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STATES OF JERSEY ORDER PAPER
Tuesday 24th May 2016
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
EU Legislation (Sanctions – Central African Republic) (Amendment No. 2) R&O.53/2016. (Jersey) Order 2016.
Minister for External Relations.
EU Legislation (Sanctions – Côte d'Ivoire) (Revocation) (Jersey) Order 2016. R&O.54/2016. Minister for External Relations.
Notifiable Diseases (Amendment) (Jersey) Order 2016. R&O.55/2016. Minister for Health and Social Services.
EU Legislation (Sanctions – North Korea) (Amendment) (Jersey) Order 2016. R&O.56/2016. Minister for External Relations.
- DOCUMENTS PRESENTED OR LAID
Financial institutions registered in Jersey: links to Panamanian legal firm Mossack P.42/2016. Fonseca (P.42/2016) – comments. Com. Presented: 18th May 2016.
Council of Ministers.
States of Jersey Development Company Limited: Annual Report and Consolidated R.52/2016. Financial Statements for the year ended 31st December 2015.
Presented: 13th May 2016.
Minister for Treasury and Resources.
Jersey New Waterworks Company Ltd.: Annual Report and Financial Statements R.53/2016. 2015.
Presented: 13th May 2016.
Minister for Treasury and Resources.
States of Jersey Development Company: challenge to a Summons dated R.54/2016. 12 August 2015 issued by the Corporate Services Scrutiny Panel – decision of the
PPC.
Presented: 13th May 2016.
Privileges and Procedures Committee.
States of Jersey Law 2005: delegation of functions – Treasury and Resources – R.55/2016. revised delegations May 2016.
Presented: 16th May 2016.
Minister for Treasury and Resources.
eGovernment. R.56/2016. Presented: 19th May 2016.
Comptroller and Auditor General.
Staff Recruitment and Retention at the Hospital (S.R.1/2016): response of the S.R.1/2016. Minister for Health and Social Services. Res. Presented: 11th May 2016.
Minister for Health and Social Services.
- NOTIFICATION OF LODGED PROPOSITIONS
Draft Sea Fisheries (Bag Limits) (Jersey) Regulations 201-. P.45/2016. Lodged: 16th May 2016.
Minister for the Environment.
Draft Sea Fisheries (Inshore Trawling, Netting and Dredging) (Amendment No. 2) P.46/2016. (Jersey) Regulations 201-.
Lodged: 16th May 2016.
Minister for the Environment.
Draft Sea Fisheries (Inshore Waters) (Amendment) (Jersey) Regulations 201-. P.47/2016. Lodged: 16th May 2016.
Minister for the Environment.
Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 5) (Jersey) P.48/2016. Regulations 201-.
Lodged: 16th May 2016.
Minister for the Environment.
Draft Policing of Beaches (Amendment No. 11) (Jersey) Regulations 201-. P.49/2016. Lodged: 16th May 2016.
Minister for Economic Development, Tourism, Sport and Culture.
Draft Jersey Appointments Commission (Miscellaneous Amendments) (Jersey) P.50/2016. Law 201-.
Lodged: 19th May 2016.
States Employment Board.
- 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 Motor Vehicle Registration (Amendment No. 5) (Jersey) Law 201-. P.24/2016. Lodged: 14th March 2016.
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
- The Minister for Treasury and Resources will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding financing options for health and social services in Jersey.
- The Minister for Treasury and Resources will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding higher education funding.
3 The Minister for Social Security will table an answer to a question asked by Deputy S.Y. Mézec
of St. Helier regarding the social security contributions made by the self-employed.
- The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding information requested from financial services firms by the Jersey Financial Services Commission following the release of the Panama papers'.
- The Minister for Home Affairs will table an answer to a question asked by Deputy M.R. Higgins regarding the provision of body-worn cameras to operational officers.
- The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the annual resident population estimates.
- The Minister for Health and Social Services will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the employment of social workers.
- The Minister for Health and Social Services will table an answer to a question asked by Deputy M.R. Higgins regarding off-Island placements.
- The Minister for Education will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding workplace stress experienced by teaching staff.
- The Minister for Education will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding telecommunication devices placed on school buildings.
- The Minister for Housing will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the charging of fees by letting agents.
- The Chairman of the Comité des Connétable s will table an answer to a question asked by Deputy
- Tadier of St. Brelade regarding consultation with the Department for Infrastructure regarding the maintenance of parks and gardens.
