Order Paper 28th April 2009

STATES OF JERSEY ORDER PAPER

Tuesday 28th April 2009

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

(Explanatory note attached)

Community Provisions (Control of Exports of Dual-Use Items and R&O.33/2009. Technology) (Application) (Amendment No.  6) (Jersey) Order 2009.

Minister for Home Affairs.

Shipping (Safety of Navigation) (Jersey) Order 2009. R&O.34/2009. Minister for Economic Development.

Health Insurance (Pharmaceutical Benefit) (General Provisions) (No.  2) R&O.35/2009. (Amendment No.  7) (Jersey) Order 2009.

Minister for Social Security.

3. DOCUMENTS PRESENTED OR LAID

Review of the roles of the Bailiff , Attorney General and Solicitor General: P.44/2009. terms of reference (P.44/2009) – amendment. Amd. Lodged: 21st April 2009.

Deputy of St.  Martin.

Suspension of States employees and States of Jersey Police Officers: revised P.46/2009. procedures (P.46/2009) – amendment. Amd. Lodged: 21st April 2009.

Minister for Home Affairs.

Suspension of States employees and States of Jersey Police Officers: revised P.46/2009. procedures (P.46/2009) – second amendment. Amd.(2) Lodged: 21st April 2009.

Chief Minister.

Committee of Inquiry: Reg's Skips Ltd. – Planning applications (P.50/2009) – P.50/2009. amendment. Amd. Lodged: 17th April 2009.

Deputy R.G. Le  Hérissier of St.  Saviour.

Land Transactions under Standing Order 168(3) – site of former Mont Mado R.33/2009. Shed, La  Rue de  la Mare des Pres, St.  John– proposed sale.

Presented: 6th April 2009.

Minister for Treasury and Resources.

Strategic Plan: progress against initiatives as at 31st December 2008. R.34/2009. Presented: 9th April 2009.

Council of Ministers.

Jersey Competition Regulatory Authority: Annual Report 2008. R.35/2009. Presented: 15th April 2009.

Minister for Economic Development.

Department of Health and Social Services: structure and organisation. R.36/2009. Presented: 16th April 2009.

Comptroller and Auditor General.

States' Expenditure Forecasts: Evidence submitted by the Comptroller and R.37/2009. Auditor General to the Finance Sub-Panel of the Corporate Services Scrutiny

Panel.

Presented: 16th April 2009.

Comptroller and Auditor General.

Breach of Privilege: in camera debate. R.38/2009. Presented: 16th April 2009.

Privileges and Procedures Committee.

Public Sector Manpower Report: December 2008. R.39/2009. Presented: 16th April 2009.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – R.40/2009.

1. V12Q Victoria Pier, V12QQ Victoria Pier, E12 Elizabeth Terminal Café;
2. 2 BeauvoirCourt,La Rue de Samarès, St.  Clemen–t Assisted House

Purchase property.

Presented: 20th April 2009.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – 60 Les Cinq Chênes, R.41/2009. Princess Tower Road, St.  Saviour, Westley Lodge and Westley Cottage,

La  Rue de  Masurier, St.  Saviour.

Presented: 22nd April 2009.

Minister for Treasury and Resources.

States Assembly Annual Report 2008. R.42/2009. Presented: 24th April 2009.

Privileges and Procedures Committee.

Long term care of the elderly (S.R.12/2008): response of the Minister for S.R.12/2008. Housing. Res.(2) Presented: 20th April 2009.

Minister for Housing.

4. NOTIFICATION OF LODGED PROPOSITIONS

Draft Shipping (Safety of Navigation) (Jersey) Regulations 200-. P.48/2009. Lodged: 6th April 2009.

Minister for Economic Development.

Child abuse compensation claims: freedom of expression for survivors. P.49/2009. Lodged: 6th April 2009.

Senator S. Syvret.

Committee of Inquiry: Reg's Skips Ltd. – Planning applications. P.50/2009. Lodged: 6th April 2009.

Minister for Planning and Environment.

Appointments Commission: appointment of member. P.51/2009. Lodged: 7th April 2009.

Chief Minister.

States Strategic Plan 2009 – 2014. P.52/2009. Lodged: 8th April 2009.

Council of Ministers.

Minister for Health and Social Services: Vote of No Confidence. P.53/2009. Lodged: 8th April 2009.

Deputy R.G. Le  Hérissier of St.  Saviour.

Public Finances (Jersey) Law 2005: proposed changes. P.54/2009 Lodged: 9th April 2009.

Public Accounts Committee.

Economic Stimulus Plan. P.55/2009. Lodged: 9th April 2009.

Minister for Treasury and Resources.

Draft Sea Fisheries (Satellite Monitoring) (Jersey) Regulations  200-. P.56/2009. Lodged: 14th April 2009.

Minister for Economic Development.

Draft Sea Fisheries (Miscellaneous Provisions) (Amendment No.  5) (Jersey) P.57/2009. Regulations 200-.

Lodged: 14th April 2009.

Minister for Economic Development.

Draft Sea Fisheries (Bag Limits) (Jersey) Regulations 200-. P.58/2009. Lodged: 14th April 2009.

