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STATES OF JERSEY ORDER PAPER
20th JUNE 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 the Environment two Ministers Chief Minister
Statements (if any)
Approx. 12.10 p.m. Vote of No Confidence: Chief Minister (P.55/2017)
Immigration (Amendment) (Jersey) Order 2017: extension to Jersey by Order in Council (P.26/2017)
Channel Islands Lottery: allocation of proceeds from 2016 (P.27/2017)
Income Support Medical Appeal Tribunal: re-appointment of members (P.35/2017)
Jersey Innovation Fund (R.3/2017 and R.45/2017) (Consideration in Committee'.)
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 21st and Thursday 22nd June 2017, if necessary.
STATES OF JERSEY ORDER PAPER
20th JUNE 2017
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Royal Court (Amendment No. 21) Rules 2017. R&O.60/2017. Superior Number of the Royal Court.
- DOCUMENTS PRESENTED
Immigration (Amendment) (Jersey) Order 2017: extension to Jersey by P.26/2017. Order in Council (P.26/2017) – comments. Com. Presented: 16th June 2017, Corporate Services Scrutiny Panel.
Island-wide Rate Figure for 2017. R.69/2017. Presented: 14th June 2017, Comité des Connétable s.
Jersey Child Care Trust: Trustees' Report and Audited Financial Statements at 31st R.70/2017. December 2016.
Presented: 16th June 2017, Minister for Education.
Land Transactions under Standing Order 168(3) – R.71/2017.
- Eagle House, 31 La Colomberie, St. Helier – proposed lease of Ground Floor
Unit for the "Young Persons' One-Stop-Shop";
- Les Mielles Tennis Club, Les Quennevais, St. Brelade – lease;
- disposal of The Limes' site to Andium Homes.
Presented: 16th June 2017, Minister for Infrastructure.
Jèrriais Plan 2017 – 2019. R.72/2017. Presented: 16th June 2017, Minister for Economic Development, Tourism, Sport and
Culture.
School Starting Age (S.R.5/2017): response of the Minister for Education. S.R.5/2017. Presented: 15th June 2017, Minister for Education. Res.
- NOTIFICATION OF LODGED PROPOSITIONS
- WITHDRAWAL OF LODGED PROPOSITIONS
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
1(339) 1. Deputy S.Y. Mézec of St. Helier will ask a question of the Minister for Economic Development,
Tourism, Sport and Culture regarding the Jersey Aircraft Registry.
1(340) 2. Deputy S.Y. Mézec of St. Helier will ask a question of the Chief Minister regarding the Sub-
Committee tasked with examining options for higher education funding.
1(341) 3. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Health and Social Services
regarding the recruitment and pay conditions of nurses.
1(342) 4. Deputy J.A.N. Le Fondré of St. Lawrence will ask a question of the Chief Minister regarding States
of Jersey employees who have taken either redundancy or early retirement.
1(343) 5. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Social Security regarding
the £10 million departmental underspend recorded in States of Jersey Financial Report and Accounts 2016' (R.65/2017).
1(344) 6. Deputy M. Tadier of St. Brelade will ask a question of the Minister for Economic Development,
Tourism, Sport and Culture regarding implementation of the report entitled Rediscovering Fort Regent – A Vision for the Future'.
1(345) 7. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Housing regarding the
proportion of tenants of Andium Homes's affordable' rental properties who are in housing poverty'.
1(346) 8. Deputy G.P. Southern of St. Helier will ask a question of the Chief Minister regarding the impact
of the policy of below inflation public sector pay awards.
1(347) 9. Senator S.C. Ferguson will ask a question of the Chief Minister regarding procedures in place for
responding to Freedom of Information requests.
1(348) 10. Senator S.C. Ferguson will ask a question of the Minister for Treasury and Resources regarding the
external review of the personal income tax forecasting model.
1(349) 11. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding his role in
the decision to withdraw Future Hospital Funding Strategy' (P.130/2016).
1(350) 12. Deputy M.R. Higgins of St. Helier will ask a question of the Minister for External Relations
regarding meetings he has held in relation to the British decision to leave the European Union.
1(351) 13. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding data collection
in relation to licence applications under Control of Housing and Work legislation.
1(352) 14. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding the action
prescribed in circumstances where a Minister or official becomes aware of alleged criminality but fails to report it.
1(353) 15. Deputy M.R. Higgins of St. Helier will ask a question of H.M. Attorney General regarding the
legislative basis for the roles and duties of the Law Officers.
1(357) 16. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Social Security regarding
the causes of social exclusion in Jersey.
