This content has been automatically generated from the original PDF and some formatting may have been lost. Let us know if you find any major problems.
Text in this format is not official and should not be relied upon to extract citations or propose amendments. Please see the PDF for the official version of the document.
STATES OF JERSEY ORDER PAPER
30th JANUARY 2017
SUMMARY
2.45 p.m. Communications by the Presiding Officer and other announcements Appointments, matters of privilege, petitions (if any)
Appointment of a Member who is either a Minister or Assistant Minister to the Privileges and Procedures Committee.
Approx. 3.00 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 Housing two Ministers Chief Minister
Statements (if any)
-----------------------------------------------
31st January 2017 Future Hospital Funding Strategy (as amended) (P.130/2016)
9.30 a.m.
Note: The Chairman of the Corporate Services Scrutiny Panel will confirm whether or not the Panel wishes to have the proposition, as amended, referred to it under Standing Order 79(4). In the event the Chairman wishes the proposition to be referred to it, the Assembly must decide at which meeting the debate should be listed to resume. In the event the Chairman does not wish the proposition to be referred to it, the debate may either continue immediately or the Assembly must decide at which meeting the debate should be listed to resume. The debate must be listed to resume no later than the fourth meeting following this meeting, that fourth meeting being the meeting of 18th April 2017.
Vote of No Confidence: States Employment Board (P.137/2016) Draft Commissioner for Standards (Jersey) Law 201- (P.87/2016)
Draft Commissioner for Standards (Jersey) Law 201- (P.87/2016): second amendment (P.87/2016 Amd.(2))
Composition and Election of the States Assembly (P.133/2016)
Composition and Election of the States Assembly (P.133/2016): amendment (P.133/2016 Amd.)
Composition and Election of the States Assembly (P.133/2016): second amendment (P.133/2016 Amd.(2))
Composition and Election of the States Assembly (P.133/2016): third amendment (P.133/2016 Amd.(3))
Composition and Election of the States Assembly (P.133/2016): fourth amendment (P.133/2016 Amd.(4))
Draft The Law Society of Jersey (Amendment No. 4) Law 201- (P.136/2016)
Arrangement of public business at subsequent sittings
The Assembly will convene at 9.30 a.m. on 31st January 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 1st February, Thursday 2nd February and Friday 3rd February 2017 if necessary.
STATES OF JERSEY ORDER PAPER
30th JANUARY 2017 at 2.45 p.m.
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Education (Discretionary Grants – Amounts) (Amendment No. 8) (Jersey) Order R&O.5/2017. 2017.
Road Traffic (Public Parking Places – Charges) (Jersey) Order 2017. R&O.6/2017. Minister for Infrastructure.
Animal Health (African Horse Sickness) (Jersey) Order 2017. R&O.7/2017. Minister for the Environment.
Animal Health (Amendment of Law and Revocation of Miscellaneous Orders) R&O.8/2017. (Jersey) Order 2017.
Minister for the Environment.
Animal Health (Bird Diseases) (Jersey) Order 2017. R&O.9/2017. Minister for the Environment.
Animal Health (Foot and Mouth Disease) (Jersey) Order 2017. R&O.10/2017. Minister for the Environment.
Animal Health (Importation of Miscellaneous Goods and Animals) (Jersey) Order R&O.11/2017. 2017.
Minister for the Environment.
Animal Health (Miscellaneous Exotic Diseases) (Jersey) Order 2017. R&O.12/2017. Minister for the Environment.
Animal Health (Surveillance) (Jersey) Order 2017. R&O.13/2017. Minister for the Environment.
Animal Health (Swine) (Jersey) Order 2017. R&O.14/2017. Minister for the Environment.
Animal Health (Tuberculosis) (Jersey) Order 2017. R&O.15/2017. Minister for the Environment.
Artificial Insemination of Domestic Animals (Bovine Semen) (Amendment No. 2) R&O.16/2017. (Jersey) Order 2017.
Minister for the Environment.
EU Legislation (Aquatic Animal Health – Amendment of Regulations) (Jersey) R&O.17/2017. Order 2017.
Minister for the Environment.
- DOCUMENTS PRESENTED
Land Transactions under Standing Order 168(3) – Oxford Road Workshop and R.7/2017. 9 Chevalier Road – sale.
Presented: 25th January 2017, Minister for Infrastructure.
- NOTIFICATION OF LODGED PROPOSITIONS
- WITHDRAWAL OF LODGED PROPOSITIONS
In accordance with Standing Order 34(1), the proposers of the following propositions lodged au Greffe' have informed the Greffier of the States that they are to be withdrawn –
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
Appointment of a Member who is either a Minister or Assistant Minister to the Privileges and Procedures Committee.
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
1(55) 1. The Chief Minister will table an answer to a question asked by Deputy R. Labey of St. Helier
regarding the parameters of ministerial responsibility and accountability.
1(56) 2. The Chief Minister will table an answer to a question asked by Deputy J.M. Maçon of St. Saviour
regarding the resignation of the Assistant Chief Minister with responsibility for the financial services industry, digital sector, and competition and innovation.
1(57) 3. The Minister for Infrastructure will table an answer to a question asked by Deputy J.M. Maçon of
St. Saviour regarding the junction of Rue des Prés and Longueville Road.
1(58) 4. The Minister for Infrastructure will table an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding traffic-calming measures on Longueville Road and Bagot Road.
1(59) 5. The Minister for Education will table an answer to a question asked by Deputy M. Tadier of
St. Brelade regarding the turnover of staff at non-private primary schools.
1(60) 6. H.M. Attorney General will table an answer to a question asked by the Connétable of St. Mary
regarding the legal status of Long-Term Care contributions.
