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Consolidated Order Paper 10th July 2018

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STATES OF JERSEY ORDER PAPER

10th JULY 2018

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

  Deputy of St. Peter to the Minister for the Environment

Up to 30 minutes,  Oral questions without notice:

divided between the  Minister for Health and Social Services two Ministers  Minister for Education

Statements (if any)

Approx. 12.10 p.m.  Fields 85, 84 and 80, La Rue Carrée, St. Brelade : acquisition of land

by the Public (P.78/2018)

Draft International Co-operation (Protection from Liability) (Jersey) Law 201- (P.54/2018)

Draft  The  Law  Society  of  Jersey  (Amendment  No. 4)  Law  2017 (Appointed Day) Act 201- (P.58/2018)

Draft Companies (Demerger) (Jersey) Regulations 201- (P.59/2018)

Draft  Public  Employees  (Contributory  Retirement  Scheme) (General) (Amendment No. 12) (Jersey) Regulations 201- (P.69/2018)

States of Jersey Development Company Limited: re-appointment of Non-Executive Directors (P.72/2018)

Draft Income Support (Amendment No. 18) (Jersey) Regulations 201- (P.73/2018)

Draft  Proceeds  of  Crime  (Amendment  No. 3)  (Jersey)  Law  201- (P.75/2018)

Referendum  (Presidency  of  States  Assembly)  (Jersey)  Act  201- (P.76/2018)

Draft Referendum (Presidency of States Assembly) (Jersey) Act 201- (P.76/2018): amendment (P.76/2018 Amd.)

Draft Referendum (Presidency of States Assembly) (Jersey) Act 201- (P.76/2018): second amendment (P.76/2018 Amd.(2))

Draft  Social  Security  (Amendment  No. 23)  (Jersey)  Law  201- (P.77/2018)

Draft Social Security (Amendment No. 23) (Jersey) Law 201- (P.77/2018): amendment (P.77/2018 Amd.)

Draft Limited Liability Partnerships (Jersey) Law 2017 (Appointed Day) Act 201- (P.81/2018)

Draft Limited Liability Partnerships (Amendment of Law) (Jersey) Regulations 201- (P.82/2018)

Draft Limited Liability Partnerships (Dissolution and Winding up) (Jersey) Regulations 201- (P.83/2018)

Draft Criminal Justice (Miscellaneous Provisions) (No. 2) (Jersey) Regulations 201- (P.84/2018)

Draft Taxation Implementation (Miscellaneous Amendments) (Jersey) Regulations 201- (P.86/2018)

Draft Public Elections (Amendment of Time of Opening of Poll) (Jersey) Regulations 201- (P.89/2018)

Future Hospital: Public Inquiry – Terms of Reference (P.90/2018) 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 11th and Thursday 12th July 2018, if necessary.

STATES OF JERSEY ORDER PAPER

10th JULY 2018 CONSOLIDATED

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

Marriage and Civil Status (Jersey) Order 2018.  R&O.69/2018. Minister for Home Affairs.

  1. DOCUMENTS PRESENTED

* Draft The Law Society of Jersey (Amendment No. 4) Law 2017 (Appointed  P.58/2018. Day) Act 201- (P.58/2018): addendum to report.  Add. Presented: 10th July 2018, Chief Minister.

* Dcomrafmt entComs. panies  (Demerger)  (Jersey)  Regulations  201-  (P.59/2018):  P.59/201Com8.. Presented: 9th July 2018, Economic Affairs Scrutiny Panel.

* FiePublilds 85, c (P.78/84 and2018) 80, La R– commuente Cars. rée, St. Brelade : acquisition of land by the  P.78/201Com8.. Presented: 9th July 2018, H.M. Attorney General.

Finance  Law  Delegation  Report  for  the  period  1st January 2017  to R.84/2018. 31st December 2017.

Presented: 3rd July 2018, Minister for Treasury and Resources.

Jersey Post International Limited: Financial Statements for the year ended  R.85/2018. 31st December 2017.

Presented: 4th July 2018, Minister for Treasury and Resources.

Notice  under  Article 29A(3)  of  the  States  of  Jersey  Law  2005: R.86/2018. States of Jersey (Minister for International Development and  Minister for

Children and Housing) (Jersey) Order 2018.

Presented: 5th July 2018, Chief Minister.

Land Transactions under Standing Order 168(3) – Jersey Spartan Athletic  R.87/2018. Clubhouse land, F.B. Fields, La Grande Route de St. Clement , St. Clement

lease.

