States Order Paper 6th July 2010

STATES OF JERSEY ORDER PAPER

Tuesday 6th July 2010

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

(Explanatory note attached)

Royal Court (Amendment No.  10) Rules 2010. R&O.61/2010. Superior Number of the Royal Court.

Service of Process (Amendment No.  2) Rules  2010. R&O.62/2010. Superior Number of the Royal Court.

Advocates and Solicitors (Qualifying Examination) (Amendment No.  6) Rules R&O.63/2010. 2010.

Superior Number of the Royal Court.

The Law Society of Jersey (Disciplinary Proceedings) Rules 2010. R&O.64/2010. Superior Number of the Royal Court.

3. DOCUMENTS PRESENTED OR LAID

Samarès Nursery site, St.  Clement: removal from draft Island Plan – petition P.49/2010. (P.49/2010) – comments. Com. Presented: 28th June 2010.

Minister for Planning and Environment.

Public Finances (Jersey) Law 2005: funding requests under Article  11(8) P.64/2010. (P.64/2010) – comments. Com. Presented: 2nd July 2010.

Public Accounts Committee.

Funding of long-term care: Green Paper – Response Summary. R.87/2010. Presented: 24th June 2010.

Minister for Social Security.

Employment Tribunal Side Members: extension of appointments. R.88/2010. Presented: 29th June 2010.

Minister for Social Security.

Criminal Injuries Compensation Board: Report and Accounts for 2009. R.89/2010. Presented: 29th June 2010.

Minister for Home Affairs.

States of Jersey Law 2005: delegation of functions – Housing Department. R.90/2010. Presented: 29th June 2010.

Minister for Housing.

Land Transactions under Standing Order 168(3) – Red Houses Car Park, R.91/2010. La  Rue Don, St.  Brelade–  lease.

Presented: 30th June 2010.

Minister for Treasury and Resources.

Postal Services in Jersey: Universal Service Obligation – Consultation Green R.92/2010. Paper.

Presented: 30th June 2010.

Minister for Economic Development.

States Members Remuneration Review Body: recommendations for 2011. R.93/2010. Presented: 2nd July 2010.

Privileges and Procedures Committee.

Public Elections Working Party Report. R.94/2010. Presented: 2nd July 2010.

Privileges and Procedures Committee.

Tourism Public Private Partnership. S.R.8/2010. Presented: 25th June 2010.

Economic Affairs Scrutiny Panel.

4. NOTIFICATION OF LODGED PROPOSITIONS

Property and Infrastructure Regeneration: the States of Jersey Development P.73/2010. Company Limited (P.73/2010) – amendment. Amd. Lodged: 25th June 2010.

Senator B.E. Shenton.

States becoming inquorate during a meeting: revised procedures (P.82/2010) – P.82/2010. amendment. Amd. Lodged: 30th June 2010.

Privileges and Procedures Committee.

Jersey Financial Services Commission: appointment of Commissioner P.86/2010. (P.86/2010) – amendment. Amd. Lodged: 29th June 2010.

Minister for Economic Development.

Foreign taxes and freight costs in prices of goods sold in Jersey. P.89/2010. Lodged: 25th June 2010.

Deputy M.R. Higgins of St.  Helier.

Central Market Sub-Post Office facility: social and economic study of closure. P.90/2010. Lodged: 28th June 2010.

Deputy S. Pitman of St.  Helier.

Comprehensive Spending Review: savings proposals – impact on employment P.91/2010. of public sector staff.

Lodged: 29th June 2010.

Deputy G.P. Southern of St. Helier.

Financial and manpower statements in Propositions: revised procedures. P.92/2010. Lodged: 30th June 2010.

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

5. WITHDRAWAL OF LODGED PROPOSITIONS

6. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

Appointment of the Chairman of the Health, Social Security and Housing Scrutiny Panel.

7. MATTERS OF PRIVILEGE
8. PETITIONS
9. QUESTIONS

1. – Written Questions (attached)

1. T he Minister forHealthandSocialServices will table an answer to a questionaskedbythe Deputy of St. John regardingservicesto help the sufferers ofcombat stress related illnesses.
2. T he Minister forTreasury and Resourceswilltableananswer to a question askedby Senator J.L. Perchard regarding the common investment fund.
3. T he Minister for Planning and Environment will table an answer to a questionaskedbySenator B.E. Shenton regarding planning decisions made under Article 19(3) of the Planning and Building (Jersey)Law2002.
4. The Chief Minister will table an answer to a question asked by the Deputy of St. John regarding the Magistrate's contract.
5. T he Minister forSocialSecurity will tableananswer to a question askedbythe Deputy of St. John regardingcold calling' by Healthand Safety officers.
6. T he Minister for EconomicDevelopment will table an answer to a questionaskedby the Deputy of St. John regarding staffing matters at the Airport.
7. T heMinister for TreasuryandResources will table an answer to a question asked by Senator
   1. Breckon regardingtheOfficeStrategy.
8. T heMinister for TreasuryandResources will table an answer to a question asked by Senator
   1. Beckon regarding salaries for JerseyPostand Jersey Telecom SeniorManagement staff.
9. T he Minister for Home Affairs will tableananswerto a questionaskedby Deputy T.M. Pitman ofSt. Helierregarding information relating to the suspension of the Chief Officer of the States of Jersey Police.

