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Consolidated Order Paper 9th October 2018

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STATES OF JERSEY ORDER PAPER

9th OCTOBER 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 (if any)

Up to 30 minutes,  Oral questions without notice:

divided between the  Minister for Children and Housing two Ministers  Chief Minister

Statements (if any)

Approx. 12.10 p.m.  Ratification of the Agreement between the Government of Jersey and

the 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 (P.97/2018)

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 10th and Thursday 11th October 2018 if necessary.

STATES OF JERSEY ORDER PAPER

9th OCTOBER 2018 CONSOLIDATED

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

Capacity and Self-Determination (Miscellaneous Provisions and Prescribed R&O.97/2018. Fees and Forms) (Jersey) Order 2018.

Minister for Health and Social Services.

Mental Health (Miscellaneous Provisions  and  Prescribed  Forms) (Jersey) R&O.98/2018. Order 2018.

Minister for Health and Social Services.

Mental Health and Capacity (Review Tribunal) (Procedure) (Jersey) Order  R&O.99/2018. 2018.

Minister for Health and Social Services.

Sea Fisheries (Bag Limits) (Amendment No. 3) (Jersey) Order 2018.  R&O.100/2018. Minister for the Environment.

Motor Traffic (Cabs – Fares and Charges) (Amendment) (Jersey) Order  R&O.101/2018. 2018.

Minister for Infrastructure.

  1. DOCUMENTS PRESENTED

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

planning applications relating to the property known as Broughton Lodge

Farm, St. Mary (R.111/2018) – response of the Minister for the Environment.

Presented: 8th October 2018, Minister for the Environment.

Jersey  Competition  Regulatory  Authority:  appointment  of  Non-Executive R.128/2018. Director.

Presented: 26th September 2018, Chief Minister.

States of Jersey Law 2005: delegation of functions – Minister for Children and  R.129/2018. Housing – housing-related legislation – October 2018.

Presented: 4th October 2018, Minister for Children and Housing.

* Common Strategic Policy 2018–22: Draft Indicative Programme for  R.130/2018. Government Plan 2020–23.

Presented: 9th October 2018, Council of Ministers.

Residential Property Transactions (S.R.2/2018): response of the Chief  S.R.2/2018. Minister.  Res. Presented: 27th September 2018, Chief Minister.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Draft  Road  Traffic  and  Vehicles  (Vienna  Convention –  Miscellaneous P.109/2018. Amendments) (Jersey) Regulations 201-.

Lodged: 26th September 2018, Minister for Infrastructure.

Proposed Common Strategic Policy 2018–22.  P.110/2018. Lodged: 3rd October 2018, Council of Ministers.

Draft Education (Provided Schools – Amendment of Law No. 2) (Jersey) P.111/2018. Regulations 201-.

Lodged: 3rd October 2018, Minister for Education.

Draft Motor Vehicles (Removal from Private Land) (Jersey) Law 201-.  P.112/2018. Lodged: 5th October 2018, Minister for Home Affairs.

* Medicinal Cannabis: right to prescribe by medical professionals.  P.113/2018. Lodged: 9th October 2018, Deputy M. Tadier of St. Brelade .

* DLodgraft Bed:udg9thet O Stctatobemerent2018, 2019M.i nister for Treasury and Resources.  P.114/2018.

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

WQ.157/2018  1.  The Chairman of the States Employment Board will table an answer to a question asked by

Deputy M.R. Le Hegarat of St. Helier regarding the One Gov' modernisation of the States of Jersey.

WQ.173/2018  2.  The Minister for the Environment will table an answer to a question asked by Deputy J.M.

Maçon of St. Saviour regarding the response to the Asian hornet threat to Jersey.

WQ.174/2018  3.  The Minister for Education will table an answer to a question asked by the Deputy of St. Peter

regarding the education of visually-impaired children.

WQ.175/2018  4.  The Assistant Minister for Education will table an answer to a question asked by Deputy R.J.

Ward of St. Helier regarding the funding of Higher Education students at University College Jersey.

WQ.176/2018  5.  The Minister for Treasury and Resources will table an answer to a question asked by Deputy

R.J. Ward of St. Helier regarding pay offers to the controlling executives of States-owned bodies.

WQ.177/2018  6.  The Minister for Economic Development, Tourism, Sport and Culture will table an answer to

a question asked by Deputy R.J. Ward of St. Helier regarding the return to States funds arising from the triathlon series brought to Jersey.

WQ.178/2018  7.  The Minister for Economic Development, Tourism, Sport and Culture will table an answer to

a question asked by Deputy R.J. Ward of St. Helier regarding busking licences.

WQ.179/2018  8.  The Chairman of the Comité des Connétable s will table an answer to a question asked by

Senator S.Y. Mézec regarding a workshop held in respect of recruitment to the Honorary Police.

WQ.181/2018  9.  The Minister for Education will table an answer to a question asked by Deputy G.P. Southern

of St. Helier regarding departmental funding of fee-paying schools.

WQ.182/2018  10. The Minister for Health and Social Services will table an answer to a question asked by Deputy

G.P. Southern of St. Helier regarding recruitment within mental health services.

