States Assembly | Order Paper 27th November 2017

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STATES OF JERSEY ORDER PAPER

MONDAY 27th NOVEMBER 2017

SUMMARY

2.45 p.m. Communications by the Presiding Officer and other announcements Appointments, matters of privilege, petitions (if any)

Approx. 2.55 p.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 Social Security two Ministers Chief Minister

Statements (if any) -----------------------------------------------

28th November 2017 Draft Budget Statement 2018 (P.90/2017) 9.30 a.m.

Draft Budget Statement 2018 (P.90/2017): amendment (P.90/2017 Amd.) (States payment of Parish rates)

Draft Budget Statement 2018 (P.90/2017): amendment (P.90/2017 Amd.) – amendment (P.90/2017 Amd.Amd.)

Draft Budget Statement 2018 (P.90/2017): second amendment (P.90/2017 Amd.(2)) (Vehicle Emission Duty)

Draft Budget Statement 2018 (P.90/2017): third amendment (P.90/2017 Amd.(3)) (Everyone on Marginal Rate of 25% except HVRs)

Draft Budget Statement 2018 (P.90/2017): fourth amendment (P.90/2017 Amd.(4)) (Various measures)

Draft Budget Statement 2018 (P.90/2017): fourth amendment (P.90/2017 Amd.(4)) – amendment (P.90/2017 Amd.(4)Amd.)

Draft Budget Statement 2018 (P.90/2017): fifth amendment (P.90/2017 Amd.(5)) (U.K. firms which charge VAT)

Draft Budget Statement 2018 (P.90/2017): fifth amendment (P.90/2017 Amd.(5)) – amendment (P.90/2017 Amd.(5)Amd.)

Draft Budget Statement 2018 (P.90/2017): sixth amendment (P.90/2017 Amd.(6)) (Digital Services supplies to levy GST rather than VAT)

Draft Budget Statement 2018 (P.90/2017): sixth amendment (P.90/2017 Amd.(6)) – amendment (P.90/2017 Amd.(6)Amd.)

Draft Budget Statement 2018 (P.90/2017): seventh amendment (P.90/2017 Amd.(7)) (Taxation of profits arising from mutual trading)

Draft Budget Statement 2018 (P.90/2017): eighth amendment (P.90/2017 Amd.(8)) (CICRA investigation of liquor trade)

Draft Finance (2018 Budget) (Jersey) Law 201- (P.98/2017)

Draft Finance (2018 Budget) (Jersey) Law 201- (P.98/2017): amendment (P.98/2017 Amd.)

Draft Finance (2018 Budget) (Jersey) Law 201- (P.98/2017): amendment (P.98/2017 Amd.) – amendment (P.98/2017 Amd.Amd.)

Draft Public Employees (Pensions) (Deferred Pensions, Transfer Payments and Refund of Contributions) (Miscellaneous Amendments) (Jersey) Regulations 201- (P.93/2017)

Draft Public Employees (Pensions) (Deferred Pensions, Transfer Payments and Refund of Contributions) (Miscellaneous Amendments) (Jersey) Regulations 201- (P.93/2017): amendment (P.93/2017 Amd.)

Draft Loi (201-) (Amendement No. 6) sur la propriété foncière (P.94/2017)

Draft EU Legislation (Payment Services – SEPA) (Amendment) (Jersey) Regulations 201- (P.99/2017)

Short-Term Incapacity Allowance: lower threshold (P.102/2017)

Minimum Wage: revocation of Social Security Order (R&O.109/2017) and amendment of States Act dated 21st April 2010 (P.109/2017)

Arrangement of public business at subsequent meetings

The Assembly will convene at 9.30 a.m. on 28th November 2017 to consider public business. 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 29th and Thursday 30th November 2017 if necessary.

STATES OF JERSEY ORDER PAPER

MONDAY 27th NOVEMBER 2017 at 2.45 p.m.

COMMUNICATIONS BY THE PRESIDING OFFICER
TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)

Road Traffic ( St. Helier ) (Amendment No. 33) (Jersey) Order 2017. R&O.121/2017. Minister for Infrastructure.

DOCUMENTS PRESENTED

Minimum Wage: revocation of Social Security Order (R&O.109/2017) and P.109/2017. amendment of States Act dated 21st April 2010 (P.109/2017) – comments. Com. Presented: 23rd November 2017, Minister for Social Security.

States of Jersey Complaints Board: findings – complaint by Mr. and Mrs. A. against R.108/2017. a decision of the Minister for Education regarding an appeal in respect of the student Res. grant for their son (Mr. A. (Junior)) – response of the Minister.

