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Consolidated Order Paper 11th September 2018

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STATES OF JERSEY ORDER PAPER

11th SEPTEMBER 2018

SUMMARY

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

Appointments, matters of privilege, petitions:

  • Nomination  of  three  members  of  the  Public  Accounts Committee who are not members of the States
  • Appointment of the Bailiff 's Consultative Panel

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  Economic  Development,  Tourism,  Sport  and two Ministers  Culture

  • Chief Minister

Statements (if any)

Approx. 12.15 p.m.  Draft Limited Liability Companies (Jersey) Law 201- (P.85/2018)

Health  and  Safety  Appeal  Tribunal:  re-appointment  of  members (P.92/2018)

Draft  Sea  Fisheries  (Minimum  Size  Limits)  (Amendment  No. 6) (Jersey) Regulations 201- (P.93/2018)

Draft  Sea  Fisheries  (Les  Ecréhous)  (Jersey)  Regulations  201- (P.94/2018)

Draft Public Health and Safety (Rented Dwellings) (Jersey) Law 2018 (Appointed Day) Act 201- (P.95/2018)

Draft Amendment (No. 36) of the Standing Orders of the States of Jersey (P.98/2018)

Entitled status on social and economic grounds: changes to legislation (P.99/2018)

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 12th and Thursday 13th September 2018 if necessary.

STATES OF JERSEY ORDER PAPER

11th SEPTEMBER 2018 CONSOLIDATED

  1. COMMUNICATIONS BY THE PRESIDING OFFICER

* Regulation of Investigatory Powers (Jersey) Law 2005 and Police Procedures  R.118/2018. and Criminal Evidence (Jersey) Law 2003: Report of the Investigatory

Powers Commissioner 1st January to 31st December 2017.

Presented: 11th September 2018.

  1. TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)

Animal Health (Waste Food) (Jersey) Order 2018.  R&O.79/2018. Minister for the Environment.

Animal Health (Animal By-Products) (Jersey) Order 2018.  R&O.80/2018. Minister for the Environment.

Official Publications (Publication of Jersey Gazette) (Jersey) Order 2018.  R&O.81/2018. Chief Minister.

States of Jersey (Minister for International Development and Minister for R&O.82/2018. Children and Housing) (Jersey) Order 2018.

Chief Minister.

Sea Fisheries (Spider Crabs – Restrictions on Fishing) (Jersey) Order 2018.  R&O.83/2018. Minister for the Environment.

Financial Services Commission (Financial Penalties) (Amendment) (Jersey) R&O.84/2018. Order 2018.

Chief Minister.

EU Legislation (Sanctions – Republic of Maldives) (Jersey) Order 2018.  R&O.85/2018. Minister for External Relations.

Education (Grants and Allowances) (Jersey) Order 2018.  R&O.86/2018. Minister for Education.

[Signed by Assistant Minister, Deputy J.M. Maçon of St. Saviour , for and on

behalf of the Minister for Education.]

EU  Legislation  (Sanctions   South  Sudan)  (Amendment  No.  2)  (Jersey) R&O.87/2018. Order 2018.

Minister for External Relations.

[Signed by Chief Minister, Senator J.A.N. Le Fondré, for and on behalf of the

Minister for External Relations.]

  1. DOCUMENTS PRESENTED

Draft  Limited  Liability  Companies  (Jersey)  Law  201-  (P.85/2018):  P.85/2018. comments.  Com. Presented: 3rd September 2018, Economic Affairs Scrutiny Panel.

Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 6) (Jersey)  P.93/2018. Regulations 201- (P.93/2018): addendum to report. Add. Presented: 6th September 2018, Minister for the Environment.

Draft Sea Fisheries (Les Ecréhous) (Jersey) Regulations 201- (P.94/2018):  P.94/2018. addendum to report.  Add. Presented: 6th September 2018, Minister for the Environment.

Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 6) (Jersey)  P.93/2018 Regulations  201-  (P.93/2018)  and  Draft  Sea  Fisheries  (Les Ecréhous)  and (Jersey) Regulations 201- (P.94/2018): comments.  P.94/2018. Presented: 31st August 2018, Privileges and Procedures Committee.  Com.

