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Consolidated Order Paper 19th November 2013

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STATES OF JERSEY ORDER PAPER

Tuesday 19th November 2013 CONSOLIDATED

  1. COMMUNICATIONS BY THE PRESIDING OFFICER
  2. TABLING OF SUBORDINATE ENACTMENTS
  3. DOCUMENTS PRESENTED OR LAID

* Dental Health Services: improvements (P.127/2013) – comments.  P.127/2013. Presented: 18th November 2013.  Com. Minister for Social Security.

* Ex GPreseratnteid:a  pay19tmh Nentov temo Tbererry 2013. McDonald (P.130/2013): comments.  P.130/20Com13.. Minister for Home Affairs.

States Investment Strategies.  R.139/2013. Presented: 11th November 2013.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) –  R.140/2013.

  1. Bonne Nuit back leading light, Bonne Nuit, St. John – lease;
  2. V26 Victoria Pier – lease;
  3. Fields 800, 800A and 801, Claremont Road, St. Saviour – lease;
  4. Peverell, La Grande Route de la Côte (A4) – acquisition of pavement;
  5. Maison St. Louis Observatory Flat, Highlands Lane, St. Saviour – lease;
  6. St. Mary 's Country Inn, La Rue des Buttes, St. Mary – acquisition of land.

Presented: 13th November 2013.

Minister for Treasury and Resources.

Care Inspectorate Report of a follow-up inspection of services for looked-after  R.141/2013. children in the States of Jersey: September 2013.

Presented: 13th November 2013.

Minister for Health and Social Services.

States of Jersey Complaints Board: findings – complaint against a decision of the  R.142/2013. Minister for Social Security and the Department for Social Security regarding the

handling of an application for Income Support.

Presented: 15th November 2013.

Privileges and Procedures Committee.

* Land Transactions under Standing Order 168(3) – 32 Oak Tree Gardens,  R.143/2013. St. Helier – sale.

Presented: 19th November 2013.

Minister for Treasury and Resources.

Energy Policy.  S.R.12/2013. Presented: 14th November 2013.

Environment Scrutiny Panel.

* Car Parks Trading Fund.  P.A.C.3/2013. Presented: 19th November 2013.

Public Accounts Committee.

  1. NOTIFICATION OF LODGED PROPOSITIONS

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

* LongLodged:-Ter19tm Ch Nare Scheovemberme ( 2013.P.99/2013): third amendment.  P.99Am/201d.(3)3. Deputy M. Tadier of St. Brelade .

* DLodgraft Bed:udg 19teth N Statovemementber 20 2013.14 (P.122/2013): amendment.  P.122/20Am13.d. Deputy G.P. Southern of St. Helier .

* DLodgraft Bed:udg 19teth N Statovemementber 20 2013.14 (P.122/2013): second amendment.  P.122/20Amd.(13.2) Connétable of St. Helier .

* DLodgrafted:Budg 19teth N Statovemementber 20 2013.14 (P.122/2013): third amendment.  P.122/20Amd.(13.3) Deputy G.P. Southern of St. Helier .

* D(P.140raft Long/2013-T):eramm Cendmare (entSt.ates Contribution) (Jersey) Regulations 201-  P.140/20Am13.d. Lodged: 19th November 2013.

Senator A. Breckon.

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 .

  1. WITHDRAWAL OF LODGED PROPOSITIONS

In accordance with Standing Order 34(1), the proposers of the following propositions lodged au Greffe' have informed the Greffier of the States that they are to be withdrawn –

Law Officers' Department: revised disciplinary process.  P.109/2013. Lodged: 10th September 2013.

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

* Minister for Planning and Environment: Vote of No Confidence.  P.148/2013. Lodged: 5th November 2013.

Deputy of St. Martin .

