Skip to main content

Consolidated Order Paper 26th June 2018

The official version of this document can be found via the PDF button.

The below content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments.

STATES OF JERSEY ORDER PAPER

26th JUNE 2018

SUMMARY

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

Appointments, matters of privilege, petitions

  • Appointment of the President of the Chairmen's Committee
  • Appointment of Members of the Privileges and Procedures Committee
  • Nomination of the Connétable of St. Mary as an elected member of the Public Accounts Committee
  • Appointment of two Members of the States Employment Board
  • Appointment of up to two Members of the Jersey Police Authority

Approx. 10.45 a.m. Up to 2 hours

2.15 p.m.

Up to 30 minutes, divided between the two Ministers


Summary of written questions Oral questions with notice Urgent questions (if any)

Oral questions without notice:

  • Minister for Infrastructure
  • Chief Minister

Statements

  • Minister for External Relations regarding Engagement with the E.U. Code of Conduct Group on Business Taxation

Approx. 3.00 p.m.  Draft Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017

(Appointed Day) Act 201- (P.39/2018)

Draft Armed Forces (Vehicles and Roads – Amendments) (Jersey) Regulations 201- (P.40/2018)

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

Ratification of the Agreement and Exchange of Letters for the Exchange of Information Relating to Tax Matters between the Government of Jersey and the Kingdom of Spain (P.60/2018)

Pedestrian Crossing outside La Moye School: petition (P.61/2018)

Pedestrian Crossing outside La Moye School: petition (P.61/2018): amendment (P.61/2018 Amd.)

Draft Financial Services Commission (Amendment No. 7) (Jersey) Law 201- (P.74/2018)

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

Draft Official Publications (Amendment No. 2) (Jersey) Law 2017 (Appointed Day) Act 201- (P.79/2018)

Jersey Police Complaints Authority: appointment of member (P.80/2018)

Draft Marriage and Civil Status (Amendment No. 4) (Jersey) Law 201- (Appointed Day) Act 201- (P.87/2018)

States of Jersey elections: pre-election procedures for States meetings and the lodging of propositions (P.88/2018)

States of Jersey elections: pre-election procedures for States meetings and the lodging of propositions (P.88/2018): amendment (P.88/2018 Amd.)

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 27th and Thursday 28th June 2018, if necessary.

STATES OF JERSEY ORDER PAPER

26th JUNE 2018 CONSOLIDATED

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

States of Jersey Prison Service: H.M. Prison La Moye – Annual Report 2017. R.75/2018. Presented: 15th June 2018, Minister for Home Affairs.

Island-wide Rate Figure for 2018.  R.76/2018. Presented: 20th June 2018, Comité des Connétable s.

Land Transactions under Standing Order 168(3) – Bermuda House, Green  R.77/2018. Street, St. Helier – lease-in.

Presented: 21st June 2018, Minister for Infrastructure.

Ports of Jersey: Annual Report 2017.  R.78/2018. Presented: 21st June 2018, Minister for Treasury and Resources.

Operational Land and Buildings.  R.79/2018. Presented: 21st June 2018, Comptroller and Auditor General.

JT Group Limited: Annual Review 2017/18 – Connecting our Islands – and R.80/2018. Annual  Report  and  Audited  Consolidated  Financial  Statements

31st December 2017.

Presented: 22nd June 2018, Minister for Treasury and Resources.

* Jersey New Waterworks Company Ltd.: Annual Report and Financial  R.81/2018. Statements 2017.

Presented: 26th June 2018, Minister for Treasury and Resources.

* Tforhe H Longealth an-Terd Socm Cariale Sche Servimcee (s aS.Rnd Soc.4/2018)ial Secu: joirnitty r.esponse of the Ministers  S.R.4/2018.Res. Presented: 25th June 2018, Minister for Health and Social Services.

