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Order Paper 4th February 2014

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STATES OF JERSEY ORDER PAPER

Tuesday 4th February 2014

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

Road Racing (Hill Climbs and Sprints) (Jersey) Order 2014.  R&O.10/2014. Minister for Transport and Technical Services.

Sand Racing (Jersey) Order 2014.  R&O.11/2014. Minister for Transport and Technical Services.

Road Traffic (Public Parking Places – Charges) (Amendment No. 5) (Jersey)  R&O.12/2014. Order 2014.

Minister for Transport and Technical Services.

Employment (Code of Practice) (Disciplinary and Grievance Procedures) (Jersey)  R&O.13/2014. Order 2014.

Minister for Social Security.

Community Provisions (Restrictive Measures – Iran) (Amendment No. 6) (Jersey)  R&O.14/2014. Order 2014.

Minister for External Relations.

Community Provisions (Restrictive Measures – Belarus) (Amendment No. 11)  R&O.15/2014. (Jersey) Order 2014.

Minister for External Relations.

Community Provisions (Restrictive Measures – Libya) (Amendment No. 16)  R&O.16/2014. (Jersey) Order 2014.

Minister for External Relations.

  1. DOCUMENTS PRESENTED OR LAID

Land Transactions under Standing Order 168(3) –  R.11/2014.

  1. Piquet House, 11 Royal Square, St. Helier – sale;
  2. Marine Lake Project – lease of West Park Bunker and licence of lake

structure.

Presented: 29th January 2014.

Minister for Treasury and Resources.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Draft Proceeds of Crime and Terrorism (Miscellaneous Provisions) (Jersey) Law  P.163/2013. 201- (P.163/2013): amendment.  Amd. Lodged: 28th January 2014.

Chief Minister.

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

Council of Ministers.

Jersey Overseas Aid Commission: re-appointment of non-States Commissioner. P.11/2014. Lodged: 31st January 2014.

Senator P.F. Routier.

  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 Transport and Technical Services will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the Energy from Waste Plant.
  2. 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 road resurfacing over the last three years.
  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 scrap metal facility at Bellozanne.
  4. The Minister for Housing will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the safeguarding of tenants' deposits.
  5. The Minister for Treasury and Resources will table an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding complaints to Jersey Telecoms regarding its new billing system.
  6. The Minister for Treasury and Resources will table an answer to a question asked by Deputy S.S.P.A. Power of St. Brelade regarding the controls on imported tobacco products.
  7. The Minister for Home Affairs will table an answer to a question asked by Deputy S.S.P.A. Power of St. Brelade regarding steps taken to control imported tobacco products.
  8. The Minister for Housing will table an answer to a question asked by Deputy S.S.P.A. Power of St. Brelade regarding the redevelopment of the Ann Court site.
  9. The Minister for Treasury and Resources will table an answer to a question asked by Deputy J.A.N. Le Fondré of St. Lawrence regarding full details of all States finance transactions to date.
  10. The Minister for Economic Development will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the mis-selling of Payment Protection Insurance.
  11. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding States employees on zero hours contracts.
  1. The Minister for Education, Sport and Culture will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding classroom assistants at Highlands College.
  2. 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 use of bank shifts at the Hospital.
  3. The Minister for Treasury and Resources will table an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the employment of local architects by the States of Jersey Development Company.
  4. 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 donation in Jersey.
  5. The Minister for Treasury and Resources will table an answer to a question asked by Deputy J.H. Young of St. Brelade regarding the Esplanade development project.
  6. The Minister for Home Affairs will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding Operation Vessel'.
  7. The Minister for Health and Social Services will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the involvement of former care residents in Operation Vessel'.
  8. The Minister for Planning and Environment will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding complaints against Enforcement Officers.
  9. The Minister for Health and Social Services will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding meetings with vulnerable members of society.
  10. The Minister for Planning and Environment will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding defamatory material placed on records.
  11. The Minister for Treasury and Resources will table an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding the fibre optic broadband service.
  1. Oral Questions (120 minutes)
  1. Deputy G.C.L. Baudains of St. Clement will ask the following question of the Minister for Health and Social Services –

"Further to the answers she gave to my written question on 21st January 2014, regarding her reliance on the Medicines and Healthcare Products Regulatory Agency (MHRA) for information on drugs, will the Minister advise whether she is certain that the information she is giving Jersey residents is as accurate as possible?"

