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Order Paper 31st October 2017

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STATES OF JERSEY ORDER PAPER

31st OCTOBER 2017

SUMMARY

9.30 a.m.  Communications by the Presiding Officer and other announcements

Appointments, matters of privilege, petitions

 Nomination of Deputy Kevin Charles Lewis of St. Saviour as a member of the Privileges and Procedures Committee

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 Infrastructure two Ministers  Chief Minister

Statements (if any)

Approx.11.40 a.m.  Draft  Health  and  Safety  at  Work  (Freight  Containers  Safety

Convention) (Amendment) (Jersey) Regulations 201- (P.80/2017)

Draft  Social  Security  (Christmas  Bonus)  (Amendment)  (Jersey) Regulations 201- (P.82/2017)

Draft  Public  Health  and  Safety  (Rented  Dwellings)  (Jersey)  Law 201- (P.66/2017)

Draft  Building  Loans  (Amendment  No. 13)  (Jersey)  Law  201- (P.79/2017)  

States of Jersey Budget 2017: allocation to the Parishes of funds set aside for the payment of rates on States' properties (P.81/2017)  

States of Jersey Budget 2017: allocation to the Parishes of funds set aside for the payment of rates on States' properties (P.81/2017) – amendment (P.81/2017 Amd.)

Brexit Information Report: July 2017 update (R.87/2017) (consideration in Committee')  

Arrangement of public business at subsequent meetings

Lunch adjournment likely around 12.45 p.m., until 2.15 p.m.

If business is not completed by around 5.30 p.m. the Assembly usually adjourns for the evening and will resume its meeting at 9.30 a.m. on Wednesday 1st and Thursday 2nd November 2017, if necessary.

STATES OF JERSEY ORDER PAPER

31st OCTOBER 2017

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

EU Legislation (Milk and Dairies) (Jersey) Order 2017.  R&O.106/2017. Minister for External Relations.

EU Legislation (Sanctions – Mali) (Jersey) Order 2017.  R&O.107/2017. Minister for External Relations.

EU Legislation (Sanctions – North Korea) (Amendment) (Jersey) Order 2017.  R&O.108/2017. Minister for External Relations.

Employment (Minimum Wage) (Amendment No. 11) (Jersey) Order 2017.  R&O.109/2017. Minister for Social Security.

Income Support (General Provisions) (Amendment No. 22) (Jersey) Order 2017.  R&O.110/2017. Minister for Social Security.

  1. DOCUMENTS PRESENTED

Jersey Safety Council: Report and Audited Financial Statements for the year ended  R.115/2017. 31st December 2016.

Presented: 18th October 2017, Minister for Social Security.

Land Transactions under Standing Order 168(3) – Apartment No. 178, Clos des  R.116/2017. Sables,  Les  Quennevais,   St. Brelade  transfer  of  the  Public's  flying-freehold

ownership and cancellation of existing 99-year lease.

Presented: 19th October 2017, Minister for Infrastructure.

States of Jersey Complaints Panel: report for 2016.  R.117/2017. Presented: 19th October 2017, Privileges and Procedures Committee.

States of Jersey Law 2005: delegation of functions – States Employment Board. R.118/2017. Presented: 24th October 2017.

States Employment Board.

Land Transactions under Standing Order 168(3) – Les Quennevais Synthetic Pitch,  R.119/2017. Les Quennevais, St. Brelade – lease to Jersey Hockey Limited.

Presented: 25th October 2017.

Minister for Infrastructure.

  1. NOTIFICATION OF LODGED PROPOSITIONS

States of Jersey Budget 2017: allocation to the Parishes of funds set aside for the  P.81/2017. payment of rates on States' properties (P.81/2017) – amendment.  Amd. Lodged: 23rd October 2017, Minister for Infrastructure.

Elected  Speaker  and   Deputy  Speaker  of  the  States  Assembly:  selection  and  P.84/2017. appointment (P.84/2017) – amendment.  Amd. Lodged: 11th October 2017, Privileges and Procedures Committee.

Elected  Speaker  and   Deputy  Speaker  of  the  States  Assembly:  selection  and  P.84/2017. appointment (P.84/2017) – second amendment.  Amd.(2) Lodged: 20th October 2017, Senator P.F.C. Ozouf .

Elected  Speaker  and   Deputy  Speaker  of  the  States  Assembly:  selection  and  P.84/2017. appointment (P.84/2017) – third amendment. Amd.(3) Lodged: 25th October 2017.

Senator Sir P.M. Bailhache .

