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Order Paper 4th July 2017

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STATES OF JERSEY ORDER PAPER

4th JULY 2017

SUMMARY

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

Approx. 9.40 a.m.  Summary of written questions

Up to 2 hours  Oral questions with notice

Urgent questions (if any)

Up to 30 minutes,  Oral questions without notice: divided between the  Minister for External Relations two Ministers  Minister for Infrastructure

Statements

  • Chief Minister, regarding the report of the Independent Jersey Care Inquiry
  • Chairman  of  the  Public  Accounts  Committee,  regarding  the Committee's report, Review of eGov' (P.A.C.1/2017).

Approx. 2.15 p.m.  Draft Official  Publications  (Amendment  No. 2) (Jersey)  Law 201-

(P.32/2017)

Draft  Health  Insurance  (Performers  List  for  General  Medical Practitioners) (Amendment) (Jersey) Regulations 201- (P.33/2017)

Draft States of Jersey (Transfer of Functions No. 9) (Health and Social Services to Environment) (Jersey) Regulations 201- (P.34/2017)

Draft  Sea  Fisheries  (Inshore  Trawling,  Netting  and  Dredging) (Amendment No. 4) (Jersey) Regulations 201- (P.36/2017)

Draft Sea Fisheries (Inshore Waters) (Amendment No. 3) (Jersey) Regulations 201- (P.37/2017)

Draft Air Navigation (Rules of the Air) (Jersey) Regulations 201- (P.40/2017)

Medium Term Financial Plan 2017 – 2019: amendment to funding for fee-paying schools (P.41/2017)

Draft Amendment (No. 31) of the Standing Orders of the States of Jersey (P.43/2017)

Jersey Ethical Care Charter (P.48/2017)

Jersey  Ethical  Care  Charter  (P.48/2017):  amendment  (P.48/2017 Amd.)

Draft Dormant Bank Accounts (Jersey) Law 2017 (Appointed Day) Act 201- (P.49/2017)

Arrangement of public business at subsequent meetings

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

If business is not completed by around 5.30 p.m. the Assembly usually adjourns for the evening and will resume its meeting at 9.30 a.m. on Wednesday 5th July 2017, if necessary.

STATES OF JERSEY ORDER PAPER

4th JULY 2017

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

Control of Housing and Work (Fees) (Amendment) (Jersey) Order 2017.  R&O.61/2017. Chief Minister.

[Signed by Assistant Chief Minister, Senator P.F. Routier, M.B.E., for and on

behalf of the Chief Minister.]

Motor Traffic (Cabs – Fares and Charges) (Jersey) Order 2017.  R&O.62/2017 Minister for Infrastructure. (renumbered).

  1. DOCUMENTS PRESENTED

Draft  Drainage  (Jersey)  Law  2005  (Appointed  Day)  Act  201-  (P.38/2017):  P.38/2017. addendum to report.  Add. Presented: 27th June 2017, Minister for Infrastructure.

Medium Term Financial Plan 2017 – 2019: amendment to funding for fee-paying  P.41/2017. schools (P.41/2017) – comments.  Com. Presented: 30th June 2017, Education and Home Affairs Scrutiny Panel.

Jersey Charity Commissioner: appointment.  R.74/2017. Presented: 26th June 2017, Chief Minister.

States of Jersey Law 2005: delegation of functions – Chief Minister to Assistant R.75/2017. Minister – Charities (Jersey) Law 2014.

Presented: 26th June 2017, Chief Minister.

Oversight of Arm's Length Organisations.  R.76/2017. Presented: 29th June 2017, Comptroller and Auditor General.

Tourism Development Fund: Annual Report 2016.  R.77/2017. Presented: 30th June 2017, Minister for Economic Development, Tourism, Sport and

Culture.

Review of eGov.  P.A.C.1/2017. Presented: 28th June 2017, Public Accounts Committee.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Jersey Ethical Care Charter (P.48/2017): amendment.  P.48/2017. Lodged: 27th June 2017, Minister for Health and Social Services.  Amd.

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

States of Jersey Budget 2017: allocation of funds for Parish infrastructure projects.  P.61/2017. Lodged: 28th June 2017, Connétable of St. Helier .