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

T.M. Pitman of St.  Helier regarding anti social behaviour at the Albert Quay.

11. The Minister for Education, Sport and Culture will tableananswerto a questionaskedby Deputy T.M. Pitman regarding lifeguards atHavre des Pas bathing pool.
12. The Chief Minister will table an answer to a questionaskedby Deputy G.P. Southern of St.  Helier regarding consultations onpotential job losses in the public sector.
13. The Minister for Treasury and Resources will table an answerto a questionasked by Deputy

G.P. Southern of St.  Helier regarding the consultation on personal taxation.

14. The Minister for EconomicDevelopment will table ananswerto a questionasked by Deputy G.P. Southern of St.  Helier regarding theimpactof competition in the postal market.
15. The Minister for Treasury and Resources will table an answerto a questionasked by Deputy G.P. Southern of St.  Helier regarding personal taxation.
16. The Minister for Health and SocialServices will table ananswerto a questionaskedby Deputy G.P. Southern of St.  Helier regarding theComprehensiveSpendingReview proposals.
17. The Minister for Health and SocialServices will table ananswerto a questionaskedby Deputy
    1000. Tadier ofSt. Brelade regarding respite facilities and the Four SeasonsHealthCareGroup.
18. The Chairman of the Comité des Connétable s will table ananswerto a questionasked by Deputy M. Tadier ofSt. Breladeregarding the issue ofwarrant cards.
19. The Minister for Education, Sport and Culture will tableananswerto a questionaskedby Deputy R.G.Le Hérissier ofSt. Saviour regarding annual grants to private schools.

20  The Minister for Planning and Environment will table an answer to a question asked by Deputy

R.G. Le  Hérissier of St.  Saviour regarding the cost of processing a planning application.

21. The Minister for Home Affairs will table ananswer to a questionaskedby Deputy R.G. Le  Hérissier ofSt. Saviour regarding rates of convictions for rape offences.
22. The Minister for Health and SocialServices will table ananswerto a questionaskedby Deputy R.G.Le HérissierofSt. Saviour regarding Hospital Consultants and private practice.
23. The Minister for TransportandTechnicalServices will tableananswerto a questionaskedby the Deputy of St.  John regarding road works.
24. The Minister for TransportandTechnicalServices will tableananswerto a questionaskedby the Deputy of St.  Mary regarding theappointmentof a landscape architect to design and deliver the TownPark.
25. The Minister for Planning and Environment will table an answer to a questionaskedby the Deputy of St.  Maryregarding a reportonpeakoilandclimatechange.
26. The Minister for Planning and Environment will table an answer to a questionaskedby the Deputy of St.  Mary regarding the discharge permit for the water outflow from the Jersey Electricity Company'spowerstation.
27. The Minister for TreasuryandResources will table an answer to a questionaskedbythe Deputy of St.  Maryregarding States investment fundsandBP.
28. The Minister for TreasuryandResources will table an answer to a questionaskedbythe Deputy of St.  Maryregarding the Comprehensive Spending Reviewproposals.
29. The Minister for Home Affairs will table an answer to a questionaskedbySenatorF.duH. Le  Gresley regardingthecostofthesuspension of the Chief Officerofthe States ofJersey Police.

2. – Oral Questions (120 minutes)

The following oral question was deferred from the meeting of 22nd June 2010, at the request of H.M. Attorney General and therefore is additional to the two oral questions which the Deputy of St.  Mary has submitted for the present meeting –

T h e Deputy of St.  Mary will ask the following question of H.M. Attorney General –

"Following cases of politicians attempting to influence the prosecution process, could H.M. Attorney General explain why it is considered inappropriate for members to attempt to influence the decision whether or not to prosecute, given that the normal process of politics is to try to influence events, policies and outcomes?"

1. S enatorJ.L.Perchard will ask the followingquestionofthe Minister for Education, Sport and Culture –

" H ow many hours a week are head teachers required to provide Physical Education (PE) and genuinely competitive sporting opportunities in primary and secondary schools and will the Minister agree to adjust the school curriculum to provide more compulsory PE and more opportunities for pupils to engage in genuinely competitive sports and if not ,why not?"

