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STATES OF JERSEY ORDER PAPER
Monday 14th December 2015
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
EU Legislation (Sanctions – Belarus) (Amendment) (Jersey) Order 2015. R&O.153/2015. Minister for External Relations.
- DOCUMENTS PRESENTED OR LAID
Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) P.46/2015. (Jersey) Regulations 201- (P.46/2015): comments. Com. Presented: 4th December 2015.
Corporate Services Scrutiny Panel.
Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) P.46/2015. (Jersey) Regulations 201- (P.46/2015): comments. Com.(2) Presented: 4th December 2015.
Corporate Services Scrutiny Panel.
Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) P.46/2015. (Jersey) Regulations 201- (P.46/2015): comments. Com.(3) Presented: 4th December 2015.
Economic Affairs Scrutiny Panel.
Records Advisory Panel: appointment of Chairman and members. R.128/2015. Presented: 9th December 2015.
Minister for Education, Sport and Culture.
Land Transactions under Standing Order 168(3) – A11, La Vallée de St. Pierre, R.129/2015. St. Peter and St. Lawrence – proposed 2-mile pedestrian and cycle path from
Moulin de Tesson to Le Dimerie –
- Land Parcel No. 10 – proposed lease;
- Land Parcel No. 11 – proposed lease;
- Land Parcel No. 13 – proposed purchase;
- Land Parcel No. 14 – proposed purchase;
- Land Parcel No. 15 – proposed purchase;
- Land Parcel No. 19 – proposed purchase. Presented: 10th December 2015.
Minister for Treasury and Resources.
States of Jersey Law 2005: delegation of functions – Treasury and Resources – R.130/2015. ministerial shareholder functions.
Presented: 10th December 2015.
Minister for Treasury and Resources.
Review of Community and Social Services. R.131/2015. Presented: 10th December 2015.
Comptroller and Auditor General.
Public Sector Pension Reform 2015 (Phase 2) (S.R.8/2015): response of the S.R.8/2015. Minister for Treasury and Resources. Res. Presented: 9th December 2015.
Minister for Treasury and Resources.
- NOTIFICATION OF LODGED PROPOSITIONS
Data Protection Commissioner and vice-Data Protection Commissioner: renewal P.151/2015. of appointments.
Lodged: 7th December 2015.
Chief Minister.
Draft Road Works and Events (Jersey) Law 201-. P.152/2015. Lodged: 8th December 2015.
Minister for Transport and Technical Services.
Draft Debt Remission (Individuals) (Jersey) Law 201-. P.153/2015. Lodged: 9th December 2015.
Chief Minister.
- WITHDRAWAL OF LODGED PROPOSITIONS
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
- The Minister for Health and Social Services will table an answer to a question asked by Senator Z.A. Cameron regarding the regulatory framework for professional standards for doctors and nurses.
- The Minister for Home Affairs will table an answer to a question asked by the Deputy of St. John regarding corporate controls and processes.
- The Chief Minister will table an answer to a question asked by Deputy S.M. Wickenden of St. Helier regarding the annual running cost of the Jersey Appointments Commission.
- The Chief Minister will table an answer to a question asked by Deputy S.M. Wickenden of St. Helier regarding the number of staff in each civil service within the Information Services Department.
- The Minister for Social Security will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding the impact on pension income of changes to the Income Support disregard.
- H.M. Attorney General will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding the law governing the crime of inciting racial hatred.
- The Minister for Home Affairs will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding searches conducted in relation to the import of illegal drugs.
- The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding low levels of spending as a proportion of Gross Domestic Product on education and health services.
- The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the dispute between the States Employment Board and representatives of public sector employees over pay and conditions.
- The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding grant reductions to the Jersey Employment Trust.
- The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the income inequality gap.
- The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding targets for the provision of additional units of accommodation in the social rental and subsidised purchase sectors.
- The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the Sharp Report.
- The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding increased income resulting from charges and fees.
- The Minister for Home Affairs will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding Operation Rectangle.
- The Minister for Home Affairs will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the case of Boschat v. Chief of States of Jersey Police.
- The Chairman of the Comité des Connétable s will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding payments made to honorary police officers.
