Order Paper 31st March 2009

STATES OF JERSEY ORDER PAPER

Tuesday 31st March 2009

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

(Explanatory note attached)

Road Traffic (Public Parking Places – Charges) (Jersey) Order 2009. R&O.32/2009. Minister for Transport and Technical Services.

3. DOCUMENTS PRESENTED OR LAID

Ministerial government: review (P.181/2008) – addendum. P.181/2008. Presented: 27th March 2009. Add. Deputy of St.  John.

States Employment Board: Annual Report 2008. R.28/2009. Presented: 27th March 2009.

Chief Minister.

Former Sunshine Hotel and Sunshine Cottage, St.  Helier: proposed sale. R.29/2009. Presented: 27th March 2009.

Minister for Treasury and Resources.

4. NOTIFICATION OF LODGED PROPOSITIONS

Historic Child Abuse Enquiry: funding for 2009. P.42/2009. Lodged: 26th March 2009.

Minister for Treasury and Resources.

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.

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the proposer of the following proposition lodged au Greffe' has informed the Greffier of the States that it is to be withdrawn –

Ann Court Site, St.  Helier: use for sheltered social housing for the over-55s. P.184/2008. Lodged: 23rd December 2008. (re-issue) Deputy J.A. Martin of St.  Helier.

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

1. – Written Questions (attached)

1. The Minister forTreasury and Resources will tableananswer to a question askedbySenator B.E.Shenton regarding the control of States expenditure.
2. T he Minister for TransportandTechnicalServices will tableananswerto a questionaskedby the Deputy ofSt. Mary regardingthemonitoringand regulation oftheconstructionof the Energy from Wasteplantand all theother activities atLa Collette.
3. T he Minister forHealthandSocialServices will table an answer to a questionaskedbythe Deputy of Grouville regarding thewithdrawalof the reciprocal Healthagreement with the United Kingdom.
4. T he Minister for Housing will tableananswer to a questionaskedby the Deputy ofSt. John regarding the demolition ofAnnCourt.
5. T he Minister forHome Affairs will table ananswer to a question askedbythe Deputy of St. John regarding the importation ofTASAR stun-guns for use in Jersey.
6. T he Minister for EconomicDevelopment will table an answer to a questionaskedby the Deputy of St. John regarding talks between the Red Ensign Group and United Kingdom authorities.
7. T he Minister for TreasuryandResources will table an answer to a questionaskedbythe Deputy of St. John regardingtheEnergy from Wasteplant contract.

8 T he Minister for Social Security will table an answer to a question asked by Deputy G.P.

Southern of St.  Helier regarding statutory notice payments to ex-Woolworths employees.

9.   T he Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the stimulus of the economy.

10  The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of

St.  Helier regarding income inequalities contained within the Strategic Plan.

11  The Minister for Social Security will table an answer to a question asked by Deputy G.P.

Southern regarding the withdrawal of transitional benefits to households receiving Income Support.

12  The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern

regarding the limitation of inward migration.

2. – Oral Questions (90 minutes)

1. Deputy M. Tadier of St.  Brelade will ask the followingquestionof the Minister for Education, Sport andCulture –

" I n the light of the recent appointment of the new Head of La  Moye school, will the Minister confirm that due process was observed by the department and will he inform members of the measures in place to promote home-grown talent to top positions?"

2. The Deputy of St.  Mary will ask the following question of the Minister for Planning and Environment –

" C  ould the Minister explain why licences for land reclamation, bioremediation, ash disposal, aggregates recycling, green waste composting, and storage of asbestos at La  Collette have still to be issued under the Waste Management (Jersey) Law 2005 which came into force in two stages in November 2006 and February 2007?"

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

" I n view of the fact that on 11th November 2003, the States agreed to abolish discrimination of illegitimate offspring and to make proper provision for dependents of the deceased, and further to his written response to a question on 20th January 2009, will the Chief Minister inform Members why the necessary legislation has not yet been lodged?"

4. Deputy M.R.Higginsof St.  Helier will ask thefollowingquestion of the Minister for Transport and TechnicalServices –

" C an the Minister give the Assembly full details of the transfer of thousands of tons of heavily contaminated landfill from the Castle Quay site to La  Collette Reclamation site in recent weeks and advise under which permits, regulations and laws these movements are being carried out?"

