Order Paper 20th April 2010.

STATES OF JERSEY ORDER PAPER

Tuesday 20th April 2010

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

(Explanatory note attached)

Companies (Audit) (Jersey) Order 2010. R&O.30/2010. Minister for Economic Development.

Companies (GAAP) (Jersey) Order 2010. R&O.31/2010. Minister for Economic Development.

Companies (Professional Oversight Board) (Jersey) Order 2010. R&O.32/2010. Minister for Economic Development.

Diseases of Animals (Revocations) (Jersey) Order 2010. R&O.33/2010. Minister for Planning and Environment.

Tour de Bretagne (Jersey) Order 2010. R&O.34/2010. Minister for Transport and Technical Services.

Immigration (Fees) (Jersey) Order 2010. R&O.35/2010. Minister for Home Affairs.

3. DOCUMENTS PRESENTED OR LAID

Review of Bicycle Laws (P.27/2010): comments. P.27/2010. Presented: 9th April 2010. Com. Minister for Transport and Technical Services.

Review of Bicycle Laws (P.27/2010): comments. P.27/2010. Presented: 15th April 2010. Com.(2) Comité des Connétable s.

Chief Officer of the States of Jersey Police Force: appointment (P.30/2010) – P.30/2010. comments. Com. Presented: 8th April 2010.

Education and Home Affairs Scrutiny Panel.

Land Transactions under Standing Order 168(3) – LC24 (Warehouse and R.35/2010. Storage), La  Collette, St.  Helier–  lease.

Presented: 29th March 2010.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – R.36/2010.

1. 1 Hampton Villas, Saville Street, The Parade; 23 KensingtonPlaceand 25

Parade Place (The Nordley 1-7), St. Helier – lease from the John Clive Le

Seelleur Trust;

2. Field 157(Part)LesMaltières Côtils, LeChemin des Maltières, Grouville

– proposed sale;

3. Fields 330 and331,LaRuedeCrabbé, St. Mary – proposed sale. Presented: 12th April 2010.

Minister for Treasury and Resources.

Tenants' Deposit Scheme: current status. R.37/2010. Presented: 13th April 2010.

Minister for Housing.

Land Transactions under Standing Order 168(3) – 97 Don Road, St.  Helier – R.38/2010. proposed sale.

Presented: 14th April 2010.

Minister for Treasury and Resources.

Review of the suspension process for the Chief Officer of the States of Jersey R.39/2010. Police: appointment of Commissioner.

Presented: 14th April 2010.

Chief Minister.

States of Jersey Law 2005: delegation of functions – Planning and R.40/2010. Environment – April 2010 revised delegations.

Presented: 15th April 2010.

Minister for Planning and Environment.

States of Jersey Complaints Board: findings – Complaint against a decision of R.41/2010. the States of Jersey Employment Board.

Presented: 15th April 2010.

Privileges and Procedures Committee.

Code of Practice on Public Access to Official Information: Annual Report for R.42/2010. 2009.

Presented: 15th April 2010.

Privileges and Procedures Committee.

Energy from Waste Plant and Ramsar: Review of Planning Process S.R.1/2010. (S.R.1/2010) – response of the Minister for Planning and Environment. Res.(2) Presented: 29th March 2010.

Minister for Planning and Environment.

Sea Fisheries Bag Limits. S.R.4/2010. Presented: 16th April 2010.

Economic Affairs Scrutiny Panel.

Forecasting of Expenditure. S.R.5/2010. Presented: 16th April 2010.

Corporate Services Scrutiny Panel.

4. NOTIFICATION OF LODGED PROPOSITIONS

Importation of Waste: approval by the States Assembly (P.17/2010) – P.17/2010. amendment. Amd. Lodged: 6th April 2010.

Minister for Transport and Technical Services.

Minimum Wage Level as a Percentage of Average Earnings (P.26/2010): P.26/2010. amendment. Amd. Lodged: 6th April 2010.

Minister for Economic Development.

Chief Officer of States of Jersey Police: appointment process (P.33/2010) – P.33/2010. amendment. Amd. Lodged: 13th April 2010.

Minister for Home Affairs.

Draft Gender Recognition (Jersey) Law 2010 (Appointed Day) Act 201-. P.37/2010. Lodged: 25th March 2010.

Chief Minister.

Terrorist Asset-Freezing (Temporary Provisions) Act 2010: extension of P.38/2010. Sections 1 and 3 to Jersey.

Lodged: 29th March 2010.

Chief Minister.

Reciprocal Health Agreement with the United Kingdom: negotiations. P.39/2010. Lodged: 31st March 2010.

Senator A. Breckon.

Draft Amendment (No.  13) of the Standing Orders of the States of Jersey. P.40/2010. Lodged: 1st April 2010.

Privileges and Procedures Committee.

Jersey Financial Services Commission: appointment of Commissioner. P.41/2010. Lodged: 6th April 2010.

Minister for Economic Development.

Millennium Town Park: commencement in 2010. P.42/2010. Lodged: 6th April 2010.

Connétable of St. Helier.

Jersey Competition Regulatory Authority: appointment of Chairman. P.43/2010. Lodged: 6th April 2010.

Minister for Economic Development.

Jersey Competition Regulatory Authority: proposal to grant a Postal P.44/2010 Operator's licence.

Lodged: 12th April 2010.

Deputy G.P. Southern of St. Helier.

