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States Order Paper 16th April 2013

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STATES OF JERSEY ORDER PAPER

Tuesday 16th April 2013

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

Employment (Minimum Wage) (Amendment No. 6) (Jersey) Order 2013.  R&O.39/2013. Minister for Social Security.

Social Security (General Benefit) (Amendment No. 5) (Jersey) Order 2013.  R&O.40/2013. Minister for Social Security.

Social Security (Old Age Pensions and Survivor's Benefit) (Amendment) (Jersey)  R&O.41/2013. Order 2013.

Minister for Social Security.

Community Provisions (Restrictive Measures – Iran) (Amendment No. 3) (Jersey)  R&O.42/2013. Order 2013.

Deputy Chief Minister, for and on behalf of Chief Minister.

Motor Traffic (Third-Party Insurance) (Expenses Limits) (Amendment) (Jersey)  R&O.43/2013. Order 2013.

Minister for Health and Social Services.

Health Insurance (Pharmaceutical Benefit) (General Provisions) (No. 2)  R&O.44/2013. (Amendment No. 10) (Jersey) Order 2013.

Minister for Social Security.

Community Provisions (Restrictive Measures – Zimbabwe) (No. 6) (Amendment  R&O.45/2013. No. 7) (Jersey) Order 2013.

Chief Minister.

Social Security (2013 Old Age Pension Adjustment) (Jersey) Order 2013.  R&O.46/2013. Minister for Social Security.

Income Support (General Provisions) (Amendment No. 10) (Jersey) Order 2013.  R&O.47/2013. Minister for Social Security.

  1. DOCUMENTS PRESENTED OR LAID

Island Plan 2011: wind-farms (P.27/2013) – comments. P.27/2013. Presented: 4th April 2013.  Com. Minister for Planning and Environment.

Tourism Development Fund: report for 2012. R.25/2013. Presented: 22nd March 2013.

Minister for Economic Development.

Prison Board of Visitors: Annual Report 2012. R.26/2013. Presented: 28th March 2013.

Minister for Home Affairs.

Green Street Police HQ: Traffic and Parking (S.R.3/2013) – response of the  S.R.3/2013. Minister for Planning and Environment.  Res. Presented: 12th April 2013.

Minister for Planning and Environment.

Jersey Innovation Fund. S.R.4/2013. Presented: 27th March 2013.

Economic Affairs Scrutiny Panel.

Starter Home Deposit Loan Scheme. S.R.5/2013. Presented: 4th April 2013.

Corporate Services Scrutiny Panel.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Draft Restriction on Smoking (Advertising, Promotion and Display) (Jersey)  P.17/2013. Regulations 201- (P.17/2013): amendment. Amd. Lodged: 9th April 2013.

Minister for Health and Social Services.

Referendum on States reform: minimum turnout threshold (P.39/2013) –  P.39/2013. amendment. Amd. Lodged: 4th April 2013.

Connétable of St. John .

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

Minister for Housing.

Draft Procureurs du Bien Public (Terms of Office) (Jersey) Law 201-. P.45/2013. Lodged: 2nd April 2013.

Comité des Connétable s.

Ratification of the Agreement between the Government of Jersey and the  P.46/2013. Government of the Isle of Man for the Avoidance of Double Taxation and the

Prevention of Fiscal Evasion with Respect to Taxes on Income.

Lodged: 3rd April 2013.

Chief Minister.

Ratification of the Agreement between the Government of Jersey and the States of  P.47/2013. Guernsey for the Avoidance of Double Taxation and the Prevention of Fiscal

Evasion with Respect to Taxes on Income.

Lodged: 3rd April 2013.

Chief Minister.

Draft Unlawful Public Entertainments (Jersey) Regulations 201-. P.48/2013. Lodged: 8th April 2013.

Minister for Home Affairs.

Manual Workers' Joint Council: Employers' Side membership.  P.49/2013. Lodged: 10th April 2013.

States Employment Board.

