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Report

Report - Environment, Housing and Infrastructure Panel 2018-2022 Legacy Report - 6 May 2022

Published on: 6 May 2022

Presented by: Environment, Housing and Infrastructure Panel

Reference: S.R.15/2022

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2018-2022 Legacy Report:

Environment, Housing and Infrastructure Scrutiny Panel

S.R.15/2022 6th May 2022

Contents

Chair's Foreword ................................................................................................................................ 1 Introduction ......................................................................................................................................... 2 Review output / work undertaken .................................................................................................. 4 Reports .............................................................................................................................................. 4 Comments papers ............................................................................................................................ 6 Amendments ..................................................................................................................................... 8 Other methods of working ............................................................................................................... 9 Public Hearings................................................................................................................................. 9 Letters ................................................................................................................................................ 9 Briefings ........................................................................................................................................... 10 Advisers ........................................................................................................................................... 10 Public engagement ........................................................................................................................ 10 Visits ................................................................................................................................................. 11

Suggestions for future work ......................................................................................................... 11 Potential topics for review / further follow-up ............................................................................. 11 Waste Strategy ........................................................................................................................... 11 Marine Resources Strategy ...................................................................................................... 11 Jersey Fishing Vessel Licensing Scheme .............................................................................. 12 Amendments to the Residential Tenancy (Jersey) Law 2014 ............................................. 12 Passivhaus Building Design Standards .................................................................................. 12 Carbon Neutral Roadmap – Establishment of an independent Climate Council.............. 12 Sustainable Transport Roadmap ............................................................................................. 12 Medicinal Cannabis (Planning and Environmental Considerations) .................................. 13 Foreshore Encroachment Policy – implementation of Panel's recommendations ........... 13 Wildlife (Jersey) Law 2021 – implementation and resourcing ............................................. 13 Draft Planning and Building (Amendment No.8) (Jersey) Law 202- [P.76/201] ............... 13 Public Health and Safety (Rented Dwellings) – Draft Regulations ..................................... 14

P.F.A.S. (perfluoroalkyl substance) contamination – hydrogeological study and future remediation action ...................................................................................................................... 14

Minerals policy, sand extraction, and long-term water storage strategy............................ 14 Soil research and carbon sequestration ................................................................................. 14 Airbnb and impact on housing .................................................................................................. 15

Creating better homes' action plan – progress review ........................................................ 15 Vehicle testing delivery model .................................................................................................. 15 Forthcoming legislation ................................................................................................................. 16 Other suggestions .......................................................................................................................... 16 Recommendation tracker .......................................................................................................... 16 Appendix 1 ......................................................................................................................................... 17

Chair's Foreword

The  four-year  term  of  the  States  Assembly  which  we  have experienced has been far from the normal - if there is such a thing

- that we all expected.

We commenced our work with the consideration of Government policy on reducing the use of plastics in the island, followed by the scrutiny of Government plans, and the controversial and much politicised but important matter of minimum standards in rented dwellings. A report on foreshore encroachments revealed that there was much for Government to bring into alignment.

Our review into the Bridging Island Plan, a shortened 3-year version as a result of the pandemic, revealed a complex process which stimulated over 100 amendments from States Members. This stimulated a long States debate resulting in an improved and better-balanced result.

Brexit and the consequential effects in Jersey led to the panel reviewing the UK-EU Trade and Co-operation Agreement appertaining to fisheries and Jersey's relationship with France. This turned out to be a far from satisfactory outcome for Jersey's fishing fleet and will require continued vigilance from our Government.

Climate change is high on global agendas and the panel were pleased to report on the Citizens' Assembly recommendations. This links to the Carbon Neutral Roadmap review which highlights the need for a separate Minister and scrutiny panel to take this essential work forward.

Affordable housing in Jersey is at a crucial stage and the panel's report on its supply and delivery was of value to Government policy.

The panel were saddened by the death of Connétable Le Sueur -Rennard early in April. Her contribution to panel meetings was enormously valuable and she will be missed.

I'm grateful for the support of the panel's officers in the States Greffe who made significant contributions to the panel's work.

Finally, I take this opportunity to thank fellow panel members for their contributions in the multi- faceted areas of our remit - the panel has worked well.

