States Assembly | Consolidated Order Paper 11th December 2012

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STATES OF JERSEY ORDER PAPER

Tuesday 11th December 2012 CONSOLIDATED

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

* Tourism (General Provisions) (Amendment No. 17) (Jersey) Order 2012. R&O.144/2012. Minister for Economic Development.

DOCUMENTS PRESENTED OR LAID

* Plémont Holiday Village – acquisition by the public and sale to the National Trust P.90/2012. for Jersey (P.90/2012) – comments. Com. Presented: 10th December 2012. (re-issue) Minister for Treasury and Resources.

* Connétable s and other parish officials: explanatory document and new legislation P.119/2012. (P.119/2012) – comments. Com. Presented: 11th December 2012.

Comité des Connétable s.

NOTIFICATION OF LODGED PROPOSITIONS

* Plémont Holiday Village – acquisition by the public and sale to the National Trust P.90/2012. for Jersey (P.90/2012) – second amendment (P.90/2012 Amd.(2)) – amendment. Amd.(2) Lodged: 11th December 2012. Amd. Deputy J.M. Maçon of St. Saviour .

WITHDRAWAL OF LODGED PROPOSITIONS
APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
MATTERS OF PRIVILEGE
PETITIONS
QUESTIONS

– Written Questions(attached)

The question submitted by Deputy M.R. Higgins of St. Helier and shown as number 10 on the

* principal Order Paper has been deferred at the request of the Minister until 15th January 2013.

The Minister for Economic Development will table an answer to a question asked by the Connétable of St. John regarding Hangar8 and projected receipts to the Treasury and the Parish of St. Peter .

The Minister for Economic Development will table an answer to a question asked by the Connétable of St. John regarding the estimated costs of the demolition of Freight sheds.
The Chairman of the Environment Scrutiny Panel will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the progress of Scrutiny reviews undertaken in 2012.
The Chief Minister will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding changes to the tax structure.
The Minister for Health and Social Services will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding waiting lists for consultants.
The Minister for Home Affairs will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding police complaints.
The Minister for Health and Social Services will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding staffing levels.
The Minister for Planning and Environment will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding redevelopments in town.
The Minister for Planning and Environment will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding consistency in planning applications.
The Minister for Health and Social Services will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding waiting times for elective surgery.
The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding demand for social rented accommodation.
The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding Income Support enquiries at the Citizen's Advice Bureau.
The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding Foreign Account Tax Compliance Act agreements.
H.M. Attorney General will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding the legal obligations of Jersey courts.
H.M. Attorney General will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding the Trust' status of the States of Jersey.
H.M. Attorney General will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding the ownership of public property.

The following question was deferred from 4th December 2012 at the request of the Chief Minister and is therefore shown in addition to Deputy M.R. Higgins of St. Helier 's five written questions for this meeting.

The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the impact of the Comprehensive Spending Review on staffing levels.

– Oral Questions (120 minutes)

The following question was deferred from 4th December 2012 at the request of the Minister for Health and Social Services and is therefore shown in addition to the Connétable of St. John 's two oral questions for this meeting.

The Connétable of St. John will ask the following question of the Minister for Health and Social Services –

"Would the Minister advise what construction works were being undertaken at the General Hospital in or around the Emergency Assessment unit during the nights of 9th to 11th November 2012, what required such urgent works, by whom were they authorised and what action, if any, has been taken to discipline this person given that patients were kept awake all night by the noise?"

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

"Will the Minister inform members how the sums involved in the 1% non-consolidated pay award recently imposed on public sector employees have been calculated and whether any additional terms and conditions have also been imposed?"

Deputy J.H. Young of St. Brelade will ask the following question of the Minister for Planning and Environment –

"Will the Minister advise the Assembly of the current status of the approved Masterplan for the development of the St. Helier Waterfront and whether he has any plans to review it as a result of changed circumstances since the plan was adopted?"

Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Home Affairs –

"Will the Minister advise members whether any witness statements made by victims of child abuse that were made to, and in the custody of, the States of Jersey Police were subsequently lost and, if so, have these statements now been recovered; if not, what are the implications for victims making claims for compensation under the Historic Abuse Redress Scheme?"

Deputy G.C.L. Baudains of St. Clement will ask the following question of the Chief Minister –

"Would the Chief Minister update members on the progress of the proposed departmental restructuring and of the present membership of the working party responsible for this?"

The Connétable of St. John will ask the following question of the Chief Minister –

"Who authorised the advertisement placed in the Jersey Evening Post on 5th December 2012 concerning a public meeting to discuss Plémont and why was authority given for taxpayer's money to be spent in this way?"

Deputy T.M. Pitman of St. Helier will ask the following question of the Chief Minister –

"In view of concerns raised by a number of States Members and stakeholders, will the Chief Minister ensure that the issues of both the police hand-over of investigations and the actions of those in political power will be fully covered in the Historic Child Abuse inquiry terms of reference?"