1(62) 7. The Minister for Education will table an answer to a question asked by the Deputy of St. John
regarding the funding of nursery education.
1(63) 8. The Minister for Social Security will table an answer to a question asked by the Deputy of St. John
regarding the Long-Term Care scheme.
1(64) 9. The Chief Minister will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier
regarding appointments undertaken by the Assistant Chief Minister with responsibility for the financial services industry, digital sector, and competition and innovation.
1(65) 10. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to a
question asked by Deputy S.Y. Mézec of St. Helier regarding legislative measures taken to promote economic growth.
1(66) 11. The Minister for Health and Social Services will table an answer to a question asked by Deputy
S.Y. Mézec of St. Helier regarding measures taken to alleviate the burden on Accident and Emergency services.
1(67) 12. The Chief Minister will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier
regarding loans from the Jersey Innovation Fund approved by the Minister for Economic Development, Tourism, Sport and Culture.
1(68) 13. The Chief Minister will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier
regarding the status of businesses which had applications for loans from the Jersey Innovation Fund refused.
1(69) 14. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding ministerial approval of loans from the Jersey Innovation Fund.
1(70) 15. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding ministerial responsibility for the financial services industry, digital sector, and competition and innovation.
1(71) 16. H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of
St. Helier regarding the structure and working practices of the Law Officers' Department.
1(72) 17. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier
regarding meetings held in relation to the contract with Mr. Alwitry.
1(73) 18. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier
regarding the involvement of consultants in the process to terminate the contract with Mr. Alwitry. 1(74) 19. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier
regarding the terms of reference for reports commissioned into the termination of Mr. Alwitry's
contract of employment.
1(75) 20. The Minister for Health and Social Services will table an answer to a question asked by Deputy
M.R. Higgins of St. Helier regarding the job advertisement and contractual documents provided to Mr. Alwitry.
1(76) 21. The Chief Minister will table an answer to a question asked by Deputy R. Labey of St. Helier
regarding accountability for the loan provided from the Jersey Innovation Fund in respect of the Logfiller application.
- – Oral Questions (120 minutes)
1(83) 1. Senator S.C. Ferguson will ask the following question of the Minister for Treasury and Resources –
"When did the last States' fuel contract finish and when is the new one expected to be signed?" 1(78) 2. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for the
Environment –
"Further to the media statement from his Department on 24th January 2017 that there has been an incidence of asbestos fly tipping at Maufant, will the Minister, in consultation with colleagues, seek to increase the penalties for those found guilty of such an offence?"
1(89) 3. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Housing –
"Given the 2015 report on Housing Affordability in Jersey, published in December 2016, stated that "almost three-quarters (73%) of lower-income households living in qualified private rental accommodation could be considered as being in rental stress'", what measurable steps, if any, will the Minister take to ensure that this figure is significantly reduced?"
1(86) 4. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Education –
"What negotiations, if any, have taken place (including at what level and with whom) with teachers' representatives over the restructuring of teachers' pay scales and, in particular, the decision to reduce the starting salaries for newly qualified teachers; and, if none, why have none taken place?"
1(93) 5. Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister –
"What plans, if any, does the Chief Minister have to safeguard the interests of Jersey's finance industry throughout the upcoming Brexit negotiations and what does he perceive to be the biggest risks to the finance industry arising from Brexit?"
1(90) 6. Deputy J.M. Maçon of St. Saviour will ask the following question of the Chief Minister –
"Following the debate on P.130/2016 and its referral to Scrutiny, what lessons have the Council of Ministers learned from those circumstances; and what changes to processes and procedures, if any, will be put in place as a result?"
1(77) 7. The Deputy of Grouville will ask the following question of the Minister for Education –
"Will the Minister tell the Assembly to what extent the citizenship programme is regularly taught in all the Island's secondary schools and how much of the programme, if any, is based on Jersey's constitution, political system and local politics?"
1(81) 8. The Deputy of St. Ouen will ask the following question of the Minister for Social Security –
"Given the unanimous decision of the Assembly on 16th November 2016 that exclusivity clauses in zero-hour contracts should be prohibited, why does the Minister's Business Plan for 2017 not include any proposals to implement that decision?"
1(82) 9. The Deputy of St. Ouen will ask the following question of the Minister for Health and Social
Services –
"Following the launch in the United Kingdom of the Faculty of Physician Associates at the Royal College of Physicians in July 2015, will the Minister undertake to consider whether or not the recruitment of physician associates would support consultants and staff and ease recruitment pressures on hospital services in Jersey?"
1(79) 10. The Deputy of Grouville will ask the following question of the Minister for Treasury and
Resources –
"Given that, in his answer to a written question from the Deputy of St. John on 17th January 2017, the Minister indicated that balanced budgets would be achieved by 2019 by, amongst other things, "future revenue raising measures to replace the health charge funding", will he advise what such measures will consist of?"
1(87) 11. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social
Security –
"When recipients of Income Support are subject to the withholding of benefits, what criteria are used by the Department to assess what repayment regime is reasonable?"
1(94) 12. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"What individual measures, if any, has the Minister taken since taking office for which a tangible benefit for small businesses in the Island can be demonstrated?"
1(92) 13. Deputy J.M. Maçon of St. Saviour will ask the following question of the Chief Minister –
"Will the Chief Minister explain when changes will be brought forward to remove the requirement for official notices to be published in the local newspaper and advise of the reasons for the time taken for these changes to be implemented?"
1(91) 14. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"Further to news that some competitors are withdrawing from the Island Games in Gotland, Sweden, due to the high cost involved, what further measures, if any, is the Minister taking to assist with travel and accommodation expenses?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Housing
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 31st January 2017)
Future Hospital Funding Strategy (as amended) P.130/2016. Lodged: 30th November 2016, Minister for Treasury and Resources.
