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Consolidated Order Paper 18th March 2014

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STATES OF JERSEY ORDER PAPER

Tuesday 18th March 2014 CONSOLIDATED

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

Community Provisions (Restrictive Measures – Ukraine) (Jersey) Order 2014.  R&O.25/2014. Chief Minister, for and on behalf of Minister for External Relations.

* Motor Traffic (Third-Party Insurance) (Expenses Limits) (Amendment No. 2)  R&O.26/2014. (Jersey) Order 2014.

Minister for Health and Social Services.

  1. DOCUMENTS PRESENTED OR LAID

Esplanade Quarter developments: approval by the States (P.15/2014) – addendum.  P.15/2014. Presented: 14th March 2014.  Add. Senator A. Breckon.

* Esplanade Quarter developments: approval by the States (P.15/2014) – additional  P.15/2014. comments.  Com.(2) Presented: 18th March 2014.

Minister for Treasury and Resources.

* Piquet House: cancellation of sale and future use (P.16/2014) – comments.  P.16/2014. Presented: 17th March 2014.  Com. Minister for Treasury and Resources.

* States Housing: arrangements for new tenants (P.19/2014) – comments.  P.19/2014. Presented: 17th March 2014.  Com. Minister for Housing.

Code of Practice on Public Access to Official Information: Annual Report for  R.26/2014. 2013.

Presented: 10th March 2014.

Privileges and Procedures Committee.

Independent Custody Visitor Report Jersey 2013.  R.27/2014. Presented: 12th March 2014.

Minister for Home Affairs.

Land Transactions under Standing Order 168(3) –  R.28/2014.

  1. Fields 811, 816 and land, l'Avenue de la Reine Elizabeth II, St. Peter – sale;
  2. 5 Grasett Park, St. Saviour – sale.

Presented: 12th March 2014.

Minister for Treasury and Resources.

Jersey Competition Regulatory Authority: appointment of Non-Executive  R.29/2014. Director.

Presented: 13th March 2014.

Minister for Economic Development.

Safeguarding Partnership Board: Memorandum of Understanding.  R.30/2014. Presented: 14th March 2014.

Council of Ministers.

Fiscal Policy Panel: re-appointment of members and appointment of new  R.31/2014. members.

Presented: 14th March 2014.

Minister for Treasury and Resources.

* Jersey Police Complaints Authority: report for 2013.  R.32/2014. Presented: 17th March 2014.

Minister for Home Affairs.

* Policy and practice relating to the provision of carpets and flooring for tenants:  R.33/2014. review.

Presented: 17th March 2014.

Minister for Housing.

* Sex Discrimination: White Paper Consultation – March 2014.  R.34/2014. Presented: 18th March 2014.

Minister for Social Security.

  1. NOTIFICATION OF LODGED PROPOSITIONS

* Draft Financial Services Ombudsman (Jersey) Law 201- (P.9/2014): amendment.  P.9/2014. Lodged: 18th March 2014.  Amd. Minister for Economic Development.

Health and Safety Appeal Tribunal: re-appointment of Chairman.  P.25/2014. Lodged: 7th March 2014.

Minister for Social Security.

Draft Referendum (Amendment) (Jersey) Law 201-.  P.26/2014. Lodged: 10th March 2014.

Privileges and Procedures Committee.

Draft Jersey Mutual Insurance Society, Incorporated (Alteration of Rules) (No. 7)  P.27/2014. (Jersey) Law 201-.

Lodged: 11th March 2014.

Chief Minister.

Draft Public Employees (Pensions) (Jersey) Law 201-.  P.28/2014. Lodged: 11th March 2014.

States Employment Board.

Draft Financial Services Commission (Amendment of Law No. 2) (Jersey)  P.29/2014. Regulations 201-.

Lodged: 12th March 2014.

Chief Minister.

* Draft Road Traffic (No. 60) (Jersey) Regulations 201-.  P.30/2014. Lodged: 18th March 2014.

Minister for Transport and Technical Services.

* Draft States of Jersey (Amendment No. 7) Law 201-.  P.31/2014. Lodged: 18th March 2014.