Minister for Economic Development.

Oral Questions with notice: abolition of time limit. P.59/2009. Lodged: 15th April 2009.

Deputy M. Tadier of St.  Brelade.

Arrest and detention of Senator Stuart Syvret and associated matters. P.60/2009. Lodged: 16th April 2009.

Deputy G.P. Southern of St. Helier.

Code of Conduct for elected members of the States: review. P.61/2009. Lodged: 20th April 2009.

Deputy of St.  John.

Family  X: placement in the United Kingdom. P.62/2009. Lodged: 22nd April 2009.

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

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 –

Minister for Health and Social Services: Vote of No Confidence. P.53/2009. Lodged: 8th April 2009.

Deputy R.G. Le  Hérissier of St.  Saviour.

6. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

Appointment of the Minister for Health and Social Services.

The Chief Minister, in accordance with Standing Order 117(2), has given notice to the Greffier of the States that he will nominate the Deputy of Trinity for this ministerial position.

7. MATTERS OF PRIVILEGE
8. PETITIONS
9. QUESTIONS

1. – Written Questions (attached)

1. The Minister for Social Security will tableananswer to a question asked by Deputy G.P. Southern of St. Helier regarding thereductionofIncomeSupport payments in October2009.
2. The Minister for Planning andEnvironment will table ananswer to a question asked by Deputy P.V.F.Le Claire ofSt. Helierregarding the discharge ofeffluent into the sea.
3. The Minister for TreasuryandResources will table ananswerto a questionasked by Deputy P.V.F.Le Claire ofSt. Helierregarding the Economic Stimulus Plan.
4. The Minister for Treasury and Resources will table ananswer to a question asked by the Connétable of Grouville regarding the Criminal Offences Confiscation Fund and the Drugs Confiscation Fund.
5. The Minister forHealthand Social Services will tableananswerto a questionaskedby Deputy P.V.F.Le Claire ofSt. Helierregarding the discharge ofeffluent into the sea.
6. The Minister for Treasury and Resources will table an answer to a questionaskedbythe Deputy of St. John regardingmoniesowed to States Departmentsby Harcourt Developments.
7. The Minister for Treasury and Resources will table an answer to a questionaskedbythe Deputy of St. John regardingshareholdings held by the Jersey Electricity Company.
8. The Minister for Housing will table ananswer to a question asked by Deputy D.J.de Sousa of St. Helier regarding Socialhousing waiting lists.
9. T he Minister for TransportandTechnicalServices will tableananswerto a questionaskedby Deputy R.G.Le Hérissier of St. Saviour regarding theemploymentof staff onthe newEnergy from Waste Plant site.
10. H.M. Attorney General will table an answerto a question askedby Deputy T.M.Pitmanof St. Helier regarding the submission of campaign expenses by candidates from the 2008 Deputies election.

11. H.M. Attorney General will table an answerto a question askedby Deputy T.M.Pitmanof St.  Helier regarding the investigation ofbreachesof the Public Elections (Jersey) Law 2002.
12. The Minister for Treasury and Resources will table an answerto a questionasked by Deputy T.M. Pitman ofSt. Helierregarding the exchange rates for the new Energy from WastePlant site.
13. The Minister for Education, Sport and Culture will tableananswerto a questionaskedby Deputy T.M. Pitman of St.  Helier regarding the future managementoftheYouthService.
14. The Minister for Treasury and Resources will table an answerto a questionasked by Deputy T.M.Pitmanof St.  Helier regarding income tax returns for 1(1)(k) category residents.
15. The Chief Minister will table an answer to a questionaskedby Deputy G.P. Southern of St.  Helier regarding Article  38ofthe Jersey Teachers Disciplinary andGrievance Procedures.
16. The Chief Minister will table an answer to a questionaskedby Deputy G.P. Southern of St.  Helier regarding Jersey's ratification ofUnitedNations' Conventions.
17. The Minister for Treasury and Resources will table an answerto a questionasked by Deputy G.P. Southern of St.  Helier regarding theFiscal Policy Panel.
18. The Minister for Health and SocialServices will table ananswerto a questionaskedby Deputy G.P. Southern of St.  Helier regarding thedevelopment of a policy for children in care.
19. The Chairmanof the Privileges andProcedures Committee will table an answer to a question asked by Deputy G.P. Southern of St.  HelierregardingParliamentary privilege.
20. The Minister for EconomicDevelopment will table ananswerto a questionasked by Deputy A.K.F.Greenof St.  HelierregardingtheconditionofLa Folie Inn.
21. The Minister for Planning andEnvironment will table an answerto a question askedby Deputy A.K.F.Greenof St.  Helierregardingdesign changes to the new Energy from WastePlant.
22. The Minister for Planning and Environment will table an answer to a questionaskedby the Deputy of St.  Maryregarding the testing ofseawater from the Castle Quays site.
23. The Minister for TransportandTechnicalServices will tableananswerto a questionaskedby the Deputy of St.  Maryregarding savings fromscopeadjustments' on the newEnergy from Waste Plant.
24. The Minister for TransportandTechnicalServices will tableananswerto a questionaskedby the Deputy ofSt. Mary regarding the cost of transporting contaminated landfill to La Collette 2.
25. The Minister for TransportandTechnicalServices will tableananswerto a questionaskedby the Deputy of St.  Maryregarding CNIM incinerator plants in the UnitedKingdom.
26. The Minister for Housing will table an answer to a question askedby the Connétable of St.  John regarding the saleof States-owned properties.
27. The Minister for Social Security will table ananswer to a questionaskedby the Connétable of St.  John regarding the nationalities ofthose currently registered asunemployed.
28. The Minister for Social Security will table ananswer to a question askedby Deputy S.Pitman

of St.  Helier regarding the numbers in receipt of various incapacity and invalidity benefits.

