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Order Paper 25th November 2014

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STATES OF JERSEY ORDER PAPER

Tuesday 25th November 2014

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

Conservation of Wildlife (Amendment No. 6) (Jersey) Order 2014.  R&O.179/2014. Minister for Planning and Environment.

  1. DOCUMENTS PRESENTED OR LAID

Appointment of Assistant Ministers: consent of the Chief Minister.  R.160/2014. Presented: 17th November 2014.

Chief Minister.

States of Jersey Law 2005: delegation of functions – Education, Sport and Culture.  R.161/2014. Presented: 17th November 2014.

Minister for Education, Sport and Culture.

States of Jersey Law 2005: delegation of functions – Social Security – revised  R.162/2014. delegations November 2014.

Presented: 18th November 2014.

Minister for Social Security.

States of Jersey Law 2005: delegation of functions – Health and Social Services –  R.163/2014. revised delegations November 2014.

Presented: 20th November 2014.

Minister for Education, Sport and Culture.

Appointment of Deputy Chief Minister.  R.164/2014. Presented: 20th November 2014.

Chief Minister.

States of Jersey Law 2005: delegation of functions –Treasury and Resources –  R.165/2014. revised delegations November 2014.

Presented: 20th November 2014.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – Cotil des Vaux, Carteret de Bas,  R.166/2014. Mont Matthieu, St. Ouen – proposed sale.

Presented: 21st November 2014.

Minister for Treasury and Resources.

Radon (S.R.11/2014): response of the Minister for Social Security.  S.R.11/2014. Presented: 17th November 2014.  Res.(3) Minister for Social Security.

  1. NOTIFICATION OF LODGED PROPOSITIONS
  2. WITHDRAWAL OF LODGED PROPOSITIONS
  1. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

Nomination of the Deputy of St. Mary as a member of the Environment, Housing and Technical Services Scrutiny Panel.

  1. MATTERS OF PRIVILEGE
  2. PETITIONS
  3. QUESTIONS
  1. Written Questions(attached)
  1. The Chief Minister will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding balancing the Consolidated Fund.
  2. The Minister for Home Affairs will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding balancing the Consolidated Fund.
  3. The Minister for Social Security will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding balancing the Consolidated Fund.
  4. The Minister for Treasury and Resources will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding balancing the Consolidated Fund.
  5. The Minister for Education, Sport and Culture will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding balancing the Consolidated Fund.
  6. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding registration cards.
  7. The Minister for Treasury and Resources will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the cost of the new police station.
  8. The Minister for Home Affairs will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding a submission by the former Chief Officer of the States of Jersey Police.
  9. The Minister for Economic Development will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding grants made from the Innovation Fund.
  10. The Minister for Health and Social Services will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the Service Level Agreement between the Department and Les Amis.
  11. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the minimum wage.
  12. The Minister for Treasury and Resources will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the delivery of Gigabit Jersey.
  13. The Minister for Treasury and Resources will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding tax revenues and the 2016 budget.
  1. The Minister for Treasury and Resources will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding an alleged dispute between Gigabit employees and their employer.
  1. Oral Questions (120 minutes)
  1. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Housing –

"Does the Minister have any plans to bring forward proposals to improve security of tenure for residents of lodging houses?"

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

"Will the Minister, as shareholder representative, examine the contractual relationship between Gigabit Field Force and CH2M to establish whether the latter can deliver broadband connections at a profit without being required to reduce overheads such as the wage bill for its workforce?"

  1. Deputy A.D. Lewis of St Helier will ask the following question of the Minister for Transport and Technical Services –

"Can the Minister state whether the Department has been unable to provide the States of

Guernsey with a competitive quote to provide a temporary service for the disposal of Guernsey's waste using the Energy from Waste Plant, and if so why?"

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

"Will the Minister confirm whether both Deputy Directors of Commissioning have left or will be leaving the employ of the Health Department shortly, and outline what steps, if any, have been taken  to fill those roles given  that the officeholders  were  undertaking key pieces  of work including the Mental Health Strategy and Service Review?"

  1. Deputy M. Tadier of St. Brelade will ask the following question of the Chairman of the Education and Home Affairs Scrutiny Panel –

"Will the Panel press for the implementation of recommendation 7.19 of the report of the Education and Home Affairs Scrutiny Panel S.R.7/2009, namely that: The Minister for Home Affairs should implement a new system, enabling independent members of the public to sit on the Board of Visitors'?"