Deputy J.M. Maçon of St. Saviour will ask the following question of the Chief Minister –

"Has the Chief Minister considered the Leveson Report and, if so, will he be bringing forward any proposals to better safeguard members of the public and, if not, why not?"

The Deputy of Grouville will ask the following question of the Chairman of the Comité des Connétable s –

"Given that in June 2011, the States adopted P.60/2011 requesting the Connétable s to investigate the possibility of compiling a booklet by January 2012 to publicise to their parishioners the workings of parish assemblies and to investigate publishing a standardised set of recommended procedures for use at these assemblies, can the Chairman advise members whether this has been done and, if not, why not?"

The Connétable of St. Mary will ask the following question of the Minister for Treasury and Resources –

"Under what circumstances could publicly owned assets be disposed of in order to fund the cost of any project not contained within the Medium Term Financial Plan?"

Deputy M. Tadier of St. Brelade will ask the following question of the Chairman of the Electoral Commission –

"Would the Chairman explain why the Commission put forward a second option in its interim report involving the retention of the Connétable s, when this is in direct contradiction to its own principles, notably that constituencies should as far as possible be of broadly equal size and that a candidate should generally require a significant number of votes in order to be elected to the Assembly?"

Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the Minister for Health and Social Services –

"Is the post of Head of Policy, Ministerial Support and Engagement intended to act as an intermediary between the Ministerial Team and senior officers and, if so, why is this deemed necessary?"

Deputy M.R. Higgins of St. Helier will ask the following question of H.M. Attorney General –

"Is the Attorney General aware of any cases of alleged criminal offences committed by serving officers in the States of Jersey Police and, if so, what action if any, will he be taking to prosecute such officers to maintain or/restore public confidence in the police and to show that no one is above the Law?"

The Connétable of St John will ask the following question of the Minister for Treasury and Resources –

"In light of recent moves to clampdown on Jersey's tax system, what efforts are being taken to ensure that Jersey and the other Crown Dependencies can work with London to secure financial services growth for London and the UK' as acknowledged by the UK Chancellor during his recent meeting with the Minister?"

Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Home Affairs –

"Was the Hampshire Police investigation into the circumstances leading to the arrest of Curtis Warr en and others due to be completed in December this year, and, if so, will the Minister inform Members whether the investigation has been completed and, if so, will he make the outcome known?"

Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Treasury and Resources –

"Will the Minister advise members how much of the sums held in Jersey accounts is held by EU subjects and liable to European Union Savings Tax Directives (EUSTD), how much is held by UK residents, how much is exempt from EUSTD and how much is held by US citizens and would be subject to any US Foreign Account Tax Compliance Act agreement when signed?"

Deputy J.H. Young of St. Brelade will ask the following question of the Minister for Planning and Environment –

"As the Minister now has a Planning application pending for the proposed new Police Headquarters at Green Street, does this prevent the Minister from producing a Masterplan to guide the future development of the Eastern Gateway Area of St Helier as required by the Island Plan, and if not, will he inform the assembly whether he intends to do so before he determines the application?"

Deputy G.C.L. Baudains of St. Clement will ask the following question of the Minister for Social Security –

"Would the Minister advise what steps, if any, he is taking to ensure efficiency and reduce overpayments within the Income Support scheme?"

Deputy J.M. Macon of St. Saviour will ask the following question of the Chief Minister –

"Why do the Chairman of the Comité des Connétable s and the Assistant Chief Ministers regularly attend Council of Ministers meetings and does the Chief Minister consider that other groups/interests should be routinely present and, if not, why not?"

Deputy T.M. Pitman of St. Helier will ask the following question of the Chief Minister –

"As the cost of any purchase by compulsory purchase is determined by a Board of Arbitrators and the Assembly therefore has no control over the purchase price and any associated legal costs, how does the Chief Minister justify the proposal to purchase the Plémont site by compulsory purchase in the present economic climate?"

– Questions to Ministers without notice (30 minutes) –

1st question period – Minister for Housing

2nd question period – Planning and Environment

PERSONAL STATEMENTS
STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY

PUBLIC BUSINESS

Draft Intellectual Property (Unregistered Rights) (Application, Transitional P.112/2012. Provisions and Savings) (Jersey) Regulations 201-.

Lodged: 30th October 2012.

Minister for Economic Development.

Draft Intellectual Property (Unregistered Rights) (Application, Transitional P.112/2012. Provisions and Savings) (Jersey) Regulations 201- (P.112/2012): comments. Com. Presented: 4th December 2012.

Economic Affairs Scrutiny Panel.

Draft Intellectual Property (Unregistered Rights) (Jersey) Law 2011 (Appointed P.111/2012. Day) Act 201-.

Lodged: 30th October 2012.

Minister for Economic Development.

Plémont Holiday Village – acquisition by the public and sale to the National Trust P.90/2012. for Jersey.

Lodged: 27th September 2012.