29. The Minister for Planning andEnvironment will table an answerto a question askedby Deputy
    19. PitmanofSt. Helier regarding global warming issues.
30. The Minister for Health and SocialServices will table ananswerto a questionaskedby Deputy P.V.F.Le Claire ofSt. Helierregarding outbreaks ofthenovovirus in Jersey.
31. The Minister for Home Affairs will table ananswer to a questionaskedby Deputy R.G. Le  Hérissier ofSt. Saviour regarding the recruitment of secretarial staff.
32. The Minister for Treasury and Resources will table an answerto a questionasked by Deputy R.G.Le Hérissier of St.  Saviourregardingnegotiations with the ownersofthePlémontHoliday Village.
33. The Minister for TransportandTechnicalServices will tableananswerto a questionaskedby Deputy A.K.F.GreenofSt. Helier regarding the cost of changes made to the Energy from Waste Plant design.

2. – Oral Questions (90 minutes)

1. The Deputy ofSt. Mary will ask the following questionofthe Minister forTransportand Technical Services –

" W ould the Minister advise whether information was withheld from members regarding the fact that the cost of the incinerator had increased from £109.93 million (as indicated in P.73/2008) by £3.62 million when the matter was debated on 9th July 2008 and, if so, why this was done and what purpose was served by this action?"

2. Deputy S. Pitman of St. Helier will ask the following question of the Minister for Social Security –

" W ould the Minister inform Members whether claimants of Long Term Invalidity Allowance, Short Term Invalidity Allowance or Invalidity Allowance, received back payments from Social Security, once they were in receipt of their benefits, for the period when a claim should have been made?"

3. Deputy M. Tadier of St.  Brelade willask the followingquestionof the Minister for Economic Development –

" W ill the Minister advise the Assembly whether the cash machine in the Arrivals Hall at Jersey Airport will be removed within the next few weeks, and, if this is the case, would he explain the circumstances which lead to this decision and inform the Assembly whether any consultation has taken place with airport users and service providers who could be adversely affected?"

4. Deputy T.M. Pitmanof St.  Helier will ask the followingquestionof the Minister for Home Affairs –

" W ould the Minister clarify whether all complaints regarding allegations of breaches of the Public Elections (Jersey) Law 2002 during the 2008 elections were investigated and pursued equally and, if not, why not?"

5. Deputy R.G.Le Hérissier ofSt. Saviour will ask thefollowing question ofthe Chief Minister–

" H ow many apprenticeships, if any, are currently offered within the States, will the number be

increased given the economic climate and, if so, when and by how many?"

6. Deputy G.P. Southern of St.  Helier will ask the followingquestionofthe Minister for Health and Social Services –

" W ould the Minister advise members of the progress of negotiations with the Trustees of Brig y Don over the future of that children's home, along with its experienced staff, as outlined in the implementation plan for the Williamson report?"

7. Deputy D.J.de Sousaof St.  Helier will ask the followingquestionof the Minister for Housing–

" W ill the Minister inform the Assembly how many, if any, new 3 and 4 bedroom houses are due to be built for States rental in the next 3 years and how many similar homes from the current housing stock are intended to be sold to existing tenants?"

8. Deputy K.C. Lewis of St.  Saviour will ask the followingquestion of the Minister forEducation, Sport andCulture –

" W ill the Minister undertake to increase funding and work with other agencies to provide greater youth and sport facilities in St Helier and other parishes to eliminate anti social behaviour?"

9. The Deputy ofSt. John will ask the followingquestionofthe Chief Minister –

" I n recent years a few private schools have applied and been admitted to the Public Employees Contributory Retirement Scheme (PECRS), would the Minister inform members whether the taxpayer contributes to this scheme and, if so, how is it acceptable for public funding to go into the private sector?"

10. Deputy M. Tadier of St. Brelade will ask the followingquestionof the Minister for Treasury and Resources-–

" F ollowing the announcement this week that the UK Chancellor will be increasing the upper limit of income tax to 50%, and given the urgent need for Jersey to consolidate its tax base in coming years, will the Minister advise the Assembly if he will consider a similar policy for Jersey (albeit at a much lower rate), so that those who can contribute more will be able to do so?"