Draft Incorporated Limited Partnerships (Jersey) Law 201-. P.45/2010. Lodged: 13th April 2010.

Minister for Economic Development.

Draft Separate Limited Partnerships (Jersey) Law 201-. P.46/2010. Lodged: 13th April 2010.

Minister for Economic Development.

Jersey Child Care Trust: appointment of Chairman. P.47/2010. Lodged: 16th April 2010.

Minister for Education, Sport and Culture.

5. WITHDRAWAL OF LODGED PROPOSITIONS

6. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

Resignation of Deputy Montfort Tadier of St. Brelade from the Privileges and Procedures Committee.

7. MATTERS OF PRIVILEGE
8. PETITIONS
9. QUESTIONS

1. – Written Questions (attached)

1. T he Minister for HealthandSocialServices will table an answer to a questionaskedby Deputy P.V.F.Le Claire ofSt.Helierregarding the staffing of her department.
2. T heMinisterfor Social Security will table an answer to a questionaskedby Deputy P.V.F.Le Claire of St. Helier regarding the staffing ofhisdepartment.
3. The Minister for Treasury and Resources will table ananswerto a questionaskedby Deputy P.V.F.Le Claire ofSt.Helierregarding the staffing of his department.
4. T he Chief Minister willtableananswer to a question askedby Deputy P.V.F.LeClaireof St. Helier regarding the staffing of his department.
5. T he Minister for Planning andEnvironment will tableananswer to a questionaskedby Deputy P.V.F.Le Claire ofSt.Helierregarding the staffing of his department.
6. T he Minister for PlanningandEnvironment will tableananswer to a question askedby the Deputy of St. John regarding a visit to StMalo/Dinard on 16th March2010.
7. T he Minister for PlanningandEnvironment will tableananswer to a question askedby the Deputy of St. John regarding planning charges.
8. T heMinisterforEconomicDevelopment will table an answer to a questionasked by Senator J.L. Perchard regarding the potential benefit of a shared financial regulatory authority with Guernsey.
9. T heMinisterforEconomicDevelopment will table an answer to a questionasked by Senator J.L. Perchardregardingthe potential benefit of a shared competition regulatory authority with Guernsey.
10. The Chairmanof the Privileges and ProceduresCommittee will table ananswerto a question asked by Senator B.E. Shenton regarding remuneration, expenses and support services for States Members.
11. The Minister for EconomicDevelopment will tableananswer to a question askedby the Deputy of St. John regardingtelephone roaming charges.
12. The Minister for TreasuryandResourceswill table ananswerto a questionaskedby the Deputy of St. John regarding the proposed increases in tariff chargesby the Jersey Electricity Company.

13. The Minister for PlanningandEnvironment will table ananswerto a questionaskedby Senator B.E.Shenton regarding the composition of the Planning ApplicationsPanel.
14. The Minister for Education, Sport andCulture will table ananswer to a question asked by Deputy G.P. Southern of St. Helier regarding the possibleimpactoftheCSR process onthe Youth Service.
15. The Minister for TreasuryandResources will table ananswerto a questionaskedby Deputy G.P. Southern ofSt.Helierregarding the detailed 2% savings targets for the Comprehensive Spending Review for 2011.
16. The Chief Minister will table ananswer to a questionaskedby Deputy G.P. Southern ofSt. Helier regarding the set-up costsand ongoing revenuecostsof the "Livelink" system.
17. The Minister for TreasuryandResources will table ananswerto a questionaskedby Deputy G.P. Southern of St. Helier regarding independentconsultantsappointedto review the 6 prime areas for in-depth review in the Comprehensive Spending Review.
18. The Minister for TreasuryandResources will table ananswerto a questionaskedby Deputy G.P. Southern of St. Helier regarding levels ofcorporate tax inthe Island.
19. The Chairmanof the Privileges and ProceduresCommittee will tableananswer to a question asked by Deputy T .M. Pitmanof St. Helier regarding postal voting.
20. The Minister for Home Affairs will table an answer to a questionaskedby Deputy T .M. Pitman ofSt. Helier regarding the suspensionoftwopolice officers.
21. H.M. Attorney General will table an answer to a question asked by Deputy T .M. Pitmanof St. Helier regarding the Maguire investigation.

22  The Minister for Economic Development will table an answer to a question asked by Deputy

T.M. Pitman of St. Helier regarding competition in the postal market.

23. The Minister for PlanningandEnvironment will tableananswer to a question askedby Deputy T .M.Pitmanof St. Helier regarding scaffoldinginLaMotte Street.
24. The Minister forSocial Security willtable an answerto a questionaskedby Deputy S.Pitman of St. Helier regarding the extent of the protection offered bytheIncomeSupport (Transitional Provisions) (Amendment)(Jersey)Order2008.
25. The Minister forSocial Security willtable an answerto a questionaskedby Deputy S.Pitman of St. Helierregardingthe loss ofimpairmentcomponentsofIncome Support.
26. The Minister forSocial Security willtable an answerto a questionaskedby Deputy S.Pitman of St. Helierregarding those onIncomeSupport wishing to undertake educational/training.
27. The Minister for Home Affairs will table ananswer to a questionaskedby the Deputy ofSt. Martin regarding the costs associated with the appointmentof a senior police officer.
28. The Minister for Home Affairs will table ananswer to a questionaskedby the Deputy ofSt. Martin regarding the cost of the historic abuse enquiry.
29. The Minister for Home Affairs will table ananswer to a questionaskedby the Deputy ofSt. Martin regarding the releaseof parts of the confidential Wiltshire Police Report.

