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Consolidated Order Paper 9th April 2018

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STATES OF JERSEY ORDER PAPER

MONDAY 9th APRIL 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

  • Connétable of St. Peter to the Minister for the Environment (To be taken on Tuesday 10th April 2018)

Up to 30 minutes,  Oral questions without notice: divided between the  Minister for Social Security two Ministers  Minister for Home Affairs

Statements

  • Chairman  of  Health  and  Social  Security  Scrutiny  Panel regarding the Panel's report, The Long-Term Care Scheme' (S.R.4/2018).
  • Chief Minister regarding implementation of United Nations Convention on the Rights of the Child: Compliance of Draft Laws and Training of States of Jersey Employees' (P.63/2017).

Approx. 11.15 a.m.  Higher Education funding proposal (P.33/2018)

Future  Hospital:  Review  of  proposed  site  location  and  costs (P.37/2018)

Immigration (Biometric Registration) (Jersey) Order 2018: extension to Jersey by Order in Council (P.41/2018)

Income Support Medical Appeal Tribunal: appointment of member (P.52/2018)

Social Security Medical Appeal Tribunal: appointment of member (P.53/2018)

Draft Capacity and Self-Determination (Amendment) (Jersey) Law 201- (P.42/2018)

Draft  Capacity  and  Self-Determination  (Capacity  and  Liberty – Assessors) (Jersey) Regulations 201- (P.43/2018)

Draft  Capacity  and  Self-Determination  (Independent  Capacity Advocates) (Jersey) Regulations 201- (P.44/2018)

Draft Capacity and Self-Determination (Supervision of Delegates etc.) (Jersey) Regulations 201- (P.45/2018)

Draft Mental Health (Guardianship) (Jersey) Regulations 201- (P.46/2018)

Draft Mental Health (Independent Mental Health Advocates) (Jersey) Regulations 201- (P.47/2018)

Draft Mental Health and Capacity (Consequential Amendment and Transitional Provision) (Jersey) Regulations 201- (P.48/2018)

Code of Practice for Engagement between Scrutiny Panels and the Public Accounts Committee' and the Executive' (P.56/2018)

Draft States of Jersey (Powers, Privileges and Immunities) (Scrutiny panels etc.) (Amendment No. 2) (Jersey) Regulations 201- (P.51/2018)

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

Draft Forfeiture of Assets (Civil Proceedings) (Jersey) Law 201- (P.55/2018)

Draft Human Transplantation and Anatomy (Jersey) Law 201- (P.57/2018)

Draft Human Transplantation and Anatomy (Jersey) Law 201- (P.57/2018): amendment (P.57/2018 Amd.)

Retail tax: rescindment of States' decision (P.62/2018)

Draft Capacity and Self-Determination (Jersey) Law 2016 (Appointed Day) Act 201- (P.65/2018)

Draft Mental Health (Jersey) Law 2016 (Appointed Day) Act 201- (P.66/2018)

Jersey Consumer Council: appointment of Chairman (P.67/2018)

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

Note: Because of the requirement for a four-week lodging period the proposition lodged by Deputy Higgins cannot be debated before Wednesday 11th April 2018. The Deputy has indicated that he will therefore seek the agreement of the Assembly to reduce the lodging period in order that this matter can be debated at the meeting.

Arrangement of public business at subsequent meetings

Lunch adjournment likely around 12.45 p.m., until 2.15 p.m.

The Assembly has agreed it will sit up to 8.00 p.m., if necessary, to complete public business and will resume its meeting at 9.30 a.m. on Tuesday 10th April 2018, if necessary, and will sit up to 6.30 p.m. on that day

STATES OF JERSEY ORDER PAPER

MONDAY 9th APRIL 2018 CONSOLIDATED

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

Road Works (Specified Road Works) (Jersey) Order 2018.  R&O.24/2018. Minister for Infrastructure.

EU Legislation (Sanctions – North Korea) (Amendment No. 2) (Jersey) Order R&O.34/2018. 2018.

Minister for External Relations.

EU Legislation (Sanctions – Central African Republic) (Amendment No. 4) R&O.35/2018. (Jersey) Order 2018.