Note: The Chairman of the Corporate Services Scrutiny Panel will confirm whether or not the Panel wishes to have the proposition, as amended, referred to it under Standing Order 79(4). In the event the Chairman wishes the proposition to be referred to it, the Assembly must decide at which meeting the debate should be listed to resume. In the event the Chairman does not wish the proposition to be referred to it, the debate may either continue immediately or the Assembly must decide at which meeting the debate should be listed to resume. The debate must be listed to resume no later than the fourth meeting following this meeting, that fourth meeting being the meeting of 18th April 2017.
Composition and Election of the States Assembly (P.133/2016): amendment. P.133/2016. Lodged: 13th January 2017, Senator P.F.C. Ozouf . Amd.
- ARRANGEMENT OF PUBLIC BUSINESS 14th February 2017
Draft Employment of States of Jersey Employees (Amendment No. 8) (Jersey) P.105/2016. Regulations 201-.
Lodged: 5th October 2016, States Employment Board.
Deputy G.P. Southern of St. Helier .
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.
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
25th January 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 1st February, Thursday 2nd February and Friday 3rd February 2017.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.5/2017.
Education (Discretionary Grants – Amounts) (Amendment No. 8) (Jersey) Order 2017.
This Order amends the Education (Discretionary Grants – Amounts) (Jersey) Order 2008 (the "principal Order") to reflect the annual increase in costs for students undertaking courses of higher education.
Article 2 amends the Table in Article 2 of the principal Order so as to include so-called "fast-track" degree courses, and standard degree courses studied in Jersey (items 3 and 6 in the Table), and the period of weeks over which such courses run in an academic year. This is for the purpose of calculating the maintenance costs for such courses by reference to a weekly rate which is based on current income support rates. Maintenance costs for Buckingham University courses are now covered under item 1 in the Table. There is approximately a 9% increase in respect of items 1, 2, 4 and 5 in the Table. These amounts were last increased in 2014.
Article 3 amends Article 4 of the principal Order so that the relevant income in respect of a student for the purpose of calculating a student grant is increased from £26,750 (first set by the principal Order) to £34,000 (27.10%). The fixed-figure maximum final contribution in respect of any one student, in Article 4(5)(a) of the principal Order, is increased by 5.17%. This amount was last increased in 2014.
Article 4 amends Article 4A of the principal Order so as to increase the course fee cap (introduced in 2015) by 2.77%.
Article 5 amends the Table in Article 5 of the principal Order relating to distance learning grants. The relevant income thresholds for the purposes of calculating such a grant are increased by an average of 21.9%. These are the first such increases since 2008.
Article 6 amends Article 6(2) of the principal Order so as to increase the maximum relevant income threshold from £26,750 to £34,000 for the purpose of an interview attendance allowance. This is the first such increase since 2008.
The Order was made on 19th January 2017 and came into force on 20th January 2017.
R&O.6/2017.
Road Traffic (Public Parking Places – Charges) (Jersey) Order 2017.
This Order replaces the Road Traffic (Public Parking Places – Charges) (Jersey) Order 2010. The changes from the 2010 Order consist of –
- adding a new definition of "low emission vehicle" (which enables some shortening of the Order) and giving a full description of the Commission Directive referred to;
- an increase in parking charges for both pay cards and season tickets of 2%, the charges having last been increased 2 years ago;
- the addition of an address to which to send an excess charge if the excess notice was issued on behalf of the Minister for Economic Development, Tourism, Sport and Culture.
The Order was made on 23rd January 2017 and comes into force on 1st February 2017.
R&O.7/2017.
Animal Health (African Horse Sickness) (Jersey) Order 2017.
This Order provides the Minister for the Environment with the necessary powers to take action where African horse sickness ("AHS") is suspected or found in Jersey.
Part 1 – Introductory provisions
Article 1 contains the definitions and Article 2 restricts the extent of the Order's application to African horse sickness. Article 3 covers the meanings of "occupier" and "main occupier" of premises and provides for service on occupiers.
Part 2 – Suspicion and confirmation of African horse sickness
Article 4 specifies the action to be taken by a veterinary inspector and the controls that apply following notification that AHS might be present. Article 5 provides the notification and other requirements where suspicion of AHS virus is confirmed, which include the measures in the Schedule. Article 6 sets out the action to be taken if AHS virus is present. Article 7 gives powers to inspectors to prevent movement of horses onto infected premises.
Article 8 applies the power in the Animal Health (Jersey) Law 2016 to allow the killing of horses that are infected with AHS virus or show signs of the disease and provides for the disposal of carcases. Article 9 provides for the revocation of notices.
Part 3 – Area controls
Article 10 enables the imposition by the Minister of a temporary movement restriction zone on suspect premises. Under Article 11 the Minister may declare the whole of Jersey to be a controlled zone and for the measures in the Schedule to apply to the zone. In Article 12 the Minister has the power to declare either type of zone of such size as is necessary to reduce the risk of spread of AHS virus where there is a risk of the virus spreading from outside into Jersey.
Part 4 – Vaccination
Article 13 prohibits vaccination of a horse against AHS except in accordance with this Part of the Order or by licence of a veterinary inspector. Article 14 provides for compulsory vaccination of horses and imposes requirements as to identification and keeping of records. Article 15 provides for temporary restriction on the movement of vaccinated horses.
Part 5 – Closing provisions
Article 16 provides for the revocation of an existing Order under the old legislation and Article 17 provides for the naming of the Order and for its commencement.
The Order was made on 24th January 2017 and comes into force on 1st February 2017.
R&O.8/2017.
