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STATES OF JERSEY ORDER PAPER
23rd MAY 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 Education two Ministers Chief Minister
Statements (if any)
Approx. 11.30 a.m. Future Hospital Funding Strategy (as amended) (P.130/2016)
Future Hospital Funding Strategy (P.130/2016): second amendment (P.130/2016 Amd.(2))
Future Hospital Funding Strategy (P.130/2016): second amendment (P.130/2016 Amd.(2)) – amendment (P.130/2016 Amd.(2)Amd.)
Future Hospital Funding Strategy (P.130/2016): third amendment (P.130/2016 Amd.(3))
Future Hospital Funding Strategy (P.130/2016): fourth amendment (P.130/2016 Amd.(4))
Parish Rates: payment by the States of Jersey (P.12/2017)
Draft Public Finances (Amendment No. 5) (Jersey) Law 201- (P.15/2017)
Draft Public Finances (Amendment No. 5) (Jersey) Law 201- (P.15/2017): amendment (P.15/2017 Amd.)
Jersey Sport: establishment (P.21/2017)
Standing Orders: Answers to Questions (P.25/2017)
Jersey Employment and Discrimination Tribunal: appointment of Chairman and members (P.28/2017)
Regulation of care workers' employment standards (P.29/2017) 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 24th and Thursday 25th May 2017, if necessary.
STATES OF JERSEY ORDER PAPER
23rd MAY 2017 CONSOLIDATED
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
EU Legislation (Sanctions) (Miscellaneous Amendments – United Nations) (Jersey) R&O.52/2017. Order 2017.
Minister for External Relations.
* Immigration (Fees) (Jersey) Order 2017. R&O.53/2017. Minister for Home Affairs.
- DOCUMENTS PRESENTED
* Parish Rates: payment by the States of Jersey (P.12/2017) – comments. P.12/2017. Presented: 22nd May 2017, Minister for Treasury and Resources. Com.
* JePrersseeynt Sported: 2:2nd M establayishm 2017,ent (EconomP.21/2017ic Af) –faicomrs Smcrentutis.n y Panel. P.21/201Com7..
* Regulation of care workers' employment standards (P.29/2017): comments. P.29/2017. Presented: 22nd May 2017, Minister for Health and Social Services. Com.
Land Transactions under Standing Order 168(3) – Fields 86, 86A, 88 and 88A, Le R.47/2017. Champ de Girard, Les Quennevais, La Rue Carrée, St. Brelade – proposed freehold
Presented: 11th May 2017, Minister for Infrastructure.
Jersey New Waterworks Company Ltd.: Annual Report and Financial Statements R.49/2017. 2016.
Presented: 15th May 2017, Minister for Treasury and Resources.
Living Longer: Thinking Ahead – Consultation summary – Part 1. Social Security R.51/2017. and Income in Retirement.
Presented: 16th May 2017, Minister for Social Security.
Living Longer: Thinking Ahead – Consultation report – Part 1. Social Security and R.52/2017. Income in Retirement.
Presented: 16th May 2017, Minister for Social Security.
States of Jersey Complaints Board: findings – complaint against the States R.53/2017. Employment Board by Mrs. X regarding the way in which her request for ill-health
Presented: 18th May 2017, Privileges and Procedures Committee.
* Jersey Consumer Council: Annual Report for 2016. R.55/2017. Presented: 22nd May 2017, Minister for Economic Development, Tourism, Sport
and Culture.
* JePrersseeynt Aed:ppoi 23rntd mMaentys Com 2017, mCisshiiefon:M Aininnstualer. Report for 2016. R.56/2017.
Review of Nitrate Levels in Jersey's Water (S.R.3/2017): response of the Minister S.R.3/2017. for the Environment. Res. Presented: 19th May 2017, Minister for the Environment.
- NOTIFICATION OF LODGED PROPOSITIONS
Draft Health Insurance (Performers List for General Medical Practitioners) P.33/2017. (Amendment) (Jersey) Regulations 201-.
Lodged: 10th May 2017, Minister for Health and Social Services.
Draft States of Jersey (Transfer of Functions No. 9) (Health and Social Services to P.34/2017. Environment) (Jersey) Regulations 201-.
Lodged: 15th May 2017, Chief Minister.
Draft Sea Fisheries (Inshore Trawling, Netting and Dredging) (Amendment No. 4) P.36/2017. (Jersey) Regulations 201-.
