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STATES OF JERSEY ORDER PAPER
15th NOVEMBER 2016
SUMMARY
9.30 a.m. Communications by the Presiding Officer and other announcements Appointments, matters of privilege, petitions (if any)
Approx. 9.40 a.m. Summary of written questions
Up to 2 hours Oral questions with notice
Urgent questions (if any)
Up to 30 minutes, Oral questions without notice:
divided between the Minister for External Relations two Ministers Chief Minister
Statements (if any)
Approx. 11.30 a.m. Bailiff of Jersey: cessation of dual role and the appointment of an
elected Speaker of the States (P.54/2016)
Draft Commissioner for Standards (Jersey) Law 201- (P.87/2016)
Draft Commissioner for Standards (Jersey) Law 201- (P.87/2016): amendment (P.87/2016 Amd.)
Zero-hours contracts (P.92/2016)
Zero-hours contracts (P.92/2016): amendment (P.92/2016 Amd.)
Draft Criminal Justice (Young Offenders) (Jersey) Law 2014 (Appointed Day) Act 201- (P.98/2016)
Draft Criminal Justice (Young Offenders) (Placement Panel) (Jersey) Regulations 201- (P.100/2016)
Draft Sea Fisheries (Inshore Waters) (Amendment No. 2) (Jersey) Regulations 201- (P.102/2016)
Jersey Appointments Commission: re-appointment of Commissioner (P.106/2016)
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 16th and Thursday 17th November 2016 if necessary.
STATES OF JERSEY ORDER PAPER
15th NOVEMBER 2016
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Lodging Houses (General Provisions) (Amendment No. 21) (Jersey) Order 2016. R&O.113/2016. Minister for Housing.
- DOCUMENTS PRESENTED
Building a Safer Society: A Community Safety and Substance Misuse Strategy for R.111/2016. Jersey 2016–2019.
Presented: 7th November 2016, Minister for Home Affairs.
States of Jersey Law 2005: delegation of functions – Environment – Scheme of R.115/2016. delegations – November 2016.
Presented: 11th November 2016, Minister for the Environment.
Corporate Services Scrutiny Panel – MTFP Addition for 2017–19 (S.R.5/2016) – S.R.5/2016. response of the Minister for Treasury and Resources. Res. Presented: 9th November 2016, Minister for Treasury and Resources.
- NOTIFICATION OF LODGED PROPOSITIONS
Zero-hours contracts (P.92/2016): amendment. P.92/2016. Lodged: 8th November 2016, Minister for Social Security. Amd. Ann Alice Rayner Fund: alteration of purpose. P.116/2016. Lodged: 4th November 2016, Minister for Treasury and Resources.
Ratification of the Multilateral Competent Authority Agreement on the Exchange P.119/2016. of Country-By-Country Reports.
Lodged: 7th November 2016, Minister for External Relations.
Jersey Overseas Aid Commission: re-appointment of Commissioner. P.121/2016. Lodged: 11th November 2016, Deputy of Grouville .
- WITHDRAWAL OF LODGED PROPOSITIONS
In accordance with Standing Order 34(1), the proposers of the following propositions lodged au Greffe' have informed the Greffier of the States that they are to be withdrawn –
Draft Jersey Appointments Commission (Miscellaneous Amendments) (Jersey) P.50/2016. Law 201-.
Lodged: 19th May 2016, States Employment Board.
Draft International Criminal Court (Immunities and Privileges) (Jersey) P.72/2016. Regulations 201-.
Lodged: 22nd July 2016, Chief Minister.
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
9700 1. H.M. Attorney General will table an answer to a question asked by Deputy J.M. Maçon of
St. Saviour regarding the taking of breath samples from persons under the age of 18.
9701 2. The Minister for Infrastructure will table an answer to a question asked by Deputy P.D. McLinton
of St. Saviour regarding a scheme for the reporting of motoring collisions with domestic cats.
9702 3. The Minister for Education will table an answer to a question asked by Deputy J.A.N. Le Fondré
of St. Lawrence regarding the Partnership Agreement between the Department and private-sector nursery providers.
9703 4. The Minister for Infrastructure will table an answer to a question asked by Deputy
J.A.N. Le Fondré of St. Lawrence regarding traffic data for certain roads in St. Lawrence .
9704 5. The Minister for External Relations will table an answer to a question asked by the Deputy of
Grouville regarding the Brexit Working Group.
