Order Paper 30th November 2010

STATES OF JERSEY ORDER PAPER

Tuesday 30th November 2010

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

(Explanatory note attached)

Sea Fisheries (General Fees) (Jersey) Order 2010. R&O.111/2010. Minister for Economic Development.

Financial Services (Trust Company Business) (Exemptions Amendment No. 2) R&O.113/2010. (Jersey) Order 2010.

Minister for Economic Development.

Road Traffic (Public Parking Places) (Amendment No.  5) (Jersey) Order 2010. R&O.114/2010. Minister for Transport and Technical Services.

Court of Appeal (Sex Offenders Law) Rules 2010. R&O.115/2010. Court of Appeal.

3. DOCUMENTS PRESENTED OR LAID

Sustainable Transport Policy (P.104/2010): third amendment P.104/2010. (P.104/2010  Amd.(3)) – comments. Amd.(3). Presented: 25th November 2010. Com. Minister for Transport and Technical Services.

Draft Intellectual Property (Unregistered Rights) (Jersey) Law  201- P.141/2010. (P.141/2010): comments. Com. Presented: 24th November 2010.

Economic Affairs Scrutiny Panel.

Ministerial offices: reduction (P.171/2010) – comments. P.171/2010. Presented: 25th November 2010. Com. Council of Ministers.

Land Transactions under Standing Order 168(3) – R.134/2010.

1. La Frégate, West Park, Waterfront, St.  Helier – lease;
2. St. Catherine (Old Lifeboat Building), St. Martin – lease;
3. Fields 445, 447and 448, St.  Martin – lease.

Presented: 22nd November 2010.

Minister for Treasury and Resources.

Public Library Service: Report of the Comptroller and Auditor General – R.135/2010. November 2010.

Presented: 22nd November 2010.

Comptroller and Auditor General.

Postal Services in Jersey: Consultation on the Universal Service Obligation. R.136/2010. Presented: 23rd November 2010.

Minister for Economic Development.

States of Jersey Law 2005: delegation of functions – Planning and R.137/2010. Environment Department – November 2010.

Presented: 26th November 2010.

Minister for Planning and Environment.

Land Transactions under Standing Order 168(3) – Beachside, La  Rue du Pont, R.138/2010. La Rocque, Grouville – lease.

Presented: 26th November 2010.

Minister for Treasury and Resources.

Political Education. S.R.14/2010. Presented: 26th November 2010.

Education and Home Affairs Scrutiny Panel.

Rural Economy Strategy 2011 – 2015 (S.R.11/2010): response of the Minister S.R.11/2010. for Economic Development. Res. Presented: 25th November 2010.

Minister for Economic Development.

4. NOTIFICATION OF LODGED PROPOSITIONS

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): amendment (P.157/2010  Amd.) – amendment. Amd.Amd. Lodged: 23rd November 2010.

Connétable of St.  Helier.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): amendment (P.157/2010  Amd.) – second amendment. Amd. Lodged: 23rd November 2010. Amd.(2) Senator S.C. Ferguson.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): third amendment (P.157/2010  Amd.(3)) – amendment. Amd.(3). Lodged: 23rd November 2010. Amd. Senator S.C. Ferguson.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): fourth amendment. Amd.(4) Lodged: 22nd November 2010.

Senator F. du H. Le Gresley.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): fifth amendment. Amd.(5) Lodged: 22nd November 2010.

Senator A. Breckon.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): sixth amendment. Amd.(6) Lodged: 22nd November 2010.

Senator F. du H. Le Gresley.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): seventh amendment. Amd.(7) Lodged: 23rd November 2010.

Deputy of Grouville .

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): eighth amendment. Amd.(8) Lodged: 23rd November 2010.

Deputy T.A. Vallois of St.  Saviour.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): ninth amendment. Amd.(9) Lodged: 23rd November 2010.

Deputy of St.  Mary.

Draft Income Tax (Amendment No.  37) (Jersey) Law 201- (P.159/2010): P.159/2010. amendment. Amd. Lodged: 23rd November 2010.

Minister for Treasury and Resources.

Standing Orders: additional signatories on propositions. P.174/2010. Lodged: 19th November 2010.

Senator P.F. Routier.

Standing Orders: additional signatories on propositions (P.174/2010) – P.174/2010. amendment. Amd. Lodged: 26th November 2010.

Deputy of St.  John.

Draft Sex Offenders (Jersey) Law 2010 (Appointed Day) Act  201-. P.175/2010. Lodged: 23rd November 2010.

Minister for Home Affairs.

Draft States of Jersey (Miscellaneous Provisions) Law  201-. P.176/2010. Lodged: 24th November 2010.

Privileges and Procedures Committee.

5. WITHDRAWAL OF LODGED PROPOSITIONS

In accordance with Standing Order 34(1), the proposer of the following proposition lodged au Greffe' has informed the Greffier of the States that it is to be withdrawn –

User Pays charges: use of the trade marks "Jersey Royal" or "Jersey P.119/2010. Royals" (words) and the Jersey Royal Logo.