2. D eputyT.M.Pitmanof St. Helier will askthefollowingquestion of the Minister for Home Affairs –

" W ill the Minister advise whether the alleged author of the Metropolitan (Met) Police Interim Report is himself under investigation by the Met regarding alleged anomalies in the report's construction and whether the author neglected to interview crucial witnesses who could have refuted allegations made by the Former Deputy Chief Officer against the former Senior Investigating Officer and the suspended Chief Officer of the States of Jersey Police?"

3. D eputyG.P. Southern ofSt. Helier will ask the following question of the Minister forTreasury and Resources –

" W ill the Minister explain to members what he means by the statement on page 5 of the Business Tax Review Green Paper that Tax neutrality is also important to non-financial services businesses and can influence developments in other parts of the economy' and state what short-term measures, if any, he has under consideration to ensure that non-locally owned non-finance businesses that conduct business in the Island pay tax in Jersey?"

4. T he Deputy of St. Martin will ask the following questionof the Minister for Health and Social Services –

" F ollowing the response given on 22nd June 2010, when the Minister undertook to inform Members how the suspended surgeon's skills were maintained when the terms of suspension denied him access to the hospital, will she advise who was responsible for his Continuous Professional Development and give a detailed account of how his clinical and operative skills were maintained both during the suspension and since the suspension was lifted?"

5. D eputyM. Tadier of St. Brelade will ask the following questionof the Minister for Home Affairs –

"Will the Minister inform Members why and when he commissioned an independent inquiry into the financial probity of the Haut de la Garenne Inquiry, how much it has cost, where the funding has come from and when the report will be presented to the States?"

6. Senator B.E. Shenton will ask the following question of the Minister for Planning and Environment –

" W hy does the Constable of the Parish carry more weight in respect of planning matters than the Parish Deputy , and what legal authority, if any does the Minister have to base planning decisions on the sole personal opinion of the Parish Constable?"

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

" W ould the Minister advise whether he has requested and received a detailed outline of the events of 16th June 2010 when a fire broke out aboard the Commodore Clipper ferry; and, if so, would he explain why it took close to 24 hours for passengers to disembark the ferry and why neither he nor the Harbour Master have replied to my emails on this subject?"

8. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Economic Development –

" W ill the Minister advise whether all appointments made by Jersey Airport over the last three years have been advertised both internally throughout the civil service and externally in the local and national media; that all appointments have been made in accordance with civil service practice and procedures; and that those appointed have all been subject to competitive interviews and, if not, will he explain which positions were not and why?"

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

" G  iven that the Minister has presented options for personal and business taxation to the public for consultation, will he advise whether any additional options were considered as part of the taxation review and, if so, why were they not included for consultation?"

10. Deputy J.A.Martin of St. Helier will ask the followingquestionofthe Minister for Transport and TechnicalServices –

" W ould the Minister advise whether he has requested that Connex monitor the current usage of the Route 18 bus, which currently runs on a circular route 3 times an hour between 9 30 and 4 daily, in order to assess the potential to extend this bus once an hour to the top of Mount Bingham and, if not, would he give an undertaking to do so?"

11. Deputy S.Pitmanof St.  Helier will ask the following question of the Minister for Treasury and Resources –

" W ould the Minister inform Members whether the 2 members of staff of the former Central Market Post office, who had not found alternative jobs by the 30th June 2010, have been asked to remain at the Market post office until October 30th 2010, and, if not, would the Minister advise who will be staffing the sub-post office until it closes and why?"

12. The Deputy of St.  Mary will ask the followingquestionofthe Minister for Planning and Environment –

" C an the Minister advise how many times over the last 10 years a developer, large or small, has been given a reasonable' or justifiable' expectation by officers or politicians that a planning permission will be given in the future, even as the application under consideration was being turned down?"

13. The Deputy ofSt. Martin will ask the followingquestionofthe Minister for Home Affairs –

" W ould the Minister advise whether the two police officers, who were suspended for around 18

months and then subsequently cleared of all disciplinary charges at a hearing on 23rd February

2010, are now back to full operational duties and if not, why not?"

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

" A re Air Field Quality Assurance Ltd (AFQA) Consultants employed at the Airport and, if so, in what capacity, for what length of contract and at what annual cost?"

15. Deputy M. Tadier ofSt. Brelade will ask the followingquestionofH.M. Attorney General –

" G iven that the previous Attorney General confirmed that the Constables as well as being States Members are also [honorary] police officers, will H.M. Attorney General advise members whether  this  dual  role  is,  in  his  opinion,  human  rights  compliant  and  which  articles  and protocols he has taken into account in coming to this opinion?"