Lodged: 16th May 2017, Minister for the Environment.
Draft Sea Fisheries (Inshore Waters) (Amendment No. 3) (Jersey) Regulations P.37/2017. 201-.
Lodged: 16th May 2017, Minister for the Environment.
Draft Drainage (Jersey) Law 2005 (Appointed Day) Act 201-. P.38/2017. Lodged: 18th May 2017, Council of Ministers. (re-issue) States Members' Remuneration Review Body: implementation of pay P.39/2017. recommendations.
Lodged: 19th May 2017, Privileges and Procedures Committee.
* Draft Air Navigation (Rules of the Air) (Jersey) Regulations 201-. P.40/2017. Lodged: 22nd May 2017, Minister for External Relations.
* Meschoodiumls. Term Financial Plan 2017 – 2019: amendment to funding for fee-paying P.41/2017. Lodged: 23rd May 2017, Minister for Education.
* Counter-Terrorism and Security Act 2015: extension to Jersey by Order in Council. P.42/2017. Lodged: 23rd May 2017, Chief Minister.
- WITHDRAWAL OF LODGED PROPOSITIONS
In accordance with Standing Order 34(1), the proposer of the following proposition lodged au Greffe' has informed the Greffier of the States that it is to be withdrawn –
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
1(279) 1. The Deputy of Grouville will ask a question of the Minister for Treasury and Resources regarding
communications with the board of the Jersey Electricity Company in respect of the Energy Plan and Standby Charge.
1(280) 2. Deputy J.M. Maçon of St. Saviour will ask a question of the Chief Minister regarding requirements
for the new Chief Executive Officer of the States of Jersey to have experience in electronic or digital services.
1(281) 3. The Deputy of St. John will ask a question of the Minister for Social Security regarding the child
component of Income Support.
1(282) 4. The Deputy of St. John will ask a question of the Minister for Treasury and Resources regarding
the income that would be lost in tax revenue by replacing the child allowance with a dependant's allowance'.
1(283) 5. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Health and Social Services
regarding potential changes to the structure and delivery of health and social care services.
1(284) 6. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Social Security regarding
the prevalence of zero-hour contracts.
1(285) 7. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Education regarding
projects funded from the pupil premium scheme.
1(286) 8. The Deputy of St. John will ask a question of the Minister for Education regarding the
re-introduction of Standard Assessment Tests at primary-school level.
1(287) 9. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Social Security regarding
the survey which underpinned the report entitled Living Longer: Thinking Ahead'.
1(288) 10. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Health and Social Services
regarding the survey which underpinned the report entitled Mental Health Quality Report 2017'. 1(289) 11. Deputy M.R. Higgins of St. Helier will ask a question of H.M. Attorney General regarding the role
of Jurats in a remise des biens.
1(290) 12. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding Human Rights
audits undertaken in respect of the practices and procedures of Jersey's courts and tribunals.
1(291) 13. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding the duties
and targets assigned to the former Assistant Chief Minister with responsibility for financial services, digital, competition and innovation matters.
1(292) 14. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding the
work-diary and travel of the former Assistant Chief Minister with responsibility for financial services, digital, competition and innovation matters.
1(293) 15. Deputy M.R. Higgins of St. Helier will ask a question of the Minister for Infrastructure regarding
the odour-control systems to be fitted to the new sewage treatment works at Bellozanne.
1(294) 16. Deputy L.M.C. Doublet of St. Saviour will ask a question of the Chief Minister regarding the
Ministerial Sub-Committee tasked with finding a solution to the problems of financing students.
- – Oral Questions (120 minutes)
1(297) 1. The Connétable of St. John will ask the following question of the Chief Minister –
"Further to a meeting held in March 2014 (described on page 28 of R.45/2017 and attended by the Chief Minister), which led to the formulation of Financial Directions for the Jersey Innovation Fund and an agreement to increase the level of risk' of loans not being repaid from 10% to 50%, will the Chief Minister explain why this was done without the Assembly being informed?"
1(298) 2. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Health and
Social Services –
"Given the contents of Cannabis: the Evidence for Medical Use' (in particular pages 31 to 33), will the Minister require the Medical Officer of Health to issue an apology and a correction following the Medical Officer's statement to BBC Radio Jersey on 3rd May 2017 that "there is no evidence [in the Barnes Report'] that smoked cannabis is effective"?"