Connétable Mike Jackson

Chairman

Environment, Housing and Infrastructure Scrutiny Panel

Introduction

The Environment, Housing and Infrastructure Scrutiny Panel (the Panel) is one of five scrutiny panels working on behalf of the States Assembly to examine and investigate the work of the Government of Jersey. This is achieved through review of:

government policy

new laws and changes to existing laws

work and expenditure of the government

issues of public importance.

This work is important in holding Ministers to account for their decisions and actions, helping to improve government policies, legislation and public services.

The Panel is tasked with policy and legislation arising from the work of the Minister for Housing and Communities (formerly the Minister for Children and Housing), Minister for Infrastructure and the Minister for the Environment.

"There shall be a scrutiny panel which is assigned the topics of

environment, housing and infrastructure"

Standing Order 135(1)(d)

The Panel has reviewed and collated the work it has undertaken since its establishment by the States in June 2018, in order to assist its successor Panel in the next session.

This report sets out:

work undertaken by the Panel during the session 2018 to 2022;

methods of working used by the Panel; and

suggestions for topics or issues that a successor Panel may wish to consider in developing its work programme.

A full list of panel members, past and present, can be found in Appendix 1 of this report.

Below is a snapshot overview of the work undertaken by the Panel in holding Government to account during the 2018-22 term:

Met over 140 times Presented 14 comment papers

Produced 11 reports, made 365 findings and 202 recommendations – 123 were accepted or partially accepted (excluding S.R.7/2022 – responses not provided prior to publication of this report)

Lodged 8 amendments to propositions

4 adopted and 3 rejected (1 was not debated due to the

proposition being defeated in first reading)

Sent and received over 56 letters Conducted 66 public hearings

Review output / work undertaken

Reports

The Panel has presented 11 Scrutiny Reports (S.R.) to the States as follows:

Report – Draft Carbon Neutral Roadmap Review – 21 April 2022 S.R.7/2022

Report – Government Plan 2022 - 2025 Environment, Housing and Infrastructure Panel Review – 9 December 2021

S.R.18/2021

Report - Affordable Housing: Supply and Delivery Review - 10 November 2021

S.R.14/2021

Report - Climate Change Citizens' Assembly - Observers' Interim Report  

- 19 July 2021

S.R.10/2021

Report - Inclusion of Bailiwick of Jersey in the UK-EU Trade and Co- operation Agreement (Fisheries) - 19 February 2021

S.R.5/2021

Report - Bridging Island Plan 2022-24

- 5 February 2021

S.R.3/2021

Report - Foreshore Encroachment Policy Review - 14 January 2021 S.R.1/2021

Report - Environment, Housing and Infrastructure - Government Plan 2021-24 - 2 December 2020 S.R.12/2020

Report - Minimum Standards for Rented Dwellings - Environment, Housing and Infrastructure - 21 February 2020

S.R.1/2020

Report - Government Plan 2020 - Environment, Housing and Infrastructure Panel Report - 11 November 2019

S.R.13/2019

Report - Reducing use of plastics in Jersey - 8 March 2019

S.R.5/2019

Comments papers

The Panel has presented 14 comments papers to the States as follows:

Draft Sea Fisheries and Aquatic Resources P.29/2022(Com)  (Portelet Bay) (Jersey) Regulations 202-

(P.29/2022): comments [P.29-2022 Com.]


Proposition date: Debate date:

P.76/2021(Com)

Proposition date: Debate date:

P.114/2021(Com)

Proposition date: Debate date:

P.118/2021(Com) Proposition date:


20/04/2022 25/04/2022

Draft Planning and Building (Amendment No. 8) (Jersey) Law 202-(P.76/2021): comments [P.76- 2021 Com.]

20/04/2022 25/04/2022

Draft Official Controls (Animals, Food, Feed, and Plant Health etc.) (Jersey) Regulations 202- (P.114/2021): comments

03/02/2022 08/02/2022

Draft Commercial Vehicles (Licensing of Operators) (Jersey) Law 202- (P.118/2021): comments

14/01/2022


Debate date: P.61/2021(Com)

Proposition date: Debate date:

P.39/2021(Com)

Proposition date: Debate date:

P.33/2021(Com)

Proposition date: Debate date:

P.19/2021(Com)

Proposition date: Debate date:

P.6/2021(Com)(2)

Proposition date: Debate date:

P.110/2020(Com)

Proposition date: Debate date:

P.42/2020(Com)

