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STATES OF JERSEY ORDER PAPER
2nd JULY 2019
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 Minister for Treasury and Resources
Statements
Minister for Children and Housing regarding the Citizen's Panel
Approx. 11.45 a.m. Establishment of an elected Speaker (P.47/2019)
Housing developments for first-time buyers: allocation criteria (P.53/2019)
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 3rd and Thursday 4th July 2019 if necessary.
STATES OF JERSEY ORDER PAPER
2nd JULY 2019 CONSOLIDATED
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Misuse of Drugs (Miscellaneous Amendments) (No. 8) (Jersey) Order 2019. R&O.49/2019. Minister for Health and Social Services.
* Human Transplantation and Anatomy (Excluded Material and Appointments) R&O.50/2019. (Jersey) Order 2019.
Minister for Health and Social Services.
* Criminal Procedure (Bail) Rules 2019. R&O.51/2019. Superior Number of the Royal Court.
* PoliRulesce 2 Pr019.ocedures and Criminal Evidence (Variation of Bail Conditions) R&O.52/2019. Superior Number of the Royal Court.
- DOCUMENTS PRESENTED
* Establishment of an elected Speaker (P.47/2019): comments. P.47/2019. Presented: 2nd July 2019. Com. Privileges and Procedures Committee.
* Hcomousimngent devs. elopments for first-time buyers: allocation criteria (P.53/2019) – P.53/201Com9.. Presented: 1st July 2019, Chief Minister.
* Hcomousimngent devs. elopments for first-time buyers: allocation criteria (P.53/2019) – P.53/201Com.(2)9. Presented: 2nd July 2019, Minister for Children and Housing.
Planning Committee Decisions 2018 (R.37/2019): response of the Minister for R.37/2019. the Environment. Res. Presented: 25th June 2019, Minister for the Environment.
Community and Social Services for Adults and Older Adults – Follow-up R.42/2019. (R.42/2019) – Executive response with comments of the Public Accounts Res. Committee.
Presented: 24th June 2019, Public Accounts Committee.
Housing Repairs and Maintenance: Follow-up (R.47/2019) – Executive R.47/2019. response with comments of the Public Accounts Committee. Res. Presented: 25th June 2019, Public Accounts Committee.
Commissioner for Standards: Investigation of Complaint of breach of the Code R.74/2019. of Conduct for Elected Members by Deputy S.J. Pinel of St. Clement .
Presented: 20th June 2019, Privileges and Procedures Committee.
Land Transactions under Standing Order 168(3) – Philip Le Feuvre House – R.75/2019. conveyance of interest in party-owned wall to the Public and redefinition of
Presented: 21st June 2019, Minister for Infrastructure.
Channel Islands Competition and Regulatory Authorities: Annual Report R.77/2019. 2018.
Presented: 24th June 2019, Chief Minister.
States of Jersey Law 2005: delegation of functions – Chief Minister to Minister R.78/2019. for Children and Housing/Assistant Minister for Health and Social Services –
Presented: 24th June 2019, Chief Minister.
States of Jersey Law 2005: delegation of functions – Minister for Health and R.79/2019. Social Services – Mental Health Services – June 2019.
Presented: 25th June 2019, Minister for Health and Social Services.
* Jersey Financial Services Commission: Annual Report 2018. R.83/2019. Presented: 2nd July 2019, Minister for External Relations.
- NOTIFICATION OF LODGED PROPOSITIONS
* Draft Income Support (Amendment No. 19) (Jersey) Regulations 201- P.56/2019. (P.56/2019): amendment. Amd. Lodged: 2nd July 2019, Deputy G.P. Southern of St. Helier .
Draft Criminal Procedure (Bail) (Jersey) Law 2017 (Appointed Day) P.63/2019. Act 201-.
Lodged: 21st June 2019, Minister for Home Affairs.
Draft Police Procedures and Criminal Evidence (Jersey) Law 2003 (Appointed P.64/2019. Day) (No. 6) Act 201-.
Lodged: 21st June 2019, Minister for Home Affairs.
Draft Air and Sea Ports (Incorporation) (Miscellaneous) (Jersey) P.68/2019. Regulations 201-.
