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States Order Paper 17th January 2012

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STATES OF JERSEY ORDER PAPER

Tuesday 17th January 2012

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

Community Provisions (Restrictive Measures – Sudan and South Sudan) (Jersey)  R&O.164/2011. Order 2011.

Chief Minister.

Community Provisions (Restrictive Measures – Syria) (Amendment No. 9)  R&O.166/2011. (Jersey) Order 2011.

Chief Minister.

Community Provisions (Restrictive Measures – Iran) (Amendment No. 2) (Jersey)  R&O.167/2011. Order 2011.

Chief Minister.

Road Traffic ( St. Helier ) (Amendment No. 23) (Jersey) Order 2011.  R&O.168/2011. Minister for Transport and Technical Services.

Road Traffic (Disabled Persons) (Parking) (Amendment No. 8) (Jersey) Order  R&O.169/2011. 2011.

Minister for Transport and Technical Services.

Diseases of Animals (Rabies) (Importation of Mammals) (Jersey) Order 2011.  R&O.170/2011. Minister for Planning and Environment.

Diseases of Animals (Non-Rabies) (Importation of Mammals) (Jersey) Order  R&O.171/2011. 2011.

Minister for Planning and Environment.

Public Finances (Transitional Arrangements) (Jersey) Order 2011.  R&O.172/2011. Minister for Treasury and Resources.

Community Provisions (Restrictive Measures – Belarus) (Amendment No. 4)  R&O.173/2011. (Jersey) Order 2011.

Chief Minister.

Fire Precautions (Fees) (Amendment) (Jersey) Order 2011.  R&O.174/2011. Minister for Home Affairs.

Social Security (Collection of Contributions) (Amendment No. 3) (Jersey) Order  R&O.175/2011. 2011.

Minister for Social Security.

Social Security (Contributions) (Amendment No. 10) (Jersey) Order 2011.  R&O.176/2011. Minister for Social Security.

Health and Social Services (2012 Fees) (Jersey) Order 2011.  R&O.177/2011. Minister for Health and Social Services.

Planning and Environment (2012 Fees) (Jersey) Order 2012.  R&O.1/2012. Minister for Planning and Environment.

Community Provisions (Restrictive Measures – Burma/Myanmar) (Amendment  R&O.2/2012. No. 7) (Jersey) Order 2012.

Chief Minister.

Community Provisions (Restrictive Measures – Libya) (Amendment No. 12)  R&O.3/2012. (Jersey) Order 2012.

Chief Minister.

Community Provisions (Restrictive Measures – North Korea) (Amendment No. 5)  R&O.4/2012. (Jersey) Order 2012.

Chief Minister.

  1. DOCUMENTS PRESENTED OR LAID

Election campaign period: restrictions (P.174/2011) – comments.  P.174/2011. Presented: 6th January 2012.  Com. Privileges and Procedures Committee.

Standing Orders: Answers to Questions (P.177/2011) – comments.  P.177/2011. Presented: 6th January 2012.  Com. Privileges and Procedures Committee.

Minimum Wage: revised hourly rate from 1st April 2012 (P.183/2011) –  P.183/2011. comments.  Com. Presented: 13th January 2012.

Council of Ministers.

Minimum Wage: revised hourly rate from 1st April 2012 (P.183/2011) –  P.183/2011. comments.  Com.(2) Presented: 13th January 2012.

Minister for Social Security.

Health Insurance Fund: transfer to Health and Social Services Department for  P.185/2011. 2012 (P.185/2011) – comments.  Com. Presented: 13th January 2012.

Council of Ministers.

Machinery of Government: review by Privileges and Procedures Committee  P.187/2011. (P.187/2011) – comments.  Com. Presented: 6th January 2012.

Privileges and Procedures Committee.

Open ballot for Ministers and Chairmen (P.188/2011): comments.  P.188/2011. Presented: 6th January 2012.  Com. Privileges and Procedures Committee.

Code of Conduct for the Minister for Planning and Environment in the  R.148/2011. determination of planning applications and pre-application advice.

Presented: 12th December 2011.

Minister for Planning and Environment.

States of Jersey Law 2005: delegation of functions – Home Affairs – December  R.149/2011. 2011 revised delegations.

Presented: 12th December 2011.

Minister for Home Affairs.

Land Transactions under Standing Order 168(3) –  R.150/2011.

  1. Plémont Café, Plémont Headland, St. Ouen – approval of lease;
  2. Blocks A, B and C, Les Quennevais Park, St. Brelade – transfer to flying

freehold – boundary arrangement with 191 Les Quennevais Park;

  1. Garage 140, Les Quennevais Park, St. Brelade – conclusion of sale.

Presented: 12th December 2011.

Minister for Treasury and Resources.

Budget Management Report for the period ended 30th June 2011.  R.151/2011. Presented: 14th December 2011.

Minister for Treasury and Resources.

Residential Tenancies: Condition Reports, Standard Tenancy Agreements,  R.152/2011. Standard Forms of Notice and Obligatory Tenancy Provisions – Consultation

Paper.

Presented: 15th December 2011.

Minister for Housing.

Guidance on access by States Members to official information.  R.153/2011. Presented: 23rd December 2011.

Privileges and Procedures Committee.

Charitable Funds Managed by the States: report of the Comptroller and Auditor  R.154/2011. General.

Presented: 23rd December 2011.

Comptroller and Auditor General.

Charitable Funds Managed by the States: accounts of the larger charitable funds  R.155/2011. for the year ended 31 December 2010.

Presented: 23rd December 2011.

Comptroller and Auditor General.

States of Jersey – Charitable Funds: accounts of the larger funds for the year ended  R.156/2011. 31 December 2010.

Presented: 23rd December 2011.

Comptroller and Auditor General.

Asset disposals by the States of Jersey during 2010: report by the Comptroller and  R.157/2011. Auditor General.

Presented: 28th December 2011.

Comptroller and Auditor General.

Annual performance report of the States of Jersey: report of the Comptroller and  R.158/2011. Auditor General.

Presented: 28th December 2011.

Comptroller and Auditor General.

Annual performance report of the States of Jersey for the year ended 31 December  R.159/2011. 2010.

Presented: 28th December 2011.

Comptroller and Auditor General.

Land Transactions under Standing Order 168(3) –  R.160/2011.

  1. Oxford Road (Part), St. Helier – proposed extinguishment and transfer to the

public as part of the Millennium Town Park;

  1. Ambulance Station, Rouge Bouillon, St. Helier – confirmation of rights.

Presented: 28th December 2011.

Minister for Treasury and Resources.

State of Jersey Report 2005 – 2010.  R.1/2012. Presented: 9th January 2012.

Minister for Planning and Environment.

States of Jersey Law 2005: delegation of functions – Chief Minister – non- R.2/2012. contentious budget transfers – Director of International Affairs.

Presented: 10th January 2012.

Chief Minister.

Land Transactions under Standing Order 168(3) – Garage H5, Quennevais Park,  R.3/2012. St. Brelade – proposed sale.

Presented: 11th January 2012.

Minister for Treasury and Resources.

Parish Assemblies: Information Pack.  R.4/2012. Presented: 13th January 2012.

Comité des Connétable s.