Presented: 23rd November 2017, Minister for Education.

Land Transactions under Standing Order 168(3) – R.123/2017.

26 Clos des Sables, St. Brelade , JE3 8HJ – proposed lease;
acquisition of The Maisonette', 44 Kensington Place, St. Helier .

Presented: 22nd November 2017, Minister for Infrastructure.

Cyber Security Strategy. R.124/2017. Presented: 23rd November 2017, Council of Ministers.

Decision Making: Selecting a Site for the Future Hospital (March 2012 – R.125/2017. February 2016).

Presented: 23rd November 2017, Comptroller and Auditor General.

Draft Budget 2018 Interim Report (Impôts Duties). S.R.10/2017. Presented: 23rd November 2017, Corporate Services Scrutiny Panel.

NOTIFICATION OF LODGED PROPOSITIONS

Draft Budget Statement 2018 (P.90/2017): amendment (P.90/2017 Amd.) – P.90/2017. amendment. Amd.Amd. Lodged: 21st November 2017, Comité des Connétable s.

Draft Budget Statement 2018 (P.90/2017): fourth amendment P.90/2017. (P.90/2017 Amd.(4)) – amendment. Amd.(4). Lodged: 22nd November 2017, Minister for Treasury and Resources. Amd.

Draft Budget Statement 2018 (P.90/2017): fifth amendment (P.90/2017 Amd.(5)) – P.90/2017. amendment. Amd.(5). Lodged: 22nd November 2017, Minister for Treasury and Resources. Amd. Draft Budget Statement 2018 (P.90/2017): sixth amendment (P.90/2017 Amd.(6)) – P.90/2017. amendment. Amd.(6). Lodged: 22nd November 2017, Minister for Treasury and Resources. Amd.

Draft Finance (2018 Budget) (Jersey) Law 201- (P.98/2017): amendment P.98/2017. (P.98/2017 Amd.) – amendment. Amd.Amd. Lodged: 21st November 2017, Comité des Connétable s.

Jersey Gas Works site: development by Andium Homes Limited. P.114/2017. Lodged: 21st November 2017, Council of Ministers.

WITHDRAWAL OF LODGED PROPOSITIONS
APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
MATTERS OF PRIVILEGE
PETITIONS
QUESTIONS

– Written Questions(attached)

1(617) 1. H.M. Attorney General will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier

regarding political polling undertaken by private companies.

1(618) 2. The Minister for Social Security will table an answer to a question asked by Deputy S.Y. Mézec of

St. Helier regarding the cost of subsidising GP visits.

1(619) 3. The Minister for Health and Social Services will table an answer to a question asked by Deputy

S.Y. Mézec of St. Helier regarding the provision of general nursing training in Jersey.

1(620) 4. The Minister for Infrastructure will table an answer to a question asked by Deputy G.P. Southern

of St. Helier regarding roads surrounding the Millennium Town Park.

– Oral Questions (120 minutes)

1(626) 1. Senator P.F.C. Ozouf will ask the following question of the Minister for Treasury and Resources –

"What is the Minister's assessment of the validity of Jersey Finance's criticism of his Budget proposals, as contained in a submission dated 14th November 2017 to the Corporate Services Scrutiny Panel?"

1(625) 2. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Home Affairs –

"Further to the Jersey Community Relations Trust's Contribution to the Women's Resource Centre, Convention on the Elimination of all Forms of Discrimination Against Women, Shadow Report', published in 2012, what assessment has the Minister made of the validity of the report's finding that there is "a clear gender disparity in the Judiciary" and "that there needs to be a more concerted effort to address this imbalance"?"

1(623) 3. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Home Affairs –

"In the last two years, how many teachers in Jersey have resigned from the profession before retirement?"

1(622) 4. Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Minister for

Education –

"Further to oral question 1(572), tabled on Tuesday 31st October 2017, will the Minister confirm the reason for the delay in the presentation of the Early Years' Childhood Partnership report?"

1(616) 5. Deputy J.M. Maçon of St. Saviour will ask the following question of the Chief Minister –

"As Chairman of the Student Financing Sub-Committee, will the Chief Minister explain what has happened with the consultation on proposals in respect of student finance which was due to be published in mid-November?"

1(621) 6. Deputy K.C. Lewis of St. Saviour will ask the following question of the Chief Minister –

"Further to reports that the all-weather lifeboat, the George Sullivan, has been sent to the U.K. and the crew stood down, what action, if any, is the Chief Minister taking to ensure the reinstatement of an all-weather lifeboat service?"

