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Order Paper 13th February 2007

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STATES OF JERSEY ORDER PAPER

Tuesday 13th February 2007

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

(Explanatory note attached)

Marriage  and  Civil  Status  (Forms,  Registration  and  Fees)  (Amendment  No.  2) R&O 27/2007. (Jersey) Order 2007.

Minister for Home Affairs.

  1. DOCUMENTS PRESENTED OR LAID

Land Transactions under Standing Order 168(3) R.9/2007.

  1. Electricity Sub-Station129,MorierHouse,St. Helier proposed lease and

lease variation;

  1. Fairlea, 2 LeClosdeL'Ecluse, St.  Brelade – sale ofproperty.

Presented: 2nd February 2007.

Minister for Treasury and Resources.

Code of Conduct for Ministers: statement. R.10/2007. Presented: 9th February 2007.

Council of Ministers.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Draft Sea Fisheries (Licensing of Fishing Boats) (Amendment No.  3) (Jersey) P.15/2007. Regulations 200-.

Lodged: 2nd February 2007.

Minister for Economic Development.

Draft Corruption (Jersey) Law 2006 (Appointed Day) Act 200-. P.16/2007. Lodged: 2nd February 2007.

Minister for Home Affairs.

Draft Police Procedures and Criminal Evidence (Jersey) Law 2003 (Appointed P.17/2007. Day) (No.  4) Act 200-.

Lodged: 2nd February 2007.

Minister for Home Affairs.

Draft Prison (Amendment No.  6) (Jersey) Law 200-. P.18/2007. Lodged: 5th February 2007.

Minister for Home Affairs.

Draft Regulation of Investigatory Powers (Amendment) (Jersey) Law 200-. P.19/2007. Lodged: 6th February 2007.

Minister for Home Affairs.

Draft Centeniers (Terms of Office) (Jersey) Law 200-. P.20/2007. Lodged: 6th February 2007.

Comité des Connétable s.

Draft Règlements (200-) sur le tarif des honoraires des Jurés-Justiciers. P.21/2007. Lodged: 8th February 2007.

Chief Minister.

Deep groundwater: La Rocque and St. Catherine boreholes. P.22/2007. Lodged: 8th February 2007.

Deputy G.C.L. Baudains of St. Clement .

  1. WITHDRAWAL OF LODGED PROPOSITIONS

In accordance with Standing Order 34(1), Deputy G.C.L. Baudains of St. Clement has informed the Greffier of the States that the following proposition lodged "au Greffe" is to be withdrawn, having lodged a revised proposition "au Greffe" on 8th February 2007 -

Deep groundwater: La Rocque and St. Catherine boreholes. P.13/2007. Lodged: 30th January 2007.

Deputy G.C.L. Baudains of St. Clement .

  1. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

Resignation of Deputy G.C.L. Baudains of St. Clement from the Environment Scrutiny Panel.

  1. MATTERS OF PRIVILEGE
  2. PETITIONS
  3. QUESTIONS
  1. Written Questions (attached)

1  T he Chief Minister will table an answer to a question asked by Senator B.E. Shenton regarding

the appointment of Senator M.E. Vibert to the States Employment Board.

  1. The  Minister for Treasury and  Resources will  table an answer to a  question asked by the Connétable of Grouville regarding the Drug TraffickingConfiscation Fund.
  2. The  Minister  for Home Affairs will table an answer to  a question asked by   Deputy D.W. Mezbourian of St. Lawrenceregarding suicide reductionmeasuresatLaMoye Prison.
  3. The Minister for Education, Sport and Culture will table ananswer to a question asked by Deputy R.G.LeHérissierofSt. Saviour regarding a date forpublicationof the HigherEducation Report.
  4. The Chief Minister will tableananswerto a question asked by Deputy R.G.Le Hérissier of St. Saviour regarding salary conditions for suspendedemployees.
  5. The Minister forHousing will tableananswerto a questionasked by Deputy G.P. Southern of St. Helier regarding the proposed sale ofrental units.
  6. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding theDraftIncomeSupport (Jersey) Law.
  7. The Minister for TreasuryandResources will table an answerto a question asked bySenator J.L. Perchard regardingfundsnotrecorded in the States of Jersey annualaccounts.
  1. The Minister for TransportandTechnicalServices will table an answer to a question askedby Deputy I.J. Gorst ofSt.Clement regarding Jersey's sea defence strategy.
  2. The Minister forSocialSecurity will tableananswerto a questionaskedby Deputy I.J. Gorst of St. Clementregardingtheemployment of people with disabilities.
  3. The Minister for Health and Social Services will tableananswer to a questionaskedby Deputy I.J. Gorst ofSt.Clementregarding statistics on admissions to theGeneralHospital.
  1. Oral Questions (90 minutes) (attached)
  1. Senator L.Norman will askthefollowing question of the Chief Minister –