Public  impact  of  Propositions:  proposed  amendment  to  Standing  Orders  P.96/2018. (P.96/2018) – comments.  Com. Presented: 23rd August 2018, Privileges and Procedures Committee.

* Public  impact  of  Propositions:  proposed  amendment  to  Standing  Orders  P.96/2018. (P.96/2018) – comments.  Com.(2). Presented: 10th September 2018, Chief Minister.

States of Jersey Complaints Board: findings – complaints by Mr. A. Luce and  R.71/2018. Mr. J. Mallinson against the Minister for Infrastructure and Jersey Property  Res. Holdings  regarding  the  handling  of  foreshore  encroachment  claims

(R.71/2018) – response of the Minister for Infrastructure.

Presented: 7th August 2018, Minister for Infrastructure.

States of Jersey Complaints Board: findings – complaints by Mr. A. Luce and  R.71/2018. Mr. J. Mallinson against the Minister for Infrastructure and Jersey Property  Res.Res. Holdings  regarding  the  handling  of  foreshore  encroachment  claims

(R.71/2018) – response of the Minister for Infrastructure (R.71/2018 Res.) –

response of the Complaints Board.

Presented: 8th August 2018, Privileges and Procedures Committee.

Land  Transactions  under  Standing  Order  168(3) –  19–21 Broad  Street, R.83/2018. St. Helier – lease-in.

Presented: 3rd July 2018, Minister for Infrastructure.

Jersey Financial Services Commission: Annual Report 2017.  R.90/2018. Presented: 12th July 2018, Chief Minister.

Land Transactions under Standing Order 168(3) – Springfield Stadium Café, R.91/2018. Janvrin Road, St. Helier – lease.

Presented: 17th July 2018, Minister for Infrastructure.

States  of  Jersey  Law  2005:  delegation  of  functions   Chief  Minister   R.92/2018. Assistant Minister and Officers.

Presented: 18th July 2018, Chief Minister.

Appointment of Assistant Ministers: consent of the Chief Minister.  R.93/2018. Presented: 19th July 2018, Chief Minister.

Jersey Overseas Aid: matters reserved for Board and matters delegated to R.94/2018. Executive Director.

Presented: 23rd July 2018, Jersey Overseas Aid Commission.

Land Transactions under Standing Order 168(3) – Fields Nos. 445, 447 and R.95/2018. 448, St. Catherine, St. Martin – sale.

Presented: 25th July 2018, Minister for Infrastructure.

States of Jersey Law 2005: delegation of functions – Minister for Treasury R.96/2018. and Resources – revised delegations July 2018.

Presented: 25th July 2018, Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – Minister for Economic R.97/2018. Development,  Tourism,  Sport  and  Culture –  delegations  to  Assistant

Ministers July 2018.

Presented: 26th July 2018, Minister for Economic Development, Tourism,

Sport and Culture.

Jersey Consumer Council: Annual Report for 2017.  R.98/2018. Presented: 26th July 2018, Minister for Economic Development, Tourism,

Sport and Culture.

States  of  Jersey  Law  2005:  delegation  of  functions –  Minister  for  the R.99/2018. Environment – revised delegations July 2018.

Presented: 26th July 2018, Minister for the Environment.

Meetings of the States in 2019.  R.100/2018. Presented: 27th July 2018, Privileges and Procedures Committee.

Land Transactions under Standing Order 168(3) –  R.101/2018.

  1. Nos. 74 and 76 Colomberie Shops, St. Helier – proposed sale;
  2. 14–16 Burrard Street, St. Helier – proposed lease.

Presented: 30th July 2018, Minister for Infrastructure.

Howard Davis Farm Trust: Report and Financial Statements for the year R.102/2018. ended 31st December 2017.

Presented: 31st July 2018, Minister for Treasury and Resources.

Jersey Gambling Commission: 2017 Annual Report and Accounts.  R.103/2018. Presented: 1st August 2018, Minister for Economic Development, Tourism,

Sport and Culture.

Agent of the Impôts: confirmation of acting appointment.  R.104/2018. Presented: 3rd August 2018, Minister for Home Affairs.