16. Deputy T.M.Pitmanof St. Helier will ask the following questionof the Minister for Treasury and Resources –

" G iven that in the Fiscal Strategy Review public consultation document it is stated that a key consideration in implementing a 30% Income Tax rate for those earning above £100.000 is the possibility of such individuals choosing to leave the Island, will the Minister advise what firm evidence, if any, his department has to support such fears?"

17. Deputy M.R.Higginsof St. Helier will ask the followingquestionof the Minister forTreasury and Resources –

" W ould the Minister provide Members with the latest estimate of the tax revenue lost to the Treasury since the Zero Ten Tax regime, whereby foreign owned trading companies operating in Jersey pay no taxes in the Island, was adopted?"

18. Deputy G.P. Southern of St.  Helier will askthefollowingquestionof the Chief Minister–

" W hen does the Chief Minister intend to consult with States employee representatives over the terms under which job losses announced in the proposals for the first stage of the Comprehensive Spending Review will take place?"

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

Housing Development Fund: cost/benefit analysis. P.61/2010. Lodged: 12th May 2010.

Senator A. Breckon.

Housing Development Fund: cost/benefit analysis (P.61/2010) – amendment. P.61/2010. Lodged: 21st June 2010. Amd. Minister for Treasury and Resources.

Public Finances (Jersey) Law 2005: funding requests under Article  11(8). P.64/2010. Lodged: 25th May 2010.

Minister for Treasury and Resources.

Public Finances (Jersey) Law 2005: funding requests under Article  11(8) P.64/2010. (P.64/2010) – comments. Com. Presented: 2nd July 2010.

Public Accounts Committee.

Civil servants earning over £60,000 per annum: publication of salary bands. P.71/2010. Lodged: 4th June 2010.

Deputy M.R. Higgins of St.  Helier.

Public Employees Contributory Retirement Scheme: Membership of the P.79/2010. Committee of Management.

Lodged: 11th June 2010.

Chief Minister.

States becoming inquorate during a meeting: revised procedures. P.82/2010 Lodged: 15th June 2010.

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

States becoming inquorate during a meeting: revised procedures (P.82/2010) – P.82/2010. amendment. Amd. Lodged: 30th June 2010.

Privileges and Procedures Committee.

(Cannot be debated before 7th July 2010)

Human Rights Law: statements of compatibility. P.84/2010. Lodged: 17th June 2010.

Deputy of St.  Martin.

Jersey Financial Services Commission: appointment of Commissioner. P.86/2010. Lodged: 22nd June 2010.

Minister for Economic Development.

(Consideration in camera')

Jersey Financial Services Commission: appointment of Commissioner P.86/2010. (P.86/2010) – amendment. Amd. Lodged: 29th June 2010.

Minister for Economic Development.

Havre des Pas Swimming Pool: retention of lifeguard service. P.88/2010. Lodged: 22nd June 2010.

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

13. ARRANGEMENT OF PUBLIC BUSINESS

19th July 2010

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.

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

Minister for Planning and Environment.

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.

Income Support: eligibility for educational or training courses. P.66/2010. Lodged: 27th May 2010.

Health, Social Security and Housing Scrutiny Panel.

Draft Howard Davis Farm (Abrogation of Covenant) (Amendment of Law) P.67/2010. (Jersey) Regulations 201-.

Lodged: 28th May 2010.

Minister for Treasury and Resources.

Draft Income Tax (Amendment No.  35) (Jersey) Law 201-. P.68/2010. Lodged: 28th May 2010.

Minister for Treasury and Resources.

Draft Unlawful Public Entertainments (Jersey) Regulations 201-. P.72/2010. Lodged: 7th June 2010.

Minister for Home Affairs.

Property and Infrastructure Regeneration: the States of Jersey Development P.73/2010. Company Limited.

Lodged: 7th June 2010.

Council of Ministers.

Property and Infrastructure Regeneration: the States of Jersey Development P.73/2010. Company Limited (P.73/2010) – amendment. Amd. Lodged: 25th June 2010.

Senator B.E. Shenton.

Jersey Heritage Trust: service level agreement and funding requirements. P.75/2010. Lodged: 8th June 2010.

Minister for Education, Sport and Culture.

Draft Income Support (Amendment No.  5) (Jersey) Regulations  201-. P.77/2010.

Lodged: 8th June 2010. Minister for Social Security.

Draft Taxation Relief (Arrangement with the United Kingdom) (Jersey) Act P.83/2010. 201-.

Lodged: 17th June 2010.

Chief Minister.

Foreign taxes and freight costs in prices of goods sold in Jersey. P.89/2010. Lodged: 25th June 2010.

Deputy M.R. Higgins of St.  Helier.

Central Market Sub-Post Office facility: social and economic study of closure. P.90/2010. Lodged: 28th June 2010.

Deputy S. Pitman of St.  Helier.

Comprehensive Spending Review: savings proposals – impact on employment P.91/2010. of public sector staff.