Animal Health (Amendment of Law and Revocation of Miscellaneous Orders) (Jersey) Order 2017.
This Order amends the Animal Health Jersey Law 2016 so as to add Equine Viral Encephalomyelitis and Porcine Epidemic Diarrhoea to the list of diseases to which the Law may apply and amend the entries in Schedule 2 relating to Brucella to cover all Brucella species. Various Orders made under the Diseases of Animals (Jersey) Law 1956 and one Order under the Artificial Insemination of Domestic Animals (Jersey) Law 1952 that are no longer needed with the enactment of the new Law are revoked.
The Order was made on 24th February 2017 and comes into force on 1st February 2017.
R&O.9/2017.
Animal Health (Bird Diseases) (Jersey) Order 2017.
This Order provides the Minister for the Environment with the necessary powers to take action where certain bird diseases are suspected or found in Jersey.
Part 1 – Introductory provisions
Article 1 contains the definitions and Article 2 provides for the extent of the Order's application. The diseases to which the Order applies are Newcastle disease, avian influenza and pigeon paramyxovirus 1.
Part 2 – Preventative measures
Article 3 bans imports of birds and their eggs intended for hatching except under a licence. Article 4 sets out various record-keeping requirements that apply to the keeping of 30 or more poultry. Other measures to reduce the risk of transmission of disease are in Article 5. Article 6 restricts vaccination of birds for avian influenza. Article 7 requires the vaccination of racing pigeons against paramyxovirus 1.
Part 3 – Suspicion of disease
Article 8 specifies the action to be taken by a veterinary inspector following notification that disease might be present. Under Article 9, where the disease is suspected the veterinary inspector has to serve a notice on the occupier of the premises concerned, following which the measures set out in Schedule 1 will apply. These include record-keeping, housing and isolation of birds and various restrictions on movements of birds, people, animals and other things. Article 10 enables an inspector to declare premises to or from which the disease may have spread as contact premises to which Schedule 1 then applies. Article 11 gives power for the Minister to declare a temporary controlled zone around suspect premises.
Part 4 – Infected premises and zoning
Article 12 sets out the action to be taken if disease exists on premises and the circumstances in which the measures in Schedule 2 may be imposed. There is also power to impose the measures set out in Schedule 3 to reduce the risk of spread of certain types of avian influenza. Article 13 requires the Minister in certain circumstances to declare a protection zone and a surveillance zone when disease is confirmed, and in some circumstances a restricted zone. Article 14 is concerned with protection zones the measures in respect of which are set out in Schedule 4. Measures in surveillance zones are catered for by Article 15 and Schedule 5 and Article 16 and Schedule 6 are about restricted zones. Article 17 provides for additional measures relating to zones and Article 18 provides for the ending of zones.
Part 5 – Measures to reduce the risk of spread of avian influenza viruses to other species
Article 19 requires the Minister to ensure the testing for the avian influenza virus in pigs on the premises and enables the testing of other animals there. Article 20 provides for the killing of mammals that may be infected with that disease. Article 21 restricts movements of mammals and Article 22 enables the Minister, after serving a notice on the occupier of premises to take other measures to control the spread of the virus in mammals.
Part 6 – Avian Influence H5N1 in wild birds
Article 23 provides for the declaration of wild bird control areas and monitoring areas ("areas") when a certain type of bird flu is present in a wild bird or a wild bird carcase. Further provision for the areas is in Article 24. Article 25 proves that if a wild bird or carcase with that disease is found within a protection or surveillance zone the Minister must considers whether the areas should include part or all of the zone. Article 26 and Schedule 7 provide the measures applicable to the areas. Additional measures are set out in Article 27.
Article 28 provides for the inspection of poultry within the areas and Article 29 is concern with maintenance of the areas.
Part 7 – General measures
Article 30 applies the provision concerned with the killing of animals and birds in Article 17 of the Animal Health (Jersey) Law 2016 to the avian influenza, its virus and Newcastle disease.
Article 31 provides for cleansing, disinfection and treatment of premises in accordance with Schedule 8 and Article 32 provides for the use of approved disinfectants. Article 33 is concerned with the detention and movement of vehicles.
Article 34 requires a licence to restock premises after suspicion or outbreak of disease. Article 35 imposes additional measures on restocked premises where poultry are kept for commercial purposes. Article 36 enables the measures in Article 35 to be applied to other restocked premises. Article 37 provides for the retention and production of records.
Part 8 – Closing provisions
Article 38 provides for the revocation of Orders under the now repealed Diseases of Animals (Jersey) Law 1956 relating to Avian Influenza and Fowl Pest and Article 39 names the Order and provides for its commencement.
The Order was made on 24th January 2017 and comes into force on 1st February 2017.
R&O.10/2017.
Animal Health (Foot and Mouth Disease) (Jersey) Order 2017.
This Order provides the Minister for the Environment with the necessary powers to take action where foot and mouth disease ("FMD") is suspected or found in Jersey.
Part 1 – Introductory Provisions
Article 1 contains the definitions and Article 2 provides for the extent of the Order's application, extending the definition of "animal" in the Animal Health (Jersey) Law 2016 to include all 4-legged animals.
Part 2 – Suspicion of Disease
Article 3 specifies the action to be taken by a veterinary inspector following notification that FMD might be present. Article 4 provides the notification and other requirements where suspicion of disease is confirmed. When a notice is served on the occupier designating the premises as suspect premises the measures set out in Schedule 1 apply. This Schedule sets out requirements in relation to matters including record keeping, signage, isolation and movement of animals, action to be taken with respect to animal products and waste, and cleansing and disinfection.
