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Consolidated Order Paper 11th September 2012

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STATES OF JERSEY ORDER PAPER

Tuesday 11th September 2012 CONSOLIDATED

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

Community Provisions (Restrictive Measures – Côte D'Ivoire) (Amendment  R&O.87/2012. No. 7) (Jersey) Order 2012.

Chief Minister.

Motor Traffic (Cabs – Fares and Charges) (Amendment No. 3) (Jersey) Order  R&O.90/2012. 2012.

Minister for Transport and Technical Services.

Road Traffic ( St. Brelade ) (Amendment No. 17) (Jersey) Order 2012.  R&O.91/2012. Minister for Transport and Technical Services.

Town Criterium (Jersey) Order 2012.  R&O.92/2012. Minister for Transport and Technical Services.

Community Provisions (Restrictive Measures – Somalia) (Amendment) (Jersey)  R&O.93/2012. Order 2012.

Chief Minister.

Road Racing (Festival of Speed) (Jersey) Order 2012.  R&O.94/2012. Minister for Transport and Technical Services.

Jersey International Air Display (Jersey) Order 2012.  R&O.95/2012. Minister for Transport and Technical Services.

Income Support (General Provisions) (Amendment No. 8) (Jersey) Order 2012.  R&O.96/2012. Minister for Social Security.

Road Traffic (Public Parking Places) (Amendment No. 7) (Jersey) Order 2012.  R&O.97/2012. Minister for Transport and Technical Services.

Endangered Species (CITES) (Designation and Appointment) (Jersey) Order 2012.  R&O.98/2012. Minister for Planning and Environment.

Endangered Species (CITES) (Fees) (Jersey) Order 2012.  R&O.99/2012. Minister for Planning and Environment.

Community  Provisions  (Restrictive  Measures –  Syria)  (Amendment  No. 6)  R&O.100/2012. (Jersey) Order 2012.

Deputy Chief Minister, for and on behalf of the Chief Minister.

Education (Discretionary Grants – Amounts) (Amendment No. 4) (Jersey) Order  R&O.101/2012. 2012.

Minister for Education, Sport and Culture.

Veterinary Surgeons (General Provisions) (Jersey) Order 2012.  R&O.102/2012. Minister for Planning and Environment.

Control of Borrowing (Amendment No. 15) (Jersey) Order 2012.  R&O.103/2012. Deputy Chief Minister for and on behalf of Minister for Economic Development.

  1. DOCUMENTS PRESENTED OR LAID

* Committee of Inquiry: resignation of the Comptroller and Auditor General  P.68/2012. (P.68/2012) – comments.  Com. Presented: 10th September 2012.

Council of Ministers.

Protection of Freedoms Act 2012: extension of provisions to Jersey by Order in  P.71/2012. Council (P.71/2012) – addendum.  Add. Presented: 6th August 2012.

Chief Minister.

States of Jersey Law 2005: delegation of functions – Planning and Environment –  R.93/2012. July 2012 revised delegations.

Presented: 23rd July 2012.

Minister for Planning and Environment.

Land Transactions under Standing Order 168(3) – St. Mary 's School House, La  R.94/2012. Rue Verte, St. Mary – lease.

Presented: 24th July 2012.

Minister for Treasury and Resources.

Environment Department: Draft Supplementary Planning Guidance – community  R.95/2012. engagement in the planning process.

Presented: 24th July 2012.

Minister for Planning and Environment.

Jersey Safety Council: Report and Financial Statements for the year ended 31st  R.96/2012. December 2011.

Presented: 24th July 2012.

Minister for Social Security.

Births, Marriages and Deaths in 2011: statement.  R.97/2012. Presented: 25th July 2012.

Minister for Home Affairs.

Property Plan and States Rental Waiting List: Update Report for 2011.  R.98/2012. Presented: 25th July 2012.

Minister for Housing.

Jersey Appointments Commission: Annual Report for 2011.  R.99/2012. Presented: 7th August 2012.

Chief Minister.

Land Transactions under Standing Order 168(3) –  R.100/2012.

  1. Residential property for a Group Care Home – Casa Mia, La Route de la Haule, St. Lawrence ;
  2. Beach House, Green Island, St. Clement – right to access through the sea-wall.

