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Consolidated Order Paper 13th November 2014

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STATES OF JERSEY ORDER PAPER

Thursday 13th November 2014 CONSOLIDATED

  1. COMMUNICATIONS BY THE PRESIDING OFFICER
  2. TABLING OF SUBORDINATE ENACTMENTS

Income Support (General Provisions) (Amendment No. 16) (Jersey) Order 2014.  R&O.159/2014. Minister for Social Security.

Companies (Transfers of Shares – Exemptions) (Jersey) Order 2014.  R&O.164/2014. Chief Minister.

Adoption (Amendment No. 4) Rules 2014.  R&O.165/2014. Superior Number of the Royal Court.

Community Provisions (Restrictive Measures – Syria) (Amendment No. 17)  R&O.166/2014. (Jersey) Order 2014.

Minister for External Relations.

Tourism (General Provisions) (Amendment No. 18) (Jersey) Order 2014.  R&O.167/2014. Minister for Economic Development.

Terrorism (Proscribed Organizations) (Amendment No. 7) (Jersey) Order 2014.  R&O.168/2014. Minister for Home Affairs.

Community Provisions (Restrictive Measures – North Korea) (Amendment No. 4)  R&O.169/2014. (Jersey) Order 2014.

Minister for External Relations.

Employment (Minimum Wage) (Amendment No. 8) (Jersey) Order 2014.  R&O.170/2014. Minister for Social Security.

Lodging Houses (General Provisions) (Amendment No. 19) (Jersey) Order 2014.  R&O.171/2014. Minister for Housing.

Money Laundering (Amendment No. 7) (Jersey) Order 2014.  R&O.172/2014. Chief Minister.

Road Traffic ( Trinity ) (Amendment No. 8) (Jersey) Order 2014.  R&O.173/2014. Minister for Transport and Technical Services.

Health Insurance (Pharmaceutical Benefit) (General Provisions) (No. 2)  R&O.174/2014. (Amendment No. 13) (Jersey) Order 2014.

Minister for Social Security.

EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014.  R&O.175/2014. Minister for External Relations.

EU Legislation (Sanctions – Al-Qaida) (Jersey) Order 2014.  R&O.176/2014. Minister for External Relations.

EU Legislation (Sanctions – Afghanistan) (Jersey) Order 2014.  R&O.177/2014. Minister for External Relations.

States of Jersey (Proper Addresses for Ministers) (Jersey) Order 2014.  R&O.178/2014. Chief Minister.

  1. DOCUMENTS PRESENTED OR LAID

States of Jersey Law 2005: delegation of functions – authorisation of actions in  R.142/2014. connection with Iran sanctions.

Presented: 29th September 2014.

Minister for External Relations.

Health and Social Services: 2014 Skin Cancer Prevention Strategy for Jersey.  R.143/2014. Presented: 30th September 2014.

Minister for Health and Social Services.

Land Transactions under Standing Order 168(3) – St. Catherine's White Tower  R.144/2014. Car Park and Promenade, La Route de St. Catherine, St. Martin – minor land

exchange and counter-exchange with Amy's House.

Presented: 1st October 2014.

Minister for Treasury and Resources.

Modern Language Teaching: review (P.166/2013) – response of the Minister for  R.145/2014. Education, Sport and Culture.

Presented: 2nd October 2014.

Minister for Education, Sport and Culture.

Land Transactions under Standing Order 168(3) – B007A and B Airport Fuel  R.146/2014. Compound, St. Peter – variation of lease.

Presented: 2nd October 2014.

Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – Health and Social Services –  R.147/2014. revised delegations October 2014.

Presented: 3rd October 2014.

Minister for Health and Social Services.

States of Jersey Law 2005: delegation of functions – Treasury and Resources –  R.148/2014. shareholder functions October 2014.

Presented: 8th October 2014.

Minister for Treasury and Resources.

