Order Paper 8th September 2009

STATES OF JERSEY ORDER PAPER

Tuesday 8th September 2009

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

(Explanatory note attached)

Financial Services (Financial Service Business) (Jersey) Order 2009. R&O.74/2009. Minister for Economic Development.

Non-Profit Organizations (Amendment No.  2) (Jersey) Order 2009. R&O.75/2009. Minister for Economic Development.

Financial  Services  (Trust  Company  Business  (Exemptions  Amendment)) R&O.76/2009. (Jersey) Order 2009.

Minister for Economic Development.

Road Racing (Festival of Speed) (Jersey) Order 2009. R&O.77/2009. Minister for Transport and Technical Services.

Court of Appeal (Criminal Reference of Points of Law) Rules 2009. R&O.78/2009. Court of Appeal.

Court of Appeal (Criminal) (Reference for Review of Sentence) Rules 2009. R&O.79/2009. Court of Appeal.

Court of Appeal (Criminal) (Confiscation Order Appeals) Rules 2009. R&O.80/2009. Court of Appeal.

Court of Appeal (Civil) (Amendment No.  3) Rules 2009. R&O.81/2009. Court of Appeal.

Court of Appeal (Civil) (Judicial Review) (Amendment) Rules 2009. R&O.82/2009. Court of Appeal.

Court of Appeal (Criminal) (Amendment) Rules 2009. R&O.83/2009. Court  of  Appeal  and  the  Superior  Number  of  the  Royal  Court  (sitting

together).

Diseases of Animals (Avian Influenza) (Amendment No.  2) (Jersey) Order R&O.84/2009. 2009.

Minister for Planning and Environment.

Social Security (Mariners) (Amendment No. 3) (Jersey) Order 2009. R&O.85/2009. Minister for Social Security.

Road Racing (Motor Vehicle Rally) (Jersey) Order 2009. R&O.86/2009. Minister for Transport and Technical Services.

Education  (Discretionary  Grants – Amounts)  (Amendment)  (Jersey)  Order R&O.87/2009. 2009.

Minister for Education, Sport and Culture.

Jersey International Air Display (Jersey) Order 2009. R&O.88/2009. Minister for Transport and Technical Services.

3. DOCUMENTS PRESENTED OR LAID

Electricity Tariffs: Regulations under Article 22 of the Electricity (Jersey) Law P.41/2009. 1937 (P.41/2009) – comments. Com.(2) Presented: 4th September 2009.

Minister for Treasury and Resources.

Rôle of the unelected members of the States: review – appointment of P.118/2009. chairman and members (P.118/2009) – comments. Com. Presented: 4th September 2009.

Council of Ministers.

States Investment Strategies. R.76/2009. Presented: 17th July 2009.

Minister for Treasury and Resources.

Jersey Overseas Aid Commission: annual report for 2008. R.77/2009. Presented: 17th July 2009.

Jersey Overseas Aid Commission.

States of Jersey Complaints Board: findings – Complaint against a decision of R.78/2009. the Minister for Planning and Environment regarding No.  3 Teighmore Park,

Grouville .

Presented: 20th July 2009.

Privileges and Procedures Committee.

Parliamentary Privilege in Jersey. R.79/2009. Presented: 21st July 2009.

Privileges and Procedures Committee.

Land Transactions under Standing Order 168(3) – Old Blacksmith's Shop, R.80/2009. Corbière, St.  Brelade – lease.

Presented: 22nd July 2009.

Minister for Treasury and Resources.

Jersey Safety Council: Report and Financial Statements for the year ended 31st R.81/2009. December 2008.

Presented: 24th July 2009.

Minister for Social Security.

States of Jersey Law 2005: delegation of functions – Planning and R.82/2009. Environment – July 2009 revised delegations.

Presented: 24th July 2009.

Minister for Planning and Environment.

States of Jersey Law 2005: delegation of functions – Housing – July 2009 R.83/2009. revised delegations.

Presented: 28th July 2009.

Minister for Housing.

Land Transactions under Standing Order 168(3) – R.84/2009.

1. N19, N19A,LC11,E52 and A57, St.  Helier – leases;

2. No. 2,HowardDavisFarm,La Route dela Trinité, Trinity – lease. Presented: 28th July 2009.

Minister for Treasury and Resources.

Criminal Injuries Compensation Board: Report and Accounts for 2008. R.85/2009. Presented: 29th July 2009.

Minister for Home Affairs.

States of Jersey Utility Companies: Financial Reports and Accounts – 2008. R.86/2009. Presented: 3rd August 2009.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – Sea Wall, Pontac to La R.87/2009. Rocque, St.  Clement – proposed transfer of land.

Presented: 7th August 2009.

Minister for Treasury and Resources.

Public Employees Contributory Retirement Scheme: Actuarial Valuation at R.88/2009. 31st December 2007.

Presented: 11th August 2009.

Chief Minister.

Land Transactions under Standing Order 168(3) – R.89/2009.

1. V06Victoria Pier, St. Helier – lease;
2. La RuedelaPoterie, Grouville – exchange and counter-exchange of land

with Jersey Pottery Limited.

Presented: 11th August 2009.

Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – Education, Sport and R.90/2009. Culture.

Presented: 13th August 2009.

Minister for Education, Sport and Culture.