- The Minister for Treasury and Resources will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the feasibility of introducing taxes on second homes and empty properties.
- The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the outcome of the UK Anti-Corruption Summit.
- The Minister for Health and Social Services will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding measures to reduce, cease and outsources services.
- The Minister for Home Affairs will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding measures to reduce, cease or outsource services.
- The Chief Minister will table an answer to a question asked by the Deputy of St. John regarding the structure of the Information Services department.
- The Minister for Treasury and Resources will table an answer to a question asked by the Deputy of St. John regarding the installation by JT of fibre optic broadband.
- – Oral Questions (120 minutes)
- Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Health and Social Services –
"Will the Minister advise whether residents who were moved from The Limes nursing home will be subject to G.P. and other medical bills at their new nursing home and will he liaise with the Minister for Social Security to ensure that this is not a recurring problem?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Infrastructure –
"What progress, if any, has been made towards reducing staffing levels in cleaning and gardening services; how many workers have taken voluntary redundancy or have otherwise left the service; how many staff may be subject to compulsory redundancy; how many staff are planned to be retained; and to what extent will services be stopped or reduced under the re- designed service?"
- The Connétable of St. John will ask the following question of the Minister for Home Affairs –
"Could the Minister advise what training is received by the States of Jersey Police about the Honorary Police, and whether it includes the history of the service and the different ranks and responsibilities of Honorary Police officers?"
- Deputy M.R. Higgins will ask the following question of the Minister for Health and Social Services –
"Will the Minister advise members what action his department is taking to help people who suffer from drug addiction and, in particular, those who require methadone/subutex treatment, giving details of the estimated number of addicts needing this treatment and the number of people receiving it?"
- Deputy R. Labey of St. Helier will ask the following question of the Minister for the Environment –
"Can the Minister bring forward the date by which opaque film must be applied to the glazed west elevation windows of the new Police Headquarters, or alternatively press for a satisfactory temporary measure, so that neighbouring residents do not have to wait until the building is occupied in January 2017 for it to meet planning requirements and for neighbouring residents to have their privacy protected?"
- Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Education –
"Following the decision of the States Employment Board to impose a pay award on Jersey's teachers, what impact, if any, does the Minister anticipate this will have on teacher recruitment and retention?"
- Deputy A.D. Lewis of St. Helier will ask the following question of the Minister for Education –
"Can the Minister outline the criteria upon which the default rate of 30% for a new student loan scheme, creating a predicted liability of £700 million, contained in the Minster's recent report into higher education funding (R.51/2016), was based, given that the current loan scheme has a default rate of less than 10% and, once reaching its full liability of £8.7 million, is predicted to have a 3% default rate?"
- Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister of Infrastructure –
"How many residential properties are currently held by Jersey Property Holdings, and what use are States departments currently making of them?"
- Deputy G. P. Southern of St. Helier will ask the following question of the Minister for Health and Social Services –
"What plans, if any, does the Minister have for the outsourcing of services currently delivered by Health Department staff, and what consideration has been given to abiding by the 2000 policy agreed between the States and the unions in P.59/1999 Outsourcing Policy'?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Home Affairs –
"What assessment, if any, has the Minister made of the effect of the use of body-worn cameras on the prevention of instances of false arrest?"
- Deputy R. Labey of St. Helier will ask the following question of the Minister for Home Affairs –
"Further to the Minister's answer to oral question 9334 on 22nd March 2016, has she been able to establish whether sex offenders, including those convicted of crimes against children, have, upon release, been found accommodation in St. Helier guest houses or hotels by the Prison Discharge and Chaplaincy teams and, if so, how often and how recently has this occurred?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Home Affairs
2nd question period – Chief Minister
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Outsourcing. P.29/2016. Lodged: 18th March 2016.
Deputy G.P. Southern of St. Helier .
Draft Financial Regulation (Miscellaneous Provisions No. 4) (Jersey) Law 201-. P.30/2016. Lodged: 22nd March 2016.
Draft Criminal Justice (Young Offenders) (No. 2) (Jersey) Law 201-. P.33/2016. Lodged: 6th April 2016.
Draft Licensing (No. 18) (Jersey) Regulations 201-. P.34/2016. Lodged: 11th April 2016.
Minister for Economic Development, Tourism, Sport and Culture.
