This content has been automatically generated from the original PDF and some formatting may have been lost. Let us know if you find any major problems.
Text in this format is not official and should not be relied upon to extract citations or propose amendments. Please see the PDF for the official version of the document.
STATES OF JERSEY ORDER PAPER
4th 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 External Relations two Ministers Minister for Infrastructure
Statements
Chief Minister, regarding the report of the Independent Jersey Care Inquiry
Approx. 2.15 p.m. Draft Official Publications (Amendment No. 2) (Jersey) Law 201-
(P.32/2017)
Draft Sea Fisheries (Inshore Waters) (Amendment No. 3) (Jersey) Regulations 201- (P.37/2017)
Draft Air Navigation (Rules of the Air) (Jersey) Regulations 201- (P.40/2017)
Medium Term Financial Plan 2017 – 2019: amendment to funding for fee-paying schools (P.41/2017)
Draft Amendment (No. 31) of the Standing Orders of the States of Jersey (P.43/2017)
Jersey Ethical Care Charter (P.48/2017)
Jersey Ethical Care Charter (P.48/2017): amendment (P.48/2017 Amd.)
Jersey Ethical Care Charter (P.48/2017): second amendment (P.48/2017 Amd.(2))
Note: Because of the requirement for a one-week lodging period, the amendment cannot be debated before Monday 10th July 2017. Deputy Southern has therefore 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 Dormant Bank Accounts (Jersey) Law 2017 (Appointed Day) Act 201- (P.49/2017)
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 5th July 2017, if necessary.
STATES OF JERSEY ORDER PAPER
4th JULY 2017 CONSOLIDATED
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Control of Housing and Work (Fees) (Amendment) (Jersey) Order 2017. R&O.61/2017. Chief Minister.
[Signed by Assistant Chief Minister, Senator P.F. Routier, M.B.E., for and on
behalf of the Chief Minister.]
Motor Traffic (Cabs – Fares and Charges) (Jersey) Order 2017. R&O.62/2017 Minister for Infrastructure. (renumbered).
* Health Insurance (Pharmaceutical Benefit Advisory Committee) (Jersey) Order R&O.63/2017. 2017.
Minister for Social Security.
* IMncoinimste Supporer for Soct (ialG eneSecrualri Ptyr.ovisions) (Amendment No. 20) (Jersey) Order 2017. R&O.64/2017.
- DOCUMENTS PRESENTED
Medium Term Financial Plan 2017 – 2019: amendment to funding for fee-paying P.41/2017. schools (P.41/2017) – comments. Com. Presented: 30th June 2017, Education and Home Affairs Scrutiny Panel.
* Independent Jersey Care Inquiry Report. R.59/2017. Presented: 3rd July 2017, Independent Jersey Care Inquiry.
Jersey Charity Commissioner: appointment. R.74/2017. Presented: 26th June 2017, Chief Minister.
States of Jersey Law 2005: delegation of functions – Chief Minister to Assistant R.75/2017. Minister – Charities (Jersey) Law 2014.
Presented: 26th June 2017, Chief Minister.
Oversight of Arm's Length Organisations. R.76/2017. Presented: 29th June 2017, Comptroller and Auditor General.
Tourism Development Fund: Annual Report 2016. R.77/2017. Presented: 30th June 2017, Minister for Economic Development, Tourism, Sport and
Culture.
Review of eGov. P.A.C.1/2017. Presented: 28th June 2017, Public Accounts Committee.
- NOTIFICATION OF LODGED PROPOSITIONS
* 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)
* DLodgraft Liqed: 4tuorh LJuilcey 2017, nsing (SenJeratseor Sy) Lawir P. 201M. Ba- (P.54/201ilhache. 7): amendment. P.54/201Amd.7.
States of Jersey Budget 2017: allocation of funds for Parish infrastructure projects. P.61/2017. Lodged: 28th June 2017, Connétable of St. Helier .
- WITHDRAWAL OF LODGED PROPOSITIONS
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
1(372) 1. Deputy R. Labey of St. Helier will ask a question of the Chief Minister regarding actions taken to
address concerns expressed in Jersey Appointments Commission: Annual Report for 2016' (R.56/2017).