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

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

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

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

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

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

Lodged: 17th October 2017, Chief Minister.

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 .

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

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

and Culture.

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.

  1. 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 –

Draft Liquor Licensing (Jersey) Law 201-.  P.54/2017. Lodged: 7th June 2017, Minister for Economic Development, Tourism, Sport and

Culture.

  1. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

Nomination of Deputy Kevin Charles Lewis of St. Saviour as  a  member of the  Privileges and Procedures Committee.

  1. MATTERS OF PRIVILEGE
  2. PETITIONS
  3. QUESTIONS
  1. Written Questions(attached)

1(555)  1. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to a

question asked by Senator P.F.C. Ozouf regarding the Jersey Aircraft Registry.

1(556)  2. The Minister for Treasury and Resources will table an answer to a question asked by Senator

P.F.C. Ozouf regarding GST on private aircraft.

1(557)  3. The Chairman of the States Employment Board will table an answer to a question asked by

Deputy J.M. Maçon of St. Saviour regarding compromise agreements.

1(559)  4. The Minister for Education will table an answer to a question asked by Deputy G.P. Southern of

St. Helier regarding a change of role for the current head teacher of Haute Vallée school.

1(560)  5. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St.

Helier regarding the introduction of a Jersey Living Wage.

1(561)  6. The Minister for Social Security will table an answer to a question asked by the Deputy of St.

John regarding Income Support overpayments.

1(562)  7. The Chief Minister will table an answer to a question asked by the Deputy of St. John regarding

the appointment of the new Chief Executive of the States.

1(563)  8. The Minister for Education will table an answer to a question asked by Deputy L.M.C. Doublet

of St. Saviour .

1(564)  9. The Chief Minister will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier

regarding the creation of a Public Services Ombudsman.

1(565)  10. The Chief Minister will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier

regarding the appointment of four interim Consultants.

1(566)  11. The Minister for Treasury and Resources will table an answer to a question asked by Deputy S.Y.

Mézec of St. Helier regarding the legal compliance of the proposed Retail Tax.

1(567)  12. 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 the maintenance of the Aircraft Registry.

1(568)  13. The Minister for Social Security will table an answer to a question asked by Deputy G.P.

Southern of St. Helier regarding the results of the Social Security Review.

1(569)  14. The Minister for Health and Social Services will table an answer to a question asked by Deputy

M.R. Higgins of St. Helier regarding Social Workers.

1(570)  15. The Minister for Health and Social Services will table an answer to a question asked by Deputy

M.R. Higgins of St. Helier regarding Agency staff.

1(571)  16. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St.

Helier regarding the number of registration cards issued under the Control of Housing and Work (Jersey) Law 2012.

  1. Oral Questions (120 minutes)
  1. Deputy L.M.C. Doublet will ask the following question of the Minister for Education –

"When is the Minister planning to implement Nursery Education Fund means testing for all providers, as approved within P.68/2016 Medium Term Financial Plan Addition, 2017-2019'?"

  1. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Health and Social Services –

"Will the Minister provide members with the latest nursing vacancy rates in the hospital and state how many nursing shifts were filled by agency or bank staff or both in the first three quarters of 2017?"

  1. The Connétable of St. Helier will ask the following question of the Minister for the Environment –

"Would the Minister outline the likely environmental impacts of current proposals to build new homes on agricultural fields in St. Peter and to locate the catering facilities for the proposed new hospital in St. Peter ?"

  1. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Health and Social Services –

"Will the Minister advise how many  hospital beds are currently available and suitable for dementia patients and outline what plans, if any, currently exist to increase the number of beds in the near future?"

  1. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Social Security –

"Further to the publication of the September 2017 Retail Price s Index and the Index of Average Earnings June 2017 report, which show that inflation is the highest it has been for 5 years and that, in real terms, earnings have flat-lined for a decade, will the Minister consider repealing her Order setting the minimum wage at £7.50 per hour and replacing it with a higher rate?"

  1. Senator S.C. Ferguson will ask the following question of the Chief Minister –

"Given that, when standing for election as Chief Minister in November 2011, the Minister stated that "modernising the public service must continue"; and said on 3rd November 2014 that "we must keep up our efforts to reform the public services", can he explain what he has achieved with the past 6 years' expenditure and outline why he considers that a further £700,000 must be spent in the next 6 months?"

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

"Further to the adoption of P.53/2016, as amended, will the Chief Minister explain what improvements to the machinery of government have been considered, what changes are envisaged, what those changes will entail, and when they will be lodged for debate, and if not, why not?"

