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Order Paper 13th May 2014

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STATES OF JERSEY ORDER PAPER

Tuesday 13th May 2014

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

Community Provisions (Restrictive Measures – Ukraine) (Amendment No. 4)  R&O.42/2014. (Jersey) Order 2014.

Minister for External Relations.

Long-Term Care (Benefits) (Jersey) Order 2014.  R&O.43/2014. Minister for Social Security.

Income Support (General Provisions) (Amendment No. 14) (Jersey) Order 2014.  R&O.44/2014. Minister for Social Security.

Immigration (Fees) (Amendment No. 4) (Jersey) Order 2014.  R&O.45/2014. Minister for Home Affairs.

  1. DOCUMENTS PRESENTED OR LAID

Goods and Services Tax: exemption or zero-rating for health foods (P.81/2011) –  R.60/2014. response of the Minister for Health and Social Services.

Presented: 7th May 2014.

Minister for Health and Social Services.

Skills for Success: A Skills Strategy for Jersey.  R.61/2014. Presented: 7th May 2014.

Minister for Education, Sport and Culture.

Channel Islands Competition and Regulatory Authorities: Annual Report 2013.  R.62/2014. Presented: 7th May 2014.

Minister for Economic Development.

Land Transactions under Standing Order 168(3) –  R.63/2014.

  1. West Park Bunker and Store and adjacent Ground site, Promenade,

St. Helier – lease;

  1. Le Port, La Grande Route des Mielles, St. Peter – lease of White Hut;
  2. Brunel House, Old Street, St. Helier – proposed 9 year lease.

Presented: 7th May 2014.

Minister for Treasury and Resources.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Island Plan 2011: revised draft revision – approval (P.37/2014) – fifth amendment.  P.37/2014. Lodged: 6th May 2014.  Amd.(5) Senator F. du H. Le Gresley.

Island Plan 2011: revised draft revision – approval (P.37/2014) – sixth  P.37/2014. amendment.  Amd.(6) Lodged: 6th May 2014.

Deputy J.H. Young of St. Brelade .

Island Plan 2011: revised draft revision – approval (P.37/2014) – seventh  P.37/2014. amendment.  Amd.(7) Lodged: 6th May 2014.

Deputy J.H. Young of St. Brelade .

Island Plan 2011: revised draft revision – approval (P.37/2014) – eighth  P.37/2014. amendment.  Amd.(8) Lodged: 6th May 2014.

Deputy J.H. Young of St. Brelade .

Island Plan 2011: revised draft revision – approval (P.37/2014) – ninth  P.37/2014. amendment.  Amd.(9) Lodged: 6th May 2014.

Deputy J.H. Young of St. Brelade .

Island Plan 2011: revised draft revision – approval (P.37/2014) – tenth  P.37/2014. amendment.  Amd.(10) Lodged: 6th May 2014.

Deputy J.H. Young of St. Brelade .

Island Plan 2011: revised draft revision – approval (P.37/2014) – eleventh  P.37/2014. amendment.  Amd.(11) Lodged: 6th May 2014.

Minister for Economic Development.

Ratification of the Agreement between the Government of the United Kingdom  P.66/2014. and Northern Ireland and the Government of Jersey to improve international tax

compliance.

Lodged: 6th May 2014.

Chief Minister.

Draft Taxation (Implementation) (International Tax Compliance) (United  P.67/2014. Kingdom) (Jersey) Regulations 201-.

Lodged: 6th May 2014.

Chief Minister.

Ratification of the Agreement between the Government of the United States of  P.68/2014. America and the Government of Jersey to improve international tax compliance

and to implement FATCA.

Lodged: 6th May 2014.

Chief Minister.

Draft Taxation (Implementation) (International Tax Compliance) (United States of  P.69/2014. America) (Jersey) Regulations 201-.

Lodged: 6th May 2014.

Chief Minister.

Draft Income Support (Special Payments) (Long-Term Care) (Jersey) Regulations  P.70/2014. 201-.

Lodged: 6th May 2014.

Minister for Social Security.

Draft Income Support (Amendment No. 11) (Jersey) Regulations 201-.  P.71/2014. Lodged: 6th May 2014.

Minister for Social Security.

Draft Social Housing (Transfer) (Jersey) Law 2013 (Appointed Day) Act 201-.  P.72/2014. Lodged: 7th May 2014.

Minister for Housing.

