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STATES OF JERSEY ORDER PAPER
13th SEPTEMBER 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 Health and Social Services two Ministers Chief Minister
Statements (if any)
The Chief Minister will make a statement regarding Brexit.
The Chairman of the Health and Social Security Scrutiny Panel will make a statement regarding its report entitled Living on a low income' (SR.4/2016).
Approx. Draft Former La Motte Street School (Validation and Abrogation of
12.30 p.m. Covenants) (Jersey) Law 201- (P.9/2016)
Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of the States (P.54/2016)
Draft Air Navigation (Amendment) (Jersey) Law 201- (P.64/2016)
Draft Policing of Parks (Amendment No. 6) (Jersey) Regulations 201- (P.66/2016)
Jersey Gambling Commission: appointment of Chairman (P.70/2016)
Draft Criminal Justice (Miscellaneous Provisions) (Jersey) Regulations 201- (P.74/2016)
Draft Criminal Justice (Miscellaneous Provisions) (Jersey) Law 2016 (Appointed Day) Act 201- (P.75/2016)
Draft Children and Adoption (Amendment) (Jersey) Law 201- (P.76/2016)
Immigration Act 2014 (Fees): extension of certain sections to Jersey; and repeal of an associated part of the Immigration and Asylum Act 1999 (Jersey) Order 2003 (P.77/2016)
Draft Mental Health (Jersey) Law 201- (P.78/2016)
Draft Capacity and Self-Determination (Jersey) Law 201- (P.79/2016)
Comptroller and Auditor General Board of Governance: appointment of members (P.80/2016)
Draft Proceeds of Crime (Miscellaneous Amendments) (Jersey) Regulations 2016 (Appointed Day) Act 201- (P.86/2016)
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 14th and Thursday 15th 2016 if necessary.
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Aircraft Registration (Amendment of Law) (Jersey) Order 2016. R&O.73/2016. Minister for Economic Development, Tourism, Sport and Culture.
Children's Property and Tuteurs (Transitional Provisions) (Jersey) Order 2016. R&O.79/2016. Chief Minister.
EU Legislation (Sanctions – Democratic Republic of the Congo) (Amendment R&O.80/2016. No. 2) (Jersey) Order 2016.
Minister for External Relations.
Battle of Flowers (Jersey) Order 2016. R&O.82/2016. Minister for Infrastructure.
Gorey Fête (Jersey) Order 2016. R&O.83/2016. Minister for Infrastructure.
Road Racing (Festival of Speed) (Jersey) Order 2016. R&O.84/2016. Minister for Infrastructure.
Road Traffic ( St. Brelade ) (Amendment No. 19) (Jersey) Order 2016. R&O.85/2016. Minister for Infrastructure.
Road Traffic ( St. Lawrence ) (Amendment No. 24) (Jersey) Order 2016. R&O.86/2016. Minister for Infrastructure.
Taxation (Double Taxation) (Date in Force (Rwanda)) (Jersey) Order 2016. R&O.87/2016. Minister for External Relations.
EU Legislation (Sanctions – North Korea) (Amendment No. 3) (Jersey) Order R&O.88/2016. 2016.
Minister for External Relations.
Banking Business (General Provisions) (Amendment No. 4) (Jersey) Order 2016. R&O.89/2016. Chief Minister.
Proceeds of Crime (Supervisory Bodies) (Transitional Provision) (No. 2) (Jersey) R&O.90/2016. Order 2016.
Chief Minister.
Control of Borrowing (Amendment No. 17) (Jersey) Order 2016. R&O.91/2016. Chief Minister.
Sea Fisheries (Spider Crabs – Restrictions on Fishing) (Jersey) Order 2016. R&O.92/2016. Minister for the Environment.
Jersey International Air Display (Jersey) Order 2016. R&O.93/2016. Minister for Infrastructure.
- DOCUMENTS PRESENTED OR LAID
Draft Former La Motte Street School (Validation and Abrogation of Covenants) P.9/2016. (Jersey) Law 201- (P.9/2016): addendum to report. Add. Presented: 31st August 2016, Minister for Infrastructure. (re-issue)
Land Transactions under Standing Order 168(3) – R.79/2016.
- Ann Place, St. Helier – proposed transfer of ownership of road to the Parish of
St. Helier ;
- Le Boulevard, St. Aubin, St. Brelade – proposed transfer of ownership of road
to the Parish of St. Brelade .
Presented: 14th July 2016, Minister for Infrastructure.
Health and Social Services: Acute Service Strategy 2015 – 2024. R.80/2016. Presented: 21st July 2016, Minister for Health and Social Services.
States of Jersey Investment Strategies (July 2016). R.81/2016. Presented: 26th July 2016, Minister for Treasury and Resources.
States of Jersey Law 2005: delegation of functions – Housing – Residential R.82/2016. Tenancy (Jersey) Law 2011 – revised delegations July 2016.
Presented: 28th July 2016, Minister for Housing.
Jersey Gambling Commission: 2015 Annual Report and Accounts. R.83/2016. Presented: 28th July 2016, Minister for Economic Development, Tourism, Sport
and Culture.
Jersey Bank Depositors Compensation Board: Annual Report and Audited R.84/2016. Financial Statements for the year ended 31st January 2016.
