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Consolidated Order Paper 18th July 2017

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STATES OF JERSEY ORDER PAPER

18th JULY 2017

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 Home Affairs two Ministers  Chief Minister

Statements (if any)

Approx. 12.10 p.m.  Draft  States  of  Jersey  Police  Force  (Amendment  No. 2)  Law 201-

(P.30/2017)  

Draft  Drainage  (Jersey)  Law  2005  (Appointed  Day)  Act  201- (P.38/2017)  

Counter-Terrorism and Security Act 2015: extension to Jersey by Order in Council (P.42/2017)  

Draft Counter-Terrorism and Security (Miscellaneous Amendments) (Jersey) Law 201- (P.47/2017)  

States of Jersey Police Non-Contributory Pension Scheme: payment of widows' pensions (P.44/2017)  

Draft Income Support (Amendment No. 16) (Jersey) Regulations 201- (P.45/2017)  

Draft  Waste  Management  (Amendment  No. 2)  (Jersey) Regulations 201- (P.46/2017)  

Jersey Ethical Care Charter (P.48/2017)  

Jersey Ethical Care Charter (P.48/2017): third amendment (P.48/2017 Amd.(3))

Draft Amendment (No. 32) of the Standing Orders of the States of Jersey (P.50/2017)  

Draft Armed Forces (Offences and Jurisdiction) (Jersey) Law 201- (P.51/2017)  

Draft Criminal Procedure (Bail) (Jersey) Law 201- (P.52/2017)  Draft Control of Housing and Work (Amendment of Law – Annual Charges) (Jersey) Regulations 201- (P.53/2017)  

Draft Commissioner for Standards (Jersey) Law 2017 (Appointed Day) Act 201- (P.58/2017)

Note: Because of the requirement for a four-week lodging period, the draft Act cannot be debated before Wednesday 19th July 2017. If other business on the Order Paper for 18th July 2017 is completed before 19th July, the Chairman of the Privileges and Procedures Committee 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.

Draft Amendment (No. 33) to the Standing Orders of the States of Jersey (P.59/2017)

Note: Because of the requirement for a four-week lodging period, the draft Act cannot be debated before Wednesday 19th July 2017. If other business on the Order Paper for 18th July 2017 is completed before 19th July, the Chairman of the Privileges and Procedures Committee 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.

Arrangement of public business at subsequent meetings

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 19th and Thursday 20th July 2017, if necessary.

STATES OF JERSEY ORDER PAPER

18th JULY 2017 CONSOLIDATED

  1. COMMUNICATIONS BY THE PRESIDING OFFICER
  2. TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)

Road Traffic ( Grouville ) (Amendment No. 9) (Jersey) Order 2017.  R&O.73/2017. Minister for Infrastructure.

Road Traffic ( St. Martin ) (Amendment No. 11) (Jersey) Order 2017.  R&O.74/2017. Minister for Infrastructure.

Taxation (Implementation) (International Tax Compliance) (Common Reporting R&O.75/2017. Standard) (Amendment of Regulations No. 2) (Jersey) Order 2017.

Minister for External Relations.

* Dormant Bank Accounts (Notices, Fees and Terms of Agency) (Jersey) Order 2017.  R&O.76/2017. Chief Minister.

  1. DOCUMENTS PRESENTED

* Draft States of Jersey Police Force (Amendment No. 2) Law 201- (P.30/2017):  P.30/2017. comments.  Com. Presented: 17th July 2017, Education and Home Affairs Scrutiny Panel.

* DPrerafset Cnterid:m 1inal7th ProJulcey 2017, dure (BEducatail) (Jeion arseynd H) Lawom 201e A-f f(aP.ir52/s Sc201rut7)iny Pan: commelent. s.  P.52/201Com7..

Customs and Immigration Service: Annual Report 2016.  R.84/2017. Presented: 11th July 2017, Minister for Home Affairs.

Food and Nutrition Strategy for Jersey 2017 – 2022.  R.85/2017. Presented: 13th July 2017, Minister for Health and Social Services.

* States of Jersey Law 2005: delegation of functions – External Relations – Minister  R.86/2017. to Accounting Officer.

Presented: 18th July 2017, Minister for External Relations.

Review of User-Pays Charges for Non-Households, Phase 1 – Liquid Waste.  S.R.7/2017. Presented:  13th  July  2017,  Environment,  Housing  and  Infrastructure  Scrutiny

Panel.

Jersey International Finance Centre.  S.R.8/2017. Presented: 14th July 2017, Corporate Services Scrutiny Panel.

