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STATES OF JERSEY ORDER PAPER
23rd MAY 2017
SUMMARY
9.30 a.m. Communications by the Presiding Officer and other announcements Appointments, matters of privilege, petitions (if any)
Approx. 9.40 a.m. Summary of written questions
Up to 2 hours Oral questions with notice
Urgent questions (if any)
Up to 30 minutes, Oral questions without notice: divided between the Minister for Education two Ministers Chief Minister
Statements (if any)
Approx. 11.30 a.m. Future Hospital Funding Strategy (as amended) (P.130/2016)
Future Hospital Funding Strategy (P.130/2016): second amendment (P.130/2016 Amd.(2))
Future Hospital Funding Strategy (P.130/2016): second amendment (P.130/2016 Amd.(2)) – amendment (P.130/2016 Amd.(2)Amd.)
Future Hospital Funding Strategy (P.130/2016): third amendment (P.130/2016 Amd.(3))
Future Hospital Funding Strategy (P.130/2016): fourth amendment (P.130/2016 Amd.(4))
Parish Rates: payment by the States of Jersey (P.12/2017)
Draft Public Finances (Amendment No. 5) (Jersey) Law 201- (P.15/2017)
Draft Public Finances (Amendment No. 5) (Jersey) Law 201- (P.15/2017): amendment (P.15/2017 Amd.)
Jersey Sport: establishment (P.21/2017)
Standing Orders: Answers to Questions (P.25/2017)
Immigration (Amendment) (Jersey) Order 2017: extension to Jersey by Order in Council (P.26/2017)
Jersey Employment and Discrimination Tribunal: appointment of Chairman and members (P.28/2017)
Regulation of care workers' employment standards (P.29/2017) Arrangement of public business at subsequent meetings
Lunch adjournment likely around 12.45 p.m., until 2.15 p.m.
If business is not completed by around 5.30 p.m. the Assembly usually adjourns for the evening and will resume its meeting at 9.30 a.m. on Wednesday 24th and Thursday 25th May 2017, if necessary.
STATES OF JERSEY ORDER PAPER
23rd MAY 2017
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
EU Legislation (Sanctions) (Miscellaneous Amendments – United Nations) (Jersey) R&O.52/2017. Order 2017.
Minister for External Relations.
- DOCUMENTS PRESENTED
Land Transactions under Standing Order 168(3) – Fields 86, 86A, 88 and 88A, Le R.47/2017. Champ de Girard, Les Quennevais, La Rue Carrée, St. Brelade – proposed freehold
Presented: 11th May 2017, Minister for Infrastructure.
Jersey New Waterworks Company Ltd.: Annual Report and Financial Statements R.49/2017. 2016.
Presented: 15th May 2017, Minister for Treasury and Resources.
Living Longer: Thinking Ahead – Consultation summary – Part 1. Social Security R.51/2017. and Income in Retirement.
Presented: 16th May 2017, Minister for Social Security.
Living Longer: Thinking Ahead – Consultation report – Part 1. Social Security and R.52/2017. Income in Retirement.
Presented: 16th May 2017, Minister for Social Security.
States of Jersey Complaints Board: findings – complaint against the States R.53/2017. Employment Board by Mrs. X regarding the way in which her request for ill-health
Presented: 18th May 2017, Privileges and Procedures Committee.
Review of Nitrate Levels in Jersey's Water (S.R.3/2017): response of the Minister S.R.3/2017. for the Environment. Res. Presented: 19th May 2017, Minister for the Environment.
- NOTIFICATION OF LODGED PROPOSITIONS
Draft Health Insurance (Performers List for General Medical Practitioners) P.33/2017. (Amendment) (Jersey) Regulations 201-.
Lodged: 10th May 2017, Minister for Health and Social Services.
Draft States of Jersey (Transfer of Functions No. 9) (Health and Social Services to P.34/2017. Environment) (Jersey) Regulations 201-.
Lodged: 15th May 2017, Chief Minister.
Draft Sea Fisheries (Inshore Trawling, Netting and Dredging) (Amendment No. 4) P.36/2017. (Jersey) Regulations 201-.
Lodged: 16th May 2017, Minister for the Environment.
Draft Sea Fisheries (Inshore Waters) (Amendment No. 3) (Jersey) Regulations P.37/2017. 201-.