Land Transactions under Standing Order 168 – The Fire House, Western Fire R.91/2009. Station, La Route des Quennevais, St.  Brelade – Lease.

Presented: 14th August 2009.

Minister for Treasury and Resources.

R.92/2009.

Land Transactions under Standing Order 168(3) –

1. A29AlbertPier,E43 Elizabeth Terminal,N20NewNorthQuay and S08 South Pier, St.  Helier – leases;
2. The Supplement Store, FortRegent – lease;
3. Le Belon, 2 LeClosVallois,LePassage, St.  Lawrence – Assisted House Purchase property;
4. The Fire House, Western Fire Station, La Route des Quennevais,

St.  Brelade – lease.

Presented: 25th August 2009.

Minister for Treasury and Resources.

States of Jersey Complaints Board: findings – Complaint against a decision of R.93/2009. the Minister for Planning and Environment regarding the development of

Field  268, Les Croix, La Rue du Tas de Geon, Trinity .

Presented: 28th August 2009.

Privileges and Procedures Committee.

Land Transactions under Standing Order 168(3) – Springfield Sports Stadium R.94/2009. Café premises – lease.

Presented: 28th August 2009.

Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – Assistant Minister for R.95/2009. Transport and Technical Services.

Presented: 2nd September 2009.

Minister for Transport and Technical Services.

States of Jersey Complaints Board: findings – Complaint against a decision of R.96/2009. the Minister for Planning and Environment regarding the refusal for

permission to change a dormer window into a bi-folding door and balcony.

Presented: 3rd September 2009.

Privileges and Procedures Committee.

Privileges and Procedures Committee: report concerning the Royal Court cases R.97/2009. against Deputy G.P. Southern and Deputy S. Pitman.

Presented: 3rd September 2009.

Privileges and Procedures Committee.

Land Transaction – Grève de Lecq Rockface and Headland on North-West R.98/2009. Coast, St. Ouen – cession to the Public.

Presented 3rd September 2009.

Minister for Treasury and Resources.

Population Policy (S.R.3/2009): response of the Chief Minister. S.R.3/2009. Presented: 27th July 2009. Res. Chief Minister.

Economic Stimulus Plan (P.55/2009) (S.R.4/2009): response of the Minister S.R.4/2009. for Treasury and Resources. Res. Presented: 29th July 2009.

Minister for Treasury and Resources.

Co-ordination of Services for Vulnerable Children: Sub-Panel Review. S.R.6/2009. Presented: 27th July 2009.

Health, Social Security and Housing Scrutiny Panel.

S.R.7/2009.

Prison Board of Visitors.

Presented: 18th August 2009.

Education and Home Affairs Scrutiny Panel.

Air Quality Review: report of the Environment Scrutiny Panel (S.R.8/2008) – S.R.8/2008. response of the Minister for Planning and Environment. Res. Presented: 28th July 2009.

Minister for Planning and Environment.

Air Quality Review: report of the Environment Scrutiny Panel (S.R.8/2008) – S.R.8/2008. response of the Minister for Health and Social Services. Res.(2) Presented: 20th August 2009.

Minister for Health and Social Services.

Long term care of the elderly (S.R.12/2008): response of the Minister for S.R.12/2008. Social Security. Res.(3) Presented: 21st July 2009.

Minister for Social Security.

Urban Regeneration Review (S.R.15/2008): response of the Minister for S.R.15/2008. Planning and Environment. Res. Presented: 28th July 2009.

Minister for Planning and Environment.

Public Accounts Committee: Review of the report of the Comptroller and P.A.C.1/2009. Auditor General entitled: "Energy from waste plant: management of foreign

currency exchange risks".

Presented: 10th August 2009.

Public Accounts Committee.

4. NOTIFICATION OF LODGED PROPOSITIONS

Composition and election of the States: revised structure (P.72/2009) – second P.72/2009. amendment. Amd.(2) Lodged: 28th July 2009. (re-issue) Connétable of St. Clement.

Composition and election of the States: revised structure (P.72/2009) – second P.72/2009. amendment (P.72/2009  Amd.(2)) – amendment. Amd.(2) Lodged: 18th August 2009. Amd. Deputy T.M. Pitman of St.  Helier.

Composition and election of the States: revised structure (P.72/2009) – third P.72/2009. amendment. Amd.(3) Lodged: 18th August 2009.

Deputy T.M. Pitman of St.  Helier.

Composition and election of the States: revised structure (P.72/2009) – fourth P.72/2009. amendment. Amd.(4) Lodged: 4th September 2009.

Deputy of St. Mary.

States of Jersey Complaints Panel: appointment of members. P.116/2009. Lodged: 21st July 2009.

Privileges and Procedures Committee.

Draft Annual Business Plan 2010. P.117/2009. Lodged: 21st July 2009.

Chief Minister.

Draft Annual Business Plan 2010 (P.117/2009): amendment. P.117/2009. Lodged: 24th August 2009. Amd. Deputy G.P. Southern of St. Helier.

Rôle of the unelected members of the States: review – appointment of P.118/2009. chairman and members.

Lodged: 23rd July 2009.

Deputy of St.  Martin.

Wheel clamping: introduction of legislation. P.119/2009. Lodged: 28th July 2009.

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

Draft Gambling (2010 Fees) (Jersey) Regulations 200-. P.120/2009. Lodged: 28th July 2009.