Lodged: 20th August 2010.

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 Planning andEnvironment will table an answerto a question asked by

Senator J.L. Perchard regarding planning procedures.

2. The Minister for Economic Development will table ananswerto a questionaskedby the Deputy of St. John regardingtheAirport Director.
3. The Minister for Education, Sport and Culture will table ananswer to a question asked by Deputy J.M.MaçonofSt.Saviour regarding literacy levels.
4. The Minister for Home Affairs will table ananswerto a question askedbythe Deputy of St. John regarding cellphones at HMPLaMoye.
5. The Minister for Education, Sport and Culture will table ananswer to a question asked by Senator J.L.Perchard regarding CSRsavings.
6. The Minister for Education, Sport and Culture will table ananswer to a question asked by Senator J.L.Perchard regarding the GreenPaperon the future of education.
7. The Minister for Housing will table ananswer to a question askedby Deputy P.V.F.Le Claire of St. Helier regarding the publication of States rental waiting lists.
8. The Chief Minister will table an answer to a questionaskedby Deputy P.V.F.LeClaire of St. Helier regardingprogressmade in line with Strategic Plan aims.
9. The Minister forHome Affairs will table an answerto a questionaskedby Deputy R.G.Le Hérissier of St. Saviourregardingproposals relating to the role ofthePrison Board of Visitors.
10. The Minister for TransportandTechnicalServices will table ananswerto a question asked by Deputy R.G.Le Hérissier ofSt.Saviour regarding the schoolbusservice.
11. The Minister for Home Affairs will tableananswer to a questionaskedbythe Deputy of St. John regarding the cloning of vehicle number plates.
12. The Chief Minister will tableananswer to a questionaskedby Deputy G.P. Southern of St. Helier regarding the EUCodeofConductgroup.
13. The Minister for Housing will table an answer to a questionaskedby Deputy G.P. Southern of St. Helier regarding heating systems recently installed in housing estates.
14. The Minister for Housing will table an answer to a questionaskedby Deputy G.P. Southern of St. Helier regarding the refurbishmentandmaintenanceof States rental housing.
15. The Minister for Health and Social Services will table an answerto a questionaskedby Deputy G.P. Southern of St. Helier regardinggrowth in non urgent attendancesat the Accident and EmergencyDepartment.
16. The Minister for Treasury andResources will tableananswerto a questionaskedby Deputy G.P. Southern of St. Helier regarding theimpactof a 2 per cent increase in GST.
17. The Minister for Treasury andResources will table ananswer to a question askedbythe Deputy ofSt. Peter regardingthecashbalancesofthe Strategic Reserve, Stabilisation and Consolidation Funds.
18. The Minister for Treasury andResources will tableananswerto a questionaskedby Deputy M.R. Higginsof St. Helier regarding the trend ratefor the Jersey economy.
19. The Minister for Economic Development will table ananswer to a question asked by Deputy

M.R. Higgins of St. Helier regarding loan guarantees.

20. The Minister for Economic Development will table ananswer to a questionaskedby Deputy M.R. Higginsof St. Helier regarding the movementofdepositsin Jersey toLondon.
21. The Minister for Treasury andResources will tableananswerto a questionaskedby Deputy M.R. Higginsof St. Helier regarding economic data.
22. The Minister for Treasury andResources will table ananswer to a question askedbythe Deputy ofSt.Mary regarding the status ofthe properties bequeathed to the Island byMr.H.E. Le Seelleur.
23. The Chief Minister will table an answerto a questionaskedby the Deputy of St. Mary regarding voluntary redundancies.
24. The Chief Minister will table an answerto a questionaskedby the Deputy of St. Mary regarding the replacementofWindowsbased systems.
25. The Minister for Treasury andResources will table ananswer to a question askedbythe Deputy of St. Mary regarding non-resident landlords.
26. The Minister for Treasury andResources will table ananswer to a question askedbythe Deputy of St. Maryregarding the EU savings directive.

2. – Oral Questions (120 minutes)

1. D eputyK.C. Lewis of St. Saviour will ask thefollowingquestionof the Minister for Home Affairs –

" H ow does the Minister propose to make up the shortfall of £185,000 in implementing the sex offenders register?"

2. D eputyT.M. Pitman of St. Helier will ask the followingquestionofthe Minister for Housing –

" G iven that a justification for allowing those granted 1(1)(k) status to circumvent the housing qualification period which applies to others is their 'high value' to the community, will the Minister clarify whether the wealth accumulated by any current 1(1)(k) resident has been linked to previous mercenary activity or the supply of arms and whether background checks are carried out to ensure that such residents are not welcomed?"