Lodged: 16th May 2017, Minister for the Environment.
Draft Drainage (Jersey) Law 2005 (Appointed Day) Act 201-. P.38/2017. Lodged: 18th May 2017, Council of Ministers. (re-issue)
States Members' Remuneration Review Body: implementation of pay P.39/2017. recommendations.
Lodged: 19th May 2017, Privileges and Procedures Committee.
- WITHDRAWAL OF LODGED PROPOSITIONS
In accordance with Standing Order 34(1), the proposer of the following proposition lodged au Greffe' has informed the Greffier of the States that it is to be withdrawn –
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
1(279) 1. The Deputy of Grouville will ask a question of the Minister for Treasury and Resources regarding
communications with the board of the Jersey Electricity Company in respect of the Energy Plan and Standby Charge.
1(280) 2. Deputy J.M. Maçon of St. Saviour will ask a question of the Chief Minister regarding requirements
for the new Chief Executive Officer of the States of Jersey to have experience in electronic or digital services.
1(281) 3. The Deputy of St. John will ask a question of the Minister for Social Security regarding the child
component of Income Support.
1(282) 4. The Deputy of St. John will ask a question of the Minister for Treasury and Resources regarding
the income that would be lost in tax revenue by replacing the child allowance with a dependant's allowance'.
1(283) 5. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Health and Social Services
regarding potential changes to the structure and delivery of health and social care services.
1(284) 6. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Social Security regarding
the prevalence of zero-hour contracts.
1(285) 7. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Education regarding
projects funded from the pupil premium scheme.
1(286) 8. The Deputy of St. John will ask a question of the Minister for Education regarding the
re-introduction of Standard Assessment Tests at primary-school level.
1(287) 9. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Social Security regarding
the survey which underpinned the report entitled Living Longer: Thinking Ahead'.
1(288) 10. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Health and Social Services
regarding the survey which underpinned the report entitled Mental Health Quality Report 2017'. 1(289) 11. Deputy M.R. Higgins of St. Helier will ask a question of H.M. Attorney General regarding the role
of Jurats in a remise des biens.
1(290) 12. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding Human Rights
audits undertaken in respect of the practices and procedures of Jersey's courts and tribunals.
1(291) 13. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding the duties
and targets assigned to the former Assistant Chief Minister with responsibility for financial services, digital, competition and innovation matters.
1(292) 14. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding the
work-diary and travel of the former Assistant Chief Minister with responsibility for financial services, digital, competition and innovation matters.
1(293) 15. Deputy M.R. Higgins of St. Helier will ask a question of the Minister for Infrastructure regarding
the odour-control systems to be fitted to the new sewage treatment works at Bellozanne.
1(294) 16. Deputy L.M.C. Doublet of St. Saviour will ask a question of the Chief Minister regarding the
Ministerial Sub-Committee tasked with finding a solution to the problems of financing students.
- – Oral Questions (120 minutes)
1(297) 1. The Connétable of St. John will ask the following question of the Chief Minister –
"Further to a meeting held in March 2014 (described on page 28 of R.45/2017 and attended by the Chief Minister), which led to the formulation of Financial Directions for the Jersey Innovation Fund and an agreement to increase the level of risk' of loans not being repaid from 10% to 50%, will the Chief Minister explain why this was done without the Assembly being informed?"
1(298) 2. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Health and
Social Services –
"Given the contents of Cannabis: the Evidence for Medical Use' (in particular pages 31 to 33), will the Minister require the Medical Officer of Health to issue an apology and a correction following the Medical Officer's statement to BBC Radio Jersey on 3rd May 2017 that "there is no evidence [in the Barnes Report'] that smoked cannabis is effective"?"
1(295) 3. Deputy J.A. Martin of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister advise whether Senator Ozouf received a letter of appointment as one of his Assistant Ministers on 4th November 2014, before the Council of Ministers and Scrutiny Panel chairmen were appointed?"
1(302) 4. The Connétable of St. Helier will ask the following question of the Minister for Infrastructure –
"In relation to the new sewage treatment works in Bellozanne Valley, will the Minister explain what the relationship is, if any, between the Department's agent, Cascade, and Grontmij and Sweco, and will he also explain why a full-site lay-out of the proposed works was not part of the initial planning application?"