Review of Speed Limits: Revised Policy (S.R.4/2011) – response of the Minister  S.R.4/2011. for Transport and Technical Services.  Res. Presented: 12th December 2011.

Minister for Transport and Technical Services.

Lime Grove House: Failure to Complete Transaction (S.R.12/2011) – response of  S.R.12/2011. the Minister for Treasury and Resources.  Res. Presented: 13th December 2011.

Minister for Treasury and Resources.

Comprehensive Spending Review 2 (S.R.13/2011) – response of the Minister for  S.R.13/2011. Health and Social Services.  Res. Presented: 13th December 2011.

Minister for Health and Social Services.

Comprehensive Spending Review: 2012 – 2013 and Delivery (S.R.14/2011) –  S.R.14/2011. joint response of the Chief Minister and the Minister for Treasury and Resources.  Res. Presented: 22nd December 2011.

Chief Minister.

Protecting our Marine Environment (S.R.15/2011) – response of the Minister for  S.R.15/2011. Planning and Environment.  Res. Presented: 10th January 2012.

Minister for Planning and Environment.

Issues surrounding the review of financial management of Operation Rectangle  S.R.16/2011. (S.R.16/2011) – response of the Minister for Home Affairs.  Res. Presented: 6th January 2012.

Minister for Home Affairs.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Planning Applications Panel: appointment of Members.  P.189/2011. Lodged: 16th December 2011.

Minister for Planning and Environment.

Jersey Employment Tribunal: appointment of Members.  P.190/2011. Lodged: 19th December 2011.

Minister for Social Security.

Jersey Police Complaints Authority: appointment of Member.  P.191/2011. Lodged: 19th December 2011.

Minister for Home Affairs.

Draft Policing of Beaches (Amendment No. 10) (Jersey) Regulations 201-.  P.192/2011. Lodged: 20th December 2011.

Minister for Economic Development.

Jersey Financial Services Commission: re-appointment of Commissioner.  P.193/2011. Lodged: 20th December 2011.

Minister for Economic Development.

Jersey Overseas Aid Commission: re-appointment of Non-States Commissioner.  P.194/2011. Lodged: 20th December 2011.

Senator P.F. Routier, M.B.E.

Jersey Consumer Council: appointment of Chairman.  P.195/2011. Lodged: 23rd December 2011.

Minister for Economic Development.

Draft States of Jersey (Transfer of Functions No. 5) (Economic Development to  P.196/2011. Chief Minister) (Jersey) Regulations 201-.

Lodged: 23rd December 2011.

Chief Minister.

Draft Civil Aviation (Amendment of Law) (Jersey) Regulations 201-.  P.197/2011. Lodged: 23rd December 2011.

Chief Minister.

Draft Social Security (Amendment of Law No. 2) (Jersey) Regulations 201-.  P.1/2012. Lodged: 4th January 2012.

Minister for Social Security.

Committee of Inquiry: payments on premature cessation of employment contracts.  P.2/2012. Lodged: 11th January 2012.

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

Manual Workers Joint Council: Employers Side membership.  P.3/2012. Lodged: 12th January 2012.

States Employment Board.

Draft Amendment (No. 18) of the Standing Orders of the States of Jersey.  P.4/2012. Lodged: 13th January 2012.

Privileges and Procedures Committee.

Electoral Commission: composition and terms of reference.  P.5/2012. Lodged: 13th January 2012.

Privileges and Procedures Committee.

  1. WITHDRAWAL OF LODGED PROPOSITIONS
  2. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS Appointment of unelected members of the Public Accounts Committee (Note attached).
  3. MATTERS OF PRIVILEGE
  4. PETITIONS
  5. QUESTIONS
  1. – Written Questions(attached)
  1. The Minister for Planning and Environment will table an answer to a question asked by Deputy R.J. Rondel of St. Helier regarding waiting times for planning applications.
  2. The Minister for Home Affairs will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the reintroduction of police motorcycles.
  3. The Minister for Planning and Environment will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding enforcement notices.
  4. The Minister for Planning and Environment will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding outstanding applications from 2005 to 2010.
  5. The Minister for Planning and Environment will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the Human Rights compatibility of Planning legislation and procedures.
  6. The Minister for Planning and Environment will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding Buildings of Local Interest designations.
  7. The Minister for Planning and Environment will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding parking provisions for St. Helier planning applications.
  8. The Chairman of the Public Accounts Committee will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding a review of golden handshakes.
  9. The Minister for Home Affairs will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding the cost of disciplinary investigations.
  10. The Minister for Home Affairs will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding the Board of Governors at Haut de la Garenne.
  11. The Minister for Home Affairs will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding an investigation of the handling of the Curtis Warr en case.
  12. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding public sector pay negotiations.
  13. The Minister for Treasury and Resources will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the protection of local businesses.
  1. The Minister for Economic Development will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding licences issued in accordance with the Regulations and Undertakings and Development (Jersey) Law 1973, as amended.
  2. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding unemployment.
  3. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding raising the Social Security contributions ceiling.
  4. The Minister for Health and Social Services will table an answer to a question asked by Deputy
    1. Tadier of St. Brelade regarding special needs and mental health care.
  5. The Minister for Social Security will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding Discrimination legislation.
  6. The Minister for Economic Development will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding Jersey Milk.
  7. The Minister for Health and Social Services will table an answer to a question asked by Deputy
    1. Tadier of St. Brelade regarding a review of Maison du Lac.
  8. The Chairman of the Health, Social Security and Housing Scrutiny Panel will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding a review of Maison du Lac.
  1. – Oral Questions (120 minutes)
  1. Deputy J.H. Young of St. Brelade will ask the following question of the Minister for Planning and Environment –

"Would the Minister confirm whether his predecessors decision to refuse Planning consent for the redevelopment of the former Zanzibar restaurant in St Brelade was recently quoshed by a Royal Court Appeal on the grounds of procedural irregularities and, if so, what actions will he be taking to prevent such irregularities in the future?"

  1. Deputy R.J. Rondel of St. Helier will ask the following question of the Chairman of the Comité des Connétable s –

"Would the Chairman advise the Assembly whether there have been any fines imposed for dog fouling offences over the past 3 years under the Policing of Roads (Jersey) Regulations 1959, as amended and, if so, what fines were levied and, if not, what action, if any, does the Comité propose to take to address dog owners who fail to pick up their dogs mess, particularly around the town area?"

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

"What justification does the Chief Minister have for withdrawing his support for a fully independent Election Commission, and proposing instead that his Assistant Minister chair the Commission, especially given that this was a factor in garnering the support of several Members in his election for Chief Minister, and will he now be offering his resignation as a consequence of going back on this commitment?"

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

"Will the Minister advise if there are any plans to close down, reduce or replace the service

provided by St Brelade's Youth Club, which operates out of Communicare?"

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

"Will the Minister advise whether there have been long standing problems within his Department concerning the loss of documents, data being mislaid and conflicting information given out to the public from different members of staff and, if so, what measures will he be implementing to resolve this situation?"

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

"Will the Chief Minister agree to prioritise the creation of a more equal society as one of the objectives for his new Strategic Plan and inform members what specific measures, if any, he would choose to achieve this aim, and, if not, why not?"

