Order Paper 28th March 2006

STATES OF JERSEY ORDER PAPER

Tuesday 28th March 2006

1. COMMUNICATIONS BYTHE PRESIDING OFFICER
2. TABLING OF SUBORDINATE ENACTMENTS

(Explanatory note attached)

Road Traffic (St.  Martin) (Amendment No.  8) (Jersey) Order 2006. R&O 25/2005. Minister for Transport and Technical Services.

Diseases of Animals (Avian Influenza) (Amendment) (Jersey) Order R&O 26/2006. 2006.

Minister for Planning and Environment.

Evidence (Television and Video Recordings) Rules 2006. R&O 27/2006. Superior Number of the Royal Court.

Royal Court (Amendment No.  2) Rules 2006. R&O 28/2006. Superior Number of the Royal Court.

Advocates (Specified Examinations and Assessments) Rules 2006. R&O 29/2006. Superior Number of the Royal Court.

Advocates and Solicitors (Qualifying Examination) (Amendment R&O 30/2006. No.  2) Rules 2006.

Superior Number of the Royal Court.

3. DOCUMENTS PRESENTED OR LAID

Public Employees Contributory Retirement Scheme: Actuary's R.25/2006. Valuation Report at 31st December 2004.

Presented: 21st March 2006.

Chief Minister.

States of Jersey Law 2005: delegation of functions – States R.26/2006. Employment Board.

Presented: 21st March 2006.

Chief Minister.

States of Jersey Law 2005: delegation of functions – passing of R.27/2006. contracts for land transactions.

Presented: 22nd March 2006.

Minister for Treasury and Resources.

Employment legislation: petition (P.214/2005) – comments – P.214/2005. addendum. Com.Add. Presented: 21st March 2006.

Minister for Social Security.

4. NOTIFICATION OF LODGED PROPOSITIONS

Draft States of Jersey (Powers, Privileges and Immunities) (Scrutiny P.15/2006. Panels, PAC and PPC) (Jersey) Regulations 200- (P.15/2006): Amd. amendment.

Lodged: 21st March 2006.

Privileges and Procedures Committee.

Legislation Advisory Panel: appointment of members. P.32/2006. Lodged: 17th March 2006.

Chief Minister.

Higher Education top-up' fees: payment by the States. P.33/2006. Lodged: 21st March 2006.

Senator B.E. Shenton.

5. WITHDRAWAL OF LODGED PROPOSITIONS
6. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
7. MATTERS OF PRIVILEGE
8. PETITIONS
9. QUESTIONS

1. – Written Questions (attached)

The Minister for Health and Social Services will table an answer to a question asked by Deputy  R.G.  Le  Hérissier  of  St.  Saviour  regarding  procedures  for  the  independent investigation of complaints.

The Minister for Education, Sport and Culture will table an answer to a question asked by the Connétable of St. Helier regarding the inclusion of a nursery unit in the redevelopment of St. Peter's Primary School and the allocation of free spaces in States day-nurseries.

The Chief Minister will table an answer to a question asked by the Connétable of St. Helier regarding the communication of decisions by the Council of Ministers and Ministers to States members.

The Minister for Education, Sport and Culture will table an answer to a question asked by Deputy  R.G.  Le  Hérissier  of  St.  Saviour  regarding  places  for  higher  education  in geographical areas outside the U.K., and student loans.

The Chairman of the Privileges and Procedures Committee will table an answer to a question asked  by   Deputy  R.G.  Le  Hérissier  of  St.  Saviour  regarding  the  proposed  Freedom  of Information Law.

The Minister for Home Affairs will table answers to questions asked by Deputy R.G. Le Hérissier of St. Saviour regarding the budget for H.M. Prison, La Moye, the purchase of a recent police speed car, and the implementation of the 2001 HMI Report of H.M. Prison, La Moye.

The Chief Minister will table an answer to a question asked by Deputy R.G. Le Hérissier of St.  Saviour  regarding  coming  into  force  of  the  Law  Society  of  Jersey  Law  and  anti discrimination legislation.

The Minister for Home Affairs will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding matters relating to firearms.

The Minister for Treasury and Resources will table an answer to a question asked by Senator B.E. Shenton regarding application of FRS17 in actuarial reports on public sector pension schemes.

The Minister for Treasury and Resources will table answers to questions asked by Deputy G.P. Southern of St. Helier regarding matters relating to tax reforms, the impact of GST on fee paying schools and his position as a governor of one such school.

The Chief Minister will table answers to questions asked by Deputy G.P. Southern of St. Helier regarding community involvement initiatives and matters relating to the draft Strategic Plan 2006-2011.

The Minister for Social Security will table answers to questions asked by Deputy G.P. Southern of St. Helier regarding matters relating to the draft Strategic Plan 2006-2011, the calculation of gross and net replacement rates for Jersey as related to pensions, income levels relating to the loss of HIE, the updating of the income distribution survey, and the refurbishment of Oakfield Industries.

The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding estimated rent rebate in respect of the Le Coie development and the total cost of the development to the public.