" W  o uld the Chief Minister inform members whether overtime can only be paid to public employees when the relevant number of hours have actually been worked and whether bonuses are only paid to those employees who earn such bonuses in work and, if not, state whether the States Employment Board will be taking steps to amend the present procedures?"

  1. Deputy C.J. Scott Warr en of St.Saviour will askthe followingquestion of the Minister for Housing–

" W  o uld the Minister agree to send a questionnaire to all States tenants living in the 800 properties which have been identified for sale, in order to ascertain the number of tenants who wish to buy the properties in which they currently reside?"

  1. Deputy G.P. Southern of St. Helier will askthefollowingquestionof the Chief Minister–

" W  o uld the Chief Minister inform members whether a 2-year pay agreement has yet been reached with States manual workers?"

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

" W i ll the Minister inform members of the outcome of his negotiations to increase his department's headcount by 4.5 FTE in order to deliver his new Business Development Strategy as outlined in his answer to questions on 7th November 2006?"

  1. Deputy K.C. Lewis of St. Saviour willask the followingquestion of the Minister for Transport and TechnicalServices–

" F o ll owing the Buncefield oil depot disaster and the gas explosion in Tunnell Street in 1982, what steps, if any, is the Minister taking to ensure the safety of the La Collette area in light of the proposal to locate the new Energy from Waste plant adjacent to gas holding tanks, the fuel farm, the L.P.G. station, the power station and the composting site?"

  1. Questions to Ministers without notice (30 minutes) -

1 s t q u e stion period – Minister for Treasury and Resources. 2 n d q u estion period – Chief Minister.

  1. PERSONAL STATEMENTS
  1. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY

Statement to be made by the Chairman of the Privileges and Procedures Committee regarding the outcome of an investigation into a breach of the Code of Conduct for Elected Members.

  1. PUBLIC BUSINESS

The Chairman of the Privileges and Procedures Committee has given notice that he will ask the States to agree that the in Committee' discussion on the following matter be deferred until a later date –

Composition and election of the States Assembly: options for change. R.97/2006. Presented: 11th December 2006.

Privileges and Procedures Committee

Draft Departments of the Judiciary and the Legislature (Amendment No.  4) P.169/2006. (Jersey) Law 200-.

Lodged: 20th December 2006.

Chief Minister.

Jersey Child Care Trust: appointment of Chairman. P.11/2007. Lodged: 29th January 2007.

Minister for Education, Sport and Culture.

Jersey Arts Trust: appointment of Chairman. P.12/2007. Lodged: 30th January 2007.

Minister for Education, Sport and Culture.

Jersey Financial Services Commission: appointment of Commissioner. P.8/2007. Lodged: 16th January 2007.

Minister for Economic Development.

(Debate to be conducted in camera)

  1. ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS

27th February 2007

Draft Employment (Amendment No.  2) (Jersey) Law 200-. P.128/2006. Lodged: 20th October 2006.

Deputy G.P. Southern of St. Helier.

Draft Road Traffic (No.  57) (Jersey) Regulations 200-. P.161/2006. Lodged: 1st December 2006.

Minister for Transport and Technical Services.

Draft Road Traffic (No.  57) (Jersey) Regulations 200- (P.161/2006): amendment. P.161/2006. Lodged: 23rd January 2007. Amd. Minister for Transport and Technical Services.

Draft Police (Honorary Police Complaints and Discipline Procedure) (Amendment) P.2/2007. (Jersey) Regulations 200-.

Lodged: 3rd January 2007.

Minister for Home Affairs.

Field 512, La Route des Camps, St.  Brelade: proposed Deed of Arrangement. P.3/2007. Lodged: 10th January 2007.

Minister for Treasury and Resources.

Electoral Reform. P.4/2007. Lodged: 11th January 2007.

Deputy G.P. Southern of St. Helier.

Draft Criminal Offences (Jersey) Law 200-. P.7/2007. Lodged: 16th January 2007.

Chief Minister.