* 2017 Electoral Reform (S.R.6/2017): response of the Privileges and Procedures  S.R.6/2017. Committee.  Res. Presented: 17th July 2017, Privileges and Procedures Committee.

* Review  of  User-Pays  Charges  for  Non-Households,  Phase 1 –  Liquid  Waste  S.R.7/2017. (S.R.7/2017): response of the Minister for Infrastructure.  Res. Presented: 18th July 2017, Minister for Infrastructure.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Draft Customs and Excise (Amendment No. 8) (Jersey) Law 201-.  P.65/2017. Lodged: 12th July 2017, Minister for Home Affairs.

* Draft Public Health and Safety (Rented Dwellings) (Jersey) Law 201-.  P.66/2017. Lodged; 17th July 2017, Minister for the Environment.

* DLodgraft Red:oad 17tTrah Juffliyc ( 2017, No. 63)Mi (niJsetrersefyor ) RInegfrasulattruions 20cture.1-.  P.67/2017.

  1. 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 –

Jersey Ethical Care Charter (P.48/2017): amendment.  P.48/2017. Lodged: 27th June 2017, Minister for Health and Social Services.  Amd.

Jersey Ethical Care Charter (P.48/2017): second amendment.  P.48/2017. Lodged: 3rd July 2017, Deputy G.P. Southern of St. Helier .  Amd.(2)

  1. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
  2. MATTERS OF PRIVILEGE
  3. PETITIONS
  4. QUESTIONS
  1. Written Questions(attached)

1(396)  1.  The Deputy of Grouville will ask a question of the Chief Minister regarding the extension of the

Freedom of Information (Jersey) Law 2011 to companies wholly owned by, or controlled by, the States of Jersey.

1(397)  2.  The Deputy of Grouville will ask a question of the Minister for Infrastructure regarding the

construction of the Eastern Cycle Network.

1(415)  3.   Deputy J.M. Maçon of St. Saviour will ask a question of the Chairman of the States Employment

Board regarding individuals still in the employ of the States of Jersey who have received criticism from the Independent Jersey Care Inquiry.

1(416)  4.  The Deputy of Grouville will ask a question of the Minister for Infrastructure regarding the new

hospital development.

1(417)  5.  The Deputy of Grouville will ask a question of the Chief Minister regarding the administration of

Control of Housing and Work legislation.

1(418)  6.  The Deputy of Grouville will ask a question of the Minister for the Environment regarding planning

requirements in relation to developments undertaken by the construction industry.

1(419)  7.   Deputy J.M. Maçon of St. Saviour will ask a question of the Chairman of the Privileges and

Procedures Committee regarding prospective changes to the oath of office for elected members of the States Assembly.

1(420)  8.   Deputy J.M. Maçon of St. Saviour will ask a question of the Chairman of the Privileges and

Procedures Committee regarding briefings or training for States members on their responsibilities as corporate parents for looked-after children.

1(421)  9.   Deputy J.M. Maçon of St. Saviour will ask a question of the Chairman of the States Employment

Board regarding a review of the serious complaints policy.

1(422)  10. The Deputy of St. John will ask a question of the Minister for Health and Social Services regarding

the reporting by professionals of abuse of children and adults.

1(423)  11. The Deputy of St. John will ask a question of the Minister for Housing regarding the implementation

of recommendations made in Housing Transformation Programme' (S.R.6/2013).

1(424)  12. The Deputy of St. John will ask a question of the Chief Minister regarding the post-implementation

review of the Control of Housing and Work (Jersey) Law 2012.

1(425)  13. Deputy J.A.N. Le Fondré of St. Lawrence will ask a question of the Chief Minister regarding an

update to the answers provided to written questions 9569 and 9570 in relation to the cost of inward migration

1(427)  14. Deputy J.A. Martin of St. Helier will ask a question of the Minister for Social Security regarding

the prospect of assistance for start-up self-employed businesses with the payment of Social Security contributions.

1(428)  15. Deputy G.P. Southern of St. Helier will ask a question of the Chief Minister regarding population

growth.

1(429)  16. Deputy G.P. Southern of St. Helier will ask a question of the Chief Minister regarding productivity

within Jersey's economy.

1(430)  17. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Social Security regarding

prospective measures to address inappropriate employment practices.