Presented: 1st August 2016, Chief Minister.
Access to Justice Review: Third Interim Report. R.85/2016. Presented: 1st August 2016, Chief Minister.
Land Transactions under Standing Order 168(3) – R.86/2016.
- 9–10 Beresford Street (Fish) Market, Beresford Street, St. Helier – lease;
- La Route du Nord Loop Road' and land, St. John – lease of land to the Jersey
Kart and Motor Club (Guarantee) Ltd.
Presented: 4th August 2016, Minister for Infrastructure.
States of Jersey Law 2005: delegation of functions – Treasury and Resources – R.87/2016. Assistant Minister – August 2016.
Presented: 4th August 2016, Minister for Treasury and Resources.
Land Transactions under Standing Order 168(3) – R.88/2016.
- Fort Regent Signal Station Hut, St. Helier – lease;
- car compound site located to the rear of the Abattoir, La Collette, St. Helier –
lease out and sub-lease in.
Presented: 16th August 2016, Minister for Infrastructure.
Land Transactions under Standing Order 168(3) – sale of land at Grouville R.89/2016. Primary School to the owners of the property known as "LEtoile".
Presented: 22nd August 2016, Minister for Infrastructure.
Land Transactions under Standing Order 168(3) – Astral House, 74 Great Union R.90/2016. Road, St. Helier – sale.
Presented: 6th September 2016, Minister for Infrastructure.
Living on Low Income. S.R.4/2016 Presented: 7th September 2016, Health and Social Security Scrutiny Panel
Nursery Education Fund (S.R.2/2016): response of the Minister for Education. S.R.2/2016. Presented: 2nd August 2016, Minister for Education. Res.
Zero-Hour Contracts (S.R.3/2016): response of the Minister for Social Security. S.R.3/2016. Presented: 24th August 2016, Minister for Social Security. Res.
- NOTIFICATION OF LODGED PROPOSITIONS
Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016) – P.68/2016. amendment. Amd. Lodged: 30th August 2016. (re-issue) Deputy G.P. Southern of St. Helier .
Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016) – P.68/2016. second amendment. Amd.(2) Lodged: 30th August 2016. (re-issue 2) Deputy G.P. Southern of St. Helier .
Jersey Gambling Commission: appointment of Chairman. P.70/2016. Lodged: 15th July 2016, Minister for Economic Development, Tourism, Sport and
Culture.
Draft International Criminal Court (Enforcement of Fines, Forfeiture and P.71/2016. Reparation Orders) (Jersey) Regulations 201-.
Lodged: 22nd July 2016, Chief Minister.
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.
Draft Criminal Justice (Miscellaneous Provisions) (Jersey) Regulations 201-. P.74/2016. Lodged: 26th July 2016, Chief Minister.
Draft Criminal Justice (Miscellaneous Provisions) (Jersey) Law 2016 (Appointed P.75/2016. Day) Act 201-.
Lodged: 26th July 2016, Chief Minister.
Draft Children and Adoption (Amendment) (Jersey) Law 201-. P.76/2016. Lodged: 26th July 2016, Minister for Health and Social Services.
Immigration Act 2014 (Fees): extension of certain sections to Jersey; and repeal of P.77/2016. an associated part of the Immigration and Asylum Act 1999 (Jersey) Order 2003.
Lodged: 29th July 2016, Chief Minister.
Draft Mental Health (Jersey) Law 201-. P.78/2016. Lodged: 2nd August 2016, Minister for Health and Social Services.
Draft Capacity and Self-Determination (Jersey) Law 201-. P.79/2016. Lodged: 2nd August 2016, Minister for Health and Social Services.
Comptroller and Auditor General Board of Governance: appointment of members. P.80/2016. Lodged: 8th August 2016, Chief Minister.
Draft Price Indicators (Amendment No. 2) (Jersey) Regulations 201-. P.81/2016. Lodged: 8th August 2016, Minister for Economic Development, Tourism, Sport
and Culture.
Draft Health Insurance Fund (Miscellaneous Provisions) (Amendment No. 2) P.82/2016. (Jersey) Law 201-.
Lodged: 16th August 2016, Minister for Social Security.
Draft Food Costs Bonus (Jersey) Regulations 201-. P.83/2016. Lodged: 16th August 2016, Minister for Social Security.
Draft Income Support (Special Payments) (Christmas Bonus) (Jersey) Regulations P.84/2016. 201-.
Lodged: 16th August 2016, Minister for Social Security.
Draft Social Security (Christmas Bonus) (Jersey) Regulations 201-. P.85/2016. Lodged: 16th August 2016.
Minister for Social Security.
Draft Proceeds of Crime (Miscellaneous Amendments) (Jersey) Regulations 2016 P.86/2016. (Appointed Day) Act 201-.
Lodged: 22nd August 2016, Chief Minister.
Draft Commissioner for Standards (Jersey) Law 201-. P.87/2016. Lodged: 23rd August 2016, Privileges and Procedures Committee.
Public Elections: introduction of STV and AV. P.88/2016. Lodged: 24th August 2016, Deputy M. Tadier of St. Brelade .
Draft Prison (Amendment No. 7) (Jersey) Law 201-. P.89/2016. Lodged: 30th August 2016, Minister for Home Affairs.
