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STATES OF JERSEY ORDER PAPER
14th FEBRUARY 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
two Ministers Minister for Infrastructure
Minister for the Environment
Statements (if any)
Approx. 12.10 p.m. Minister for Education: vote of censure (P.6/2017)
Television Licence Fee: exemption for Jersey residents aged 75 and over (P.117/2016)
Draft Bank (Recovery and Resolution) (Jersey) Law 201- (P.134/2016)
Draft The Law Society of Jersey (Amendment No. 4) Law 201- (P.136/2016)
Senators and Deputies: candidates' qualifications (P.1/2017)
Note: The Minister for External Relations has given notice of his intention, in accordance with Standing Order 26(7), to request the States to reduce the minimum lodging period in respect of this matter so that it may be considered at the present meeting.
Arrangement of public business at subsequent sittings
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 15th and Thursday 16th February 2017 if necessary.
STATES OF JERSEY ORDER PAPER
14th FEBRUARY 2017
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Taxation (Exchange of Information with Third Countries) (Date in Force (Austria, R&O.21/2017. Korea, Poland, Romania)) (Jersey) Order 2017.
Minister for External Relations.
- DOCUMENTS PRESENTED
Land Transactions under Standing Order 168(3) – Apartment No. 4, Block B, Les R.13/2017. Quennevais Park – Transfer of the Public's flying-freehold ownership and
cancellation of existing 99-year lease.
Presented: 7th February 2017, Minister for Infrastructure.
Jersey Competition Regulatory Authority: appointment of Non-Executive Director. R.15/2017. Presented: 9th February 2017, Chief Minister.
States Members' Remuneration from 2018: Recommendations of the States R.16/2017. Members' Remuneration Review Body.
Presented: 9th February 2017, Privileges and Procedures Committee.
Prison Board of Visitors: Chairman's Report 2016. R.18/2017. Presented: 10th February 2017.
Minister for Home Affairs.
Draft Budget 2017 (S.R.8/2016): response of the Minister for Treasury and S.R.8/2016. Resources. Res. Presented: 8th February 2017, Minister for Treasury and Resources.
- NOTIFICATION OF LODGED PROPOSITIONS
- 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(99) 1. The Chief Minister will table an answer to a question asked by Deputy J.A. Martin of St. Helier
regarding the portfolio of Assistant Chief Minister, Senator P.F. Routier M.B.E.
1(104) 2. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding reviews undertaken in respect of the Jersey Innovation Fund.
1(105) 3. The Minister for the Environment will table an answer to a question asked by Deputy M. Tadier of
St. Brelade regarding the development of a renewable energy strategy for Jersey.
1(106) 4. The Minister for Treasury and Resources will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding the decision of JT to invest in the Energous Coporation.
1(107) 5. The Chief Minister will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier
regarding concerns raised, or complaints made, about the negative social contribution of High Value Residents.
1(108) 6. The Minister for Health and Social Services will table an answer to a question asked by Deputy
S.Y. Mézec of St. Helier regarding blood donation by gay men.
1(109) 7. The Chairman of the Privileges and Procedures Committee will table an answer to a question asked
by Deputy M. Tadier of St. Brelade regarding States Members' declarations of interest in respect of investment holding companies.
1(110) 8. The Minister for the Treasury and Resources will table an answer to a question asked by Deputy
M. Tadier of St. Brelade regarding the exemption of home-care agencies from the Goods and Services Tax.
1(111) 9. The Minister for Treasury and Resources will table an answer to a question asked by Deputy G.P.
Southern of St. Helier regarding the decision of JT to introduce a surcharge on postal billing and payment by cheque.
1(112) 10. The Minister for the Environment will table an answer to a question asked by Deputy M. Tadier of
St. Brelade regarding air quality in the Tunnel.
1(113) 11. The Minister Social Security will table an answer to a question asked by the Deputy of St. John
regarding the impact of policy changes within Income Support.
1(114) 12. The Minister Social Security will table an answer to a question asked by Deputy G.P. Southern of
St. Helier regarding the impact of reduced payments of Income Support.
1(115) 13. The Minister for Education will table an answer to a question asked by Deputy G.P. Southern of
St. Helier regarding newly qualified teachers' salaries.