Presented: 9th July 2018, Minister for Infrastructure.

* Organ Donation Review (S.R.3/2018): response of the Minister for Health  S.R.3/2018. and Social Services.  Res. Presented: 10th July 2018, Minister for Health and Social Services.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Draft  Referendum  (Presidency  of  States  Assembly)  (Jersey)  Act  201-  P.76/2018. (P.76/2018): amendment. Amd. Lodged: 3rd July 2018, Comité des Connétable s.

Draft  Referendum  (Presidency  of  States  Assembly)  (Jersey)  Act  201-  P.76/2018. (P.76/2018): second amendment.  Amd.(2) Lodged: 3rd July 2018, Comité des Connétable s.

* Health and Safety Appeal Tribunal: re-appointment of members.  P.92/2018. Lodged: 10th July 2018, Minister for Social Security.

  1. WITHDRAWAL OF LODGED PROPOSITIONS

In accordance with Standing Order 34(1), the proposers of the following propositions lodged au Greffe' have informed the Greffier of the States that they are to be withdrawn –

Draft Explosives (Amendment) (Jersey) Law 201-.  P.38/2018. Lodged: 26th February 2018, Minister for Home Affairs.

Draft Access to Justice (Jersey) Law 201-.  P.50/2018. Lodged: 27th February 2018, Chief Minister.

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

WQ.100/2018  1.  The Minister for Infrastructure will table an answer to a question asked by the Connétable of

Grouville regarding road safety projects agreed by the Road Safety Review Panel. WQ.101/2018  2.  The Minister for Housing will table an answer to a question asked by Deputy M. Tadier of

St. Brelade regarding a review of the current housing qualifications.

WQ.102/2018  3.  The Chairman of the Comité des Connétable s will table an answer to a question asked by

Senator S.Y. Mézec regarding the review of the Honorary Police.

WQ.103/2018  4.  The Chairman of the Comité des Connétable s will table an answer to a question asked by

Senator S.Y. Mézec regarding people who have been permitted to vote at an election despite not being on the electoral register.

WQ.104/2018  5.  The Chairman of the Comité des Connétable s will table an answer to a question asked by

Senator S.Y. Mézec regarding the breakdown by gender of membership of the Parish Roads Committees.

WQ.105/2018  6.  The Minister for Education will table an answer to a question asked by Deputy G.P.

Southern of St. Helier regarding the provision of early years literacy schemes.

WQ.106/2018  7.  The Chairman of the States Employment Board will table an answer to a question asked by

the Deputy of St. Peter regarding local recruitment to States of Jersey jobs.

WQ.107/2018  8.  The Minister for Education will table an answer to a question asked by Deputy R.J. Ward of St. Helier regarding the use of consultants by the Department of Education.

WQ.108/2018  9.  The Minister for Education will table an answer to a question asked by Deputy R.J. Ward of

St. Helier regarding the outsourcing of services by the Department of Education. WQ.109/2018  10. The Minister for Treasury and Resources will table an answer to a question asked by Deputy

R.J. Ward of St. Helier regarding the Horizon development at the Waterfront.

WQ.110/2018  11. The Minister for Treasury and Resources will table an answer to a question asked by Deputy

R.J. Ward of St. Helier regarding the funding of public sector pay awards for 2018. WQ.111/2018  12. The Minister for Housing will table an answer to a question asked by Deputy C.S. Alves of

St. Helier regarding tenants under-occupying the properties in which they live.

WQ.112/2018  13. The Minister for Health and Social Services will table an answer to a question asked by

Deputy C.S. Alves of St. Helier regarding access to personal medical records.

WQ.113/2018  14. The Minister for Health and Social Services will table an answer to a question asked by

Deputy C.S. Alves of St. Helier regarding the rehabilitation of patients by the Drug and Alcohol Service.

WQ.114/2018  15. The Minister for Health and Social Services will table an answer to a question asked by

Deputy C.S. Alves of St. Helier regarding off-Island advertising of jobs in the health sector. WQ.115/2018  16. The Minister for Treasury and Resources will table an answer to a question asked by Deputy

R.J. Rondel of St. Helier regarding trade creditors of the Ports of Jersey.

WQ.116/2018  17. The Minister for Housing will table an answer to a question asked by Deputy R.J. Rondel of

St. Helier regarding work on the Summerland site.

