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Consolidated Order Paper 1st November 2016

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STATES OF JERSEY ORDER PAPER

1st NOVEMBER 2016

SUMMARY

9.30 a.m.  Communications by the Presiding Officer and other announcements Appointments, matters of privilege, petitions (if any)

Approx. 9.40 a.m.  Summary of written questions

Up to 2 hours  Oral questions with notice

Urgent questions (if any)

Up to 30 minutes,  Oral questions without notice: divided between the  Minister for the Environment two Ministers  Minister for Social Security

Statements (if any)

Approx. 11.40 a.m.  Public Elections: introduction of STV and AV (P.88/2016)

Public  Elections:  introduction  of  STV  and  AV  (P.88/2016)  – amendment (P.88/2016 Amd.)

Draft Limited Liability Partnerships (Jersey) Law 201- (P.95/2016)

Antarctic Act 2013: extension of sections 14, 15 and 16 to Jersey by Order in Council (P.96/2016)

Public Elections: polling cards and accessibility of polling stations (P.97/2016)

Jersey Police Complaints Authority: appointment of Chairman (P.104/2016)

Arrangement of public business at subsequent sittings

Lunch adjournment likely around 12.45 p.m., until 2.15 p.m.

If business is not completed by around 5.30 p.m. the Assembly usually adjourns for the evening and will resume its meeting at 9.30 a.m. on Wednesday 2nd and Thursday 3rd November 2016 if necessary.

STATES OF JERSEY ORDER PAPER

1st NOVEMBER 2016 CONSOLIDATED

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

Employment  (Minimum  Wage)  (Amendment  No. 10)  (Jersey)  Order  2016 R&O.110/2016. Minister for Social Security.

Road Traffic (Public Parking Places) (Amendment No. 12) (Jersey) Order 2016  R&O.111/2016. Minister for Infrastructure.

* Aircraft Registration (Nationality and Registration Marks) (Amendment) (Jersey) R&O.112/2016. Order 2016

Minister for Economic Development, Tourism, Sport and Culture.

  1. DOCUMENTS PRESENTED

* Public Elections: polling cards and accessibility of polling stations (P.97/2016) –  P.97/2016. comments.  Com. Presented: 31st October 2016, Council of Ministers.

Howard Davis Farm Trust: Reports and Financial Statements from 15th May 2009 R.106/2016. to 31st December 2015.

Presented: 13th October 2016, Minister for Treasury and Resources.

Use of Consultants.  R.107/2016. Presented: 13th October 2016, Comptroller and Auditor General.

Finance Law Delegation Report for the 18-month period ended  R.108/2016. 31st December 2015.

Presented: 19th October 2016, Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) –  R.109/2016.

  1. 51 Central Market, Halket Place, St. Helier – lease;
  2. 90 Central Market, Halket Place, St. Helier – lease.

Presented: 25th October 2016, Minister for Infrastructure.

* Land Transactions under Standing Order 168(3) – sale of land at Seymour Villa,  R.110/2016. Grouville .

Presented: 1st November 2016, Minister for Infrastructure.

Living on Low Income (S.R.4/2016): response of the Minister for Social Security.  S.R.4/2016. Presented: 21st October 2016, Minister for Social Security.  Res.

  1. NOTIFICATION OF LODGED PROPOSITIONS

* Draft Commissioner for Standards (Jersey) Law 201- (P.87/2016): amendment.  P.87/2016. Lodged: 1st November 2016, Chief Minister.  Amd. Jersey Appointments Commission: re-appointment of Commissioner.  P.106/2016. Lodged: 17th October 2016, States Employment Board.

Draft Employment (Minimum Wage) (Amendment No. 13) (Jersey) Regulations P.107/2016. 201-.

Lodged: 17th October 2016, Minister for Social Security.

Draft United Nations Financial Sanctions (Jersey) Law 201-.  P.108/2016. Lodged: 18th October 2016, Minister for External Relations.

Draft Budget Statement 2017.  P.109/2016. Lodged: 18th October 2016, Minister for Treasury and Resources.

Future Hospital: preferred site.  P.110/2016. Lodged: 19th October 2016, Council of Ministers.

Draft Taxation (Implementation) (International Tax Compliance) (Country-by- P.111/2016. Country Reporting: BEPS) (Jersey) Regulations 201-.

Lodged: 20th October 2016, Minister for External Relations.

Greville Bathe Fund: appointment of Jurat.  P.112/2016. Lodged: 25th October 2016, Minister for Treasury and Resources.

* Draft Finance (2017 Budget) (Jersey) Law 201-.  P.113/2016. Lodged: 1st November 2016, Minister for Treasury and Resources.