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

"Will the Minister explain to members how the figures given in his statement of 21st January 2014 support his objective of achieving an additional £3 million cut in government funded benefits in 2014?"

  1. Deputy M. Tadier of St. Brelade will ask the following question of H.M. Attorney General –

"Will H.M. Attorney General explain what constitutes uninhabitable' under Article 9(a) of the Residential Tenancy (Jersey) Law 2011 and who determines this?"

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

"Will the  Minister inform the  Assembly whether he  has progressed the  Island  Plan policy commitment requiring a feasibility study for the future development of the Port of St Helier and produce a land use Masterplan for this Regeneration Zone, if not, why not and, in its absence, how he will avoid piecemeal development with its potential for adverse impact on the future development of St Helier Waterfront?"

  1. Deputy M.R. Higgins of St. Helier will ask the following question of the Chairman of Privileges and Procedures Committee –

"Can the Chairman advise whether any complaints have been made to the Privileges and Procedures Committee by the States of Jersey Police over the past 12 months against States Members and, if so, how many complaints, what were the underlying issues and which States Members were they made against?"

  1. Deputy J.A.N. Le Fondré of St. Lawrence will ask the following question of the Minister for Treasury and Resources –

"Given  the  Minister's  previous  statement that the  £13 million loan  to the States of Jersey Development Company would be fully repaid and that the Esplanade Development would deliver a return of £50 million, will he confirm that his calculations do not require attributing a financial value to the proposed car park if and when it is returned to States ownership and that the calculation of the profit does not include stamp duty?"

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

"Will the Minister advise how many power outages have occurred over the last 5 years and can he explain whether, given the millions of pounds spent on upgrading the turbines at La Collette to give resilience, an uninterrupted power supply is possible and, if it is not, why not?"

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

"Is the Minister satisfied that the proliferation of Fixed Odds Betting Terminals (FOBT's) and associated issues which have arisen in the United Kingdom will be avoided in Jersey and, if so, on what basis?"

  1. Deputy J.A.N. Le Fondré of St. Lawrence will ask the following question of the Minister for Treasury and Resources –

"Bearing in mind that the Assembly has transferred significant assets into the States of Jersey Development Company (SOJDC) at no cost and that the company's accounts are combined with those of the States of Jersey as a whole, will the Minister identify the total value of loans entered into or proposed to be entered into by SOJDC?"

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

"Given the anticipated increase in construction activity what steps, if any, is the Population Office taking to ensure that increase in demand for skilled labour in that industry will be met by increased recruitment and training of local residents rather than by immigration?"

  1. Deputy J.H. Young of St. Brelade will ask the following question of the Minister for Transport and Technical Services –

"Will the Minister inform the Assembly whether he was consulted by CTPlus before the recent increases in bus fares and is he satisfied that the company's decision not to review their fare bands (A and B) and to continue to set a universal fare of £1.20 on all short journeys between any two adjacent bus stops, is both reasonable and likely to produce the required increase in bus usage?"

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

"When will the Chief Minister present the States with a long-term population policy to replace the interim' measures and will he explain to the Assembly how the figure of +325 net immigration was chosen and whether he is concerned that this figure could lead to growth in the population to 110,000+ by 2035, breaching the limit set in the Strategic Plan 2009-2014?"

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

"Will the Minister, as the shareholder representative, advise whether the Jersey Electricity Company's undersea cables are insured?"

  1. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Health and Social Services –

"What steps, if any, is the Minister taking to facilitate a meeting between the social worker and the vulnerable woman who had a previous offer of a meeting withdrawn, or does she consider that there is higher duty care to staff within the Children's Service than the vulnerable people they are supposed to support?"

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

"Given the Police have stated that a forensic investigation has failed to identify who was behind the threatening letters sent to a number of individuals linked to the case involving the former Deputies Pitman, can the Minister clarify whether anyone was actually interviewed and whether or not DNA testing was undertaken?"

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

"Further to the introduction of a new billing system by Jersey Telecom, can the Minister, as the shareholder representative,  detail the  number of complaints  received  since this  new system began, including how many related to the small font size or format of the bills; the cessation of cheque payments; charges for non-existent items such as broadband or additional phones, or the length of time it took to process a complaint?

