Order Paper 26th February 2008

STATES OF JERSEY ORDER PAPER

Tuesday 26th February 2008

1. COMMUNICATIONS BY THE PRESIDING OFFICER
2. TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)

Road Racing (Karts) (Jersey) Order 2008. R&O.24/2008. Minister for Transport and Technical Services.

Money Laundering (Amendment) (Jersey) Order 2008. R&O.26/2008. Minister for Treasury and Resources.

Mental Health (Review Tribunal – Remuneration) (Jersey) Order 2008. R&O.27/2008. Minister for Health and Social Services.

Collective Investment Funds (Unregulated Funds) (Jersey) Order 2008. R&O.28/2008. Minister for Economic Development.

Control of Borrowing (Amendment No. 12) (Jersey) Order 2008. R&O.29/2008. Minister for Economic Development.

Companies (General Provisions) (Amendment No.  2) (Jersey) Order 2008. R&O.30/2008. Minister for Economic Development.

Animal Welfare (Licence Fee) (Jersey) Order 2008. R&O.31/2008. Minister for Planning and Environment.

Animal Welfare (Poisons) (Amendment) (Jersey) Order 2008. R&O.32/2008. Minister for Planning and Environment.

3. DOCUMENTS PRESENTED OR LAID

Re-use and Recycling facilities: capital and revenue funding (P.7/2008) – P.7/2008. comments. Com. Presented: 22nd February 2008.

Minister for Transport and Technical Services.

Goods and Services Tax: restriction on amendment of 3% rate (P.19/2008) – P.19/2008. comments. Com. Presented: 21st February 2008.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – R.15/2008.

1. Mycroft Cottage, 7 Le Clos des Champs, La Route de Maufant, St. Saviour:

Assisted House Purchase Property;

2. The Parsonage, St. Aubin, St. Brelade: new Lease from the Trustees of the

Parsonage.

Presented: 14th February 2008.

Minister for Treasury and Resources.

4. NOTIFICATION OF LODGED PROPOSITIONS

Jersey Enterprise Board Limited: proposed establishment (P.194/2007) – third P.194/2007. amendment. Amd.(3) Lodged: 19th February 2008.

Public Accounts Committee.

Draft Proceeds of Crime (Supervisory Bodies) (Jersey) Law 200-. P.29/2008. Lodged: 18th February 2008.

Minister for Economic Development.

Appointments Commission: re-appointment of member. P.30/2008. Lodged: 19th February 2008.

Chief Minister.

Draft Customs and Excise (Amendment No. 5) (Jersey) Law 200-. P.31/2008. Lodged: 19th February 2008.

Minister for Treasury and Resources.

5. WITHDRAWAL OF LODGED PROPOSITIONS

In accordance with Standing Order 34(1), the proposer of the following proposition lodged "au Greffe" has informed the Greffier of the States that it is to be withdrawn –

Jersey Enterprise Board Limited: proposed establishment (P.194/2007) – P.194/2007. second amendment. Amd.(2) Lodged: 19th February 2008.

Public Accounts Committee.

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

1. – Written Questions (attached)

1. The  Minister for Housing will table an answer to a question asked by Deputy P.V.F. Le Claire of St. Helier regarding housing qualifications.
2. The Chairman of the Executive Committee of the Commonwealth Parliamentary Association will table an answer to a question asked by Deputy P.V.F. Le Claire of St. Helier regarding attendance at CPA events.
3. The Minister for Treasury and Resources will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding targets for public sector wage increases.
4. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the impact of growing the economy by increasing the number of workers in the financial services sector.
5. The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the demand for 3 bedroom houses.
6. The  Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the Employment Relations (Jersey) Law 2007.

