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Order Paper 8th June 2004

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STATES OF JERSEY ORDER PAPER

Tuesday 8th, Wednesday 9th June 2004, and, if necessary, Tuesday 15th and Wednesday 16th June 2004

  1. COMMUNICATIONS BYTHE BAILIFF
  2. TABLING OF SUBORDINATE LEGISLATION

(Explanatory note attached)

Jersey Revels Order 2004. R&O 52/2004. Environment and Public Services Committee.

Road  Traffic  (Saint  Helier)  (Amendment  No.  16)  (Jersey)  Order R&O 53/2004. 2004.

Environment and Public Services Committee.

Road  Traffic  (Disabled  Persons)  (Parking)  (Amendment  No.  2) R&O 54/2004. (Jersey) Order 2004.

Environment and Public Services Committee.

  1. MATTERS RELATING TO COMMITTEE MEMBERSHIP
  2. PRESENTATION OF PAPERS
  1. Papers for information

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

Draft Waste Management (Jersey) Law 200- (P.88/2004): comments. P.88/2004. Finance and Economics Committee. Com.

Lord Coutanche Court, Seaton Place, St.  Helier: Seaton Lane P.93/2004. proposed sale (P.93/2004) comments. Com. Finance and Economics Committee.

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

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

States Strategic Plan 2005 to 2010 (P.81/2004) amendment. P.81/2004. Senator P.F. Routier. Amd.

Draft Banking Business (Amendment No.  4) (Jersey) Law 200-. P.110/2004. Economic Development Committee.

Draft Financial Services (Amendment No.  2) (Jersey) Law 200-. P.111/2004. Economic Development Committee.

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

38A

  1. STATEMENTS  AND  PROPOSITIONS  RELATING  TO THE ARRANGEMENT  OF  PUBLIC  BUSINESS  AT  THIS  OR  ANY SUBSEQUENT MEETING

The President of the Finance and Economics Committee will ask the States to agree that consideration of the proposition regarding Draft Stamp Duties and Fees (No.  3) (Jersey) Regulations 200-  (P.53/2004 - lodged "au Greffe" on 6th April 2004) be deferred from the present meeting.

THE  STATES are  asked  to  agree  that the  following matters  lodged "au  Greffe" be considered at their next meeting on 22nd June 2004 -

Draft Competition (Jersey) Law 200-. P.37/2004. Lodged: 9th March 2004. (re-issue) Economic Development Committee.

Draft Competition (Jersey) Law 200- (P.37/2004): comments. P.37/2004. Presented: 20th April 2004. Com. Finance and Economics Committee.

Draft Competition (Jersey) Law 200- (P.37/2004): amendment. P.37/2004. Lodged: 23rd March 2004. Amd. Deputy J.L. Dorey of St. Helier .

Draft  Competition  (Jersey)  Law  200- (P.37/2004):  amendment P.37/2004. (P.37/2004  Amd.) comments. Amd.Com. Presented: 25th May 2004.

Economic Development Committee.

Draft Stamp Duties and Fees (No.  3) (Jersey) Regulations 200-. P.53/2004. Lodged: 6th April 2004.

Finance and Economics Committee.

Modernisation of Jersey's Gambling Legislation. P.62/2004. Lodged: 20th April 2004. (re-issue) Economic Development Committee.

Modernisation of Jersey's Gambling Legislation (P.62/2004): P.62/2004. comments. Com. Presented: 11th May 2004.

Finance and Economics Committee.

Draft Data Protection (Jersey) Law 200-. P.70/2004. Lodged: 20th April 2004.

Finance and Economics Committee.

Draft Data Protection (Jersey) Law 200- (P.70/2004): amendments. P.70/2004. Lodged: 11th May 2004. Amd. Deputy J.L. Dorey of St. Helier .

States Strategic Plan 2005 to 2010. P.81/2004. Lodged: 4th May 2004.

Policy and Resources Committee.