Proposition date: Debate date:

P.41/2019(Com)

Proposition date: Debate date:

P.109/2018(Com)


09/02/2022

Draft Single-Use Plastics etc. (Restrictions) (Jersey) Law 202-.: comments

15/07/2021 21/07/2021

Draft Road Traffic (No.68) (Jersey) Regulations 202-.(P.39/2021): comments

29/09/2021 05/10/2021

Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 202- (P.33/2021): Comments

02/06/2021 20/07/2021

Les Quennevais Park Flats: Loan Scheme (P.19/2021): comments

16/04/2021 22/04/2021

Draft Road Traffic (No. 65) (Jersey) Regulations 202- (P.6/2021 re-issue): comments

19/03/2021 23/03/2021

Draft Wildlife (Jersey) Law 202-: comments [P.110/2020 Com.]

29/01/2021 09/02/2021

Draft Covid-19 (Residential Tenancy) (Temporary Amendment of Law) (Jersey) Regulations 202- (P.42/2020): comments [P.42/2020 Com.]

08/04/2020 09/04/2020

Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 7) (Jersey) Regulations 201- (P.41/2019): comments [P.41/2019 Com.]

13/05/2019 21/05/2019

Draft Road Traffic and Vehicles (Vienna Convention – Miscellaneous Amendments) (Jersey) Regulations 201- (P.109/2018): comments (P.109/2018 Com.)


Proposition date: Debate date:

P.104/2018(Com)(2)

Proposition date: Debate date:


19/11/2018 20/11/2018

Importation of Waste for treatment in the Jersey Energy from Waste plant (P.104/2018): comments (P.104/2018(Com)(2))

06/11/2018 06/11/2018


Amendments

The Panel has lodged 8 amendments in the States as follows:

P.74/2022(Amd)  Carbon Neutral Roadmap (P.74/2022): ADOPTED  amendment

Proposition date:  07/04/2022 Debate date:  25/04/2022

P.36/2021(Amd)(81) Island Plan 2022-25: Approval (P.36/2021) – ADOPTED  eighty-first amendment. Changes to

Passivhaus Policy.

Proposition date:  07/02/2022 Debate date:  22/03/2022

Draft Covid-19 (Residential Tenancy) P.42/2020(Amd)  (Temporary Amendment of Law) (Jersey) REJECTED  Regulations 202- (P.42/2020): amendment

[P.42/2020 Amd.]

Proposition date:  08/04/2020 Debate date:  09/04/2020

P.127/2019(Amd)(2) Carbon Neutral Strategy 2019 (P.127/2019): ADOPTED  second amendment

Proposition date:  07/02/2020 Debate date:  25/02/2020

P.106/2019(Amd)(2) Draft Public Health and Safety (Rented PROPOSITION  Dwellings) (Licensing) (Jersey) Regulations DEFEATED AMD.  201- (P.106/2019): second amendment

NOT DEBATED  [P.106/2019 Amd.(2)]

X

Proposition date:  20/02/2020 Debate date:  09/09/2020

P.71/2019(Amd)(4)  Government Plan 2020–2023 (P.71/2019): REJECTED  fourth amendment [P.71/2019 Amd.(4)]

Proposition date:  07/11/2019 Debate date:  26/11/2019

P.71/2019(Amd)(3)  Government Plan 2020–2023 (P.71/2019): third REJECTED  amendment [P.71/2019 Amd.(3)]

Proposition date:  07/11/2019 Debate date:  28/11/2019

Draft Road Traffic and Vehicles (Vienna P.109/2018(Amd)  Convention – Miscellaneous Amendments) ADOPTED  (Jersey) Regulations 201- (P.109/2018):

amendment (P.109/2018(Amd))

Proposition date:  06/11/2018 Debate date:  20/11/2018

Other methods of working

Public Hearings

The Panel has held regular quarterly public hearings with the Minister for Housing and Communities (formerly the Minister for Children and Housing), Minister for Infrastructure and Minister for the Environment. This has given the Panel the opportunity to ask questions in a public forum. Question topics have covered a variety of aspects relating to the Panel's remit, ranging from current affairs, new or ongoing policy work, to the proposal and implementation of new legislation. Quarterly hearings have also provided the Panel opportunity to follow-up on the implementation of accepted recommendations, or the rationale for the rejection of any recommendations made as a result of its review work.

