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STATES OF JERSEY ORDER PAPER
Tuesday 10th March 2015
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Minister for External Relations.
EU Legislation (Sanctions – Iran) (Jersey) Order 2015. R&O.23/2015. Minister for External Relations.
- DOCUMENTS PRESENTED OR LAID
Jersey Police Complaints Authority: report for 2014. R.20/2015. Presented: 2nd March 2015.
Minister for Treasury and Resources.
- NOTIFICATION OF LODGED PROPOSITIONS
forfeited assets or their equivalent funds.
Draft Strategic Plan 2015 – 2018. P.27/2015. Lodged: 6th March 2015.
Council of Ministers.
- WITHDRAWAL OF LODGED PROPOSITIONS
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS Appointment of Chairman of the Planning Applications Committee.
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
- The Minister for Home Affairs will table an answer to a question asked by the Deputy of Grouville regarding harassment.
- The Minister for Treasury and Resources will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding e-Government.
- The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding tax evasion.
- The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding funding of the Jersey Care Inquiry.
- The Minister for Education, Sport and Culture will table an answer to a question asked by Deputy L.M.C. Doublet of St. Saviour regarding the recruitment and retention of teachers.
- The Minister for Education, Sport and Culture will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the department's suspension policy.
- The Minister for Transport and Technical Services will table an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding traffic improvements on Longueville Road.
- The Minister for Social Security will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding deductions from Income Support.
- The Minister for Economic Development will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding Locate Jersey.
- The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding expenditure in relation to the Jersey Care Inquiry.
- The Minister for Transport and Technical Services will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding parking fines on private land.
- The Chairman of the Privileges and Procedures Committee will table an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding the election process.
- The Chief Minister will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding data protection legislation.
- The Minister for Treasury and Resources will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding a grant to the Jersey Maritime Trust.
- The Chief Minister will table an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding funding to Jersey Finance.
- The Minister for Planning and Environment will table an answer to a question asked by Deputy
- Tadier of St. Brelade regarding energy efficiency ratings.
- The Minister for Social Security will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding the transfer of seriously ill residents to their jurisdictions of birth.
- The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding Long Term Incapacity Allowance.
- The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding economic growth.
- The Minister for Social Security will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the Discrimination Law.
- H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding enforcement actions.
- The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the delivery of primary health care.
Question 23 was deferred from the meeting of 24th February 2015 at the request of the Minister for Education, Sport and Culture, and therefore appears in addition to Deputy M.R Higgins of St. Helier 's five other written questions.
- The Minister for Education, Sport and Culture will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding unauthorised absences from school.
- – Oral Questions (120 minutes)
- Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Planning and Environment –
"Will the Minister consider the introduction of an energy efficiency rating system for all residential properties and, if so, how does he envisage it would work and what would the timescale be?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Treasury and Resources –
"Does the Minister share the views in Dandara's submission to the Corporate Services Scrutiny
Panel that the proposed SOJDC International Finance Centre development on the Esplanade will cost the taxpayer some £74 million to construct and that there is no prospect of the scheme generating the £50 million profit that SOJDC and Ministers have stated they will make from the project, and if not, why not?"
- Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Education, Sport and Culture –
"Could the Minister update the Assembly on what progress, if any, has been made in investigating the feasibility of introducing a new student loan scheme for students undertaking higher education?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"Does the Chief Minister accept Transparency International's analysis that a significant proportion of grand corruption cases investigated by the Metropolitan Police involved the use of suspected illicit funds by offshore companies to purchase U.K. property, with half of these companies registered in Jersey, and, if so, will he provide the number of requests for beneficial ownership received by the JFSC over such transactions and of suspicious activity reports registered locally?"
- Deputy A.D. Lewis of St. Saviour will ask the following question of the Minister for Social Security –
"Could the Minister for Social Security confirm whether she will consider issuing a directive to all G.P.s and other medical practitioners who issue drug prescriptions, to print the actual value of the drug on all prescriptions so as to better inform the public of the true value of the drugs and to assist in the reduction of waste and the over-prescribing of some pharmaceuticals?"
- Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Social Security –
"Notwithstanding the answer tabled to question 8648 on 24th February 2015, in which no figures were provided, will the Minister inform members how many claims for Income Support (IS) are subject to a reduction in rental component because of under occupation?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"Can the Chief Minister advise whether the McKinsey and King Sturge reports have been seen by external parties including Dandara and whether the McKinsey report states that Jersey will lose 4,500 jobs by 2020 if no new businesses are attracted to the Island; can he also state when the reports will be released to members to help them make informed decisions on Jersey's economy and the International Finance Centre?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social Security –
"What measures are in place to ensure that Back to Work officers have had sufficient training in dealing with those with disability and illness to assess fitness for work and does the Minister consider that the use of sanctions to persuade those on Long Term Incapacity Allowance of 35%, or those with an impairment score of less than 24 points, to return to work, is entirely appropriate?"
- Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister –
"Could the Minister explain to the Assembly precisely whether anything has gone wrong with the implementation of e-Government and, if so, what?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Transport and Technical Services 2nd question period – Minister for Home Affairs
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Public Holidays: designation of Friday 8th May 2015. P.11/2015. Lodged: 2nd February 2015.
Deputy S.Y. Mézec of St. Helier .
Jersey Overseas Aid Commission.
Deputy G.P. Southern of St. Helier .
Minister for External Relations.
Draft Financial Services Ombudsman (Jersey) Law 2014 (Appointed Day) (No. 2) P.17/2015. Act 201-.
Minister for Economic Development.
Draft Terrorism (Amendment No. 4) (Jersey) Law 201-. P.23/2015. Lodged: 24th February 2015.
Minister for External Relations. (Consideration in Committee'.)
- ARRANGEMENT OF PUBLIC BUSINESS 24th March 2015
Draft Video Recordings (Amendment) (Jersey) Law 201-. P.10/2015. Lodged: 28th January 2015.
Minister for Economic Development.
Gas Tariffs: reduction. P.18/2015. Lodged: 17th February 2015.
Deputy G.P. Southern of St. Helier .
14th April 2015
Criminal Injuries Compensation Scheme: revised Scheme. P.13/2015. Lodged: 5th February 2015.
Draft Shipping (Fishing Vessels Safety Codes of Practice) (Jersey) Regulations P.19/2015. 201-.
Minister for Economic Development.
Draft Crown Advocates (Amendment) (Jersey) Law 201-. P.25/2015. Lodged: 24th February 2015.
forfeited assets or their equivalent funds.
28th April 2015
Draft Air and Sea Ports (Incorporation) (Jersey) Law 201-. P.5/2015. Lodged: 15th January 2015.
Draft Strategic Plan 2015 – 2018. P.27/2015. Lodged: 6th March 2015.
Council of Ministers.
L.-M. Hart ,
Deputy Greffier of the States
5th March 2015 Note –
In accordance with the meeting dates fixed for 2015 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 11th and Thursday 12th March 2015.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.22/2015.
This Order revokes the Community Provisions (Maintaining a Freeze of Funds in Relation to Mr. Milosevic and Associated Persons) (Jersey) Order 2000. The revocation gives effect to Council Regulation (EU) No 1145/2014 of 28 October 2014 repealing Regulation (EC) No 2488/2000 maintaining a freeze of funds in relation to Mr. Milosevic and those persons associated with him.
The Order was made on 26th February 2015 and came into force forthwith.
R&O.23/2015.
This Order revokes an earlier Order but gives continued effect in Jersey to 2 EU Council Regulations –
- Council Regulation (EU) No 359/2011 of 12 April 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (OJ L 100, 14.4.2011, p. 1); and
- Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ L 88, 24.3.2012, p. 1).
Effect is given to the 2 Regulations as amended up to the date of making this Order and now including any future changes to the lists of persons subject to restrictive measures (or to the list of competent authorities).
All the general provisions in the EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014 form part of this Order.
This Order provides that references to the "financial intelligence unit" are to the police officers and customs officers who are designated under the Money Laundering (Jersey) Order 2008.
