Order Paper 17th June 2008

STATES OF JERSEY ORDER PAPER

Tuesday 17th June 2008

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

(Explanatory note attached)

Police Procedures and Criminal Evidence (Codes of Practice) (Amendment) R&O.69/2008. (Jersey) Order 2008.

Minister for Home Affairs.

Financial Services (Advertising) (Jersey) Order 2008. R&O.70/2008 [re- Minister for Economic Development. numbered].

Motor Traffic (Cabs – Fares and Charges) (Jersey) Order 2008. R&O.71/2008. Minister for Transport and Technical Services.

3. DOCUMENTS PRESENTED OR LAID

Review into the Proposed Establishment of the Jersey Enterprise Board: report S.R.9/2008. of the Corporate Services Scrutiny Panel.

Presented: 11th June 2008.

Corporate Services Scrutiny Panel.

4. NOTIFICATION OF LODGED PROPOSITIONS

Draft Howard Davis Farm (Abrogation of Covenant) (Jersey) Law 200- P.95/2008. (P.95/2008): amendment. Amd. Lodged: 12th June 2008.

Deputy I.J. Gorst of St. Clement.

Waterfront Enterprise Board Ltd: removal of States Directors and Chairman P.98/2008. from office.

Lodged: 13th June 2008.

Deputy G.P. Southern of St. Helier.

Council of Ministers: Vote of No Confidence. P.99/2008. Lodged: 13th June 2008.

Senator S. Syvret.

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

9. QUESTIONS

1. – Written Questions (attached)

1. The Minister for EconomicDevelopment will table ananswerto a questionasked by Deputy S.S.P.A. Power of St. Brelade regarding compliance with the United Kingdom Merchant Shipping Survey and Certification Regulations 1995.
2. The Ministerfor Education, Sport and Culture will table an answer to a questionasked by Deputy S.S.P.A.Power of St.Brelade regarding the financial costs to theJerseyHeritageTrust relating to the operation of the ferry service to Elizabeth Castle.
3. The Minister for Social Security will tableananswer to a question asked by Deputy G.P Southern of St. Helier regarding Income Support.
4. The Chief Minister will tableananswerto a question askedby Deputy R.G.Le Hérissier ofSt. Saviour regarding the appointmentof locally qualified people to senior public sector posts.
5. The Minister for Home Affairs will table an answer to a questionaskedby Deputy R.G.Le Hérissier of St. Saviourregardingthere-establishmentof a PoliceComplaintsAuthority.
6. The Chief Minister will table ananswer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding documents released by the Waterfront Enterprise Board at the States meeting on5thJune2008.
7. The Minister forPlanning and Environment will table an answerto a questionaskedby Deputy G.C.L. Baudains of St. Clement regarding the developmentof the Waterfront.
8. The Minister for Health andSocialServices will table an answerto a questionaskedby Deputy R.G. Le Hérissier ofSt.Saviour regarding backgroundchecksofcareworkersemployedin residential and nursing homes.
9. The Minister for TreasuryandResources will tableananswer to a questionaskedby Deputy G.P. Southern of St. Helier regarding taxation rates.
10. The Chief Minister will tableananswerto a question asked by Deputy G.P. Southern of St. Helier regarding net inward migrationfigures.
11. The Chief Minister will tableananswerto a question asked by Deputy G.P. Southern of St. Helier regarding public sector employees standing for election.
12. The Minister forTreasury and Resources will table an answerto a questionasked by Deputy G.P. Southern of St. Helier regarding zero rating for non locally ownedcompanies.
13. The Minister forTreasury and Resources will table an answerto a questionasked by Deputy G.P. Southern of St. Helier regarding the '20 means20' tax measures.
14. The Chief Minister will tableananswerto a question asked by Deputy G.P. Southern of St. Helier regarding the impactoftheWaterfrontdevelopment on theIsland'seconomy.
15. The Minister forTreasury and Resources will table an answerto a questionasked by Deputy G.C.L.BaudainsofSt.Clement regarding documentsreleasedby the Waterfront Enterprise Board at the Statesmeeting on 5th June2008.

2. – Oral Questions (90 minutes)

1. Deputy G.C.L.Baudains of St.Clement will ask the followingquestionof the Minister for Transport and TechnicalServices –

" W ould the Minister advise what quantity of hypochlorite his Department uses annually, and the main purposes to which it is put?"