Minister for External Relations.

Road Traffic (Public Parking Places – Charges) (Amendment No. 2) (Jersey) R&O.37/2018. Order 2018.

Minister for Infrastructure.

Motor Traffic (Taxi-Cabs – General) (Amendment No. 2) (Jersey) Order 2018.  R&O.38/2018. Minister for Infrastructure.

Road Traffic (Public Parking Places) (Amendment No. 13) (Jersey) Order R&O.39/2018. 2018.

Minister for Infrastructure.

Road Traffic (Speed Limits) (Amendment No. 10) (Jersey) Order 2018.  R&O.40/2018. Minister for Infrastructure.

Petty Debts Court Rules 2018.  R&O.41/2018. Superior Number of the Royal Court.

Royal Court (Amendment No. 22) Rules 2018.  R&O.42/2018. Superior Number of the Royal Court.

  1. DOCUMENTS PRESENTED

* Future Hospital: Review of proposed site location and costs (P.37/2018) –  P.37/2018. comments.  Com. Presented: 6th April 2018, Council of Ministers.

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.

* DP.46/201raft Me8, P.47ntal Hea/2018,lth leg P.48islat/i2018on (P.42): com/201ment8, P.43s. /2018, P.44/2018, P.45/2018,  tP.42/201hrough t8o Presented: 6th April 2018, Health and Social Security Scrutiny Panel.  P.48/2018.

Com.

* Retail tax: rescindment of States' decision (P.62/2018) – comments.  P.62/2018. Presented: 6th April 2018, Council of Ministers.  Com.

* La Rspeed outlime ide St (P.68t. A/2018ubin:) i–nsctomallatmienton os.f Pedestrian Crossings and reduction of  P.68/201Com8.. Presented: 6th April 2018, Minister for Infrastructure.

Election observers.  R.33/2018. Presented: 26th March 2018, Privileges and Procedures Committee.

Public Lotteries: report for 2017.  R.34/2018. Presented: 27th March 2018, Minister for Economic Development, Tourism,

Sport and Culture.

Jersey  Electricity:  Report  and  Accounts  2016 –  Investment  to  Power  a R.35/2018. Sustainable Future.

Presented: 27th March 2018, Minister for Treasury and Resources.

Jersey Electricity: Report and Accounts 2017 – Powering a Clean Low Carbon R.36/2018. Future.

Presented: 27th March 2018, Minister for Treasury and Resources.

Accounting Standards to be adopted for the States of Jersey's Annual Financial R.37/2018. Statements 2017.

Presented: 28th March 2018, Minister for Treasury and Resources.

Data Protection Authority: appointment of Chairman.  R.38/2018. Presented: 28th March 2018, Chief Minister.

Jersey Employment and Discrimination Tribunal: Annual Report 2017.  R.39/2018. Presented: 28th March 2018, Minister for Social Security.

Jersey  Advisory  and  Conciliation  Service:  Board  Members'  Report  and R.40/2018. Financial Statements for the year ended 31st December 2017.

Presented: 28th March 2018, Minister for Social Security.

Land Transactions under Standing Order 168(3) – Commercial Vehicle Site, R.41/2018. La Collette, St. Helier – proposed 9-year lease.

Presented: 4th April 2018, Minister for Infrastructure.

Control of Housing and Work (Jersey) Law 2012: Residential and Employment  R.42/2018. Status – Policy Guidance – March 2018.

Presented: 5th April 2018, Chief Minister.

* Commissioner for Standards: Investigation of Complaint of breaches of the  R.43/2018. Code of Conduct for Elected Members by Senator A.K.F. Green, M.B.E. and

Deputy E.J. Noel of St. Lawrence .

Presented: 6th April 2018, Privileges and Procedures Committee.

* Cofom Condumissctionerfor EforlecSttedand Meardms:berInvs byesti Dgatepuion tyo Rf C.Gom. Bplryansaint ooff St.breaHch elofiert.he Code  R.44/2018. Presented: 6th April 2018, Privileges and Procedures Committee.

* States of Jersey Complaints Board: findings – complaint by Mr. X against the  R.45/2018. Minister for Education and the States Employment Board regarding the way

in which a referral to the Disclosure and Barring Service was handled,

following his dismissal from the Youth Service.