Minister for Economic Development.

Police Act 1997: extension of Part  V to Jersey by Order in Council. P.121/2009. Lodged: 29th July 2009.

Chief Minister.

Custody Visitor Scheme. P.122/2009. Lodged: 3rd August 2009.

Deputy of St.  Martin.

Custody Visitor Scheme (P.122/2009): amendment. P.122/2009. Lodged: 25th August 2009. Amd. Minister for Home Affairs.

Draft Marriage and Civil Status (Amendment No.  3) (Jersey) Law  200-. P.123/2009. Lodged: 5th August 2009.

Minister for Home Affairs.

Law Society Disciplinary Panel: appointment of lay member. P.124/2009. Lodged: 7th August 2009.

Chief Minister.

Public Employees Contributory Retirement Scheme Committee of P.125/2009. Management: membership.

Lodged: 11th August 2009.

Chief Minister.

Draft Public Employees (Contributory Retirement Scheme) (General) P.126/2009. (Amendment No.  10) (Jersey) Regulations 200-.

Lodged: 11th August 2009.

Chief Minister.

Jersey Law Commission: re-appointment of Chairman and Commissioner. P.127/2009. Lodged: 13th August 2009.

Chief Minister.

Draft Road Traffic (No.  59) (Jersey) Regulations 200-. P.128/2009. Lodged: 18th August 2009.

Minister for Home Affairs.

Jersey Police Complaints Authority: appointment of Chairman and members. P.129/2009. Lodged: 18th August 2009.

Minister for Home Affairs.

Rental Deposit Scheme to protect tenants' deposits. P.130/2009. Lodged: 18th August 2009.

Deputy G.P. Southern of St. Helier.

Verita Investigation: extension to cover exclusion of Consultant Obstetrician P.131/2009. and Gynaecologist.

Lodged: 18th August 2009.

Deputy of St.  Martin.

Draft Sex Offenders (Jersey) Law 200-. P.132/2009. Lodged: 19th August 2009.

Minister for Home Affairs.

Draft Amendment (No.  12) of the Standing Orders of the States of Jersey. P.133/2009. Lodged: 19th August 2009.

Privileges and Procedures Committee.

Draft Protection of Children (Cigarette Lighter Refill) (Jersey) Regulations P.134/2009. 200-.

Lodged: 24th August 2009.

Minister for Economic Development.

Millennium Town Park: funding from the Stabilisation Fund. P.135/2009. Lodged: 24th August 2009.

Deputy G.P. Southern of St. Helier.

Civil Partnerships. P.136/2009. Lodged: 4th September 2009.

Chief Minister.

Draft Companies (Amendment No.  4) (Jersey) Regulations 200-. P.137/2009. Lodged: 4th September 2009.

Minister for Economic Development.

5. WITHDRAWAL OF LODGED PROPOSITIONS

In accordance with Standing Order 34(1), the proposers of the following propositions lodged au Greffe' have informed the Greffier of the States that they are to be withdrawn –

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.

Draft Gambling (2010 Fees) (Jersey) Regulations 200-. P.120/2009. Lodged: 28th July 2009.

Minister for Economic Development.

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

1. – Written Questions (attached)

1.  The Minister for Economic Development will table an answer to a question asked by the Deputy of St. John regarding the re-fit of the fisheries vessel the Norman Le Brocq.

2  T he Minister for Transport and Technical Services will table an answer to a question asked by

the Deputy of St. John regarding the completion dates of works undertaken at Les Charrières de Bonne Nuit.

3. The Minister for Treasury and Resources will table an answer to a questionaskedbythe Deputy of St. John regarding the funding of the Energy from Waste Plantand the pre-purchaseof Euros.
4. T he Minister for TreasuryandResources will table an answer to a questionaskedbythe Deputy of St. John regardingthe settlement ofaccountsbyHarcourt.
5. T he Minister for EconomicDevelopment will table an answer to a questionaskedby the Deputy ofSt. Mary regardingthecompensationpaymentstoAlternateInsuranceServices Limited investors.
6. T heChairmanoftheComité des Connétable swilltableananswer to a questionaskedby the Deputy of St. Maryregarding the rôle ofparishassembliesin the democratic life of the Island.
7. The Minister for Planning andEnvironmentwill table ananswerto a questionasked by the Deputy of St. Mary regarding conditions imposedondevelopersandcontractors when granting planning permission for theCastleQuaysdevelopment.
8. T he Minister for Health and Social Services will table an answerto a question askedby Deputy A.E. Jeune of St. Brelade regarding nurses and midwivesemployedby Health and Social Services.
9. T heMinisterfor Education, Sport and Culture will table an answer to a questionasked by Senator B.E.Shenton regarding the detailed breakdownofgradesatA' level byHautlieu students.
10. The Minister for Education, Sport and Culture will tableananswer to a question asked by S enatorB.E.Shentonregardingthe detailed breakdownof G.C.S.E gradesbystudents in the non fee paying sector.
11. The Minister for TransportandTechnicalServices will tableananswerto a questionaskedby the Deputy of St. Maryregarding the tipping ofinertwasteatLa Collette.
12. The Minister for TreasuryandResources will table an answer to a questionaskedbythe Deputy of St. Maryregarding the overspendon the incinerator to date.
13. The Minister for Home Affairs will table an answer to a questionaskedby Deputy R.G.Le

Hérissier of St. Saviour regarding the annual cost of imprisoning an inmate at H.M.P. La Moye and

the cost of security for an overnight hospital stay for an inmate.