30. The Minister for Home Affairs will table ananswer to a questionaskedby the Deputy ofSt. Martin regarding the IndependentCustody Visitor Scheme.
31. The Chief Minister willtableananswer to a question askedby the Deputy ofSt.Martin regarding the suspensionof a consultant gynaecologist.
32. The Chief Minister will table ananswer to a question asked by Deputy M. Tadier of St. Brelade regarding anindependent inquiry into issues surrounding Haut de la Garenneandthe historic child abuse inquiry.
33. The Minister for Home Affairs will table ananswer to a questionaskedby the Deputy ofSt. Mary regarding thesuspensionof the current Chief Officer of the States of Jersey Police.
34. The Minister for Home Affairs will table ananswer to a questionaskedby the Deputy ofSt. Mary regarding theappointmentof the new Chief Officer of the States of Jersey Police.
35. The Minister for Home Affairs will table ananswer to a questionaskedby the Deputy ofSt. Mary regardingtheauthorof a report advising the States of Jersey Police on media related matters.
36. The Minister for Health and SocialServices will tableananswer to a questionaskedbythe Deputy of St. Maryregardingcycle-related accidents.
37. The Minister forTreasury and Resources will table ananswer to a question asked by the Deputy of St. Maryregarding recent trendsin public expenditure.

URGENT ORAL QUESTION

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

" W ill the Minister inform Members whether he broke a confidentiality clause by claiming on the BBC Talkback programme that the Wiltshire Police had identified what the Minister claimed to be a scandal' involving a senior ACPO officer, and if so, why; would he further state what the conflict of interest was and with whom the person involved agreed to intentionally omit certain matters in ACPO reports? Has the Minister made an official complaint to ACPO?"

This was an urgent oral question tabled at the last meeting which was unable to be answered because of the absence of the Minister. It is tabled again as an additional question which will not form part of the 2 hour allocation for oral questions.

2. – Oral Questions (120 minutes)

1. D eputyM. Tadier ofSt.Brelade will ask the followingquestionofH.M. Attorney General –

"Given the renewed interest generated by Senator S. Syvret's web log surrounding the decision not to extradite Mr. and Mrs. Maguire, would the Attorney General undertake to reconsider the legal advice given not to prosecute and, failing that, take all measures possible to make the exact grounds known on which prosecution was advised against?"

2. D eputyR.G.Le Hérissier ofSt.Saviour will ask the following question of the Minister for Treasury andResources–

"Will the Minister advise the Assembly when the Office Strategy will be published and whether the development of the Strategy is proceeding according to schedule?"

3. D eputyJ.A.MartinofSt.Helier will ask the followingquestionof the Minister forEconomic Development –

"Would the Minister inform the Assembly who the Jersey Competition Regulatory Authority commissioned to carry out the 2010 efficiency report into Jersey Post and state whether the report will be available to States members and, if so, when?"

4. T he Deputy ofSt. Mary will ask the followingquestionofthe Minister for Planning and Environment –

"In his consideration of the Town Park and associated issues, has the Minister taken account of the uplift in land and property values in the surrounding areas which would result from the construction of the Town Park, and has he considered, and does he support, the findings of the PWC 1999 report in this regard, and if not why not?"

5. T he Deputy of St. John will ask the followingquestionofthe Minister for Treasury and Resources –

"Following the publication by the Statistics Unit of figures showing a significant increase in the public sector workforce can the Minister give details of which departments have seen an increase in manpower and whether the additional employees are in new or existing posts and, if new, would he explain why this has been permitted when the Council of Ministers is calling for restraint?"

6. D eputyT.M.Pitmanof St, Helier will ask the followingquestionof the Minister forHome Affairs –

"Following analysis of the sworn affidavit of the suspended Chief Officer of the States of Jersey Police will the Minister advise the Assembly whether he has fully investigated every possible allegation of a conspiracy existing to remove the Chief Officer from office, further still, is the Minister wholly satisfied that no such conspiracy to remove the Chief Officer or to try to discredit him to justify his removal existed?"

7. D eputyK.C. Lewis of St. Saviourwill ask the following question of the Minister for Social Security –

"Would the Minister confirm that some unemployed people currently receiving benefits would need as much as £8 per hour otherwise they would be working at a loss and, if so, how does the Minister propose to remedy this discrepancy and return local people to full employment?"

8. Deputy T.A. Vallois of St. Saviour will ask the followingquestionof the Minister forTreasury and Resources –

"Could the Minister explain how the recent results of the Business Tendency Survey reflect the work being done through the Economic/Fiscal Stimulus Package?"

9. D eputyG.P. Southern ofSt.Helier will ask the following questionofthe Minister for Treasury and Resources –

"Will the Minister inform members of his latest assessment of the strength and depth of the recession and the risks of double-dip' in particular?"

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

"At the police press conference on 12th November 2008 it was stated that under Haut de la Garenne there were no cellars but there were floor voids in which a grown up person could not stand up straight, will the Minister inform Members of the height of the deepest void/cellar investigated at the premises and state how many allegations were received of abuse in the areas under the floorboards?"

11. The Deputy of Grouville will ask the followingquestionofthe Minister for HomeAffairs-

"At the press conference on 12th November 2008 the Senior Investigating Officer stated he was not questioning that, historically, serious offences had been committed against children but that there will however not be the number of court cases or prosecutions which were originally reported'; will the Minister state whose comments the SIO was referring to, when they were made, what numbers were originally reported and the reasons for the shortfall?"