This Order also provides that it does not derogate from the Money Laundering and Weapons Development (Directions) (Jersey) Law 2012 and the Money Laundering and Weapons Development (Directions) (Iran) (Jersey) Order 2015. So the restrictions and licensing provisions in those enactments and this Order run in parallel.
The Order was made on 26th February 2015 and came into force on 27th February 2015.
WRITTEN QUESTIONS (See Item I(a))
- The Minister for Home Affairs will table an answer to the following question asked by the Deputy of Grouville –
"What legislation, if any, is being developed by Home Affairs to make it a criminal offence with a prison sentence to abuse and harass people on the internet, and how are the police working to target perpetrators?"
- The Minister for Treasury and Resources will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Could the Minister provide a breakdown of costs incurred by States departments pursuing the now halted e-Government project?"
- The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Notwithstanding the responses to questions 8640 to 8642, has the Chief Minister sought advice from the Jersey Financial Services Commission (JFSC) on whether the schemes, recently revealed by the International Consortium of Investigative Journalists (ICIJ), devised and aggressively marketed by HSBC Switzerland, whereby wealthy individuals were encouraged to transfer their funds from a savings account to a corporate account (with no genuine trading activity) thus evading the European Union Savings Tax Directive (EUSD), would constitute serious tax evasion?
Has the Chief Minister obtained assurance from the JFSC that such a scheme has not been operated in Jersey by HSBC, its subsidiaries or by other banks or financial institutions either now or in the past, and if not, why not?
Can the Chief Minister also inform members what provisions or regulations are in place to prevent such practice in Jersey, and what evidence does the JFSC have on which to base its assurances?"
- 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 details of all discussions that have taken place with the Jersey Care Inquiry Team from the time it was appointed regarding funding of the Inquiry, stating when these discussions took place, the individuals involved and the nature of what was discussed?
Will he further state why he chose the Minister for External Relations or a member of the External Relations Department to take part in these discussions when the Minister for External Relations may well be asked to give evidence before the Inquiry in his capacity as a Crown Officer and Bailiff during the period under investigation and his role in the Jervis-Dykes and Roger Holland affairs in particular?"
- The Minister for Education, Sport and Culture will table an answer to the following question asked by Deputy L.M.C. Doublet of St. Saviour –
"Is the Minister aware of research around teacher recruitment and retention that has found over 90% of teachers have considered leaving the profession within the last 2 years, and around half of new teachers leave the profession in the first 5 years of their career? What are the equivalent figures in Jersey? If there are none available will the Minister commit to investigating this issue?"
- The Minister for Education, Sport and Culture will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Does the Department have a policy in relation to suspending current staff members against whom allegations of serious criminal activity have been made, including, but not limited to, child abuse?"
- The Minister for Transport and Technical Services will table an answer to the following question asked by Deputy J.M. Maçon of St. Saviour –
"Further to the previous Minister's response to question 8424 on 14th July 2014, can the Minister explain when the work for traffic and crossing improvements at the Longueville Road / Rue des Pres junction will commence, as it would appear that the promised consultation that was due to take place in the last quarter of 2014 has not occurred, and if not, why not?"
- The Minister for Social Security will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier –
"Further to the Minister's answer to written question 8651 on loan repayments for rental deposits and medical costs, can the Minister confirm what constitutes the "small amounts" she refers to as being deducted from Income Support payments to recover the money loaned for expensive dental treatment? How much is the maximum that the department will deduct from someone's Income Support per week? How much flexibility is there on these repayments, and what measures are in place to ensure that no unnecessary hardship is caused for people with little money who have to undertake essential dental treatment?"
- The Minister for Economic Development will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Can the Minister assure members that the mechanisms employed by "Locate Jersey" to encourage high net worth individuals to register and invest in business in Jersey are in no way similar to those used by HSBC Switzerland, whereby wealthy individuals were encouraged to transfer their funds from a savings account to a corporate account (with no genuine trading activity) to evade the European Union Savings Tax Directive (EUSD)?"
