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Consolidated Order Paper 18th July 2011

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STATES OF JERSEY ORDER PAPER

Monday 18th July 2011 CONSOLIDATED

  1. COMMUNICATIONS BY THE PRESIDING OFFICER
  2. TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)

Road Traffic ( Grouville ) (Amendment No. 6) (Jersey) Order 2011. R&O.87/2011. Minister for Transport and Technical Services.

Motor Traffic (Cabs– Fares and Charges) (Amendment No. 2) (Jersey) Order R&O.88/2011. 2011.

Minister for Transport and Technical Services.

  1. DOCUMENTS PRESENTED OR LAID

* Goods and Services Tax: exemption or zero-rating for health foods P.81/2011. (P.81/2011) – comments. Com.(3) Presented: 15th July 2011.

Minister for Treasury and Resources.

* Goods and Services Tax: exemption or zero-rating for health foods P.81/2011. (P.81/2011) – amendment (P.81/2011 Amd.)– comments. Amd.Com. Presented: 15th July 2011.

Minister for Treasury and Resources.

* Draft Income Tax (Amendment No. 39) (Jersey) Law 201- (P.113/2011): P.113/2011. amendment (P.113/2011 Amd.)– comments. Amd. Presented: 18th July 2011. Com.(2) Council of Ministers.

* Discrimination Law and delay on pension reform (P.118/2011): comments. P.118/2011. Presented: 18th July 2011. Com.(2) Minister for Home Affairs.

* Discrimination Law and delay on pension reform (P.118/2011): comments. P.118/2011. Presented: 18th July 2011. Com.(3) Council of Ministers.

* Discrimination Law and delay on pension reform (P.118/2011): comments. P.118/2011. Presented: 18th July 2011. Com.(4) Minister for Social Security

* Community Relations Trust: re-appointment of Chairman. R.85/2011. Presented: 15th July 2011.

Minister for Home Affairs.

* Travel and Entertainment Expenses 2010: Ministers and Assistant Ministers. R.86/2011. Presented: 18th July 2011.

Chief Minister.

* Policing of Beaches and Parks. S.R.10/2011. Presented: 18th July 2011.

Economic Affairs Scrutiny Panel.

  1. NOTIFICATION OF LODGED PROPOSITIONS

* Discrimination Law and delay on pension reform (P.118/2011) – amendment. P.118/2011. Lodged: 15th July 2011. Amd. Council of Ministers.

* Draft Annual Business Plan 2012. P.123/2011. Lodged: 18th July 2011.

Chief Minister.

  1. WITHDRAWAL OF LODGED PROPOSITIONS
  2. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS Nomination of Mr Stephen Haigh as a member of the Public Accounts Committee.
  3. MATTERS OF PRIVILEGE
  4. PETITIONS
  5. QUESTIONS
  1. Written Questions (attached)

* Note: Written question No. 6482 to the Minister for Education, Sport and Culture (shown as number 6 on the Principal Order Paper) has subsequently been withdrawn by Senator J.L. Perchard.

  1. The Minister for Home Affairs will table an answer to a question asked by Deputy P.V.F. Le Claire of St. Helier regarding the long-term unemployed and work permits.
  2. The Minister for Planning and Environment will table an answer to a question asked by Deputy P.V.F. Le Claire of St. Helier regarding approvals within the Green Zone.
  3. The Minister for Economic Development will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding Mandatory Occurrence Reports.
  4. The Chief Minister will table an answer to a question asked by the Deputy of St. Martin regarding a suspension list.
  5. The Minister for Home Affairs will table an answer to a question asked by Senator B.E. Shenton regarding journalistic practices.
  6. The Chief Minister will table an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding 5 year contracts.
  7. H.M. Attorney General will table an answer to a question asked by Senator J.L. Perchard regarding financial means-testing for prisoners.
  8. The Minister for Transport and Technical Services will table an answer to a question asked by the Connétable of St. Mary regarding parking on Victoria Avenue.
  9. The Minister for Treasury and Resources will table an answer to a question asked by Deputy G.P. Southern of St. Helier regardingPrivate Finance Initiative schemes.
  10. The Minister for Treasury and Resources will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding tax burdens.
  11. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the control of migration numbers.
  12. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding pay budgets.
  1. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding Jury Service.
  2. The Minister for Health and Social Services will table an answer to a question asked by Senator S.C. Ferguson regarding hours worked by middle grade doctors.
  3. The Minister for Health and Social Services will table an answer to a question asked by Senator S.C. Ferguson regarding the length of shifts for middle grade doctors.
  4. The Minister for Planning and Environment will table an answer to a question asked by the Deputy of St. Mary regarding the processing of planning applications.
  5. The Minister for Housing will table an answer to a question asked by the Deputy of St. Mary regarding the definition of housing need.
  6. The Minister for Transport and Technical Services will table an answer to a question asked by the Deputy of St. Mary regarding the reduction of accidents.
  7. The Minister for Education, Sport and Culture will table an answer to a question asked by the Deputy of St. Mary regarding the evaluation of schools.
  8. The Minister for Economic Development will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding contract with N.A.T.S. (National Air Traffic Services Ltd).
  9. The Minister for Economic Development will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the Operations Department at Jersey Airport.
  10. The Minister for Economic Development will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding Senior Air Traffic Officers.
  1. – Oral Questions (120 minutes)
  1. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Planning and Environment–

