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STATES OF JERSEY ORDER PAPER
26th SEPTEMBER 2016
SUMMARY
2.30 p.m. Communications by the Presiding Officer and other announcements Appointments, matters of privilege, petitions (if any)
Approx. 2.40 p.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 Economic Development, Tourism, Sport and Culture two Ministers Minister for Housing
Statements (if any)
-----------------------------------------------
27th September Draft Medium Term Financial Plan Addition for 2017 – 2019 9.30 a.m. (P.68/2016)
Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016) – seventh amendment (P.68/2016 Amd.(7)) (Jèrriais) Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016) – eighth amendment (P.68/2016 Amd.(8)) (Vacancy Rate)
Draft Health Insurance Fund (Miscellaneous Provisions) (Amendment No. 2) (Jersey) Law 201- (P.82/2016)
Draft Health Insurance Fund (Miscellaneous Provisions) (Amendment No. 2) (Jersey) Law 201- (P.82/2016): amendment (P.82/2016Amd.)
Draft Food Costs Bonus (Jersey) Regulations 201- (P.83/2016)
Draft Income Support (Special Payments) (Christmas Bonus) (Jersey) Regulations 201- (P.84/2016)
Draft Social Security (Christmas Bonus) (Jersey) Regulations 201- (P.85/2016)
Arrangement of public business at subsequent sittings
The Assembly will convene at 9.30 a.m. on 27th September 2016 to consider public business. 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 28th and Thursday 29th September 2016 if necessary.
STATES OF JERSEY ORDER PAPER
26th SEPTEMBER 2016 CONSOLIDATED
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Motor Traffic (Public Service Vehicles (Conditions of Fitness)) (Amendment R&O.94/2016. No. 2) (Jersey) Order 2016.
* Proceeds of Crime (Duties of Non-Professional Trustees) (Jersey) Order 2016. R&O.100/2016 Chief Minister.
* Proc(Exemeedspti oonf C) (rJeimrsee (ySuper) Ordevri 2016.sory B odies) (Virtual Currency Exchange Business) R&O.101/2016 Chief Minister.
* Money Laundering (Amendment No. 9) (Jersey) Order 2016. R&O.102/2016 Chief Minister.
- DOCUMENTS PRESENTED
* Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016) – P.68/2016. comments. Com.(2) Presented: 23rd September 2016, Economic Affairs Scrutiny Panel.
* Dcomrafmt Meentdis. um Term Financial Plan Addition for 2017 – 2019 (P.68/2016) – P.68/201Com.(3)6. Presented: 23rd September 2016, Health and Social Security Scrutiny Panel.
The Environment in Figures: A report on the condition of Jersey's environment R.92/2016. 2011–2015.
Presented: 16th September 2016, Minister for the Environment.
Jersey Innovation Fund: Annual Report 2015. R.93/2016. Presented: 21st September 2016, Chief Minister.
Andium Homes Ltd.: appointment of Tenant Representative Non-Executive R.94/2016. Director.
Presented: 21st September 2016, Minister for Treasury and Resources.
Management Information in Education. R.95/2016. Presented: 22nd September 2016, Comptroller and Auditor General.
* StaPretseesnt Aesd:se2m6tblh Sy Aeptnnualember R 2016, eport 2015.Privi leges and Procedures Committee. R.97/2016.
* Je31strsey D Safecemetbery C 2015.ouncil : Report and Audited Financial Statements for the year ended R.98/2016. Presented: 26th September 2016.
Minister for Social Security.
* Criminal Injuries Compensation Board: Report and Accounts for 2015. R.99/2016. Presented: 26th September 2016.
Minister for Home Affairs.
* CPreorseporntated:e Ser 23rvd Sicesept Scemrubertiny 2016. Panel – MTFP Addition for 2017–19. S.R.5/2016. Corporate Services Scrutiny Panel.
- NOTIFICATION OF LODGED PROPOSITIONS
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.
- WITHDRAWAL OF LODGED PROPOSITIONS
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
9605 1. The Minister for Health and Social Services will table an answer to a question asked by Deputy
A.D. Lewis of St. Helier regarding the treatment of stroke patients.
