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Consolidated Order Paper 22nd November 2011

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STATES OF JERSEY ORDER PAPER

Tuesday 22nd November 2011 CONSOLIDATED

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

Shops (Regulation of Opening) (Fête dé Noué 2011) (Jersey) Order 2011.  R&O.148/2011. Minister for Economic Development.

Regulation of Undertakings and Development (Return of Employers)  R&O.149/2011. (Amendment) (Jersey) Order 2011.

Minister for Economic Development.

Community Provisions (Implementation of the mandate of the International  R&O.150/2011. Criminal Tribunal for the former Yugoslavia) (Revocation) (Jersey) Order 2011.

Chief Minister.

Community Provisions (Restrictive Measures – Democratic Republic of the  R&O.151/2011. Congo) (Jersey) Order 2011.

Chief Minister.

Extradition (Application to Customs and Excise) (Jersey) Order 2011.  R&O.152/2011. Minister for Home Affairs.

Firearms (General Provisions) (Jersey) Order 2011.  R&O.153/2011. Minister for Home Affairs.

Police Procedures and Criminal Evidence (Application to Customs and Excise)  R&O.154/2011. (Amendment No. 2) (Jersey) Order 2011.

Minister for Home Affairs.

Architects (Registration) (General Provisions) (Jersey) Order 2011.  R&O.155/2011. Minister for Economic Development.

Sex Offenders (Travel Notification Requirements) (Jersey) Order 2011.  R&O.156/2011. Minister for Home Affairs.

Sex Offenders (Prescribed Jurisdictions) (Jersey) Order 2011.  R&O.157/2011. Minister for Home Affairs.

Income Tax (Superannuation Funds) (Amendment No. 5) (Jersey) Order 2011.  R&O.158/2011. Minister for Treasury and Resources.

Social Security (Collection of Contributions) (Amendment No. 2) (Jersey) Order  R&O.159/2011. 2011.

Minister for Social Security.

Social Security (Contributions) (Amendment No. 9) (Jersey) Order 2011.  R&O.160/2011. Minister for Social Security.

Social Security (General Benefit) (Amendment No. 3) (Jersey) Order 2011.  R&O.161/2011. Minister for Social Security.

* Community Provisions (Restrictive Measures – Syria) (Amendment No. 8)  R&O.162/2011. (Jersey) Order 2011.

Chief Minister.

  1. DOCUMENTS PRESENTED OR LAID

Reform of Jersey law relating to security interest in movable property – Stage 2:  R.137/2011. extension to tangible movables – White Paper.

Presented: 16th November 2011.

Minister for Economic Development.

* Government Actuary's Report on the financial condition of the Health Insurance  R.138/2011. Fund as at 31st December 2007.

Presented: 18th November 2011.

Minister for Social Security.

* Energy Efficiency Service: Phase 1 Report.  R.139/2011. Presented: 18th November 2011.

Minister for Planning and Environment.

Succession Planning within the States of Jersey Police (S.R.7/2011): response of  S.R.7/2011. the Minister for Home Affairs.  Res. Presented: 17th November 2011.

Minister for Home Affairs.

Issues surrounding the review of financial management of Operation Rectangle.  S.R.16/2011. Presented: 9th November 2011.

Education and Home Affairs Scrutiny Panel.

Report on the Accounts of the States of Jersey for the year ended 31st December  P.A.C.3/2011. 2010.

Presented: 11th November 2011.

Public Accounts Committee.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Draft Criminal Justice (International Co-operation) (Amendment No. 2) (Jersey)  P.181/2011. Law 201-.

Lodged: 15th November 2011.

Minister for Home Affairs.

Draft States of Jersey Police Force Law 201-.  P.182/2011. Lodged: 16th November 2011.

Minister for Home Affairs.

  1. 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 –

* Jersey Business Venture: future role.  P.150/2011. Lodged: 5th September 2011.

Senator A. Breckon.

  1. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

On 22nd November 2011

  1. Appointment of the Chairman of the Privileges and Procedures Committee.
  2. Appointment of the Chairman of the Public Accounts Committee.
  3. Appointment of the Chairmen of the Scrutiny Panels in the following order -
  1. Corporate Services
  2. Economic Affairs
  3. Education and Home Affairs
  4. Environment
  5. Health, Social Security and Housing
  1. Appointment of Chairman of the Jersey Overseas Aid Commission.

