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Order Paper 19th March 2018

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STATES OF JERSEY ORDER PAPER

MONDAY 19th MARCH 2018

SUMMARY

2.45 p.m.  Communications by the Presiding Officer and other announcements Appointments, matters of privilege, petitions (if any)

Approx. 2.55 p.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 External Relations two Ministers  Chief Minister

Statements (if any)

-----------------------------------------------

20th March 2018  Draft Criminal Procedure (Jersey) Law 201- (P.118/2017) 9.30 a.m.

Note: The 2nd reading of the Draft Law will resume, following adoption of the principles on 16th January 2018 and the subsequent referral to the Education and Home Affairs Scrutiny Panel.

Draft  Criminal  Procedure  (Jersey)  Law  201-  (P.118/2017): amendment (P.118/2017 Amd.)

Draft Criminal Procedure (Jersey) Law 201- (P.118/2017): second amendment (P.118/2017 Amd.(2))

Draft  Machinery  of  Government  (Miscellaneous  Amendments) (Jersey) Law 201- (P.1/2018)

Note: The 2nd reading of the Draft Law will resume, following adoption of the principles on 21st February 2018 and the subsequent referral to the Corporate Services Scrutiny Panel.

Draft  Machinery  of  Government  (Miscellaneous  Amendments) (Jersey) Law 201- (P.1/2018): amendment (P.1/2018 Amd.)

Draft  Machinery  of  Government  (Miscellaneous  Amendments) (Jersey) Law 201- (P.1/2018): second amendment (P.1/2018 Amd.(2))

Draft  Machinery  of  Government  (Miscellaneous  Amendments) (Jersey) Law 201- (P.1/2018): second amendment (P.1/2018 Amd.(2)) – amendment (P.1/2018 Amd.(2)Amd.)

Draft Sexual Offences (Jersey) Law 201- (P.18/2018)

Draft Sexual Offences (Jersey) Law 201- (P.18/2018): amendment (P.18/2018 Amd.)

Draft Sexual Offences (Jersey) Law 201- (P.18/2018): second amendment (P.18/2018 Amd.(2))

Draft Sexual Offences (Jersey) Law 201- (P.18/2018): third amendment (P.18/2018 Amd.(3))

Family Friendly Policy: implementation (P.129/2017)

Family Friendly Policy: implementation (P.129/2017) – amendment (P.129/2017 Amd.)

Jersey Lifeboat Service: establishment of an independent lifeboat station – petition (P.7/2018)

Committee of Inquiry: actions taken by the R.N.L.I. and the Jersey Government which led to the removal of the All Weather Lifeboat (P.36/2018)

Note: Because of the requirement for a four-week lodging period the proposition lodged by Senator S.C. Ferguson cannot be debated before Wednesday 21st March 2018. The Senator has indicated that she will therefore seek the agreement of the Assembly to reduce the lodging period in order that this matter can be debated at the meeting.

Committee of Inquiry: actions taken by the R.N.L.I. and the Jersey Government which led to the removal of the All Weather Lifeboat (P.36/2018) – amendment (P.36/2018 Amd.)

Committee of Inquiry: actions taken by the R.N.L.I. and the Jersey Government which led to the removal of the All Weather Lifeboat (P.36/2018) – second amendment (P.36/2018 Amd.(2))

Assignment of a long lease (sale) of the Royal Yacht Al Fresco area by the States of Jersey Development Company: rescindment of Ministerial Decision (P.17/2018)

Draft Financial Services (Amendment of Law) (No. 5) (Jersey) Regulations 201- (P.19/2018)

Draft Discrimination (Disability) (Jersey) Regulations 201- (P.20/2018)

Draft Stamp Duties and Fees (Amendment) (Jersey) Law 201- (P.21/2018)

Draft Trusts (Amendment No. 7) (Jersey) Law 201- (P.23/2018)

Draft Export Control (Jersey) Law 2009 (Appointed Day) Act 201- (P.24/2018)