1(116) 14. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding the publication of decisions by the Housing and Work Advisory Group.
1(117) 15. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier
regarding his role and that of the Minister for Health and Social Services at a meeting at which it was decided to break the contract with Mr. Alwitry.
1(118) 16. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier
regarding the status of the zero-ten tax policy following Brexit.
1(119) 17. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier
regarding the role of the zero-ten tax policy and measures to ensure Jersey's tax neutrality.
1(120) 18. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to a
question asked by Deputy M.R. Higgins of St. Helier regarding the production of statistics in respect of visitor numbers to Jersey.
- – Oral Questions (120 minutes)
1(126) 1. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social
Security –
"What is the Minister's assessment of the impact the freeze on Income Support basic component levels since October 2009 has had on the living standards and disposable incomes of those poorest households which are dependent on benefits to meet their day-to-day living costs; and what measures, if any, does the Minister have under consideration to help improve living standards for those in relative low income?"
1(129) 2. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for External
Relations –
"Will the Minister advise whether the recent recruitment of a Brexit public relations officer' was overseen in any way by an external body; whether it was subject to a competitive interview; how many candidates applied; and how many were interviewed for the job?"
1(128) 3. Deputy M. Tadier of St. Brelade will ask the following question of the Chief Minister –
"Given that Senator Ozouf was not the only Minister to have signed off loans from the Jersey Innovation Fund, will the Chief Minister also be asking Senators Farnham and Maclean to 'step aside' from their Ministerial duties until the relevant investigation has fully reported back?"
1(101) 4. Deputy J.M. Maçon of St. Saviour will ask the following question of the Minister for Treasury and
Resources –
"As shareholder representative of JT, will the Minister advise what his assessment is of the appropriateness of JT deciding to introduce charges for receiving a paper bill and for non-direct debit payment services; and, in doing so, will he further advise whether such charges are likely to affect disproportionately the more elderly members of the community?"
1(121) 5. The Deputy of St. John will ask the following question of the Minister for Education –
"Given his answer to a written question on 30th January 2017, that funding to cover the shortfall created by not achieving the M.T.F.P. saving for the Nursery Education Fund will be met through carry forwards, will the Minister explain what certainty there is that this money will be available for the 2017/18 academic year and advise exactly from which budgets these carry forwards will come?"
1(130) 6. Deputy A.D. Lewis of St. Helier will ask the following question of the Minister for Education –
"Given that States-run and private sector nursery education providers operate on different supervision ratios, and the relative impact on costs to private sector providers that this situation entails, what will the Minister do, if anything, to place all provision on an equal footing in respect of such ratios and thereby mitigate the risk of a reduction in local nursery places caused by private nurseries ceasing to operate?"
1(122) 7. Senator S.C. Ferguson will ask the following question of the Chief Minister –
"Further to the answer given on 30th January 2017, for those people – and in particular pensioners – who have no access to a computer or the internet, what specific steps will the Council of Ministers take to make Gazette items available once they are no longer printed in the Jersey Evening Post?"
1(100) 8. Deputy J.A. Martin of St. Helier will ask the following question of the Chief Minister –
"When will the Interim Population Policy be replaced by a permanent population policy?"
1(102) 9. The Connétable of St. John will ask the following question of the Minister for Treasury and
Resources –
"Will the Minister advise what action, if any, he will take to ensure any charges levied by JT for customers to receive a paper bill or to pay by cheque do not discriminate against elderly people who are not computer literate?"
1(133) 10. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Social
Security –
"What financial support, if any, is available to 18 to 25 year old persons who live with their parents and who have a diagnosed mental illness that prevents them from becoming financially independent through work; have not made any Social Security contributions; and do not qualify for one of the higher levels of personal care award?"
1(135) 11. Deputy K.C. Lewis of St. Saviour will ask the following question of the Chief Minister –
"Further to media reports that an estimated five thousand people are struggling with basic expenses, will the Chief Minister be providing more assistance to community banks?"
1(103) 12. The Connétable of St. John will ask the following question of the Minister for the Environment –
"Will the Minister inform the Assembly what legal authority allows the Department to demand a development levy' on developments and will he advise how the levy is calculated?"