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

1st question period – Minister for Treasury and Resources

2nd question period – Minister for Education, Sport and Culture

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

Public Elections: introduction of STV and AV.  P.171/2013. Lodged: 24th December 2013.

Deputy M. Tadier of St. Brelade .

Public Elections: introduction of STV and AV (P.171/2013) – comments.  P.171/2013. Presented: 15th January 2014.  Com. Comité des Connétable s.

Public Elections: introduction of STV and AV (P.171/2013) – comments.  P.171/2013. Presented: 20th January 2014.  Com.(2). Privileges and Procedures Committee.

Law Officers' Department and members of the Law Society of Jersey: revised  P.152/2013. disciplinary process.

Lodged: 13th November 2013.

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

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

Minister for External Relations.

Maritime Security (Jersey) Order 201-: extension of provisions to Jersey.  P.165/2013. Lodged: 16th December 2013.

Chief Minister.

Draft Amendment (No. 22) of the Standing Orders of the States of Jersey.  P.167/2013. Lodged: 19th December 2013.

Privileges and Procedures Committee.

Ratification of the Agreement on the Exchange of Information relating to Tax  P.168/2013. Matters between the Government of Jersey and the Government of the Republic of

Slovenia.

Lodged: 23rd December 2013.

Minister for External Relations.

Draft Taxation (Exchange of Information with Third Countries) (Amendment  P.169/2013. No. 9) (Jersey) Regulations 201-.

Lodged: 23rd December 2013.

Minister for External Relations.

  1. ARRANGEMENT OF PUBLIC BUSINESS 18th February 2014

Committee of Inquiry: planning applications by the Channel Islands Co-operative  P.102/2013. Society Ltd.

Lodged: 28th August 2013.

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

Draft Aquatic Resources (Jersey) Law 201-.  P.114/2013. Lodged: 24th September 2013.

Minister for Economic Development.

Draft Proceeds of Crime and Terrorism (Miscellaneous Provisions) (Jersey) Law  P.163/2013. 201-.

Lodged: 13th December 2013.

Chief Minister.

Draft Proceeds of Crime and Terrorism (Miscellaneous Provisions) (Jersey) Law  P.163/2013. 201- (P.163/2013): amendment.  Amd. Lodged: 28th January 2014.

Chief Minister.

Draft Income Support (Amendment No. 10) (Jersey) Regulations 201-.  P.1/2014. Lodged: 6th January 2014.

Minister for Social Security.

Jersey Employment Tribunal: appointment of members.  P.8/2014. Lodged: 20th January 2014.

Minister for Social Security.

4th March 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 Shipping (Amendment No. 4) (Jersey) Law 201-.  P.3/2014. Lodged: 9th January 2014.

Minister for Economic Development.

Draft Drainage (Amendment) (Jersey) Law 201-.  P.6/2014. Lodged: 15th January 2014.

Minister for Transport and Technical Services.

Draft Employment of States of Jersey Employees (Amendment No. 6) (Jersey)  P.7/2014. Regulations 201-.

Lodged: 17th January 2014.

States Employment Board.

Jersey Overseas Aid Commission: re-appointment of non-States Commissioner.  P.11/2014. Lodged: 31st January 2014.

Senator P.F. Routier.

18th March 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 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.

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

Council of Ministers.

M.N. DE LA HAYE Greffier of the States

30th January 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 5th and Thursday 6th February 2014.

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

R&O.10/2014.

This Order specifies the dates and times in 2014 and January 2015 when the Jersey Motor Cycle and Light Car Club may close the Bouley Bay Hill and Five Mile Road courses to normal traffic and use them for the purposes of motor races and practices.

The Order was made on 24th January 2014 and came into force forthwith. R&O.11/2014.

This Order permits the Jersey Motor Cycle and Light Car Club to hold sand races and practices on various parts of the beaches at Millbrook, St. Ouen 's Bay and West Park on various dates in 2014.

The Order was made on 24th January 2014 and came into force forthwith. R&O.12/2014.

This Order further amends the Road Traffic (Public Parking Places – Charges) (Jersey) Order 2010, to uprate the charges for parking imposed by that Order by 1.2% in line with the retail prices index increase in Jersey as at September 2013. The increased charges will apply from 1st February 2014.

The Order was made on 24th January 2014 and comes into force on 1st February 2014. R&O.13/2014.