On 24th November 2011 –

(vii)  Appointment of President of the Chairmen's Committee

(viii)  Appointment of the Members of the Privileges and Procedures Committee.

  1. Appointment of the Members of the Public Accounts Committee.
  2. Appointment of the Members of the Scrutiny Panels in the following order -
  1. Corporate Services
  2. Economic Affairs
  3. Education and Home Affairs
  4. Environment
  5. Health, Social Security and Housing
  1. Appointment of Members of the Jersey Overseas Aid Commission.
  2. Appointment of two Members of the States Employment Board

M.  ARRANGEMENT OF PUBLIC BUSINESS

6th December 2011

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

Deputy M. Tadier of St. Brelade .

Clos des Sables: further development – petition (P.121/2011) – report of the  P.121/2011. Minister for Treasury and Resources.  Rpt. Presented: 31st August 2011.

Minister for Treasury and Resources.

Homebuy or Shared Equity Scheme: approval by the States.  P.163/2011. Lodged: 30th September 2011.

Senator A. Breckon.

Old Age Pension: method for increase.  P.164/2011. Lodged: 3rd October 2011.

Senator A. Breckon.

Ex gratia payment: Mr. D. Turner.  P.166/2011. Lodged: 4th October 2011.

Deputy M.R. Higgins of St. Helier .

Mobile dental service funded from the Health Insurance Fund.  P.170/2011. Lodged: 13th October 2011.

Senator A. Breckon.

Draft Endangered Species (CITES) (Jersey) Law 201-.  P.171/2011. Lodged: 17th October 2011.

Minister for Planning and Environment.

Draft Shipping (MARPOL) (Jersey) Regulations 201-.  P.172/2011. Lodged: 18th October 2011.

Minister for Economic Development.

Draft Criminal Justice (Miscellaneous Provisions) (No. 3) (Jersey) Law 201-.  P.173/2011. Lodged: 20th October 2011.

Chief Minister.

Election campaign period: restrictions.  P.174/2011. Lodged: 21st October 2011.

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

St. Helier Waterfront: development.  P.175/2011. Lodged: 21st October 2011.

Connétable of St. Helier .

Medium Term Financial Plan: minimum lodging period.  P.176/2011. Lodged: 21st October 2011.

Deputy G.P. Southern of St. Helier .

Medium Term Financial Plan: minimum lodging period (P.176/2011)  P.176/2011. amendment.  Amd. Lodged: 1st November 2011.

Minister for Treasury and Resources.

Standing Orders: Answers to Questions.  P.177/2011. Lodged: 21st October 2011.

Deputy G.P. Southern of St. Helier .

Draft Pet Travel Scheme (Jersey) Regulations 201-.  P.178/2011. Lodged: 25th October 2011.

Minister for Planning and Environment.

Draft Telecommunications (Amendment No. 2) (Jersey) Law 201-.  P.179/2011. Lodged: 26th October 2011.

Minister for Economic Development.

(Cannot be debated before 7th December 2011)

17th January 2012

Price control: investigation.  P.165/2011. Lodged: 3rd October 2011.

Deputy G.P. Southern of St. Helier .

Price control: investigation (P.165/2011) – comments.  P.165/2011. Presented: 31st October 2011.  Com. Minister for Economic Development.

Draft Employment (Minimum Wage) (Amendment No. 8) (Jersey) Regulations  P.180/2011. 201-.

Lodged: 28th October 2011.

Minister for Social Security.

Draft Criminal Justice (International Co-operation) (Amendment No. 2) (Jersey)  P.181/2011. Law 201-.

Lodged: 15th November 2011.

Minister for Home Affairs.

Draft States of Jersey Police Force Law 201-.  P.182/2011. Lodged: 16th November 2011.

Minister for Home Affairs.

M.N. DE LA HAYE Greffier of the States

21st November 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 17th November 2011, or an item which has been moved.

Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)

R&O.162/2011.