  1. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
  2. MATTERS OF PRIVILEGE
  3. PETITIONS
  4. QUESTIONS
  1. Written Questions(attached)
  1. The Minister for Health and Social Services will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding Tamiflu.
  2. 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 Energy from Waste Plant.
  3. The Minister for Health and Social Services will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding Gardasil vaccines.
  4. The Chairman of Privileges and Procedures Committee will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding access to the 2006 MORI poll results.
  5. The Minister for Home Affairs will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the treatment by the Police and the Court of the woman known as HG.
  6. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding a review of the HG case.
  7. The Minister for Home Affairs will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding HG and her departure from the Island.
  8. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding Civil Services and Public Sector codes.
  9. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the impact of Bulgarian and Romanian immigration to the Island.
  1. The Minister for Education, Sport and Culture will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the investigations into the starting pistol incident at a secondary school.
  2. The Minister for Treasury and Resources will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the number of residents in Jersey with Entitled status (former
    1. status) who are also French nationals.
  3. The Minister for Home Affairs will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the progress on the introduction of penalties for littering and dog fouling.
  4. The Minister for Treasury and Resources will table an answer to a question asked by Deputy J.H. Young of St. Brelade regarding procedures used by Income Tax to administer ITIS rates.
  5. The Chief Minister will table an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the Independent Judicial Appointments Commission.
  6. The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the number of tenants re-charged for repairs.
  7. The Minister for Economic Development will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the Channel Islands Competition Regulatory Authority's review of heating oil prices.
  8. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding a breakdown of Long Term Incapacity Allowance benefits by percentage.
  9. The Minister for Transport and Technical Services will table an answer to a question asked by Deputy J.H. Young of St. Brelade regarding the chronology of key events in respect of the Planning application for the storage of asbestos.
  10. The Minister for Planning and Environment will table an answer to a question asked by Deputy J.H Young of St. Brelade regarding the chronology of key events in respect of an application for storage of asbestos.
  1. Oral Questions (120 minutes)
  1. Deputy T.A. Vallois of St. Saviour will ask the following question of the Chief Minister –

"Could the Chief Minister advise what action, if any, the States Employment Board has taken in respect of the six recommendations laid out in the Chapman Report of 2009 and whether the policies and legislation which exist within the public sector in respect of bullying and harassment are in fact collective and understandable to all employees?"

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

"Further to the Minister's response on 15th July 2013, will he advise what progress, if any, has been made towards the reinstatement of the playground on Les Quennevais Playing Fields which was removed earlier in the year?"

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

"Would the Minister inform Members whether there is a set procedure in place for when Courts bind over' convicted persons from Jersey to the UK and, if so, was the lady known as HG's removal from the Island within the set procedure?"

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

"Will the Minister inform members of the number of carers in receipt of the Income Support Carer's component attached to level 3 impairment, along with the number claiming Invalid Care Allowance (now the Home Carer's Allowance) over the period 2008 -2012 and state what plans, if any, he has under consideration in conjunction with the Minister for Health and Social Services to better deliver home care in the future?"

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

"Would the Minister advise the timetable for the completion of the engineering works at Ann Court and for the delivery of underground car parking for shoppers?"

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

"Will the Minister justify appointing an individual as a Planning Inspector to conduct an inquiry into the review of the Island Plan, when a request for a review has been submitted to the Complaints Panel in respect of the previous inquiry conducted by this person in September 2011 and would he advise when the statutory record of this inquiry, which the inspector is required to produce, will be available?"

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

"Give that the Council of Ministers gave its unequivocal support for the Minister for Transport and Technical in its recent comments on P.129/2013 (vote of censure), would the Chief Minister advise whether such support applies to all his Ministers and, if not, which ones does he not support?"

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

"Would the Chief Minister support calls by the former Director of Public Prosecutions Keir Starmer for a change in the Law to make it mandatory for all persons in authority, or who have responsibility in relation to children, to report child abuse where they believe that a child has been abused or is about to be abused under penalty of imprisonment or a fine and, if not, why not?"

  1. Deputy J.M. Maçon of St. Saviour will ask the following question of the Minister for Education, Sport and Culture –

"When will the internal review into the serious incident at Le Rocquier School involving a starting pistol be completed and what access, if any, will States Members have to this report?"

  1. Deputy M.R. Higgins of St. Helier will ask the following question of H.M. Attorney General –

"Will H.M. Attorney General be adopting the new Crown Prosecution Service guidelines relating to the prosecution of very difficult child abuse cases, particularly those that make clear that the focus for prosecutors must be on the credibility of the allegation being made and underline that the task is to build strong cases by linking evidence rather than failing to bring cases because of perceived weaknesses in the victim?"

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

"With moves to increase financial business with China, can the Minister clarify what measures, if any, are being undertaken to challenge the Chinese government on its continuing record of Human Rights abuses and if none, why not?"

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

"Will the Minister confirm whether the two latest applications for the development of the Esplanade car park site by the States of Jersey Development Company are required to comply with every aspect of the Hopkins Masterplan, as amended by his predecessor, including lowering the road, public domain improvements and elements other than offices and, if so, what measures will he be taking to ensure that such applications fully comply?"

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

"Will the Minister advise whether a transfer' fare will be introduced by Liberty Bus, so that passengers needing to change bus in St Helier will not be required to pay two fares and, if not why not?"

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

"Will the Minister inform members what has happened to the price of domestic heating oil to date since the report of the Jersey Competition Regulatory Authority in February 2012, in which the price of oil rose over the period of 2009-2011 by 40% and the margin over UK prices tripled over the decade to 2011, and advise what action, if any, he has taken to mitigate these rises?"

