Order Paper 20th May 2003

STATES OF JERSEY ORDER PAPER

Tuesday 20th May 2003

1. COMMUNICATIONS BY THE BAILIFF
2. TABLING OF SUBORDINATE LEGISLATION (Explanatory note attached)
3. MATTERS RELATING TO COMMITTEE MEMBERSHIP
4. PRESENTATION OF PAPERS

1. Papers for information

Matters presented under Standing Order 6A(1)(a)

Social rented housing: policy on setting rents (P.29/2003) – P.29/2003. comments. Com. Housing Committee.

Matters presented under Standing Order 6A(1)(b)

2. Notification of Standing Order decisions

14th May 2003

Decisions under delegated functions. Finance and Economics Committee.

3. Notification of acceptance of tenders
4. Papers to be lodged "au Greffe" under Standing Order 17A(1)(a)

Draft Public Elections (Jersey) Regulations 200-. P.64/2003. Legislation Committee.

Draft Matrimonial Causes (Amendment No. 11) (Jersey) Law 200-. P.65/2003. Legislation Committee.

Draft Criminal Justice (Suspension of Prison Sentences) (Jersey) Law P.66/2003. 200-.

Legislation Committee.

Draft Housing (General Provisions) (Amendment No. 19) (Jersey) P.67/2003. Regulations 200-.

Housing Committee.

Amy's House, La Route de St. Catherine, St. Martin: proposed sale. P.68/2003. Housing Committee.

Draft Act annulling the Medicines (Kava-kava) (Prohibition) (Jersey) P.69/2003. Order 2003.

Deputy G.W.J. de Faye of St.  Helier.

5. Notification of Papers lodged "au Greffe" under Standing Order 17A(1)(b)
6. Papers for consideration by the States in Committee under Standing Order 38A

5. STATEMENTS  AND  PROPOSITIONS  RELATING  TO  THE ARRANGEMENT  OF  PUBLIC  BUSINESS  AT  THIS  OR  ANY

SUBSEQUENT MEETING

THE STATES are asked to agree that the following matters lodged "au Greffe" be considered at their next meeting on 10th June 2003 -

Income  Tax:  increase  in  small  income  exemption  limits  and P.6/2003. allowances, and introduction of higher rate.

Lodged: 4th February 2003.

Deputy G.P. Southern of St. Helier .

Audit Commission: appointment of Chairman. P.59/2003. Lodged: 13th May 2003.

Finance and Economics Committee.

Draft Opticians (Registration) (Amendment) (Jersey) Law 200-. P.61/2003. Lodged: 13th May 2003.

Health and Social Services Committee.

Draft Jersey Association for Mental Health and Jersey Schizophrenia P.62/2003. Fellowship (Integration with Jersey Focus on Mental Health) (Jersey)

Law 200-.

Lodged: 13th May 2003.

Health and Social Services Committee.

6. PRESENTATION OF PETITIONS
7. QUESTIONS

The Connétable of St. Martin will ask a question of the President of the Employment and Social Security Committee regarding the funding of health care for persons aged over 65 years.

Deputy R.G. Le Hérissier of St. Saviour will ask a question of the President of the Finance and Economics Committee regarding that Committee's tax policy.

The Deputy of St. Martin will ask a question of the President of the Housing Committee regarding the properties known as Amy's House and L'Hôpital, St. Martin .

Deputy  G.P.   Southern  of  St.  Helier  will  ask  a  question  of  the  President  of  the Environment  and  Public  Services  Committee  regarding  public  consultation  and  the summer bus service.

Deputy R.G. Le Hérissier of St. Saviour will ask a question of the President of the Environment and Public Services Committee regarding the subsidy for the Island bus service.

The Deputy of St. John will ask a question of the President of the Environment and Public Services Committee regarding the development of the former Jersey Pearl site, St. John .

The Deputy of St. Martin will ask a question of the President of the Housing Committee regarding the proposed Security of Tenure law.

Deputy G.P. Southern of St. Helier will ask a question of the President of the Education, Sport and Culture Committee regarding the effects of increased 16+ pupil teacher ratios.

The   Deputy  of  St.  John  will  ask  a  question  of  the  President  of  the  Economic Development Committee regarding agricultural loans.

Deputy G.P. Southern of St. Helier will ask a question of the President of the Housing Committee regarding the collection of refuse from States' housing estates.

Deputy G.P. Southern of St. Helier will ask a question of the President of the Housing

Committee regarding rent rebate/abatement.

8. MATTERS OF PRIVILEGE
9. PERSONAL STATEMENTS
10. COMMITTEE STATEMENTS

Deputy D.L. Crespel, Vice-President of the Housing Committee will make a statement regarding the States Loan Scheme.

