Order Paper 29th April 2008

STATES OF JERSEY ORDER PAPER

Tuesday 29th April 2008

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

(Explanatory note attached)

Companies (General Provisions) (Amendment No.  3) (Jersey) Order 2008. R&O.49/2008. Minister for Economic Development.

Collective Investment Funds (Unclassified Funds) (Prospectuses) R&O.50/2008. (Amendment No.  5) (Jersey) Order 2008.

Minister for Economic Development.

Collective Investment Funds (Permits) (Exemptions) (Amendment No.  3) R&O.51/2008. (Jersey) Order 2008.

Minister for Economic Development.

Financial Services (Amendment of Schedule  2 to Law) (Jersey) Order 2008. R&O.52/2008. Minister for Economic Development.

Financial Services (Trust Company Business) (Exemptions No.  2)) R&O.53/2008. (Amendment) (Jersey) Order 2008.

Minister for Economic Development.

Financial Services (Trust Company Business (Exemptions)) (Amendment R&O.54/2008. No.  3) (Jersey) Order 2008.

Minister for Economic Development.

Control of Borrowing (Amendment No.  13) (Jersey) Order 2008. R&O.55/2008. Minister for Economic Development.

Road Traffic ( St. Helier ) (Amendment No. 22) (Jersey) Order 2008. R&O.58/2008. Minister for Transport and Technical Services.

Road Traffic (Disabled Persons) (Parking) (Amendment No. 7) (Jersey) Order. R&O.59/2008. Minister for Transport and Technical Services.

Road Racing (Hill Climbs and Sprint) (No. 2) (Jersey) Order 2008. R&O.60/2008. Minister for Transport and Technical Services.

3. DOCUMENTS PRESENTED OR LAID

Jersey Enterprise Board Limited: proposed establishment (P.194/2007) – P.194/2007. amendment – (P.194/2007  Amd.) – comments. Amd.Com. Presented: 11th April 2008.

Minister for Treasury and Resources.

Jersey Competition Regulatory Authority: Annual Report 2007. R.29/2008. Presented: 7th April 2008.

Minister for Economic Development.

Code of Practice for Scrutiny Panels and the Public Accounts Committee. R.30/2008. Presented: 8th April 2008.

Chairmen's Committee.

States' Spending Review 2008: Pension schemes for States' employees – R.31/2008. governance.

Presented: 10th April 2008.

Comptroller and Auditor General.

States' Spending Review 2008: Pension schemes – status. R.32/2008. Presented: 10th April 2008.

Comptroller and Auditor General.

States' Spending Review 2008: Pension schemes – liabilities. R.33/2008. Presented: 10th April 2008.

Comptroller and Auditor General.

Land Transactions under Standing Order 168(3) – R.34/2008.

1. 20 LaRuede Carteret, RuedePres, St.  Saviour – Assisted HousePurchase

property;

2. Villa Rose, LeChemin du Moulin,St. Ouen – Assisted HousePurchase

property.

Presented: 10th April 2008.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – La Route de la Hougue Bie, R.35/2008. St.  Saviour – purchase of land from Darrias Limited.

Presented: 15th April 2008.

Minister for Treasury and Resources.

Strategic Plan: progress against initiatives as at 31st December 2007. R.36/2008. Presented: 16th April 2008.

Council of Ministers.

Public Sector Manpower Report: December 2007. R.37/2008. Presented: 23rd April 2008.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – S13 South Pier Shipyard, R.38/2008. South Pier, St.  Helier – lease.

Presented: 23rd April 2008.

Minister for Treasury and Resources.

Prison Board of Visitors: report for 2007. R.39/2008. Presented: 24th April 2008.

Minister for Home Affairs.

4. NOTIFICATION OF LODGED PROPOSITIONS

Jersey Enterprise Board Limited: proposed establishment (P.194/2007) – P.194/2007. amendment (P.194/2007  Amd.) – amendment. Amd.Amd. Lodged: 9th April 2008.

Deputy J.B. Fox of St. Helier.

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

Minister for Home Affairs.

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

Minister for Home Affairs.

Health and Safety Appeal Tribunal: appointment of members. P.56/2008. Lodged: 7th April 2008.

Minister for Social Security.

Drainage Law: service of notices on owners. P.57/2008. Lodged: 9th April 2008.

Senator B.E. Shenton.

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

Minister for Planning and Environment.

Draft Regulation of Investigatory Powers (British Broadcasting Corporation) P.59/2008. (Jersey) Regulations 200-.

Lodged: 16th April 2008.

Minister for Home Affairs.

Esplanade Quarter, St.  Helier: Masterplan. P.60/2008. Lodged: 16th April 2008.

Council of Ministers.

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

Minister for Home Affairs.