  1. Deputy L.M.C. Doublet will ask the following question of the Minister for Education –

"Further to the publication in 2013 of the consultation document Learning for Tomorrow's World – The Future of Education in Jersey', in which the then Minister determined to assess further the strengths and weaknesses of Jersey's education system in order to identify whether any changes would be required in the future; what work, if any, has been undertaken, and what were the findings?"

  1. Deputy G.P. Southern will ask the following question of the Minister for Social Security –

"Will the Minister inform members what quality assurance measures are in place to ensure that the review of the Social Security system currently underway properly assesses the full range of options open to the Minister?"

  1. Deputy M.R. Higgins of St. Helier will ask the following question of the Chairman of the Privileges and Procedures Committee –

"Will the Chairman provide the timescale for the lodging of amendments to the States of Jersey Law 2005 in order to standardise who may, or may not, stand for election to the positions of Connétable , Senator and Deputy , and will he confirm that the changes will be brought into effect before the election in May 2018?"

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

"What consideration, if any, is the Minister giving to implementing the recent recommendations from the Jersey Law Commission's report Improving Administrative Redress in Jersey'?"

  1. – Questions to Ministers without notice (30 minutes) –

1st question period – Minister for Infrastructure

2nd question period – Chief Minister

  1. PERSONAL STATEMENTS
  2. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
  1. PUBLIC BUSINESS

Draft  Health  and  Safety  at  Work  (Freight  Containers  Safety  Convention)  P.80/2017. (Amendment) (Jersey) Regulations 201-.

Lodged: 12th September 2017, Minister for Social Security.

Draft Social Security (Christmas Bonus) (Amendment) (Jersey) Regulations  P.82/2017. 201-.

Lodged; 19th September 2017, Minister for Social Security.

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

Draft Building Loans (Amendment No. 13) (Jersey) Law 201-.  P.79/2017. Lodged: 5th September 2017, Minister for Housing.

States of Jersey Budget 2017: allocation to the Parishes of funds set aside for the  P.81/2017. payment of rates on States' properties.

Lodged: 19th September 2017, Connétable of St. Helier .

States of Jersey Budget 2017: allocation to the Parishes of funds set aside for the  P.81/2017. payment of rates on States' properties (P.81/2017) – amendment.  Amd. Lodged: 23rd October 2017, Minister for Infrastructure.

Brexit Information Report: July 2017 update.  R.87/2017. Presented: 18th July 2017, Minister for External Relations.

(consideration in Committee')

  1. ARRANGEMENT OF PUBLIC BUSINESS 14th November 2017

Health and Social Care System: a new governance model.  P.60/2017. Lodged: 23rd June 2017, Council of Ministers.

Draft  Asian  Infrastructure  Investment  Bank  (Immunities  and  Privileges)  P.68/2017. (Jersey) Regulations 201-.  (re-issue) Lodged: 21st July 2017, Minister for External Relations.

Ratification of the Multilateral Convention to Implement Tax Treaty Related  P.83/2017. Measures to Prevent Base Erosion and Profit Shifting.

Lodged: 20th September 2017, Minister for External Relations.

Elected  Speaker  and   Deputy  Speaker  of  the  States  Assembly:  selection  and  P.84/2017. appointment.

Lodged: 26th September 2017, Chief Minister.

Elected  Speaker  and   Deputy  Speaker  of  the  States  Assembly:  selection  and  P.84/2017. appointment (P.84/2017) – amendment.  Amd. Lodged: 11th October 2017, Privileges and Procedures Committee.

Elected  Speaker  and   Deputy  Speaker  of  the  States  Assembly:  selection  and  P.84/2017. appointment (P.84/2017) – second amendment.  Amd.(2) Lodged: 20th October 2017, Senator P.F.C. Ozouf .

Elected  Speaker  and   Deputy  Speaker  of  the  States  Assembly:  selection  and  P.84/2017. appointment (P.84/2017) – third amendment. Amd.(3) Lodged: 25th October 2017, Senator Sir P.M. Bailhache .

Draft Road Works and Events (Jersey) Law 2016 (Appointed Day) (No. 2) Act  P.85/2017. 201-.

Lodged: 26th September 2017, Minister for Infrastructure.

Draft Road Works (Embargo Periods and Protected Roads) (Jersey) Regulations  P.86/2017. 201-.

Lodged: 26th September 2017, Minister for Infrastructure.