  1. Deputy G.C.L. Baudains of St. Clement will ask the following question of the Chairman of the Privileges and Procedures Committee –

"Would the Chairman inform members whether his Committee has any plans to extend the ban on the use of mobile telephones in the Chamber to include all devices, such as Blackberries and so on and, if not, why not?"

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

"Given the current economic situation, will the Chief Minister undertake to make the necessary representations to request that the Draft Control of Housing and Work (Jersey) Law 201-, is sanctioned quickly by the Privy Council and what action, if any, is he able to take to try and reduce the time taken by the Privy Council to approve, not only this Law, but others in the future?"

  1. Deputy R.J. Rondel of St. Helier will ask the following question of the Minister for Health and Social Services –

"Would the Minister advise the Assembly the number of people affected with PIP breast implants in Jersey, how many of these implants were carried out for cosmetic reasons as opposed to medical reasons and whether there will be any costs met by the taxpayer if replacement surgery is carried out by private practitioners?"

  1. Deputy G.C.L. Baudains of St. Clement will ask the following question of the Minister for Treasury and Resources –

"As the States shareholder representative for Jersey Post, would the Minister inform members whether there is an imbalance caused by the volume of outgoing mail from Jersey exceeding that of incoming and, if so, what sum, if any, is presently paid to Royal Mail to compensate for this?"

  1. Deputy G.P. Southern to St. Helier will ask the following question of the Minister for Social Security –

"Will the Minister inform members when he expects to have his review of Income Support completed and in particular can he state whether he has yet decided on a format for the publication of a breakdown of the £90million Income Support budget in order to bring a measure of transparency and accountability to this large expenditure?"

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

"What action, if any will the Minister be taking to request amendments to the Royal Court Rules to  ensure  that  third  party  objectors  to  the  development  of  neighbouring  properties  are  not excluded from Royal Court Appeals against refusals and thereby denied their rights to an Appeal under Article 114 of the Planning and Building (Jersey) Law 2002?"

  1. Deputy T.M.  Pitman  of St. Helier will ask the  following question of the Chairman  of the Privileges and Procedures Committee –

"Will  the  Chairman  advise  whether  the  recent  decision  by  the  Privileges  and  Procedures Committee to seek the agreement of the States to reverse its majority decision to have a fully Independent Electoral Commission and allow it to be chaired by a States Member was made unanimously and if not would he advise which Committee Members voted in favour of the proposal?"

  1. Deputy  M.   Tadier  of  St.  Brelade  will  ask  the  following  question  of  the  President  of  the Chairmens Committee –

"How many of the recently constituted Scrutiny Panel meetings have been held either wholly or partly in secret?"

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

"What action, if any, is the Minister taking to ensure that Housing Trusts take responsibility for maintenance issues?"

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

1st question period – Minister for Education, Sport and Culture 2nd question period – Minister for Health and Social Services

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

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 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 .

Election campaign period: restrictions (P.174/2011) – comments.  P.174/2011. Presented: 6th January 2012.  Com. Privileges and Procedures Committee.

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

Lodged: 15th November 2011.

Minister for Home Affairs.

Minimum Wage: revised hourly rate from 1st April 2012.  P.183/2011. Lodged: 22nd November 2011.

Deputy G.P. Southern of St. Helier .

Minimum Wage: revised hourly rate from 1st April 2012 (P.183/2011) – comments.  P.183/2011. Presented: 13th January 2012.  Com. Council of Ministers.

Minimum Wage: revised hourly rate from 1st April 2012 (P.183/2011) – comments.  P.183/2011. Presented: 13th January 2012.  Com.(2) Minister for Social Security.

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

Lodged: 28th October 2011.

Minister for Social Security.

Draft Maintenance Orders (Facilities for Enforcement – Convention Countries)  P.184/2011. (Amendment) (Jersey) Act 201-.

Lodged: 28th November 2011.

Chief Minister.

Health Insurance Fund: transfer to Health and Social Services Department for 2012.  P.185/2011. Lodged: 29th November 2011.

Minister for Social Security.

Health Insurance Fund: transfer to Health and Social Services Department for 2012  P.185/2011. (P.185/2011) – comments.  Com. Presented: 13th January 2012.

Council of Ministers.

Draft Cold Weather Bonus (Jersey) Regulations 201-.  P.186/2011. Lodged: 29th November 2011.

Minister for Social Security.

Machinery of Government: review by Privileges and Procedures Committee.  P.187/2011. Lodged: 29th November 2011.

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

Machinery of Government: review by Privileges and Procedures Committee  P.187/2011. (P.187/2011) – comments.  Com. Presented: 6th January 2012.

Privileges and Procedures Committee.

Open ballot for Ministers and Chairmen.  P.188/2011. Lodged: 5th December 2011.

Deputy T.M. Pitman of St. Helier .

Open ballot for Ministers and Chairmen (P.188/2011): comments.  P.188/2011. Presented: 6th January 2012.  Com. Privileges and Procedures Committee.

Planning Applications Panel: appointment of Members.  P.189/2011. Lodged: 16th December 2011.

Minister for Planning and Environment.

Jersey Employment Tribunal: appointment of Members.  P.190/2011. Lodged: 19th December 2011.

Minister for Social Security.

Jersey Police Complaints Authority: appointment of Member.  P.191/2011. Lodged: 19th December 2011.

Minister for Home Affairs.

Draft Policing of Beaches (Amendment No. 10) (Jersey) Regulations 201-.  P.192/2011. Lodged: 20th December 2011.

Minister for Economic Development.

Jersey Financial Services Commission: re-appointment of Commissioner.  P.193/2011. Lodged: 20th December 2011.

Minister for Economic Development.

(to be debated in-camera')

Jersey Overseas Aid Commission: re-appointment of Non-States Commissioner.  P.194/2011. Lodged: 20th December 2011.

Senator P.F. Routier, M.B.E.

Jersey Consumer Council: appointment of Chairman.  P.195/2011. Lodged: 23rd December 2011.

Minister for Economic Development.

  1. ARRANGEMENT OF PUBLIC BUSINESS 31st January 2012

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

Deputy M.R. Higgins of St. Helier .

Draft States of Jersey (Transfer of Functions No. 5) (Economic Development to  P.196/2011. Chief Minister) (Jersey) Regulations 201-.

Lodged: 23rd December 2011.

Chief Minister.

Draft Civil Aviation (Amendment of Law) (Jersey) Regulations 201-.  P.197/2011. Lodged: 23rd December 2011.

Chief Minister.

21st February 2012

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

Deputy G.P. Southern of St. Helier .

Standing Orders: Answers to Questions (P.177/2011) – comments.  P.177/2011. Presented: 6th January 2012.  Com. Privileges and Procedures Committee.

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

Minister for Home Affairs.

Draft Social Security (Amendment of Law No. 2) (Jersey) Regulations 201-.  P.1/2012. Lodged: 4th January 2012.

Minister for Social Security.

Committee of Inquiry: payments on premature cessation of employment contracts.  P.2/2012. Lodged: 11th January 2012.

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

Manual Workers Joint Council: Employers Side membership.  P.3/2012. Lodged: 12th January 2012.

States Employment Board.

6th March 2012

Draft Amendment (No. 18) of the Standing Orders of the States of Jersey.  P.4/2012. Lodged: 13th January 2012.

Privileges and Procedures Committee.