The Minister for Social Security, by making this Order, approves for the purposes of the Employment (Jersey) Law 2003 (the "Law"), the code of practice on disciplinary and grievance procedures set out in the Appendix to R.3/2014, which was presented to the States by the Minister on 14th January 2014.

Before making this Order, in accordance with Article 2A(2) to (5) of the Law, the Minister –

  1. on 12th September 2013, published a notice in the Jersey Gazette inviting persons to inspect the code of practice; and
  2. consulted with –
  1. the Jersey Advisory and Conciliation Service,
  2. the Employment Forum, and
  3. such persons, or representatives of such persons, as the Minister considered would be affected,

and considered all the representations made in respect of the code of practice. Those responses are also contained in R.3/2014.

The Order was made on 24th January 2014 and comes into force on 1st April 2014. R&O.14/2014.

This Order amends the Community Provisions (Restrictive Measures Iran) (Jersey) Order 2012 ("principal Order") to give effect in Jersey to Council Regulation (EU) No. 42/2014 of 20th January 2014 (OJ L 15, 20.1.2014, p 18) ("amending Council Regulation"). The amending Council Regulation amends Regulation (EU) No. 267/2012 concerning restrictive measures against Iran.

The main effects of the amending Council Regulation are as follows:

First, there are suspended certain prohibitions relating to –

the transportation of crude oil and petroleum products and related financial assistance;

the import, purchase, export and transportation of petrochemical products and related financial assistance;

the sale, purchase, supply, import, export and transport of gold, precious metals and diamonds and related assistance; and

the provision of vessels for the transport and storage of oil and petrochemical products.

Second, authorisation may be given for economic resources to be made available to the Minister of Petroleum.

Third, the monetary limits for the notification or authorisation of transfer of funds and financial services are significantly raised.

This Order comes into force on the day after it is made.

The Order was made on 24th January 2014 and came into force on 25th January 2014.

R&O.15/2014.

The Order amends the Community Provisions (Restrictive Measures – Belarus) (Jersey) Order 2011. It gives effect to Council Implementing Regulation (EU) No. 46/2014 of 20th January 2014 (OJ L.16, 21.1.2014, p.3) implementing Regulation (EC) No. 765/2006 (the "2006 (EC) Regulation") concerning restrictive measures in respect of Belarus. The effect of the amendment is to update the information relating to a person set out in the list of persons and entities whose funds and economic resources are frozen contained in Annex I to the 2006 (EC) Regulation.

The Order was made on 30th January 2014 and came into force on 31st January 2014. R&O.16/2014.

This Order amends the Community Provisions (Restrictive Measures – Libya) (Jersey) Order 2011, to give effect in Jersey to Council Regulation (EU) No. 45/2014 of 20th January 2014 (OJ No. L 16, 21.1.2014, p. 1) which amends Regulation (EU) No. 204/2011 concerning restrictive measures in view of the situation in Libya. The effect of the amendment is to clarify that that the freezing of funds and economic resources, or the refusal to make funds or economic resources available, shall not give rise to liability of any kind on the part of a person, entity or body if the person, entity or body taking such action was acting in good faith, did not know and had no reason to believe that the action would infringe the measures set out in Regulation (EU) No. 204/2011 and was not negligent in taking such action.

The Order was made on 30th January 2014 and came into force on 31st January 2014.

WRITTEN QUESTIONS (See Item I(a))

  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

"With regard to the Energy from Waste Plant, would the Minister -

  1. advise its maximum capacity in tonnage
  2. advise the current throughput in tonnage
  3. advise whether it has two separate streams'
  4. provide a list of the outstanding faults and when they occurred (not including minor issues such as the failure of a switch)?"
  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

"With regard to road resurfacing, would the Minister -

  1. state whether he is satisfied with the quality of resurfacing undertaken within the last three years,
  2. advise whether his department has a standard for resurfacing work and, if so, who designed it, whether it is compatible with other jurisdictions and how it is enforced;
  3. whether the specification in (ii) has changed in the last ten years;
  4. whether he agrees that resurfacing up to a decade or so ago was of considerably better quality than at present; and,
  5. whether utility companies and other contractors trenching roads will be required in future to reinstate after their work to a finish at least as good as before work started and, if so, when will this be introduced?"
  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