  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 Transport and Technical Services will table an answer to a question asked by the Connétable of St. John regarding updates to the Road Traffic (Jersey) Law 1956 relating to tractors.
  2. The Chief Minister will table an answer to a question asked by Deputy R.G. Le Herissier of St. Saviour regarding the publication of public sector salaries over £100,000.
  3. The Minister for Home Affairs will table an answer to a question asked by the Connétable of St. John regarding a reduction in Jersey's contribution to UK defence.
  4. The Minister for Transport and Technical Services will table an answer to a question asked by the Connétable of St. John regarding the costs associated with using salt on the roads when it snows.
  5. H.M. Attorney General will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding legal protection for Planning Application Panel members.
  6. The Minister for Economic Development will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the supply of Super Unleaded fuel to the Island.
  7. The Minister for Housing will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the redevelopment of Le Squez.
  8. The Minister for Treasury and Resources will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the evaluation of projects for fiscal stimulus.
  9. 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 bus service.
  10. H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding public officials who fail to investigate allegations against colleagues.
  11. H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding police investigations.
  1. H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the status of the Police Association as a public body.
  2. The Minister for Housing will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the impact of the Housing Transformation Programme rent increase proposals on both inflation and deflation.
  3. The Minister for Social Security will table an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the sustainability of Income Support expenditure.
  4. The Minister for Treasury and Resources will table an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the accountability of the Board of JT.
  5. The Minister for Transport and Technical Services will table an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding the current operational status of the Energy from Waste plant.
  6. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the impact of index linking social rents on underlying inflation.
  7. The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding future demands for social rented accommodation.
  8. The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding fair rents for the full range of social rental properties.
  9. The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding increased rental income.
  10. The Chairman of the Comité des Connétable s will table an answer to a question asked by Deputy
    1. Tadier of St. Brelade regarding attendance at Parish Meetings.
  11. The Minister for Treasury and Resources will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding housing projects completed with fiscal stimulus funding.
  12. The Chief Minister will table an answer to a question asked by Deputy T.A. Vallois of St. Saviour regarding the roles played by senior civil servants in the reform of the Public Sector.
  13. The Minister for Housing will table an answer to a question asked by Deputy T.A. Vallois of St. Saviour regarding the development of social housing units since the beginning of rent rebate/abatement.
  14. The Minister for Health and Social Services will table an answer to a question asked by Deputy T.A. Vallois of St. Saviour regarding increases in bowel diseases.
  15. The Minister for Health and Social Services will table an answer to a question asked by Deputy T.A. Vallois of St. Saviour regarding the funding of the Integrated Care Record Project.
  16. The Minister for Treasury and Resources will table an answer to a question asked by Deputy J.H. Young of St. Brelade regarding the proposed transfer of land at the Plémont Holiday Village either to public ownership or to an appropriate body or trust for public access.
  17. The Minister for Planning and Environment will table an answer to a question asked by Deputy J.H. Young of St. Brelade regarding the proposed transfer of land from the owners of the Plémont Holiday Village to an appropriate body or trust.
  1. The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the findings of the 2012 Housing Affordability Survey and the the Better Life Index 2013.
  1. – Oral Questions (120 minutes)
  1. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister–

"Will the Chief Minister inform members what progress, if any, has been made towards the introduction of a Jersey equivalent to Transfer of Undertakings Protection of Employment (TUPE) Regulations and when he envisages that they will be debated by the Assembly?"

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

"Will the Minister collate, in conjunction with H.M. Attorney General, the full costs of the legal action against H.M. Government over the removal of Low Value Consignment Relief and advise members of the total cost of the action to the States of Jersey; the breakdown of these costs into lawyers' fees, UK Government costs and other costs; and explain how much of the total cost the private sector contributed?"

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

"Will the Minister inform the Assembly whether his Departmental review of the policies of the Island Plan 2011 has confirmed a significant shortfall in the supply of Category A' and affordable homes since 2011, and, if so, what action he is taking to bring forward revisions to the Island Plan policies to ensure this shortfall is eliminated and the future need for affordable housing is met?"

  1. Deputy M. Tadier of St. Brelade will ask the following question of the Chairman of the Comité des Connétable s –

"Can the Chairman confirm that, as the role of Constable is an honorary position with Constables only being paid in relation to their membership of the States, the position would remain unpaid if they were to lose their ex-officio States role?"

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

"What number of domestic connections per month are required to ensure the viability of the Gigabit project and what numbers have been connected per month in the period January to March 2013?"

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

"Is the Minister satisfied with the quality of road resurfacing by his Department and trench reinstatement by utility companies and, if not, would he advise what action he intends to take?"

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

"Given the recent savings which have been made across States Departments, what consideration, if any, has the Minister given to using some of these underspends to extend mains drains across the Island?"