Electoral Commission: composition and terms of reference.  P.5/2012. Lodged: 13th January 2012.

Privileges and Procedures Committee.

20th March 2012

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

Senator A. Breckon.

A.H. HARRIS Deputy Greffier of the States

12th January 2012 Note –

In accordance with the meeting dates fixed for 2012 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 18th and Thursday 19th January 2012.

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

R&O.164/2011.

This Order replaces the Community Provisions (Restrictive Measures in respect of Sudan) (Jersey) Order 2004, to give effect in Jersey to amendments to date to Council Regulation (EC) No. 131/2004 of 26 January 2004 imposing certain restrictive measures in respect of Sudan and South Sudan (OJ No. L 21, 28.1.2004, p.1). The latest such amendment was by Council Regulation (EU) No. 1215/2011 of 24 November 2011 (OJ No. L 310, 25.11.2011, p.1), which also amended the title of the Regulation to reflect its application to the newly formed country of South Sudan as well as Sudan.

The Order was made on 5th December 2011 and came into force on 6th December 2011. R&O.166/2011.

This Order amends the Community Provisions (Restrictive Measures – Syria) (Jersey) Order 2011 to give effect to Council Implementing Regulation (EU) No. 1244/2011 of 1st December 2011 implementing Regulation (EU) No. 442/2011 concerning restrictive measures in view of the situation in Syria (O.J. L319, 2.12.2011, p.8). 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 7th December 2011 and came into force on 8th December 2011. R&O.167/2011.

This Order updates the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2010 in order to provide for the implementation in Jersey of the latest amendment to Council Regulation (EU) No. 961/2010 of 25th October 2010 on restrictive measures against Iran. That amendment is made by Council Implementing Regulation (EU) No. 1245/2011 of 1st December 2011 (OJ L 319, 2.12.2011, p. 11).

At the same time, Article 10 of the Jersey Order is amended to create an offence for breaches of Article 21 of Council Regulation (EU) No. 961/2010. That Article requires any transfer of funds above a certain value to or from an Iranian person, entity or body (as defined) to be notified to or authorized by the competent authority of the relevant Member State of the European Union. In Jersey, the Chief Minister has the role of a competent authority.

The Order was made on 14th December 2011 and came into force on 15th December 2011.

R&O.168/2011.

This Order amends the Road Traffic ( St. Helier ) (Jersey) Order 1996 by –

amending the list of roads in Schedule 1 that are restricted to one-way traffic;

amending Schedule 2 to require vehicles to turn left only out of the Castle Street exit of Esplanade car park and to turn left only into Green Street on exiting from Snow Hill car park;

amending the list of junctions in Schedule 3 in respect of which there are restrictions on the stopping of vehicles;

amending and adding to the list of roads and parts of roads in Schedule 4 that are subject to a prohibition on waiting;

amending and adding to the list of paying parking places, and the times during which a parking card (or parking disc, as the case may be) must be displayed, in Schedule 8;

replacing Part 1 of Schedule 9 in order to re-define the Cheapside, Richmond Road, St. Marks and St. Thomas residents zones by reference to a description of the roads and parts of roads within the respective zones, clarifying who may apply for a residents or business parking permit and amending and adding to the list of parking places in Schedule 9 that are reserved for vehicles with a parking permit, and the times within which parking is reserved for such vehicles; and

making amendments consequential to the above amendments.

The Order was made on 16th December 2011 and came into force on 30th December 2011.

R&O.169/2011.

This Order amends the Road Traffic (Disabled Persons) (Parking) (Jersey) Order 2002 by adding to the list of parking places in Schedule 1 that are places for vehicles used by disabled persons.

The Order was made on 16th December 2011 and came into force on 30th December 2011. R&O.170/2011.

This Order revokes and replaces, with amendments, the Rabies (Importation of Dogs, Cats and other Mammals) (Jersey) Order 1976. The main change is to remove certain pets from the scope of the Order – namely dogs, cats and ferrets. Importation of such pets into Jersey is covered by the Pet Travel Scheme (Jersey) Regulations 2011. Otherwise the provisions largely replicate the provisions of the 1976 Order. The Order is made partly under the Diseases of Animals (Jersey) Law 1956 and partly under the Diseases of Animals (Rabies) (Jersey) Law 1976 and is made for the purpose of preventing the introduction of rabies into Jersey.

Article 1 is an interpretation provision. In particular, "animal" means any animal of a description specified in  Parts 1 and 2 of the Schedule with the exception of humans. Except where otherwise provided, the Order does not apply to pets within the meaning of the Pet Travel Scheme (Jersey) Regulations 2011. The "landing" of an animal is deemed to occur when an animal leaves or escapes from a vessel or aircraft.

Article 2 prohibits the landing in Jersey of an animal except under a licence granted by the Minister for Planning and Environment or in specified circumstances. Those circumstances are that, prior to the animal being brought to Jersey:

  1. the animal has never been outside the British Islands (that is, the United Kingdom, the Channel Islands or the Isle of Man) or the Republic of Ireland; or
  2. the animal has been detained and isolated in quarantine for a least 4 months before being landed in Jersey.

However if there is an outbreak of rabies in another part of the British Islands or the Republic of Ireland, the Minister may direct that the prohibition on import applies (with the result that a licence will be required).

Article 3 sets out what happens when an animal is brought to Jersey in accordance with a licence granted under Article 2. With the exception of a vampire bat (which must be detained and isolated in quarantine for the rest of its life), animals must be quarantined for 4 months in Jersey, or in the case of an animal brought to Jersey from another part of the British Islands or the Republic of Ireland and which has been in quarantine in that place, for such period of quarantine in Jersey as will ensure that the animal is in quarantine for an aggregate period of 4 months. However, if the Minister suspects that a quarantined animal may be affected with rabies, the Minister may require the animal to be quarantined for a longer period. Any period of quarantine is at the owners expense. Certain animals (broadly, rodents and rabbits) brought to Jersey for research or to the Durrell Wildlife Conservation Trust are not required to be quarantined.

Article 4 allows the Minister to waive a period of quarantine or to allow an animal to be released from quarantine if the Minster is satisfied that there is a negligible risk of the introduction of rabies into Jersey or the spread of rabies.

Article 5 requires every dog and cat quarantined to be vaccinated against rabies.

Article 6 provides that an animal required to be quarantined under this Order must, immediately after landing, be handed over to an authorized carrying agent (provision for authorizing such agents is made in Article 8) so that the agent can take it to authorized quarantine premises. Once in quarantine, an animal can be moved only for export or for veterinary treatment or to be taken to other authorized quarantine premises.

Article 7 provides that premises may be used for quarantine only with the Ministers permission and subject to such terms and conditions as are determined by the Minister. The Article also makes provision for the Minister to authorize a person to supervise such premises.

Article 8 makes provision for the Minister to authorize carrying agents.

Article 9 requires a person in charge of authorized quarantine premises to keep records of the animals in quarantine at those premises. Such records must be kept for at least 12 months and must be produced when required by an inspector appointed by the Minister under the Diseases of Animals (Jersey) Law 1956.