Draft Corruption (Jersey) Law 2006 (Appointed Day) Act 200-. P.16/2007. Lodged: 2nd February 2007.

Minister for Home Affairs.

Draft Police Procedures and Criminal Evidence (Jersey) Law 2003 (Appointed P.17/2007. Day) (No.  4) Act 200-.

Lodged: 2nd February 2007.

Minister for Home Affairs.

Deep groundwater: La Rocque and St. Catherine boreholes. P.22/2007. Lodged: 8th February 2007.

Deputy G.C.L. Baudains of St. Clement .

13th March 2007

Social Housing Property Plan 2007–2016. P.6/2007. Lodged: 16th January 2007.

Minister for Housing.

Draft F.B. Playing Fields (Sports Hall ) (Jersey) Law 200-. P.9/2007. Lodged: 22nd January 2007.

Minister for Education, Sport and Culture.

Draft Shops (Sunday Trading) (No.  9) (Jersey) Regulations 200-. P.10/2007. Lodged: 26th January 2007.

Minister for Economic Development.

Draft Employment (Minimum Wage) (Amendment No. 2) (Jersey) Regulations P.14/2007. 200-.

Lodged: 30th January 2007.

Minister for Social Security.

27th March 2007

Composition and Election of the States Assembly: proposed reform. P.145/2006. Lodged: 3rd November 2006.

Senator B.E. Shenton.

Composition and Election of the States Assembly: proposed reform (P.145/2006): P.145/2006. amendments. Amd. Lodged: 28th December 2006.

Deputy G.P. Southern of St. Helier.

Public Elections: reduction in voting age to 16. P.166/2006. Lodged: 5th December 2006.

Deputy P.V.F. Le Claire of St. Helier .

Draft Sea Fisheries (Licensing of Fishing Boats) (Amendment No.  3) (Jersey) P.15/2007. Regulations 200-.

Lodged: 2nd February 2007.

Minister for Economic Development.

Draft Prison (Amendment No.  6) (Jersey) Law 200-. P.18/2007. Lodged: 5th February 2007.

Minister for Home Affairs.

Draft Regulation of Investigatory Powers (Amendment) (Jersey) Law 200-. P.19/2007. Lodged: 6th February 2007.

Minister for Home Affairs.

Draft Centeniers (Terms of Office) (Jersey) Law 200-. P.20/2007. Lodged: 6th February 2007.

Comité des Connétable s.

Draft Règlements (200-) sur le tarif des honoraires des Jurés-Justiciers. P.21/2007. Lodged: 8th February 2007.

Chief Minister.

M.N. DE LA HAYE Greffier of the States

8th February 2007 Note

In accordance with the meeting dates fixed for 2007 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 14th February and Thursday 15th February 2007.

Explanatory Note regarding subordinate legislation tabled at this meeting.

(See Item B)

R&O.27/2007

This Order increases the fees payable for giving notice of marriage, for the issue of Superintendent Registrar's licences and certificates.

The Order was made on 30th January 2007 and came into force on 6th February 2007.

WRITTEN QUESTIONS (See Item I(a))

The Chief Minister will table an answer to the following question asked by Senator B.E. Shenton -

" W ould the Chief Minister explain the rationale behind the decision to select Senator M.E. Vibert as a member of the States Employment Board and state whether any conflicts of interest arise in relation to this appointment?"

The Minister for Treasury and Resources will table an answer to the following question asked by the Connétable of Grouville

"W ould the Minister provide members with a list of applications for funds from the Drug Trafficking

Confiscation Fund showing the rejected applications and the reasons for rejection?"

The Minister for Home Affairs will table an answer to the following question asked by Deputy D.W. Mezbourian of St. Lawrence

" (a ) Following a suspected suicide at the prison, the Minister answered questions on this matter on 12th September 2006. Will the Minister advise members of any new suicide prevention procedures or measures that have been put in place since her comments?

  1. During the same meeting, the Minister informed members that, although certainrecommendationsof Her Majesty's Inspector relating to measures for suicide and self harm reduction had been implemented, itwas impossible toimplementmeaningful strategies unless the necessary resources were available. Will the Minister informmemberswhether decisions on the precise allocation and spending of prison resources are madeby her and, if not, state how such decisions are made?
  2. Would the Minister advise members whether, followingthe suspected suicide inSeptember 2006, and her assertion of "the need to constantly reassess the way that wecare for allofourprisoners", additional resourceswere allocated for suicide and self harm reductionmeasures?"