States Strategic Plan 2005 to 2010 (P.81/2004) amendment. P.81/2004. Lodged: 8th June 2004. Amd.

Senator P.F. Routier.

Draft Aerodromes (Amendment No.  6) (Jersey) Regulations 200-. P.91/2004. Lodged: 18th May 2004.

Harbours and Airport Committee.

Lord  Coutanche  Court,  Seaton  Place,  St.  Helier:  Seaton  Lane P.93/2004. proposed sale.

Lodged: 18th May 2004.

Housing Committee.

Lord Coutanche Court, Seaton Place, St.  Helier: Seaton Lane P.93/2004. proposed sale (P.93/2004)comments. Com. Presented: 8th June 2004.

Finance and Economics Committee.

Licensing Law: purchase of alcohol for persons under 18. P.95/2004. Lodged: 18th May 2004.

Deputy of St. Martin.

Model Agreements on taxation of savings income. P.97/2004. Lodged: 18th May 2004.

Policy and Resources Committee.

Jersey Airport, St.  Peter: Alpha Taxiway transfer of administration. P.101/2004. Lodged: 25th May 2004.

Environment and Public Services Committee.

Jersey Airport, St.  Peter: Alpha Taxiway transfer of administration. P.102/2004. Lodged: 25th May 2004.

Harbours and Airport Committee.

Shadow Scrutiny: appointment of member. P.104/2004. Lodged: 25th May 2004.

Privileges and Procedures Committee.

Draft Banking Business (Amendment No.  4) (Jersey) Law 200-. P.110/2004. Lodged: 8th June 2004.

Economic Development Committee.

Draft Financial Services (Amendment No.  2) (Jersey) Law 200-. P.111/2004. Lodged: 8th June 2004.

Economic Development Committee.

  1. PRESENTATION OF PETITIONS
  2. QUESTIONS

The following questions, having been submitted with appropriate notice before the adoption of the new trial procedures relating to the submission of questions, have been  allowed  in  accordance  with  Standing  Order  12  relating  to  the  Notice  of Questions, and will be answered in accordance with the previous procedure

Deputy G.C.L. Baudains of St. Clement will ask a question of the President of the Policy and Resources Committee regarding the Les Pas settlement.

The Deputy of St. John will ask questions of the President of the Finance and Economics Committee regarding costs relating to the Bus Service Tendering Process: Committee of Inquiry.

  1. Written questions
  2. Oral Questions
  1. MATTERS OF PRIVILEGE
  2. PERSONAL STATEMENTS
  3. COMMITTEE STATEMENTS
  4. PUBLIC BUSINESS

Draft Waste Management (Jersey) Law 200-. P.88/2004. Lodged: 11th May 2004.

Environment and Public Services Committee.

Draft Waste Management (Jersey) Law 200- (P.88/2004): comments. P.88/2004. Presented: 8th June 2004. Com. Finance and Economics Committee.

Draft  Community  Provisions  (Ship  and  Port  Facility – Security) P.90/2004. (Jersey) Regulations 200-.

Lodged: 18th May 2004.

Harbours and Airport Committee.

Elizabeth Harbour Phase  I Warehouse: lease to Commodore Express P.54/2004. (Jersey) Limited.

Lodged: 6th April 2004.

Harbours and Airport Committee.

Draft Public Employees (Contributory Retirement Scheme) (Existing P.60/2004. Members) (Amendment No.  7) (Jersey) Regulations 200-.

Lodged: 20th April 2004.

Policy and Resources Committee.

Draft Public Employees (Contributory Retirement Scheme) (Existing P.60/2004. Members) (Amendment No.  7) (Jersey) Regulations 200- (P.60/2004): Com. comments.

Presented: 1st June 2004.

Finance and Economics Committee.

Draft  Public  Employees  (Contributory  Retirement  Scheme)  (New P.61/2004. Members) (Amendment No. 9) (Jersey) Regulations 200-.

Lodged: 20th April 2004.

Policy and Resources Committee.