- – Oral Questions (120 minutes)
1(360) 1. The Deputy of St. Ouen will ask the following question of the Minister for Social Security –
"Does the Minister support the introduction of legislation to provide greater employment protection for carers, this having been identified as a priority in the recently released Jersey Carers Strategy'; and, if so, will the Minister state what action she will be taking to bring forward such legislation?"
1(363) 2. Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister –
"Following the Assembly's recent rejection of proposals for electoral reform, and in light of previous suggestions that the subject be put to a Royal Commission in the absence of the Assembly being capable of finding a solution, does the Chief Minister intend to propose the establishment of such a Commission?"
1(354) 3. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Home Affairs –
"What action, if any, is the Minister taking to dissuade people from base-jumping from tall buildings in Jersey?"
1(369) 4. The Connétable of St. Helier will ask the following question of the Minister for Housing –
"Is the Minister satisfied that fire prevention and other safety measures and procedures are maintained at the highest levels possible in social housing, especially in high-rise buildings?"
1(365) 5. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Health and
Social Services –
"Will the Minister inform members how many Family Nursing and Home Care clients, if any, have been given two weeks' notice, or less, of the need to make alternative arrangements for home care provision, following any cessation of Family Nursing and Home Care's service owing to a loss of staff caused by contractual changes?"
1(366) 6. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"Will the Minister consider making funds available for improvements to the playpark on Les Quennevais playing fields?"
1(362) 7. Deputy J.A. Hilton of St. Helier will ask the following question of the Minister for Health and
Social Services –
"Will the Minister advise whether babies born to mothers with substance abuse issues are immediately placed on the Child Protection Register and, if not, will he explain why not?"
1(356) 8. Deputy P.D. McLinton of St. Saviour will ask the following question of the Chief Minister –
"Given that, from 15th June 2017, European Union citizens travelling to any other E.U. member state will be able to roam like at home', no longer incurring roaming charges whilst making phone calls, texting or using online services with their mobile phone or device, will the Minister advise whether local telecoms providers will be expected to adhere to the E.U. regulation underpinning this measure and if not, why not?"
1(358) 9. Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister request from the Information Commissioner confirmation of whether the person described as Police Employee 1' in the Police Service of Northern Ireland report on Operation Belfong' was employed by the Commissioner's Office after leaving the employ of the States of Jersey Police in 2014; and information on how many former employees of the States of Jersey Police, if any, currently work for the Commissioner?"
1(359) 10. Senator S.C. Ferguson will ask the following question of the Chief Minister –
"Will the Chief Minister ensure that the numbers assigned to Freedom of Information requests are listed on the States web page listing all the requests?"
1(370) 11. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Health and
Social Services –
"Will the Minister advise members of the common failings identified to date by Serious Case Reviews and will he explain what steps, if any, he is taking to ensure that lessons have been learnt and that there is not another Serious Case Review which highlights those same failings?"
1(371) 12. Senator S.C. Ferguson will ask the following question of the Minister for Treasury and Resources –
"Will the Minister advise whether Appendices E and F to Revised Forecast of States Income for March 2017' (R.66/2017) represent the entirety of the external review of the income forecasting model and, if not, why the entire review has not been supplied to the States or the Corporate Services Scrutiny Panel?"
1(364) 13. Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister –
"What implications, if any, does the Chief Minister consider the U.K. election results will have on Jersey's position regarding the Brexit negotiations?"
1(361) 14. The Deputy of St. Ouen will ask the following question of the Chief Minister –
"What practical steps, if any, will the Chief Minister be taking to promote the adoption of the Jersey Living Wage by all Jersey employers, following his recent address to the conference on 13th June 2017 entitled The Eradication of Poverty in Jersey'?"
1(367) 15. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"Following the statement in the 2016 Financial Report and Accounts (R.67/2017) that personal taxation rose by £27.4 million, "reflecting the strength of the economy", why has the Chief Minister not moderated the policy of wage restraint in the public sector by making an inflation-only pay offer over the coming four-year period?"
1(368) 16. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"In light of answers he has previously given and the lodging of the Draft Drainage (Jersey) Law 2005 (Appointed Day) Act' (P.38/2017), what further information, if any, does the Minister have on the impact the proposed liquid waste charges will have on businesses, particularly in the hospitality and agricultural industries, and is it his assessment that sufficient consultation on the proposals has taken place with businesses?"