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
Matters.
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.
Zero-hours contracts. P.92/2016. Lodged: 1st September 2016, Deputy S.Y. Mézec of St. Helier .
States of Jersey Development Company Limited: appointment of Non-Executive P.93/2016. Directors.
Lodged: 7th September 2016, Minister for Treasury and Resources.
- WITHDRAWAL OF LODGED PROPOSITIONS
In accordance with Standing Order 34(1), the proposer of the following proposition lodged au Greffe' has informed the Greffier of the States that it is to be withdrawn –
Draft International Criminal Court (Enforcement of Fines, Forfeiture and P.71/2016. Reparation Orders) (Jersey) Regulations 201-.
Lodged: 22nd July 2016, Chief Minister.
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions
(Written questions tabled in advance of this sitting are summarised below. The entire text of the question has been published at the end of the Order Paper and when the answer to each question has been received it will be published in a separate document and on statesassembly.gov.je.)
9569 1. The Chief Minister will table an answer to a question asked by Deputy J.A.N. Le Fondré of St.
Lawrence regarding the costs of inward migration from the EU.
9570 2. The Chief Minister will table an answer to a question asked by Deputy J.A.N. Le Fondré of St.
Lawrence regarding the impact of inward migration.
9572 3. The Chief Minister will table an answer to a question asked by Deputy R. Labey of St. Helier regarding the recommendations of the Carswell Review regarding the role of the Bailiff .
9573 4. The Chief Minister will table an answer to a question asked by Deputy R. Labey of St. Helier
regarding the recommendations of the Carswell Review regarding the role of the Law Officers. 9574 5. The Chief Minister will table an answer to a question asked by Deputy R. Labey of St. Helier
regarding the recommendations of the Carswell Review regarding the appointment process of the
Bailiff and Crown Officers.
9576 6. The Minister for Treasury and Resources will table an answer to a question asked by Deputy S.Y.
Mézec of St. Helier regarding funding mechanisms for the planned new hospital.
9577 7. The Minister for Social Security will table an answer to a question asked by Deputy S.Y. Mézec
of St. Helier regarding investigations into the impact of an increase in the minimum wage.
9578 8. The Minister for Health and Social Services will table an answer to a question asked by Deputy
M. Tadier of St. Brelade regarding policy in respect of organ donation.
9579 9. The Chief Minister will table an answer to a question asked by Deputy M. Tadier of St. Brelade
regarding the possibility of inviting Lord Carswell to speak to Members before the debate on P.54/2016.
9580 10. H.M. Attorney General will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the prosecution of people claiming to be medicinal users of cannabis.
9581 11. The Minister for Health and Social Services will table an answer to a question asked by the
Deputy of St. Ouen regarding the liability of Jersey students for NHS charges when in further education in the UK.
9582 12. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern
of St. Helier regarding possible improvements to maternity leave provision.
9583 13. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding the impact of MTFP savings proposals on negotiations and policy in respect of salaries for newly qualified teachers.
9584 14. 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 between 2009 and 2016.
9585 15. The Minister for Education will table an answer to a question asked by Deputy M. Tadier of St.
Brelade regarding GCSE results in Jersey's non-fee-paying 11-16 schools.
9586 16. The Minister for Treasury and Resources will table an answer to a question asked by Deputy M.R.
Higgins of St. Helier regarding a statistical break-down of taxpayers.
9587 17. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier
regarding Fund Management Companies in Jersey.
9588 18. The Minister for Treasury and Resources will table an answer to a question asked by Deputy M.R.
Higgins of St. Helier regarding financial services businesses which do not pay tax.
9589 19. The Minister for Treasury and Resources will table an answer to a question asked by Deputy M.R.
Higgins of St. Helier regarding the taxation of financial services businesses.
9590 20. The Minister for Treasury and Resources will table an answer to a question asked by Deputy M.R.
Higgins of St. Helier regarding the levels of funds and bank deposits held in Jersey.
- – Oral Questions (Up to two hours)
9595 1. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Treasury
and Resources –
"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?"
9571 2. Deputy P.D. McLinton of St. Saviour will ask the following question of the Minister for Home
Affairs –
"Could the Minister outline what steps, if any, are being taken to ensure that Jersey's sexual offences legislation is up to date and fit for purpose?"
9599 3. Deputy K.C. Lewis of St. Saviour will ask the following question of the Chief Minister –
"When will the Chief Minister bring forward proposals for an Island-wide census?"
9593 4. The Connétable of St. John will ask the following question of the Minister for Economic
Development, Tourism Sport and Culture –
"Will the Minister inform the Assembly what surveys, impact studies and assessments, if any, the Department has carried out to determine the potential effect of the proposed new Waste Charges on tourism and catering establishments?"
9602 5. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Treasury and
Resources
"Will the Minister confirm whether or not income inequality in Jersey has worsened since 2008 and, if so, what measures, fiscal or otherwise, will he be proposing to address the situation?"
9594 6. The Deputy of St. Ouen will ask the following question of the Minister for Health and Social
Services –
"What assessment has the Minister made of the importance of short breaks as part of a care package for young adult wheelchair users and in relation to such people's carers and for what reason does his Department not refer young adult wheelchair users to the facility provided by Les Amis at Maison Allo?"