2. Deputy K.C. Lewis ofSt.Saviour will ask the followingquestionofthe Minister for Home Affairs –

"W hat progress, if any, has the Minister made in association with the U.K. authorities to establish computer criminal record checks with new European Union member countries?"

3. Deputy G.C.L.Baudains of St.Clement will ask the followingquestionof the Minister for Social Security –

" W ould the Minister advise when, by whom, for what reason the intention to provide satellite Welfare offices at Parish Hall s was abandoned and would he also advise who was consulted regarding this change of plan?"

4. Deputy S.C. Ferguson ofSt.Brelade will ask the following question of H.M. Attorney General –

" W ould the Attorney General inform members whether legal opinions are being shared with third parties and, if so, would Attorney General agree to reconsider his objections to sharing these with the Scrutiny Panels?"

5. Deputy R.G.Le Hérissier of St. Saviour will ask the following questionoftheMinisterfor Transport and TechnicalServices –

" W ould the Minister clarify how the extended contract will incentivise the operator, Connex, to provide an improved service and would he advise whether the new arrangements will lead to reduced annual payments to the operator by the States?"

6. Deputy R.G.Le Hérissier of St. Saviour will ask the following questionoftheMinisterfor Health an SocialServices –

" W hen will the Minister be introducing robust regulation of care workers in care and residential homes?"

7. Deputy K.C. Lewis ofSt.Saviour will ask the followingquestionofthe Minister for Home Affairs –

" F ollowing changes in legislation in the United Kingdom and recent events locally, will the Minister be seeking an increase in penalties for knife crime and the carrying of knives in public, and if not, why not?"

8. Deputy S.S.P.A. Power of St. Brelade will ask the following question of the Minister for Economic Development –

"C an the Minister advise whether charges for the use of the new Harbour crane will be increased to cover the cost of the new apparatus and, if so, has the Harbours Department contacted any of the stevedoring or shipping companies which use the New North Quay to

inform them of this?"

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

1 s t q u e stion period – Minister for Health and Social Services 2 n d q u estion period – Chief Minister

10. PERSONAL STATEMENTS
11. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY

The Chairman of the Comité des Connétable s will make a statement regarding the Island-wide Rate for 2008.

12. PUBLIC BUSINESS

School milk: continued funding. P.66/2008. Lodged: 8th May 2008.

Deputy G.P. Southern of St. Helier.

School milk: continued funding (P.66/2008) – comments. P.66/2008. Presented: 3rd June 2008. Com. Council of Ministers.

Draft Taxation (Land Transactions) (Jersey) Law 200-. P.185/2007. Lodged: 4th December 2007.

Minister for Treasury and Resources.

(Principles adopted on 12th March 2008)

Draft Taxation (Land Transactions) (Jersey) Law 200- (P.185/2007): P.185/2007. comments. Com. Presented: 10th March 2008.

Corporate Services Scrutiny Panel.

Draft Taxation (Land Transactions) (Jersey) Law 200- (P.185/2007): P.185/2007. amendments. Amd. Lodged: 26th February 2008.

Minister for Treasury and Resources.

Draft Crime (Disorderly Conduct and Harassment) (Jersey) Law 200- P.55/2008. Lodged: 7th April 2008.

Minister for Home Affairs.

Draft Crime (Disorderly Conduct and Harassment) (Jersey) Law 200- P.55/2008. (P.55/2008): comments. Com. Presented: 2nd June 2008.

Education and Home Affairs Scrutiny Panel.

Central European Time: referendum. P.62/2008. Lodged: 21st April 2008. (re-issue) Senator J.L. Perchard.

Central European Time: referendum (P.62/2008) – comments. P.62/2008. Presented: 28th May 2008. Com.

Comité des Connétable s.

13. ARRANGEMENT OF PUBLIC BUSINESS

1st July 2008

Census of Island's population. P.32/2008. Lodged: 26th February 2008.

Deputy of Grouville .

Draft Sea Fisheries (Inshore Trawling, Netting and Dredging) (Amendment) P.36/2008. (Jersey) Regulations 200- second reading.

Lodged: 6th March 2008.

Minister for Economic Development.

