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STATES OF JERSEY ORDER PAPER
12th MARCH 2019
SUMMARY
9.30 a.m. Communications by the Presiding Officer and other announcements
Appointments, matters of privilege, petitions
- Nomination of Deputy I. Gardiner of St. Helier as a member of the Environment, Housing and Infrastructure Scrutiny Panel
- Resignation of Deputy C.S. Alves of St. Helier from the Public Accounts Committee
- Nomination of Deputy I. Gardiner of St. Helier as a member of the Public Accounts Committee.
Approx. 9.40 a.m. Summary of written questions
Up to 2 hours Oral questions with notice
Urgent questions (if any)
Up to 30 minutes, Oral questions without notice:
divided between the Minister for Social Security
two Ministers Minister for Home Affairs
Statements
- Chief Minister regarding cooperation between the Government of Jersey and Guernsey and the Isle of Man
- Minister for External Relations regarding the response to proposed amendments to the United Kingdom Financial Services (Implementation of Legislation) Bill purporting to legislate for Jersey
Approx. 2.15 p.m. Draft European Union (United Kingdom Exit – Animal Health and Welfare) (Jersey) Regulations 201- (P.9/2019)
Draft European Union (Amendment – Withdrawal Agreement) (Jersey) Regulations 201- (P.10/2019)
Draft European Union (Financial Services – Miscellaneous Amendments) (Jersey) Regulations 201- (P.11/2019): amendment (P.11/2019 Amd.)
Draft Immigration (Relevant Biometric Information) (Jersey) Regulations 201- (P.12/2019)
Rental price caps law to limit rental prices to reasonable rents' (e- petition)
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 13th and Thursday 14th March 2019 if necessary.
STATES OF JERSEY ORDER PAPER
12th MARCH 2019 CONSOLIDATED
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Taxation (Double Taxation) (Amendment of Regulations) (No. 2) (Jersey) R&O.15/2019. Order 2019.
Minister for External Relations.
* Air Navigation (Fees) (Amendment) (Jersey) Order 2019. R&O.16/2019. Minister for External Relations.
* EMUinLisetegri sfloartiEonxt(eSrnanacl tRioenlas t–ioGnsu.inea-Bissau) (Jersey) Order 2019. R&O.17/2019.
- DOCUMENTS PRESENTED
Finance Law Delegation Report for the 12 month period to R.19/2019. 31st December 2018.
Presented: 1st March 2019, Minister for Treasury and Resources.
* Births, Deaths, Stillbirths, Marriages and Civil Partnerships registered in the R.21/2019. twelve parishes of the Island of Jersey for the year 2018.
Presented: 11th March 2019, Minister for Home Affairs.
* Jersey Police Complaints Authority: Annual Report 2018. R.22/2019. Presented: 12th March 2019, Minister for Home Affairs.
* JPerresseeyn tAedp:p1o2inthtmMaentrsc hC2o0m1m9,i sCsihoine:f AMninniusatel rR. eport 2018. R.23/2019. Assessment of Mental Health Services. S.R.4/2019.
Presented: 6th March 2019, Health and Social Security Scrutiny Panel.
Reducing use of plastics in Jersey. S.R.5/2019. Presented: 8th March 2019, Environment, Housing and Infrastructure
Scrutiny Panel.
- NOTIFICATION OF LODGED PROPOSITIONS
* Island Plan (revised) 2011: site to be rezoned for Category A housing – P.13/2019. Field 632 and part of Field 559, La Route du Manoir, St. Peter (P.13/2019) – Amd. amendment.
Lodged: 12th March 2019, Deputy of St. Martin .
Draft Employment (Amendment No. 11) (Jersey) Law 201- (P.17/2019): P.17/2019. amendment. Amd. Lodged: 6th March 2019, Minister for Social Security.
* Beaulieu Convent School Limited: provision of a loan. P.26/2019. Lodged: 11th March 2019, Minister for Treasury and Resources.
* CLolidmgaetde: c1h1atnhgMae emrcehr2g0en1c9y, :DaecptiuotnysRt.oJ .bWe taarkde no fbSyt .t hHeeGlieorv. ernment of Jersey. P.27/2019.