Article 10 places duties on a person in charge of a vessel in a port in Jersey in respect of any foreign animal on board that vessel. A foreign animal means an animal which has been outside the British Islands or the Republic of Ireland within the preceding 4 months. Those duties include ensuring that the foreign animal does not come into contact with any other animal (including a pet dog, cat or ferret) whilst on board the vessel and does not land in Jersey unless its landing is in accordance with a licence granted under Article 2 or is otherwise permitted under that Article.

Article 11 empowers an inspector to seize an animal which has landed illegally in breach of the Order or in breach of a licence and to quarantine the animal or export it from Jersey.

Article 12 empowers the Minister to cause any animal landed in Jersey in breach of the Order or in breach of a licence to be destroyed. This provision is permitted under the Diseases of Animals (Rabies) (Jersey) Law 1967.

Article 13 makes provision for when an animal or a contact animal comes into contact with an animal which is in Jersey being kept in quarantine or is in contravention of the Order or a licence or is on board a vessel at a port in Jersey or is awaiting export. A contact animal is an animal of a description specified in Part 3 of the Schedule and includes pigs, camels, horses and elephants. This Article allows an inspector or a police officer to seize the animal and carry out searches and examinations.

Article 14 empowers an inspector to enter premises and to stop and search persons for the purposes of administering and enforcing this Order.

Article 15 makes it an offence to act in contravention of the Order or of a licence. The maximum penalty is 12 months imprisonment and a fine. These penalties are higher than the penalties in the Diseases of Animals (Jersey) Law 1956 and are permitted under the Diseases of Animals (Rabies) (Jersey) Law 1976.

Article 16 revokes the Rabies (Importation of Dogs, Cats and other Mammals) (Jersey) Order 1976.

Article 17 is a saving provision so that any licence granted or anything done under the Order revoked under Article 16 is treated as having been done under this Order.

Article 18 sets out the title of the Order and provides that it will come into force on 1st January 2012.

The Schedule sets out the descriptions of animals and contact animals which are covered by the Order and is referred to above in relation to Articles 1 and 13.

The Order was made on 19th December 2011 and came into force on 1st January 2012. R&O.171/2011.

This Order is made under the Diseases of Animals (Jersey) Law 1956 ("the Law") and is to be read with, and supplements, the Diseases of Animals (Rabies) (Importation of Mammals) (Jersey) Order 2011 ("Rabies Order"). The Rabies Order is made partially under the Diseases of Animals (Rabies) (Jersey) Law 1976 and contains certain provisions which are permitted under that Law and which do not apply to this Order.

This Order is made for the purpose of preventing the introduction or spread in Jersey of the following diseases –

Nipah disease;

Hendra disease;

monkey pox,

tapeworm (Echinococcus multilocularis).

Article 1 defines terms used in the Order. In particular, it defines mammal in the same terms as the Rabies Order to exclude humans and states that it is to be read with the Rabies Order. It also extends the definition of disease for the purposes of this Order and specified provisions in the Law to include the diseases referred to in the above paragraph. Except for the purposes of Article 4, this Order does not apply to pet animals within the meaning of the Pet Travel Scheme (Jersey) Regulations 2011.

Article 2 makes various provisions in respect of licences granted under the Rabies Order for the importation of mammals. This Article prohibits a licence being granted in respect of prairie dogs originating in or coming from the United States of America and rodents of non-domestic species and squirrels originating in or coming from countries of the African sub-Saharan region. This prohibition is for the purpose of preventing the introduction of monkey pox into Jersey.

This Article also allows the Minister to impose such other conditions in a licence as he thinks necessary or expedient from preventing the introduction or spread in Jersey of any diseases specified in this Order.

Article 3 sets out specific provisions as to how the Rabies Order applies. Generally, the Article makes provision for additional matters to be taken into account in relation to the quarantine of animals under the Rabies Order for the purpose of preventing the introduction or spread of diseases specified in this Order. This Article also provides that the Rabies Order is to be read as referring to licence conditions included under this Order except in relation to the provisions in the Rabies Order enabling the destruction of animals and to offences. This means that an animal in contravention of a licence under the Rabies Order cannot be destroyed if the contravention is only caused by contravention of a licence condition imposed under this Order. Similarly, contravention of a licence condition imposed under this Order is not an offence under the Rabies Order. This is because the Rabies Order contains specific provisions under the Diseases of Animals (Rabies) (Jersey) Law 1976 relating to these matters. Breach of this Order or a licence condition imposed under this Order is an offence under Article 38 of the Diseases of Animals (Jersey) Law 1956.

Article 4 supplements the requirement in Article 4 of the Law to notify the Minister if an animal is affected with a notifiable disease so as to apply also, in respect of a tapeworm (Echinococcus multilocularis), to an infected carcase. "Animal" for this purpose includes pet animals within the meaning of the Pet Travel Scheme (Jersey) Regulations 2011.

Article 5 sets out the title of this Order and provides that it will come into force on 1st January 2012. The Order was made on 19th December 2011 and came into force on 1st January 2012.

R&O.172/2011.

This Order makes transitional arrangements for the commencement of the Public Finances (Amendment No. 3) (Jersey) Law 2011 (the "2011 Law"), which comes into force on 1st January 2012. The Order has the effect that, with some variations, the Public Finances (Jersey) Law 2005, as amended by the 2011 Law, shall have effect in relation to the 2012 Annual Business Plan and 2012 Budget as if they were the approval of the final year of a medium term financial plan and a budget, in accordance with that Law as so amended.

The Order was made on 19th December 2011 and came into force on 1st January 2012. R&O.173/2011.

This Order amends the Community Provisions (Restrictive Measures – Belarus) (Jersey) Order 2011 to give effect to Council Implementing Regulation (EU) No. 1320/2011 of 16 December 2011 (OJ No. L 335/15, 17.12.2011) implementing Article 8a(1) of Regulation (EC) No. 765/2006 concerning restrictive measures in respect of Belarus. The effect is to add 2 further individuals to the list of those subject to restrictive measures (in Annex IA to Regulation (EC) No. 765/2006).

The Order was made on 20th December 2011 and came into force on 21st December 2011. R&O.174/2011.

This Order increases the fees for fire certificates by approximately 3%. The fees were last set with effect from 1st January 2011 and the new fees come into effect on 1st January 2012.

The Order was made on 22nd December 2011 and came into force on 1st January 2012.

R&O.175/2011.

This Order amends Article 15A of the Social Security (Collection of Contributions) (Jersey) Order 2001. Article 15A imposes a duty on employers to notify the Minister for Social Security of certain changes in circumstances. The amendment widens the duty to all employers, to include individuals who employ another person otherwise than in the course of a business. In addition, if an employer becomes bankrupt or is otherwise wound up, the person responsible for the administration of the bankruptcy or winding up is required to inform the Minister for Social Security of the bankruptcy or winding up.

The Order was made on 23rd December 2011 and came into force on 1st January 2012.

R&O.176/2011.

This Order amends the Social Security (Contributions) (Jersey) Order 1975 (the "principal Order"). Article 1 defines the principal Order.

Articles 2 to 5 amend Articles 1, 3, 6 and 6A of the principal Order. Those Articles of the principal Order prescribe circumstances in which a person is excepted from liability to pay contributions and credited with contributions. The amendments clarify, in each case, the period to which the exception and credits relate.