1(134) 13. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Housing –
"What measures, if any, is the Minister going to take to prevent letting agents from charging extortionate fees to tenants who either wish to end their tenancy early or to assign the remainder of their tenancy to another tenant?"
1(127) 14. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"Given the refusal of the majority of public sector unions to engage with the States Employment Board over modernisation until their outstanding pay claim is settled, what measures, if any, does the Chief Minister have under consideration in order to meet his targets of delivering £70 million in people savings' and of re-establishing a partnership approach with public sector representatives?"
1(125) 15. The Deputy of St. John will ask the following question of the Minister for Economic Development,
Tourism, Sport and Culture –
"Given that the recently published Business Tendency Survey identified a trend of continuing increases in input costs for businesses across all sectors, will the Minister advise what work, if any, he or his Department have undertaken to identify what these increased costs are largely caused by; and whether, through this work, he has found any evidence that the Government are creating additional costs to business?"
1(123) 16. Senator S.C. Ferguson will ask the following question of the Minister for Treasury and Resources –
"Aside from JT, will the Minister advise whether other utilities in which the States has a stake provide a discount on bills paid by direct debit, rather than charging for a paper bill; and will the Minister be requiring JT to provide the financial justification for its stance on charging for paper bills and bills paid by cheque or cash?"
1(131) 17. Deputy M.R. Higgins of St. Helier will ask the following question of H.M. Attorney General –
"Will H.M. Attorney General advise members what actions, if any, would be taken against a States Department that brought criminal charges against Jersey residents in the Magistrate's Court without his Department's knowledge, consent or assistance?"
1(132) 18. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Infrastructure –
"What plans, if any, does the Minister have to start charging for the issuing of bus passes to senior citizens?"
- – Questions to Ministers without notice (30 minutes) – 1st question period – Minister for Infrastructure
2nd question period – Minister for the Environment
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Draft Employment of States of Jersey Employees (Amendment No. 8) (Jersey) P.105/2016. Regulations 201-.
Lodged: 5th October 2016, States Employment Board.
Draft States of Jersey Police Force (Chief Officer and Deputy Chief Officer) P.139/2016. (Jersey) Regulations 201-.
Lodged: 30th December 2016, Minister for Home Affairs.
Draft States of Jersey Police Force (Police Negotiating Board) (Jersey) P.140/2016. Regulations 201-.
Lodged: 30th December 2016, Minister for Home Affairs.
Brexit Report: steps taken by the Government of Jersey before Notification by P.7/2017. the Government of the United Kingdom under Article 50 of the UK's intention to
Lodged: 31st January 2017, Minister for External Relations.
Note: The Minister for External Relations has given notice of his intention, in accordance with Standing Order 26(7), to request the States to reduce the minimum lodging period in respect of this matter so that it may be considered at the present meeting.
- ARRANGEMENT OF PUBLIC BUSINESS 14th March 2017
Draft Criminal Justice (Compensation Orders) (Amendment No. 3) (Jersey) Law P.2/2017. 201-.
Lodged: 10th January 2017, Chief Minister.
18th April 2017
20th June 2017
DR. M. EGAN Greffier of the States
9th February 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 15th and Thursday 16th February 2017.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.18/2017.
Road Traffic (Public Parking Places – Charges) (Amendment) (Jersey) Order 2017.
This Order amends the Road Traffic (Public Parking Places – Charges) (Jersey) Order 2017 so as to remove a figure in square brackets included in that Order by error.
The Order was made on 31st January 2017 and came into force on 1st February 2017.
R&O.19/2017.
Sea Fisheries (Bag Limits) (Amendment) (Jersey) Order 2017.
This Order amends the Sea Fisheries (Bag Limits) (Jersey) Order 2016 so that the existing bag limit for bass is reduced from one fish on any day to no fish on any day. This Order also sets the bag limit for tope at no fish on any day. These limits do not apply in relation to any person on a fishing boat that is registered in France or Jersey. By Regulations 4 and 5 of the Sea Fisheries (Bag Limits) (Jersey) Regulations 2016, this zero limit does not prevent the catching and releasing back to the sea of tope or bass by any person.