(principles adopted on 29th April 2008)

Draft Marriage and Civil Status (Amendment No. 2) (Jersey) Law 200-. P.61/2008. Lodged: 21st April 2008.

Minister for Home Affairs.

Draft Marriage and Civil Status (Amendment No.  2) (Jersey) Law 200- P.61/2008. (P.61/2008): comments. Com. Presented: 2nd June 2008.

Education and Home Affairs Scrutiny Panel.

Draft Marriage and Civil Status (Amendment No.  2) (Jersey) Law 200- P.61/2008. (P.61/2008): amendments. Amd. Lodged: 19th May 2008.

Deputy of St. Martin.

Flu pandemic funding. P.67/2008. Lodged: 13th May 2008.

Minister for Treasury and Resources.

Parish Rates: the States' liability. P.68/2008. Lodged: 13th May 2008.

Minister for Treasury and Resources.

Goods and Services Tax: receipts. P.70/2008. Lodged: 13th May 2008.

Deputy G.P. Southern of St. Helier.

Energy from Waste Facility: establishment and acceptance of tender. P.72/2008. Lodged: 20th May 2008.

Minister for Transport and Technical Services.

Energy from Waste Facility: funding. P.73/2008. Lodged: 20th May 2008.

Minister for Treasury and Resources.

Human Rights Committee and Statements of Compatibility. P.78/2008. Lodged: 29th May 2008.

Deputy of St. Martin.

Esplanade Quarter, St.  Helier: Masterplan – rescindment. P.97/2008. Lodged: 10th June 2008.

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

Waterfront Enterprise Board Ltd: removal of States Directors and Chairman P.98/2008. from office.

Lodged: 13th June 2008.

Deputy G.P. Southern of St. Helier.

Council of Ministers: Vote of No Confidence. P.99/2008. Lodged: 13th June 2008.

Senator S. Syvret.

15th July 2008

Draft European Communities Legislation (Implementation) (Bovine Semen) P.43/2008. (Jersey) Regulations 200-.

Lodged: 14th March 2008.

Chief Minister.

Draft Customs and Excise (Amendment No.  6) (Jersey) Law  200-. P.54/2008. Lodged: 7th April 2008.

Minister for Home Affairs.

Jersey Homebuy Housing: amendment to Island Plan Policy H1. P.74/2008. Lodged: 21st May 2008.

Minister for Planning and Environment.

Provision of land for lifelong dwellings (for people over 55) and first-time P.75/2008. buyers: amendment to Island Plan (2002).

Lodged: 22nd May 2008.

Minister for Planning and Environment.

Draft Supply of Goods and Services (Jersey) Law 200-. P.77/2008. Lodged: 23rd May 2008.

Minister for Economic Development.

Draft Proceeds of Crime (Enforcement of Confiscation Orders) (Jersey) P.79/2008. Regulations 200-.

Lodged: 29th May 2008.

Minister for Treasury and Resources.

Draft Criminal Justice (International Co-operation) (Jersey) Regulations 200-. P.80/2008. Lodged: 29th May 2008.

Minister for Treasury and Resources.

Draft Drug Trafficking Offences (Enforcement of Confiscation Orders) (Jersey) P.81/2008. Regulations 200-.

Lodged: 29th May 2008.

Minister for Treasury and Resources.

Draft Public Elections (Expenditure and Donations) (Jersey) Regulations  200-. P.82/2008. Lodged: 30th May 2008.

Privileges and Procedures Committee.

Draft Mental Health (Amendment No.  2) (Jersey) Law 200-. P.83/2008. Lodged: 2nd June 2008.

Minister for Health and Social Services.

Draft Terrorism (Enforcement of External Orders) (Jersey) Regulations 200-. P.84/2008. Lodged: 2nd June 2008.

Minister for Home Affairs.

Draft Shipping (Amendment No. 2) (Jersey) Law 200-. P.85/2008. Lodged: 3rd June 2008.

Minister for Economic Development.

Draft Companies (Takeovers and Mergers Panel) (Jersey) Law 200-. P.86/2008. Lodged: 3rd June 2008.

Minister for Economic Development.

Draft Limited Partnerships (Amendment) (Jersey) Law 200-. P.87/2008. Lodged: 3rd June 2008.

Minister for Economic Development.

Draft Income Support (Amendment of Law) (Jersey) Regulations 200-. P.88/2008. Lodged: 3rd June 2008.