Draft Social Security (Amendment of Law No. 7) (Jersey) Regulations 201-.  P.73/2014. Lodged: 8th May 2014.

Minister for Social Security.

Draft Community Provisions (Food Supplements) (Jersey) Regulations 201-.  P.74/2014. Lodged: 8th May 2014.

Minister for Health and Social Services.

Draft Community Provisions (Nutrition and Health Claims on Foods) (Jersey)  P.75/2014. Regulations 201-.

Lodged: 8th May 2014.

Minister for Health and Social Services.

  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 Treasury and Resources  will table an answer to a question asked by the Connétable of St. John regarding taxation received for 2012 and 2013.
  2. The Minister for Economic Development will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding support for local fishermen.
  3. H.M. Attorney General will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding legislation regarding entry to restaurants and pubs for a person accompanied by a guide dog.
  4. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding statistics of those failing to actively seek work.
  1. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding results of ONS data on zero hours in the United Kingdom.
  2. The Minister for Economic Development will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the monitoring of trawling.
  1. – Oral Questions (120 minutes)
  1. Deputy G.C.L. Baudains of St. Clement will ask the following question of the Chief Minister –

"How many parking spaces are provided at Cyril Le Marquand House and, if they are used by States members, would the Chief Minister specify who is permitted to use them?"

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

"Will the Minister advise whether new referrals to Le Geyt Centre Day Services have been stopped, and if so, could she explain why and state how the Department proposes to meet the future needs of people requiring access to Day Services?"

  1. Deputy S.S.P.A. Power of St. Brelade will ask the following question of the Minister for Treasury and Resources –

"In light of the receipt by the JSPCA of a disconnection notice from Jersey Water dated 28th April 2014 which was sent in relation to an invoice dated 27th March 2014 would the Minister, as representative  of the  shareholder, state  whether all States owned  or controlled  utilities send disconnection notices after 30 days and, if so, is this appropriate when certain consultations have to take place before disconnection is allowed?"

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

"In light of the recent Royal Court decision in the action between the Minister, the States of Jersey Development Company and Harcourt and others, would the Minister state whether this creates a conflict for the States when dealing with potential clients for the Esplanade Quarter and, if so, who is now representing the States' interests and will this decision prevent the development from moving forward before the case is settled?"

  1. Deputy J.A.N. Le Fondre of St. Lawrence will ask the following question of the Chief Minister –

"Further to his response of 4th March 2014 does the Chief Minister have any further information as to when the Dame Heather Steel report is likely to be released into the public domain?"

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

"Does the Chief Minister consider that adequate progress is being made by States departments to introduce the Freedom of Information (Jersey) Law 2011 in the Island from January 2015 and is he satisfied that it, together with the proposed amendments to the Data Protection (Jersey) Law 2005, will lead to greater transparency in the public sector?"

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

"Will the Minister inform the Assembly of the consequences for SoJDC's development plan of the loss of the proposed anchor tenant of the Jersey International Finance Centre; of the number and extent of remaining expressions of interest from prospective tenants, whether they are new or relocations and whether he will now be ensuring the economic and financial viability of this development is independently assessed and reported to members?"

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

"Is the Minister aware that the UK benefit authorities have adopted a sanction regime similar to the Minister's by including certain zero-hours contracts as jobs suitable only for those job seekers on universal credit which can be rapidly adjusted to accommodate fluctuating hours and earnings, and if so, does the Minister intend to implement a version of this in Jersey with sufficient flexibility to protect job seekers from potential hardship?"

  1. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Treasury and Resources –

"Will the Minister advise members of the amount of tax paid by non-finance and utility companies in the last available figures and explain what progress, if any, he has made in increasing revenue from the corporate sector and in reducing the tax burden on personal income taxpayers."

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

"Following the transfer of £1 billion housing stock from the States to Andium Homes will the required return to the Treasury effectively reduce the company's rental income of £240m for the first 5 years (4.8 percent p.a.) by almost two thirds and, if so, how does this relate to the figures of £20m finance costs, £64m maintenance and £175m spend on new build/refurbishment given in his answer on 1st April?"

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

"Given the increased number of Senator seats to be contested in this year's elections, has the Comité given any consideration to revised procedures for hustings meetings to make them more effective?"

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

"Will the Minister inform the Assembly whether he  is  considering introducing a  charge  on properties connected to main drainage system as a means of financing the cost of replacing and updating the public sewer network?"