This Order amends the Community Provisions (Restrictive Measures – Syria) (Jersey) Order 2011 to give effect to Council Regulation (EU) No. 1150/2011 of 14th November 2011 amending Regulation (EU) No. 442/2011 concerning restrictive measures in view of the situation in Syria (O.J. L296, 15.11.2011, p.1) and Council Implementing Regulation (EU) No. 1151/2011 of 14th November 2011 implementing Regulation (EU) No. 442/2011 concerning restrictive measures in the view of the situation in Syria (O.J. L296, 15.11.2011, p.3). The effect of the amendments is to amend the list of persons in respect of whom restrictive measures are taken.

The Order was made on 17th November 2011 and came into force on 18th November 2011.

Note regarding the appointment process (See Item F)

President of the Chairmen's Committee

Standing Order 121(1) provides that the President of the Chairmen's Committee shall be appointed from amongst the persons who are members of the Committee.

The Presiding Officer will invite nominations for the position. Only the 6 Chairmen (the Chairman of PAC and 5 scrutiny panel chairmen) are eligible for nomination. If there is more than one nomination each candidate will speak for up to 10 minutes with a 20 minute question period. The candidates will speak and be questioned in the order in which they have been nominated. Other candidates must withdraw from the Chamber during the speeches and question period.

Following the speeches and question periods a secret ballot or ballots will be held until one candidate receives an overall majority of votes cast.

Members of the Privileges and Procedures Committee

Standing Order 122 provides  that the  Chairman of the  Privileges  and Procedures Committee shall nominate 3 elected members, who are neither Ministers nor Assistant Ministers, as members of the Committee. The Chairman, after consultation with the Chief Minister, will also nominate 2 elected members who are each a Minister or an Assistant Minister as members and he or she will also nominate one member of the Chairmen's Committee.

After the Chairman has made his or her nominations the Presiding Officer will invite alternative nominations within each of the 3 categories. Only members who meet the relevant criteria are eligible for membership in each category. If alternative nominations are made there will be a secret ballot for membership of the category concerned. In the ballot(s) members have the same number of votes as the number of places to be filled but do not have to use all their votes. The candidate(s) with the largest numbers of votes will be elected.

Elected members of the Public Accounts Committee

Standing Order 123(1) provides that the Chairman of the Public Accounts Committee shall indicate the number of elected members (being not less than 2) that he or she wishes to have as members of the Committee and should then nominate that number of elected members (who are neither Ministers nor Assistant Ministers) as candidates for appointment. Standing Order 131(b) provides that there must be an even number of members (but not less than 4) and half must be persons who are not members of the States. Only the elected members will be nominated at this meeting.

After the Chairman has made his or her nominations the Presiding Officer will invite alternative nominations. If alternative nominations are made a secret ballot will be held.

Members of the 5 scrutiny panels

Standing Order 135(2)(b) provides that each Scrutiny Panel shall consist of a number of members determined by the Chairman of the Panel, but not more than 4, who must be elected members who are not Ministers or Assistant Ministers. Standing Order 135(3) provides that an elected member of a Scrutiny Panel cannot be a member of more than 2 Scrutiny Panels and can only be Chairman of one.

After announcing the number of members that he or she wants, the Chairman of each panel (in the order shown in the Order Paper) will make his or her nominations. The Presiding Officer will invite alternative nominations and, if alternative nominations are made, a secret ballot will be held.

2 States Commissioners of the Jersey Overseas Aid Commission

Under the Constitution in Schedule 1 to the Jersey Overseas Aid Commission Law 2005, the nominations of the 5 members of the Commission are made on the recommendation of the Chairman and therefore alternative nominations cannot be made by the Assembly. 2 of the Commissioners will be elected members whilst the other 3 non-States Commissioners will be persons who are not members of the States (only the elected members are to be appointed at this meeting). Election as a States Commissioner is open to all members.

The Chairman of the Commission will make his or her 2 nominations and members will be asked to accept or reject the nominations.

2 members of the States Employment Board

The States Employment Board is chaired by the Chief Minister and consists of 2 Ministers or Assistant Ministers appointed by the Chief Minister and 2 States members who are not Ministers or Assistant Ministers appointed by the States. The Chief Minister will nominate 2 members who are not Ministers or Assistant Ministers for these 2 positions. The Presiding Officer will invite alternative nominations and, if alternative nominations are made, a secret ballot will be held.