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

Draft Non-Profit Organizations (Jersey) Law 200-. P.63/2008. Lodged: 22nd April 2008.

Council of Ministers.

Rent Control Tribunal: appointment of members. P.64/2008. Lodged: 25th April 2008.

Minister for Housing.

5. WITHDRAWAL OF LODGED PROPOSITIONS
6. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

Resignation of Senator Stuart Syvret from the Bailiff 's Consultative Panel.

7. MATTERS OF PRIVILEGE
8. PETITIONS
9. QUESTIONS

1. – Written Questions

(attached)

1. H.M. Attorney General will tableananswer to a questionaskedby Deputy G.P. Southern of St. Helier regarding the legal position oftheStatesofJersey with respect to its employees undertheEmployment Relations (Jersey) Law 2007 and its codesof practice.
2. The Minister forTransportandTechnical Services willtable an answerto a questionaskedby Deputy P.V.F.Le Claire ofSt. Helier regarding the amountspent on road safety improvements over thelastthree years.
3. The Minister forEconomicDevelopment will tableananswerto a questionaskedby Deputy G.CL. Baudains of St. Clement regarding the master planning exercise relating to the fuel farm.
4. The Minister for TransportandTechnicalServices will table an answer to a questionaskedby Deputy G.CL.Baudains of St. Clement regarding the Connexbus service contract.
5. The Minister for TransportandTechnicalServices will table an answer to a questionaskedby Deputy G.CL.Baudains of St. Clement regarding the resurfacing ofSt. Clemen'ts coastroad.
6. The Chief Minister will tableananswer to a questionaskedby Deputy G.CL.Baudains of St. Clementregardingmeetingsto discuss theHautde la Garenneissue.
7. The Chief Minister will table ananswer to a questionaskedby Deputy G.CL. Baudains of St. ClementregardingtheTownRegeneration Strategy.
8. The Minister for EconomicDevelopment will table an answer to a question askedby Deputy G.CL. Baudains of St. Clement regarding support for economic diversification.
9. The Minister for EconomicDevelopment will table an answer to a question askedby Deputy S.S.A.P. Powerof St. Brelade regarding milk importation.

11. The Minister for TransportandTechnicalServices will table an answerto a questionaskedby Deputy S.S.A.P. Power of St. Brelade regarding the annulment of the Motor Vehicles (Construction and Use) (AmendmentNo. 9) (Jersey) Order 2007.
12. The Minister forHome Affairs will table an answerto a questionaskedbythe Connétable of St. John regarding police and civilian staffnumbers.
13. The Minister for Health andSocial Services willtableananswer to a questionaskedby Deputy S.S.A.P.Powerof St. Brelade regarding the time limits forabortions.
14. The Minister for Home Affairs will table an answer to a questionaskedby Deputy S.S.A.P. Power of St. Breladeregardingtheuse of Victoria Avenue's overtaking lanes.
15. The Chief Minister will tableananswerto a questionaskedby Deputy D.W. Mezbourian of St. Lawrence regarding staffsuspensions.
16. The Minister for Home Affairs will table an answer to a questionaskedby Senator S.Syvret regarding the issue ofwarrants.
17. H.M. Attorney General will table an answer to a question asked bySenatorS.Syvretregarding conflicts of interest.
18. The Minister for Home Affairs will tableananswerto a question asked bySenatorS.Syvret regarding prosecutions relating to childabuse cases.

18. The Chief Minister will tableananswer to a questionaskedby Deputy G.P. Southern of St.  Helier regarding statements madeafter the ImagineJerseyevent.
19. The Minister for SocialSecurity will table ananswer to a question asked by Deputy G.P. Southern of St.  Helier regarding  GP charges and  the impact of the removal of transition support.
20. The Chief Minister will table an answer to a questionaskedby Deputy S. Pitman of St.  Helier regarding the Community Relations Trust.
21. The Minister for Health andSocial Services willtableananswer to a questionaskedby Deputy R.G.Le Hérissier ofSt. Saviour regarding the running costsofGreenfields.
22. The Minister for Home Affairs will table an answerto a question askedby Deputy R.G.Le Hérissier of St.  Saviourregardingtheuseof film and photography footage ofpublic events.
23. The Minister for Health andSocial Services willtableananswer to a questionaskedby Deputy R.G.Le Hérissier ofSt. Saviour regarding waiting times.

2. – Oral Questions (90 minutes)

1. The Connétable of St. Helier will ask the following question of the Minister for Planning and Environment –

"W ill the Minister explain the reasons behind his decision to approve a large residential

development on the headland above Portelet against the recommendation of his senior planning officers and in spite of opposition from the National Trust and other bodies?"