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

" W ould the Minister explain what action, if any, he intends to take in negotiating the removal of the ongoing ban on Jersey fishermen landing their catches directly at St. Malo, when they are allowed to do so at St. Brieuc and Roscoff?"

6. Deputy G.P. Southern of St.  Helier will ask the followingquestionoftheChairmanofthe Comitédes Connétable s –

" I s the Chairman satisfied that at the last elections for Deputies, postal ballots were free from any of the following offences: bribery, treating, undue influence, secrecy, impersonation, multiple voting and proxy voting; and that the "traditional standards" of propriety observed at polling stations were carried through to the postal voting context?"

7. Deputy R.G.Le HérissierofSt. Saviour will askthefollowingquestionof the Minister for Planning andEnvironment –

" C an the Minister assure the Assembly that DP(B)2009/03/01, the discharge permit application for the "treated brackish water" from the excavation pit for the incinerator at La Collette, will be treated on its merits and in accordance with the law, and not be influenced by possible delays to the construction of the Energy from Waste plant?"

8. Deputy T.M. Pitman of St.  Helier will askthefollowingquestionof the Chief Minister –

" N otwithstanding the recent personal statement of the Minister for Health and Social Services in the Assembly, does the Chief Minister still retain full confidence in that Minister: and if so, why?"

9. Deputy S.S.P.A.Powerof St.  Brelade will askthefollowingquestionof the Minister forHome Affairs –

"I s the Minister concerned about bicycle users of all ages who cycle through pedestrian

precincts and open areas, against the flow of traffic in one way streets and ignore traffic signals and, if so, would he undertake to address the issue in conjunction with the States of Jersey Police?"

10. The Deputy of Grouville will ask the following question of the Minister for Economic Development –

"W hat measures, if any, has the Minister considered introducing, in order to ensure that

potential visitors from the UK do not choose to holiday elsewhere due to the end of the Reciprocal Health agreement and what estimated loss, if any, does the Minister envisage will occur to our economy as a result of this increase in the cost of visiting the Island?"

11. Deputy K.C. Lewis ofSt. Saviour will ask the following questionoftheMinisterforHome Affairs –

" F urther to yet more reports of young teenagers being drunk and violent in town, what action, if any, has the Minister taken to clamp down on shops selling alcohol to people under age?"

12. Deputy G.P. Southern of St.  Helier will ask the following question of the Chairmanof the Privileges andProcedures Committee –

" D oes the Chairman consider that the Nolan test (wherein if in any doubt about the probity or propriety of your actions, you should ask yourself the question "what would a reasonable observer think?") is relevant to Article 39A of the Public Elections (Jersey) Law 2002?"

13. The Deputy of Grouville willask the following questionof the Minister for Treasury and Resources –

" W ould the Minister confirm what assistance, if any, he receives from his officers, the States Communications Unit or an independent PR person when compiling his answers to questions on GST?"

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

" I s the appointment of a retired overseas police officer to the temporary post of Acting Deputy Chief an indication that none of the current top management of the States of Jersey Police is fit to act above their present rank, and, if so, what impact on officers' morale will the loss of this ideal development opportunity have?"

15. Deputy K.C. Lewis ofSt. Saviour will ask the following questionoftheMinisterforHome Affairs –

" D oes the Minister consider that a change in legislation is required to make parents more responsible for their children's behaviour?"

16. Deputy T.M. Pitman of St.  Helier will askthefollowingquestionof the Attorney General –

" I n the light of the Attorney General's recent confirmation that he has chosen to prosecute only certain  alleged  breaches  of  the  Public  Elections  (Jersey)  Law  2002  and  not  all,  does  the Attorney General now intend to tender his resignation?"

17. Deputy A.T. Dupré of St.  Clement will ask the following questionof the Minister for Health and Social Services –

" N otwithstanding his apology to the Assembly, does the Minister appreciate the hurt that his recent comments may have caused to those people who have suicidal tendencies or who are trying to come to terms with bereavements from suicide?"

18. Deputy R.G.Le Hérissier of St.  Saviour will ask the followingquestionof the Minister for Transport and TechnicalServices –

" W  ould the Minister stipulate the number of school buses that return to town empty during the morning rush-hour and advise what steps, if any, are in place to provide more capacity on public transport during this busy period?"

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

1 s t q u e stion period – Minister for Transport and Technical Services 2 n d q u estion period – Minister for Treasury and Resources

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

Ministerial government: review. P.181/2008. Lodged: 10th December 2008.

Deputy of St.  John.