1(355) 17. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Education –
"In light of P.41/2017 being lodged, what steps, if any, is the Minister taking to minimize the impact on those parents affected of the proposed grant reductions to States and private fee-paying schools?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for the Environment
2nd question period – Chief Minister
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Vote of No Confidence: Chief Minister. P.55/2017. Lodged: 7th June 2017, Connétable of St. John .
Immigration (Amendment) (Jersey) Order 2017: extension to Jersey by P.26/2017. Order in Council.
Lodged: 11th April 2017, Chief Minister.
Immigration (Amendment) (Jersey) Order 2017: extension to Jersey by P.26/2017. Order in Council (P.26/2017) – comments. Com. Presented: 16th June 2017, Corporate Services Scrutiny Panel.
Presented: 12th January 2017, Comptroller and Auditor General. R.3/2017. Review of ministerial responsibility following the C&AG Report of January 2017, R.45/2017. and addendum. and Add. Presented: 2nd May/23rd May 2017, Chief Minister.
(consideration in committee')
- ARRANGEMENT OF PUBLIC BUSINESS 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.
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.
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 the 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.
12th September 2017
States Members' Remuneration Review Body: implementation of pay P.39/2017. recommendations.
Lodged: 19th May 2017, Privileges and Procedures Committee.
DR. M. EGAN Greffier of the States
15th 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 21st and Thursday 22nd 2017.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.59/2017.
Road Traffic ( St. Saviour ) (Amendment No. 10) (Jersey) Order 2017.
This Order further amends the Road Traffic ( St. Saviour ) (Jersey) Order 2000, to make (by Article 2) further provision for disc parking for periods of up to 2 hours and of up to 3 hours, in the areas and places listed in Schedule 6 to that Order as amended by Article 4. It also makes (by Article 3) changes to the extent of certain parking restrictions described in Schedule 3 to that Order.
Article 1 is an interpretation provision and Article 5 gives the title by which this Order may be cited and provides for it to come into force the day after it is made.
The Order was made on 13th June 2017 and came into force on 14th June 2017.
R&O.60/2017.
Royal Court (Amendment No. 21) Rules 2017.
This amendment to the Royal Court Rules 2004 has been made as allowed by Article 8(3) of the Human Rights (Jersey) Law 2000 (the "Law") to modify the time limit in which a person may bring proceedings under the Law for an injunction restraining the transmission by the Jersey competent authority of tax information to a partner jurisdiction is no more than the time limit which applies under Regulations made by the States under the Taxation (Implementation) (Jersey) Law 2004 for a person to apply for leave to bring an application for judicial review against a requirement made of a taxpayer or a third party under such Regulations. The time limit for any other challenge under the Law to a decision of the Jersey competent authority of tax information remains 1 year as set out in Article 8(3).
The Rules were made by the Superior Number of the Royal Court on 15th June 2017 and come into force on 22nd June 2017.
WRITTEN QUESTIONS (See Item I(a))
- Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Economic Development, Tourism, Sport and Culture –
"Following the disclosure in answer to written question 1(152) that two aircraft were enrolled on Jersey's aircraft registry, and the answers to oral question 1(202) on 28th March 2017 on this matter, what progress, if any, has been made in expanding and improving the registry?"
- Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister list all of the occasions on which the ministerial sub-committee set up to examine options for higher education funding has met; and will he further state exactly when this group's terms of reference were finalised?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Health and Social Services –
"In relation to nurses and midwives, will the Minister inform members of –
- the current vacancy rate for nurses and midwives in the public sector, and, if it has changed from the previous figure reported to the States of 12%, will he explain the change;
- a breakdown of the distribution of nursing positions in grades 1 to 8 along with the vacancy rate in each grade;
- whether any consideration has been given to the use of recruitment and retention bonuses and, if such bonuses are paid, what these are;
- what different rates are on offer in the 4-year pay offer to nurses across grades 1 to 8 (B to J in the new pay bands), and state where the target rate offered for each grade is estimated to be higher or lower in real terms by the end of the period;
- what the package on offer to nurses (including basic hourly rates, unsocial hours and overtime rates) will mean for average annual earnings of the nursing workforce by 2020; and
- what strategy, given the pay offer for 2017-2020, he has for dealing with any high nursing vacancy rates in the short to medium term?"
- Deputy J.A.N. Le Fondré of St. Lawrence will ask the following question of the Chief Minister –
"Will the Chief Minister advise whether, since 1st January 2012, there have been any instances whereby –
- someone has received compensation for redundancy from the States of Jersey and has subsequently received any form of remuneration or payment from the States of Jersey for subsequent services supplied to the States of Jersey or any one of its underlying entities (such as States of Jersey Development Company, Andium Homes, Ports of Jersey, Jersey Sport, Visit Jersey); or
- has taken early retirement from the States of Jersey and has subsequently received any form of remuneration or payment from the States of Jersey for subsequent services supplied to the States of Jersey or any one of those underlying entities?