Draft Road Works and Events (Consequential Provisions) (Jersey) Regulations  P.87/2017. 201-.

Lodged: 26th September 2017, Minister for Infrastructure.

Draft Maintenance Orders (Amendment No. 3) (Jersey) Law 201-.  P.89/2017. Lodged: 26th September 2017, Chief Minister.

Draft Marriage and Civil Status (Amendment No. 4) (Jersey) Law 201-. P.91/2017. Lodged: 3rd October 2017, Chief Minister.

Jersey Appointments Commission: re-appointment of Commissioner.  P.92/2017. Lodged: 5th October 2017, States Employment Board.

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

28th November 2017  

Draft Road Traffic (No. 63) (Jersey) Regulations 201-.  P.67/2017. Lodged: 17th July 2017, Minister for Infrastructure.

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

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

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

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 .

12th December 2017

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.

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

26th October 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 and Thursday 2nd November 2017.

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

R&O.106/2017.

EU Legislation (Milk and Dairies) (Jersey) Order 2017.

This Order gives further effect, in relation to processing dairies, to certain EU provisions (listed in the Schedule) that set standards for food production.

It clarifies that the competent authority for that purpose is the Minister responsible for the Food Safety (Jersey) Law 1966. That Minister is currently the Minister for the Environment, following the coming into force of the States of Jersey (Transfer of Functions No. 9) (Health and Social Services to Environment) (Jersey) Regulations 2017 on 11th July 2017.

Under Article 27(3) of the Food Safety (Jersey) Law 1966 the Minister can serve a notice on a dairy that appears to not to be complying with a condition imposed by the Milk and Dairies (General Provisions) (Jersey) Order 1992. The notice functions as a step towards refusal or cancellation of the registration of the dairy. This Order clarifies that the notice can be served on the ground of non-compliance with conditions and requirements of the relevant EU provisions.

This Order makes contravention of a relevant EU provision by a processing dairyman an offence carrying a penalty of imprisonment for up to 1 year and an unlimited fine (or both). If the contravention is by another person (but not the competent authority or its agent), the maximum penalty is a fine of level 3 on the standard scale (currently £10,000).

This Order also amends the Milk and Dairies (General Provisions) (Jersey) Order 1992 to clarify that that Order is subject to this Order.

The Order was made on 12th October 2017 and came into force on 19th October 2017.

R&O.107/2017.

EU Legislation (Sanctions – Mali) (Jersey) Order 2017.

This Order gives effect in Jersey to Council Regulation (EU) 2017/1770 of 28 September 2017 concerning restrictive measures in view of the situation in Mali (OJ L 251, 29.9.2017, p. 1.) (Regulation (EU) 2017/1770 as defined in Article 1).

This Order contains an ambulatory reference, in Article 2, to the Annexes to the Regulation. The effect is that, if the EU amends the lists of persons subject to the restrictive measures, or the details of the competent authorities in the Member States, or the lists of restricted items, that change takes effect automatically in Jersey without the need for any amendment to this Order.

Articles 3 provides that this Order is a relevant special Order for the purpose of the General Provisions Order (as defined in Article 1) and provides that Regulation (EU) 2017/1770 is the relevant EU provision for the purpose of the general provisions of the General Provisions Order, when those general provisions are read as part of this Order. Article 3 also provides that for the purpose of Article 14A of the General Provisions Order, the UN financial sanctions resolution implemented by Regulation (EU) 2017/1770 is United Nations Security Council Resolution 2374 (2017).

Article 4 provides for Regulation (EU) 2017/1770 to have effect as if it were an enactment –

  1. to any extent that it does not otherwise have effect in Jersey; and
  2. subject to the modifications made by the general provisions that are to be read as part of this Order by virtue of Article 3 and the General Provisions Order.

Article 5 creates offences for breaches of the provisions of Regulation (EU) 2017/1770 specified in that Article.

Article 6 provides for citation of this Order and provides for it to come into force on the day after it is made.

The Order was made on 12th October 2017 and came into force on 13th October 2017.

R&O.108/2017.

EU Legislation (Sanctions – North Korea) (Amendment) (Jersey) Order 2017.

This Order amends the EU Legislation (Sanctions – North Korea) (Jersey) Order 2017 (the "principal Order") to give effect in Jersey to –

  1. Council Regulation (EU) 2017/1836 of 10 October 2017 amending Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea (OJ L 261,
    1. 2017, p. 1); and
  2. Council Regulation (EU) 2017/1858 of 16 October 2017 concerning restrictive measures against the Democratic People's Republic of Korea (OJ LI 265, 16.10.2017, p. 1).

