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Consolidated Order Paper 15th July 2013

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STATES OF JERSEY ORDER PAPER

Monday 15th July 2013 CONSOLIDATED

  1. COMMUNICATIONS BY THE PRESIDING OFFICER

* Report of the Investigatory Powers Commissioner for Regulation of Investigatory  R.86/2013. Powers (Jersey) Law 2005 and Police Procedures and Criminal Evidence (Jersey)

Law 2003: 1st January to 31st December 2012.

Presented: 15th July 2013.

  1. TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)

Alternative Investment Funds (Amendment of Regulations) (Jersey) Order 2013.  R&O.95/2013. Minister for Economic Development.

Alternative Investment Funds (Jersey) Order 2013.  R&O.96/2013. Minister for Economic Development.

Financial Services (Amendment of Schedule 2 to Law) (No. 4) (Jersey) Order  R&O.97/2013. 2013.

Minister for Economic Development.

Financial Services (Financial Service Business) (Amendment) (Jersey) Order  R&O.98/2013. 2013.

Minister for Economic Development.

Collective Investment Funds (Certified Funds – Prospectuses) (Amendment)  R&O.99/2013. (Jersey) Order 2013.

Minister for Economic Development.

Terrorism (Proscribed Organizations) (Amendment No. 6) (Jersey) Order 2013.  R&O.100/2013. Minister for Home Affairs.

* Food Costs Bonus (Jersey) Order 2013.  R&O.101/2013. Minister for Social Security.

  1. DOCUMENTS PRESENTED OR LAID

Victoria and George V Cottage Homes (Repeal of General Principles)  P.44/2013. (P.44/2013): amendment (P.44/2013 Amd.) – comments.  Amd.Com. Presented: 11th July 2013.

Minister for Housing.

* Draft Social Housing (Transfer) (Jersey) Law 201- (P.63/2013): comments.  P.63/2013. Presented: 15th July 2013.  Com. Health, Social Security and Housing Scrutiny Panel.

* Draft States of Jersey (Amendment No. 7) Law 201- (P.64/2013): amendments  P.64/2013. (P.64/2013 Amds.) – comments.  Amds.Com. Presented: 15th July 2013.

Privileges and Procedures Committee.

Public Audit in Jersey.  R.77/2013. Presented: 4th July 2013.

Comptroller and Auditor General.

Land Transactions under Standing Order 168(3) –  R.78/2013.

  1. A30A and B Albert Pier – lease;
  2. S13 South Pier – variation of lease;
  3. Eagle House, Colomberie, St. Helier , for the Public to enter into a lease for

office accommodation.

Presented: 5th July 2013.

Minister for Treasury and Resources.

Jersey Gambling Commission: 2012 Annual Report and Accounts.  R.79/2013. Presented: 9th July 2013.

Minister for Economic Development.

Independent Custody Visitor Report Jersey 2012.  R.80/2013. Presented: 11th July 2013.

Minister for Home Affairs.

Land Transactions under Standing Order 168(3) – Grève de Lecq Tower Car Park,  R.81/2013. Mont de la Grève de Lecq, St. Ouen and Hotel des Pierres – proposed sale of bank.

Presented: 11th July 2013.

Minister for Treasury and Resources.

* Jersey Multi-Agency Public Protection Arrangements.  R.82/2013. Presented: 12th July 2013.

Minister for Home Affairs.

* CPreode ofsente Cd:on 15tduch Jult foyr 2013. Elected Members: use of the States e-mail system.  R.83/2013. Privileges and Procedures Committee.

* JeFinarseync Biaankl Stat Demeposentits foros Cor the mypensear endation Bed 31oarstdMa: Arnnuch 20al 13Repor. t and Audited  R.84.2013. Presented: 15th July 2013.

Minister for Economic Development.

* Jersey Appointments Commission: Annual Report for 2012.  R.85/2013. Presented: 15th July 2013.

Chief Minister.

* MePreesetintnges od: 1f t5thhe StJulatye 2013.s in 2 014.  R.87/2013. Privileges and Procedures Committee.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Draft States of Jersey (Amendment No. 7) Law 201- (P.64/2013): second  P.64/2013. amendment (P.64/2013 Amd.(2)) – amendment.  Amd.(2) Lodged: 8th July 2013.  Amd. Deputy A.K.F. Green of St. Helier .

Draft Customs and Excise (Amendment No. 7) (Jersey) Law 201-.  P.85/2013. Lodged: 11th July 2013.

Minister for Home Affairs.