Ministerial government: review (P.181/2008) – addendum. P.181/2008. Presented: 27th March 2009. Add. Deputy of St.  John.

Ministerial government: review (P.181/2008) – comments. P.181/2008. Presented: 23rd March 2009. Com. Council of Ministers.

Ministerial government: review (P.181/2008) – comments. P.181/2008. Presented: 24th March 2009. Com.(2) Minister for Treasury and Resources.

Draft Royal Court (Amendment No.  12) (Jersey) Law 200-. P.19/2009. Lodged: 9th February 2009.

Chief Minister.

Goods and Services Tax: exemption or zero-rating for foodstuffs and domestic P.28/2009. energy.

Lodged: 24th February 2009.

Deputy of Grouville .

Goods and Services Tax: exemption or zero-rating for foodstuffs and domestic P.28/2009. energy (P.28/2009) – amendment. Amd. Lodged: 24th March 2009.

Deputy A.K.F. Green of St.  Helier.

Draft Employment (Amendment No.  5) (Jersey) Law 200-. P.27/2009. Lodged: 24th February 2009.

Minister for Social Security.

Draft Employment (Amendment No.  5) (Jersey) Law 200- (P.27/2009): P.27/2009. comments. Com.

Presented: 23rd March 2009. Minister for Treasury and Resources.

Draft Employment (Amendment No.  5) (Jersey) Law 200- (P.27/2009): P.27/2009. amendment. Amd. Lodged: 18th March 2009.

Deputy G.P. Southern of St. Helier.

(Cannot be debated before 1st April 2009)

Ex  gratia compensation payment: Mr. and Mrs.  R. Pinel. P.29/2009. Lodged: 4th March 2009.

Senator B.E. Shenton.

Ex  gratia compensation payment: Mr. and Mrs.  R. Pinel (P.29/2009)–  P.29/2009. comments. Com. Presented: 23rd March 2009.

Minister for Treasury and Resources.

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

Lodged: 5th March 2009.

Deputy of St.  Martin.

13. ARRANGEMENT OF PUBLIC BUSINESS

28th April 2009

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.

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

Minister for Social Security.

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

Minister for Home Affairs.

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

Deputy of St.  Martin.

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

Lodged: 24th March 2009. Senator A. Breckon.

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

Minister for Home Affairs.

Historic Child Abuse Enquiry: funding for 2009. P.42/2009. Lodged: 26th March 2009.

Minister for Treasury and Resources.

19th May 2009 2nd June 2009 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.

M.N. DE LA HAYE Greffier of the States

26th March 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 1st and Thursday 2nd April 2009.

Explanatory Note regarding subordinate legislation tabled at this meeting.

(See Item B)

R&O.32/2009.

This Order increases, with effect from 1st April 2009, the value of a parking unit from 54p to 56p or, in the case of certain "hybrid vehicles", from 27p to 28p.

The Order was made on 25th March 2009 and comes into force on 1st April 2009.

WRITTEN QUESTIONS (See Item I(a))

1. The Minister for TreasuryandResources will table ananswertothe following questionaskedbySenator B.E.Shenton –

" What tools, if any, does the Treasurer of the States have at his disposal to control overall States Expenditure?"

2. T he Minister for Transport and Technical Services will table ananswerto the following question askedby the Deputy of St.  Mary –

" C an the Minister inform the Assembly exactly how the monitoring and regulation of the construction of the Energy from Waste plant and of all the other activities at La  Collette is being carried out?

C  ould the Minister advise the Assembly of the checklist of areas of violations of working practices that

inspectors look for, by whom and when this list was drawn up, and the scale of penalties for non- compliance?"

3. T he Minister for Health and Social Services will tableananswer to the following questionaskedby the Deputy of Grouville –

" F ollowing the expiry of the Health agreement with the United Kingdom on 1st April 2009, would the Minister explain –

1. how the decision that the agreementshouldnotberenewedwas arrived at, and the consequence that Jersey residents shouldin future take out their own health insurance before travelling to the United Kingdom(UK)?
2. what steps, if any, the Minister has taken to research and introduce anAll Island Collective Travel Policy for Islanderswhich would covercostsoftreatmentand admission inUKhospitalsand repatriation where necessary and, if not, why not?
3. whether family members,who were born and brought upin Jersey andcomebacktothe Island to visit their relatives, are entitled to free treatment in Jersey's hospital?
4. what provisions, if any, arebeingmadeby the Health and Social ServicesDepartmentfor those persons over 80years old, ifinsurancecompaniesdonotcover them?
5. what would happenif a Jersey person wastaken ill in the UK, repatriated toJerseyand then hadtobe sent back totheUK by Jersey General Hospital for treatment that was not available here?"