"Will the Minister inform members when the proposed plans for the St. Saviour over 55's retirement village will be determined and will the Minister be determining the development himself?"

  1. Senator B.E. Shenton will ask the following question of the Minister for Treasury and Resources–

"What was the total amount spent by WEB and the States in developing a scheme for East of Albert including the relocation of the port, fuel farm and development of residential units?"

  1. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister–

"Will the Chief Minister agree to provide members with a schedule setting out when his proposals outlining the "management side's position" will be produced in order that the negotiations on terms and conditions for States employees can be put to staff representatives in a timely manner to co-ordinate with the 2012 Annual Business Plan, Budget and 2011 election dates?"

  1. Deputy P.V.F. Le Claire of St. Helier will ask the following question of the Minister for Home Affairs–

"Having had a chance to review the current work permit permissions in detail, is the Minister able to provide the current numbers who have work permits and their dependants who may also

work in Jersey and advise whether he considers this a satisfactory situation, given the current high

levels of unemployment in Jersey and the types of jobs that those with such permits and their dependents have access to?"

  1. Deputy T.A. Vallois of St. Saviour will ask the following question of the Minister for Treasury and Resources–

"What are the proposed changes, if any, to the Resources Department; are there any areas which

will be returned to the Chief Minister's Department and, if so, why?"

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

"Following the acceptance of the new defaced Red Ensign for ships registered in Jersey, what action, if any, will the Minister take to reinstate the rights of the St Helier and Royal Channel Island Yacht Clubs to fly their defaced ensigns, given that the former earned the right to fly the ensign as battle honours for the part played by its members during the evacuation of St. Malo in 1940?"

  1. The Deputy of St. Martin will ask the following question of the Chief Minister–

"Will the Chief Minister inform Members of the number of Human Resources Officers employed in the public sector, advise whether they are subject to annual appraisals and state how frequently they attend refresher courses to ensure they are kept up to date with developments in legislation and other relevant matters?"

  1. Deputy T.M. Pitman of St. Helier will ask the following question of the Minister for Home Affairs–

"Following recent comments made in evidence to a scrutiny sub-panel and in the Assembly alleging that confidential information relating to the historic abuse inquiry had twice been leaked to a Daily Mail journalist, what measures, if any, will the Minister be discussing with the new Chief Officer of the States of Jersey Police to ensure that police inquiries cannot be undermined in this way in the future?"

  1. Senator S.C. Ferguson will ask the following question of the Minister for Treasury and Resources–

"Given P.93/2005 and P.73/2010, will the Minister explain his proposed plans for States of Jersey Property Holdings and the States of Jersey Development Company Limited and will he undertake not to implement any changes before receiving the approval of the Assembly if he plans to amend the structures agreed by the States for these two bodies?"

  1. Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the Minister for Treasury and Resources–

"How does the Minister justify the appointment of a Third Sector Co-ordinator in the light of other bodies performing such work and the CSR driven cuts to bodies like Family Nursing and Home Care?"

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

"Does the Minister believe that Jersey Airport is getting value for money from its contract with

NATS Ltd (the UK privatised air traffic control services provider formerly known as the National Air Traffic Services Ltd)?"

  1. Deputy A.E Jeune of St. Brelade will ask the following question of the Minister for Health and Social Services–

"Would the Minister advise where her Department has advertised for nursing staff in the past 12

months and specifically whether it advertised in Eire and if so, in what publications?