7. The  Minister for Planning and Environment will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the Jersey Homebuy' scheme.
8. The Minister for Planning and Environment will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding increasing supply in the housing market.
9. The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the Jersey Homebuy' scheme.
10. The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding housing maintenance.
11. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the index linking of pensions.
12. The Chairman of the Privileges and Procedures Committee will table an answer to a question from Deputy R.G. Le Hérissier of St. Saviour regarding the What is Scrutiny?' conference.
13. The Chief Minister will table an answer to a question from Deputy R.G. Le Hérissier of St. Saviour regarding Channel Islander status.
14. The Chief Minister will table an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the Jersey Law Commission's report on the Jersey Law of Charities.
15. The Minister for Social Security will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the cost of prescriptions at the General Hospital.
16. The Minister for Health and Social Services will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the cost of prescriptions from pharmacies.
17. The Minister for Home Affairs will table an answer to a question asked by Deputy I.J. Gorst of St. Clement regarding policy on tagging.

2. – Oral Questions (90 minutes)

1. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social Security –

"What explanation can the Minister offer for the finding on page 10 of the Jersey Annual Social Survey that around 600 workers reported that they earned less than the minimum wage and what steps, if any, will the Minister take to investigate this finding and to ensure that any breach on this scale of the minimum wage legislation is dealt with and eliminated?"

2. The Connétable of St. Helier will ask the following question of the Minister for Home Affairs –

"Did the Minister or the former Home Affairs Committee approve in principle the introduction of compulsory rear seat belt legislation and, if so, on what date was the decision made and what action, if any, was taken?"

3. Deputy P.V.F. Le Claire of St Helier will ask the following question of the Minister for Treasury and Resources –

The recent purchase of confidential client details by the German Government to identify tax evasion in Lichtenstein has raised a number of issues internationally. What is the position in Jersey in this regard?

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

"Would the Minister explain what day time activities for children over the age of 12 during school holidays, half terms and public holidays are provided by his Department and is he satisfied that he is currently making sufficient provision?"

5. Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the Minister for Planning and Environment –

"Would the Minister inform members whether he is satisfied that Island Plan Policy C16 on agricultural sheds is operating appropriately to minimise the building of such sheds and, if not, does he have any plans to amend it?"

6. The Connétable of Grouville will ask the following question of the Minister for Economic Development –

"Would the Minister inform the Assembly how much the proposed briefing on 4th March 2008 at the Radisson Hotel is estimated to cost and whether any other venues were considered?"

7. The Deputy of St. Martin will ask the following question of the Minister for Home Affairs –

"W oul d the Minister give Members an update of the review of the Rehabilitation of

Offenders Law and state whether it is proposed to bring any amendments in respect of how previous convictions are treated?"

8. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Education, Sport and Culture –

" As the former Fort Regent swimming pool has been empty for over five years, what plans does the Minister have for this building?"

9. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Education, Sport and Culture –

"Will the Minister state what overall numbers of students whose first language is not English are currently being taught in the island's primary and secondary schools, state how these students are distributed between schools and explain what provisions are in place in which schools to ensure that these students are adequately catered for?"

10. Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the Minister for Economic Development –

"What steps, if any, has the Minister taken to ensure small internet businesses or voluntary groups are not disadvantaged by high postal charges?"

11. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for  Home Affairs –

  W ill the Minister be seeking to ban the so-called legal drugs Spice and Salvia?

12. The Deputy of St. Martin will ask the following question of the Minister for Housing –

"Given the concern being expressed regarding the purchase of residential property for speculative purposes, would the Minister give an undertaking to Members to lodge, without delay, the necessary amendments to the Housing Law so that all residential properties may only be purchased and occupied by residentially qualified persons?"

3. – Questions to Ministers without notice (30 minutes) -

  1st  question period – Minister for Health and Social Services

  2nd  question period – Chief Minister

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

Code of Practice for Scrutiny Panels and the Public Accounts Committee. P.198/2007. Lodged: 28th December 2007.

Chairmen's Committee.

Code of Practice for Scrutiny Panels and the Public Accounts Committee P.198/2007. (P.198/2007): comments. Com. Presented: 4th February 2008.

H.M. Attorney General.

Code of Practice for Scrutiny Panels and the Public Accounts Committee P.198/2007. (P.198/2007): amendment. Amd. Lodged: 12th February 2008.

Council of Ministers.

Draft Public Elections (Amendment No. 3) (Jersey) Law 200-. P.2/2008. Lodged: 7th January 2008.

Deputy G.P. Southern of St. Helier.