1(431)  18. Deputy R. Labey of St. Helier will ask a question of the Minister for Education regarding the

procedure for dealing with complaints by staff at Highlands College about bullying and harassment. 1(432)  19. Deputy R. Labey of St. Helier will ask a question of the Chairman of the States Employment Board

regarding action in relation to States of Jersey employees, both former and existing, implicated in

the report of the Independent Jersey Care Inquiry.

1(433)  20. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Health and Social Services

regarding staffing within the Child and Adolescent Mental Health Service.

1(434)  21. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Treasury and Resources

regarding a reconciliation of the number of newly-registered taxpayers with the estimates for newly- licensed and registered inward migrants.

1(435)  22. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding the costs of

legal representation of States Departments in relation to the Independent Jersey Care Inquiry.

1(436)  23. Deputy M.R. Higgins of St. Helier will ask a question of the Minister for Health and Social

Services regarding people attending the Drug and Alcohol Service.

1(437)  24. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding the impact of

artificial intelligence and Fintech on employment in financial services and the accountancy and legal sectors.

1(438)  25. Deputy M.R. Higgins of St. Helier will ask a question of the Minister for Health and Social Services

regarding measures being taken to deal with the drug Fentanyl.

1(439)  26. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding the

appointment of the new Chief Executive of the States of Jersey.

1(440)  27. Deputy J.A.N. Le Fondré of St. Lawrence will ask a question of the Minister for Treasury and

Resources regarding the Income Tax paid by people arriving in the Island in 2014 and 2015.

1(446)  28. Deputy J.A.N. Le Fondré of St. Lawrence will ask a question of the Chief Minister regarding the

number of people arriving in the Island in 2014, 2015 and 2016.

  1. Oral Questions (120 minutes)

1(443)  1.   Deputy R. Labey of St. Helier will ask the following question of the Chief Minister –

"Following the publication of the Independent Jersey Care Inquiry's report, will the Chief Minister be sending an official apology to the former Chief Police Officer, Mr. Graham Power, for the treatment Mr. Power received at the hands of the Council of Ministers and, if not, why not?"

1(441)  2.   Deputy J.A. Martin of St. Helier will ask the following question of the Minister for Treasury and

Resources –

"When Andium Homes was set up and this Assembly agreed that rents in social housing would be charged at 90 per cent of the market value, so that the bond of £250 million could be repaid, could the Minister confirm whether it was expected that these higher rents would, or could, bring the company £5.7 million in surplus or profit?"

1(449)  3.   Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister –

"Does the Chief Minister have the support of his entire Council of Ministers in his aim to implement all of the recommendations set out by the Independent Jersey Care Inquiry?"

1(451)  4.   Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –

"Will the Chief Minister state what he regards as a sustainable target for growth in net inward migration, and hence population, to enable the longer-term objectives outlined (and subject to consultation) in the document, Future Jersey 2017 -2037', to be achieved?"

1(445)  5.   Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Chief Minister –

"Further to the publication of the terms of reference of the Student Financing Sub-Committee, in which it was stated an update would be provided in July 2017, can the Chief Minister now share this with the Assembly and, if not, when is it intended to be provided?"

1(454)  6.  The Connétable of St. Helier will ask the following question of the Minister for Home Affairs –

"Is it the Minister's assessment that the Island's legislation is sufficiently rigorous, and the enforcement regime sufficiently robust, in tackling the dangers of mobile phone use while driving and, if not, what steps will she take to improve them?"

1(450)  7.   Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Housing –

"Further to the finding at paragraph 2.39 of the Independent Jersey Care Inquiry's report that "restrictive practices by landlords appear to have been a factor in the lack of accommodation for families [where] some landlords on the island adopted a no kids' rule for let premises", is it the Minister's assessment that this is still a problem today and, if so, what does she plan to do about it?"

1(448)  8.   Deputy J.A. Hilton of St. Helier will ask the following question of the Minister for Health and

Social Services –

"Would the Minister advise whether medical records of the deceased are released to their next of kin within 40 days following a request and, if not, what is the usual timescale?"

1(447)  9.  The Deputy of Grouville will ask the following question of the Minister for Economic

Development, Tourism, Sport and Culture –

"Will the Minister state what safety measures or licensing systems are in place in respect of leisure boat and craft users in Jersey waters?"

1(455)  10.  The Connétable of St. Helier will ask the following question of the Minister for Infrastructure –

"When, if at all, does the Minister plan to bring forward further strategies to encourage more Islanders to choose to travel by bicycle or on foot, together with new targets for road traffic reduction?"