Presented: 8th August 2012.

Minister for Treasury and Resources.

Environment Department: Draft Supplementary Planning Guidance – Design  R.101/2012. Guidance for St. Helier – draft for consultation.

Presented: 9th August 2012.

Minister for Planning and Environment.

States of Jersey Complaints Board: findings – complaint against a decision of the  R.102/2012. Minister for Education, Sport and Culture.

Presented: 13th August 2012.

Privileges and Procedures Committee.

States of Jersey Law 2005: delegation of functions – Economic Development –  R.103/2012. Harbours (Inshore Safety) (Jersey) Regulations 2012.

Presented: 13th August 2012.

Minister for Economic Development.

Census 2011: Report.  R.104/2012. Presented: 13th August 2012.

Chief Minister.

Jersey Child Care Trust: appointment of Chairperson.  R.105/2012. Presented: 16th August 2012.

Minister for Education, Sport and Culture.

Jersey Tourism: A Year in Review 2011.  R.106/2012. Presented: 17th August 2012.

Minister for Economic Development.

Organisations receiving grants of over £100,000: 2010 Accounts.  R.107/2012. Presented: 30th August 2012.

Minister for Treasury and Resources.

States of Jersey Complaints Board: findings – complaint against a decision of the  R.108/2012. Minister for Education, Sport and Culture (R.102/2012) – response of the Minister.

Presented: 7th September 2012.

Privileges and Procedures Committee.

States Members' Remuneration Review Body: appointment of members.  R.109/2012. Presented: 7th September 2012.

Privileges and Procedures Committee.

Meetings of the States in 2013.  R.110/2012. Presented: 7th September 2012.

Privileges and Procedures Committee.

Housing Transformation Programme Review: Interim Report.  S.R.5/2012. Presented: 17th August 2012.

Health, Social Security and Housing Scrutiny Panel.

Tourism Development Fund (S.R.3/2012): response of the Minister for Treasury  S.R.3/2012. and Resources.  Res. Presented: 4th September 2012.

Minister for Treasury and Resources.

Introduction of Tasers in Jersey (S.R.4/2012): response of the Minister for Home  S.R.4/2012. Affairs.  Res. Presented: 23rd August 2012.

Minister for Home Affairs.

Management of Bus Contracts: Following up the investigations of the Comptroller  P.A.C.2/2012. and Auditor General.

Presented: 2nd August 2012.

Public Accounts Committee.

Compromise Agreements: Following up the investigations of the Comptroller and  P.A.C.1/2012. Auditor General (P.A.C.1/2012) – response of the States Employment Board.  Res. Presented: 6th September 2012.

States Employment Board.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Committee of Inquiry: resignation of the Comptroller and Auditor General  P.68/2012. (P.68/2012) – amendment.  Amd. Lodged: 4th September 2012.

Deputy J.A.N. Le Fondré of St. Lawrence .

Medium Term Financial Plan 2013 – 2015.  P.69/2012. Lodged: 23rd July 2012.

Council of Ministers.

Incorporation of Ports of Jersey.  P.70/2012. Lodged: 27th July 2012.

Minister for Economic Development.

Protection of Freedoms Act 2012: extension of provisions to Jersey by Order in  P.71/2012. Council.

Lodged: 31st July 2012.

Chief Minister.

Draft Price Indicators (Amendment) (Jersey) Regulations 201-.  P.72/2012. Lodged: 31st July 2012.

Minister for Economic Development.

Use of Electronic Devices in the States Chamber: trial.  P.73/2012. Lodged: 31st July 2012.

Privileges and Procedures Committee.

Draft Taxation (Miscellaneous Provisions) (Jersey) Regulations 201-.  P.74/2012. Lodged: 9th August 2012.

Chief Minister.

Jersey Appointments Commission: appointment of Chairman.  P.75/2012. Lodged: 9th August 2012.

Chief Minister.

Draft Banking Business (Amendment No. 8) (Jersey) Law 201-.  P.76/2012. Lodged: 14th August 2012.

Minister for Economic Development.

Draft Banking (Depositors Compensation Supplementary Provisions) (Jersey)  P.77/2012. Regulations 201-.