12. Deputy S.PitmanofSt.Helier will ask the following question of the Minister for Transport and Technical Services –

"Would the Minister inform Members whether he believes his justification for backing the importation of Guernsey's waste, namely that it will raise £4 million in revenue for the States, is congruent to any environmentally sound principles and the States strategic aim of improving and sustaining our own environment?"

13. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Health and Social Services -

"Further to the banning of mephedrone both within the Channel Islands and now in the United Kingdom will the Minister be seeking to reclassify the drug, as at present the drug is class B in Guernsey and C in Jersey?"

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

"In a written answer on 23rd March 2010 to a question on who was requested to provide the Metropolitan Police Interim Report, the Minister stated that it was a Detective Superintendent, "the name of whom has been supplied to the questioner"; as I have not been supplied with the name, will the Minister give the name and rank and state whether that person was the sole author of the Report?"

15. Deputy M. Tadier of St. Brelade will ask the following questionof the Minister forHome Affairs –

"Will the Minister inform members of the exact date the Metropolitan Police commenced work on their report into the historic abuse investigation; how many officers were assigned to it and the rank of the officers involved?"

16. The Deputy ofSt.John will ask the followingquestionofthe Minister for Home Affairs –

"Would the Minister inform the Assembly how many people who do not have British nationality are working within the States of Jersey Police force and, of these, how many have full residential qualifications and how many are working under j' category status?"

17. The Deputy ofSt.Mary will ask the followingquestionof the Chairman of Privileges and Procedures Committee –

"Would the Chairman state whether it is part of the rôle of PPC to protect members of the States as they carry out their duties and, if so, can she inform members what action, if any, PPC took to support and protect the Deputy of Grouville when her home was searched by the police with no warrant, and Senator Syvret in publishing information he believed was in the public interest?"

18. Deputy T.M. Pitmanof St. Helier will ask the following questionof the Minister for Economic Development –

"Having worked in support of residents at Albert Quay for over ten months, and residents having been promised that a solution was imminent before last Christmas, would the Minister advise the Assembly when he will finally be in a position to put an end to this anti-social behaviour by installing the agreed security barrier to control late night access to the areas directly under residents' apartment balconies and bedrooms?"

19. Deputy  G.P.  Southern  of St.  Helier will  ask the  following question of the Minister  for Economic Development –

"Will the Minister inform members of his assessment of the costs and benefits of the JCRA proposal to grant postal licences to 2 new postal operators?"

20   Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the Minister for

Transport and Technical Services –

"Is it intended to integrate school bus services with the scheduled services, given the intent of the Integrated Transport plan and, if so, when?"

21. Deputy S. Pitman of St. Helier will ask the following question of the Minister for Housing  –

"Would the Minister inform Members what plans, if any, his department has for refurbishing Hue Court?"

3. – Questions to Ministerswithout notice (30 minutes) – 1 s t q u e stion period – Minister for Home Affairs

2 n d q u estion period – Chief Minister

PERSONAL STATEMENTS

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY

PUBLIC BUSINESS

Importation of Waste: approval by the States Assembly. P.17/2010. Lodged: 17th February 2010.

Environment Scrutiny Panel.

Importation of Waste: approval by the States Assembly (P.17/2010) – P.17/2010. amendment. Amd. Lodged: 6th April 2010.

Minister for Transport and Technical Services.

Draft Sea Fisheries (Fisheries) (Jersey) Regulations 201-. P.20/2010.

Lodged: 25th February 2010. Minister for Economic Development.

Draft The Law Society of Jersey (Amendment No.  2) Law 201-. P.21/2010. Lodged: 25th February 2010.

Chief Minister.

Minimum Wage Level as a Percentage of Average Earnings. P.26/2010. Lodged: 8th March 2010.

Deputy G.P. Southern of St. Helier.

Minimum Wage Level as a Percentage of Average Earnings (P.26/2010): P.26/2010. amendment. Amd. Lodged: 6th April 2010.

Minister for Economic Development.

Review of Bicycle Laws. P.27/2010. Lodged: 9th March 2010.

Deputy of St.  John.

Review of Bicycle Laws (P.27/2010): comments. P.27/2010. Presented: 9th April 2010. Com. Minister for Transport and Technical Services.

Review of Bicycle Laws (P.27/2010): comments. P.27/2010. Presented: 15th April 2010. Com.(2) Comité des Connétable s.

Establishment of a regulatory and licensing regime for e-gaming for Jersey. P.28/2010. Lodged: 9th March 2010.

Minister for Economic Development.

NOTE:  The  Greffier  has  been  advised  by  the  proposers  of  the  following propositions that, in accordance with Standing Order 52, 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 –

Draft Gender Recognition (Jersey) Law 2010 (Appointed Day) Act 201-. P.37/2010. Lodged: 25th March 2010.

Chief Minister.

Jersey Financial Services Commission: appointment of Commissioner. P.41/2010. Lodged: 6th April 2010.

Minister for Economic Development.

Jersey Competition Regulatory Authority: appointment of Chairman. P.43/2010. Lodged: 6th April 2010.

Minister for Economic Development.