WQ.117/2018  18. The Minister for External Relations will table an answer to a question asked by Deputy G.P.

Southern of St. Helier regarding the sector-by-sector assessment of economic substance by the OECD Forum on Harmful Tax Practices.

WQ.118/2018  19. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St.

Helier regarding the funding of a new Income Distribution Survey.

WQ.120/2018  20. The Minister for Infrastructure will table an answer to a question asked by Deputy M. Tadier

of St. Brelade regarding vacant States-owned properties.

WQ.121/2018  21. The Minister for Infrastructure will table an answer to a question asked by Deputy G.P.

Southern of St. Helier regarding the outsourcing of services by the Department of Infrastructure.

WQ.122/2018  22. The Minister for Economic Development, Tourism, Sport and Culture will table an answer

to a question asked by Deputy M.R. Higgins of St. Helier regarding farmers in receipt of multiple grants over the last 20 years.

WQ.123/2018  23. The Minister for Home Affairs will table an answer to a question asked by Deputy M.R.

Higgins of St. Helier regarding officers of the States of Jersey Police and Customs and Immigration with second jobs.

WQ.124/2018  24. The Minister for Treasury and Resources will table an answer to a question asked by Deputy

M.R. Higgins of St. Helier regarding the current balance of the Criminal Offences Confiscation Fund.

WQ.125/2018  25. The Minister for Health and Social Services will table an answer to a question asked by

Deputy M.R. Higgins of St. Helier regarding the structure and workforce of his Department. WQ.126/2018  26. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St.

Helier regarding the records of the Independent Jersey Care Inquiry.

WQ.127/2018  27. The Minister for the Environment will table an answer to a question asked by the

Connétable of St. Brelade regarding notices under the Weeds (Jersey) Law 1961.

  1. Oral Questions (120 minutes)

OQ.88/2018  1.   Deputy L.B.E. Ash of St. Clement will ask the following question of the Minister for the

Environment –

"Does the Minister know of any new plans to build on the remaining green field sites in St. Clement ; and if he does not, will he commit to informing Parish Members immediately should he become aware of any such plans?"

OQ.89/2018  2.   Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for

External Relations –

"Will the Minister update the Assembly on what preparations, if any, have been made for a hard Brexit' in which the U.K. would leave the E.U. on 29th March 2019 without any deal or special arrangements made with regard to the Island?"

OQ.85/2018  3.  The Connétable of Grouville will ask the following question of the Minister for

Infrastructure –

"Will the Minster either seek extra funding, or prioritise funding from his existing budget, in order to bring forward any proposed road safety projects that have been identified by the Road Safety Review Panel but which have not yet been actioned; and if not, why not?"

OQ.92/2018  4.   Deputy R.J. Ward of St. Helier will ask the following question of the Minister for Treasury

and Resources –

"What provisions exist for members of the public who face significant drops in income to be able to manage their Income Tax liability, in particular, those facing retirement in the coming years with only the state pension as their income?"

OQ.94/2018  5.   Deputy J.H. Perchard of St. Saviour will ask the following question of the Chairman of the

States Employment Board –

"Given the content of the HR Lounge report on bullying and harassment in the States, will the Chairman inform members when she plans to draw up a written action plan and timeline detailing how the States will work to change the bullying culture identified?"

OQ.102/2018  6.   Deputy S.M. Ahier of St. Helier will ask the following question of the Minister for Treasury

and Resources –

"Will the Minister consider reintroducing marginal relief for non-resident pensioners in the next Budget?"

OQ.98/2018  7.   Deputy G.P. Southern of St. Helier will ask the following question of the Minister for

Infrastructure –

"What measures, if any, are in place to assess and monitor the standards achieved by service providers of cleaning and gardening outsourced by his Department; and what provisions (in particular, break clauses) are in place should the requirements of any Service Level Agreements not be met?"

OQ.86/2018  8.   Deputy R.J. Rondel of St. Helier will ask the following question of the Minister for

Infrastructure –

"Will the Minister give an update on the current position of the land at St. Catherine's that was recently advertised for sale?"

OQ.103/2018  9.   Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –

"Will the Chief Minister advise members whether it is his policy that the recommendations of the Independent Jersey Care Inquiry be fully implemented and, if so, will he make that implementation one of his Government's priorities?"