"With regard to the scrap metal facility at Bellozanne, would the Minister –

  1. confirm that one of the reasons for putting the work out to tender was to achieve a more environmentally conscious process;
  2. advise whether vehicles are now squashed complete (together with all interior fittings and furnishings) whereas before upholstery and other items were removed before fragmentation and, if so, would the Minister explain how crushing complete vehicles is more environmentally friendly than fragmentation and how materials are better recycled as a result;
  3. advise whether the previous operator was requested by the Transport and Technical Services Department to move from crushing vehicles (albeit after removal of upholstery and the like) to a fragmentation process; and,
  4. confirm that as a result of moving to a system whereby complete vehicles are crushed that second-hand spare parts for vehicles are no longer available and, if so, would he explain how such a situation ties in with recycling policies?"
  1. The Minister for Housing will table an answer to the following question asked by Deputy G.P. Baudains of St. Clement

"Would the Minister clarify, with regard to the Housing (Registration) (Jersey) Law 1962 and the retention of deposits, how many proprietors have been found guilty of not refunding deposits in the last five years?

How, where and by whom is it intended to safeguard deposits in the future under the Regulations made under the Residential Tenancy (Jersey) Law 2011?

Would the Minister also advise of the costs involved in operating any new scheme and whether deposit capital or interest will be used to offset those costs?"

  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy J.M. Maçon of St. Saviour

"Will the Minister, as the shareholder representative, advise how many complaints, if any, JT has received from customers regarding the installation of the fibre optic systems?

How many complaints, if any, has JT received from customers regarding the new billing system? Will the Minister request JT to install a transparent billing system as previously?

Will the Minister advise whether JT undertook a customer consultation prior to the implementation of its new billing system, and if so, what was the sample size and demographic of this survey and what were the results?"

  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy S.S.P.A. Power of St. Brelade

"Could the Minister indicate what steps, if any, are being taken to control the amount of tobacco product being imported informally into the Island so that sale of tobacco outside night clubs, bars and restaurants can be stopped and can he advise whether the annual estimated loss of revenue of up to £8,000,000 to Treasury as a result of the smuggling of tobacco and informal importation of duty free is a realistic figure?"

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

"Could the Minister indicate what steps, if any, are being taken to control the amount of tobacco product being imported informally into the Island so that sale of tobacco outside night clubs, bars and restaurants can be stopped?

How many trucks and commercial vehicles, if any, have been stopped and searched for this specific purpose in the past year?"

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

"Would the Minister advise the Assembly why a decision has been made for the Housing Department not to re-develop the former Ann Court site, when previous Ministers for Housing were given an assurance that the site would be returned for development of housing in return for co- operation with the works associated with the Philip Street shaft, clearance and demolition of the site and the provision of temporary replacement parking for the Millennium park project?"

  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy J.A.N. Le Fondre of St. Lawrence

"Given that the response of the Minister to question 8061 asked by Senator S.C. Ferguson at the meeting of 21st January 2014 was stated to be as at 31st December 2012, would he provide a detailed schedule of all loans, finance leases, guarantees, indemnities, letters of comfort, securities and off balance sheet financial arrangements (including the duration of the transaction, interest rate and any conditions attached to the transaction and the counterparty) entered into or proposed by the States or any organization wholly owned by the States (irrespective of purpose) during the period from 31st December 2012 to date?"

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

"Further to his responses in questions of 21st January 2014 in relation to Payment Protection Insurance (PPI) mis-selling in the Island, will the Minister agree to produce and publicise lists of companies –

  1. operating as branches of UK financial services lending institutions who can be pursued by complainants through the UK ombudsman, and
  2. operating as local subsidiaries of UK financial services lending institutions who can only be pursued locally?

If not, will he state, in light of the limitation contained in Article 11 of the draft Financial Services Ombudsman (Jersey) Law 201- (FSO) that complaints to that office will be treated as premature if respondents have not been given 3 months to respond to the complaint first?

Is the Minister aware that some loan companies have recently agreed to investigate complaints locally when previously they would not and, if so, will he agree to publicise this change to assist residents in pursuing claims?

Will he agree to extend the general time limit' of 6 years on claims contained in Article 11 of the draft Law and, if not, why not?

What is the timetable for bringing the FSO Law into force?"

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

"Will the Chief Minister inform members how the numbers of those public employees employed on zero-hours contracts given in his response to written question 8053 relate to the figures of FTE employees given in departmental annual reports?

