States Assembly | States Order Paper 4th June 2013

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STATES OF JERSEY ORDER PAPER

Tuesday 4th June 2013

COMMUNICATIONS BY THE PRESIDING OFFICER
TABLING OF SUBORDINATE ENACTMENTS (Explanatory notes attached)

Immigration (Fees) (Amendment No. 3) (Jersey) Order 2013. R&O.66/2013. Minister for Home Affairs.

Children (Amendment No. 2) Rules 2013. R&O.67/2013. Superior Number of the Royal Court.

Community Provisions (Restrictive Measures – Myanmar/Burma) (Jersey) Order R&O.68/2013. 2013.

Chief Minister.

Road Traffic ( St. Saviour ) (Amendment No. 7) (Jersey) Order 2013. R&O.69/2013. Minister for Transport and Technical Services.

Community Provisions (Restrictive Measures – Somalia) (Amendment No. 3) R&O.70/2013. (Jersey) Order 2013.

Chief Minister.

DOCUMENTS PRESENTED OR LAID

Draft Taxation (Accounting Records) (Jersey) Regulations 201- (P.50/2013) – P.50/2013. addendum. Add. Presented: 30th May 2013.

Chief Minister.

Jersey Employment Tribunal: Annual Report 2012. R.45/2013. Presented: 20th May 2013.

Minister for Social Security.

Land Transactions under Standing Order 168(3) – V12AA and V12O Victoria R.46/2013. Pier – lease.

Presented: 22nd May 2013.

Minister for Treasury and Resources.

Jersey Council for Safety and Health at Work: appointment of Chairman. R.47/2013. Presented: 23rd May 2013.

Minister for Social Security.

Jersey Employment Tribunal: re-appointment of Employer Side Member. R.48/2013. Presented: 23rd May 2013.

Minister for Social Security.

Jersey Air Quality Strategy and Action Plan. R.49/2013. Presented: 23rd May 2013.

Minister for Planning and Environment.

Land Transactions under Standing Order 168(3) – R.50/2013.

Wilco Greenhouse, Howard Davis Farm, La Route de la Trinité, Trinity –

proposed letting;

"Anchorage Site", Gorey Pier, St. Martin – proposed sale.

Presented: 29th May 2013.

Minister for Treasury and Resources.

Code of Practice on Public Access to Official Information: Annual Report for R.51/2013. 2012.

Presented: 29th May 2013.

Privileges and Procedures Committee.

Jersey Competition Regulatory Authority: appointment of Non-Executive R.52/2013. Director.

Presented: 30th May 2013.

Minister for Economic Development.

States of Jersey Complaints Panel: report for 2012. R.53/2013. Presented: 31st May 2013.

Privileges and Procedures Committee.

NOTIFICATION OF LODGED PROPOSITIONS

Ratification of the Convention between Jersey and the Grand Duchy of P.58/2013. Luxembourg for the Avoidance of Double Taxation and the Prevention of Fiscal

Evasion with Respect to Taxes on Income and on Capital.

Lodged: 21st May 2013.

Chief Minister.

Draft Taxation (Double Taxation) (Amendment No. 2) (Jersey) Regulations 201-. P.59/2013. Lodged: 21st 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.

WITHDRAWAL OF LODGED PROPOSITIONS

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

Nomination of Mr. Robert Charles Parker as an unelected member of the Public Accounts Committee (note attached)

Nomination of Deputy G.P. Southern of St. Helier as a member of the Education and Home Affairs panel.

MATTERS OF PRIVILEGE
PETITIONS
QUESTIONS

– Written Questions(attached)

The Minister for Health and Social Services will table an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the annual running costs of the Commissioning Unit.
The Chief Minister will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding a declaration of interests by civil servants.
The Chief Minister will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the application of new work legislation to "zero hours" contracts.
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 the submission of comments to propositions.
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 lodging of a proposition relating to death by careless driving.
The Minister for Planning and Environment will table an answer to a question asked by the Connétable of St. John regarding the Esplanade Quarter office building.
The Minister for Transport and Technical Services will table an answer to a question asked by the Connétable of St. John regarding the maintenance and running costs of the fume extraction equipment of the proposed Waterfront sunken road.
The Chairman of Privileges and Procedures Committee will table an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the progress made by the Machinery of Government Panel and the submission of its final report.
The Minister for Economic Development will table an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding Harbour mud berth charges.
The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the estimate of current demand for social rental accommodation by size.
The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding weighted average rent increases.