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

"With reference to the Foreign Account Tax Compliance Act agreements between the United Kingdom and United States governments, can the Chief Minister confirm whether these agreements are proactive or reactive for practitioners in Jersey?"

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

"Could the Minister advise what support his department is providing and its overall involvement in the reform of the public sector?"

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

"What action, if any, is the Minister able to take to ensure that those employers who hold vacant non locally qualified licenses and who are therefore in a position to employ people newly arrived in the Island, offer the posts to locally qualified persons?"

  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 clarify whether the Committee has had any contact or complaints from the public relating to alleged Data Protection breaches involving the Assistant Chief Minister reading documents identifying the victim and alleged abuser in the Dean of Jersey suspension of Commission case?"

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

"How will the findings of the McKinsey study into the future of Jersey's finance industry affect the economic growth strategy, if at all?"

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

"Would the Minister advise whether there was a succession plan in place for the Chief Ambulance Officer's position and, if so, why was it necessary to advertise the post?"

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

"Does the Chairman agree that whilst the inclusion of the Constables in the States Assembly is not a pre-requisite for democracy, voter equity is and what advice, if any, has been taken regarding the likely consequences of not meeting the Venice commissions' guidelines on voter equity if either Option B or C is selected as a basis for the States Assembly after 2014?"

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

"Can the Minister explain what rationale, if any, underpins the use of 90% of market rents as the basis for social or affordable rents in Jersey and why is the basis of 80% of market rates not used in line with UK authorities?

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

"Following the incorporation of JT would the Minister explain the procedure (including those involved in the process) for appointing members to the Company's Board?"

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

"Will the Minister explain why it is considered necessary to spend £694,000 on carrying out refurbishment of Maritime House for the occupation of the Jersey Property Holdings Department and whether there will be any financial benefits or savings from this expenditure?"

  1. Deputy M. Tadier of St. Brelade will ask the following question of the Chief Minister –

"Will Chief Minister advise in what capacity the Chairman of the Comité des Connétable s has a seat at the Council of Ministers' meetings and can he confirm that if the Constables lose their automatic right to sit in the States Assembly, he will work closely with the Comité to provide a mechanism to ensure  that consultation takes place between Ministers and  Constables  when appropriate?"

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

Starter Home Deposit Loan Scheme.  P.131/2012. Lodged: 4th December 2012.

Minister for Treasury and Resources.

Island Plan 2011: wind-farms.  P.27/2013. Lodged: 12th February 2013.

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

Island Plan 2011: wind-farms (P.27/2013) – comments. P.27/2013. Presented: 4th April 2013.  Com. Minister for Planning and Environment.

Draft Taxation (Implementation) (Amendment) (Jersey) Law 201-.  P.30/2013. Lodged: 22nd February 2013.

Chief Minister.

Jersey Competition Regulatory Authority: re-appointment of Chairman.  P.32/2013. Lodged: 28th February 2013.

Minister for Economic Development.

Draft States of Jersey (Amendment No. 6) Law 201-.  P.34/2013. Lodged: 5th March 2013.

Chief Minister.

Draft Register of Names and Addresses (Register Entries) (Jersey) Regulations  P.35/2013. 201-.

Lodged: 5th March 2013.

Chief Minister.

Referendum on States reform: minimum turnout threshold.  P.39/2013. Lodged: 19th March 2013.

Deputy J.M. Maçon of St. Saviour .

Referendum on States reform: minimum turnout threshold (P.39/2013) –  P.39/2013. amendment. Amd. Lodged: 4th April 2013.

Connétable of St. John .

  1. ARRANGEMENT OF PUBLIC BUSINESS 30th April 2013

Jersey Innovation Fund: establishment, funding and operation.  P.124/2012. Lodged: 20th November 2012.

Minister for Treasury and Resources.

Draft Restriction on Smoking (Advertising, Promotion and Display) (Jersey)  P.17/2013. Regulations 201-.

Lodged: 6th February 2013.

Minister for Health and Social Services.

Draft Restriction on Smoking (Advertising, Promotion and Display) (Jersey)  P.17/2013. Regulations 201- (P.17/2013): amendment. Amd. Lodged: 9th April 2013.

Minister for Health and Social Services.

Draft Restriction on Smoking (Amendment No. 3) (Jersey) Law 201-.  P.18/2013. Lodged: 7th February 2013.

Minister for Health and Social Services.