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

1st question period – Minister for Home Affairs

2nd question period – Minister for Treasury and Resources

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

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)

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

Minister for Home Affairs.

Draft Passports (False Statements and Forgery) (Jersey) Law 201- (P.14/2014):  P.14/2014. comments.  Com. Presented: 23rd April 2014.

Education and Home Affairs Scrutiny Panel.

Draft Passports (False Statements and Forgery) (Jersey) Law 201- (P.14/2014):  P.14/2014. amendment.  Amd. Lodged: 9th April 2014.

Minister for Home Affairs.

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

Minister for Economic Development.

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

Connétable of Grouville .

Grouville School: parking facilities (P.24/2014) – comments.  P.24/2014. Presented: 31st March 2014.  Com. Minister for Education, Sport and Culture.

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

Minister for Social Security.

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

Lodged: 11th March 2014.

Chief Minister.

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

Lodged: 12th March 2014.

Chief Minister.

Chief Minister election: Island-wide vote.  P.45/2014. Lodged: 1st April 2014.

Deputy S.Y. Mézec of St. Helier .

Chief Minister and Ministers for External Relations and Treasury and Resources:  P.44/2014. Island wide mandate.

Lodged: 1st April 2014.

Deputy of Grouville .

Chief Minister and Ministers for External Relations and Treasury and Resources:  P.44/2014. Island-wide mandate (P.44/2014) – comments.  Com. Presented: 17th April 2014.

Privileges and Procedures Committee.

Chief Minister and Ministers for External Relations and Treasury and Resources:  P.44/2014. Island-wide mandate (P.44/2014) – amendment.  Amd. Lodged: 8th April 2014.

Deputy of Grouville .

Draft States of Jersey (Amendment No. 8) Law 201-.  P.33/2014. Lodged: 18th March 2014.

Chief Minister.

Draft States of Jersey (Amendment No. 8) Law 201- (P.33/2014): comments.  P.33/2014. Presented: 17th April 2014.  Com. Privileges and Procedures Committee.

Draft States of Jersey (Amendment No. 8) Law 201- (P.33/2014): amendment.  P.33/2014. Lodged: 10th April 2014.  Amd. Deputy J.A. Martin of St. Helier .

Draft States of Jersey (Amendment No. 8) Law 201- (P.33/2014): amendments  P.33/2014. (P.33/2014 Amd., Amd.(2), Amd.(4), Amd.(5), Amd.(6), Amd.(7)) – comments.  Amds.Com. Presented: 25th April 2014.

Privileges and Procedures Committee.

Draft States of Jersey (Amendment No. 8) Law 201- (P.33/2014): amendments  P.33/2014. (P.33/2014 Amd., Amd.(2), Amd.(3), Amd.(5), Amd.(6), Amd.(7), Amd.(7)Amd.,  Amds. Amd.(8)) – comments.  Com.(2) Presented: 25th April 2014.

Chief Minister.

Draft States of Jersey (Amendment No. 8) Law 201- (P.33/2014): amendments  P.33/2014. (P.33/2014 Amd.(3), Amd.(8)) – comments.  Amds. Presented: 28th April 2014.  Com.(3) Privileges and Procedures Committee.

Draft States of Jersey (Amendment No. 8) Law 201- (P.33/2014): second  P.33/2014. amendment.  Amd.(2) Lodged: 11th April 2014.

Deputy T.A. Vallois of St. Saviour .

Draft States of Jersey (Amendment No. 8) Law 201- (P.33/2014): third amendment.  P.33/2014. Lodged: 14th April 2014.  Amd.(3) Deputy J.H. Young of St. Brelade .

Draft States of Jersey (Amendment No. 8) Law 201- (P.33/2014): fourth  P.33/2014. amendment.  Amd.(4) Lodged: 15th April 2014.

Chief Minister.

Draft States of Jersey (Amendment No. 8) Law 201- (P.33/2014): fifth amendment.  P.33/2014. Lodged: 15th April 2014.  Amd.(5) Chairmen's Committee.

Draft States of Jersey (Amendment No. 8) Law 201- (P.33/2014): sixth amendment.  P.33/2014. Lodged: 15th April 2014.  Amd.(6) Connétable of St. Mary .

Draft States of Jersey (Amendment No. 8) Law 201- (P.33/2014): seventh  P.33/2014. amendment.  Amd.(7) Lodged: 15th April 2014.