Minister for Social Security.

Draft Income Support (Amendment No.  2) (Jersey) Regulations 200-. P.89/2008. Lodged: 3rd June 2008.

Minister for Social Security.

Draft Food Costs (Offset of Average GST) Bonus (Jersey) Regulations 200-. P.90/2008. Lodged: 3rd June 2008.

Minister for Treasury and Resources.

Historic Child Abuse Enquiry: Funding. P.91/2008. Lodged: 3rd June 2008.

Minister for Treasury and Resources.

Brompton Villa, Belize House and Belize Cottage/Store, Great Union Road, P.92/2008. St.  Helier: proposed Deed of Arrangement.

Lodged: 3rd June 2008.

Minister for Treasury and Resources.

Tevielka, La Rue de la Haye du Puits, Grouville : proposed Deed of P.93/2008. Arrangement for southwest boundary.

Lodged: 3rd June 2008.

Minister for Treasury and Resources.

Draft Howard Davis Farm (Abrogation of Covenant) (Jersey) Law 200-. P.95/2008. Lodged: 5th June 2008.

Minister for Treasury and Resources.

Draft Howard Davis Farm (Abrogation of Covenant) (Jersey) Law 200- P.95/2008. (P.95/2008): amendment. Amd. Lodged: 12th June 2008.

Deputy I.J. Gorst of St. Clement.

NOTE:  Because  of  the  requirement  for  a  6  week  lodging  period  the  Draft Howard Davis Farm (Abrogation of Covenant) (Jersey) Law 200- (P.95/2008) cannot be debated before Thursday 17th July 2008. If other business on 15th July  2008  is  completed  before  17th  July,  the  Minister  for  Treasury  and Resources has indicated that he will seek the agreement of the Assembly, under Standing Order 26(7), to reduce the lodging period in order that this matter can be debated at that meeting.

Committee of Inquiry: Toxic Incinerator Ash Dumping in the St.  Helier P.96/2008. Waterfront Land Reclamation Schemes.

Lodged: 10th June 2008.

Senator S. Syvret.

9th September 2008

Draft Water (Amendment No.  3) (Jersey) Law 200-. P.58/2008. Lodged: 11th April 2008.

Minister for Planning and Environment.

Draft European Communities Legislation (Bluetongue) (Jersey) P.71/2008. Regulations  200-.

Lodged: 20th May 2008.

Minister for Planning and Environment.

Integrated Coastal Zone Management Strategy. P.76/2008. Lodged: 23rd May 2008.

Minister for Planning and Environment.

Goods and Services Tax: zero-rating or exemption for basic foodstuffs and P.94/2008. domestic energy.

Lodged: 4th June 2008.

Deputy of Grouville .

M.N. DE LA HAYE Greffier of the States

12th June 2008 Note –

In accordance with the meeting dates fixed for 2008 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 18th June and Thursday 19th June 2008.

Explanatory Note regarding subordinate legislation tabled at this meeting.

(See Item B)

R&O.69/2008.

This Order revises 2 of the Codes of Practice given effect by the Police Procedures and Criminal Evidence (Codes of Practice) (Jersey) Order 2004.

Code C is amended so as to clarify the powers of a senior police officer to authorise extended detention of a person detained in custody and to add a statement of the circumstances in which a review of detention may be postponed and to specify when a postponed review should be carried out.

The opportunity is taken to correct a typographical error in Code E.

The Order was made on 5th June 2008 and came into force on 12th June 2008.

R&O.70/2008 [re-numbered].

The object of this Order is to set out certain requirements about advertisements for financial service business.

Interpretation provisions appear in Article 1 (including that an advertisement is taken to be issued each time it appears).

Article 2 excludes from the ambit of the Order –

1. advertisements aboutmoney service business;
2. simple references to a business;
3. statements aboutsponsorship;and
4. certain prospectuses.

An altered advertisement is taken to be a new advertisement (Article 3). Someone who merely publishes advertisements without having input into their content is not regarded as issuing them (Article 4). This means then that under Article 5 (which requires an advertisement to identify who issues it) and Article 7 (which requires records to be kept) the publisher is not the one whose name must appear and not the one who must keep the records.

Article 5 requires the issuer (and, if different, the relevant financial service provider) to be named in an advertisement.