Chief Minister.

* Draft Treason (Jersey) Law 201-.  P.32/2014. Lodged: 18th March 2014.

Chief Minister.

  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 Chief Minister will table an answer to a question asked by the Connétable of St. Lawrence regarding legislation to be debated by summer 2014.
  2. The Minister for Treasury and Resources will table an answer to a question asked by Deputy J.A. Hilton of St. Helier regarding asbestos management plans in schools.
  3. The Minister for Planning and Environment will table an answer to a question asked by the Deputy of St. Martin regarding coastal footpaths in St. Martin .
  4. The Chief Minister for will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the Finance Industry Sound Business Practices Committee.
  5. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the regulation or supervision of the Channel Island Stock Exchange.
  6. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the adoption of T.U.P.E. principles.
  7. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the differentials between Jersey and UK consumer price levels.
  8. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the use of exclusivity clauses.
  9. The Minister for Treasury and Resources will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding World War 1 Anniversary plans.
  1. 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 cost of installing cycle racks at Rue des Prés Trading Estate.
  2. The Minister for Treasury and Resources will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding ongoing problems with JT customers' bills.
  3. 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 introduction of death or injury by careless driving' legislation.
  4. The Minister for Planning and Environment will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the Planning Applications Panel.
  5. 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 organ donations over the last five years.
  6. The Minister for Treasury and Resources will table an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding succession planning in States owned utility companies.
  7. The Chief Minister will table an answer to a question asked by Deputy S.S.P.A. Power of St. Brelade regarding the control of immigration.
  8. The Minister for Planning and Environment will table an answer to a question asked by Deputy J.H. Young of St. Brelade regarding planning enforcement procedures.
  9. The Minister for Treasury and Resources will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding monies allocated to court and case costs in Jersey.
  10. The Minister for Treasury and Resources will table an answer to a question asked by Deputy J.H. Young of St. Brelade regarding the schedule of land and property assets owned by the public.
  11. The Minister for Transport and Technical Services will table an answer to a question asked by the Deputy of St. Martin regarding Pine Walk and the results of core samples taken in 2013.
  1. – Oral Questions (120 minutes)
  1. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Treasury and Resources –

"Following the recent report into the cost of living in Jersey being some 20% higher than in the United Kingdom, will the Minister explain what hard questions' he will be asking and of whom, and what steps he will be taking to deal with this matter?"

  1. Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister –

"Would the Chief Minister advise whether he is supportive of holding a Royal Commission into electoral reform in Jersey and, if so, does he intend to lodge a proposition for consideration by the Assembly in relation to this issue before the general election in October?"

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

"Do Planning Officers Society recommendations for the future of the Planning system (December 2013) reflect the opinion of the Minister and, if implemented, will they mean that future Ministers will be required to balance and trade off the environmental protection of Jersey's coasts, heritage and countryside against conflicting economic and financial interests, undermining Planning Law and the Island plan policies, and, if so, what does he intend to do?"

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

"Does the Minister consider that it would be more prudent to convert departmental underspends into savings rather than finding new ways of spending the money?"

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

"Given that it is now over a year since subsidence occurred below the Pine Walk in St. Martin , can the Minister inform the Assembly whether this important road has been properly stabilized and, if not, would he explain the reasons for the delay?"

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

"Will the Minister advise the Assembly whether there is broadband provision for patients within the General Hospital?"

  1. Deputy N.B. Le Cornu of St. Helier will ask the following question of the Chief Minister –

"Does the Chief Minister agree that an effective policy in respect of the rights and obligations of whistle-blowers in the public sector, is an essential feature of any modern democracy committed to transparency and integrity in government and, if so, will he produce such a policy and bring it to the Assembly for approval before publishing it on the gov.je website?"

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

"Given the revelations of the former Drugs and Addictions Counsellor at H.M. Prison La Moye, could the Minister identify if and when concerns were raised about her conduct, whether it was considered that a possible criminal offence had been committed which required the intervention of the police and, if so, why was this person allowed to resign with no police follow up?"