11. PUBLIC BUSINESS

Attendance Allowance Board: appointment of members. P.53/2003. Lodged: 6th May 2003.

Employment and Social Security Committee.

Draft Shipping (Amendment) (Jersey) Law 200-. P.54/2003. Lodged: 6th May 2003.

Harbours and Airport Committee.

Administrative Decisions (Review) (Jersey) Law 1982, as amended: P.56/2003. Administrative Appeals Panel – membership.

Lodged: 6th May 2003.

Privileges and Procedures Committee.

Public spending and resource allocation: information for States P.57/2003. Members.

Lodged: 6th May 2003.

Senator S. Syvret.

D.C.G. FILIPPONI Acting Greffier of the States

15th May 2003

NOTIFICATION OF STANDING ORDER DECISIONS - FINANCE AND ECONOMICS COMMITTEE

(delegated functions)

14th May 2003

1. a s recommended by the Health and Social Services Committee, the lease from the Jersey Homes Trust of the Group Home recently constructed within the new Albert Pier Housing Development, St. Helier (to be known as Maison Jubilee) for a period of 21 years from the date of purchase of the Group Home by the Trust from the public of the Island, at a commencement annual rent of £35,100 to be increased annually on the anniversary of the commencement date by 3.5 per cent, on the basis that each party would be responsible for its own legal costs arising from this transaction;
2. a s recommended by the Housing Committee, the sale to Mr. Leslie George Baudains of a strip of land (measuring 390 square feet) at Le Pré de Talbot Housing Estate (lying between the boundary line of the Le Pré de Talbot Housing Estate and La Clos de la Molleterie and an existing masonry blockwork wall - as shown on Drawing No. 11/1024/1-02), for a consideration of £1,950, on the basis that each party would be responsible for its own legal costs arising from this transaction;
3. a s recommended by the Health and Social Services Committee, the renewal of the lease from Mrs. Kerona Lapidus, née Glenn, of Cherry Tree House, 9 Greenview Farm, La Rue de Clos Fallu, St. Martin , for occupation by a Locum Consultant in the Radiology Department, for a period of one year from 1st July 2003 at an annual rent of £20,979.00 (representing a weekly rate of £403.44), on the basis that each party would be responsible for its own legal costs arising from this transaction;
4. as recommended by the Housing Committee, the entering into of Deeds of Arrangement with the undermentioned, in order to agree and record the boundary between the Le Marais Low Rise Flats, St. Clement and -

1. t h e development known as "Seapoint", the Samarés Coast Hotel, St. Clement - Stucco Limited (owner); and
2. N o. 12 La Rue de Maupertuis, St. Clement - Mr. Sergio Taufer and Mrs. Frances Philomena Taufer, née Purvis (owners).

T h e Committee would be responsible for the payment of £910, being 50 per cent of the fees of Professional

Hi-Tech Services Limited, and also for its own legal fees and those of Mr. and Mrs. Taufer; and,

5. a s recommended by the Housing Committee, an addendum to the lease to the Jersey Council on Alcoholism in respect of No.  26 West Park Avenue, St. Helier so as to include the ground floor flat (which had previously been excluded), thus removing the exclusion from Clause 1 of the existing lease, on the basis that each party would be responsible for its own legal costs arising from this transaction.

QUESTION PAPER (See Item G)

The Connétable of St. Martin will ask the following question of the President of the Employment and Social Security Committee -

" I n its Act of 24th April 2001, subsequently amended in August 2001, the States approved the introduction of a two-year trial scheme whereby certain people over the age of 65 years could receive optical and dental care. The scheme was further amended in September 2002 to cover chiropody treatment. Would the President advise -

 ( a ) the total number of persons who have registered for assistance under the scheme since its introduction

from 1st September 2001?

 ( b ) the total amount of benefits paid for optical and for dental treatment in the first year of operation of the

scheme and for optical, dental and chiropody treatment in the second year of the scheme and the number of persons receiving those benefits?

 ( c )  in each year, the total sums paid to Westfield Healthcare by way of premium for the persons registered,

and any other sums paid to Westfield Healthcare for the operation of the scheme?

 ( d ) how much of the vote in each year has not been spent and whether or not the balance will be used to

fund continued health care for the elderly given that the States approved a sum of £680,000 in each year for this purpose? and,

 ( e )  what action the Committee intends to take to review the success or otherwise of the scheme prior to

bringing to the States a proposition for the continued use of the funds earmarked for health care for the elderly given that the two-year agreement with Westfield Health Scheme is due to expire later in 2003?"

Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the President of the Finance and Economics Committee -

" W ould the President indicate whether or not the Committee is committed to an integrated tax policy as opposed to a proliferation of special charges and unreformed taxes?"