The Panel has also conducted specific public review hearings to gain evidence as part of its scrutiny reviews. Question areas for these hearings has been focused on the topic of the review as defined by its Terms of Reference and has been held with Ministers, as well as key stakeholders depending on the review.

In total the Panel held 66 public hearings.

Letters

The Panel has sent and received over 56 letters to and from Ministers during its term of office. These letters have sought to hold Ministers to account on various matters of importance by requesting information and updates on policy and/or legislation, or by requesting the Minister to take action on an important policy matter.

All letters are published on the States Assembly website for greater public transparency unless a justifiable exemption under the Freedom of Information Act can be demonstrated by the respective Minister or Government Officials.

Briefings

During its term of office, the Panel received numerous briefings from Ministers and Government Officials on a variety of matters relevant to its remit.

Briefings have often been provided at the start of a review, to discuss ongoing policy and legislation development, or on one-off matters of importance.

The Panel has received regular ongoing briefing updates, particularly, in relation to larger workstreams such as the Bridging Island Plan process, as well as the Carbon Neutral Roadmap. The Panel also sought regular briefing updates from the Minister for the Environment and Minister for External Relations and Financial Services on the implementation of the fishing vessel licensing scheme following the post-Brexit UK/EU Trade and Co-operation Agreement.

Advisers

The Panel's review of Affordable Housing: Supply and Delivery was informed by the engagement of expert advisors  ARK Consultancy who specialise in various aspects of housing, including housing market functionality and assessment, housing policy and new homes development. ARK's advisory role was to provide expert knowledge and insight to assist the Panel in undertaking an in-depth examination of affordable housing supply and delivery in Jersey and to assist the Panel in providing key recommendations to the Government of Jersey.

Public engagement

The Panel has sought to engage with the public through various channels of engagement, some of which have included:

Sponsored social media posts and polls

Publication of interactive digital summary versions for each of its scrutiny reports

Summaries of key issues raised and outcomes from public hearings posted on social media

A targeted approach to requesting submissions from key stakeholders to its reviews, in addition to general call for evidence advertising which has included radio and the Jersey Evening Post, as well as social media, where appropriate.

Inclusion of questions raised by members of the public, including Jersey Youth Assembly, in its question plans for quarterly hearings with Ministers.

Visits with key stakeholders of its reviews where appropriate or possible, as well as meeting with individuals from the Jersey Youth Assembly.

The Panel advocates the continued use of multiple methods of public engagement to its successor Panel. Particularly, in relation to targeted stakeholder engagement and requesting submissions from key individuals or organisations on specific review topics. We would also recommend that the extent of any Government-led consultation and engagement with stakeholders is also closely monitored by our successor Panel and that Ministers are challenged where appropriate stakeholder engagement and/or consultation has not been sought or considered.

Visits

The Panel has undertaken a number of visits during its term of office, including the following:

Jayplas UK Recycling Plant

Parish of St. Helier Recycling Depot

Guernsey Recycling Group Waste Facilities

Abbey Waste Ltd. Jersey Facility

La Collette Household Re-use and Recycling Centre

Energy from Waste Plant

Warwick Farm

Jersey Water Treatment and Desalination Plant

Durrell (Nature Connections Initiative)

Simon Sand Ltd.

ATF Fuels Ltd. HQ

Suggestions for future work

Potential topics for review / further follow-up

Waste Strategy

A Waste Strategy was last published by Government in 2005 and was identified as a priority workstream at the beginning of the 2018-22 Government term. However, owing to lack of resources;  re-deployment  of  policy  officers  during  the  COVID-19  pandemic  and  re- prioritisation of resources to deliver the Carbon Neutral Roadmap; the Waste Strategy was delayed. It is the Panel's understanding that this workstream has now been re-prioritised for the next 2022-25 term. The Panel recommends that its successor Panel should keep pressing Ministers for this important overarching strategy in the next term and to consider this a key review topic in its work programme. A number of key recommendations made and accepted following the Panel's review of Reducing Plastics in Jersey' (S.R.5/2019) related to and/or were dependent on the formation of the Strategy and may be a useful reference point for the next Panel to consider for follow-up with Ministers.