Deputy Geoffrey Peter Southern of St. Helier has given notice under Standing Order32, 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, that he will ask the States to agree to debate the following proposition (currently listed for debate on 11th May 2010) at this meeting,  and he has further given notice that, in order for this to be possible, he will ask the States, in accordance with Standing Order 26(7), to agree to reduce the minimum lodging period in respect of this proposition as he considers, in accordance with that Standing Order, that "the proposition relates to a matter of such urgency and importance that it would be prejudicial to Jersey to delay its debate".

Jersey Competition Regulatory Authority: proposal to grant a Postal Operator's P.44/2010 licence.

Lodged: 12th April 2010.

Deputy G.P. Southern of St. Helier.

ARRANGEMENT OF PUBLIC BUSINESS

11th May 2010

Committee of Inquiry: confidential files held by States of Jersey Police on P.197/2009. States Members and others.

Lodged: 17th November 2009.

Deputy M.R. Higgins of St.  Helier.

Committee of Inquiry: confidential files held by States of Jersey Police on P.197/2009. States Members and others (P.197/2009) – comments. Com. Presented: 20th November 2009.

Minister for Treasury and Resources.

Committee of Inquiry: confidential files held by States of Jersey Police on P.197/2009. States Members and others (P.197/2009) – amendment. Amd. Lodged: 20th November 2009.

Deputy J.B. Fox of St. Helier.

Island Plan 2002: H3 Site No.  8, Field  1248 and Channel Television Site. P.10/2010. Lodged: 2nd February 2010.

Deputy J.A. Hilton of St.  Helier.

Draft Employment of States of Jersey Employees (Amendment No.  5) (Jersey) P.22/2010. Regulations 201-.

Lodged: 1st March 2010.

Chief Minister.

Draft Employment of States of Jersey Employees (Amendment No.  5) (Jersey) P.22/2010. Regulations 201- (P.22/2010): amendment. Amd. Lodged: 9th March 2010.

Deputy of St.  Martin.

User Pays' Charges: issuing of animal health export and associated certificates. P.25/2010. Lodged: 5th March 2010.

Minister for Planning and Environment.

States net revenue expenditure 2011 and 2012: reduction. P.29/2010. Lodged: 15th March 2010.

Public Accounts Committee.

Health and Social Services Department: Management Improvement Plan. P.31/2010. Lodged: 17th March 2010.

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

Draft Judgments (Reciprocal Enforcement) (Amendment No.  3) (Jersey) P.32/2010. Act  201-.

Lodged: 18th March 2010.

Chief Minister.

Draft Advocates and Solicitors (Amendment No.  5) (Jersey) Law  201-. P.34/2010. Lodged: 23rd March 2010.

Chief Minister.

Draft Public Finances (Transitional Provisions) (No.  2) (Amendment) (Jersey) P.35/2010. Regulations 201-.

Lodged: 23rd March 2010.

Minister for Treasury and Resources.

Draft Health Insurance (Medical Benefit) (Amendment No.  3) (Jersey) P.36/2010. Regulations 201-.

Lodged: 23rd March 2010.

Minister for Social Security.

Terrorist Asset-Freezing (Temporary Provisions) Act 2010: extension of P.38/2010. Sections 1 and 3 to Jersey.

Lodged: 29th March 2010.

Chief Minister.

Reciprocal Health Agreement with the United Kingdom: negotiations. P.39/2010. Lodged: 31st March 2010.

Senator A. Breckon.

Millennium Town Park: commencement in 2010. P.42/2010. Lodged: 6th April 2010.

Connétable of St. Helier.

Jersey Child Care Trust: appointment of Chairman. P.47/2010. Lodged: 16th April 2010.

Minister for Education, Sport and Culture.

25th May 2010

Property and Infrastructure Regeneration: the States of Jersey Development P.79/2009. Company Limited (as amended). (re-issue) Lodged: 2nd June 2009.

Council of Ministers.

Property and Infrastructure Regeneration: the States of Jersey Development P.79/2009. Company Limited (P.79/2009) – fourth amendment. Amd.(4) Lodged: 14th January 2010.

Senator J.L. Perchard.

Strategy for dealing with young offenders: establishment of Working Group. P.201/2009. Lodged: 27th November 2009.

Deputy T.M. Pitman of St.  Helier.

Strategy for dealing with young offenders: establishment of Working Group P.201/2009. (P.201/2009) – comments. Com. Presented: 24th December 2009.

Education and Home Affairs Scrutiny Panel.

Strategy for dealing with young offenders: establishment of Working Group P.201/2009. (P.201/2009) – comments. Com.(2) Presented: 18th January 2010.

Council of Ministers.

Strategy for dealing with young offenders: establishment of Working Group P.201/2009. (P.201/2009) – comments. Com.(3) Presented: 19th January 2010.

Minister for Home Affairs.

Chief Officer of the States of Jersey Police Force: appointment. P.30/2010. Lodged: 16th March 2010.

Minister for Home Affairs.

Chief Officer of the States of Jersey Police Force: appointment (P.30/2010) – P.30/2010. comments. Com. Presented: 8th April 2010.

Education and Home Affairs Scrutiny Panel.

Chief Officer of States of Jersey Police: appointment process. P.33/2010. Lodged: 23rd March 2010.

Deputy of St.  Martin.

Chief Officer of States of Jersey Police: appointment process (P.33/2010) – P.33/2010. amendment. Amd. Lodged: 13th April 2010.

Minister for Home Affairs.

Draft Amendment (No.  13) of the Standing Orders of the States of Jersey. P.40/2010. Lodged: 1st April 2010.