Draft Public Elections (Amendment No. 3) (Jersey) Law 200- (P.2/2008): P.2/2008. comments. Com. Presented: 8th February 2008.

Comité des Connétable s.

Draft Public Elections (Amendment No. 3) (Jersey) Law 200- (P.2/2008): P.2/2008. Com. comments. (2) Presented: 12th February 2008.

Privileges and Procedures Committee.

Draft Public Elections (Amendment No. 3) (Jersey) Law 200- (P.2/2008): P.2/2008. amendment. Amd. Lodged: 11th January 2008.

Deputy of St. Martin.

Draft Public Elections (Amendment No. 3) (Jersey) Law 200- (P.2/2008): P.2/2008. amendment (P.2/2008 Amd.) – comments. Amd.Com. Presented: 12th February 2008.

Privileges and Procedures Committee.

Re-use and Recycling facilities: capital and revenue funding. P.7/2008. Lodged: 15th January 2008.

Deputy J.B. Fox of St. Helier.

Re-use and Recycling facilities: capital and revenue funding (P.7/2008) – P.7/2008. comments. Com. Presented: 22nd February 2008.

Minister for Transport and Technical Services.

Waterfront Skateboard and Youth and Community Centre. P.8/2008. Lodged: 15th January 2008. (re-issue) Deputy J.B. Fox of St. Helier.

Goods and Services Tax: restriction on amendment of 3% rate. P.19/2008. Lodged: 29th January 2008.

Deputy G.P. Southern of St. Helier.

Goods and Services Tax: restriction on amendment of 3% rate (P.19/2008) – P.19/2008. comments. Com. Presented: 21st February 2008.

Minister for Treasury and Resources.

Manual Workers' Joint Council: Employers' Side Membership. P.24/2008. Lodged: 8th February 2008.

Chief Minister.

Draft Distance Selling (Jersey) Law 2007 (Appointed Day) Act 200-. P.26/2008. Lodged: 12th February 2008.

Minister for Economic Development.

13. ARRANGEMENT OF PUBLIC BUSINESS 11th March 2008

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

Minister for Treasury and Resources.

Draft Public Elections (Amendment No. 2) (Jersey) Law 2008 (Appointed Day) P.12/2008. Act 200-.

Lodged: 25th January 2008.

Privileges and Procedures Committee.

Draft Public Elections (Amendment No. 2) (Jersey) Regulations 200-. P.13/2008. Lodged: 25th January 2008.

Privileges and Procedures Committee.

Draft Price Indicators (Jersey) Regulations 200-. P.14/2008. Lodged: 28th January 2008. (re-issue) Minister for Economic Development.

Draft Price Indicators (Jersey) Regulations 200- (P.14/2008): amendments. P.14/2008. Amd. Lodged: 6th February 2008.

Senator L. Norman.

Draft Harbours (Amendment No. 41) (Jersey) Regulations 200-. P.15/2008. Lodged: 29th January 2008.

Minister for Economic Development.

Draft Boats and Surf-Riding (Control) (Amendment No. 27) (Jersey) P.16/2008. Regulations 200-.

Lodged: 29th January 2008.

Minister for Economic Development.

Draft Goods and Services Tax (International Services Entities) (Jersey) P.10/2008. Regulations 200-.

Lodged: 15th January 2008.

Minister for Treasury and Resources.

Draft Goods and Services Tax (Amendment) (Jersey) Law 200-. P.17/2008. Lodged: 29th January 2008.

Minister for Treasury and Resources.

Draft Civil Aviation (Jersey) Law 200-. P.18/2008. Lodged: 29th January 2008.

Minister for Home Affairs.

Rear seat-belts and child booster seats. P.27/2008. Lodged: 12th February 2008.

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

Jersey Charities Commission: Feasibility Study. P.28/2008. Lodged: 12th February 2008.

Deputy I.J. Gorst of St. Clement.

Appointments Commission: re-appointment of member. P.30/2008. Lodged: 19th February 2008.

Chief Minister.

1st April 2008

Jersey Enterprise Board Limited: proposed establishment. P.194/2007. Lodged: 19th December 2007.