States of Jersey Police Force: Deputy Chief Officer – interim appointment.  R.105/2018. Presented: 3rd August 2018, Minister for Home Affairs.

States of Jersey Complaints Board: findings – complaint by Mrs. X against R.106/2018. the Minister for Education and Student Finance regarding the way in which

an application for student finance was administered.

Presented: 7th August 2018, Privileges and Procedures Committee.

States of Jersey Law 2005: delegation of functions – Minister for Children R.107/2018. and Housing – Residential Tenancy (Jersey) Law 2011 – revised delegations

August 2018.

Presented: 9th August 2018, Minister for Children and Housing.

Land Transactions  under Standing  Order  168(3) –  10 Grosvenor Terrace, R.108/2018. Grosvenor Street, St. Helier – proposed sale.

Presented: 14th August 2018, Minister for Infrastructure.

Social Security Department: Minister's Report 2017.  R.109/2018. Presented: 16th August 2018, Minister for Social Security.

Transfers between heads of expenditure under the Public Finances (Jersey) R.110/2018. Law 2005: Article 18(1)(c) and (1A) – 17th August 2018.

Presented: 21st August 2018, Minister for Treasury and Resources.

States of Jersey Complaints Board: findings – complaint by Mr. I. Barette R.111/2018. against the Minister for the Environment, regarding the processing of the

Planning applications relating to the property known as Broughton Lodge

Farm, St. Mary .

Presented: 23rd August 2018, Privileges and Procedures Committee.

Contingency allocation: revised policy – August 2018.  R.112/2018. Presented: 24th August 2018, Minister for Treasury and Resources.

Transfers between heads of expenditure under the Public Finances (Jersey) R.113/2018. Law 2005: Article 18(1)(c) and (1A) – 23rd August 2018.

Presented: 24th August 2018, Minister for Treasury and Resources.

Jersey Bank Depositors Compensation Board: Annual Report and Audited R.114/2018. Financial Statements for the year ended 31st January 2018.

Presented: 3rd September 2018, Chief Minister.

Jersey Bank Depositors Compensation Board: appointment of member.  R.115/2018. Presented: 4th September 2018, Chief Minister.

* Codes of Conduct and Practice for Ministers and Assistant Ministers.  R.116/2018. Presented: 10th September 2018, Council of Ministers.

* JePrersseeynt Aed:ppoi 10tnth Smentepts Comemberm 2018, ission:C hireef-appoiMininsttmer.ent of Chairman.  R.117/2018.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 6) (Jersey) P.93/2018. Regulations 201-.

Lodged: 20th July 2018, Minister for the Environment.

Draft Sea Fisheries (Les Ecréhous) (Jersey) Regulations 201-.  P.94/2018. Lodged: 23rd July 2018, Minister for the Environment.

Draft Public Health and Safety (Rented Dwellings) (Jersey) Law 2018  P.95/2018. (Appointed Day) Act 201-.

Lodged: 24th July 2018, Minister for the Environment.

Public impact of Propositions: proposed amendment to Standing Orders.  P.96/2018. Lodged: 3rd August 2018, Deputy G.C.U. Guida of St. Lawrence .

Public  impact  of  Propositions:  proposed  amendment  to  Standing  Orders  P.96/2018. (P.96/2018) – amendment.  Amd. Lodged: 20th August 2018, Deputy S.M. Wickenden of St. Helier .

Public  impact  of  Propositions:  proposed  amendment  to  Standing  Orders  P.96/2018. (P.96/2018) – second amendment.  Amd.(2) Lodged: 22nd August 2018, Senator S.C. Ferguson.

Ratification of the Agreement between the Government of Jersey and the P.97/2018. Government of the United Kingdom of Great Britain and Northern Ireland

for the Elimination of Double Taxation with respect to Taxes on Income and

on Capital Gains and the Prevention of Tax Evasion and Avoidance.

Lodged: 3rd August 2018, Minister for External Relations.

Draft Amendment (No. 36) of the Standing Orders of the States of Jersey.  P.98/2018. Lodged: 13th August 2018, Privileges and Procedures Committee.