- – Oral Questions (120 minutes)
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Health and Social Services –
"What is the annual cost of providing alternative care in the independent sector for the 25 residents of The Limes due for closure by April 2016 and, since there are no redundancies involved, what savings, if any, are envisaged and what costs were estimated for bringing the home up to modern standards?"
- Deputy A.D. Lewis of St. Helier will ask the following question of the Minister for Health and Social Services –
"Would the Minister confirm the total expenditure to date relating to the implementation of the Health and Social Services informatics IT strategy, provide an update on progress and indicate what savings have been achieved to date and will be achieved upon full implementation?"
- Deputy J.A. Hilton of St. Helier will ask the following question of the Minister for Home Affairs –
"Can the Minister confirm whether the States of Jersey Police have concluded their investigations into the circumstances in relation to the death of a young man in Trinity in July of this year?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Home Affairs –
"Will the Minister advise members the date when the States of Jersey Police last underwent an inspection by Her Majesty's Inspectorate of Constabulary and also when it underwent a peer review of one of its major investigations, such as murder, by an independent police force, and if it has not had one in the last five years, why?"
- Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Minister for Home Affairs –
"Further to the response given during questions without notice on 17th November 2015 and on previous occasions since the beginning of this year that the strategy was being developed', would the Minister outline in detail the work which is currently being undertaken to advance the domestic violence strategy and advise when it will be published?"
- Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Social Security –
"Further to the Minister's answers to questions asked by Deputy Southern and myself during the States sitting of 1st December 2015 in which the Minister stated that the department had conducted research into the effect of the phasing out of the lone-parent component of Income Support upon the number of people living in Relative Low Income, which currently stands at 56%, could the Minister advise what that research concluded?"
- Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Social Security –
"Following the publication of the OECD report Pensions at a Glance 2015', which shows that U.K. workers have the worst pensions (at 38% replacement rate) and oldest retirement age of any major economy, what comparative figures, if any, does the Minister have for Jersey pensions?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Transport and Technical Services –
"In the proposals to outsource significant sectors of Transport and Technical Services' work, what consideration has the Minister given to the policy outlined in P.59/1999 "Outsourcing Policy" for a framework of agreed safeguards to be developed in conjunction with employee representatives over terms and conditions where public sector employees are affected by such proposals, and if none, why?"
- Deputy J.A. Hilton of St. Helier will ask the following question of the Minister for Health and Social Services –
"Can the Minister confirm the reasons behind the recent announcement to close The Limes?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"Further to the Chief Minister's answer to written question 1240/5(9067) of 17th November 2015, will the Chief Minister advise members what part of the £387,000 spent by the Data Protection Commissioner's Office over 6 years was allocated to the court proceedings involving former Senator Stuart Syvret and what amount was incurred by any other States or judicial source?"
- Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister –
"At the meeting of the States on 1st December 2015 the Chief Minister agreed to produce a list of third sector providers of public services whose States grants had been, or were to be, cut in 2015 and 2016, including the size of the cuts and the reduction or cessation of service that would ensue. Can the Chief Minister produce this data and, if not, why not?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Health and Social Services 2nd question period – Minister for Economic Development
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS 14th December 2015
The Chief Minister has given notice to the Greffier under Standing Order 32 that he will request the States to agree under Standing Order 26(7) to reduce the lodging period in respect of P.151/2015 to enable its debate on 14th December 2015.
Data Protection Commissioner and vice-Data Protection Commissioner: renewal of P.151/2015. appointments.
Lodged: 7th December 2015.
Chief Minister.
Draft Currency Notes (Variation of Maximum Amount of Issue) (Jersey) Regulations P.146/2015. 201-.
Lodged: 17th November 2015.
Minister for Treasury and Resources.
15th December 2015
Draft Budget Statement 2016. P.127/2015. Lodged: 20th October 2015.
Minister for Treasury and Resources.
Draft Budget Statement 2016 (P.127/2015): amendment. P.127/2015. Lodged: 25th November 2015. Amd. Deputy of Grouville .
Draft Budget Statement 2016 (P.127/2015): second amendment. P.127/2015. Lodged: 1st December 2015. Amd.(2) Connétable of Grouville .