OQ.97/2018  10. Senator S.Y. Mézec will ask the following question of the Chairman of the Privileges and

Procedures Committee –

"Will the Privileges and Procedures Committee commit to implementing all of the recommendations made in the report from the C.P.A. Election Observer Mission; and if not, why not?"

OQ.95/2018  11. Deputy C.S. Alves of St. Helier will ask the following question of the Minister for Social

Security –

"Is it the Minister's policy position that Jersey should enact legislation similar to that already in place in the U.K. and France to allow people suffering from mesothelioma to obtain a nominal amount by way of compensation; and, if so, will she commit to engaging with the Minister for Health and Social Services and the Chief Minister on this matter?"

OQ.90/2018  12. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for

Infrastructure –

"Will the Minister provide the latest figures for recycling rates for glass and plastics, on and off-Island; and will he advise what he is doing to bolster recycling levels?"

OQ.91/2018  13. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Health

and Social Services –

"What talks, if any, has the Minister or his Department had with the Little Sisters of the Poor, and the Parish of St. Helier , with regard to securing the future of their care home?"

OQ.100/2018  14. Senator K.L. Moore will ask the following question of the Chief Minister –

"Following the announcement that the Chief Minister intends to appoint a Minister for Children and Housing, will the Chief Minister explain whether he considered instead appointing a Minister for Families and, if not, will he explain why not?"

OQ.104/2018  15. Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –

"Will the Chief Minister advise members what evidence was used to justify the Ministerial Decision to relax policy under Control of Housing and Work legislation to enable High Value Residents (with Entitled status under Regulation 2(1)(e)) to purchase and develop properties in the Island?"

OQ.93/2018  16. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for the

Environment –

"What support, if any, is available for businesses who undertake green initiatives such as compostable coffee cups?"

OQ.101/2018  17. Senator K.L. Moore will ask the following question of the Chief Minister –

"What has been the key achievement of the Chief Minister's first 30 days in the role and what are his priorities for the next 60 days?"

OQ.99/2018  18. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –

"Given reports in the U.K. that, despite an increase in the U.K. national minimum wage in excess of inflation, the ability of workers on low hourly rates to meet the Minimum Income Standard has worsened over the past year, will the Chief Minister advise whether up-to-date data exist for similar analyses to be made in respect of low-earning Jersey households and, if so, will he undertake to instigate such analyses?"

OQ.96/2018  19. Deputy C.S. Alves of St. Helier will ask the following question of the Minister for Economic

Development, Tourism, Sport and Culture –

"Further to the issues highlighted in the open letter published by Jersey's States-funded cultural organisations on 13th May 2018, what action, if any, is the Minister taking to address the  "chronic underinvestment"  which they have  said exists in Jersey's cultural sector?"

OQ.87/2018  20. Deputy R.J. Rondel of St. Helier will ask the following question of the Minister for

Infrastructure –

"Given that People's Park is being increasingly used by the public, including schools, and that a new children's play area is currently being installed, will the Minister provide the necessary funds to install toilet facilities?"

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

1st question period – Minister for Health and Social Services 2nd question period – Minister for Education

  1. – Urgent Oral Questions

* The following urgent oral question has been approved by the Bailiff and will be asked at the present meeting –

UOQ.2/2018 The Deputy of St. Peter will ask the following question of the Minister for the Environment –

"Is the Minister aware of concerns from the residents of Ville du Bocage regarding noise and vibration  disruption  from  the  construction  of  the  Hospital  catering  facility  at  St.  Peter's Technical Park; and, if so, what action has been and will be taken?"

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

Fields 85, 84 and 80, La Rue Carrée, St. Brelade : acquisition of land by the P.78/2018. Public.

Lodged: 12th April 2018, Minister for Education.

* Fields 85, 84 and 80, La Rue Carrée, St. Brelade : acquisition of land by the  P.78/2018. Public (P.78/2018) – comments.  Com. Presented: 9th July 2018, H.M. Attorney General.

Draft International Co-operation (Protection from Liability) (Jersey) Law  P.54/2018. 201-.

Lodged: 27th February 2018, Chief Minister.

Draft The Law Society of Jersey (Amendment No. 4) Law 2017 (Appointed P.58/2018. Day) Act 201-.

Lodged: 1st March 2018, Chief Minister.

* Draft The Law Society of Jersey (Amendment No. 4) Law 2017 (Appointed  P.58/2018. Day) Act 201- (P.58/2018): addendum to report.  Add. Presented: 10th July 2018, Chief Minister.