1(299) 5. Deputy J.A.N. Le Fondré of St. Lawrence will ask the following question of the Minister for
Treasury and Resources –
"Will the Minister advise whether there was, or was not, a deficit in the public finances when he took office at the end of 2014?"
1(305) 6. Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"In light of the States expenditure on public relations consultants, legal representation and civil service time in preparation for the publication of the Independent Jersey Care Inquiry's report, will the Chief Minister undertake to investigate what measures, if any, can be taken to ensure there is equality of arms' for all parties involved with the Inquiry to be able to respond to that report?"
1(300) 7. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Health and
Social Services –
"Given that a majority of Family Nursing and Home Care domestic care workers have rejected new terms and conditions offered by its management and the potential impact this could have on the delivery of the domestic care service, will the Minister advise what measures, if any, he is considering to ensure continuity, or a replacement, of this service, as previously assured?"
1(306) 8. Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister provide his assessment of whether the cost for litigants in person to access transcripts or recordings of court hearings and trials, and other limitations on such access, are appropriate and whether justice in Jersey is thereby available to those least able to afford legal representation; and, if his assessment is that they are appropriate, will he explain how?"
1(301) 9. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social
Security –
"Will the Minister explain the choice of the words "tighten benefit rules" as an option presented to members of the public under question 9 of the survey undertaken for the report Living Longer, Thinking Ahead'?"
1(303) 10. The Connétable of St. Helier will ask the following question of H.M. Attorney General –
"Given the impossibility in even the smallest Parish of accommodating all those entitled to attend a Parish Assembly within the Parish Hall , will H.M. Attorney General advise whether as a matter of law Parishes could make use of a referendum in making important decisions and, if so, under what conditions?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Education
2nd question period – Chief Minister
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Future Hospital Funding Strategy (as amended). P.130/2016 Lodged: 30th November 2016, Minister for Treasury and Resources. (re-issue (2))
Note: In accordance with Standing Order 86(a), the Minister for Treasury and Resources will move the proposition afresh, taking into account the amendment (as amended) already agreed by the Assembly when the proposition was first moved on 18th January 2017. Once the proposition, as amended, has been moved the Assembly will consider the subsequent amendments which have been lodged.
Future Hospital Funding Strategy (P.130/2016): third amendment P.130/2016. (P.130/2016 Amd.(3)) – addendum. Amd.(3). Presented: 13th April 2017, Corporate Services Scrutiny Panel. Add. Future Hospital Funding Strategy (P.130/2016) (as amended): third amendment P.130/2016. (P.130/2016 Amd.(3)) – second addendum. Amd.(3) Presented: 2nd May 2017, Corporate Services Scrutiny Panel. Add.(2).
Standing Orders: Answers to Questions (P.25/2017) – comments. P.25/2017. Presented: 18th May 2017, Privileges and Procedures Committee. Com.
Immigration (Amendment) (Jersey) Order 2017: extension to Jersey by P.26/2017. Order in Council.
Lodged: 11th April 2017, Chief Minister.
Jersey Employment and Discrimination Tribunal: appointment of Chairman and P.28/2017. members.
Lodged: 18th April 2017, Minister for Social Security.
- ARRANGEMENT OF PUBLIC BUSINESS 6th June 2017
Note: The 2nd reading of the Draft Law will resume, following adoption of the principles on 2nd May 2017 and the subsequent referral to the Corporate Services Scrutiny Panel under Standing Order 72(1).
Draft States of Jersey (Amendment No. 9) Law 201- (P.18/2017) – amendment. P.18/2017. Lodged: 18th April 2017, Deputy A.D. Lewis of St. Helier . Amd. Draft States of Jersey (Amendment No. 9) Law 201- (P.18/2017) – second P.18/2017. amendment. Amd.(2) Lodged: 19th April 2017, Deputy A.D. Lewis of St. Helier .
La Collette Low Rise Development: protection of existing amenity space and P.22/2017. trees – direction to Andium Homes Ltd.
Lodged: 31st March 2017, Connétable of St. Helier .
Chief Minister: term limit. P.24/2017. Lodged: 6th April 2017, Senator S.C. Ferguson.
Chief Minister: term limit (P.24/2017) – comments. P.24/2017. Presented: 18th May 2017, Privileges and Procedures Committee. Com.
