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STATES OF JERSEY ORDER PAPER
6th JUNE 2017
SUMMARY
9.30 a.m. Communications by the Presiding Officer and other announcements Appointments, matters of privilege, petitions (if any)
Nomination of Deputy S.M. Wickenden of St. Helier as a member of the Privileges and Procedures Committee who is either a Minister or Assistant Minister.
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 Housing
two Ministers Minister for Social Security
Statements (if any)
Approx. 12.10 p.m. Draft EU Legislation (Information Accompanying Transfers of Funds)
(Jersey) Regulations 201- (P.31/2017)
Draft States of Jersey (Amendment No. 9) Law 201- (P.18/2017)
Draft States of Jersey (Amendment No. 9) Law 201- (P.18/2017) – amendment (P.18/2017 Amd.)
Draft States of Jersey (Amendment No. 9) Law 201- (P.18/2017) – second amendment (P.18/2017 Amd.(2))
Draft Income Support (Amendment No. 15) (Jersey) Regulations 201-. (P.23/2017)
Chief Minister: term limit (P.24/2017)
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 7th and Thursday 8th June 2017, if necessary.
STATES OF JERSEY ORDER PAPER
6th JUNE 2017
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Road Traffic (Public Parking Places) (Miscellaneous Amendments No. 4) (Jersey) R&O.54/2017. Order 2017.
- DOCUMENTS PRESENTED
La Collette Low Rise Development: protection of existing amenity space and P.22/2017. trees – direction to Andium Homes Ltd. (P.22/2017) – comments. Com. Presented: 2nd June 2017, Council of Ministers.
Disability Strategy for Jersey. R.57/2017. Presented: 26th May 2017, Council of Ministers.
Land Transactions under Standing Order 168(3) – 1st Floor, International House, R.58/2017. 41 The Parade, St. Helier – lease.
Presented: 26th May 2017, Minister for Infrastructure.
Land Transactions under Standing Order 168(3) – Field 87, Le Champ de Girard, R.60/2017. Les Quennevais, La Rue Carrée, St. Brelade – proposed freehold acquisition.
Presented: 31st May 2017, Minister for Infrastructure.
Tertiary Education: Student Finance (S.R.2/2017) – response of the Minister for S.R.2/2017. Treasury and Resources. Res. Presented: 2nd June 2017, Minister for Treasury and Resources.
- NOTIFICATION OF LODGED PROPOSITIONS
States of Jersey Police Non-Contributory Pension Scheme: payment of widows' P.44/2017. pensions.
Lodged: 25th May 2017, States Employment Board.
Draft Counter-Terrorism and Security (Miscellaneous Amendments) (Jersey) Law P.47/2017. 201-.
Lodged: 1st June 2017, Minister for Home Affairs.
- WITHDRAWAL OF LODGED PROPOSITIONS
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
Nomination of Deputy S.M. Wickenden of St. Helier as a member of the Privileges and Procedures Committee who is either a Minister or Assistant Minister.
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
1(308) 1. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Housing regarding an
update on information presented in Housing Strategy: Consultation Document – October 2015' (R.116/2015).
1(309) 2. Deputy G.P. Southern of St. Helier will ask a question of the Chief Minister regarding the impact
of public sector pay policies and claims.
1(310) 3. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Social Security regarding
the prospect of additional support for recipients of Income Support who cannot find employment. 1(311) 4. Deputy M.R. Higgins of St. Helier will ask a question of H.M. Attorney General regarding the
duties and roles of the Law Officers in relation to Ministers, members and the Assembly and
potential conflicts between any of these three groups.
1(313) 5. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding the decision
to withdraw Future Hospital Funding Strategy' (P.130/2016), as amended.
1(314) 6. Deputy M.R. Higgins of St. Helier will ask a question of the Chief Minister regarding the
application of collective responsibility to decisions of the Council of Ministers.
1(315) 7. Deputy M.R. Higgins of St. Helier will ask a question of the Minister for Infrastructure regarding
progress in the provision of new headquarters for the Jersey Sea Cadets.
1(316) 8. Deputy G.P. Southern of St. Helier will ask a question of the Minister for Health and Social Services
regarding measures under consideration in light of the continuing absence of a resolution to the dispute between care staff and the management of Family Nursing and Home Care.
