Consolidated Order Paper 10th December 2013

STATES OF JERSEY ORDER PAPER

Tuesday 10th December 2013 CONSOLIDATED

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

* Community Provisions (Restrictive Measures – Iran) (Amendment No. 5) (Jersey)  R&O.151/2013. Order 2013.

Minister for External Relations.

* Transport and Technical Services (Driver and Vehicle Standards – 2014 Fees)  R&O.155/2013. (Jersey) Order 2013.

Minister for Transport and Technical Services.

3. DOCUMENTS PRESENTED OR LAID

* States of Jersey Financial Reporting Manual (December 2013).  R.150/2013. Presented: 10th December 2013.

Minister for Treasury and Resources.

* Land Transactions under Standing Order 168(3) –  R.151/2013.

1. Former Le Coin Flats, Charles Street, St. Helier – boundary with Curry's Warehouse;
2. Pumping Station, Five Oaks, Prince's Tower Road, St. Saviour – transfer of

land.

Presented: 10th December 2013.

Minister for Treasury and Resources.

4. NOTIFICATION OF LODGED PROPOSITIONS
5. WITHDRAWAL OF LODGED PROPOSITIONS
6. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
7. MATTERS OF PRIVILEGE
8. PETITIONS
9. QUESTIONS

1. – Written Questions(attached)

1. The Minister for Social Security will table  an answer to a  question  asked  by Deputy G.P. Southern of St. Helier regarding the impact of R&O.75/2012.
2. The Minister for Education, Sport and Culture will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding engagement with young voters in 2014.
3. The Chairman of the Privileges and Procedures Committee will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding engagement with young voters in 2014.

4. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the introduction of a harmonised maternity policy.

2. – Oral Questions (120 minutes)

* 1.   Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –

"Will the Chief Minister update members on the compensation scheme for Historic Child Abuse victims and in particular the number of claims settled, disputed, rejected and pending; the number of claimants undergoing additional psychiatric or other assessments; and the progress on extending the Scheme to those in foster care?"

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

"Would the Minister explain why he finds it necessary to repair the Bellozanne Chimney immediately prior to demolishing it and how much this exercise is going to cost?"

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

"Will the Chief Minister clarify why the Data Protection Commissioner was able to utilise the Data Protection (Jersey) Law 2005 to prosecute former Senator S. Syvret as a data controller' and why no similar actions have yet been brought against others who run hate sites such as forums and blogs under the same provisions and in doing so would he clarify precisely which Article of the Law was utilised?"

4. Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the Minister for Economic Development –

"Would the Minister outline the steps taken by his Department to encourage play.com to remain in Jersey and state whether he is aware of the reasons why, ultimately, they decided to move?"

5. Senator A. Breckon will ask the following question of the Minister for Housing – "Does the Housing Department still need more homes for States rental?"
6. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Home Affairs –

"With reference to the arrest and detention of HG on 26th September 2010, will the Minister explain the number of examinations made by the Police Force medical examiner of this lady, the total time spent on, and the costs of, these visits; and why statements made by the Dean, his wife and the Bishop were not taken for at least 6 hours after HG's arrest?"

7. Deputy T.M. Pitman of St. Helier will ask the following question of the Minister for Home Affairs –

"Since the appointment of a specialist office to investigate cyber bullying how many complaints, if any, have been passed to the officer for investigation and how many cases, if any, have resulted in charges being brought?"

8. Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the Minister for Treasury and Resources –

"Given the recent comments made in the Royal Court, would the Minister, in his role as sole shareholder in JT, consider issuing a Ministerial directive so that JT funds, and those of the Jersey Competition Regulatory Authority, are not unnecessarily expended on expensive Court cases?"

9. Deputy G.C.L. Baudains of St. Clement will ask the following question of the Minister for Economic Development –

"Would the Minister advise whether he considers that the sanctions that are available to the Jersey Competition Regulatory Authority regarding telecommunication providers are adequate, and whether the Minister has any plans to amend or revise them?"

