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STATES OF JERSEY ORDER PAPER
6th JUNE 2017
SUMMARY
9.30 a.m. Communications by the Presiding Officer and other announcements Appointments, matters of privilege, petitions (if any)
Nomination of Deputy S.M. Wickenden of St. Helier as a member of the Privileges and Procedures Committee who is either a Minister or Assistant Minister.
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 Housing
two Ministers Minister for Social Security
Statements (if any)
Approx. 12.10 p.m. Draft EU Legislation (Information Accompanying Transfers of Funds)
(Jersey) Regulations 201- (P.31/2017)
Draft States of Jersey (Amendment No. 9) Law 201- (P.18/2017)
Draft States of Jersey (Amendment No. 9) Law 201- (P.18/2017) – amendment (P.18/2017 Amd.)
Draft States of Jersey (Amendment No. 9) Law 201- (P.18/2017) – second amendment (P.18/2017 Amd.(2))
Draft Income Support (Amendment No. 15) (Jersey) Regulations 201-. (P.23/2017)
Chief Minister: term limit (P.24/2017)
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 7th and Thursday 8th June 2017, if necessary.
STATES OF JERSEY ORDER PAPER
6th JUNE 2017 CONSOLIDATED
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Road Traffic (Public Parking Places) (Miscellaneous Amendments No. 4) (Jersey) R&O.54/2017. Order 2017.
- DOCUMENTS PRESENTED
La Collette Low Rise Development: protection of existing amenity space and P.22/2017. trees – direction to Andium Homes Ltd. (P.22/2017) – comments. Com. Presented: 2nd June 2017, Council of Ministers.
Disability Strategy for Jersey. R.57/2017. Presented: 26th May 2017, Council of Ministers.
Land Transactions under Standing Order 168(3) – 1st Floor, International House, R.58/2017. 41 The Parade, St. Helier – lease.
Presented: 26th May 2017, Minister for Infrastructure.
Land Transactions under Standing Order 168(3) – Field 87, Le Champ de Girard, R.60/2017. Les Quennevais, La Rue Carrée, St. Brelade – proposed freehold acquisition.
Presented: 31st May 2017, Minister for Infrastructure.
* Land (a) ATparranstmaentcti Nons o.unde5, Blrock StandiH, Lesng OQrdeuennr 168evai(3)s Pa– rk, St. Brelade – transfer of the R.62/2017. Public's flying-freehold ownership and cancellation of existing 99-year lease;
- Liberté House, 19–23 La Motte Street, St. Helier – 9-year lease;
- transfer of La Rue Voisin, St. Brelade , to the Parish of St. Brelade , and ratification of boundary;
- Grève de Lecq Tower, St. Ouen – 9-year lease.
Presented: 5th June 2017, Minister for Infrastructure.
* States Employment Board: combined Annual Report 2015/2016. R.63/2016. Presented: 6th June 2017, States Employment Board.
* 2017 Electoral Reform. S.R.6/2017. Presented: 5th June 2017, Corporate Services Scrutiny Panel.
Tertiary Education: Student Finance (S.R.2/2017) – response of the Minister for S.R.2/2017. Treasury and Resources. Res. Presented: 2nd June 2017, Minister for Treasury and Resources.
- NOTIFICATION OF LODGED PROPOSITIONS
States of Jersey Police Non-Contributory Pension Scheme: payment of widows' P.44/2017. pensions.
Lodged: 25th May 2017, States Employment Board.
Draft Counter-Terrorism and Security (Miscellaneous Amendments) (Jersey) Law P.47/2017. 201-.
Lodged: 1st June 2017, Minister for Home Affairs.
* Jersey Ethical Care Charter. P.48/2017. Lodged: 6th June 2017, Deputy G.P. Southern of St. Helier .
* DLodgraft Ded:or 6tmhantJune Bank 2017, AccCouhintef s M(Jinerissetery). Law 2017 (Appointed Day) Act 201-. P.49/2017.
* DLodgraft Aed:m 6tendh Jmuneent 2017, (No. 32Pri) ofvilege the Sts and Prandingoce Odrderures ofs Cotmhe Stmittaete.es of Jersey. P.50/2017.
* Draft Armed Forces (Offences and Jurisdiction) (Jersey) Law 201-. P.51/2017. Lodged: 6th June 2017, Minister for Home Affairs.
* DLodgraft Ced:r 6timhinalJune Pro 2017, cedurMe (iBniaistler) (fJeor Homrsey) Lawe Af 201fairs-.. P.52/2017.