Article 1 amends the definition "Regulation (EU) 2017/1509" in the principal Order so as to include any amendments to that Regulation up to 16th October 2017.

Article 2 amends the list of offences in the principal Order so that the prohibitions inserted into Regulation (EU) 2017/1509 by Regulation (EU) 2017/1836 are offences under the principal Order. In particular, Regulation (EU) 2017/1836 prohibits the sale, supply, transfer or export, directly or indirectly, to the Democratic People's Republic of Korea of condensates and natural gas liquids, all refined petroleum and crude oil; and prohibits the import, purchase or transfer, directly or indirectly of textiles from the Democratic People's Republic of Korea. It also prohibits the facilitation or engagement in ship- to-ship transfers to or from any Democratic People's Republic of Korea flagged vessel of any goods or items that are being sold, supplied or transferred or exported to or from the Democratic People's Republic of Korea.

Article 3 gives the title to this Order and provides for it to come into force on the day after it is made. The Order was made on 19th October 2017 and came into force on 20th October 2017.

R&O.109/2017.

Employment (Minimum Wage) (Amendment No. 11) (Jersey) Order 2017.

This Order amends Article 2 of the Employment (Minimum Wage) (Jersey) Order 2007 to increase the minimum wage, with effect from 1st April 2018, to £7.50 per hour for employees other than trainees, £5.63 per hour for trainees in their first year, and £6.56 per hour for trainees in their second year.

The Order was made on 20th October 2017 and comes into force on 1st April 2018.

R&O.110/2017.

Income Support (General Provisions) (Amendment No. 22) (Jersey) Order 2017. Minister for Social Security.

This Order amends Schedule 2 to the Income Support (General Provisions) (Jersey) Order 2008 to clarify that the average weekly income of a household is assessed when calculating the income of the household in respect of which a claim for income support is made. Schedule 2 is also amended to clarify that if the calculation of the income of a household results in a zero or negative value, the income of the household shall be deemed to have a zero value.

This Order also amends the Income Support (General Provisions) (Jersey) Order 2008 to correct a cross- reference to a provision in the Income Support (Jersey) Regulations 2007 in paragraph 4(1)(c)(ii) of Schedule 2 to that Order.

The Order was made on 20th October 2017 and came into force on 21st October 2017.

WRITTEN QUESTIONS (See Item I(a))

  1. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Senator P.F.C. Ozouf

"Will the Minister provide members with an update concerning the Jersey Aircraft Registry, indicating in particular –

  1. how many aircraft are now on the Registry, including details of any new aircraft registered since the last States question on this subject (Written Question 1(339));
  2. whether there are any issues with any of the service providers to the Registry and, if so, what those issues are and when were they became known about; and
  3. what plans, if any, the Minister has to a secure a financially viable and sustainable reputable future for the Register and, in particular, how he proposes to recover the investment his Department has already made in this project?"
  1. The Minister for Treasury and Resources will table an answer to the following question asked by Senator P.F.C. Ozouf

"Given that the Goods and Services Tax (GST) is currently theoretically chargeable on the importation of private aircraft, will the Minister advise on how many private aircraft, if any, GST has been paid for each year since it was introduced?

Has the Minister received any representations from the Minister for Economic Development, Tourism, Sport and Culture to consider amending the GST rules on private aircraft, particularly those that are either currently not registered on the Jersey Aircraft Register or that are used for the purpose of business travel to boost jobs and growth in Jersey?"

  1. The Chairman of the States Employment Board will table an answer to the following question asked by Deputy J.M. Maçon of St. Saviour

"Did the States Employment Board give an undertaking that compromise agreements would no longer be issued after the previous Chief Executive of the States of Jersey left and, if not, why not?"

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

"Will the Minister inform members whether the new post to establish a high-status programme of technical qualifications', to which the current Haute Vallée Head Teacher was appointed, was advertised and, if not, advise what consultation took place and explain on what grounds this exception to the general policy on States recruitment was made and whether salary protection measures have been put in place in respect of the postholder?"

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

"Will the Chief Minister agree to publish a detailed response to P.72/2017 (States Employment Board – Living Wage 2017') in which I call for a commitment to the adoption by the States of Jersey of a Jersey Living Wage (as set by Caritas), well in advance of 12th December 2017 (the current date  set for debate  of this  important issue) so  that members  can fully understand  the principles and examine the arguments which underpin such a commitment and, if not, why not?"