  1. WITHDRAWAL OF LODGED PROPOSITIONS
  2. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
  3. MATTERS OF PRIVILEGE
  4. PETITIONS
  5. QUESTIONS
  1. – Written Questions(attached)
  1. The Minister for Economic Development will table an answer to a question asked by Senator A. Breckon regarding monies paid out to growers/glasshouse operators as part of the exit strategy.
  2. The Chairman of the Comité des Connétable s will table an answer to a question asked by Senator A. Breckon regarding the employment of trainees by Parishes.
  3. The Minister for Housing will table an answer to a question asked by Senator A. Breckon regarding the provision of accounts for the phases of the redevelopment of Le Squez and Le Marais.
  4. The Minister for Transport and Technical Services will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding problems with the Energy from Waste plant.
  5. The Minister for Transport and Technical Services will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the deterioration of the former Bouley Bay Hotel site.
  6. The Minister for Home Affairs will table an answer to a question asked by Deputy S.S.P.A. Power of St. Brelade regarding proposed dispatch times for police vehicles from the new Police Headquarters at Green Street.
  7. The Chief Minister will table an answer to a question asked by Deputy S.S.P.A. Power of St. Brelade regarding the future population strategy.
  8. The Minister for Transport and Technical Services will table an answer to a question asked by the Connétable of St. Helier regarding the use of unspent funds from the Town Park Capital vote.
  9. The Minister for Health and Social Services will table an answer to a question asked by Deputy
    1. Pitman of St. Helier regarding the treatment of Chronic Fatigue Syndrome patients.
  10. The Minister for Planning and Environment will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding the administration of the energy efficiency scheme.
  11. The Chief Minister will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding the cost of the Court case against former Senator S. Syvret.
  1. The Minister for Treasury and Resources will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding the Budget allocated to Data Protection to fund a recent Court case.
  2. The Minister for Home Affairs will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding additional suspects in a child abuse court case.
  3. The Minister for Education, Sport and Culture will table an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding a recent incident in school involving a starting pistol.
  4. The Minister for Housing will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the relocation of Le Squez Youth Club.
  5. The Minister for Education, Sport and Culture will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the future use of the present Le Squez Youth Club premises.
  6. The Minister for Planning and Environment will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding planning applications for the re-development of Le Squez.
  7. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the report entitled The Value of Jersey to Britain'.
  8. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the accuracy of the figures contained in the report The Value of Jersey to Britain'.
  9. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding Jersey managed wealth and U.K. taxes.
  10. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the credibility of the report entitled The Value of Jersey to Britain'.
  11. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding clarification of recent agreements with the U.K. Prime Minister regarding taxes.
  12. H.M. Attorney General will table an answer to a question asked by Deputy J.H. Young of St. Brelade regarding access to the transcript of the Inspector's public hearing into the Plémont development.
  13. The Minister for Planning and Environment will table an answer to a question asked by Deputy J.H. Young of St. Brelade regarding the preservation of the historic sea wall on the Esplanade.
  1. – Oral Questions (120 minutes)
  1. Senator S.C. Ferguson will ask the following question of the Minister for Treasury and Resources –

"Are JT attempting to create for themselves a monopoly in fibre routers for the broadband fibre rollout and, if so, what action, if any, does the Minister, as the shareholder representative, intend to take?"

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

"Considering the results obtained from a broadly constituted road safety workshop in which of 27 respondents on the matter of introducing a penalty points system for minor traffic offences, 19 were strongly supportive and 8 supportive, is this matter being actively addressed by the Minister and, if so, what are the next steps?"

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

"What treatment is available to ME/Chronic Fatigue sufferers within the Health and Social Services Department?"

  1. Deputy S.S.P.A. Power of St. Brelade will ask the following question of the Chief Minister –

"Notwithstanding the acknowledged quality and hard work of the Minister for Treasury and Resources, will the Chief Minister indicate whether he is content with that Minister commenting in public on the work of other Ministers and Departments and writing open letters to the media on live applications coming before the Minister for Planning and Environment, the Planning Applications Panel and the Planning and Environment Department?"

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

"Will the Chief Minister inform members of the mechanisms by which tax leakage', estimated at £600 million by the report The Value of Jersey to Britain', occurs through Jersey from UK tax revenues and state what measures, if any, he is prepared to take to close down such mechanisms identified?"

  1. The Connétable of St. Brelade will ask the following question of the Minister for Education, Sport and Culture –

"How is the Minister addressing the need to ensure  that the Jersey Curriculum is  suitably structured to provide pupils with the necessary skills for life in the 21st century, and, with increasing emphasis being placed on the teaching of more advanced skills both in Jersey and further afield, will he confirm the status of his Department's draft IT Skills Strategy?"

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

"Will the Minister advise when a decision was made to remove the children's play area at Les Quennevais Playing Fields and why?"