1(295) 3. Deputy J.A. Martin of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister advise whether Senator Ozouf received a letter of appointment as one of his Assistant Ministers on 4th November 2014, before the Council of Ministers and Scrutiny Panel chairmen were appointed?"
1(302) 4. The Connétable of St. Helier will ask the following question of the Minister for Infrastructure –
"In relation to the new sewage treatment works in Bellozanne Valley, will the Minister explain what the relationship is, if any, between the Department's agent, Cascade, and Grontmij and Sweco, and will he also explain why a full-site lay-out of the proposed works was not part of the initial planning application?"
1(299) 5. Deputy J.A.N. Le Fondré of St. Lawrence will ask the following question of the Minister for
Treasury and Resources –
"Will the Minister advise whether there was, or was not, a deficit in the public finances when he took office at the end of 2014?"
1(305) 6. Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"In light of the States expenditure on public relations consultants, legal representation and civil service time in preparation for the publication of the Independent Jersey Care Inquiry's report, will the Chief Minister undertake to investigate what measures, if any, can be taken to ensure there is equality of arms' for all parties involved with the Inquiry to be able to respond to that report?"
1(300) 7. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Health and
Social Services –
"Given that a majority of Family Nursing and Home Care domestic care workers have rejected new terms and conditions offered by its management and the potential impact this could have on the delivery of the domestic care service, will the Minister advise what measures, if any, he is considering to ensure continuity, or a replacement, of this service, as previously assured?"
1(306) 8. Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister provide his assessment of whether the cost for litigants in person to access transcripts or recordings of court hearings and trials, and other limitations on such access, are appropriate and whether justice in Jersey is thereby available to those least able to afford legal representation; and, if his assessment is that they are appropriate, will he explain how?"
1(301) 9. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social
Security –
"Will the Minister explain the choice of the words "tighten benefit rules" as an option presented to members of the public under question 9 of the survey undertaken for the report Living Longer, Thinking Ahead'?"
1(303) 10. The Connétable of St. Helier will ask the following question of H.M. Attorney General –
"Given the impossibility in even the smallest Parish of accommodating all those entitled to attend a Parish Assembly within the Parish Hall , will H.M. Attorney General advise whether as a matter of law Parishes could make use of a referendum in making important decisions and, if so, under what conditions?"
- – Questions to Ministers without notice (30 minutes) – 1st question period – Minister for Education
2nd question period – Chief Minister
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Future Hospital Funding Strategy (as amended). P.130/2016 Lodged: 30th November 2016, Minister for Treasury and Resources. (re-issue (2))
Note: In accordance with Standing Order 86(a), the Minister for Treasury and Resources will move the proposition afresh, taking into account the amendment (as amended) already agreed by the Assembly when the proposition was first moved on 18th January 2017. Once the proposition, as amended, has been moved the Assembly will consider the subsequent amendments which have been lodged.
* Parish Rates: payment by the States of Jersey (P.12/2017) – comments. P.12/2017. Presented: 22nd May 2017, Minister for Treasury and Resources. Com.
* Jersey Sport: establishment (P.21/2017) – comments. P.21/2017. Presented: 22nd May 2017, Economic Affairs Scrutiny Panel. Com.
Standing Orders: Answers to Questions (P.25/2017) – comments. P.25/2017. Presented: 18th May 2017, Privileges and Procedures Committee. Com.
Jersey Employment and Discrimination Tribunal: appointment of Chairman and P.28/2017. members.
Lodged: 18th April 2017, Minister for Social Security.
* Regulation of care workers' employment standards (P.29/2017): comments. P.29/2017. Presented: 22nd May 2017, Minister for Health and Social Services. Com.
- ARRANGEMENT OF PUBLIC BUSINESS 6th June 2017
Note: The 2nd reading of the Draft Law will resume, following adoption of the principles on 2nd May 2017 and the subsequent referral to the Corporate Services Scrutiny Panel under Standing Order 72(1).
La Collette Low Rise Development: protection of existing amenity space and P.22/2017. trees – direction to Andium Homes Ltd.
Lodged: 31st March 2017, Connétable of St. Helier .
Chief Minister: term limit. P.24/2017. Lodged: 6th April 2017, Senator S.C. Ferguson.
Chief Minister: term limit (P.24/2017) – comments. P.24/2017. Presented: 18th May 2017, Privileges and Procedures Committee. Com. Draft States of Jersey Police Force (Amendment No. 2) Law 201-. P.30/2017. Lodged: 21st April 2017, Minister for Home Affairs.
