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STATES OF JERSEY ORDER PAPER
Tuesday 16th June 2015
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Road Traffic ( St. Brelade ) (Amendment No. 18) (Jersey) Order 2015. R&O.59/2015. Minister for Transport and Technical Services.
EU Legislation (Sanctions – Syria) (Amendment No. 2) (Jersey) Order 2015. R&O.63/2015. Minister for External Relations.
Island Games (Cycle Race – Grouville and St. Martin ) (Jersey) Order 2015. R&O.64/2015. Minister for Transport and Technical Services.
Island Games (Cycle Race – Time Trials – St. Ouen , St. Peter and St. Brelade ) R&O.65/2015. (Jersey) Order 2015.
Minister for Transport and Technical Services.
Island Games (Cycle Race – Town Criterium) (Jersey) Order 2015. R&O.66/2015. Minister for Transport and Technical Services.
Island Games (Triathlon) (Jersey) Order 2015. R&O.67/2015. Minister for Transport and Technical Services.
Shipping (Fishing Vessels Safety Provisions) (Amendment) (Jersey) Order 2015. R&O.68/2015. Minister for Economic Development.
EU Legislation (Sanctions – Libya) (Amendment No. 2) (Jersey) Order 2015. R&O.69/2015. Minister for External Relations.
- DOCUMENTS PRESENTED OR LAID
Land Transactions under Standing Order 168(3) – R.69/2015.
- E26 Warehouse and Yard, Elizabeth Harbour, La Route du Port Elizabeth,
St. Helier – lease;
- JEC Substation No. 230 and Wayleave, New Police Headquarters, Green Street,
St. Helier – lease.
Presented: 5th June 2015.
Minister for Treasury and Resources.
Land Transactions under Standing Order 168(3) – New Cargo Centre, Jersey R.70/2015. Airport, St. Peter – lease of an area of land on which the JEC will construct
Substation 817.
Presented: 9th June 2015.
Minister for Treasury and Resources.
Meetings of the States in 2016. R.71/2015. Presented: 11th June 2015.
Privileges and Procedures Committee.
Environmental Policies Review (S.R.1/2015): response of the Minister for Planning S.R.1/2015. and Environment. Res. Presented: 10th June 2015.
Minister for Planning and Environment.
- NOTIFICATION OF LODGED PROPOSITIONS
Draft Public Finances (Amendment of Law No. 2) (Jersey) Regulations 201- P.42/2015. (P.42/2015): amendment (P.42/2015 Amd.) – second amendment. Amd. Lodged: 5th June 2015. Amd.(2) Minister for Treasury and Resources.
Esplanade Quarter development: Scrutiny review and referendum (P.44/2015) – P.44/2015. amendment. Amd. Lodged: 9th June 2015.
Deputy M. Tadier of St. Brelade .
Draft Aircraft Registration (Births, Deaths And Missing Persons) (Jersey) P.63/2015. Regulations 201- (P.63/2015): amendment. Amd. Lodged: 11th June 2015.
Minister for Economic Development.
Immigration, Asylum and Nationality Act 2006 and Immigration Act 2014: P.64/2015. extension of certain sections to Jersey.
Lodged: 10th June 2015.
Chief Minister.
- WITHDRAWAL OF LODGED PROPOSITIONS
In accordance with Standing Order 34(1), the proposers of the following propositions lodged au Greffe' have informed the Greffier of the States that they are to be withdrawn –
Draft Public Finances (Amendment of Law No. 2) (Jersey) Regulations 201- P.42/2015. (P.42/2015): amendment (P.42/2015 Amd.) – amendment. Amd.Amd. Lodged: 26th May 2015.
Minister for Treasury and Resources.
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
Nomination of Deputy S.M. Wickenden of St. Helier as a member of the Planning Applications Committee.
Appointment of the Chairman of the Economic Affairs Scrutiny Panel.
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
- The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding benefits.
- The Minister for Economic Development will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding JT tariff structures.
- The Chief Minister will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding Royal Court procedures.
- The Minister for Health and Social Services will table an answer to a question asked by Deputy
M. Tadier of St. Brelade regarding the Crematorium.
- The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding staffing matters.
- The Chairman of the Comité des Connétable s will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding meetings of the Comité.
- The Chief Minister will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding Ministers' travel expenses.
- The Chief Minister will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding feudal rights.
- The Minister for Transport and Technical Services will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding waste disposal charges.
- The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding benefit payments.