Draft Discrimination (Age) (Jersey) Regulations 201-. P.37/2016. Lodged: 12th April 2016.
Draft Discrimination (Age) (Jersey) Regulations 201- (P.37/2016): comments. P.37/2016. Presented: 25th April 2016. Com. Health and Social Security Scrutiny Panel.
Draft Employment (Amendment No. 10) (Jersey) Law 201-. P.38/2016. Lodged: 12th April 2016.
Draft Employment (Amendment No. 10) (Jersey) Law 201- (P.38/2016): amendment. P.38/2016. Lodged: 10th May 2016. Amd. Deputy S.Y. Mézec of St. Helier .
Nursery funding: implementation of proposed changes. P.39/2016. Lodged: 12th April 2016.
Deputy M. Tadier of St. Brelade .
Nursery funding: implementation of proposed changes (P.39/2016) – amendment. P.39/2016. Lodged: 3rd May 2016. Amd. Minister for Education.
Deputy S.M. Wickenden of St. Helier .
Collective Responsibility Statements: propositions, amendments, comments or P.40/2016. statements lodged or submitted by a Minister (P.40/2016) – comments. Com. Presented: 10th May 2016.
Council of Ministers.
Rate Appeal Board: appointment of members. P.41/2016. Lodged: 21st April 2016.
Minister for Treasury and Resources.
Financial institutions registered in Jersey: links to Panamanian legal firm Mossack P.42/2016. Fonseca.
Deputy G.P. Southern of St. Helier .
Financial institutions registered in Jersey: links to Panamanian legal firm Mossack P.42/2016. Fonseca (P.42/2016) – comments. Com. Presented: 18th May 2016.
Council of Ministers.
- ARRANGEMENT OF PUBLIC BUSINESS 14th June 2016
Draft Former La Motte Street School (Validation and Abrogation of Covenants) P.9/2016. (Jersey) Law 201-.
Draft Education (Amendment No. 3) (Jersey) Law 201-. P.15/2016. Lodged: 29th February 2016.
(Principles adopted on 26th April 2016.)
Draft Telecommunications (Amendment No. 3) and Crime (Miscellaneous P.19/2016. Provisions) (Jersey) Law 201-.
(Principles adopted on 12th April 2016.)
Draft Removal of Vehicles (Private Land) (Jersey) Regulations 201-. P.36/2016. Lodged: 11th April 2016.
Draft Royal Court (Amendment No. 14) (Jersey) Law 201-. P.43/2016. Lodged: 3rd May 2016.
Draft Proceeds of Crime (Miscellaneous Amendments) (Jersey) Regulations 201-. P.44/2016. Lodged: 4th May 2016.
(Cannot be debated before 15th June 2016.)
28th June 2016
Draft Dormant Bank Accounts (Jersey) Law 201-. P.25/2016. Lodged: 15th March 2016.
(Principles adopted on 26th April 2016.)
Draft Sea Fisheries (Bag Limits) (Jersey) Regulations 201-. P.45/2016. Lodged: 16th May 2016.
Minister for the Environment.
Draft Sea Fisheries (Inshore Trawling, Netting and Dredging) (Amendment No. 2) P.46/2016. (Jersey) Regulations 201-.
Lodged: 16th May 2016.
Minister for the Environment.
Draft Sea Fisheries (Inshore Waters) (Amendment) (Jersey) Regulations 201-. P.47/2016. Lodged: 16th May 2016.
Minister for the Environment.
Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 5) (Jersey) Regulations P.48/2016. 201-.
Lodged: 16th May 2016.
Minister for the Environment.
Draft Policing of Beaches (Amendment No. 11) (Jersey) Regulations 201-. P.49/2016. Lodged: 16th May 2016.
Minister for Economic Development, Tourism, Sport and Culture.
12th July 2016
Draft Jersey Appointments Commission (Miscellaneous Amendments) (Jersey) Law P.50/2016. 201-.
Lodged: 19th May 2016.
States Employment Board.
DR. M. EGAN Greffier of the States
19th May 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 25th and Thursday 26th May 2016.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.53/2016.
The amendment made by this Order to the EU Legislation (Sanctions – Central African Republic) (Jersey) Order 2014 gives effect to Council Regulation (EU) 2016/555 of 11 April 2016 (OJ L 96, 12.4.2016, p. 1) which as at 13 April 2016 amends Council Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic. The effect of the amendment is to amend the criteria for the freezing of assets, in line with the United Nations Security Council Resolution 2262 (2016).