1(317) 9. Deputy G.P. Southern of St. Helier will ask a question of the Chief Minister regarding statistics in
respect of the number of care workers arriving in the Island since 2012.
1(318) 10. Deputy R. Labey of St. Helier will ask a question of the Minister for Infrastructure regarding
consultations, reviews and studies undertaken since 1977 in respect of Fort Regent.
- – Oral Questions (120 minutes)
1(324) 1. Deputy J.A. Martin of St. Helier will ask the following question of the Chief Minister –
"When did the Chief Minister make the decision to re-appoint Senator Ozouf as one of his Assistant Ministers, did he consult the Council of Ministers before doing so and, if so, was there unanimous support for the decision?"
1(334) 2. The Connétable of St. John will ask the following question of the Minister for Treasury and
Resources –
"Will the Minister explain what timeline was followed for introducing short-term borrowing into the equation as an option for funding the Future Hospital?"
1(330) 3. Senator S.C. Ferguson will ask the following question of the Chief Minister –
"Will the Chief Minister explain whether any changes have been made to the structure or workings of the Economics Unit, or whether any such changes are being considered?"
1(332) 4. Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Chief Minister –
"In the absence of a published response to the Scrutiny Panel's report, S.R.2/2017, will the Chief Minister advise the Assembly what the terms of reference will be for the Ministerial Sub-Committee tasked with finding a solution to the problems of financing students and provide an update on any progress made to date?"
1(307) 5. The Deputy of Grouville will ask the following question of the Minister for Treasury and
Resources –
"Will the Minister, as shareholder representative, clarify whether the description by the States of Jersey Development Company in its Annual Report and Accounts for 2016 of "the disposal" of properties simply means the sale of freeholds or does it include the sale of any leaseholds the Company administers on behalf of the public of Jersey?"
1(329) 6. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"In light of recent statements from the Chief Minister about the good state of the economy, will the Chief Minister bring to an end the policy of below-inflation pay offers either to be agreed by, or imposed on, the public sector workforce; and will he inform members what offer he has under consideration for the 4-year period 2017 to 2020, taking into account inflation estimates for this period?"
1(320) 7. Deputy R. Labey of St. Helier will ask the following question of the Minister for Treasury and
Resources –
"Further to the presentation of R.48/2017, will the Minister, as shareholder representative, advise whether South Hill and St. Saviour 's Hospital have been subsumed into the States of Jersey Development Company's portfolio and, if so, for what purpose?"
1(322) 8. The Deputy of St. Ouen will ask the following question of the Minister for Social Security –
"Given that the adult component of Income Support has been held at £92.12 since 2010, during which time the Retail Price s Index has risen by more than 16%, will the Minister explain how her proposal to increase the component by 2.9% will alleviate the financial hardship of persons unable to work through illness or disability?"
1(331) 9. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Health and
Social Services –
"What is the Minister's assessment of the appropriateness of the use of zero-hour contracts and of payment only for contact time (and not travel time) for care workers employed by providers on the Approved Provider Framework?"
1(328) 10. Deputy J.A.N. Le Fondré of St. Lawrence will ask the following question of the Chief Minister –
"Following the withdrawal of P.130/2016, as amended, just before the Assembly's last meeting, will the Chief Minister explain why he supported the decision and provide an update as to the timing of when any new proposals from the Council of Ministers will be lodged?"
1(326) 11. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Home Affairs –
"What action, if any, is the Minister taking to dissuade people from base-jumping from tall buildings in Jersey?"
1(335) 12. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Social Security –
"Further to a U.K. employment tribunal ruling of 28th October 2016 that Uber drivers were employed, and not self-employed, and therefore needed to be paid a national living wage, what implications, if any, has this had for the Minister's Department?"
1(321) 13. Deputy R. Labey of St. Helier will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"Is the Minister's decision not to go it alone with the proposed Guernsey-Jersey passenger-only ferry link based solely on the business case or financial projections or on a point of principle that Jersey should not be the sole funder of a project which would also benefit Guernsey?"