Entitled status on social and economic grounds: changes to legislation.  P.99/2018. Lodged: 14th August 2018, Deputy J.H. Perchard of St. Saviour .

Rejection of Planning Application relating to Retreat Farm, La Rue de La P.100/2018. Frontière,   St. Mary  and  Rue  des  Varvots,   St. Lawrence :  rescindment  of

Ministerial Decision.

Lodged: 20th August 2018, Deputy S.M. Wickenden of St. Helier .

Standing  Orders  of  the  States  of Jersey:  rescindment  of  Standing  Order P.101/2018. 141A(2)(c).

Lodged: 23rd August 2018, Deputy R. Labey of St. Helier .

Ratification  of  the  Agreement  between  Jersey  and  the  Principality  of P.102/2018. Liechtenstein for the Elimination of Double Taxation with Respect to Taxes

on Income and on Capital and the Prevention of Tax Evasion and Avoidance.

Lodged: 30th August 2018, Minister for External Relations.

  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 –

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.

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

  1. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS (Explanatory note attached)

Nomination of the following 3 persons as members of the Public Accounts Committee who are not members of the States –

Mr. Tim H.J. Rogers

Ms. Mary-Rose (Moz) Scott Mr. Adrian Lane

Appointment of the Bailiff 's Consultative Panel.

  1. MATTERS OF PRIVILEGE
  2. PETITIONS
  3. QUESTIONS
  1. Written Questions

(attached)

Note: Written Question 135/2018, from Deputy K.G. Pamplin of St. Saviour , has been redirected since the Principal Order Paper was published.

WQ.128/2018  1.  The Minister for Education will table an answer to a question asked by Deputy R.J. Ward of

St. Helier regarding contracts in the education sector with externally employed and self- employed people.

WQ.129/2018  2.  The Chief Minister will table an answer to a question asked by the Deputy of St. John

regarding political oversight of the Communications Unit.

WQ.130/2018  3.  The Minister for Social Security will table an answer to a question asked by the Deputy of

St. John regarding her Department's involvement with Christmas payments made to the elderly by a well-known local benefactor.

WQ.131/2018  4.  The Chief Minister will table an answer to a question asked by the Deputy of St. John

regarding registration cards issued to people with Registered status.

WQ.132/2018  5.  The Minister for Social Security will table an answer to a question asked by Deputy S.M.

Ahier of St. Helier regarding the claimants of the Food Costs Bonus and Cold Weather Bonus.

WQ.133/2018  6.  The Minister for Infrastructure will table an answer to a question asked by the Deputy of St.

John regarding properties which are not connected to the main sewage system.

WQ.134/2018  7.  The Minister for Social Security will table an answer to a question asked by Deputy S.M.

Ahier of St. Helier regarding people in receipt of the Level 3 personal care component of Income Support.

W*Q.135/2018  Saviour regarding the Jersey Reclaim Fund.

8.  The Chief Minister will table an answer to a question asked by Deputy K.G. Pamplin of St.

WQ.136/2018  9.  The Chairman of the States Employment Board will table an answer to a question asked by

Deputy R.J. Ward of St. Helier regarding the public sector pay award for 2018.

WQ.137/2018  10. The Minister for Education will table an answer to a question asked by Deputy R.J. Ward of

St. Helier regarding the adjustments to tuition fee awards in respect of Higher Child Allowance.

WQ.138/2018  11. The Chairman of the Privileges and Procedures Committee will table an answer to a

question asked by Senator S.Y. Mézec regarding the introduction of online voting. WQ.139/2018  12. The Chairman of the Comité des Connétable s will table an answer to a question asked by

Senator S.Y. Mézec regarding a breakdown of honorary police officers by Parish and by

age.

WQ.140/2018  13. The Chairman of the Comité des Connétable s will table an answer to a question asked by

Senator S.Y. Mézec regarding the recent elections for Procureur du Bien Public.

WQ.141/2018  14. The Minister for Social Security will table an answer to a question asked by Senator S.C.

Ferguson regarding unemployment statistics.

WQ.142/2018  15. The Chief Minister will table an answer to a question asked by Deputy C.S. Alves of St.