2. Deputy SeanSeamusAugustine Power ofSt. Brelade will askthefollowingquestion of the Minister for EconomicDevelopment –

" W ould the Minister confirm whether a panel member of the Tourism Development Fund presented a grant application on the 28th November 2007, for an organisation he is closely involved with in a management capacity, and if so, whether this was considered appropriate and when the minutes of that meeting will be signed and posted on the Tourism Development Fund section of the www.jersey.com website?"

3. The Deputy of St. John will ask the following question of the Minister for Treasury and Resources –

" G iven recent market turbulence, would the Minister advise as to how frequently the asset values and future return expectations of the Strategic Reserve are reviewed in terms of risk and reward, how appropriate diversification of risk is maintained, and the process by which the best possible investment managers are selected?"

4. Deputy S.PitmanofSt.Helier will ask the followingquestionof the Minister for Education, Sport andCulture –

" W hat work, if any, has the Minister for Education, Sport and Culture undertaken to ensure that uniform requirements in Island schools are affordable?"

5. Deputy G.P. Southern of St. Helier will ask the followingquestionofthe Minister for Social Security –

" W ill the Minister inform members whether utility bills are excluded from special payments for those on Income Support, and if so, what justification can he offer for this exclusion?"

6. Deputy R.G.LeHérissierofSt.Saviour will ask the following question of the Minister for Transport and TechnicalServices–

" W ill the Minister be extending the current contract of Connex to provide Public Transport Services or will he be going to public tender?"

7. Deputy S.S.A.P.PowerofSt. Brelade will ask the following questionof the Minister forHome Affairs –

" G iven that the States of Jersey Police have confirmed that the fragment of skull found at Haut de la Garenne is possibly over 50 years old, would the Minister now agree that the statement made by the Deputy Chief of Police on 23rd February 2008, referring to finding what appeared to be the partial remains of a child, was an inappropriate summary of the situation at that time?"

8. Deputy R.G.Le Hérissier of St.  Saviour will ask the following questionof the Minister for Planning andEnvironment –

" W ill the Minister identify what measures, if any, he is planning to introduce to improve the way in which applications for large projects are handled?"

9. The Connétable of Grouville will ask the following questionof the Minister forPlanningand Environment –

" F ollowing the speech to the Chamber of Commerce by Mr M. Liston and demands from members of this Assembly over the last 2 years, will the Minister now put in place a plan to take advantage of the opportunities being offered by the advance in technology of tidal power as shown by the Alderney Group?"

10. Deputy P.V.F.Le Claire of St. Helier will ask the following questionof the Chief Minister –

" F ollowing my question on 1st April 2008, would the Chief Minister advise whether the period of time that new European Union accession country citizens work in the Island under a permit scheme will count towards the five year residency requirement for open employment and if not, would he outline the current accepted policy?"

11. The Deputy of Trinity will ask the following questionof the Minister for Health and Social Services –

" W ould the Minister inform the Assembly where the longstanding nursing team on Chevalier Ward is to be deployed?"

12. Deputy S.Pitmanof St. Helier will ask the followingquestionof the Minister for Transport and TechnicalServices –

" W ould the Minister advise whether Connex buses are now, when refurbished, required to be fitted with seatbelts, and if so, could he confirm whether the latest Connex buses to be refurbished were indeed fitted with seatbelts?"

13. The Deputy ofSt.Martin will askthefollowingquestionof the Minister forHome Affairs –

" W ill the Minister provide an update on the progress of the draft Sexual Offenders Law and advise who it is proposed will be responsible for deciding who should be included on the

Sexual Offender's Register, who will be carrying out risk assessments and how the process will be

monitored?

14. Deputy K.C. Lewis of St. Saviour will ask the following question of the Chief Minister –

" W  ould the Chief Minister inform members of the actual population of Jersey as of March 2008?"

15. Deputy J.J. Huet of St. Helier will ask the followingquestionoftheChairmanof the Jersey Executive Branch of the CommonwealthParliamentaryAssociation -

" W  ill the Chairman confirm whether complaints of bad behaviour were received by the Jersey Executive Branch of the Commonwealth Parliamentary Association concerning one of the Jersey delegates attending a conference in 2007, and if so, would he explain to Members how the Executive Committee dealt with these complaints and what action, if any, was taken against the States Member concerned?"

16. Deputy of St. Martin will ask the followingquestionofthe Minister for Home Affairs –

" W  hat steps, if any, has the Minister taken to heal the rift between Customs Officers and the Police, which allegedly impacted upon the amount of successful drugs seizures last year, and will she assure Members that morale amongst Customs' staff is sufficiently high to ensure that our Ports remain an efficient barrier to drug importers?"