4. T he Minister forHousing will table an answer to the following questionaskedby the Deputy ofSt. John –

"Would the Minister advise whether the tender to demolish Ann Court has been accepted, how the process was advertised and whether he has been contacted since its acceptance, with a considerably lower offer to do this work and if so, by how much?

W  ill the Minister advise whether all the debris from the demolition will be taken to La  Collette for recycling

in controlled conditions, and, if not, why not?"

5. T he Minister for Home Affairs will table ananswertothefollowingquestionaskedby the Deputy of St. John –

"Would the Minister advise the Assembly whether talks with the United Kingdom on importing TASAR stun guns for use in Jersey have stalled and, if so, why?

 G  iven that the Isle of Man Police now have this equipment, does the Minister consider that the use of

TASARs in Jersey is appropriate?"

6. T he Minister forEconomicDevelopment will table an answerto the followingquestionaskedbythe Deputy of St.  John –

" W ould the Minister advise whether members of the Red Ensign Group have been meeting with United Kingdom Authorities in recent times and, if so, would he outline the nature of the talks and where the Island stands on any negotiations?"

7. T he Minister for TreasuryandResources will tableananswer to the following question askedby the Deputy of St.  John –

"Given that the Treasury were aware of funding for the Energy from Waste Plant would be required in Euros in July 2008, would the Minister explain why the pre-purchase of euro funds was not put in place at an early stage?"

8. T he Minister forSocialSecurity will table an answer to the followingquestionaskedby Deputy G.P. Southern of St. Helier –

" W ill the Minister give a further update on, and explanation for, the figures he gave to the Assembly in a written response to a question asked by Deputy S. Pitman on 10th March regarding statutory notice payments to ex-Woolworths employees, and, in particular, will he state why only 43 employees out of 84 were eligible to claim?"

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

"In view of the fact that in his written response to a question on 20th January 2009, the Chief Minister promised to share with members the economic analysis of the economy to be discussed during February at the Council of Ministers, and the package of stimulus measures to be completed in the first week of March, would he advise whether he is yet in a position to share this information with members?"

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

" W hat specific and concrete measures, either fiscal or otherwise, does the Chief Minister propose to reduce income inequalities for his 5-year vision for Jersey contained in the Strategic Plan?

W  ill he further comment on the growing inequality in earnings over the last decade, as revealed in Table  A5

of the Jersey Economic Digest 2008, between the Financial Services sector and all other sectors of our

economy, and will he work with his Ministers for Treasury and Resources and Economic Development to address

this widening gap?"

11. The Minister forSocialSecurity will table an answer to the followingquestionaskedby Deputy G.P. Southern –

" W ill the Minister inform members what sum of money, if any, he will be withdrawing from the benefits of households currently in receipt of £22.5 million worth of protected payments on 1st October 2009 when the transitional period for the introduction of the Income Support system comes to an end?

W  ill he further state how the overall sum will be divided between households in the 5  groups mentioned in

his previous oral response (on 10th March 2009), namely

1. those withmoderateto severe disability (0%)
2. those with a pensionerorDTA recipient (25%)
3. those whereincomeexceedsIS entitlement by a factor of 3 ormore(100%)
4. those withthebiggest percentage reduction in income(20%)
5. all otherhouseholds(33%)

a n d how many households each group contains?

Has the Minister given any consideration to postponing this action, given the impact of the recession on the economy and, if so, what success, if any, has he had in negotiations with the Minister for Treasury and Resources and his other colleagues to maintain protected payments?"

12. The Minister forHousing will table an answer to the following questionaskedby Deputy G.P. Southern –

" W ill the Minister inform members how he intends to meet the stated target of limiting inward migration to 200 heads of households (420 in total) given the figures for the numbers of J' Category applicants, showing totals of 498 and 523 approvals (and only around 60 refusals) in 2007 and 2008?

W  hat consideration, if any, has been given to new criteria for new approvals or is the Minister relying on the

recession to reduce recruitment and thereby requests?

W  hat policy, if any, will he apply and at what level following the end of any recession in, for example,

2 years' time?"

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

1st Session –