  1. The Deputy of St. Mary will ask the following question of the Minister for Economic Development –

"Given that nearly all major advertisers deserted the News of the World because of the reputational damage of being associated with the brand, what steps has the Minister taken or will he take to ensure that News International or News Corporation are not using Jersey in any way for tax avoidance purposes?"

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

"Why is the Channel Islands Control Zone classified as Class A airspace and how was this decision arrived at?"

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

"Would the Minister update the Assembly on the number of licenses granted to online gaming companies to date and identify them; advise what the implications are for Jersey following the arrest of individuals in the USA allegedly engaging in bank fraud and money laundering linked to the top three online gambling companies and whether moves by the UK government to reform how overseas-based operators are regulated will impact upon Jersey?

  1. The Deputy of St. Mary will ask the following question of the Chief Minister–

"Given that a saving target of nearly £1 million a year on energy and water costs is envisaged, can the Chief Minister explain why the savings target of 10% was announced so late in the three year term of this Assembly, and can he inform members what manpower and other resources are specifically allocated to the task of reaching or exceeding this target?"

  1. Deputy T.M. Pitman of St. Helier will ask the following question of H.M. Attorney General–

"Given that all States members swear an oath requiring them to attend States meetings, and that

members can only be excused if ill, absent on States business or excused attendance, would the Attorney General explain to members what steps, if any, can be taken to enforce the oath if a member persistently leaves sittings to attend to private business and whether remuneration could be withheld in these circumstances?"

  1. Deputy A.E. Jeune of St. Brelade will ask the following question of the Minister for Health and Social Services–

"Would the Minister inform Members whether she considers the current legislation and training

provision for food hygiene in the Island to be adequate and appropriate and, if not, advise what action, if any, is being taken to address this matter?"

  1. The Deputy of St. Martin will ask the following question of the Minister for Home Affairs– "Will the Minister inform Members whether the States of Jersey Police has a policy to ensure

that complaints against police are investigated and processed expeditiously and is he content with the Police Complaints Authority's oversight of complaints against police?" 20. Deputy T.A. Vallois of St. Saviour will ask the following question of the Minister for Economic Development–

"Could the Minister advise how businesses have been affected by the refusal of 565 employee licences through the Regulation of Undertakings and Development (Jersey) Law 1973?"

  1. The Deputy of St. John will ask the following question of the Minister for Transport and Technical Services–

"As Victoria Avenue was recently reengineered and resurfaced why has it been found necessary

to now lay high friction surfaces to many of the junctions, why was this work not undertaken during the main project and what is the cost of these additional works and the life expectancy of the materials used?"

  1. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister–

"Will  the  Minister  outline  for  members  what  progress  has  been  made  in  the  Tribal benchmarking review of teachers' and lecturers' terms and conditions, state when the review is due to be completed and assure members that its findings will be circulated to members?"

  1. Questions to Ministers without notice (30 minutes)

1st question period– Minister for Transport and Technical Services 2nd question period– Minister for Economic Development

  1. PERSONAL STATEMENTS
  2. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY

The Chairman of the Jersey Branch of the Commonwealth Parliamentary Association will make a statement to mark the centenary of the Association.

  1. PUBLIC BUSINESS

* Roads and Pavements: legal liability in case of negligence. P.75/2011. Lodged: 13th May 2011.

Deputy of St. Martin.

* Roads and Pavements: legal liability in case of negligence (P.75/2011) P.75/2011. comments. Com. Presented: 4th July 2011.

Minister for Transport and Technical Services.

* Roads and Pavements: legal liability in case of negligence (P.75/2011) P.75/2011. comments. Com.(2) Presented: 11th July 2011.

Minister for Treasury and Resources.

Draft Security Interests (Jersey) Law 201-. P.88/2011. Lodged: 31st May 2011.

Minister for Economic Development.

Draft Medicines (Amendment No. 3) (Jersey) Law 201-. P.94/2011. Lodged: 2nd June 2011.

Minister for Health and Social Services.

Draft Public Finances (Amendment No. 3) (Jersey) Law 201-. P.97/2011. Lodged: 6th June 2011.

Minister for Treasury and Resources.

Draft Fire and Rescue Service (Jersey) Law 201-. P.98/2011. Lodged: 6th June 2011.

Minister for Home Affairs.

Draft Gambling (Jersey) Law 201-. P.100/2011. Lodged: 6th June 2011.

Minister for Economic Development.