  1. WITHDRAWAL OF LODGED PROPOSITIONS
  2. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
  3. MATTERS OF PRIVILEGE
  4. PETITIONS
  5. QUESTIONS
  1. Written Questions(attached)

1(372)  1.   Deputy R. Labey of St. Helier will ask a question of the Chief Minister regarding actions taken to

address concerns expressed in Jersey Appointments Commission: Annual Report for 2016' (R.56/2017).

1(373)  2.  The Deputy of St. John will ask a question of the Minister for Social Security regarding Social

Security contributions over the last 10 years from people entering work who have moved to Jersey. 1(374)  3.  The Deputy of St. John will ask a question of the Minister for Treasury and Resources regarding

the Income Tax paid over the last 10 years by people entering work who have moved to Jersey.

1(375)  4.   Deputy S.Y. Mézec of St. Helier will ask a question of the Minister for Social Security regarding

the publication date of a report by Oxera on the potential impact of a significant rise in the minimum wage.

1(376)  5.   Deputy G.P. Southern of St. Helier will ask a question of the Minister for Social Security regarding

the implications of the U.K.'s Independent Review of Employment Practices in the Modern Economy for Jersey.

1(377)  6.   Deputy R. Labey of St. Helier will ask a question of the Minister for Education regarding the staff

of Highlands College.

1(378)  7.  The Deputy of St. Ouen will ask a question of the Minister for Health and Social Services regarding

reviews of Children's Services by external organisations.

1(379)  8.  The Deputy of St. Ouen will ask a question of the Minister for Health and Social Services regarding

referrals to Children's Services.

1(380)  9.  The Deputy of St. Ouen will ask a question of the Chief Minister regarding the bringing forward of

the next Jersey Income Distribution Survey.

1(381)  10. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Housing regarding the

provision of information on the website of Andium Homes about average rents.

1(382)  11. Deputy M.R. Higgins of St. Helier will ask a question of the Minister for Home Affairs regarding

investigations undertaken by the Jersey Police Complaints Authority.

1(383)  12. Deputy M.R. Higgins of St. Helier will ask a question of H.M. Attorney General regarding the legal

powers of the Lieutenant Governor in respect of Crown appointments.

1(384)  13. Deputy M.R. Higgins of St. Helier will ask a question of the Minister for Health and Social Services

regarding the number of people receiving treatment from the Drug and Alcohol Service.

1(385)  14. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding meetings

undertaken by the former Assistant Chief Minister with responsibility for financial services, digital, competition and innovation.

1(386)  15. Deputy M.R. Higgins of St. Helier will ask a question of H.M. Attorney General regarding the

legislation underpinning the Law Officers' advisory role to the Council of Ministers, Departments and the States Assembly.

1(387)  16. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Social Security regarding

future spending on the rental component of Income Support.

1(388)  17. Deputy S.Y. Mézec of St. Helier will ask a question of the Minister for Economic Development,

Tourism, Sport and Culture regarding spending by the Department and Locate Jersey in relation to High Value Resident applications.

1(389)  18. Deputy G.P. Southern of St. Helier will ask a question of the Chief Minister regarding the

employment of inward migrants in 2016.

1(390)  19. Deputy G.P. Southern of St. Helier will ask a question of the Chief Minister regarding the pay offer

to public sector employees.

1(391)  20. The Deputy of St. John will ask a question of the Minister for Social Security regarding the

repayments made by Income Support claimants following overpayment.

1(395)  21. The Deputy of Grouville will ask a question of the Minister for the Environment regarding the

administration of the contribution to the Eastern Cycle Network.

  1. Oral Questions (120 minutes)

1(401)  1.   Deputy G.J. Truscott of St. Brelade will ask the following question of the Minister for Education –

"Following a major roof leak at Les Quennevais School last week, resulting in the school being closed for two days due to safety concerns, will the Minister agree to instruct Jersey Property Holdings to carry out a thorough inspection of the school to ensure that it is safe and fit for purpose?"

1(404)  2.   Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social

Security –

"Is it the Minister's assessment that the current sums required for the Income Support rental component under the Housing Transformation Plan are sustainable in the medium to long term; if so, will she explain why; and if not, will she inform members what measures she has under consideration to ensure that taxpayers' money is not used to support high rents?"