Privileges and Procedures Committee.

Draft Incorporated Limited Partnerships (Jersey) Law 201-. P.45/2010. Lodged: 13th April 2010.

Minister for Economic Development.

Draft Separate Limited Partnerships (Jersey) Law 201-. P.46/2010. Lodged: 13th April 2010.

Minister for Economic Development.

M.N. DE LA HAYE Greffier of the States

15th April 2010 Note –

In accordance with the meeting dates fixed for 2010 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 21st April and Thursday 22nd April 2010.

Explanatory Note regarding subordinate legislation tabled at this meeting.

(See Item B)

R&O.30/2010.

This Order is made under the revised Part 16 (Accounts and Audit) of the Companies (Jersey) Law 1991. PART 1 – Interpretation

Article 1 sets out two definitions.

PART 2 – Register of Recognized Auditors

Article  2 requires the Jersey Financial Services Commission to maintain a Register of Recognized Auditors. Article  3 makes requirements as to the content of each entry in the Register relating to a recognized auditor. Article  4 requires auditors to confirm each year the contents of Register entries relating to them.

Article  5 allows the Register to be kept in any form, including an electronic form.

Article  6 requires the Register to be available to the public for inspection.

Article  7 requires the Commission to provide certified copies of Register entries.

Article  8 enables the Commission to charge a person a fee to inspect the Register or to obtain a copy of a Register entry.

Article  9 allows the Commission to exclude certain information from public inspection or from certified copies so as to protect an individual from harassment.

Article  10 enables the Commission to require applicants for registration to provide certain information to the Commission.

PART 3 – Rules binding Recognized Auditors Article 11 describes how the Part applies.

Article  12 prescribes minimum requirements for the rules (approved or published by the Commission) regulating auditors who audit market-traded companies.

Article 13 provides for the withdrawal of Commission approval of those rules in certain circumstances. PART 4 – Independence Requirements as to Auditors

This Part specifies certain circumstances in which an auditor is regarded as not sufficiently independent to audit a company –

1. i n Article 15wherecertainemploymentorother relationships exist;
2. i n Article 16wherecertain partnership relationships exist; and
3. i n Article 17wherethecertain body corporate relationships exist.

PART 5 – Final Provisions

Article  18 sets out the name of the Order.

Article  19 provides for the Order to come into force on the same day as the revised Part  16 of the Law. The Order was made on 24th March 2010 and came into force on 5th April 2010.

R&O.31/2010.

This Order prescribes that the generally accepted accounting principles that a market-traded company must use when preparing its financial statements are any of the Generally Accepted Accounting Principles, or International Financial Reporting Standards, specified in Article  2 to this Order.

The Order was made on 24th March 2010 and came into force on 5th April 2010. R&O.32/2010.

This Order, made under Article 113N of the Companies (Jersey) Law 1991, allows the powers and duties of the Jersey Financial Services Commission under Articles 113K, 113L and 113M of the Companies (Jersey) Law 1991 to be performed by the Professional Oversight Board ("POB") established under the articles of association of the Financial Reporting Council Limited.

Articles 113K, 113L and 113M relate to the supervision of auditors, and of audits, of the accounts of market- traded companies. In the case of the powers and duties under Article 113L, the transfer to the POB is only partial, leaving the Commission a residual power to require information under that Article for the purposes of maintaining the Register of Recognized Auditors.

The Order requires the POB to provide reports and information to the Minister while the POB is performing those powers and duties.

Under Article  112 of the Companies (Jersey) Law 1991, the Jersey Financial Services Commission needs to approve the rules of a recognized professional body of auditors, and an auditor needs to be bound by those rules, before the auditor is qualified for the purposes of auditing the accounts of market-traded companies.

This Order requires the POB to inform the Jersey Financial Services Commission if at any time the POB is not satisfied that certain basic requirements (under Article  112(4) of the Companies (Jersey) Law 1991) are being met by a recognized professional body of which the rules have been approved by the Commission.

The rules that may be approved by the Commission are those of one or more of the following –

1. t he Institute ofCharteredAccountants in England andWales;
2. t he Institute ofCharteredAccountants of Scotland;
3. t heAssociationofChartered Certified Accountants;
4. t he Institute ofCharteredAccountants in Ireland.

The Order was made on 24th March 2010 and came into force on 5th April 2010.

R&O.33/2010.

This Order revokes –

1. t heFoot-and-Mouth Disease (SeraandGlandularProducts)(Jersey)Order 1958;and
2. t heDiseasesofAnimals(Therapeutic Substances) (Jersey)Order 1958.

The provisions of the Orders have been overridden by the provisions of the Medicines (Jersey) Law 1995. The Order was made on 6th April 2010 and comes into force 13th April 2010.

R&O.34/2010.

This Order specifies dates and times when roads around Gorey village, Grouville and St. Martin, as well as around St. Ouen's Bay, may be closed for the Tour de Bretagne bicycle event in April 2010.

Article 1 sets out definitions.

Article 2 allows certain roads to be used at certain times for the road race and time trial in the 2010 Tour de Bretagne.

Article 3 allows those roads to be closed for those events.

Article 4 allows material used for the events to be put on those roads.

Article 5 makes special arrangements for two-way traffic flows in Gorey village and restricts parking in two car parks and on the roads closed for the events in Grouville and St Martin.

Article 6 restricts parking in one car park and on the roads closed for the events in St. Brelade , St. Ouen and St. Peter.