9705 6. The Minister for Health and Social Services will table an answer to a question asked by
Senator S.C. Ferguson regarding the Department's use of agency social workers.
9706 7. The Chief Minister will table an answer to a question asked by Deputy M. Tadier of St. Brelade
regarding television licences for residents aged over 75.
9707 8. The Minister for Infrastructure will table an answer to a question asked by Deputy M. Tadier
regarding the site of the former swimming pool at Fort Regent.
9708 9. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern
of St. Helier regarding applications for Income Support Personal Care Component Level 4.
9709 10. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern
of St. Helier regarding measures to reduce the number of over- and under-payments in Income Support.
9710 11. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern
of St. Helier regarding the response to Recommendation 10 of Living on Low Income' (S.R.4/2016).
9711 12. The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern
of St. Helier regarding the degree of success in reducing poverty.
9712 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 the funding of home care.
- – Oral Questions (120 minutes)
9717 1. The Deputy of St. Ouen will ask the following question of the Minister for Social Security –
"Will the Minister provide regular updates, to coincide with the publication of Jersey Labour Market Survey reports, relating to the number of people with a zero-hours contract as their main job, and the industries worked in by those with a zero-hours contract as their main job?"
9713 2. Senator S.C. Ferguson will ask the following question of the Minister for Economic Development,
Tourism, Sport and Culture –
"Has use of the grant provided by the Department to Jersey Rugby Club met its objectives, and does the Minister intend to renew it?"
9718 3. Deputy K.C. Lewis of St. Saviour will ask the following question of the Chief Minister –
"What representations, if any, has the Chief Minister received regarding the level of personal information required of Islanders by local banks; can he advise whether Islanders are being asked to provide more such information than previously and, if that is case, is he aware of the reasons why?"
9719 4. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social
Security –
"In light of the recent report into the use of foodbanks, will the Minister accept that her statement to the Health and Social Security Scrutiny Panel on 5th May 2016 that "a very large proportion of the people" claiming food parcels were not entitled to Income Support and had not been in Jersey for 5 years was incorrect, and what was the evidential basis for that statement?"
9699 5. Deputy J.A. Martin of St. Helier will ask the following question of the Minister for Health and
Social Services –
"Would the Minister advise when the site now being proposed for the new Hospital was first considered by him or his predecessor; was this site one of the first options to be discarded during initial consideration of potential sites and, if so, why should it now be considered as the best site?"
9715 6. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Home
Affairs –
"Following the launch by the States of Jersey Police of the 'True Vision' reporting system for hate crime, will the Minister advise what progress, if any, is being made towards making inciting racial hatred a crime in Jersey, and explain how such activity can currently be reported as a crime in the absence of such legislation?"
9716 7. Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister –
"Following statements made in the House of Commons by the Minister for Security on 25th October 2016 that the U.K. Government hoped the Crown Dependencies might have made their registers of beneficial ownership of companies public by the end of this year or into next year, will the Chief Minister advise what discussions he has had and what plans, if any, are in place to achieve this?"
9714 8. Senator S.C. Ferguson will ask the following question of the Minister for Health and Social
Services –
"Will the Minister advise whether there has recently been any inability to obtain additional bedding in the Hospital over week-ends and, if so, what the reason for that was, and will he further advise whether the in-house laundry has been outsourced?"
9720 9. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social
Security –
"What assessment has her Department made of the effect of recent changes to benefits policy on the increased use of food banks, and what other factors does she consider are responsible for that increased use?"
- – Questions to Ministers without notice (30 minutes) – 1st question period – Minister for External Relations 2nd question period – Chief Minister
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
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.
Zero-hours contracts. P.92/2016. Lodged: 1st September 2016, Deputy S.Y. Mézec of St. Helier .
Draft Criminal Justice (Young Offenders) (Jersey) Law 2014 (Appointed Day) P.98/2016. Act 201-.
Lodged: 27th September 2016, Minister for Home Affairs.
Draft Criminal Justice (Young Offenders) (Consequential Provisions) (Jersey) P.99/2016. Regulations 201-.
Lodged: 27th September 2016, Minister for Home Affairs.
Draft Criminal Justice (Young Offenders) (Placement Panel) (Jersey) P.100/2016. Regulations 201- .
Lodged: 27th September 2016, Minister for Home Affairs.
