Order Paper 28th June 2016

STATES OF JERSEY ORDER PAPER

Tuesday 28th June 2016

1. COMMUNICATIONS BY THE PRESIDING OFFICER
2. TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
3. DOCUMENTS PRESENTED OR LAID

Draft Dormant Bank Accounts (Jersey) Law 201- (P.25/2016): comments. P.25/2016. Presented: 24th June 2016.  Com. Economic Affairs Scrutiny Panel.

Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker  P.54/2016. of the States (P.54/2016) – comments.  Com. Presented: 22nd June 2016.

Privileges and Procedures Committee.

States of Jersey Law 2005: proposal to amend bankruptcy provisions  P.55/2016. (P.55/2016) – comments. Com. Presented: 23rd June 2016.

Comité des Connétable s.

Jersey Consumer Council: Annual Report for 2015.  R.68/2016. Presented: 21st June 2016.

Minister for Economic Development, Tourism, Sport and Culture.

Land Transactions under Standing Order 168(3) –  R.69/2016.

1. Apartment No. 8, Block G, Les Quennevais Park – transfer of the Public's flying-freehold ownership and cancellation of existing 99-year lease;
2. Melbourne House, La Rue de la Mare Ballam, St. John – Assisted House

Purchase Scheme – sale.

Presented: 21st June 2016.

Minister for Infrastructure.

States of Jersey Law 2005: delegation of functions – Environment – Scheme of  R.70/2016. delegations – June 2016.

Presented: 23rd June 2016.

Minister for the Environment.

Island-wide Rate Figure for 2016. R.71/2016. Presented: 23rd June 2016.

Comité des Connétable s.

4. NOTIFICATION OF LODGED PROPOSITIONS

Draft Double Taxation Relief (Arrangement with the United Kingdom) (Jersey)  P.51/2016. Act 201- (P.51/2016): amendment. Amd. Lodged: 23rd June 2016.

Minister for External Relations.

Draft Air Navigation (Amendment) (Jersey) Law 201-.  P.64/2016. Lodged: 17th June 2016.

Minister for External Relations.

Data Protection Commissioner: re-appointment.  P.65/2016. Lodged: 17th June 2016.

Chief Minister.

Draft Policing of Parks (Amendment No. 6) (Jersey) Regulations 201-.  P.66/2016. Lodged: 23rd June 2016.

Minister for Infrastructure.

Ratification of the Agreement between the Government of Jersey and the  P.67/2016. Government of the United Arab Emirates for the avoidance of double taxation and

the prevention of fiscal evasion with respect to taxes on income.

Lodged: 24th June 2016.

Minister for External Relations.

5. WITHDRAWAL OF LODGED PROPOSITIONS
6. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
7. MATTERS OF PRIVILEGE
8. PETITIONS
9. QUESTIONS

1. – Written Questions(attached)

1. The Chief Minister will table an answer to a question asked by Deputy J.A.N. Le Fondré of St. Lawrence regarding household taxes and charges.
2. The Chief Minister will table an answer to a question asked by Deputy J.A.N. Le Fondré of St. Lawrence regarding receivable household income.
3. The Chief Minister will table an answer to a question asked by Deputy J.A.N. Le Fondré of St. Lawrence regarding household income scenarios for married persons.
4. The Chief Minister will table an answer to a question asked by Deputy J.A.N. Le Fondré of St. Lawrence  regarding  household  income  scenarios  for  single  persons  and  married  old  aged pensioners.
5. The Minister for Infrastructure will table an answer to a question asked by the Deputy of St. John regarding the condition of property and infrastructure within public ownership.
6. The Chief Minister will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the dual role of the Bailiff .

7. The Minister for External Relations will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the dual role of the Bailiff .
8. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the dual role of the Bailiff .
9. The Chairman of the Education and Home Affairs Scrutiny Panel will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding means testing the provision of free nursery care.
10. The Chief Minister will table an answer to a question asked by Deputy J.A.N. Le Fondré regarding the proposed introduction of healthcare, waste disposal and community infrastructure charges.
11. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the impact of foreign capital upon the housing market.
12. The Minister for Home Affairs will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding investigations by external police forces.
13. H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding his powers to conduct criminal prosecutions.
14. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the establishment of churches.
15. The Minister for Education will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding teaching posts.
16. H.M. Attorney General will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding maternity leave rights.
17. 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 outsourcing of services.
18. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the management of vacancies across departments.
19. The Minister for Health and Social Services will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding user pays charges.