11. The Deputy of St.  Mary will ask the followingquestionofthe Minister for Treasury and Resources –

" G iven that the Comptroller and Auditor General's report states (section 103) "the £3.6 million unallocated balance in the fluctuations element of the States Capital Reserve Vote has been earmarked for this project", would the Minister advise where the additional funding of £1.65 million was found when the contract was signed on 14th November 2008, to meet the cost of the currency movements which then stood at £5.25 million?"

12. Deputy T.M. Pitman of St.  Helier will askthefollowingquestionof H.M. Attorney General –

" W ould H.M. Attorney General inform the Assembly whether he was aware in advance of the decision to arrest Senator Stuart Syvret and search his residence and, if he was not, would he inform the Assembly whether the decision to search the Senator's home without a search warrant was legal?"

13. The Deputy ofSt. John will ask the followingquestionofthe Chief Minister –

" W  ould the Minister advise how many local applicants applied for the post of Director of Human Resources, whether the historical Civil Service exam system, which existed to pick out high fliers early on, is still operational and whether any local candidates are currently being trained for Chief Officer positions and, if this is not the case, explain why?"

14. Deputy G.P. Southern ofSt. Helier will ask the following question of the Minister forTreasury and Resources –

" Will  the  Minister  confirm  that  whilst  employee  Social  security  contributions  are  not

disregarded for income tax purposes, employers contributions are allowed to be set against taxation of company profits at the rate of 52%, and if so will the Minister undertake to address this anomaly?

15. The Deputy ofSt. Martin will askthefollowingquestionof the Chief Minister –

" W  ould the Chief Minister confirm that Article  26(1) of the Court of Appeal (Jersey) Law 1961 is not in line with the equivalent United Kingdom Law whereby, since 1968, an appeal against conviction  must  be  allowed  if  the  jury's  verdict  is,  in  all  the  circumstances  of  the  case, considered unsafe or unsatisfactory, and, if so, will he, in the interests of human rights, bring forward for approval an amendment?"

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

" G iven the concerns expressed regarding the arrest of Senator Syvret, would the Minister advise whether he has asked the States Police for a report which addresses the concerns, if he has, is he satisfied with the action taken, if he has not called for a report, will he give his reasons for not doing so?

17. Deputy R.G.Le Hérissier of St.  Saviour will ask the followingquestionof the Minister for Home Affairs –

" T o whom, and in what ways, are the States of Jersey Police accountable?"

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

1 s t q u e stion period – Minister for Economic Development 2 n d q u estion period – Chief Minister

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

Police Complaints and Discipline: extension to Honorary Officers conducting P.30/2009. Parish Hall Enquiries.

Lodged: 5th March 2009.

Deputy of St.  Martin.

Police Complaints and Discipline: extension to Honorary Officers conducting P.30/2009. Parish Hall Enquiries (P.30/2009) – comments. Com. Presented: 30th March 2009.

H.M. Attorney General.

Code of Practice for Scrutiny Panels and the Public Accounts Committee: P.31/2009. amendment.

Lodged: 9th March 2009.

Chairmen's Committee.

Draft Sea Fisheries (Licensing of Fishing Boats) (Amendment No.  4) (Jersey) P.35/2009. Regulations 200-.

Lodged: 10th March 2009.

Minister for Economic Development.

Draft Public Elections (Amendment No.  3) (Jersey) Regulations  200-. P.36/2009. Lodged: 13th March 2009.

Comité des Connétable s.

Jersey Community Relations Trust: appointment of Trustee. P.38/2009. Lodged: 19th March 2009.

Minister for Home Affairs.

Electricity tariffs: Regulations under Article  22 of the Electricity (Jersey) Law P.41/2009. 1937.

Lodged: 24th March 2009.

Senator A. Breckon.

Suspension of States employees and States of Jersey Police Officers: revised P.46/2009. procedures.

Lodged: 31st March 2009.

Deputy of St.  Martin.

Suspension of States employees and States of Jersey Police Officers: revised P.46/2009. procedures (P.46/2009) – amendment. Amd. Lodged: 21st April 2009.

Minister for Home Affairs.

Suspension of States employees and States of Jersey Police Officers: revised P.46/2009. procedures (P.46/2009) – second amendment. Amd.(2) Lodged: 21st April 2009.

Chief Minister.

Planning and Environment: division into 2 ministerial offices. P.47/2009. Lodged: 1st April 2009.

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

Child abuse compensation claims: freedom of expression for survivors. P.49/2009. Lodged: 6th April 2009.

Senator S. Syvret.

Appointments Commission: appointment of member. P.51/2009. Lodged: 7th April 2009.

Chief Minister.

Oral Questions with notice: abolition of time limit. P.59/2009. Lodged: 15th April 2009.

Deputy M. Tadier of St.  Brelade. (Cannot be debated until 29th April 2009)

Oral Questions with notice: extension to 2 hours. P.40/2009. Lodged: 20th March 2009.

Deputy of St.  Martin.

13. ARRANGEMENT OF PUBLIC BUSINESS

12th May 2009

La  Pouquelaye old school site: provision of youth and community facilities. P.187/2008. Lodged: 24th December 2008.

Connétable of St. Helier.

Public Elections (Jersey) Law 2002: rescindment of Article  39A. P.18/2009. Lodged: 4th February 2009.