* DLodgraft Red:oad 1stWor Novkems abernd Ev 2016, ents M(Jienirsesteyr f) Lawor In 2fr016 (astrucAtpupreoi.nted Day) Act 201-.  P.114/2016.

  1. WITHDRAWAL OF LODGED PROPOSITIONS
  2. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
  3. MATTERS OF PRIVILEGE
  4. PETITIONS
  5. QUESTIONS
  1. Written Questions(attached)

9664  1.  The Minister for External Relations will table an answer to a question asked by the Deputy of

Grouville regarding Jersey's membership of the Common Travel Area.

9667  2.  H.M. Attorney General will table an answer to a question asked by the Connétable of Grouville

regarding the potential for different minimum wages to be applied.

9669  3.  The Minister for Social Security will table an answer to a question asked by the Deputy of

St. Ouen regarding employees on zero-hour contracts.

9670  4.  The Minister for Treasury and Resources will table an answer to a question asked by Deputy

M. Tadier of St. Brelade regarding the tax liability of official emoluments of the Lieutenant- Governor.

9671  5.  The Minister for Education will table an answer to a question asked by Deputy M. Tadier of

St. Brelade regarding fees for GCSE resits at Highlands College.

9672  6.  The Chief Minister will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier

regarding the granting of Entitled status on economic and social grounds.

9673  7.  The Minister for Treasury and Resources will table an answer to a question asked by Deputy

S.Y. Mézec of St. Helier regarding the proportion of earnings paid in GST.

9674  8.  The Chief Minister will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier

regarding visits undertaken by elected Members of the Government and officers of States Departments.

9675  9.  The Minister for Treasury and Resources will table an answer to a question asked by Deputy

S.Y. Mézec of St. Helier regarding the proportion of earners with a 0% rate of Income Tax.

9676  10. The Minister for Infrastructure will table an answer to a question asked by Deputy M. Tadier of

St. Brelade regarding the voting rights at general meetings of non-freehold tenants and leaseholders at Les Quennevais Park and Clos des Sables.

9677  11. 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 the allocation of the Strategic Reserve.

9678  12. The Minister for Health and Social Services will table an answer to a question asked by

Senator S.C. Ferguson regarding the employment of social workers.

9680  13. The Minister for Social Security will table an answer to a question asked by

Senator S.C. Ferguson regarding the access to benefits administered by the Department of people returning to Jersey.

9681  14. 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 funding of home care.

9682  15. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier

regarding the impact of Brexit on Jersey banks.

9683  16. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to a

question asked by Deputy M. Tadier of St. Brelade regarding the play park at Les Quennevais playing fields.

9684  17. The Minister for Education will table an answer to a question asked by Deputy M. Tadier

regarding means testing for access to the Nursery Education Fund.

9685  18. H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of

St. Helier regarding the accountability and liability of Centeniers.

9686  19. H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of

St. Helier regarding the employment and liability of Crown Advocates and Police Legal Advisors. 9687  20. H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of

St. Helier regarding measures taken by the Law Officers' Department to ensure the timeliness of

provision of information and records.

9688  21. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier

regarding the publication of a document to inform the public on whom summons may be served. 9689  22. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier

regarding the defence of defamatory statements.

  1. Oral Questions (120 minutes)

9697  1.   Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Education –

"Will the Minister advise what consultation or negotiations, if any, have taken place with teachers or their representatives in the last month over plans to reduce Newly Qualified Teachers' salaries, and will he state whether the profession has been supportive of those plans?"

The following question has been redirected from the Chief Minister to the Minister for Treasury and Resources –

* 2.   Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Treasury and Resources –

9692

"Further to the announcement that the post office at Five Oaks may be closed, what steps is the Minister taking to ensure that a post office is maintained in the area?"

9694  3.   Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Health and

Social Services –

"What meetings, if any, has the Minister had with the representatives of the workers who will be affected by his decision to cut funding for Family Nursing and Home Care?"

9695  4.   Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Health and

Social Services –

"How many applicants for Long-Term Care benefit have been processed since its introduction and with what average waiting time; how many applicants for both Long-Term Care and the new Income Support Personal Care Component 4 are expected on an annual basis, and what contingency plans, if any, are under consideration to ensure the proper level of funding is in place for 1st January 2017?"

9690  5.  Senator S.C. Ferguson will ask the following question of the Minister for Infrastructure –

"Has the Department exceeded its discharge limits for Total Nitrogen from the Bellozanne Sewage Treatment Plant into St. Aubin's Bay and, if so, by how much and for how long?"