Article 7 requires liability insurance to be taken out.

Article 8 requires public notice of the closures and restrictions to be given.

Article 9 allows police and event marshals to allow access to the roads closed for the events, but also to restrict

access to ensure safety. It also allows access for emergency services.

Article 10 names the Order.

Schedules 1 and 2 specify the roads and times referred to in Article 2.

The Order was made on 8th April 2010 and comes into force on being made.

R&O.35/2010.

This Order prescribes the fees that must accompany an application –

1. f orleave to remainin Jersey; or
2. f oran indefinite leavestamp to befixed in a applicant'spassportor travel documentwhen it is replaced orrenewed.

The Order was made on 8th April 2010 and comes into force 1st May 2010.

WRITTEN QUESTIONS (See Item I(a))

1. T heMinister for Health and SocialServices will table ananswerto the followingquestionasked by Deputy P.V.F.Le Claire ofSt.Helier –

"To help and assist the Comprehensive Spending Review, would the Minister provide an organisation chart of her department identifying every post, the post holder's duties and responsibilities, the salary grade and whether the post is currently filled or vacant and, if possible, if any of these post holders are suspended?"

2. The Minister forSocial Security will tableananswer to the following questionaskedby Deputy P.V.F.Le Claire of St. Helier –

"To help and assist the Comprehensive Spending Review, would the Minister provide an organisation chart of his department identifying every post, the post holder's duties and responsibilities, the salary grade and whether the post is currently filled or vacant and, if possible, if any of these post holders are suspended?"

3. The Minister for TreasuryandResources will table ananswer to the followingquestionaskedby Deputy P.V.F.Le Claire ofSt.Helier –

" T o help and assist the Comprehensive Spending Review, would the Minister provide an organisation chart of his department identifying every post, the post holder's duties and responsibilities, the salary grade and whether the post is currently filled or vacant and, if possible, if any of these post holders are suspended?"

4. The Chief Minister will table ananswer to the following questionaskedby Deputy P.V.F.LeClaireofSt. Helier –

" T o help and assist the Comprehensive Spending Review, would the Chief Minister provide an organisation chart of his department identifying every post, the post holder's duties and responsibilities, the salary grade and whether the post is currently filled or vacant and, if possible, if any of these post holders are suspended?"

5. The Minister for Planning and Environment will table an answer to the followingquestionaskedby Deputy P.V.F.Le Claire ofSt.Helier –

" T o help and assist the Comprehensive Spending Review, would the Minister provide an organisation chart of his department identifying every post, the post holder's duties and responsibilities, the salary grade and whether the post is currently filled or vacant and, if possible, if any of these post holders are suspended?"

6. The Minister for Planning and Environment will tableananswertothe following questionaskedby the Deputy of St. John -

" Will the Minister confirm whether the Fisheries Department/Planning and Environment chartered an

Aviation Beauport aircraft to take officers to St Malo/Dinard on 16th March 2010 and, if so will he -

1. advise why the Fisheries vessel wasnot used and outline theweather/sea state for 15th and 16th March 2010;
2. advise whythevisit did not take placeon a date whenCondor were sailing;
3. give details of the reasons for themeeting and who attended?

Would the Minister give a detailed breakdown of the total cost of the trip including meals, transport and all other costs and does the Minister consider that value for money was achieved?"

7. The Minister for Planning and Environment will tableananswertothe following questionaskedby the Deputy of St. John -

"Does the Minister maintain a comparison of planning charges in Jersey against those charged in Guernsey, the Isle of Man, local authorities in England and Scotland and also Rennes, France, in view of the recent visit to that city and, if so, would he provide details for Members?

Can the Minister advise members when charges first came into being and the purpose of raising the charges?"

8. The Minister for EconomicDevelopment will tableananswerto the following questionaskedby Senator J.L. Perchard -

"What savings, if any, could be made if Jersey and Guernsey shared a financial regulatory authority and will the Minister undertake to hold talks to this effect as early as conveniently possible with the Guernsey authorities?"

9. The Minister for EconomicDevelopment will tableananswerto the following questionaskedby Senator J.L. Perchard -

"What savings, if any, could be made if Jersey and Guernsey shared a competition regulatory authority and will the Minister undertake to hold talks to this effect as early as conveniently possible with the Guernsey authorities?"

10. The Chairman of the Privileges andProceduresCommittee will table ananswer to the following question asked by Senator B.E. Shenton -

W  ould the Chairman advise the Assembly the total remuneration and expenses paid to States Members (including Employer Social Security) and the total value of parking, laptops and other support services in 2009?"

11. The Minister forEconomicDevelopment will tableananswer to the followingquestionaskedby the Deputy of St. John -

"What action, if any, is the Minister taking to ensure that all licensed telephone operators are taking steps to  prevent the travelling public from falling foul of incurring large roaming charges?

Does the Economic Development Department maintain any statistical records relating to such charges, and if so, how many local residents have been faced with large roaming charges over the last 12 months giving details broken down by each licensed operator"?

12. The Minister for TreasuryandResources will tableananswer to the following question askedby the Deputy of St. John –

"What action, if any, will the Minister be taking to investigate the proposed increases in tariff charges by the Jersey Electricity Company from 1st October 2010, particularly in relation to 3 phase private house holders, general domestic tariffs and Economy 7 and ensure that the said increases are justified?"

