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States Order Paper 1st May 2012

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STATES OF JERSEY ORDER PAPER

Tuesday 1st May 2012

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

Road Traffic ( St. Helier ) (Amendment No. 25) (Jersey) Order 2012.  R&O.58/2012. Minister for Transport and Technical Services.

Road Racing (International Festival of Motoring) (Jersey) Order 2012.  R&O.59/2012. Minister for Transport and Technical Services.

  1. DOCUMENTS PRESENTED OR LAID

Draft Strategic Plan 2012 (P.28/2012): amendment (P.28/2012 Amd.) – comments.  P.28/2012. Presented: 25th April 2012.  Amd.Com. Council of Ministers.

Standing Orders: Answers to Questions (P.30/2012) – comments.  P.30/2012. Presented: 27th April 2012.  Com. Privileges and Procedures Committee.

Jersey Competition Regulatory Authority: appointment of Non-Executive  R.49/2012. Director.

Presented: 19th April 2012.

Minister for Economic Development.

Public Records (Jersey) Law 2002: report of the Jersey Heritage Trust and the  R.50/2012. States Archivist during 2011.

Presented: 20th April 2012.

Minister for Education, Sport and Culture.

Jersey Community Relations Trust: re-appointment of Trustee.  R.51/2012. Presented: 23rd April 2012.

Minister for Home Affairs.

Land Transactions under Standing Order 168(3) –  R.52/2012.

  1. 16 Britannia Place, St. Helier – lease;
  2. 2 Hungerford Villas, Vauxhall Street, St. Helier – sale.

Presented: 23rd April 2012.

Minister for Treasury and Resources.

States of Jersey Development Company Limited: Annual Report and Financial  R.53/2012. Statements for the year ended 31st December 2011.

Presented: 24th April 2012.

Minister for Treasury and Resources.

Jersey Advisory and Conciliation Service: Board Members Report and Financial  R.54/2012. Statements for the year ended 31st December 2011.

Presented: 24th April 2012.

Minister for Social Security.

Jersey Multi-Agency Public Protection Arrangements: Annual Report 2011.  R.55/2012. Presented: 25th April 2012.

Minister for Home Affairs.

Population and Migration Review – Part 1.  S.R.1/2012. Presented: 24th April 2012.

Corporate Services Scrutiny Panel.

Respite Care for Children and Young Adults Review.  S.R.2/2012. Presented: 26th April 2012.

Health, Social Security and Housing Scrutiny Panel.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Draft States of Jersey Police Force Law 201- (P.182/2011): amendment.  P.182/2011. Lodged: 20th April 2012.  Amd. Minister for Home Affairs.

Draft Amendment (No. 19) of the Standing Orders of the States of Jersey.  P.43/2012. Lodged: 19th April 2012.

Minister for Treasury and Resources.

States Members Remuneration Review Body: revised Terms of Reference.  P.44/2012. Lodged: 27th April 2012.

Privileges and Procedures Committee.

  1. WITHDRAWAL OF LODGED PROPOSITIONS

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

Ex gratia payment: Mr. D. Turner.  P.37/2012. Lodged: 3rd April 2012.

Deputy M.R. Higgins of St. Helier .

  1. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
  2. MATTERS OF PRIVILEGE
  3. PETITIONS
  4. QUESTIONS
  1. Written Questions(attached)
  1. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding zero-hours contracts for States employees.
  2. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding tax information exchange.
  1. The Minister for Treasury and Resources will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding an investigation into effective tax rates.
  2. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding zero hours contracts.
  1. Oral Questions (120 minutes)
  1. Deputy S. Pitman of St. Helier will ask the following question of the Chief Minister -

"Could the Chief Minister confirm whether any compensation paid to the victims of historical child abuse will come directly from an insurance fund rather than from the public purse?"

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

"In the light of the news that the UK is officially in recession and that the leading cause is a 0.1% drop in the finance sector (29% of UK economy) what evidence, if any, does the Minister have to suggest that Jersey is not in recession and what further measures, if any, will the Minister take to stimulate the Jersey economy?"

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

"Would the Minister advise the Assembly the total expenditure from 1992 to date of the remediation at Beauport to deal with potato leachate, provide an estimate of the ongoing costs and give details of the lessons learnt?"

  1. Senator S.C. Ferguson will ask the following question of the Minister for Health and Social Services –

"Would the Minister advise members whether the Health and Social Services Department plans to follow the National Health Services example and provide over 60s with a free faecal occult blood test kit at two-yearly intervals, and if not why?"

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

"Will the Minister outline whether information and application forms regarding organ donation are readily available at the General Hospital and, if not, where can this information be obtained and will she consider a move to make the organ donation scheme in Jersey opt-out rather than opt-in?"