- 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 full details of all costs and expenditure in relation to the Jersey Care Inquiry incurred by any of the following that are factored into the overall care inquiry costs:
- Lawyers engaged by the Care Inquiry to sift, collate and prepare material for use by the Care Inquiry;
- Lawyers representing States of Jersey departments and individuals breaking down the costs involved for each department and individuals (who may be identified as A, B and C etc.) and activity;
- Lawyers representing the Care Leavers;
- Lawyers representing the States of Jersey with regard to the Compensation Scheme;
- The Law Officers' Department;
- Other costs not included above?"
- The Minister for Transport and Technical Services will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Is the Minister aware of a company calling itself CPARK' Car Parking and More', which issues parking fines on private land and states that if fines are not paid, it will contact Driver and Vehicle Standards for the driver's details before pursuing them for payment? Can the Department advise whether they have had any requests for such information from this or any other similar company; and whether it has handed over such details?"
- The Chairman of the Privileges and Procedures Committee will table an answer to the following question asked by Deputy J.M. Maçon of St. Saviour –
"Can the Chairman advise members what debrief and feedback the Committee has received following the 2014 election process and state what, if anything, the Committee is looking to change to improve the election process for candidates and the public?"
- The Chief Minister will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Can the Chief Minister inform members whether he intends to review the provisions of the current law in Jersey governing libellous statements or breaches of data protection made on social media websites such as Facebook and Twitter, and if not, why not?
Does the Chief Minister intend to introduce provision under data protection legislation to hold an individual responsible for a breach which occurs on a Facebook "group page" which they administer and, if not, why not?
Does the Chief Minister also intend to introduce provision to enable Jersey authorities to obtain the actual identity of persons using a pseudonym or false name for their social media account so that action can be pursued when libellous statements and made or breaches of data protection are committed, and if not, why not?"
- 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 give members a detailed breakdown of what the £41,200 paid to the Jersey Maritime Trust by Property Holdings on the aborted Port Galots development was spent on? Will he further explain the rationale behind the payment and whether he now believes it was money well spent?"
- The Chief Minister will table an answer to the following question asked by Deputy J.M. Maçon of St. Saviour –
"Would the Chief Minister confirm or otherwise that, in reducing States expenditure, the funding to Jersey Finance will be reduced back to pound for pound match funding?"
- The Minister for Planning and Environment will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Would the Minister be supportive of introducing an energy efficiency rating system for Jersey residential properties; how might this be done; what would the likely costs be and how quickly could this be introduced?"
- The Minister for Social Security will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Could the Minister inform members what provisions are available for seriously ill Island residents who wish to be transferred to be cared for in their jurisdiction of birth and whether the Department will meet the costs of people wanting to do this when the costs of care in their jurisdiction of birth is lower than it is in Jersey?"
- The Minister for Social Security will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"1. Why did the Minister announce the policy to apply sanctions to those on 35% Long Term
Incapacity Allowance (LTIA) through a media release 2 hours after a scheduled quarterly meeting with the HSS scrutiny panel?
- Those on less than 30% LTIA are already expected to work. How many recipients is this? What percentage do so? In what job sectors have placements been? How many are zero hours?
- How many have multiple and variable symptoms; how many have mental/psychological incapacity, and what training is in place for support workers for these recipients? What role does JET play in the assessment process?
- Can the appeal process give timely consideration for a sanction which may only last 2 weeks? What is the current average period for second determinations? How long does a full appeal to tribunal take?
- What targets does the Minister have for the successful implementation of this new policy and how much taxpayer funding would this save?
- The current guidelines for Income Support state that those with a medical impairment component score of 24 points will be exempt from seeking work. How does this compare with the new limit of an LTIA score of 35%?"
- The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"To give clarity, will the Chief Minister give a definitive answer to the following questions and illustrate his answer with appropriate diagrams:
- the average level of economic growth in the Island between 1998 and 2013;
- the average level of economic growth in the Island between 1998 and 2013 contributed by each sector of the economy e.g. Finance industry, agriculture etc.;
- the average level of economic growth in the Island between 1998 and 2013 contributed by each sector of the finance industry;
- the impact of the recession on Gross Value Added (GVA) together with the Treasury Department's/Economic Adviser's estimates of when (in years) the level of GVA will return to 2008 levels?"