Presented: 9th April 2018, Privileges and Procedures Committee.

Organ Donation Review.  S.R.3/2018. Presented: 27th March 2018, Health and Social Security Scrutiny Panel.

The Long-Term Care Scheme.  S.R.4/2018. Presented: 28th March 2018, Health and Social Security Scrutiny Panel.

Tertiary Education: Student Finance Proposals.  S.R.5/2018. Presented: 29th March 2018, Education and Home Affairs Scrutiny Panel.

* Future Hospital Project Follow-up Report.  S.R.6/2018. Presented: 9th April 2018, Chairmen's Committee.

* MiPregseratntieon Pd: 9olth Aicyp. ril 2018, Corporate Services Scrutiny Panel.  S.R.7/2018.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Draft Human Transplantation and Anatomy (Jersey) Law 201- (P.57/2018): P.57/2018. amendment.  Amd. Lodged: 27th March 2018, Minister for Health and Social Services.

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

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.

  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 Financial Services Commission (Amendment No. 7) (Jersey) Law 201-. P.63/2018. Lodged: 13th March 2018, Chief Minister.

Draft Proceeds of Crime (Amendment No. 3) (Jersey) Law 201-.  P.64/2018. Lodged: 13th March 2018, Chief Minister.

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

WQ.69/2018  1.  The Minister for Education will table an answer to a question asked by Deputy J.M. Maçon of

St. Saviour regarding the Nursery Education Fund.

WQ.70/2018  2.  The Minister for Infrastructure will table an answer to a question asked by the Connétable of

St. Helier regarding the letting of Warwick Farm.

WQ.71/2018  3.  The Minister for External Relations will table an answer to a question asked by Deputy L.M.C.

Doublet of St. Saviour regarding the Convention on the Elimination of Discrimination Against Women.

WQ.72/2018  4.  The Chairman of the States Employment Board will table an answer to a question asked by

Deputy L.M.C. Doublet of St. Saviour regarding public sector pay for men and women. WQ.73/2018  5.  The Minister for Education will table an answer to a question asked by Deputy M.R. Higgins

of St. Helier regarding the education of carers in the Island who are children.

WQ.74/2018  6.  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 number and type of carers in the Island.

WQ.75/2018  7.  The Minister for Health and Social Services will table an answer to a question asked by Deputy

M.R. Higgins of St. Helier regarding policy in respect of primary care.

WQ.76/2018  8.  H.M. Attorney General will table an answer to a question asked by Senator P.F.C. Ozouf

regarding the appropriateness of introducing a Magnitsky Act' in Jersey.

WQ.77/2018  9.  The Minister for Treasury and Resources will table an answer to a question asked by Senator

P.F.C. Ozouf regarding the funding of the new hospital project.

WQ.78/2018  10. The Minister for Treasury and Resources will table an answer to a question asked by Senator

P.F.C. Ozouf regarding estimated Income Tax receipts for 2017.

WQ.79/2018  11. The Minister for Treasury and Resources will table an answer to a question asked by Senator

P.F.C. Ozouf regarding the taxation of mutual organisations.

  1. Oral Questions (120 minutes)

OQ.59/2018  1.  Senator S.C. Ferguson will ask the following question of the Minister for Treasury and

Resources –

"Why are the originals of the war-time currency designs by Edmund Blampied and the post- First World War cheque signed by Winston Churchill, currently held in the Cyril Le Marquand basement, not lent to Jersey Heritage for display to the public?"

OQ.63/2018  2.   Deputy K.C. Lewis of St. Saviour will ask the following question of the Minister for Economic

Development, Tourism, Sport and Culture –

"Given the Discrimination (Disability) Regulations will come into effect from September 2018, will the Minister be awarding grants to small businesses to help them upgrade their premises in order to comply with the Regulations?"

OQ.61/2018  3.   Deputy G.P. Southern of St. Helier will ask the following question of the Minister for

Education –

"Given the Government's commitment under the 1,001 Days programme to early intervention and care for children, will the Minister advise whether the J.E.L.L.Y club programme for under-threes was stopped at Easter, with four weeks' notice; and, if so, will he explain why?"