Office of the Financial Services Ombudsman (OFSO): appointment of the Board.  R.149/2014. Presented: 9th October 2014.

Minister for Economic Development.

Land Transactions under Standing Order 168(3) – 24 St. Mark's Road (former  R.150/2014. Adolescent Centre), St. Helier – proposed sale.

Presented: 10th October 2014.

Minister for Treasury and Resources.

Organisations receiving grants of over £75,000: 2012 Accounts.  R.151/2014. Presented: 15th October 2014.

Minister for Treasury and Resources.

Financial Directions (R.121/2014): response of the Minister for Treasury and  R.152/2014. Resources.

Presented: 16th October 2014.

Minister for Treasury and Resources.

States Investment Strategies.  R.153/2014. Presented: 22nd October 2014.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – St. Aubin's Tunnels, Mont les  R.154/2014. Vaux, St. Brelade – Jersey Funbikes Ltd. – cancellation of licence; proposed

9 year lease.

Presented: 24th October 2014.

Minister for Treasury and Resources.

Governance of the States of Jersey Pension Schemes (R.84/2014): response of the  R.155/2014. Minister for Treasury and Resources.

Presented: 28th October 2014.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – Apartment No. 12, Block F, Les  R.156/2014. Quennevais Park – transfer of the Public's flying freehold ownership and

cancellation of existing 99 year lease.

Presented: 28th October 2014.

Minister for Treasury and Resources.

Ports Incorporation: response of the Minister for Economic Development to the  R.157/2014. public consultation.

Presented: 6th November 2014.

Minister for Economic Development.

Travel and Entertainment Expenses 2012 and 2013: Ministers and Assistant  R.158/2014. Ministers.

Presented: 6th November 2014.

Chief Minister.

Land Transactions under Standing Order 168(3) – Red Houses Upper Car Park, La  R.159/2014. Route des Quennevais, St. Brelade – lease.

Presented: 6th November 2014.

Minister for Treasury and Resources.

Retail Policy (S.R.6/2014): response of the Minister for Transport and Technical  S.R.6/2014. Services.  Res.(3) Presented: 1st October 2014.

Minister for Transport and Technical Services.

Digital Skills (S.R.9/2014): response of the Minister for Economic Development.  S.R.9/2014. Presented: 2nd October 2014.  Res. Minister for Economic Development.

Digital Skills (S.R.9/2014): response of the Minister for Education, Sport and  S.R.9/2014. Culture.  Res.(2) Presented: 6th October 2014.

Minister for Education, Sport and Culture.

The Redesign of Health and Social Services (S.R.10/2014): joint response of the  S.R.10/2014. Minister for Health and Social Services and the Minister for Treasury and  Res. Resources.

Presented: 29th September 2014.

Minister for Health and Social Services.

Radon (S.R.11/2014): response of the Minister for Planning and Environment.  S.R.11/2014. Presented: 3rd October 2014.  Res. Minister for Planning and Environment.

Radon (S.R.11/2014): response of the Minister for Health and Social Services.  S.R.11/2014. Presented: 23rd October 2014.  Res.(2) Minister for Health and Social Services.

* Internal Audit: Following Up the Report of the Comptroller and Auditor General  P.A.C.3/2014. (P.A.C.3/2014) – response of Departments.  Res. (re-issue) Presented: 5th November 2014.

Minister for Treasury and Resources.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Draft Freedom of Information (Schedule 1 to Law) (Amendment No. 2) (Jersey)  P.154/2014. Regulations 201- (P.154/2014): amendment.  Amd. Lodged: 4th November 2014.

Chief Minister.

Draft Employment (Minimum Wage) (Amendment No. 11) (Jersey) Regulations  P.157/2014. 201-.

Lodged: 21st October 2014.

Minister for Social Security.

Draft Proceeds of Crime (Amendment – Financial Intelligence) (Jersey) Law 201-.  P.158/2014. Lodged: 21st October 2014.

Chief Minister.