Council of Ministers.

Jersey Enterprise Board Limited: proposed establishment (P.194/2007) – P.194/2007. amendment. Amd. Lodged: 28th December 2007.

Deputy J.B. Fox of St. Helier.

Jersey Enterprise Board Limited: proposed establishment (P.194/2007) – third P.194/2007. amendment. Amd.(3) Lodged: 19th February 2008.

Public Accounts Committee.

Millennium Town Park: Funding from Strategic Reserve. P.1/2008. Lodged: 3rd January 2008.

Deputy G.P. Southern of St. Helier.

Draft Export Control (Jersey) Law 200-. P.21/2008. Lodged: 5th February 2008.

Minister for Home Affairs.

Draft Employment of States of Jersey Employees (Amendment No. 3) (Jersey) P.22/2008. Regulations 200-.

Lodged: 5th February 2008.

Chief Minister.

Draft Act annulling the Motor Vehicles (Construction and Use) (Amendment P.23/2008. No.  9) (Jersey) Order 2007.

Lodged: 6th February 2008.

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

Draft Political Parties (Registration) (Jersey) Law 200-. P.25/2008. Lodged: 8th February 2008.

Privileges and Procedures Committee.

Draft Proceeds of Crime (Supervisory Bodies) (Jersey) Law 200-. P.29/2008. Lodged: 18th February 2008.

Minister for Economic Development.

Draft Customs and Excise (Amendment No. 5) (Jersey) Law 200-. P.31/2008. Lodged: 19th February 2008.

Minister for Treasury and Resources.

M.N. DE LA HAYE Greffier of the States

21st February 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 27th and Thursday 28th February 2008.

Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)

R&O.24/2008.

This Order specifies dates and times when the Sorel Point loop road (otherwise known as the Ronez loop road) may be closed to normal traffic, and used, by the Jersey Kart and Motor Club for the purposes of "kart" races and practices.

The Order was made on 11th February 2008 and came into force immediately. R&O.26/2008.

This Order amends the Money Laundering (Jersey) Order 2008 ("principal Order"). The main purpose of the amendments is to make provision for businesses that become subject to the requirements of the principal Order on or after 19th February 2008, the date that the Proceeds of Crime (Substitution of Schedule 2) (Jersey) Regulations 2008 ("Regulations") come into force. Those Regulations add several new categories of business to Schedule 2 to the Proceeds of Crime (Jersey) Law 1999 ("Law"). The Order also amends the requirements in respect of persons who have business relationships that started either before the principal Order came into force on 4th February 2008 or that started between that date and 19th February 2008, the date that this Order comes into force.

Article 1 is an interpretation provision.

Article 2 inserts a definition of "Law" in the principal Order to mean the Proceeds of Crime (Jersey) Law 1999.

Article 3 amends the principal Order by inserting a definition of a one-off transaction for the purposes of operating a casino. A one-off transaction is defined to mean a single transaction or two or more linked transactions amounting to not less than 3,000 euros.

Article 4 amends the principal Order in relation to the customer due diligence requirements with which a relevant person must comply in respect of –

1. business  relationships started before the principal Order came into force on 4th February 2008; and
2. business  relationships started before 19th February 2008 in respect of businesses that became subject to the requirements of the principal Order on or after that date.

Article 5 amends the principal Order in respect of the categories of business where the requirement to terminate a business relationship or not carry out or complete a one-off transaction if that person does not complete specified customer due diligence procedures does not apply. Such categories of business are aligned with the categories of business as described in Schedule 2 to the Law on the date the Regulations come into effect. Broadly these are the businesses of providing legal or accountancy services and the exemption applies where the relevant person is acting for a client in connection with legal proceedings.

Article 6 amends the principal Order so that a person carrying on certain categories of business described in Schedule 2 to the Law is not required to verify identity in certain circumstances. Those categories of business are broadly the businesses of providing legal or estate agency services and apply where the relevant person is acting for a client for the purposes of a housing contract to be passed before the Royal Court and registered in the Public Registry of Contracts.