Lodged: 29th June 2010.

Deputy G.P. Southern of St. Helier.

13th September 2010

Island Plan 2002: Field 622, St.  Ouen – rezoning. P.48/2010. Lodged: 19th April 2010.

Connétable of St. Ouen.

North of Town Masterplan. P.57/2010. Lodged: 11th May 2010.

Minister for Planning and Environment.

North of Town Masterplan (P.57/2010): amendment. P.57/2010. Lodged: 13th May 2010. Amd. Connétable of St. Helier.

North of Town Masterplan (P.57/2010): second amendment. P.57/2010. Lodged: 8th June 2010. Amd.(2) Deputy A.K.F. Green of St.  Helier.

North of Town Masterplan (P.57/2010): third amendment. P.57/2010. Lodged: 8th June 2010. Amd.(3) Deputy P.V.F. Le Claire of St.  Helier.

Immigration, Asylum and Nationality Act, 2006 and Immigration and Asylum P.80/2010. Act, 1999: Extension of Certain Sections to Jersey.

Lodged: 14th June 2010.

Chief Minister.

Draft Census (Amendment No.  3) (Jersey) Law 201-. P.81/2010. Lodged: 14th June 2010.

Chief Minister.

Questions in the States: Connétable s and political parties. P.85/2010. Lodged: 18th June 2010.

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

28th September 2010

Planning and Building Law: repeal of Minister's power to grant permission that P.78/2010. is inconsistent with the Island Plan.

Lodged: 10th June 2010.

Senator B.E. Shenton.

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

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

Financial and manpower statements in Propositions: revised procedures. P.92/2010. Lodged: 30th June 2010.

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

12th October 2010

Samarès Nursery site, St.  Clement: removal from draft Island Plan – petition. P.49/2010. Lodged: 20th April 2010.

Connétable of St. Clement.

Samarès Nursery site, St.  Clement: removal from draft Island Plan – petition P.49/2010. (P.49/2010) – comments. Com. Presented: 28th June 2010.

Minister for Planning and Environment.

Machinery of Government: amended structure. P.70/2010. Lodged: 3rd June 2010.

Senator A. Breckon.

Machinery of Government: amended structure (P.70/2010) – amendment. P.70/2010. Lodged: 10th June 2010. Amd. Deputy P.V.F. Le Claire of St.  Helier.

M.N. DE LA HAYE Greffier of the States

1st July 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 7th July and Thursday 8th July 2010.

Explanatory Note regarding subordinate legislation tabled at this meeting.

(See Item B)

R&O.61/2010.

The High Hedges (Jersey) Law  2008 enables property owners to make complaints to the Minister for Planning and Environment alleging that the reasonable enjoyment or use of all or any part of their property is being adversely affected by the height of a hedge on land owned or occupied by another person. If the Minister considers the complaint justified, he may issue a remedial notice specifying what must be done in relation to the hedge.

The Law provides the following rights of appeal to the Royal Court –

• U n der Article 12 by the complainant against a determination by the Minister that a complaint is not justified;

• U n der Article 13 by the owner or occupier of the neighbouring land against a determination by the Minister that the complaint is justified, or against a requirement or condition specified in the

remedial notice.

Such High Hedges Law appeals' do not rank as planning appeals within the meaning of Part 15 of the Royal Court Rules and are not covered by the modified planning appeal procedures. They are, however, analogous to planning appeals and in particular to third party appeals. These Rules prescribe modified and third party appeal procedures in respect of High Hedges Law appeals akin to those that obtain in relation to planning appeals.

Each Rule provides as follows:

Rule 1 merely defines the principal Rules'.

Rule 2 defines a High Hedges Law appeal'. It also defines the expressions modified procedure' and ordinary procedure' in relation to such appeals.

Rules 3 and 7 and the Schedule, make provision as to the form of notice of appeal.

Rules 4 and 5 relate to the procedure to be followed on a High Hedges Law appeal. The appeal is brought – like any other administrative appeal – by serving the notice of appeal on the respondent (i.e. the Minister). But a further copy of the notice has to be served on the owner or occupier of the neighbouring land (in the case of an appeal by the complainant) or on the complainant (in the case of an appeal by the owner or occupier of the neighbouring land).

Within 28  days of receiving the notice of appeal, the Minister must lodge an affidavit giving a statement of the relevant decision and the facts material to the decision and the reasons for it together with documentary evidence

(see Rule 15/3(1) of the principal Rules). The affidavit must be served not only on the appellant, but also on the owner or occupier or on the complainant, as the case may be.

From this point on, the procedure is the same as the third party appeal procedure in planning appeals, including the modified procedure' and the procedure for appeals on the papers' (see the inserted Rules 15/3F and 15/3G).