Draft Budget Statement 2016 (P.127/2015): third amendment. P.127/2015. Lodged: 1st December 2015. Amd.(3) Deputy of St. Mary .
Draft Budget Statement 2016 (P.127/2015): fourth amendment. P.127/2015. Lodged: 1st December 2015. Amd.(4) Connétable of St. John .
Draft Budget Statement 2016 (P.127/2015): fifth amendment. P.127/2015. Lodged: 1st December 2015. Amd.(5) Connétable of St. John .
Draft Finance (2016 Budget) (Jersey) Law 201-. P.129/2015. Lodged: 20th October 2015.
Minister for Treasury and Resources.
Draft Income Tax (Amendment No. 45) (Jersey) Law 201-. P.128/2015. Lodged: 20th October 2015.
Minister for Treasury and Resources.
Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) P.46/2015. (Jersey) Regulations 201-. (Principles approved on 20th October 2015.) (re-issue) Lodged: 6th May 2015.
Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) P.46/2015. (Jersey) Regulations 201- (P.46/2015): comments. Com. Presented: 4th December 2015.
Corporate Services Scrutiny Panel.
Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) P.46/2015. (Jersey) Regulations 201- (P.46/2015): comments. Com.(2) Presented: 4th December 2015.
Corporate Services Scrutiny Panel.
Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) P.46/2015. (Jersey) Regulations 201- (P.46/2015): comments. Com.(3) Presented: 4th December 2015.
Economic Affairs Scrutiny Panel.
Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) P.46/2015. (Jersey) Regulations 201- (P.46/2015): amendment. Amd. Lodged: 24th November 2015.
Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) P.46/2015. (Jersey) Regulations 201- (P.46/2015): second amendment. Amd.(2) Lodged: 1st December 2015.
Corporate Services Scrutiny Panel.
Draft Social Security (Amendment of Law No. 10) (Jersey) Regulations 201-. P.136/2015. Lodged: 3rd November 2015.
Christmas bonus: introduction of means-tested bonus. P.141/2015. Lodged: 11th November 2015.
Deputy G.P. Southern of St. Helier .
Concessionary bus fares for the disabled: discussions with LibertyBus. P.140/2015. Lodged: 10th November 2015.
Deputy M. Tadier of St. Brelade .
Social Security Tribunal: appointment of Chairman. P.143/2015. Lodged: 17th November 2015.
Social Security Medical Appeal Tribunal: appointment of Chairman. P.144/2015. Lodged: 17th November 2015.
Income Support Medical Appeal Tribunal: appointment of Chairman. P.145/2015. Lodged: 17th November 2015.
Draft Double Taxation Relief (Arrangement with the United Kingdom) (Jersey) Act P.147/2015. 201-.
Minister for External Relations.
Public Employees Contributory Retirement Scheme Committee of Management: P.148/2015. membership.
(Cannot be debated before 16th December 2015.)
- ARRANGEMENT OF PUBLIC BUSINESS 19th January 2016
Draft EU Legislation (Consumer Protection – Unfair Practices) (Jersey) Regulations P.134/2015. 201-.
Minister for Economic Development.
Draft Policing of Roads (Amendment No. 9) (Jersey) Regulations 201-. P.138/2015. Lodged: 5th November 2015.
Minister for Transport and Technical Services.
La Collette Low Rise Development: direction to Andium Homes Ltd. P.139/2015. Lodged: 9th November 2015.
Deputy R. Labey of St. Helier .
Draft Planning and Building (Amendment No. 7) (Jersey) Law 201-. P.142/2015. Lodged: 17th November 2015.
Minister for Planning and Environment.
Jersey Law Commission: appointment of Commissioners. P.149/2015. Lodged: 24th November 2015.
Minimum Wage: revised hourly rate from 1st April 2016. P.150/2015. Lodged: 26th November 2015.
Deputy S.Y. Mézec of St. Helier .
Draft Road Works and Events (Jersey) Law 201-. P.152/2015. Lodged: 8th December 2015.
Minister for Transport and Technical Services.
2nd February 2015
Draft Debt Remission (Individuals) (Jersey) Law 201-. P.153/2015. Lodged: 9th December 2015.
Chief Minister.
Draft Commissioner for Standards (Jersey) Law 201-. P.120/2015. Lodged: 15th October 2015.