  1. NOTIFICATION OF LODGED PROPOSITIONS

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

  1. WITHDRAWAL OF LODGED PROPOSITIONS

In accordance with Standing Order 34(1), the proposer of the following proposition lodged au Greffe' has informed the Greffier of the States that it is to be withdrawn –

La Route de St. Aubin: installation of Pedestrian Crossings and reduction of P.68/2018. speed limit.

Lodged: 14th March 2018, Deputy M.R. Higgins of St. Helier .

  1. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
  1. Appointment of the President of the Chairmen's Committee.
  2. Appointment of the members of the Privileges and Procedures Committee.
  3. Nomination of the Connétable of St. Mary as an elected member of the Public Accounts Committee.
  4. Appointment of two Members of the States Employment Board.
  5. Appointment of up to two Members of the Jersey Police Authority.
  1. MATTERS OF PRIVILEGE
  2. PETITIONS
  3. QUESTIONS
  1. Written Questions(attached)

WQ.80/2018  1.  The Chairman of the Privileges and Procedures Committee will table an answer to a question

asked by the Connétable of St. Brelade regarding a review of the prescribed form of the nomination document for election.

WQ.82/2018  2.  The Minister for Infrastructure 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 Infrastructure. WQ.83/2018  3.  The Minister for Infrastructure will table an answer to a question asked by Deputy C.S. Alves

of St. Helier regarding the use of Piquet House.

WQ.84/2018  4.  The Minister for Treasury and Resources will table an answer to a question asked by Deputy

C.S. Alves of St. Helier regarding the funding provided to minority community groups or representatives.

WQ.85/2018  5.  The Minister for Home Affairs will table an answer to a question asked by Deputy C.S. Alves

of St. Helier regarding the level of marriage fees following the implementation of the Marriage and Civil Status (Amendment No. 4) (Jersey) Law 2018.

WQ.86/2018  6.  The Minister for Education will table an answer to a question asked by Deputy C.S. Alves of

St. Helier regarding educational visits by foreign students.

WQ.87/2018  7.  The Chairman of the Comité des Connétable s will table an answer to a question asked by

Senator S.Y. Mézec regarding arrangements for the elections held on 16th May 2018.

WQ.88/2018  8.  The Chairman of the Privileges and Procedures Committee will table an answer to a question

asked by Senator S.Y. Mézec regarding turnout in the elections held on 16th May 2018. WQ.89/2018  9.  The Minister for Treasury and Resources will table an answer to a question asked by Deputy

G.P. Southern of St. Helier regarding the Minister's tax policy.

WQ.90/2018  10. The Minister for Treasury and Resources will table an answer to a question asked by Deputy

G.P. Southern of St. Helier regarding the Minister's policy in respect of the relationship between taxation and expenditure.

WQ.91/2018  11. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St.

Helier regarding access to statistical data in respect of income inequality.

WQ.92/2018  12. The Minister for Education will table an answer to a question asked by Deputy G.P. Southern

of St. Helier regarding the Jersey Early Learning Literacy Years club.

WQ.93/2018  13. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St.

Helier regarding work undertaken to address reservations expressed by the E.U. Code Group. WQ.94/2018  14. The Chairman of the Privileges and Procedures Committee will table an answer to a question

asked by Deputy M. Tadier of St. Brelade regarding the level of representation of

constituencies in the States Assembly.

WQ.95/2018  15. The Chairman of the Comité des Connétable s will table an answer to a question asked by

Deputy M. Tadier of St. Brelade regarding the representation of St. Helier and St. Clement in the States Assembly.

WQ.96/2018  16. The Minister for Home Affairs will table an answer to a question asked by Deputy M. Tadier

of St. Brelade regarding the barriers that exist for the importation of medicinal cannabis. WQ.97/2018  17. The Chairman of the States Employment Board will table an answer to a question asked by

Deputy R.J. Ward of St. Helier regarding future consultation in respect of workforce

modernisation.

WQ.98/2018  18. 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 the maximum stake that may be made on betting machines in Jersey.