9597 7. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister advise how many posts across Departments are either vacant and awaiting appointment, filled by an agency worker, or filled by a consultant; and explain how such posts are accounted for in head count targets agreed for each Department with the Council of Ministers or States Employment Board?"
9598 8. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for
Education –
"Given the shortage of candidates for teaching qualifications in the UK and a consequent shortage of newly qualified teachers, will the Minister state what measures he has under consideration or in place to enable appointments to be made to secondary specialist posts in Jersey, and will he further state how many teachers are engaged locally teaching GCSE and A-level classes in subjects other than their specialist subject?"
9591 9. Deputy P.D. McLinton of St. Saviour will ask the following question of the Minister for
Education –
"Can the Minister inform the Assembly what arrangements, if any, are in place to test students for dyslexia?"
9603 10. Deputy M. Tadier of St. Brelade will ask the following question of the Chairman of Privileges
and Procedures
"In view of the low turnout at the Senatorial by-election on 7th September 2016, what steps, if any, does the Committee plan to take to ascertain the reasons for such a high level of voter abstention and to increase voter turnout in future?"
9604 11. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Social
Security –
"What action is the Minister taking to ensure that less well-off people are not disadvantaged by the £10 million cuts to the Social Security budget?"
9596 12. Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"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?"
9601 13. The Deputy of Grouville will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"Could the Minister advise whether Visit Jersey no longer requires establishments to keep a record of their guests along with the passport and residency details of their EU and non-EU visitors and, if so, explain why?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Health and Social Services 2nd question period – Chief Minister
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY The Chief Minister will make a statement regarding Brexit.
The Chairman of the Health and Social Security Scrutiny Panel will make a statement regarding its report entitled Living on a low income' (SR.4/2016).
- PUBLIC BUSINESS
Draft Former La Motte Street School (Validation and Abrogation of Covenants) P.9/2016. (Jersey) Law 201-.
Lodged: 17th February 2016, Minister for Infrastructure.
Draft Former La Motte Street School (Validation and Abrogation of Covenants) P.9/2016. (Jersey) Law 201- (P.9/2016): addendum to report. Add. Presented: 31st August 2016, Minister for Infrastructure. (re-issue)
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 Air Navigation (Amendment) (Jersey) Law 201-. P.64/2016. Lodged: 17th June 2016, Minister for External Relations.
Draft Policing of Parks (Amendment No. 6) (Jersey) Regulations 201-. P.66/2016. Lodged: 23rd June 2016, Minister for Infrastructure.
and the prevention of fiscal evasion with respect to taxes on income.
Lodged: 24th June 2016, Minister for External Relations.
Jersey Gambling Commission: appointment of Chairman. P.70/2016. Lodged: 15th July 2016, Minister for Economic Development, Tourism, Sport and
Culture.
Draft Criminal Justice (Miscellaneous Provisions) (Jersey) Regulations 201-. P.74/2016. Lodged: 26th July 2016, Chief Minister.
Draft Criminal Justice (Miscellaneous Provisions) (Jersey) Law 2016 (Appointed P.75/2016. Day) Act 201-.
Lodged: 26th July 2016, Chief Minister.
Draft Children and Adoption (Amendment) (Jersey) Law 201-. P.76/2016. Lodged: 26th July 2016, Minister for Health and Social Services.
Immigration Act 2014 (Fees): extension of certain sections to Jersey; and repeal P.77/2016. of an associated part of the Immigration and Asylum Act 1999 (Jersey) Order
2003.
Lodged: 29th July 2016, Chief Minister.
Draft Mental Health (Jersey) Law 201-. P.78/2016. Lodged: 2nd August 2016, Minister for Health and Social Services.
Draft Capacity and Self-Determination (Jersey) Law 201-. P.79/2016. Lodged: 2nd August 2016, Minister for Health and Social Services.
Comptroller and Auditor General Board of Governance: appointment of P.80/2016. members.
Lodged: 8th August 2016, Chief Minister.
Draft Proceeds of Crime (Miscellaneous Amendments) (Jersey) Regulations 2016 P.86/2016. (Appointed Day) Act 201-.
Lodged: 22nd August 2016, Chief Minister.
- ARRANGEMENT OF PUBLIC BUSINESS
26th September 2016
(Meeting to commence at 2.30 p.m. on Monday 26th September 2016. Consideration of Public Business to commence at 9.30 a.m. on 27th September 2016.)
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. amendment. Amd. Lodged: 30th August 2016. (re-issue) Deputy G.P. Southern of St. Helier .
Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016) – P.68/2016. second amendment. Amd.(2) Lodged: 30th August 2016. (re-issue 2) Deputy G.P. Southern of St. Helier .
Draft Health Insurance Fund (Miscellaneous Provisions) (Amendment No. 2) P.82/2016. (Jersey) Law 201-.
Lodged: 16th August 2016, Minister for Social Security.
Draft Food Costs Bonus (Jersey) Regulations 201-. P.83/2016. 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.
Draft Social Security (Christmas Bonus) (Jersey) Regulations 201-. P.85/2016. Lodged: 16th August 2016.
Minister for Social Security.