14. The Minister for Health and SocialServices will table ananswerto a questionaskedby Deputy R.G.LeHérissierof St. Saviour regarding the savings measures proposedbefore the summer recess.
15. The Minister forHealthandSocialServices will table an answer to a questionaskedbythe Deputy of St. Martin regarding the Verita investigation and issues relating to the Locum Consultant Gynaecologist.
16. The Minister forHealthandSocialServices will table an answer to a questionaskedbythe Deputy of St. Martin regarding the Verita investigation and issues relating to a Senior Consultant Gynaecologist.

2. – Oral Questions (120 minutes)

1. D eputyJ.A.HiltonofSt.Helier will ask the following question of the Minister for Healthand Social Services –

" W ould the Minister explain the criteria used when applying for a Secure Accommodation Order for young people in the care of the Children's Service and state how many Orders have been applied for during the past two years and how many have been refused by the Court when dealing with the matter?"

2. D eputy M. Tadier of St.Brelade will ask the followingquestionof the Minister for Economic Development –

" C an the Minister confirm if the administration of Woolworths Jersey is yet completed, whether there is likely to be any cost to the Jersey taxpayer arising from this, if the entire residue of local assets has or will be returned to the UK for distribution to creditors and whether he is satisfied that Jersey creditors are not receiving any unfair advantage over those in the UK?"

3. D eputyT.A. Vallois of St. Saviour will ask the following question of the Minister forHousing –

" C ould the Minister justify the rise of housing rentals by 2.5% as of October 2009 and explain whether this will have a positive economic effect?"

4. D eputyA.K.F.Greenof St. Helier will askthefollowingquestionof the Chief Minister –

" W ill the Chief Minister advise the Assembly how he proposes to reduce the Customer Service Department from a budget of £447,300 to £277,400 and yet increase the FTE from 11.7 to 12.3 as shown on page 17 of the annex to the draft Annual Business Plan 2010?"

5. D eputyK.C. Lewis ofSt.Saviour will ask the following questionof the Minister for Home Affairs –

" A s many countries now have a zero tolerance approach to drink driving, does the Minister consider this policy should be introduced in Jersey, and, if not, why not?"

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

" G iven that Hospitals and emergency services work 24/7 and that the States is totally reliant on its computer systems, would the Chief Minister advise why support staff from the Computer

Services department are not on duty 24/7 to provide technological support in the event of a system

breakdown?"

7. D eputyA.E. Jeune of St. Brelade will ask the following questionof the Minister for Education, Sport andCulture –

" C ould the Minister please advise the Assembly of the number of Jersey students known to have attended university to study for a nursing diploma or degree, giving the number by year of entry over the past 5 years; the number who plan to commence such study this coming academic year; and the number who have returned to Jersey following qualification in the past 5 years?"

8. D eputyR.G.LeHérissierof St. Saviour will ask the followingquestionof the Minister for Economic Development –

" D oes the Minister regard the new Jersey Post scheme (Ship2Me) as compatible with the Think Twice Buy Local' policy of his Department?"

9. T he Deputy ofSt. Martin will ask thefollowingquestionof the Minister forHealth and Social Services –

" G iven that on 30th June 2009 the Minister stated "that accommodation for Verita will no longer be available on Health and Social Services Department premises and interviews will also take place away from HSSD", will the Minister assure Members that no interviews have taken place on HSSD premises and Verita personnel have not held meetings with any of the Department's Senior Management Team either on or off HSSD premises since?"

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

" A s the Swedish Island of Gotland is planning to build a competition size swimming pool to challenge Jersey for the 2015 Island Games, is the Minister satisfied that the pool facilities in Jersey will be adequate?"

11. The Deputy of Grouville will ask thefollowingquestionoftheMinisterforTransport and Technical Services –

" W ould the Minister confirm whether Connex is offering unscheduled services that would otherwise be undertaken by private coach companies and, if so, would he state whether this is appropriate for a company that is subsidised by the taxpayer?"

12. Deputy J.A. Martin of St. Helier will ask the followingquestionofthe Chairman of the Comité des Connétable s –

" W hat laws, if any, need to be changed and in what timescale, in order to train the honorary police to be able to support the States of Jersey Police in any parish in which an additional police presence could be required on certain nights?"

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

" W ould the Minister inform members whether he intends to bring forward proposals to introduce the UK National Lottery to Jersey in the near future and, if so, state when this will be done so that additional funds are available to the cultural and heritage organisations in the Island that are currently suffering from a funding crisis?"

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

" W  hat role, if any, does the Minister see for backbenchers in formulating policy with respect to external affairs?"

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

" W  ill the Chief Minister assure Members that the Panel to review the continuing need for suspensions is operating in line with P.98/2009 approved by the States on 1st July 2009 and advise what steps, if any, have been taken to ensure that suspended States employees are informed that they are now able to seek a review for the continuation of their suspensions?"

16. Deputy M. Tadier of St. Brelade will ask the following question of the President of the Chairmen'sCommittee –

" W  ill the Chairman inform members of the rationale behind requiring members of the so-called unaccredited media' to give three days notice if they wish to film a Scrutiny hearing, when this same notice period does not apply to members of the established media?"

