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STATES OF JERSEY ORDER PAPER
6th NOVEMBER 2018
SUMMARY
9.30 a.m. Communications by the Presiding Officer and other announcements
Appointments, matters of privilege, petitions
- Nomination of the Connétable of Trinity as a member of the Planning Committee.
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 Home Affairs two Ministers Chief Minister
Statements
- Minister for Education regarding the independent review of the head teacher appointment process at First Tower School.
Approx. 12.15 p.m. Importation of Waste for treatment in the Jersey Energy from Waste
plant (P.104/2018)
Importation of Waste for treatment in the Jersey Energy from Waste plant (P.104/2018): amendment (P.104/2018 Amd.)
Immigration (Biometric Information) (Jersey) Order 2018: extension to Jersey by Order in Council (P.105/2018)
Draft Sexual Offences (Consequential Amendments) (Jersey) Regulations 201- (P.106/2018)
Draft Marriage and Civil Status (Sexual Offences Amendment) (Jersey) Regulations 201- (P.107/2018)
Draft Sexual Offences (Jersey) Law 2018 (Appointed Day) Act 201- (P.108/2018)
Medicinal Cannabis: right to prescribe by medical professionals (P.113/2018)
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 7th and Thursday 8th November 2018 if necessary.
STATES OF JERSEY ORDER PAPER
6th NOVEMBER 2018 CONSOLIDATED
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
EU Legislation (Sanctions – Iraq) (Jersey) Order 2018. R&O.107/2018. Minister for External Relations.
* Mot2018.or Vehicles (Construction and Use) (Amendment No. 13) (Jersey) Order R&O.109/2018. Minister for Infrastructure.
- DOCUMENTS PRESENTED
Importation of Waste for treatment in the Jersey Energy from Waste plant P.104/2018. (P.104/2018): comments. Com. Presented: 30th October 2018, Minister for the Environment.
* Importation of Waste for treatment in the Jersey Energy from Waste plant P.104/2018. (P.104/2018): comments. Com.(2) Presented: 6th November 2018, Environment, Housing and Infrastructure
Scrutiny Panel.
* Importation of Waste for treatment in the Jersey Energy from Waste plant P.104/2018. (P.104/2018): amendment (P.104/2018 Amd.) – comments. Amd.Com. Presented: 5th November 2018, Minister for Infrastructure.
* Me(P.113dici/n2018al )C–annacombmisent: s.ri ght to prescribe by medical professionals P.113/20Com18.. Presented: 5th November 2018, Minister for Health and Social Services.
States of Jersey Law 2005: delegation of functions – Chief Minister – R.141/2018. Regulation of Care legislation – October 2018.
Presented: 25th October 2018, Chief Minister.
Land Transactions under Standing Order 168(3) – Belle Vue, St. Brelade – R.142/2018. proposed sale of minor parcel of land co-extensive with 7 Le Clos Emma.
Presented: 29th October 2018, Minister for Infrastructure.
- NOTIFICATION OF LODGED PROPOSITIONS
Importation of Waste for treatment in the Jersey Energy from Waste plant P.104/2018. (P.104/2018): amendment. Amd. Lodged: 24th October 2018, Connétable of St. Helier .
* Draft Road Traffic and Vehicles (Vienna Convention – Miscellaneous P.109/2018. Amendments) (Jersey) Regulations 201- (P.109/2018): amendment. Amd. Lodged: 6th November 2018, Environment, Housing and Infrastructure
Scrutiny Panel.
Draft Damages (Jersey) Law 201-. P.131/2018. Lodged: 24th October 2018, Chief Minister.
Draft Employment (Minimum Wage) (Amendment No. 15) (Jersey) P.133/2018. Regulations 201-.
Lodged: 26th October 2018, Minister for Social Security.
* D201raf-.t Air Navigation (Rules of the Air) (Amendment) (Jersey) Regulations P.136/2018. Lodged: 5th November 2018, Minister for External Relations.
- 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 –
Draft Taxation (Companies – Economic Substance) (Jersey) Law 201-. P.121/2018. Lodged: 23rd October 2018, Minister for External Relations.
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS Nomination of the Connétable of Trinity as a member of the Planning Committee.