Lodged: 28th June 2019, Minister for Economic Development, Tourism, Sport
and Culture.
- WITHDRAWAL OF LODGED PROPOSITIONS
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
WQ.280/2019 1. The Minister for Infrastructure will table an answer to a question asked by Deputy G.J.
Truscott of St. Brelade regarding maintenance of the Railway Walk.
WQ.281/2019 2. The Minister for Treasury and Resources will table an answer to a question asked by Deputy
M.R. Le Hegarat of St. Helier regarding the reporting of Government finances.
WQ.282/2019 3. The Minister for the Environment will table an answer to a question asked by Deputy R.J.
Ward of St. Helier regarding air pollution monitoring around the Island's schools
WQ.283/2019 4. The Minister for Education will table an answer to a question asked by Deputy R.J. Ward of
St. Helier regarding the monitoring and inspection of nursery provision.
WQ.284/2019 5. The Minister for Treasury and Resources will table an answer to a question asked by Deputy
R.J. Ward of St. Helier regarding the projected level of deficit in public finances.
WQ.285/2019 6. The Minister for Health and Social Services will table an answer to a question asked by Deputy
K.G. Pamplin of St. Saviour regarding the services offered to deaf Islanders.
WQ.286/2019 7. The Chairman of the States Employment Board will table an answer to a question asked by
Deputy K.G. Pamplin of St. Saviour regarding exit interviews undertaken with States of Jersey employees.
WQ.287/2019 8. The Minister for Health and Social Services will table an answer to a question asked by Deputy
K.G. Pamplin of St. Saviour regarding Jersey Talking Therapies.
WQ.288/2019 9. The Chief Minister will table an answer to a question asked by Deputy K.G. Pamplin of St.
Saviour regarding statistical measures to monitor progress against the Common Strategic Policy.
WQ.289/2019 10. The Minister for Health and Social Services will table an answer to a question asked by Deputy
K.G. Pamplin of St. Saviour regarding the transfer of the Child and Adolescent Mental Health Service.
WQ.290/2019 11. The Minister for Infrastructure will table an answer to a question asked by Deputy R.J. Ward
of St. Helier regarding the annual financial return from the Liberty Bus contract.
WQ.291/2019 12. The Minister for Treasury and Resources will table an answer to a question asked by Deputy
C.S. Alves of St. Helier regarding the review of the Income Tax system.
WQ.292/2019 13. The Minister for Health and Social Services will table an answer to a question asked by Deputy
C.S. Alves of St. Helier regarding the information given to patients at the General Hospital about their blood type.
WQ.293/2019 14. The Minister for Children and Housing will table an answer to a question asked by Deputy M.
Tadier of St. Brelade regarding the rental deposit scheme.
WQ.294/2019 15. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St.
Helier regarding targets for net inward migration to Jersey.
WQ.295/2019 16. The Minister for External Relations will table an answer to a question asked by Deputy G.P.
Southern of St. Helier regarding the decision to allow public access to the register of beneficial ownership of businesses.
WQ.296/2019 17. The Minister for Health and Social Services will table an answer to a question asked by Deputy
G.P. Southern of St. Helier regarding the publication of waiting lists for specialist healthcare services.
WQ.297/2019 18. The Minister for Education will table an answer to a question asked by Deputy G.P. Southern
of St. Helier regarding the reporting system for expenditure on the pupil premium. WQ.298/2019 19. The Chairman of the States Employment Board will table an answer to a question asked by
Deputy M.R. Higgins of St. Helier regarding the complaints made to, and against, the Board
since 2014.
WQ.299/2019 20. The Chairman of the States Employment Board will table an answer to a question asked by
Deputy M.R. Higgins of St. Helier regarding the legal actions taken against the Board since 2014.
WQ.300/2019 21. H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of
St. Helier regarding the referral of sexual offences from the States of Jersey Police to the Law Officers' Department.