Rule 6 makes consequential amendments to Schedules  4 and 4A to the principal Rules. Rule 8 is the usual citation provision

The Rules were made by the Superior Number of the Royal Court on 28th June  2010 and came into force on 5th July  2010.

R&O.62/2010.

Under Rule  5 of the Service of Process Rules 1994, leave is required for service out of the jurisdiction. Under Rule  7(o) of those Rules, leave to serve out may be given where"The claim is made under the Drug Trafficking Offences (Jersey) Law 1988".

The reference to the Drug Trafficking Offences (Jersey) Law 1988 is now out-of-date. These Rules replace it with a reference to the Proceeds of Crime (Cash Seizure) (Jersey) Law 2008.

These Rules were made by the Superior Number of the Royal Court on 28th June 2010 and came into force forthwith.

R&O.63/2010.

These Rules contain a short amendment to Rule 3 of the Advocates and Solicitors (Qualifying Examination) Rules 1997 ("the principal Rules"). The Examination Board is required under Rule 3(7) of the principal Rules to "appoint sessions for the holding of the preliminary examination (if necessary) and for the holding of the final examination each year –

1. i n June and July;and
2. i n September".

Under Rule 3(16) of the principal Rules, a candidate sitting the final examination may not attempt less than 2 papers at any one session. This is subject to the proviso under Rule 3(17) that, if it remains for the candidate to pass only one paper, he or she may attempt just that paper.

The amendment widens this proviso so that, if a candidate wishes to re-sit a single paper that the candidate has failed to pass at the immediately preceding session, he or she may do so.

These Rules were made by the Superior Number of the Royal Court on 28th June 2010 and came into force on 5th July 2010.

R&O.64/2010.

These Rules are made pursuant to Article 34 of The Law Society of Jersey Law  2005 under which the Superio Number of the Royal Court may make Rules of Court regulating and prescribing the procedures to be followed by disciplinary committees under that Law.

These Rules are divided into 5 Parts and 16 Rules.

PART 1 consists of Rule 1 only which defines a number of expressions.

PART 2 consists of Rules 2 and 3 making further provision as regards action on receipt of a complaint against a practitioner.

Rule 2 requires the President of the Law Society to ensure that a complaint is referred to a disciplinary committee promptly, when satisfied that it has been stated in writing and properly formulated. Rule 2 also empowers the President to appoint a member of the Law Society or any other suitable person to assist in discharging any of the above requirements. The reasonable costs of the member or person appointed as above are met out of funds provided by the Law Society.

Rule  3 relates to arrangements for the presentation of complaints against practitioners. The President of the Law Society must be satisfied that the arrangements for presenting the complaint to a disciplinary committee are fair and reasonable for the complainant and the practitioner. To this end, the President may appoint a member of the Law Society to present the complaint. The reasonable costs of a member so appointed are met out of funds provided by the Law Society.

PART 3 consists of Rules 4 to 7 relating to the action taken once a complaint has been referred to a disciplinary committee.

Rule 4 relates simply to the application of the Part. Rule 5 governs service of documents; and Rule 6 requires a disciplinary committee to have an address for service and to notify that address to the interested parties as soon as practicable.

Rule  7 confers a broad power on a disciplinary committee to give any directions deemed necessary or appropriate. It may also consent to the withdrawal of a complaint or allegation; adjourn a hearing; agree amendments of complaints or allegations or the correction of any matter. It has a broad power to make any necessary directions to secure a timely hearing.

PART 4 consists of Rules 8 to 13 relating to hearings and evidence.

Rule 8 concerns hearing dates. A disciplinary hearing will not normally take place less than 21 days after notice is given of the hearing date. Rule 9 provides that the strict rules of evidence will not apply at hearing before a

disciplinary committee unless it directs otherwise.

Rule  10 concerns evidence given by statement in writing (whether or not on oath). Written statements must be filed at least 14  days before the hearing, unless the committee directs otherwise. The other party may require the attendance of the relevant witness. If a party intends to call a witness who has not previously given a statement, 7  days notice must be given, and a copy of a written proof of evidence lodged.

Rule 11 makes it clear that a complainant may be represented before a disciplinary committee by an advocate or a solicitor independently of the appointment of a member of the Law Society under Rule 3. A practitioner may be represented before a disciplinary committee by an advocate or a solicitor. Furthermore, either party may appear and be heard by a representative who – if not an advocate or solicitor – must be a person approved by the disciplinary committee as appropriate to represent the party.

Rule  12 relates to hearings, which are to take place at a time and place considered by the disciplinary committee to be appropriate and convenient. This Rule specifies who may be present at a hearing. If a committee is satisfied that notice has been duly served, it may hear the complaint in the absence of either or both of the parties or their representatives (whether by agreement of the parties or otherwise).

