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STATES OF JERSEY ORDER PAPER
12th DECEMBER 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 Education two Ministers Chief Minister
Statements (if any) -----------------------------------------------
13th December Draft Budget Statement 2017 (P.109/2016)
9.30 a.m.
Draft Budget Statement 2017 (P.109/2016): amendment (P.109/2016 Amd.) (Duty on alcohol and fuel)
Draft Finance (2017 Budget) (Jersey) Law 201- (P.113/2016)
Jersey Police Complaints Authority: appointment of members (P.118/2016)
Arrangement of public business at subsequent sittings
The Assembly will convene at 9.30 a.m. on 13th December 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 14th and Thursday 15th December 2016 if necessary.
STATES OF JERSEY ORDER PAPER
12th DECEMBER 2016
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Animal Health (Rabies) (Jersey) Order 2016. R&O.122/2016. Minister for the Environment.
Control of Housing and Work (Guidance on Temporary Absence and Significant R&O.124/2016. Ownership) (Amendment) (Jersey) Order 2016.
Planning and Building (General Development) (Amendment No. 4) (Jersey) Order R&O.125/2016. 2016.
- DOCUMENTS PRESENTED
Complaints Board to the SEB's response.
Presented: 2nd December 2016, Privileges and Procedures Committee.
Water Management Plan 2017–2021. R.126/2016. Presented: 8th December 2016, Minister for the Environment.
- NOTIFICATION OF LODGED PROPOSITIONS
- WITHDRAWAL OF LODGED PROPOSITIONS
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
9744 1. The Chief Minister will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier
regarding the use of chartered aircraft.
9745 2. The Minister for Treasury and Resources will table an answer to a question asked by the
Deputy of St. Ouen regarding share transfer transactions involving commercial property.
9746 3. The Minister for Treasury and Resources will table an answer to a question asked by the
Deputy of St. Ouen regarding the rates of probate fees.
9747 4. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern
of St. Helier regarding her Department's benefit sanctions regime.
9749 5. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding changes to employment or human resources practices.
9750 6. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding utility tariffs in the Island.
9751 7. The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of
St. Helier regarding a breakdown of the housing to be delivered by Andium Homes.
- – Oral Questions (120 minutes)
9760 1. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Social
Security –
"Will the Minister advise what the current policy is applied to the housing component for households who are under-occupying and waiting to downsize in the social rented sector?"
9766 2. Senator S.C. Ferguson will ask the following question of the Chief Minister –
"Have any sanctions been applied to politicians and staff involved with the Alwitry case' and what steps, if any, have been taken to ensure that similar treatment of a staff member as occurred in this case does not arise in the future?"
9752 3. Deputy J.A. Martin of St. Helier will ask the following question of the Minister for Health and
Social Services –
"Given that up to £400 million will be borrowed in the form of a bond to pay for the new Hospital, if agreed by the Assembly, will the Minister provide the lowest, the middle, and the highest amounts to the nearest million it has been calculated the States will pay back in total over the proposed 40-year life of the bond?"
9756 4. Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister, as Chairman of the States Employment Board, explain why the Board has not accepted the findings of the States of Jersey Complaints Board in R.75/2016 and compensated Mr. Alwitry for breach of contract?"
9755 5. Deputy J.A. Hilton of St. Helier will ask the following question of the Minister for Health and
Social Services –
"Will the Minister inform members whether he has any plans to change the services currently being delivered at Sandybrook Residential Home and, if so, what the changes are and the timescale involved?"
9758 6. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social
Security –
"Will the Minister advise how many Income Support claims have been subject to the withholding of benefit paid through (a) sanctions, (b) overpayment charges, (c) Household Medical Account payments and (d) loan repayments on special payments; and will she provide the total sum withheld in the first quarter of 2016?"
9764 7. Deputy K.C. Lewis of St. Saviour will ask the following question of the Chief Minister –
"Since 1st January 2000, what decisions, if any, have been taken by any States body to monitor or survey the health of the population in relation to the impact of any ground water contaminated from the Airport?"
9753 8. The Deputy of St. Ouen will ask the following question of the Minister for Treasury and
Resources –
"Does the Minister share the stated objective of his predecessor in office, as confirmed to the Assembly on 17th June 2008, to extend the application of the Land Transaction Tax to share transfer transactions involving commercial property?"