  1. Oral Questions (120 minutes)

OQ.71/2018  1.  Senator S.C. Ferguson will ask the following question of the Minister for External Relations –

"Will the Minister advise whether non-ministerial bodies have been invited to ministerial Brexit meetings and, if so, will he explain why?"

OQ.68/2018  2.   Deputy J.M. Maçon of St. Saviour will ask the following question of the Minister for

Infrastructure –

"Given that the Sustainable Transport Policy was adopted in 2010 and that many of the timescales set out in the proposition have passed, will the Minister explain what work, if any, is being done to update the Policy ahead of the new Island Plan being developed and how the recommendations from November 2010 of the Scrutiny review of the Policy will be incorporated in any such update?"

OQ.75/2018  3.   Deputy C.S. Alves of St. Helier will ask the following question of the Minister for Social

Security –

"Given the unanimous decision of the last Assembly, when adopting Zero-hour contracts' (P.92/2016), that exclusivity clauses should be prohibited from zero-hours contracts, will the Minister assure members that she will take action to implement the decision as a matter of priority?"

OQ.70/2018  4.   Deputy R.J. Ward of St. Helier will ask the following question of the Chairman of the States

Employment Board –

"Further to the release of the report by The HR Lounge on bullying and harassment in the States, will the Chairman assure members that any recommendations will be adopted as a matter of urgency; and will he explain how the situation will be monitored to ensure the development of a culture in which staff feel safe to voice their concerns?"

OQ.76/2018  5.  The Connétable of St. Helier will ask the following question of the Minister for Education –

"Will the Minister state whether any school libraries have closed in the last 5 years and, if so, why?"

OQ.83/2018  6.  Senator K.L. Moore will ask the following question of the Chief Minister –

"Will the Chief Minister give an update on the progress of the productivity plan and explain to the Assembly what level of priority he has placed on producing such a plan?"

OQ.67/2018  7.   Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for Treasury

and Resources –

"What was the total amount of Goods and Services Tax revenue obtained in respect of elderly care services in the 12 months from January to December 2017 and how much of this figure was for residential care services and how much for dementia care services?"

OQ.79/2018  8.   Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Health and

Social Services –

"Will the Minister advise whether any average waiting times (not including private practice) to see consultants and for subsequent medical procedures have been assessed as being unacceptably long; and, if so, will he state in which areas and what steps he will take to reduce those waiting times?"

OQ.81/2018  9.   Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Treasury

and Resources –

"Is it the Minister's policy that public expenditure should be used to enable residents to have a good quality of life at all stages, supported by high-quality public services; and, if so, will she inform members what she will do to ensure this is achieved in a fair and equitable way, given the ageing demographic of the population?"

OQ.69/2018  10. Senator S.Y. Mézec will ask the following question of the Chairman of the Privileges and

Procedures Committee –

"How does the Committee intend to address any recommendations made by the CPA Election Observer Mission, relating to practical arrangements for voting, in time for the referendum on the presidency of the States Assembly which it is proposed should take place in October?"

OQ.78/2018  11. Deputy C.S. Alves of St. Helier will ask the following question of the Minister for Home

Affairs –

"Notwithstanding the answer given to Written Question 85/2018, would the Minister commit to staggering any increase in marriage fees over a period of time?"

OQ.77/2018  12. The Connétable of St. Helier will ask the following question of the Minister for the

Environment –

"Is it the Minister's policy that the Planning and Building Section of his Department should be relocated in order to release the site it occupies at South Hill for housing and, if so, what is the timescale to achieve this?"

OQ.80/2018  13. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Health and

Social Services –

"Has cannabis been taken off Schedule 1 (under Misuse of Drugs legislation) and put on to Schedule 2 to allow for medicinal usage; if not, will the Minister explain why not and state whether it is still the intention of the Department to do so and what the timescale is for it to happen?"

OQ.82/2018  14. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –

"Is it the Chief Minister's policy to reduce income inequality across all sectors of the economy and, if so, what measures does he have under consideration in order to do so?"