Articles 6, 7 and 8(a) make it clear that, where a persons eligibility for an exception from liability to pay Class 2 contributions or to pay reduced rate Class 2 contributions is to be determined by reference to the persons current year income or earnings, the persons eligibility is determined by reference to evidence of an estimate of the income or earnings.

Articles 8(b) and (c) and 9 revise the rules for the concession allowing a person starting in business to defer paying part of the contributions for the opening years of the business that would otherwise be due. The commencement of the period of 5 years within which a person granted a concession in respect of one business may not make an application in respect of another business is clarified. If a person elects to terminate a concession granted for a year, the amendment provides that the person cannot then make a fresh application for a concession for the year. The amendments also refine the rules for calculating the deferred contributions, when they fall due approximately 2 years later.

Article 10 is consequential upon Articles 2 to 5.

Article 11 amends Article 22 of the principal Order to refine the rules for calculating the amount of a contribution that is payable where the contribution is paid late but is nevertheless to be treated as having been paid when due, for the purpose of determining any right to survivors benefit, incapacity pension or old age pension.

Articles 12 and 13(b) amend Schedules 1 and 2 to the principal Order. Those Schedules modify, in relation to Class 1 insured persons and Class 2 insured persons respectively, what constitutes the persons earnings. In both cases, the provision of the Income Support (Jersey) Regulations 2007 on which the rule for determining the value attributable to accommodation depends is made clearer.

Article 13(a) amends Schedule 2 to the principal Order to provide that income from a Class 2 insured persons own occupational pension arrangements is taken into account in calculating the persons income from self-employment.

Article 14 provides for the citation of the Order and its commencement on 1st January 2012. The Order was made on 23rd December 2011 and came into force on 1st January 2012.

R&O.177/2011.

This Order increases fees administered by the Department for Health and Social Services as set out below.

It increases by approximately 2.5% –

  1. the fee for a licence to sell ice-cream from a van or stall;
  2. the fees connected with the grant, renewal or transfer of a licence to conduct a nursing agency;
  1. the fees connected with a registration authorizing the carrying on of a nursing home, mental nursing home or residential home;
  2. the fees in relation to the enrolment, restoration or retention of a persons name on the roll of ancillary dental workers;
  3. the maximum fee that a registered medical practitioner may charge for completing a medical certificate to accompany an application for cremation; and
  4. hospital charges for long-stay patients.

It increases by approximately 10% the fee for a cremation of a person aged 18 years or over. All of the fees were last increased with effect from 1st January 2011.

The Order was made on 30th December 2011 and came into force on 1st January 2012.

R&O.1/2012.

This Order increases fees in the following enactments –

Animal Welfare (Licence Fee) (Jersey) Order 2008

Dangerous Wild Animals (Jersey) Law 1999

Artificial Insemination of Domestic Animals (Bovine Semen) (Jersey) Order 2008 Community Provisions (Bovine Embryos) (Fees) Order 2011

Waste Management (Fees) (Jersey) Order 2008

Planning and Building (Fees) (Jersey) Order 2008

The increases  are  generally around 2.5%. Some  fees in the  Planning and  Building (Fees) (Jersey) Order 2008 relating to building control are increased by between 3.6% and 5.8 %, with one fee being increased by approximately 21%.

All fees take effect from 16th January 2012. Apart from fees under the Community Provisions (Bovine Embryos) (Fees) Order 2008, fees in the above enactments were last increased with effect from 2nd May 2011, having not been increased before that date since 1st January 2010. The fees in the Community Provisions (Bovine Embryos) (Fees) Order 2011 were first set with effect from 26th January 2011.

The fee for an application to the Minister concerning a complaint about the adverse impact of a high hedge under the High Hedges (Jersey) Law 2008 is reduced by approximately 40% from £461.20 to £275.00.

Two specific provisions are made in relation to applications for planning permission. The first provision is where an application is required for planning permission for development that would be permitted under the Planning and Building (General Development) Jersey Order 2011 but for the fact that the development involves a listed building or place (or potential listed building or place). In such a case no fee is charged. The second provision is where an application is made within six months of a previous first application for the same or similar development being refused or withdrawn. Again, in such circumstances no fee is charged.

The Order was made on 5th January 2012 and came into force on 16th January 2012. R&O.2/2012.

This Order gives effect in Jersey to Council Implementing Regulation (EU) No. 1345/2011 of 19th December 2011 (OJ No. L 338, 21.12.2011, p.19), which amends the list of enterprises, in Annex V to Council Regulation (EC) No. 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar, against whom restrictive measures have been imposed.

The Order was made on 9th January 2012 and came into force on 10th January 2012.

R&O.3/2012.

This Order gives effect to Council Regulation (EU) No. 1360/2011 of 20th December 2011 (OJ No. L 341, 22.12.2011, p. 18) , which amends Council Regulation (EU) No. 204/2011 of 2nd March 2011 concerning restrictive measures in view of the situation in Libya, by removing the freeze on funds and economic resources, located outside Libya, belonging to, owned, held or controlled by certain Libyan banks, while retaining the freeze on others.

The Order was made on 9th January 2012 and came into force on 10th January 2012. R&O.4/2012.

This Order gives effect in Jersey to Commission Implementing Regulation (EU) No. 1355/2011 of 20th December 2011 (OJ No. L 338, 21.12.2011, p.39), which replaces Annex V to Council Regulation (EC) No. 329/2007 concerning restrictive measures against the Democratic Peoples Republic of Korea, in order to amend the list of persons and enterprises against whom restrictive measures have been imposed.

The Order was made on 9th January 2012 and came into force on 10th January 2012.

PUBLIC ACCOUNTS COMMITTEE: APPOINTMENT OF UNELECTED MEMBERS (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 3 persons at this meeting –

Mr. Alexander Fearn Mr. Stephen Haigh Mr. Christopher Evans

(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 17th January 2012, namely no later than Thursday 12th January 2012. If alternative nominations are received a ballot will be held.

BIOGRAPHIES

Mr. Alexander (Alex) Fearn

Mr. Fearn has 25 years proven business and change management in leading global financial institutions, Citibank, Barclays and RBC in a broad range of roles. He graduated from Dundee University in 1982 with a Bsc. Hons in Geography.

His background has been investments including quant driven trading, the global derivatives markets and institutional fund management coupled with international experience gained from working in Grand Cayman, Barbados and the Isle of Man.

In Jersey since 1998, Mr. Fearn led change in the Barclays Wealth offshore investment and fiduciary businesses and since 2006 ran the investment business managing portfolios for UHNW and HNW clients and institutions.

Mr. Fearn now works for RBC Cees as Head of Client Administration. He is responsible for providing vision and leadership for the client administration teams providing services to executive compensation, pension and savings structures across Jersey and Edinburgh and for the strategic direction and planning of the business at board level and as a Principal Person with the JFSC.

Mr. Fearn does a wide range of community activities including serving on the Jersey Public Accounts Committee, from 2009 to 2011. Mr. Fearn is also a director and pension trustee for the Channel Islands Co-Op, the largest retail co-operative in the islands. Mr. Fearn is a registered Jersey Youth Worker and is a committee member of the St Marys Youth Project.

He is married with one daughter, born in Jersey in 2000. Mr. Fearn also organizes and promotes the major motorsport events on the island.