Draft Community Provisions (Exports of Dual-Use Items) (Revocation) (Jersey) Regulations 201- (P.25/2018)

Draft Financial Services Ombudsman (Disclosure of Information – Amendment of Law) (Jersey) Regulations 201- (P.26/2018)

Draft Employment (Amendment of Law) (No. 2) (Jersey) Regulations 201- (P.27/2018)

Draft Income Support (Amendment No. 17) (Jersey) Regulations 201- (P.28/2018)

Channel Islands Lottery: allocation of proceeds from 2017 (P.29/2018)

Draft Data Protection (Registration and Charges) (Jersey) Regulations 201- (P.30/2018)

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Chief Minister cannot be debated before Thursday 22nd March 2018. The Chief Minister 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.

Public Services Ombudsman: establishment of office (P.32/2018)

Jersey Overseas Aid Commission: appointment of non-States Commissioner (P.34/2018)

Draft Licensing (Amendment No. 19) (Jersey) Regulations 201- (P.49/2018)

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

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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.

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

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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.

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

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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.

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

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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. Draft Mental Health (Guardianship) (Jersey) Regulations 201- (P.46/2018)

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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.

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

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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.

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

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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.

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

Note: Because of the requirement for a four-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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.

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

Note: Because of the requirement for a four-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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 sittings

The Assembly will convene at 9.30 a.m. on 20th March 2018 to consider public business.

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

The Assembly has agreed it will sit up to 9.00 p.m., if necessary, to complete public business and will resume its meeting at 9.30 a.m. on Wednesday 21st, Thursday 22nd, Friday 23rd, Wednesday 28th and Thursday 29th March 2018, if necessary, meeting up to 9.00 p.m. on each of those days if required

STATES OF JERSEY ORDER PAPER

MONDAY 19th MARCH 2018 at 2.45 p.m.

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

Excise Duty (Relief and Drawback) (Amendment No. 7) (Jersey) Order 2018.  R&O.22/2018. Minister for Treasury and Resources.

EU Legislation (Sanctions – Belarus) (Amendment No. 3) (Jersey) Order 2018.  R&O.23/2018. Minister for External Relations.

  1. DOCUMENTS PRESENTED

Committee of Inquiry: actions taken by the R.N.L.I. and the Jersey Government P.36/2018. which led to the removal of the All Weather Lifeboat (P.36/2018) – addendum.  Add. Presented: 14th March 2018, Senator S.C. Ferguson.

Land Transactions under Standing Order 168(3) – R.23/2018.

  1. 28–30 The Parade, St. Helier – lease;
  2. Clubhouse forming part of the Jersey Croquet Club, Les Quennevais Sports

Centre, Les Quennevais, St. Brelade , JE3 8LZ – lease.

Presented: 8th March 2018, Minister for Infrastructure.

Registration  of  Births,  Deaths,  Marriages  and  Civil  Partnerships:  Annual R.24/2018. Statement 2017.

Presented: 8th March 2018, Minister for Home Affairs.

Living Today: Thinking Ahead – Part 2 Consultation results.  R.25/2018. Presented: 15th March 2018, Minister for Social Security.

Marriage and Civil Status (Jersey) Law (S.R.1/2018): response of the Chief  S.R.1/2018. Minister.  Res. Presented: 13th March 2018, Chief Minister.

Review of eGov – Follow-Up Report.  P.A.C.1/2018. Presented: 14th March 2018, Public Accounts Committee.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Draft Machinery of Government (Miscellaneous Amendments) (Jersey) Law P.1/2018. 201- (P.1/2018): second amendment (P.1/2018 Amd.(2)) – amendment.  Amd.(2). Lodged: 13th March 2018, Chairmen's Committee.  Amd.

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

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.

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

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

Lodged: 14th March 2018, Chief Minister.