3. S enatorS.C.Ferguson will ask the followingquestionofthe Chief Minister –

" How long will it be before Jersey follows the UK's commitment to transparency and

organisation charts by showing the names, job title and salary for all senior civil servants at director level and above, as well as the job title of all senior civil servants at deputy director level, along with the number of staff in their team and their grades?"

4. D eputyM.R. Higgins of St. Helier will ask the followingquestionofthe Chief Minister –

" W hat lessons, if any, does the Chief Minister think can be learnt from the current Irish crisis and what impact or implications does he see this crisis having on Jersey?"

5. D eputyR.G.Le Hérissier ofStSaviour will ask thefollowingquestionofthe Minister for Health and SocialServices –

" W hy was the expertise not available internally to conduct the study into Jersey's Health and Social Services?"

6. D eputyJ.M.Maçon of St. Saviour will ask the followingquestionoftheChairman of the Privileges andProcedures Committee –

" W ith the move to a single day election, what preparations, if any, has the Committee decided to make in order to promote and educate the electorate on the new system when voting?"

7. D eputyA.E. Jeune ofSt.Brelade will ask the following questionof the Minister for Health and Social Services –

"W ould the Minister advise Members which budget has funded the approximate sum of

£800,000 for a review of services, and when this sum was allocated and provide members at today's sitting with a copy of the terms of reference for the project, with the agreed timescale for completion?"

8. D eputyG.P. Southern of St. Helier will ask the followingquestionofthe Minister for Treasury and Resources –

" F ollowing the EU Code group's decision that Jersey's deemed distribution system for zero/ten is in conflict with the EU Code on Business Taxation, what consideration, if any, has the Minister given to the removal of deemed distribution for locally owned companies, what is the estimated tax loss each year, how is business tax avoidance to be stopped and how will any loss of revenue resulting from this change be  made  good"?

9. T he Deputy of St. Martin will ask the followingquestionofthe Chief Minister –

" G iven that the explanations given as to why and when the Napier Terms of Reference were altered refer to decisions taken after R.39/2010 was presented to the States, will the Chief Minister inform Members when this was done and who was party to the decision and explain why he and the Deputy of St. Martin were not party to the discussions?"

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

" C an the Minister explain how, with payments of £650 for the Chair and £450 per day per member for up to 40 days per annum (equating to a minimum of £26,000 per year) these sums for membership of the Harbours and Airport Shadow Board can be considered to be an Honorarium' as stated in the advertisement for the positions?"

11. Deputy P.V.F.Le Claire of St. Helier will ask the following question of the Minister for Planning andEnvironment –

" Further to the response given on 16th November 2010 regarding the treatment and

management of ash water, is the Minister now able to furnish members with a full management report  and  is  he  also able  to  provide members  with  copies of the  discharge  permits  and certificates relating to the treatment and subsequent release of treated waters into the marine environment in St Aubin's Bay?"

12. The Deputy of St. Mary will ask thefollowingquestionofthe Minister for Treasuryand Resources –

" W ith reference to page 60 of the budget report, can the Minister tell members the total tax yield from non-resident landlords with rental income arising in Jersey, the number of landlords to whom this applies and the estimated yield from the proposal to ensure that this tax is paid by

those non-resident landlords who do not pay at present?"

13. Deputy S.Pitmanof St. Helier will ask the followingquestionoftheMinisterforEducation, Sport andCulture –

"F ollowing the naming of a senior Civil Servant from the Education, Sport and Culture

Department in court by alleged victims within the current historic abuse proceedings, will the Minister give members and parents assurances that the matter has been fully investigated by his department?"

14. Deputy G.P. Southern of St. Helier will ask the following questionof the Minister for Health and Social Services –

" W hat consideration, if any, has the Minister given to either the introduction of user-pays' charges or to outsourcing patient transport activities as part of the drive to eliminate non-core services in line with the CSR stage 2 measures?"

15. Deputy M.R. Higgins of St. Helier will ask the followingquestionof the Minister forTreasury and Resources –

" F ollowing the Minister's Press Statement on 23rd November 2010, will he now publish to members all papers and correspondence between ECOFIN (and those acting on its behalf) and the authorities in Jersey in the interests of openness and transparency, and to enable members to determine for themselves on the basis of the evidence whether Jersey is compliant with the EU Code or not?"

16. Deputy R.G.Le Hérissier of St Saviour will ask the following question of the Minister for Economic Development –

" W hat action, if any, is the Minister able to take to stop telephone scams'?"

17. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Economic Development –

" W ith 1290 people in Jersey registered as unemployed, will the Minister be reducing the number of licences issued to companies to employ non locals and, if not, why not?"

18. Deputy S.Pitmanof St. Helier will askthefollowingquestion of the Minister for Treasury and Resources –

" W ill the Minister outline when the Island will receive a final, categorical answer to the question of whether or not all aspects of the Zero-Ten taxation policy are EU compliant and the full reasons underlying this?"