1(336) 14. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social
Security –
"To what extent, if any, have the proposals in the Draft Income Support (Amendment No. 16) (Jersey) Regulations' (P.45/2017) addressed the recommendation in paragraph 20 of the Scrutiny Report Living on Low Income' (S.R.4/2016) relating to the benefit trap'?"
1(327) 15. Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Education –
"In light of P.41/2017 being lodged, what steps, if any, is the Minister taking to minimize the impact on those parents affected of the proposed grant reductions to States and private fee-paying schools?"
1(333) 16. Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Minister for Home
Affairs –
"In the light of recent changes in other jurisdictions and following the publication of Cannabis: the Evidence for Medical Use' (known as the Barnes Report'), is the Minister considering any changes to the Island's current drugs policy?"
1(337) 17. Deputy J.A.N. Le Fondré of St. Lawrence will ask the following question of the Chief Minister –
"Will the Chief Minister expand upon his comments at a quarterly hearing with the Corporate Services Scrutiny Panel on 7th March 2016 (and more recent pronouncements) that consideration was being given to whether the delivery models for health and education services currently in place were the most appropriate ones?"
1(325) 18. Deputy J.A. Martin of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister explain his own involvement in the decision to withdraw P.130/2016, as amended, and will he inform the Assembly whether any extra information or advice on this matter was given to the Council of Ministers by any person or company not retained as a financial expert by the Council or Minister for Treasury and Resources?"
1(323) 19. The Deputy of St. Ouen will ask the following question of the Chief Minister –
"Further to his answer to oral question 1(230), will the Chief Minister update the Assembly on what steps, if any, he has taken since 18th April 2017 to bring forward the next Jersey Income Distribution Survey?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Housing
2nd question period – Minister for Social Security
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Draft EU Legislation (Information Accompanying Transfers of Funds) (Jersey) P.31/2017. Regulations 201-.
Lodged: 25th April 2017, Chief Minister.
Note: The 2nd reading of the Draft Law will resume, following adoption of the principles on 2nd May 2017 and the subsequent referral to the Corporate Services Scrutiny Panel under Standing Order 72(1).
La Collette Low Rise Development: protection of existing amenity space and P.22/2017. trees – direction to Andium Homes Ltd.
Lodged: 31st March 2017, Connétable of St. Helier .
La Collette Low Rise Development: protection of existing amenity space and trees – P.22/2017. direction to Andium Homes Ltd. (P.22/2017) – comments. Com. Presented: 2nd June 2017, Council of Ministers.
Chief Minister: term limit. P.24/2017. Lodged: 6th April 2017, Senator S.C. Ferguson.
Chief Minister: term limit (P.24/2017) – comments. P.24/2017. Presented: 18th May 2017, Privileges and Procedures Committee. Com.
- ARRANGEMENT OF PUBLIC BUSINESS 20th June 2017
Immigration (Amendment) (Jersey) Order 2017: extension to Jersey by P.26/2017. Order in Council.
Lodged: 11th April 2017, Chief Minister.
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 Innovation Fund R.3/2017. / R.45/2017. (Consideration in Committee'.)
4th July 2017
Draft Health Insurance (Performers List for General Medical Practitioners) P.33/2017. (Amendment) (Jersey) Regulations 201-.
Lodged: 10th May 2017, Minister for Health and Social Services.
Draft States of Jersey (Transfer of Functions No. 9) (Health and Social Services to P.34/2017. Environment) (Jersey) Regulations 201-.
Lodged: 15th May 2017, Chief Minister.
Draft Sea Fisheries (Inshore Trawling, Netting and Dredging) (Amendment No. 4) P.36/2017. (Jersey) Regulations 201-.
Lodged: 16th May 2017, Minister for the Environment.
Draft Sea Fisheries (Inshore Waters) (Amendment No. 3) (Jersey) Regulations P.37/2017. 201-.
Lodged: 16th May 2017, Minister for the Environment.
States Members' Remuneration Review Body: implementation of pay P.39/2017. recommendations.
Lodged: 19th May 2017, Privileges and Procedures Committee.
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.
18th July 2017
Counter-Terrorism and Security Act 2015: extension to Jersey by Order in P.42/2017. Council.
Lodged: 23rd May 2017, Chief Minister.
States of Jersey Police Non-Contributory Pension Scheme: payment of widows' P.44/2017. pensions.