WQ.301/2019 22. The Minister for Children and Housing will table an answer to a question asked by Deputy
M.R. Higgins of St. Helier regarding cases referred to the Children's Commissioner. WQ.302/2019 23. The Minister for Children and Housing will table an answer to a question asked by Deputy
M.R. Higgins of St. Helier regarding the Minister's policy position in respect of qualifying
rules for housing.
- – Oral Questions (120 minutes)
OQ.180/2019 1. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for Health
and Social Services –
"Following the answer to my Written Question 285/2019, will the Minister state what work has been done, or is being undertaken, to ensure sufficient services are provided to meet the needs of deaf Islanders?"
OQ.174/2019 2. Deputy S.M. Ahier of St. Helier will ask the following question of the Minister for Treasury
and Resources –
"Will the Minister advise the Assembly whether she intends to remove the de minimis exemption clause from G.S.T. on internet purchases?"
OQ.171/2019 3. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for External
Relations –
Will the Minister set out what changes to Jersey's Anti-Money Laundering (A.M.L.) regulations over the past 3 years, if any, have led to the suspension of some 8,000 bank accounts by Lloyds Bank?
OQ.178/2019 4. Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister explain how responsibility is divided between Ministers and Directors General for the actions of their departments and how he ensures a distinction between policy and operational responsibility is maintained; and, in light of the Machinery of Government legislation agreed by the previous Assembly, how, if at all, has he changed his approach to this area since being appointed?"
OQ.177/2019 5. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for Social
Security –
What processes, if any, are in place to help vulnerable people with their claims for the benefits available to them; and is it the Minister's assessment that the current level of any such help is sufficient?
OQ.169/2019 6. The Connétable of St. Martin will ask the following question of the Chief Minister –
"In light of the One Gov' reorganisation, what measures, if any, has the Chief Minister taken to ensure that every department within the Government of Jersey is overseen by (and therefore the responsibility of) a Minister, in order that there is clear oversight of each department and a figure of authority to whom the public can reach out?"
OQ.172/2019 7. Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for
Children and Housing –
"Will the Minister provide an update on the performance of Mydeposits Jersey and confirm whether or not the contract is likely to be renewed in 2020?"
OQ.176/2019 8. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Social
Security –
"Further to the Assembly's adoption of P.31/2018, will the Minister explain why amendments to legislation have not been lodged for debate to prevent discrimination by landlords against tenants with children; and will she state when she plans to lodge such amendments?"
OQ.170/2019 9. The Connétable of St. Martin will ask the following question of the Minister for the
Environment –
"What consideration will the Minister give to the environmental impact of the power stations which supply the energy Jersey imports when calculating ways to achieve carbon neutrality, as part of his examination and assessment of this matter?"
OQ.179/2019 10. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for
Economic Development, Tourism, Sport and Culture –
"Will the Minister state how many events Events Jersey has organised since it was formed; and will he provide the size of its budget and the number of staff supporting it?"
OQ.173/2019 11. Deputy K.F. Morel of St. Lawrence will ask the following question of the Chairman of the
States Employment Board –
"Given that a number of parents are reportedly refusing to pay school fees for those days of education missed by their children because of the teachers' strikes, will the Chairman state the total fees that would not be paid should that happen, and will he advise what assessment has been undertaken of the total cost of the strikes to families, for instance through missed days at work and extra childcare?"
OQ.175/2019 12. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Treasury
and Resources –
"How much revenue would be raised from the top 10% of income earners and from the bottom 10% of income earners by increasing the income tax rate by 1% and maintaining allowances at the current levels?"
OQ.181/2019 13. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Chief Minister –
"Following the recent report that net inward migration has exceeded 1,000 people for the fourth year in a row, will the Chief Minister bring forward a policy on population and migration as a matter of urgency?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Children and Housing
2nd question period – Minister for Treasury and Resources
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
The Minister for Children and Housing will make a statement regarding the Citizen's Panel.
- PUBLIC BUSINESS
Establishment of an elected Speaker. P.47/2019. Lodged: 30th April 2019, Senator J.A.N. Le Fondré.
* Establishment of an elected Speaker (P.47/2019): comments. P.47/2019. Presented: 2nd July 2019, Privileges and Procedures Committee. Com.