  1. Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the Chief Minister –

"Would the Minister state whether there is any  legal issue in Protocol 3 or other relevant legislation which prevents health and criminal checks being carried out which are customarily seen as an integral part of an immigration policy?"

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

"Can the Minister explain whether as part of ante-natal services offered by her Department, teenage mothers and/or those with drug/alcohol problems are automatically referred either to third sector agencies or other agencies for support and guidance and, if not, why not?"

  1. Deputy G.C.L. Baudains of St. Clement will ask the following question of the Minister for Transport and Technical Services –

"With present buses often driving over the centre white line, will the Minister be requiring any new bus contractor to comply with local legislation and provide buses that are suitable for the relatively narrow roads that exist in Jersey?"

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

"What lessons for Jersey, if any, can be learnt from the higher electoral turnout in the recent Guernsey elections where electors vote for a single class of States Member?"

  1. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Treasury and Resources –

"Does the Minister consider that the views expressed by the retiring Guernsey Treasury Minister that Guernsey urgently needs to re-position itself as a different kind of economy, move away from its reliance on tax loopholes and support the more traditional industries such as tourism, should be extended to Jersey, given that we share the same world economic and political climate and, if so, what action does he plan to take?"

  1. Deputy G.C.L. Baudains of St. Clement will ask the following question of the Minister for Home Affairs –

"Does the Minister believe that the recent deployment by the States of Jersey Police of semi- automatic rifles on the streets of St. Helier was an appropriate reaction to the incident and does he stand by his statement that this incident reinforced the need for the Police to be provided with Tasers?"

  1. Deputy T.M. Pitman of St. Helier will ask the following question of the Minister for Education, Sport and Culture –

"Would the Minister confirm that any member of staff convicted of sexual assaults on children would be instantly dismissed from his Department and would not be allowed to resign with dignity and carry on teaching during the period of notice?"

  1. Deputy J.A. Hilton of St. Helier will ask the following question of the Minister for Social Security –

"Can the Minister advise how many clients of the Jersey Employment Trust have been placed within government departments on work experience placements and, how many, if any, of these placements resulted in permanent part or full time employment?"

  1. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Treasury and Resources

"Further to his retiring Guernsey Ministerial counterparts statement in relation to the Zero-Ten tax system that "we pay an increasing price for the 0% tax rate", does the Minister consider it is time for Jersey to introduce a fairer tax system where all citizens and businesses bear the costs and burden of the recession not just middle and low earners?"

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

"In the light of continuing high inflation rates (5.4%, 5.0% and 4.7% for the last 3 quarters) how does the Minister justify his stance of maintaining a pay freeze in the public and private sectors?"

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

"Would the Minister outline the programmes in place for succession planning within the Health and  Social  Services  Department  and  advise  whether  they  are  considered  to  have  been successful?"

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

1st question period – Minister for Education, Sport and Culture 2nd question period – Minister for Housing

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

Draft Strategic Plan 2012.  P.28/2012. Lodged: 19th March 2012.

Council of Ministers.

Draft Strategic Plan 2012 (P.28/2012): amendment.  P.28/2012. Lodged: 16th April 2012.  Amd. Health, Social Security and Housing Scrutiny Panel.

Draft Strategic Plan 2012 (P.28/2012): amendment (P.28/2012 Amd.) – comments.  P.28/2012. Presented: 25th April 2012.  Amd.Com. Council of Ministers.

Draft Policing of Parks (Amendment No. 4) (Jersey) Regulations 201-.  P.23/2012. Lodged: 7th March 2012.

Minister for Transport and Technical Services.

Tourism Development Fund: assistance to the private sector.  P.26/2012. Lodged: 13th March 2012.

Minister for Treasury and Resources.

Criminal Injuries Compensation Scheme: revised Scheme.  P.27/2012. Lodged: 14th March 2012.

Minister for Home Affairs.

Health and Safety Appeal Tribunal: appointment of members.  P.32/2012. Lodged: 29th March 2012.

Minister for Social Security.

  1. ARRANGEMENT OF PUBLIC BUSINESS 15th May 2012

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

Minister for Home Affairs.

Draft States of Jersey Police Force Law 201- (P.182/2011): amendment.  P.182/2011. Lodged: 20th April 2012.  Amd. Minister for Home Affairs.

Draft Connétable s (Miscellaneous Provisions) (Jersey) Law 201-.  P.36/2012. Lodged: 3rd April 2012.

Comité des Connétable s.

Draft Harbours (Inshore Safety) (Jersey) Regulations 201-.  P.24/2012. Lodged: 9th March 2012.

Minister for Economic Development.

Draft Harbours (Inshore Safety) (Jersey) Regulations 201- (P.24/2012):  P.24/2012. amendment.  Amd. Lodged: 4th April 2012.

Minister for Economic Development.

Jersey Heritage Trust: amendments to Constitution.  P.31/2012. Lodged: 27th March 2012.

Minister for Education, Sport and Culture.