1(452)  11.   Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Economic

Development, Tourism, Sport and Culture –

"What measures, if any, does the Minister either have in place or under consideration to halt the decline in productivity, as defined by G.V.A. per full-time employee, which he and his predecessors have witnessed over the past two decades?"

1(442)  12.   Deputy J.A. Martin of St. Helier will ask the following question of the Minister for Social

Security –

"Will the Minister be requesting £5.7 million from Andium Homes, which was the company's operating surplus last year, to help repay rent subsidies provided to the company from Income Support and, if not, why not?"

1(453)  13.   Deputy R. Labey of St. Helier will ask the following question of the Minister for Education –

"Will the Minister provide a categorical assurance that no reprisals or witch hunts' will follow from staff members of Highlands College raising concerns about current management practices with their elected representatives; will he intervene personally, if necessary, to ensure that this does not happen and can he assure me that I can continue to raise the concerns of staff with him free of the fear of blame being attached?"

  1. – Questions to Ministers without notice (30 minutes) – 1st question period – Minister for Home Affairs

2nd question period – Chief Minister

  1. PERSONAL STATEMENTS
  2. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
  3. PUBLIC BUSINESS

Draft States of Jersey Police Force (Amendment No. 2) Law 201-.  P.30/2017. Lodged: 21st April 2017, Minister for Home Affairs.

* Draft  States  of  Jersey  Police  Force  (Amendment  No. 2)  Law 201-  (P.30/2017):  P.30/2017. comments.  Com. Presented: 17th July 2017, Education and Home Affairs Scrutiny Panel.

Draft Drainage (Jersey) Law 2005 (Appointed Day) Act 201-.  P.38/2017. Lodged: 18th May 2017, Council of Ministers.  (re-issue)

Draft Drainage (Jersey) Law 2005 (Appointed Day) Act 201- (P.38/2017): addendum  P.38/2017. to report.  Add. Presented: 27th June 2017, Minister for Infrastructure.

Counter-Terrorism and Security  Act  2015:  extension to  Jersey  by Order  in P.42/2017. Council.

Lodged: 23rd May 2017, Chief Minister.

Draft  Counter-Terrorism and Security (Miscellaneous  Amendments) (Jersey) P.47/2017. Law 201-.

Lodged: 1st June 2017, Minister for Home Affairs.

States of Jersey Police Non-Contributory Pension Scheme: payment of widows' P.44/2017. pensions.

Lodged: 25th May 2017, States Employment Board.

Draft Income Support (Amendment No. 16) (Jersey) Regulations 201-.  P.45/2017. Lodged: 30th May 2017, Minister for Social Security.

Draft Waste Management (Amendment No. 2) (Jersey) Regulations 201-.  P.46/2017. Lodged: 30th May 2017, Minister for the Environment.

Jersey Ethical Care Charter.  P.48/2017. Lodged: 6th June 2017, Deputy G.P. Southern of St. Helier .  (re-issue)

Jersey Ethical Care Charter (P.48/2017): third amendment.  P.48/2017. Lodged: 7th July 2017, Deputy G.P. Southern of St. Helier .  Amd.(3) (re-issue)

Draft Amendment (No. 32) of the Standing Orders of the States of Jersey.  P.50/2017. Lodged: 6th June 2017, Privileges and Procedures Committee.

Draft Armed Forces (Offences and Jurisdiction) (Jersey) Law 201-.  P.51/2017. Lodged: 6th June 2017, Minister for Home Affairs.

Draft Criminal Procedure (Bail) (Jersey) Law 201-.  P.52/2017. Lodged: 6th June 2017, Minister for Home Affairs.

* Draft Criminal Procedure (Bail) (Jersey) Law 201- (P.52/2017): comments.  P.52/2017. Presented: 17th July 2017, Education and Home Affairs Scrutiny Panel.  Com.

Draft Control of Housing and Work (Amendment of Law – Annual Charges) P.53/2017. (Jersey) Regulations 201-.

Lodged: 6th June 2017, Chief Minister.

Draft Commissioner for Standards (Jersey) Law 2017 (Appointed Day) Act 201-.  P.58/2017. Lodged: 21st June 2017, Privileges and Procedures Committee.

Note: Because of the requirement for a four-week lodging period, the draft Act cannot be debated before Wednesday 19th July 2017. If other business on the Order Paper for 18th July 2017 is completed before 19th July, the Chairman of the Privileges and Procedures Committee 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 Amendment (No. 33) to the Standing Orders of the States of Jersey.  P.59/2017. Lodged: 21st June 2017, Privileges and Procedures Committee.