Lodged: 25th May 2017, States Employment Board.
Draft Counter-Terrorism and Security (Miscellaneous Amendments) (Jersey) P.47/2017. Law 201-.
Lodged: 1st June 2017, Minister for Home Affairs.
DR. M. EGAN Greffier of the States
1st 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 7th and Thursday 8th June 2017.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.54/2017.
Road Traffic (Public Parking Places) (Miscellaneous Amendments No. 4) (Jersey) Order 2017.
This Order amends the Road Traffic (Public Parking Places) (Jersey) Order 2006 ("Public Parking Places Order") and the Road Traffic (Sand Street Car Park) (Jersey) Order 2012 ("Sand Street Car Park Order") to make provision for parking charges to be paid over the internet. This Order also makes some consequential amendments to the Road Traffic (Public Parking Places – Charges) (Jersey) Order 2017 ("Charges Order").
Article 1 amends the Public Parking Places Order by inserting a definition of "valid remote payment" in the Order and makes consequential amendments to allow internet payments for parking charges. It also makes provision for a digital photograph to be used as evidence of a vehicle parked in parking place and for a printed copy of records held by a Minister of valid remote payments to be prima facie evidence of whether or not a valid remote payment has been made.
Article 2 amends the Sand Street Car Park Order by making amendments in respect of Sand Street Car Park similar to those made to the Public Parking Places Order.
Article 3 amends the Charges Order by removing references to the requirement for a pay card to be displayed in order for the vehicle to qualify for the lower parking charge that applies where there is displayed in the vehicle a document showing that the vehicle emits low emissions.
Article 4 sets out the title of this Order and provides that it shall come into force 7 days after the day it is made.
The Order was made on 22nd May 2017 and came into force on 29th May 2017.
R&O.55/2017.
Road Traffic (Public Parking Places) (Rue des Prés Trading Estate Car Park) (Jersey) Order 2017.
This Order makes provision for a car park in the Rue des Prés Trading Estate by amending the Road Traffic (Public Parking Places) (Jersey) Order 2006 ("2006 Order") and the Road Traffic (Public Parking Places – Charges) (Jersey) Order 2017 ("2017 Order").
Article 1 amends the 2006 Order so as to –
add the car park in the Rue des Prés Trading Estate to the list of car parks in Schedule 1;
require the maximum parking period in the car park to be a total period of 12 hours in any 24 hours, and
make provision so that the pay period that applies in respect of the car park is between 8 a.m. and 5 p.m. on any day except Sunday and the prescribed charge is 1 parking unit for each period of one hour or part of one hour.
Article 2 amends the 2017 Order so as to add the Rue des Prés Car Park to the list of car parks for which the cost of a monthly season ticket is specified.
Article 3 sets out the title of the Order and provides that the Order will come into force on 30th May 2017. The Order was made on 22nd May 2017 and came into force on 30th May 2017.
WRITTEN QUESTIONS
(See Item I(a))
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Housing –
"Given the Guiding Principles for housing strategy outlined in Housing Strategy: Consultation Document – October 2015' (R.116/2015), will the Minister –
- update Figures 5 and 6 of that report and provide the number of housing completions by type for the years 2013 onward;
- indicate how many, and what proportion of, the 1,000 new home completions given as a target for Andium Homes in Annual Report 2015' (R.78/2016) will be affordable' rental homes;
- advise what work, if any, she has done to establish how many of the over 600 households shown in Figure 4 of R.116/2015 as being in urgent need of housing are realistically candidates for anything other than affordable rental housing with assistance from Income Support;
- advise what the average rent on new tenancies is for affordable Andium rental properties for 1 and 2-bedroom flats and 3-bedroom houses as a proportion of household income, along with the mortgage payments required for affordable purchase homes as a proportion of income; and
- provide updated figures for the house and rental price index to 2015/16, as shown in Figure 7 of R.116/2015, alongside the rise in R.P.I. and average earnings, for the period 2002 to date?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister – "Will the Chief Minister –
- summarise for members in tabular form the net impact in percentage terms of wage-restraint policies and inflation on public sector pay, broken down by pay group, over the period 2009 to 2016;
- advise what his proposals are for public sector pay claims over the 4-year period 2017 to 2020 and which groups are to be involved in the proposed single spine' for pay and conditions over this period; and
- detail what savings in public sector costs, if any, are targeted from these proposed changes to working conditions, broken down by pay group?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social Security –
"Will the Minister state what measures, if any, she has under consideration to provide additional support to those recipients of Income Support who cannot find employment, in light of the cessation of the disregard for Long Term Incapacity Allowance benefits and the erosion of the value of Income Support produced by the rise in R.P.I. of 16.4% since 2009?"