2. – Oral Questions (120 minutes)

1. The Deputy of Grouville will ask the following question of the Minister for Health and Social Services –

"Further to the Minister's answer to oral question 9455 on 24th May 2016, could he confirm that the residents of the Limes Residential Home were told in the meeting which informed them that they had to move, that they would be moved on exactly the same monetary basis as they had been accommodated at The Limes?"

2. The Deputy of St. John will ask the following question of the Minister for Education –

"With the focus on jobs and growth in the States' Strategic Plan, could the Minister advise what action he is taking to ensure that children in Jersey are skilled for the future and are prepared for economic diversification, in particular employment in the digital sector?"

3. Senator Z.A. Cameron will ask the following question of the Minister for Health and Social Services –

"How many non-residents have been employed or been given contracts by Health and Social Services in the last 24 months?"

4. Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –

"Will the Chief Minister advise members what research, if any, has been undertaken by the Council of Ministers into the effect of rapid and large increases in net inward migration, in particular on education, house prices, housing rental prices, hospital and primary care provision, traffic congestion and inflation?"

5. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –

"Can the Chief Minister give a breakdown by economic sector of the net 1,500 licensed and registered inward migrants recorded by the Statistics Unit for 2015?"

6. Deputy R. Labey of St. Helier will ask the following question of the Minister for Infrastructure – "What is the current value of the Eastern Cycle Track Fund and has a route been agreed and

decided upon?" 7.   Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister– "Following the publication of the latest population estimates, can the Chief Minister account for

why the limits set in the interim population policy were not achieved?" 8.   Deputy M. Tadier of St. Brelade will ask the following question of the Chief Minister –

"Can the Minister advise the Assembly whether there are still plans to propose new user-pays charges for services such as sewage treatment and health care provision and, if so, when will the public be given the details of any such charges?"

9. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Treasury and Resources –

"As shareholder representative for the Ports of Jersey, would the Minister update members on PFOS contamination in the west of the Island as a result of the fire-fighting media used at Jersey Airport in the 1990s and whether a settlement has been reached with borehole owners in respect of that contamination?"

10. The Connétable of Grouville will ask the following question of the Chief Minister –

"Does the States of Jersey directly employ anyone at a rate of pay that is lower than the proposed living wage' of £9.40 and has consideration been given to only using subcontractors that pay their employees £9.40 or more?"

11. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –

"Can the Chief Minister give a breakdown by economic sector of the net 1,500 licensed and registered inward migrants recorded by the Statistics Unit for 2015?"

12. Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Chief Minister –

"Can the Chief Minister provide the Assembly with an update on the progress of the Shaping our Future project?"

13. Deputy J.M. Maçon of St. Saviour will ask the following question of the Minister for Education –

"Given the department's policy that all who can benefit from higher education have the opportunity to participate in it regardless of the cost of the chosen subject, can the Minister explain how the department currently calculates the number of people who are not pursuing higher education despite wanting to do so, and whether they also establish the social and financial background of such people?"

14. The Deputy of St. John will ask the following question of the Chief Minister –

"Given that the net migration figure of +325 in the interim population policy is a planning assumption that is aligned to other policies, including economic policies, can the Minister advise whether, as statistics show a net migration figure of 1,500 in 2015, the policies currently in place are flawed and a new planning assumption will have to be made for the medium to long-term sustainability of Jersey?"

15. Deputy J. M. Macon of St. Saviour will ask the following question of the Chief Minister –

"How are the latest migration figures of 1,500 net inflow in 2015 consistent with the government's migration policy as outlined in the interim population policy document P.10/2014?"

16. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Treasury and Resources –

"What research have Ministers commissioned into the Jersey tax system, when and by whom was it was conducted, what were the findings of any such research, will the research be published and if so, when?"

17. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Treasury and Resources –

"What measures were taken in 2015 to reduce the wage bill of the States of Jersey?"

3. – Questions to Ministers without notice (30 minutes) –

1st question period – Minister for Home Affairs

2nd question period – Chief Minister

10. PERSONAL STATEMENTS
11. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY

12. PUBLIC BUSINESS

Draft Dormant Bank Accounts (Jersey) Law 201-. P.25/2016. Lodged: 15th March 2016.

Chief Minister.

(Principles adopted on 26th April 2016.)

Draft Dormant Bank Accounts (Jersey) Law 201- (P.25/2016): comments. P.25/2016. Presented: 24th June 2016.  Com. Economic Affairs Scrutiny Panel.

Draft Dormant Bank Accounts (Jersey) Law 201- (P.25/2016): amendment. P.25/2016. Lodged: 14th June 2016.  Amd. Chief Minister.

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.

Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of  P.54/2016. 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.

States of Jersey Law 2005: proposal to amend bankruptcy provisions.  P.55/2016. Lodged: 24th May 2016.

Deputy M.R. Higgins of St. Helier .

States of Jersey Law 2005: proposal to amend bankruptcy provisions (P.55/2016) –  P.55/2016. comments. Com. Presented: 23rd June 2016.

Comité des Connétable s.

Draft Amendment (No. 29) of the Standing Orders of the States of Jersey. P.62/2016. Lodged: 31st May 2016.

Minister for the Environment.

13. ARRANGEMENT OF PUBLIC BUSINESS 12th July 2016

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 Jersey Appointments Commission (Miscellaneous Amendments) (Jersey) Law  P.50/2016. 201-.

Lodged: 19th May 2016.

States Employment Board.

Draft Double Taxation Relief (Arrangement with the United Kingdom) (Jersey) Act  P.51/2016. 201-.

Lodged: 23rd May 2016.

Minister for External Relations.

Draft Double Taxation Relief (Arrangement with the United Kingdom) (Jersey) Act  P.51/2016. 201- (P.51/2016): amendment. Amd. Lodged: 23rd June 2016.

Minister for External Relations.

Draft Public Elections (Amendment No. 6) (Jersey) Law 201-. P.52/2016. Lodged: 23rd May 2016.

Privileges and Procedures Committee.

States' approval of Assistant Ministers' appointments. P.53/2016. Lodged: 24th May 2016.

Deputy J.A. Martin of St. Helier .

Draft Unlawful Public Entertainments (Jersey) Regulations 201-. P.56/2016. Lodged: 27th May 2016.

Minister for Home Affairs.

Draft Advocates and Solicitors (Amendment No. 6) (Jersey) Law 201-. P.57/2016. Lodged: 27th May 2016.

Chief Minister.

Draft Health Insurance (Amendment No. 15) (Jersey) Law 201-. P.58/2016. Lodged: 31st May 2016.

Minister for Social Security.

Draft Income Support (Amendment No. 14) (Jersey) Regulations 201-. P.59/2016. Lodged: 31st May 2016.

Minister for Social Security.

Draft Income Support (Special Payments) (Amendment No. 2) (Jersey) Regulations  P.60/2016. 201-.

Lodged: 31st May 2016.

Minister for Social Security.

Draft Social Security (Health Bonus) (Jersey) Regulations 201-. P.61/2016. Lodged: 31st May 2016.

Minister for Social Security.

Outsourcing policy: safeguards. P.63/2016. Lodged: 14th June 2016.

Deputy G.P. Southern of St. Helier .

13th September 2016

Draft Air Navigation (Amendment) (Jersey) Law 201-.  P.64/2016. Lodged: 17th June 2016.

Minister for External Relations.

Data Protection Commissioner: re-appointment.  P.65/2016. Lodged: 17th June 2016.

Chief Minister.

Draft Policing of Parks (Amendment No. 6) (Jersey) Regulations 201-.  P.66/2016. Lodged: 23rd June 2016.

Minister for Infrastructure.

Ratification of the Agreement between the Government of Jersey and the Government  P.67/2016. of the United Arab Emirates for the avoidance of double taxation and the prevention

of fiscal evasion with respect to taxes on income.