In the same response, when the Minister states "appointments to States of Jersey roles are made using the appropriate contract", is he confirming that there is no inappropriate use of zero hours contracts in any States department or is there use of other contractual arrangements such as consultancy or agency work?

Will he account for the large increase in the number of zero-hours contracts between March 2012 and December 2013?

Will he provide a breakdown of the 25% increase in numbers of those on zero-hours contracts by department and by job description along with an analysis of whether these posts were to provide cover for temporary, short-term or urgent absence?"

  1. The Minister for Education, Sport and Culture will table an answer to the following question asked by Deputy G.P. Southern of St. Helier

"Can the Minister advise whether classroom assistants at Highlands College are on zero hours contracts despite being informed of their timetable of duties a term in advance and, if so, does he consider the use of zero-hours contracts is appropriate and explain why?"

  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 explain to members how bank shifts, described by the Chief Minister as "standard and normal methodology" operate to provide additional hours of work for nurses and other health workers in the hospital?

Will she state what rates are paid for such shifts, whether there are cost savings made through this practice; whether there are limits placed on the number of hours, consecutively or otherwise, that an individual can do and what number of hours in total and as a proportion of the total requirement for full service provision are being met by such bank shifts?"

  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, as the shareholder representative, outline whether there is a policy regarding the employment of local architects by the States of Jersey Development Company and, if so, whether a process of pre-qualification is in place and, if not, when will it be in place?"

  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

"Could the Minister confirm whether the study into the Organ Donation system in Jersey (P.89/2013 adopted 24th September 2013) has commenced and, if so, when it is intended to report back to the States?"

  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 Treasury Minister inform the Assembly in detail of the procedures followed by the States of Jersey Development Company to subject the Esplanade Development project to financial appraisal to assess its cost, benefits and risk over the lifetime of the project to completion, to meet the Masterplan requirements and advise whether this appraisal has been subject to independent professional review and evaluation either by the Treasury or external practices prior to submitting the Planning applications for this development and, if so, when and by whom and will the evaluation report will be published?"

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

"Further to the Minister's e-mail on 23rd January 2013, advising that that one of the victims but none of the alleged perpetrators involved the investigation into the grooming of young girls were in care at the time of the relevant time, will the Minister advise how many of the alleged victims and perpetrators interviewed/involved in Operation Vessel had been in care at some previous time in their lives?"

As one of the child victims was in care at the time of the alleged offences, did the police have any discussions with the Children's Service?"

  1. The Minister for Health and Social Services will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier

"a) Will the Minister confirm that one of the children involved in Operation Vessel, the sex

grooming case was in care at the time?

  1. Why did the Department not lodge a criminal complaint with the police as they were in loco parentis and had lawful authority to do so?
  2. What is the Department's policy in these circumstances?"
  1. The Minister for Planning and Environment will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier

"Will the Minister advise members:

  1. How many complaints have been made to his department relating to the activities and behaviour of his Enforcement Officers during the last five years, broken down by years?
  2. How many times the Minister has had to apologise to complainants over the last five years, broken down by year?
  3. How many times said officers have had to apologise to complainants over the last five years, broken down by year?

Will the Minister outline the process leading to the instigation of enforcement proceedings setting out the extent of any delegated powers?

Will the Minister set out the powers of Enforcement Officers?"

  1. The Minister for Health and Social Services will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier

"(a) Do the Children's Service or the Children and Adult and Mental Health Service refuse to have

meetings with vulnerable members of society and if so, on what basis is such a refusal made?

(b)  Does the Minister allow the employees within the Children's Service or the Children and Adult and Mental Health Service to operate with impunity for their actions?"

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

"(a) What checks and balances, if any, does the Department have to prevent defamatory material

being placed in its records to the detriment of members of the public?

  1. Is it acceptable for officers to record defamatory material in Planning records and then to cover up their actions?
  2. What course of action, if any, is available to aggrieved applicants or members of the public against persons who by recording false statements are themselves committing defamation?
  3. Would such actions be defended by the Department?"
  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy J.M. Maçon of St. Saviour

"Is the Minister, as the shareholder representative, able to confirm that all JT customers, once connected to the new fibre optic system, are experiencing a better quality and faster broadband service and has this been supported by the responses received to the current customer survey?"

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

2014

1st Session 2014

February 18th  Health and Social Services  Chief Minister

March 4th  Economic Development  Housing

March 18th  Planning and Environment  Chief Minister

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