Article 5 gives inspectors powers in respect of animals in transit. Part 3 – Infected Premises
Article 6 sets out the action to be taken if FMD is or has been present, including the isolation of milk and fodder and Schedule 2 provides further for their treatment. Article 7 enables a veterinary inspector to declare premises to or from which the disease may have spread as contact premises to which Schedule 1 then applies.
Article 8 provides for the killing of animals and Article 9 the disposal of carcases. Article 10 provides for cleansing and disinfection in accordance with Schedule 3. Article 11 prevents restocking of contact or infected premises except under the authority of a licence granted by a veterinary inspector and in accordance with Schedule 4.
Part 4 – Suspicion and Confirmation of Disease at Slaughterhouse
Article 12 covers measures to be taken where the disease is suspected at a slaughterhouse and Article 13 sets out the measures to be taken when it is confirmed.
Part 5 – Declaration of Zones
Article 14 gives power for the Minister to declare a temporary controlled zone around suspect premises and the measures set out in Schedule 5 then apply. Article 15 prohibits vaccination except in accordance with a licence granted by a veterinary inspector, the terms of a vaccination zone declared by the Minister or a notice served by a veterinary inspector. Article 16 requires the Minister to declare a protection zone and a surveillance zone when disease is confirmed. Schedule 6 sets out the measures that apply to those zones. Article 17 provides for the amendment of the declaration creating a protection zone and revocation of the declaration creating a surveillance zone.
Part 6 – General
Article 18 provides for the cleansing and disinfection of livestock vehicles in accordance with Schedule 7 and Article 19 provides for the use of approved disinfectants.
Article 20 makes special provision where animals susceptible to FMD are kept in wildlife parks and similar premises. Article 21 makes provision for the retention of records and Article 22 provides for the Minister to charge for tests undertaken with respect to restocking.
Part 7 – Closing Provisions
Article 23 revokes the Foot-and-Mouth Disease (Jersey) Order 1958 and Article 24 names the Order and provides for its commencement.
The Order was made on 24th January 2017 and comes into force on 1st February 2017.
R&O.11/2017.
Animal Health (Importation of Miscellaneous Goods and Animals) (Jersey) Order 2017.
This Order replaces, with amendments, a similar Order under the now repealed Diseases of Animals (Jersey) Law 1956. The Order prohibits the importation of certain animals and other things into Jersey subject to some exceptions or if the person has been granted a licence by the Minister for the Environment.
There are 4 changes from the old Order. First the Order supplements the EU Legislation (Veterinary and Zootechnical Checks – Trade with Member States) (Jersey) Regulations 2016. The effect is to permit the importation of certain animals and animal products without the need for a licence. The permission is for animals (other than those of the families that include antelope, cattle, camels, sheep and goats, deer, giraffe, pigs and mouse deer) or animal products that are subject to harmonized health rules and which are imported from a member State (other than the UK) or from Liechtenstein, Switzerland and Norway in compliance with the requirements of the abovementioned Regulations or from a third country, after the animals or products have passed through a border inspection post.
Secondly, a group of animals for which importation is not permitted without a licence is clarified to refer to those of the families that include antelope, camels, sheep and goats, deer, giraffe, pigs and mouse deer, instead of referring to cloven hoofed animals. Thirdly semen of these animals and bovidae is added to the restriction except where the Artificial Insemination of Domestic Animals (Bovine Semen) Order 2008 applies. Finally badgers are added as a separate category.
The Order provides for existing licences to be valid under the new Order and for the old Order to be revoked.
The Order was made on 24th January 2017 and comes into force on 1st February 2017.
R&O.12/2017.
Animal Health (Miscellaneous Exotic Diseases) (Jersey) Order 2017.
This Order provides the Minister for the Environment with the necessary powers to take action where certain diseases are suspected or found in Jersey.
Part 1 – Introductory provisions
Article 1 contains the definitions and introduces the Schedules. Schedule 1 contains a list of diseases and the animals susceptible to each disease. Schedule 2 sets out the diseases to which certain restrictions in Schedule 3 apply and Schedule 3 sets out the measures that may be applied to suspect and infected premises and where a controlled zone is declared. Article 2 provides for the extent of the Order's application, extending the definition of "animal" in the Animal Health (Jersey) Law 2016 to include all mammals apart from man and limiting it to the diseases set out in Schedule 1.
The power to kill animals is limited to the diseases set out in Article 3. Article 4 covers the different references to "occupier" and additional obligations on the main occupier of premises in the case of diseases of horses.
Part 2 – Suspicion of a disease
Article 5 specifies the action to be taken by a veterinary inspector following notification that disease might be present. Article 6 provides for the measures applicable where disease is suspected and Article 7 enables the Minister to declare a temporary controlled zone around suspect premises and to apply such restrictions as the Minister considers necessary.
Part 3 – Infected premises
Article 8 sets out the action to be taken where presence of disease is confirmed, including specifying which restrictions apply, and Article 9 enables the Minister to arrange for the killing of animals on the premises that are susceptible to disease. Under Article 10 the Minister must arrange for the disposal of carcases and carry out preliminary cleansing and disinfection. Article 11 enables an inspector to require by notice secondary cleansing and disinfection by the occupier of premises. Article 12 provides for the use of approved disinfectants.
Article 13 requires practical vector control measures to be taken in the case of some diseases. Article 14 sets out when a notice designating premises as infected premises may be revoked. Article 15 makes provision for restocking and testing with sentinel animals.
Part 4 – Suspicion and confirmation of disease at a slaughterhouse
Article 16 excepts enzootic bovine leucosis from this Part. Article 17 enables a veterinary inspector to serve a notice on the operator of a slaughterhouse where disease may be present in an animal carcase imposing restrictions on movement and biosecurity measures. Article 18 provides for the killing of diseased animals at a slaughterhouse and the steps that need to be taken.