  1. The Minister for Social Security will table an answer to the following question asked by the Deputy of St. John

"Given that the Income Support system places the onus upon the individual to advise Social Security of every single change in circumstance, could the Minister advise what obligation the Department has to ensure timely changes of these details so that overpayments do not reach a substantial sum?"

  1. The Chief Minister will table an answer to the following question asked by the Deputy of St. John

"With the appointment of a new Chief Executive, could the Chief Minister advise whether the role as laid out under the Employment of States of Jersey Employees (Jersey) Law 2005 will continue within such a framework or whether there will be a requirement for change?"

  1. The Minister for Education will table an answer to the following question asked by Deputy L.M.C. Doublet of St. Saviour

"In determining the £5.15 per hour rate that is paid to private nursery providers from the Nursery Education Fund, can the Minister advise how this sum was calculated and which, if any, of the following overheads were factored into this estimate, providing a detailed breakdown where applicable -

  1. Rent
  2. Utilities – water, electricity, telephone and post
  3. Rates
  4. Staff Costs/Training
  5. Insurance
  6. Cleaning
  7. Equipment/Consumables?

What consultation, if any, was originally undertaken with private nursery providers to determine this rate and has this been revisited in recent times and if not, why not?"

  1. The Chief Minister will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier

"What plans, if any, are there to introduce a Public Services Ombudsman, as recommended by the Clothier report and now within the Law Commission's Review on Administrative Justice?"

  1. The Chief Minister will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier

"When was the decision made to bring in four Consultants from the UK alongside the new Chief Executive of the States of Jersey to assist with the transition and will the Chief Minister provide a full breakdown of the expected cost?"

  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy S.Y. Mézec of St. Helier

"What legal advice, if any, has the Minister received as to the compliance of the proposed Retail Tax with the international tax rules which have so far prevented Jersey from taxing businesses under the 0/10 system?

Further to this, what economic impact assessments, if any, have been undertaken to predict the impact of this new proposed tax?"

  1. 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

"Since the beginning of this year, how much has been spent on maintaining the Jersey Aircraft Registry?"

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

"Does the Minister consider that the summary of results from part 1 of the Social Security Review accurately represents the views of the public when the second most popular option (71% of respondents) that employers should pay more' is not highlighted?

Can the Minister justify the absence of any mention of increasing employer contributions (by removing the earnings cap for example) in part 2 of the consultation?

Does she consider that this omission casts doubt about the validity of the review and, if not, why not?"

  1. The Minister for Health and Social Services will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier

"(a) Will the Minister advise how many Social Workers (SWs) were employed annually during the

period 1st January 2015 to 31st January 2017?

  1. Will he provide an organisational chart of SWs indicating whether they are managers, case workers or other specialists and the numbers in each category together with their grades, titles and duties?
  2. What was the total cost of employing SWs during 2016 and for the period 1st January to 30th September 2017?
  1. For each SW engaged in case work (anonymised) would the Minister provide the following information in a tabular form –
  1. the caseload of each SW indicating separately the number of people for whom they had both sole and shared responsibility;
  2. sickness absences during the period;
  3. annual leave taken during the period;
  4. days spent on training courses during the period as well as the nature of the courses attended?
  1. How many Case Workers from Jersey are working with Jersey people in the UK, how many people are they dealing with and how often do they visit the UK to supervise their clients?"
  1. The Minister for Health and Social Services will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier

"With reference to Agency staff, will the Minister provide the following information for the periods 1st January 2016 to 31st December 2016 and 1st January 2017 to 30th September 2017 :

  1. the name of the Recruitment Agencies used, together with the number of Social Workers recruited from them and the overall cost;
  2. the total period of time (days, week, months or year) each Agency Social Worker was employed by the department;
  3. details (anonymised) of any Agency Social Worker who has been employed more than once since 2014, giving the total time they have been employed by the department.
  4. details of the exact nature of the work that Agency Social Workers were employed to do?"
  1. The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier

"Further to the response given to my question on 14th March 2017, will the Chief Minister provide the following details:-

  1. the number of people applying for a Registration Card (for Work and Housing) for the very first time during the period 1st January 2016 to 31st December 2016 and from 1st January 2017 to 30th September 2017?
  2. the total number of Registration Cards issued for the first time since the Control of Housing and Work (Jersey) Law 2012 was introduced (ie not for changing jobs)?
  3. the total number of registration cards issued and an estimate of the percentage of the Island's population in possession of a Registration Card?"

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

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