Helier regarding individuals applying for Entitled status before completing 10 years of ordinary residence in Jersey.

WQ.143/2018  16. The Minister for Health and Social Services will table an answer to a question asked by

Deputy C.S. Alves of St. Helier regarding diagnoses of mesothelioma.

WQ.144/2018  17. The Minister for Home Affairs will table an answer to a question asked by Deputy C.S.

Alves of St. Helier regarding complaints in respect of aggressive or dangerous dogs. WQ.145/2018  18. The Minister for Health and Social Services will table an answer to a question asked by

Deputy M. Tadier of St. Brelade regarding the rescheduling of cannabis under Misuse of

Drugs legislation.

WQ.146/2018  19. The Minister for Social Security will table an answer to a question asked by Deputy M.

Tadier of St. Brelade regarding the impact of changes to Social Security contribution rates. WQ.147/2018  20. The Minister for Health and Social Services will table an answer to a question asked by

Deputy M.R. Higgins of St. Helier regarding engagement with hospital staff in respect of the

new Hospital.

WQ.148/2018  21. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St.

Helier regarding policy in respect of civil servants found to have lied to States members or the public.

WQ.149/2018  22. 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.

  1. Oral Questions

(120 minutes)

Note: Deputy S.M. Wickenden of St. Helier withdrew his first oral question following the publication of the Principal Order Paper and his second oral question has taken its place in the order. The two questions submitted by Deputy M. Tadier of St. Brelade have been swapped in the order, at his request, since the publication of the Principal Order Paper. Oral Question 111/2018, from Deputy K.F. Morel of St. Lawrence , has been redirected since the Principal Order Paper was published.

OQ.107/2018  1.   Deputy K.G. Pamplin of St. Saviour will ask the following question of the Chief Minister –

"Will the Chief Minister advise when a proposition to bring Article 20 of the Dormant Bank Accounts (Jersey) Law 2017 into force will be brought to the States for scrutiny and debate; and if that is no longer the intention, will he explain why?"

OQ.106/2018  2.   Deputy S.M. Wickenden of St. Helier will ask the following question of the Chief Minister – *

"Will the Chief Minister agree to provide by the end of the week members with a list of all the legacy issues he has been dealing with since taking office and will he say which he thinks are the most significant for the Island?"

OQ.111/2018  3.   Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for

* Treasury and Resources –

"Will the Minister confirm whether a supplier has been chosen following the tender process CP15/01/377, aimed at finding a supplier of janitorial supplies to the States of Jersey; and, if so, will the Minister tell the Assembly the name of that supplier?"

OQ.120/2018  4.  The Connétable of St. Helier will ask the following question of the Minister for

Infrastructure –

"Further to his response to Oral Question 87/2018 about the provision of public toilets in St. Helier , that he would take the matter up with the Chief Minister and his Department, will the Minister advise whether he has made any progress in that regard and, if not, when does he plan to do so?"

OQ.115/2018  5.   Deputy S.M. Ahier of St. Helier will ask the following question of the Minister for Social

Security –

"Will the Minister inform the Assembly whether any people receiving the level 3 care component of Income Support currently receive the Food Costs Bonus and the Cold Weather Bonus?"

OQ.125/2018  6.   Deputy M. Tadier of St. Brelade will ask the following question of H.M. Attorney General – *

"Will H.M. Attorney General advise whether it is currently legal for a Jersey resident to travel to Switzerland to end his or her life; and what safeguards, if any, exist to prevent an individual who assists a person with such travel from being prosecuted?"

OQ.116/2018  7.  The Deputy of St. Mary will ask the following question of the Minister for Environment –

"Will the Minister inform the Assembly if he considered the introduction of a complete ban on catching crawfish in Jersey waters (rather than increasing the minimum size limits) given the findings in the addendum to P.93/2018 that there is "a near-complete collapse in the species" around the Channel Islands?"

OQ.110/2018  8.   Deputy R.J. Rondel of St. Helier will ask the following question of the Minister for

Infrastructure –

"Will the Minister undertake to provide additional parking for both motorbikes and bicycles in St. Helier as a matter of urgency?"