2. – Oral Questions

Deputy J.A. Martin of St. Helier will ask the following question of the Chief Minister –

"On Page 4 of the draft Strategic Plan 2006-2011, it states that a balance has been made between delivering better services while maintaining a sustainable level of spending, and that the Plan is both achievable and affordable'. Have any financial studies or business plans been undertaken in support of this statement and, if so, will the Minister guarantee to provide copies to all States members ahead of the States debate?"

Deputy A. Breckon of St. Saviour will ask the following question of the Minister for Social Security –

"In the light of evidence produced from cost of living comparisons between the U.K. and Jersey, is the Minister satisfied that the rate at which the minimum wage has been set is adequate?"

The Connétable of St. Helier will ask the following question of the Minister for Education, Sport and Culture –

"Would the Minister account for the delay in fulfilling the pledge contained in the draft proposals for early years education, Investing in Our Future', that, following the consultation period, which ended on 30th September 2005, all the responses received would be used to assist in the formation of more detailed options for the future which were to be published later in 2005?"

Deputy A. Breckon of St. Saviour will ask the following question of the Minister for Economic Development –

"Would the Minister inform members of the total cost of his part in the recent visit to the Middle East and explain the reasons why he considered it appropriate to attend?

Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Treasury and Resources –

"Will the Minister inform members what progress, if any, he has made towards finalizing the package of tax measures that constitute the fiscal strategy and, if not, when progress will be made?"

Deputy J.A. Martin of St. Helier will ask the following question of the Chairman, Comité des Connétable s –

"In view of the recent attention surrounding the possession of firearms under the Firearms (Jersey) Law 2000, would the Chairman advise whether the Connétable s will voluntarily cease issuing licences under the Law until a full review of its provisions has been undertaken and, if not, the reasons why?"

Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the Minister for Education, Sport and Culture –

"Would the Minister outline the policy options that were considered in relation to the extra monies required to meet the cost of "top-up" fees for higher education and why was the eventual decision not announced earlier?"

Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Economic Development –

"Will the Minister inform members what further consideration has been given, if any, to the potential impact of the revised fulfilment policy on the industry and, particularly, on the revenues of Jersey Post?

Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the Minister for Health and Social Services –

"What  decisions,  if  any,  has  the  Minister  made  regarding  the  future  provision  of cardiology services?"

Deputy S.C. Ferguson of St. Brelade will ask the following question of the Minister for Home Affairs –

"When did the Minister learn of the press interview by the Deputy Chief Officer of Police concerning firearms and would she explain the reasons, if any, why States members were not notified in advance?"

Deputy G.C.L. Baudains of St. Clement will ask the following question of the Minister for Home Affairs –

"Was the Minister consulted by the States of Jersey Police regarding its contribution to recent articles concerning machine guns and, if not, what action, if any, will she be taking to review procedures in this respect?"

Senator S. Syvret will ask the following question of the Minister for Home Affairs –

"Is the Minister satisfied with the provisions of the Firearms (Jersey) Law 200-, which appear to allow a licence to be issued to an individual, enabling him/her to build up an arsenal of multiple weapons, even though that individual has criminal convictions for firearms and drugs offences?"

Senator S. Syvret will ask the following question of the Chairman, Comité des Connétable s –

"Is the Chairman satisfied that all Parish Connétable s are correctly discharging their duties under the Firearms (Jersey) Law 2000, and, if not, would he explain whether there are any deficiencies in the application of the Law that he is aware of and to which Parishes this applies, if any, and whether any difficulties exist for the Parishes in issuing firearms licences?"

Deputy G.C.L. Baudains of St. Clement will ask the following question of the Minister for Home Affairs –

"Would  the  Minister  inform  members  whether  automatic  weapons,  such  as  M2 Brownings, are defined as "prohibited weapons" in accordance with Article 33 (1) of the  Firearms  (Jersey)  Law  2000,  requiring  the  Minister's  authority,  following consultation with the Connétable , before such a firearm can be purchased or transferred and, if so, on how many occasions, if any, has such permission been granted in the last three years?"

Senator B.E. Shenton will ask the following question of the Chief Minister –

"Following  the  HMI  report  on  H.M.  Prison,  La  Moye,  would  the  Chief  Minister confirm whether he retains full confidence in the Minister for Home Affairs whom he nominated for this position in December 2005?"

3. – Questions to Ministerswithout notice (30 minutes) -

1st question period – Minister for Home Affairs.

2nd question period – Minister for Treasury and Resources.

10. PERSONAL STATEMENTS
11. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
12. PUBLIC BUSINESS

Draft Postal Services (Transfer) (Jersey) Regulations 200-. P.9/2006. Lodged: 31st January 2006.

Minister for Treasury and Resources.

Draft Postal Services (Transfer) (Jersey) Regulations 200- (P.9/2006): P.9/2006. amendment. Amd. Lodged: 28th February 2006.

Minister for Treasury and Resources.