9606 2. The Minister for the Environment will table an answer to a question asked by Deputy J.M. Maçon
of St. Saviour regarding planning applications for urban developments.
9607 3. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to a
question asked by Deputy J.M. Maçon of St. Saviour regarding the reduction of the administrative burden on the Island's businesses.
9608 4. 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 pilot study to determine the feasibility of establishing a central electoral register.
9609 5. The Minister for Infrastructure will table an answer to a question asked by Deputy J.M. Maçon of
St. Saviour regarding improvement works at the junction of Les Varines and Longueville Road. 9610 6. The Minister for Treasury and Resources will table an answer to a question asked by Deputy J.M.
Maçon of St. Saviour of the potential revival of the Starter Home Deposit Loan Scheme.
9611 7. The Chairman of the Privileges and Procedures Committee will table an answer to a question
asked by the Deputy of St. John regarding the status of propositions approved by the States Assembly.
9612 8. The Minister for Treasury and Resources will table an answer to a question asked by the Deputy
of St. John regarding work on the Income Support and Tax systems to provide incentives for people to return to work.
9613 9. The Minister for Treasury and Resources will table an answer to a question asked by the Deputy
of St. John regarding potential problems regarding the prior year basis of Income Tax payment for taxpayers nearing retirement.
9614 10. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding pay provisions contained in the MTFP Addition.
9615 11. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern
of St. Helier regarding the potential impact of revised economic assumptions on the delivery of efficiency savings on return to work schemes.
9616 12. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern
of St. Helier regarding the Department's use of agency workers.
9618 13. The Minister for Health and Social Services will table an answer to a question asked by Deputy
G.P. Southern of St. Helier regarding plans contained in the MTFP Addition for departmental user-pays charges.
9619 14. The Minister for Treasury and Resources will table an answer to a question asked by Deputy G.P.
Southern of St. Helier regarding the terminology of the proposed health charge.
- – Oral Questions (120 minutes)
* Deputy M.R. Higgins of St. Helier 's two oral questions were deferred from the meeting on 13th September 2016 due to illness and have been added to the listing for this meeting. The oral question from Deputy R. Labey of St. Helier to the Minister for External Relations which was listed on the Principal Order Paper has been redirected and deferred at the Chief Minister's request and will appear on the Order Paper on 11th October 2016. The questions for this meeting have therefore been renumbered accordingly.
* 1. Dand Resoeputy M.R. urcesH–i ggins of St. Helier will ask the following question of the Minister for Treasury 9595
"In what ways is the Jersey Taxation system fair and equitable and what proposals, if any, does the Minister plan to bring to the Assembly to improve the current system and when?"
9622 2. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social
Security –
"How many people aged over 65 depend on a partial or full States pension combined with Income Support for their total income, how many such people in receipt of a partial or full States pension combined with Income Support also have a private or occupational pension, and what measures, if any, is the Department considering in conjunction with the Treasury and Resources Department to increase the availability of occupational pensions?"
9626 3. Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Minister for
Infrastructure –
"Following the recent fatal accident near Millennium Park, what measures will the Minister take across the Island to improve road safety for children and other pedestrians, particularly around parks and schools?"
9617 4. The Deputy of Grouville will ask the following question of the Chief Minister –
"When will grandfathered' rights be given to European Union nationals living in the Island, as the Chief Minister announced post-Brexit, and under what criteria?"
9621 5. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Education –
"What increases in fees, if any, have occurred in the last year for people wishing to re-sit GCSEs, when did those increases take effect, and, if there were such increases, what consultation and assessment, if any, was undertaken in respect of the potential impact on the uptake of re-sits?"
9628 6. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Social
Security –
"What support, if any, is available for Islanders below the age of 25 who, because of suffering from a mental illness, are not able to work and have not been able to work since leaving education and have therefore not paid any Social Security contributions?"
9625 7. Deputy R. Labey of St. Helier will ask the following question of the Minister for Health and
Social Services –
"Does the Minister receive regular information on how much income the Department's consultants make from private practice, and can the Minister advise who pays for the administrative support provided to those consultants, such as patient contact and the booking of clinics and theatres?"