OQ.114/2018  9.   Deputy J.H. Young of St. Brelade will ask the following question of the Chairman for

Privileges and Procedures Committee –

"Will the Chairman inform the Assembly whether his Committee has considered the Bailiff 's recent ruling that elected members who hold ministerial office cannot ask written questions under Standing Orders of other Ministers and will he also advise what changes, if any, he proposes to make to restore all members' ability to ask questions relating to work on behalf of their constituents?"

OQ.113/2018  10. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for Treasury

and Resources –

"Will the Minister confirm how much money was allocated in the current MTFP for public sector pays rises over the course of the MTFP; and will she state how much of this figure has been allocated to pay awards since the start of the current MTFP?"

OQ.108/2018  11. Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Minister for

Social Security –

"Further to the then Minister's indication in the report accompanying P.27/2018 that changes to the Employment Law to introduce breastfeeding rights such as breaks and workplace facilities would be debated by the States later in 2018, to come into force in September 2019', can the Minister confirm the timescale for lodging the proposed amendments?"

OQ.117/2018  12. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –

"Given the finding of the Food Foundation in Affordability of the UK's Eatwell Guide' that 3.7  million children in the UK are living in households for whom a healthy diet is increasingly unaffordable, will the Chief Minister advise what statistics, if any, he has in respect of Jersey on that subject; and, if none, will he undertake to investigate the matter?"

OQ.118/2018  13. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Health

and Social Services –

"Further to reports that information regarding possible sites for the Future Hospital may have been withheld from Ministers, the States or the public, will the Minister confirm whether information was withheld; and, if so, what information and who was responsible for this action?"

OQ.112/2018  14. Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for

Children and Housing –

"Will the Minister advise whether he has been informed by Andium Homes of any change in policy that means the company now collects more than the contractually agreed monthly rent from tenants in order to build up one month's worth of rent in the tenant's account with Andium; and, if so, when was he informed?"

OQ.123/2018  15. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for

Children and Housing –

"Will the Minister explain why Andium Homes has not signed up to the landlords' accreditation scheme (Rent Safe); will he work to ensure that it signs up for this voluntary scheme and, if so, will he provide a date for when this will be achieved?"

OQ.121/2018  16. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –

"Given that the report of the Institute for Public Policy Research Commission, Prosperity and Justice: A plan for the new economy', has suggested that "the widening gulf between rich and poor [has] damaged our nation's sense of itself", will the Chief Minister state whether it is assessment that this also applies to Jersey and, if so, what measures will he take to put fairness at the heart of the economy?"

OQ.109/2018  17. Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Minister for

Treasury and Resources –

"Can the Minster advise members what progress, if any, has been made towards amending the current position whereby married women are required to obtain the permission of their spouse in order to be able to discuss their taxes with the Taxes Office?"

OQ.119/2018  18. Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –

"What action does policy dictate should be taken in instances where officers are found to have lied, covered up their failures, or otherwise failed either to own up to mistakes or to correct their mistakes?"

OQ.124/2018  19. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Children

* and Housing –

"Further to the recent announcement that Andium rents will be frozen, what consideration, if any, is the Minister giving to changing the model that rents stand at 90% of market rate', for example by linking rent policy to average earnings?"

OQ.122/2018  20. The  Connetable  of  St.  Helier  will  ask  the  following  question  of  the  Minister  for  the

Environment –

"When, if at all, does the Minister plan to reconvene the group responsible for implementing the Future St. Helier initiative begun by the former Minister for the Environment?"

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

1st question period – Minister for Economic Development, Tourism, Sport and Culture 2nd question period – Chief Minister

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

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

Draft Limited Liability Companies (Jersey) Law 201- (P.85/2018): comments.  P.85/2018. Presented: 3rd September 2018, Economic Affairs Scrutiny Panel.  Com.

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

Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 6) (Jersey) P.93/2018. Regulations 201-.

Lodged: 20th July 2018, Minister for the Environment.

Draft  Sea  Fisheries  (Minimum  Size  Limits)  (Amendment  No. 6)  (Jersey)  P.93/2018. Regulations 201- (P.93/2018): addendum to report. Add. Presented: 6th September 2018, Minister for the Environment.