Marine Resources Strategy

As a result of its review of the Inclusion of the Bailiwick of Jersey in the UK/EU Trade and Co- operation Agreement: Fisheries' [S.R.5/2021], the Panel recommended that the Government of Jersey produce a Marine Resources Strategy by the end of 2021. This timeline was not met and when pressed on the matter in the last public quarterly hearing held with the Minister for the Environment in March 2022, the Panel was advised that whilst it was the intention to produce the strategy, work on this had slowed owing to the implementation of the UK/EU Trade and Co-operation Agreement and a timeline for producing a strategy could not be committed to. It was the Minister for the Environment's opinion that there were ongoing revenue funding and capital investment issues which needed to be addressed. The Panel would urge its successor Panel to keep pressing the next Minister for the Environment and to

review the strategy should one be presented to the States within the next Government term. Additionally, and owing to continued concerns over the lack of resources across a number of environmental teams in the Infrastructure, Housing and Environment Department, the Panel would advise the next Panel to examine how future policy will ensure that sustainable fisheries will be effectively managed, enforced and resourced under any proposed strategy.

Jersey Fishing Vessel Licensing Scheme

The Panel would urge its successor Panel to continue to monitor the evolving situation surrounding the fishing vessel licensing scheme and the intended future application of the extent and nature' clause of the Trade and Co-operation Agreement. The last update provided by the Minister for the Environment was in response to a letter from the Panel received on 3rd May 2022.

Amendments to the Residential Tenancy (Jersey) Law 2014

It is the Panel's understanding that draft legislation is intended to be brought to the States Assembly by the next Minister for Housing and Communities before the end of 2022. The Panel recommends that its successor Panel requests sight of the law drafting instructions from the next Minister for Housing and Communities in order to provide an indication of the types of amendments to the Residential Tenancy Law which are likely to be brought forward and to enable the Panel to scope a review should one be required.

Passivhaus Building Design Standards

Following the successful adoption of the Panel's amendment to P.36/2021, the Panel would urge its successor Panel to follow-up with Ministers on what work is being undertaken to review the introduction of Passivhaus[1] standards, or other design standards, prior to the next Island Plan Approval.

Carbon Neutral Roadmap – Establishment of an independent Climate Council

Following the successful adoption of the Panel's  amendment to P.74/2022, the next Government has been tasked with presenting options for the establishment of an independent Climate Council, including a proposed Terms of Reference, membership and budget for approval by the next States Assembly prior to the end of 2022. The Panel would urge its successor Panel to press the relevant Minister for updates on progress made towards this throughout 2022.

Subject to whether a new Ministerial portfolio is created in the next Government term for a new Minister for Energy and Climate Change, as well as a new standing Scrutiny Panel to oversee this policy remit, the successor EH&I Panel should consider how to approach scrutiny of the Carbon Neutral Roadmap (CNR) policies over the next political term. This should take into consideration how Scrutiny will complement the work undertaken by a new independent Climate Council once established.

Sustainable Transport Roadmap

It is the Panel's understanding that a Sustainable Transport Roadmap (STR) will be presented to the States before the end of 2022 and highlights this so that its successor Panel can incorporate any potential review work into its early work programme for 2022.

In addition, the Panel recommended in its review of the Draft Carbon Neutral Roadmap [S.R.7/2022] that the Government of Jersey should ensure that as part of its preparation of the Sustainable Transport Roadmap, the needs of disabled Islanders are taken into full consideration, as well as how to ensure a Just Transition' within all the proposed policies. Therefore, this may be an area for the successor EH&I Panel to explore in further depth should it wish to undertake a review of the STR.

Medicinal Cannabis (Planning and Environmental Considerations)

A report published by the Economic and International Affairs Scrutiny Panel in January 2022 made several planning and environment related recommendations. A Ministerial Response was presented on 26th April 2022 and may be a useful reference point for our successor Panel in identifying whether the cultivation of medicinal cannabis may warrant and/or benefit from further review in relation to planning and environmental considerations.

Foreshore Encroachment Policy – implementation of Panel's recommendations

In January 2021, the Panel concluded its review of the Foreshore Encroachment Policy which made a number of recommendations. The Minister for Infrastructure responded accepting 6 of the 9 recommendations. When followed up on the implementation of these accepted recommendations in a quarterly public hearing with the Minister in February 2022, it was noted that none of the accepted recommendations had been actioned. The Panel was advised at the time that this was due to lack of resources within Jersey Property Holdings and would urge its successor panel to continue to press for updates from the Minister for Infrastructure in the next government term.