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

"What measures does the Minister, in conjunction with the Minister for Health and Social Services, have under consideration to increase the coverage of financial support for the up to 10,000 unpaid carers reported in JASS 2009 and 2013 and referred to in a written answer on 2nd December 2013 from the Minister for Health and Social Services and, if none, why not?"

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

"What mechanisms, if any, does the Minister have at his disposal to pursue a third party complaint on breaches of employment law by Jersey employers who use zero hours contracts to cover what, in reality, is permanent full-time employment?"

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

"Will the Minister advise who gave permission for the former La Folie Inn building, which is a proposed BLI/SSI, to be used to train emergency services and why was this building chosen when the States have many former housing properties which are to be demolished and have no historic value that could have been used?"

13. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Treasury and Resources –

"Will the Minister advise what plans there are for the use or disposal of the St Saviour's Hospital building?"

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

"Following the announcement that Camerons and a U.K. Company are to work with Jersey Development Company on the financial Quarter of the Esplanade can the Minister give details of all the companies who tendered and price quotes for the work?"

15. Deputy T.A. Vallois of St. Saviour will ask the following question of the Minister for Treasury and Resources –

"Could the Minister explain how Ministerial Decision MD-TR-2013-0106 dated 25th November 2013 concerning the delegation of Ministerial powers under the Public Finances (Jersey) Law 2005 and subordinate Regulations will enable the efficient and effective management of public finances'?"

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

1st question period – Minister for Home Affairs

2nd question period – Minister for Transport and Technical Services

10. PERSONAL STATEMENTS
11. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
12. PUBLIC BUSINESS

10th December 2013

* Minimum wage: amendment.  P.135/2013. Lodged: 29th October 2013.

Deputy G.P. Southern of St. Helier .

(debate continued from last meeting)

* Minimum wage: amendment (P.135/2013) – comments.  P.135/2013. Presented: 2nd December 2013.  Com. Minister for Social Security.

* Draft Employment (Minimum Wage) (Amendment No. 10) (Jersey) Regulations  P.131/2013. 201-.

Lodged: 22nd October 2013.

Minister for Social Security.

* Legal aid reform and access to justice: working group.  P.145/2013. Lodged: 1st November 2013.

Deputy M. Tadier of St. Brelade .

* Draft Wills and Successions (Amendment No. 2) (Jersey) Law 2013 (Appointed  P.146/2013. Day) Act 201-.

Lodged: 1st November 2013.

Chief Minister.

Public Elections: Single Transferable Voting System (STV) and an Alternative  P.86/2013. Voting System (AV).

Lodged: 17th July 2013.

Deputy M. Tadier of St. Brelade .

Public Elections: Single Transferable Voting System (STV) and an Alternative  P.86/2013. Voting System (AV) (P.86/2013) – comments.  Com. Presented: 4th September 2013.

Comité des Connétable s.

Long-Term Care Scheme. P.99/2013. Lodged: 22nd August 2013.

Minister for Social Security.

Long-Term Care Scheme (P.99/2013): amendment.  P.99/2013. Lodged: 5th November 2013.  Amd. Deputy J.H. Young of St. Brelade .

Long-Term Care Scheme (P.99/2013): second amendment.  P.99/2013. Lodged: 19th November 2013.  Amd.(2) Senator A. Breckon.

Long-Term Care Scheme (P.99/2013): third amendment.  P.99/2013. Lodged: 19th November 2013.  Amd.(3) Deputy M. Tadier of St. Brelade .

Draft Social Security (Amendment of Law No. 6) (Jersey) Regulations 201-.  P.138/2013. Lodged: 29th October 2013.

Minister for Social Security.

Draft Social Security (Amendment of Law No. 6) (Jersey) Regulations 201-  P.138/2013. (P.138/2013): amendment.  Amd. Lodged: 19th November 2013.

Deputy M. Tadier of St. Brelade .

Draft Social Security (Amendment No. 21) (Jersey) Law 201-.  P.139/2013. Lodged: 29th October 2013.