The Reform of Social Housing.  P.33/2013. Lodged: 4th March 2013.

Council of Ministers.

Jersey Music Service: introduction of user pays' charges.  P.36/2013. Lodged: 8th March 2013.

Minister for Education, Sport and Culture.

Living Wage for Jersey: investigation.  P.37/2013. Lodged: 18th March 2013.

Deputy G.P. Southern of St. Helier .

Draft Wills and Successions (Amendment No. 2) (Jersey) Law 201-.  P.38/2013. Lodged: 19th March 2013.

Chief Minister.

Draft Policing of Parks (Amendment No. 5) (Jersey) Regulations 201-.  P.41/2013. Lodged: 20th March 2013.

Minister for Transport and Technical Services.

Draft Control of Housing and Work (Jersey) Law 2012 (Appointed Day) Act 201-.  P.42/2013. Lodged: 20th March 2013.

Chief Minister.

Draft Register of Names and Addresses (Jersey) Law 2012 (Appointed Day) Act  P.43/2013. 201-.

Lodged: 20th March 2013.

Chief Minister.

14th May 2013

Code of Conduct for Elected Members: Commissioner for Standards.  P.4/2013. Lodged: 14th January 2013.

Privileges and Procedures Committee.

Draft Discrimination (Jersey) Law 201-.  P.6/2013. Lodged: 15th January 2013.

Minister for Social Security.

Parish Rates: the States' liability.  P.40/2013. Lodged: 20th March 2013.

Connétable of St. Helier .

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

Minister for Housing.

Draft Procureurs du Bien Public (Terms of Office) (Jersey) Law 201-. P.45/2013. Lodged: 2nd April 2013.

Comité des Connétable s.

Manual Workers' Joint Council: Employers' Side membership.  P.49/2013. Lodged: 10th April 2013.

States Employment Board.

4th June 2013

Committee of Inquiry: costs for local businesses.  P.31/2013. Lodged: 25th February 2013.

Senator A. Breckon.

Ratification of the Agreement between the Government of Jersey and the  P.46/2013. Government of the Isle of Man for the Avoidance of Double Taxation and the

Prevention of Fiscal Evasion with Respect to Taxes on Income.

Lodged: 3rd April 2013.

Chief Minister.

Ratification of the Agreement between the Government of Jersey and the States of  P.47/2013. Guernsey for the Avoidance of Double Taxation and the Prevention of Fiscal

Evasion with Respect to Taxes on Income.

Lodged: 3rd April 2013.

Chief Minister.

Draft Unlawful Public Entertainments (Jersey) Regulations 201-. P.48/2013. Lodged: 8th April 2013.

Minister for Home Affairs.

A.H. HARRIS Deputy Greffier of the States

11th April 2013 Note –

In accordance with the meeting dates fixed for 2013 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 17th and Thursday 18th April 2013.

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

R&O.39/2013.

This Order increases the basic minimum wage and the minimum wage for trainees with effect from 1st April 2013. It also introduces a second tier minimum wage rate for trainees.

The minimum wage is increased by 0.75%, to an hourly rate of £6.53.

The minimum wage for a trainee is 75% of the basic minimum wage described above. Accordingly, the minimum wage for a trainee is increased to an hourly rate of £4.90.

These rates were last increased on 1st April 2012.

In addition, a second tier minimum wage for trainees is introduced, which is set at 87.5% of the basic minimum wage described above and therefore is £5.71.

The minimum wage is set at a lower hourly rate at any time when an employee is a trainee, as defined in the Employment (Minimum Wage) (Jersey) Regulations 2004. Those Regulations were amended by the Employment (Minimum Wage) (Amendment No. 9) (Jersey) Regulations 2013 so as to increase the period during which an employee might be categorized as a trainee, by virtue of undergoing training for his or her job, from the first year for which the employee is in the job to the first 2 years that the employee is in the job. The second tier minimum wage for a trainee, then, applies to a trainee once he or she has completed 12 months of training.

The Order was made on 22nd March 2013 and came into force on 1st April 2013. R&O.40/2013.

This Order amends the Social Security (General Benefit) (Jersey) Order 1975, consequentially upon the enactment of the Social Security (Amendment of Law No. 5) (Jersey) Regulations 2013 (R&O.34/2013). Those Regulations insert a new Part 1A in Schedule 1 to the Social Security (Jersey) Law 1974. Part 1A sets the weekly rate of old age pension and specifies how it is to be increased each year. Formerly, this was specified in Part 1 of Schedule 1 to the Law.