Wildlife (Jersey) Law 2021 – implementation and resourcing

A key area of concern for the Panel has been the lack of detailed guidance to accompany the Law from its enactment in June 2021. Additionally, the lack of Government resourcing to support the implementation of the Law. The Panel was advised at the last quarterly hearing held with the Minister for the Environment in March 2022 that the guidance was on track to be published by August 2022.

In terms of the Department's resourcing and implementation of the law, the Panel has been provided with an independent report commissioned by Government and it was revealed in the public quarterly hearing that the report had recommended a further two officer posts in addition to the one dedicated post already in place.

The Panel would urge its successor Panel to continue to request progress updates from the Minister for the Environment regarding the guidance and future resourcing of the Law's implementation.

Draft Planning and Building (Amendment No.8) (Jersey) Law 202- [P.76/201]

Having reviewed P.76/2021, the Panel concluded that the adoption of the proposition would enable both appropriate and necessary powers to enforce greater preservation of the Island's trees, as well as areas of archaeological and/or cultural importance. The proposition was subsequently adopted by the States Assembly at the April 2022 States' sitting.

Whilst generally supportive of the draft Law, the Panel highlighted that important detail on the Law's implementation would be subsequently made by Order and Regulations and that this detail would be crucial to understand any potential impact and allay any stakeholder concerns. Aware of the uncertainty this presented for some stakeholders until the proposed Orders are made post-elections, the Panel would recommend that its successor Panel keeps a watching brief on the implementation of the draft Law and that scrutiny of the Orders be undertaken where any valid stakeholder concerns may arise. We would recommend that once in post both our successor Panel and the Minister for the Environment proactively engage with stakeholders regarding the impact of any proposed subordinate legislation.

Public Health and Safety (Rented Dwellings) – Draft Regulations

Considering that all previous attempts to bring forward draft regulations have been defeated during this political term, the Panel urges its successor Panel to press the future Minister for the Environment on whether it is their intention to bring forward new regulations for debate and the associated timeline.

P.F.A.S. (perfluoroalkyl substance) contamination – hydrogeological study and future remediation action

The Panel was advised in October 2021 that approved Government Plan funding would enable a hydrogeological study to be undertaken in order to gain a better understanding of the extent and movement of PFAS previously identified in St Ouen's Bay and Pont Marquet catchments. Additionally, to help understand the risk to the public water supply, if any, at Jersey Water's St Ouen well fields and Pont Marquet pumping station. The Panel was further advised that work on the survey was due to commence imminently and that the existing Government Plan funding bid covers the hydrogeological survey only and if a clean-up is recommended this will be subject to a future Government Plan bid.

The Panel recommends to its successor Panel that it keep a watching brief on this matter and continue to press the Minister for the Environment for progress updates.

Minerals policy, sand extraction, and long-term water storage strategy

Cognisant of the policy decision to permit further sand extraction at the Simon Sand Ltd. site in St. Ouen , under the current Bridging Island Plan, the Panel would urge its successor Panel to continue to question the next Minister for the Environment on a longer-term strategy for sand extraction and/or importation.

In a similar respect, the Panel is aware of plans to increase capacity at the desalination plant as a short-term measure for increasing the Island's water storage capacity. The Panel pressed the Minister for the Environment in the last public quarterly hearing on what work was being undertaken to formulate a longer-term plan for the next Island Plan Approval and was advised that Jersey Water has developed options which will be explored further prior to the next Island Plan Review.

The Panel would urge its successor Panel to continue to question the next Minister on future plans and progress towards a longer-term strategy.

Soil research and carbon sequestration

The Panel is aware that the Government of Jersey partnered with Cranfield University in 2019 to conduct soil research and gain a better understanding of Jersey's soil quality. However, the Panel notes this work is yet to be completed and published.

In its report on the Draft Carbon Neutral Roadmap [S.R.7/2022] the Panel recommended that The Government of Jersey should seek to complete and publish the findings of the ongoing soil research by the end of Q2 2023. The aim of which would be to provide a clearer indication of Jersey's soil quality and potential for carbon sequestration and with a view to this providing a suitable evidence base to inform whether soil carbon sequestration should be considered an advantageous policy direction for inclusion in the next delivery phase of the Carbon Neutral Roadmap.