Deputy G.P. Southern of St. Helier.

Draft Health and Safety at Work (Amendment No.  4) (Jersey) Law 200-. P.37/2009. Lodged: 17th March 2009.

Minister for Social Security.

Draft Loi (200-) (Amendement No.  11) réglant la procédure criminelle. P.39/2009. Lodged: 19th March 2009.

Minister for Home Affairs.

Review of the roles of the Bailiff , Attorney General and Solicitor General: P.44/2009. terms of reference.

Lodged: 31st March 2009.

Council of Ministers.

Review of the roles of the Bailiff , Attorney General and Solicitor General: P.44/2009. terms of reference (P.44/2009) – amendment. Amd. Lodged: 21st April 2009.

Deputy of St.  Martin.

Draft Housing (General Provisions) (Amendment No.  26) (Jersey) Regulations P.45/2009. 200-.

Lodged: 31st March 2009.

Minister for Housing.

Committee of Inquiry: Reg's Skips Ltd. – Planning applications. P.50/2009. Lodged: 6th April 2009.

Minister for Planning and Environment.

Committee of Inquiry: Reg's Skips Ltd. – Planning applications (P.50/2009) – P.50/2009. amendment. Amd. Lodged: 17th April 2009.

Deputy R.G. Le  Hérissier of St.  Saviour.

Arrest and detention of Senator Stuart Syvret and associated matters. P.60/2009. Lodged: 16th April 2009.

Deputy G.P. Southern of St. Helier.

Code of Conduct for elected members of the States: review. P.61/2009. Lodged: 20th April 2009.

Deputy of St.  John.

Family  X: placement in the United Kingdom. P.62/2009. Lodged: 22nd April 2009.

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

19th May 2009

Draft Shipping (Safety of Navigation) (Jersey) Regulations 200-. P.48/2009. Lodged: 6th April 2009.

Minister for Economic Development.

Economic Stimulus Plan. P.55/2009. Lodged: 9th April 2009.

Minister for Treasury and Resources.

(Cannot be debated before 20th May 2009)

2nd June 2009

States Strategic Plan 2009 – 2014. P.52/2009. Lodged: 8th April 2009.

Council of Ministers.

Public Finances (Jersey) Law 2005: proposed changes. P.54/2009 Lodged: 9th April 2009.

Public Accounts Committee.

16th June 2009

Natural gas pipeline: strategic study. P.16/2009. Lodged: 29th January 2009.

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

Natural gas pipeline: strategic study (P.16/2009) – comments. P.16/2009. Presented: 10th March 2009. Com. Minister for Treasury and Resources.

30th June 2009

Williamson Report: Implementation Plan – funding. P.17/2009. Lodged: 4th February 2009.

Minister for Treasury and Resources.

Williamson Report: Implementation Plan – funding (P.17/2009) – amendment. P.17/2009. Lodged: 25th March 2009. Amd. Deputy G.P. Southern of St. Helier.

States Members' remuneration for 2009. P.24/2009. Lodged: 19th February 2009.

Connétable of St. Peter.

States Members' remuneration for 2009 (P.24/2009): comments. P.24/2009. Presented: 5th March 2009. Com.

Privileges and Procedures Committee.

States Members' remuneration for 2009 (P.24/2009): amendment. P.24/2009. Lodged: 3rd March 2009. Amd. Deputy P.V.F. Le Claire of St.  Helier.

Ann Court Site, St.  Helier: use for sheltered social housing for the over-55s. P.43/2009. Lodged: 27th March 2009.

Deputy J.A. Martin of St.  Helier.

14th July 2009

Draft Sea Fisheries (Satellite Monitoring) (Jersey) Regulations  200-. P.56/2009. Lodged: 14th April 2009.

Minister for Economic Development.

Draft Sea Fisheries (Miscellaneous Provisions) (Amendment No.  5) (Jersey) P.57/2009. Regulations 200-.

Lodged: 14th April 2009.

Minister for Economic Development.

Draft Sea Fisheries (Bag Limits) (Jersey) Regulations 200-. P.58/2009. Lodged: 14th April 2009.

Minister for Economic Development.

M.N. DE LA HAYE Greffier of the States

23rd April 2009 Note –

In accordance with the meeting dates fixed for 2009 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 29th and Thursday 30th April 2009.

Explanatory Note regarding subordinate legislation tabled at this meeting.

(See Item B)

R&O.33/2009.

This Order gives effect in Jersey to Council Regulation 1167/2008. That Council Regulation replaces the annexes to Council Regulation 1334/2000 which is given effect in Jersey by the Community Provisions (Control of Exports of Dual-Use Items and Technology) (Application) (Jersey) Regulations 2002. The annexes list dual-use items and technology to which export controls apply.

The Order was made on 1st April 2009 and came into force on 8th April 2009. R&O.34/2009.

This Order implements Chapter V of the SOLAS Convention in respect of Jersey ships, wherever they are, and in respect of other ships while in Jersey waters.

The Order was made on 2nd April 2009 and comes into force on 1st July 2009.

R&O.35/2009.