Under Rule 13 a disciplinary committee must make a finding as to whether any or all of the allegations in the complaint have been substantiated. If so, the practitioner may make submissions in mitigation; and the disciplinary committee must announce the sanction. The committee may, however, reserve its decision for later announcement.

PART 5 consists of Rules 14 to 16 dealing with miscellaneous matters.

Rule  14 requires a note to be taken of proceedings at a hearing; and it may be taken by electronic means.

Rule 15 contains saving provisions for references to a mediator. In that event a committee may stay the proceedings before it.

Rule  16 is the customary citation provision.

These Rules were made by the Superior Number of the Royal Court on 28th June  2010 and came into force on 5th July  2010.

WRITTEN QUESTIONS (See Item I(a))

1. The Minister for Health and Social Services will tableananswer to the followingquestionaskedbythe Deputy of St.  John –

" G iven that the military and government in the United Kingdom have established a special service run by General Practitioners to deal with cases of combat stress illness, will a similar service be available in Jersey, to make sure all our ex-service and serving personnel can benefit from any help that is required, given many Island residents have been or are in the Armed Services and the Island has a defence budget for our Territorial Army?

W  ould the Minister give details of what action if any, the Health and Social Services Department is taking in

this area and, if none please explain why?"

2. The Minister for TreasuryandResources will tableananswer to the following questionaskedbySenatorJ.L. Perchard –

" F ollowing the Assembly's decision on 11th May 2010 to adopt P.35/2010 and create a States of Jersey Common Investment Fund, whereby the majority of States funds will be pooled for investment purposes, will the Minister outline his plans for reporting the performance of the said Fund?"

3. The Minister for Planning and Environment will table ananswer to the following questionaskedbySenator B.E.Shenton –

" C an the Minister list all planning decisions specifically made under Article 19(3) of the Planning and Building (Jersey) Law 2002 during the past 2 years and publish the justification for doing so in each case, which is required under the Law?

F u rthermore can he cross-reference these decisions with Article  12(1) and list all incidences where public

inquiries were held and, if they were not held, explain the reasoning for deciding this Article  of the Law was not applicable?"

4. The Chief Minister will table an answer to the following questionaskedby the Deputy ofSt. John –

" G iven the Police Court Magistrate is not undertaking Court duties, will the Minister consider terminating his contract and at the same time put in place a claim for wages paid to be returned?"

5. The Minister for SocialSecuritywilltableananswer to the followingquestionaskedbythe Deputy of St.  John –

" C an the Minister outline the practice used by Health and Safety officers in obtaining information; is it usual practice to cold call/telephone businesses and ask how many electrical sockets are in use within the premises and, if so, is this information then passed on to a third party in order that a survey of the electrical system can be undertaken, with a view to carrying out works?"

6. The Minister forEconomicDevelopment will table ananswertothefollowingquestionaskedby the Deputy of St.  John –

" W ould the Minister advise whether an internal job vacancy was filled for a Strategic Planning Manager at the Airport in 2009, at a salary of between £60,000 and £85,000, and if so, why was it found necessary to employ this person, given that the job description appears to overlap with that of the Airport Director, and why was the job was only advertised internally and not to a wider audience?

W  ould the Minister advise whether a Baggage Consultant from Airfield Quality Assurance Ltd on a 2 year

contract of £65,000 per annum is employed to advise at the Airport, and, if so, could this work not have been done from within the existing workforce?

W  ill the Minister advise whether a 1(1)(j) category employee in the Air Traffic Control Department has been

signed off work until November 2010, as a result of that employee not passing necessary tests, and, if so, would he confirm the length of the remainder of this person's contract?"

W  ill the Minister advise whether the Airport Personnel Officer is employed on a part time basis, and, if so, at

what grade?"

7. The Minister for TreasuryandResources will table an answertothefollowingquestionaskedbySenatorA. Breckon –

" F ollowing the answer given by his Assistant Minister on 20th April 2010 concerning the States Office Strategy, would the Minister provide Members with details of what progress, if any, has been made?"

8. The Minister for TreasuryandResources will table an answertothefollowingquestionaskedbySenatorA. Breckon –

" C an the Minister provide details of salaries above £70,000 that have been paid to existing and former employees of Jersey Post and Jersey Telecom in the two years prior to (and each of the years following) incorporation up to 2009?

C  an the Minister provide details of any bonus payments and incentive payments that have been paid to

existing and former employees of Jersey Post and Jersey Telecom in the two years prior to and each of the years following incorporation up to 2009?

C  an the Minister provide details of the cost any severance or redundancy packages that have been paid to

existing and former employees of Jersey Post and Jersey Telecom in the two years prior to and each of the years following incorporation up to 2009?

