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STATES OF JERSEY ORDER PAPER
15th JANUARY 2019 SUMMARY
The meeting will be preceded by a short service for members at 9.30 a.m. at the Parish Church of St. Helier .
10.30 a.m. Communications by the Presiding Officer and other announcements Appointments, matters of privilege, petitions (if any)
Approx. 10.40 a.m. Summary of written questions
Up to 2 hours Oral questions with notice
Urgent questions (if any)
2.15 p.m. Oral questions without notice: Up to 30 minutes, Minister for Education
divided between the Minister for Economic Development, Tourism, Sport and Culture two Ministers
Statements
- Minister for External Relations regarding preparations for Brexit
- Chief Minister regarding public sector industrial action
Approx. 3.00 p.m. Draft Financial Regulation (Miscellaneous Provisions No. 5) (Jersey)
Draft Alternative Investment Funds (Amendment) (Jersey) Regulations 201- (P.140/2018)
Draft Air Navigation (Rules of the Air) (Amendment) (Jersey) Regulations 201- (P.142/2018)
Children (Jersey) Law 2002: repeal of Article 79 (P.144/2018) Arrangement of public business at subsequent meetings
Lunch adjournment likely around 12.45 p.m., until 2.15 p.m.
If business is not completed by around 5.30 p.m. the Assembly usually adjourns for the evening and will resume its meeting at 9.30 a.m. on Wednesday 16th and Thursday 17th January 2019 if necessary.
STATES OF JERSEY ORDER PAPER
15th JANUARY 2019 at 10.30 a.m.
CONSOLIDATED
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Long-Term Care Services (Health and Social Services Charges) (Amendment R&O.130/2018. No. 6) (Jersey) Order 2018.
Minister for Health and Social Services.
Motor Vehicles (Wearing of Seat Belts by Adults) (Amendment) (Jersey) Order R&O.131/2018. 2018.
Road Traffic (Periodic Technical Inspections – General Provisions) (Jersey) R&O.132/2018. Order 2018.
Road Traffic (Registration of Trailers – Vienna Convention) (Jersey) Order R&O.133/2018. 2018.
Road Works (Permit Fees) (Jersey) Order 2018. R&O.135/2018. Minister for Infrastructure.
Minister for Economic Development, Tourism, Sport and Culture.
Environment (2019 Fees) (Jersey) Order 2018. R&O.137/2018. Minister for the Environment.
Nursing Homes and Mental Nursing Homes (General Provisions) (Amendment R&O.138/2018. No. 16) (Jersey) Order 2018.
Minister for Health and Social Services.
Home Affairs (Fire and Rescue and Petroleum – 2019 Fees) (Jersey) Order R&O.139/2018. 2018.
Regulation of Care (Fees) (Jersey) Order 2018. R&O.140/2018. Chief Minister.
States of Jersey (Transfer of Functions – Regulation of Care) (Jersey) Order R&O.141/2018. 2018.
Community Provisions (Restrictive Measures – Eritrea) (Revocation) (Jersey) R&O.143/2018. Order 2018.
Minister for External Relations.
EU Legislation (Sanctions – Libya) (Amendment No. 7) (Jersey) Order 2019. R&O.1/2019. Minister for External Relations.
- DOCUMENTS PRESENTED
Rejection of Planning Application relating to Retreat Farm, La Rue de La P.100/2018. Frontière, St. Mary and Rue des Varvots, St. Lawrence : rescindment of and Ministerial Decision (P.100/2018) and amendment (P.100/2018 Amd.) – P.100/2018. comments. Amd. Presented: 8th January 2019, Minister for the Environment. Com.
* Children (Jersey) Law 2002: repeal of Article 79 (P.144/2018) – comments. P.144/2018. Presented: 14th January 2019, Minister for Children and Housing. Com.
States of Jersey Law 2005: delegation of functions – Minister for Health and R.150/2018. Social Services – December 2018 – Capacity and Self-Determination (Jersey)
Presented: 10th December 2018, Minister for Health and Social Services.
States of Jersey Law 2005: delegation of functions – Health and Social R.151/2018. Services – December 2018 – Mental Health (Jersey) Law 2016.
Presented: 10th December 2018, Minister for Health and Social Services.
Land Transactions under Standing Order 168(3) – First Tower Café, Victoria R.152/2018. Avenue, St. Helier – surrender and renewal of existing lease.