Ratification of the Agreement for the exchange of information relating to tax P.101/2011. matters between the Government of Jersey and the Government of the Republic

of Indonesia.

Lodged: 7th June 2011.

Chief Minister.

Ratification of the Agreement for the Exchange of Information relating to Tax P.101/2011. Matters between the Government of Jersey and the Government of the Republic Add. of Indonesia (P.101/2011): addendum.

Presented: 9th June 2011.

Chief Minister.

Draft Medical Practitioners (Registration) (Amendment No. 4) (Jersey) Law P.106/2011. 201-.

Lodged: 7th June 2011.

Minister for Health and Social Services.

* Draft Social Security (Amendment of Law No. 1) (Jersey) Regulations 201-. P.110/2011. Lodged: 7th June 2011.

Minister for Social Security.

* Draft Social Security (Amendment of Law No. 1) (Jersey) Regulations 201- P.110/2011. (P.110/2011): amendment. Amd. Lodged: 22nd June 2011.

Deputy G.P. Southern of St. Helier.

* Draft Social Security (Amendment of Law No. 1) (Jersey) Regulations 201- P.110/2011. (P.110/2011): amendment (P.110/2011 Amd.)– comments. Amd.Com. Presented: 13th July 2011.

Minister for Treasury and Resources.

* Draft Long-Term Care (Jersey) Law 201-. P.108/2011. Lodged: 7th June 2011.

Minister for Social Security.

* Draft Long-Term Care (Jersey) Law 201- (P.108/2011): amendment. P.108/2011. Lodged: 7th July 2011. Amd. Minister for Social Security.

* Draft Income Support (Amendment No. 7) (Jersey) Regulations 201-. P.107/2011. Lodged: 7th June 2011.

Minister for Social Security.

* Draft Income Support (Special Payments) (Amendment) (Jersey) Regulations P.109/2011. 201-.

Lodged: 7th June 2011.

Minister for Social Security.

Draft Income Tax (Amendment No. 39) (Jersey) Law 201-. P.113/2011. Lodged: 7th June 2011.

Minister for Treasury and Resources.

Draft Income Tax (Amendment No. 39) (Jersey) Law 201- (P.113/2011): P.113/2011. amendment. Amd. Lodged: 5th July 2011.

Deputy T.M. Pitman of St. Helier.

Draft Income Tax (Amendment No. 39) (Jersey) Law 201- (P.113/2011): P.113/2011. amendment (P.113/2011 Amd.)– comments. Amd.Com. Presented: 13th July 2011.

* Draft Income Tax (Amendment No. 39) (Jersey) Law 201- (P.113/2011): P.113/2011. amendment (P.113/2011 Amd.)– comments. Amd. Presented: 18th July 2011. Com.(2) Council of Ministers.

Draft Income Tax (Prescribed Limit and Rate) (Amendment) (Jersey) P.114/2011. Regulations 201-.

Lodged: 7th June 2011.

Minister for Treasury and Resources.

Draft Income Tax (Prescribed Limit and Rate) (Amendment) (Jersey) P.114/2011. Regulations 201- (P.114/2011): amendment. Amd. Lodged: 5th July 2011.

Deputy T.M. Pitman of St. Helier.

* Draft Shops (Regulation of Opening) (Jersey) Regulations 201-. P.95/2011. Lodged: 3rd June 2011.

Minister for Economic Development.

* Draft Shops (Regulation of Opening) (Jersey) Regulations 201- (P.95/2011): P.95/2011. amendment. Amd. Lodged: 6th July 2011.

Deputy I.J. Gorst of St. Clement .

(Cannot be debated before 20th July 2011)

* Draft Shops (Regulation of Opening) (Jersey) Regulations 201- (P.95/2011): P.95/2011. second amendment. Amd.(2) Lodged: 7th July 2011.

Connétable of St. Lawrence.

(Cannot be debated before 21st July 2011)

* Draft Shops (Regulation of Opening) (Jersey) Regulations 201- (P.95/2011): P.95/2011. third amendment. Amd.(3) Lodged: 7th July 2011.

Deputy A.K.F. Green of St. Helier.

(Cannot be debated before 21st July 2011)

* Draft Shops (Regulation of Opening and Deliveries) (Jersey) Law 2010 P.96/2011. (Appointed Day) Act 201-.

Lodged: 3rd June 2011.

Minister for Economic Development.

* Goods and Services Tax: exemption or zero-rating for health foods. P.81/2011. Lodged: 23rd May 2011.