If so, will the Chief Minister detail for both categories (separately), by year, the number of personnel that this applies to, the total amount of redundancy received (by year for (a) only) and the total amount of remuneration / payment subsequently received?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social Security –
"Will the Minister give a detailed breakdown of the £10 million departmental underspend recorded in States of Jersey Financial Report and Accounts 2016' (R.65/2017) and state what consideration, if any, was given to the possibility of redirecting this underspend within the Department to alleviate any hardship caused to target groups living on low income due to the decision to reduce the benefits budget by £10 million?"
- Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Economic Development, Tourism, Sport and Culture –
"What progress, if any, has been made with implementing the report entitled Rediscovering Fort Regent – A Vision for the Future', published on 12th September 2014?
In particular, are there still plans to build two lifts from Snow Hill and, if so, when will this take place and what is the estimated cost?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Housing –
"Will the Minister inform members what proportion of tenants of Andium's affordable' rental properties are in housing poverty' (that is, paying over 30 per cent of total household income for housing, whether through Income Support or other sources)?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"What research, if any, has the Chief Minister undertaken to assess the impact of the policy of below inflation public sector pay awards on attempts to grow the economy?
Will he advise whether this policy has resulted in effectively a 16 per cent reduction in public sector pay over the last decade and whether this amounts to a loss of some £50 million annually from circulating in the local economy and, if that is not the case, will he advise what figures he does have for the impact of such wage restraint?"
- Senator S.C. Ferguson will ask the following question of the Chief Minister – "Will the Chief Minister advise –
- what procedures are used for replying to Freedom of Information requests, particularly in relation to the reviews of answers undertaken by senior staff and to any controls in place regarding access by staff to requests;
- what definitions are used to identify which details, if any, should be redacted from an answer; and
- by whom, if anyone, any such redactions are reviewed?"
- Senator S.C. Ferguson will ask the following question of the Minister for Treasury and Resources –
"Given that, in Revised Forecast of States Income for March 2017' (R.66/2017), it is stated that "IFG have also given consideration to the proposals from the external review of the personal income tax forecasting model" and the references to the adoption of "outcomes from the external review of the forecasting model, which propose adjustments to employment income and pension income assumptions", will the Minister advise –
- what the details are of the changes made to the forecast, if any, due exclusively to the "external review";
- what the split is between corporate and income tax in the forecast;
- when the report arising from the review was received by his Department;
- what the cost of the review was; and
- whether this is the total work undertaken on the forecasting model?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"Further to his answers to written question 1(313) and oral question 1(328) on 6th June 2017, will the Chief Minister clarify his role in the decision of the Minister for Treasury and Resources to withdraw Future Hospital Funding Strategy' (P.130/2016) and, in particular, will he advise whether or not he was advised by the Minister that the Minister wished to carry on with the debate and the funding proposal as it stood; and whether or not he informed the Minister that he would not support the proposition if it were not withdrawn?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for External Relations –
"Will the Minister list all the meetings that he has personally had with officials and / or politicians representing Her Majesty's U.K. Government or the European Union (including with representatives of individual countries and / or officials of the European Commission) relating to the British decision to leave the European Union and Jersey's relationship and standing with these bodies, with the list to include the names and positions of those at the meetings, the dates of such meetings and their purpose?
Furthermore, will the Minister agree to publish such information on a regular basis going forward until Brexit is achieved; and, if not, will he explain why not?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"Further to his answer to written question 1(317) on 6th June 2017, will the Chief Minister undertake to improve data collection in relation to licence applications under Control of Housing and Work legislation to ensure the type of data sought (i.e. the nature of the jobs for which licences are sought) in question 1(317) is collected as a matter of course; and, if not, why not?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister advise what action is prescribed in circumstances where a Minister or official becomes aware of alleged criminality regarding the States of Jersey and other public officials and does not report it to the police, the Chief Minister and the Chief Executive?"
- 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(311) on 6th June 2017, will H.M. Attorney General advise what other legislation, if any beyond the 1930 and 1965 Laws cited in that answer, relate to the roles and duties of himself and H.M. Solicitor General?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social Security –
"What assessment has the Minister made of the principal causes of social exclusion in Jersey and what measures, if any, does she have under consideration to reduce the number of children living in low- income households?"
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2017
July 4th External Relations Infrastructure 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