Lodged: 24th June 2016.

Minister for External Relations.

DR. M. EGAN Greffier of the States

23rd June 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 29th and Thursday 30th June 2016.

WRITTEN QUESTIONS (See Item I(a))

1. The Chief Minister will table an answer to the following question asked by Deputy J.A.N. Le Fondré of St. Lawrence –

"Would the Minister complete a table utilising the description of household identified in Appendix B of P.58/2006, and for each of the household scenarios there set out, indicate the amounts payable by that household scenario for each of the years 2005, 2010, 2012 and 2015 in respect of –

1. income tax;
2. GST, based on estimated household expenditure, per the relevant / most recent household spending survey;
3. long term care charge ("LTC");
4. social security costs, assuming that all income is earned, all earners are employed rather than self employed, and also assuming a 60% / 40% split of income between the couples where both are working; and
5. where children are referred to, take account (where necessary) of any changes in nursery education funding, and assume (where indicated) that one child may also be at a States fee paying school. Assume that any changes in States funding of education costs / grants during the period from 2005 to 2015 was fully passed on to the household by the year in question.
6. please provide a net total for each of the categories (a) – (e ) specified above for each relevant year."

2. The Chief Minister will table an answer to the following question asked by Deputy J.A.N. Le Fondré of St. Lawrence –

"For the Household scenarios and years identified in Q9501, please provide the financial impact of any items within the remit of Social Security that might be receivable for each household scenario where applicable, (for example GST food costs bonus; income support payments; free TV license; Christmas Bonus; Cold Weather Bonus; Winter Fuel Allowance etc), and providing a sub-total of all such items included against each household scenario. Assume that any benefits that are triggered by a set of external circumstances (for example temperature) are applied consistently in each of the years for which these calculations are performed."

3. The Chief Minister will table an answer to the following question asked by Deputy J.A.N. Le Fondré of St. Lawrence –

"Please  perform  the  same  calculations  as  required  by  Q  9501  and  Q9501  for  the  following household scenarios –

4. The Chief Minister will table an answer to the following question asked by Deputy J.A.N. Le Fondré of St. Lawrence –

"Please  perform  the  same  calculations  as  required  by  Q  9501  and  Q9501  for  the  following household scenarios –

5. The Minister for Infrastructure will table an answer to the following question asked by the Deputy of St. John –

"Notwithstanding the capital programme agreed by the States Assembly, could the Minister advise, as at 2016 and taking account of the current condition of property and infrastructure within public ownership and under his remit, what the actual cost would be to maintain (a) this property, and (b) this infrastructure, in terms of revenue and capital expenditure and state whether sufficient funds are being allocated to meet the standards expected by the public?"

6. The Chief Minister will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –

"Does the Council of Ministers agree that the dual role of the Bailiff in Jersey as both Chief Justice and Speaker of Jersey's legislature is at odds with international parliamentary best practice and what would the consequences be for Jersey's international reputation were the States to reject P.54/2016 Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of the States' and vote not to implement a separation of powers with regard to the dual role of Jersey's Chief Justice and Speaker of the Jersey Assembly? Moreover, will the Chief Minister confirm whether collective responsibility will be exercised on this proposition, and if not, why not?"

7. The Minister for External Relations will table an answer to the following question asked by Deputy

M. Tadier of St. Brelade –

With  regard  to  the  proposition  P.54/2016   Bailiff  of  Jersey:  cessation  of  dual  role  and  the appointment of an elected Speaker of the States', does the dual role of the Bailiff of Jersey as both Chief  Justice  and  speaker  of  Jersey's  legislature  comply  with  international  parliamentary  best practice and would a decision to retain the current position and not to implement a separation of powers impact upon Jersey's international reputation?

8. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –

With  regard  to  the  proposition  P.54/2016   Bailiff  of  Jersey:  cessation  of  dual  role  and  the appointment of an elected Speaker of the States', would a decision to retain the current position of the Bailiff of Jersey as both Chief Justice and speaker of Jersey's legislature impact upon Jersey's international reputation and, consequently, its economy?