Article 6 sets out in some detail the general principle of full and frank disclosure in financial service advertisements.

Article 7 requires the issuer of a financial service advertisement to keep appropriate records about the advertisement for 10 years.

Article 8 ensures that the Order does not apply to certain approaches from overseas service providers to clients who have first approached them or to their existing clients.

Article 9 bans the giving or sending of unsolicited material to a person who has previously indicated that he or she does not want it.

Article 10 allows 12 months' grace for material already in the pipeline when the Order comes into force. Article 11 names the Order and indicates when it is to come into force.

This Order was made on 6th June 2008 and came into force on 13th June 2008.

R&O.71/2008.

This Order would increases the fares and charges for use of a controlled taxi cab. The fares and charges were last reviewed in July 2007.

The Order was made on 6th June 2008 and came into force on 16th June 2008.

WRITTEN QUESTIONS (See Item I(a))

1. T he Minister forEconomicDevelopment will table ananswer to the followingquestionasked by Deputy S.S.P.A. Powerof St. Brelade –

"Can the Minister explain the grant of approval to allow the "Charming Nancy" and "Charming Betty" to operate whilst apparently exempting the vessel from Regulation 2(3) of the U.K. Merchant Shipping (Survey and Certification) Regulations 1995?

Can the Minister assure the Assembly that, given that the Jersey Heritage Trust (JHT) is taking over direct and sole responsibility for operating the ferry service to and from Elizabeth Castle, he is satisfied that the JHT has the maritime expertise as required in Law to set up and operate such a service?"

2. T he Minister forEducation, Sport and Culture will tableananswerto the followingquestionaskedby Deputy S.S.P.A.Powerof St. Brelade –

"Would the Minister advise how much the two ferries used to transport visitors to and from Elizabeth Castle would cost to buy new in the United States of America, and if less than the £500,000 recently paid by Heritage Trust for two such vehicles, outline how the additional sums were justified?

Can the Minister confirm what budget the Jersey Heritage Trust has submitted, if any, to his Department for ferry staff for each vehicle plus maintenance costs, covered accommodation to carry out such maintenance, plus the specialist mechanical expertise to carry out that work?"

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

" (1 ) I n the report "Distributional analysis of income support" issued on 4th June 2008, the M inister makes the following statement on page 3:

" C o nsidering all households and assuming that all the proposals put forward by the Minister for Social Security are approved by the States, including the increase in component rates from 1 October 2008, 56% of households will be in receipt of Income Support at a level equal to or above their benefit entitlement under the benefit systems replaced by Income Support."

 W  ill the Minister inform members

1. whether this analysis includes the upratingofIncomeSupport (IS) to include the increaseofnon- housing elementsofIS to compensateforGST, and the expectedriseinpensionsandcontributory benefits of5.1% for October 2008, along with the anticipated annual cost of living rise in IS of 3.7% and therefore renders any comparison with previous benefits (pre 28th January 2008) invalid in termsof like-for-like analysis, andifnotwhy not?
2. whether the further inclusionofmajorcorrections to the IS schemeproposedin his statementof 3rd June, as follows

• Extension of lone parent component to parents of children aged 16 to 18 who remain in full time education.
• High level personal care component to be available to parents of a child with a severe

disability, without reference to parental income.

• Automatic entitlement to first level personal care component for those with 100% LTIA award;

fu r ther affects proper analysis of the impact of the introduction of IS on 28th January 2008, and if

not why not?

3. whether he is prepared to produceproperlycollated figures to assess theimpactoftheoriginal IS scheme, including accurate like-for-like figures for IS andpreviousbenefitsasof 28th January 2008 (already indicated on letters sent to IS recipients) showing winners and losers in real and percentage terms, without any uprating, to replace the first table on page 4 and the 6 groups analysed inthereportand listed in the second table on page 4 ofthe report, andifnotwhy not?

In the light of his responses to the above will the Minister withdraw his figure of 56% (or 3,791 families) on the same level or better off than under the previous schemes?

2. Given that "disposable income" has been reduced for the majority of benefit recipients bythe combined impact of the change from HIE to HMA, the reduction in the levels of rent rebate/abatement (now the housingcomponentof IS), and the50% reduction in DTA for thosenot working, will the Minister now produceAfterHousing Costs (AHC)disposableincome figures (based ontheJanuary2008 levels) for members, and if notwhy not?