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

" T he Labour Market figures reveal that total employment at December 2007 stood at 53,040, a rise of 3,900 since December 2004. Will the Chief Minister explain why these figures are so different from the stated targets in the Strategic Plan 2006 -11 of 2% economic growth with 1% job growth and does he intend to take measures to achieve these targets and if so, what measures, and in what timescale?"

18. Deputy K.C. Lewis of St.Saviour will ask the followingquestionofthe Minister for Treasury and Resources –

" F rom May 6th what portion of motor fuel will incur Goods and Services Tax?"

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

1 s t q u e stion period – Minister for Home Affairs

2 n d q u estion period – Minister for Housing

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

Draft Health Implementation (Jersey) Law 200-. P.34/2008. Lodged: 26th February 2008.

Minister for Health and Social Services.

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

Lodged: 6th March 2008.

Minister for Economic Development.

Health Services Disciplinary Tribunal: constitution and appointment of P.37/2008. Members.

Lodged: 11th March 2008.

Minister for Social Security.

Draft Harbours (Amendment No.  41) (Jersey) Regulations 200-. P.39/2008. Lodged: 11th March 2008.

Minister for Economic Development.

Draft Goods and Services Tax (Amendment) (Jersey) Regulations 200-. P.42/2008. Lodged: 12th March 2008.

Economic Affairs Scrutiny Panel.

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

Lodged: 14th March 2008.

Chief Minister.

Draft Centeniers (Terms of Office) (Amendment) (Jersey) Law 200-. P.44/2008. Lodged: 18th March 2008.

Comité des Connétable s.

Draft Financial Services (Amendment of Law) (No.  3) (Jersey) Regulations P.45/2008. 200-.

Lodged: 18th March 2008.

Minister for Economic Development.

Working Party to Review Appropriateness of Departmental Structure. P.49/2008. Lodged: 20th March 2008.

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

Chief Minister election: advance notice of intention to stand. P.52/2008. Lodged: 1st April 2008.

Deputy S. Pitman of St. Helier .

In accordance with Standing Order 32, the Minister for Social Security has

given notice that he will propose that the following matter be included under

public business at the present meeting –

Health and Safety Appeal Tribunal: appointment of members. P.56/2008. Lodged: 7th April 2008.

Minister for Social Security.

13. ARRANGEMENT OF PUBLIC BUSINESS

13th May 2008

Committee of Inquiry into the operation of Third Party Planning Appeals. P.35/2008. Lodged: 26th February 2008.

Deputy C.J. Scott Warr en of St.  Saviour.

Committee of Inquiry into the operation of Third Party Planning Appeals P.35/2008. (P.35/2008): comments. Com. Presented: 1st April 2008.

Minister for Treasury and Resources.

Family Nursing and Home Care Debt. P.46/2008. Lodged: 19th March 2008.

Minister for Treasury and Resources.

Channel Islands Lottery: Allocation of a percentage of profits for 2007-2008. P.47/2008. Lodged: 20th March 2008.

Minister for Economic Development.

Draft Legal Deposit (Jersey) Law 2007 (Appointed Day) Act 200-. P.50/2008. Lodged: 28th March 2008.

Minister for Education, Sport and Culture.

Draft Legal Deposit (Jersey) Regulations 200-. P.51/2008 Lodged: 28th March 2008.

Minister for Education, Sport and Culture.

Draft Civil Aviation (Jersey) Law 200-. P.53/2008. Lodged: 1st April 2008.

Council of Ministers.

Rent Control Tribunal: appointment of members. P.64/2008. Lodged: 25th April 2008.

Minister for Housing.

3rd June 2008

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.

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) – P.194/2007. amendment – (P.194/2007  Amd.) – comments. Amd.Com. Presented: 11th April 2008.

Minister for Treasury and Resources.

Jersey Enterprise Board Limited: proposed establishment (P.194/2007) – P.194/2007. amendment (P.194/2007  Amd.) – amendment. Amd.Amd. Lodged: 9th April 2008.

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.

Millennium Town Park: Funding from Strategic Reserve (P.1/2008) – P.1/2008. comments. Com. Presented: 26th February 2008.

Minister for Treasury and Resources.

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

Deputy of Grouville .

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

Minister for Home Affairs.

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

Minister for Home Affairs.

Drainage Law: service of notices on owners. P.57/2008. Lodged: 9th April 2008.

Senator B.E. Shenton.

Draft Regulation of Investigatory Powers (British Broadcasting Corporation) P.59/2008. (Jersey) Regulations 200-.

Lodged: 16th April 2008.

Minister for Home Affairs.

Esplanade Quarter, St.  Helier: Masterplan. P.60/2008. Lodged: 16th April 2008.

Council of Ministers.

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

Minister for Home Affairs.