This Order provides for a revised form of prescription to have effect from 1st May 2009. The Order was made on 8th April 2009 and comes into force on 1st May 2009.

WRITTEN QUESTIONS (See Item I(a))

1. T  h e Minister for SocialSecuritywilltableananswerto the followingquestionaskedby Deputy G.P. Southern of St.  Helier –

"W  i ll the Minister inform members of the extent to which the income of families on transitional protection

on Income Support will be reduced in October this year?

W i l l he advise whether –

(a ) O n ly 13% of the (approximate) 3,800 households affected will lose less than £30 per week? (b ) O v er 2,000 households will lose an average of £70 per week, and

(c ) A further 1,000 families will see benefit cuts averaging £200 per week over the period of this

phased benefit reduction?

W  il l the Minister produce figures for the Assembly to indicate how many, and what types of households

will be so affected?

W  il l he also state what measures, if any, he proposes to ensure that hardship does not result from these

cuts and what support, if any will be offered to those facing hardship?"

2. T  h e Minister for Planning and Environment will tableananswerto the following question askedby Deputy P.V.F.Le Claire of St.  Helier–

" O n how many occasions, if any, over the last 5 years have licences been issued by the Planning and Environment Department to the Transport and Technical Services Department in respect of discharging effluent into controlled waters?

(a ) W o uld the Minister advise the exact dates and time periods when such discharges o cc urred?

(b ) W  ere discharges of effluent permitted under the licenses at times when the tide was below the

St.  Aubin Pier outflow?

(c ) W h at was the estimated volume of effluent discharged on each occasion?

(d ) D u ring discharges of effluent on these occasions what monitoring, if any, occurred; by whom was

this undertaken and what were the results?

(e ) W h ere did this monitoring occur and can the Minister provide these as an appendix?

(f ) W  hat, if any, are the long-term plans for managing this on-going series of discharges of effluent

into our environment?

( g ) I s the Minister aware of any scientific evidence that discharges of effluent can harm the

environment and/or be of a danger to human health?

(h ) W  hat notifications, if any, are required when discharging effluent into a Ramsar site or next to

one?

(i ) W  h at tests, if any, are undertaken to ensure there is no impact on the Ramsar environment, who

conducts the tests and who certifies them?"

3. T h e MinisterforTreasury and Resources will table ananswer to the followingquestionaskedby Deputy P.V.F.Le Claire ofSt. Helier–

" H o w much in comparative percentage terms against our annual GDP is Jersey committing to its economic stimulus package and has the Minister researched how this percentage compares with other jurisdictions such as the USA, Germany and the United Kingdom?"

4. T  h e Minister for TreasuryandResourceswill table ananswer to the following questionaskedby the Connétable of Grouville –

" F o ll owing the recommendations of the Comptroller and Auditor General in 2007 that the monies from the Criminal Offences Confiscation Fund and the Drugs Trafficking Confiscation Fund should become part of the general revenues of the States, can the Minister explain what has happened to the Funds, advise whether any distributions have taken place and, if so, to whom?"

5. T  h e Minister for Health and Social Services will table an answer to the followingquestionaskedby Deputy P.V.F.Le Claire of St.  Helier–

" O n how many occasions, if any, over the last 5 years has the Health Protection Team been involved in issues regarding controlled discharges of effluent licensed by the States of Jersey?

W h a t were their actions and what were their findings?

W  o u ld the Minister inform the Assembly what is tested in Jersey and whether he is aware if the United

Kingdom undertakes the same tests?"

6. T  h e Minister for TreasuryandResourceswill table ananswer to the following questionaskedby the Deputy of St.  John –

" W  o uld the Minister inform the Assembly of the total monies, if any, owed by Harcourt to States departments as of 25th March 2009, broken down by departments, also money owed to States owned companies such as the Waterfront Enterprise Board, giving details of how long the debts have been outstanding?

W o u l d the Minister outline the States credit policy to the Assembly?"

7. T  h e Minister for TreasuryandResourceswill table ananswer to the following questionaskedby the Deputy of St.  John –

" W o u ld the Minister inform the Assembly what shareholdings, if any, the Jersey Electricity Company has in Jersey Deepfreeze Limited, Foreshore Holdings Limited, the Channel Island Electricity Grid Limited and Newtel Holding Limited, and if more than 50% shareholdings exist in any of these companies, can members be told the names of the Directors and be given copies of the annual reports and accounts of these companies?"

8. T h e Minister forHousingwilltable an answerto the followingquestionaskedby Deputy D.J.de Sousaof St.  Helier –

" H o w many families are on the social housing waiting list seeking 3-bed homes (both new applicants and existing tenants on the transfer list) and what is the average waiting time for such accommodation to become available?

W  o u ld the Minister confirm that approximately 10 families have recently been moved from at least 2 social housing estates, and if so, would he outline what the plans are for these vacant properties?"

9. T h e Minister for TransportandTechnicalServices will table an answer to thefollowingquestionasked by Deputy R.G.Le Hérissier ofSt. Saviour–

" H o w many of the workers currently employed by the Contractor on the incinerator site have been employed directly from overseas and what steps, if any, were taken to first recruit locally based workers?"