Draft Public Employees (Contributory Retirement Scheme) (New P.61/2004. Members) (Amendment No. 9) (Jersey) Regulations 200- (P.61/2004): Com. comments.

Presented: 1st June 2004.

Finance and Economics Committee.

Code of Practice on Public Access to Official Information: measures to P.80/2004. improve implementation.

Lodged: 27th April 2004.

Privileges and Procedures Committee.

Code of Practice on Public Access to Official Information: measures to P.80/2004. improve implementation (P.80/2004) comments. Com. Presented: 25th May 2004.

Policy and Resources Committee.

Code of Practice on Public Access to Official Information: measures to P.80/2004. improve implementation (P.80/2004) comments. Com.(2) Presented: 1st June 2004.

Finance and Economics Committee.

D'Hautrée Gardens, St.  Saviour's Hill, St.  Saviour proposed deed of P.84/2004. arrangement.

Lodged: 11th May 2004.

Education, Sport and Culture Committee.

D'Hautrée Gardens, St.  Saviour's Hill, St.  Saviour: proposed deed of P.84/2004. arrangement (P.84/2004)comments. Com. Presented: 25th May 2004.

Environment and Public Services Committee.

Draft  Privileges  and  Immunities  (Diplomatic,  Consular,  etc.) P.86/2004. (Amendment) (Jersey) Law 200-.

Lodged: 11th May 2004.

Legislation Committee.

Jersey Community Relations Trust: appointment of Chairman and a P.87/2004. Trustee.

Lodged: 11th May 2004.

Policy and Resources Committee.

Jersey Community Relations Trust: appointment of Chairman and a P.87/2004. Trustee (P.87/2004) - amendment. Amd. Senator E.P. Vibert .

Attached.

Draft  Honorary  Police  (Parochial  Domicile)  (Amendment)  (Jersey) P.89/2004. Law

200-.

Lodged: 11th May 2004.

Legislation Committee.

Jersey Heritage Trust: appointment of Chairman. P.94/2004. Lodged: 18th May 2004.

Education, Sport and Culture Committee.

Jersey Consumer Council: appointment of Chairman. P.96/2004. Lodged: 18th May 2004.

Economic Development Committee.

Draft Jersey Legal Information Board (Incorporation) Law 200-. P.98/2004. Lodged: 18th May 2004.

Finance and Economics Committee.

Bus Service Tendering Process: Committee of Inquiry - terms of P.99/2004. reference and membership.

Lodged: 25th May 2004.

Policy and Resources Committee.

Bus Service Tendering Process: Committee of Inquiry – terms of P.99/2004. reference and membership (P.99/2004) comments. Com. Presented: 1st June 2004.

Finance and Economics Committee.

M.N. DE LA HAYE Greffier of the States

3rd June 2004

Explanatory Note regarding subordinate legislation tabled at this meeting.

R&O 52/2004

This Order authorizes the Jersey Revels Board to use a site at Gorey (consisting of the Pier, Gorey Coast Road and Le Mont de Gouray) between 24th and 28th June  2004 for the holding of a public entertainment in celebration of Jersey's 800 years of allegiance to the English Crown.

The entertainment will be called the Jersey Revels.

During the period, the board may close the site to traffic (except persons requiring access to premises), and restrict parking. The board may also restrict the direction in which traffic may proceed along Gorey Coast Road, Beach Road, Le Mont de Gouray and La Route de la Côte. It may also prohibit or restrict parking on sections of Le Mont de Gouray and La Route de la Côte.

Between  18th and 28th June, the board will be permitted to put up a scaffold arch on the site. It may also charge a fee for admission to the entertainment.

The Order was made by the Environment and Public Services Committee on 3rd June 2004, after consultation with the Connétable s of Saint Martin and Grouville and the Harbours and Airport Committee.

R & O 53/2004

Article 1 indicates the Order ("the principal Order") that is being amended by this Order.