1(373) 2. The Deputy of St. John will ask a question of the Minister for Social Security regarding Social
Security contributions over the last 10 years from people entering work who have moved to Jersey. 1(374) 3. The Deputy of St. John will ask a question of the Minister for Treasury and Resources regarding
the Income Tax paid over the last 10 years by people entering work who have moved to Jersey.
1(375) 4. Deputy S.Y. Mézec of St. Helier will ask a question of the Minister for Social Security regarding
the publication date of a report by Oxera on the potential impact of a significant rise in the minimum wage.
1(376) 5. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Social Security regarding
the implications of the U.K.'s Independent Review of Employment Practices in the Modern Economy for Jersey.
1(377) 6. Deputy R. Labey of St. Helier will ask a question of the Minister for Education regarding the staff
of Highlands College.
1(378) 7. The Deputy of St. Ouen will ask a question of the Minister for Health and Social Services regarding
reviews of Children's Services by external organisations.
1(379) 8. The Deputy of St. Ouen will ask a question of the Minister for Health and Social Services regarding
referrals to Children's Services.
1(380) 9. The Deputy of St. Ouen will ask a question of the Chief Minister regarding the bringing forward of
the next Jersey Income Distribution Survey.
1(381) 10. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Housing regarding the
provision of information on the website of Andium Homes about average rents.
1(382) 11. Deputy M.R. Higgins of St. Helier will ask a question of the Minister for Home Affairs regarding
investigations undertaken by the Jersey Police Complaints Authority.
1(383) 12. Deputy M.R. Higgins of St. Helier will ask a question of H.M. Attorney General regarding the legal
powers of the Lieutenant Governor in respect of Crown appointments.
1(384) 13. Deputy M.R. Higgins of St. Helier will ask a question of the Minister for Health and Social Services
regarding the number of people receiving treatment from the Drug and Alcohol Service.
1(385) 14. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding meetings
undertaken by the former Assistant Chief Minister with responsibility for financial services, digital, competition and innovation.
1(386) 15. Deputy M.R. Higgins of St. Helier will ask a question of H.M. Attorney General regarding the
legislation underpinning the Law Officers' advisory role to the Council of Ministers, Departments and the States Assembly.
1(387) 16. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Social Security regarding
future spending on the rental component of Income Support.
1(388) 17. Deputy S.Y. Mézec of St. Helier will ask a question of the Minister for Economic Development,
Tourism, Sport and Culture regarding spending by the Department and Locate Jersey in relation to High Value Resident applications.
1(389) 18. Deputy G.P. Southern of St. Helier will ask a question of the Chief Minister regarding the
employment of inward migrants in 2016.
1(390) 19. Deputy G.P. Southern of St. Helier will ask a question of the Chief Minister regarding the pay offer
to public sector employees.
1(391) 20. The Deputy of St. John will ask a question of the Minister for Social Security regarding the
repayments made by Income Support claimants following overpayment.
1(395) 21. The Deputy of Grouville will ask a question of the Minister for the Environment regarding the
administration of the contribution to the Eastern Cycle Network.
- – Oral Questions (120 minutes)
Note: Question 11 was inadvertently missed from the Principal Order Paper and the subsequent questions have therefore been re-numbered accordingly. The respondents for Questions 4 and 8 were incorrectly shown on the Principal Order Paper and the correct respondents are now indicated.
1(401) 1. Deputy G.J. Truscott of St. Brelade will ask the following question of the Minister for Education –
"Following a major roof leak at Les Quennevais School last week, resulting in the school being closed for two days due to safety concerns, will the Minister agree to instruct Jersey Property Holdings to carry out a thorough inspection of the school to ensure that it is safe and fit for purpose?"
1(404) 2. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social
Security –
"Is it the Minister's assessment that the current sums required for the Income Support rental component under the Housing Transformation Plan are sustainable in the medium to long term; if so, will she explain why; and if not, will she inform members what measures she has under consideration to ensure that taxpayers' money is not used to support high rents?"
1(400) 3. Deputy A.D. Lewis of St. Helier will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"Will the Minister advise what initiatives, if any, his Department has to promote the concept of buying local' to ensure that local businesses have the best possible opportunity to compete in the local market place?"
1(394) 4. The Connétable of St. John will ask the following question of the Minister for Home Affairs –
*
"Will the Minister confirm, and provide for members written confirmation from the Chief Fire Officer, that the cladding used on all high-rise residences in Jersey has been tested; and that the Chief Fire Officer is satisfied that the cladding used is not flammable?"