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 when the findings of the report into Higher Education will be published and would he state what payments, if any, have been made to date to the Group's adviser, Dr. Goldstein and for what number of hours worked?"

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

" W ill the States Employment Board be seeking to change the conditions which allow some employees to enjoy bonus and overtime payments when under suspension? If so, what reforms will the Board be seeking and when will these be implemented?"

The Minister for Housing will table an answer to the following question asked by Deputy G.P. Southern of St. Helier -

" F ollowing his repeated verbal assurances that no tenant will be required to leave their home under the proposed sale of 800 States rental units, will the Minister undertake to write to all tenants confirming his absolute assurance?"

The Minister for Social Security will table an answer to the following question asked by Deputy G.P. Southern of St. Helier

" (a ) In response to an oral question without notice on 30th January 2007 the Minister stated that the Data Protection Commissioner had inspected the draft Income Support (Jersey) Law 200-; will he now inform members when this occurred and what comments were received by his department as a result?

(b ) Will the Minister inform members what tax revenue, if any, is predicted to be required in order to

fund income support to compensate for the partial benefits paid under the Long Term Incapacity Allowance scheme when Income Support commences and what projections have been made for the growth of this figure over the coming decade?"

The Minister for Treasury and Resources will table an answer to the following question asked by Senator J.L. Perchard -

" W ill the Minister advise members of the name of every fund administered by the States of Jersey that is not recorded in the Annual Accounts giving, in each case, the balance in the fund together with the criteria, application procedures and mechanisms in place for the use of the fund."

The Minister for Transport and Technical Services will table an answer to the following question asked by Deputy I.J. Gorst of St. Clement

" F ollowing the publication of the report of the Inter-Governmental Panel on Climate Change would the

Minister inform members whether the terms of reference of the recently commissioned report into Jersey's sea defence strategy remain appropriate? Would the Minister set out for members those terms of reference and state when he expects to receive the report's findings and whether he will make them publicly available?"

The Minister for Social Security will table an answer to the following question asked by Deputy I.J. Gorst of St. Clement

" D oes the Minister have any plans to introduce a scheme for disabled people similar to the United Kingdom Workstep' scheme and, if not, would he explain why?"

The Minister for Health and Social Services will table an answer to the following question asked by Deputy I.J. Gorst of St. Clement

" (a )   How many patients required admission to hospital requiring Consultant-input for alcohol-related illness between 2000 and 2006 broken down by (i) patients aged under 18 years and (ii) patients aged 18 years and over?

(b ) W hether all incidents in the Accident and Emergency department where alcohol is involved are coded

as such, for example, with an assault, is it the wound that gets the code or the alcohol that drove it? If so, would he state how many patients who visited the department had an alcohol-related diagnosis in each year between 2000 and 2006 broken down by those (i) aged under 18 years and (ii) those aged over 18 years? If incidents are not coded in this way is the Minister satisfied that the present procedures are appropriate and, if so, would he explain why? If not, does he propose any changes?"

ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))

Rota

1st Session

F i r s t 1 5 minute period S e c o n d 15 minute period

Minister M i nister

27th February H o m e A ffairs E c o n o m i c D evelopment

13th March T r a n s p o rt and Technical Services C h ief Minister

27th March H ea l th a n d Social Services E d u c a t ion, Sport and Culture 17th April P la n n i n g a n d Environment C h i e f M inister

1st May S o c ia l S e c u r ity    H  o u si n g  

15th May T re a s u r y a n d Resources C h i e f M inister

5th June H o m  e A f f a ir s   E c o n o m  ic D e v e l o p m e n t  

19th June T r a nsport and Technical Services C h i e f M inister

3rd July H ea l th a n d S o cial Services E d u c a ti o n , Sport and Culture 17th July P l a n n in g a n d Environment C h i e f M inister

2nd Session

F i r s t 1 5 minute period S e c o n d 15 minute period

Minister M i n is t e r

11th September S o c ia l Security C h i ef M i n i st e r

25th September H  o u si ng     T r e as u r y a n d R e s o u rc e s 9th October H  o m e A f fairs  C h i e f M  in i s te r

23rd October E c o n o m  ic Development    T r a n s p o rt &   T e chnical Services 6th November H  ea l th and Social Services C h i ef Minister

20th November E d u c a tion, Sport and Culture P l a n n in g and Environment

4th December S o c i a l Security C h i e f M inister