11th October 2016
Higher Education Funding. R.51/2016. Presented: 10th May 2016, Minister for Education. (Consideration in Committee'.)
Draft Price Indicators (Amendment No. 2) (Jersey) Regulations 201-. P.81/2016. Lodged: 8th August 2016, Minister for Economic Development, Tourism, Sport and
Culture.
Draft Commissioner for Standards (Jersey) Law 201-. P.87/2016. Lodged: 23rd August 2016, Privileges and Procedures Committee.
Public Elections: introduction of STV and AV. P.88/2016. Lodged: 24th August 2016, Deputy M. Tadier of St. Brelade .
Draft Prison (Amendment No. 7) (Jersey) Law 201-. P.89/2016. Lodged: 30th August 2016, Minister for Home Affairs.
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
Matters.
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.
Zero-hours contracts. P.92/2016. Lodged: 1st September 2016, Deputy S.Y. Mézec of St. Helier .
States of Jersey Development Company Limited: appointment of Non-Executive P.93/2016. Directors.
Lodged: 7th September 2016, Minister for Treasury and Resources.
15th November 2016
Draft Jersey Appointments Commission (Miscellaneous Amendments) (Jersey) P.50/2016. Law 201-.
Lodged: 19th May 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.
DR. M. EGAN Greffier of the States
8th 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 Wednesday 14th and Thursday 15th September 2016.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.73/2016.
This Order amends Schedule 1 to the Aircraft Registration (Jersey) Law 2014 to include the Crown Dependencies of Jersey, Guernsey and the Isle of Man in the list of countries in Schedule 1 to the Aircraft Registration (Jersey) Law 2014. The effect of the amendment is that a body incorporated or undertaking established in, or a resident of, Jersey, Guernsey or the Isle of Man is a qualified person for the purposes of the Aircraft Registration (Jersey) Law 2014 and as such may hold a legal or beneficial interest in an aircraft registered in Jersey.
The Order was made on 8th July 2016 and came into force on 9th July 2016. R&O.79/2016.
This Order makes transitional provisions relating to the commencement of the Children's Property and Tuteurs (Jersey) Law 2016 (the "Law", by virtue of Article 1 which is the interpretation provision).
Article 2 provides that upon commencement the Law shall apply to existing tuteurs, with certain modifications: for example there is no need for an existing tuteur to take the oath in the new form required by the Law, and the timetable for submission of accounts in Schedule 2 to the Law is modified. However this application of the Law does not invalidate the appointment of existing tuteurs and the Law will be disapplied where the minor in question reaches full age (or dies) between the commencement of the Law and 1st January 2017. Article 2 also makes clear that the Royal Court may exercise its powers under the Law even where there is an existing tuteur, for example to discharge that tuteur or to appoint an additional tuteur, where necessary.
Article 3 is a provision to save any rights of action which may have accrued against existing tuteurs or électeurs of an existing tutelle (although in most other respects functions of électeurs are not preserved: see Article 2(2)).
Article 4 gives the title by which this Order may be cited, and provides that it comes into force upon commencement of the Law.
The Order was made on 26th July 2016 and comes into force in accordance with Article 4. R&O.80/2016.
This Order gives effect to Council Regulation (EU) 2016/1165 of 18 July 2016 amending Regulation (EC) No 1183/2005 imposing certain restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ L 193/15, 19.7.2016). The effect of the amending Regulation, which, by this Order, is given effect in Jersey, is as follows –
- The derogation from the prohibition of giving technical assistance, financing or financial assistance or brokering services to non-governmental entities or persons operating in the Democratic Republic of Congo (DRC) is extended to cover where that assistance or services relate to other sales and supply of arms and related materiel that is approved in advance by the Sanctions Committee (a Committee of the Security Council of the United Nations); and
- Two of the matters included within acts the supporting of which leads to the assets of persons, entities or bodies being frozen are varied so as to include –
- planning, directing or committing of all acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law; and
- supporting criminal networks involved in destabilising activities in the DRC through the illicit exploitation of natural resources.
The Order was made on 28th July 2016 and came into force on 29th July 2016.
R&O.82/2016.
Under this Order, the Jersey Battle of Flowers Association ("the association") may close public roads and areas of beach, and use them for the purposes of holding the Battle of Flowers on Thursday 11th August 2016 and the Moonlight Parade on Friday 12th August 2016. The association may also restrict parking and traffic movements in those roads and in roads in the surrounding area, as specified in the Order, provided the association gives public notice of the closures and restrictions (as further detailed in the Schedule to the Order), and takes out public liability insurance.
The Order was made on 1st August 2016 and came into force immediately upon being made. R&O.83/2016.
This Order provides for road closures, the closing of other public places and other traffic restrictions in and around Gorey Pier and Gorey Coast Road to enable the holding of Gorey Fête on Thursday 18th August 2016.
The Order was made on 1st August 2016 and came into force immediately upon being made. R&O.84/2016.
This Order allows the Classic and Vintage Motor Racing Club of Jersey Limited to close roads in order to hold sprint races on the Five Mile Road on Friday 26th August 2016 and hill climbs at Grève de Lecq on Saturday 27th and Sunday 28th August 2016. The Order is subject to the Road Racing (General Provisions) (Jersey) Order 1959.