Lodged: 14th August 2012.

Minister for Economic Development.

Draft Banking Business (Depositors Compensation) (Amendment and  P.78/2012. Miscellaneous Provision) (Jersey) Regulations 201-.

Lodged: 14th August 2012.

Minister for Economic Development.

Draft Bankruptcy (Désastre) (Amendment No. 6) (Jersey) Law 201-.  P.79/2012. Lodged: 14th August 2012.

Minister for Economic Development.

Historic Abuse Redress Scheme: approval by the States Assembly.  P.80/2012. Lodged: 3rd September 2012.

Deputy M.R. Higgins of St. Helier .

* Draft Social Security (Amendment No. 20) (Jersey) Law 2012 (Appointed Day)  P.81/2012. Act 201-.

Lodged: 10th September 2012.

Minister for Social Security.

* Health and Social Services: A New Way Forward.  P.82/2012. Lodged: 11th September 2012.

Council of Ministers.

  1. WITHDRAWAL OF LODGED PROPOSITIONS

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

Scrap Metal Contract: approval by States Assembly.  P.66/2012. Lodged: 25th June 2012.

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

  1. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS Appointment of unelected members of the Public Accounts Committee (Note attached).
  2. MATTERS OF PRIVILEGE
  3. PETITIONS
  4. QUESTIONS
  1. Written Questions(attached)
  1. The Minister for Education, Sport and Culture will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding Teachers' terms and conditions of service.
  2. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the performance of Atos.
  3. The Chief Minister will table an answer to a question asked by Deputy J.A.N. Le Fondré of St. Lawrence regarding the job description for the Chief Executive.
  1. The Minister for Treasury and Resources will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding growth predictions for the economy.
  2. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the Historic Abuse Redress Scheme.
  3. H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the veto powers of the Royal family in relation to legislation.
  4. The Minister for Education, Sport and Culture will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the appointment of the Chairperson of the Jersey Child Care Trust.
  5. H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the full costs of the Low Value Consignment Relief Court case.
  6. H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding similar fact evidence.
  7. The Minister for Economic Development will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding a breakdown of Jersey Tourism's advertising costs.
  8. The Minister for Treasury and Resources will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding monies received from the sale of public land.
  9. The Minister for Economic Development will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding Low Value Consignment Relief and the fulfilment industry.
  10. The Chief Minister will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the implementation of the Freedom of Information (Jersey) Law 2011.
  11. The Minister for Home Affairs will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the release of the South Yorkshire Report into the conduct of States of Jersey Police Officers.
  12. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the use of Household Medical Accounts in the Income Support system.
  13. The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the Wilcox Report.
  1. Oral Questions (120 minutes)
  1. Deputy J.A. Martin of St. Helier will ask the following question of the Minister for Transport and Technical Services –

"Can the Minister confirm whether his Department will receive compensation for the loss of parking at Green Street and, if so, identify how long this will be for, from which revenue budget this will come and whether it relates just to the 91 spaces which will be lost or will take into consideration the loss of revenue had the car park been extended as planned?"

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

"Will the Minister explain why he has not yet made public the 62,000 word affidavit submitted to the Wiltshire investigation by the former Chief of Police and advise when it will be published?"

  1. Deputy J.H. Young of St. Brelade will ask the following question of the Minister for Social Security –

"Will the Minister advise the Assembly whether he has already initiated, or is actively considering any proposals jointly with other Ministers for undertaking suitable, labour intensive public sector infrastructure projects such as the maintenance of our coastal paths and conservation sites, in order to open up interim employment opportunities and, if not, why not?"

  1. The Connétable of St. Mary will ask the following question of the Chairman of Privileges and Procedures –

"Despite advising me in writing on 3rd August that the Committee considered that "a serious breach of the privileges of the Assembly" had occurred, will the Chairman advise why, one month on, the Committee has not even written to Members about the incident and will he confirm the Committee's stance on this matter and advise how it is championing and defending the privileges of States Members?"

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

"Further to Economic Development's provision of £75,000 worth of sponsorship to the Jersey Rugby Club before the summer recess, would the Minister confirm whether a further Tourism grant of £56,000 has been made and, if so, explain who sanctioned this and whether the grant was supported by the Jersey Sports Council?"