Mr. Fearn would like to be considered in a continuing role as an independent member of the Public Accounts Committee for the following reasons:

He has already served on the previous committee since February 2009;

He has a good working rapport with the Comptroller and Auditor General, the New Chair and Deputy Chair of the PAC;

He has developed a good understanding of Jersey States Government and how it is structured and managed which is important when reviewing the issues arising and discussed at the PAC;

He is independent of any political biases and will declare any conflicts of interests if they so arise as a result of his Committee work;

He has relevant business experience and knowledge gained in relation to management of budgets and revenue lines, staffing, corporate governance and financial services which are useful in the discussion and provision of the PAC reports (e.g. the Report of the Energy from Waste Plant – review of foreign currency exchange risks).

He has a keen interest in the economic affairs of the island and sees his role in sitting on the Public Accounts Committee as playing his small part in making sure government funds are spent wisely and services run efficiently for the good of current and future generations.

Mr. Stephen Haigh

Mr Haigh is currently MD of his own company specialising in providing Corporate Governance and Cost Management expertise. Prior to this role he was the Chief Operations Officer at Jersey Telecom up until July 2010 having initially joined this company as an apprentice in 1970. In this role he was responsible for all aspects of the Jersey Telecom Network, IS/IT and Service Operations. In addition to this he was responsible for the Design and Innovation Strategies for the JT Group of Companies. He also has experience of implementing and directing a centralised Project Office, Procurement teams and Facilities management.

With over 25 years experience of working at senior management levels at Jersey Telecom Mr Haigh not only built up a wide range of experience in the functional management of the company but also demonstrated an excellent competency in corporate governance matters. This competency has been evidenced not only through his work as Chair of the Risk Working Group, for Jersey Telecom, but also through external activities such as his previous Chairmanship of the Jersey Arts Centre.

Since leaving Jersey Telecom in 2010 Mr Haigh has, not only set up his own company, but is also a Senior Consultant with Optimal Solutions - a cost efficiency company, a Senior Associate at Nova Incepta - a UK based technology company, Chairman of the La Motte Street Youth Centre and a Vice Chair of the IoD sub committee for Education and Training.

He has a broad range of executive and non-executive skills with particular experience in Corporate Governance, Risk Management, Change Management, Strategic Business Planning, Project Management, Business Transformation and Cost efficiency management. He is also a Chartered Director, awarded in 2001, the first person to achieve this qualification in the Channel Islands. The IoD has recently appointed Mr Haigh to be a Regional Ambassador for the Chartered Director qualification

Mr Haigh was educated at De La Salle College and obtained his BSc in in 1994 through the Open University.

He is married with two daughters, and lives in St Martin. Mr Christopher (Chris) Evans

Chris Evans is the founder and CEO of Foreshore in Jersey. The Internet datacentre and ecommerce services company, formed in 2000, was Jerseys first international class facility specifically designed to meet the needs of offshore e-commerce and financial services. Today it counts over 300 corporate customers in more than 30 countries.

Mr. Evans has been involved in the creation and running of three successful information technology businesses in Jersey over the last 27 years. He was awarded Entrepreneur of the Year award in 2001 in the first annual Jersey Enterprise Awards, in which Foreshore was subsequently awarded Medium Business of the Year in 2009. In 2011 Mr. Evans also gained recognition from his peers, when he received the Institute of Directors Global Director of the Year award for his continued promotion of Jersey and ecommerce in international markets.

As well as serving on the boards of a number of companies (he is currently a non-executive director of Jersey Post), he has spoken at international conferences talking about how smaller nations can respond to the threats and opportunities presented by the digital economy.

He has also had a number of articles published, in international journals, dealing with the broader business implications of information and communications technologies (ICT) in the context of its disruptive role in the growing digital economy.

He has been a member of a number of Jersey government advisory committees, tasked with examining the economic benefits of creating a legal and technological framework for encouraging the growth of e- business as a distinct industrial activity.

These include the Economic Diversification Sub-Group of the Office of the Chief Advisor in 1999, The Jersey Information Society Commission in 2000, the Technology, Media and Telecoms (TMT) Group (chaired by Deputy Gerald Voisin) in 2004 and the Ecommerce Working Group in 2011.

Mr. Evans served on the Public Accounts Committee (chaired by the then Deputy Ferguson) in 20072008.

WRITTEN QUESTIONS (See Item I(a))

  1. The Minister for Planning and Environment will table an answer to the following question asked by Deputy R.J. Rondel of St. Helier –

"Would the Minister make available a list of residential planning applications for three properties or more that are currently waiting to be determined together with the dates that the applications were submitted to the department?"

  1. The Minister for Home Affairs will table an answer to the following question asked by Deputy G.C.L. Baudains of St. Clement –

"Given that in written answers on February 14th 2006 to a question by Deputy J.B. Fox of St. Helier it was stated that the vehicles used previously were high powered and inappropriate for untrained use and that not having a motorcycle unit had not resulted in any loss of service to the public, in fact the addition of a Proactive Unit actually gave a better service to the public with a decrease in reported crime and an increase in detected crime; would the Minister explain why police motorcycles have now been re-introduced, the cost of the new vehicles and state how many trained specialist riders the States of Jersey Police currently have?"

  1. The Minister for Planning and Environment will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
  1. "Will the Minister list in a tabular form for the years 2005 to date the following information –
  1. the name and nature of any enforcement notices issued by the Department during that period;
  2. whether any of these notices have lead to a prosecution for breach of the notice;
  3. the result of the prosecutions and the penalties, if any, which were applied;
  1. Will the Minister explain the process and procedures adopted in issuing enforcement notices identifying who is involved in each stage from instigation to prosecution?"
  1. The Minister for Planning and Environment will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –

"Will the Minister list in a tabular form the following information in relation to Planning applications which were initially applied for in the years 2005 to 2010 inclusive and which for one reason or another have not yet been determined or withdrawn –

  1. the date of the initial application;
  2. the site and nature of the application
  3. the reason(s) why each application has not been determined or resolved indicating –
  1. the date(s) and reason the Department sought new information or changed its requirements;
  2. the date(s) and reasons the applicant has sought voluntarily (ie not at the behest of the Department) to alter their application;
  1. the date upon which these applications have been reviewed since initially applied for?"
  1. The Minister for Planning and Environment will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –

"With respect to the Planning and Building Services division, will the Minister publish the Human Rights audit of his Departments Laws, Regulations, Orders, Guidance notes and procedures that all Departments of the States had to complete before the Registration in the Royal Court of the Human Rights (Jersey) Law 2000, together with all subsequent revisions to these documents, and, if not, why not?

Would the Minister outline how the Department audits/monitors the decisions of its officers and their adherence to handling their cases in a manner compatible with the European Convention on Human Rights?"