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
WQ.228/2018 1. The Chairman of the States Employment Board will table an answer to a question asked by
Deputy J.M. Maçon of St. Saviour regarding key performance indicators for the Chief Executive Officer.
WQ.229/2018 2. The Minister for Education will table an answer to a question asked by Deputy J.H. Perchard
of St. Saviour regarding a breakdown of exam grades by subject and by gender.
WQ.230/2018 3. The Chairman of the States Employment Board will table an answer to a question asked by
Deputy J.H. Perchard of St. Saviour regarding equal pay for work of equal value within the public sector.
WQ.231/2018 4. The Chief Minister will table an answer to a question asked by Deputy J.H. Perchard of St.
Saviour regarding the composition of boards appointed by the States.
WQ.232/2018 5. 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 available for public sector pay awards in 2018. WQ.233/2018 6. The Minister for Home Affairs will table an answer to a question asked by Deputy R.J. Ward
of St. Helier regarding vacancies within uniform services.
WQ.234/2018 7. The Minister for the Environment will table an answer to a question asked by Deputy R.J.
Ward of St. Helier regarding carbon inequality.
WQ.235/2018 8. The Minister for Social Security will table an answer to a question asked by Deputy R.J. Ward
of St. Helier regarding Social Security staff on temporary and zero-hour contracts. WQ.236/2018 9. The Minister for Education will table an answer to a question asked by Deputy G.P. Southern
of St. Helier regarding cover arrangements for teacher absence.
WQ.237/2018 10. The Minister for Education will table an answer to a question asked by Deputy G.P. Southern
of St. Helier regarding vacancies within teaching staff.
WQ.238/2018 11. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St.
Helier regarding staff savings within the public sector.
WQ.239/2018 12. The Chairman of the States Employment Board will table an answer to a question asked by
Deputy G.P. Southern of St. Helier regarding the use of fixed-term contracts, zero-hour agreements and agency staff in the public sector.
WQ.240/2018 13. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St.
Helier regarding the reorganisation of the public sector.
WQ.241/2018 14. The Minister for Infrastructure will table an answer to a question asked by Deputy C.S. Alves
of St. Helier regarding unoccupied buildings within States of Jersey ownership.
WQ.242/2018 15. The Minister for Social Security will table an answer to a question asked by Deputy C.S. Alves
of St. Helier regarding measures to increase the level of the minimum wage.
WQ.243/2018 16. The Chairman of the States Employment Board will table an answer to a question asked by
Deputy C.S. Alves of St. Helier regarding arrangements for people leaving employment with the States of Jersey.
WQ.244/2018 17. H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of
St. Helier regarding unsuccessful prosecutions in the Magistrate's Court.
WQ.245/2018 18. H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of
St. Helier regarding studies into unsuccessful prosecutions in the Magistrate's Court. WQ.246/2018 19. The Minister for Home Affairs will table an answer to a question asked by Deputy M.R.
Higgins of St. Helier regarding the use of body cameras by officers of the States of Jersey
Police.
WQ.247/2018 20. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St.
Helier regarding applications for Entitled status under Regulation 2(1)(e) of the Control of
Housing and Work (Residential and Employment Statues) (Jersey) Regulations 2013. WQ.248/2018 21. The Chairman of the States Employment Board will table an answer to a question asked by
Deputy M.R. Higgins of St. Helier regarding investigations into employees in the public sector
arising from the work of the Independent Jersey Care Inquiry.
WQ.249/2018 22. The Minister for Social Security will table an answer to a question asked by Deputy C.S. Alves
of St. Helier regarding the safeguards in place when sanctions are imposed under the Income Support system.
- – Oral Questions (120 minutes)
OQ.173/2018 1. Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for
Children and Housing –
"Following the Minister's recent decision to limit rises in social housing rents, what measures, if any, is he investigating to improve the affordability of housing in the private sector?"
OQ.178/2018 2. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Health
and Social Services –
"Will the Minister publish the draft comments that he has prepared in relation to the proposition, P.113/2018, and if not, why not?"
OQ.175/2018 3. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for External
Relations –
"Will the Minister advise whether, by restricting the Economic Substance Law' (P.132/2018) to resident companies only, the Law will only apply to 13% of Jersey companies and not to those incorporated outside the Island and trading within it; and whether, if such companies' profits are not recorded, Jersey will have any means to assess whether such profits have local economic substance and thereby meet the Code of Conduct Group's test?"