  1. Deputy S.S.P.A. Power of St. Brelade will ask the following question of the Minister for Treasury and Resources –

"Could the Minister clarify how the assumptions on economic growth as outlined in the Medium Term Financial Plan were calculated?"

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

"Following on from my oral question (7038) of 17th July 2012 can the Chief Minister advise what progress, if any, has been made to review and update the Royal Court (Jersey) Law 1948 to ensure that in future all those being elected as Jurats are of sound character and judgement and to ensure that any Jurat subsequently found to have demonstrated seriously flawed judgement or behaviour can be removed?"

  1. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Education, Sport and Culture –

"Given the increasing importance of German tourists to our economy, what plans, if any, does the Minister have to ensure that German continues to be taught in the Island's schools?"

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

"Will the Minister describe for members the extent to which the Medium Term Financial Plan is dependent on his predictions for economic growth over the period concerned, and what plans, if any, he has in place should these growth figures not be achieved?"

  1. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Transport and Technical Services –

"Will the Minister advise how much it costs to move the seaweed on St Aubin's Bay and other beaches and clarify what purposes it serves to move it to the low water line only for the sea to move it back up the beach?"

  1. Deputy T.M.  Pitman  of St. Helier will ask the  following question of the Chairman  of the Electoral Commission –

"Given the financial cost of promoting genuine public engagement via submissions on the future reform of the States and in light of the concerns I have expressed to the Commission regarding bogus submissions using false identities, can the Chairman advise how many of the submissions made to the Electoral Commission were actually via e-mail with no address to confirm authenticity?"

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

"Following the decision by the Minister for Economic Development to sponsor the Jersey Rugby Club when other sporting clubs have seen their grants from the Jersey Sports Council reduced, will the Minister undertake to review the various quangos that spend taxpayers money and especially the use of sponsorship' to circumvent Treasury directives to reduce public spending?"

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

"Will the Minister describe for members his vision for the public sector and state how the involvement of Atos will contribute to the achievement of his vision?"

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

"Will the Minister inform the Assembly of the alternative uses for redundant historic buildings, particularly redundant churches, which he prefers and encourages when applying the Historic Buildings policies of the Island Plan 2011 and advise whether he considers these policies to be sufficiently flexible to ensure viable use of such buildings and, if not, whether he will be making appropriate amendments?"

  1. The Connétable of St. Mary will ask the following question of the Minister for Planning and Environment –

"Is the Minister aware of areas of public land where injurious weeds, and specifically ragwort, are endemic and, if so, is he satisfied that there are sufficient resources available to ensure that these are dealt with in accordance with the Weeds (Jersey) Law 1961?"

  1. Deputy S.S.P.A. Power of St. Brelade will ask the following question of the Minister for Treasury and Resources –

"Does the Minister consider that growth in the affordable housing and social housing sectors of the economy are of vital importance to stimulate the economy, as stated by the UK Government this week?"

  1. – Questions to Ministers without notice (30 minutes) –

1st question period – Minister for Economic Development 2nd question period – Chief Minister

  1. PERSONAL STATEMENTS
  2. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
  3. PUBLIC BUSINESS

Draft Residential Tenancy (Amendment) (Jersey) Law 201-.  P.67/2012. Lodged: 13th July 2012.

Minister for Housing.

Committee of Inquiry: resignation of the Comptroller and Auditor General.  P.68/2012. Lodged: 17th July 2012.

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

* Committee of Inquiry: resignation of the Comptroller and Auditor General  P.68/2012. (P.68/2012) – comments.  Com. Presented: 10th September 2012.

Council of Ministers.

Committee of Inquiry: resignation of the Comptroller and Auditor General  P.68/2012. (P.68/2012) – amendment.  Amd. Lodged: 4th September 2012.

Deputy J.A.N. Le Fondré of St. Lawrence .

Incorporation of Ports of Jersey.  P.70/2012. Lodged: 27th July 2012.

Minister for Economic Development.

Protection of Freedoms Act 2012: extension of provisions to Jersey by Order in  P.71/2012. Council.

Lodged: 31st July 2012.

Chief Minister.