Part 5 – Area controls following confirmation of disease
Article 19 provides for the Minister to declare one or more controlled zones around premises where disease is confirmed and to apply restrictions to all or part of a zone.
Part 6 – Miscellaneous and closing provisions
Article 20 makes special provision for notice requirements in the case of West Nile fever. Article 21 prohibits vaccination except as specified in the Article. Article 22 makes special provision for the publication of results of a veterinary inquiry in relation to equine viral arteritis. Article 23 provides for the keeping of records.
Article 24 revokes a number of old Orders that deal with various diseases. Article 25 names the Order and proves for its commencement.
The Order was made on 24th January 2017 and comes into force on 1st February 2017.
R&O.13/2017.
Animal Health (Surveillance) (Jersey) Order 2017.
This Order provides for certain measures to be taken to protect animal and human health from the risk of spread of an unlimited range of diseases.
Article 1 sets out the definitions and Article 2 applies the Order to all diseases and all animals and birds (except human beings).
Article 3 sets out the power for an inspector or any other person authorized by the Minister to carry out surveillance for the purposes of protecting animal health and reducing the risk to human health from the spread of zoonotic diseases.
Article 4 enables a veterinary inspector to serve a notice placing requirements or restrictions on any person or the Minister to declare a controlled zone to reduce the risk of spread of disease.
Article 5 enables the Minister to require the cost of surveillance to be borne by any person or organisation for whose particular benefit it is carried out.
Article 6 names the Order and provides for its commencement.
The Order was made on 24th January 2017 and comes into force on 1st February 2017.
R&O.14/2017.
Animal Health (Swine) (Jersey) Order 2017.
This Order provides the Minister for the Environment with the necessary powers to take action where various diseases affecting pigs are suspected or found in Jersey.
Part 1 – Introductory provisions
Article 1 contains the definitions and Article 2 provides for the extent of the Order's application, restricting the Order to African swine fever, classical swine fever and swine vesicular disease and their viruses.
Part 2 – Suspicion of disease
Article 3 specifies the action to be taken by a veterinary inspector following notification that disease might be present. Under Article 4 where the disease is suspected the veterinary inspector has to serve a notice on the occupier of the premises concerned, following which the measures set out in Schedule 1 will apply. This Schedule sets out requirements in relation to matters including record keeping, isolation and movement of pigs, restrictions in relation to removal or other animals and things, restrictions on spreading pig manure and slurry, cleansing and disinfection, other biosecurity measures and restriction on movement of vehicles and persons. There are also powers to kill pigs in certain circumstances.
Article 5 enables a veterinary inspector to declare premises to which the disease may have spread as contact premises to which Schedule 1 then also applies. There are again powers to kill pigs in certain circumstances.
Article 6 gives power for the Minister to declare a temporary controlled zone around suspect premises. Part 3 – Infected premises
Article 7 provides the notification and other requirements where presence of disease is confirmed. Article 8 applies Article 17 of the Animal Health (Jersey) Law 2016 to enable the killing of pigs on infected premises.
Article 9 provides for the disposal of carcases and for preliminary cleansing and disinfection. Article 10 enables an inspector to require the occupier of premises to undertake secondary cleaning and disinfection in accordance with a notice to be served on the occupier. Article 11 provides for the use of approved disinfectants.
Article 12 makes special provision to prevent the spread of African swine fever virus by vectors.
Article 13 provides for the revocation of notices designating premises as infected premises and Article 14 makes detailed provision about the restocking of premises initially with sentinel pigs.
Part 4 – Suspicion and confirmation of disease at slaughterhouse
Article 15 requires an inspector to serve notice on the operator of a slaughterhouse where a pig or pig carcase may have disease requiring certain measures. Article 16 provides for the killing of animals at a slaughterhouse.
Part 5 – Area controls following confirmation of disease
Article 17 enables the Minister to declare a protection zone and a surveillance zone around premises where disease has been confirmed. The measures in Part 1 of Schedule 2 apply in a protection zone and those in Part 2 apply in a surveillance zone. The measures in Schedule 3 apply to both zones. Article 18 provides for the revocation of protection and surveillance zones.
Part 6 – Miscellaneous and closing provisions
Article 19 prohibits vaccination of pigs against disease with a licence granted by a veterinary inspector, the terms of a vaccination zone declared by the Minister or a notice served by a veterinary inspector. Article 20 revokes old Orders on swine disease and Article 21 names the Order and provides for its commencement.
The Order was made on 24th January 2017 and comes into force on 1st February 2017.
R&O.15/2017.
Animal Health (Tuberculosis) (Jersey) Order 2017.
This Order provides the Minister for the Environment (the "Minister") with the necessary powers to take action where tuberculosis is suspected or found in cattle.
Part 1 – Introductory provisions
Article 1 provides some definitions and Article 2 sets out the extent of the Order, which is confined to tuberculosis.
Part 2 – Suspicion of tuberculosis
Where the disease is suspected the Order gives power for a veterinary inspector to serve notice on the occupier of the premises requiring certain measures to be taken concerning movement, isolation, separation of milk, cleansing and disposal of carcases and animal waste, etc. (Article 3). Article 4 provides for bovine animals to be removed from animal gatherings and the control of infection from other animals is dealt with under Article 5.
Part 3 – Slaughter and compensation
Article 6 applies the provisions of Article 17 of the Animal Health (Jersey) Law 2016 concerned with the killing of animals and other safety measures to be imposed in connection with the killing. Article 7 provides for the disposal of carcases.
