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Order Paper 18th March 2014

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STATES OF JERSEY ORDER PAPER

Tuesday 18th March 2014

  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.

  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.

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.

  1. NOTIFICATION OF LODGED PROPOSITIONS

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.

  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.
  1. 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.
  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 World War 1 Anniversary plans.
  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 cost of installing cycle racks at Rue des Prés Trading Estate.
  4. 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.
  5. 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 by careless driving' legislation.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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?"

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

"Is the Minister, given his responsibility for Health and Safety at Work legislation, 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 Financial Services Ombudsman (Jersey) Law 201-.  P.9/2014. Lodged: 21st January 2014.

Minister for Economic Development.

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.

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

Deputy J.H. Young of St. Brelade .

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

Deputy M. Tadier of St. Brelade .

  1. ARRANGEMENT OF PUBLIC BUSINESS 1st 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.

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

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.

M.N. DE LA HAYE Greffier of the States

13th March 2014 Note –

In accordance with the meeting dates fixed for 2014 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 19th and Thursday 20th March 2014.

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

R&O.25/2014.

This Order gives effect in Jersey to Council Regulation (EU) No. 208/2014 of 5 March 2014 (OJ No. L 66/1, 6.3.2014) concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine.

The Order was made on 7th March 2014 and came into force on 8th March 2014.

WRITTEN QUESTIONS (See Item I(a))

  1. The Chief Minister will table an answer to the following question asked by the Connétable of St. Lawrence –

"Will the Chief Minister inform the Assembly of all legislation due to be lodged by Ministers and debated before the summer recess?"

  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy J.A. Hilton of St. Helier –

"1. How many primary schools in the Island have asbestos in them and do they all have asbestos

management plans?

  1. How many secondary schools have asbestos in them and do they all have asbestos management plans?
  2. What training, if any, has been given to staff working in schools where there is known to be asbestos?
  3. What funds, if any, have been committed to the removal of asbestos?
  4. Has Property Holdings ensured that the Education, Sport and Culture Department is aware of the increased risk to children associated with the exposure to asbestos?
  5. What is the policy on removing asbestos from schools and is this in line with a States-wide policy?"
  1. The Minister for Planning and Environment will table an answer to the following question asked by the Deputy of St. Martin –

"Will the Minister inform the Assembly of his intentions regarding the following coastal footpaths in the Parish of St. Martin -

  1. the footpath between St. Catherine's Breakwater and Fliquet, which has been closed for some years now;
  2. the footpath between Archirondel and St. Catherine's Lifeboat Station which has been closed since March 2013; and,
  3. the footpath between St. Catherine's Breakwater and Rue de Fliquet which has been closed since February 2014.

Will he further inform the Assembly what work needs to be done in these various locations and when it is expected this work will be completed?"

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

"Has the Finance Industry Sound Business Practices Committee, which was asked to consider what constitutes aggressive' tax avoidance some 6 months ago, yet reported its definition and if so will the Chief Minister inform members what it is?

Will he further circulate the wider "Code of Good Practice" for the industry which was due to be produced by the end of last year?

If not will he report what problems, if any, the Committee has encountered in arriving at a definition and when it might report on this essential aspect of government policy?

Will the Chief Minister state what, if anything, has changed since June 2012 when he responded to a question on the NT (No Tax) Advisors K2 scheme and the decision to investigate and act on the activities of NT Advisors "Project Corbiere" tax avoidance scheme?

Will the Chief Minister also reveal what the residential status of the local director of NT Advisors/ NT Jersey is  and whether, under the  Control of Housing and Work (Jersey) Law 2012, his permission to reside or to trade here can be withdrawn?"

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

"What role, if any, does the Jersey Financial Services Commission have in the regulation or supervision of the activities of the Channel Islands Stock Exchange (formerly CISX) and if none, given the extensive use of the exchange by Jersey companies and traders and the recent situation surrounding the involvement of the Chief Minister of Guernsey, does he not consider that some supervisory role should be undertaken by Jersey authorities?