Article 7 amends the principal Order by inserting an interpretation provision into Part 4 of that Order. The provision defines "relevant person" for the purpose of applying the record keeping requirements in the principal Order to include a person who was formerly a relevant person.

Articles 8 and 9 amend the principal Order so as to ensure that records that were required to be kept under the Money Laundering (Jersey) Order 1999 and held immediately before 19th February 2008 are subject to the record keeping requirements of the principal Order.

Article 10 amends the principal Order so as to exempt certain categories of business in certain circumstances from maintaining procedures that require reports of suspected money laundering to be passed to a designated police or customs officer. Broadly these are the businesses of providing legal or accountancy services and the exemption applies where the relevant person is acting for a client in connection with legal proceedings.

Article  11  amends  the  principal  Order  by  disapplying  the  requirements  in  the  principal  Order  to  certain businesses  described  in  Schedule  2  to  the  Law  before  1st  May  2008.  Those  businesses  are  broadly  the businesses of providing legal services and tax advice.

Article 12 cites the title of the Order and provides that it comes into force on 19th February 2008. The Order was made on 13th February 2008 and came into force on 19th February 2008.

R&O.27/2008.

This Order increases, by 20.69%, the remuneration payable to members of the Mental Health Review Tribunal. The increase applies to remuneration payable on and from 1st January 2007. The last increase applied from 1st January 2002.

The Order was made on 15th February 2008 and came into force on 22nd February 2008. R&O.28/2008.

This Order specifies certain schemes or arrangements, referred to here as "unregulated funds", that are to fall outside the scope of the Collective Investment Funds (Jersey) Law 1988.

Article  1 sets out a number of defined terms.

Article 2 prescribes, under Article 3(7) of theCollective Investment Funds (Jersey) Law 1988, each of the following as a scheme or arrangement that is not to constitute a collective investment fund for the purposes of that Law –

an unregulated eligible investor fund; an unregulated exchange-traded fund.

Article  3 requires the registrar to acknowledge receipt of a notification that an unregulated fund has been created.

Article  4 provides for the citation and commencement of the Order.

Schedule  1 sets out the conditions that an unregulated eligible investor fund must meet:

the fund does not already exist and meets certain structural criteria (paragraph 1),

a Jersey functionary that provides services to the fund is registered under the Financial Services

(Jersey) Law 1998 (paragraph  2),

 notice of the creation of the fund is given to the registrar of companies (paragraph 3),

units can only be subscribed by eligible investors (defined in paragraph 6) who sign a declaration

about their awareness of the risks of investing in the fund (paragraph 4; Schedule 3),

 certain limitations are placed on the trading of units in the fund (paragraph 5; Schedule 3),

an investm ent manager who invests in the fund on behalf of other persons must be sure that those

persons are suitable investors and are able to bear the risks involved (paragraph  7),

these conditions must be continuously respected (paragraph 8).

Schedule 2 sets out the conditions that an unregulated exchange-traded fund must meet:

the fund does not already exist and meets certain structural criteria (paragraph 1),

a Jersey functionary that provides services to the fund is registered under the Financial Services

(Jersey) Law 1998 (paragraph  2),

 notice of the creation of the fund is given to the registrar of companies (paragraph 3), listing of units in the fund can only be on an exchange specified in Schedule 4,

an offer document must carry a specified warning (paragraph 5),

these conditions must be continuously respected (paragraph 6).

Schedule 3 sets out the warning referred to in Schedule  1.

Schedule 4 lists the stock exchanges referred to in Schedule  2.

The Order was made on 18th February 2008 and came into force on 19th February 2008.

R&O.29/2008.

This Order amends the Control of Borrowing (Jersey) Order 1958 in order to allow certain offers to be circulated without the need for the consent of the Jersey Financial Services Commission.

The offers concerned are offers to subscribe to unit trust schemes that are governed by foreign law and meet the requirements of the Collective Investment Funds (Unregulated Funds) (Jersey) Order 2008.

The Order was made on 18th February 2008 and came into force on 19th February 2008. R&O.30/2008.

This Order amends the Companies (General Provisions) (Jersey) Order 2002 so that prospectuses relating to unregulated funds will not be regulated under that Order.