Draft Non-Profit Organizations (Jersey) Law 200-. P.63/2008. Lodged: 22nd April 2008.

Council of Ministers.

17th June2008

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

1st July 2008 15th July 2008

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

Minister for Planning and Environment.

M.N. DE LA HAYE Greffier of the States

24th April 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 30th April 2008 and Thursday 1st May 2008.

Explanatory Note regarding subordinate legislation tabled at this meeting.

(See Item B)

R&O.49/2008.

This Order amends the exemption from the requirements for the circulation of prospectuses relating to securities in or membership of a company consequentially upon the commencement of the Collective Investment Funds (Amendment No.  4) (Jersey) Law 2008 under which a company issuing units that is an unclassified fund will be required to hold a certificate, instead of a permit.

The Order was made on 2nd April 2008 and came into force on 4th April 2008. R&O.50/2008

The amendments made by this Order are consequential upon the commencement of the Collective Investment Funds (Amendment No.  4) (Jersey) Law 2008, under which a certificate is required in respect of an unclassified fund instead of a permit.

The Order was made on 2nd April 2008 and came into force on 4th April 2008. R&O.51/2008.

This Order repeals an exemption from the requirement to hold a permit under the Collective Investment Funds (Jersey) Law 1988 consequentially upon the commencement of the Collective Investment Funds (Amendment No.  4) (Jersey) Law 2008.

The Order was made on 2nd April 2008 and came into force on 4th April 2008. R&O.52/2008.

This Order amends the Financial Services (Jersey) Law 1998 consequentially upon the commencement of the Collective Investment Funds (Amendment No.  4) (Jersey) Law 2008, under which a company issuing units that is an unclassified fund will be required to hold a certificate, instead of a permit.

The Order was made on 2nd April 2008 and came into force on 4th April 2008. R&O.53/2008.

The amendments made by this Order are consequential upon the commencement of the Collective Investment Funds (Amendment No.  4) (Jersey) Law 2008, under which certificates are required to be held in respect of unclassified funds.

The Order was made on 2nd April 2008 and came into force on 4th April 2008. R&O.54/2008.

This Order amends the exemption from the Financial Services (Jersey) Law 1998 for companies issuing units that are unclassified funds consequentially upon the amendments to the Collective Investment Funds (Jersey) Law 1988 whereby such companies are required to hold a certificate under that Law, instead of a permit.

The Order was made on 2nd April 2008 and came into force on 4th April 2008.

R&O.55/2008.

This Order exempts the acts and transactions of certain holders of permits or certificates issued under the Collective Investment Funds (Jersey) Law 1988 from the application of the Control of Borrowing (Jersey) Order 1958.

The Order was made on 2nd April 2008 and came into force on 4th April 2008. R&O.58/2008.

The object of this Order is to make provision in the Road Traffic (St. Helier) (Jersey) Order 1996 for the Cheapside Residents' Parking Zone in St. Helier. At the same time a number of minor changes are made.

The Order was made on 17th April 2008 and comes into force on 1st May 2008. R&O.59/2008.

This Order adds a 2-hour parking place for vehicles used by disabled persons. The place is in West Park Avenue, St. Helier .

The Order was made on 17th April 2008 and comes into force on 1st May 2008. R&O.60/2008.

This Order allows the Classic and Vintage Motor Racing Club of Jersey Limited to close Victoria Avenue, Westmount Road, and roads around Mount Bingham, for the holding of road racing events on 6th, 7th and 8th June 2008.

The Order was made on 18th April 2008 and came into force forthwith.

WRITTEN QUESTIONS (See Item I(a))

1. H .M. AttorneyGeneral will table an answerto the followingquestionaskedby Deputy G.P. Southern of St. Helier –

" I n relation to the legal position of the States of Jersey with respect to its employees under the Employment Relations (Jersey) Law 2007 and its related codes of practice, will the Attorney General advise members:

( a ) whether he is aware of any other jurisdiction where government employees, whilst being regarded as

employed by a single unified body, equivalent to the States of Jersey Employment Board, for all other employment and contractual purposes, are in the matter of employment disputes, regarded as being employed by the relevant Minister?

( b ) Of the arguments on either side of the question of whether the treatment applied by the States to its

employees (above) could be found to be a disproportionate restriction on the right of States employees to take secondary industrial action in support of other States employees?

( c ) In the event of employers and trade unions failing to agree over which services (or elements of services)

minimum service agreements outlined in articles 31 to 35 of Code 2 should apply to and what level of minimum services should apply, what legal position would pertain to –

( i) i n dividual ministers as employers; ( ii ) t h e States Employment Board;

( ii i) t ra de unions concerned;

( iv ) t h e Minister for Social Security;

i n r e sp e ct of their duty of care to provide and maintain essential services to Islanders?"