U  nder the AHC disposable income analysis what proportion and number of households are shown

to be "on the same level or better off" than on previous schemes?

3. Will the Minister informmembersof the costs involved in the changes to IS and in particular, how the additional fundshave been made available to protect thoseonAttendanceAllowance, Adult Disability Allowance and Child Disability Allowance?

W  il l t h e M  inister give examples of how increased access to the high level personal-care element

will affect the level of benefits received by families with children with severe disabilities, before and after IS, using January 2008 like-for-like figures?

4. Will the Minister state whyhe has notextended support for peoplewith disabilities beyondOctober 2010, by adopting UKstandards for their equivalentbenefits (ie removing the means test)?

W  il l h e f u r ther explain to members whether the extension of protection until October 2010 will be

applied to new applicants for IS, or will they be treated differently, and if so how?

5. Will the Minister give examples ofthe "additional incentives for lone parents to move into part time employment" highlighted on page 9 andelsewhereinthe report?

In p a rt i cu l a r, will he show how each additional £1 earned will be affected by a reduction in benefit,

and what this reduction would be?

6. Will the Minister explain to memberswhat criteria have been used to produce thefigureof£1 per week "deemed income" for each additional £250 of capital orsavingsover the capital limits in calculating IS? What consideration, if any, hashegiven to reducingthe rate of interest on capital, whichequatesto over 20%,and does he notagree that this is a disincentive for people to save?"

4. T he Chief Minister will table an answerto the following question asked by Deputy R.G.Le Hérissier of St. Saviour –

"How and when does the Chief Minister intend to report back to the Assembly on the implementation of the policy to ensure that more residentially qualified people are appointed to the upper echelons of the

public sector?"

5. T he Minister forHome Affairs will tableananswerto the followingquestion asked by Deputy R.G.Le Hérissier of St. Saviour –

"When does the Minister intend to bring forward the proposition for the establishment of a Police Authority or its equivalent?"

6. T he Chief Minister will table an answer to the followingquestion asked by Deputy G.C.L. Baudains of St. Clement –

"(1) Would the Chief Minister confirm the following regarding the documents released by W EB to members at the States meeting on Thursday 5th June 2008:-

1. W  h e n werethedocumentspresented to the Directors ofWEB for consideration?
2. W  h i ch WEBDirectorswerepresentat the meeting when the documents were discussed?
3. W  e r e they discussed atmore than oneDirectors' meeting?
4. W  h a t wastheoutcomeoftheDirectors' deliberations?
5. W  i ll h e release the relevantminutesto States Members?
6. H  o w d id the Directors ofWEB propose to mitigate therisksoutlined in thosedocuments?
7. D  id th e Directors instruct the extra work suggested byPWC? If socanhereleasethose reports or documents to States Members?
8. W  e r e the documents presented totheCouncilof Ministers? If so when?Ifnotwhy not?
9. I f s o , whatwas the conclusionoftheCouncilofMinistersdeliberations? Which Ministers were present at that particular meeting?
10. W  h e n were thedocumentspresented to the Chief Minister and the Minister for Treasuryand Resources?

( 2 ) Would the Chief Minister further advise:

1. w  h en, and bywhom,hewas first madeawareofdisagreementsbetweenHarcourt and its partner in Las Vegas;
2. w h en, andbywhom,hewas first madeaware that a lawsuithad been filed against Harcourtin Las Vegas;
3. whowasresponsible for monitoring the situation onceitwasknown a disagreement existed between Harcourt and its partner;
4. w  hether hecanassuremembers that no further action towardsanagreementwith Harcourt will be made untilup-to-date information regarding the company is madeavailabletomembers;
5. w h ether, in view of the seriousnessof the situation, he will nowbring the matter back before the States for further debate?

7. T he Minister for Planning and Environment will table ananswerto the following questionaskedby Deputy G.C.L. Baudains of St. Clement –

"W  o u ld the Minister advise:

1. whether hewasawareof the issues surroundingtheDeveloper for the Waterfront during his dealings with the firm and the developmentoftheMasterplan;
2. who has ownershipof the plan – Harcourt, the Waterfront Enterprise Board,himself,the appointed architect – or a combination of any of them?
3. whether alternative plansfor the Waterfrontwhich did not involve a sunken road were pursued and if not,whynotand if they were,whywere they not presented totheStates?"