Draft Financial Services Ombudsman (Case-fee and Levy) (Amendment) P.101/2016. (Jersey) Regulations 201-.
Lodged: 27th September 2016, Minister for Economic Development, Tourism, Sport
Draft Sea Fisheries (Inshore Waters) (Amendment No. 2) (Jersey) Regulations P.102/2016. 201-.
Lodged: 4th October 2016, Minister for the Environment.
Draft Sea Fisheries (Inshore Trawling, Netting and Dredging) (Amendment P.103/2016. No. 3) Jersey) Regulations 201-.
Lodged: 4th October 2016, Minister for the Environment.
Note: Because of the requirement for a six-week lodging period the following proposition cannot be debated before Wednesday 16th November 2016. If other business on the Order Paper for the 15th November 2016 is completed before the 16th November, the Chief Minister has indicated that he will seek the agreement of the Assembly, under Standing Order 26(7) to reduce the lodging period in order that this matter can be debated at that meeting.
Draft Employment of States of Jersey Employees (Amendment No. 8) (Jersey) P.105/2016. Regulations 201-.
Lodged: 5th October 2016, States Employment Board.
- ARRANGEMENT OF PUBLIC BUSINESS 29th November 2016
Draft Employment (Minimum Wage) (Amendment No. 13) (Jersey) Regulations P.107/2016. 201-.
Lodged: 17th October 2016, Minister for Social Security.
Note: Because of the requirement for a six-week lodging period the following proposition cannot be debated before Wednesday 30th November 2016. If other business on the Order Paper for the 29th November 2016 is completed before the 30th November, the Chief Minister has indicated that he will seek the agreement of the Assembly, under Standing Order 26(7) to reduce the lodging period in order that this matter can be debated at that meeting.
Future Hospital: preferred site. P.110/2016. Lodged: 19th October 2016, Council of Ministers.
12th 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.
Note: Because of the requirement for a six-week lodging period the following proposition cannot be debated before Monday 19th December 2016. Once other business on the Order Paper for the 12th December 2016 is completed, the Minister for External Relations has indicated that he will seek the agreement of the Assembly, under Standing Order 26(7) to reduce the lodging period in order that this matter can be debated at that meeting.
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.
17th January 2017
Jersey Overseas Aid Commission: re-appointment of Commissioner. P.121/2016. Lodged: 11th November 2016, Deputy of Grouville .
DR. M. EGAN Greffier of the States
10th November 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 16th and Thursday 17th November 2016.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.113/2016.
Lodging Houses (General Provisions) (Amendment No. 21) (Jersey) Order 2016.
This Order increases the fee payable on an application to register or renew the registration of a lodging house. From 1st December 2016, when this Order comes into force, the fee will be £14.00 multiplied by the maximum number of persons proposed to be lodged, except in the case of children under the age of 5, where the fee does not apply.
The fee was last increased on 1st December 2015, when the fee was set at £13.65. The fee of £14.00 represents a 2.5% increase on last year's fee.
The Order was made on 7th November 2016 and comes into force on 1st December 2016.
WRITTEN QUESTIONS (See Item I(a))
- H.M. Attorney General will table an answer to the following question asked by Deputy J.M. Maçon of St. Saviour –
"Will H.M. Attorney General explain under which Law, Regulation or Order it is lawful for the States of Jersey Police to take a breath sample from a person under the age of 18 with no responsible adult being present?"
- The Minister for Infrastructure will table an answer to the following question asked by Deputy P.D. McLinton of St. Saviour –
"What progress, if any, has been made towards the introduction of a scheme (whether in law or as a public awareness campaign) asking motorists to report to an authority if they are involved in a collision with a domestic cat; and will the Minister provide a timeline for this work and an expected completion date?"
- The Minister for Education will table an answer to the following question asked by Deputy J.A.N. Le Fondré of St. Lawrence –
"Will the Minister advise whether it has been agreed by the Department with private-sector nursery providers that the Partnership Agreement is no longer fit for purpose and that a new Partnership Agreement will need to be negotiated and in place by the end of 2016 and, if so, will the Minister confirm whether or not negotiations between the Department and private-sector nursery providers have started and, if so, on which dates meetings have taken place; and if they have not started, will the Minister explain the reason for the delay?
Is it still the intention of the Department to have a new Partnership Agreement in place by the end of the year?"