This Order was made on 12th May 2016 and came into force on 13th May 2016. R&O.54/2016.
This Order revokes the EU Legislation (Sanctions – Côte d'Ivoire) (Jersey) Order 2015. That Order gives effect to 2 Regulations of the Council of the European Union as amended ("Council Regulations"). These are Council Regulation (EC) No 174/2005 of 31 January 2005 imposing restrictions on the supply of assistance related to military activities to Côte d'Ivoire (OJ L 29, 2.2.2005, p. 5) and Council Regulation (EC) No 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire (OJ L 95, 14.4.2005, p. 1). The Council Regulations implemented measures originally imposed by the United Nations Security Council in resolution 1572 (2004). In resolution 2283 (2016) adopted 28th April 2016, the United Nations Security Council decided to terminate the measures contained in the resolutions which have been implemented by the Council Regulations.
The Order was made on 12th May 2016 and came into force on 13th May 2016. R&O.55/2016.
This Order updates the list of contagious and infectious diseases in the Schedule to the Notifiable Diseases (Jersey) Order 1988. Notification of such diseases is obligatory under Article 23 of the Loi (1934) sur la Santé Publique.
The Order was made on 13th May 2016 and came into force on 14th May 2016. R&O.56/2016.
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), including all future amendments to the Annexes to that Regulation (the "2007 Regulation"). This Order gives effect to the amendments to the 2007 Regulation (besides those to the Annexes) that were made by Council Regulation (EU) 2016/465 of 31 March 2016 (OJ L 85, 1.4.2016, p. 1) and Council Regulation (EU) 2016/682 of 29 April 2016 (OJ L 117, 3.5.2016, p. 1).
Those amendments include substituting and adding prohibitions and derogations, and replacing the definition "economic resources". The Articles of the 2007 Regulation that are amended or replaced are Articles 1, 2, 3a, 5a, 6, 11b and 13. The Articles that are added to the 2007 Regulation are new Articles 2a, 8a, 6a, 9c and 13a. The Order makes it an offence to contravene the new prohibitions in Articles 2a, 6a, 9c and 13a of the 2007 Regulation (the new Article 8a only adds a derogation).
The Order was made on 16th May 2016 and came into force on 17th May 2016.
WRITTEN QUESTIONS (See Item I(a))
- The Minister for Treasury and Resources will table an answer to the following question asked by Deputy S.Y. Mezec of St. Helier –
"Further to the Minister's answer to written question 9421 on 10th May 2016, in which he stated that "in 2011 the Treasury sought external advice regarding the financing options for Health and Social Services in Jersey; this advice cost £71,500", could the Minister confirm what financing options were contained in this external advice and whether the prospect of introducing a new health tax was considered at that time?
Would the Minister publish that advice?"
- The Minister for Treasury and Resources will table an answer to the following question asked by Deputy S.Y. Mezec of St. Helier –
"Following the publication of R.51/2016 "Higher Education Funding" which confirmed that the government would not pursue the implementation of a more comprehensive student loan scheme, has the Minister considered assisting students who have benefited from a private student loan by making student loan repayments tax deductible?
How much tax revenue does the Minister estimate would be lost by making such a change?"
- The Minister for Social Security will table an answer to the following question asked by Deputy S.Y. Mezec of St. Helier –
"Could the Minister provide the number of people who were registered with her department as being self-employed each year for the past 5 years, as well as how much was raised in Class 2 Social Security contributions for each of those years?"
- The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Further to the announcement by the Jersey Financial Services Commission (JFSC) on 10th May 2016 that it had sent out a structured request for information from financial services firms regulated by the JFSC in order to be as fully sighted as possible on material connections to Jersey following the release of the Panama Papers', will the Chief Minister undertake to provide members with a summary of the responses the Jersey Financial Services Commission receives to each of the five questions contained in the request?"
- The Minister for Home Affairs will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Minister advise members how many operational officers have been equipped with body- worn cameras and explain in detail the policy for their use, and in particular, whether are they activated for the entire shift or only when officers go out on patrol, and whether officers have any discretion on their activation? Will she also explain whether footage from body-worn cameras is able to be provided for use in court?"