9665  6.  The Deputy of Grouville will ask the following question of the Chief Minister –

"Are the conditions applied to the residential and employment status of High Net Worth individuals restricted to their place of residence, and are they permitted to purchase buy-to-let' properties and, if so, are they required to live in Jersey?"

9666  7.  The Connétable of Grouville will ask the following question of the Minister for Infrastructure –

"Is any type of fuel oil used in the Energy from Waste plant and, if so, why, and will the Minister confirm that no type of fuel oil is needed in the day-to-day running of the plant?"

9668  8.  The Connétable of St. John will ask the following question of the Minister for Housing –

"Will the Minister advise what definition of household' is applied to her work and that of the Department and, given that definition, how many households' there are in the Island?"

9696  9.   Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Treasury

and Resources –

"Will the Minister list the mechanisms that may be used to contribute to the tax gap' between tax revenue expected and that produced from business and personal taxation; how many times, and to what effect, have rulings under Article 134A of the Income Tax Law been made; and what further measures,  if  any,  are  envisaged  to  clamp  down  on  tax  practices  which  contribute  to  tax avoidance?"

9698  10. Deputy M. Tadier of St. Brelade will ask the following question of the Chairman of the Comité

des Connétable s –

"Is an Island-wide review of speed-limits currently taking place and, if so, what methods are recommended for Parishioners to submit suggestions to the review?"

9693  11. The   Deputy  of   Grouville  will  ask  the  following  question  of  the  Minister  for  Treasury  and

Resources –

"When is the Minister intending to reach a decision on whether Jersey will follow the U.K. in providing freedom of access to private pension pots?"

9691  12. Senator  S.C.  Ferguson  will  ask  the  following  question  of  the  Minister  for  Treasury  and

Resources –

"In instances where the Ports of Jersey negotiate a lease with a new tenant and that tenant is a company, has the Minister directed the Ports of Jersey only to undertake such negotiations where the identity of the owners and directors of that company is in the public domain and, if not, why not?"

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

1st question period – Minister for the Environment

2nd question period – Minister for Social Security

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

Public Elections: introduction of STV and AV.  P.88/2016. Lodged: 24th August 2016, Deputy M. Tadier of St. Brelade .

Public Elections: introduction of STV and AV (P.88/2016) – amendment.  P.88/2016. Lodged: 4th October 2016, Privileges and Procedures Committee.  Amd.

Draft Limited Liability Partnerships (Jersey) Law 201-.  P.95/2016. Lodged: 19th September 2016, Chief Minister.

Antarctic Act 2013: extension of sections 14, 15 and 16 to Jersey by Order in P.96/2016. Council.

Lodged: 20th September 2016, Chief Minister.

Public Elections: polling cards and accessibility of polling stations.  P.97/2016. Lodged: 22nd September 2016, Deputy S.Y. Mézec of St. Helier .

* Public Elections: polling cards and accessibility of polling stations (P.97/2016) –  P.97/2016. comments.  Com. Presented: 31st October 2016, Council of Ministers.

Jersey Police Complaints Authority: appointment of Chairman.  P.104/2016. Lodged: 5th October 2016, Minister for Home Affairs.

  1. ARRANGEMENT OF PUBLIC BUSINESS 15th November 2016

Draft Jersey Appointments Commission (Miscellaneous Amendments) (Jersey) P.50/2016. Law 201-.

Lodged: 19th May 2016, States Employment Board.

Bailiff  of  Jersey:  cessation  of  dual  role  and  the  appointment  of  an  elected P.54/2016. Speaker of the States.

Lodged: 24th May 2016,  Deputy M. Tadier of St. Brelade .

Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of  P.54/2016. the States (P.54/2016) – comments.  Com. Presented: 22nd June 2016, Privileges and Procedures Committee.

Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of  P.54/2016. the States (P.54/2016) – comments. Com.(2) Presented: 27th June 2016, H.M. Attorney General.

Draft Commissioner for Standards (Jersey) Law 201-.  P.87/2016. Lodged: 23rd August 2016, Privileges and Procedures Committee.

* Draft Commissioner for Standards (Jersey) Law 201- (P.87/2016): amendment.  P.87/2016. Lodged: 1st November 2016, Chief Minister.  Amd.

Zero-hours contracts.  P.92/2016. Lodged: 1st September 2016, Deputy S.Y. Mézec of St. Helier .

Draft Criminal Justice (Young Offenders) (Jersey) Law 2014 (Appointed Day) P.98/2016. Act 201-.

Lodged: 27th September 2016, Minister for Home Affairs.

Draft Criminal Justice (Young Offenders) (Consequential Provisions) (Jersey) P.99/2016. Regulations 201-.

Lodged: 27th September 2016, Minister for Home Affairs.