Deputy J.A.N. Le Fondré of St. Lawrence .

Draft States of Jersey (Amendment No. 8) Law 201- (P.33/2014): seventh  P.33/2014. amendment (P.33/2014 Amd.(7)) – amendment.  Amd.(7) Lodged: 22nd April 2014.  Amd. Deputy J.A.N. Le Fondré of St. Lawrence .

Draft States of Jersey (Amendment No. 8) Law 201- (P.33/2014): eighth  P.33/2014. amendment.  Amd.(8) Lodged: 17th April 2014.

Senator P.F.C. Ozouf .

Draft States of Jersey (Amendment No. 8) Law 201- (P.33/2014): eighth  P.33/2014. amendment (P.33/2014 Amd.(8)) – comments.  Amd.(8) Presented: 29th April 2014.  Com. Privileges and Procedures Committee.

International Criminal Court Act 2001: extension to Jersey.  P.34/2014. Lodged: 18th March 2014.

Chief Minister.

International Criminal Court Act 2001: extension to Jersey (P.34/2014) –  P.34/2014. addendum.  Add. Presented: 21st March 2014.

Chief Minister.

Draft International Criminal Court (Jersey) Law 201-.  P.35/2014. Lodged: 18th March 2014.

Minister for External Relations.

Draft International Criminal Court (Jersey) Law 201- (P.35/2014): addendum.  P.35/2014. Presented: 21st March 2014.  Add. Minister for External Relations.

Draft Public Elections (Expenditure and Donations) (Jersey) Law 201-.  P.36/2014. Lodged: 19th March 2014.

Privileges and Procedures Committee.

Residential rental property: minimum standards and a register of landlords.  P.42/2014. Lodged: 1st April 2014.

Deputy M. Tadier of St. Brelade .

Residential rental property: minimum standards and a register of landlords  P.42/2014. (P.42/2014) – amendment.  Amd. Lodged: 24th April 2014.

Minister for Housing.

Snow Hill car park: parking for States members, Jurats and Law Officers.  P.43/2014. Lodged: 1st April 2014.

Deputy E.J. Noel of St. Lawrence .

Snow Hill car park: parking for States members, Jurats and Law Officers  P.43/2013. (P.43/2014) – comments.  Com. Presented: 25th April 2014.

Privileges and Procedures Committee.

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

States Employment Board.

Draft Public Employees (Pensions) (Jersey) Law 201- (P.28/2014): amendment.  P.28/2014. Lodged: 15th April 2014.  Amd. States Employment Board.  (re-issue)

Draft Public Employees (Pensions) (Jersey) Law 201- (P.28/2014): amendment  P.28/2014. (P.28/2014 Amd.) – amendment.  Amd.Amd. Lodged: 24th April 2014.

Deputy E.J. Noel of St. Lawrence .

Energy Plan for Jersey: Pathway 2050'.  P.38/2014. Lodged: 24th March 2014.

Minister for Planning and Environment.

Waste Water Strategy.  P.39/2014. Lodged: 27th March 2014.

Council of Ministers.

Draft Freedom of Information and Data Protection (Amendments) (Jersey) Law  P.40/2014. 201-.

Lodged: 31st March 2014.

Chief Minister.

Draft Companies (Amendment No. 11) (Jersey) Law 201-.  P.41/2014. Lodged: 1st April 2014.

Chief Minister.

Draft Public Elections (Amendment No. 5) (Jersey) Law 201-.  P.46/2014. Lodged: 3rd April 2014.

Privileges and Procedures Committee.

(cannot be debated before 15th May 2014)

Draft Public Elections (Amendment No. 5) (Jersey) Law 201- (P.46/2014):  P.46/2014. amendment.  Amd. Lodged: 22nd April 2014.

Comité des Connétable s.

Draft Public Elections (Amendment No. 5) (Jersey) Law 201- (P.46/2014): second  P.46/2014. amendment.  Amd.(2) Lodged: 24th April 2014.

Privileges and Procedures Committee.

Public Employees Contributory Retirement Scheme: appointment of Chairman.  P.48/2014. Lodged: 8th April 2014.

Minister for Treasury and Resources.

Draft Amendment (No. 23) of the Standing Orders of the States of Jersey.  P.49/2014. Lodged: 14th April 2014.

Privileges and Procedures Committee.