  1. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Home Affairs –

"Following his response to questions on 4th March 2014, regarding allegations of impropriety at the Prison circulated via an email by an anonymous whistle-blower, will the Ministers update Members of what subsequent action he taken in relation to this?"

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

"Will the Chief Minister assure members that he will publish the results of investigations into NT (No Tax) activities in the Island which facilitate or administer schemes which appear to constitute aggressive tax avoidance' and will he agree to broaden the investigation to establish the extent of these types of activities in the Island's finance sector and report back his finding to the States by the end of July?"

* 11. Deputy J.A. Hilton of St. Helier will ask the following question of the Chief Minister –

"Is the Chief Minister satisfied that all States departments are fulfilling their legal obligations under the Law when dealing with the management of asbestos within the public buildings they occupy?"

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

"Will the Minister confirm whether her department has been approached by any individual with a view to importing cannabis for medicinal use and, if so, what steps would be necessary to enable GPs to import and prescribe cannabis for medicinal use for their patients?"

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

"Does the Chief Minister accept that the proposal to move PECRS pensions from a final salary to a career average basis discriminates against women who often take career breaks or work part time to raise children and, if so, what advice, if any, has been sought as to whether the revised scheme could be challenged under the Discrimination Law when the provision relating to sex discrimination comes into force?"

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

"Were a large number of mobile phones circulating within the Prison and allegedly linked to a high profile inmate and, if so, was the Board of Visitors informed and what action, if any, did it take?"

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

"Further to large scale developments on Jersey's coasts such as at Portelet and La Coupe approved by previous Ministers and public concern over future developments he has approved at Plémont and Grouville , will the Minister ensure that at the conclusion of his term of office he leaves behind a legacy of a strong planning policy regime to ensure Jersey's coasts remain unspoilt for future generations and, if not, why not?"

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

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

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

Draft Employment and Discrimination Tribunal (Jersey) Regulations 201-.  P.4/2014. Lodged: 14th January 2014.

Minister for Social Security.

Draft Discrimination (Jersey) Law 2013 (Appointed Day) Act 201-.  P.5/2014. Lodged: 14th January 2014.

Minister for Social Security.

Draft Taxation (Miscellaneous Provisions) (Jersey) Regulations 201-.  P.13/2014. Lodged: 3rd February 2014.

Minister for External Relations.

Esplanade Quarter developments: approval by the States.  P.15/2014. Lodged: 10th February 2014.

Senator A. Breckon.

Esplanade Quarter developments: approval by the States (P.15/2014) – addendum.  P.15/2014. Presented: 14th March 2014.  Add. Senator A. Breckon.

Esplanade Quarter developments: approval by the States (P.15/2014) – comments.  P.15/2014. Presented: 18th February 2014.  Com. Minister for Treasury and Resources.

* Esplanade Quarter developments: approval by the States (P.15/2014) – additional  P.15/2014. comments.  Com.(2) Presented: 18th March 2014.

Minister for Treasury and Resources.

Piquet House: cancellation of sale and future use.  P.16/2014. Lodged: 11th February 2014.

Deputy J.H. Young of St. Brelade .

* Piquet House: cancellation of sale and future use (P.16/2014) – comments.  P.16/2014. Presented: 17th March 2014.  Com. Minister for Treasury and Resources.

States Housing: arrangements for new tenants.  P.19/2014. Lodged: 18th February 2014.

Deputy M. Tadier of St. Brelade .

* States Housing: arrangements for new tenants (P.19/2014) – comments.  P.19/2014. Presented: 17th March 2014.  Com. Minister for Housing.

  1. ARRANGEMENT OF PUBLIC BUSINESS

1st April 2014

* Draft Financial Services Ombudsman (Jersey) Law 201-.  P.9/2014. Lodged: 21st January 2014.

Minister for Economic Development.

* Draft Financial Services Ombudsman (Jersey) Law 201- (P.9/2014): amendment.  P.9/2014. Lodged: 18th March 2014.  Amd. Minister for Economic Development.