The Order was made on 1st August 2016 and came into force forthwith on being made. R&O.85/2016.
This Order makes various amendments to the Road Traffic ( St. Brelade ) (Jersey) Order 1990. Article 1 defines the "principal Order" as the Road Traffic ( St. Brelade ) (Jersey) Order 1990.
Article 2 inserts a new Part 4A (Articles 13A to J) into the principal Order the effect of which is to create a new resident's parking permit scheme within Les Quennevais Park. The resident's parking zones are the 2 red areas marked on the plan in new Schedule 9 to the principal Order (see Article 5). Residents of the properties marked on the plan would be entitled to apply to the Connétable of St. Brelade for up to 2 non-transferable parking permits per household subject to a maximum number of 60 permits available to be issued by the Connétable . The annual fee per parking permit is £48.
R&O.86/2016.
This Order amends the Road Traffic ( St. Lawrence ) (Jersey) Order 1990 (the "principal Order") to prohibit waiting in locations along Le Mont Cambrai, La Rue de Haut, Le Mont Cochon, St. Aubin's Road and La Route de St. Jean in St. Lawrence and to apply a maximum waiting period of 12 hours in any continuing period of 24 hours on part of Le Mont Cambrai.
This Order also amends the principal Order to substitute the name Petite Rue de l'Eglise, which has been assigned to the formerly unnamed road between the Parish Hall and the Parish Church.
The Order was made on 1st August 2016 and came into force on 8th August 2016. R&O.87/2016.
This Order amends the Schedule to the Taxation (Double Taxation) (Jersey) Regulations 2010 by inserting the date that the double taxation agreement between Jersey and Rwanda came into force, that is, 27th June 2016.
The Order was made on 3rd August 2016 and came into force forthwith on being made. R&O.88/2016.
This Order amends the EU Legislation (Sanctions – North Korea) (Jersey) Order 2015, which gives effect to Council Regulation (EC) No 329/2007 of 27 March 2007 concerning restrictive measures against the Democratic People's Republic of Korea (OJ L 88, 29.3.2007, p. 1), as amended (the "2007 Regulation"). This Order gives effect to the amendments to the 2007 Regulation that were made by Council Regulation (EU) 2016/1333 of 4 August 2016 (OJ L 212, 5.8.2016, p. 1).
Those amendments provide for the addition of a new Annex Ig to the 2007 Regulation which lists additional goods (designated as "sensitive goods") to which prohibitions on the transfer, procurement and provision of technical assistance apply.
The Order was made on 16th August 2016 and came into force on 17th August 2016. R&O.89/2016.
Article 1 of this Order removes, from the Banking Business (General Provisions) (Jersey) Order 2002 (the "Order"), a requirement for an application for registration under the Banking Business (Jersey) Law 1991 (the "Law") to be made annually (Article 9(2) of the Order) and a provision relating to the refund of annual fees paid by applicants in accordance with the Law (Article 10 of the Order). These changes are necessary in consequence of amendments made to the Law by Article 1 of the Financial Regulation (Miscellaneous Provisions No. 4) (Jersey) Law 2016, which comes into force on 22nd August 2016.
Article 2 provides for the title by which this Order may be cited, and for its commencement on 22nd August 2016.
The Order was made on 18th August 2016 and came into force on 22nd August 2016.
R&O.90/2016.
Article 10 of the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 (the "Law") is amended by Article 4 of the Financial Regulation (Miscellaneous Provisions No. 4) (Jersey) Law 2016, to add a prohibition against the carrying on, in any part of the world, of a specified Schedule 2 business by persons, other than natural persons or companies, having a registered office in Jersey, unless such persons are registered under the Law in respect of the business and carrying on the business in accordance with the terms of their registration. (By Article 1(1) of the Law a "specified Schedule 2 business" means a business described in Schedule 2 to the Proceeds of Crime (Jersey) Law 1999 (subject to certain exemptions in Part A of that Schedule) which is specified in column 3 of the Table to the Law.)
This Order applies in relation to such persons (Article 2), and confers upon them (by Article 3) a transitional period of immunity from prosecution for contravention of Article 10 of the Law, for 6 months from the day on which the amendment described above comes into force, or until an application for registration of a business to which the new provision would otherwise apply is determined, or until a notification that such a business is being carried on is received by the Jersey Financial Services Commission, whichever is earliest.
Article 1 is the interpretation provision, and Article 4 provides for the title by which this Order may be cited.
The Order was made on 18th August 2016 and came into force immediately on being made. R&O.91/2016.
This Order amends the Control of Borrowing (Jersey) Order 1958 so as to enable the Jersey Financial Services Commission to charge fees to the holders of a consent granted under that Order at such intervals and upon the occurrence of such events as the Commission may determine. Such fees must be published in accordance with the requirements of Article 15 of the Financial Services Commission (Jersey) Law 1998. That Order currently only permits a fee to be charged upon the application for a grant of consent.
The Order was made on 18th August 2016 and comes into force on 18th September 2016. R&O.92/2016.
This Order, taken together with Regulations 5 and 5A of the Sea Fisheries (Miscellaneous Provisions) (Jersey) Regulations 1998 –
- prohibits the fishing, taking or storing of soft-shelled spider crabs during the period Thursday 1st September 2016 to Sunday 23rd October 2016 inclusive; and
- prohibits, during that period, the use of passive gear within the area of the sea that is specified in the Schedule to the Order.