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

"Will the Minister outline his definition of what constitutes a structural deficit in States finances and state whether he believes there will be one going forward from 2016 based on the current figures and projections available to him, giving his reasons for this?"

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

"Will the Chief Minister explain why the Joint Safeguarding Board is not on a statutory footing and detail what measures, if any, he intends to take to address this?"

  1. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Treasury and Resources –

"What progress has been made by Jersey Telecom to resolve the apparent dispute with workers on the Gigabit project and what role has the Minister played, as shareholder representative, in trying to ensure that all workers are paid for the work they have done?"

  1. Deputy M. Tadier of St. Brelade will ask the following question of the Chairman of the Minister for Treasury and Resources –

"Given that, on 6th November 2014, the then candidate for Minister acknowledged that the gap between the poorest in Jersey society and the wealthiest was growing, what action, if any, will he be taking to seek to reverse this trend?"

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

"Will the Minister inform members when she intends to report to members the results of her research into the extent of the use of zero-hours contracts as requested in P.100/2013 Zero- hours contracts: regulation'?"

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

"In the light of the concerns outlined in a letter from industry professionals about the proposed International Finance Centre, will the Chief Minister state whether he shares those concerns and whether a full review will be carried out before any further development proceeds?"

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

1st question period – Minister for Treasury and Resources

2nd question period – Chief Minister

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

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

Chief Minister.

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

Deputy of Grouville .

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

Minister for Planning and Environment.

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

Chief Minister.

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

Lodged: 22nd September 2014.

Minister for Economic Development.

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

Lodged: 23rd September 2014.

Chief Minister.

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

Chief Minister.

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

Chief Minister.

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

Minister for Treasury and Resources.

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

Chief Minister.

  1. ARRANGEMENT OF PUBLIC BUSINESS 9th December 2014

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

Deputy M. Tadier of St. Brelade .

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

Minister for Health and Social Services.

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

Deputy M. Tadier of St. Brelade .

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

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

Deputy M. Tadier of St. Brelade .

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

Minister for Health and Social Services.

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

Lodged: 21st October 2014.

Minister for Social Security.

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

Chief Minister.

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

Chief Minister.

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

Lodged: 29th October 2014.

Chief Minister.

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

Chief Minister.

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

Deputy M. Tadier of St. Brelade .

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

Minister for External Relations.

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

Minister for Social Security.

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

Minister for Planning and Environment.

20th January 2015

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

Connétable of St. Helier .

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

20th November 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 26th and Thursday 27th November 2014.

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

R&O.179/2014.

The purpose of this Order is to amend Schedules 1 and 4 to the Conservation of Wildlife (Jersey) Law 2000 (the "Law"), so as to add the scientific name of another species of common toad in order to afford that species protection under the Law.

The Order was made on 17th November 2014 and came into force on 24th November 2014.

WRITTEN QUESTIONS (See Item I(a))

  1. The Chief Minister will table an answer to the following question asked by Deputy M. Tadier of St. Brelade

"Will the Minister detail for members how he will deliver those measures to balance the Consolidated Fund that apply to the Chief Minister's Department and are listed on page 56 of the accompanying report to P.129/2014 Draft Budget Statement 2015'?"

  1. The Minister for Home Affairs will table an answer to the following question asked by Deputy M. Tadier of St. Brelade -

"Will the Minister detail for members how she will deliver those measures to balance the Consolidated Fund that apply to the Home Affairs Department and are listed on page 56 of the accompanying report to P.129/2014 Draft Budget Statement 2015'?"

  1. The Minister for Social Security will table an answer to the following question asked by Deputy M. Tadier of St. Brelade -

"Will the Minister detail for members how she will deliver those measures to balance the Consolidated Fund that apply to the Social Security Department and are listed on page 56 of the accompanying report to P.129/2014 Draft Budget Statement 2015'?"

  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy M. Tadier of St. Brelade -

"Will the Minister detail for members how he will deliver those measures to balance the Consolidated Fund that apply to the Treasury and Resources Department and are listed on page 56 of the accompanying report to P.129/2014 Draft Budget Statement 2015'?"