Draft  Criminal  Justice  (Young  Offenders)  (Placement  Panel)  (Jersey) P.100/2016. Regulations 201-.

Lodged: 27th September 2016, Minister for Home Affairs.

Draft  Financial  Services  Ombudsman  (Case-fee  and  Levy)  (Amendment) P.101/2016. (Jersey) Regulations 201-.

Lodged: 27th September 2016, Minister for Economic Development, Tourism, Sport

and Culture.

Draft Sea Fisheries (Inshore Waters) (Amendment No. 2) (Jersey) Regulations P.102/2016. 201-.

Lodged: 4th October 2016, Minister for the Environment.

Draft  Sea  Fisheries  (Inshore  Trawling,  Netting  and  Dredging)  (Amendment P.103/2016. No. 3) Jersey) Regulations 201-.

Lodged: 4th October 2016, Minister for the Environment.

Note:  Because  of  the  requirement  for  a  six-week  lodging  period  the  following proposition  cannot  be  debated  before  Wednesday 16th  November  2016.  If  other business on the Order Paper for the 15th November 2016 is completed before the 16th November, the Chief Minister has indicated that he will seek the agreement of the Assembly, under Standing Order 26(7) to reduce the lodging period in order that this matter can be debated at that meeting.

Draft Employment of States of Jersey Employees (Amendment No. 8) (Jersey) P.105/2016. Regulations 201-.

Lodged: 5th October 2016, States Employment Board.

Jersey Appointments Commission: re-appointment of Commissioner.  P.106/2016. Lodged: 17th October 2016, States Employment Board.

29th November 2016

Draft  International  Criminal  Court  (Immunities  and  Privileges)  (Jersey) P.72/2016. Regulations 201-.

Lodged: 22nd July 2016, Chief Minister.

Draft International Criminal Court (Remand Time) (Jersey) Regulations 201-.  P.73/2016. Lodged: 22nd July 2016, Chief Minister.

Ministerial Government: referendum.  P.94/2016. Lodged: 16th September 2016, Deputy J.A. Martin of St. Helier .

Draft Employment (Minimum Wage) (Amendment No. 13) (Jersey) Regulations P.107/2016. 201-.

Lodged: 17th October 2016, Minister for Social Security.

Draft United Nations Financial Sanctions (Jersey) Law 201-.  P.108/2016. Lodged: 18th October 2016, Minister for External Relations.

Note:  Because  of  the  requirement  for  a  six-week  lodging  period  the  following proposition  cannot  be  debated  before  Wednesday 30th  November  2016.  If  other business on the Order Paper for the 29th November 2016 is completed before the 30th November, the Chief Minister has indicated that he will seek the agreement of the Assembly, under Standing Order 26(7) to reduce the lodging period in order that this matter can be debated at that meeting.

Future Hospital: preferred site.  P.110/2016. Lodged: 19th October 2016, Council of Ministers.

Greville Bathe Fund: appointment of Jurat.  P.112/2016. Lodged: 25th October 2016, Minister for Treasury and Resources.

* Draft Road Works and Events (Jersey) Law 2016 (Appointed Day) Act 201-.  P.114/2016. Lodged: 1st November 2016, Minister for Infrastructure.

12th December 2016

Draft Budget Statement 2017.  P.109/2016. Lodged: 18th October 2016, Minister for Treasury and Resources.

Draft Taxation (Implementation) (International Tax Compliance) (Country-by- P.111/2016. Country Reporting: BEPS) (Jersey) Regulations 201-.

Lodged: 20th October 2016, Minister for External Relations.

* Draft Finance (2017 Budget) (Jersey) Law 201-.  P.113/2016. Lodged: 1st November 2016, Minister for Treasury and Resources.

DR. M. EGAN Greffier of the States

31st October 2016 Note –

In accordance with the meeting dates fixed for 2016 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 2nd and Thursday 3rd November 2016.  

An asterisk * in the left-hand margin denotes either a new item added to this Order Paper since the Order Paper was first published on 27th October 2016, or an item which has been altered or

moved.

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

R&O.112/2016.

Aircraft Registration (Nationality and Registration Marks) (Amendment) (Jersey) Order 2016.

This Order amends the Aircraft Registration (Nationality and Registration Marks) (Jersey) Order 2015 ("2015 Order") to include the letters I, O and S in the series of letters which may be combined to form the registration mark of an aircraft registered in Jersey and to prevent the registration mark from consisting solely of a combination of one or more of those letters. The 2015 Order is also amended to provide for the width of the letter I of the registration mark of an aircraft registered in Jersey to be one sixth of the height of the letter. This Order comes into force the on the day after it is made.

The Order was made on 28th October 2016 and came into force on 29th October 2016.