1(400)  3.   Deputy A.D. Lewis of St. Helier will ask the following question of the Minister for Economic

Development, Tourism, Sport and Culture –

"Will the Minister advise what initiatives, if any, his Department has to promote the concept of buying local' to ensure that local businesses have the best possible opportunity to compete in the local market place?"

1(394)  4.  The Connétable of St. John will ask the following question of the Minister for Housing –

"Will the Minister confirm, and provide for members written confirmation from the Chief Fire Officer, that the cladding used on all high-rise residences in Jersey has been tested; and that the Chief Fire Officer is satisfied that the cladding used is not flammable?"

1(399)  5.  The Deputy of Grouville will ask the following question of the Minister for the Environment –

"Given that work has previously been undertaken on advancing the concept of pharmaceutical crops being grown in Jersey, will the Minister explain if this matter is still being researched and, if so, whether any progress has been made in this respect?"

1(412)  6.  Senator P.F.C. Ozouf will ask the following question of H.M. Attorney General –

"Does the legal requirement of collective responsibility apply to the Council of Ministers in respect of a vote of no confidence proposition in the Chief Minister?"

1(392)  7.   Deputy R. Labey of St. Helier will ask the following question of the Minister for Education –

"What measures is the Minister considering to enhance staff confidence in the management of Highlands College and the Education Department, including external, independent intervention?"

1(407)  8.   Deputy M.R. Higgins of St. Helier will ask the following question of H.M. Attorney General –

"Further to oral question 1(290), will the Chief Minister confirm whether any Human Rights audits undertaken by the Judicial Greffe, or other public authority, explicitly included all of the courts and tribunals listed in the answer to written question 1(260); if so, will he request the Judicial Greffe to publish the audits that were carried out; and, if not, will he explain why not?"

1(409)  9.   Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Infrastructure – "What action, if any, is the Minister taking to repair and maintain Liberation Square?"

1(398)  10. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Health and

Social Services –

"In the light of the Minister's commitment to parity of treatment for mental and physical health problems, will the Minister state whether local mental health nurse trainees are charged fees, when other nurse trainees are not and, if that is so, will he explain why?"

1(402)  11. Deputy M. Tadier of St. Brelade will ask the following question of the Chief Minister –

"Does the Chief Minister accept all of the recommendations made by the Independent Jersey Care Inquiry; and if not, why not?"

1(406)  12. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –

"To what extent, if any, do the 2016 estimates for population, along with net migration, support his efforts to grow the economy and, in particular, to increase productivity?"

1(403)  13. Deputy M. Tadier of St. Brelade will ask the following question of the Chief Minister –

"Will the Chief Minister provide his analysis of the prospects for economic growth in the short to medium term, given the contrast between the £24 million of additional tax revenue revealed in States of Jersey Financial Report and Accounts 2016' (R.67/2017) and the reduction in productivity revealed in the Survey of Financial Institutions' for 2016?"

1(410)  14. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for the

Environment –

"What action, if any, is the Minister taking to dissuade people from using chemicals such as glyphosate in public areas?"

1(393)  15. Deputy R. Labey of St. Helier will ask the following question of the Chief Minister –

"What assessment has the Chief Minister made of the efforts made to recruit people with a broader, more diverse range of backgrounds to States committees and boards and what measures, if any, is he proposing to ensure more diverse recruitment to such bodies?"

1(411)  16. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Education –

"Following the closure of Les Quennevais School for two days due to essential building works needing to be undertaken after parts of the roof were damaged, what update can the Minister give the Assembly on the progress being made on building a new school?"

1(408)  17. Deputy M.R. Higgins of St. Helier will ask the following question of H.M. Attorney General –

"Further to his answer to written question 1(260), will H.M. Attorney General advise whether or not any formal Human Rights audit checks have been carried out on the Law Officers' Department, the prosecution service and the Honorary Police either prior to, or after, the introduction of the Human Rights (Jersey) Law 2000; if so, will he publish the audits and, if not, will he explain why not?"

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

1st question period – Minister for External Relations

2nd question period – Minister for Infrastructure

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

The Chief Minister will make a statement regarding the report of the Independent Jersey Care Inquiry.