OQ.74/2018  15. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for

Infrastructure –

"Will the Minister explain why his Department has not acknowledged a letter from the St. Helier Roads Committee, dated 25th April 2018, in which the Department's attention was drawn to defects in the condition of the Ring Road' which pose a particular risk to cyclists and motorcyclists?"

OQ.72/2018  16. Senator S.C. Ferguson will ask the following question of the Chief Minister –

"What staff appointments have been made at the Jersey London Office and the Channel Islands Brussels Office in the past 6 months?"

OQ.73/2018  17. Senator S.Y. Mézec will ask the following question of the Chairman of the Comité des

Connétable s –

"Will the Comité commit to holding a review of the honorary system to determine what can be done to improve recruitment to the Honorary Police and secure its future as an important part of our community?"

OQ.84/2018  18. Senator K.L. Moore will ask the following question of the Chief Minister –

"In light of the U.K. Home Secretary's recent announcement that he plans to relax immigration rules for skilled workers ahead of Brexit, does the Chief Minister intend to follow suit?"

  1. – Questions to Ministers without notice (30 minutes) – 1st question period – Minister for Infrastructure

2nd question period – Chief Minister

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

* The Minister for External Relations will make a statement regarding engagement with the E.U. Code of Conduct Group on Business Taxation.

  1. PUBLIC BUSINESS

Draft  Armed  Forces  (Offences  and  Jurisdiction)  (Jersey)  Law  2017 P.39/2018. (Appointed Day) Act 201-.

Lodged: 26th February 2018, Minister for Home Affairs.

Draft  Armed  Forces  (Vehicles  and  Roads –  Amendments)  (Jersey) P.40/2018. Regulations 201-.

Lodged: 26th February 2018, Minister for Home Affairs.

Draft Armed Forces (Vehicles and Roads – Amendments) (Jersey) Regulations  P.40/2018. 201- (P.40/2018): comments.  Com. Presented: 5th April 2018, Education and Home Affairs Scrutiny Panel.

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

Lodged: 27th February 2018, Chief Minister.

Ratification of the Agreement and Exchange of Letters for the Exchange of P.60/2018. Information Relating to Tax Matters between the Government of Jersey and

the Kingdom of Spain.

Lodged: 5th March 2018, Minister for External Relations.

Pedestrian Crossing outside La Moye School: petition.  P.61/2018. Lodged: 6th March 2018, Deputy M. Tadier of St. Brelade .

Pedestrian  Crossing  outside  La  Moye  School:  petition  (P.61/2018): P.61/2018. amendment.  Amd. Lodged: 29th March 2018, Minister for Infrastructure.

Draft Financial Services Commission (Amendment No. 7) (Jersey) Law 201-.  P.74/2018. Lodged: 9th April 2018, Chief Minister.

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

Draft Official Publications (Amendment No. 2) (Jersey) Law 2017 (Appointed P.79/2018. Day) Act 201-.

Lodged: 21st May 2018, Chief Minister.

Jersey Police Complaints Authority: appointment of member.  P.80/2018. Lodged: 21st May 2018, Minister for Home Affairs.

Draft  Marriage  and  Civil  Status  (Amendment  No. 4)  (Jersey)  Law  201- P.87/2018. (Appointed Day) Act 201-.

Lodged: 21st May 2018, Chief Minister.

States of Jersey elections: pre-election procedures for States meetings and  P.88/2018. the lodging of propositions.

Lodged: 22nd May 2018, Deputy J.M. Maçon of St. Saviour .

States of Jersey elections: pre-election procedures for States meetings and the P.88/2018. lodging of propositions (P.88/2018): amendment.  Amd. Lodged: 29th May 2018, Deputy J.M. Maçon of St. Saviour .

  1. ARRANGEMENT OF PUBLIC BUSINESS 10th July

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.

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

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

Lodged: 14th March 2018, Chief Minister.

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

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.

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

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.

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.