17. Deputy J.A.Martinof St. Helier will ask the followingquestionofthe Minister for Home Affairs –

" W  ould the Minister consider introducing a low cost formal identity card, issued following the production of a valid passport, which would obviate the present need for young people to carry their £72 passports as proof of age when entering licences premises?"

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

1 s t q u e stion period – Minister for Education, Sport and Culture 2 n d q u estion period – Minister for Health and Social Services

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

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

Lodged: 24th March 2009.

Senator A. Breckon.

Electricity tariffs: Regulations under Article  22 of the Electricity (Jersey) Law P.41/2009. 1937 (P.41/2009) – comments. Com. Presented: 27th April 2009.

Minister for Economic Development.

Electricity Tariffs: Regulations under Article 22 of the Electricity (Jersey) Law P.41/2009. 1937 (P.41/2009) – comments. Com.(2) Presented: 4th September 2009.

Minister for Treasury and Resources.

Electricity tariffs: Regulations under Article  22 of the Electricity (Jersey) Law P.41/2009. 1937 (P.41/2009) – amendment. Amd. Lodged: 26th May 2009.

Senator A. Breckon.

Composition and election of the States: revised structure. P.72/2009. Lodged: 19th May 2009.

Privileges and Procedures Committee.

Composition and election of the States: revised structure (P.72/2009) – P.72/2009. comments. Com. Presented: 18th June 2009.

Minister for Treasury and Resources.

Composition and election of the States: revised structure (P.72/2009) – P.72/2009. amendment. Amd. Lodged: 25th June 2009.

Deputy of St.  Martin.

Composition and election of the States: revised structure (P.72/2009) – second P.72/2009. amendment. Amd.(2) Lodged: 28th July 2009. (re-issue) Connétable of St. Clement.

Composition and election of the States: revised structure (P.72/2009) – second P.72/2009. amendment (P.72/2009  Amd.(2)) – amendment. Amd.(2) Lodged: 18th August 2009. Amd. Deputy T.M. Pitman of St.  Helier.

Composition and election of the States: revised structure (P.72/2009) – third P.72/2009. amendment. Amd.(3) Lodged: 18th August 2009.

Deputy T.M. Pitman of St.  Helier.

Composition and election of the States: revised structure (P.72/2009) – fourth P.72/2009. amendment. Amd.(4) Lodged: 4th September 2009.

Deputy of St. Mary.

Ann Court housing site, St.  Helier: temporary use. P.108/2009. Lodged: 30th June 2009.

Connétable of St. Helier.

Ann Court housing site, St.  Helier: temporary use (P.108/2009) – comments. P.108/2009. Presented: 8th July 2009. Com. Minister for Housing.

Composition and election of the States: single election day each year. P.109/2009. Lodged: 30th June 2009.

Deputy J.A.N. Le  Fondré of St. Lawrence.

Composition and election of the States: single election day each year P.109/2009. (P.109/2009) – comments. Com. Presented: 14th July 2009.

Privileges and Procedures Committee.

Criminal Injuries Compensation Scheme: revised Scheme. P.113/2009.

Lodged: 8th July 2009. Minister for Home Affairs.

NOTE: The  Greffier  has  been  advised  by  the  proposers  of  the  following propositions that, in accordance with Standing Order 32, which requires at least two  clear  working  days' notice  to  be  given  before  the  meeting  date  for  a proposition not previously agreed to be debated, they wish for their propositions to be considered by the States at this meeting. This matter will be considered at the start of this meeting –

States of Jersey Complaints Panel: appointment of members. P.116/2009. Lodged: 21st July 2009.

Privileges and Procedures Committee.

Rôle of the unelected members of the States: review – appointment of chairman P.118/2009. and members.

Lodged: 23rd July 2009.

Deputy of St.  Martin.

Rôle of the unelected members of the States: review – appointment of chairman P.118/2009. and members (P.118/2009) – comments. Com. Presented: 4th September 2009.

Council of Ministers.

Police Act 1997: extension of Part  V to Jersey by Order in Council. P.121/2009. Lodged: 29th July 2009.

Chief Minister.

(Cannot be debated until 9th September 2009)

Custody Visitor Scheme. P.122/2009. Lodged: 3rd August 2009.

Deputy of St.  Martin.

Custody Visitor Scheme (P.122/2009): amendment. P.122/2009. Lodged: 25th August 2009. Amd. Minister for Home Affairs.

Law Society Disciplinary Panel: appointment of lay member. P.124/2009. Lodged: 7th August 2009.

Chief Minister.

Public Employees Contributory Retirement Scheme Committee of P.125/2009. Management: membership.

Lodged: 11th August 2009.

Chief Minister.

Jersey Law Commission: re-appointment of Chairman and Commissioner. P.127/2009. Lodged: 13th August 2009.

Chief Minister.

Verita Investigation: extension to cover exclusion of Consultant Obstetrician P.131/2009. and Gynaecologist.

Lodged: 18th August 2009.

Deputy of St.  Martin.

13. ARRANGEMENT OF PUBLIC BUSINESS

22nd September 2009

Draft Annual Business Plan 2010. P.117/2009. Lodged: 21st July 2009.

Chief Minister.