The Panel therefore suggests its successor Panel requests regular progress updates on this workstream from the next Minister for the Environment.

Airbnb and impact on housing

In January 2022, issues were highlighted to the Panel in relation to Airbnb rentals impacting on the self-catering tourism market and lack of available self-catering units. It was highlighted that under current housing legislation, individuals are required to be residentially qualified to rent a short-term holiday let. Also, that Change of Use' is a problematic barrier for property owners being able to register and let a property as a self-catering unit, resulting in very few larger family homes currently registered within the self-catering market. It is the Panel's understanding that this has resulted in a surge of properties being listed as Airbnb holiday rentals, illegally.

The Panel was unable to explore the matter in more depth prior to the end of its term of office, however, highlights the issues raised for further consideration by either its successor Panel and/or the Economic and International Affairs Panel for potential review or follow-up with Ministers where appropriate.

Creating better homes' action plan – progress review

Several ongoing actions and deliverables resulting from the Creating better homes: an action plan for Jersey' are proposed by Government throughout 2022 and beyond. The Panel would suggest its successor Panel considers reviewing progress made towards delivering the action plan during its term of office.

Our successor Panel may also wish to consider the recommendations made by this Panel in its review of Affordable Housing: Supply and Delivery [S.R.14/2021] and any progress Government has made to implementing any of the accepted recommendations throughout the course of 2022 and beyond.

Vehicle testing delivery model

Previous funding allocation for a vehicle testing centre was removed as a major capital project from the Government Plan 2022 on the basis that it is now expected this will be delivered by the provider. The implications of this have been assessed by Government and based on confirmation provided from potential providers who had made an expression of interest, this has been deemed, by Government, as a workable model. The outcome, therefore, is that capital funding is no longer available, and the preferred option is that the provider will be required to construct and operate the inspection centre, preferably on a site provided by Government.

The Panel would urge its successor Panel to keep a watching brief on the chosen delivery model for continued implementation of the vehicle testing regime, particularly in relation to the use of on-island skills and training and the value for money it delivers.

Forthcoming legislation

The Panel is aware of the following draft legislation which is proposed to be lodged in the States post-election period:

 

 

Forthcoming Legislation – post-election

 

Project

Est. Month for Lodging

Environment

 

Secondary Legislation under the Food Law  TBC

Animal Health Regulation  Q1 2023

Prevention of Pollution from Construction

Q1 2023 Sites

Jersey Water Law  Q1 2023

Water Pollution (Water Quality) Order 2000  TBC

Strategy for Biodiversity – Wildlife Law

TBC 2021

Pesticides Law  TBC

Policing of Parks Regulations 2005  TBC

 

Housing

 

Tenant protection measures – phase 2  Q1 2023

Social housing regulator  2023

Affordable purchase product – legal basis –

TBC potentially not require legislation

Rent stabilisation (possible use of exiting

Q1 2023 Rent Law)

Tenant protection measures – phase 1 –

2023 potential to expand definition of tenant'

 

Infrastructure

 

None that the Panel is aware

Other suggestions

Recommendation tracker

The Panel is aware of a recommendation tracker which has been successfully utilised by the Public Accounts Committee (PAC) and the Executive in tracking PAC recommendations and would advocate that its use be extended more broadly across Scrutiny Panels to make the tracking  of scrutiny  recommendations  easier  and  more  transparent  in  the  next term  of Government.

Appendix 1

Panel Membership

Constable Mike  Constable John Le Jackson (Chair)  Maistre (Vice-Chair)

Deputy Inna Gardiner   Deputy Graham Truscott   Deputy Steve Luce

[joined the Panel in March  [joined the Panel in January  [joined the Panel in

2019]  2021]  January 2021]

Previous members

Deputy Kirsten Morel  The late Constable Sadie Le Sueur -Rennard

[Panel member from June  [Panel member from June 2018 until December  2018 until April 2022] 2020]

States Greffe | Morier House | Halkett Place |St Helier | Jersey | JE1 1DD T: +44 (0) 1534 441 020 | E: [email protected] | W: Statesassembly.gov.j1e8


[1] Originating in Germany, Passivhaus is a building design and energy performance standard which is widely accepted internationally. Its aim is to dramatically reduce the requirement for space heating and cooling (creating ultra-low energy buildings), whilst also creating improved indoor air quality and comfort levels.