Draft Postal Services (Transfer) (Jersey) Regulations 200- (P.9/2006): P.9/2006. Amd. second amendment. (2) Lodged: 14th March 2006.

Minister for Treasury and Resources.

Draft Postal Services (Jersey) Law 2004 (Appointed Day) (No.  2) Act P.8/2006. 200-.

Lodged: 31st January 2006.

Minister for Economic Development.

Exclusivity of postal services within Jersey: termination of Agreement P.13/2006. between the States of Jersey and the United Kingdom.

Lodged: 14th February 2006.

Minister for Economic Development.

Draft Water Pollution (Amendment No.  2) (Jersey) Law 200-. P.11/2006. Lodged: 2nd February 2006.

Minister for Planning and Environment.

Sea Transport: revised policy. P.24/2006. Lodged: 28th February 2006.

Deputy J.B. Fox of St. Helier.

Waterfront Enterprise Board Limited: appointment of directors. P.30/2006. Lodged: 14th March 2006.

Chief Minister.

Composting facilities at La Collette II: approval by States Assembly. P.31/2006. Lodged: 14th March 2006.

Connétable of St. Helier.

13. ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS

4th April 2006

Employment legislation: petition. P.214/2005. Lodged: 4th October 2005.

Deputy G.P. Southern of St. Helier.

Employment legislation: petition (P.214/2005) – comments. P.214/2005. Presented: 11th January 2006. Com. Minister for Social Security.

Employment legislation: petition (P.214/2005) – comments – addendum. P.214/2005. Presented: 21st March 2006. Com.Add. Minister for Social Security.

Draft States of Jersey (Powers, Privileges and Immunities) (Scrutiny P.15/2006. panels, PAC and PPC) (Jersey) Regulations 200-.

Lodged: 21st February 2006.

Privileges and Procedures Committee.

Draft States of Jersey (Powers, Privileges and Immunities) (Scrutiny P.15/2006. Amd. Panels, PAC and PPC) (Jersey) Regulations 200- (P.15/2006):

amendment.

Lodged: 21st March 2006.

Privileges and Procedures Committee.

Legislation Advisory Panel: appointment of members. P.32/2006. Lodged: 17th March 2006.

Chief Minister.

Higher Education top-up' fees: payment by the States. P.33/2006. Lodged: 21st March 2006.

Senator B.E. Shenton.

25th April 2006

Draft Sexual Offences (Jersey) Law 200-. P.196/2005. Lodged: 13th September 2005.

Minister for Home Affairs, (formerly the Home Affairs Committee).

(debate suspended on 18.01.06 and remained such on 31.01.06 as item

referred to Scrutiny under S.O. 79(i)).

Draft Employment Relations (Amendment) (Jersey) Law 200-. P.5/2006. Lodged: 30th January 2006.

Deputy G.P. Southern of St. Helier.

Draft Employment Relations (Amendment) (Jersey) Law 200- P.5/2006. Com. (P.5/2006): comments.

Presented: 8th February 2006.

Minister for Social Security.

Political activities by States employees. P.17/2006. Lodged: 24th February 2006.

Council of Ministers.

Draft Housing (General Provisions) (Amendment No.  23) (Jersey) P.19/2006. Regulations 200-.

Lodged: 28th February 2006.

Minister for Housing.

Bailiff 's Consultative Panel. P.20/2006. Lodged: 28th February 2006.

Privileges and Procedures Committee.

Bailiff 's Consultative Panel (P.20/2006): amendment. P.20/2006. Amd. Lodged: 3rd March 2006.

Connétable of St. Helier.

Bailiff 's Consultative Panel (P.20/2006): amendment P.20/2006. (P.20/2006  Amd.) – comments. Amd.Com. Presented: 10th March 2006.

Privileges and Procedures Committee.

Draft Restriction on Smoking (Vending Machines) (Jersey) Regulations P.21/2006. 200-.

Lodged: 28th February 2006.

Minister for Health and Social Services.

Draft Restriction on Smoking (Public Transport) (Amendment) (Jersey) P.22/2006. Regulations 200-.

Lodged: 28th February 2006.

Minister for Health and Social Services.

Draft Restriction on Smoking (Sales of Cigarettes to Children) P.23/2006. (Amendment No.  2) (Jersey) Regulations 200-.

Lodged: 28th February 2006.

Minister for Health and Social Services.

Draft Restriction on Smoking (Amendment) (Jersey) Law 2006 (Appointed P.28/2006. Day Act) 200-.

Lodged: 14th March 2006.

Minister for Health and Social Services.

Draft Housing (General Provisions) (Amendment No.  24) (Jersey) P.25/2006. Regulations 200-.

Lodged: 14th March 2006.

Minister for Housing.

Draft States of Jersey (Transfer of Functions No.  1) (Home Affairs to P.26/2006. Transport and Technical Services) (Jersey) Regulations 200-.

Lodged: 14th March 2006.

Chief Minister.

Draft Amendment (No.  4) of the Standing Orders of the States of Jersey. P.27/2006. Lodged: 14th March 2006.