Housing developments for first-time buyers: allocation criteria. P.53/2019. Lodged: 15th May 2019, Deputy I. Gardiner of St. Helier . * Hcomousimngent devs. elopments for first-time buyers: allocation criteria (P.53/2019) – P.53/201Com9.. Presented: 1st July 2019, Chief Minister.
* Housing developments for first-time buyers: allocation criteria (P.53/2019) – P.53/2019. comments. Com.(2) Presented: 2nd July 2019, Minister for Children and Housing.
Housing developments for first-time buyers: allocation criteria (P.53/2019) – P.53/2019. amendment. Amd. Lodged: 11th June 2019, Deputy I. Gardiner of St. Helier .
- ARRANGEMENT OF PUBLIC BUSINESS E-petitions
The Chairman of the Privileges and Procedures Committee will ask the Assembly whether it wishes to consider in-Committee the e-petition Higher sentences for paedophiles', which has attracted more than 5,000 signatures.
16th July 2019
* Draft Income Support (Amendment No. 19) (Jersey) Regulations 201- P.56/2019. (P.56/2019): amendment. Amd. Lodged: 2nd July 2019, Deputy G.P. Southern of St. Helier .
Channel Islands Competition Regulatory Authority: telecommunications P.61/2019. strategy.
Lodged: 17th June 2019, Senator S.C. Ferguson.
Draft Criminal Procedure (Bail) (Jersey) Law 2017 (Appointed Day) P.63/2019. Act 201-.
Lodged: 21st June 2019, Minister for Home Affairs.
Note: Because of the requirement for a four-week lodging period, the minimum lodging period of the proposition lodged by the Minister for Home Affairs will expire on Friday 5th July 2019. The Minister 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 Police Procedures and Criminal Evidence (Jersey) Law 2003 P.64/2019. (Appointed Day) (No. 6) Act 201-.
Lodged: 21st June 2019, Minister for Home Affairs.
Note: Because of the requirement for a four-week lodging period, the minimum lodging period of the proposition lodged by the Minister for Home Affairs will expire on Friday 5th July 2019. The Minister 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.
10th September 2019
Draft Air and Sea Ports (Incorporation) (Miscellaneous) (Jersey) P.68/2019. Regulations 201-.
Lodged: 28th June 2019, Minister for Economic Development, Tourism, Sport and
Culture.
24th September 2019
Employment (Jersey) Law 2003: review of parental leave rights P.54/2019. amendments.
Lodged: 21st May 2019, Deputy L.M.C. Doublet of St. Saviour .
Employment (Jersey) Law 2003: review of parental leave rights amendments P.54/2019. (P.54/2019) – amendment. Amd. Lodged: 11th June 2019, Deputy L.M.C. Doublet of St. Saviour .
DR. M. EGAN Greffier of the States
1st July 2019 Note –
In accordance with the meeting dates fixed for 2019 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 3rd and Thursday 4th July 2019.
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 27th June 2019, or an item which has been altered or moved.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.50/2019.
Human Transplantation and Anatomy (Excluded Material and Appointments) (Jersey) Order 2019. Minister for Health and Social Services.
For the purposes of the Human Transplantation and Anatomy (Jersey) Law 2018 ("the Law"), this Order specifies –
- relevant material that is excluded material; and
- that a person may not act under an appointment made by another person to represent him or her after death in relation to express consent if the person lacks capacity to understand the notion of consenting to a specified activity.
The following relevant material is excluded material –
- the whole of, or a visibly recognisable part of, the brain, spinal cord, face (not including the eyes), arm, hand, leg and foot;
- any other relevant material (including skin, bone, muscle, nervous tissue, arteries and tendons) that is also being removed for the purpose of the transplantation of material described in paragraph (a);
- an embryo that is inside the body of a person; and
- ovary, uterus, penis, testicle, foetus, placenta and umbilical cord.
Article 7(2) of the Law requires express consent for the removal of excluded material for the purposes of any transplantation activity, the teaching of anatomy, medical education or research or therapeutic purposes.
The Order was made on 28th June 2019 and came into force on 1st July 2019, being the day on which the Human Transplantation and Anatomy (Jersey) Law 2018 commenced.