- WITHDRAWAL OF LODGED PROPOSITIONS
In accordance with Standing Order 34(1), the proposer of the following proposition lodged au Greffe' has informed the Greffier of the States that it is to be withdrawn –
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
Nomination of Deputy I. Gardiner of St. Helier as a member of the Environment, Housing and Infrastructure Scrutiny Panel.
* Resignation of Deputy C.S. Alves of St. Helier from the Public Accounts Committee.
* Nomination of Deputy I. Gardiner of St. Helier as a member of the Public Accounts Committee.
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
WQ.127/2019 1. The Chief Minister will table an answer to a question asked by Deputy K.F. Morel of St.
Lawrence regarding the licences issued to employ non-qualified staff in the wholesale and retail sectors.
WQ.128/2019 2. The Minister for the Environment will table an answer to a question asked by Deputy K.F.
Morel of St. Lawrence regarding the use of fields for horse-driving events or other equine activities.
WQ.129/2019 3. The Minister for Health and Social Services will table an answer to a question asked by
Deputy L.M.C. Doublet of St. Saviour regarding the use of the birth pool at the General Hospital.
WQ.130/2019 4. The Minister for Social Security will table an answer to a question asked by Deputy R.J.
Ward of St. Helier regarding the repayment of benefits overpayments.
WQ.131/2019 5. 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 permissions. WQ.132/2019 6. The Minister for Education will table an answer to a question asked by Deputy R.J. Ward of
St. Helier regarding the use of advisors by the Department of Children, Young People, Education and Skills.
WQ.133/2019 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 absences by States of Jersey employees due to reasons connected with mental health.
WQ.134/2019 8. The Minister for Children and Housing will table an answer to a question asked by Deputy
K.G. Pamplin of St. Saviour regarding the support provided to people with mental health conditions applying for social housing or housing support.
WQ.135/2019 9. The Minister for Education will table an answer to a question asked by Deputy K.G.
Pamplin of St. Saviour regarding the processes in place to tackle the early stages of mental health problems amongst school-aged children.
WQ.136/2019 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 instances of self-harm and suicide attempts. WQ.137/2019 11. 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 report entitled Prevention of Suicide in
Jersey: A Framework for Action 2015-2020'.
WQ.138/2019 12. The Minister for Treasury and Resources will table an answer to a question asked by Deputy
J.M. Maçon of St. Saviour regarding the bids submitted to the Investment Appraisal Board. WQ.139/2019 13. The Minister for Health and Social Services will table an answer to a question asked by
Deputy M.R. Le Hegarat of St. Helier regarding the suspension of consultants at the General
Hospital.
WQ.140/2019 14. 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 OneGov' modernisation programme. WQ.141/2019 15. The Minister for Social Security will table an answer to a question asked by Deputy C.S.
Alves of St. Helier regarding the recovery of overpayments of Income Support.
WQ.142/2019 16. The Minister for Home Affairs will table an answer to a question asked by Deputy C.S.
Alves of St. Helier regarding the monitoring of police C.C.T.V. cameras.
WQ.143/2019 17. 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 payment of the living wage to the employees of sub-contractors engaged by the States of Jersey.
WQ.144/2019 18. The Minister for Treasury and Resources will table an answer to a question asked by Deputy
R.J. Ward of St. Helier regarding the grant to the Jersey College for Girls to enable Chinese students to attend the school.
WQ.145/2019 19. The Minister for the Environment will table an answer to a question asked by the
Connétable of St. Helier regarding the timetable for development of the new Island Plan. WQ.146/2019 20. The Minister for Infrastructure will table an answer to a question asked by the Connétable of
St. Helier regarding traffic safety in Midvale Road and St. John 's Road.
WQ.147/2019 21. The Minister for Education will table an answer to a question asked by the Connétable of St.
Helier regarding the extension of Rouge Bouillon School.
WQ.148/2019 22. The Minister for Treasury and Resources will table an answer to a question asked by the Connétable of St. Helier regarding the proposed merging of Liberation Square and
Weighbridge Place.
WQ.149/2019 23. The Minister for Infrastructure will table an answer to a question asked by the Connétable of
St. Helier regarding the future of Piquet House.
WQ.150/2019 24. The Minister for Education will table an answer to a question asked by Deputy M. Tadier of
St. Brelade regarding the 14+ transfer.