Chief Minister.

Plémont Holiday Village – acquisition by the public and sale to the National Trust P.90/2012. for Jersey (P.90/2012) – amendment Amd. Lodged: 10th October 2012.

Deputy G.C.L. Baudains of St. Clement .

Plémont Holiday Village – acquisition by the public and sale to the National Trust P.90/2012. for Jersey (P.90/2012) – second amendment. Amd.(2) Lodged: 27th November 2012. (re-issue) Deputy G.P. Southern of St. Helier .

Draft Fire Precautions (Amendment No. 2) (Jersey) Law 2012 (Appointed Day) Act P.114/2012. 201-.

Lodged: 30th October 2012.

Minister for Home Affairs.

Draft Fire Precautions (Designated Premises) (Jersey) Regulations 201-. P.115/2012. Lodged: 30th October 2012.

Minister for Home Affairs.

Draft Repatriation of Prisoners (Jersey) Law 2012 (Appointed Day) Act 201-. P.121/2012. Lodged: 13th November 2012.

Minister for Home Affairs.

Draft Health Insurance (Amendment No. 14) (Jersey) Law 2012 (Appointed Day) P.122/2012. Act 201-.

Lodged: 13th November 2012.

Minister for Social Security.

ARRANGEMENT OF PUBLIC BUSINESS 15th January 2013

Jersey Appointments Commission: appointment of Commissioner. P.108/2012. Lodged: 23rd October 2012.

Chief Minister.

Tourism Shadow Board: establishment. P.113/2012. Lodged: 30th October 2012.

Minister for Economic Development.

Committee of Inquiry: Historical Child Abuse. P.118/2012. Lodged: 6th November 2012.

Council of Ministers.

Connétable s and other parish officials: explanatory document and new legislation. P.119/2012. Lodged: 6th November 2012.

Deputy M.R. Higgins of St. Helier .

* Connétable s and other parish officials: explanatory document and new legislation P.119/2012. (P.119/2012) – comments. Com. Presented: 11th December 2012.

Comité des Connétable s.

Minister for Justice and Department of Justice: report. P.120/2012. Lodged: 13th November 2012.

Senator L.J. Farnham .

Greville Bathe Fund: appointment of Jurat. P.123/2012. Lodged: 16th November 2012.

Minister for Treasury and Resources.

Jersey Innovation Fund: establishment, funding and operation. P.124/2012. Lodged: 20th November 2012.

Minister for Treasury and Resources.

Draft Community Provisions (Goods Infringing Intellectual Property Rights) P.125/2012. (Jersey) Regulations 201-.

Lodged: 27th November 2012.

Minister for Home Affairs.

Draft Public Employees (Contributory Retirement Scheme) (States of Jersey Prison P.126/2012. Service – Amendments) (Jersey) Regulations 201-.

Lodged: 29th November 2012.

States Employment Board.

States Members' remuneration: proposed increase for 2013. P.127/2012. Lodged: 3rd December 2012.

Connétable of St. Saviour .

Draft Civil Partnership (Consequential Amendments) (No. 2) (Jersey) Regulations P.128/2012. 201-.

Lodged: 4th December 2012.

Chief Minister.

Ratification of the Agreement for the Avoidance of Double Taxation and the P.129/2012. Prevention of Fiscal Evasion with Respect to Taxes on Income between the

Government of Jersey and the Government of the Republic of Singapore.

Lodged: 4th December 2012.

Chief Minister.

Draft Taxation (Double Taxation) (Amendment) (Jersey) Regulations 201-. P.130/2012. Lodged: 4th December 2012.

Chief Minister.

Starter Home Deposit Loan Scheme. P.131/2012. Lodged: 4th December 2012.

Minister for Treasury and Resources.

Draft Limited Liability Partnerships (Amendment of Law) (Jersey) Regulations P.132/2012. 201-.

Lodged: 4th December 2012.

Minister for Economic Development.

Draft Income Tax (Amendment No. 42) (Jersey) Law 201-. P.133/2012. Lodged: 4th December 2012.

Minister for Treasury and Resources.

29th January 2013 19th February 2013

Police Station Relocation: review of decision (as amended). P.92/2012. Lodged: 2nd October 2012.

Deputy J.A. Martin of St. Helier .

Police Station Relocation: review of decision (P.92/2012) – comments. P.92/2012. Presented: 19th November 2012. Com. Council of Ministers.

Police Station Relocation: review of decision (P.92/2012) – comments. P.92/2012. Presented: 20th November 2012. Com.(2) Minister for Planning and Environment.

M.N. DE LA HAYE Greffier of the States

10th December 2012 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 6th December 2012, or an item which has been moved.

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

R&O.144/2012.

This Order amends the Tourism (General Provisions) (Jersey) Order 1990 so as to remove the requirement that prevents any part of a youth hostel from being licensed for the sale and consumption of alcohol.

The Order was made on 6th December 2012 and comes into force on 13th December 2012.