WQ.183/2018  11. The Minister for Children and Housing will table an answer to a question asked by Deputy

G.P. Southern of St. Helier regarding a review of the policy underpinning the sale of social rented homes

WQ.184/2018  12. The Chairman of the States Employment Board will table an answer to a question asked by

Deputy C.S. Alves of St. Helier regarding the subsidising of rents for essential employees. WQ.185/2018  13. The Minister for Infrastructure will table an answer to a question asked by Deputy C.S. Alves

of St. Helier regarding the lease agreements for States-owned properties on the Waterfront. WQ.186/2018  14. The Minister for Education will table an answer to a question asked by Deputy C.S. Alves of

St. Helier regarding the provisions for students diagnosed with Autism.

WQ.187/2018  15. The Minister for Education will table an answer to a question asked by Deputy C.S. Alves of

St. Helier regarding the support for students who are home-schooled.

WQ.188/2018  16. H.M. Attorney General for will table an answer to a question asked by Senator S.C. Ferguson

regarding the constitutionality of the Bailiff ceasing to be President of the States. WQ.189/2018  17. The Chairman of the States Employment Board will table an answer to a question asked by

Deputy M.R. Le Hegarat of St. Helier regarding the recruitment of Director Generals. WQ.190/2018  18. The Minister for the Environment will table an answer to a question asked by Deputy M.

Tadier of St. Brelade regarding air quality in the Tunnel.

WQ.191/2018  19. The Minister for Education will table an answer to a question asked by Deputy M. Tadier of

St. Brelade regarding students taking GCSEs or A-Levels in modern foreign languages. WQ.192/2018  20. The Minister for Treasury and Resources will table an answer to a question asked by Deputy

G.P. Southern of St. Helier regarding parking permits on Andium Homes sites.

WQ.193/2018  21. The Chief Minister will table an answer to a question asked by Deputy M. Tadier of St.

Brelade regarding access to, and education in, French in the Island.

WQ.194/2018  22. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St.

Helier regarding the value for money of expenditure on communications.

WQ.195/2018  23. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St.

Helier regarding the survey of health staff in respect of the new hospital development.

WQ.196/2018  24. 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 grants and loans provided to arable farmers.

WQ.197/2018  25. 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 grants and loans provided to dairy farmers.

WQ.198/2018  26. 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 grants and loans to Woodside Farms.

  1. Oral Questions (120 minutes)

Note: Oral Question 152/2018, from Deputy M.R. Higgins of St. Helier , has been redirected since the Principal Order Paper was published.

OQ.152/2018  1.   Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Children

* and Housing –

"Given the commitment of the Council of Ministers to put children at the centre of everything we do in the States, why did Ministers or officers not agree earlier to a meeting with the lawyer representing children who had been sent to Les Chênes children's home?"

OQ.138/2018  2.   Deputy S.M. Ahier of St. Helier will ask the following question of the Minister for Health and

Social Services –

"Will the Minister advise whether there will be an inquiry into whether there was any lack of care, attention and treatment which resulted in the death of an elderly man at the Jersey General Hospital, as reported in the Jersey Evening Post on 21st September 2018, and will he further assure the Assembly that any recommendations arising from any such inquiry will be met with defined and measurable actions?"

OQ.136/2018  3.   Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Minister for

Health and Social Services –

"What was the process behind the decision not to fund a lead midwife with responsibility for breastfeeding and how does this fit in with the commitment of the new Council of Ministers to put children first?"

OQ.148/2018  4.  The Connétable of St. Helier will ask the following question of the Minister for Infrastructure –

"Further to the reply to my oral question on 18th July 2017, when the Minister's predecessor said that he would bring forward strategies to encourage travel by bicycle or on foot prior to the end of his term of office, will the Minister advise the Assembly when these strategies will be presented to the States?"

OQ.137/2018  5.   Deputy R. Labey of St. Helier will ask the following question of the Minister for Economic

Development, Tourism, Sport and Culture –

"Will the Chief Minister provide a progress report on implementation of the e-gov project's People's Directory, and advise what prospect there is of the People's Directory being in place within the next 2 years?"

OQ.142/2018  6.  The Deputy of St. John will ask the following question of the Chief Minister –

"Was an analysis of available parking and ease of accessibility conducted before the La Motte Street location was chosen as a single access point for Islanders who need to make personal contact with front-of-house services such as Social Security and the Taxes Office; and if such a study was conducted, what were the results?"

OQ.135/2018  7.  The Connétable of St. Ouen will ask the following question of the Chairman of the Privileges

and Procedures Committee –

"Does the Privileges and Procedures Committee intend to contribute to the working party established on the Bailiff 's role, in order to ensure that views from across the Chamber contribute to its work?"

OQ.134/2018  8.  Senator K.L. Moore will ask the following question of the Minister for Infrastructure –

"Will the Minister commit to providing a proper facility for breastfeeding mothers for both staff and members of the public in States-owned buildings such as sports centres, the hospital, the Customer and Local Services department and CAMHS?"