Privileges and Procedures Committee.

Draft Trusts (Amendment No.  4) (Jersey) Law 200-. P.29/2006. Lodged: 14th March 2006.

Minister for Economic Development.

16th May 2006

Milk Subsidy for Delivery to Special Classes. P.145/2005. Lodged: 5th July 2005.

Deputy  G.P.   Southern  of  St.  Helier, and  referred  to  the  Ministers  for

Economic  Development  and  Social  Security,  (formerly  the  Economic

Development and the Employment and Social Security Committees).

Draft Taxation (United States of America) (Jersey) Regulations 200-. P.264/2005. Lodged: 8th November 2005.

Chief Minister, (formerly the Policy and Resources Committee).

Draft Employment (Amendment No. 2) (Jersey) Law 200-. P.270/2005. Lodged: 15th November 2005.

Deputy G.P. Southern of St. Helier.

Draft Employment (Amendment No. 2) (Jersey) Law 200- (P.270/2005): P.270/2005. Com. comments.

Presented: 17th January 2006.

Minister for Social Security.

23rd May 2006

Composting facilities. P.258/2005. Lodged: 1st November 2005.

Deputy P.V.F. Le Claire of St. Helier , (formerly in the name of Senator

P.V.F. Le Claire), and referred to the Ministers for Health and Social

Services,  Planning  and  Environment,  and  Transport  and  Technical

Services, (formerly the Health and Social Services and the Environment

and Public Services Committees).

Composting facilities (P.258/2005): comments. P.258/2005. Com. Presented: 19th December 2005.

Comité des Connétable s.

Composting facilities (P.258/2005): comments. P.258/2005. Com. Presented: 9th March 2006. (2) Minister for Health and Social Services.

Composting facilities (P.258/2005): comments. P.258/2005. Com. Presented: 9th March 2006. (3) Minister for Transport and Technical Services.

6th June 2006

Senators and Deputies: terms of office. P.227/2004. Lodged: 14th December 2004.

Deputy A. Breckon of St. Saviour .

(debate  commenced  and  States  adopted  move  to  next  item  of  public

business on 1st Feb 2005)

Senators and Deputies: terms of office (P.227/2004) – comments. P.227/2004. Com. Presented: 18th January 2005.

Presented  by  the  Minister  for  Treasury  and  Resources,  (formerly  the

Finance and Economics Committee).

Draft Water Resources (Jersey) Law 200-. P.206/2005. Lodged: 27th September 2005.

Minister for Planning and Environment, (formerly the Environment and

Public Services Committee).

Draft Water Resources (Jersey) Law 200- (P.206/2005): comments. P.206/2005. Com. Presented: 1st November 2005.

Minister for Economic Development, (formerly the Economic Development

Committee).

Draft Water Resources (Jersey) Law 200- (P.206/2005): amendment. P.206/2005. Amd. Lodged: 25th October 2005.

Deputy R.C. Duhamel of St. Saviour.

Draft  Water  Resources  (Jersey)  Law  200- (P.206/2005):  amendments P.206/2005. (P.206/2005  Amd.) – comments. Amd.Com. Presented: 22nd November 2005.

Minister for Planning and Environment, (formerly the Environment and

Public Services Committee).

Draft Water Resources (Jersey) Law 200- (P.206/2005): second P.206/2005. Amd. amendments. (2) Lodged: 1st November 2005.

Deputy P.N. Troy of St. Brelade.

Draft Water Resources (Jersey) Law 200- (P.206/2005): second P.206/2005. Amd. amendments (P.206/2005 Amd.(2)) – comments. (2) Com. Presented: 29th November 2005.

Minister for Planning and Environment, (formerly the Environment and

Public Services Committee).

20th June 2006 4th July 2006 18th July 2006

M.N. DE LA HAYE Greffier of the States

23rd March 2006 Note –

In accordance with a decision of the States on 25th October 2005, this meeting will continue, if necessary, on Wednesday 29th and Thursday 30th March 2006.

Explanatory Note regarding subordinate legislation tabled at this meeting.

(See Item B)

R&O 25/2006

The object of this Order is to prohibit parking for extended periods in 3 sections of road in St Martin (Articles 2 and 6), to specify 2 sections of road in that parish where wide vehicles are not to park (Articles 3 and 5), and to revise 2 existing prohibitions on parking (Article 4).

The Order was made on 15th March 2006, and comes into force on 22nd March 2006.

R&O 26/2006

Article  1 is an interpretation provision.

Article 2 inserts a definition of "import" that excludes from the meaning of that word racing pigeons returning to Jersey after being taken overseas and released. Because Article 5 and 6 of this Order introduce a requirement that the export of racing pigeons (other than for breeding or sale purposes) be licensed, it is appropriate to clarify, via this definition, that only one licence – for export – will be needed, and that provisions relating to import (with which free-flying pigeons can't comply) will not apply to them.

Article  3 amends the Part heading to reflect new Articles  5 and 6.