  1. The Minister for Planning and Environment will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –

"Will the Minister publish in respect of Buildings of Local Interest the following information in a tabular form for the years 2005 to 2011 inclusive –

  1. the number of Planning applications received each year;
  2. the number of Planning applications approved/refused each year on the recommendation of the Historic Buildings Officer;
  3. the sites and nature of the applications refused in each year and the grounds for rejecting the application;
  4. the number and sites of applications that are outstanding for each year, calculated from the year of initial application, and the reasons why they have not yet been determined;
  5. the dates upon which outstanding applications have been reviewed since initially applied for?"
  1. The Minister for Planning and Environment will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –

"Will the Minister produce a table showing for each of the 4 districts of St. Helier for the years 2005 to 2010 inclusive –

  1. the number of residential properties constructed –
    1. without car parking spaces
    2. with onsite car parking spaces (indicating the number of spaces);
  2. the number of office or business units constructed –
  1. without car parking spaces and;
  2. with onsite car parking spaces (indicating the number of spaces)"
  1. The Chairman of the Public Accounts Committee will table an answer to the following question asked by Deputy T.M. Pitman of St. Helier –

"Will the Chairman advise whether the Public Accounts Committee intends to investigate and subsequently publish a report into the total amount of taxpayers money used under the last Council of Ministers, under Senator T.A. Le Sueur , to provide golden handshakes to senior Civil Servants leaving their posts early; further still, will the Committee be investigating the absence of detail on such payments within published States accounts?"

  1. The Minister for Home Affairs will table an answer to the following question asked by Deputy T.M. Pitman of St. Helier –

"Will the Minister provide details of how much money has been spent on external inquiries and reviews in respect of alleged disciplinary issues since November 2008 and how many police officers, if any, have been convicted of any criminal or disciplinary charges as a consequence?"

  1. The Minister for Home Affairs will table an answer to the following question asked by Deputy T.M. Pitman of St. Helier –

"As a part of the Historic Abuse Inquiry did the investigators research and consequently obtain a full list of all individuals who were, at any time, on the Board of Governors of Haut De La Garenne (whether in paid or purely voluntary roles) under each of the various authorities under which the facility operated during the period of investigation?

Were all those individuals still living subsequently interviewed and, if so, will the Minister provide Members with a full list of those interviewed or advise where such information can be viewed?"

  1. The Minister for Home Affairs will table an answer to the following question asked by Deputy T.M. Pitman of St. Helier –

"What investigations, if any, have taken place in respect of the allegations that States of Jersey Police officers acted illegally during the investigation of the case of Curtis Warr en and others; and if there has been an investigation, what was the total cost and the outcome?"

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

"Will the Chief Minister inform members what progress, if any, has been made on negotiations with public sector employee representatives listed below on their respective 2011 pay claims –

Civil servants

Manual workers

Nurses

Teachers

Police

Prison officers

Other uniformed services?

Will he also state what progress, if any, has been made in negotiating the £7million of savings from public sector terms and conditions contained in the Annual Business Plan for 2012?

Will he further outline for members the schedule of meetings he has confirmed to resolve these issues and state when he expects to be in a position to report their resolution to the Assembly?"

  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

"In the continued absence of any plan to generate revenue from non-locally owned, non-finance businesses subject to a zero tax rate, what consideration, if any, has the Minister given to protecting the Islands tax base by preventing the takeover of local companies by foreign businesses and if none, why?

Will the Minister outline the mechanisms that are in place, or would need to be introduced, to enable the prevention of such takeovers?"

  1. The Minister for Economic Development will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

"Will the Minister inform members whether in 2009, 2010 and 2011 non locally based companies were granted a licence under the Regulation of Undertakings and Development (Jersey) Law 1973, as amended (RUDL) for construction contracts of up to 12 months on the Island without a requirement to engage locally qualified persons and, if so, detail how many and specify the projects on which these licences were granted and state the number of jobs involved in each case and why no requirement for locally qualified persons was applied?

Will the Minister assure members that no such licences will be granted in 2012 and give details of how he proposes to encourage the use of locally qualified persons in the future?

Will he further agree to review the provision of RUDL licences in respect of secondments in the finance and other sectors for contracts of less than 2 years?"

  1. The Minister for Social Security will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

"Will the Minister advise what additional, concrete measures he has in place to get more of the rising numbers of unemployed, especially those under 25, back into work or appropriate training in 2012?

In particular will he inform members what progress, if any, he has made in obtaining work placements for the unemployed in the public and private sectors?

Will he further state what contingency measures he has in place and what additional costs he anticipates will be placed on the Income Support scheme from the possible collapse of the fulfilment sector in the Island?"

  1. The Minister for Social Security will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

"In addition to the lifting of the ceiling on Social Security contributions and the introduction of a 2% employer rate on earnings up to £150,000, what consideration, if any, has the Minister given to further changes to both employer and employee rates and in what timescale?"

  1. The Minister for Health and Social Services will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –

"How many patients with special needs and mental health issues have been placed in the UK for treatment in the past 5 years; what were the yearly costings and the durations of the treatment in the UK?"

  1. The Minister for Social Security will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –

"Will the Minister give an update on when the Discrimination law is likely to be implemented and will he give an undertaking that it will not be implemented in a piecemeal fashion, but as a whole?

If it is necessary to implement in stages, as he has indicated in the past, will he ensure that the Sex Discrimination Act (implemented in the UK in 1975) should take precedence, as this has been highlighted as the most urgent by groups such as the Jersey Advisory and Conciliation Service?"

  1. The Minister for Economic Development will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –

"Will the Minister advise whether the ban on the importation and sale of milk other than Jersey Milk (with some exemptions) is, in the department's view, still necessary and ultimately sustainable?

Will the Minister outline the policy and detail what exemptions are in place (ie, for omega enriched milk, goat's milk etc)?

Would the Minister confirm whether the policy is in keeping generally with free market principles and explain how the department justifies its protectionist stance towards milk, but not towards other Jersey Produce, such as potatoes, honey etc.

Will the Minister also give a list of how many individuals or retailers, if any, have been prosecuted for the importation or sale of non-Jersey milk in the last 15 years?"

  1. The Minister for Health and Social Services will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –

"Will the Minister advise which, if any, of the recommendations contained within the 'External review into the care and treatment of clients at Maison du Lac' (carried out by Linda Glasby OBE and dated 10th July 2010) have been implemented; which have not been implemented, and if none of the recommendations have been addressed, would she explain why?"

  1. The Chairman of the Health, Social Security and Housing Scrutiny Panel will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –

"Will the Chairman outline what methodology, if any, the Panel will use to make sure that recommendations of (recent) reviews, such as the External review into the care and treatment of clients at Maison du Lac carried out by Linda Glasby OBE, dated 10th July 2010, which was critical of some practices at the unit, are being implemented and that patient care is not jeopardised?"

ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))

First session 2012

January 31st February 21st March 6th March 20th April 17th May 1st

May 15th May 29th June 12th June 26th July 10th July 17th


Home Affairs

Housing

Social Security

Transport and Technical Services Treasury and Resources Education, Sport and Culture Home Affairs

Housing

Social Security

Transport and Technical Services Treasury and Resources Education, Sport and Culture


Chief Minister

Planning and Environment Chief Minister

Economic Development Chief Minister

Health and Social Services Chief Minister

Planning and Environment Chief Minister

Economic Development Chief Minister

Health and Social Services

2nd session 2012

September 11th September 25th October 9th October 23rd November 6th November 20th December 4th December 11th


Home Affairs

Housing

Social Security

Transport and Technical Services Treasury and Resources Education, Sport and Culture Home Affairs

Housing


Chief Minister

Planning and Environment Chief Minister

Economic Development Chief Minister

Health and Social Services Chief Minister

Planning and Environment

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