Draft EU Legislation (Information Accompanying Transfers of Funds) (Jersey) P.31/2017. Regulations 201-.
Lodged: 25th April 2017, Chief Minister.
20th June 2017
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.
18th July 2017
Draft Drainage (Jersey) Law 2005 (Appointed Day) Act 201-. P.38/2017. Lodged: 18th May 2017, Council of Ministers. (re-issue)
DR. M. EGAN Greffier of the States
18th May 2017 Note –
In accordance with the meeting dates fixed for 2017 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 24th and Thursday 25th May 2017.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.51/2017.
Firearms (General Provisions) (Amendment No. 3) (Jersey) Order 2017.
This order amends, from 1st May 2017, the Firearms (General Provisions) (Jersey) Order 2011 so as to apply an increase of £10 (approximately a 28.5% increase) in the fee for an application for the grant or renewal of a firearm certificate, and an increase of £5 (approximately a 33% increase) in the fee for an application for the variation of a firearm certificate. This is the first increase to be applied in respect of such fees since their introduction in November 2011.
The Order was made on 26th April 2017 and came into force on 1st May 2017.
R&O.52/2017.
EU Legislation (Sanctions) (Miscellaneous Amendments – United Nations) (Jersey) Order 2017.
This Order amends the EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014 and several Orders (the "amended Orders") made under Article 2(1)(b) of the European Union Legislation (Implementation) (Jersey) Law 2014 (the "EU Legislation Law"). The amended Orders implement EU Regulations that impose financial sanctions (among other measures) on persons listed by the EU. Those EU Regulations in turn implement United Nations Security Council resolutions that require financial sanctions to be imposed on persons listed by the United Nations. The amendments are made under Article 3A of the EU Legislation Law, which came into force on 1st April 2017 when it was inserted by the United Nations Financial Sanctions (Jersey) Law 2017. The effect of the amendments is that, when the United Nations lists a new person under one of its implemented resolutions, that person becomes subject to financial sanctions under the amended Orders, without waiting until the person is listed by the EU. The listing expires within 30 days, or when the EU updates its listing.
The Order was made on 3rd May 2017 and came into force on 4th May 2017.
WRITTEN QUESTIONS
(See Item I(a))
- The Deputy of Grouville will ask the following question of the Minister for Treasury and Resources –
"Further to the answer provided to oral question 1(231) on 18th April 2017, will the Minister, as shareholder representative, confirm what communications, if any, he has had with the board of the Jersey Electricity Company in respect of the implementation of the Energy Plan and of the Standby Charge and the impact this will have on local businesses and the cost of living within Jersey?
Will the Minister also confirm how he has utilised the States of Jersey's majority shareholding in the Jersey Electricity Company for the implementation of the Energy Plan and in respect of the Standby Charge?"
- Deputy J.M. Maçon of St. Saviour will ask the following question of the Chief Minister –
"Will the Chief Minister confirm that, in advertising for the new Chief Executive Officer of the States of Jersey, a key criteria for the post will include experience in implementing electronic or digital services and, if not, will he explain why not?"
- The Deputy of St. John will ask the following question of the Minister for Social Security –
"Will the Minister advise how the child component of Income Support has been determined and why it is deemed necessary to pay a different amount to that of the adult component; and explain how the difference between the needs of a child and of an adult living in an Income Support household has been assessed?"
- The Deputy of St. John will ask the following question of the Minister for Treasury and Resources –
"Will the Minister provide an estimate of the amount of income that would be lost in tax revenue, if any, if child allowance were changed to a dependant's allowance' with the definition of dependant' being a relative (including a relative of the person's spouse or civil partner) who was unable to maintain himself or herself as a result of old age or ill-health or a child maintained at the individual's / household's own expense?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Health and Social Services –
"Will the Minister advise whether consideration has been given to potential changes to the structure and delivery of Health and Social Care services and, if so –
- state if and when any changes will be open to public consultation;
- state what timescale he has for bringing a proposition to the States seeking acceptance of a new model, and, if there will be no such proposition, explain why not;
- explain in particular whether, given the dispute which has arisen over the changes to the terms and conditions of home care workers between Unite the Union and Family Nursing and Home Care management as a result of changes to the delivery of services, there will be any consultation over any new model with employee representatives as prime stakeholders and, if none, why not; and
- assure members that any proposals will not reduce the public's ability to hold the Minister to account?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social Security –
"Following her response on 2nd May 2017 to oral question 1(275), in which she stated that 85 of 598 jobs on the Back to Work (BTW) scheme were zero-hour contracts, will the Minister explain the over- representation of zero-hour contracts in BTW jobs (14 per cent) compared to the wider private sector (11 per cent) as recorded in the most recent Jersey Labour Market report?