Draft  Sea  Fisheries  (Minimum  Size  Limits)  (Amendment  No. 6)  (Jersey)  P.93/2018 Regulations 201- (P.93/2018) and Draft Sea Fisheries (Les Ecréhous) (Jersey)  and Regulations 201- (P.94/2018): comments.  P.94/2018. Presented: 31st August 2018, Privileges and Procedures Committee.  Com.

Draft Sea Fisheries (Les Ecréhous) (Jersey) Regulations 201-.  P.94/2018. Lodged: 23rd July 2018, Minister for the Environment.

Draft  Sea  Fisheries  (Les  Ecréhous)  (Jersey)  Regulations  201-  (P.94/2018):  P.94/2018. addendum to report.  Add. Presented: 6th September 2018, Minister for the Environment.

Draft  Public  Health  and  Safety  (Rented  Dwellings)  (Jersey)  Law  2018 P.95/2018. (Appointed Day) Act 201-.

Lodged: 24th July 2018, Minister for the Environment.

Draft Amendment (No. 36) of the Standing Orders of the States of Jersey.  P.98/2018. Lodged: 13th August 2018, Privileges and Procedures Committee.

Entitled status on social and economic grounds: changes to legislation.  P.99/2018. Lodged: 14th August 2018, Deputy J.H. Perchard of St. Saviour .

  1. ARRANGEMENT OF PUBLIC BUSINESS 25th September 2018

Ratification of the Agreement between the Government of Jersey and the P.97/2018. Government of the United Kingdom of Great Britain and Northern Ireland

for the Elimination of Double Taxation with respect to Taxes on Income

and on Capital Gains and the Prevention of Tax Evasion and Avoidance.

Lodged: 3rd August 2018, Minister for External Relations.

Rejection of Planning Application relating to Retreat Farm, La Rue de La P.100/2018. Frontière, St. Mary and Rue des Varvots, St. Lawrence : rescindment of

Ministerial Decision.

Lodged: 20th August 2018, Deputy S.M. Wickenden of St. Helier .

Standing Orders of the States of Jersey: rescindment of Standing Order P.101/2018. 141A(2)(c).

Lodged: 23rd August 2018, Deputy R. Labey of St. Helier .

9th October 2018 23rd October 2018

Public impact of Propositions: proposed amendment to Standing Orders.  P.96/2018. Lodged: 3rd August 2018, Deputy G.C.U. Guida of St. Lawrence .

Public  impact  of  Propositions:  proposed  amendment  to  Standing  Orders  P.96/2018. (P.96/2018) – comments.  Com. Presented: 23rd August 2018, Privileges and Procedures Committee.

* Public  impact  of  Propositions:  proposed  amendment  to  Standing  Orders  P.96/2018. (P.96/2018) – comments.  Com.(2). Presented: 10th September 2018, Chief Minister.

Public impact of Propositions: proposed amendment to Standing Orders  P.96/2018. (P.96/2018) – amendment.  Amd. Lodged: 20th August 2018, Deputy S.M. Wickenden of St. Helier .

Public impact of Propositions: proposed amendment to Standing Orders  P.96/2018. (P.96/2018) – second amendment.  Amd.(2) Lodged: 22nd August 2018, Senator S.C. Ferguson.

Ratification of the Agreement between Jersey and the Principality of P.102/2018. Liechtenstein for the Elimination of Double Taxation with Respect to Taxes

on Income and on Capital and the Prevention of Tax Evasion and

Avoidance.

Lodged: 30th August 2018, Minister for External Relations.

DR. M. EGAN Greffier of the States

10th September 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 12th and Thursday 13th September 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 6th September 2018, or an item which has been altered or moved.  

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS (See Item F)

Public Accounts Committee: Appointment of unelected members

In accordance with Standing Order 124(1) the Chairman of the Public Accounts Committee has given notice of her nominations for the positions of unelected member of the Public Accounts Committee as follows –

Mr. Tim H. J. Rogers

Ms. Mary-Rose (Moz) Scott Mr. Adrian Lane

In accordance with Standing Order 131(1)(b), the constitution of the Public Accounts Committee provides that (not including the Chairman) there must be equal numbers of elected members (who are not Ministers or Assistant Ministers) and non-States members.