9630 8. The Connétable of St. Helier will ask the following question of the Chief Minister –
"What assessment, if any, will the Council of Ministers undertake of the report The Environment in Figures: A report on the condition of Jersey's environment 2011-2015' (R.92/2016) and the Council's fulfilment of the environmental goals set out in the Strategic Plan, and what action, if any, will the Chief Minister take to ensure any improvements required are made in order to achieve those goals?"
* 9. Deputy M. R. Higgins of St. Helier will ask the following question of the Chief Minister –
9596 "Will the Minister advise whether the Business Tendency Survey has been discontinued and if so,
for what reasons this has been done, whether the Fiscal Policy Panel agreed with the decision not to collect this economic data, and explain how equivalent economic data will be gathered?"
9629 10. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Social
Security –
"Given the conclusion of Living on Low Income' (S.R.4/2016) that the decision to abolish the single parent component of Income Support was "unsound", what measures, if any, has the Minister taken to improve the decision-making processes with which she is involved?"
9623 11. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister inform members whether the States Employment Board has refused to accept arbitration to resolve the 2015 / 2016 pay dispute with civil service representatives and, if so, explain why, and will he further state what action, if any, will be taken to ensure that a productive process for pay talks is put in place for 2017?"
9620 12. The Deputy of Grouville will ask the following question of the Chief Minister –
"Given the Chief Minister's announcement that the rights of EU Nationals currently resident in the Island would be grandfathered', what reciprocal rights, if any, will the Chief Minister seek at post-Brexit negotiations for Jersey residents, especially those Islanders with a stamp in their passports denying them an automatic right to work in the European Union?"
9631 13. The Connétable of St. Helier will ask the following question of the Minister for the
Environment –
"Given the Minister's statement in the report The Environment in Figures: A report on the condition of Jersey's environment 2011-2015' (R.92/2016) that "it is a matter of concern that this report is not more positive", what steps, if any, will the Minister take to improve levels of environmental protection and enhancement in the remaining period of this Council of Ministers?"
9632 14. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Social
Security –
"Will the Minister advise Members of the average time taken for redeterminations and appeals against decisions made by the Department to be completed, and will she state what is considered to be a reasonable time frame for redeterminations and appeals to be addressed?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Economic Development, Tourism, Sport and Culture 2nd question period – Minister for Housing
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Draft Medium Term Financial Plan Addition for 2017 – 2019. P.68/2016. Lodged: 30th June 2016, Council of Ministers.
Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016): addendum P.68/2016. (Annex to the MTFP Addition). Add. Presented: 5th July 2016, Council of Ministers.
Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016): second P.68/2016. addendum (Distributional analysis of the MTFP proposals). Add.(2) Presented: 5th July 2016, Council of Ministers.
Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016): third P.68/2016. addendum (IFG Income Tax Forecast note – May 2016). Add.(3) Presented: 5th July 2016, Council of Ministers.
* Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016) – P.68/2016. comments. Com.(2) Presented: 23rd September 2016, Economic Affairs Scrutiny Panel.
* Dcomrafmt Meentdis. um Term Financial Plan Addition for 2017 – 2019 (P.68/2016) – P.68/201Com.(3)6. Presented: 23rd September 2016, Health and Social Security Scrutiny Panel.
Draft Health Insurance Fund (Miscellaneous Provisions) (Amendment No. 2) P.82/2016. (Jersey) Law 201-.
Lodged: 16th August 2016, Minister for Social Security.
Draft Income Support (Special Payments) (Christmas Bonus) (Jersey) P.84/2016. Regulations 201-.
Lodged: 16th August 2016, Minister for Social Security.
- ARRANGEMENT OF PUBLIC BUSINESS 11th October 2016
Ratification of the Agreement between the Government of Jersey and the P.90/2016. Government of the Republic of Chile for the Exchange of Information on Tax
Lodged: 30th August 2016, Minister for External Relations.
Ratification of the Agreement between the Government of Jersey and the P.91/2016. Government of the Republic of Cyprus for the Avoidance of Double Taxation
and the Prevention of Fiscal Evasion with respect to taxes on income.
Lodged: 30th August 2016, Minister for External Relations.
1st November 2016
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.