1(399) 5. The Deputy of Grouville will ask the following question of the Minister for the Environment –
"Given that work has previously been undertaken on advancing the concept of pharmaceutical crops being grown in Jersey, will the Minister explain if this matter is still being researched and, if so, whether any progress has been made in this respect?"
1(412) 6. Senator P.F.C. Ozouf will ask the following question of H.M. Attorney General –
"Does the legal requirement of collective responsibility apply to the Council of Ministers in respect of a vote of no confidence proposition in the Chief Minister?"
1(392) 7. Deputy R. Labey of St. Helier will ask the following question of the Minister for Education –
"What measures is the Minister considering to enhance staff confidence in the management of Highlands College and the Education Department, including external, independent intervention?"
1(407) 8. Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
*
"Further to oral question 1(290), will the Chief Minister confirm whether any Human Rights audits undertaken by the Judicial Greffe, or other public authority, explicitly included all of the courts and tribunals listed in the answer to written question 1(260); if so, will he request the Judicial Greffe to publish the audits that were carried out; and, if not, will he explain why not?"
1(409) 9. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Infrastructure – "What action, if any, is the Minister taking to repair and maintain Liberation Square?"
1(398) 10. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Health and
Social Services –
"In the light of the Minister's commitment to parity of treatment for mental and physical health problems, will the Minister state whether local mental health nurse trainees are charged fees, when other nurse trainees are not and, if that is so, will he explain why?"
1(405) 11. The Deputy of St. Mary will ask the following question of H.M. Attorney General –
*
"Will H.M. Attorney General indicate whether the term non-household' appears in the Drainage (Jersey) Law 2005, and, if not, whether the Minister for Infrastructure will have legal power under Article 4 of that Law, once brought into effect, to levy what the Council of Ministers describes in its Report to P.38/2017 as non-householder user pays charges for liquid waste services'?"
1(402) 12. Deputy M. Tadier of St. Brelade will ask the following question of the Chief Minister –
"Does the Chief Minister accept all of the recommendations made by the Independent Jersey Care Inquiry; and if not, why not?"
1(406) 13. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"To what extent, if any, do the 2016 estimates for population, along with net migration, support his efforts to grow the economy and, in particular, to increase productivity?"
1(403) 14. Deputy M. Tadier of St. Brelade will ask the following question of the Chief Minister –
"Will the Chief Minister provide his analysis of the prospects for economic growth in the short to medium term, given the contrast between the £24 million of additional tax revenue revealed in States of Jersey Financial Report and Accounts 2016' (R.67/2017) and the reduction in productivity revealed in the Survey of Financial Institutions' for 2016?"
1(410) 15. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for the
Environment –
"What action, if any, is the Minister taking to dissuade people from using chemicals such as glyphosate in public areas?"
1(393) 16. Deputy R. Labey of St. Helier will ask the following question of the Chief Minister –
"What assessment has the Chief Minister made of the efforts made to recruit people with a broader, more diverse range of backgrounds to States committees and boards and what measures, if any, is he proposing to ensure more diverse recruitment to such bodies?"
1(411) 17. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Education –
"Following the closure of Les Quennevais School for two days due to essential building works needing to be undertaken after parts of the roof were damaged, what update can the Minister give the Assembly on the progress being made on building a new school?"
1(408) 18. Deputy M.R. Higgins of St. Helier will ask the following question of H.M. Attorney General –
"Further to his answer to written question 1(260), will H.M. Attorney General advise whether or not any formal Human Rights audit checks have been carried out on the Law Officers' Department, the prosecution service and the Honorary Police either prior to, or after, the introduction of the Human Rights (Jersey) Law 2000; if so, will he publish the audits and, if not, will he explain why not?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for External Relations
2nd question period – Minister for Infrastructure
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
Note: The Chairman of the Public Accounts Committee has withdrawn his intention to make a statement and it is consequently no longer listed.
The Chief Minister will make a statement regarding the report of the Independent Jersey Care Inquiry.
- PUBLIC BUSINESS
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 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.
Medium Term Financial Plan 2017 – 2019: amendment to funding for fee-paying P.41/2017. schools (P.41/2017) – comments. Com. Presented: 30th June 2017, Education and Home Affairs Scrutiny Panel.