Draft Amendment (No. 23) of the Standing Orders of the States of Jersey  P.49/2014. (P.49/2014): amendment.  Amd. Lodged: 25th April 2014.

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

  1. ARRANGEMENT OF PUBLIC BUSINESS 3rd June 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.

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.

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 .

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.

Draft Financial Regulation (Miscellaneous Provisions No. 2) (Jersey) Law 201-.  P.47/2014. Lodged: 7th April 2014.

Chief Minister.

Ratification of the Agreement on the exchange of information relating to tax  P.52/2014. matters between the Government of Jersey and the Kingdom of Belgium.

Lodged: 14th April 2014.

Minister for External Relations.

Draft Taxation (Exchange of Information with Third Countries) (Amendment  P.53/2014. No. 11) (Jersey) Regulations 201-.

Lodged: 14th April 2014.

Minister for External Relations.

Draft Insurance Business (Amendment No. 7) (Jersey) Law 201-.  P.55/2014. Lodged: 15th April 2014.

Chief Minister.

Draft Food Costs Bonus (Jersey) Regulations 201-.  P.56/2014. Lodged: 22nd April 2014.

Minister for Social Security.

Draft Safeguarding of Workers (Machinery and Woodworking Machines)  P.57/2014. (Revocation) (Jersey) Regulations 201-.

Lodged: 22nd April 2014.

Minister for Social Security.

Draft Social Housing (Transfer) (Jersey) Regulations 201-.  P.58/2014. Lodged: 23rd April 2014.

Minister for Housing.

(cannot be debated before 4th June 2014)

Housing Transformation Programme: Memorandum and Articles of Andium  P.60/2014. Homes Limited.

Lodged: 24th April 2014.

Council of Ministers.

(cannot be debated before 5th June 2014)

Committee of Inquiry: sale of Broad Street post office building.  P.61/2014. Lodged: 28th April 2014.

Senator A. Breckon.

Draft Social Housing (Transfer) (Jersey) Law 2013 (Appointed Day) Act 201-.  P.72/2014. Lodged: 7th May 2014.

Minister for Housing.

(Cannot be debated until 4th June 2014)

17th June 2014

Draft Public Finances (Transitional Provisions – States Trading Operations)  P.50/2014. (Amendment) (Jersey) Regulations 201-.

Lodged: 14th April 2014.

Minister for Treasury and Resources.

Draft Civil Aviation (Amendment of Law) (No. 2) (Jersey) Regulations 201-.  P.51/2014. Lodged: 14th April 2014.

Minister for External Relations.

Draft States of Jersey (Transfer of Functions No. 7) (Economic Development to  P.54/2014. External Relations) (Jersey) Regulations 201-.

Lodged: 15th April 2014.

Chief Minister.

Draft Aircraft Registration (Jersey) Law 201-.  P.62/2014. Lodged: 29th April 2014.

Minister for Economic Development.

Draft Air Navigation (Jersey) Law 201-.  P.63/2014. Lodged: 29th April 2014.

Minister for External Relations.

Draft Community Provisions (Goods Suspected of Infringing Intellectual Property  P.64/2014. Rights) (Jersey) Regulations 201-.

Lodged: 30th April 2014.

Minister for Home Affairs.

Draft Rehabilitation of Offenders (Exceptions) (Amendment) (Jersey) Regulations  P.65/2014. 201-.

Lodged: 1st May 2014.

Minister for Home Affairs.

Ratification of the Agreement between the Government of the United Kingdom and  P.66/2014. Northern Ireland and the Government of Jersey to improve international tax

compliance.

Lodged: 6th May 2014.

Chief Minister.

Draft Taxation (Implementation) (International Tax Compliance) (United  P.67/2014. Kingdom) (Jersey) Regulations 201-.

Lodged: 6th May 2014.

Chief Minister.

Ratification of the Agreement between the Government of the United States of  P.68/2014. America and the Government of Jersey to improve international tax compliance and

to implement FATCA.

Lodged: 6th May 2014.

Chief Minister.

Draft Taxation (Implementation) (International Tax Compliance) (United States of  P.69/2014. America) (Jersey) Regulations 201-.

Lodged: 6th May 2014.

Chief Minister.

Draft Income Support (Special Payments) (Long-Term Care) (Jersey) Regulations  P.70/2014. 201-.

Lodged: 6th May 2014.

Minister for Social Security.