  1. The Minister for Education, Sport and Culture will table an answer to the following question asked by Deputy M. Tadier of St. Brelade -

"Will the Minister detail for members how he will deliver those measures to balance the Consolidated Fund that apply to the Education, Sport and Culture Department and are listed on page 56 of the accompanying report to P.129/2014 Draft Budget Statement 2015'?"

  1. The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier -

"Will the Chief Minister set out for members the number of people who have applied for registration cards under the new Control of Housing and Work (Jersey) Law 2012, breaking down the numbers into the nationality and country of origin of all those who have applied during the following periods:

  1. 1st April 2014 to 30th June 2014; and
  2. 1st July 2014 to 30th September 2014."
  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 advise members:

  1. the cost of the new police station at the time of the States decision to proceed with the Green Street car park site;
  2. details of all subsequent amendments to the design and construction of the building and the site together with their associated costs and the reasons for the amendments and changes."
  1. The Minister for Home Affairs will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier -

"Will the Minister advise members whether she will be publishing to members a redacted copy of the submission of the former States of Jersey Police Chief to the Wiltshire Police (Operation Haven) which her predecessor advised the Assembly would be published after the release of the Wiltshire Report?"

  1. The Minister for Economic Development will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier -

"Will the Minister advise members of each and every grant/loan that has been made from the Innovation Fund explaining:

  1. to whom the grant/payment was made;
  2. the purpose of the grant/loan;
  3. the amount paid;
  4. the conditions, if any, attached to each grant/loan;
  5. the return or benefit, if any, that the Department would expect to receive from the recipient for the grant/loan and the average timescale set for this;
  6. what due diligence, if any, was carried out on the recipients; and,
  7. whether the number of employees working for the recipient in the Island is a consideration when applying the grant, and if not why not?"
  1. The Minister for Health and Social Services will table an answer to the following question asked by Deputy G.P. Southern of St. Helier -

"Will the Minister release the terms of the Service Level Agreement between the Department and Les Amis covering the provision of group home, outreach and respite care services and state how service levels compare with UK or international standards, in particular in the terms and conditions and training of care workers?"

  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 advise –

  1. What mechanisms, if any, are in place to check that employers are paying at least the minimum wage and what conditions apply in order to engage such mechanisms?
  1. On how many occasions, if any, have employers been investigated for allegedly failing to pay the minimum wage and in how many cases have prosecutions taken place?
  2. Whether any complaint has been registered on behalf of Gigabit Field Force (GFF) employees  relating to the conditions  placed  on hours  worked  on Gigabit Jersey by CH2M, with only hours worked on successfully completed connections being registered for payment, and how this relates to the application of minimum wage requirements?"
  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy G.P. Southern of St. Helier

"Will the Minister update members on the previous and current targets for the delivery of Gigabit Jersey home and business connections by Jersey Telecom through its subsidiary Gigabit Field Force (GFF), including what proportion of -

  1. homes; and
  2. businesses;

have so far been connected along with how many remain to be completed?"

  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy G.P. Southern of St. Helier

"Will the Minister inform members of the latest predictions for tax revenues for 2016 given the forecasts for economic growth in the UK, Europe, and the world, which have emerged from the latest G20 meeting, and what regard, if any, is being given to this when considering the budget for 2016?"

  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy G.P. Southern of St. Helier

"Will the Minister, as the shareholder representative, advise:

  1. Whether he has investigated any dispute between Gigabit employees and their employer Gigabit Field Force, a wholly owned subsidiary of Jersey Telecom, concerning the accuracy of the recording of hours worked by Gigabit employees, and if not will he do so?
  2. What steps, if any, he has taken to resolve any dispute, and if none, what steps will he take to bring about resolution?
  3. Whether he considers the use of zero-hours contracts to be appropriate to the delivery of Gigabit connections and if so, can he offer a justification for this?
  4. Whether he considers that, when employees work between the hours of 7 a.m. and 7 p.m. and their place of work may be anywhere on the Island, non-payment for travel time, waiting time (while the owner of a property is contacted) or hours worked when a connection is not completed, constitutes best employment practice?"

ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE

(See Item I(c))

2014

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

2015

1st Session 2015

January 20th February 3rd February 24th March 10th March 24th April 14th April 28th


Economic Development Housing

Social Security

Transport and Technical Services External Relations

Treasury and Resources

Health and Social Services


Chief Minister

Planning and Environment Chief Minister

Home Affairs

Chief Minister

Education, Sport and Culture Chief Minister