Draft Passports (False Statements and Forgery) (Jersey) Law 201-.  P.14/2014. Lodged: 6th February 2014.

Minister for Home Affairs.

Ratification of the Agreement on the Exchange of Information relating to Tax  P.12/2014. Matters between the Government of Jersey and the Government of Hungary.

Lodged: 3rd February 2014.

Minister for External Relations.

Draft Taxation (Exchange of Information with Third Countries) (Amendment  P.17/2014. No. 10) (Jersey) Regulations 201-.

Lodged: 14th February 2014.

Minister for External Relations.

Tasers: deployment and use in Jersey by the States of Jersey Police.  P.18/2014. Lodged: 17th February 2014.

Minister for Home Affairs.

Draft Statute Law Revision (Miscellaneous Provisions) (Jersey) Law 201-.  P.21/2014. Lodged: 18th February 2014.

Chief Minister.

States of Jersey Development Company Limited: re-appointment of Chairman and  P.23/2014. Non-Executive Directors.

Lodged: 26th February 2014.

Minister for Treasury and Resources.

Grouville School: parking facilities.  P.24/2014. Lodged: 4th March 2014.

Connétable of Grouville .

29th April 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.

Elected Speaker of the States.  P.160/2013. Lodged: 10th December 2013.

Connétable of St. Helier .

Elected Speaker of the States (P.160/2013): comments.  P.160/2013. Presented: 16th December 2013.  Com. Privileges and Procedures Committee.

Draft European Union Legislation (Implementation) (Jersey) Law 201-.  P.164/2013. Lodged: 16th December 2013.

Minister for External Relations.

(Referred to Scrutiny on 4th February 2014)

Interim Population Policy: 2014 – 2015.  P.10/2014. Lodged: 30th January 2014.

Council of Ministers.

Interim Population Policy: 2014 – 2015 (P.10/2014) – amendment.  P.10/2014. Lodged: 18th February 2014.  Amd. Deputy G.P. Southern of St. Helier .

Committee of Inquiry: planning applications by the Channel Islands Co-operative  P.20/2014. Society Ltd.

Lodged: 18th February 2014.

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

Channel Islands Lottery: allocation of profits for 2013.  P.22/2014. Lodged: 26th February 2014.

Minister for Economic Development.

Health and Safety Appeal Tribunal: re-appointment of Chairman.  P.25/2014. Lodged: 7th March 2014.

Minister for Social Security.

Draft Referendum (Amendment) (Jersey) Law 201-.  P.26/2014. Lodged: 10th March 2014.

Privileges and Procedures Committee.

Draft Jersey Mutual Insurance Society, Incorporated (Alteration of Rules) (No. 7)  P.27/2014. (Jersey) Law 201-.

Lodged: 11th March 2014.

Chief Minister.

Draft Public Employees (Pensions) (Jersey) Law 201-.  P.28/2014. Lodged: 11th March 2014.

States Employment Board.

Draft Financial Services Commission (Amendment of Law No. 2) (Jersey)  P.29/2014. Regulations 201-.

Lodged: 12th March 2014.

Chief Minister.

* Draft Road Traffic (No. 60) (Jersey) Regulations 201-.  P.30/2014. Lodged: 18th March 2014.

Minister for Transport and Technical Services.

* Draft States of Jersey (Amendment No. 7) Law 201-.  P.31/2014. Lodged: 18th March 2014.

Chief Minister.

* Draft Treason (Jersey) Law 201-.  P.32/2014. Lodged: 18th March 2014.

Chief Minister.

A.H. HARRIS Deputy Greffier of the States

17th March 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 13th March 2014, or an item which has been altered or

moved.

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

R&O.26/2014.

This Order increases the limits on expenses that may be charged to a third-party motor insurer for treatment of a victim of a road traffic accident. The increase applies to treatment arising from accidents occurring on or after 1st April 2014.

The revised expenses limits are the same as those that apply in the United Kingdom under the NHS Injury Cost Recovery Scheme with effect from 1st April 2014.

The Order was made on 12th March 2014 and comes into force on 1st April 2014.

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