Draft Income Support (Amendment No. 11) (Jersey) Regulations 201-.  P.71/2014. Lodged: 6th May 2014.

Minister for Social Security.

Draft Social Security (Amendment of Law No. 7) (Jersey) Regulations 201-.  P.73/2014. Lodged: 8th May 2014.

Minister for Social Security.

(Cannot be debated until 19th June 2014)

1st July 2014

Island Plan 2011: revised draft revision – approval.  P.37/2014. Lodged: 21st March 2014.

Minister for Planning and Environment.

Island Plan 2011: revised draft revision – approval (P.37/2014) – amendment.  P.37/2014. Lodged: 17th April 2014.  Amd. Connétable of St. Clement .  (re-issue).

Island Plan 2011: revised draft revision – approval (P.37/2014) – second  P.37/2014. amendment.  Amd.(2) Lodged: 30th April 2014.

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

Island Plan 2011: revised draft revision – approval (P.37/2014) – third amendment.  P.37/2014. Lodged: 1st May 2014.  Amd.(3) Deputy of St. Martin .

Island Plan 2011: revised draft revision – approval (P.37/2014) – fourth  P.37/2014. amendment.  Amd.(4) Lodged: 1st May 2014.

Connétable of St. Ouen .

Island Plan 2011: revised draft revision – approval (P.37/2014) – fifth amendment.  P.37/2014. Lodged: 6th May 2014.  Amd.(5) Senator F. du H. Le Gresley.

Island Plan 2011: revised draft revision – approval (P.37/2014) – sixth amendment.  P.37/2014. Lodged: 6th May 2014.  Amd.(6) Deputy J.H. Young of St. Brelade .

Island Plan 2011: revised draft revision – approval (P.37/2014) – seventh  P.37/2014. amendment.  Amd.(7) Lodged: 6th May 2014.

Deputy J.H. Young of St. Brelade .

Island Plan 2011: revised draft revision – approval (P.37/2014) – eighth  P.37/2014. amendment.  Amd.(8) Lodged: 6th May 2014.

Deputy J.H. Young of St. Brelade .

Island Plan 2011: revised draft revision – approval (P.37/2014) – ninth amendment.  P.37/2014. Lodged: 6th May 2014.  Amd.(9) Deputy J.H. Young of St. Brelade .

Island Plan 2011: revised draft revision – approval (P.37/2014) – tenth amendment.  P.37/2014. Lodged: 6th May 2014.  Amd.(10) Deputy J.H. Young of St. Brelade .

Island Plan 2011: revised draft revision – approval (P.37/2014) – eleventh  P.37/2014. amendment.  Amd.(11) Lodged: 6th May 2014.

Minister for Economic Development.

Draft Community Provisions (Food Supplements) (Jersey) Regulations 201-.  P.74/2014. Lodged: 8th May 2014.

Minister for Health and Social Services.

Draft Community Provisions (Nutrition and Health Claims on Foods) (Jersey)  P.75/2014. Regulations 201-.

Lodged: 8th May 2014.

Minister for Health and Social Services.

15th July 2014

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

Minister for Transport and Technical Services.

9th September 2014

Housing Transformation Programme: amendment to the Medium Term Financial  P.59/2014. Plan 2013 – 2015.

Lodged: 23rd April 2014.

Council of Ministers.

M.N. DE LA HAYE Greffier of the States

7th May 2014 Note –

In accordance with the meeting dates fixed for 2014 by the Privileges and Procedures Committee, this meeting will continue on Wednesday 14th, Thursday 15th May 2014 and, in accordance with the decision of the States on 30th April 2014, also on Tuesday 20th, Wednesday 21st and Thursday 23rd May 2014 if necessary.

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

R&O.42/2014.

This Order amends the Community Provisions (Restrictive Measures – Ukraine) (Jersey) Order 2014 by giving effect in Jersey to the amendments made by Council Implementing Regulation (EU) No. 433/2014 (OJ No. L126, 29.4.2014, p.48) to Council Regulation (EU) No. 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, which adds to the list of persons that are subject to restrictive measures in view of the gravity of the situation in Ukraine.

The Order was made on 30th April 2014 and came into force forthwith. R&O.43/2014.

This Order sets out the rates for benefits towards the cost of long-term care, and conditions for receiving such benefits, under the Long-Term Care (Jersey) Law 2012 ("Law").