1(624) 7. Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister –

"Following the withdrawal of the all-weather lifeboat service from St. Helier provided by the R.N.L.I., what steps have been taken by the States to continue to ensure Islanders' safety when out at sea?"

1(627) 8. Senator P.F.C. Ozouf will ask the following question of the Minister for Housing –

"Could the Minister provide the latest available figures for current demand and supply for homes, split by social rented, affordable purchase and entitled', as well as projected figures per annum until 2020?"

– Questions to Ministers without notice (30 minutes) –

1st question period – Minister for Social Security

2nd question period – Chief Minister

PERSONAL STATEMENTS
STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
PUBLIC BUSINESS

(Consideration of Public Business to commence at 9.30 a.m. on Tuesday 28th November 2017)

Draft Budget Statement 2018. P.90/2017. Lodged: 3rd October 2017, Minister for Treasury and Resources.

Draft Budget Statement 2018 (P.90/2017): amendment. P.90/2017. Lodged: 14th November 2017, Connétable of St. Helier . Amd. Draft Budget Statement 2018 (P.90/2017): amendment (P.90/2017 Amd.) – P.90/2017. amendment. Amd.Amd. Lodged: 21st November 2017, Comité des Connétable s.

Draft Budget Statement 2018 (P.90/2017): second amendment. P.90/2017. Lodged: 14th November 2017, Connétable of Grouville . Amd.(2)

Draft Budget Statement 2018 (P.90/2017): third amendment. P.90/2017. Lodged: 14th November 2017. Amd.(3) Deputy S.Y. Mézec of St. Helier .

Draft Budget Statement 2018 (P.90/2017): fourth amendment. P.90/2017. Lodged: 15th November 2017, Senator P.F.C. Ozouf . Amd.(4)

Note: Because of the requirement for a two-week lodging period the amendment lodged by Senator Ozouf cannot be debated before Wednesday 29th November 2017. The Senator has indicated that he will therefore seek the agreement of the Assembly, under Standing Order 26(7), to reduce the lodging period in order that this matter can be debated at the meeting.

Draft Budget Statement 2018 (P.90/2017): fourth amendment P.90/2017. (P.90/2017 Amd.(4)) – amendment. Amd.(4). Lodged: 22nd November 2017, Minister for Treasury and Resources. Amd.

Note: Because of the requirement for a one-week lodging period the amendment lodged by Minister for Treasury and Resources to the amendment of Senator Ozouf cannot be debated before Wednesday 29th November 2017. The Minister has indicated that he will therefore seek the agreement of the Assembly, under Standing Order 26(7), to reduce the lodging period in order that this matter can be debated at the meeting.

Draft Budget Statement 2018 (P.90/2017): fifth amendment. P.90/2017. Lodged: 15th November 2017, Senator P.F.C. Ozouf . Amd.(5)

Draft Budget Statement 2018 (P.90/2017): fifth amendment (P.90/2017 Amd.(5)) – P.90/2017. amendment. Amd.(5). Lodged: 22nd November 2017, Minister for Treasury and Resources. Amd.

Draft Budget Statement 2018 (P.90/2017): sixth amendment. P.90/2017. Lodged: 15th November 2017, Senator P.F.C. Ozouf . Amd.(6)

Draft Budget Statement 2018 (P.90/2017): sixth amendment P.90/2017. (P.90/2017 Amd.(6)) – amendment. Amd.(6). Lodged: 22nd November 2017, Minister for Treasury and Resources. Amd.

Draft Budget Statement 2018 (P.90/2017): seventh amendment. P.90/2017. Lodged: 15th November 2017, Senator P.F.C. Ozouf . Amd.(7)

Draft Budget Statement 2018 (P.90/2017): eighth amendment. P.90/2017. Lodged: 16th November 2017, Senator P.F.C. Ozouf . Amd.(8)

Note: Because of the requirement for a two-week lodging period the amendment lodged by Senator Ozouf cannot be debated before Thursday 30th November 2017. The Senator has indicated that he will therefore seek the agreement of the Assembly, under Standing Order 26(7), to reduce the lodging period in order that this matter can be debated at the meeting.

Draft Finance (2018 Budget) (Jersey) Law 201-. P.98/2017. Lodged: 17th October 2017, Minister for Treasury and Resources.

Draft Finance (2018 Budget) (Jersey) Law 201- (P.98/2017): amendment. P.98/2017. Lodged: 14th November 2017, Connétable of St. Helier . Amd.