Privileges and Procedures Committee.
M.N. DE LA HAYE, O.B.E. Greffier of the States
9th December 2015 Note –
In accordance with the meeting dates fixed for 2015 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Tuesday 15th, Wednesday 16th and Thursday 17th December 2015.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.153/2015.
This Order amends the EU Legislation (Sanctions – Belarus) (Jersey) Order 2015 to give effect in Jersey to the amendments made by Council Regulation (EU) 2015/1948 of 29 October 2015 (OJ L 284, 30.10.2015, p. 62) to Regulation (EC) No 765/2006, which is the EU legislation implemented by the original Order. The effect of those amendments is to suspend freezing measures against persons listed in a new Annex IV to Regulation (EC) No 765/2006.
The list, in Annex I to Regulation (EC) No 765/2006, of those on whom the freezing measures are imposed (subject to any suspension) has also separately been amended, most recently by Council Implementing Regulation (EU) 2015/1949 of 29 October 2015 (OJ L 284, 30.10.2015, p. 71). But those listing amendments are separately given effect by the ambulatory reference to the Annexes in the original Order.
The Order was made on 2nd December 2015 and came into force on 3rd December 2015.
WRITTEN QUESTIONS (See Item I(a))
- The Minister for Health and Social Services will table an answer to the following question asked by Senator Z.A. Cameron –
"Given that it is important for recruitment that doctors and nurses coming to work in Jersey do not need to retrain to be able to return to the U.K. should they wish to do so, is the regulatory framework that Jersey has put in place to guarantee professional standards for doctors and nurses consistent with the UK performers list?"
- The Minister for Home Affairs will table an answer to the following question asked by the Deputy of St. John –
"Further to page 18 of the Home Affairs 2015 Business Plan in which a specific key risk is workforce modernisation and process re-engineering hindered by corporate controls and processes', could the Minister explain whether this has been an issue on the department's ability to perform during 2015 and, if so, what hindrance in particular corporate controls and processes may have had?"
- The Chief Minister will table an answer to the following question asked by Deputy S.M. Wickenden of St. Helier –
"Would the Chief Minister provide a list of costs year on year for the running of the Jersey Appointments Commission since it was started in 2002 up until the current day with the figures broken down by Chairperson remuneration, Commissioner remuneration and expenses?"
- The Chief Minister will table an answer to the following question asked by Deputy S.M. Wickenden of St. Helier –
"Would the Chief Minister provide a breakdown of the number of staff in each civil service grade for the 108.4 FTE's within the Information Services Department?"
- The Minister for Social Security will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Following the results of the Household Income Distribution Survey 2014/15 which showed that 28 percent of pensioners live in Relative Low Income, what work, if any, has the Minister undertaken to estimate what effect there will be on this figure by the recent changes to the Income Support disregard for pension income?
If she has not done any work on this, why not?"
- H.M. Attorney General will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Would H.M. Attorney General clarify the current law in Jersey governing the crime of inciting racial hatred and inform members whether there have been any prosecutions since it was introduced?"
- The Minister for Home Affairs will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Will the Minister state how many individuals have been subject to –
- baggage searches;
- personal searches;
- strip searches, including cavity searches;
- X-Rays;
in the past 3 years to-date (2013 to 2015), on the suspicion of importing illegal drugs;
How many of these were (1) charged and (2) not charged and (3) how many of these convicted of a subsequent offence?"
- The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"What justification does the Chief Minister offer for the low levels of spending as a proportion of GDP on the Council of Ministers' priority' services of education (2.5%) and health (3.5%) in comparison with the OECD averages (6.2% and 9% respectively)?
What further explanation does he have for figures from Standard and Poor which suggest that total government spending will reduce from 18.4% of GDP to just 17.3% by 2018?
Does he consider that such low levels will inevitably damage the level and quality of public services essential to maintain the quality of life of residents and reduce the Island to third world standards?"
- 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 what progress, if any, has been made towards solving the ongoing dispute between the States Employment Board and representatives of public sector employees over pay and conditions in the light of above inflation pay rises in the private sector?"