Greville Bathe Fund: appointment of Jurats.  P.159/2014. Lodged: 23rd October 2014.

Minister for Treasury and Resources.

Draft Criminal Justice (Insane Persons) (Amendment) (Jersey) Law 201-.  P.160/2014. Lodged: 27th October 2014.

Chief Minister.

Draft International Criminal Court (Jersey) Law 2014 (Appointed Day) Act 201-.  P.161/2014. Lodged: 27th October 2014.

Chief Minister.

Draft Freedom of Information (Exemptions – Amendment of Law) (Jersey)  P.162/2014. Regulations 201-.

Lodged: 29th October 2014.

Chief Minister.

(Cannot be debated before 10th December 2014)

Council of Ministers' meetings: public access.  P.163/2014. Lodged: 3rd November 2014.

Deputy M. Tadier of St. Brelade .

* Draft Air Navigation (Jersey) Law 2014 (Appointed Day) Act 201-.  P.164/2014. Lodged: 11th November 2014.

Minister for External Relations.

* Jersey Employment and Discrimination Tribunal: appointment of members.  P.165/2014. Lodged: 11th November 2014.

Minister for Social Security.

* Planning Applications Panel: appointment of members.  P.166/2014. Lodged: 11th November 2014.

Minister for Planning and Environment.

  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 –

Draft Employment of States of Jersey Employees (Amendment No. 7) (Jersey)  P.97/2014. Regulations 201-.

Lodged: 21st May 2014.

States Employment Board.

Draft Employment of States of Jersey Employees (Amendment No. 7) (Jersey)  P.97/2014. Regulations 201- (P.97/2014): amendment.  Amd. Lodged: 30th June 2014.

Chief Minister.

Draft Employment of States of Jersey Employees (Amendment No. 7) (Jersey)  P.97/2014. Regulations 201- (P.97/2014): second amendment.  Amd.(2) Lodged: 20th August 2014.

States Employment Board.

  1. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
  1. Appointment of President of the Chairmen's Committee.
  2. Appointment of the Members of the Privileges and Procedures Committee.
  3. Appointment of the Members of the Public Accounts Committee.
  4. Appointment of the Members of the Scrutiny Panels in the following order -
  1. Corporate Services
  2. Economic Affairs
  3. Education and Home Affairs
  4. Environment, Housing and Technical Services
  5. Health and Social Security
  1. Appointment of two States Commissioners of the Jersey Overseas Aid Commission.

(vii)  Appointment of two Members of the States Employment Board. (viii)  Appointment of two Members of the Jersey Police Authority.

M.  ARRANGEMENT OF PUBLIC BUSINESS 25th November 2014

Draft Freedom of Information (Jersey Heritage Trust) (Jersey) Regulations 201-.  P.146/2014. Lodged: 14th August 2014.

Chief Minister.

Freedom of Information: extension to companies owned or controlled by the States.  P.149/2014. Lodged: 16th September 2014.

Deputy of Grouville .

Draft Pet Travel Scheme (Amendment) (Jersey) Regulations 201-.  P.150/2014. Lodged: 22nd September 2014.

Minister for Planning and Environment.

Draft Financial Services Commission (Amendment No. 6) (Jersey) Law 201-.  P.151/2014. Lodged: 22nd September 2014.

Chief Minister.

Draft Financial Services Ombudsman (Jersey) Law 2014 (Appointed Day) Act  P.152/2014. 201-.

Lodged: 22nd September 2014.

Minister for Economic Development.

Draft Freedom of Information (Schedule 1 to Law) (Amendment No. 2) (Jersey)  P.154/2014. Regulations 201-.

Lodged: 23rd September 2014.

Chief Minister.

Draft Freedom of Information (Schedule 1 to Law) (Amendment No. 2) (Jersey)  P.154/2014. Regulations 201- (P.154/2014): amendment.  Amd. Lodged: 4th November 2014.

Chief Minister.