Does the Chief Minister consider that the minimal supervision of the activities of CISX over the past decade, including the ability of the Chairman of the Regulator to be a Director of CISX simultaneously, bring the reputation of all Channel Islands as financial centres into disrepute and, if so, what action, if any, does he propose to restore this Island's reputation and/or to distance Jersey from activities in Guernsey?

In the light of the involvement of Robert Christensen and Advocate Tim Herbert as directors of CISX during the alleged "ramping" of share prices in 2005, will the Chief Minister request the Minister for Economic Development to take any action in relation to their membership of the Jersey Finance Limited Board and the Chairmanship of the Jersey Innovation Fund, respectively?"

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

"Given the position of the Minister for Economic Development on the adoption of Transfer of Undertakings (Protection of Employment) (T.U.P.E.) principles expressed on the 4th March 2014 in relation to the recent baggage handling dispute at the Airport, what progress, if any, has the Chief Minister made on developing the Jersey code of practice which, it was promised over a year ago would improve upon and take the place of UK-style regulation?

Will the Chief Minister publish this code and state whether he intends to bring this Code of Practice to the Assembly for endorsement by the States? If so, when and, if not, why?

Will the Chief Minister state whether this code will apply to all cases of transfer of undertakings, whether of private or public entities and, if it had been in place, how would it have contributed to resolving the recent dispute over the baggage handlers and Aurigny?"

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

"In the light of the results of the Jersey/UK relative consumer price levels report from the Statistics Unit, which show that the cost of living including housing in Jersey is 19% higher than the UK average, what consideration, if any, has the Minister given to undertaking a major review of the level of the minimum wage before the end of the year and, if none, why not?

Does the Minister accept that the current level of the minimum wage is inadequate to support an individual let alone a family and produces in-work poverty which in turn is only partly alleviated by significant sums from taxpayer-funded Income Support payments?

Will the Minister inform members what reduction in the Income Support bill would be produced by a rise in the minimum wage by 19% to around £7.90 per hour?"

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

"In the light of the most recent figures for the number of minimum hours contracts in the UK, which show a doubling of previous estimates, what consideration, if any, will the Minister give to taking measures to protect employees in Jersey by ending the use of exclusivity clauses' and stopping the use of these contracts when employees are, in practice, working regular hours?"

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

"Would the Minister advise, further to his Ministerial Decision of 24th February 2014 whereby he allocated a total of £465,000 for World War 1 anniversary projects, the exact nature of those projects, whether any business plan exists for the projects and who will be responsible for ensuring value for money is achieved?"

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

"Would the Minister advise the cost of installing the cycle racks at Rue des Prés Trading estate and provide details of their level of usage in order to demonstrate value for money has been achieved?"

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

"As shareholder representative for Jersey Telecom, would the Minister advise whether problems with billing remains ongoing and, if so, will he now issue the Jersey Telecoms  Board with directions to resolve the matter?"

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

"Further to the response he gave on 4th June 2013 to my written question, will the Minister advise what progress, if any, has been made towards either drafting a new Law or amending the Road Traffic (Jersey) Law 1956 to provide for causing death or injury by careless driving' and what has been the reason for the delay in bringing this forward for debate?"

  1. The Minister for Planning and Environment 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 lodging the necessary legislation to give the Planning Applications Panel similar protection to that enjoyed by scrutiny panels and, if so, when?"

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

"In terms of numbers and percentages, how many of the eligible population have, over the last 5 years, signified their wish to donate organs upon death and, at the time of death, how many relatives have agreed to the making of organ donations and how does this compare to the percentages and numbers for England?"

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

"Could the Minister confirm whether the utilities for which he is the States shareholder representative are bound by the States policy to implement succession planning and, if so, could he outline how adherence to this policy is monitored?"

  1. The Chief Minister will table an answer to the following question asked by Deputy S.S.P.A. Power of St. Brelade –

"Does the Chief Minister consider that the problem of net inward migration to Jersey needs to be tackled at the point of entry and specifically those seeking employment at the entry level work areas in the registered area?