Minister for Social Security.

Draft Long-Term Care (States Contribution) (Jersey) Regulations 201-.  P.140/2013. Lodged: 29th October 2013.

Minister for Social Security.

Draft Long-Term Care (States Contribution) (Jersey) Regulations 201-  P.140/2013. (P.140/2013): amendment.  Amd. Lodged: 19th November 2013.

Senator A. Breckon.

Draft Long-Term Care (Health and Social Services Charges) (Jersey) Law 201-.  P.141/2013. Lodged: 29th October 2013.

Minister for Health and Social Services.

Draft Long-Term Care (Residency Conditions) (Jersey) Regulations 201-.  P.136/2013. Lodged: 29th October 2013.

Minister for Social Security.

Draft Social Security (Hypothecs) (Jersey) Law 201-.  P.137/2013. Lodged: 29th October 2013.

Minister for Social Security.

Draft Long-Term Care (Jersey) Law 2012 (Appointed Day) Act 201-.  P.142/2013. Lodged: 29th October 2013.

Minister for Social Security.

Draft Public Finances (Amendment of Law No. 1) (Jersey) Regulations 201-.  P.133/2013. Lodged: 24th October 2013.

Minister for Treasury and Resources.

Ratification of the Agreement between the Government of Jersey and the Swiss  P.134/2013. Federal Council for the Exchange of Information on Tax Matters.

Lodged: 28th October 2013.

Minister for External Relations.

Draft Taxation (Exchange of Information with Third Countries) (Amendment  P.143/2013. No. 8) (Jersey) Regulations 201-.

Lodged: 30th October 2013.

Minister for External Relations.

(Cannot be debated until 11th December 2013)

13. ARRANGEMENT OF PUBLIC BUSINESS 21st January 2014

Sunstone Holdings Ltd. and De Lec Ltd. – ex gratia payments to investors.  P.90/2013. Lodged: 26th July 2013.

Senator A. Breckon.

Sunstone Holdings Ltd. and De Lec Ltd. – ex gratia payments to investors  P.90/2013. (P.90/2013) – comments.  Com. Presented: 23rd September 2013.

Council of Ministers.

* Composition and election of the States Assembly: reform – proposal 1. P.93/2013. Lodged: 2nd August 2013.

Senator P.F.C. Ozouf .

* Composition and election of the States Assembly: reform – (P.93/2013,  P.93, P.94, P.94/2013, P.98/2013, P.116/2013, P.117/2013 and associated amendments) –  P.98, P.116, comments.  P.117/2013. Presented: 25th October 2013.  Com. Privileges and Procedures Committee.  (re-issue)

* Composition and election of the States Assembly: reform – proposal 1  P.93/2013. (P.93/2013) – amendment. Amd. Lodged: 3rd September 2013.

Senator L.J. Farnham .

* Composition and election of the States Assembly: reform – proposal 1  P.93/2013. (P.93/2013) – amendment (P.93/2013 Amd.) – amendment.  Amd.Amd. Lodged: 14th October 2013.

Deputy E.J. Noel of St. Lawrence .

* Composition and election of the States Assembly: reform – proposal 1  P.93/2013. (P.93/2013) – second amendment.  Amd.(2) Lodged: 22nd October 2013.

Connétable of St. Mary .

* Composition and election of the States Assembly: reform – proposal 1  P.93/2013. (P.93/2013) – third amendment.  Amd.(3) Lodged: 26th November 2013.

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

* Composition and election of the States Assembly: reform – proposal 1  P.93/2013. (P.93/2013) – third amendment (P.93/2013 Amd.(3)) – comments.  Amd.(3). Presented: 2nd December 2013.  Com. Privileges and Procedures Committee.

Committee of Inquiry: planning applications by the Channel Islands Co-operative  P.102/2013. Society Ltd.

Lodged: 28th August 2013.

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

Draft Aquatic Resources (Jersey) Law 201-.  P.114/2013. Lodged: 24th September 2013.

Minister for Economic Development.