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

  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.56/2018  1.  The Minister for Treasury and Resources will table an answer to a question asked by Senator

P.F.C. Ozouf regarding estimated and actual Income Tax receipts.

WQ.59/2018  2.  The Minister for Economic Development, Tourism, Sport and Culture will table an answer to

a question asked by Deputy J.A. Martin of St. Helier regarding operational subsidies paid to Serco.

WQ.60/2018  3.  The Chairman of the Privileges and Procedures Committee will table an answer to a question

asked by Deputy J.M. Maçon of St. Saviour regarding access by the Chief Executive to Morier House.

WQ.61/2018  4.  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.62/2018  5.  The Chairman of the Comité des Connétable s will table an answer to a question asked by the

Deputy of St. Ouen regarding the number of people transferred on to the Organ Donor Register. WQ.63/2018  6.  The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of

St. Helier regarding the tenancy agreement used by Andium Homes.

WQ.64/2018  7.  The Minister for Housing will table an answer to a question asked by Deputy G.P. Southern of

St. Helier regarding the forecast rental income and operating surplus of Andium Homes. WQ.65/2018  8.  The Minister for Education will table an answer to a question asked by the Deputy of St. John

regarding the Department's work in respect of nursery education funding.

WQ.66/2018  9.  The Minister for Education will table an answer to a question asked by the Deputy of St. John

regarding the Department's role in delivering the Food and Nutrition Strategy.

WQ.67/2018  10. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to

a question asked by the Deputy of St. John regarding the provision of a new skate park. WQ.68/2018  11. The Minister for Social Security will table an answer to a question asked by the Deputy of St.

John regarding a review of the Employment (Jersey) Law 2003.

  1. Oral Questions (120 minutes)

OQ.46/2018  1.   Deputy J.M. Maçon of St. Saviour will ask the following question of the Chief Minister –

"Further to the response to Written Question 104 of 2017, will the Chief Minister update members on what has happened with the investigation of actions of civil servants involved in the Jersey Innovation Fund; and will he explain whether any of the report of this investigation will be published and, if not, why not?"

OQ.47/2018  2.   Deputy J.A. Martin of St. Helier will ask the following question of the Minister for Economic

Development, Tourism, Sport and Culture –

"Will the Minister advise whether the agreement with Serco in respect of the swimming pool on the Waterfront comes to an end in 2022; will he further advise whether discussions to negotiate a new deal have started and, if so, who is leading those negotiations and, if they have not started, will the Minister explain why not?"

OQ.53/2018  3.  The Deputy of St. Ouen will ask the following question of the Chairman of the Comité des

Connétable s –

"What has been the outcome of the decision of the Comité des Connétable s to invite people to register as organ donors when completing a driving licence application?"

OQ.55/2018  4.   Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Economic

Development, Tourism, Sport and Culture –

"Will the Minister update members on the plans to relaunch the Jersey Aircraft Registry, including details on timeframe and budget?"

OQ.57/2018  5.   Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Health

and Social Services –

"Will the Minister advise what formal consultation, if any, he undertook with the staff of the General Hospital and Overdale as to whether the new hospital should be built on the existing Parade site; and if such consultation was undertaken, will he also inform members of the results?"

OQ.49/2018  6.  Senator S.C. Ferguson will ask the following question of the Minister for Treasury and

Resources –

"Further to the response to Written Question 1/2018, will the Minister, as shareholder representative, advise what assessment, if any, Ports of Jersey have undertaken of the appropriateness of Search and Rescue services being provided for commercial purposes outside the sea area for which they are intended to be available?"

OQ.54/2018  7.  The Connétable of St. Helier will ask the following question of the Minister for the

Environment –

"What progress, if any, has the Minister made in examining the feasibility of improved public access to the reclaimed land at La Collette, as agreed in the Island Plan?"