Draft EU Legislation (Information Accompanying Transfers of Funds) (Jersey) P.31/2017. Regulations 201-.
Lodged: 25th April 2017, Chief Minister.
20th June 2017
* Immigration (Amendment) (Jersey) Order 2017: extension to Jersey by P.26/2017. Order in Council.
Lodged: 11th April 2017, Chief Minister.
4th July 2017
Draft Health Insurance (Performers List for General Medical Practitioners) P.33/2017. (Amendment) (Jersey) Regulations 201-.
Lodged: 10th May 2017, Minister for Health and Social Services.
Draft States of Jersey (Transfer of Functions No. 9) (Health and Social Services to P.34/2017. Environment) (Jersey) Regulations 201-.
Lodged: 15th May 2017, Chief Minister.
Draft Sea Fisheries (Inshore Trawling, Netting and Dredging) (Amendment No. 4) P.36/2017. (Jersey) Regulations 201-.
Lodged: 16th May 2017, Minister for the Environment.
Draft Sea Fisheries (Inshore Waters) (Amendment No. 3) (Jersey) Regulations P.37/2017. 201-.
Lodged: 16th May 2017, Minister for the Environment.
States Members' Remuneration Review Body: implementation of pay P.39/2017. recommendations.
Lodged: 19th May 2017, Privileges and Procedures Committee.
Draft Air Navigation (Rules of the Air) (Jersey) Regulations 201-. P.40/2017. Lodged: 22nd May 2017, Minister for External Relations.
* Medium Term Financial Plan 2017 – 2019: amendment to funding for fee-paying P.41/2017. schools.
Lodged: 23rd May 2017, Minister for Education.
18th July 2017
* Counter-Terrorism and Security Act 2015: extension to Jersey by Order in P.42/2017. Council.
Lodged: 23rd May 2017, Chief Minister.
DR. M. EGAN Greffier of the States
22nd May 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 24th and Thursday 25th May 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 18th May 2017, or an item which has been altered or moved.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.53/2017.
Immigration (Fees) (Jersey) Order 2017.
This Order, by virtue of Article 2(1) of the Immigration (Jersey) Order 2016, replaces the Immigration (Fees) (Jersey) Order 2010 (the "2010 Fees Order") which now lapses. This Order provides for certain immigration application fees which take effect from the date this Order is made, and also from 1st June 2017.
Article 1 is the interpretation provision which, in particular, defines the meaning of an "Article 3 or Refugee Convention application" and "specified human rights application" for the purposes of Article 4 which sets out certain exceptions where no fee need accompany an immigration application to which this Order applies.
Article 2 specifies the fees in respect of applications for leave to remain in Jersey (as defined in Article 1) for a limited period. In the case of an application by a work permit holder, or a dependant of such a worker, the fee is £664 for an application made before 1st June 2017 (which is the current fee set under the 2010 Fees Order), and from 1st June 2017, the fee rises to £677. This represents an increase of 1.9% and is line with fees chargeable under the UK Immigration and Nationality (Fees) Regulations 2017 (S.I.2017/515) (the "UK 2017 Fees Regulations") in respect of analogous immigration applications. In the case of applications by non-work permit holders or a dependant of such a person, the fee is £811 for an application made before 1st June 2017 (which is the current fee set under the 2010 Fees Order), and from 1st June 2017, the fee rises to £993. This represents an increase of 22.4% and is in line with fees chargeable under the UK 2017 Fees Regulations.
Article 3 specifies the fees in respect of applications by any person for leave to remain in Jersey for an indefinite period. In the case of an application made before 1st June 2017, the fee is £1,875 (which is the current fee set under the 2010 Fees Order), and from 1st June 2017, the fee rises to £2,297. This represents an increase of 22.5% and is in line with fees chargeable under the UK 2017 Fees Regulations.
Article 4 sets out the exceptions to the requirement to pay the fees under Article 2 or 3. The exceptions set out in Article 4(d) and (f) reproduce the current analogous exceptions available under the 2010 Fees Order. The remaining exceptions in this Article replace all the other exceptions in the 2010 Fees Order and reproduce certain exceptions set out in Schedule 2 to the UK 2017 Fees Regulations.
Article 5 provides for the title of this Order.
The Order was made on 19th May 2017 and came into force on being made.