  1. Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the Minister for Planning and Environment –

"What has been the trend in the last 5 years in respect of nitrate levels in the water supply and, in the case of an adverse trend, what mitigation measures, if any, are in place in order to reduce levels?"

  1. Deputy J.A. Martin of St. Helier will ask the following question of the Chief Minister –

"Would the Chief Minister advise whether, under the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013, the rental market now ranges from (a) to (k), allowing a person qualified under the former 1(1)(k) category status to rent more modest accommodation than before and, if so, does he not think that opening up the market in this way will lead to higher rents overall?"

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

"Does the Chairman accept that both of the amendments to Option B being put forward (by myself and Deputy A.K.F. Green) ensure much fairer, more equal representation in regard to parity of weight of vote for St. Helier in comparison to other parishes and, further still, that both more strongly protect the continued functioning of the so called Troy Rule'?"

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

"Will the Chief Minister state what proportion of the £400 billion in specialist structures for businesses and institutions is in Jersey for the specific purpose of avoiding UK tax and advise whether the simplest of these structures, whereby a company which otherwise would have no connection with the Island is registered in Jersey for tax purposes, will continue to form the basis of our finance industry?"

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

"How many people with ME/Chronic Fatigue Syndrome are in receipt of Invalidity Benefit, how many are on Long Term Invalidity Allowance, how many are also receiving Income Support and how is the incapacity of a sufferer assessed?

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

"Given that the Privileges and Procedures Committee has the power to initiate investigations into apparent breaches of the Members' Code of Conduct, will the Chairman clarify whether his Committee have started an inquiry yet into the answers given by the Assistant Minister with responsibility for External Affairs regarding the confidentiality issues raised by two local businessmen travelling on the same flight?"

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

"Is the Council of Ministers unable or unwilling to propose the introduction of work permits and why is this the case, given their application in other similar jurisdictions?"

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

"With the introduction of Control of Housing and Work cards, what steps, if any, are being taken to assist long term residents to comply with the new requirements, whose employment or contribution history may not be continuous due to departmental procedural reasons and will arrangements be made to assist students seeking holiday jobs to obtain their necessary confirmations of attendance centrally from Education, Sport and Culture Department records?"

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

1st question period – Minister for Housing

2nd question period – Minister for Planning and Environment

  1. PERSONAL STATEMENTS

* Senator Sir Philip Bailhache will make a personal statement in response to allegations concerning confidential papers read in public view.

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

Committee of Inquiry into Historical Abuse: appointment of Chairman.  P.76/2013. Lodged: 14th June 2013.

Chief Minister.

Draft States of Jersey (Amendment No. 7) Law 201-.  P.64/2013. Lodged: 3rd June 2013.

Privileges and Procedures Committee.

Draft States of Jersey (Amendment No. 7) Law 201- (P.64/2013): amendment.  P.64/2013. Lodged: 2nd July 2013.  Amd. Deputy T.M. Pitman of St. Helier .

* Draft States of Jersey (Amendment No. 7) Law 201- (P.64/2013): amendments  P.64/2013. (P.64/2013 Amds.) – comments.  Amds.Com. Presented: 15th July 2013.

Privileges and Procedures Committee.

Draft States of Jersey (Amendment No. 7) Law 201- (P.64/2013): second  P.64/2013. amendment.  Amd.(2) Lodged: 2nd July 2013.

Deputy A.K.F. Green of St. Helier .

Draft States of Jersey (Amendment No. 7) Law 201- (P.64/2013): second  P.64/2013. amendment (P.64/2013 Amd.(2)) – amendment.  Amd.(2) Lodged: 8th July 2013.  Amd. Deputy A.K.F. Green of St. Helier .

Referendum on States reform: outcome.  P.74/2013. Lodged: 6th June 2013.

Senator B.I. Le Marquand.

Draft Succession to the Crown (Jersey) Law 201-.  P.57/2013. Lodged: 8th May 2013.

Chief Minister.

Historic buildings in Pitt Street and Dumaresq Street: request to Minister for  P.60/2013. Planning and Environment.

Lodged: 29th May 2013.

Connétable of St. Helier .

Draft Security Interests (Amendment of Law) (Jersey) Regulations 201-.  P.61/2013. Lodged: 31st May 2013.

Minister for Economic Development.

Draft Trusts (Amendment No. 6) (Jersey) Law 201-.  P.62/2013. Lodged: 31st May 2013.

Minister for Economic Development.

Draft Social Housing (Transfer) (Jersey) Law 201-.  P.63/2013. Lodged: 31st May 2013.

Minister for Housing.

* Draft Social Housing (Transfer) (Jersey) Law 201- (P.63/2013): comments.  P.63/2013. Presented: 15th July 2013.  Com. Health, Social Security and Housing Scrutiny Panel.