19. Deputy P.V.F.Le Claire of St. Helier will ask the following question of the Minister for Treasury andResources –

" F ollowing the Minister's recent press release concerning Zero-Ten, in which he advised that the consensus of the EU Code Group was that the present Zero-Ten regime was harmful', what options, if any, are under consideration as a viable alternative?"

20. The Deputy of St. John will ask the following question ofthe Minister forTransportand Technical Services –

"H as any action been taken by the Transport and Technical Services Department and the contractor to rectify the poor quality asphalt work on Queen's Road and on the footpath

between Rue du Galet and First Tower and, if so, would he detail the cost of this work and the

amount paid to the contractor and advise whether the works were undertaken by the same contractor as Victoria Avenue?"

21. Deputy J.M.MaçonofSt.Saviour will ask the followingquestionofthe Chief Minister –

" F urther to the response given on 20th October 2009, when I asked the Chief Minister whether the introduction of the Deemed Distributed measures which discriminate against Jersey-owned Jersey companies in direct contravention of the Organisation for Economic Co-operation and Development's directive was justified, is he still able to justify the measures in light of the recent announcement by the EU code group?"

22. The Deputy of St. Martin will ask the followingquestionofthe Chief Minister –

" W  ould the Chief Minister explain to the Assembly why he welcomes the Council of Europe report on how Jersey treats people in the Island who are statutorily detained and advise why a News Release in relation to this matter was circulated to the media but not to Members?"

23. The Deputy of St. Mary will ask the following question of the Minister forHealth and Social Services –

" C an the Minister explain to members why she has engaged KPMG to review the work of the department, what the cost of this work will be, what it will cover, and how KPMG came to be selected?"

24. Deputy T.M.Pitman of St. Helier will askthefollowingquestionof the Minister forTreasury and Resources –

" H  ow does the Minister reconcile the raising of the GST tax burden for individual tax payers with the Council of Ministers' continuing failure to bring proposals to the States for approval to introduce a level playing field with regard to the taxation of non-local registered companies; and how and when will this be rectified?"

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

1 st q u e s t io n period – Minister for Social Security

2 n d q u e s ti o n period – Minister for Planning and Environment

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

Sustainable Transport Policy. P.104/2010. Lodged: 19th July 2010.

Minister for Transport and Technical Services

Sustainable Transport Policy (P.104/2010): amendment. P.104/2010. Lodged: 3rd November 2010. Amd. Deputy of St.  Mary.

Sustainable Transport Policy (P.104/2010): amendment (P.104/2010  Amd.) – P.104/2010. comments. Amd.Com.

Presented: 11th November 2010.

Minister for Transport and Technical Services.

Sustainable Transport Policy (P.104/2010): second amendment. P.104/2010. Lodged: 4th November 2010. Amd.(2) Connétable of St.  Helier.

Sustainable Transport Policy (P.104/2010): second amendment (P.104/2010  Amd. P.104/2010. (2)) – comments. Amd.(2) Presented: 12th November 2010. Com. Minister for Transport and Technical Services.

Sustainable Transport Policy (P.104/2010): second amendment (P.104/2010  Amd. P.104/2010. (2)) – amendment. Amd.(2). Lodged: 9th November 2010. Amd. Minister for Transport and Technical Services.

Sustainable Transport Policy (P.104/2010): third amendment. P.104/2010. Lodged: 16th November 2010. Amd.(3) Connétable of St. Mary.

Sustainable Transport Policy (P.104/2010): third amendment (P.104/2010  Amd. P.104/2010. (3)) – comments. Amd.(3). Presented: 25th November 2010. Com. Minister for Transport and Technical Services.

Draft Intellectual Property (Unregistered Rights) (Jersey) Law  201-. P.141/2010. Lodged: 12th October 2010.

Minister for Economic Development.

Draft Intellectual Property (Unregistered Rights) (Jersey) Law  201- (P.141/2010): P.141/2010. comments. Com. Presented: 24th November 2010.

Economic Affairs Scrutiny Panel.

Draft Employment (Amendment No.  6) (Jersey) Law 201-. P.143/2010. Lodged: 12th October 2010.

Minister for Social Security.

Draft Harbours (Protection of Cables in Territorial Waters) (Jersey) Regulations P.144/2010. 201-.

Lodged: 13th October 2010.

Minister for Economic Development.

Draft Housing (General Provisions) (Amendment No.  27) (Jersey) Regulations P.151/2010. 201-.

Lodged: 19th October 2010.

Minister for Housing.

Draft Rates (Amendment of Law) (Jersey) Regulations 201-. P.153/2010 Lodged: 19th October 2010.

Comité des Connétable s.

Shadow Boards and Ministerial Boards: approval by the States. P.170/2010. Lodged: 11th November 2010.

Deputy P.V.F. Le Claire ofSt.  Helier.

Ministerial offices: reduction. P.171/2010. Lodged: 12th November 2010.