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 Limited Liability Companies (Jersey) Law 201-.  P.85/2018. 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 .

11th September 2018

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

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

DR. M. EGAN Greffier of the States

25th June 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 27th and Thursday 28th June 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 21st June 2018, or an item which has been altered or moved.  

Note regarding the appointments processes (See Item F)

President of the Chairmen's Committee

Standing Order 121(1) provides that the President of the Chairmen's Committee shall be appointed from amongst the persons who are members of the Committee.

The Presiding Officer will invite nominations for the position. Only the 6 Chairmen (the Chairmen of the Public Accounts Committee and the 5 Scrutiny Panels) are eligible for nomination. If there is only one nomination, the member nominated will speak for up to 10 minutes followed by a 20-minute question period; after which the member will be selected for appointment. If there is more than one nomination each candidate will speak for up to 10 minutes with a 20 minute question period. The candidates will speak and be questioned in the order in which they have been nominated. Other candidates must withdraw from the Chamber during the speeches and question period.

Following the speeches and question periods, a recorded vote will be held until one candidate receives an overall majority of the votes cast. The electronic voting system will be used in any instance where there are no more than two candidates; an open ballot will take place in instances where there are more than two candidates.

Members of the Privileges and Procedures Committee

Standing Order 122 provides that the Chairman of the Privileges and Procedures Committee shall nominate 3 elected members who are neither Ministers nor Assistant Ministers as members of the Committee. The Chairman, after consultation with the Chief Minister, will also nominate 2 elected members who are each a Minister or an Assistant Minister as members; and he will also nominate one member of the Chairmen's Committee.

After the Chairman has made the nominations the Presiding Officer will invite alternative nominations within each of these 3 categories. Only members who meet the relevant criteria are eligible for membership in each category. If alternative nominations are made there will be a secret ballot for membership of the category concerned. In the ballot(s), members have the same number of votes as the number of places to be filled but do not have to use all their votes. The candidate(s) with the largest numbers of votes will be elected.

Elected members of the Public Accounts Committee

Standing Order 123(1) provides that the Chairman of the Public Accounts Committee shall indicate that the number of elected members that she wishes to have as members of the Committee will be increased to 3. She will then nominate the Connétable of St. Mary , after which the Presiding Officer will invite alternative nominations of elected members who are neither Ministers nor Assistant Ministers. If alternative nominations are made, a secret ballot will be held.

Two members of the States Employment Board

The States Employment Board is chaired by the Chief Minister, or by another Minister who is nominated by the Chief Minister to be Chairman in his place, and consists of 2 Ministers or Assistant Ministers appointed by the Chief Minister and 2 States members who are not Ministers or Assistant Ministers appointed by the States. The Chairman will nominate 2 members who are not Ministers or Assistant Ministers for these 2 positions. The Presiding Officer will invite alternative nominations and, if alternative nominations are made, a secret ballot or ballots will be held.

Two members of the Jersey Police Authority

The Jersey Police Authority consists of not less than 5 and not more than 7 members, up to 2 of whom are elected members of the States. The Presiding Officer will invite nominations for the position of member of the Police Authority. If there are more than 2 nominations, a secret ballot or ballots will be held. Article 5(6) of the States of Jersey Police Force Law 2012 stipulates that none of the following may be appointed as a member of the Police Authority –

  1. a police officer;
  2. a person who is a member of the Honorary Police;
  3. an office holder of a Crown appointment;
  4. the Minister or his or her Assistant Minister;
  5. a Connétable ;
  6. a States' employee;
  7. a person who is bankrupt, whether under the law of Jersey or under the law of a country or territory outside Jersey;
  8. a person who has been a police officer at any time during the previous 5 years; or
  9. a person who has been a member of the Honorary Police at any time during the previous 5 years.

In addition, it was recognised in 2014 (when the last such appointments were made) that serving on the Education and Home Affairs Scrutiny Panel could potentially constitute a conflict of interest with membership of the Jersey Police Authority.