The Order was made on 26th August 2016 and came into force on the day after it was made.
R&O.93/2016.
This Order allows Jersey International Air Display a.r.l. to control access to certain roads and beaches on 7th, 8th and 9th September 2016 for the viewing of the Jersey International Air Display on Thursday 8th September 2016.
The Order was made on 5th September 2016 and came into force on being made.
WRITTEN QUESTIONS (See Item I(a))
- The Chief Minister will table an answer to the following question asked by Deputy J.A.N. Le Fondré of St. Lawrence –
"What was the gross cost to the taxpayer of a person entering Jersey from the EU in 2015 to work for a range of hourly rates commencing with the minimum wage and increasing in bands of £1 per hour until the average Island wage is attained, assuming that:
- the person works 40 hours per week;
- the person has at least one family member aged over 65 in their household on the Island, who makes average use of health and social services for their age group;
- the person has one child of primary school age in their household, attending a States school;
- the person and the child make average use of health care for their age groups;
- the person and the child speak English;
- costs take account of supplementation where relevant and of any other benefit the individual might be entitled to within the time period of 9 years, averaged over a period of 9 years?
What additional gross per capita cost to the taxpayer arises if the person or the child do not speak English?
What additional gross per capita cost to the taxpayer arises if the child is in secondary education?"
- The Chief Minister will table an answer to the following question asked by Deputy J.A.N. Le Fondré of St. Lawrence –
"If the costs per individual identified in written question 1240/5(9569) are applied to 50% and then separately 75% of the gross inward migration increase since 2005, on this basis what would the total cost per year be of gross inward migration to the taxpayer?
Does the States of Jersey collect data on the number of people coming to Jersey who work for employers that pay tax locally?
What proportion of the increase in the number of primary school children in States schools since 2011 belong to families that arrived in Jersey within 10 years of the date when the first child in such families first started at such a school? What is the total capital and revenue expenditure for the provision of facilities and staff required to cater for increased pupil numbers since 2011? What is the estimated annual cost to the public purse of additional facilities and staff required for teaching pupils whose first language is not English?
What proportion of the current demand for housing units stems from individuals who have achieved their 10 year housing qualifications since 2010?"
- The Chief Minister will table an answer to the following question asked by Deputy R. Labey of St. Helier –
"What progress has been made to implement each of the following recommendations made by the Carswell Review of 2010 into "The Roles of the Crown Officers" and, if a decision has been taken not to implement any of the recommendations, how and when was that position adopted and by whom?
- The Bailiff should cease to act as President of the States and the States should elect their own President, either from within or from without the ranks of their members.
- The Bailiff should cease to be responsible for giving permission for public entertainments.
- The requirement in Article 1(1) of the Crown Advocates (Jersey) Law 1987 of the Bailiff 's approval to the appointment of Crown Advocates should be repealed."
- The Chief Minister will table an answer to the following question asked by Deputy R. Labey of St. Helier –
"What progress has been made to implement each of the following recommendations made by the Carswell Review of 2010 into "The Roles of the Crown Officers" and, if a decision has been taken not to implement any of the recommendations, how and when was that position adopted and by whom?
- Procedures should be adopted to minimise the possibility of conflict arising from the advisory and prosecuting functions of H.M. Attorney General.
- Ministers and government departments should disclose to Scrutiny panels legal advice received by them where it is possible to do so. If that is not possible, or if Scrutiny panels cannot obtain reasonably prompt advice from the Law Officers, they should be free to obtain independent advice.
- H.M. Attorney General should continue to act as titular head of the Honorary Police until an appropriate substitute has been obtained."
- The Chief Minister will table an answer to the following question asked by Deputy R. Labey of St. Helier
"What progress has been made to implement each of the following recommendations made by the Carswell Review of 2010 into "The Roles of the Crown Officers" and, if a decision has been taken not to implement any of the recommendations, how and when was that position adopted and by whom?
- The membership of the recommending panel for the appointment of the Bailiff and Deputy Bailiff should be augmented by the addition of two persons with substantial legal experience, one of whom should be from outside Jersey, to be appointed by the Lieutenant Governor
- The membership of the recommending panel for the appointment of the Law Officers should be augmented by the addition of two members of the States, to be appointed by the States.
- The Bailiff 's Consultative Panel should no longer be consulted about the appointment of the Crown Officers."
- The Minister for Treasury and Resources will table an answer to the following question asked by Deputy S.Y. Mézec of St Helier –
"What discussions, if any, have the Minister or the Department had with the Minister for Health and Social Services regarding funding mechanisms for the construction of the planned new hospital? What consideration, if any, has been given to the introduction of a charge on taxpayers to pay for the new hospital? Are other funding mechanisms being investigated and, if so, what are they?"