In accordance with Standing Order 124(2) any alternative nominations for membership of the Public Accounts Committee must have been received by the Greffier of the States no later than 2 clear working days before the meeting, namely no later than 6th September 2018. If alternative nominations are received a secret ballot will be held.

Biographies

  1. Mr Tim H. J. Rogers

Formerly, project manager for the Incorporation of Jersey Post, on the Treasury Steering Group for Jersey Telecom and responsible for the Incorporation of Ports of Jersey. Also worked with Health and Social Services, reviewing governance models. Background in business/commercial and finance. Tutor/mentor for the Chartered Management Institute and an APMG qualified Change Practitioner.

  1. Ms Mary-Rose (Moz) Scott

Former specialist in tax, structured finance and corporate law. Qualified solicitor in English and Jersey law, experience in London and Jersey. Former partner and director of commercial practice in the finance industry.

  1. Mr Adrian Lane

Tenured finance director, JFSC approved, Fellow of the Institute of Chartered Accountants and holder of the Diploma in Company Direction of the Institute of Directors. Executive on local audit committee. Background in industrial and consumer market sectors, principally with businesses going through transformational change.

Process

The  Public  Accounts  Committee  advertised on social and  traditional media  for non-Members  who wished to put themselves forward for appointment to the Committee under Standing Order 124. The advert sought experienced professionals able to demonstrate a successful track record in finance, legal, regulatory or a similar environment. Executive or director level experience in complex organisations was considered an advantage, as was a high degree of literacy in accounting. The candidates were sent further information detailing the role and responsibilities of unelected members, and advised that these roles are not remunerated and expenses are not ordinarily payable. Given that successful candidates would be expected to attend and participate in (at least) 2 meetings per month, be called to attend other working meetings or public hearings and could expect to receive significant quantities of documentation to review, the candidates were advised of the demanding workload accordingly.

The shortlisting panel comprised the Chairman, the Greffier of the States and the Viscount, abiding by Jersey Appointments Commission guidance, including the appropriate documentation and management of any conflicts of interest. It used a scoring matrix in order to assess the candidates objectively. Four applicants were shortlisted for interview and were interviewed by the same panel on 20th and 25th July 2018.

Bailiff 's Consultative Panel: Appointment of members

On 7th July 1992 the States, adopting a proposition of former Senator R.J. Shenton, "agreed to establish a Consultative Panel of elected members of the States with whom the Bailiff would be able to meet in order to consult on a confidential basis in appropriate cases".

The composition of the Panel has been amended on a number of occasions since 1992 to reflect changes to the machinery of government and the current composition, agreed on 16th May 2006, is as follows –

the Chief Minister;

the Minister for Treasury and Resources;

the Chairman of the Privileges and Procedures Committee;

the Chairman of the Comité des Connétable s; and

five other members elected by ballot by the States for a period of 3 years.

On 22nd September 2015, the States appointed former Senator P.F.C. Ozouf , Senator L.J. Farnham , the Connétable of St. Lawrence , the Deputy of Grouville and Deputy J.A. Martin of St. Helier as the 5 members elected by ballot for 3 years.

Although the Panel does not meet frequently it nevertheless enables the Bailiff to discuss various matters with elected members. For example, matters discussed by the Panel in the past few years have included the plans for Liberation Day and Royal visits, the arrangements for the departure of His Excellency the Lieutenant Governor and the arrival of his successor, the appointment of Crown Officers and the appropriate way to mark the retirement of the Bailiff .

As the 3 year term of office of the 5 members elected by ballot in 2015 will soon expire (and as there are currently 2 vacancies) it is necessary to re-appoint members. In accordance with the procedure followed in 2015, nominations will be invited from the floor and each nomination will need to be seconded. If there are more than 5 nominations made a secret ballot will be held and the 5 members receiving the largest numbers of votes will be elected as members of the Panel. In any ballot each member would be able to cast up to 5 votes.