Deputy P.V.F. Le Claire ofSt.  Helier.

Ministerial offices: reduction (P.171/2010) – comments. P.171/2010. Presented: 25th November 2010. Com. Council of Ministers.

Data Protection Commissioner: re-appointment. P.173/2010. Lodged: 17th November 2010.

Minister for Treasury and Resources.

(Cannot be debated before 1st December 2010)

13. ARRANGEMENT OF PUBLIC BUSINESS

7th December 2010

(Meeting to commence 2.30  p.m.Monday 6th December 2010)

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011. P.157/2010. Lodged: 26th October 2010.

Minister for Treasury and Resources.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): amendment. Amd. Lodged: 8th November 2010.

Deputy G.P. Southern of St.  Helier.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): amendment (P.157/2010  Amd.) – amendment. Amd.Amd. Lodged: 23rd November 2010.

Connétable of St.  Helier.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): amendment (P.157/2010  Amd.) – second amendment. Amd. Lodged: 23rd November 2010. Amd.(2) Senator S.C. Ferguson.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010) – second amendment. Amd.(2) Lodged: 15th November 2010.

Senator F. du H. Le Gresley.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): third amendment. Amd.(3) Lodged: 17th November 2010.

Deputy A.K.F. Green of St.  Helier.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): third amendment (P.157/2010  Amd.(3)) – amendment. Amd.(3). Lodged: 23rd November 2010. Amd. Senator S.C. Ferguson.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): fourth amendment. Amd.(4) Lodged: 22nd November 2010.

Senator F. du H. Le Gresley.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): fifth amendment. Amd.(5) Lodged: 22nd November 2010.

Senator A. Breckon.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): sixth amendment. Amd.(6) Lodged: 22nd November 2010.

Senator F. du H. Le Gresley.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): seventh amendment. Amd.(7) Lodged: 23rd November 2010.

Deputy of Grouville .

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): eighth amendment. Amd.(8) Lodged: 23rd November 2010.

Deputy T.A. Vallois of St.  Saviour.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011 P.157/2010. (P.157/2010): ninth amendment. Amd.(9) Lodged: 23rd November 2010.

Deputy of St.  Mary.

Draft Finance (2011 Budget) (Jersey) Law 201-. P.158/2010. Lodged: 26th October 2010.

Minister for Treasury and Resources.

Draft Income Tax (Amendment No.  37) (Jersey) Law 201-. P.159/2010. Lodged: 26th October 2010.

Minister for Treasury and Resources.

Draft Income Tax (Amendment No.  37) (Jersey) Law 201- (P.159/2010): P.159/2010. amendment. Amd. Lodged: 23rd November 2010.

Minister for Treasury and Resources.

Draft Goods and Services Tax (Amendment No.  3) (Jersey) Law 201-. P.160/2010. Lodged: 26th October 2010.

Minister for Treasury and Resources.

Draft Goods and Services Tax (Miscellaneous Amendments) (Jersey) Regulations P.161/2010. 201-.

Lodged: 26th October 2010.

Minister for Treasury and Resources.

Draft Income Tax (Amendment No.  36) (Jersey) Law 201-. P.121/2010. Lodged: 27th August 2010.

Minister for Treasury and Resources.

Jersey Financial Services Commission: Companies' Register. P.87/2010. Lodged: 22nd June 2010.

Deputy P.V.F. Le Claire ofSt.  Helier.

Jersey Financial Services Commission: Companies' Register (P.87/2010) – P.87/2010. comments. Com. Presented: 28th September 2010.

Minister for Economic Development.

Draft Magistrate's Court (Miscellaneous Provisions) (Amendment No.  10) P.155/2010. (Jersey) Law 201-.

Lodged: 21st October 2010.

Chief Minister.

Draft Social Security (Amendment No.  19) (Jersey) Law 201-. P.163/2010. Lodged: 26th October 2010.

Minister for Social Security.

Draft Community Provisions (Mortality in Oysters) (Amendment) (Jersey) P.165/2010. Regulations 201-.

Lodged: 26th October 2010.

Minister for Planning and Environment.

Draft Sex Offenders (Jersey) Law 2010 (Appointed Day) Act  201-. P.175/2010. Lodged: 23rd November 2010.

Minister for Home Affairs.

18th January 2011

Draft Freedom of Information (Jersey) Law 201-. P.101/2010. Lodged: 19th July 2010.

Privileges and Procedures Committee.

Draft Freedom of Information (Jersey) Law 201- (P.101/2010): comments. P.101/2010. Presented: 6th October 2010. Com. Council of Ministers.

Draft Freedom of Information (Jersey) Law 201- (P.101/2010): amendment. P.101/2010. Lodged: 4th October 2010. Amd Privileges and Procedures Committee.

North of Town Masterplan (Revised). P.103/2010. Lodged: 19th July 2010.

Minister for Planning and Environment.