2. T he Minister for Transport and Technical Services will table ananswerto the following question askedby Deputy P.V.F.Le Claire of St. Helier –

" W ould the Minister advise how much has been spent on road safety improvements and traffic measures in the last 3 years and how much of this sum relates specifically to pedestrian safety?"

3. T he Minister forEconomicDevelopment will table ananswer to the followingquestionasked by Deputy G.C.L. Baudains of St. Clement –

" I n answering my question regarding fuel farm relocation on 1st April 2008, the Minister stated that the Economic Development Department, Jersey Harbours and WEB were undertaking a master planning exercise which included the site of the current fuel farm. Would the Minister advise which of these is the lead body with responsibility for co-ordinating the work involved?"

4. T he Minister for Transport and Technical Services will table ananswerto the following question askedby Deputy G.C.L.Baudainsof St. Clement –

" W ith regard to the Connex bus service, would the Minister state:

( a ) whether he intends putting the service out to tender when the current contract expires and if not, why not,

( b ) over what period the new buses were amortised from the start of the service and their present value, ( c ) whether he has considered purchasing the fleet in order to facilitate a change of operator if desired,

( d ) whether he believes in the user pays principle' and, if so, why he does not apply this to the bus

service?"

5. T he Minister for Transport and Technical Services will table ananswerto the following question askedby Deputy G.C.L.Baudainsof St. Clement –

" W ith regard to the recent re-surfacing of the St Clement coast road near Brig Y Don, will the Minister advise whether he has yet discovered the reason for the ripple effect' that exists, especially towards the western end of the work, and further advise what he intends to do about it?"

6. T he Chief Minister will table ananswer to thefollowingquestionaskedby Deputy G.C.L.Baudainsof St. Clement –

" W ould the Minister confirm that Civil Servants and politicians were meeting every day to discuss the Haut de la Garenne issue, whether they are still doing so, and the purpose of those meetings?"

7. T he Chief Minister will table ananswer to thefollowingquestionaskedby Deputy G.C.L.Baudainsof St. Clement –

" T he Draft Business Plan for 2009 contains, under Chief Minister's Department, 2009 Additional Spending Pressures' a sum of £200,000 for Town Regeneration Strategy'. Would the Minister give details of the work to which this sum relates?"

8. T he Minister forEconomicDevelopment will table ananswer to the followingquestionasked by Deputy G.C.L. Baudains of St. Clement –

" G iven that the Draft 2009 Business Plan postulates a spend of £199,000 to directly market the Island's finance industry' and a £203,000 decrease in destination marketing', would the Minister explain how this position squares with the States avowed aim to diversify the Island's economy?"

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

" W ould the Minister explain how and why imported fresh milk, such as 'St. Ivel (with Omega 3)' (which contains fresh whole milk, Omega 3 (derived from fish oils) and milk proteins), is allowed to be sold in Island supermarkets and would this situation change if the Jersey Dairy decided to sell fresh milk with an Omega 3 additive?"

10. The Minister for Transport and Technical Services will table ananswerto the following question askedby Deputy S.S.A.P.Powerof St. Brelade –

" F ollowing the States decision to annul the Motor Vehicles (Construction and Use) (Amendment No. 9) (Jersey) Order 2007 which required all heavy goods vehicles, medium goods vehicles of GLW over 3.5t and vehicles drawing trailers (among others) to display a 30' mph sticker, would the Minister advise whether the owners of the said vehicles will receive a re-imbursement to meet the costs of the redundant signage and stickers affixed to their vehicles?"

11. The Minister forHome Affairs will tableananswertothefollowing question askedbythe Connétable of St. John –

" W ould the Minister advise the Assembly of the total amount of staff employed by the States of Jersey Police on an annual basis from 1996 inclusive to date, providing a breakdown of police officers by rank and showing separate numbers for civilian staff?"

12. The Minister for Health and SocialServices will table ananswerto the followingquestionasked by Deputy S.S.A.P. Powerof St. Brelade –

" G iven that improvements in neo-natal care have led to increasing numbers of babies surviving at earlier stages of gestation, would the Minister consider reducing the current abortion time limit of 24 weeks?

C a n the Minister give an indication to the Assembly of his position on the proposed Human Fertilisation and

Embryology Bill that will be coming to the House of Commons very soon?

W  hat is the Minister's position on the results of research by Newcastle University that has produced human-

animal "admixed" embryos?

W  hat is the Minister's position on stem-cell cord blood research, whereby medical scientific research views

that the harvesting and saving of blood contained in the umbilical cords of babies could hold the key to a range of life-saving treatments?"