Draft Annual Business Plan 2010 (P.117/2009): amendment. P.117/2009. Lodged: 24th August 2009. Amd. Deputy G.P. Southern of St. Helier.

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

Senator S. Syvret.

Child abuse compensation claims: freedom of expression for survivors P.49/2009. (P.49/2009) – comments. Com. Presented: 11th May 2009.

Council of Ministers.

Child abuse compensation claims: freedom of expression for survivors P.49/2009. (P.49/2009) – amendment. Amd. Lodged: 29th April 2009.

Council of Ministers.

6th October 2009

Property and Infrastructure Regeneration: the States of Jersey Development P.79/2009. Company Limited.

Lodged: 2nd June 2009.

Council of Ministers.

Property and Infrastructure Regeneration: the States of Jersey Development P.79/2009. Company Limited (P.79/2009) – amendment. Amd. Lodged: 8th June 2009.

Connétable of St. Helier.

Draft Honorary Police (Repeals) (Jersey) Law 200-. P.114/2009. Lodged: 13th July 2009.

Comité des Connétable s.

Draft Honorary Police (Amendment) (Jersey) Regulations 200-. P.115/2009. Lodged: 13th July 2009.

Comité des Connétable s.

Wheel clamping: introduction of legislation. P.119/2009. Lodged: 28th July 2009.

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

Draft Marriage and Civil Status (Amendment No.  3) (Jersey) Law  200-. P.123/2009. Lodged: 5th August 2009.

Minister for Home Affairs.

Draft Public Employees (Contributory Retirement Scheme) (General) P.126/2009.

(Amendment No.  10) (Jersey) Regulations 200-. Lodged: 11th August 2009.

Chief Minister.

Draft Road Traffic (No.  59) (Jersey) Regulations 200-. P.128/2009. Lodged: 18th August 2009.

Minister for Home Affairs.

Jersey Police Complaints Authority: appointment of Chairman and members. P.129/2009. Lodged: 18th August 2009.

Minister for Home Affairs.

Rental Deposit Scheme to protect tenants' deposits. P.130/2009. Lodged: 18th August 2009.

Deputy G.P. Southern of St. Helier.

Draft Sex Offenders (Jersey) Law 200-. P.132/2009. Lodged: 19th August 2009.

Minister for Home Affairs.

Draft Amendment (No.  12) of the Standing Orders of the States of Jersey. P.133/2009. Lodged: 19th August 2009.

Privileges and Procedures Committee.

Draft Protection of Children (Cigarette Lighter Refill) (Jersey) Regulations 200- P.134/2009. .

Lodged: 24th August 2009.

Minister for Economic Development.

Millennium Town Park: funding from the Stabilisation Fund. P.135/2009. Lodged: 24th August 2009.

Deputy G.P. Southern of St. Helier.

20th October 2009

Draft Banking Business (Depositors Compensation) (Jersey) Regulations 200- P.86/2009. second reading.

Lodged: 2nd June 2009.

Minister for Economic Development.

(principles approved 15th July 2009)

Draft Banking (Depositors Compensation) (Jersey) Regulations  200-. P.87/2009. Lodged: 2nd June 2009.

Minister for Economic Development.

Strategic Reserve Fund: use for Bank Depositors' Compensation Scheme. P.84/2009. Lodged: 2nd June 2009.

Minister for Treasury and Resources.

Draft Public Finances (Depositors Compensation) (Jersey) Regulations 200-. P.85/2009. Lodged: 2nd June 2009.

Minister for Treasury and Resources.

Draft Income Tax (Amendment No.  32) (Jersey) Law 200-. P.81/2009. Lodged: 2nd June 2009.

Minister for Treasury and Resources.

Committee of Inquiry: confidential files held by States of Jersey Police on P.104/2009. States Members and others.

Lodged: 23rd June 2009.

Deputy M.R. Higgins of St.  Helier.

Draft Shops (Regulation of Opening and Deliveries) (Jersey) Law  200-. P.111/2009. Lodged: 1st July 2009.

Minister for Economic Development.

Code of Practice for Scrutiny Panels and the Public Accounts Committee: P.112/2009. amendments.

Lodged: 6th July 2009.

Chairmen's Committee.

Civil Partnerships. P.136/2009. Lodged: 4th September 2009.

Chief Minister.

Draft Companies (Amendment No.  4) (Jersey) Regulations 200-. P.137/2009. Lodged: 4th September 2009.

Minister for Economic Development.

3rd November 2009

Pension Schemes: dealing with the past service liability. P.110/2009. Lodged: 1st July 2009.

Senator B.E. Shenton.

M.N. DE LA HAYE Greffier of the States

3rd September 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  9th,  Thursday  10th  (a.m.  only)  and  Friday  11th September 2009.

Explanatory Note regarding subordinate legislation tabled at this meeting.

(See Item B)

R&O.74/2009.

This Order consolidates various Orders that prescribe classes of financial service business in respect of which application may be made under the Financial Services (Jersey) Law 1998.

It also takes account of the enactment of the Foundations (Jersey) Law 2009.

The Order was made on 16th July 2009 and came into force on 17th July 2009.

R&O.75/2009.

This Order adds 2 more exemptions to those persons registered under the Financial Service (Jersey) Law 1998 who  are  not  required  to  register  under  the  Non-Profit  Organizations (Jersey)  Law 2008.  They  are  persons associated with foundations.