Ratification of the Agreement for the Exchange of Information relating to Tax  P.33/2012. Matters between the Government of Jersey and the Government of the Hong Kong

Special Administrative Region of the Peoples Republic of China.

Lodged: 30th March 2012.

Chief Minister.

Ratification of the Agreement for the Exchange of Information relating to Tax  P.34/2012. Matters between the Government of Jersey and the Government of the Italian

Republic.

Lodged: 30th March 2012.

Chief Minister.

Ratification of the Agreement for the Exchange of Information relating to Tax  P.35/2012. Matters between the Government of Jersey and the Government of the State of

Qatar.

Lodged: 30th March 2012.

Chief Minister.

Electoral Commission: appointment of members.  P.39/2012. Lodged: 12th April 2012.

Privileges and Procedures Committee.

Draft Income Tax (Amendment No. 41) (Jersey) Law 201-.  P.38/2012. Lodged: 4th April 2012.

Minister for Treasury and Resources.

(Cannot be debated before 16th May 2012)

29th May 2012

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.

Social Housing Schemes: funding.  P.40/2012. Lodged: 17th April 2012.

Minister for Treasury and Resources.

Draft Money Laundering and Weapons Development (Directions) (Amendment)  P.41/2012. (Jersey) Law 201-.

Lodged: 17th April 2012.

Chief Minister.

Draft Collective Investment Funds (Amendment and Validation) (Jersey) Law 201-.  P.42/2012. Lodged: 17th April 2012.

Minister for Economic Development.

Draft Amendment (No. 19) of the Standing Orders of the States of Jersey.  P.43/2012. Lodged: 19th April 2012.

Minister for Treasury and Resources.

12th June 2012

Standing Orders: Answers to Questions.  P.30/2012. Lodged: 26th March 2012.

Deputy G.P. Southern of St. Helier .

Standing Orders: Answers to Questions (P.30/2012) – comments.  P.30/2012. Presented: 27th April 2012.  Com. Privileges and Procedures Committee.

States Members Remuneration Review Body: revised Terms of Reference.  P.44/2012. Lodged: 27th April 2012.

Privileges and Procedures Committee.

M.N. DE LA HAYE Greffier of the States

26th April 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 2nd and Thursday 3rd May 2012.

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

R&O.58/2012.

This Order increases by 10 per cent the fee payable for a residents or business parking permit.

In relation to the Cheapside Zone, the St. Marks Zone and the St. Thomas Zone the fee for a residents parking permit is increased to £220; in relation to the Richmond Road Zone the fee for a residents parking permit is increased to £110; and in all 4 zones the fee for a business parking permit is increased to £165.

This is the first fee increase for parking permits for the zones since the zones were introduced. The Order was made on 20th April 2012 and comes into force on 1st May 2012.

R&O.59/2012.

This Order permits the Classic and Vintage Motor Racing Club of Jersey to hold races and an entertainment from 25th to 27th May 2012 on roads in St. Helier , including Mount Bingham and parts of Victoria Avenue, Westmount Road and La Route de St. Aubin, and to close those roads to traffic.

The Order was made on 20th April 2012 and came into force on being made.

WRITTEN QUESTIONS (See Item I(a))

  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 how many States employees, by department, are currently employed on temporary contracts and how many of these are employed on zero-hours contracts?

Will he further inform members of the reasons given by departments for the levels of temporary employment revealed and in particular of the justification for the use of zero-hours contracts?

Does the Chief Minister condemn the use of zero-hours contracts in both the public and private sectors and, if so, will he agree to work with his Minister for Social Security to eliminate their use?"

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

"Does the Chief Minister welcome the resolution of the European Parliament to call on EU member States to take action on tax avoidance and evasion (which condemns tax competition; demands better company registrars and registers of trusts; demands full country-by-country reporting; demands more resources for tax authorities; condemns the use of tax havens and in particular highlights the need to generalise automatic information exchanges and to extend the scope of the Savings Taxation Directive in order to effectively end banking secrecy)?

Will he inform members what actions, if any, he will take to demonstrate his willingness to co- operate with such initiatives?"

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

"Will the Minister provide the results of his investigation into effective tax rates by quintile and inform members what these reveal about the progressive nature, or otherwise, of the Islands Income Tax system?"

  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 members what information, if any, he has on the extent to which zero hours contracts are used by the Islands employers by sector and explain why such contracts are used?

Will he inform Ministers how such contracts interact with the Income Support system and whether they cause particular problems for its administration?

Will he further state whether he considers the use of zero-hours to be harmful to employees and, if so, what steps, if any, will he take to discourage their use?"

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

First session 2012

May 15th  Home Affairs

May 29th  Health and Social Services

June 12th  Social Security

June 26th  Transport and Technical Services July 10th  Treasury and Resources

July 17th  Education, Sport and Culture


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