The purpose of the amendment made by this Order is to extend the rule in Article 4(1) of the Social Security (General Benefit) (Jersey) Order 1975 so that it applies to the weekly rates of old age pension specified in Part 1A of Schedule 1 to the Social Security (Jersey) Law 1974. The rule in Article 4(1) is that a weekly rate of benefit that is not divisible by 7 is increased to the next higher amount that is divisible by 7.

The Order was made on 22nd March 2013 and came into force on 26th March 2013. R&O.41/2013.

This Order amends the Social Security (Old Age Pensions and Survivor's Benefit) (Jersey) Order 2001. The amendments do not make any substantive change to that Order. The amendments merely update cross references to provisions in Schedule 1 to the Social Security (Jersey) Law 1974 which are moved and altered by the Social Security (Amendment of Law No. 5) (Jersey) Regulations 2013 (R&O.34/2013).

The Order was made on 22nd March 2013 and came into force on 26th March 2013. R&O.42/2013.

This Order gives effect to the amendments to Council Regulation (EU) No. 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran that are made by Council Implementing Regulation (EU) No. 206/2013 of 11 March 2013 (O.J. No. L 68/9, 12.3.2013). That Regulation adds persons and an entity to the list of persons and entities in Annex I in the amended Regulation.

The Order was made on 25th March 2013 and came into force on 26th March 2013.

R&O.43/2013.

This Order increases the maximum expenses that may be recovered from a motor vehicle insurer for the treatment of injuries caused by a road traffic accident. The maximum amounts came into force on 26th February 2013 and were set at amounts equal to the amounts then recoverable in England. The amounts recoverable in England are uplifted on 1st April every year. This increase to the Jersey amounts will keep them equal to the amounts recoverable in England with effect from 1st April 2013.

The Order was made on 25th March 2013 and came into force on 1st April 2013. R&O.44/2013.

This Order revises the basic dispensing fee payable to pharmacists on a supply of pharmaceutical benefit and the percentages applied to reduce the aggregate amount payable to an approved supplier in respect of the supply of pharmaceutical benefit in a month.

A 2 tier rate is introduced in respect of the basic dispensing fee paid to a pharmacist who is an approved supplier under the Health Insurance (Jersey) Law 1967 for each item of pharmaceutical benefit supplied on a subscription. The amount paid for each item supplied at the first tier rate is increased.

For the period 1st May 2013 to 30th September 2013 inclusive, a pharmacist will receive a basic dispensing fee of £3.40 for the 20,833 items he or she supplies (the first tier) , and a basic dispensing fee of £3.13 for each item further item dispensed in the period (the second tier).

After that, for each year commencing on 1st October 2013 or its anniversary, a pharmacist will receive a basic dispensing fee of £3.40 for the first 50,000 items he or she supplies, and a basic dispensing fee of £3.13 for each item further item dispensed in the period.

There is already provision for the aggregate amount payable to an approved supplier in respect of the supply of pharmaceutical benefit in any month to be reduced by a percentage determined according to the aggregate value of the basic ingredient price of the items supplied. The percentage rates reduction rates are halved.

The Order was made on 28th March 2013 and comes into force on 1st May 2013.

R&O.45/2013.

This Order gives effect to Council Regulation (EU) No. 298/2013 of 27 March 2013.

That Council Regulation suspends the freezing of the funds and economic resources of persons and entities listed in the Annex to the Council Regulation. The suspension has effect until 20th February 2014, but shall be reviewed every 3 months.

The Order was made on 8th April 2013 and came into force on 9th April 2013.

R&O.46/2013.

This Order –

  1. prescribes 9th May 2013 as the date on which a person's eligibility for the 2013 old age pension adjustment is determined; and
  2. prescribes the amount of the 2013 old age pension adjustment as £82.88.

The amount an individual receives by way of the 2013 old age pension adjustment will be a percentage of the amount prescribed, according to factors such as whether the individual has elected to take a reduced old age pension or has a full or partial contribution record.

The Order was made on 10th April 2013 and comes into force on 17th April 2013.

R&O.47/2013.

This Order increases the amounts of pension of a person aged 65 or over that are to be disregarded when determining, for the purposes of a claim for income support, the amount of a household's income. The increase is consequential upon the interim pension increase that will take effect for the period 16th May to 30th September 2013.