- WITHDRAWAL OF LODGED PROPOSITIONS
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
Nomination of Deputy S.M. Wickenden of St. Helier as a member of the Privileges and Procedures Committee who is either a Minister or Assistant Minister.
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
1(308) 1. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Housing regarding an
update on information presented in Housing Strategy: Consultation Document – October 2015' (R.116/2015).
1(309) 2. Deputy G.P. Southern of St. Helier will ask a question of the Chief Minister regarding the impact
of public sector pay policies and claims.
1(310) 3. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Social Security regarding
the prospect of additional support for recipients of Income Support who cannot find employment. 1(311) 4. Deputy M.R. Higgins of St. Helier will ask a question of H.M. Attorney General regarding the
duties and roles of the Law Officers in relation to Ministers, members and the Assembly and
potential conflicts between any of these three groups.
1(313) 5. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding the decision
to withdraw Future Hospital Funding Strategy' (P.130/2016), as amended.
1(314) 6. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding the
application of collective responsibility to decisions of the Council of Ministers.
1(315) 7. Deputy M.R. Higgins of St. Helier will ask a question of the Minister for Treasury and Resources
* regarding progress in the provision of new headquarters for the Jersey Sea Cadets.
1(316) 8. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Health and Social Services
regarding measures under consideration in light of the continuing absence of a resolution to the dispute between care staff and the management of Family Nursing and Home Care.
1(317) 9. Deputy G.P. Southern of St. Helier will ask a question of the Chief Minister regarding statistics in
respect of the number of care workers arriving in the Island since 2012.
1(318) 10. Deputy R. Labey of St. Helier will ask a question of the Minister for Infrastructure regarding
consultations, reviews and studies undertaken since 1977 in respect of Fort Regent.
- – Oral Questions (120 minutes)
* Note: The questions submitted by Deputy K.C. Lewis of St. Saviour (numbered 11 and 15 on the Principal Order Paper) have been withdrawn and the remaining questions have been renumbered accordingly.
1(324) 1. Deputy J.A. Martin of St. Helier will ask the following question of the Chief Minister –
"When did the Chief Minister make the decision to re-appoint Senator Ozouf as one of his Assistant Ministers, did he consult the Council of Ministers before doing so and, if so, was there unanimous support for the decision?"
1(334) 2. The Connétable of St. John will ask the following question of the Minister for Treasury and
Resources –
"Will the Minister explain what timeline was followed for introducing short-term borrowing into the equation as an option for funding the Future Hospital?"
1(330) 3. Senator S.C. Ferguson will ask the following question of the Chief Minister –
"Will the Chief Minister explain whether any changes have been made to the structure or workings of the Economics Unit, or whether any such changes are being considered?"
1(332) 4. Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Chief Minister –
"In the absence of a published response to the Scrutiny Panel's report, S.R.2/2017, will the Chief Minister advise the Assembly what the terms of reference will be for the Ministerial Sub-Committee tasked with finding a solution to the problems of financing students and provide an update on any progress made to date?"
1(307) 5. The Deputy of Grouville will ask the following question of the Minister for Treasury and
Resources –
"Will the Minister, as shareholder representative, clarify whether the description by the States of Jersey Development Company in its Annual Report and Accounts for 2016 of "the disposal" of properties simply means the sale of freeholds or does it include the sale of any leaseholds the Company administers on behalf of the public of Jersey?"
1(329) 6. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"In light of recent statements from the Chief Minister about the good state of the economy, will the Chief Minister bring to an end the policy of below-inflation pay offers either to be agreed by, or imposed on, the public sector workforce; and will he inform members what offer he has under consideration for the 4-year period 2017 to 2020, taking into account inflation estimates for this period?"
1(320) 7. Deputy R. Labey of St. Helier will ask the following question of the Minister for Treasury and
Resources –
"Further to the presentation of R.48/2017, will the Minister, as shareholder representative, advise whether South Hill and St. Saviour 's Hospital have been subsumed into the States of Jersey Development Company's portfolio and, if so, for what purpose?"
1(322) 8. The Deputy of St. Ouen will ask the following question of the Minister for Social Security –
"Given that the adult component of Income Support has been held at £92.12 since 2010, during which time the Retail Price s Index has risen by more than 16%, will the Minister explain how her proposal to increase the component by 2.9% will alleviate the financial hardship of persons unable to work through illness or disability?"
1(331) 9. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Health and
Social Services –
"What is the Minister's assessment of the appropriateness of the use of zero-hour contracts and of payment only for contact time (and not travel time) for care workers employed by providers on the Approved Provider Framework?"