North of Town Masterplan (Revised) (P.103/2010): addendum. P.103/2010. Presented: 3rd August 2010. Add. Minister for Planning and Environment.

North of Town Masterplan (Revised) (P.103/2010): second amendment. P.103/2010. Lodged: 9th August 2010. Amd.(2) Deputy A.K.F. Green of St.  Helier.

North of Town Masterplan (Revised) (P.103/2010): second amendment P.103/2010. (P.103/2010  Amd.(2)) – comments. Amd.(2) Presented: 26th October 2010. Com. Minister for Planning and Environment.

North of Town Masterplan (Revised) (P.103/2010): third amendment. P.103/2010. Lodged: 1st November 2010. Amd.(3) Connétable of St.  Helier.

North of Town Masterplan (Revised) (P.103/2010): fourth amendment. P.103/2010. Lodged: 3rd November 2010. Amd.(4). Deputy P.V.F. Le Claire ofSt.  Helier.

North of Town Masterplan (Revised) (P.103/2010): fifth amendment. P.103/2010. Lodged: 4th November 2010. Amd.(5). Deputy of St.  Mary.

Samarès Nursery site, St.  Clement: removal from draft Island Plan – petition. P.131/2010. Lodged: 1st October 2010.

Connétable of St. Clement.

Esplanade Quarter: deferment of works and endorsement of Development P.136/2010. Agreement.

Lodged: 7th October 2010.

Deputy of St.  John.

Esplanade Quarter: deferment of works and endorsement of Development P.136/2010. Agreement (P.136/2010) – comments. Com. Presented: 2nd November 2010.

Council of Ministers.

Freedom of Information: implementation plan. P.145/2010. Lodged: 13th October 2010.

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

Draft Loi (No.  7) (201-) concernant la charge de  Juge d'Instruction. P.148/2010. Lodged: 19th October 2010.

Chief Minister.

Jersey Financial Services Commission: imposition of fines. P.150/2010. Lodged: 19th October 2010.

Senator A. Breckon.

Draft Restriction on Smoking (Warning Notices) (Jersey) Regulations 201-. P.156/2010. Lodged: 22nd October 2010.

Minister for Health and Social Services.

Speed Limits: revised policy. P.167/2010. Lodged: 2nd November 2010.

Minister for Transport and Technical Services.

Official Report (Hansard'): retrospective removal of names. P.168/2010. Lodged: 10th November 2010.

Privileges and Procedures Committee.

Draft Amendment (No.  14) of the Standing Orders of the States ofJersey. P.169/2010. Lodged: 10th November 2010.

Privileges and Procedures Committee.

Draft Employment (Minimum Wage) (Amendment No.  7) (Jersey) Regulations P.172/2010. 201-.

Lodged: 16th November 2010.

Minister for Social Security.

Draft States of Jersey (Miscellaneous Provisions) Law  201-. P.176/2010. Lodged: 24th November 2010.

Privileges and Procedures Committee.

1st February 2011

Standing Orders: additional signatories on propositions. P.174/2010. Lodged: 19th November 2010.

Senator P.F. Routier.

Standing Orders: additional signatories on propositions (P.174/2010) – P.174/2010. amendment. Amd. Lodged: 26th November 2010.

Deputy of St.  John.

M.N. DE LA HAYE Greffier of the States

25th November 2010 Note –

In accordance with the meeting dates fixed for 2010 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday1st December and Thursday 2nd December 2010.

Explanatory Note regarding subordinate legislation tabled at this meeting.

(See Item B)

R&O.111/2010.

This Order increases a number of fees relating to sea fisheries and introduces a fee for the application of a sea fisheries licence.

The fee for the grant of a fishing boat licence is increased from £85.60 to £92.00, an increase of 7.5%. The fee was last increased on 1st January 2008.

The fee for a permit for the taking of scallops in unlimited quantities is increased from £75.30 to £80.95, an increase of 7.5%. The fee was last increased on 1st January 2008.

The fee for a permit for the taking of a maximum of 24 scallops a day is increased from £16.70 to £16.90, an increase of 1.43%. This fee was last increased on 1st March 2010.

The annual fee for the grant or renewal of a sea fisheries licence is increased from £155.80 to £167.50 and the annual charge per hectare of the area covered by such a licence is increased from £23.60 to £25.40. Both these charges represent an increase of 7.5% and were last increased on 1st January 2008. Such charges were previously determined by the Minister for Economic Development administratively, without the need for an Order, under the Sea Fisheries (Establishment and Regulation of Fisheries) (Jersey) Regulations 1998. These Regulations have been revoked and replaced by the Sea Fisheries (Fisheries) (Jersey) Regulations 2010, in force from 27th April 2010, which requires such fees to be prescribed by Order.

This Order introduces a fee of £167.50 for the application of a sea fisheries licence under the Sea Fisheries (Fisheries) (Jersey) Regulations 2010.

The Sea Fisheries (Fees) (Jersey) Order  2007 is revoked.