Presented: 13th December 2018, Minister for Infrastructure.
Transfers between heads of expenditure under the Public Finances (Jersey) Law R.153/2018. 2005: Article 18(1)(c) and (1A) – 7th December 2018.
Presented: 13th December 2018, Minister for Treasury and Resources.
Land Transactions under Standing Order 168(3) – La Collette sites LC05 and R.154/2018. LC06 – proposed sub-letting from Ports of Jersey Ltd.
Presented: 17th December 2018, Minister for Infrastructure.
States of Jersey Complaints Board: findings – complaint by R.156/2018. Mrs. Elaine Huggett against the Minister for Social Security regarding the way
in which her pensions claim was administered.
Presented: 20th December 2018, Privileges and Procedures Committee.
Review of the circumstances around the Jersey Competition Regulatory R.157/2018. Authority's decision on ATF Fuels.
Presented: 20th December 2018, Chief Minister.
Transfers between Heads of Expenditure under the Public Finances (Jersey) R.1/2019. Law 2005: Article 18(1)(c) and (1A) – 8th January 2019.
Presented: 10th January 2019, Minister for Treasury and Resources.
* Land Transactions under Standing Order 168(3) – Le Chemin des Maltières – R.2/2019. acquisition of footpath at "Weggis", 3 Bel au Roi, Gorey.
Presented: 15th January 2019, Minister for Infrastructure.
* T2005:ransf Aerrs tibcletew18ee(n 1)he(cads) andof(expe1A) nd– 11itutrhe Jundeanuarr ythe 2019.Pub lic Finances (Jersey) Law R.3/2019. Presented: 15th January 2019, Minister for Treasury and Resources.
* StaHeateslth ofand JerCseomy CmomunipltyaiSernts Bviceoars dD: fepaindirtngments – comregarpldaiinntg bythe Mwrays. Xin agwaihinscht hether R.4/2019. complaint was processed.
Presented: 15th January 2019, Privileges and Procedures Committee.
* Brexit Report: January 2019 update. R.5/2019. Presented: 15th January 2019, Minister for External Relations.
Retail in Jersey. S.R.18/2018. Presented: 21st December 2018, Economic Affairs Scrutiny Panel.
* Draft Budget Statement 2019 (S.R.16/2018): response of the Minister for S.R.16/2018. Treasury and Resources. Res. Presented: 15th January 2019, Minister for Treasury and Resources.
- NOTIFICATION OF LODGED PROPOSITIONS
* Draft Damages (Jersey) Law 201- (P.131/2018): amendment. P.131/2018. Lodged: 14th January 2019, Chief Minister. Amd.
Credit-related checks. P.145/2018. Lodged: 19th December 2018, Deputy J.M. Maçon of St. Saviour .
Jersey Overseas Aid Commission: appointment of non-States Commissioner. P.147/2018. Lodged: 27th December 2018, Minister for International Development.
Draft European Union (United Kingdom Exit – Miscellaneous Amendments) P.148/2018. (Jersey) Regulations 201-.
Lodged: 28th December 2018, Minister for External Relations.
* Draft Amendment (No. 38) of the Standing Orders of the States of Jersey. P.1/2019. Lodged: 14th January 2019, Privileges and Procedures Committee.
* JeLodgrseyed: Em 14tplh oymJanentuar and y 2019Disc, Mriminiinatster fion or SocTribunialal Sec: appuriotiy.ntment of members. P.2/2019.
* CLodgredied:t-rel 15tated ch Janhecuarks.y 2019, Deputy J.M. Maçon of St. Saviour . P.3/2019.
* DLodgraft Aed:m 15tendh mJanentuar (Nyo. 201939) of, C thaihe rmenStand's Coming Ormderitts ofee. the States of Jersey. P.4/2019.
- WITHDRAWAL OF LODGED PROPOSITIONS
In accordance with Standing Order 34(1), the proposers of the following propositions lodged au Greffe' have informed the Greffier of the States that they are to be withdrawn –
* Rejection of Planning Application relating to Retreat Farm, La Rue de La P.100/2018. Frontière, St. Mary and Rue des Varvots, St. Lawrence : rescindment of
Lodged: 20th August 2018, Deputy S.M. Wickenden of St. Helier .