OQ.176/2018 4. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for External
Relations –
"Given that the draft 2019 Budget states that the previous Council of Ministers supported additional recurring expenditure for 2016 to 2019 for the response and preparation in respect of Brexit, will the Minister advise how much of that funding has been spent to date and how much is allocated for spending to the end of 2019; and what the main areas of expenditure have been?"
OQ.167/2018 5. The Connétable of St. Martin will ask the following question of the Minister for the
Environment –
"Given that Jersey Electricity's website states that it is currently in discussion with the Environment Protection Department and Environmental Health over suitable emission limits for its plant, will the Minister detail what discussions have either taken place with Jersey Electricity or are planned; and will he state whether any exemptions for Jersey Electricity in respect of their emission levels are being considered?"
OQ.177/2018 6. Deputy S.M. Ahier of St. Helier will ask the following question of the Minister for
Infrastructure –
"Will the Minister advise the Assembly whether he will support Brighter Futures by providing premises for the organisation from Jersey Property Holdings' portfolio of unused properties?"
OQ.171/2018 7. Senator K.L. Moore will ask the following question of the Minister for Children and
Housing –
"Given that funding has not been forthcoming in the past to provide vital support services offering long-term improvements in outcomes for families at risk, and that this has resulted in a support programme being cut back by a community and voluntary sector provider, will the Minister assure the Assembly that a bid to expand such provision will be made as a matter of priority in the forthcoming Government plan?"
OQ.170/2018 8. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for Health
and Social Services –
"Following the response of the Department for Heath and Community Services to the report of the Comptroller and Auditor General on the Department's governance arrangements, will the Minister be undertaking a review of the provisions of P.82/2012 once the new HCS' board and committee structure is in place?"
OQ.166/2018 9. Deputy J.M. Maçon of St. Saviour will ask the following question of the Minister for Treasury
and Resources –
"Is it the Minister's assessment that the processes followed to decide the remuneration and benefits of high-ranking officers of arms-length bodies, or bodies of which the States is a major shareholder, are robust; and, if it is not, will she explain why not and what changes she would propose?"
OQ.183/2018 10. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for External
Relations –
"In relation to the Minister's proposals to meet the E.U.'s substance requirements for companies based in Jersey, will he explain whether these proposals have been discussed with E.U. officials and, if so, what their response to them has been?"
OQ.172/2018 11. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for
Economic Development, Tourism, Sport and Culture –
"Given figures from the Treasury show that Fort Regent has seen net expenditure over income of more than £800,000 in the last three years, will the Minister advise for how many years the Fort can remain functioning safely and economically on that basis in its current form?"
OQ.182/2018 12. Senator K.L. Moore will ask the following question of the Minister for Children and
Housing –
"When will the Objective Housing Needs Survey be published?"
OQ.181/2018 13. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for Treasury
and Resources –
"Will the Minister advise what growth bids have been submitted by the arms-length arts organisations (the Arts Centre, the Opera House and ArtHouse Jersey) for 2019 and, if such growth bids have been submitted, to what extent they will be met?"
OQ.174/2018 14. Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for
Education –
"With 111 males and 2 females currently studying computing at Highlands College, will the Minister advise the Assembly as to the measures she is taking, if any, to encourage young women to choose to study computing and thereby to ensure Jersey's future digital sector is representative of the Island's population and not dominated by men?"
OQ.180/2018 15. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for
Infrastructure –
"What feedback, if any, has the Minister had from the Jersey Taxi Drivers Association with regards to the recent changes made to the industry, including in relation to fares and charges for waiting times?"
OQ.184/2018 16. Deputy M.R. Higgins of St. Helier will ask the following question of the Chairman of the
States Employment Board –
"Will the Chairman update members on her recent meeting with union leaders and advise whether she has found any means of avoiding strike action by public sector workers?"
OQ.179/2018 17. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"Following the answer given by his Assistant Minister to Oral Question 161/2018, who understood' that members would see the measures proposed to save £30 million through productivity improvements and vacancy management before the 2019 Budget, will the Chief Minister publish his proposals today to allow detailed study by members before the scheduled debate and, if not, why not; and will he explain how those savings measures are sustainable?"