13. The Minister for Home Affairs will table ananswerto the following question askedby Deputy S.S.A.P. Power of St. Brelade –

" W hat is the position of the States of Jersey Police to vehicles driving at less than a safe and appropriate speed on both the eastbound and westbound lanes on Victoria Avenue, which are supposed to be used for overtaking?

W  hat is the position of the States of Jersey Police on overtaking in the inside lane when drivers sit in the

overtaking lane and drive well below the speed limit?"

14. The Chief Minister will table an answer to the followingquestionaskedby Deputy D.W. Mezbourian ofSt. Lawrence –

" W ould the Chief Minister advise the Assembly of the total number of staff, by Department, who were suspended as a result of disciplinary infractions during the year 2007 and, in each case, identify the employee group concerned, the nature of the alleged infraction, the period of suspension and the means of disposal of the case?

W  ould the Minister advise the Assembly of the total number of staff who were suspended during the period

2006 to 2007, and who remain suspended, and identify in each case the Department concerned, the employee group concerned, the nature of the alleged infraction, the period of suspension and the reason why the employee remains suspended?"

15. The Minister forHome Affairs will tableananswerto the following questionaskedby Senator S.Syvret –

" 1 . Will the Minister for Home Affairs supply the following information –

( a ) H  ow many warrants have been applied for by the States of Jersey Police Force in connection with

the present investigation into historic child abuse?

( b ) O  f those warrants applied for in connection with the present investigation, how many have been

agreed?

( c ) O  f those warrants applied for in connection with the present investigation, how many have been

refused?

2 .  F or each of the years from 1995 to 2007 inclusive, will the Minister for Home Affairs provide the

following information –

(a ) I n each year, how many warrants were applied for by the States of Jersey Police Force in

connection with child protection matters?

( b ) I n each year, how many of those applications were agreed? ( c ) In each year, how many of those applications were refused?

3 .  I n the event of any of the warrants referred to in questions 1 and 2 having been refused, could the

Minister inform the Assembly of the reasons cited for each such refusal?"

16. H.M. Attorney General will tableananswerto the following question asked by Senator S.Syvret –

" W ill the Attorney General provide a detailed explanation of what formal, written policy exists to guide him, the Solicitor General and members of the judiciary in respect of avoiding conflicts of interest and the appearance of conflicts of interest?

W  ill the Attorney General explain how members of the public are able to access any such policy?"

17. The Minister forHome Affairs will tableananswerto the following questionaskedby Senator S.Syvret –

" ( 1)  Will the Minister for Home Affairs supply the following information –

( a ) H ow many cases for prosecution have been submitted to the Law Officers' Department by the

States of Jersey Police Force in connection with the present investigation into historic child abuse?

( b ) O  f those cases submitted for prosecution in connection with the present investigation, how many

have been accepted by the Law Officers' Department?

( c ) O  f those cases submitted for prosecution in connection with the present investigation, how many

have been rejected by the Law Officers' Department?

( 2 ) Of those individuals who have had charges against them submitted to the Law Officers' Department by

the States of Jersey Police Force for prosecution in connection with the present investigation into historic child abuse –

( a ) H o w many have been accepted for prosecution for all of the charges submitted by the Police?

( b ) H ow many have been accepted for prosecution for only some of the charges submitted by the

Police?

( 3 ) For each of the years from 1995 to 2007 inclusive, will the Minister for Home Affairs provide the

following information –

( a ) H  ow many cases for prosecution in connection with offences relating to child abuse have been

submitted by the States of Jersey Police Force to the Law Officers' Department?

( b ) O f those cases submitted, how many were accepted for prosecution? ( c ) O f those cases submitted, how many were rejected for prosecution?

( 4 ) Of those individuals who have had charges against them submitted for prosecution by the States of

Jersey Police Force to the Law Officers' Department in each of the years from 1995 – 2007 inclusive –

( a ) H o w many were accepted for prosecution for all of the charges submitted by Police?

( b ) H o w many were accepted for prosecution for only some of the charges submitted by the Police?

( 5 ) In the event of any of the cases for prosecution referred to in questions 1, 2, 3 and 4 having been refused,

could the Minister inform the Assembly of the reasons cited for each such refusal?

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

" I n response to my question of 1st April 2008, the Chief Minister promised to give me evidence in writing that the statement "The survey and initial conference votes indicated a strong opposition to any increase in taxes and contributions" was correct; will he now do so?"

19. The Minister forSocialSecurity will table an answer to the followingquestionaskedby Deputy G.P. Southern of St. Helier –

( a ) Further to my question of 1st April 2008 regarding Household Medical Accounts (HMAs) will the

Minister give the level of means assessment previously applied to Health Insurance Exemption (HIE) applicants, and list those benefits that were disregarded, along with that currently applied for Income Support (IS) in the case of households containing a single individual?