WQ.151/2019 25. The Minister for Treasury and Resources will table an answer to a question asked by Deputy
S.M. Wickenden of St. Helier regarding various transfers of heads of expenditure listed in the Transition Report' (R.155/2018).
WQ.152/2019 26. The Minister for Social Security will table an answer to a question asked by Deputy C.S.
Alves of St. Helier regarding Income Support payments.
- – Oral Questions (120 minutes)
OQ.62/2019 1. Deputy S.M. Ahier of St. Helier will ask the following question of the Minister for
Economic Development, Tourism, Sport and Culture –
"Will the Minister advise the Assembly whether he will propose that the reduction in stakes on fixed-odds betting terminals, which becomes law in all U.K. betting shops from next month, should be similarly introduced in Jersey?"
OQ.61/2019 2. Senator S.Y. Mézec will ask the following question of the Chairman of the Privileges and
Procedures Committee –
"Will the Chairman provide a timetable for the States debating a proposition brought by the Committee to establish an elected Speaker?"
OQ.66/2019 3. Deputy I. Gardiner of St. Helier will ask the following question of the Minister for
Infrastructure –
"Will the Minister explain what plans, if any, are in place to maintain and improve the community facilities at the former La Pouquelaye Primary School?"
OQ.73/2019 4. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Health
and Social Services –
"Will the Minister explain what steps he is taking to resolve the issues highlighted by Les Amis in relation to staff shortages and the consequential effects of them ceasing their Community Outreach and Short Breaks services from 31st March 2019?"
OQ.72/2019 5. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"Given that the recommendations of the Jersey Employment Forum on a significant staged increase in the minimum wage were made on the basis of the imminent development by the Council of Ministers of a productivity plan to assist low-paid sectors of the economy, will the Chief Minister inform members when this plan will be published, and what he expects its principal recommendations to be?"
OQ.68/2019 6. Deputy K.F. Morel of St. Lawrence will ask the following question of the Chief Minister –
"Will the Chief Minister advise what action was taken once the cross-party amendments to the Financial Services (Implementation of Legislation) Bill (which sought to legislate for the Crown Dependencies and which were originally due to be debated on Monday 4th March 2019) had been tabled?"
OQ.56/2019 7. Senator K.L. Moore will ask the following question of the Minister for Education –
"Will the Minister explain to the Assembly the rationale behind requesting £200,000 for a Policy Development Board when the Department has access to the policy officers at Strategic Policy, Performance and Population, whose role is to help develop policy for Ministers?"
OQ.57/2019 8. Deputy S.M. Wickenden of St. Helier will ask the following question of H.M. Attorney
General –
"Will H.M. Attorney General advise whether the Minister for Home Affairs has a legal duty under the States of Jersey Police Force (Jersey) Law 2012 (and regulations made thereunder) to appoint a Chief Officer and Deputy Chief Officer of the States of Jersey Police Force within a reasonable time of those offices becoming vacant and, if so, whether a period of seven months exceeds a reasonable time?"
OQ.59/2019 9. Deputy R. Labey of St. Helier will ask the following question of the Minister for
Infrastructure –
"Has the hemp-growing contract in respect of Warwick Farm been extended from 9 years and, if so, what break clause applies to the contract?"
OQ.70/2019 10. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for
Health and Social Services –
"Following the news that the charity, Les Amis, says it has been trying to meet healthcare demands with limited staff resources for a long time, will the Minister advise what he is doing to address this situation in order to combat care-staff shortages across all sectors?"
OQ.65/2019 11. Senator S.C. Ferguson will ask the following question of the Minister for Treasury and
Resources –
"Will the Minister, as shareholder representative, advise what steps the States of Jersey Development Company is taking to prevent any further episodes of contaminated soil being flushed out of by excavations for the Horizon development and the resultant risk of polluting the Elizabeth Marina and, potentially, the sea beyond?"
OQ.63/2019 12. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for Treasury
and Resources –
"Given the provision of a further £100,000 to Supply Jersey, what success criteria have been used to justify continued use of this provider?"
OQ.75/2019 13. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for
Treasury and Resources –
"In the light of the grant of £250,000 to Jersey Finance to assist with setting up an office in the U.S.A., will the Minister advise the Assembly whether the model by which Jersey Finance is funded is due to be changed or reviewed?"