8. T heMinister for Health and SocialServices will table ananswerto the followingquestionasked by Deputy R.G. Le Hérissier of St. Saviour –

"What checks are currently carried out on the backgrounds of care workers employed in residential and nursing homes? What liaison exists with the appropriate professional bodies in the UK?"

9. T he Minister forTreasury and Resources will table ananswer to the following questionaskedby Deputy G.P. Southern of St. Helier –

"The Minister, in a response to a question on taxation on 13th May 2008, suggested that effective tax rates on the finance sector were around 12 to 14%. Will he now show members the basis for this estimate and further explain how these figures will be affected by the advent of the 10% tax rate?"

10. The Chief Minister will table an answertothefollowingquestionaskedby Deputy G.P. Southern of St. Helier –

"(1) Does the Chief Minister accept that, with net inward migration figures standing at 2,200 and

population growth at 3,100 over the past 3 years, measures to control migration are not working, and if not will he explain to members what controls he believes are currently working and how?

2. Furthermore does he alsoaccept that the target for 2% economic growth on the back of1%(500) job growth hasalso failed? If not, whereis the measure that indicates success?
3. Does henotaccept that with 600ofthenetinward migrants being J catsandtheir families, many now permanentandwith the right tobuy,house prices for 3-bedroom properties andabovewill continue torise?If not, why not?

11. The Chief Minister will table an answertothefollowingquestionaskedby Deputy G.P. Southern of St. Helier –

"In his response to a question from Deputy Le Hérissier on 3rd June 2008, the Chief Minister stated that there is no restriction on a politically eligible States employee taking holiday entitlement and time off in lieu to pursue any activity, including election campaigning, however should he wish to stand for election, he is forced to take unpaid leave and cannot use up unclaimed holiday entitlement. Notwithstanding the belief expressed in his answer that such regulations are consistent with EU Convention rights, will the Chief Minister seek legal opinion on whether such a restriction constitutes a disproportionate limitation on Article 11 of the first Schedule to the Human Rights (Jersey) Law 2000

and is discriminatory under employment law?"

12. The Minister forTreasury and Resources will table ananswer to the following questionaskedby Deputy G.P. Southern of St. Helier –

"(1) In the light of the recent takeover of CI Fuel Supplies by a foreign-owned company, will the Minister explain to members how zero rating, as part of his zero/ten tax proposals, for non locally owned, non finance companies will affect taxation revenues following its introduction and in particular can he provide an updated figure on the £30m estimate of lost revenue produced in 2004?

(2) What measures, if any, does the Minister have available to act against further tax revenue losses from this mechanism through continued increases in foreign ownership of companies trading, tax – free on the Island? If none, what measures, if any, can he propose to reduce further tax revenue losses?"

13. The Minister forTreasury and Resources will table ananswer to the following questionaskedby Deputy G.P. Southern of St. Helier –

"Will the Minister clarify for members whether the "20 means 20" tax measures include or exclude mortgage interest tax relief?"

14. The Chief Minister will table an answertothefollowingquestionaskedby Deputy G.P. Southern of St. Helier –

"(1) Will the Chief Minister inform members what economic impacts are predicted for the Waterfront

development on the overall Island economy, and what importance he places on these effects?

2. Will he further state whyhe gave no indications oftheseimpacts in his speech to the Assembly during the debate ontheEsplanade Quarter Masterplan (P.60/2008)?
3. Will the Chief Minister inform membersof the grounds onwhichhehas denied access tothe Economic Adviser'sEconomicImpactReporton the Waterfront development, and will he now agree to release it, ifnecessaryin redacted form orinconfidence?"

15. The Minister forTreasury and Resources will table ananswer to the following questionaskedby Deputy G.C.L. Baudains of St. Clement –

"(1) Would the Minister advise whether the documents released by WEB to Members on 5th June 2008

were presented to him before the debate on the Esplanade Quarter Masterplan and, if not, how was he able to satisfy himself regarding the financial aspects of the deal?

(2) If the said documents were presented to the Minister, what other work did he request be undertaken to satisfy himself that all risks had been mitigated as far as possible?"

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

1st Session –

2nd Session –