Draft Finance (2018 Budget) (Jersey) Law 201- (P.98/2017): amendment P.98/2017. (P.98/2017 Amd.) – amendment. Amd.Amd. Lodged: 21st November 2017, Comité des Connétable s.

Draft Public Employees (Pensions) (Deferred Pensions, Transfer Payments and P.93/2017. Refund of Contributions) (Miscellaneous Amendments) (Jersey) Regulations

201-.

Lodged: 10th October 2017, Chief Minister.

Draft Public Employees (Pensions) (Deferred Pensions, Transfer Payments and P.93/2017. Refund of Contributions) (Miscellaneous Amendments) (Jersey) Regulations 201- Amd. (P.93/2017): amendment.

Lodged: 14th November 2017, Chief Minister.

Draft Loi (201-) (Amendement No. 6) sur la propriété foncière. P.94/2017. Lodged: 11th October 2017, Chief Minister.

Draft EU Legislation (Payment Services – SEPA) (Amendment) (Jersey) P.99/2017. Regulations 201-.

Lodged: 17th October 2017, Chief Minister.

Short-Term Incapacity Allowance: lower threshold. P.102/2017. Lodged: 23rd October 2017, Deputy G.P. Southern of St. Helier .

Minimum Wage: revocation of Social Security Order (R&O.109/2017) and P.109/2017. amendment of States Act dated 21st April 2010.

Lodged: 31st October 2017, Deputy S.Y. Mézec of St. Helier .

Minimum Wage: revocation of Social Security Order (R&O.109/2017) and amendment P.109/2017. of States Act dated 21st April 2010 (P.109/2017) – comments. Com. Presented: 23rd November 2017, Minister for Social Security.

ARRANGEMENT OF PUBLIC BUSINESS

11th December 2017

(Meeting to commence at 2.30 p.m. on Monday 11th December 2017. Consideration of Public Business to commence at 9.30 a.m. on 12th December 2017.)

Draft Public Health and Safety (Rented Dwellings) (Jersey) Law 201-. P.66/2017. Lodged; 17th July 2017, Minister for the Environment.

Note: Note: The 2nd reading of the Draft Law will resume, following adoption of the principles on 31st October 2017 and the subsequent referral to the Environment, Housing and Infrastructure Scrutiny Panel under Standing Order 72(1).

States Employment Board: living wage 2017. P.72/2017. Lodged: 31st July 2017, Deputy G.P. Southern of St. Helier .

Draft Petty Debts Court (Miscellaneous Amendments) (Jersey) Regulations 201-. P.95/2017. Lodged: 12th October 2017, Chief Minister.

Draft States of Jersey (Appointment Procedures) (Jersey) Law 201-. P.97/2017. Lodged: 13th October 2017, Privileges and Procedures Committee. (re-issue)

Jersey Infrastructure Levy: approval in principle. P.100/2017. Lodged: 20th October 2017, Minister for the Environment.

Draft Royal Court (Amendment No. 15) (Jersey) Law 201-. P.101/2017. Lodged: 23rd October 2017, Deputy M. Tadier of St. Brelade .

Draft Employment (Minimum Wage) (Amendment No. 14) (Jersey) Regulations P.104/2017. 201-.

Lodged: 24th October 2017, Minister for Social Security.

Draft Howard Davis Farm (Arrangements for further Abrogation of Covenant) P.105/2017. (Jersey) Law 201-.

Lodged: 24th October 2017, Minister for Infrastructure.

Draft Statistics and Census (Jersey) Law 201-. P.106/2017. Lodged: 27th October 2017, Chief Minister.

Future Hospital: approval of preferred scheme and funding. P.107/2017. Lodged: 31st October 2017, Minister for Treasury and Resources.

Draft Public Finances (Amendment No. 5) (Jersey) Law 201-. P.111/2017. Lodged: 7th November 2017, Minister for Treasury and Resources.

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Treasury and Resources cannot be debated before Tuesday 19th December 2017. The Minister has indicated that he will therefore seek the agreement of the Assembly, under Standing Order 26(7), to reduce the lodging period in order that this matter can be debated at the meeting.

Independent Jersey Care Inquiry Report: implementation of recommendations. P.108/2017. Lodged: 31st October 2017, Chief Minister.

16th January 2018 . Draft Road Traffic (No. 63) (Jersey) Regulations 201-. P.67/2017.

Lodged: 17th July 2017, Minister for Infrastructure.

JT Group Limited: restructuring of enterprise. P.96/2017. Lodged: 12th October 2017, Senator S.C. Ferguson.