OQ.51/2018  8.   Deputy G.P. Southern of St. Helier will ask the following question of the Minister for

Housing –

"Is it the Minister's assessment that the use of Direct Debit payment guarantees that rents are paid, come what may; if so, will she use the powers granted to her over matters of policy to direct Andium Homes to change its tenancy agreement to allow weekly Direct Debit payments to be made, where appropriate, and if not why not?"

OQ.48/2018  9.   Deputy J.M. Maçon of St. Saviour will ask the following question of the Minister for

Education –

"Will the Minister explain why there has been no inflation-based uplift in the hourly rate paid from the Nursery Education Fund in the last four years; and will he further explain whether the lack of uplift in recent years is consistent with any agreement reached with private nurseries when the Fund was established?"

OQ.52/2018  10. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –

"Will the Chief Minister inform members what arrangements, if any, exist for the payment to victims of abuse of compensation arising from the findings of the Independent Jersey Care Inquiry following the election in May of this year and, in particular, will he advise whether such payments will depend on the current post-holder being Chief Minister?"

OQ.58/2018  11. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Home

Affairs –

"Will the Minister agree to take the necessary steps that would see the Jersey Police Complaints Authority evolve into an independent policy complaints authority, with its own investigating officers and which would not be reliant on the professional standards department of the States of Jersey Police undertaking investigations?"

OQ.50/2018  12. Senator S.C. Ferguson will ask the following question of the Minister for Home Affairs –

"Will the Minister advise whether the Fire and Rescue Service has been offered the donation of a new rib', or inshore boat, from the Royal National Lifeboat Institution; if so, will she explain whether the offer has been accepted and, if it has been accepted, why?"

OQ.56/2018  13. Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Housing –

"On average, what waiting times are Islanders currently facing to be housed in a 1-bedroom property when they are in the top band priority for the Housing Gateway?"

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

1st question period – Minister for External Relations

2nd question period – Chief Minister

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

(Consideration of Public Business to commence at 9.30 a.m. on Tuesday 20th March 2018)

Draft Criminal Procedure (Jersey) Law 201-.  P.118/2017. Lodged: 5th December 2017, Council of Ministers.

Note: The 2nd reading of the Draft Law will resume, following adoption of the principles on 16th January 2018 and the subsequent referral to the Education and Home Affairs Scrutiny Panel under Standing Order 72(1).

Draft Criminal Procedure (Jersey) Law 201- (P.118/2017): comments.  P.118/2017. Presented: 15th January 2017, Education and Home Affairs Scrutiny Panel.  Com.

Draft Criminal Procedure (Jersey) Law 201- (P.118/2017): amendment.  P.118/2017. Lodged: 6th March 2018, Education and Home Affairs Scrutiny Panel.  Amd.

Draft  Criminal  Procedure  (Jersey)  Law  201-  (P.118/2017):  second P.118/2017. amendment.  Amd.(2) Lodged: 6th March 2018, Minister for Home Affairs.

Draft Machinery of Government (Miscellaneous Amendments) (Jersey) Law P.1/2018. 201-.

Lodged: 8th January 2018, Chief Minister.

Note: The 2nd reading of the Draft Law will resume, following adoption of the principles on 21st February 2018 and the subsequent referral to the Corporate Services Scrutiny Panel under Standing Order 72(1).

Draft Machinery of Government (Miscellaneous Amendments) (Jersey) Law 201- P.1/2018. (P.1/2018): comments.  Com. Presented: 14th February 2018, Privileges and Procedures Committee.

Draft Machinery of Government (Miscellaneous Amendments) (Jersey) Law 201- P.1/2018. (P.1/2018): comments.  Com.(2) Presented: 19th February 2018, Chairmen's Committee.

Draft Machinery of Government (Miscellaneous Amendments) (Jersey) Law P.1/2018. 201- (P.1/2018): amendment.  Amd. Lodged: 6th March 2018, Senator Sir P.M. Bailhache .

Draft Machinery of Government (Miscellaneous Amendments) (Jersey) Law P.1/2018. 201- (P.1/2018): second amendment.  Amd.(2) Lodged: 6th March 2018, Chief Minister.