Article 2 amends Article 3 of the principal Order to enable pedal cycles to travel in either direction down certain "one-way" roads that are specified in the new Part III of the First Schedule.

Article 3 amends Article 7 of the principal Order to enable pedal cycles to travel at any time over roads to which entry at certain times is restricted to vehicles specified in the Article.

Article 4 amends the First Schedule to add a new one-way road and to specify the one-way roads on which pedal cycles will be able to travel in either direction.

Article 5 amends the Fourth Schedule of the principal Order in respect of waiting on either side of parts of Don Street, La Pouquelaye and Patriotic Street.

Article 6 amends the Sixth Schedule of the principal Order, which relates to restricting vehicular traffic on pedestrian roads, in respect of Peirson Place and Royal Square, and to enable pedal cycles to travel down certain streets to which cabs have access.

Article 7 amends the Eighth Schedule of the principal Order, which relates to parking places.

Article 8 amends the Ninth Schedule of the principal Order, which relates to parking places reserved for permit holders.

Article 9 amends the Tenth Schedule of the principal Order, which relates to the parking of vehicles on roads for loading and unloading.

Article 10 amends the Eleventh Schedule of the principal Order, which relates to the parking of motor cycles and mopeds.

Article 11 is the citation and commencement Article.

The Order was made on 3rd June 2004 and comes into force on 23rd June 2004.

R & O 54/2004

Article 1 amends Schedule 1 of the Road Traffic (Disabled Persons) (Parking) (Amendment No. 2) (Jersey Order 2002 to enable the provision of a parking space in Caledonia Place for disabled persons and to change the part of Don Road on which a parking place is provided.

Article 2 is the citation and commencement Article.

The Order was made on 3rd June 2004 and comes into force 7 days after it was made.

QUESTION PAPER (See Item G)

Deputy G.C.L. Baudains of St. Clement will ask the following question of the President of the Policy and Resources Committee -

" W ith reference to the claim by Les Pas Holdings Limited, will the President inform members

( a) a t what stage, if any, did the Les Pas claim include La Collette power station land and was this

accepted as valid during any stage of the negotiations? and,

(b ) w hether the Committee is intending to make a claim for compensation against the legal firm which

represented the States in the legal action brought by Les Pas Holdings Limited?"

The   Deputy  of  St.  John  will  ask  the  following  questions  of  the  President  of  the  Finance  and  Economics Committee -

" 1 . The Policy and Resources Committee has stated in P.99/2004 that it believes that the President of the proposed Committee of Inquiry on the Bus Tendering Process should be paid at the same rate as a Royal Court Commissioner, i.e. at £686 a day.

A s t h e States of Jersey Law states that the Finance and Economics Committee may direct to what extent

a person appointed to a Committee of Inquiry may be remunerated would the President advise members how the other members of the Committee of Inquiry are to be remunerated as the proposition states that they will be paid at a rate to be agreed'.

2 .  I f the Committee of Inquiry concludes that there were failings on the part of the States members who

agreed that Connex should become the bus operator will the Committee consider seeking to recover the cost of the Committee of Inquiry from those members rather than meeting the cost from general revenues?"

JERSEY COMMUNITY RELATIONS TRUST (P.87/2004): AMENDMENT

____________

Substitute for sub paragraph (b) the following sub paragraph -

"(b) following a ballot, as a Trustee of the Jersey Community Relations Trust, either

( i)  Senator Philip Francis Cyril Ozouf ; or

( ii ) Deputy Geoffrey Peter Southern of St. Helier ."

SENATOR E.P. VIBERT

Report

Deputy G.P. Southern has a long record of work within the trade union movement of promoting issues concerning human rights, women's rights, the rights of all minorities and equality issues. Since becoming a member of the States he has shown his commitment for these issues and has championed the need for these rights to be enshrined by legislation on the basis that Government should lead the way on all of these matters and set the standards required. This work and long-held philosophy makes him an ideal person to be a Trustee of the Jersey Community Relations Trust.

There are no financial or manpower consequences arising from this amendment.