- The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Further to the annual resident population estimates which were published by the Statistics Unit on 24th June 2015, can the Chief Minister advise why, given the States' policy of restricting population growth to 325 people per annum, the population has grown to the extent outlined, and provide the resident population estimates for the year ends 2013 (which is not available' in the report), 2014 (given that the report indicates that the value quoted is uncertain) and 2015?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Minister provide –
- a breakdown of the number of front line social workers (as opposed to managers) employed by his department showing their qualifications, time spent working in social work; and the number of years they have worked for the department, and the number of years they have worked for the department;
- an estimate of the average annual case load of each front line social worker;
- details of the turnover of social workers in each year since 2008?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Minister advise how many children and adults were given off-Island placements in order to meet their needs with facilities or specialist staff that could not be provided on-Island, between 2008 and the present date?
Will he further provide a breakdown of the nature and duration of those placements?"
- The Minister for Education will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"What measures does the Minister have in place or under consideration to relieve workplace stress in both primary and secondary schools in order to reduce the 948 sick days taken by teachers due to anxiety, stress or depression in 2015? Does the Minister consider that teachers' administrative workloads have an impact on the level of workplace stress and, if so, what steps, if any, will he put in place to reduce this?"
- 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 list detailing what telecommunication devices, including transmitters and receivers, are placed on which school buildings; who they belong to; what rent is paid and to whom for the positioning of such devices; when they were placed there and what consultation, if any, was conducted with staff, parents and pupils before they were installed?"
- The Minister for Housing will table an answer to a question asked by Deputy M. Tadier of St. Brelade –
"What consideration, if any, has been given to banning the charging of finders fees' and contract renewal fees' by letting agents to renters? If none, would the Minister support such a move?
Has the Strategic Housing Unit given any consideration to the possible benefits of a code of conduct for letting agencies, voluntary or statutory? If so, what was the outcome of any such consideration?"
- The Chairman of the Comité des Connétable s will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"What consultation has taken place between the Comité and the Department for Infrastructure with regard to the outsourcing of staff for the maintenance of parks and gardens in the various parishes, including Winston Churchill Park?"
- The Minister for Treasury and Resources will table an answer ot the following question asked by Deputy M. Tadier of St. Brelade –
"What investigation, if any, has taken place into the feasibility of introducing a tax, other than existing rates, on (i) second homes and (ii) empty properties?
What considerations would need to be taken into account in respect of companies that own multiple residential properties in the Island, were such a tax to be introduced?"
- The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier –
"What timescale, if any, was agreed by participants at the recent UK Anti-Corruption Summit for the UK to produce a public register of beneficial ownership of companies and what degree of co- operation was offered by the Chief Minister to the UK Prime Minister towards the establishment of such a register?
What measures does the Minister plan to introduce arising from the UK Anti-Corruption Summit to reduce tax avoidance and evasion; and what assessment he has made of whether tax avoidance and evasion can be eliminated without introducing a public register of beneficial ownership?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy G.P. Southern of St. Brelade –
"What results have emerged so far from the Minister's commitment to examine measures to reduce, cease or outsource services for which he is responsible? Are any areas of service provision likely to be subject to new or increased charges and, in particular, what changes, if any, are under consideration for patient transport services?"
- The Minister for Home Affairs will table an answer to the following question asked by Deputy G.P. Southern of St. Brelade –
"What results have emerged so far from the Minister's commitment to examine measures to reduce, cease or outsource services for which she is responsible?"
- The Minister Chief Minister will table an answer to the following question asked by the Deputy of St. John –
"What is the baseline transaction cost, and how many full-time equivalent staff, are required for the current structure of the Information Services (IS) department; and what assessment has he made of the scale and complexity of that department compared to IS provision in similarly-sized private sector companies?"
- The Minister for Treasury and Resources will table an answer to the following question asked by the Deputy of St. John –
"Can the Minister, as shareholder representative, provide an up-to-date account of the fibre installation being carried out by JT and advise how many of the employed engineers for this project are now sourced locally?"
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2016
1st Session 2016
June 14th External Relations Social Security June 28th Home Affairs Chief Minister July 12th Treasury and Resources Education
2nd Session 2016
September 13th Health and Social Services Chief Minister September 27th Economic Development, Tourism, Housing
Sport and Culture
October 11th Infrastructure Chief Minister November 1st Environment External Relations November 15th Social Security Chief Minister November 29th Home Affairs Treasury and Resources December 13th Education Chief Minister