Draft Machinery of Government (Miscellaneous Amendments) (Jersey) Law P.1/2018. 201- (P.1/2018): second amendment (P.1/2018 Amd.(2)) – amendment.  Amd.(2). Lodged: 13th March 2018, Chairmen's Committee.  Amd.

Draft Sexual Offences (Jersey) Law 201-.  P.18/2018. Lodged: 26th January 2018, Minister for Home Affairs.

Draft Sexual Offences (Jersey) Law 201- (P.18/2018): amendment.  P.18/2018. Lodged: 6th March 2018, Education and Home Affairs Scrutiny Panel.  Amd.

Draft Sexual Offences (Jersey) Law 201- (P.18/2018): second amendment.  P.18/2018. Lodged: 6th March 2018, Education and Home Affairs Scrutiny Panel.  Amd.(2)

Draft Sexual Offences (Jersey) Law 201- (P.18/2018): third amendment.  P.18/2018. Lodged: 6th March 2018, Education and Home Affairs Scrutiny Panel.  Amd.(3)

Family Friendly Policy: implementation.  P.129/2017. Lodged: 29th December 2017, Deputy G.P. Southern of St. Helier .

Family Friendly Policy: implementation (P.129/2017) – amendment.  P.129/2017. Lodged: 13th February 2018, Minister for Social Security.  Amd.

Jersey Lifeboat Service: establishment of an independent lifeboat station – P.7/2018. petition.

Lodged: 16th January 2018, Senator S.C. Ferguson.

Committee  of  Inquiry:  actions  taken  by  the  R.N.L.I.  and  the  Jersey P.36/2018. Government which led to the removal of the All Weather Lifeboat.

Lodged: 21st February 2018, Senator S.C. Ferguson.

Note: Because of the requirement for a four-week lodging period the proposition lodged by Senator S.C. Ferguson cannot be debated before Wednesday 21st March 2018. The Senator has indicated that she 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.

Committee of Inquiry: actions taken by the R.N.L.I. and the Jersey Government P.36/2018. which led to the removal of the All Weather Lifeboat (P.36/2018) – addendum.  Add. Presented: 14th March 2018, Senator S.C. Ferguson.

Committee  of  Inquiry:  actions  taken  by  the  R.N.L.I.  and  the  Jersey P.36/2018. Government  which  led  to  the  removal  of  the  All  Weather  Lifeboat  Amd. (P.36/2018) – amendment.

Lodged: 26th February 2018, Senator S.C. Ferguson.

Committee  of  Inquiry:  actions  taken  by  the  R.N.L.I.  and  the  Jersey P.36/2018. Government  which  led  to  the  removal  of  the  All  Weather  Lifeboat  Amd.(2). (P.36/2018) – second amendment.

Lodged: 27th February 2018, Senator Sir P.M. Bailhache .

Assignment of a long lease (sale) of the Royal Yacht Al Fresco area by the P.17/2018. States of Jersey Development Company: rescindment of Ministerial Decision.

Lodged: 26th January 2018, Connétable of St. John .

Draft Financial Services (Amendment of Law) (No. 5) (Jersey) Regulations P.19/2018. 201-.

Lodged: 29th January 2018, Chief Minister.

Draft Discrimination (Disability) (Jersey) Regulations 201-.  P.20/2018. Lodged: 30th January 2018, Minister for Social Security.

Draft Stamp Duties and Fees (Amendment) (Jersey) Law 201-.  P.21/2018. Lodged: 31st January 2018, Minister for Treasury and Resources.

Draft Trusts (Amendment No. 7) (Jersey) Law 201-.  P.23/2018. Lodged: 5th February 2018, Chief Minister.

Draft Export Control (Jersey) Law 2009 (Appointed Day) Act 201-.  P.24/2018. Lodged: 6th February 2018, Minister for Home Affairs.