Draft Freedom of Information (Costs) (Jersey) Regulations 201-.  P.155/2014. Lodged: 23rd September 2014.

Chief Minister.

Greville Bathe Fund: appointment of Jurats.  P.159/2014. Lodged: 23rd October 2014.

Minister for Treasury and Resources.

Draft International Criminal Court (Jersey) Law 2014 (Appointed Day) Act 201-.  P.161/2014. Lodged: 27th October 2014.

Chief Minister.

9th December 2014

* Bedrocan BV: possession for treatment purposes – petition.  P.126/2014. Lodged: 16th July 2014.

Deputy M. Tadier of St. Brelade .

* Bedrocan BV: possession for treatment purposes – petition (P.126/2014) –  P.126/2014. comments.  Com. Presented: 9th September 2014.

Minister for Health and Social Services.

* Sativex: possession for treatment purposes – petition.  P.127/2014. Lodged: 16th July 2014.

Deputy M. Tadier of St. Brelade .

* Sativex: possession for treatment purposes – petition (P.127/2014) – comments.  P.127/2014. Presented: 8th September 2014.  Com. Minister for Health and Social Services.

* Cannabis: possession of cannabis for treatment purposes – petition.  P.128/2014. Lodged: 16th July 2014.

Deputy M. Tadier of St. Brelade .

* Cannabis: possession of cannabis for treatment purposes – petition (P.128/2014) –  P.128/2014. comments.  Com. Presented: 8th September 2014.

Minister for Health and Social Services.

Draft Employment (Minimum Wage) (Amendment No. 11) (Jersey) Regulations  P.157/2014. 201-.

Lodged: 21st October 2014.

Minister for Social Security.

Draft Proceeds of Crime (Amendment – Financial Intelligence) (Jersey) Law 201-.  P.158/2014. Lodged: 21st October 2014.

Chief Minister.

Draft Criminal Justice (Insane Persons) (Amendment) (Jersey) Law 201-.  P.160/2014. Lodged: 27th October 2014.

Chief Minister.

Draft Freedom of Information (Exemptions – Amendment of Law) (Jersey)  P.162/2014. Regulations 201-.

Lodged: 29th October 2014.

Chief Minister.

(Cannot be debated before 10th December 2014)

Draft Freedom of Information (Jersey) Law 2011 (Appointed Day) Act 201-.  P.153/2014. Lodged: 23rd September 2014.

Chief Minister.

Council of Ministers' meetings: public access.  P.163/2014. Lodged: 3rd November 2014.

Deputy M. Tadier of St. Brelade .

* Draft Air Navigation (Jersey) Law 2014 (Appointed Day) Act 201-.  P.164/2014. Lodged: 11th November 2014.

Minister for External Relations.

* Jersey Employment and Discrimination Tribunal: appointment of members.  P.165/2014. Lodged: 11th November 2014.

Minister for Social Security.

* Planning Applications Panel: appointment of members.  P.166/2014. Lodged: 11th November 2014.

Minister for Planning and Environment.

20th January 2015

* Gas Place: petition.  P.156/2014. Lodged: 24th September 2014.

Connétable of St. Helier .

M.N. DE LA HAYE, O.B.E. Greffier of the States

12th November 2014 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 6th November 2014, or an item which has been moved or

re-issued.

Note regarding the appointment process (See Item F)

President of the Chairmen's Committee

Standing Order 121(1) provides that the President of the Chairmen's Committee shall be appointed from amongst the persons who are members of the Committee.

The Presiding Officer will invite nominations for the position. Only the 6 Chairmen (the Chairman of PAC and 5 scrutiny panel chairmen) are eligible for nomination. If there is more than one nomination each candidate will speak for up to 10 minutes with a 20 minute question period. The candidates will speak and be questioned in the order in which they have been nominated. Other candidates must withdraw from the Chamber during the speeches and question period.

Following the speeches and question periods an open ballot or ballots will be held until one candidate receives an overall majority of votes cast.