9. The Chairman of the Education and Home Affairs Scrutiny Panel  will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –

Further to the  publication on 14th June  2016 of the  Panel's report Nursery Education Fund' (S.R.2/2016), does the Panel intend to conduct a review into the efficiency or otherwise of the Minister's decision to means test the provision of 20 free hours' nursery care, as opposed to providing universal funding?

10. The Chief Minister will table an answer to the following question asked by Deputy J.A.N. Le Fondré of St. Lawrence –

1. "For questions 9501, 9502, 9503 and 9504, please update all calculations for the year 2019, and identify separately for each household scenario therein the amounts for the healthcare charge, the waste disposal charge and the community infrastructure levy (all as proposed in the MTFP Addition) and as applicable to the household scenarios in the questions identified.
2. In respect of questions 9501 to 9504 and this question, please complete the table below, showing under each year the total of (f) from 9501 added to the calculations from 9502, and perform the same for the scenarios identified in questions 9503 and 9504:

3. In respect of part (ii) above please produce the same table but showing as a percentage, the result of the total for each year divided by the relevant household income."

11. The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –

"What research, if any, has been undertaken into the impact of foreign capital upon the housing market and, in particular, the number of houses bought by funds in the buy-to-let market and its impact on house prices generally and will he publish this information? If the Minister does not have the information will he agree to research its impact on –

1. housing prices;
2. the ability of local people to get onto the housing ladder;
3. rental prices; and
4. house price inflation?"

12. The Minister for Home Affairs will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –

"How many times has Article 26 of the States of Jersey Law been used to authorize an external police force to conduct an investigation into any matter since ministerial government was introduced in 2005? How many times, and for what purpose, has Article 26 been used in the same time period? Are investigations by external police forces are usually determined by the Chief of the States of Jersey Police and is the cost usually met from the Police budget?"

13. H.M. Attorney General will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –

"Will H.M. Attorney General publish the source of his powers exclusively to conduct all criminal prosecutions in Jersey? Will he further identify the legislative provisions that cover his role in overseeing the charging decisions of Centeniers in Parish Hall Inquiries and in the Magistrate's Court and his power to discipline Centeniers for any infractions or failures in their duties with regard to their role in prosecutions?"

14. The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –

"What are the rules relating to the establishment of churches in the Island other than the established church? What are the rules relating to church clerical staff being allowed to live in the Island temporarily or permanently?"

15. The Minister for Education will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

"Will the Minister list by subject, including science, maths and English, the number of teaching posts advertised, along with the number of applicants for each post, for September in each of the years 2013, 2014 and 2015?

What proportion of the appointments made in the years above were made to persons who did not have qualified teacher status or were not specialists in the relevant subject, and what proportion of secondary lessons were taught by subject specialists in 2015?

What proportion of the teacher workforce, primary and secondary were newly qualified teachers in each of the years 2013 to 2015?"

16. H.M. Attorney General will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

"Can statutory employee maternity leave rights be protected under zero hours contracts, and if not, what measures might be put in place to extend this statutory right into this sector of employment?"

17. The Minister for Health and Social Services will table an answer to a question asked by Deputy G.P. Southern of St. Helier –

"What measures, if any, are under consideration for the incorporation of parts of the Health and Social Services department as part of the modernisation programme, prior to future outsourcing of services?

What consultation, if any, has been had with employee representatives over the potential extent of outsourcing and what safeguards can be put in place to protect the quality of service delivery and employee terms and conditions?"

18. The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

"What policies are in place to manage vacancies across departments? To what extent are these policies reliant on the non-replacement of posts when they fall vacant, for employees to work extra shifts to cover for absent colleagues and the need to employ agency staff to fill rotas? How many agency workers have been used in each department in the first quarter of 2016 compared with the first quarter of the previous year?"

19. The Minister for Health and Social Services will table an answer to the following question asked by the Minister for Health and Social Services –

"The Minister stated during the States sitting on 14th June that he had no plans to bring forward significant user pays charges'. Could the Minister define what he meant by significant' user pays charges?"

ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))

Questions without notice 2016

1st Session 2016

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  Social Security November 15th  External Relations  Chief Minister November 29th  Home Affairs  Treasury and Resources December 13th  Education  Chief Minister