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 development of part of the Esplanade Car Park.
The Minister for Planning and Environment will table an answer to a question asked by Deputy J.H. Young of St. Brelade regarding an urgent review of Housing polices of the Island Plan.
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 development of part of the Esplanade Car Park.
The Minister for Treasury and Resources will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the projected costs of the Housing Transformation programme.

– Oral Questions (120 minutes)

Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Home Affairs –

"Will the Minister explain to the Assembly whether he has yet called in an external police force to investigate the complaints of perverting the course of justice that have been made against the Chief Officer and Deputy Chief Officer of the States of Jersey Police by ex-police officers and others and, if not, why not?"

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

"Would the Minister advise whether energy conservation works for low income households specified and contracted by the Environment Department also require the department's appointed contractor to apply for building consent from his department, if so how does he justify such bureaucracy and why has he not exempted such works or deemed consent for them to encourage the take up of energy conservation measures?"

Deputy T.M. Pitman of St. Helier will ask the following question of the Minister for Planning and Environment -

"What is the total number of heating boiler replacements that have been installed as part of the Energy Efficiency Scheme launched in 2009, what is the cost for each household application and the full total cost for such provision?"

Deputy R.G. Le Hérissier of St. Saviour of will ask the following question of the Minister for Heath and Social Services –

"Would the Minister identify the additional resources which will be placed into diabetic services over the next 10 years, distinguishing between preventative and treatment services, given the considerable anticipated increases in diabetes identified in her answer to a written question on 14th May 2013?"

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

"Will the Minister advise whether the private schools have to follow the same practices and procedures for dismissing staff as state schools and state what mechanisms, if any, the department has to ensure good practice in private schools in relation to human resources issues?"

Deputy G.C.L. Baudains of St. Clement will ask the following question of the Minister for Health and Social Services –

"Would the Minister explain why the proposed Public Health and Safety (Dwellings) (Jersey) Law, which would permit access to homes, includes matters such as water and energy, and would she also explain the rationale behind including owner-occupied premises?"

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

"On 13th May a senior citizen aged 86 reported a fault to Jersey Telecom (at the time of submitting this question the fault continues) and a number of requests from residents, the Parish Hall , myself, and others have fallen on deaf ears; will the Minister ask JT to implement an on- Island fault reporting service that is easy to use by vulnerable people, rather than a UK call centre?"

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

"Will the Chief Minister advise members whether he, or any of the members of the States Employment Board with the authority to amend policy, intend to meet employee representatives to engage in meaningful negotiations to avert potential industrial action, and, if not why not?"

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

"Following his answer to an oral question on 16th April 2013 in which he expressed support for increased infrastructure spending and in particular main drains extensions into the countryside would the Minister give an indication of the total amount that will be invested in these works over the next 2 years?"

Deputy G.C.L. Baudains of St. Clement will ask the following question of the Chairman of the Comité des Connétable s –

"Would the Chairman identify what procedures the Comité uses to ensure consistent foliage clearance prior to the branchage?"

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

"What sum, if any, has been allocated by the Council of Ministers for implementation of the recommendations of the McKinsey Report?"

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

"Will the Minister state when his department became aware of Flybe's decision to sell its landing rights at Gatwick airport to Easyjet and explain what contingency plans he has to secure Jersey's vital air links to London?"

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

"Will the Chief Minister advise members what interdepartmental meetings, if any, have been held this year on the resource implications of the population projections produced by the Statistics Unit, and in particular on housing demand over the period of the Housing Transformation Plan, and if none, when will these be held and when will he come to the States with the results of such resource discussions to inform future debate?"

– Questions to Ministers without notice (30 minutes) –

1st question period – Minister for Treasury and Resources

Note: The States agreed on 16th May 2013 that the second period of Questions without Notice (to the Chief Minister) would be taken at the end of this meeting.

PERSONAL STATEMENTS
STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
PUBLIC BUSINESS

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

Connétable of St. Helier .