Does the Chief Minister consider that existing controls at Jersey's Airport and Harbour to control daily arrivals seeking work in Jersey, mostly from the European Union (EU), are ineffective?

Does the Chief Minister accept that a work permit system should be introduced to control the daily arrivals to ensure immigrants are pre-approved before arriving at the point of entry?

Does the Chief Minister agree that Jersey, as it is not a Member of the EU, should be able to exercise some effective independent control over its own immigration policy and border control in a similar manner to Switzerland, which recently agreed to re-introduce strict quotas for immigration from European Union countries ?"

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

"Will the Minister inform the Assembly of the conclusions he has reached in respect of the completeness, accuracy, fairness, openness and transparency of the Planning enforcement procedures, from his review of recent cases, including -

  1. his exchanges with the Complaints Board in respect of their report R.144/2013 (R.154/2013 and R15/2014);
  2. the invalid enforcement notices and quashing of convictions in the case confirmed in his reply to my question of 18th February 2014;
  3. those referred to in reply to my question of 4th March 2014 and supplementary questions when he advised the States that he had apologised for the conduct of his enforcement officers; and,
  4. current cases.

Will he further advise whether the enforcement procedures which were recommended by the Planning Officers Society report of 2011 and the recommendations of the Reg's Skips Committee of Inquiry (R.118/2010 and R.38/2011) have been followed and, if not, why not, and will he explain his intentions for future improvements in enforcement procedures and when they will be implemented?

Where such procedures are found to be wanting, will he be apologizing to the people concerned and making restitution to those who have suffered stress, consequential cost and loss?"

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

"Will the Minister set out for members full details of the monies allocated and expended for court and case costs in Jersey each year between 2003 and 2013?

"Will the Minister outline what steps, if any, have been taken since the publication of the Comprehensive Spending Review Steering Group Report into the Court and Case Costs and Criminal Justice Process' to -

  1. establish a Justice System Board to maintain oversight of the system;
  2. reduce costs, with the Minister identifying savings which have been made;
  3. deal with the procurement issues relating to professional services and identify the savings that have been made and how they were achieved;
  4. streamline the criminal justice system in order to save costs, identifying where the system has been streamlined and what savings have been achieved?"
  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy J.H. Young of St. Brelade –

"Will the Minister make available to the Assembly, a schedule of the land and property assets currently owned by the public, identifying those earmarked for sale and disposal, together with a statement of the policy criteria when deciding that such land and property asset :

  1. is a strategic asset;
  2. is wholly operational in nature;
  3. should be retained permanently in public ownership in perpetuity;
  4. should be retained in public ownership to conserve Jersey's heritage and culture;
  5. should be retained to preserve the Island environment and the public access and enjoyment of it;
  6. should be retained to ensure our community can continue to benefit from the amenity currently enjoyed;
  7. should be retained in public ownership only when used for public service provision;
  8. should be exploited for economic purposes by re-development and disposal?

Would the Minister further advise whether in deciding to sell public property he recognizes the special importance in Jersey of all of our built heritage or whether his policy is selective and, whether he ensures that public land and property assets in our coastal National park, especially land alongside the coast at St. Ouen 's Bay should be maintained in their existing open and undeveloped state?"

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

"Will the Minister inform the Assembly of the results of core samples taken on the Pine Walk during 2013? Will he further inform the Assembly what these results mean in practical terms, his intentions to remedy any problems that may exist and his timescale for that remediation?"

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

2014

1st Session 2014

April 1st  Social Security  Transport and Technical Services April 29th  External Relations  Chief Minister

May 13th  Home Affairs  Treasury and Resources

June 3rd  Education, Sport and Culture  Chief Minister

June 17th  Health and Social Services  Economic Development

July 1st  Housing  Chief Minister

July 14th p.m.  Planning and Environment  Social Security

(Monday)

2nd Session 2014

September 9th  Transport and Technical Services  Chief Minister September 22nd  External Relations  Home Affairs

(Monday)

November 25th  Treasury and Resources  Chief Minister

December 9th  Education, Sport and Culture  Health and Social Services

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