Members of the Privileges and Procedures Committee

Standing Order 122 provides that the  Chairman  of the  Privileges and  Procedures Committee  shall nominate 3 elected members, who are neither Ministers nor Assistant Ministers, as members of the Committee. The Chairman, after consultation with the Chief Minister, will also nominate 2 elected members who are each a Minister or an Assistant Minister as members and he or she will also nominate one member of the Chairmen's Committee.

After the Chairman has made his or her nominations the Presiding Officer will invite alternative nominations within each of the 3 categories. Only members who meet the relevant criteria are eligible for membership in each category. If alternative nominations are made there will be a secret ballot for membership of the category concerned. In the ballot(s) members have the same number of votes as the number of places to be filled but do not have to use all their votes. The candidate(s) with the largest numbers of votes will be elected.

Elected members of the Public Accounts Committee

Standing Order 123(1) provides that the Chairman of the Public Accounts Committee shall indicate the number of elected members (being not less than 2) that he or she wishes to have as members of the Committee and should then nominate that number of elected members (who are neither Ministers nor Assistant Ministers) as candidates for appointment. Standing Order 131(1)(b) provides that there must be an even number of members (but not less than 4) and half must be persons who are not members of the States. Only the elected members will be nominated at this meeting.

After the Chairman has made his or her nominations the Presiding Officer will invite alternative nominations. If alternative nominations are made a secret ballot will be held.

Members of the 5 scrutiny panels

Standing Order 135(2)(b) provides that each Scrutiny Panel shall consist of a number of members determined by the Chairman of the Panel, but not more than 4, who must be elected members who are not Ministers or Assistant Ministers. Standing Order 135(3) provides that an elected member of a Scrutiny Panel cannot be a member of more than 2 Scrutiny Panels and can only be Chairman of one.

After announcing the number of members that he or she wants, the Chairman of each panel (in the order shown in the Order Paper) will make his or her nominations. The Presiding Officer will invite alternative nominations and, if alternative nominations are made, a secret ballot will be held.

2 States Commissioners of the Jersey Overseas Aid Commission

The constitution of the Jersey Overseas Aid Commission (set out in Schedule 1 to the Jersey Overseas Aid Commission (Jersey) Law 2005) requires  that the  chairman  recommends elected  members  for appointment as States commissioners. Standing Order 126 provides that the chairman will make his or her 2 nominations, and the States shall vote on each proposal separately. If the States reject a proposal by the chairman, the chairman must propose another elected member for appointment. Election as a States Commissioner is open to all members.

2 members of the States Employment Board

The States Employment Board is chaired by the Chief Minister, or by another Minister who is nominated by the Chief Minister to be Chairman in his place, and consists of 2 Ministers or Assistant Ministers appointed by the Chief Minister and 2 States members who are not Ministers or Assistant Ministers appointed by the States. The Chairman will nominate 2 members who are not Ministers or Assistant Ministers for these 2 positions. The Presiding Officer will invite alternative nominations and, if alternative nominations are made, a secret ballot or ballots will be held.

2 members of the Jersey Police Authority

The Jersey Police Authority consists of not less than 5 and not more than 7 members, up to 2 of whom are elected members of the States. The Presiding Officer will invite nominations for the position of member of the Police Authority. If there is are than 2 nominations, a secret ballot or ballots will be held. Article 5(6) of the States of Jersey Police Force Law 2012 stipulates that none of the following may be appointed as a member of the Police Authority –

  1. a police officer;
  2. a person who is a member of the Honorary Police;
  3. an office holder of a Crown appointment;
  4. the Minister or his or her Assistant Minister;
  5. a Connétable ;
  6. a States' employee;
  7. a person who is bankrupt, whether under the law of Jersey or under the law of a country or territory outside Jersey;
  8. a person who has been a police officer at any time during the previous 5 years; or
  9. a person who has been a member of the Honorary Police at any time during the previous 5 years.