Will the Minister commit to keep a record of the jobs advertised by employers on her Department's system shown by full time, part time, and zero-hours, and by employment sector?
Furthermore, given her commitment to examine the use / misuse of zero-hours contracts in 2018, will she work with the Statistics Unit to analyse the prevalence of zero-hour contracts in the employment sectors entitled Miscellaneous Business Activities' and Education, Health and other services', given they are the sectors with the largest prevalence of such contracts in the private sector?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Education –
"Further to his response to written question 1(258) on 2nd May 2017, will the Minister list the 50 projects which received funding from the Jersey pupil premium scheme, along with the numbers of pupils taking part in these projects and a breakdown of the sums spent, by school, in 2016 and, if appropriate, in 2017?
Will the Minister further explain what the "initial evidence [] of positive results for individual pupils", referred to in that answer, is?"
- The Deputy of St. John will ask the following question of the Minister for Education –
"Will the Minister provide an explanation for the re-introduction of Standard Assessment Tests (SATs) at primary-school level; and advise what purpose such tests serve and how they are conducive to assessing the overall progress of an individual student in education?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social Security –
"Will the Minister inform members whether the report Living Longer: Thinking Ahead' was produced internally and state to what extent, if any, advice was sought from either the Statistics Unit or other external advisors on the neutrality of the questions and on the interpretation of the results of the survey on which the report was based?"
- 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 whether the report Mental Health Quality Report 2017' was produced internally and state to what extent, if any, advice was sought from either the Statistics Unit or other external advisors on the neutrality of the questions and on the interpretation of the results of the survey on which the report was based?"
- Deputy M.R. Higgins of St. Helier will ask the following question of H.M. Attorney General –
"Further to a response given on 14th June 2016 to a question regarding the rôle of the Jurats in a remise des biens, will H.M. Attorney General provide members with the details of the rôle of Jurats, from the time of their appointment by the Court to the final payment of creditors, including their interaction with the subjects of the remise; and will he further explain the meaning of the term bon père' in the context of a remise?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"Further to the answer to written question 1(260) of 2nd May 2017, will the Chief Minister explain when the Judicial Greffe arranged for each of the Human Rights audits of the practices and procedures of Jersey's courts and tribunals to be carried out, by whom they were carried out, and where the findings of these audits can be examined?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister provide members with the details of the specific duties and targets, if any, he assigned to the Assistant Chief Minister with responsibility for Financial Services, Digital, Competition and Innovation matters appointed in November 2014, either upon the Assistant Chief Minister's appointment or subsequently; and will he further provide the details of what particular outcomes the Assistant Chief Minister achieved in those areas of responsibility before he resigned?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"In relation to the Assistant Chief Minister with responsibility for Financial Services, Digital, Competition and Innovation matters who was appointed in November 2014, will the Chief Minister publish the work-diary of that Assistant Chief Minister, from the date of his appointment to his resignation, showing whom he met, when and where he met them, and for what purpose; and will he also confirm the amount of travel that the Assistant Chief Minister undertook, the cost of any such travel and how many air miles, if any, he personally acquired from any such travel?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Infrastructure –
"Further to his answer to oral question 1(266) on 2nd May 2017, will the Minister confirm for members what odour-control systems will be fitted to the new sewage treatment works to be built at Bellozanne and state the extent to which they will eliminate all odours discernible by nearby residents; and will he also inform members of the cost of any such odour-control systems, and the overall estimated cost of the total sewage treatment works?"
- Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Chief Minister –
"Further to the presentation on 15th March 2017 of the Education and Home Affairs Scrutiny Panel's report Tertiary Education: Student Finance' (S.R2/2017), will the Chief Minister advise when his Ministerial Response to that report will be presented to the Assembly, and will he publish the terms of reference and an update about the progress of the Ministerial Sub-Committee tasked with finding a solution to the problems of financing students?"
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2017
June 6th Housing Social Security June 20th Environment Chief Minister 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