The Order was made on 16th July 2009 and came into force on 17th July 2009. R&O.76/2009.

This Order adds various exemptions to the trust company business exemptions as a result of the Foundations (Jersey) Law 2009 coming into force.

The Order was made on 17th July 2009 and came into force on the day it was made. R&O.77/2009.

This Order allows the Classic and Vintage Motor Racing Club of Jersey Limited to close roads to hold sprint races on the Five Mile Road on 28th August 2009 and hill climbs at Grève de Lecq on 29th and 30th August 2009.

The Order was made on 17th July 2009 and came into force forthwith. R&O.78/2009.

These Rules of Court repeal and re-enact the Court of Appeal (Criminal) (Reference of Points of Law) Rules 1990. Those Rules were made in pursuance of Article 46 of the Court of Appeal (Jersey) Law 1961" (the Law"). However, the Court of Appeal (Amendment No. 8) (Jersey) Law 2008 has amended the 1961 Law in a number of respects, including the replacement of Article 46 with Rule making powers under Article 40 of th Law, but extended by the new Article 46D(g) to include power to make Rules of Court governing practice and procedure in relation to any application, reference or appeal by the Attorney General under Part 4 of the Law.

Part  4 has been re-written so as to provide for the following references and appeals by the Attorney General –

• Article 45 – Reference to Court of Appeal of point of law following acquittal

• Article 45A – Reference to Court of Appeal for review of sentence

• Article 45D – Appeal by Attorney General in respect of confiscation order.

References by the Attorney General to the Court of Appeal of a point of law have been possible since the Law was amended in 1989 to provide for such references. References by the Attorney General to the Court of Appeal for review of unduly lenient sentences and appeals by Attorney General in respect of confiscation orders are only now made possible by the amendments to the Law contained in the Court of Appeal (Amendment No.  8) (Jersey) Law 2008.

These Rules of Court – relating to references to the Court of Appeal of a point of law following acquittal – consist of 9 Rules and 1 Schedule.

Rule 1 defines certain termse.g. a "reference" means a reference in pursuance of Article 45 of the Law and "respondent" means the acquitted person in whose case the point of law arose.

Rule  2makes various requirements as to the form and content of a reference.

Rule  3 provides for the giving of notice of a reference (by lodging copies with the Judicial Greffier).

Rule  4 imposes certain requirements upon the Judicial Greffier to send a copy of the reference (together with a form of respondent's notice) to the respondent and to advise the respondent of certain matters, including the availability of legal aid.

Rule  5 makes provision as regards the respondent's notice and the applications contained in it; and as regards the lodging of arguments and authorities to be put or cited to the Court.

Rule  6 enables theAttorney General to withdraw or amend an application or reference before the hearing, or, after the hearing has begun, to do so with leave.

Under Rule  7 theCourt must not allow anyone to identify the respondent during proceedings on a reference unless the respondent gives permission.

Rule  8 revokes the Court of Appeal (Criminal) (Reference of Points of Law) Rules 1990.

Rule  9 is the citation and commencement provision, commencement being linked to the coming into force of the Court of Appeal (Amendment No.  8) (Jersey) Law 2008.

The Schedule contains the form of respondent's notice (sent by the Judicial Greffier under Rule  4).

The Rules were made by the Court of Appeal on 20th July 2009 and came into force on 3rd August 2009.

R&O.79/2009.

The Court of Appeal (Amendment No.  8) (Jersey) Law 2008 amended the Court of Appeal (Jersey) Law 1961 in a number of respects, both in relation to civil and criminal matters. Amongst the reforms in criminal matters is a new Article  45A enabling the Attorney General to refer to the Court of Appeal (with that Court's leave) any sentence imposed by the Royal Court that he considers to have been unduly lenient.

These Rules of Court regulate practice and procedure in connexion with an application by the Attorney General for leave to make a reference under Article  45A. They consist of 8  Rules and 1  Schedule.

Rule 1 defines certain terms e.g. an "application" means an application by the Attorney General for leave to refer an unduly lenient sentence; and a "reference" means the actual reference under Article 45A (if leave is given). Rule 2requires an application to be in writing and to specify the basic details regarding the offender and the date of conviction/sentence, etc. The application must state why it appears to the Attorney General that the sentencing of the offender was unduly lenient and go on to summarize the arguments in support and identify any relevant authorities.

Rule  3provides that notice of the application is given by lodging 5  copies of it with the Judicial Greffier.

Rule  4requires the Judicial Greffier within 2 working days –

to send a copy of the application to the offender by recorded delivery together with a respondent's notice form (as set out in the Schedule); and

to advise the offender, amongst other things –

• that the outcome of the reference may mean an increase in the offender's sentence,
• that the offender may serve a respondent's notice, and
• of the availability of legal aid.

Rule 5provides that the offender may serve a respondent's notice – and must do so if he or she wants to make representations to the Court, or if the Court so directs. Any such notice must be sent to the Judicial Greffier, and copied to the Attorney General, within 14 days; and mustinclude any application for an extension of time and/or permission to attend a hearing (if permission is needed).

A respondent who has lodged a notice then has 28 days to lodge with the Judicial Greffier 5 copies of a summary of the arguments he or she intends to put to the Court, and the authorities he or she intends to cite.