Part 4 – General measures
Article 8 requires the results of tuberculin testing to be reported to the Minister. Article 9 enables the Minister to approve vets to apply and read tests for tuberculosis. Article 10 requires keepers of bovine animals to co-operate with inspectors to facilitate examination, testing and valuation of animals for compensation. Article 11 enables the Minister to take steps where the keeper fails to comply with Article 10. Article 12 enables a veterinary inspector to prohibit movement of bovine animals.
Article 13 prohibits tuberculin testing unless done by a veterinary surgeon approved under Article 9 or the vaccination or treatment of bovine animals for TB unless licensed by the States Veterinary Officer. Article 14 requires the use of approved disinfectants.
Part 5 – Closing provisions
Article 15 revokes the Tuberculosis (Jersey) Order 1958 and Article 16 provides for the name and commencement date of the Order.
The Order was made on 24th January 2017 and comes into force on 1st February 2017.
R&O.16/2017.
Artificial Insemination of Domestic Animals (Bovine Semen) (Amendment No. 2) (Jersey) Order 2017.
This Order introduces an additional requirement for the importation of semen for artificial insemination for the importer or consignee to have notified the Minister in writing at least 24 hours in advance, of the nature of the consignment, its anticipated date of arrival in Jersey and where it is intended to be delivered. It also makes a couple of minor corrections.
The Order was made on 24th January 2017 and comes into force on 1st February 2017.
R&O.17/2017.
EU Legislation (Aquatic Animal Health – Amendment of Regulations) (Jersey) Order 2017.
This Order amends the EU Legislation (Aquatic Animal Health) (Jersey) Regulations 2016 (the "Regulations"), to update the enforcement of the Regulations on the entry into force of the remaining provisions of the Animal Health (Jersey) Law 2016 ("the new Law").
Article 1 is the interpretation provision.
Article 2 amends Regulation 1 of the Regulations, which contains definitions. The new Law replaces the Diseases of Animals (Jersey) Law 1956 ("the old Law"), under which inspectors are appointed. So the definition of "inspector" in the Regulations is updated to refer to the new Law.
Article 3 substitutes Regulation 31 of the Regulations, which applies certain enforcement provisions of the old Law to aquaculture animals. That is updated to refer instead to the broader set of enforcement provisions in Articles 16 to 22 of the new Law, which deal with the seizure of items, the killing of animals, compensation for that killing, entry into premises and vehicles, the taking of preventive steps, and exceptional measures following risk assessments. Under Article 29 of the new Law it is an offence to contravene a requirement of a notice served under any of those enforcement provisions, and accordingly that offence is also applied to contravention of a notice served under those provisions as they apply in relation to aquaculture.
Article 4 amends Regulation 32 of the Regulations, which provides for enforcement notices. It adopts the provisions in Article 23 of the new Law that apply to service of notices.
Article 5 substitutes Regulation 33 of the Regulations, which makes it an offence to obstruct a person acting in the execution of the Regulations (or of the EU legislation implemented by the Regulations). Article 27 of the new Law makes broader provision in relation to obstruction, so this substituted Regulation adopts that provision and applies the offence in Article 29 of the new Law to obstruction.
Article 6 names this Order and brings it into force on 1st February 2017. That is the date on which the enforcement powers in the new Law are brought into force by the Animal Health (Jersey) Law 2016 (Appointed Day) Act 2017.
The Order was made on 24th January 2017 and comes into force on 1st February 2017.
WRITTEN QUESTIONS (See Item I(a))
- The Chief Minister will table an answer to the following question asked by Deputy R. Labey of St. Helier –
"Will the Chief Minister advise whether he proposes to make any changes to the parameters of ministerial responsibility, with particular reference to the divide between the formulation and introduction of policy and the implementation of such policy; and, if so, what those changes will entail?
Will the Chief Minister also advise at what point and to what extent, following the approval of a policy, does accountability for implementation and administration of that policy currently move from the relevant Minister to the relevant Department or other body, where applicable, such as an appointed board?"
- The Chief Minister will table an answer to the following question asked by Deputy J.M. Maçon of St. Saviour –
"Has the Chief Minister received a written offer of resignation from his Assistant Chief Minister with responsibility for the financial services industry, digital sector, and competition and innovation; and, if so, when will the resignation come into effect?"
- The Minister for Infrastructure will table an answer to the following question asked by Deputy J.M. Maçon of St. Saviour –
"Will the Minister explain what action, if any, is planned to be taken in respect of the junction of Rue des Prés and Longueville Road; and will he advise in particular whether or not it is the intention of his Department to install a traffic light system at this junction and, if so, state when such action will be taken?"
- The Minister for Infrastructure will table an answer to the following question asked by Deputy J.M. Maçon of St. Saviour –
"Will the Minister advise whether or not it is his intention to introduce traffic-calming measures on Longueville Road and Bagot Road in 2018 and, if that is the case, will he explain what his Department's consultation process in respect of this work will include and when such consultation in 2017 will begin; and will he confirm that any such consultation will include the Deputies of the Parish and the Connétable ?"
- The Minister for Education will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Further to the answer tabled on 17th January 2017 to written question 1(18), will the Minister provide a breakdown of the turnover, expressed both in figures and as a percentage, at all non-private primary schools in the past 3 years in:
- teaching staff;
- non-teaching staff; and
- all staff,
with the answers also broken down by individual school?
Will the Minister also indicate, in each case, what percentage of turnover was due to retirement and provide the total number of staff at each school and in each category?"
- H.M. Attorney General will table an answer to the following question asked by the Connétable of St. Mary –
"Will H.M. Attorney General clarify the legal status of Long-Term Care contributions and advise specifically under what provisions they are to be treated as a tax?"