The Order was made on 16th November 2010 and the increases in fees under this Order take effect on 1st January 2011.

R&O.113/2010.

This Order amends two exemptions from registration for carrying on trust company business under the Financial Services (Jersey) Law  1998.

Article  1 of this Order revises paragraph  13 of the Schedule to the Financial Services (Trust Company Business (Exemptions)) (Jersey) Order  2000 by including a new sub-paragraph  (2) setting out an exemption in relation to acting as a company director.

The effect is that an individual may act as director of up to 6 companies without triggering the requirement to register under the Financial Services (Jersey) Law  1998.

The revised paragraph  13 also (in new sub-paragraph  (3)) makes it clear that when working out an individual's number of directorships, no account is to be taken of any directorship in relation to which some other exemption applies under the trust company business exemptions under the Financial Services (Jersey) Law  1998.

Article  2 of this Order amends the Schedule to the Financial Services (Trust Company Business (Exemptions No. 4)) (Jersey) Order  2001, making it clear that both prerequisites for an exemption for connected persons must be satisfied.

Article  3 sets out the name of this Order and specifies when it is to come into force.

The Order was made on 17th November 2010 and comes into force in accordance with Article 3.

R&O.114/2010.

This Order adds 9 car parks to the lists of public parking places subject to time restrictions. The places are in the parishes of St.  Brelade, St.  Clement,St.  Helier, St.  Martin and St.  Saviour.

Article 1 defines the expression "principal Order" to mean the Road Traffic (Public Parking Places) (Jersey) Order 2006.

Article 2 amends, in the definition of "controlling body", the list of public parking places under the control of the Minister for Education, Sport and Culture. A controlling body has general supervision of public parking places and may impose conditions on their use.

Article  3 assigns the additional parking places to their parish lists.

Article  4 assigns different time restrictions to those parking places.

Article  5 names the Order.

Article  6 brings the Order into force 7  days after it is made.

The Order was made on 20th November 2010 and came into force on 27th November 2010.

R&O.115/2010.

These Rules apply to appeals to the Court of Appeal under Articles 19, 20, 21, 22, 23, 24, 25 and 26 of the Sex Offenders (Jersey) Law 2010 ("the Law").

The main purpose of the Law is to require people who have been convicted (before or after the Law comes into force) of certain sexual offences to keep the police informed of their whereabouts while they are in Jersey. It also empowers the courts to make orders restricting the activities of people who may be sexual predators or who may sexually exploit children and vulnerable persons. It also requires the Chief Police Officer and certain Ministers to enter into agreements setting out general arrangements to be put into effect to assess and manage persons who pose a risk of sexual harm.

The Articles referred to above confer certain rights of appeal from the Royal Court to the Court of Appeal. Such appeals are (by virtue of Article 18) by way of a review. On such an appeal, the Court of Appeal –

1. m a y make any orderitconsidersnecessary to give effect to its determination ofthe appeal; and
2. m  ay make any incidental or consequential orderasappearstoittobe just.

In relation to each of the rights of appeal conferred:

Article 19provides for appeals where the Royal Court has certified or has refused to certify an offence as sexually aggravated or that an offence involved the use or the threat of the use of violence against a person or property.

Article 20provides for appeals where the Royal Court has specified a period that must expire before a person subject to notification requirements may make an application for an order that he or she should no longer be subject to those requirements.

Article 21provides for appeals where the Royal Court has decided to make or not to make an order that a person should no longer be subject to notification requirements; or that a person be made subject to notification requirements in respect of an offence committed before the Law came into force.

Article 22provides for appeals where the Royal Court has made or refused to make a restraining order under the Law. A restraining order may be made against a person who has committed certain sexual offences in certain circumstances (see Article 10) where the court is satisfied on the balance of probabilities, on the application of the Attorney General, that the person poses a threat of serious sexual harm to the public or any particular person or persons. The court may make such order in respect of the offender as it is satisfied is necessary to protect the public or any particular person or persons from serious sexual harm from the offender.

Article 23provides for appeals where the Royal Court has made or refused to make a child protection order under the Law. The Attorney General may apply to the Royal Court (under Article 11) for a child protection order in respect of a person aged 15 or over ("the defendant") who resides in Jersey; or who the Attorney General believes is in, or is intending to come to, Jersey. The Court may make the order if satisfied on the balance of probabilities that the defendant has engaged in certain sexual activities and it is necessary to make the order to protect children generally or any child from harm from the defendant. A child protection order prohibits the defendant from doing anything described in the order; and has effect for a fixed period (not less than 2 years) specified in the order or until further order.

Article 24provides for appeals where the Royal Court has made or refused to make a travel order under the Law. The Attorney General may apply to the Royal Court (under Article 12) for a travel order in respect of a person subject to notification requirements ("the notifier"). The Court may make the order if satisfied on the balance of probabilities that the notifier's acts and behaviour make it necessary to make such an order for the purpose of protecting children generally or any child from serious sexual harm from the notifier outside Jersey. The order may prohibit the notifier from travelling to places outside Jersey either generally, or as named or described in the order.