OQ.168/2018 18. The Connétable of St. Martin will ask the following question of the Minister for Health and
Social Services –
"Will the Minister inform members what efforts, if any, are being made to encourage registration for organ donation in Jersey; and will he also state what measures have been taken to work with those members of the public who signed up to Jersey Organ Donation when applying for a driving licence to ensure that their interest in registering is actioned?"
- – Questions to Ministers without notice (30 minutes) – 1st question period – Minister for Home Affairs
2nd question period – Chief Minister
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
The Minister for Education will make a statement regarding the independent review of the head teacher appointment process at First Tower School.
- PUBLIC BUSINESS
Importation of Waste for treatment in the Jersey Energy from Waste plant P.104/2018. (P.104/2018): comments. Com. Presented: 30th October 2018, Minister for the Environment.
* Importation of Waste for treatment in the Jersey Energy from Waste plant P.104/2018. (P.104/2018): comments. Com.(2) Presented: 6th November 2018, Environment, Housing and Infrastructure
Scrutiny Panel.
Importation of Waste for treatment in the Jersey Energy from Waste plant P.104/2018. (P.104/2018): amendment. Amd. Lodged: 24th October 2018, Connétable of St. Helier .
* I(mP.104port/at2018ion )o: famWendmaste entfor (P.104/20treatment18i n Amthd.)e J–e rcomsey mEnerents.g y from Waste plant P.104/20Amd.Co18.m. Presented: 5th November 2018, Minister for Infrastructure.
Immigration (Biometric Information) (Jersey) Order 2018: extension to P.105/2018. Jersey by Order in Council.
Lodged: 24th September 2018, Chief Minister.
Draft Sexual Offences (Consequential Amendments) (Jersey) Regulations P.106/2018. 201-.
Lodged: 24th September 2018, Minister for Home Affairs.
Draft Marriage and Civil Status (Sexual Offences Amendment) (Jersey) P.107/2018. Regulations 201-.
Lodged: 24th September 2018, Minister for Home Affairs.
* Medicinal Cannabis: right to prescribe by medical professionals (P.113/2018) – P.113/2018. comments. Com. Presented: 5th November 2018, Minister for Health and Social Services.
- ARRANGEMENT OF PUBLIC BUSINESS 20th November 2018
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.
Draft Road Traffic and Vehicles (Vienna Convention – Miscellaneous P.109/2018. Amendments) (Jersey) Regulations 201-.
Lodged: 26th September 2018, Minister for Infrastructure.
* Draft Road Traffic and Vehicles (Vienna Convention – Miscellaneous P.109/2018. Amendments) (Jersey) Regulations 201- (P.109/2018): amendment. Amd. Lodged: 6th November 2018, Environment, Housing and Infrastructure Scrutiny
Panel.
Draft Education (Provided Schools – Amendment of Law No. 2) (Jersey) P.111/2018. Regulations 201-.
Lodged: 3rd October 2018, Minister for Education.
Comptroller and Auditor General Board of Governance: appointment of P.115/2018. member.
Lodged: 12th October 2018, Chief Minister.
Parish of St. Martin : provision of a loan for the former St. Martin 's Primary P.117/2018. School redevelopment.
Lodged: 22nd October 2018, Minister for Treasury and Resources.
Compensation for Mesothelioma sufferers. P.124/2018. Lodged: 23rd October 2018, Deputy C.S. Alves of St. Helier .
4th December 2018
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
Lodged: 20th August 2018, Deputy S.M. Wickenden of St. Helier .
Ratification of the Agreement between the Government of Jersey and the P.116/2018. Government of the Republic of Mauritius for the avoidance of double
taxation and the prevention of fiscal evasion with respect to taxes on income.
Lodged: 19th October 2018, Minister for External Relations.
Draft Financial Services Ombudsman (Case-Fee, Levy and Budget – P.118/2018. Amendments) (Jersey) Regulations 201-.
Lodged: 22nd October 2018, Minister for Economic Development, Tourism, Sport
and Culture.