JT Group Limited: restructuring of enterprise (P.96/2017) – comments. P.96/2017. Presented: 13th November 2017, Council of Ministers. Com.

JT Group Limited: restructuring of enterprise (P.96/2017) – amendment. P.96/2017. Lodged: 31st October 2017, Senator S.C. Ferguson. Amd.

Draft Connétable s (Amendment No. 2) (Jersey) Law 201-. P.112/2017. Lodged: 14th November 2017, Privileges and Procedures Committee.

Income Support: reinstatement of single parent component. P.113/2017. Lodged: 15th November 2017.

Health and Social Security Scrutiny Panel.

Jersey Gas Works site: development by Andium Homes Limited. P.114/2017. Lodged: 21st November 2017, Council of Ministers.

30th January 2018

Jersey Electricity plc.: referral of stand-by charges to the Channel Islands P.88/2017. Competition and Regulatory Authorities.

Lodged: 26th September 2017, Deputy of Grouville .

Draft Liquor Licensing (Jersey) Law 201-. P.103/2017. Lodged: 24th October 2017, Minister for Economic Development, Tourism, Sport and

Culture.

DR. M. EGAN Greffier of the States

22nd November 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 29th and Thursday 30th November 2017.

Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)

R&O.121/2017.

Road Traffic ( St. Helier ) (Amendment No. 33) (Jersey) Order 2017.

This Order amends the Road Traffic ( St. Helier ) (Jersey) Order 1996 ("principal Order") to make provision to allow internet payments for parking charges on public roads in St. Helier as an alternative to purchase of pay cards.

Article 1 is an interpretation provision.

Articles 2 to 7 insert a definition of "valid remote payment" in the principal Order and makes consequential amendments to the Order to allow internet payments for parking charges. It also makes provision for a digital photograph to be used as evidence of a vehicle parked at a parking place and for a printed copy of records held by the Minister for Infrastructure of valid remote payments to be prima facie evidence of whether or not a valid remote payment has been made.

Article 8 sets out the title of the Order and provides for its commencement.

The Order was made on 20th November 2017 and came into force on 27th November 2017.

WRITTEN QUESTIONS (See Item I(a))

H.M. Attorney General will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –

"What legislation, if any, exists to govern political opinion-polling conducted by private companies on behalf of prospective election candidates?"

The Minister for Social Security will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –

"Could the Minister indicate how much is spent per year on subsidising GP appointments for Islanders and further give estimates as to the potential cost of fully subsidising the service to allow people to attend appointments with their GP without having to pay?"

The Minister for Health and Social Services will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –

"Could the Minister indicate how many people are undertaking general nursing training in Jersey, including a breakdown of numbers in year group of study? Could he further indicate the cost of covering the tuition fees for these courses?"

The Minister for Infrastructure will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

"Further to the answers given on 14th November 2017, will the Minister release to members the TMS (Parsons Brinkerhoff) design development/Safety Review commissioned in 2011, along with minutes or notes from departmental meetings at which the design brief/project funding/budget was discussed internally or with external agencies in 2010/11, and if not why not?

Why was it agreed on 27th September 2011 that the Town Park Capital Budget would fund all road improvements in Gas Place and Oxford Road (including rising bollards), but not Robin Place/Tunnell Street? What is the difference, if any, between these two access points?

Will the Minister release any minutes or papers to support his assertion in paragraph (c) of his written answer that the Council of Ministers had agreed funding for the creation of the Park?

Is it the case that there was no agreement between the Parish and Infrastructure over the removal of funding for rising bollards in Robin Place as recorded in the exchange of emails on 27/09/2011 and 04/11/2011?

What justification, if any, was given for the decision made in December 2012 to repay contingency funding of £500,000 despite the failure to agree Tunnell Street access with the Parish?"

ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))

Questions without notice 2017

December 11th Home Affairs Treasury and Resources

Questions without notice 2018

1st Session 2018

January 16th Health and Social Services Chief Minister

January 30th Education Economic Development, Tourism,

Sport and Culture

February 20th Housing Chief Minister

March 6th Treasury and Resources Environment

March 20th External Relations Chief Minister

April 10th Social Security Home Affairs

June 26th Infrastructure Chief Minister July 10th Health and Social Services Education

2nd Session 2018

September 11th Economic Development, Tourism, Chief Minister

Sport and Culture

September 25th Housing Treasury and Resources October 9th Environment Chief Minister

October 23rd External Relations Social Security November 6th Home Affairs Chief Minister

November 20th Infrastructure Health and Social Services December 4th Education Chief Minister