Article 2 gives the title of this Order and provides that it will come into force on the day after it is made. The Order was made on 1st February 2017 and came into force on 2nd February 2017.
R&O.20/2017.
Taxation (Double Taxation) (Date in Force (Seychelles)) (Jersey) Order 2017.
This Order amends the Schedule to the Taxation (Double Taxation) (Jersey) Regulations 2010 by inserting the date that the double taxation agreement between Jersey and the Seychelles came into force, that is, 5th January 2017.
The Order was made on 1st February 2017 and came into force forthwith on being made. R&O.21/2017.
Taxation (Exchange of Information with Third Countries) (Date in Force (Austria, Korea, Poland, Romania)) (Jersey) Order 2017.
This Order amends the Taxation (Exchange of Information with Third Countries) (Jersey) Regulations 2008 so as to add –
- 1st June 2013 as the date of the coming into force of the tax information exchange agreement between Austria and Jersey;
- 21st November 2016 as the date of the coming into force of the tax information exchange agreement between Korea and Jersey;
- 1st December 2012 as the date of the coming into force of the tax information exchange agreement between Poland and Jersey; and
- 5th February 2016 as the date of the coming into force of the tax information exchange agreement between Romania and Jersey.
The Order was made on 1st February 2017 and came into force forthwith on being made.
WRITTEN QUESTIONS (See Item I(a))
- The Chief Minister will table an answer to the following question asked by Deputy J.A. Martin of St. Helier –
"Will the Chief Minister list, for each area of responsibility currently delegated to Senator P.F. Routier M.B.E., the policies in each area being developed for approval by the Assembly and provide the development timetable for each such policy; and if he is unable to do so, will he explain why that is the case?"
- The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Following the presentation of Jersey Innovation Fund' (R.3/2017) and in light of the Chief Minister's statement to the Assembly on 17th January 2017, will the Chief Minister –
- release the results of the review undertaken by accountants between 22nd February and 15th March 2016 of the existing loans from the Fund, along with those of the subsequent reviews of loans C, B and E, as mentioned on page 33 of R.3/2017;
- inform members of the terms of reference given to the independent U.K. former employment lawyer engaged to investigate the actions of civil servants involved in the Fund, along with the timescale and fees involved, and agree to release this report, when completed;
- agree to release the report of the external accountant employed to review all the financial arrangements States departments have with external bodies; and
- release the name of the person identified to review whether any political involvement contributed to failings identified in respect of the Fund, along with the terms of reference and timescale involved, and agree to publish any findings?"
- The Minister for the Environment will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"What progress, if any, has been made in terms of developing a renewable energy strategy in Jersey? Have any targets been set in respect of renewable energy; if not, why not; and, if so, how likely is it that such targets will be met?"
- The Minister for Treasury and Resources will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"As shareholder representative for JT, what involvement, if any, did the Minister have with the decision of JT to invest in the Energous Corporation?"
- The Chief Minister will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"How many times, if ever, have concerns been raised, or complaints made, about any negative social contribution made by individual High Value Residents allowed to live in Jersey; and how were any such complaints dealt with?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"What are the current rules relating to the donation of blood by gay men and what restrictions, if any, are in place? If there are different rules in this area for gay men and heterosexual men, what is the reason for there being different rules; and has the Minister given any consideration to reviewing the rules?"
- The Chairman of the Privileges and Procedures Committee will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"What consideration, if any, has been given to reviewing the rules regarding States Members' declarations of interest, specifically those provisions which oblige members to declare their ownership of an investment holding company without requiring further elaboration of the investments they actually possess through that company?"
- The Minister for the Treasury and Resources will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"What consideration, if any, has been given to exempting home-care agencies not operating under the Nursing and Residential Homes (Jersey) Law 1994 from charging G.S.T.; and will the Minister explain why such agencies are not currently exempted, whereas nursing homes and nursing agencies operating under the Law are exempt?"
- The Minister for Treasury and Resources will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Will the Minister, as shareholder representative, review the decision by JT to impose a surcharge on customers in respect of postal billing and payment by cheque and, if not, why not; and will he explain what consideration, if any, was given to the option of offering a discount for payments made through the mechanisms JT wishes to encourage?"