Draft Companies (Demerger) (Jersey) Regulations 201-.  P.59/2018. Lodged: 1st March 2018, Chief Minister.

* DPrerafset Cnteomd: 9panith Jules (yD 2018, emergEerconomic) (Jersey Af) Rfaiegrsul Scatrutions 20iny P1anel- (P.59/2018). : comments.  P.59/201Com8..

Draft  Public  Employees  (Contributory  Retirement  Scheme)  (General) P.69/2018. (Amendment No. 12) (Jersey) Regulations 201-.

Lodged: 14th March 2018, Chief Minister.

States of Jersey Development Company Limited: re-appointment of Non- P.72/2018. Executive Directors.

Lodged: 4th April 2018, Minister for Treasury and Resources.

Draft Income Support (Amendment No. 18) (Jersey) Regulations 201-.  P.73/2018. Lodged: 9th April 2018, Minister for Social Security.

Draft Proceeds of Crime (Amendment No. 3) (Jersey) Law 201-.  P.75/2018. Lodged: 9th April 2018, Chief Minister.

Note: The Third Reading of the Draft Law will continue following the Assembly's adoption on 26th June 2018 of a proposition to move to the next item.

Referendum (Presidency of States Assembly) (Jersey) Act 201-.  P.76/2018. Lodged: 10th April 2018, Privileges and Procedures Committee.

Draft  Referendum  (Presidency  of  States  Assembly)  (Jersey)  Act  201-  P.76/2018. (P.76/2018): amendment. Amd. Lodged: 3rd July 2018, Comité des Connétable s.

Draft  Referendum  (Presidency  of  States  Assembly)  (Jersey)  Act  201-  P.76/2018. (P.76/2018): second amendment.  Amd.(2) Lodged: 3rd July 2018, Comité des Connétable s.

Draft Social Security (Amendment No. 23) (Jersey) Law 201-.  P.77/2018. Lodged: 10th April 2018, Minister for Social Security.

Draft Social Security (Amendment No. 23) (Jersey) Law 201- (P.77/2018):  P.77/2018. amendment.  Amd. Lodged: 21st May 2018, Minister for Social Security.

Draft Limited Liability Partnerships (Jersey) Law 2017 (Appointed Day)  P.81/2018. Act 201-.

Lodged: 21st May 2018, Chief Minister.

Draft  Limited  Liability  Partnerships  (Amendment  of  Law)  (Jersey) P.82/2018. Regulations 201-.

Lodged: 21st May 2018, Chief Minister.

Draft Limited Liability Partnerships (Dissolution and Winding up) (Jersey) P.83/2018. Regulations 201-.

Lodged: 21st May 2018, Chief Minister.

Draft  Criminal  Justice  (Miscellaneous  Provisions)  (No. 2)  (Jersey) P.84/2018. Regulations 201-.

Lodged: 21st May 2018, Chief Minister.

Draft  Taxation  Implementation  (Miscellaneous  Amendments)  (Jersey) P.86/2018. Regulations 201-.

Lodged: 21st May 2018, Minister for External Relations.

Draft Public Elections (Amendment of Time of Opening of Poll) (Jersey) P.89/2018. Regulations 201-.

Lodged: 25th May 2018, Comité des Connétable s.

Future Hospital: Public Inquiry – Terms of Reference.  P.90/2018. Lodged: 25th May 2018, Deputy R. Labey of St. Helier .

  1. ARRANGEMENT OF PUBLIC BUSINESS 11th September 2018

Migration Policy.  P.70/2018. Lodged: 15th March 2018, Council of Ministers.

States Members' duties.  P.71/2018. Lodged: 29th March 2018, Privileges and Procedures Committee.

Draft Limited Liability Companies (Jersey) Law 201-.  P.85/2018. Lodged: 21st May 2018, Chief Minister.

Consultation on pedestrian crossings on Bagatelle Road.  P.91/2018. Lodged: 21st June 2018, Deputy J.M. Maçon of St. Saviour .

* Health and Safety Appeal Tribunal: re-appointment of members.  P.92/2018. Lodged: 10th July 2018, Minister for Social Security.

DR. M. EGAN Greffier of the States

9th July 2018 Note –

In accordance with the meeting dates fixed for 2018 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 11th and Thursday 12th July 2018.

An asterisk * in the left-hand margin denotes either a new item added to this Order Paper since the Order Paper was first published on 5th July 2018, or an item which has been altered or moved.