Rule 6empowers the Court of Appeal, if it gives the Attorney General leave to make a reference, to treat the application for leave as the actual reference. If the Court does not treat the application for leave as the reference, it must give directions with regard to the hearing of the reference.

Rule 7enables the Attorney General to withdraw or amend an application or reference before the hearing. But once the hearing has begun, this can only be done with the leave of the Court.

Rule  8 is the citation and commencement provision, commencement being linked to the coming into force of the Court of Appeal (Amendment No.  8) (Jersey) Law 2008.

The Schedule contains the standard form of respondent's notice (sent by the Judicial Greffier to the offender under Rule 4).

The Rules were made by the Court of Appeal on 20th July 2009 and came into force on 3rd August 2009.

R&O.80/2009.

These Rules of Court regulate practice and procedure in connexion with applications by the Attorney General for

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leave to appeal under Article 45D of the Court of Appeal (Jersey) Law 1961 in respect of confiscation orders. They consist of 8 Rules and 1 Schedule.

Rule  1 defines certain terms including –

• "a p plication" which means an application for leave to appeal under Article 45D;

• "a p peal" which means the actual appeal under Article 45D (if leave is given);

• " d efendant" which is defined as per Article 1(1) of the Proceeds of Crime (Jersey) Law 1999i.e. a person against whom proceedings have been instituted for an offence specified in Schedule 1 of that

Law (whether or not that person has been convicted).

Rule 2requires an application to be in writing and to specify the basic details regarding the defendant and the date of the Royal Court ruling, etc. The application must state the grounds of appeal and the question of fact or law involved and also summarize the arguments in support and identify any relevant authorities.

Rule  3provides that notice of the application is given by lodging 5  copies of it with the Judicial Greffier.

Rule  4requires the Judicial Greffier within 2 working days –

• to send a copy of the application to the defendant by recorded delivery together with a respondent's

notice form (as set out in the Schedule); and

• to advise the defendant, among other things –

that an appeal could result in the Court increasing a confiscation order already imposed on the defendant, making a confiscation order itself or directing the Royal Court to hold another confiscation hearing,

that the defendant may serve a respondent's notice, and

of the availability of legal aid.

Rule 5provides that the defendant may serve a respondent's notice – and must do so if he or she wants to oppose the application, or if the Court so directs. Any such notice must be sent to the Judicial Greffier, and copied to the Attorney General, within 14 days; and mustinclude any application for an extension of time and/or permission to attend a hearing.

A respondent who has lodged a notice then has 28  days to lodge with the Judicial Greffier 5  copies of a summary of the arguments he or she intends to put to the Court, and the authorities he or she intends to cite.

Rule  6 empowers the Court of Appeal, if it gives the Attorney General leave to appeal, to treat the application for leave as the actual appeal. If the Court does not treat the application for leave as the appeal, it must give directions with regard to the hearing of the appeal.

Rule  7 enables theAttorney General to withdraw or amend an application or appeal before the hearing. But once the hearing has begun, this can only be done with the leave of the Court.

Rule  8 is the citation and commencement provision, commencement of the Rules being linked to the coming into force of the Court of Appeal (Amendment No.  8) (Jersey) Law 2008.

The Schedule contains the prescribed form of respondent's notice (sent by the Judicial Greffier to the defendant under Rule  4).

The Rules were made by the Court of Appeal on 20th July 2009 and came into force on 3rd August 2009.

R&O.81/2009.

These Rules of Court – consisting of 7 Rules – amend the Court of Appeal (Civil) Rules 1964 ("the principal Rules"). The amendments stem from several recommendations originally made by Sir Godfray Le Quesne.

Rule 1 defines the principal Rules'.

Rule  2 substitutes Rule  3 of the principal Rules to make it clear that an application for leave to appeal must be made within 1  month from the date on which the judgment or order of the court below was pronounced.

Rule  3 amends Rule  7 of the principal Rules to make it clear that a copy of the transcript must be supplied to every party to the appeal (and not just the appellant) and that copies of the transcript are to be furnished upon payment of charges fixed by Rules of Court.

Rule 4 amends Rule 8(1) and Rule 10 of the principal Rules so as to require that the appellan'ts case be lodged within 1 month of the appellant having received the transcript of the Royal Court proceedings from the Judicial Greffier (instead of within 4 months at present).

Rule  5 inserts a new Rule  10A in the principal Rules providing for voluntary abandonment of a civil appeal by written notice to the Judicial Greffier (subject to the Court's discretion as to costs).

Rule  6 amends Rule  16 of the principal Rules (relating to extensions of time). The amendments in part are consequential on other amendments to the principal Rules and in part clarify the power of the Court to abridge time.

Rule  7 is the citation and commencement provision.

The Rules were made by the Court of Appeal on 20th July 2009 and, in common with the Court of Appeal (Amendment No.  8) (Jersey) Law 2008, came into force on 3rd August 2009.

R&O.82/2009.

These Rules of Court amend the Court of Appeal (Civil) (Judicial Review) Rules 2000 consequentially upon alterations to the Court of Appeal (Civil) Rules 1964 made by the Court of Appeal (Civil) (Amendment No.  3)

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Rules 2009.

The Rules were made by the Court of Appeal on 20th July 2009 and came into force on 3rd August 2009, at the same time as the Court of Appeal (Amendment No.  8) (Jersey) Law 2008.