The Chairman of the Public Accounts Committee will make a statement regarding the Committee's report Review of eGov' (P.A.C.1/2017)

  1. PUBLIC BUSINESS

Draft Official Publications (Amendment No. 2) (Jersey) Law 201-.  P.32/2017. Lodged: 10th May 2017, Chief Minister.

Draft Health Insurance (Performers List for General Medical Practitioners) P.33/2017. (Amendment) (Jersey) Regulations 201-.

Lodged: 10th May 2017, Minister for Health and Social Services.

Draft States of Jersey (Transfer of Functions No. 9) (Health and Social Services to P.34/2017. Environment) (Jersey) Regulations 201-.

Lodged: 15th May 2017, Chief Minister.

Draft Sea Fisheries (Inshore Trawling, Netting and Dredging) (Amendment No. 4) P.36/2017. (Jersey) Regulations 201-.

Lodged: 16th May 2017, Minister for the Environment.

Draft Sea Fisheries (Inshore Waters) (Amendment No. 3) (Jersey) Regulations  P.37/2017. 201-.

Lodged: 16th May 2017, Minister for the Environment.

Draft Air Navigation (Rules of the Air) (Jersey) Regulations 201-.  P.40/2017. Lodged: 22nd May 2017, Minister for External Relations.

Medium Term Financial Plan 2017 – 2019: amendment to funding for fee-paying P.41/2017. schools.

Lodged: 23rd May 2017, Minister for Education.

Medium Term Financial Plan 2017 – 2019: amendment to funding for fee-paying  P.41/2017. schools (P.41/2017) – comments.  Com. Presented: 30th June 2017, Education and Home Affairs Scrutiny Panel.

Draft Amendment (No. 31) of the Standing Orders of the States of Jersey.  P.43/2017. Lodged: 23rd May 2017, Privileges and Procedures Committee.

Jersey Ethical Care Charter.  P.48/2017. Lodged: 6th June 2017, Deputy G.P. Southern of St. Helier .  (re-issue)

Jersey Ethical Care Charter (P.48/2017): amendment.  P.48/2017. Lodged: 27th June 2017, Minister for Health and Social Services.  Amd.

Draft Dormant Bank Accounts (Jersey) Law 2017 (Appointed Day) Act 201-.  P.49/2017. Lodged: 6th June 2017, Chief Minister.

  1. ARRANGEMENT OF PUBLIC BUSINESS 6th July 2017

Report of the Independent Jersey Care Inquiry (consideration in committee')

18th July 2017

Draft States of Jersey Police Force (Amendment No. 2) Law 201-.  P.30/2017. Lodged: 21st April 2017, Minister for Home Affairs.

Draft Drainage (Jersey) Law 2005 (Appointed Day) Act 201-.  P.38/2017. Lodged: 18th May 2017, Council of Ministers.  (re-issue)

Draft Drainage (Jersey) Law 2005 (Appointed Day) Act 201- (P.38/2017): addendum  P.38/2017. to report.  Add. Presented: 27th June 2017, Minister for Infrastructure.

Counter-Terrorism and Security  Act  2015:  extension to  Jersey  by Order  in P.42/2017. Council.

Lodged: 23rd May 2017, Chief Minister.

Draft Counter-Terrorism and Security (Miscellaneous  Amendments) (Jersey) P.47/2017. Law 201-.

Lodged: 1st June 2017, Minister for Home Affairs.

States of Jersey Police Non-Contributory Pension Scheme: payment of widows' P.44/2017. pensions.

Lodged: 25th May 2017, States Employment Board.

Draft Income Support (Amendment No. 16) (Jersey) Regulations 201-.  P.45/2017. Lodged: 30th May 2017, Minister for Social Security.

Draft Waste Management (Amendment No. 2) (Jersey) Regulations 201-.  P.46/2017. Lodged: 30th May 2017, Minister for the Environment.

Draft Amendment (No. 32) of the Standing Orders of the States of Jersey.  P.50/2017. Lodged: 6th June 2017, Privileges and Procedures Committee.

Draft Armed Forces (Offences and Jurisdiction) (Jersey) Law 201-.  P.51/2017. Lodged: 6th June 2017, Minister for Home Affairs.