The Order was made on 18th February 2008 and came into force on 19th February 2008. R&O.31/2008.

This Order increases, by approximately 2.5%, the fees payable in respect of licences issued under the Animal Welfare (Jersey) Law 2004. The fees have not been increased since their introduction on 1st February 2007.

The Order was made on 21st February 2008 and comes into force on 28th February 2008. R&O.32/2008.

This Order has the effect that the use of Alphachloralose shall no longer be prohibited by Article 7 of the Animal Welfare (Jersey) Law 2004.

The Order was made on 21st February 2008 and comes into force on 28th February 2008.

WRITTEN QUESTIONS (See Item I(a))

1. The Minister for Housing will table an answer to the following question asked by Deputy P.V.F. Le Claire of St. Helier –

1. W hat documentation does a qualified islander need to be given from the Housing Department to be able to prove that they have their housing qualifications?
2. How many people have qualified for housing purposes in the last 3 years in each of the different categories?
3. W ill the Minister agree to update members on a 6 monthly basis as to the numbers in each category?

2. T he Chairman of the Executive Committee of the Commonwealth Parliamentary Association will table an answer to the following question asked by Deputy P.V.F. Le Claire of St. Helier –

1. W ould the Chairman advise members how many delegations from Jersey have attended Commonwealth Parliamentary Association (CPA) conferences and seminars in the past 6 years?
2. W ho attended as delegates, where did they attend and what did attendance at these events cost?
3. How are selections of delegates made under current rules and what was the recent application of those rules in this regard by the Executive Committee?
4. W hat CPA events will Jersey delegations be attending in 2008, what are the themes of these events and which delegates have been selected to attend?
5. W hat is the anticipated cost of attending the 2008 conferences and how will these costs be met?
6. Are the accounts of the Jersey Branch available for inspection and, if so, where can they be inspected and who is entitled to view them?

3. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

1. W ill the Minister inform members what budget limit he proposes to set as Annual Business Plan targets for public sector pay awards for 2009?
2. Given   that the full impact of GST will be reflected in the March 2009 figures, are the proposed limits to be based on RPI, RPI(X) or the new index CPI and, if there is a proposed change from current practice, will he state why?
3. Doe   s the setting of a target constitute a policy of wage restraint which has not received specific approval from the Assembly and, if so, will he bring the matter to the States for debate?

4. The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

Would the Chief Minister inform members whether he accepts the comments of OXERA on page 19 of the report entitled What is the impact of Jersey's ageing population' that growing the economy by increasing the proportion of workers in the financial services sector to its maximum of around 40% is inadvisable since "the resulting economy would be very one-sided, and given the current reliance of the sector on temporary residents to satisfy its skill mix needs, it is likely that such an economy would not provide a good match for the labour skills and desires of the current and future permanent residents." and, if not, would he explain why?

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

St. Helier –

In light of the figures given in his written answer on 12th February 2008 which showed an average monthly demand over the past year for 106 three bedroom social rental homes, would the Minister state whether or not he has assured the Minister for Planning and Environment, as stated by that Minister, that there is no demand for such accommodation?

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

1. F urth er to his written answer of 12th February 2008 would the Minister state whether he is aware of any other jurisdictions which have employment legislation equivalent to paragraph 38 of Code 2 and Article 5(3) of the Employment Relations Law, which make provision regarding States employees and secondary action such as define certain actions as secondary even though all workers are employed by a single body namely the States Employment Board?
2. Notw ithstanding his written answer to part 6 of the above questions, would the Minister confirm that he is responsible for putting the codes of conduct attached to the Employment Relations Law into effective practice and, if so, will the Minister inform members what action, through JACS or the States Employment Board or otherwise, he will take to ensure that appropriate minimum service agreements are established in all areas deemed to be essential services covered by Articles 31 to 35 of Code 2 and, if none, will he explain why?