Article  4amends Article 3 of the principal Order to ensure that poultry carcases may only be imported from outside the EEC without a licence if they are imported from a country or territory outside the EEC that has not had a reported case of avian influenza in the 12 month period before the import. This adds to the current requirements that the carcases be cooked, or eviscerated and prepared for human consumption, before import.

Articles 5 and 6 of this Order introduce a requirement that the export of racing pigeons, other than for the purposes of sale or breeding, be licensed. This is to ensure that such birds do not introduce avian influenza by flying back to Jersey with the virus.

Article  7 ensures that Article 11 of the principal Order, which enables a notice to be served on an occupier of premises requiring the occupier not to permit movement of poultry, or requiring the poultry to be isolated from other poultry, does not apply in relation to wild birds (over which the occupier will have no control).

Article  8ensures that poultry, litter and fodder may all be subject, via a notice served on the occupier of premises, to a requirement that they be kept indoors or in such a way that they cannot come into contact with wild birds or their droppings. The requirement does not apply in relation to wild birds (over which the occupier will have no control).

Article  9 inserts a new Article  20A, which establishes a requirement that a person importing or using a vaccine that may be used to vaccinate poultry against avian influenza shall only do so under a licence. This is to enable the enforcement of a policy decision that vaccination against bird flu shall not be required or permitted.

That Article also inserts a new Article  20B, which enables the Minister to require persons possessing poultry to provide information to the Minister (e.g. for the purpose of establishing a register of ownership of outdoor birds).

The Article also inserts a new Article  20C, which permits vehicles carrying poultry (including poultry that has just entered Jersey) to be taken to a place and inspected at that place. While there, poultry may be slaughtered under the power of the Minister to slaughter set out in Article  24 of the Law.

Article  10gives the citation of the Order and specifies that the Order shall come into effect 7  days after it is made. The Order was made on 20th March 2006, and came into force on 27th March 2006.

R&O 27/2006

The Criminal Justice (Evidence of Children) (Jersey) Law 2002 was brought into force on 1st August 2005. This Law replaced the Criminal Justice (Evidence and Procedure) (Jersey) Law 1997 and, in so doing, took account of the reforms effected by the Children (Jersey) Law 2002 (which were brought into force at the same time).

With the repeal of the Criminal Justice (Evidence and Procedure) (Jersey) Law 1997, the Evidence (Television and Video Recordings) Rules 1997 ceased to have effect. Unfortunately, this was overlooked when the Criminal Justice (Evidence of Children) (Jersey) Law 2002 was brought into force on 1st August 2005 along with the Children (Jersey) Law 2002. Thankfully, this has not been fatal to any existing procedures as the absence of fresh Rules of Court does not defeat the Law – which still enables applications to be made, and the Court to hear,

evidence through a television link or from a video recording.

The Evidence (Television and Video Recordings) Rules 2006 would do no more than re-enact the Evidence (Television and Video Recordings) Rules 1997.

The Rules consist of five Rules and two Schedules.

Rule 1 defines "Greffier", "Judge", "Law" and "relevant date" for the purposes of the Rules.

Rule 2 makes provision for applications under Article 2(1) of the Law for leave for evidence to be given through a live television link.

Such an application is to be made in the form prescribed in Schedule 1 or a form to the like effect.

Rule 3 makes provision as to applications under Article 3 of the Law for leave to tender in evidence a video recording of testimony from a witness.

Such an application must be made by notice in the form set out in Schedule 2 or a form to the like effect.

Rule 4 provides for several matters of procedure (including time limits within which certain actions are required to be taken).

The Judge is empowered, on a written application being made, to extend the period within which applications may be made and notices given under the Rules.

Rule 5 is the usual citation provision and provides for the Rules to come into force 7 days after they are made. The Rules were made on 23rd March 2006, and come into force on 30th March 2006.

R&O 28/2006

These Rules would amend further the Royal Court Rules 2004 ("the principal Rules").

The amendment relates to  the use of English in contracts and other deeds passed before the Royal Court. The Rules would provide for certain matters to be determined by practice directions. The Bailiff has by custom issued practice directions for many years; but, because the Rules would in this instance make specific mention of practice directions, they go on to make express provision empowering the Bailiff to issue directions in exercise of the inherent jurisdiction of the Royal Court to regulate its own process.

The draft consists of 5 Rules.

Rule 1 would merely define the principal Rules.

Rule 2 would insert a short definition of "practice directions".

Rule 3 would amend Rule 20/9 of the principal Rules so as to require all contracts passed before the Royal Court to be in English, but in the form that was customary when contracts were drafted in French (see the inserted Rule 20/9(2)). The term contracts' includes hypothecs and rentes.

Practice directions would make provision as to the mechanics of conveyancing in English (see the inserted Rule 20/9(4) and (5)).

Specific provision would also be made requiring any application referred to in Rule  17/3(1)(a), (f), (j) or (k) of the principal Rules to be in English. The relevant applications are –

1. ap plications forthe registration of wills ofimmovables;
2. a pplications for the registration of notices served underthe Electricity Law,the Drainage Laws, the Planning Laws and the WaterLaw;
3. a pplicationsforthe registration of co-ownershipdeclarationsunder the Flying Freeholds' Law.