Draft  Community  Provisions  (Exports  of  Dual-Use  Items)  (Revocation) P.25/2018. (Jersey) Regulations 201-.

Lodged: 6th February 2018, Minister for Home Affairs.

Draft  Financial  Services  Ombudsman  (Disclosure  of  Information – P.26/2018. Amendment of Law) (Jersey) Regulations 201-.

Lodged: 6th February 2018, Minister for Economic Development, Tourism, Sport

and Culture.

Draft Employment (Amendment of Law) (No. 2) (Jersey) Regulations 201-.  P.27/2018. Lodged: 6th February 2018, Minister for Social Security.

Draft Income Support (Amendment No. 17) (Jersey) Regulations 201-.  P.28/2018. Lodged: 6th February 2018, Minister for Social Security.

Channel Islands Lottery: allocation of proceeds from 2017.  P.29/2018. Lodged: 6th February 2018, Minister for Economic Development, Tourism, Sport

and Culture.

Draft Data Protection (Registration and Charges) (Jersey) Regulations 201-.  P.30/2018. Lodged: 8th February 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 Thursday 22nd March 2018. The Chief Minister 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.

Public Services Ombudsman: establishment of office. P.32/2018. Lodged: 12th February 2018, Senator P.F.C. Ozouf .

Jersey Overseas Aid Commission: appointment of non-States Commissioner.  P.34/2018. Lodged: 16th February 2018, Deputy of Grouville .

Draft Licensing (Amendment No. 19) (Jersey) Regulations 201-.  P.49/2018. Lodged: 27th February 2018, Minister for Economic Development, Tourism, Sport

and Culture.

Draft Capacity and Self-Determination (Amendment) (Jersey) Law 201-.  P.42/2018. Lodged: 27th February 2018, Minister for Health and Social Services.

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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.

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.

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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.

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

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

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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.

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.

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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.

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

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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. Draft  Mental  Health  (Independent  Mental  Health  Advocates)  (Jersey) P.47/2018. Regulations 201-.

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

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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.

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.

Note: Because of the requirement for a six-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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.

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.

Note: Because of the requirement for a four-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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.

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

Note: Because of the requirement for a four-week lodging period the proposition lodged by the Minister for Health and Social Services cannot be debated before Tuesday 10th April 2018. The Minister 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.

  1. ARRANGEMENT OF PUBLIC BUSINESS 9th April 2018

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

Banning the sale, importation and use of products containing glyphosate: P.35/2018. petition.

Lodged: 20th February 2018, Deputy K.C. Lewis of St. Saviour .

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

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.

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

Lodged: 26th February 2018, Chief Minister.

Draft Access to Justice (Jersey) Law 201-. P.50/2018. Lodged: 27th February 2018, Chief Minister.

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.

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

Social Security Medical Appeal Tribunal: appointment of member.  P.53/2018. Lodged: 27th February 2018, Minister for Social Security.

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.

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 Human Transplantation and Anatomy (Jersey) Law 201-.  P.57/2018. Lodged: 27th February 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 .

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.

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 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 .

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.

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

Lodged: 14th March 2018, Chief Minister.

11th September 2018

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

DR. M. EGAN Greffier of the States

14th March 2018 Note –

In accordance with the meeting dates fixed for 2018 by the Privileges and Procedures Committee and the Assembly's agreement on 1st March 2018, this meeting will continue, if necessary, on Wednesday 21st, Thursday 22nd, Friday 23rd, Wednesday 28th and Thursday 29th March 2018, if necessary, meeting up to 9.00 p.m. on each of those days if required

Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)

R&O.22/2018.

Excise Duty (Relief and Drawback) (Amendment No. 7) (Jersey) Order 2018.

This Order sets out transitional rates of relief from vehicle emissions duty payable in respect of motor vehicles that are to be used exclusively as hire vehicles. These rates of relief apply from 1st January 2018 to 31st December 2018.