- The Minister for Infrastructure will table an answer to the following question asked by Deputy J.A.N. Le Fondré of St. Lawrence –
"Will the Minister provide the hourly traffic flow data for the following roads (in both directions) between the hours of 7:00 a.m. and 8:00 p.m. (splitting between week days and weekends where possible); or, if hourly data is not available, the data that is?
- Bottom of Mont Felard
- Grande Route de St Laurent (in the vicinity of the Parish Hall )
- Grande Route de St Laurent by Carrefour Selous
- Les Chenolles de Six Rues (by Six Roads)
- Top end of Rue de la Frontière
- Top end of Rue de la Mare Ballam
- Rue des Buttes (West end)
- Route de St Jean (in the St John's Village area)
Where data is available based on different times in the year, will the Minister also provide data for different seasons and, where possible, during and outside of school holidays?
Where there is no match for the specific location indicated, will the Minister provide data that is nearest on the road requested to the location identified?"
- The Minister for External Relations will table an answer to the following question asked by the Deputy of Grouville –
"Who are the members of the 'Brexit Working Group'; who decided its membership and make-up and, if political membership is exclusive to the Council of Ministers and its officers, will the Minister explain why; and will the Minister also explain whether other Members of the Assembly who have an interest in this matter will be given the opportunity to serve on the Working Group, and if not, why not?"
- The Minister for Health and Social Services will table an answer to the following question asked by Senator S.C. Ferguson –
"Further to the answer provided to Written Question 9678 on 1st November 2016 and information subsequently circulated to Members, will the Minister advise:
- How long each of the agency social workers employed by the Department has worked in the Island, listed individually by year; and
- What number of agency workers have been employed through each of the seven agencies used by the Department?"
- The Chief Minister will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Further to the answer given to Written Question 8985 on 5th October 2015, will the Chief Minister list what formal correspondence, meetings and conversations have taken place with the BBC on behalf of Jersey; when specifically such interactions occurred and by whom they were undertaken; and state what was discussed?
Will the Chief Minister also confirm that it is his policy to pursue parity for Jersey's residents aged over 75 with those in the U.K. to have their licences provided free of charge by the BBC and, if not, explain why not?
Will he also state what formal discussions, if any, have taken place with Guernsey on the issue and, if none, will the Chief Minister undertake to engage jointly with Guernsey on this issue?"
- The Minister for Infrastructure will table an answer to the following question asked by Deputy
M. Tadier –
"What plans, if any, are there for the demolition and / or development of the former swimming pool building at Fort Regent and, if none, will the Minister advise whether the current structure is the best use of the site?"
- 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 advise what the timeline is for new Regulations to cover the introduction of the new component of Personal Care (PC) Level 4? Will she further advise when, how and by whom applicants for the new care component will be assessed? How many applications are envisaged from current recipients of PC Level 3 along with new applicants over the period outlined above?"
- 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 "operational improvements" mentioned in answers given during questions without notice on 1st November 2016 in relation to the reduction in numbers of over- and under-payments in Income Support, and provide figures to show how such improvements have addressed the issue?"
- 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 arguments, and provide the underlying figures, which were used to support the rejection of Recommendation 10 of Living on Low Income' (S.R.4/2016), namely that an officer from the Department take on the role of pursuing absent parents for maintenance on behalf of lone-parent recipients of Income Support?"
- 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 advise what degree of success she and her predecessors have had in achieving the "aim of reducing poverty", as outlined in Section 8 (Measuring Success') of Income Support System' (P.86/2005), using the measures which were proposed therein, namely:
- 50% of median income (before and after housing costs);
- 60% of median income (before and after housing costs);
- The Gini Coefficient; and
- 90/10 percentile?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Further to the answer supplied to Written Question 9681 on 1st November 2016, will the Minister provide for the years 2015 and 2016 a breakdown of the funding allocated for the delivery of the following services, with the figure for each service shown separately; will he advise whether 2017 funding levels have now been agreed and, if so, will he also supply the figures agreed for 2017 for these services?
- District nursing
- Sustained home visiting
- Enablement
- Rapid response
- Children's services (Including palliative care)
- Home care provision"
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2016
November 29th Home Affairs Treasury and Resources December 12th Education Chief Minister
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 Education Health and Social Services
May 23rd Economic Development, Tourism, Chief Minister
Sport and Culture
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