( b ) Can he yet confirm that all GPs will not charge the previously agreed £5 fee per visit directly to the

patient, and that this has now been agreed with GP representative bodies? Further, will he state what the average payment per visit to a GP was to be paid from an individual's HMA under the previous arrangement (with £5 direct) and whether this will change under the new arrangement, and if so how?

( c ) Is the Minister now in a position to confirm that where a person on IS, whether with a HMA or not,

requires home visits from their GP, the full costs of these visits is not allowed for in the calculation of the level of IS, and if so, will he assure IS recipients and GPs that these costs will be met from special payments?

( d ) Does the Minister accept that the removal of free access to a GP under HIE, which covered many

households on the lowest incomes, and its replacement with HMA rather than making these households better off under IS has made them in fact worse off?

( e ) Not withstanding his answer above, will the Minister explain to members how the following example,

which typifies what Social Security actually delivers for many single people, transfers benefits to the least well off?

P r e v io u s   w eekly income = £165.76 (Invalidity Benefit).

S ta t e s R e n t = £118.95 less abatement £80.43 = rent £38.52 = n e t A ft e r Housing Cost (AHC) disposable income = £127.24

w i th fr e e a c cess to GP (monthly visits)

C u r r e n t w eekly income = £165.76 (Invalidity Benefit)

T ra n s i ti o n = £80.43 split Housing £74.55 HMA = £5.88

R e n ta l p a y m ent = £44.40

N e t A H C d isposable income = £165.76 – £44.40 – £5.88 = £115.44

T h is p erson's calculated IS is £74.62 therefore when transition support is removed in October of this

year he will be a further £5.81 worse off (before adjustment for GST and indexation). This person will have £17.61 less available to spend than he did in January.

F u t u r e N  e t  AHC disposable income = £109.63

C  a n t h e Minister justify a reduction of nearly 14% in this person's disposable income under Income

Support? Does this person, and many hundreds like him, qualify as one of the better off who were bound to be losers? Will he point out where, in any documentation or speech he has given to members, has he indicated that those existing on a single benefit were to be made worse off under his new scheme? Did he know that such an outcome would result from his scheme and if so, when did he know, and if not why not?

( f)  Is the Minister aware, and if so when was he aware, that the status of Attendance Allowance was to be

radically changed under his Income Support scheme in that this payment "for people who are severely disabled, who need constant care by day or night.. payable in addition to any of our benefits or allowances" (SS doc AA1, April 1998) is now not disregarded in the calculation for the level of IS and has therefore been effectively removed from many households?

( g ) Will the Minister point to any document or speech he has delivered to members which clearly sets out

that one of the consequences of the introduction of IS would be to remove this benefit from many households?

( h ) In P.90/2007, Schedule 1 Part 2: Special Components B: Impairment Component, it states –

" T h e im pairment component replaces existing non-contributory disability benefits (such as Attendance Allowance and Disability Transport Allowance) the fundamental principle in this benefit replacement is a move from effectively a "universal" system of benefits to a targeted "means-tested" system. In a means-tested system there are no lump sums paid regardless of income and instead benefit decreases from a maximum figure as income rises until no benefit is received a t all."

W  i ll t h e Minister clearly set out for members the income levels over which the means test operates and

the deduction rate applied in the case of –

(i )  a couple where one person is on attendance allowance and the other is in receipt of carers

allowance;

( ii ) a c ouple where one person is caring for a child with disability in receipt of attendance allowance?

( i) In 2006 there were 762 recipients of attendance allowance at around £400 per month. Will the Minister

inform members how many of those recipients are now in receipt of the equivalent of the personal care elements under IS and at what level of payment?"

20. The Chief Minister will table an answer to the following questionaskedby Deputy S.Pitmanof St.  Helier –

" W ould the Chief Minister inform members as to the breakdown of expenditure, per year, of the Community Relations Trust since it was officially established?"

21. The Minister for Health and SocialServices will table ananswerto the followingquestionasked by Deputy R.G.LeHérissierofSt. Saviour –

" W hat are the weekly running costs for Greenfields?"

22. The Minister for Home Affairs will table ananswerto the followingquestion asked by Deputy R.G.Le Hérissier of St. Saviour –

" Would the Minister outline the policy applied by the Police when videotaping and photographing

demonstrations and other public events and advise as to what use the photos and videos are put?"

23. The Minister for Health and SocialServices will table ananswerto the followingquestionasked by Deputy R.G.LeHérissierofSt. Saviour –

" W hat is the timescale for patients currently awaiting neurological consultations?

W  ould the Minister confirm whether waiting times in all other areas are on target and if not, why not?"

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

1st Session –