Article 1 defines "principal Order" as meaning the Excise Duty (Relief and Drawback) (Jersey) Order 2000.

Article 2 deletes a couple of spent provisions in Article 7 of the principal Order.

Article 3 inserts a new Article 8A into the principal Order. This new Article applies in respect of hire vehicles only, for a transitional period between 1st January 2018 and 31st December 2018, and allows a specified percentage of relief from the 2018 rates of vehicle emissions duty (as introduced by P.98/2017) payable in respect of motor vehicles under Table 1 in paragraph 8(4) of Part 2 to Schedule 1 to the Customs and Excise (Jersey) Law 1999. The effect of the relief is that in the context of hire vehicles imported within the transitional period, the duty payable will equate to the rate of vehicle emissions duty that would have applied to any such vehicle had it been imported in 2017. Drawback of 50% of vehicle emissions duty paid (with the relief applied under new Article 8A) is also allowed in respect of hire vehicles imported within the transitional period, if within 6 months of the date on which the vehicles are required to be registered, they are exported or destroyed whilst under customs control.

Article 4 provides for the title by which this Order may be cited and for it to come into force on the day after it is made.

The Order was made on 12th March 2018 and came into force on 13th March 2018.

R&O.23/2018.

EU Legislation (Sanctions – Belarus) (Amendment No. 3) (Jersey) Order 2018.

This Order amends the EU Legislation (Sanctions – Belarus) (Jersey) Order 2015 to give effect in Jersey to the amendments made to Council Regulation (EC) No 765/2006 of 18 May 2006 (OJ L 134, 20.5.2006, p. 1) by Council Regulation (EU) 2018/275 of 23 February 2018 (OJ L 54, 24.2.2018, p. 3), concerning restrictive measures in respect of Belarus. Those amendments came into effect on 24th February 2018 and their effect is to provide for derogations from the export ban on certain types of small-calibre sporting rifles, small-calibre sporting pistols and small-calibre ammunition, and from the ban on assistance or services related thereto, while recognising that the export of such equipment should be limited.

The Order was made on 13th March 2018 and came into force on 14th March 2018.

WRITTEN QUESTIONS (See Item I(a))

  1. The Minister for Treasury and Resources will table an answer to the following question asked by Senator P.F.C. Ozouf

"Will the Minister provide a table showing the actual Income Tax received in each of the years 2015, 2016 and 2017 alongside the estimated income for each of those years as published in the preceding budget statement?"

  1. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Deputy J.A. Martin of St. Helier

"In relation to the running of the AquaSplash swimming pool on the Waterfront, will the Minister –

  1. advise how much has been paid to Serco in operational subsidies in each year since 2001, indicating in which years the agreement with Serco was revised;
  2. advise whether or not these figures include a £100,000-a-year maintenance grant, or whether such a grant has been paid in addition to the operational subsidy, and whether or not the whole of this maintenance grant has been spent in each of the years listed; and
  3. indicate what work, if any, he has undertaken to confirm that this is an effective use of public money?"
  1. The Chairman of the Privileges and Procedures Committee will table an answer to the following question asked by Deputy J.M. Maçon of St. Saviour

"Will the Chairman advise whether or not the new Chief Executive has been granted full access to Morier House and, if so, will he explain how the independence of the States Greffe (including the Scrutiny Office) will be maintained; and will he state what assessment, if any, was undertaken by the Committee before access was granted?"

  1. The Minister for External Relations will table an answer to the following question asked by Deputy L.M.C. Doublet of St. Saviour

"Further to the answer to Written Question 1(594), answered on 14th November 2017, on the Convention on the Elimination of Discrimination Against Women (CEDAW)

  1. what matters are being considered in deciding whether CEDAW should be extended to Jersey;  
  2. on what dates has the Minister or officials from his Department taken part in meetings to discuss extending CEDAW to Jersey;
  3. will the Minister release the minutes of such meetings, if any, and papers or presentations discussed at such meetings; and
  4. when does the Minister expect that the Government's consideration of extension will be concluded?"
  1. The Chairman of the Comité des Connétable s will table an answer to the following question asked by the Deputy of St. Ouen

"Since the introduction of driving licence application forms which provide applicants with an option to join the Organ Donor Register, how many applicants have indicated they wish to take up that option and how many of those have been transferred onto the Register?"