OQ.64/2018  4.  Senator P.F.C. Ozouf will ask the following question of the Chief Minister –

"Will the Chief Minister update the Assembly on the action being taken for an independent assessment of the Jersey Competition Regulatory Authority and when will the conclusions of this recently-announced review be publicly available?"

OQ.65/2018  5.  Senator P.F.C. Ozouf will ask the following question of the Minister for Economic

Development, Tourism, Sport and Culture –

"In light of the recent response from the international community to the Russian Federation, will the Minister advise whether any changes have been made to the way in which Locate Jersey deals with applications for high-value residency from so-called Russian oligarchs' and whether any safeguards have been put in place to ensure the Island's international reputation is protected?"

OQ.60/2018  6.  Senator S.C. Ferguson will ask the following question of the Chief Minister –

"How much information about individuals will the new Yoti app contain, including in relation to tracking, and how much of this information will be shared with the States?"

OQ.62/2018  7.   Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social

Security –

"Given that more than 70% of respondents to Living Today: Thinking Ahead Part 2' favoured increasing the length of time someone should pay contributions to become entitled to parental benefits, is it the Minister's assessment that implementing such an increase would worsen financial conditions for new parents and babies and will she explain how such a measure would be consistent with the 1,001 Days initiative?"

  1. – Questions to Ministers without notice (30 minutes) – 1st question period – Minister for Social Security 2nd question period – Minister for Home Affairs
  2. – Urgent Oral Questions

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

UOQ.1/2018  The Connétable of St. Peter will ask the following question of the Minister for the Environment –

"Following the refusal of the application for 65 First Time Buyer homes in St. Peter , would the Minister advise how many homes have been approved under Policy H5 since 2014, and, if none, will he undertake to review this Policy to ensure that it enables the future delivery of Parish led developments which provide homes which seek to maintain the vitality and viability of those Parishes?"

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

The Chairman of the Health and Social Security Scrutiny Panel will make a statement regarding the Panel's report, The Long-Term Care Scheme' (S.R.4/2018).

* The Chief Minister will make a statement regarding implementation of United Nations Convention on the Rights of the Child: Compliance of Draft Laws and Training of States of Jersey Employees' (P.63/2017).

  1. PUBLIC BUSINESS

Note: The propositions numbered P.52/2018, P.53/2018 and P.56/2018 have been re-ordered in the list of public business since publication of the Principal Order Paper with the agreement, in accordance with Standing Order 31(3)(a), of the proposers of the propositions affected by the re- ordering.

Higher Education funding proposal.  P.33/2018. Lodged: 15th February 2018, Council of Ministers.

Future Hospital: Review of proposed site location and costs.  P.37/2018. Lodged: 21st February 2018, Connétable of St. John .

* Future  Hospital:  Review  of  proposed  site  location  and  costs  (P.37/2018) –  P.37/2018. comments.  Com. Presented: 6th April 2018, Council of Ministers.

Immigration  (Biometric  Registration)  (Jersey)  Order  2018:  extension  to P.41/2018. Jersey by Order in Council.

Lodged: 26th February 2018, Chief Minister.

* Income Support Medical Appeal Tribunal: appointment of member.  P.52/2018. Lodged: 27th February 2018, Minister for Social Security.

* SociLodgaed:l Secu 27trih Febty Mruaedirycal 2018 App, Mealini Tstreir fbuonar Socl: appial Seointcurmientty.  of member.  P.53/2018. Draft Capacity and Self-Determination (Amendment) (Jersey) Law 201-.  P.42/2018.

Lodged: 27th February 2018, Minister for Health and Social Services.

* Draft Mental Health legislation (P.42/2018, P.43/2018, P.44/2018, P.45/2018,  P.42/2018 P.46/2018, P.47/2018, P.48/2018): comments.  through to Presented: 6th April 2018, Health and Social Security Scrutiny Panel.  P.48/2018. Com. Draft Capacity and Self-Determination (Capacity and Liberty – Assessors) P.43/2018. (Jersey) Regulations 201-.