9762 9. Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister –
"What targets, if any, does the Government have in place to ensure that Jersey plays its part in addressing the issue of climate change?"
9754 10. The Deputy of St. Ouen will ask the following question of the Minister for Social Security –
"Following the work of the Health Intelligence Unit in compiling the Jersey Health Profile 2016 and its finding that a lack of income is a factor affecting the health of individuals and communities, what assessment, if any, has the Minister made of that finding and what action, if any, will she take as a result?"
9767 11. Senator S.C. Ferguson will ask the following question of the Minister for Health and Social
Services –
"What has been the average weekly occupancy of Greenfields over the past 2 years; how many weeks, if any, have there been no offenders present; and what has been the average number of staff on site at any one time?"
9761 12. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Home
Affairs –
"Further to a statement issued by the Customs and Immigration Service on 11th June 2015 that they would be "commissioning an independent review of our dog training and working practices" following allegations of mistreatment in the local and national media, will the Minister confirm whether that review has taken place and, if so, who undertook it and what the key findings were?"
9765 13. Deputy K.C. Lewis of St. Saviour will ask the following question of the Chief Minister –
"Further to the proposal to increase the duty on both petrol and diesel road fuel in the 2017 budget, what effect does the Minister forecast that these increases will be likely to have on inflation?"
9759 14. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"What response does the Chief Minister plan to make to the finding of the States of Jersey Complaints Board in the Alwitry case' that the case was "one of the worst examples of a public authority disregarding fundamental principles of fairness and contract law that this Board has seen in the long collective experience of the 3 members"?"
9763 15. Deputy S.Y. Mézec of St. Helier will ask the following question of the Chairman of the Comité
des Connétable s –
"What consideration, if any, has the Comité given to the holding of Parish Roads Committee meetings in public?"
9757 16. Deputy M.R. Higgins will ask the following question of the Minister for Health and Social
Services –
"Will the Minister explain on what basis, if any, a request from a vulnerable person for access to records relating to them might be refused, and on what basis a States Member wishing to assist such a person would be prevented from attending meetings where complaints by that person were to be lodged with his Department's governance team?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Education
2nd question period – Chief Minister
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
(Consideration of Public Business to commence at 9.30 a.m. on Tuesday 13th December 2016.)
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.
Ratification of the Multilateral Competent Authority Agreement on the P.119/2016. Exchange of Country-By-Country Reports.
Lodged: 7th November 2016, Minister for External Relations.
- ARRANGEMENT OF PUBLIC BUSINESS 17th January 2017
Draft Employment of States of Jersey Employees (Amendment No. 8) (Jersey) P.105/2016. Regulations 201-.
Lodged: 5th October 2016, States Employment Board.
31st January 2017
20th June 2017
DR. M. EGAN Greffier of the States
7th December 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 14th and Thursday 15th December 2016.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.122/2016.
Animal Health (Rabies) (Jersey) Order 2016.
This Order provides the Minister for the Environment with the necessary powers to take action where rabies is suspected or found in Jersey.
Part 1 – Introduction
Article 1 contains the definitions and Article 2 provides for the extent of the Order's application, extending the definition of "animal" in the Animal Health (Jersey) Law 2016 to include all mammals except human beings.
Part 2 – Notification and suspicion of rabies
Article 3 specifies the action to be taken by a veterinary inspector following notification that rabies might be present. Under Article 4 where rabies is suspected a veterinary inspector has to serve a notice on the occupier of the premises concerned, following which the measures set out in Schedule 1 will apply. These cover detention and isolation of suspect animals, contact with those animals, movement and disposal of carcases, notification of euthanasia and death of suspect animals, removal of contaminated items, disinfection and signage display. Article 5 enables a veterinary inspector to designate premises where an animal may have had contact with a suspect animal as contact premises to which Schedule 1 then also applies.
Article 6 gives power for the Minister to declare a temporary controlled zone around suspect premises and the measures set out in Schedule 2 then apply.
Part 3 – Infected premises and infection zone
Article 7 enables the designation of premises as infected premises and Article 8 enables the Minister to declare an infection zone around the premises and to apply measures in Schedule 2 to the zone.
Part 4 – General
Article 9 applies the power to kill in the case of certain disease to Article 17 of the Animal Health (Jersey) Law 2016 to rabies and also gives power for the Minister to kill any wild animal to reduce the risk of rabies spreading. Article 10 provides for the compulsory vaccination of animals. Article 11 enables the Minister to place notices within and on the boundaries of an infection zone and on the boundaries of and on access to any land where wild animals are killed under Article 9.