Rule 4 would insert a new Rule 20/11 to make provision (referred to at the beginning of this note) under which the Bailiff would be able to issue practice directions in exercise of the inherent jurisdiction of the Royal Court to regulate its own process.

Rule 5(1) is the usual citation provision.

Rule 5(2) to (4) would make the following commencement provisions:

The provisions specifically empowering the Bailiff to make practice directions (Rules 1, 2 and 4) would come into force 7 days after the Rules were made.

The main provision relating to contracts in English (Rule 3) would come into force on 1st June 2006.

However, Rule 5(4) would make a transitional provision under which until 31st October, 2006 contracts would be able to be passed before the Royal Court in English or in French, so that it would not be mandatory until 1st November 2006 for contracts passed before the Royal Court to be in English.

The Rules were made on 23rd March 2006, and come into force in accordance with Rule  5. R&O 29/2006

Article  3 of the Advocates and Solicitors (Jersey) Law 1997 makes certain requirements for admission to the Jersey Bar amongst which is the requirement to have passed either –

1. th e examinationsandassessments included in any course validated by the BarCouncilforcall to the Bar ofEngland and Wales byany one ofthe Inns ofCourtinEngland;or
2. th e examinationsandassessmentsincluded in anycourse validated bytheLaw Society of England and Wales for admissionas a Solicitor of the Supreme Court of EnglandandWales.

The Superior Number of the Royal Court is empowered under Article 3(2)(a)(i) of the 1997 Law to specify other examinations and assessments as an alternative to the examinations and assessments referred to in (i) and (ii) above.

The draft Rules would specify –

1. t heexaminations and assessmentsincluded in any course validated bythe Faculty ofAdvocates in Scotland foradmission as a memberofthe Faculty ofAdvocatesinScotland; and
2. t heexaminationsandassessmentsincludedinanycourse accredited bytheLawSocietyof Scotland for admissiontotheRollof Solicitors in Scotland,

as alternative examinations and assessments for the purposes of Article 3(2) of the 1997 Law. Also specified would be the examinations and assessments leading to the award of a Certificate of Professional Legal Studies by the Institute of Professional Legal Studies of the Queen's University of Belfast or the equivalent for the time being recognized by –

1. th e ExecutiveCounciloftheHonourable Society of the Inn of Court of Northern Ireland; or
2. th e Law Society ofNorthernIreland.

The Rules were made on 23rd March 2006, and come into force on 30th March 2006.

R&O 30/2006

Rule 1  of  the  Advocates  and  Solicitors  (Qualifying  Examinations)  Rules  1997  sets  out  certain  educational requirements for persons who wish to sit the qualifying examination to become an advocate or a solicitor of the Royal Court.

Such a person must have either a legal qualification or the general qualification. A person has a legal qualification if that person has –

1. a law degreeof a British University orof such other university or institution as the Board approves whichconforms to the requirementsin Rule 2;
2. passed the examinations and assessments included in any course validated by the Common Professional Examination Board in England and Wales;
3. p assed the examinations and assessmentsincludedinanycoursevalidatedbytheLaw Society of England and Wales for admissionas a solicitor of the SupremeCourtofEnglandandWalesor the examinations formerly set by theLaw Society ofEngland and Wales for that purpose; or
4. p assed the examinations and assessmentsincludedin any course validated by the BarCouncilforcall to the BarofEnglandand Wales by any oneof the InnsofCourtinEnglandor the examinations formerly setby the Council of Legal Education for that purpose.

The attached draft Rules would include the examinations and assessments included in any course –

1. ac credited by the Law Society of Scotland foradmission to the Roll of Solicitors in Scotland; or
2. v alidated by the Faculty ofAdvocates in Scotland for admissionas a memberof the Faculty of Advocatesin Scotland,

as a legal qualification for the purposes of the 1997 Rules. The Rules would also include as such a legal qualification the examinations and assessments leading to the award of a Certificate of Professional Legal Studies by the Institute of Professional Legal Studies of the Queen's University of Belfast or the equivalent for the time being recognized by –

1. th e Law Society ofNorthernIreland;or
2. th e ExecutiveCounciloftheHonorable Society oftheInnof Court of Northern Ireland.

The Rules were made on 23rd March 2006, and come into force on 30th March 2006.

WRITTEN QUESTIONS (See Item I(a))

The Minister for Health and Social Services will table an answer to the following question asked by Deputy R.G. Le Hérissier of St. Saviour –

" W ill the Minister give the date, if any, upon which procedures for independent investigation of complaints will come into effect?"

The Minister for Education, Sport and Culture will table an answer to the following question asked by the Connétable of St. Helier –

" W ould the Minister confirm whether a nursery unit is being created as part of the planned redevelopment of St. Peter's Primary School and, if so, would he explain the reasons why given his recent admission that the current system of allocating a limited number of free places in States day-nurseries is inequitable?"