Ratification of the Agreement between the Government of Jersey and the  P.147/2013. Republic of Croatia with respect to the Taxation of Savings Income.

Lodged: 4th November 2013.

Minister for External Relations.

EU Taxation of Savings Income Agreements: replacement of the retention tax by  P.150/2013. automatic exchange of information.

Lodged: 12th November 2013.

Minister for External Relations.

Draft Taxation (Agreements with European Union Member States) (Amendment  P.151/2013. No. 2) (Jersey) Regulations 201-.

Lodged: 12th November 2013.

Minister for External Relations.

Law Officers' Department and members of the Law Society of Jersey: revised  P.152/2013. disciplinary process.

Lodged: 13th November 2013.

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

Referenda: revised procedures.  P.153/2013. Lodged: 13th November 2013.

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

Ratification of the Convention on Mutual Administrative Assistance in Tax  P.154/2013. Matters.  (re-issue) Lodged: 26th November 2013.

Minister for External Relations.

Draft Taxation (Implementation) (Convention on Mutual Administrative  P.155/2013. Assistance in Tax Matters) (Jersey) Regulations 201-.

Lodged: 26th November 2013.

Minister for External Relations.

Housing Shadow Board: Terms of Reference and appointment of Directors.  P.156/2013. Lodged: 2nd December 2013.

Minister for Housing.

Machinery of Government: committee system.  P.157/2013. Lodged: 2nd December 2013.

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

Access to justice in Jersey: review.  P.158/2013. Lodged: 2nd December 2013.

Chief Minister.

M.N. DE LA HAYE Greffier of the States

9th December 2013 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 5th December 2013, or an item which has been moved.

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

R&O.151/2013.

By Article 1, this Order further amends the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2012 to give effect in Jersey to Council Implementing Regulation (EU) No. 1154/2013 of 15th November 2013 (OJ L 306, 16.11.2013, p.3) ("the first Implementing Regulation") and Council Implementing Regulation (EU) No. 1203/2013 of 26th November 2013 (OJ L 316, 27.11.2013, p.1) ("the second Implementing Regulation"), both implementing Regulation (EU) No. 267/2012 concerning restrictive measures against Iran.

These two Implementing Regulations each re-list on new grounds, in the lists of persons and entities subject to restrictive measures set out in Annex IX to Regulation No. 267/2012, certain persons and entities whose inclusion had been annulled by judgments of the General Court of the European Union. The first Implementing Regulation also excludes one entity from listing, following a judgment of the same court, and amends identifying information in relation to another entity. The second Implementing Regulation also removes 3 more entities from the lists and amends identifying information in relation to another entity.

Article 2 provides for the citation of this Order and for its commencement on the day after it is made. The Order was made on 5th December 2013 and came into force on 6th December 2013.

R&O.155/2013.

This Order increases, with effect from 1st January 2014, the fees payable in connection with –

1. examination or re-examination of a public service vehicle for a certificate of fitness, the grant of a licence for a public service vehicle, and an application for a badge to drive such a vehicle, under the Motor Traffic (Public Service Vehicles) (Fees) (Jersey) Order 2008 (Article 1);
2. registration of a motor vehicle, changes of registration mark, issue of trade licences and of certificates in respect of vehicle standards, under the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993 (Article 2);
3. registration of driving instructors under the Motor Cars (Driving Instruction) (Jersey) Order 1982 (Article 3);
4. applications for licensing of a vehicle which does not comply with construction and use requirements, under the Motor Vehicles (Construction and Use) (Jersey) Order 1998 (Article 4);
5. driving tests, under the Motor Vehicles (Driving Licences) (Jersey) Order 2003 (Article 5).

The fees are uprated by approximately 2.5%, except for the fee chargeable in relation to Compulsory Basic Training under the 2003 Order, which increases by 1.2%. The fees were last increased on 1st January 2013.

Article 6 provides for the title to this Order and for its commencement.

The Order was made on 6th December 2013 and comes into force on 1st January 2014.