- The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Given that during the course of 2015, the Jersey Employment Trust (JET), a third sector provider, was subject to grant reductions on 4 different occasions in January, June, July and November taking its forecast deficit from £40,000 to £370,000, does the Chief Minister consider that this process was efficient or effective and, if not, would he assure members that this did not happen to other third sector organisations supported by the States nor will it happen again in the future?"
- The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Given that the latest Income Distribution Survey points to a growing income inequality gap in Jersey to the extent that the Island has now overtaken the United Kingdom in terms of inequality, what specific targets in relation to pensioners, children in relative low income or 90/10 ratios does the Chief Minister have for the rest of his time in office and, if none, why?"
- The Minister for Housing will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"What specific targets for additional units of accommodation in the social rental and subsidised purchase sectors does the Minister have for the coming 4 years of the Medium Term Financial Plan in order to bring down housing costs which are pushing households into relative low income?
Can she further indicate what effect, if any, the decision to move to 90% of private sector rentals levels had on the increase in the proportion of social rental households (from 50% to 66%) in relative low income over the period of the Income Distribution Survey 2014/15?"
- The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Chief Minister confirm with regard to the Sharp Report:
- how many pages were contained in the full report not including appendices;
- how many appendices were produced to the report, the title of each appendix and the number of pages in each appendix;
- the date the main report was sent to the Independent Jersey Care Inquiry; and,
- the date(s) on which the appendices were sent to the Independent Jersey Care Inquiry and the number(s) of appendices which were sent on each date?"
- The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Chief Minister provide the following information for members for each States Department (breaking down the Chief Minister's Department into its individual operational or administrative units) for each year from 2008 to November 2015 –
- every charge, fee or item that resulted in an increase income from members of the public or companies (ie. a charge by any other name) raised in that year together with its percentage rise; and,
- the annual rate of inflation for each year (in the case of 2015 using November 2014 to November 2015)?"
- The Minister for Home Affairs will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"With reference to Operation Rectangle will the Home Affairs Minister explain to Members -
- the chain of evidence requirements for all bone or suspected bone fragments recovered from Haut de la Garenne; and,
- whether there were breaches in the chain of evidence that occurred in their handling, examination and testing and, if so, how many breaches, who was responsible for them and what effect these breaches would have had on their admissibility had they been used as evidence in court?"
- The Minister for Home Affairs will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Following the criticism of the States of Jersey Police by the Master of the Royal Court in Boschat v. Chief of States of Jersey Police (JRC 220A (2015)) regarding the failure to supply timely information when requested, and further to the answer given to written question 1240/5(9068) on 17th November 2015 which showed that the States of Jersey Police, uniquely of all States departments, were failing to meet the 40 day response time to subject access requests, will the Minister -
- explain what steps she will be taking to ensure that the Police will, in future, respond to all subject access requests within the 40 day period prescribed in the Data Protection (Jersey) Law 2005;
- publish in an anonymised format the nature of all outstanding subject access requests over 40 days in each of the years listed in the previous written question, explaining the reasons why the information has not been supplied to date; and,
- advise all States members within 40 days of this question how many of these outstanding information requests have, and have not, been cleared and, for those that have not been cleared, the reason(s) why?"
- The Chairman of the Comité des Connétable s will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Would the Committee set out for each Parish the number and type of each type of honorary police officers together with details of any payments of expenses and honorarium made to each class of honorary officer?"
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2016
1st Session 2016
January 19th Housing Chief Minister
February 2nd Transport and Technical Services Planning and Environment February 23rd External Relations Chief Minister
March 8th Social Security Home Affairs
March 22nd Treasury and Resources Chief Minister
April 12th Education, Sport and Culture Health and Social Services April 26th Economic Development Chief Minister
May 10th Housing Transport and Technical Services May 24th Planning and Environment Chief Minister
June 14th External Relations Social Security
June 28th Home Affairs Chief Minister
July 12th Treasury and Resources Education, Sport and Culture
2nd Session 2016
September 13th Health and Social Services Chief Minister September 27th Economic Development Housing
October 11th Transport and Technical Services Chief Minister November 1st Planning and Environment External Relations November 15th Social Security Chief Minister November 29th Home Affairs Treasury and Resources December 13th Education, Sport and Culture Chief Minister