  1. The Minister for Housing will table an answer to the following question asked by Deputy G.P. Southern of St. Helier

"Given that the standard form of tenancy agreement used by Andium Homes since 1st January 2017 requires the payment of rent monthly, in advance and by Direct Debit, will the Minister –

  1. advise what assessment, if any, has been undertaken to determine whether this form of agreement is appropriate for all tenants or whether such an agreement requires some tenants to borrow or to rely on Income Support, thereby compounding debt problems facing these tenants; and
  2. agree to direct Andium Homes to change its standard tenancy agreement to allow for weekly Direct Debit payments and, if not, will she explain why not?"
  1. The Minister for Housing will table an answer to the following question asked by Deputy G.P. Southern of St. Helier

"Notwithstanding the response to Written Question 53/2018, and further to the Statement of Comprehensive Income presented on page 25 of Andium Homes: Annual Report 2016' (R.78/2017), will the Minister

  1. inform members of the projected figures for total rental income in each year from 2017 to 2021 and break down the projected increases in rental income in each year to show how much of each increase is due to the:
  • Increase in the number of properties;
  • Increase in rents by RPI + 0.75%; and
  • Increase in the number of tenancies with rents at 90% of private rental levels; and
  1. provide projections for each of the years from 2017 to 2021 for the following matters:
  • Operating Surplus before the return to the Guarantor, depreciation and impairment;
  • Return to the Guarantor; and
  • Operating Surplus before depreciation and impairment?"
  1. The Minister for Education will table an answer to the following question asked by the Deputy of St. John

"Following the Review of Early Childhood Education in Jersey, will the Minister provide an update on the Department's position in respect of nursery education funding and will he state what work is now being carried out and what potential solutions are being worked on to support early years provision and the private nursery sector?"

  1. The Minister for Education will table an answer to the following question asked by the Deputy of St. John

"Further to the publication of A Food and Nutrition Strategy for Jersey 2017 – 2022' (R.85/2017) by the Strategic Public Health Unit, will the Minister advise what role his Department plays in ensuring that children (particularly at primary school) are given the opportunity to learn about, and engage with, food and nutrition at an early stage; and will he further advise what funding (capital and revenue), if any, is being provided from his Department to support a collaborative and cross-cutting approach to this initiative and to ensure proper delivery of the strategy?"

  1. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by the Deputy of St. John

"Further to recent developments in respect of the skate park and the public meeting held at the Town Hall , will the Minister advise what the Government's position is on providing a new skate park; whether any funding has been allocated for this initiative; and whether an appropriate and accessible area has been identified?"

  1. The Minister for Social Security will table an answer to the following question asked by the Deputy of St. John

"Will the Minister advise whether she intends to undertake a full-scale review to assess the appropriateness and functionality of the Employment (Jersey) Law 2003; if so, will she advise what prospective challenges for employers and employees such a review will seek to address; and if not, will she undertake to implement such a review?"

ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))

Questions without notice 2018

1st Session 2018

April 9th  Social Security  Home Affairs

June 26th  Infrastructure  Chief Minister July 10th  Health and Social Services  Education

2nd Session 2018

September 11th  Economic  Development,  Tourism,  Chief Minister

Sport and Culture

September 25th  Housing  Treasury and Resources October 9th  Environment  Chief Minister

October 23rd  External Relations  Social Security November 6th  Home Affairs  Chief Minister

November 20th  Infrastructure  Health and Social Services December 4th  Education  Chief Minister