1(328) 10. Deputy J.A.N. Le Fondré of St. Lawrence will ask the following question of the Chief Minister –
"Following the withdrawal of P.130/2016, as amended, just before the Assembly's last meeting, will the Chief Minister explain why he supported the decision and provide an update as to the timing of when any new proposals from the Council of Ministers will be lodged?"
1(335) 11. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Social Security –
"Further to a U.K. employment tribunal ruling of 28th October 2016 that Uber drivers were employed, and not self-employed, and therefore needed to be paid a national living wage, what implications, if any, has this had for the Minister's Department?"
1(321) 12. Deputy R. Labey of St. Helier will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"Is the Minister's decision not to go it alone with the proposed Guernsey-Jersey passenger-only ferry link based solely on the business case or financial projections or on a point of principle that Jersey should not be the sole funder of a project which would also benefit Guernsey?"
1(336) 13. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social
Security –
"To what extent, if any, have the proposals in the Draft Income Support (Amendment No. 16) (Jersey) Regulations' (P.45/2017) addressed the recommendation in paragraph 20 of the Scrutiny Report Living on Low Income' (S.R.4/2016) relating to the benefit trap'?"
1(333) 14. Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Minister for Home
Affairs –
"In the light of recent changes in other jurisdictions and following the publication of Cannabis: the Evidence for Medical Use' (known as the Barnes Report'), is the Minister considering any changes to the Island's current drugs policy?"
1(337) 15. Deputy J.A.N. Le Fondré of St. Lawrence will ask the following question of the Chief Minister –
"Will the Chief Minister expand upon his comments at a quarterly hearing with the Corporate Services Scrutiny Panel on 7th March 2016 (and more recent pronouncements) that consideration was being given to whether the delivery models for health and education services currently in place were the most appropriate ones?"
1(325) 16. Deputy J.A. Martin of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister explain his own involvement in the decision to withdraw P.130/2016, as amended, and will he inform the Assembly whether any extra information or advice on this matter was given to the Council of Ministers by any person or company not retained as a financial expert by the Council or Minister for Treasury and Resources?"
1(323) 17. The Deputy of St. Ouen will ask the following question of the Chief Minister –
"Further to his answer to oral question 1(230), will the Chief Minister update the Assembly on what steps, if any, he has taken since 18th April 2017 to bring forward the next Jersey Income Distribution Survey?"
- – Questions to Ministers without notice (30 minutes) – 1st question period – Minister for Housing
2nd question period – Minister for Social Security
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Draft EU Legislation (Information Accompanying Transfers of Funds) (Jersey) P.31/2017. Regulations 201-.
Lodged: 25th April 2017, Chief Minister.
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 .
La Collette Low Rise Development: protection of existing amenity space and trees – P.22/2017. direction to Andium Homes Ltd. (P.22/2017) – comments. Com. Presented: 2nd June 2017, Council of Ministers.
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.
- ARRANGEMENT OF PUBLIC BUSINESS 20th June 2017
Immigration (Amendment) (Jersey) Order 2017: extension to Jersey by P.26/2017. Order in Council.
Lodged: 11th April 2017, Chief Minister.
Draft Amendment (No. 31) of the Standing Orders of the States of Jersey. P.43/2017. Lodged: 23rd May 2017, Privileges and Procedures Committee.
Jersey Innovation Fund R.3/2017. / R.45/2017. (Consideration in Committee'.)
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.
* Jersey Ethical Care Charter. P.48/2017. Lodged: 6th June 2017, Deputy G.P. Southern of St. Helier .
* DLodgrafted: Do 6trmh anJunet B 2017, ank ACcchounief Mts in(iJersterse. y) Law 2017 (Appointed Day) Act 201-. P.49/2017.
18th July 2017
Draft Drainage (Jersey) Law 2005 (Appointed Day) Act 201-. P.38/2017. Lodged: 18th May 2017, Council of Ministers. (re-issue) Counter-Terrorism and Security Act 2015: extension to Jersey by Order in P.42/2017. Council.
Lodged: 23rd May 2017, Chief Minister.
States of Jersey Police Non-Contributory Pension Scheme: payment of widows' P.44/2017. pensions.
Lodged: 25th May 2017, States Employment Board.
Draft Counter-Terrorism and Security (Miscellaneous Amendments) (Jersey) P.47/2017. Law 201-.
Lodged: 1st June 2017, Minister for Home Affairs.
* Draft Amendment (No. 32) of the Standing Orders of the States of Jersey. P.50/2017. Lodged: 6th June 2017, Privileges and Procedures Committee.