Draft Criminal Procedure (Bail) (Jersey) Law 201-.  P.52/2017. Lodged: 6th June 2017, Minister for Home Affairs.

Draft Control of Housing and Work (Amendment of Law – Annual Charges) P.53/2017. (Jersey) Regulations 201-.

Lodged: 6th June 2017, Chief Minister.

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

Culture.

Note: Because of the requirement for a six-week lodging period, the draft Law cannot be debated before Wednesday 19th July 2017. If other business on the Order Paper for 18th July 2017 is completed before 19th July, the Minister for Economic Development, Tourism, Sport and Culture has indicated that he will seek the agreement of the Assembly, under Standing Order 26(7), to reduce the lodging period in order that this matter can be debated at that meeting.

Draft Commissioner for Standards (Jersey) Law 2017 (Appointed Day) Act 201-.  P.58/2017. Lodged: 21st June 2017, Privileges and Procedures Committee.

Note: Because of the requirement for a four-week lodging period, the draft Act cannot be debated before Wednesday 19th July 2017. If other business on the Order Paper for 18th July 2017 is completed before 19th July, the Chairman of the Privileges and Procedures Committee has indicated that he will seek the agreement of the Assembly, under Standing Order 26(7), to reduce the lodging period in order that this matter can be debated at that meeting.

Draft Amendment (No. 33) to the Standing Orders of the States of Jersey.  P.59/2017. Lodged: 21st June 2017, Privileges and Procedures Committee.

Note: Because of the requirement for a four-week lodging period, the draft Act cannot be debated before Wednesday 19th July 2017. If other business on the Order Paper for 18th July 2017 is completed before 19th July, the Chairman of the Privileges and Procedures Committee has indicated that he will seek the agreement of the Assembly, under Standing Order 26(7), to reduce the lodging period in order that this matter can be debated at that meeting.

12th September 2017

States  Members'  Remuneration  Review  Body:  implementation  of  pay P.39/2017. recommendations.

Lodged: 19th May 2017, Privileges and Procedures Committee.

Draft Education (Amendment No. 3) (Jersey) Law 201-.  P.56/2017. Lodged: 19th June 2017, Minister for Education.

States'  approval  for  household  liquid  or  solid  waste  charges  prior  to  P.57/2017. implementation.

Lodged: 20th June 2017, Minister for Infrastructure.

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

States  of  Jersey  Budget  2017:  allocation  of  funds  for  Parish  infrastructure  P.61/2017. projects.

Lodged: 28th June 2017, Connétable of St. Helier .

DR. M. EGAN Greffier of the States

29th June 2017 Note –

In accordance with the meeting dates fixed for 2017 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 5th July 2017.

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

R&O.61/2017.

Control of Housing and Work (Fees) (Amendment) (Jersey) Order 2017.

This Order amends the Control of Housing and Work (Fees) (Jersey) Order 2013 (the "Fees Order"), and uprates certain fees imposed by the Fees Order in relation to registration and licensing under the Control of Housing and Work (Jersey) Law 2012 (the "Law").

Article 1 is an interpretation provision. Article 2 amends Article 2 of the Fees Order to provide for a fee of £80 to be payable on a first application for a registration card by a person who has Licensed or Registered status and is over 19 years of age. The fee to accompany an application for a registration card by a person who has Entitled status under Regulation 2(1)(e) of the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013 is also increased by Article 2, to £7,500.

Article 3 inserts a new Article 2A into the Fees Order, which imposes a fee of £500 to accompany an application by a legal person for consent to acquire land as a party to a specified transaction for which the consideration is £25,000 or more. ("Specified transaction" is defined in Article 18 of the Law.) A reference to the relevant enabling power (which is being exercised here for the first time) is also inserted into the preamble to the Fees Order.

Article 4 substitutes Article 3 of the Fees Order to replace, with a new scale of fees, the fees payable on applications for business licences by non-resident undertakings. The substituted Article 3 will also provide that no such licence may be granted for a period of more than 12 months.