This Order also provides for the disregard of the whole of the 2013 old age pension adjustment that is to be paid under Article 25A of the Social Security (Jersey) Law 1974.

The Order was made on 10th April 2013.

Article 2(1) and (2) come into force on 16th May 2013. The remainder of the Order comes into force on 17th April 2013.

WRITTEN QUESTIONS (See Item I(a))

  1. The Minister for Transport and Technical Services will table an answer to the following question asked by the Connétable of St. John –

"Could the Minister indicate what law drafting time, if any, has been put aside to review the Road Traffic (Jersey) Law 1956, specifically any reference to tractors and, if none, will he undertake to review the law, given that the size, horse power and use of such vehicles in the Island has changed dramatically and the legislation has not kept pace with these changes?"

  1. The  Chief Minister will table an  answer to the  following question asked  by Deputy R.G. Le Herissier of St. Saviour –

"When is it intended to present the next activity report relating to public sector salaries over £100,000 (as agreed in P.59/2011)?"

  1. The Minister for Home Affairs will table an answer to the following question asked by the Connétable of St. John –

"Further to the UK government's intention to make large cuts in its defence budget, what action, if any, is being taken to reduce Jersey's contribution to UK defence and, if none, why not?"

  1. The Minister for Transport and Technical Services will table an answer to the following question asked by the Connétable of St. John –

"Will the Minister provide details for the last three years of the volume and costs of providing salt to spread on roads when it snows, and advise why sand/grit is no longer used, despite the fact that this is readily available?

Does the Transport and Technical Services Department mitigate the impact that salt has on the water course, particularly where well/boreholes are next to the highway and, if so, how?"

  1. H.M. Attorney General will table an answer to the following question asked by Deputy G.C.L. Baudains of St. Clement –

"Would H.M. Attorney General give an update on the issue of legal protection for Planning Application Panel members and indicate when he expects this matter to be resolved?"

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

"Given that the fuel suppliers ceased importing Super Unleaded fuel some six weeks ago (but subsequently agreed to import limited supplies by ferry for those motorists who needed it) and that many forecourts have now exhausted their supplies, will the Minister advise motorists where Super Unleaded fuel can now be obtained?"

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

"Would the Minister advise, with regard to the redevelopment at Le Squez -

  1. how many times the plans have been changed in the last five years;
  2. how many times in the last year architects have made major revisions to the scheme, when and at what cost; and,
  3. the latest proposed density compared with the original density?"
  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy G.C.L. Baudains of St. Clement –

"Would the Minister explain what criteria and processes, if any, he employs when evaluating projects for stimulus purposes and how he avoids such stimulus simply disappearing straight out of the Island via supplies of commodity or technical expertise?"

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

"Would the Minister, with regard to the bus service -

  1. provide details of passenger numbers per route for the years 2010, 2011 and 2012 and overall numbers for the first quarter of 2012 and the corresponding period of 2013;
  2. given his assertion that re-instating the No 18 route would cost £180,000, provide a detailed breakdown of how that sum was calculated and whether it included fares from the quarter of a million passengers that used that route annually; and,
  3. confirm that the increased frequency of Route 1A from every two hours to every hour (plus other changes) came into effect on schedule at Easter?"
  1. H.M. Attorney General will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –

"What actions are available to the public if a public official, having been advised of an alleged illegal act on the part of one of his employees or staff, fails to investigate the complaint or to ensure that the person or body asked to investigate the complaint carries out a genuine and thorough investigation?"

  1. H.M. Attorney General will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –

"Will H.M. Attorney General advise what steps members of the public can take if the police –

  1. fail to take any action regarding complaints of alleged illegality that are referred to them;
  2. fail to adequately investigate acts of alleged illegality?

Will he explain what measures, if any, are in place to ensure the police deal with complaints relating to their current or former colleagues fairly?"

  1. H.M. Attorney General will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –

"Will H.M. Attorney General advise whether the Police Association is a public body, as defined under the European Union Convention of Human Rights?

Given that the Association's officers are full time paid policemen given time off to undertake Police Association duties; the Association is given an office rent free at Police Headquarters and Police Officers are not entitled by Law to strike, is the Association actually a public authority?"