The Chief Minister will table an answer to the following question asked by the Connétable of St. Helier –

" W ould the Chief Minister outline his policy, if any, on communicating decisions made by the executive to non-executive members of the States and confirm what measures, if any, have been put in place to ensure that members do not have to hear of the majority of decisions made by the Council of Ministers or by individual ministers through the media?"

The Minister for Education, Sport and Culture will table an answer to the following question asked by Deputy R.G. Le Hérissier of St. Saviour –

" W ould the Minister inform members –

1. in the light of his recent investigations into higher education places in Australasia,whatother countries and areas, if any, are being investigated for similar possibilities? and,
2. given the inability to access the services oftheStudentLoansCompany in the U.K., will the Minister confirm themechanisms the departmentwillbe putting inplace,if any, for Jerseyhigher education students who require studentloans?"

The Chairman of the Privileges and Procedures Committee will table an answer to the following question asked by Deputy R.G. Le Hérissier of St. Saviour –

" W hen does the Committee intend to bring the Freedom of Information Law to the States and does the Committee accept the restriction in paragraph 5.1.4 of the draft Strategic Plan, that the Law will incur no additional cost to the States'"?

The Minister for Home Affairs will table answers to the following questions asked by Deputy R.G. Le Hérissier of St. Saviour –

"1. Would the Minister inform members whether any additional funding was placed in the Prison Budget

for each of the financial years 2000-2005 and, if so, how much and how was it allocated?

"2. Would the Minister inform members from what budget area monies came from for the recent purchase

of a new police speed car?

"3. What specific group, if any, was set up to progress implementation of the 2001 Report of the Prisons

Inspectorate and, if so, are its minutes accessible to members?"

The Chief Minister will table an answer to the following question asked by Deputy R.G. Le Hérissier of St. Saviour –

" W ill the Chief Minister inform members –

( a ) when the Law Society of Jersey Law will be brought into force? and,

( b ) whether anti discrimination legislation will be brought to the States and, if so, when?"

The Minister for Home Affairs will table an answer to the following question asked by Deputy G.C.L. Baudains of St. Clement –

" W ould the Minister advise -

( a ) how many M2 Brownings are currently held in the Island by individuals, and the weight of each of those

guns?

( b ) whether there are any other firearms held in the Island that could bring an aircraft down and, if so, what

are they?

( c ) when the concerns recently reported in the media regarding the licensing of firearms were first raised? ( d ) the date when the matter was raised with her and who briefed her?

( e ) whether she briefed the media and, if not, is she aware who did, and the reasons why States members

were not notified beforehand?

( f )  what research has been undertaken, if any, into the correlation between gun crime and legitimate gun

ownership in Jersey? and,

( g ) what changes, if any, will be made to current firearms legislation and how will this be achieved?"

The Minister for Treasury and Resources will table an answer to the following question asked by Senator B.E. Shenton –

" F ollowing the publication of the actuarial assessment of the Public Employees' Contributory Retirement Scheme, would the Minister confirm whether the assessment was in accordance with Financial Reporting Standard 17 (FRS17), and would the Minister provide members with the most recent actuarial assessments of the Teachers' Superannuation Fund pension as calculated under the same Standard?"

The Minister for Treasury and Resources will table answers to the following questions asked by Deputy G.P. Southern of St. Helier –

" 1 . (a) H a s the Minister considered or consulted the contents of the Price WaterhouseCoopers (PWC) report of 31st January 2006, entitled "Analysis of the responses to the second consultation document on the States of Guernsey future economic and taxation strategy", and, in particular, section 5.4 on the taxation of Guernsey resident shareholders?

(b ) i f so, what consideration, if any, has he given to the evidence presented in the report by PWC that

look-through, or attribution provisions -

• require ..substantial policing and anti-avoidance legislation... an unprecedented level of disclosure by Guernsey taxpayers.. (and) are likely to prompt a major change in the

culture of tax compliance there are significant legal obstacles that could potentially render attribution unworkable and expose the States to judicial challenge. Our understanding (based on discussions with

legal experts) is that an attribution regime is potentially very vulnerable to challenge under both company law and human rights law.

• it is likely that enforcement of the attribution rules would require provisions forcing the company to act as agent for the resident shareholders in certain circumstance. It is

doubtful that such provisions would comply with the (EU) Code of Conduct (on Business Taxation)?

3. W hatlegaladvice, if any, hastheMinisterreceived concerning the vulnerability of "attribution" to legal challenge and non-compliance with the EU Code ofConductonBusiness Taxation and ifhe has not soughtany,thereasonswhy;ifhe has receivedlegaladvice,what did it state?
4. I n the light of the Guernsey decision toabandon attribution for a distribution-only system to recover tax from local shareholders, will he also reconsider and review the proposals for look- through?

2. Will the Minister informmemberswhat progress, ifany, has been madeinreviewing the "20 means20" proposals and whenhe intends to bring fresh proposalstotheAssembly?
3. (a) W hat consideration, if any, is the Minister givingto the protection offered to fee paying schools from theimpactofGSTon school fees and will consideration also begiventohow this compares with medicalbillsand prescription fees?