Article 5 amends Article 5 of the Fees Order to increase (to £225 per person) the annual charge in respect of a Licensed person permitted by an undertaking's business licence to work in or for the undertaking. Article 5(2) of the Fees Order is substituted with the effect that the increase will take effect in respect of each Licensed person so permitted to work on 1st November in any year (i.e. beginning with 1st November 2017) and the charge will be payable by 31st December in that year.

Article 6 gives the title by which this Order may be cited and provides for it to come into force on 1st July 2017.

The Order was made on 16th June 2017 and came into force on 1st July 2017.

R&O.62/2017 (renumbered).

Motor Traffic (Cabs – Fares and Charges) (Jersey) Order 2017.

This Order revokes and replaces the Motor Traffic (Cabs – Fares and Charges) (Jersey) Order 2008. It sets out tariffs, applying equally to both taxis and private-hire cabs, and simplifies and replaces the current system of 4 tariffs with 3 tariffs.

Article 1 is an interpretation provision. In particular it defines "cab" more narrowly than the Motor Traffic (Jersey) Law 1935, but so as to include both "taxis" and "private-hire cabs" (not "limousine taxi-cabs" or illegal unlicensed cabs). The Motor Traffic (Taxi-Cabs – General) (Jersey) Order 2002 defines a "taxi" as a cab which can use taxi ranks without restriction under its public service vehicle licence, and a "private- hire cab" as a cab which has restricted use of taxi ranks under its public service vehicle licence (whereas a "limousine taxi-cab" is one that cannot use taxi ranks at all).

Article 2 requires the maximum hire charge for a cab to be calculated according to the table in the Schedule except in two situations. The first situation is where the customer hiring the cab agrees a different hire charge with the driver of the cab. The second situation is where the hire of the cab is booked through a third party other than the driver and the third party's charges have been published by the third party and notified to the Minister in advance. The table in the Schedule simplifies the current table of 4 tariffs with 3 tariffs and makes changes to the distance of a segment for which a specified fee is payable and to the specified fees themselves. It also makes changes to the current fees specified for additional charges by imposing a new charge of 50p where a fee is not paid in cash. It also replaces the current specified charges concerning packages and additional passengers with a single charge for each passenger exceeding 4 passengers being carried in the cab.

Article 3 sets out when a cab journey is deemed to have started and ended.

Article 4 revokes the Motor Traffic (Cabs – Fares and Charges) (Jersey) Order 2008.

Article 5 sets out the title of this Order and provides that it will come into force on 1st July 2017. The Order was made on 19th June 2017 and came into force on 1st July 2017.

WRITTEN QUESTIONS

(See Item I(a))

  1. Deputy R. Labey of St. Helier will ask the following question of the Chief Minister –

"Further to the presentation of Jersey Appointments Commission: Annual Report for 2016' (R.56/2017), will the Chief Minister explain why the issues raised in paragraph 7.2 of that report have not been addressed by the States Employment Board; and advise what confidence he has that the concerns detailed in paragraph 7.4 of the same report have been recognised by the Board and that remedies will be actioned?

Furthermore, will the Chief Minister establish from the Chair of the Commission whether the recent appointment of a new Chair of Digital Jersey was subject to a full and appropriate appointments procedure, overseen by the Commission, or whether the process was impeded in any way by any matter listed as a subject of concern in paragraphs 7.2 or 7.4 of the report or detailed elsewhere within that report?"

  1. The Deputy of St. John will ask the following question of the Minister for Social Security –

"Following the publication of Jersey Resident Population – 2016 Estimate', will the Minister provide for each of the last 10 years the average amount of Social Security contribution credited to the Social Security Fund for people entering work who have moved to Jersey?"

  1. The Deputy of St. John will ask the following question of the Minister for Treasury and Resources –

"Following the publication of Jersey Resident Population – 2016 Estimate', will the Minister provide for each of the last 10 years the average amount of Income Tax contribution credited to the Consolidated Fund in respect of people entering work who have moved to Jersey?"

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

"Following the adoption of paragraph (b) of Minimum Wage: revised hourly rate from 1st April 2016' (P.150/2015) which requested the production of a report on the potential impact of a significant rise in the minimum wage, and further to her answer to oral question 1(201) on 28th March 2017, in which the Minister explained that Oxera would produce such a report and publish it in time to "feed into the Employment Forum's minimum wage review", will the Minister explain why the Oxera report has not been published, given that the Employment Forum has begun its consultation on the minimum wage, and will she state when members can expect it to be published?"