10. H . M. Attorney General will tableananswertothefollowingquestionaskedby Deputy T.M.Pitmanof St.  Helier –

" W il l H.M. Attorney General explain what legal action, if any, can be taken against a number of candidates (successful and unsuccessful but all independents') in the 2008 Deputies elections who, well into 2009, had still not supplied details to the Judicial Greffe, as required by law, of their electoral campaign expenses?"

11. H . M. Attorney General will tableananswertothefollowingquestionaskedby Deputy T.M.Pitmanof St.  Helier –

" W o u ld H.M. Attorney General clarify whether he, the States of Jersey Police or the Judicial Greffier had responsibility for monitoring and investigating any complaints of alleged breaches of the Public Election (Jersey) Law 2002 during the 2008 elections?"

12. T h e Minister for Treasury and Resources will tableananswer to the followingquestionaskedby Deputy T.M.Pitmanof St.  Helier –

" W  o uld the Minister clarify the exact total figure, as of 1st April 2009, of the additional cost to the Island's taxpayers resultant from the failure of the previous Minister for Treasury and Resources to ensure that the exchange rates for the part of the incinerator contract to be paid in Euros was fixed before the rate dropped?"

13. T h e Minister for Education, Sport and Culture will table ananswer to the followingquestionasked by Deputy T.M. Pitman of St.  Helier –

" W  o uld the Minister confirm whether responsibility for the Jersey Youth Service has changed from the Assistant Director: Lifelong Learning to the Assistant Director: Sport and Leisure, and, if so, will he, as a result of this change, give assurances that Jersey will not follow the direction of some UK authorities with youth work losing its informal education focus to that of simple leisure provision?"

14. T h e Minister for Treasury and Resources will tableananswer to the followingquestionaskedby Deputy T.M.Pitmanof St.  Helier –

" W  o uld the Minister advise the Assembly as to the actual (or projected) income tax return from the Island's 1(1)(k) residents for 2008; further still, how these compare to that of 2005, 2006 and 2007?"

15. T h e Chief Minister will tableananswerto the followingquestionaskedby Deputy G.P. Southern of St.  Helier –

" G i v en that Article 3.8 of Appendix B of the States of Jersey Teacher's Disciplinary and Grievance Procedures (page 50) specifically precludes employees from taking part in political activities other than their statutory right of voting, will the Minister state how this policy in any way conforms with the spirit of P.17/2006 (Political activities by States employees') or with the human right to full electoral participation?"

16. T h e Chief Minister will tableananswerto the followingquestionaskedby Deputy G.P. Southern of St.  Helier –

"W  i ll the Chief Minister inform members what the precise reasons are for the Island's failure to sign up to

and implement the United Nations (UN) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which came into force in June 1987, and in what timescale he proposes to address these reasons for the delay?

W  il l he further inform members of the Island's position and intentions regarding the UN Conventions on

the Rights of the Child and Disabled persons?"

17. T h e Minister for Treasury and Resources will tableananswer to the followingquestionaskedby Deputy G.P. Southern of St.  Helier –

" 1 . T h e most recent advice from the Fiscal Policy Panel warns against the impact of leakage' on the economic stimulus plan. Will the Minister –

(a ) d e t a i l for members the major ways that leakage occurs in our economy;

(b ) w h at impact this leakage will have on his priorities for action under the economic stimulus

plan; and,

(c ) w h a t measures he will take to mitigate such leakage?

2 .  D  o es he accept that now is not the time to take money out of the economy through additional taxes

or other means and does he accept that the imposition of a wage freeze in the public sector in the 2009 settlement would reduce the quantity of money in the economy by £7.4 million and therefore increase the impact of the recession?

D o e s h e f u rther accept that the depth of the recession would also be made worse by any

redundancies in the public sector and that he will take appropriate steps to protect public sector jobs?

3 . W i ll the Minister inform members how the figure of £2 million for the extension of transition

protection on Income Support for a further year was arrived at?"

18. T h e Minister for Health and Social Services will table an answer to thefollowingquestionasked by Deputy G.P. Southern of St.  Helier –

" W h a t emphasis, if any, will be placed on listening to and acting on the wishes of the children themselves when developing services for looked-after children in Jersey?"

19. T h e Chairmanofthe Privileges and Procedures Committee will table ananswer to the following question asked by Deputy G.P. Southern of St.  Helier –

" W il l the Chairman outline for members the extent to which parliamentary privilege extends to the protection of the privacy of members' correspondence and documentation, whether in hard copy or electronic forms –

(a ) re l ating to the business of the States of Jersey;

(b ) re l ating to the representation of individual constituents;

an d h ow that compares with the UK and other parliamentary bodies?

D o e s the Chairman consider that the actions of the States of Jersey Police in their behaviour towards

Senator Syvret constitute a breach of such privilege?"

20. T h e Minister forEconomicDevelopment will tableananswer to the following question askedby Deputy A.K.F.Greenof St.  Helier –

" G i v en that up until its closure, La  Folie Inn on the Old Harbour had been a working public house, albeit run down, will the Minister explain what works, if any, have been undertaken within this listed building and outline –

(a ) w h o carried out this work and on whose authority?