Parish Rates: the States' liability (P.40/2013) – comments. P.40/2013. Presented: 3rd May 2013. Com. Comité des Connétable s.

Parish Rates: the States' liability (P.40/2013) – comments. P.40/2013. Presented: 13th May 2013. Com.(2). Council of Ministers.

Parish Rates: the States' liability (P.40/2013) – comments. P.40/2013. Presented: 13th May 2013. Com.(3). Minister for Treasury and Resources.

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.

Draft Taxation (Accounting Records) (Jersey) Regulations 201-. P.50/2013. Lodged: 15th April 2013.

Chief Minister.

Draft Taxation (Accounting Records) (Jersey) Regulations 201- (P.50/2013) – P.50/2013. addendum. Add. Presented: 30th May 2013.

Chief Minister.

Draft Control of Housing and Work (Business Licences – Annual Charges for P.52/2013. Registered Persons) (Jersey) Regulations 201-.

Lodged: 23rd April 2013.

Chief Minister.

Draft Control of Housing and Work (Transitional and Consequential Provisions) P.53/2013. (No. 2) (Jersey) Regulations 201-.

Lodged: 23rd April 2013.

Chief Minister.

Draft Education (Amendment No. 2) (Jersey) Law 201-. P.54/2013. Lodged: 23rd April 2013.

Minister for Education, Sport and Culture.

I. (c) – Questions to Ministers without notice (continued) – 2nd question period – Chief Minister

ARRANGEMENT OF PUBLIC BUSINESS

18th June 2013

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

Privileges and Procedures Committee.

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

Chief Minister.

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.

Approval of the Memorandum of Understanding between the Government of Jersey P.55/2013. and Her Majesty's Revenue and Customs of the United Kingdom of Great Britain

and Northern Ireland relating to co-operation in tax matters.

Lodged: 30th April 2013.

Chief Minister.

Draft Taxation (Implementation) (Disclosure Facility) (Jersey) Regulations 201-. P.56/2013. Lodged: 30th April 2013.

Chief Minister.

2nd July 2013

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

Senator A. Breckon.

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

Chief Minister.

Ratification of the Convention between Jersey and the Grand Duchy of P.58/2013. Luxembourg for the Avoidance of Double Taxation and the Prevention of Fiscal

Evasion with Respect to Taxes on Income and on Capital.

Lodged: 21st May 2013.

Chief Minister.

Draft Taxation (Double Taxation) (Amendment No. 2) (Jersey) Regulations 201-. P.59/2013. Lodged: 21st 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 .

16th July 2013

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 .

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.

M.N. DE LA HAYE Greffier of the States

30th May 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 5th June 2013 and Thursday 6th June 2013.

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

R&O.66/2013.

This Order amends the Immigration (Fees) (Jersey) Order 2010 to increase the fees payable under that Order.

For an application for limited leave to remain (or variation of that leave) the increase in fees is from £561 to £578, and from £281 to £433 in the case of a dependant's application made at the same time.

For an application for indefinite leave to remain the increase in fees is from £991 to £1,051, and from £496 to £788 in the case of a dependant's application made at the same time.

The new fees take effect on 1st June 2013. The current fees took effect on 1st July 2012. The Order was made on 15th May 2013 and came into force on 1st June 2013.

R&O.67/2013.

These Rules amend the Children Rules 2005 ("the 2005 Rules").

The amendments concern the form for applications under the Children (Jersey) Law 2002 in private law proceedings for –

a contact order;
a prohibited steps order;
a residence order;
a specific issue order;
a parental responsibility order;
an order for leave to remove a child from the jurisdiction; or
an order for the change of a child's name.

The existing Form C1 contained in Schedule 2 to the 2005 Rules has several limitations insofar as private law proceedings are concerned. The Rules therefore introduce a new form – Form C100' – on which such applications will be made. A new Form C14' is also introduced.

Form C100'

Among other things, this requires an applicant to list his or her addresses for the last 5 years and to list the addresses of the respondent for the last 5 years.