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

"Will the Minister advise members whether the rent increase proposals contained in R.15 – States of Jersey Housing Transformation Programme were reviewed by the Statistics Unit and/or the States Economic Adviser to gauge the potential impact (perversely) on both inflation and deflation in the economy over the short, medium and long term and

  1. if they were not, will he explain why not?
  2. if they were, will the report/analysis be published before the proposition is debated by the Assembly?

Will the Minister explain –

  1. what research, if any, has been undertaken into the combined financial impact of the proposed increased rents and changes to States tenants' heating systems; and,
  2. the effect of the rent increases on tenants whose incomes have remained stagnant or fallen in real terms during the prolonged recession in the Island?"
  1. The Minister for Social Security will table an answer to the following question asked by Deputy R.G. Le Hérissier of St. Saviour –

"What are the actual sums and the sums as a proportion of Income Support expenditure devoted to income top up' in the last 3 calendar years and is the Minister satisfied that these sums are sustainable?"

  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy R.G. Le Hérissier of St. Saviour –

"How has the Board of JT been held accountable for the issues that have arisen with Gigabit Jersey and to what extent do these derive from a defective Business Plan?"

  1. The Minister for Transport and Technical Services will table an answer to the following question asked by Deputy J.M. Maçon of St. Saviour –

"Can the Minister advise whether the Energy from Waste plant is currently fully operational and, if not, explain why and –

  1. how long it is expected to take to address the problem;
  2. what the staffing cost will be, whilst staff are unable to perform their normal working activities;
  3. the value of the lost' electricity supplied to the grid; and,
  4. outline what maintenance agreement is in place in relation to the pipes?"
  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 state what effect the indexing of social rents at RPI plus 0.75% over the coming 30 years as proposed in the Housing Transformation Programme (HTP) will have in underlying inflation and explain how the Council of Ministers will ensure that inflation continues to be kept low?

How confident is he that inflation will remain within the range projected over the coming 30 year period of the HTP, and that rates for borrowing will remain low over this period?"

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

"Will the Minister state what population/migration levels the proposals in the Housing Transformation Programme (HTP) are designed to cater for and what sensitivity analysis has been performed with regard to increased demand for social rented accommodation from immigrant workers and their families in the next 10, 20 and 30 years?

What consideration, if any, has been given in both the proposition (P.33/2013) and the full Business Case (R.15/2013) to the most recent Housing Needs Survey which shows growing demand for social rented accommodation of some 400+ units, and further demand from the immigration bulge since 2004 as these households gain licensed status after 10 years residence?

Does the Minister consider that net gain of 434 housing company properties, along with 203 new trust properties and the 300 sales will meet future social housing needs and if not how will the HTP meet demand?

Has the Minister sought advice from the Statistics Unit over the HTP and full Business Case over his projections over up to 30 years and if not why not?"

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

"Will the Minister list for members what the fair rent for the full range of properties from hostel, bedsit, 1 to 5 bed flats and houses would be today if rents were set at the proposed level of 90% of market rents as suggested in the Housing Transformation Programme?

Does the Minister accept that around 50% of all Housing Company tenants will be paying rent at 90% of market levels within 5 years of the formation of the company and that, since all rents whether at the 90% rate or not, are subject to annual rises of at RPI plus 0.75%, most rents will have risen in line with market rents by some 23%?

Will the Minister state why the figures showing additional rent income and contribution from Income Support on page 52 are not indexed to the figure RPI plus 0.75% when figures on page 45 which also include figures for net profit are indexed and will he undertake to provide indexed figures?

Can the Minister state in what year the financial model becomes viable when the Table on page 45 (P.33/2013) shows a £139,000 deficit?"

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

"Given that figures produced by the Housing Department show that rental income over the first 10 years of the business model for the Housing Transformation Programme will increase by over 80%, will the Minister inform members how much of this increase will be produced by rents from new- build accommodation and how much from rent increases across existing tenancies, re-lets and refurbishments?"

  1. The Chairman of the Comité des Connétable s will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –

"Will the Chairman provide a breakdown by parish of attendance at Parish Meetings where votes are taken (including, separately, meetings where the rates are determined) showing the figures as a percentage of the total eligible voters per parish?

Will the Chairman explain what, if anything, the Comité is doing to encourage greater attendance at Parish Meetings from parishioners?"

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

"What housing projects were completed under the fiscal stimulus funding?

Will the proposed new Housing Company be required to pay back fiscal stimulus monies provided for stimulating the construction industry and, if so, why and how many other fiscal stimulus projects require payback?