Article 1 is an interpretation provision. In particular it defines "eligible person" to mean a person over the age of 18 who (a) is in a care home approved under the Law or who is receiving a care package approved under the Law in the person's home; (b) has been assessed under the Law as needing care and (c) has applied for a benefit under the Law. It also defines "owned principal residence" to mean a principal residence in Jersey that is owned wholly or partly by an eligible person and/or the eligible person's partner. An "approved home" can be either a "group home" (generally catering for a small number of adults whose requirements for long-term care are not age related) or a "care home" (that is an approved home that is not a group home.) (Words and phrases which require detailed definition are set out in Articles 2 to 7.)

Article 2 defines "asset" to mean all of a person's immovable and movable (whether tangible or intangible) property. Personal possessions with a market value of less than £10,000 (unless held for investment purposes) and income are excluded from the definition. Property worth more than £5,000 that was disposed of at less than market value within the 10 year period prior to a person becoming an eligible person is included in the definition unless such a person can reasonably demonstrate that the primary purpose of the disposal was not to obtain state or parish benefits relating to care. If a person has disposed of a principal residence owned by the person (or by the person's partner) at any time, but continued to live in the residence, the residence is also included within the definition of "asset" unless, again, the person can reasonably demonstrate that the primary purpose of the disposal was not to obtain state or parish benefits relating to care. However property disposed of by a person's partner before the commencement of a partnership is not included within the definition of "asset".

Article 3 sets out a definition of "carer" of another person. This definition largely follows that used under the Social Security (Jersey) Law 1974. The definition is relevant for determining when an owned principal residence ceases to be occupied, which, in turn, is relevant to when a person is deemed to have income from the property and when a loan under the Law is repayable.

Article 4 sets out the meaning of "deemed income". In certain circumstances an eligible person is deemed to have income arising from a proportion of the value of an unoccupied owned principal residence or from any other assets (excluding other assets to the value of £25,000).

Article 5 sets out a meaning of "dependent". The definition refers, broadly, to children under the age of 19 (or under the age of 25 in the case of those receiving full-time education). The definition is relevant to determining when sums for supporting dependents are excluded from the definition of "income".

Article 6 sets out a definition of "income". Broadly all income, both earned and unearned income, is included and the definition also sets out expenses that can be deducted from income. The definition is relevant for assessing the extent to which certain benefits are payable in accordance with the Order.

Article 7 sets out a definition of "loan" to mean a loan secured under the Social Security Hypothecs (Jersey) Law 2014 or under the Security Interests (Jersey) Law 2012. Property which is used as security for a loan must include an owned principal residence or be derived from entitlement to occupy such property by reason of it being share transfer property or by reason of a consent granted under Regulation 1(1)(j) of the Housing (General Provisions) (Jersey) Regulations 1970.

Article 8 sets out the rates of benefit for the cost of long-term care ("care costs). The amount depends on the level of care required and whether it is received in a care home, group home or a person's own home.

Article 9 provides that a person is entitled to a grant of the care costs referred to in Article 8 provided certain conditions are met. The main conditions are that (a) the eligible person pays a fixed sum towards the care costs (this sum is set out in Article 10, broadly £50,000 in the case of a single person or £75,000 in the case of a partnership); (b) if in an approved home, the person pays, in addition to care costs, weekly costs of £300 and any incidental weekly expenses (up to £32.66 per week); and (c) if the person choses to receive care that costs more than the care costs or, if applicable, the weekly additional amounts, the person pays those amounts.

Article 10 sets out how the fixed sum to be paid towards care costs is determined in the case of a partnership, taking into account such things as when the partnership commenced and what happens if the partnership beaks up or a partner dies.

Article 11 sets out the circumstances in which a grant is available to meet the costs referred to in Article 9(b) and (c). A person is entitled to such a grant where the person's income and deemed income and the value of assets owned by the person, including any partner of the person, are insufficient to meet those payments.

Article 12 sets out the circumstances in which a loan is available to meet the costs referred to in Article 9(b), (c) and (d).

Article 13 sets out how a person's assets (that is a person's owned principal residence and any other assets) are valued for the purpose of determining whether a person is entitled to a benefit under Article 11 or 12. To the extent that the value in such assets is disregarded under this Article, such value may be taken into account for the purpose of assessing the person as having deemed income, as calculated in accordance with the definition of "deemed income" in Article 4.