OQ.58/2019 14. Deputy S.M. Wickenden of St. Helier will ask the following question of the Chief Minister –
"When will the Chief Minister publish the consolidated list showing the functions discharged by him, those discharged by each Minister and those which have been delegated to other Ministers, as required under Article 30A of the States of Jersey Law 2005?"
OQ.60/2019 15. Deputy R. Labey of St. Helier will ask the following question of the Minister for
Infrastructure –
"Will the Minister advise whether the Driver and Vehicle Standards department in Jersey insists solely on receiving paper V55 certificates (the manufacturer's sales registration document) when registering new vehicles; and, if so, why they are not accepted in electronic format?"
OQ.69/2019 16. Deputy K.F. Morel of St. Lawrence will ask the following question of the Assistant Chief
Minister –
"How many licences to work for non-qualified staff were removed from the wholesale and retail sector in 2018 and which business sector had the most such licences removed last year?"
OQ.74/2019 17. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for
Education –
"Does the Minister have any plans to review the provision of sixth-form education during this term of office; and if not, why not?"
OQ.71/2019 18. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for
Health and Social Services –
"Further to the report of the Health and Social Security Scrutiny Panel presented this week (S.R.4/2019), will the Minister assure the Assembly that improvements to Mental Health services will be made as a matter of urgency; and will he provide the timetable for such improvements to be made?"
OQ.64/2019 19. Deputy R.J. Ward of St. Helier will ask the following question of the Chief Minister –
"Following the comments of the Minister for External Relations on B.B.C. Radio Jersey that families can add a few extra items to their weekly shop to stock up for Brexit, what plans, if any, does the Government have to assist those on low incomes who may struggle financially to do this?"
OQ.67/2019 20. Deputy I. Gardiner of St. Helier will ask the following question of the Minister for the
Environment –
"Further to Written Question 173/2018, will the Minister update the Assembly on his Department's plans to combat the threat of the Asian Hornet to the Island's bees and pollinators?"
- – Questions to Ministers without notice (30 minutes) – 1st question period – Minister for Social Security 2nd question period – Minister for Home Affairs
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
* The Chief Minister will make a statement regarding cooperation between the Government of Jersey and the Crown Dependencies of Guernsey and the Isle of Man.
* Tamhee nMidmneisnttesr tfoo rt hEextUernniateldRKeliantigodnosmwiFlilnmanackiea laSsetravteicmese n(tImrepglaermdienngt atthioenr eosfp oLnesgei stloa tpioronp) oBseildl purporting to legislate for Jersey.
- PUBLIC BUSINESS
Draft European Union (United Kingdom Exit – Animal Health and P.9/2019. Welfare) (Jersey) Regulations 201-.
Lodged: 28th January 2019, Minister for the Environment.
Draft European Union (Amendment – Withdrawal Agreement) (Jersey) P.10/2019. Regulations 201-.
Lodged: 28th January 2019,Minister for External Relations.
Draft European Union (Financial Services – Miscellaneous Amendments) P.11/2019. (Jersey) Regulations 201-.
Lodged: 28th January 2019, Chief Minister.
Draft European Union (Financial Services – Miscellaneous Amendments) P.11/2019. (Jersey) Regulations 201- (P.11/2019): amendment. Amd. Lodged: 26th February 2019, Minister for External Relations.
Draft Immigration (Relevant Biometric Information) (Jersey) Regulations P.12/2019. 201-.
Lodged: 29th January 2019, Minister for Home Affairs.
- 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 Make it law to stop Hit and Run' for cats', which has attracted more than 5,000 signatures.
26th March 2019
Island Plan (revised) 2011: site to be rezoned for Category A housing – P.13/2019. Field 632 and part of Field 559, La Route du Manoir, St. Peter .
Lodged: 8th February 2019, Connétable of St. Peter .
* Island Plan (revised) 2011: site to be rezoned for Category A housing – P.13/2019. Field 632 and part of Field 559, La Route du Manoir, St. Peter Amd. (P.13/2019) – amendment.
Lodged: 12th March 2019, Deputy of St. Martin .
Draft European Union (Wines, Spirits, Milk and Dairies – Savings) (Jersey) P.14/2019.
Lodged: 11th February 2019, Minister for External Relations.
Draft European Union (United Kingdom Exit – Alternative Investment P.15/2019. Funds) (Jersey) Regulations 201-.