C an the Minister provide details of salaries above £70,000 that have been paid to existing and former

executive or non-executive directors of Jersey Post and Jersey Telecom in the two years prior to and each of the years following incorporation up to 2009?"

9. The Minister for Home Affairs will table an answerto the following questionaskedby Deputy T.M. Pitman of St.  Helier–

" U  nder questioning about the lengthy suspension process of the Chief Officer of the States of Jersey Police on the 22nd June 2010, the Minister asked for patience, advising Members that all would be revealed in July, will the Minister now give assurances that when referring to July he meant that information, including access to the so called 'Metropolitan Police Interim Report' and information as to whether the former Chief Minister and current States Chief Executive Officer received briefings on other States Members as a consequence of 'Operation Blast', will be provided to members before, or during the last States sitting prior to the summer recess; or will the Minister be seeking to delay the release of such information until the summer recess has begun, thus preventing the opportunity for Members to ask questions?"

10. The Minister forEconomicDevelopment will table ananswer to the followingquestionasked by Deputy T.M.Pitmanof St.  Helier–

" W ill the Minister advise what action, if any, the Harbours Department has taken to address the long-standing anti-social behaviour problems suffered by residents at Albert Quay Apartments; specifically whether the promised speed bumps are yet in place; what, if any, impact the new speed cameras have had and, if no action has been taken when will these matters be progressed?"

11. The Minister forEducation, Sport and Culture will table ananswer to the followingquestionaskedby Deputy T.M. Pitman of St.  Helier –

" I s the Minister able to identify any alternative efficiency savings, other than cutting the three life guards at Havre des Pas swimming pool, which would have less front-line impact on services, and, if so, what might these be?"

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

" W ill the Chief Minister state what formal consultation, if any, has taken place with representatives of States employees over the potential job losses contained in the proposals put forward by Ministers in the Comprehensive Spending Review and, if none, will he state when he expects consultation to start?

W  ill the Chief Minister indicate the timescale over which he envisages any redundancies will take place and

the extent to which these will be covered by Voluntary Redundancy (VR) or Voluntary Early Retirement schemes already in place or will there be a need for compulsory redundancies?

W  ill he further detail for members any proposals he has for changes to the VR scheme to be applied from

2011, and state whether (and when) he expects to consult with employee representatives over any changes, or does he intend to impose it unilaterally as with the pay freeze?

W  hat estimates, if any, does he have for the cost in redundancy or other payments of the 67.6 job losses

already proposed?"

13. The Minister forTreasury and Resources will table ananswer to the following questionaskedby Deputy G.P. Southern of St.  Helier –

" W ill the Minister inform members why, in the Fiscal Strategy Review consultation documents on personal and business taxation, he has proposed a figure of £30 million for additional personal tax but has set no such figure for any additional contribution from the business sector to fund essential public services?

C a n he further explain why over the period 2004 to 2008 Income Tax receipts from salary and wage earners

have increased by 66% (from £136m to £225m) whist Company tax has only risen by 23% over the same period (from £189m to £233m)?

W  ill the Minister also give members his estimates of what the overall tax take (including GST, the 0/10 regime and Income Tax) between these two revenue generating sectors will be for the current tax year?"

14. The Minister forEconomicDevelopment will table ananswer to the followingquestionasked by Deputy G.P. Southern of St.  Helier –

" F ollowing the Minister's undertaking last month to initiate a wide-ranging public consultation over the

potential impact of the introduction of further competition into the postal market on the finances of Jersey Post

and the maintenance of the USO; would the Minister update members on progress and state when we can expect the public and other stakeholders to be consulted?

D  oes the Minister accept that proper regulation and not competition may be the way forward in the delivery

of efficient postal services for all postal users?"

15. The Minister forTreasury and Resources will table ananswer to the following questionaskedby Deputy G.P. Southern of St.  Helier –

" D oes the Minister consider the description of GST as "mildly regressive" as a fair and balanced statement to use in the consultation on personal taxation, when the Minister's figures show that it has more than twice the impact on the income of the lowest earners than it does on the highest?

W  ill he also explain to members why in the consultation on personal tax, almost half of the questions concern

business, but he describes the Business tax review as a "technical exercise" aimed solely at business and taxation experts? Why has he not consulted the public on what they believe to be the correct balance to be struck between Business and Personal taxation?

W ill the Minister state why he has chosen to consult on a cap of Social Security contributions at £115,000?

Is it simply to be competitive with Guernsey's £117,468? What would the effect be of removing the ceiling altogether?"

16. The Minister for Health and SocialServices will tableananswer to thefollowingquestionaskedby Deputy G.P. Southern –

" W ill the Minister inform members of the decision-making process relating to her Comprehensive Spending Review proposals, to include the timeline of meetings at which these decisions were made and who was making these decisions?