Article 14 sets out some general matters concerning valuation, market value and allows a determining officer (that is a person who assesses a person's entitlement to benefits under the Law) to require a person's income and assets to be assessed at any time for the purpose of determining the benefits to which a person is entitled or the payments which a person must make under the Order.

Article 15 sets out the circumstances in which a loan must be repaid and the rate of interest payable.

Article 16 sets out the title of the Order and provides that it will come into force on the same day that Parts 3 and 4 of the Long-Term Care (Jersey) Law 2012 come into force.

The Order was made on 1st May 2014 and comes into force in accordance with Article 16. R&O.44/2014.

This Order amends the Income Support (General Provisions) (Jersey) Order 2008 (defined as the "principal Order") in Article 1.

Article 2 inserts in the principal Order definitions of "approved care home" and "long-term care" by cross referring to definitions used in the Long-Term Care (Jersey) Law 2012 and the Long-Term Care (Benefits) (Jersey) Order 2014.

Article 3 amends the principal Order so that a person who is treated as a member of the same household as another person (such as a spouse or civil partner) for the purposes of the principal Order continues to be treated as a member of the same household whilst receiving long-term care in an approved care home.

Article 4 amends the principal Order by excluding financial support from the Minister for Social Security for long-term care from the definition of "income" used in Schedule 2 to the principal Order.

Article 5 sets out the title of the Order and provides that it will come into force on the same day that Parts 3 and 4 of the Long-Term Care (Jersey) Law 2012 come into force.

The Order was made on 2nd May 2014 and comes into force in accordance with Article 5.

R&O.45/2014.

This Order increases fees for applications for leave to remain in Jersey. The fees are increased by 4%, with the exception of the fee for limited leave to remain for a dependent and the fee for indefinite leave to remain for a dependent, which are both increased by 38.8%.

The increases take effect on 1st June 2014. The last increases took effect on 1st June 2013. The Order was made on 2nd May 2014 and comes into force on 1st June 2014.

WRITTEN QUESTIONS (See Item I(a))

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

"Would the Minister Provide figures for the amount of taxation received from each area of the economy for the years 2012 and 2013?"

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

"Would the Minister advise whether he intends giving support to fishermen who have suffered as a result of this winter's weather and, if so, would he describe the means by which he will achieve that?

Is he considering interest-free loans or grants and, if so, would he explain how that will be administered and how he will achieve fairness?

Furthermore, should the support be, for example, funding to replace lost or damaged pots etc, how will he ensure claims are genuine?"

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

"What current legislation, if any, exists to prevent restaurants and pubs refusing entry to a person accompanied by a guide dog?"

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

"Will the Minister provide members with a breakdown of the reasons behind the 500 warnings issued to jobseekers for failing to actively seek work?

Would the Minister also provide a breakdown of those who were subject to sanctions (withdrawal of personal component) for a second or third breach along with the intervals between such breaches?

How many of these cases were appealed and found to be incorrectly applied? How many have been subject to complete withdrawal of benefits?

Will he also supply a suitably anonymised list of the71 "insufficiently good reasons" for leaving work which were also sanctioned and the length of employment in that job?

Will he further give details of those 10 cases where the application of sanctions was found to be invalid?

Does he believe that a 15% failure rate on these cases is satisfactory?

Do his departmental rules categorise the turning down of a zero-hours contract as reasonable for a jobseeker?"

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

"Has the Chief Minister considered the latest Office for National Statistics data which estimates that there are 1.4m zero-hours (or no guaranteed hours) contracts in existence in the UK, up from 200,000 in 2011, along with the Resolution Foundation research which shows that zero-hours contracted workers are paid a lower hourly rate than other equivalent workers and that younger workers are disproportionally affected by these contracts?

In the light of these factors is he prepared to accelerate his own efforts to deliver his report on the local situation before the end of the year?"

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

"Would the Minister describe whether his department monitors the night time trawling that takes place to the south and east of the Island, to ensure all relevant Laws and Regulations are being complied with and, if so, how and by what means?"

ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))

2014

1st Session 2014

June 3rd June 17th July 1st

July 14th p.m. (Monday)

2nd Session 2014 September 9th September 22nd (Monday) November 25th December 9th


Education, Sport and Culture Health and Social Services Housing

Planning and Environment

Transport and Technical Services External Relations

Treasury and Resources Education, Sport and Culture


Chief Minister Economic Development Chief Minister

Social Security

Chief Minister Home Affairs

Chief Minister

Health and Social Services

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