- – Oral Questions (120 minutes)
- Deputy M. Tadier of St. Brelade will ask the following question of the Chief Minister –
"Will the Chief Minister explain under what circumstances a public employee who voluntarily resigns from their position, for example, to spend more time with their family, would then be entitled to financial compensation in excess of their annual salary?"
- Deputy A.D. Lewis of St. Helier will ask the following question of the Minister for Social Security –
"Could the Minister advise how the enforcement of the mandatory requirement for all employers to pay the minimum wage is currently policed and what, if any, cases of non-compliance have been reported in the last 12 months?"
- Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister –
"Does the Chief Minister consider that new user-pays charges are actually taxes, and if so, will he acknowledge that, under his leadership, taxes for ordinary Islanders will rise and advise how this reconciles with statements made before, during and after the election, that a government led by him would only raise taxes as a last resort?"
- The Deputy of St. Mary will ask the following question of the Minister for Health and Social Services –
"Is it the case that a disproportionate number of admissions to Accident and Emergency, particularly at weekends, relate to conditions induced by the intake of excessive alcohol or drugs and that such admissions deflect medical staff from attending other emergencies and impact upon the overall health budget and will the Minister therefore introduce a standard charge payable by the patient' when their condition is self-inflicted?"
- Deputy R. Labey of St. Helier will ask the following question of the Minister for Treasury and Resources –
"Will the Minister, as shareholder representative, advise whether JT is resisting wholesale access for competitors to its single line network by restricting customer transfers to 20 per day and, if so, will the Minister raise this with the JT Board, together with the failure of JT to allow wholesale rental on multiple lines and broadband, and fixed number portability, so that these matters of public interest are dealt with urgently?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Housing –
"Can the Minister account for the increase in void times reported by Andium Homes due to an increase in refusals through the Affordable Housing Gateway and advise what measures are under consideration to improve this apparent inefficiency?"
- Deputy J.A. Martin of St. Helier will ask the following question of the Minister for Housing –
"Have there been any discussions with local housing trusts regarding the possible introduction of a scheme to provide for the sale of their housing stock to existing tenants, in an initiative similar to the Right to Buy scheme in the UK, and if not, why not?"
- Deputy A.D. Lewis of St. Helier will ask the following question of the Chief Minister –
"Once the value of a living wage for Jersey has been calculated and the Living Wage Foundation established in Jersey, would the Minister be prepared to recommend to the Council of Ministers that the States of Jersey becomes an accredited member of the Living Wage Foundation and thus ensure that all employees and, in particular, the employees of subcontractors, are paid a living wage?"
- Deputy J.A. Martin of St. Helier will ask the following question of the Minister for Home Affairs –
"Would the Minister inform the Assembly what difficulties, if any, have been caused by the decision of England and Wales that prisoners cannot, at the present time, be re-located to a prison in the vicinity of their family and friends and state how the prison plans to manage high- profile prisoners who are required to complete a long prison sentence under these circumstances?"
- Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Treasury and Resources –
"Further to a response to a question on 4th February 2014 by his predecessor that he had met with the States of Jersey Development Company the day before and was "absolutely clear with the SoJDC" that "their buildings are to be progressed on a fully-let basis", can the Minister confirm that the minutes of that meeting reflect this, and state exactly what the minutes record, if anything, in this regard?"
- Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Social Security –
"Would the Minister consider amending the Income Support (Jersey) Law 2007 to allow single parents to continue to receive the lone-parent component of income support after their child turns 19, so long as their child is still in full time education?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"Does the Chief Minister believe that issuing an open invitation to over 7,000 States employees to consider voluntary release was the most efficient mechanism to achieve targets for a reduction in the number of States posts, and will he further inform members what the external advisors have contributed so far towards achieving these targets?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Social Security
2nd question period – Minister for Transport and Technical Services
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Draft Public Finances (Amendment of Law No. 2) (Jersey) Regulations 201-. P.42/2015. Lodged: 21st April 2015.
Minister for Treasury and Resources.
Draft Public Finances (Amendment of Law No. 2) (Jersey) Regulations 201- P.42/2015. (P.42/2015): amendment. Amd. Lodged: 19th May 2015.
Corporate Services Scrutiny Panel.
Draft Public Finances (Amendment of Law No. 2) (Jersey) Regulations 201- P.42/2015. (P.42/2015): amendment (P.42/2015 Amd.) – second amendment. Amd. Lodged: 5th June 2015. Amd.(2) Minister for Treasury and Resources.