* CLodgredied:t-rel 19tated ch Dhececemks.ber 2018, Deputy J.M. Maçon of St. Saviour . P.145/2018
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
WQ.1/2019 1. The Chief Minister will table an answer to a question asked by Senator S.W. Pallett regarding
the States Communications Unit.
WQ.4/2019 2. The Assistant Chief Minister will table an answer to a question asked by Deputy K.F. Morel
of St. Lawrence regarding licences granted to off-Island care providers.
WQ.5/2019 3. The Minister for Treasury and Resources will table an answer to a question asked by Deputy
K.F. Morel of St. Lawrence regarding States expenditure on off-Island and on-Island service providers respectively.
WQ.6/2019 4. The Chief Minister will table an answer to a question asked by Deputy K.F. Morel of
St. Lawrence regarding expenditure on the e-Gov project.
WQ.7/2019 5. The Chief Minister will table an answer to a question asked by Deputy K.F. Morel of
St. Lawrence regarding expenditure on the Government's digital transformation programme. WQ.8/2019 6. The Minister for Treasury and Resources will table an answer to a question asked by Deputy
K.F. Morel of St. Lawrence regarding the tax status of non-resident carers who work in Jersey
to provide live in' care.
WQ.9/2019 7. 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 announcement that 126 members of the Health
and Community Services Department had seen their grades and pay wrongly increased. WQ.10/2019 8. The Chief Minister will table an answer to a question asked by Deputy L.M.C. Doublet of
St. Saviour regarding the lodging of a proposition to require Ministers to assess the impact on
children's rights of every law and regulation.
WQ.11/2019 9. The Chairman of the States Employment Board will table an answer to a question asked by
Deputy L.M.C. Doublet of St. Saviour regarding the provision of a copy of the U.N. Convention on the Rights of the Child to every States of Jersey employee.
WQ.12/2019 10. The Minister for Home Affairs will table an answer to a question asked by the Deputy of
St. John regarding the appointment of firefighters.
WQ.13/2019 11. The Minister for Home Affairs will table an answer to a question asked by Deputy R.J. Ward of St. Helier regarding the development of Pyrotechnic Articles Regulations.
WQ.14/2019 12. The Minister for Health and Social Services will table an answer to a question asked by Deputy
S.M. Ahier of St. Helier regarding the number of hospital consultants who have left Jersey to take up another position in the last 10 years.
WQ.15/2019 13. The Chairman of the States Employment Board will table an answer to a question asked by
Deputy R.J. Ward of St. Helier regarding a review of teachers' terms and conditions of employment.
WQ.16/2019 14. The Minister for Treasury and Resources will table an answer to a question asked by Deputy
R.J. Ward of St. Helier regarding expenditure on Brexit preparations.
WQ.17/2019 15. The Chairman of the States Employment Board will table an answer to a question asked by
Deputy R.J. Ward of St. Helier regarding comparisons between private sector and public sector pay awards.
WQ.18/2019 16. The Minister for Social Security will table an answer to a question asked by Deputy R.J. Ward
of St. Helier regarding the use of zero-hour and short-term contracts in her department. WQ.19/2019 17. 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 treatment at the General Hospital of people with
mental health conditions.
WQ.20/2019 18. The Minister for Home Affairs will table an answer to a question asked by Deputy K.G.
Pamplin of St. Saviour regarding the confinement of children in care to safe places or holding cells.
WQ.21/2019 19. The Minister for Children and Housing will table an answer to a question asked by Deputy
K.G. Pamplin of St. Saviour regarding the waiting list for Islanders seeking accommodation via the Affordable Housing Gateway.
WQ.22/2019 20. The Chief Minister will table an answer to a question asked by Deputy K.G. Pamplin of St.
Saviour regarding the organisations which registered as a charity by the end of 2018.
WQ.23/2019 21. The Minister for the Environment will table an answer to a question asked by Deputy K.G.
Pamplin of St. Saviour regarding incidents of fly-tipping.
WQ.24/2019 22. The Minister for Infrastructure will table an answer to a question asked by Deputy C.S. Alves
of St. Helier regarding expenditure on renting premises for use by States departments.
WQ.25/2019 23. The Minister for Home Affairs will table an answer to a question asked by Deputy C.S. Alves
of St. Helier regarding the use of criminality checks in determining applications for settled status.
WQ.26/2019 24. The Minister for Children and Housing will table an answer to a question asked by Deputy
C.S. Alves of St. Helier regarding the re-establishment of the rent tribunal.