The Deputy of St. Martin will ask the following question of the President of the Housing Committee -

" ( a) The properties known as Amy's House and l'Hôpital in St. Martin have been unoccupied for some considerable time. At the States meeting of 8th October 2002, in answer to a question querying why the properties remained unoccupied, the President stated that the Committee was going to sell the properties by way of open tender. Will the President inform members why the properties still remain unoccupied and outline what steps have been taken to sell the properties?

 ( b ) There are a number of other properties owned by the Housing Committee which remain unoccupied and

unsold such as those on the Waterfront site. Will the President inform the States of the number and location of all properties in Housing's portfolio that are unoccupied and for sale?

 ( c ) In respect to the properties referred to in (b) above will the President state how long those properties

have been on the market and give an explanation as to why they remain unsold?"

Deputy G.P. Southern of St. Helier will ask the following question of the President of the Environment and Public Services Committee -

" T he public were recently given only 3 weeks notice of changes to the proposed summer bus service, with only 4 working days in which to comment in writing to the Public Services Department. Does the President accept that this period was inadequate for proper consultation to have taken place, and, if so, will he ensure

that future similar consultations allow for longer consultation periods and deadlines?"

Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the President of the Environment and Public Services Committee -

" W ould the President confirm that the States subsidy required for the first year of Connex's operation will be approximately £1.4 million, namely the sum quoted when the winning tender was announced in May 2002, or has it been revised in the light of changing circumstances, and, if so, what is the anticipated subsidy for 2002 and 2003?"

The Deputy of St. John will ask the following question of the President of the Environment and Public Services Committee -

" I n relation to the new development on the former Jersey Pearl site in St. John , would the President inform members -

  (a ) what is the Committee's policy, if applicable, relating to the protection of existing neighbouring

properties when considering applications for major new developments of this type?

 ( b )  what provisions are made, if any, for site inspection by officers of the Planning Department during the

course of development works of a major new development of this type?

 ( c ) what is the Committee's policy, if applicable, relating to the number of windows included in a new

development of this type which overlook existing neighbouring properties? and,

 ( d ) what consideration, if any, is given by the Committee to applications for major developments of this

type relating to future extensions of the properties, and if so, what provision is made for the impact on parking and open space?"

The Deputy of St. Martin will ask the following question of the President of the Housing Committee -

"O n 11th May 1999, the States approved a proposition of the Housing Committee, P.257/98, entitled

Security of Tenure Law – report of the working party', proposing that a new law should be prepared to provide for improved security of tenure. Given that it is now four years since that approval was given, would the President inform Members if the law drafting instructions have been submitted to the Law Draftsman, and, if so, when, and when the Committee expects to present the draft law to the States for debate?"

Deputy G.P. Southern of St. Helier will ask the following question of the President of the Education, Sport and Culture Committee -

" T he former Education Committee increased the 16+ pupil teacher ratio in the 2003 budget. In responding to my question on 5th November 2002, the previous President was unable to give details of budgetary and educational consequences of the resultant service cut. Will the president inform members -

 ( a ) what sums were cut from the budgets of Hautlieu School, Highlands College, the fee-paying colleges

and grants to private schools as a result of the increase in pupil teacher ratios?

 ( b )  what effect these cuts have had on the average and maximum class sizes, and the range of courses

offered in each of the institutions in 2003? and,

 ( c )  what measures the Committee proposes in order to protect class sizes and standards in the States sector

in its 2004 budget proposals in the light that the fee-paying colleges have announced an increase in fees to protect class sizes and standards'?"

The Deputy of St. John will ask the following question of the President of the Economic Development Committee -

" W ill the President give details of the number of unsecured agricultural loans that are outstanding within the industry, and when these were put in place?"

Deputy G.P. Southern of St. Helier will ask the following question of the President of the Housing Committee -

" H ealth and safety considerations recently interrupted refuse collections on a St. Helier States' housing estate. Will the president inform members when the Housing Department was first made aware of the health and safety problem, and, if this was some time ago, the reasons for the time taken to resolve the problem?"

Deputy G.P. Southern of St. Helier will ask the following question of the President of the Housing Committee -

" O n 13th May 2003, in reply to a question on rent rebate/abatement, the Vice-President refused to confirm whether the Committee intends to change the calculation for assessment of rent rebate/abatement to reduce the benefit payable to recipients. Will the President inform members –

( a ) whether the Committee intends considering changes to the rent rebate/abatement scheme, and, if so,

when?

(b ) whether these changes will reduce the total payable in rent rebate/abatement by up to £800,000

annually? and,

 ( c ) whether consideration will be given by the Committee to raising the surcharge on adult children and

lodgers to raise a further £400,000 from States tenants, and, if so, when?"