Lodged: 11th February 2019, Minister for External Relations.
Justice and Home Affairs: cessation of restructure. P.24/2019. Lodged: 26th February 2019, Deputy of St. John .
Investment Appraisal Board: 2 week notice period. P.25/2019. Lodged: 26th February 2019, Deputy J.M. Maçon of St. Saviour .
30th April 2019
Draft Revenue Administration (Jersey) Law 201- (P.122/2018): amendment P.122/2018. (P.122/2018 Amd.) – comments. Amd.Com. Presented: 25th February 2019, Minister for Treasury and Resources.
Draft Access to Justice (Jersey) Law 201-. P.23/2019. Lodged: 25th February 2019, Chief Minister.
* Beaulieu Convent School Limited: provision of a loan. P.26/2019. Lodged: 11th March 2019, Minister for Treasury and Resources.
* Climate change emergency: actions to be taken by the Government of P.27/2019. Jersey.
Lodged: 11th March 2019, Deputy R.J. Ward of St. Helier .
DR. M. EGAN Greffier of the States
11th March 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 13th and Thursday 14th March 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 7th March 2019, or an item which has been altered or moved.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.16/2019.
Air Navigation (Fees) (Amendment) (Jersey) Order 2019.
This Order amends the Air Navigation (Fees) (Jersey Order 2015 to provide, for the 1st time, for a fee of £78 to be payable for the grant of permission –
- for an aircraft, registered outside Jersey, the United Kingdom or its Territories and Dependencies, to take on board or discharge any passengers or cargo in Jersey orbe flown over Jersey for the purposes of aerial work; and
- for a small unmanned aircraft to be flown for the purpose of aerial work.
The Air Navigation (Jersey) Law 2014 defines "small unmanned aircraft" and "aerial work". The Order was made on 6th March 2019 and came into force on 7th March 2019.
R&O.17/2019.
EU Legislation (Sanctions – Guinea-Bissau) (Jersey) Order 2019.
This Order gives effect in Jersey to Council Regulation (EU) 377/2012 of 3 May 2012 concerning restrictive measures directed against certain persons, entities, and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau (OJ L 119, 4.5.2012, p. 1.), as amended ("Regulation (EU) No 377/2012", as defined in Article 1). It replaces the Community Provisions (Restrictive Measures – Guinea-Bissau) (Jersey) Order 2012 (the "previous Order", which gave Regulation (EU) No 377/2012 effect in Jersey) so as to bring the enforcement of Regulation (EU) No 377/2012 into line with Jersey's existing framework legislative scheme for the enforcement of sanctions Regulations.
This Order contains an ambulatory reference, in Article 2, to an Annex to Regulation (EU) 377/2012. If the EU amends the lists of persons subject to the restrictive measures, the effect of the ambulatory reference is that the EU amendment takes effect automatically in Jersey without the need for any amendment to this Order.
Articles 3 provides that this Order is a relevant special Order for the purpose of the General Provisions Order (as defined in Article 1) and provides that Regulation (EU) 377/2012 is the relevant EU provision for the purpose of the General Provisions Order.
Article 4 provides for Regulation (EU) 377/2012 to have effect as if it were an enactment –
- to any extent that it does not otherwise have effect in Jersey; and
- subject to the modifications made by the general provisions that are to be read as part of this Order by virtue ofArticle 3 and the General Provisions Order.
Article 5 creates offences for breaches of provisions, specified in that Article, of Regulation (EU) 377/2012 and of the General Provisions Order. A person who commits the main offence of breaching the key prohibitions in Regulation (EU) 377/2012 is liable to a term of imprisonment of up to 7 years, to an unlimited fine, or to both. A person who commits the offence of giving false information, or destroying documents to evade a duty to give information, is liable to a term of imprisonment for up to 2 years, to an unlimited fine, or to both. A person who commits the offence of failing to provide information is liable to a term of imprisonment of up to 1 year, to an unlimited fine, or to both.
Article 6 amends the definition of "anti-money laundering and counter-terrorism legislation" in Article 3 of the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 to remove the reference to the previous Order and to insert the name of this Order.
Article 7 repeals the previous Order.
Article 8 provides for citation of this Order and states that this Order comes into force on the day after it is made.
The Order was made on 6th March 2019 and came into force on 7th March 2019.