R&O.51/2019.
Criminal Procedure (Bail) Rules 2019. Superior Number of the Royal Court.
These Rules supplement the bail provisions of the Criminal Procedure (Bail) (Jersey) Law 2017 (the "Law") by setting out rules related to the forfeiture of security provided in respect of a defendant's surrender to custody, to the approval and regulation of sureties and to the certification of copies of decision to grant bail.
Rule 1 is an interpretive provision. It contains a definition, and also specifies that the provisions of the Royal Court Rules 2004 on calculating time periods apply to these Rules.
Rule 2 prescribes the form (set out in Schedule 1) that an applicant must fill out in order to apply to the court (under Article 13(4) of the Law) to show that the defendant had a reasonable excuse for failing to surrender to custody (and thus any security should not be forfeited).
Rule 3 provides that a person who agrees to stand as a surety for a defendant must provide the applicable court with an address for service in Jersey.
Rule 4 prescribes the form (set out in Schedule 2) that must be used, under Article 14(2) or (3) of the Law, to summons a surety to appear before the court to show cause as to why he or she should not be required to pay the amount in which he or she is bound, in the circumstances where the defendant fails to surrender to custody or fails to comply with other conditions imposed on him or her.
Rule 5 sets out the means by which a summons of a surety may be served on the surety. Rule 6 requires that a summons of a surety be served at least 4 clear days before the day on which the surety is required to appear before the court.
Rule 7 provides that the court summoning a surety may declare that the summons is invalid if it is not served in accordance with the Rules.
Rule 8 provides that a surety may apply to a court to have an order made under Article 14(6) of the Law (that an amount in which the surety is bound is forfeited) set aside if the order was made in the absence of the surety. The court may set aside the order if the court is satisfied that it is in the interests of justice to do so.
Rule 9 authorises the Viscount to distrain (i.e., to seize) the movable property (including wages) of a surety if an order made under Article 14(6) of the Law requires that an amount be forfeited. The Viscount may apply the seized movable property, or the proceeds from its sale, to satisfying the forfeited amount. If the Viscount is not satisfied that the surety is aware that his or her movable property has been distrained, the Viscount must obtain leave of the court before selling the movable property. The Viscount must also ensure that notice of any sale of movable property is published in the Jersey Gazette.
Rule 10 is an evidentiary rule that applies in proceedings to prosecute a defendant who is charged, under Article 20 of the Law, with failing to surrender to custody or failing to do so as soon as is reasonably practicable. A copy of the part of a decision to grant a defendant bail is certified, and therefore evidence for the purpose of such proceedings, if the Judicial Greffier sets out the name of the defendant on the copy, affirms in writing that the copy is a true copy, and signs and dates the copy.
Rule 11 sets out the name by which the Rules may be cited. It also provides that the Rules come into force 7 days after the day on which the Appointed Day Act for the Law is passed (that 7th day being the day on which the Law's substantive provisions come into force).
The Rules were made on 1st July 2019 and come into force in accordance with Rule 11.
R&O.52/2019.
Police Procedures and Criminal Evidence (Variation of Bail Conditions) Rules 2019. Superior Number of the Royal Court.
These Rules supplement the bail provisions of the Police Procedures and Criminal Evidence (Jersey) Law 2003 (the "Law") by prescribing the form that an applicant must fill out in order to apply for a variation in the applicant's conditions of bail.
Rule 1 prescribes the form (set out in the Schedule) that an applicant must fill out in order to apply to the Magistrate, under Article 30(6) or (8) or 31B(4) or (7) of the Law, to vary the applicant's conditions of bail.
Rule 2 sets out the name by which the Rules may be cited. It also provides that the Rules come into force immediately following the coming into force of the Criminal Procedure (Bail) (Jersey) Law 2017 in accordance with Article 2 of the Criminal Procedure (Bail) (Jersey) Law 2017 (Appointed Day) Act 201- (which is when the Articles of the Law that are mentioned in the previous paragraph come into force).
The Rules were made on 1st July 2019 and come into force in accordance with Rule 2.