Victoria and George V Cottage Homes (Repeal of General Principles). P.44/2013. Lodged: 28th March 2013.

Minister for Housing.

Victoria and George V Cottage Homes (Repeal of General Principles) (P.44/2013):  P.44/2013. amendment.  Amd. Lodged: 3rd May 2013.

Deputy G.P. Southern of St. Helier .

Victoria and George V Cottage Homes (Repeal of General Principles) (P.44/2013):  P.44/2013. amendment (P.44/2013 Amd.) – comments.  Amd.Com. Presented: 11th July 2013.

Minister for Housing.

Draft Income Support (Amendment No. 9) (Jersey) Regulations 201-.  P.66/2013. Lodged: 4th June 2013.

Minister for Social Security.

Draft Dwelling-Houses (Rent Control) (Standard Tenancy Agreement)  P.68/2013. (Amendment) (Jersey) Regulations 201-.

Lodged: 4th June 2013.

Minister for Housing.

Draft Firearms (Amendment No. 3) (Jersey) Law 201-.  P.69/2013. Lodged: 4th June 2013.

Minister for Home Affairs.

Draft Security Interests (Jersey) Law 2012 (Appointed Day) Act 201-.  P.77/2013. Lodged: 18th June 2013.

Minister for Economic Development.

Draft States of Jersey (Transfer of Functions No. 6) (Economic Development and  P.75/2013. Treasury and Resources to Chief Minister) (Jersey) Regulations 201-.

Lodged: 6th June 2013.

Chief Minister.

(Cannot be debated until 18th July 2013)

Draft States of Jersey (Transfer of Functions No. 6) (Economic Development and  P.75/2013. Treasury and Resources to Chief Minister) (Jersey) Regulations 201- (P.75.2013):  Com. comments.

Presented: 20th June 2013.

Chairmen's Committee.

Draft States of Jersey Police Force Law 2012 (Appointed Day) Act 201-.  P.78/2013. Lodged: 18th June 2013.

Minister for Home Affairs.

  1. ARRANGEMENT OF PUBLIC BUSINESS 10th September 2013

Chief Minister and Chairman of Comité des Connétable s: monthly meetings. P.51/2013. Lodged: 16th April 2013.

Deputy M. Tadier of St. Brelade .

Chief Minister and Chairman of Comité des Connétable s: monthly meetings  P.51/2013. (P.51/2013) – comments. Com. Presented: 13th May 2013.

Comité des Connétable s.

Chief Minister and Chairman of Comité des Connétable s: monthly meetings  P.51/2013. (P.51/2013) – comments. Com.(2). Presented: 13th May 2013.

Council of Ministers.

Draft States of Jersey (Minister for External Relations) (Jersey) Regulations 201-.  P.67/2013. Lodged: 4th June 2013.

Chief Minister.

Draft Loi (201-) (Amendement) sur la Voirie.  P.70/2013. Lodged: 4th June 2013.

Comité des Connétable s.

Draft Public Finances (Amendment No. 4) (Jersey) Law 201-.  P.73/2013. Lodged: 6th June 2013.

Minister for Treasury and Resources.

Jersey Appointments Commission: re-appointment of member.  P.79/2013. Lodged: 25th June 2013.

Chief Minister.

Draft Adoption (Amendment No. 6) (Jersey) Law 201-.  P.80/2013. Lodged: 25th June 2013.

Chief Minister.

British Nationality Act (H.M. Armed Forces Exemption) Bill: extension to Jersey.  P.81/2013. Lodged: 25th June 2013.

Chief Minister.

Committee of Inquiry: costs for local businesses.  P.82/2013. Lodged: 27th June 2013.

Senator A. Breckon.

Commissioners of Appeal for Taxes Office: re-appointment of members.  P.83/2013. Lodged: 28th June 2013.

Minister for Treasury and Resources.

Draft Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment)  P.84/2013. (Amendment) (Jersey) Law 201-.

Lodged: 2nd July 2013.

Chief Minister.

Draft Customs and Excise (Amendment No. 7) (Jersey) Law 201-.  P.85/2013. Lodged: 11th July 2013.

Minister for Home Affairs.

24th September 2013

Hospital Outpatients: re-introduction of prescriptions charges.  P.72/2013. Lodged: 4th June 2013.

Minister for Health and Social Services.

M.N. DE LA HAYE Greffier of the States

15th July 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 10th July 2013, or an item which has been

moved.

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

* R&O.101/2013.

This Order sets the rate of Food Cost Bonus for 2013 as £220.98.

This represents an increase of 1.2% on the rate set for 2012, having regard to the 1.2% increase in the Jersey RPI Food Group as at March 2013.

The Order was made on 12th July 2013 and comes into force on 19th July 2013.

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