- The Minister for Education will table an answer to the following question asked by the Deputy of St. John –
"Further to the answer provided on 29th November 2016 to oral question 9738, will the Minister confirm what funding has been put in place to ensure certainty for the parents of children at private nursery providers from September 2017; and will he advise from where such funding has come, whether its provision has affected what was agreed in the Medium Term Financial Plan Addition, and, if so, how?"
- The Minister for Social Security will table an answer to the following question asked by the Deputy of St. John –
"Further to the advice provided by H.M. Solicitor General to the Assembly on 19th January 2017 regarding Article 21(3) of the Public Finances (Jersey) Law 2005 in relation to the funding of the new Hospital, will the Minister advise whether or not she will continue to regard the Long-Term Care scheme as a contribution; and will she confirm that the undertaking made to the Assembly by her predecessor on 18th June 2013 that the Long-Term Care contribution could not be manipulated by the Minister for Treasury and Resources remains in place?"
- The Chief Minister will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Will the Chief Minister list all official appointments that Senator P.F.C. Ozouf has undertaken as Assistant Chief Minister, including any such appointments which occurred outside of Jersey, from the time the Senator announced his intention to resign from that role to the time when that resignation took effect or, if that resignation has not yet taken effect, to the time that this question is answered?"
- The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Further to the response provided on 17th January 2017 to written question 1(15) regarding the legislative measures the Minister had taken to provide a tangible effect on promoting economic growth, will the Minister reproduce the list provided in that response with the addition of a clear explanation beneath each item to show what growth in our economy, if any, could be attributed to the measure in question?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Given that, in recent weeks, the States has had to put out messages asking the public to attend their General Practitioner (G.P.) if their ailment was not an emergency, rather than Accident and Emergency (A&E), because of the pressure placed on that service, what measures, if any, have been taken to alleviate the burden on A&E services; and what consideration, if any, has been given to improving access to G.P.s for those people who currently struggle to afford it?"
- The Chief Minister will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"In the time that the current Minister for Economic Development, Tourism, Sport and Culture had official responsibility for the Jersey Innovation Fund, how many loans did he sign off, if any, and how many of those loans, if any, are assumed by the Comptroller and Auditor General's recently published report (R.3/2017) to be highly unlikely to be repaid?"
- The Chief Minister will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier –
"Is the Chief Minister aware of any businesses which applied for loans or grants from the Jersey Innovation Fund and which had their applications rejected, but which have since gone on to establish themselves as a stable business making profit and employing people in Jersey?"
- The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Will the Chief Minister confirm the dates since November 2011 (inclusive) on which Senators P.F.C. Ozouf , A.J.H. Maclean and L.J. Farnham were appointed as either a Minister or Assistant Minister, including the positions to which they were appointed; and will the Chief Minister inform members who signed off the loans to Applicants A to F, as described in Appendices 1 and 2 to Jersey Innovation Fund' (R.3/2017)?
Will he further advise –
- what factors influenced the interest rate (from 4.5% to 9%) on these loans;
- why the ability to take equity in the companies was not pursued;
- why no royalty agreements were sought; and
- why only one loan was phased and why personal guarantees were sought on only 2 loans?"
- The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Has the Assistant Minister to the Chief Minister with responsibility for the financial services industry, digital sector, and competition and innovation offered his resignation from this post, and had it accepted; and, if not, will the Chief Minister explain why not and when he expects to have completed this change? Will the Chief Minister also inform members how the responsibilities of the Assistant Minister have been, or will be, redistributed?"
- H.M. Attorney General will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will H.M. Attorney General explain the following –
- how his Department is organized;
- how many people work within the Department and in what sections, including their specialisms;
- what vetting of legal advice to Ministers and Departments takes place in his Department before such advice is provided to Ministers; and
- how the Department deals with any conflicts of interests which may arise?"
- 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 nature of the consultation, or meeting, that took place on or before 22nd November 2012, as referred to in paragraph 179 of R.75/2016, which involved both him and the Minister for Health and Social Services, and which had regard to the breaking of the contract entered into with Mr. Alwitry; and, in particular, will he explain –
- the grounds at that time for the decision taken to terminate the contract;
- what decisions were taken, by whom, and whether there was any dissent from such decisions;
- who was consulted and in what form the consultation took place; and
- whether any minutes or record of the discussion were taken 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 written question 1(33) on 17th January 2017, will the Minister explain why he stated in the response to that question that "no consultants (whether external consultants or hospital consultants) advised the board in relation to the Health and Social Services Department recommendation to rescind / withdraw [the offer of employment]" when the report of the States of Jersey Complaints Board (R.75/2016) highlighted the presence of hospital consultants at the States Employment Board meeting at which the decision to terminate Mr Alwitry's contract was ratified?"
- The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Chief Minister, as Chairman of the States Employment Board, publish for members the terms of reference given to, and any correspondence with, the former Solicitor General, Mr. Beal and Ms. Haste regarding the reports commissioned from them into the termination of Mr Alwitry's contract of employment?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Minister publish for members a copy of the document that advertised the position of Consultant Ophthalmologist for which Mr. Alwitry applied in the summer of 2012?
Will the Minister also provide copies of all the standard contractual documents that were used at the time for employment to such posts; and will he confirm whether or not such documents were sent to Mr. Alwitry following his acceptance of the offer of employment and that there were no other contractual documents sent to Mr. Alwitry?"
- The Chief Minister will table an answer to the following question asked by Deputy R. Labey of St. Helier –
"In relation to the Logfiller application to the Jersey Innovation Fund, who was ultimately accountable for:
- verifying the details of the application to the Fund;
- determining the dispersal of monies to an approved business plan; and
- ongoing monitoring of allocated funds?"
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2017
1st Session 2017
February 14th Infrastructure Environment
March 14th External Relations Chief Minister
March 28th Social Security Home Affairs
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