- The Minister for Social Security will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Given the Department's commitment to get more disabled people back into the workplace, will the Minister explain the viability, or otherwise, of bringing the introduction of the disability component of the Discrimination Law forward by one year, so as to ensure that disabled people are not put at a competitive disadvantage when applying for or maintaining jobs?"
- H.M. Attorney General will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
Further to written question 8634 of 24th February 2015, will the Attorney General advise:
- whether it is a legal requirement for all enforcement actions to be referred to the Law Officers' Department to determine whether to bring a prosecution in the Magistrate's or Royal Court, and, if not, in what circumstances actions would not be expected be referred;
- whether this has changed during the last 10 years and why;
- whether he is satisfied that Centeniers have the relevant expertise to assess the evidential and public interest tests in Planning and Environment enforcement cases without reference to the Department;
- how many times over the last five years:
- Centeniers have, and have not, referred cases to the Department for advice before prosecuting, filing charges or actioning charges lodged by Planning and Environment enforcement officers in the Magistrate's Court;
- Centeniers have prosecuted cases based solely on reports submitted by enforcement officers, or accepted charges lodged in the Magistrate's Court by enforcement officers;
- Planning and Environment enforcement prosecutions have been brought in the Magistrate's Court and the number of times the charges in these cases were amended before being determined and the reasons for these changes."
- The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"The Minister for Social Security has stated when discussing the restructuring of the delivery of primary health care that "we are hoping it will be this year". Will the Chief Minister assure members that the Council of Minister will include costed policies for the delivery of all aspects of primary health care in the Medium Term Financial Plan lodged in July for September debate including costs for G.P. and dentistry services?"
- The Minister for Education, Sport and Culture will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Minister provide the following information relating to unauthorised absences from school for each year during the period between September 2013 and June 2014 in respect of -
- the number of students in each primary and secondary school who were issued with warning letters;
- the number of students that each Education Welfare Officer in primary schools and Attendance Officers in the four 11-16 schools were handling;
- how many students, if any, were referred to the Alternative Curriculum following periods of unauthorised absences; and,
- how many parents, if any, were prosecuted for failing to ensure that their children attended school?"
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
2015
1st Session 2015
March 24th External Relations Chief Minister
April 14th Treasury and Resources Education, Sport and Culture April 28th Health and Social Services Chief Minister
CHAIRMAN OF THE PLANNING APPLICATIONS COMMITTEE APPOINTMENT
Standing Order 120AA specifies the appointment process for the Chairman of the Planning Applications Committee as follows:
"120AA Chairman of Planning Applications Committee: appointment process
- The presiding officer shall invite elected members to make nominations for the office of chairman of the Planning Applications Committee.
- If only one person is nominated that person is appointed as chairman of the Planning Applications Committee.
- If more than one person is nominated, the presiding officer shall then, according to the order in which the candidates were nominated, invite each candidate to speak for up to 10 minutes.
- After a candidate has spoken, the presiding officer shall allow up to 20 minutes for elected members to question the candidate.
- While a candidate is speaking, or being questioned, other candidates must withdraw from the Chamber to a place where they cannot hear the proceedings in it.
- When the speeches and questions are concluded, a recorded vote shall be taken.
- The candidate who receives more than half of the votes cast is appointed as chairman of the Planning Applications Committee.
- If no candidate receives more than half of the votes cast, the candidate with the lowest number of votes shall withdraw from the contest and a further recorded vote shall be taken.
- If, in the circumstances described in paragraph (8), there are 2 or more candidates who receive the same number of votes as each other, but fewer votes than all the other candidates, a recorded vote shall be taken to select which of them shall remain in the contest and the candidate who receives the fewest votes shall withdraw from it.
- A candidate may withdraw his or her candidacy at any time.
- In the event that, by reason of the withdrawal of a candidate, only one candidate remains, the remaining candidate is appointed as chairman of the Planning Applications Committee."
Members of the Planning Applications Committee will be appointed in accordance with the provisions of Standing Order 125A at the States sitting on 24th March 2015.