- The Minister for Social Security will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Following the adoption on 20th January 2016 of Part (b) of Minimum Wage: revised hourly rate from 1st April 2016' (P.150/2015), could the Minister update the Assembly on what progress, if any, has been made in investigating the potential impact on the tax and benefits system of a significant rise in the minimum wage, and confirm whether or not she will be in a position to report back to the States on this matter by December 2016?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Will the Minister advise what work, if any, has been carried out following the adoption on 24th September 2013 of Part (b) of Organ Donors' Register' (P.89/2013) to review the current policy in respect of organ donations and to bring forward recommendations for improvement? What consideration, if any, has been given to an opt-out system of organ donation for Jersey?"
- The Chief Minister will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"What steps, if any, were made to invite Lord Carswell to speak to Members ahead of the planned debate on Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of the States' (P.54/2016)? When was correspondence sent, what did it say, and what was the outcome?"
- H.M. Attorney General will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Will H.M. Attorney General state how many people claiming to be medicinal users of cannabis were prosecuted in 2015, if any? What were the sentences in such cases and what was the total known cost of those cases?"
- The Minister for Health and Social Services will table an answer to the following question asked by the Deputy of St. Ouen –
"In what circumstances, if any, would Jersey students following a course of further education be liable for NHS charges in either England, Scotland, Wales or Northern Ireland if they required:
- Primary care services;
- Accident and Emergency services;
- Ongoing treatment for medical conditions present before commencing further education; or
- Other hospital treatment."
- The Minister for Social Security will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Given the statement in her response to Zero-Hour Contracts' (S.R.3/2016) that she wishes to prioritise further improvements in family friendly policies, will the Minister undertake to improve on "Family Friendly" and "1001 Days" initiatives by proposing to give employees the right to 26 weeks of maternity leave supported by maternity allowance paid for from contributions?
Since the debate on Maternity leave: rights of employees' (P.104/2014) in July 2014, has the Minister considered or consulted upon possible improvements in this area and, if so, will she report to Members the outcomes of any such consultation?"
- The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Will the Chief Minister explain why savings of £240,000 in 2018 and £480,000 in 2019 have been included in the MTFP Addition to be produced from changes to Newly Qualified Teachers' (NQT) salaries, given that any such changes to salaries must be subject to collective bargaining with teachers' representatives and no such negotiation has taken place?
How much freedom for each side to negotiate openly will there be if the savings are adopted by the Assembly, given that savings will need to be found elsewhere if they are not delivered from salaries?
Has there been a change of policy away from free collective bargaining with employee representatives to the imposition of pay awards?"
- The Minister for Social Security will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Will the Minister detail the Department's use of agency workers over the period 2009 to 2016, to include the following?
- The number of posts filled by agency workers each year.
- The titles of those posts and a description of the duties of each.
- Whether the posts were full-time or part-time and, if the latter, the hours of work that were required.
- The length of the contracts provided and the length of time each agency worker remained in the Department.
- The number of such agency workers who subsequently transferred to full-time employment with the Department.
- The total cost per post if there were direct employment to the post, broken down by element (salary, Social Security contributions, PECRS contributions), compared to the total cost per post of salary and agency fees where an agency worker has been used."
- The Minister for Education will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Will the Minister provide a breakdown of GCSE results per school for the 4 non-fee-paying 11-16 schools in Jersey and state how they compare with the results in such schools in the UK?"
- The Minister for Treasury and Resources will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Minister, by way of a table and graph, advise Members in respect of income tax for each year between 2008 and 2015 (or the last year for which full figures are available):
(a)
- The total number of taxpayers in each year;
- The number of taxpayers who paid tax at the marginal rate;
- The number of taxpayers who paid tax at the 20% rate.
(b)
- The percentage of the total personal income tax take paid by taxpayers in the marginal band;
- The percentage of the total personal income tax take paid by taxpayers on the 20% rate.
(c)
- The average rate of tax paid by those in the marginal band;
- The average rate of tax paid by those on the 20% tax rate.
(d) The number of taxpayers in each year who paid no tax."
- The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Minister advise Members for each year between 2008 and 2015 of:
- the number of Fund Management Companies established in the Island, breaking them down between those directly operating in the Island and those operating indirectly through Jersey- based sub-contractors;
- the total amount of funds managed by those operating directly and those operating indirectly through sub-contractors; and
- the amount of tax received from those operating directly and those operating through sub- contractors."
- The Minister for Treasury and Resources will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Minister provide Members with the number and type of financial services businesses who pay no tax on their business profits and explain the reasons why they do not do so?"
- The Minister for Treasury and Resources will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Minister advise Members for each year between 2008 and 2015 (or the last year for which full figures are available) of the number of financial services businesses that are paying tax at the 10% rate and of the amount of tax they generated, and explain why there have been changes during that period in the number of firms paying at the 10% rate and in the tax take?"
- The Minister for Treasury and Resources will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Minister, by way of a table, show for each year between 2008 and 2015 (or the last year for which full figures are available):
- The total amount of funds under management in Jersey and the tax take from the fund management firms concerned, explaining why there have been changes during the period in question in the levels of funds and the tax taken;
- The total amount of deposits held by Jersey banks and the tax take from those banks, explaining why there have been changes during the period in question in the level of deposits and the tax taken."
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2016
September 26th
October 11th November 1st November 15th November 29th December 13th
Economic Development, Tourism, Sport and Culture
Infrastructure
Environment
External Relations
Home Affairs
Education
Housing
Chief Minister
Social Security
Chief Minister Treasury and Resources Chief Minister