* DLodgrafted: Ar 6tmhed JuneForc 2017, es (OMffienincesster andfor HomJuriesdi Afctfaiion) rs. (Jersey) Law 201-. P.51/2017.
* DLodgrafted: Cr 6timhiJnaunel P 2017, roceduMrieni (sBterai lf)or Hom(Jerseye) Af Lfaaiwrs 201. -. P.52/2017.
DR. M. EGAN Greffier of the States
5th June 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 7th and Thursday 8th June 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 1st 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.56/2017.
Road Traffic (Rue des Prés Trading Estate) (Jersey) Order 2017.
This Order sets out the parking restrictions that will apply to the public roads in the Rue des Prés Trading Estate ("Trading Estate").
Part 1 comprises Article 1, which is an interpretation provision. In particular, Article 1 defines "road" to mean the roads described in Schedule 1. Schedule 1 describes the public roads in the Trading Estate under the Voies de Grande Communication, Acte 1934 as amended by the Main Roads (Classification) (No. 29) (Jersey) Act 2017. Article 1 also defines "table" to mean the tables set out in Schedules 2 to 11. Each Schedule contains a table which specifies the parking restrictions that apply along one side of a public road in the Trading Estate. Collectively, the tables cover all the public roads in the Trading Estate. "Parking" is defined in Article 1 to mean leaving a vehicle, whether or not attended, on any part of a road specified in a table and includes stopping to unload goods but not stopping to set down or pick up passengers.
Part 2 sets out general restrictions on parking and comprises Articles 2 and 3. Article 2 sets out the parking restrictions that apply where a road is marked with a yellow line. The sections of public road marked with a yellow line in the Trading Estate are specified in column 1 of each table. Article 2 prohibits parking on that part of the road at any time. In addition, Article 2 prohibits parking at a bus-stop.
Article 3 allows the police to require any vehicle which is parked in contravention of this Order to be moved to another position and for any vehicle to be moved by the police in an emergency.
Part 3 comprises Articles 4 to 9 setting out provisions for pay card parking places.
Article 4 provides that the parts of a road specified in column 2 of a table are "pay card parking places". Article 5 enables the Minister to determine and mark the parking spaces within a pay card parking place.
Articles 6 to 9 set out the conditions and restrictions which apply to pay card parking places. These include payment of the prescribed charge (which is one unit for each hour) if the vehicle is parked between the hours of 8.00 a.m. and 5.00 p.m. on any day except Sunday and displaying a pay card showing that the charge has been paid between those hours. A vehicle cannot be parked in a pay card parking place for longer than an aggregate period of 12 hours between midnight and midnight the following day.
Part 4 comprises Article 10 to 15 setting out provisions for permit parking places.
Article 10 provides that the parts of a road specified in column 3 of a table are "permit parking places". Article 11 enables the Minister to determine the boundaries of a permit parking space.
Article 12 sets out the conditions for the issue of a permit. A permit for a particular permit parking place may be either "general" or "specific". Column 4 of a table specifies whether permits in respect of a particular permit parking space can be general or specific and column 5 specifies the maximum number of such permits that can be issued for a particular parking place. The issue of permits is at the Minister's discretion, but a person cannot be granted a general permit unless the person has ownership rights (including tenancy rights) of land in the Trading Estate. A person cannot be granted a specific permit unless the person has ownership rights in land immediately adjoining the road in respect of which the application is made. Before a permit can be issued, the first quarterly instalment fee must be paid.
Article 13 sets out the amount of permit fees. These are £1,479.72 per annum for a general permit and £739.92 per annum for a specific permit, payable in quarterly instalments.
Article 14 provides that a permit is valid from the date it is issued until the following 31st December but a permit is no longer valid from the date a person ceases to have the rights of ownership required for that permit specified in Article 12. If a person gives notice of surrender of a permit, the permit ceases to have effect when the next quarterly instalment is due 3 months or more after the date of the notice.
Article 15 provides that a vehicle which is parked in a permit parking place must display a permit and must not be parked in any part of the road adjacent to that permit parking place or in such a way to obstruct the entry or exit of vehicles from adjacent permit parking places or pay card parking places.
Part 5 comprises Articles 16 and 17.
Article 16 gives effect to Schedule 12 which makes consequential amendments to other Road Traffic Orders so as to remove restrictions in those Orders to public roads in the Trading Estate.
Article 17 sets out the title of the Order and provides that it will come into force on 6th June 2017. The Order was made on 1st June 2017 and comes into force on 6th June 2017.