WQ.27/2019 25. The Minister for Social Security will table an answer to a question asked by Deputy C.S. Alves
of St. Helier regarding the use of reciprocal health agreements.
WQ.28/2019 26. The Chairman of the Privileges and Procedures Committee will table an answer to a question
asked by Senator S.Y. Mézec regarding States members' declarations of interest.
WQ.30/2019 27. H.M. Attorney General will table an answer to a question asked by Senator S.Y. Mézec
regarding the Bailiff 's role as Guardian of the Constitution'.
WQ.31/2019 28. The Chief Minister will table an answer to a question asked by Senator S.C. Ferguson regarding
the establishment of the new Growth, Housing and Environment Department.
WQ.32/2019 29. The Chief Minister will table an answer to a question asked by the Connétable of St. Brelade
regarding the level of payments made to interim Directors General.
WQ.33/2019 30. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to
a question asked by Deputy M.R. Higgins of St. Helier regarding financial assistance provided to the Jersey Reds Rugby Club.
WQ.34/2019 31. The Minister for Health and Social Services will table an answer to a question asked by Deputy
M.R. Higgins of St. Helier regarding policy proposals in respect of the primary care sector. WQ.35/2019 32. The Minister for Treasury and Resources will table an answer to a question asked by Deputy
M.R. Higgins of St. Helier regarding the reduction in anticipated fee income from the care
sector in 2018.
WQ.36/2019 33. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St.
Helier regarding the responsibility for enforcement actions undertaken on behalf of the States of Jersey.
- – Oral Questions (120 minutes)
Note: The question submitted by the Deputy of St. Martin , initially numbered Question 6, has been withdrawn since publication of the Principal Order Paper. All other questions have been renumbered accordingly.
OQ.3/2019 1. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for the
Environment –
"Will the Minister request the Council of Ministers, on behalf of the Government of Jersey, to issue a statement to condemn Japan's decision to withdraw from the International Whaling Commission and to resume commercial whaling?"
OQ.12/2019 2. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Treasury
and Resources –
"Will the Minister explain the rationale behind her decision to grant £100,000 to the Jersey College for Girls Foundation for marketing the school to Chinese students and the process by which the bid was made, identifying the Ministers and senior officers involved; and will she state what other bids, if any, were considered at the same time and not prioritised?"
OQ.2/2019 3. Senator S.Y. Mézec will ask the following question of the Chairman of the Privileges and
Procedures Committee –
"Will the Chairman update the Assembly on the progress made by the working party established to examine the role of the Bailiff ; and will he explain when he anticipates this work will culminate in a proposition to be brought before the Assembly?"
OQ.14/2019 4. The Deputy of St. Mary will ask the following question of the Minister for Treasury and
Resources –
"Following the Assembly's decision on 19th July 2017 to move to the next item and to leave the debate on the proposition to introduce waste charges, so as to allow for further consultation and with the debate to resume the following autumn, will the Minister advise what steps, if any, have since been taken to progress matters?"
OQ.1/2019 5. Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Chief Minister –
"What progress has the Chief Minister made in implementing United Nations Convention on the Rights of the Child: compliance of draft Laws and training of States of Jersey employees' (P.63/2017), which was adopted by the States on 26th September 2017?"
OQ.10/2019 6. The Connétable of St. Brelade will ask the following question of the Minister for Treasury and
Resources –
"Will the Minister explain to members why domiciliary care costs were not exempted from G.S.T. prior to 1st January 2019?"
OQ.5/2019 7. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for Health
and Social Services –
"Further to the appointment of the new Director General of Health and Community Services, will the Minister provide an update on the appointment of a Director of Community and Adult Services and a Head of Health Modernisation following the end of the six-month interim contracts of the current postholders?"
OQ.15/2019 8. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Health and
Social Services –
"Further to comments made to the media by a leading Pain Consultant, reported on 19th November 2018, regarding the use of medicinal cannabis, is it the Minister's assessment that consultants who indicate they will not act in accordance with the decisions of the Assembly should remain in the employment of the States of Jersey?"
OQ.7/2019 9. Deputy S.M. Ahier of St. Helier will ask the following question of the Minister for Health and
Social Services –
"Will the Minister advise the Assembly whether hospital prescriptions issued by the Accident and Emergency Department, when filed outside the hospital at local pharmacies (due to the hospital pharmacy being closed), are treated as private prescriptions and incur a charge; and if so, will the Minister explain why, given that G.P. prescription items are free of charge?"