- The Minister for the Environment will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Will the Minister advise –
- what internationally recognized benchmarks are known to his Department to assess pollution levels in road tunnels, especially those which are used by both pedestrians and road traffic;
- whether Jersey is signed up, either directly or indirectly, to E.U. air quality standards; if so, what those standards are and, if not, why Jersey is not signed up;
- what the Department considers to be the maximum safe level in the Tunnel of harmful gases and fine particles with a diameter of less than 2.5 micrometres (i.e. PM 2.5);
- when the last test of air quality in the Tunnel was done, if ever, and what the levels recorded were; and
- when the warning sign about air quality for pedestrians was removed, why, and when it will be replaced?"
- The Minister Social Security will table an answer to the following question asked by the Deputy of St. John –
"Will the Minister advise what estimates, if any, she has made of the impact that the following changes would have on her Department, both in financial and policy terms?
- Moving the age at which Income Support and access to housing may be claimed from 25 to 18;
- Recognising an 18 year old as a separate household within a family;
- Allowing Income Support claimants to access higher education without there being any reduction in their Income Support;
- Not removing the component for a young adult who has gone to university; and
- Disregarding the grant received, as income, for young adults within a household who are studying in higher education."
- The Minister Social Security will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Further to the response to written question 1(9), tabled on 17th January 2017, and the reductions that it described being paid in Income Support, what assessment, if any, has the Minister undertaken of whether such reductions see the claims of those households affected reduced below the minimum level of income needed for their circumstances and of whether such reductions may thereby cause hardship for these households?"
- The Minister for Education will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Will the Minister provide a comparison between the earnings of a newly qualified teacher in Jersey during each of the first 5 years of their career under current policy, and what the earnings of a newly qualified teacher during each of the first 5 years of their career will be once the Minister's proposal to reduce the entry level for newly qualified teachers from level 3 (i.e. £38,000) to level 1 (i.e. £33,900) has been implemented?"
- The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Will the Minister agree to publish figures showing the decisions made by the Housing and Work Advisory Group on licensed and registered employment permissions, grouped by employment sector, on a quarterly basis; and if not, why not?"
- The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Further to the answer to written question 1(72), tabled on 30th January 2017, will the Chief Minister advise members of both his role and that of the Minister for Health and Social Services at the meeting that took place with health officials on, or around, 21st / 22nd November 2012 to discuss the breaking of Mr. Alwitry's contract of employment at the General Hospital; will he further advise on what written evidence, if any, they based their decision to break the contract; and will he undertake to publish this evidence?"
- The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Chief Minister advise what assessment, if any, his Department has made of the likelihood that Jersey could be placed on a new blacklist of tax havens' due to the Island's zero-ten tax policy once the United Kingdom has left the European Union?"
- The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Chief Minister explain the role that the zero-ten tax policy plays in the maintenance of Jersey's tax neutrality; and will he advise whether or not the Council of Ministers has any plan that provides an alternative tax system to zero-ten that would maintain that neutrality in the event that the E.U. indicated that it would impose sanctions against Jersey if the zero-ten policy were maintained?"
- The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Minister advise whether or not figures published by Visit Jersey to show the number of visitors to Jersey include people coming to do business, people visiting families and friends, and language students; and, if so, will he further advise what steps, if any, he will take to ensure that future publication of such statistics show the number of visitors to be represented by the number of staying leisure visitors?"
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2017
1st Session 2017
March 14th Home Affairs Chief Minister
March 28th Social Security External Relations
April 18th Treasury and Resources Chief Minister
May 2nd Economic Development, Tourism, Health and Social Services
Sport and Culture
May 23rd Education Chief Minister
June 6th Housing Infrastructure
June 20th Environment Chief Minister
July 4th External Relations Social Security
July 18th Home Affairs Chief Minister
2nd Session 2017
September 12th Treasury and Resources Education
September 26th Health and Social Services Chief Minister October 10th Economic Development, Tourism, Housing
Sport and Culture
October 31st Infrastructure Chief Minister November 14th Environment External Relations November 28th Social Security Chief Minister December 12th Home Affairs Treasury and Resources