Part 5 – Closing
Article 12 revokes the existing Order about rabies and Article 13 provides for the naming of the Order and its commencement. It will come into force on the same date of the coming into force of the remaining provisions of the Animal Health (Jersey) Law 2016 which are not in force on the date that this Order is made. These remaining provisions are intended to come into force 1st February 2017 by an Appointed Day Act.
The Order was made on 30th November 2016 and comes into force in accordance with Article 13. R&O.124/2016.
Control of Housing and Work (Guidance on Temporary Absence and Significant Ownership) (Amendment) (Jersey) Order 2016.
This Order provides that the guidance on temporary absence issued under Article 2(3) of the Control of Housing and Work (Jersey) Law 2012 ("2012 Law") which is contained in paragraphs 39 to 76 of the report that was presented to the States in R.125/2016 on 1st December 2016 comes into effect on 5th December 2016. Under Article 2(5) of the 2012 Law, the Minister must by Order specify the date that guidance issued under Article 2(3) takes effect. This guidance replaces the previous guidance that came into effect on 1st July 2013.
The Order was made on 2nd December 2016 and came into force on 5th December 2016.
R&O.125/2016.
Planning and Building (General Development) (Amendment No. 4) (Jersey) Order 2016.
This Order amends the lists of works in Schedule 1 to the Planning and Building (General Development) (Jersey) Order 2011 ("principal Order") in respect of which the Minister grants permission, subject to such exceptions, limitations and conditions applicable to that work as are specified in that Schedule.
Article 1 inserts definitions of words that are introduced into the principal Order by this Order.
Article 2 amends Schedule 1 to the principal Order so that the Minister permits the following development, subject to the exceptions limitations and conditions specified in respect of the development –
- the replacement of a conservatory roof (Article 2(a));
- the installation of a retractable awning on a dwelling-house or building containing one or more flats (except when the installation is on a listed building ("LBP") or a building registered as a potential listed building ("pLBP") or on a principal elevation, on the condition that it is installed no higher than at ground floor level (Article 2(a) and 2(d), in so far is it inserts new Class AA in Part 2);
- the installation of a security camera on a building (except when the installation is on a LBP or pLBP), on the condition that its field of vision so far as practicable does not extend beyond the boundaries of the land where it is sited (Article 2(f) in so far is it inserts new Class BA in Part 3);
- the installation of a retractable awning on a building that is day care accommodation or a school (except when the installation is on a LBP or pLBP), on the condition that it is installed no higher than at ground floor level (Article 2(f), in respect of new Class BB in Part 3);
- the installation, alteration or replacement of gutters, hoppers, drains or other rainwater goods, or verges or facia boards, on a building (except when the installation is on a LBP or pLBP) (Article 2(k), in so far as it inserts new Class L of Part 3);
- the maintenance or replacement of an existing driveway, turning area, car park, patio, pathway, decked area or other hardstanding or their conversion to a lawn or planting area within the curtilage of any building (except when the building is or forms part of a LBP or pLBP or is in a conservation area) (Article 2(k), in so far as it inserts new Class M in Part 3);
- the installation of an electric meter box on a building (except when the installation is on a LBP or pLBP) (Article 2(k), in respect of new Class N in Part 3).
This Order also amends provisions concerning works that are already listed as permitted development –
- it does not permit the insertion of a gable window onto a dwelling-house (Article 2(b));
- it provides that any skylight that faces an adjoining residential property, and that is installed closer than 10 metres from the boundary of that residential property, must have the lowest part of its frame at least 1.7 metres above the finished floor level of the internal roof space; and permits a skylight to be installed on any elevation (but they are not permitted development if they are on a LBP or pLBP) (Article 2(b), 2(c) and 2(h)(iii));
- it permits satellite dishes be installed if they have a diameter of no more than 1.2 metres (Article 2(e));
- it amends what operations may be carried out within the boundaries of a private way for the purpose of improving it (Article 2(g));
- it permits the re-rendering of a wall, up to a maximum additional wall thickness of 15 centimetres, and does not permit work that creates or widens a means of access to a road (Article 2(h));
- it does not permit the construction of shelters for livestock where the work requires the construction or extension of a hardstanding or other solid foundation, nor the construction of such shelters if they are more than 2.5 metres in height. Where such shelters are 1.5 metres or more in height but no more than 2.5 metres in height, their area must be no more than 5 square metres and there must be no more than one such shelter per 5 vergées. (Article 2(i)).