(b)   W hat conflict exists, if any, for the Minister as a governor of one of the private schools in considering the matter outlined in (a) above?

4 . A ppendix IV of the Price WaterhouseCoopers (PWC) report of 31st January 2006, entitled "Analysis of

the responses to the second consultation document on the States of Guernsey future economic and taxation strategy" shows a table illustrating the schedules of the Isle of Man proposed taxation rates. Will the Minister produce the equivalent table showing his proposals for Jersey corporate tax rates, and where differences occur, will he explain to members the reasons for such differences?

The Chief Minister will table answers to the following questions asked by Deputy G.P. Southern of St. Helier –

" 1 . (a) W ould the Chief Minister inform members what involvement, if any, Scrutiny Officers had in the meeting of 35 senior and front line civil servants to discuss community involvement initiatives in January 2006 referred to under A1. of the Council of Ministers Minutes of 28th February 2006?

(b ) F ollowing the adoption by the States of P.16/2006 (Establishment of a Citizens' Panel: Approval

by States Assembly), will the Chief Minister indicate whether he still intends to establish an "Oversight Panel" or use expert witnesses to survey the opinions of Islanders and, if so, how will the appointments process operate independently and without duplication of the legitimate aims of scrutiny?

2 . W ill the Chief Minister state whether the actions outlined in paragraph 5.2.8 of the draft Strategic Plan

2006-2011, namely "to meet, where possible, international standards set through the extension of international

treaties and conventions" extends to include the International Labour Organisation conventions 87 (on freedom of association and protection of the right to organise) and 98 (on right to organise and to bargain collectively)?

3 . W hat measures does the Chief Minister envisage to correct "the deficiency in the Teachers' Pension

scheme" as noted on page 11 of the draft Strategic Plan 2006-2011?

4 . B ased on the target for 2% economic growth over the 5 year period of the draft strategic Plan 2006-

2011, how much revenue does the Chief Minister estimate being placed in the Stabilisation Fund' proposed on page 11 of the Plan?"

The Minister for Social Security will table answers to the following questions asked by Deputy G.P. Southern of St. Helier –

" 1 . Under commitment 3.6 of the draft Strategic Plan, one of the success indicators is a "Reduction in the number of children/pensioners living in relative low-income households". Will the Minister inform members –

1. w hich ofthe actions outlinedinsections3.6.1 to 3.6.6under the heading "What we will d o " address this target?
2. w hat specific targets will the Minister set andbejudgedon for reducing both childand pensioner poverty from their current levelof33%,and in what timescale?
3. i n thelightof the U.K.government's inability to meet its 1999 target for the reductionofchild poverty byone quarter from 4.1 million to 3.1 million by 2005, what difficulties, if any, have to be overcomeifthe Minister is to besuccessfulinmeeting the targets set?

2 . W ith regard to success indicators under commitment 3.6 of the draft Strategic Plan, namely -

• "Reduction in the proportion of working age residents needing income support during

each stage of the economic cycle

• Increase in proportion of working age residents with long term health problems in paid

employment",

would the Minister inform members –

(a)  w hat the proportions currently are, and which of the actions outlined in sections 3.6.1 to 3 . 6.6 under the heading "What we will do" address the first of these targets?

( b )  w hat specific targets will he set and be judged on, if any, in terms of his own success?

(c ) o f the mechanisms to be used to develop support for working age residents with long term health

problems outlined in 3.6.5 to address the second of the indicators above, along with the additional resources and funding required?

3 .  U nder commitment 3.6 of the draft Strategic Plan, one of the success indicators is:

• "Increase in the employment rates of disadvantaged groups

W o u l d the Minister inform members –

1. w hat disadvantaged groups this refers to?
2. w hat employment rates currently exist in thesegroups?
3. w hat improvementinemployment rates is targeted and tobejudgedupon, and
4. w hat mechanismshe intends to usetoachieveimprovement?

4 . W ill the Minister undertake to provide a calculation of the gross and net replacement rates for Jersey to

enable accurate comparison with the data revealed in the 2005 OECD report entitled "Pensions at a Glance: Public policies across OECD countries"?

5 .  I n his reply to my question on 14th February 2006, regarding income thresholds relating to loss of HIE,

the Minister pointed to over 60 possible low income thresholds depending on household type. Would the Minister inform members whether a single person paying a weekly rent of £23.24 loses HIE if their income rises above £172.92 and, if not, would he provide evidence in support of this?

6 . O n 14th February 2006, (section 2.2.5 of Official Report), the Minister undertook to provide a written

answer on the means of updating the income distribution survey this year. When will he do so? Similarly, in response to a question on supported employment, (section 2.6.1 of Official Report), he referred to the sum of £600,000 to be spent on refurbishment at Oakfield Industries. Can he confirm that this sum will increase the number of people employed there and supply figures in support of this?"