(b ) w h ether planning permission was given for this work?

(c ) h o w much will it cost to reinstate any aborted work and who will pay for it? (d ) w h at the department's plans, if any, are for this building?"

21. T h e Minister for Planning andEnvironment will tableananswer to the followingquestionasked by Deputy A.K.F.Greenof St.  Helier –

"C  o u ld the Minister –

( a ) a d vise the Assembly what, if any, design changes he, as the Minister for Planning and

Environment, made to the original specification to the Energy from Waste plant which was discussed at a meeting on 6th November 2008?

(b ) P ro vide a copy of the minutes of the meeting of 6th November 2008?"

22. T h e Minister forPlanning and Environmentwilltable an answerto the followingquestionaskedby the Deputy of St.  Mary –

" W o u ld the Minister inform the Assembly whether tests have been carried out on the sea-water which has been flooding the excavation pit at the Castle Quays site on the higher tides, and if so, would he give the Assembly full details of the chemical composition of this water, any variations in the test results and the causes of these variations?"

23. T h e Minister forTransport and TechnicalServiceswill table ananswer to the followingquestionasked by the Deputy ofSt. Mary –

" In v iew of the fact that in the Comptroller and Auditor General's Report "Energy from Waste Plant: Management of Foreign Currency Exchange Risks" of March 2009, the table on page 97 shows that a

saving of £1.923 million was made on an item called scope adjustments', would the Minister inform the

Assembly exactly what these adjustments were, how it was decided that they should apply, how they led to the savings quoted, and how they will affect the future performance of the incinerator?"

24. T h e Minister forTransport and TechnicalServiceswill table ananswer to the followingquestionasked by the Deputy ofSt. Mary –

" C a n the Minister give full itemised details of the cost to the States of transferring 133,000 tons of contaminated landfill from the Castle Quays site to La  Collette  2 (whether by payments to Dandara to cover costs incurred by them, or by payments to contractors, or by the application of concessionary rates (reduced or zero) for taking this material at La  Collette or in any other way) and advise where this cost is to be found within the Transport and Technical Services Department's budget?"

25. T h e Minister forTransport and TechnicalServiceswill table ananswer to the followingquestionasked by the Deputy ofSt. Mary –

" F u rt her to a written response to a question on 24th March 2009, would the Minister now provide details of all CNIM incinerator plants built in the UK, give details of when pollution limits at these plants were exceeded, the reasons they occurred, and for those plants where exceedances took place, an explanation of why the department believes that such failings will not apply to the Jersey CNIM plant?"

26. T h e Minister for Housing will table an answer to thefollowingquestionasked by the Connétable of St.  John –

" C o u ld the Minister inform members how many units to date have now been sold off as agreed in the Social Housing Property Plan 20072016 (P.6/2007) and outline what type of units they are, as well as the location of those units?"

27. T h e Ministerfor Social Security will table an answer to the followingquestionaskedby the Connétable of St.  John –

" C o u ld the Minister advise members of the nationality by percentage of the over 1,000 unemployed persons registered with the department?"

28. T h e Minister for Social Security will table an answer to the following question asked by Deputy

S.  Pitman of St.  Helier–

" H o w many people are currently in receipt of Long Term Incapacity Allowance (LTIA), Short Term Incapacity Allowance (STIA) and Invalidity Allowance, and what are the illnesses/injuries that they suffer? And how many of these recipients are currently receiving an Incapacity Pension?

W  o u ld the Minister inform Members as to how many recipients of LTIA, STIA and Invalidity Allowance are currently deemed by the Medical Board as a 100% loss of faculty, and therefore unfit to work?

C o u l d the Minister explain why a person being assessed by the Medical Board is only assessed on the

specific body part affected by an illness/injury, and why the Board does not take into account the affect on the whole body of the illness/injury and the likelihood of that person being unable to work, given that many employers will not employ such a person due to there being a potential financial liability?"

29. T h e Minister for Planning andEnvironment will tableananswer to the followingquestionasked by

Deputy S. Pitman of St.  Helier –

" G i v en the attendance of the Minister at the recent British-Irish Council, would he inform Members what the States of Jersey is doing right and wrong in terms of global warming issues? Would he outline what we should we be doing better and advise what action, if any, he plans to take to ensure this happens?"

30. T h e Minister for Health and Social Services will table an answer to thefollowingquestionasked by Deputy P.V.F.Le Claire of St.  Helier–

" O n how many occasions, if any, in the last 5  years have there beenserious outbreaks of the Norovirus or other vomiting and diarrhoea-type bugs in Jersey?

H o w many serious food poisoning admissions and/or treatments were classified or treated by the Hospital

during the last 5 years?"

31. T h e Minister for Home Affairs will table ananswer to the following questionaskedby Deputy R.G. Le  Hérissier ofSt. Saviour–

" W  o uld the Minister explain how the recent advertisement for a Personal Assistant and Secretary to provide services to himself and the Department's Senior Management Team is consistent with seeking efficiencies in government?"