Ministerial Government: referendum. P.94/2016. Lodged: 16th September 2016, Deputy J.A. Martin of St. Helier .
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.
15th November 2016
Draft Jersey Appointments Commission (Miscellaneous Amendments) (Jersey) P.50/2016. Law 201-.
Lodged: 19th May 2016, States Employment Board.
Zero-hours contracts. P.92/2016. Lodged: 1st September 2016, Deputy S.Y. Mézec of St. Helier .
29th November 2016
Draft International Criminal Court (Immunities and Privileges) (Jersey) P.72/2016. Regulations 201-.
Lodged: 22nd July 2016, Chief Minister.
DR. M. EGAN Greffier of the States
23rd September 2016 Note –
In accordance with the meeting dates fixed for 2016 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Tuesday 27th, Wednesday 28th and Thursday 29th September 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 21st September 2016, or an item which has been altered or
moved.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.100/2016.
This Order applies to persons acting as trustees of express trusts, otherwise than in a professional capacity (Article 2), to impose upon them certain duties as to customer due diligence and record-keeping under the Money Laundering (Jersey) Order 2008 (by Article 1, the "Money Laundering Order"), whilst not bringing them within the full supervisory regime of that Order. The specific provisions of the Money Laundering Order, and the necessary modifications with which they apply, are set out in Article 3.
Article 4 makes minor and consequential amendments to the Money Laundering Order. Article 5 is a transitional provision giving a period of 6 months from the date this Order comes into force, in which persons already acting as trustees of express trusts at that date must apply identification measures to those trusts.
Article 6 gives the title by which this Order may be cited, and provides for it to come into force immediately following the commencement of the Proceeds of Crime (Miscellaneous Amendments) (Jersey) Regulations 2016 (which in turn are to be commenced on 26th September 2016 by an Appointed Day Act.) Those Regulations add acting as trustee of an express trust to the categories of financial services business regulated by the Money Laundering Order and set out in Part B of Schedule 2 to the Proceeds of Crime (Jersey) Law 1999.
The Order was made on 23rd September 2016 and comes into force on 26th September 2016. R&O.101/2016.
This Order disapplies Parts 3 and 4 of the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 ("2008 Law"), which contain amongst other matters requirements as to registration (with a supervisory body) of a specified Schedule 2 business under the 2008 Law, where such a business is a virtual currency exchange business with a turnover of less than £150,000 in a calendar year which fulfils the conditions as to notification in Article 2. "Turnover" for this purpose is defined by paragraph (2) of Article 1, which is the interpretation provision. A virtual currency exchange business is defined in paragraph 9 of Part 2 of Schedule B to the Proceeds of Crime (Jersey) Law 1999.
Although such a business is thus exempt from registration, the effect of Article 3 is that the provisions of the 2008 Law relating to supervision continue to apply in respect of the business.
Article 4 makes transitional provision for the case where turnover first exceeds £150,000, so that a person carrying on such a business will not be criminally liable if, within a period of 3 months beginning with the day on which the turnover reaches or exceeds that figure, the person makes an application for registration under the 2008 Law.
Article 5 gives the title by which this Order may be cited and provides for this Order to come into force on 26th September 2016.
The Order was made on 23rd September 2016 and comes into force on 26th September 2016. R&O.102/2016.
Article 1 of this Order amends Article 4 of the Money Laundering (Jersey) Order 2008 ("MLO"), to apply the one-off transaction threshold of 1,000 or more in relation to transactions carried out in the course of a business of providing the service of virtual currency exchange. (A one-off transaction above that threshold triggers the identification measures required as part of the customer due diligence regime imposed by the MLO.) The business of providing the service of virtual currency exchange is introduced into the categories of financial services business regulated by the MLO, in Part 2 of Schedule B to the Proceeds of Crime (Jersey) Law 1999, by the Proceeds of Crime (Miscellaneous Amendments) (Jersey) Regulations 2016, and Article 2 (which also gives the title by which this Order may be cited) provides for this Order to come into force immediately following the commencement of those Regulations (which in turn are to be commenced on 26th September 2016 by an Appointed Day Act.).
The Order was made on 23rd September 2016 and comes into force on 26th September 2016.