Draft Sanctions and Asset-Freezing (Jersey) Law 201-. P.119/2018. Lodged: 23rd October 2018, Minister for External Relations.
Draft EU Legislation (Customs Union, Import and Export Control) (Jersey) P.120/2018. Regulations 201-.
Lodged: 23rd October 2018, Minister for External Relations.
Draft Taxation (Agreements with European Union Member States) P.123/2018. (Revocation) (Jersey) Regulations 201-.
Lodged: 23rd October 2018, Minister for External Relations.
Draft Regulation of Care (Jersey) Law 2014 (Appointed Day) Act 201-. P.125/2018. Lodged: 23rd October 2018, Chief Minister.
Draft Regulation of Care (Regulated Activities) (Jersey) Regulations 201-. P.126/2018. Lodged: 23rd October 2018, Chief Minister.
Draft Regulation of Care (Standards and Requirements) (Jersey) P.127/2018. Regulations 201-.
Lodged: 23rd October 2018, Chief Minister.
Draft Regulation of Care (Transfer of Functions) (Jersey) Regulations 201-. P.128/2018. Lodged: 23rd October 2018, Chief Minister.
Draft Regulation of Care (Transitional and Transfer) (Jersey) Regulations P.129/2018. 201-.
Lodged: 23rd October 2018, Chief Minister.
Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Treasury and Resources cannot be debated before Wednesday 5th December 2018 without the agreement of the Assembly, under Standing Order 26(7), to reduce the lodging period in order that this matter can be debated at the meeting.
Draft Damages (Jersey) Law 201-. P.131/2018. Lodged: 24th October 2018, Chief Minister.
Note: Because of the requirement for a six-week lodging period the proposition lodged by the Chief Minister cannot be debated before Wednesday 5th December 2018 without the agreement of the Assembly, under Standing Order 26(7), to reduce the lodging period in order that this matter can be debated at the meeting.
Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for External Relations cannot be debated before Thursday 6th December 2018 without the agreement of the Assembly, under Standing Order 26(7), to reduce the lodging period in order that this matter can be debated at the meeting.
Draft Employment (Minimum Wage) (Amendment No. 15) (Jersey) P.133/2018. Regulations 201-.
Lodged: 26th October 2018, Minister for Social Security.
Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Social Security cannot be debated before Friday 7th December 2018 without the agreement of the Assembly, under Standing Order 26(7), to reduce the lodging period in order that this matter can be debated at the meeting.
15th January 2019
* D201ra-f.t Air Navigation (Rules of the Air) (Amendment) (Jersey) Regulations P.136/2018. Lodged: 5th November 2018, Minister for External Relations.
29th January 2019
Draft Revenue Administration (Jersey) Law 201-. P.122/2018. Lodged: 23rd October 2018, Minister for Treasury and Resources.
DR. M. EGAN Greffier of the States
5th November 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 7th and Thursday 8th November 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 1st November 2018, or an item which has been altered or moved.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.108/2018.
Employment (Minimum Wage) (Amendment No. 12) (Jersey) Order 2018.
This Order amends Article 2 of the Employment (Minimum Wage) (Jersey) Order 2007 to increase the minimum wage, with effect from 1st April 2019, to £7.88 per hour for employees other than trainees, £5.91 per hour for trainees in their first year, and £6.90 per hour for trainees in their second year; and to further increase the minimum wage, with effect from 1st October 2019, to £8.02 per hour for employees other than trainees, £6.02 per hour for trainees in their first year, and £7.02 per hour for trainees in their second year.
The Order was made on 2nd November 2018 and comes into force on 1st April 2019.
R&O.109/2018.
Motor Vehicles (Construction and Use) (Amendment No. 13) (Jersey) Order 2018.
This Order amends the Motor Vehicles (Construction and Use) (Jersey) Order 1998 to extend the requirement for annual examination and certificates of compliance to medium-sized goods vehicles.
The Order comes into force on 14th May 2019, but allows a one year period for compliance. The requirement to pass the examination (and display the certificate) does not apply to a medium-sized goods vehicle until it is first submitted for examination (by appointment with the Inspector of Motor Traffic), or 14th May 2020 (if it has not been submitted for examination by then).
The Order was made on 2nd November 2018 and comes into force on 14th May 2019.