The Form also directs the attention of the applicant to the Parenting plan: putting your children first'. This is a plan drawn up by JFCAS for the benefit of separating parents. The Form also asks for details of attendance at mediation. In this connection Children in Mind' refers to the course run by The Bridge, Le Geyt Road, St. Saviour .

The existing Form C1 does not elicit information specifically on whether a child is at risk of harm. The new Form does so.

Form C14'

This Form would be for use by any party in children law proceedings who did not wish to reveal the address of their private residence or that of any child. Where an applicant had availed him/herself of Form C14, the address would not be revealed to any person except by order of the Court.

Provision in this respect is made by a new Rule 8A which is inserted in the 2005 Rules. Other provisions

A drafting improvement clarifies that references in the 2005 Rules to Forms are references to the Forms in Schedule 2 to the 2005 Rules.

Consequential amendments are made to Rule 5 of the 2005 Rules; whilst Rule 7 of the 2005 Rules (commencement of private law proceedings) is substituted to provide for the manner of making applications in private law proceedings, including provision as to –

there being enough copies of the application filed to be served on each respondent;
all the children being included in one application;
giving the applicant a date for a preliminary directions hearing ("PDH");
serving the application with notice of the date and place of the PDH;
the Greffier being able to refer applications to the Bailiff .

Rule 5 is the citation and commencement provision.

The Rules were made by the Superior Number of the Royal Court on 16th May 2013 and came into force on 23rd May 2013.

R&O.68/2013.

This Order gives effect to Council Regulation (EU) No. 401/2013 of 2 May 2013 concerning restrictive measures in respect of Myanmar/Burma and repealing Regulation (EC) No. 194/2008.

That Council Regulation prohibits –

the sale, supply, transfer or export to or for the use of persons in Myanmar/Burma of equipment which might be used for internal repression;
the provision to or for the use of persons in Myanmar/Burma of technical assistance related to –

military activities and the provision, manufacture, maintenance and use of arms and related materiel, or
equipment which might be used for internal repression;

the provision to or for the use of persons in Myanmar/Burma of finance or financial assistance related to –

military activities, or
equipment which might be used for internal repression; and

knowing and intentional participation in any activity intended to circumvent the prohibitions described in (b) and (c).

The Community Provisions (Restrictive Measures – Burma/Myanmar) (Jersey) Order 2008, which gave effect to Council Regulation (EC) No. 194/2008, is revoked.

The Order was made on 17th May 2013 and came into force on 18th May 2013. R&O.69/2013.

This Order further amends Part 1 of Schedule 3 to the Road Traffic ( St. Saviour ) (Jersey) Order 2000 to impose additional restrictions on waiting in various locations in that Parish. The amendments (made by Article 1) affect parts of Bagatelle Lane, Bagot Road, Croix Besnard, La Rue de Patier and Maison St. Louis, as specified in that Article.

Article 2 provides for the citation of the Order and for it to come into force 7 days after it is made. The Order was made on 17th May 2013 and came into force on 24th May 2013.

R&O.70/2013.

This Order amends the Community Provisions (Restrictive Measures – Somalia) (Jersey) Order 2011, to give effect to Council Regulation (EU) No. 432/2013 of 13 May 2013 (OJ No. L 129/15, 14.5.2013) amending Regulation (EU) No. 356/2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia. The amendment updates the basis on which the EU may list persons against whom restrictive measures are imposed, but does not as yet make any change to the actual contents of that list.

The Order was made on 24th May 2013 and came into force on 25th May 2013.

(See Item F)

PUBLIC ACCOUNTS COMMITTEE: APPOINTMENT OF UNELECTED MEMBER

In accordance with Standing Order 124(1) the Chairman of the Public Accounts Committee has given notice of a nomination for the position of an unelected member of the PAC.

The Chairman has given notice that she will nominate Mr. Robert John Parker at this meeting. Mr. Robert John Parker – Biography

Date of birth

17th December 1954

Employment history

Coopers and Lybrand Bristol - four years

Audits throughout the West Country

Gulf and Western Internal Audit - two years

Auditing companies within the Gulf and Western Group outside the USA and three months in the US Paramount Pictures International - one year (Part of Gulf and Western)

Hotel de France Group Limited - 32 years

Current employer

Finance Director

Finance Director and General Manager

Managing Director

Chairman