OQ.4/2019 10. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"Given that the Island's vehicle, passenger and roll-on, roll-off' freight ferry service provider is reportedly for sale this year, will the Minister undertake any investigation into the States nationalising, or taking a controlling interest in, the service in order to ensure a secure and reliable ferry service for the Island?"
OQ.11/2019 11. The Connétable of St. Brelade will ask the following question of the Minister for Home
Affairs –
"Will the Minister advise members what contingency plans, if any, are in place in the event of drones being sighted in positions to compromise safety at Jersey Airport?"
OQ.9/2019 12. Senator S.Y. Mézec will ask the following question of the Chairman of the Privileges and
Procedures Committee –
"Will the Chairman explain what consideration, if any, his Committee has given to the provisions of Standing Orders which govern how questions from elected States members are either approved or disallowed; and will he undertake to consider an amendment to Standing Orders that would explicitly allow members a right of appeal when they believe Standing Orders have been wrongly enforced in disallowing a question?"
OQ.6/2019 13. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for Health
and Social Services –
"Will the Minister advise what plans, if any, are in place to support Islanders' medical needs, including the delivery of medical supplies to the Island and the transfer of patients and their families in and out of the Island, in the event of a No Deal Brexit' on 29th March 2019?"
OQ.13/2019 14. 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 advise whether any additional funding is planned to be provided to the Jersey Reds Rugby Club, other than the additional funds already announced, and whether there are any plans to have a full States-sponsored rugby team; and if so, under what terms?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Education
2nd question period – Minister for Economic Development, Tourism, Sport and Culture
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
The Minister for External Relations will make a statement regarding preparations for Brexit. The Chief Minister will make a statement regarding public sector industrial action.
- PUBLIC BUSINESS
Draft Financial Regulation (Miscellaneous Provisions No. 5) (Jersey) Law P.138/2018. 201-.
Lodged: 19th November 2018, Chief Minister.
Draft Financial Regulation (Miscellaneous Provisions) (Amendment of Laws) P.139/2018. (Jersey) Regulations 201-.
Lodged: 19th November 2018, Chief Minister.
Draft Public Employees (Pension Scheme) (Miscellaneous Amendments) P.141/2018. (Jersey) Regulations 201-.
Lodged: 30th November 2018, States Employment Board.
Draft Air Navigation (Rules of the Air) (Amendment) (Jersey) Regulations P.142/2018. 201-.
Lodged: 4th December 2018, Minister for External Relations.
* Children (Jersey) Law 2002: repeal of Article 79 (P.144/2018) – comments. P.144/2018. Presented: 14th January 2019, Minister for Children and Housing. Com.
- ARRANGEMENT OF PUBLIC BUSINESS 29th January 2019
Draft Damages (Jersey) Law 201-. P.131/2018. Lodged: 24th October 2018, Chief Minister.
* Draft Damages (Jersey) Law 201- (P.131/2018): amendment. P.131/2018. Lodged: 14th January 2019, Chief Minister. Amd.
Jersey Overseas Aid Commission: appointment of non-States P.147/2018. Commissioner.
Lodged: 27th December 2018, Minister for International Development.
12th February 2019
Draft European Union (United Kingdom Exit – Miscellaneous Amendments) P.148/2018. (Jersey) Regulations 201-.
Lodged: 28th December 2018, Minister for External Relations.
* Draft Amendment (No. 38) of the Standing Orders of the States of Jersey. P.1/2019. Lodged: 14th January 2019, Privileges and Procedures Committee.
* JerLodgseed:y E 14tmph loyJanmuarenty and 2019D, iMscirniimstienar ftoir Socon Triiabul Secnauril: appty. ointment of members. P.2/2019.
* CLodgredited:-r 15telath ed chJanuarecyks. 2019, Deputy J.M. Maçon of St. Saviour . P.3/2019.
* DLodgrafted: Am 15tendh Jmanenuart (yN 2019o. 39, )C ohaif the Srmentand's Coming Omirderttee. s of the States of Jersey. P.4/2019.
DR. M. EGAN Greffier of the States
14th January 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 16th and Thursday 17th January 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 10th January 2019, or an item which has been altered or moved.