Esplanade Quarter development: Scrutiny review and referendum. P.44/2015. Lodged: 28th April 2015.
Deputy M. Tadier of St. Brelade .
Esplanade Quarter development: Scrutiny review and referendum (P.44/2015) – P.44/2015. amendment. Amd. Lodged: 9th June 2015.
Deputy M. Tadier of St. Brelade .
Jersey Financial Services Commission: re-appointment of Commissioner. P.47/2015. Lodged: 6th May 2015.
Chief Minister. (Consideration in camera'.)
Jersey Financial Services Commission: re-appointment of Commissioner. P.49/2015. Lodged: 11th May 2015.
Chief Minister. (Consideration in camera'.)
Health and Safety Appeal Tribunal: appointment of members. P.54/2015. Lodged: 12th May 2015.
- ARRANGEMENT OF PUBLIC BUSINESS 23rd June 2015
States Assembly: filming proceedings and the installation of clocks. P.39/2015. Lodged: 16th April 2015.
Privileges and Procedures Committee.
States of Jersey Development Company Limited: re-appointment of Non-Executive P.45/2015. Director.
Minister for Treasury and Resources.
Draft Connétable s (Amendment – Declaration of Convictions) (Jersey) Law 201-. P.48/2015. Lodged: 7th May 2015.
Draft Income Support (Amendment) (Jersey) Law 201-. P.50/2015. Lodged: 12th May 2015.
Draft Income Support (Amendment No. 13) (Jersey) Regulations 201-. P.52/2015. Lodged: 12th May 2015.
Draft Adoption (Amendment No. 7) (Jersey) Law 201-. P.53/2015. Lodged: 12th May 2015.
Minister for Health and Social Services.
Ex Gratia payment to Mr. Roy Boschat. P.58/2015. Lodged: 26th May 2015.
Deputy T.A. McDonald of St. Saviour .
14th July 2015
Draft Register of Names and Addresses (Comparison with Electoral Registers) P.55/2015. (Jersey) Regulations 201-.
Draft Register of Names and Addresses (Access for Medical Purposes) (Jersey) P.56/2015. Regulations 201-.
Draft Public Finances (Amendment of Law No. 3) (Jersey) Regulations 201-. P.57/2015. Lodged: 22nd May 2015.
Minister for Treasury and Resources.
Draft Shipping (Amendment of Law) (Jersey) Regulations 201-. P.59/2015. Lodged: 27th May 2015.
Minister for Economic Development.
Draft Employment of States of Jersey Employees (Amendment No. 7) (Jersey) P.60/2015. Regulations 201-.
Lodged: 2nd June 2015.
States Employment Board.
Draft EU Legislation (Civil Aviation Insurance) (Jersey) Regulations 201-. P.61/2015. Lodged: 2nd June 2015.
Minister for External Relations.
Draft Air Navigation (Investigation of Air Accidents and Incidents on Jersey P.62/2015. Registered Aircraft) (Jersey) Regulations 201-.
Lodged: 2nd June 2015.
Minister for External Relations.
Draft Aircraft Registration (Births, Deaths and Missing Persons) (Jersey) P.63/2015. Regulations 201-.
Lodged: 2nd June 2015.
Minister for Economic Development.
Draft Aircraft Registration (Births, Deaths And Missing Persons) (Jersey) P.63/2015. Regulations 201- (P.63/2015): amendment. Amd. Lodged: 11th June 2015.
Minister for Economic Development.
8th September 2015
Immigration, Asylum and Nationality Act 2006 and Immigration Act 2014: P.64/2015. extension of certain sections to Jersey.
Lodged: 10th June 2015.
Chief Minister.
M.N. DE LA HAYE, O.B.E. Greffier of the States
11th June 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 17th and Thursday 18th June 2015.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.59/2015.
This Order makes various amendments to the Road Traffic ( St. Brelade ) (Jersey) Order 1990.
In respect of the south end of the west side of La Neuve Route, the unloading bay is replaced by a restriction of parking to 20 minutes with a disc, and a reference to a building is updated. (See Articles 2, 3 and 5(a)–(b))
In respect of the unloading bay outside the Tenby Bars Public House on Le Boulevard (The Bulwarks), the period during which only loading and unloading are permitted is altered to 6.00 a.m. to 2.00 p.m. Outside that period parking is permitted for 3 hours with a disc, as on other parts of that road (see Articles 3, 5(c) and 6).