13. The Minister for Planning andEnvironment will table an answer to the followingquestion as k ed SenatorB.E.Shenton –

" C an the Minister advise whether he will consider changing the composition of the Planning

Applications Panel in order that it just contains independent members of the public, some of whom may have relevant planning experience, rather than States members with political mandates and potential political conflicts?"

14. The Minister forEducation, Sport and Culture will table ananswer to the followingquestionaskedby Deputy G.P. Southern of St. Helier –

"Can the Minister confirm that the targets set for his department in the CSR process are based on gross and not net revenue expenditure and state whether, in order to meet the 10% reduction target, this will result in a 12.7% cut in net revenue spend for the Youth Service and a 22.5% reduction in net revenue terms on sports centres, for example because of the impact of income in these areas.

Does the Minister not consider that such measures applied to the provision of the Youth Service place undue strain on partnership agreements with the parishes and other charitable/third sector providers at a time when their funding is also vulnerable?

Will the Minister confirm that this level of reduction in net revenue spend will inevitably result in reductions in the provision of services to young people and ultimately in redundancies amongst Youth workers and would he state the number of F.T.E. job losses that would arise from a 12.7% cut applied pro rata to the Youth Service?"

15. The Minister for TreasuryandResources will table ananswer to the followingquestionaskedby Deputy G.P. Southern of St. Helier -

"Can the Minister confirm that he has received detailed 2% savings targets from Ministers for the Comprehensive Spending Review for the year 2011 and will he inform members what these targets are, and if not when will he do so? Will he also agree to set these targets in the context of the overall 5% and 10% targets projected for 2012 and 2013 before lodging Part 1 of the Annual Business Plan in July?"

16. The Chief Minister will table an answerto the following questionaskedby Deputy G.P. Southern ofSt. Helier -

"Will the Chief Minister inform members of the set-up costs and ongoing revenue costs of the "Livelink" system along with an assessment of how well the system has met the targets set out for it and whether it represents good value for money?"

17. The Minister forTreasuryandResources will table ananswer to the following questionasked Deputy G.P. Southern of St. Helier -

"Will the Minister inform members who he has appointed to the positions of independent consultants or specialist reviewers, whether local or UK, of the 6 prime areas for in-depth review in the Comprehensive Spending Review?"

18. The Minister for TreasuryandResources will table ananswer to the followingquestionaskedby Deputy G.P. Southern -

"In a speech on 17th March to the Chamber of Commerce, the Minister said -

Even after 0/10, much higher levels of corporate tax are paid per capita here than in virtually any place in the world – including other Crown Dependencies.'

1. Can the Minister explain what "corporate tax per capita" means in economics and inwhat way isit relevant criterion for comparison with othereconomies?
2. Whatevidencedoeshehavetosupporthisstatement that "corporate tax percapita" is higher here than elsewhere?
3. Does the Minister accept that a more valid comparisonofcorporatetaxbetween jurisdictions isthe percentage of profits paid as tax?
4. Could the Minister confirm that, on2007 figures, corporate income tax stoodat£196m and net profit in the Finance Sector was£1,460m, giving a maximumtaxrate for businessof13.4%?
5. Given that these figures relate to a tax rateof20%, will the Minister give estimates of tax revenue in real and percentage terms from the finance andnon-finance sectors under0/10for2010?
6. Will the Minister publish a comparison of corporate tax take as a percentageof profit withappropriate jurisdictions including otheroffshorecentres?"

19. The Chairmanof the Privileges and ProceduresCommittee will tableananswer to the followingquestion asked by Deputy T.M. Pitman of St. Helier -

"As access to a postal voting mechanism is a fundamental part of all modern, fully functioning, inclusive democracies, will the Chairman inform members what consideration, if any, her Committee has given to ensuring that those who wish to do so, especially the elderly and those with mobility problems or other disabilities, can easily vote by post in the coming elections in line with priorities 6, 8 and 15 of the Strategic Plan 2009 – 14?"

20. The Minister for Home Affairs will table an answertothefollowingquestionaskedby Deputy T.M. Pitman of St. Helier -

"Further to the written and oral answer given on 9th March 2010 relating to the suspension of 2 officers from the States of Jersey Police for just less than 18 months would the Minister advise -

1. which person within the States ofJerseyPolice was responsible for taking the decision that resultedin the suspensionof two police officers and whether the individualresponsiblefor the original decision to suspend them was the same person whomade the decision tore-instate them withoutcharge?If so, does the Minister believe that this showssoundjudgement?
2. that the costs listed in the answersof 23rd March2010showedthe total cost to the States of Jersey Police ofthesesuspensions and included all ancillary matters such as staff costsand overtime to cover the suspended officers?"

21. H.M. Attorney General will table an answer to the followingquestion asked by Deputy T .M. PitmanofSt. Helier -

"In view of the detailed States of Jersey Police Sequence of Events: Maguire investigation' timeline published on the internet recently together with the content of the Report by the Manager, Mental Health Services dated 23rd February 1999 and other material including the 26th July 1990 letter from the then Education Committee President, is the Attorney General satisfied that the decision of his predecessor (as summarised in e-mail correspondence from the now Deputy Bailiff copied to all States Members on 8th April 2010) not to pursue the case against Mr. and Mrs. Maguire was both wholly justifiable and correct and, if so, will he state why? Will the Attorney General also clarify whether the issue of Mr. Maguire's stated terminal illness at the time was ever discussed in any shape or form as a potential justification/reason for not pursuing the case in the 1990's?"