Article 25provides for appeals where the Royal Court has made or refused to make an order imposing notification requirements on a person in respect of a conviction before the commencement of the Law of a relevant sexual offence.

Article 26 provides for appeals where the Royal Court has made or refused to make an order imposing or continuing notification requirements on a person who, outside Jersey, has been convicted of an offence which, if committed in Jersey, would have constituted a sexual offence to which the Law applies.

These Rules of Court consist of 3 Parts, 12 Rules and 1 Schedule.

Part 1 consists of Rule 1 only, relating to interpretation; but the definitions of "appeal", "appellant" and "respondent" are referable to Rule 2(2).

Part 2consists of Rules 2 to 7 relating to appeals under Articles 19, 20, 21, 22, 23, 24, 25 and 26 of the Law (an "appeal" means any such appeal).

Rule 2deals with the application of the Rules. The terms "appellant" and "respondent" are defined.

Rule  3 makes provision for the commencement of an appeal by giving notice of appeal (in the appropriate Form specified in the Schedule) not later than 14  days after the day on which the decision appealed against is given. The notice must be sent to the Greffier; and the Greffier must send a copy of the notice of appeal to the respondent.

Rule  4 provides for service of a respondent's notice and requires such a notice to be lodged if the respondent wants to make representations to the Court of Appeal; or if the Court of Appeal so directs. There is a 7  day period within which to file a respondent's notice. The Greffier must send a copy of the respondent's notice to the appellant.

Rule  5provides that a notice of appeal or respondent's notice may be amended with leave of the Court.

Rule  6 provides for the Greffier to set the appeal down on the list of appeals when the respondent's notice has been served, or the time limited for serving it has expired; and for the Greffier shall to give notice that the appeal has been set down; and to give directions to the parties to progress the appeal.

Rule  7requires that a date be fixed for the hearing of the appeal as soon as is convenient to the Court, and the Greffier is required to give notice thereof to the parties.

Part 3 consists of Rules 8 to 12 making general provisions.

Rule  8 makes provision as to parties in custody, and their right to be present on the hearing of the appeal; and as to their entitlement to be present at proceedings preliminary or incidental to the appeal if given leave by the Court to be present, or if not legally represented.

Rule  9 relates to the power of the Court in relation to stay of execution or of proceedings under the decision appealed from; and the effect of an appeal on the order of the court below.

Rule  10empowers a judge of the Court to extend or shorten time within which anything is required to be done in connection with an appeal.

Rule  11 enables an appellant to abandon an appeal by written notice to the Greffier, but without affecting the Court's discretion as to costs.

Rule  12 is the customary citation and commencement provision.

The Schedule contains 8 Forms of Notice of Appeal under the respective Articles of the Law to which theRules

relate (see above in relation to Rule 3).

The Rules were made by the Court of Appeal on 22nd November 2010 and will come into force on the day that the States by Act appoint for the coming into force of the Sex Offenders (Jersey) Law 2010.

WRITTEN QUESTIONS (See Item I(a))

1. T he Minister for Planning andEnvironment will table an answer to the following questionaskedby Senator J.L. Perchard –

"Who is undertaking the review of Planning procedures?

When is the review expected to be completed?

Will the Minister publish in full the findings and recommendations of the review?"

2. T he Minister for Economic Development will table ananswerto the followingquestionaskedbythe Deputy of St. John –

"Will the Minister advise when the resignation of the Airport Director will take effect, whether a new Director been appointed and, if so, when he or she will take over from the current post-holder?

Would the Minister further advise whether the current post-holder is presently acting in a caretaker role and, if so, is he implementing any new policies at the Airport, and if so, why?"

3. The Minister for Education, Sport and Culture willtableananswerto the following questionasked by Deputy J.M.MaçonofSt. Saviour –

" What measures, if any, has the Department taken in order to ensure that every student leaves the education system as a literate citizen and, in doing so, has consideration been given to the French system whereby students are held back until a certain level of literacy has been achieved and, if not, why not?"

4. T he Minister for Home Affairs will tableananswer to the followingquestionaskedbythe Deputy of St. John –

"T he response to my written question of 16th November 2010 regarding computers at the prison is silent as to

where the funding for internet facilities came from, would the Minister supply details and also advise how many mobile phones or sim cards have been confiscated from prisoners over the last 3 years?"

5. T he Minister for Education, Sport and Culture will table ananswer to the followingquestionaskedby Senator J.LPerchard –

"Will the Minister outline his options and proposals to deliver the Education, Sport and Culture Department's 10% CSR savings should the States decide in 2011 that the grants to fee-paying/private schools are not to be reduced by more than a total of 10% as required by the CSR savings?"