In respect of the unloading bay at Charing Cross, St. Aubin, the restriction as to loading and unloading is made applicable at all times (see Articles 3 and 6).
In respect of La Route de Noirmont, waiting is prohibited on a further part (see Article 4(a)).
In respect of Le Mont des Longchamps, between Le Mont Nicolle and Le Mont les Vaux, the area covered by the prohibition on waiting is altered, the 12 in 24 hour parking restriction on part of the road is removed, a new 3 hour disc parking restriction is added for parts of the road, and a reference to the road as La Rue des Longchamps is corrected (see Articles 4(b)–(c), 5(d) and 7).
In respect of Le Mont ès Croix, an area of permitted parking is removed (see Article 4(d)). R&O.63/2015.
This Order amends the EU Legislation (Sanctions – Syria) (Jersey) Order 2014, to give effect to Council Regulation (EU) 2015/827 of 28 May 2015 (OJ L 132, 29.5.2015, p. 1) amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria. The effect is that the prohibition on trade in cultural and related goods applies to goods exported from Syria between 15th March and 8th May 2011 (as well as to those exported after that time).
The Order was made on 4th June 2015 and came into force on 5th June 2015. R&O.64/2015.
This Order specifies dates and times when roads in the parishes of Grouville and St Martin may be closed for a cycle race on Tuesday 30th June 2015 which is part of the Island Games 2015.
The Order was made on 8th June 2015 and came into force on being made. R&O.65/2015.
This Order specifies dates and times when traffic may be restricted, regulated or prohibited on roads mainly in the parishes of St. Ouen and St. Brelade and, for a short section, St. Peter , for a cycle race comprising time trials on Sunday 28th June 2015. This event is part of the Island Games 2015.
The Order was made on 8th June 2015 and came into force on being made.
R&O.66/2015.
This Order allows the closure of streets in St. Helier for the holding of the Town Criterium cycle race on Thursday 2nd July 2015 as part of the Island Games 2015. This Order also sets out for that event certain variations of the usual arrangements for one-way traffic in town and other ancillary provisions.
The Order was made on 8th June 2015 and came into force on being made. R&O.67/2015.
This Order specifies dates and times when traffic and pedestrians may be restricted, regulated or prohibited on roads in connection with the swimming, cycling and running race on Sunday 28th June 2015 known as the Jersey Triathlon which is part of Island Games 2015.
The Order was made on 8th June 2015 and came into force on being made. R&O.68/2015.
This Order amends and re-names the Shipping (Fishing Vessels Safety Provisions) (Jersey) Order 2004 ("principal Order") so that its provisions now only apply to fishing vessels that are 24 metres or over in registered length. Owners of Fishing vessels that are under 24 metres registered length will now need to comply with codes of practice in respect of those vessels. This Order also makes some minor corrections to the 2004 Order. (Note that the principal Order defines "length" in relation to a vessel, as the length shown on the vessel's register).
Article 1 defines the term "principal Order" used throughout this Order as the 2004 Order. R&O.69/2015.
This Order amends the EU Legislation (Sanctions – Libya) (Jersey) Order 2014 to give effect, in Jersey, to Council Regulation (EU) 2015/813 of 26 May 2015 (OJ L 129, 27.5.2015, p. 1) amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya. That Regulation amends the description of persons, entities and bodies against whom sanctions are to apply, who are listed in the Annexes to the Regulation, and amends the requirement to give grounds for listing a person, entity or body.
The Order was made on 10th June 2015 and came into force on 11th June 2015.
APPOINTMENT OF COMMITTEES AND PANELS
(See Item F)
Appointment of member of the Planning Applications Committee
The Chairman will indicate the number of members she wishes the committee to have and shall nominate elected members as candidates for appointment as those members. The presiding officer shall invite elected members to nominate other candidates. If no other candidates are nominated the persons nominated by the chairman of the Planning Applications Committee are appointed as members of that Committee.
If other candidates are nominated there shall be a secret ballot and the number of candidates equal to the number of members the committee is to have who receive the highest number of votes will be appointed as members of the Planning Applications Committee.
Appointment of Chairman of the Economic Affairs Scrutiny Panel
The Presiding Officer will invite nominations for the position of Chairman of the Economic Affairs Scrutiny Panel. Ministers and Assistant Ministers are not eligible for appointment to this position. Each nomination must be seconded. If there is more than one nomination each candidate will speak for up to 10 minutes with a 20 minute question period. The candidates will speak and be questioned in the order in which they have been nominated. Other candidates must withdraw from the Chamber during the speeches and question period.