7. The Minister for Planning and Environment will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

1. In answer to a written question on 12th February 2008 the Minister stated that "Adopting the Jersey Homebuy scheme proposed enables those people who cannot afford to acquire first-time buyer homes at the market rate to purchase their own home. In the absence of such a scheme, they will have to rent property in the local market which would include the social rented sector", implying that the proposed "Jersey Homebuy" scheme would be open to those who would normally be in the social rental sector. Would the Minister state whether or not this is indeed the case?
2. W ill the Minister give realistic estimates of how much money will be released over the longer term into the provision of additional housing from the 35% of the resale price of the "Jersey Homebuy" houses and state when it is anticipated that such sums will be realised?

8. The Minister for Planning and Environment will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

Would the Minister accept that the current housing problems, with significant increases in house prices, can only be solved by an overall increase in supply in all sectors of the market, that is, both rental and for purchase?

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

1. In a written answer on 12th February 2008 the Minister for Planning and Environment stated that Minister for Housing will operate the gateway. The gateway will assess applicants and will categor applicants as being eligible or not for Jersey Homebuy. Financial limits have not yet been set and results of this consultation and the recent Housing Needs Survey are awaited in order that maximum income levels can be established." Will the Minister inform members what role the Hou Needs Survey will play in setting the boundaries for the "gateway"?
2. Is the Minister yet able to set out for members the proposed income boundaries between those who fall into the categories being proposed through the "gateway" of those –

1. unable to buy at all, and eligible for social rental housing;
2. who do not qualify for the above, but are unable to buy on the open first time buyer market qualify for "Jersey Homebuy"; and
3. who are able to enter the first time buyer market unaided;

for the following categories –

Single persons;

Married couples;

Married couples with children;

and, if not, when does he anticipate that precise figures will be agreed?

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

1. In view of the fact that Table 6.2 of the Jersey Annual Social Survey (JASS) indicates that less that 60% of users rate the housing maintenance service as Very Good' or Good' is the Minister satisfied that this finding is an accurate reflection of the service provided?
2. W o uld the Minister provide details of the sums allocated to, and spent on, repair and maintenance, in both emergency and routine categories, in each of the past 8 years? What sums does the Minister plan to allocate in the forthcoming Annual Business Plan 2009?
3. Doe s the Minister intend to take any steps to improve the rating shown in the JASS and, if so, would he specify what these steps will be and the timescale envisaged? Does the Minister intend to take any steps to increase the monitoring of the quality of work undertaken by outsourced repair and maintenance contractors?
4. W ill the Minister undertake to lift any ban on repair work for those tenants who are in rental arrears to ensure that States properties do not suffer further unnecessary deterioration?

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

1. Do es the Minister have any plans to amend the current statutory provisions linking increases in pensions to the Average Earnings Index and will he undertake to review the position if the Average Earnings Index falls behind the Retail Price s Index, to ensure that pensioners are not made worse off relative to RPI, or RPI (pensioner), in 2008 or 2009?
2. W hat are the Minister's intentions with regard to other benefits which unlike pensions are not linked to the Average Earnings Index?

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

Would the Chairman state the fee paid to the facilitator for the recent "What is Scrutiny?" seminar?

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

During the research undertaken in connection with the preparation of R.9/2008 entitled Status of Channel Islanders in the European Union' did the Chief Minister's Department receive any evidence of Islanders whose applications for work permits had been refused as a result of the Channel Islander status stamp in their passport?

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

Would the Chief Minister outline the progress to date, if any, with reviewing and implementing the proposals contained in the Jersey Law Commission Consultation Paper 7(B) entitled The Jersey Law of Charities'?

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

Would the Minister advise members of the average cost to his Department and/or the Health Insurance Fund each prescription dispensed by a pharmacy (excluding the cost of the medicines)?

16. The Minister for Health and Social Services will table an answer to the following question asked by Deputy G.C.L. Baudains of St. Clement –

Would the Minister advise members of the average cost of dispensing a prescription (excluding the cost of medicines) to outpatients at the General Hospital?

17. The Minister for Home Affairs will table an answer to the following question asked by Deputy I.J. Gorst of St. Clement –

Would the Minister explain the current policy, if any, regarding the tagging' of convicted criminals who been recommended for deportation at the end of their sentence? Can she also state whether this policy conveyed to the prisoners concerned and, if so, how this is done?

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

1st Session –