Note: Because of the requirement for a four-week lodging period, the draft Act cannot be debated before Wednesday 19th July 2017. If other business on the Order Paper for 18th July 2017 is completed before 19th July, the Chairman of the Privileges and Procedures Committee 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.

  1. ARRANGEMENT OF PUBLIC BUSINESS 12th September 2017

States  Members'  Remuneration  Review  Body:  implementation  of  pay P.39/2017. recommendations.

Lodged: 19th May 2017, Privileges and Procedures Committee.

Draft Education (Amendment No. 3) (Jersey) Law 201-.  P.56/2017. Lodged: 19th June 2017, Minister for Education.

States'  approval  for  household  liquid  or  solid  waste  charges  prior  to P.57/2017. implementation.

Lodged: 20th June 2017, Minister for Infrastructure.

Health and Social Care System: a new governance model.  P.60/2017. Lodged: 23rd June 2017, Council of Ministers.

States  of  Jersey  Budget  2017:  allocation  of  funds  for  Parish  infrastructure P.61/2017. projects.

Lodged: 28th June 2017, Connétable of St. Helier .

Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker P.62/2017. of the States.

Lodged: 4th July 2017, Deputy M. Tadier of St. Brelade .

United Nations Convention on the Rights of the Child: compliance of draft Laws P.63/2017. and training of States of Jersey employees.

Lodged: 7th July 2017, Deputy L.M.C. Doublet of St. Saviour .

Draft Act annulling the Motor Traffic (Cabs – Fares and Charges) (Jersey) Order P.64/2017. 2017.

Lodged: 7th July 2017, Senator S.C. Ferguson.

Draft Customs and Excise (Amendment No. 8) (Jersey) Law 201-.  P.65/2017. Lodged: 12th July 2017, Minister for Home Affairs.

* Draft Road Traffic (No. 63) (Jersey) Regulations 201-.  P.67/2017. Lodged: 17th July 2017, Minister for Infrastructure.

10th October 2017

Draft Liquor Licensing (Jersey) Law 201-.  P.54/2017. Lodged: 7th June 2017, Minister for Economic Development, Tourism, Sport and

Culture.

Draft Liquor Licensing (Jersey) Law 201- (P.54/2017): amendment.  P.54/2017. Lodged: 4th July 2017, Senator Sir P.M. Bailhache .  Amd.

31st October 2017

* Draft Public Health and Safety (Rented Dwellings) (Jersey) Law 201-.  P.66/2017. Lodged; 17th July 2017, Minister for the Environment.

L.-M. HART Deputy Greffier of the States

17th July 2017 Note –

In accordance with the meeting dates fixed for 2017 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 19th and Thursday 20th July 2017.

An asterisk * in the left-hand margin denotes either a new item added to this Order Paper since the Order Paper was first published on 13th July 2017, or an item which has been altered or moved.

Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)

R&O.76/2017.

Dormant Bank Accounts (Notices, Fees and Terms of Agency) (Jersey) Order 2017.

This Order makes provision for the purposes of the Dormant Bank Accounts (Jersey) Law 2017.

Article 1 defines "the Law" to mean that Law and "transferred dormant account balance" to mean the amount transferred by a bank to the Jersey Reclaim Fund established under Part 3 of the Law in respect of a dormant account.

Article 2 sets out the information that the bank is required to include in a notice to the Chief Minister under Article 7(1) of the Law in respect of dormant accounts and prescribes the form of the notices concerning the dormant accounts held and the intended transfers of the balances of those accounts.

Article 3 makes provision for the notices to be given to the Chief Minister under Article 12 of the Law as to the repayments made by the bank and the certified amounts of reclaim under Article 13 of the Law.

The various notices prescribed for the purposes of Articles 2 and 3 are set out in Schedule 1.

Article 4 prescribes the exchange rate for converting foreign currencies into Jersey currency as being the prevailing exchange rate on the day of the conversion.

Article 5 empowers the Chief Minister to charge a fee for processing claims where there is no bank able to deal with an account holder.

Article 6 and Schedule 2 provide for the terms that apply to any agency agreement between the Chief Minister on behalf of the Fund and a bank with which a dormant account was held at the time of transfer to the Fund.

Article 7 prescribes the notices to be given to the Chief Minister in the case of accounts that are dormant when the relevant part of the Law commences, which notices are also set out in Schedule 1.

Article 8 names the Order and provides for its commencement.

The Order was made on 13th July 2017 and came into force on 17th July 2017.