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

"Would the Minister explain his strategy for the future of the Central and Beresford Markets, including any proposals in relation to traders' leases?"

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

1st question period – Minister for Economic Development 2nd question period – Minister for Planning and Environment

  1. PERSONAL STATEMENTS
  1. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY

* The Chief Minister will make a statement about public sector pay.

  1. PUBLIC BUSINESS

Public Sector Reform.  P.91/2013. Lodged: 26th July 2013.

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

The Law Society of Jersey Disciplinary Panel: appointment of lay members. P.104/2013. Lodged: 3rd September 2013.

Chief Minister.

Commissioner for Standards: establishment.  P.107/2013. Lodged: 9th September 2013.

Privileges and Procedures Committee.

Draft Shipping (Safety Codes – Yachts and Small Ships) (Jersey) Regulations 201-.  P.118/2013. Lodged: 30th September 2013.

Minister for Economic Development.

Jersey Heritage Trust: amendments to Constitution.  P.119/2013. Lodged: 2nd October 2013.

Minister for Education, Sport and Culture.

The Lord Portsea Gift Fund: revised rules and conditions.  P.126/2013. Lodged: 8th October 2013.

Minister for Education, Sport and Culture.

Dental Health Services: improvements.  P.127/2013. Lodged: 9th October 2013.

Deputy G.P. Southern of St. Helier .

* Dental Health Services: improvements (P.127/2013) – comments.  P.127/2013. Presented: 18th November 2013.  Com. Minister for Social Security.

States Members' remuneration: proposed increase 2014. P.128/2013. Lodged: 11th October 2013.

Connétable of St. John .

Ex Gratia payment to Mr. Terry McDonald.  P.130/2013. Lodged: 22nd October 2013.

Deputy of St. Martin .

* Ex Gratia payment to Terry McDonald (P.130/2013): comments.  P.130/2013. Presented: 19th November 2013.  Com. Minister for Home Affairs.

  1. ARRANGEMENT OF PUBLIC BUSINESS 3rd December 2013

Draft Budget Statement 2014.  P.122/2013. Lodged: 8th October 2013.

Minister for Treasury and Resources.

* Draft Budget Statement 2014 (P.122/2013): amendment.  P.122/2013. Lodged: 19th November 2013.  Amd. Deputy G.P. Southern of St. Helier .

* DLodgraft Bed:udg 19teth N Statovemementber 20 2013.14 (P.122/2013): second amendment.  P.122/20Amd.(13.2) Connétable of St. Helier .

* DLodgrafted:Budg 19teth N Statovemementber 20 2013.14 (P.122/2013): third amendment.  P.122/20Amd.(13.3) Deputy G.P. Southern of St. Helier .

Draft Finance (2014 Budget) (Jersey) Law 201-.  P.123/2013. Lodged: 8th October 2013.

Minister for Treasury and Resources.

Draft Income Tax (Amendment No. 43) (Jersey) Law 201-.  P.124/2013. Lodged: 8th October 2013.

Minister for Treasury and Resources.

Draft Income Tax (Prescribed Limit and Rate) (Jersey) Regulations 201-.  P.125/2013. Lodged: 8th October 2013.

Minister for Treasury and Resources.

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.94/2013,  P.93, P.94, P.98/2013, P.116/2013, P.117/2013 and associated amendments) – comments.  P.98, P.116, Presented: 25th October 2013.  P.117/2013. Privileges and Procedures Committee.  Com.

(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 .

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

Lodged: 22nd October 2013.

Minister for Social Security.

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

Deputy G.P. Southern of St. Helier .

Agent of the Impôts: appointment.  P.144/2013. Lodged: 1st November 2013.

Minister for Home Affairs.

(in camera debate)

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.

Committee of Inquiry into Historical Abuse: appointment of Chairman and  P.149/2013. members.

Lodged: 5th November 2013.

Chief Minister.

10th December 2013

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

Senator A. Breckon.

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.

* LongLodged:-Ter19tm Ch Nare Scheovemberme ( 2013.P.99/2013): third amendment.  P.99Am/201d.(3)3. Deputy M. Tadier of St. Brelade .

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)

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

Minister for Social Security.

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.

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.

* Jersey Innovation Fund: Board remuneration.  P.121/2013. Lodged: 4th October 2013.

Minister for Economic Development.

Ratification of the Agreement between the Government of Jersey and the Republic  P.147/2013. 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 .

M.N. DE LA HAYE Greffier of the States

18th November 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 14th November 2013, or an item which has been

moved.