* 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)
Note: Because of the requirement for a one-week lodging period, the amendment cannot be debated before Monday 10th July 2017. Deputy Southern has therefore 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 the meeting of 4th July 2017.
- ARRANGEMENT OF PUBLIC BUSINESS 6th July 2017
Report of the Independent Jersey Care Inquiry (consideration in committee')
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.
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 Control of Housing and Work (Amendment of Law – Annual Charges) P.53/2017. (Jersey) Regulations 201-.
Lodged: 6th June 2017, Chief Minister.
Note: Because of the requirement for a six-week lodging period, the draft Law 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 Minister for Economic Development, Tourism, Sport and Culture 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 Liquor Licensing (Jersey) Law 201- (P.54/2017): amendment. P.54/2017. Lodged: 4th July 2017, Senator Sir P.M. Bailhache . Amd.
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.
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 .
DR. M. EGAN Greffier of the States
3rd 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 5th 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 29th June 2017, or an item which has been altered or moved.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.63/2017.
Health Insurance (Pharmaceutical Benefit Advisory Committee) (Jersey) Order 2017.
This Order establishes a Pharmaceutical Benefit Advisory Committee (the "Committee") and provides for its membership and related matters.
Article 1 contains definitions of terms used in the Order.
Article 2 establishes the Committee and who are to be its members, providing for them to be appointed by the Minister, nominated by various bodies or to serve by virtue of their existing employment. There are provisions about who is ineligible for appointment, for the filling of casual vacancies, for the appointment of a vice chairperson and for members to appoint deputies to attend in their absence.
Article 3 provides for the terms of service and terms of appointment of the chairman and some members. Article 4 provides for the appointment and remuneration of a secretary to the Committee.
Article 5 provides for the quorum and recording of votes of the Committee.
Article 6 makes a transitional provision for persons appointed to the Committee succeeded by this Committee and Article 7 names the Order and provides for its commencement.
The Order was made on 30th June 2017 and comes into force on 7th July 2017.
R&O.64/2017.
Income Support (General Provisions) (Amendment No. 20) (Jersey) Order 2017.
This Order amends the Income Support (General Provisions) (Jersey) Order 2008 (the "principal Order" as defined in Article 1) to make provision for assessments of impairment and approvals of care packages in respect of claims for the impairment component of income support.
Article 2 amends the long title to include the Order making power provided by Article 5 of the Income Support (Jersey) Law 2007 as amended by the Income Support (Amendment No. 2) (Jersey) Law 2017.
Article 3 amends Article 1 of the principal Order to insert a definition for the term "approved registered person".
Article 4 inserts a new Part 2A, comprising Articles 5A and 5B, into the principal Order.
Article 5A provides for assessments of the nature and degree of impairment and approval of care packages required by the Minister under Article 5(3A) of the Income Support (Jersey) Law 2007 to be made or given, as the case may be, by an approved registered person. Article 5A also provides for notifications regarding an assessment or approval to be given to the person being assessed; for reassessment of an assessment or a decision regarding approval by another approved registered person; and for a review on medical grounds by the Medical Appeal Tribunal.
Article 5B provides for a nurse, a social worker, an occupational therapist or a medical practitioner to be eligible for approval as an approved registered person and sets out procedures for approval by the Minister and for appeal to the Royal Court by a person aggrieved by a decision or determination of the Minister in respect of a refusal of an application for approval or discontinuation of status as an approved registered person. Provision is made for the decision of the Royal Court on hearing an appeal under Article 5B to be final and without further appeal.
Article 5 amends Article 7 of the principal Order to provide an exception to the power of the determining officer to require information or documents or an assessment in the case of a claim for entitlement of a household to the personal care element in respect of a member of the household referred to in paragraph 6(1)(d) of Schedule 1 to the Income Support (Jersey) Regulations 2007.
Article 6 amends Article 14 of the principal Order to provide for a review on medical grounds of a reassessment under Article 5A of the principal Order by the Medical Appeal Tribunal.
Article 7 amends Article 18 of the principal Order to provide for the decision of the Royal Court on hearing an appeal under that Article to be final and without further appeal.
Article 8 sets out the title of this Order and provides for it to come into force on 1st July 2017. The Order was made on 30th June 2017 and came into force on 1st July 2017.