Following the speeches and question periods an open ballot or ballots will be held until one candidate receives an overall majority of votes cast.
WRITTEN QUESTIONS (See Item I(a))
- The Minister for Social Security will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Can the Minister indicate to members what changes to the benefit regime, if any, are under consideration which would meet the criteria outlined in the Resource Statement to the draft Strategic Plan of supporting financial independence, targeting those most in need and limiting the impact on individuals?
Will she also state what proportion of the £35 million savings target it is intended to deliver from savings to the benefit regime?
Will she further distinguish between changes to contributory benefits and those paid for out of tax revenues?"
- The Minister for Economic Development will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Will the Minister outline for members the changes to tariff structures introduced by JT over the last 2 years which have significantly increased the costs of calling Jersey landline and mobile numbers from the U.K. (and possibly Europe)? What impact does the Minister consider that such increased charges might have on the competitive position of businesses in Jersey, if any, and what measures does he propose to mitigate this position?"
- The Chief Minister will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"(1) Since 17th August 2010, how many cases have come before the Royal Court in which an
application has been made for a care order; supervision order or an order that the child be freed for adoption?
- How many of those cases (a) did not have a lawyer appointed at all by the Court for the child;
- had a lawyer appointed for the child more than three months after the proceedings had commenced?
- In Re B (Separate Representation of Minors) 2010 JLR 387, the Royal Court stated that the appointment of lawyers for children and their joinder to proceedings in that case might have to be reviewed were the United Nations Convention on the Rights of the Child extended to Jersey. Since this Convention was extended to Jersey in June 2014, has the approach of Re B been reconsidered by an independent expert in this area outside Jersey, and if not, why not?
- Have the views of Guardians appointed in the cases above been sought as to whether the practice set out in Re B (for the representation of children) should be reconsidered or improved? If not, why not? If so, what were the views expressed?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Can the Minister give an assurance that measures will be taken promptly to prevent all toxic emissions at the Crematorium, to meet with the Scrutiny Legacy Report recommendations, and outline what measures, if any, will be introduced and how they are likely to be delivered?"
- 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 of the progress so far in identifying the numbers of States positions deemed potentially redundant, in that they will not be replaced should the current postholder leave, by department and by grade, and if not state when he will do so?
Will he further state what services, along with staffing numbers and grades, have been identified for potential outsourcing in one form or another, in order to contribute to the required targets for savings in the Strategic Plan?
Finally will he state what progress has been made in identifying services that will cease or be reduced following amalgamation/elimination of States departments?"
- The Chairman of the Comité des Connétable s will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier –
"What consideration, if any, has been given to holding meetings of the Comité des Connétable s in public?"
- The Chief Minister will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier –
"Following the Chief Minister's answer to question 8815 tabled on Tuesday 2nd June 2015 regarding Ministers' travel expenses, could he explain why sums have been given that appear to include flight costs for members who at the time did not hold any ministerial office? Could he further provide the information requested, removing any cost that was not associated directly with members acting in their capacity as Ministers/Assistant Ministers?"
- The Chief Minister will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier –
"Following concerns raised over how seigneurial rights could affect any plans to use the Island's foreshore, would the government consider simply abolishing all feudal rights which still exist in Jersey and, if not, how would he justify the continuation of such rights?"
- The Minister for Transport and Technical Services will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Could the Minister explain exactly what the impact would be on the plans to introduce a new waste disposal charge if the Parish Assembly in St. Helier refuses to give permission to lift the covenant which prevents the parish from being charged for waste disposal?"
- The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier –
"Under what circumstances will public sector employees who take up voluntary redundancy as part of the initiative to shed States positions be subject to sanctions (benefit reduced by £92 for 13 weeks) as indicated on the relevant section of www.gov.je?
In more general terms, how is eligibility for benefit payments affected by voluntary redundancy payments?"
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
2015
1st Session 2015
June 23rd Home Affairs Chief Minister
July 14th External Relations Treasury and Resources
2nd Session 2015
September 8th September 22nd October 6th October 20th November 3rd November 17th December 1st December 15th
Education, Sport and Culture Health and Social Services Housing
Planning and Environment Transport and Technical Services Home Affairs
Treasury and Resources Education, Sport and Culture
Chief Minister Economic Development Chief Minister
Social Security
Chief Minister
External Relations
Chief Minister
Health and Social Services