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

"What assessment has the Minister made of the submission of the Law Society to the Independent Review of Employment Practices in the Modern Economy in the U.K., led by Matthew Taylor , which referred to the reliance of individuals on taking their employers to court to get their rights recognised and which also highlighted the prospect of an independent government inspector who could go into businesses to ensure staff were being given their workplace rights?

Will she assure members that when the Taylor Review' is published, she will consider implementing those recommendations, if any, which are applicable to Jersey?

Given that it is now the start of the third quarter of 2017, will she also inform members when she intends to address the issue of defining zero hour' contracts so that any inappropriate use made of them can more readily be dealt with under employment legislation?"

  1. Deputy R. Labey of St. Helier will ask the following question of the Minister for Education –

"What did the most recent survey of Highlands College staff reveal about staff confidence in management and satisfaction with communication and will the Minister ensure that the results of the survey are released to the staff who contributed to it?

Have there been instances of teachers holding senior positions at Highlands College leaving the institution after initiating grievance procedures against senior management for bullying and harassment which were originally upheld by investigators but overturned by a panel chaired by a senior member of the Education Department?

If so, how does such a process comply with natural justice, whistleblowing procedure and the aim for zero tolerance of bullying; what changes in policy have resulted; and what redress is open to the teachers concerned in relation to the effect on their mental wellbeing, their careers and other harm caused to themselves and their families?"

  1. The Deputy of St. Ouen will ask the following question of the Minister for Health and Social Services –

"Will the Minister inform members what reviews of Children's Services by external organisations have taken place since 2009 and what reviews, if any, are planned for the future? Is there a rolling programme for such reviews by external organisations and, if so, what instances, if any, have there been where the programme was not adhered to in the past?"

  1. The Deputy of St. Ouen will ask the following question of the Minister for Health and Social Services –

"Will the Minister provide a breakdown of the number of referrals to Children's Services from January 2016 to date on a monthly basis? Furthermore, with reference to the Minister's media release dated 9th February 2017 concerning an unprecedented rise in such referrals from November 2016, will the Minister advise how long temporary staff worked within the Children's Initial Response Team (CIRT) to manage the workload of that team, whether there remains a requirement for additional staff to assist CIRT, and what measures, if any, does the Minister propose to take to enable CIRT to deal with any instances of increased workload in the future?"

  1. The Deputy of St. Ouen will ask the following question of the Chief Minister –

"Further to the Chief Minister's answer to oral question 1(230), will he update the Assembly on what steps, if any, he has taken since 18th April 2017 to bring forward the next Jersey Income Distribution Survey?"

  1. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Housing –

"Given the website of Andium Homes shows the average rent' for 1-bed and 2-bed flats, and 3-bed houses, as being £165.92, £212.58 and £271.69 per week respectively, and that the Income Support rental accommodation component "is available for up to the full amount of rent charged", will the Minister –

  1. advise whether the true average rents for these tenancies are £193.59, £248.05 and £330.14 per week respectively and, if so, request from Andium Homes an explanation of why their figures differ;
  2. state what action she will take to ensure Andium Homes publishes accurate averages;
  3. request from Andium Homes clarification of whether, in respect of the Income Support rental accommodation component, it is available up to the maximum rent shown or some other figure;
  4. provide, for the three categories of tenancy, an example of the "circumstances" in which individual households would have their rent either fully paid or part paid, including any change in rent paid by Income Support brought about by a change of circumstances (e.g. an increase in earnings);
  5. indicate what figures apply in the same circumstances to private sector rents; and
  6. state whether these policies are financially sustainable in the long term?"
  1. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Home Affairs – "Further to the answer to written question 9725 on 29th November 2016, will the Minister-
  1. advise whether the Jersey Police Complaints Authority, in exercising its oversight and supervision of investigations by the States of Jersey Police (or such other external police forces as circumstances require) of complaints made by members of the public against States of Jersey Police or Honorary Police officers, is able to determine its own investigative process, and whether it must rely solely upon documentation and information provided by the Police or is able of its own volition to seek out material to assist an investigation; and
  2. state how many investigations each year conducted by the Police have been rejected, or found to be unsatisfactory, by the Authority since it began its operations, expressing the figure numerically and as a percentage of the total number of substantiated claims?"
  1. Deputy M.R. Higgins of St. Helier will ask the following question of H.M. Attorney General –

"Will H.M. Attorney General inform members of the legal powers, if any, of the Lieutenant Governor with regard to Crown appointments (i.e. Bailiff , Deputy Bailiff , H.M. Attorney General and H.M. Solicitor General), stating any relevant legislation that may apply?"