Lodged: 27th February 2018, Minister for Health and Social Services.

Draft Capacity and Self-Determination (Independent Capacity Advocates) P.44/2018. (Jersey) Regulations 201-.

Lodged: 27th February 2018, Minister for Health and Social Services.

Draft  Capacity  and  Self-Determination  (Supervision  of  Delegates  etc.) P.45/2018. (Jersey) Regulations 201-.

Lodged: 27th February 2018, Minister for Health and Social Services.

Draft Mental Health (Guardianship) (Jersey) Regulations 201-.  P.46/2018. Lodged: 27th February 2018, Minister for Health and Social Services.

Draft  Mental  Health  (Independent  Mental  Health  Advocates)  (Jersey) P.47/2018. Regulations 201-.

Lodged: 27th February 2018, Minister for Health and Social Services.

Draft  Mental  Health  and  Capacity  (Consequential  Amendment  and P.48/2018. Transitional Provision) (Jersey) Regulations 201-.

Lodged: 27th February 2018, Minister for Health and Social Services.

* Code of Practice for Engagement between Scrutiny Panels and the Public P.56/2018. Accounts Committee' and the Executive'.

Lodged: 27th February 2018, Chairmen's Committee.

Draft States of Jersey (Powers, Privileges and Immunities) (Scrutiny panels P.51/2018. etc.) (Amendment No. 2) (Jersey) Regulations 201-.

Lodged: 27th February 2018, Chairmen's Committee.

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

Lodged: 27th February 2018, Chief Minister.

Draft Forfeiture of Assets (Civil Proceedings) (Jersey) Law 201-.  P.55/2018. Lodged: 27th February 2018, Chief Minister.

Draft Human Transplantation and Anatomy (Jersey) Law 201-.  P.57/2018. Lodged: 27th February 2018, Minister for Health and Social Services.

Draft Human Transplantation and Anatomy (Jersey) Law 201- (P.57/2018):  P.57/2018. amendment.  Amd. Lodged: 27th March 2018, Minister for Health and Social Services.

Retail tax: rescindment of States' decision.  P.62/2018. Lodged: 12th March 2018, Senator P.F.C. Ozouf .

* Retail tax: rescindment of States' decision (P.62/2018) – comments.  P.62/2018. Presented: 6th April 2018, Council of Ministers.  Com.

Draft Capacity and Self-Determination (Jersey) Law 2016 (Appointed Day) P.65/2018. Act 201-.

Lodged: 13th March 2018, Minister for Health and Social Services.

Draft Mental Health (Jersey) Law 2016 (Appointed Day) Act 201-.  P.66/2018. Lodged: 13th March 2018, Minister for Health and Social Services.

Jersey Consumer Council: appointment of Chairman.  P.67/2018. Lodged: 13th March 2018, Minister for Economic Development, Tourism, Sport

and Culture.

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 .

Note: Because of the requirement for a four-week lodging period the proposition lodged by Deputy Higgins cannot be debated before Wednesday 11th April 2018. The Deputy has indicated that he will therefore seek 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.

* La Route de St. Aubin: installation of Pedestrian Crossings and reduction of speed limit (P.68/2018) – comments.

Presented: 6th April 2018, Minister for Infrastructure.

  1. ARRANGEMENT OF PUBLIC BUSINESS 26th June 2018

Jèrriais: optional use in the States Chamber.  P.4/2018. Lodged: 15th January 2018, Privileges and Procedures Committee.

Jèrriais: optional use in the States Chamber (P.4/2018) – amendment.  P.4/2018. Lodged: 25th January 2018, Deputy M. Tadier of St. Brelade .  Amd.

Jèrriais:  optional  use  in  the  States  Chamber  (P.4/2018) –  amendment P.4/2018. (P.4/2018 Amd.) – amendment.  Amd.Amd. Lodged: 27th February 2018, Privileges and Procedures Committee.

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

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 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.

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  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.

10th July 2018

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

11th September 2018

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

L.-M. HART Deputy Greffier of the States

6th April 2018 Note –

In accordance with the meeting dates fixed for 2018 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Tuesday 10th April 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 4th April 2018, or an item which has been altered or moved.