OQ.143/2018  9.   Deputy R.J. Ward of St. Helier will ask the following question of the Assistant Minister for

Education –

"Will the Assistant Minister confirm whether any additional monies from increased student fees for Higher Education courses at Highlands College this year only went directly to funding the costs of delivering Higher Education at the College?"

OQ.150/2018  10. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for

Economic Development, Tourism, Sport and Culture –

"What is the Minister's assessment of the finding in the Statistics Jersey report, Measuring Jersey's Economy 2017', that GDP per head of population has decreased in real terms and will he state what initiatives he has, if any, to address this and thereby to help improve the standard of living of residents?"

OQ.140/2018  11. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Chief Minister –

"Will the Chief Minister confirm how many charities have been officially registered by the Charity Commissioner; and will he advise whether any provision has been made for the Commissioner to be provided with extra resources to process anticipated applications?"

OQ.146/2018  12. Deputy M. Tadier of St. Brelade will ask the following question of the Minster for

Infrastructure –

"Further to the recent closure  of certain parts  of Fort Regent due to fears  of asbestos contamination, will the Minister confirm whether the facility is safe for the public and staff; and will he advise whether any other health hazards, including the presence of legionella, have been tested for recently; and, if so, what were the results?"

OQ.144/2018  13. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for Treasury

and Resources –

"Will the Minister confirm the amount of money available from the current M.T.F.P. for restructuring of the public sector; and will she advise how much of this has been spent and how much money is left of contingency funding for 2019?"

OQ.141/2018  14. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for Health

and Social Services –

"Given the recent report from the Comptroller and Auditor General on the governance arrangements for health and social care, in which she concluded that such arrangements were inadequate, will the Minister advise what measurable actions are being taken in response?"

OQ.153/2018  15. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Treasury

and Resources –

"Following her answers in the States on 23rd September 2018 regarding the de minimis level for goods imported into the Island and whether they are subject to G.S.T., will the Minister provide an update on whether she plans to bring in new proposals on this matter in the Budget?"

OQ.151/2018  16. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –

"What measures is the Chief Minister considering to improve productivity to reduce population pressures, as stated in the Proposed Common Strategic Policy 2018 2022 (P.110/2018)?"

OQ.147/2018  17. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Education –

"Will the Minister explain what policy underpins Article 19 of the Education (Jersey) Law 1999 in determining what constitutes an "act of worship" for the purposes of the law; and will she advise what enforcement of this Article is carried out, if any?"

OQ.149/2018  18. The Connétable of St. Helier will ask the following question of the Minister for Home Affairs –

"What assessment has the Minister made of whether Jersey is a safe place in which to live and whether there are sufficient police resources available to ensure public safety, especially in urban areas during the hours of darkness?"

OQ.139/2018  19. Deputy S.M. Ahier of St. Helier will ask the following question of the Minister for Health and

Social Services –

"Will the Minister inform the Assembly whether the Hospital has a recycling policy and, if not, will he assure members that such a policy will be introduced for the new hospital to insure that glass, plastic, cans and other recyclables are not put in with general waste?"

OQ.145/2018  20. Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Chief Minister –

"Further to announcements from the U.K. Prime Minister that legislation there will be changed to allow mixed-sex couples the option of having a civil partnership, what plans, if any, are there for such provision to be made in Jersey's legislation?"

  1. – Questions to Ministers without notice (30 minutes) – 1st question period – Minister for Children and Housing 2nd question period – Chief Minister
  1. PERSONAL STATEMENTS
  2. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
  3. PUBLIC BUSINESS

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.

  1. ARRANGEMENT OF PUBLIC BUSINESS 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.

6th November 2018

Draft Amendment (No. 37) of the Standing Orders of the States of Jersey.  P.103/2018. Lodged: 18th September 2018, Privileges and Procedures Committee.

Importation of Waste for treatment in the Jersey Energy from Waste plant.  P.104/2018. Lodged: 20th September 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.

Draft Sexual Offences (Jersey) Law 2018 (Appointed Day) Act 201-.  P.108/2018. Lodged: 24th September 2018, Minister for Home Affairs.

* Medicinal Cannabis: right to prescribe by medical professionals.  P.113/2018. Lodged: 9th October 2018, Deputy M. Tadier of St. Brelade .

20th November 2018

Draft  Road  Traffic  and  Vehicles  (Vienna  Convention –  Miscellaneous P.109/2018. Amendments) (Jersey) Regulations 201-.

Lodged: 26th September 2018, Minister for Infrastructure.

Proposed Common Strategic Policy 2018–22.  P.110/2018. Lodged: 3rd October 2018, Council of Ministers.

Draft Education (Provided Schools – Amendment of Law No. 2) (Jersey) P.111/2018. Regulations 201-.

Lodged: 3rd October 2018, Minister for Education.

Draft Motor Vehicles (Removal from Private Land) (Jersey) Law 201-.  P.112/2018. Lodged: 5th October 2018, Minister for Home Affairs.

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

Ministerial Decision.

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

* Draft Budget Statement 2019.  P.114/2018. Lodged: 9th October 2018, Minister for Treasury and Resources.

DR. M. EGAN Greffier of the States

8th October 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 10th and Thursday 11th October 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 October 2018, or an item which has been altered or moved.