Can the Minister confirm that there is significant risk to the outcome of the Housing Transformation Programme, in particular, the inability to borrow or significant changes in RPI over the 20 year period?

What would the return be to the Treasury if the Trusts were required to return their share of the income they receive via Income Support?"

  1. The Chief Minister will table an answer to the following question asked by Deputy T.A. Vallois of St. Saviour –

"Could the Minister advise what the roles the Director of Human Resources, the Director of Information Services, the Director of Property Holdings and the Director of Procurement have in the Public Sector Reform Agenda, have they ever had a meeting together to address structural and cultural changes in the States of Jersey and, if not, why?"

  1. The Minister for Housing will table an answer to the following question asked by Deputy T.A. Vallois of St. Saviour –

"Could the Minister advise how many social housing units have been built since the beginning of rent rebate/abatement per annum and how much of the Housing Department's income has been returned to the Treasury per year during the same period?"

  1. The Minister for Health and Social Services will table an answer to the following question asked by Deputy T.A. Vallois of St. Saviour –

"Would the Minister provide statistics on the number of patients who have been diagnosed with irritable bowel diseases such as Crohns Disease and Ulcerative Colitis in the last ten years and advise whether the Hospital has identified an increase or trend in this particular area?"

  1. The Minister for Health and Social Services will table an answer to the following question asked by Deputy T.A. Vallois of St. Saviour –

"Would the  Minister confirm the  exact funding of the  Integrated Care  Record Project, advise whether there have been any problems with implementation and, if so, what were they and how have they been addressed?"

  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy J.H. Young of St. Brelade –

"Will the Minister advise whether the proposed transfer of land at the Plémont Holiday Village either to public ownership or to an appropriate body or trust for public access in pursuance of the Minister for Planning and Environment's Ministerial decision of 23rd November 2012, will be his responsibility and processed in accordance with Standing Order 168, and, if so, will he outline –

  1. whether the land will be transferred to public ownership or if not, of the appropriate body or trust to whom it is intended to transfer the land;
  2. the landscaping work required at the owners' expense to remove any existing liabilities on the land and to bring it into a suitable condition for transfer to public access;
  3. the future responsibility for the upkeep and maintenance of the land and standard and frequency of maintenance work required;
  4. the public and private rights of access, permitted uses and restrictions upon the land after the transfer to the body or trust for public access ; and,
  5. the financial implications of the proposed land transfer for the public?
  1. The Minister for Planning and Environment will table an answer to the following question asked by Deputy J.H. Young of St. Brelade –

"Will the Minister provide the Assembly with details of the proposed transfer of land from the owners of the Plémont Holiday Village to an appropriate body or trust, in pursuance of his Ministerial decision of 23rd November 2012, which required a planning obligation agreement to be entered into as a pre-condition of development consent, such details to include:

  1. the area of land proposed to be transferred;
  2. the identity of the appropriate body or trust to whom it is intended to transfer the land for allowing public access;
  3. the landscaping work required at the owners' expense to remove any existing liabilities on the land and to bring it into a suitable condition for transfer to public access;
  4. the future responsibility for the upkeep and maintenance of the land and standard and frequency of maintenance work required;
  5. the public and private rights of access, permitted uses and restrictions upon the land after the transfer to the body or trust for public access ;
  6. the financial implications of the proposed land transfer for the public and the appropriate body or trust and whether agreement has been reached with them and the Minister for Treasury and Resources?"
  1. The Minister for Housing will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

"What consideration has the Minister given to the findings of the 2012  Housing Affordability Survey and the high housing cost overburden revealed in the Better Life Index 2013?"

ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE

(See Item I(c))

2013

1st Session 2013

April 30th  Social Security

May 14th  Transport and Technical Services June 4th  Treasury and Resources

June 18th  Education, Sport and Culture July 2nd  Economic Development

July 16th  Housing


Chief Minister

Home Affairs

Chief Minister

Health and Social Services Chief Minister

Planning and Environment

2nd Session 2013

September 10th September 24th October 8th October 22nd November 5th November 19th December 3rd December 10th


Social Security

Transport and Technical Services Treasury and Resources Education, Sport and Culture Economic Development Housing

Social Security

Transport and Technical Services


Chief Minister

Home Affairs

Chief Minister

Health and Social Services Chief Minister

Planning and Environment Chief Minister

Home Affairs

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