Protection of Freedoms Act 2012: extension of provisions to Jersey by Order in  P.71/2012. Council (P.71/2012) – addendum.  Add. Presented: 6th August 2012.

Chief Minister.

Draft Price Indicators (Amendment) (Jersey) Regulations 201-.  P.72/2012. Lodged: 31st July 2012.

Minister for Economic Development.

Use of Electronic Devices in the States Chamber: trial.  P.73/2012. Lodged: 31st July 2012.

Privileges and Procedures Committee.

Jersey Appointments Commission: appointment of Chairman.  P.75/2012. Lodged: 9th August 2012.

Chief Minister.

  1. ARRANGEMENT OF PUBLIC BUSINESS 25th September 2012

Draft Taxation (Miscellaneous Provisions) (Jersey) Regulations 201-.  P.74/2012. Lodged: 9th August 2012.

Chief Minister.

Draft Banking Business (Depositors Compensation) (Amendment and  P.78/2012. Miscellaneous Provision) (Jersey) Regulations 201-.

Lodged: 14th August 2012.

Minister for Economic Development.

Draft Banking (Depositors Compensation Supplementary Provisions) (Jersey)  P.77/2012. Regulations 201-.

Lodged: 14th August 2012.

Minister for Economic Development.

Draft Banking Business (Amendment No. 8) (Jersey) Law 201-.  P.76/2012. Lodged: 14th August 2012.

Minister for Economic Development.

Draft Bankruptcy (Désastre) (Amendment No. 6) (Jersey) Law 201-.  P.79/2012. Lodged: 14th August 2012.

Minister for Economic Development.

9th October 2012

Historic Abuse Redress Scheme: approval by the States Assembly.  P.80/2012. Lodged: 3rd September 2012.

Deputy M.R. Higgins of St. Helier .

* Draft Social Security (Amendment No. 20) (Jersey) Law 2012 (Appointed Day)  P.81/2012. Act 201-.

Lodged: 10th September 2012.

Minister for Social Security.

23rd October 2012

* Health and Social Services: A New Way Forward.  P.82/2012. Lodged: 11th September 2012.

Council of Ministers.

6th November 2012

Medium Term Financial Plan 2013 – 2015.  P.69/2012. Lodged: 23rd July 2012.

Council of Ministers.

M.N. DE LA HAYE Greffier of the States

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

(See item F)

In accordance with Standing Order 124(1) the Chairman of the Public Accounts Committee has given notice of her nominations for the position of unelected members of the PAC. The Chairman has given notice that she will nominate the following 2 persons at this meeting –

Mr. John F. Mills C.B.E. Mr. Ian Ridgway

(short biographies for these nominees are attached)

In accordance with Standing Order 124(2) any alternative nominations for membership of the PAC must be received by the Greffier of the States no later than 2 clear working days before 11th September 2012, namely no later than Thursday 6th September 2012. No alternative nominations were received.

BIOGRAPHIES

Mr John F. Mills CBE

Mr Mills has spent his career within the Civil Services of the United Kingdom, Hong Kong and Jersey, being the Chief Executive for Policy and Resources Committee between 1999 and 2003. He moved on from Jersey, becoming the Director of Rural Policy for the Department for the Environment, Food and Rural Affairs until 2007.

His current remunerated roles are:

2008 -   Non-executive director, Port of London Authority (Vice-chairman of the Board

since 2009)

2009 -  Commissioner, Commission for Rural Communities.

2009 -   Commissioner, Jersey Financial Services Commission.

2010 -   Member, Shadow Board for Harbours and Airport, Jersey.

His current voluntary roles are:

1999 -   Chairman of the Governing Body, Highgate School, London N6

2008 -  Member, States Members Remuneration Review Body, Jersey

2009 -  Income Tax Commissioner of Appeal, Jersey.

2010 -   Member (Employers Representative), Committee of Management, Public Employees'

Contributory Retirement Scheme, Jersey.

2011 -  Trustee, Jersey Opera House Trust. Mr Ian Ridgway

Mr Ridgway is  a  Chartered  Accountant currently the  Group Finance Director of Newtel Holdings Limited having previously been the Finance Director for Jersey Post International Limited.