- it no longer requires work for the repair or maintenance of a building to be completed using materials of exactly the same type as they are replacing (Article 2(j));
- it adds a condition to be complied with when the development is the installation of a ground or air-source heating system, so that when the system is on agricultural land, every pipe must be positioned at a depth of no less than one metre below ground level and any top soil that is removed for the purpose of the installation must be re-instated (Article 2(l));
- it amends the list of temporary works in connection with the operation of a public service that are permitted (Article 2(m));
- it permits the carrying out by the provider of telecommunications services to the public of work necessary to lay, place, inspect, repair or renew a cable or other apparatus for the provision of that service (Article 2(n)).
Article 3 gives the title of this Order and provides for it to come into force on 30th December 2016. The Order was made on 5th December 2016 and comes into force on 30th December 2016.
WRITTEN QUESTIONS (See Item I(a))
- The Chief Minister will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Will the Chief Minister detail all occasions since he took office in 2011 on which the States has chartered a private aircraft to transport civil servants, politicians or political guests of the States (excluding any trips made for emergency medical reasons), including the date, the cost and who was on board?"
- The Minister for Treasury and Resources will table an answer to the following question asked by the Deputy of St. Ouen –
"Following the adoption by the States Assembly of the Taxation (Land Transactions)(Jersey) Law 2009, what work, if any, has been carried out by the Department of Treasury and Resources with a view to extending the provisions of that law to share transfer transactions involving commercial property?"
- The Minister for Treasury and Resources will table an answer to the following question asked by the Deputy of St. Ouen –
"What changes, if any, to the rates of probate fees charged under Item 9 of Part 3 of the Schedule to the Stamp Duty and Fees (Jersey) Law 1998 have been made since that law came into force, and what were the reasons for such changes?"
- The Minister for Social Security will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"What assessment has the Minister made of the applicability to Jersey of the National Audit Office's report in the U.K. entitled Benefit Sanctions', published on 30th November 2016, that the Department for Work and Pensions is not achieving value for money in its use of sanctions and that it should support better understanding of the impact of sanctions and use data to track that impact on the likelihood, duration and quality of employment?
What data or evidence, if any, does the Minister have to show that her Department's own sanctions regime is applied in a consistent and accurate manner?
Will the Minister advise how many sanctions were implemented in 2015, with what duration and for what reason, and further advise what total sum was withheld from benefits and how much was paid in hardship claims?"
- The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Given the findings of the States of Jersey Complaints Board contained in R.75/2016 that the process adopted by the States Employment Board in the case of the dismissal of Mr. Alwitry could "never be considered acceptable, reasonable, just or fair", what changes to employment or human resources practices, if any, will the Chief Minister adopt across all Departments to ensure that the requirements of procedural fairness are met; and, if not, why not?"
- The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"In the light of guarantees given by some major utility companies in the U.K. over the freezing of winter fuel prices, what engagement, if any, has the Minister had with local utility companies (and specifically suppliers of gas and domestic heating oil) over the possible freezing of, or reduction in, tariffs in the Island; and if none, why has there been no such engagement?"
- The Minister for Housing will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Will the Minister give a detailed breakdown of the 1,000 homes that Andium Homes intends to deliver over the next 5 years, in the following terms?
- refurbishments and new builds;
- social housing and affordable housing; and
- housing for rental and housing for purchase?"
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2017
1st Session 2017
January 17th Health and Social Services Economic Development, Tourism,
Sport and Culture
January 31st Housing Chief Minister
February 14th Infrastructure Environment
March 14th External Relations Chief Minister
March 28th Social Security Home Affairs
April 18th Treasury and Resources Chief Minister
May 2nd Economic Development, Tourism, Health and Social Services
Sport and Culture
May 23rd Education Chief Minister
June 6th Housing Infrastructure
June 20th Environment Chief Minister
July 4th External Relations Social Security
July 18th Home Affairs Chief Minister
2nd Session 2017
September 12th Treasury and Resources Education
September 26th Health and Social Services Chief Minister October 10th Economic Development, Tourism, Housing
Sport and Culture
October 31st Infrastructure Chief Minister November 14th Environment External Relations November 28th Social Security Chief Minister December 12th Home Affairs Treasury and Resources