- Deputy M.R. Higgins of St. Helier will ask the following question of H.M. Attorney General –
"Will H.M. Attorney General explain to members in detail the role and duties of both himself and H.M. Solicitor General with respect to Ministers, members and the Assembly and explain how each Law Officer would operate in the event of a conflict arising between any of the three?
Will he also explain the legal basis for their duties and powers in respect of Ministers, members and the Assembly and where any documents setting out this legal basis can be examined?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister – "Will the Chief Minister state –
- whether an informal meeting of Ministers and others took place on 19th May 2017 to discuss the funding of the new General Hospital and, if so, the names of those who were present, as well as the names of those who decided that Future Hospital Funding Strategy' (P.130/2016), as amended, should be withdrawn, thereby delaying the hospital funding debate, and if not, why not;
- whether a formal decision was taken by the Council of Ministers to ratify the decision to withdraw P.130/2016 and, if so, when it was taken and in what form it was taken (i.e. physical meeting, conference call or email exchange); and
- if a formal decision was not taken by the Council of Ministers, when and how Ministers were notified of the decision that P.130/2016 would be withdrawn?"
- Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"Further to Code of Conduct and Practice for Ministers and Assistant Ministers' (R.11/2015), and in particular the reference in paragraph 4 that Ministers should "maintain a united position when decisions have been reached", will the Chief Minister explain whether this means that Ministers are only bound by collective responsibility following decisions made by all members of the Council of Ministers at a formal meeting after informed and inclusive debate; or whether it means Ministers may be bound by the decisions of one or a smaller number of Ministers where there has been no consultation or they have no prior knowledge of the decisions that have been taken, and are informed afterwards; or can collective responsibility apply in both instances?"
- Deputy M.R. Higgins will ask the following question of the Minister for Infrastructure –
"Will the Minister update members on what progress, if any, there has been to provide the Jersey Sea Cadets with a new headquarters and explain, if such decisions have been taken, where it is to be located and whether it will be a standalone or shared facility?
Will he also explain what sums have been expended to date on this matter, and to whom, and what the latest cost estimate is for this venture?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Health and Social Services –
"Further to his answer to oral question 1(300) on 23rd May 2017, will the Minister detail for members what measures, if any, he now has under consideration in light of the continuing absence of a resolution to the dispute between care staff and the management of Family Nursing and Home Care (FN&HC), given his duty of care to ensure quality care in the home, in terms of continuity of service, to FN&HC clients; and, if no measures are under consideration, will he explain why not?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"What figures, if any, does the Minister have from the quarterly number of licences registered under Control of Housing and Work legislation, or from the labour market reports, on the number of care workers arriving in the Island since 2012 in the sectors entitled in those reports education, health and other services' and miscellaneous business activities'?"
- Deputy R. Labey of St. Helier will ask the following question of the Minister for Infrastructure –
"Will the Minister provide a list, in reverse chronological order (commencing with the most recent) of all consultations, desktop studies, design advice and drawing submissions, together with any internal and external reviews that have been conducted, in relation to the development and maintenance of Fort Regent since 1977?
Will the Minister provide the relevant dates and costs of each project, with the costs adjusted for inflation to reflect current values; and will he indicate within the list the name of the relevant Committee President or Minister in office at the time of preparation of the pertinent documents?"
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2017
June 20th Environment Chief Minister July 4th External Relations Infrastructure July 18th Home Affairs Chief Minister
2nd Session 2017
September 12th Treasury and Resources Education
September 26th Health and Social Services Chief Minister October 10th Economic Development, Tourism, Housing
Sport and Culture
October 31st Infrastructure Chief Minister November 14th Environment External Relations November 28th Social Security Chief Minister December 12th Home Affairs Treasury and Resources