Deputy S. Pitman of St. Helier.

* Goods and Services Tax: exemption or zero-rating for health foods P.81/2011. (P.81/2011) – comments. Com. Presented: 4th July 2011.

Council of Ministers.

* Goods and Services Tax: exemption or zero-rating for health foods P.81/2011. (P.81/2011) – comments. Com.(2) Presented: 7th July 2011.

Minister for Health and Social Services.

* Goods and Services Tax: exemption or zero-rating for health foods P.81/2011. (P.81/2011) – comments. Com.(3) Presented: 15th July 2011.

* Goods and Services Tax: exemption or zero-rating for health foods P.81/2011. (P.81/2011) – amendment. Amd. Lodged: 13th July 2011.

Deputy S. Pitman of St. Helier.

(Cannot be debated before 20th July 2011)

* Goods and Services Tax: exemption or zero-rating for health foods P.81/2011. (P.81/2011) – amendment (P.81/2011 Amd.)– comments. Amd.Com. Presented: 15th July 2011.

Minister for Treasury and Resources.

Millennium Town Park: railings. P.117/2011. Lodged: 20th June 2011.

Deputy D.J. De Sousa of St. Helier.

Discrimination Law and delay on pension reform. P.118/2011. Lodged: 21st June 2011.

Deputy G.P. Southern of St. Helier.

Discrimination Law and delay on pension reform (P.118/2011): comments. P.118/2011. Presented: 13th July 2011. Com. Minister for Treasury and Resources.

* Discrimination Law and delay on pension reform (P.118/2011): comments. P.118/2011. Presented: 18th July 2011. Com.(2) Minister for Home Affairs.

* Discrimination Law and delay on pension reform (P.118/2011): comments. P.118/2011. Presented: 18th July 2011. Com.(3) Council of Ministers.

* Discrimination Law and delay on pension reform (P.118/2011): comments. P.118/2011. Presented: 18th July 2011. Com.(4) Minister for Social Security

* Discrimination Law and delay on pension reform (P.118/2011) – amendment. P.118/2011. Lodged: 15th July 2011. Amd. Council of Ministers.

(Cannot be debated before 22nd July 2011)

  1. ARRANGEMENT OF PUBLIC BUSINESS

13th September 2011

* Draft Annual Business Plan 2012. P.123/2011. Lodged: 18th July 2011.

Chief Minister.

Machinery of Government: review. P.76/2011. Lodged: 16th May 2011.

Council of Ministers.

Hand-held Devices in the States Chamber: trial. P.77/2011. Lodged: 17th May 2011.

Privileges and Procedures Committee.

Hand-held Devices in the States Chamber: trial (P.77/2011) – amendment. P.77/2011. Lodged: 28th June 2011. Amd. Deputy D.J. De Sousa of St. Helier.

Disciplinary and grievance hearings: right to a friend. P.112/2011. Lodged: 7th June 2011.

Deputy of St. Martin.

Disciplinary and grievance hearings: right to a friend (P.112/2011) – comments. P.112/2011. Presented: 4th July 2011. Com. Minister for Treasury and Resources.

Disciplinary and grievance hearings: right to a friend (P.112/2011) – comments. P.112/2011. Presented: 5th July 2011. Com.(2) States Employment Board.

Disciplinary and grievance hearings: right to a friend (P.112/2011) – comments. P.112/2011. Presented: 5th July 2011. Com.(3) Minister for Social Security.

Draft Sea Fisheries (Amendment No. 2) (Jersey) Law 201-. P.119/2011. Lodged: 27th June 2011.

Minister for Economic Development.

Medium Term Financial Plan: minimum lodging period. P.120/2011. Lodged: 28th June 2011.

Deputy G.P. Southern of St. Helier.

Medium Term Financial Plan: minimum lodging period (P.120/2011) – P.120/2011. amendment. Amd. Lodged: 13th July 2011.

Minister for Treasury and Resources.

Clos des Sables: further development– petition. P.121/2011. Lodged: 6th July 2011.

Deputy M. Tadier of St. Brelade.

Draft The Law Society of Jersey (Amendment No. 3) Law 201-. P.122/2011. Lodged: 12th July 2011.

Chief Minister.

M.N. DE LA HAYE Greffier of the States

18th July 2011

Note An asterix * in the left hand margin denotes either a new item added to this Order Paper since the principal Order Paper was published on 13th July 2011, or an item which has been moved.