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

"Will the Minister inform members of the number of people receiving treatment from the Drug and Alcohol Service for each type of addiction and will he further advise members whether the level of funding for dealing with each category of addiction is sufficient to meet current demand?"

  1. Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –

"Further to the answer to written question 1(350) on 20th June 2017, will the Chief Minister publish a similarly formatted answer in relation to the former Assistant Chief Minister with responsibility for financial services, digital, competition and innovation, showing who the Assistant Chief Minister met, when and where, and the purpose of the meetings from his business diary?"

  1. Deputy M.R. Higgins of St. Helier will ask the following question of H.M. Attorney General –

"Further to his answer to written questions 1(311) on 6th June 2017, and 1(353) on the 20th June 2017 will H.M. Attorney General advise what other legislation, if any, beyond the 1930 and 1965 Laws cited in the first answer, relate to the roles and duties of H.M. Attorney General and H.M. Solicitor General in relation to the giving of advice to the Council of Ministers, Departments of the States and the States of Jersey Assembly?"

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

"Further to the answer to written question 1(252) on 2nd May 2017, in which a cumulative total of approximately £12 million was given as required for additional support for the rental component of Income Support over the period up to 2019, will the Minister inform members what sums it is envisaged will be required for the decade 2020 – 2029, along with the total spend required in the three categories (Andium Homes; Other Housing Trusts; Private Sector) over this period; and will she state whether she considers those sums to be sustainable, and, if not, what action she intends to take to achieve sustainability?"

  1. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Economic Development, Tourism, Sport and Culture –

"Could the Minister provide a breakdown of how much has been spent by his Department and Locate Jersey in each of the last 5 years on entertaining prospective High Value Resident applicants and how much has been spent entertaining High Value Residents whose applications have been successful?"

  1. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –

"Following the publication of the Jersey resident population estimate 2016, will the Chief Minister publish a breakdown by employment sector of the 200 net licensed employees and dependants along with the 1,100 registered employees and dependants who comprise the inward migrants in 2016 alongside average earnings by sector and state whether the figures support his government's stated aim to grow the high-skill, high-earning sectors of the economy thereby increasing tax revenues to support the economy?"

  1. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –

"Does the Chief Minister consider that the £24 million additional tax revenue revealed in the Financial Report and Accounts 2016 (R.67/2017) is sustainable in the short to medium term? If so, for what reasons has the Chief Minister sought to make a below-inflation pay offer to public sector employees rather than engage in a less constrained negotiation? If not, what factors does he consider are in play to suggest that such a revenue boost is merely temporary?

Can the Chief Minister point to research undertaken by his advisors or others which suggests that the imposition of wage restraint on the public sector will raise economic growth?"

  1. The Deputy of St. John will ask the following question of the Minister for Social Security –

"Could the Minister advise how many current or former Income Support claimants are currently required to pay back funds due to overpayment? How many of these people receive in-work Income Support compared to the number not in work?"

  1. The Deputy of Grouville will ask the following question of the Minister for the Environment –

"Since the States Assembly agreed to introduce a contribution to the Eastern Cycle Network (E.C.N.) in the Island Plan, will the Minister set out how much has been collected as well as the dates on which, and from whom, it has been collected?

As the States agreed to a contribution towards the E.C.N. and did not specify how the mechanism was to be applied, will the Minister also explain who devised the mechanism, how it has been applied, whether it has been consistently applied, and, if not, why not?

Furthermore, as the States decision referred to a contribution to the E.C.N., will the Minister state whether the contribution has ever consisted of building work or material for the paths, and if not, why not?"

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

Questions without notice 2017

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