Order Paper 10th December 2019

STATES OF JERSEY ORDER PAPER

10th DECEMBER 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.  Oral questions with notice

Up to 2 hours

Urgent questions (if any)

Up to 30 minutes,  Oral questions without notice:

divided between the  Minister for External Relations two Ministers  Minister for Social Security

Statements (if any)

Approx. 12.10 p.m.  Public Holidays: designation of 28th September from 2021 onwards

(P.102/2019)  

Draft  Children  and  Education  (Amendment)  (Jersey)  Law  201- (P.112/2019)  

Guidelines for Busking in Jersey: proposed changes (P.113/2019)  

Draft  Data  Protection  (Registration  and  Charges)  (Amendment) (Jersey) Regulations 201- (P.114/2019)  

Draft Revenue Administration (Jersey) Law 2019 (Appointed Day) Act 201- (P.115/2019)  

Draft Dormant Bank Accounts (Jersey) Law 2017 (Appointed Day) (No. 2) (Jersey) Act 201- (P.116/2019)  

Jersey  Police  Complaints  Authority:  re-appointment  of  members (P.117/2019)  

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 11th and Thursday 12th December 2019 if necessary.

STATES OF JERSEY ORDER PAPER

10th DECEMBER 2019

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

Dogs (Licence Fee) (Jersey) Order 2019.  R&O.128/2019. Comité des Connétable s.

3. DOCUMENTS PRESENTED

States of Jersey Complaints Board: findings – complaint by Mr. T. Binet and  R.125/2019. Ms.  R.   Binet  against  the  Minister  for  the  Environment  regarding  the  Res. processing of Planning applications by them and the various companies in

which they have significant interests (R.125/2019) – Response of the Minister

for the Environment.

Presented: 5th December 2019, Minister for the Environment.

Non-Ministerial Departments.  R.148/2019. Presented: 5th December 2019, Comptroller and Auditor General.

4. NOTIFICATION OF LODGED PROPOSITIONS

Public Elections: declaration of donations exceeding the current threshold for P.120/2019. declaration in law.

Lodged: 4th December 2019, Connétable of St. Martin .

5. 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 –

5G Network: restrictions on use. P.69/2019. Lodged: 2nd July 2019, Senator S.C. Ferguson.

6. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
7. MATTERS OF PRIVILEGE
8. PETITIONS
9. QUESTIONS

1. – Written Questions(attached)

WQ.535/2019  1.  The Chief Minister will table an answer to a question asked by Deputy J.H. Perchard of St.

Saviour regarding recruitment of the Chair of the Jersey Competition Regulatory Authority.

WQ.536/2019  2.  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 overpayments made by the Minister's department. WQ.537/2019  3.  The Minister for Health and Social Services will table an answer to a question asked by

Deputy R.J. Ward of St. Helier regarding the implementation of the Jersey Care Model. WQ.538/2019  4.  The Minister for Infrastructure will table an answer to a question asked by Deputy R.J. Ward

of St. Helier regarding expenditure on bus shelters.

WQ.539/2019  5.  The Minister for Infrastructure will table an answer to a question asked by Deputy R.J. Ward

of St. Helier regarding the completion of the Eastern Cycle Network.

WQ.540/2019  6.  The Minister for Social Security will table an answer to a question asked by Deputy R.J. Ward

of St. Helier regarding the cost of administering the Income Support system.

WQ.541/2019  7.  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 performance measures and standards in place at Orchard House.

WQ.542/2019  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 the improvements made to Orchard House following the most recent health and safety report.

WQ.543/2019  9.  The Minister for Infrastructure will table an answer to a question asked by Deputy K.G.

Pamplin of St. Saviour regarding the planning application for the work to be undertaken on Clinique Pinel and the surrounding area.

WQ.544/2019  10. The Chief Minister will table an answer to a question asked by Deputy K.G. Pamplin of St.

Saviour regarding the Future Jersey vision.

WQ.545/2019  11. The Minister for Education will table an answer to a question asked by Deputy K.G. Pamplin

of St. Saviour regarding the provision of canteen services at the Island's schools.

WQ.546/2019  12. 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 accessibility of primary care by those people in most need of support.

WQ.547/2019  13. The Minister for the Environment will table an answer to a question asked by the Connétable

of St. Brelade regarding the management of tree numbers in Jersey.

2. – Oral Questions (120 minutes)

OQ.310/2019 1.   Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Health

and Social Services –

"Will the Minister inform members which groups of patients he considers to fall into the three categories of financial, clinical and social vulnerability outlined in the Jersey Care Model and for which he will "consider all opportunities for expanding access" to primary care services; and will he state how many people each such group contains?"

OQ.300/2019 2.  Senator K.L. Moore will ask the following question of the Minister for Education –

"How does the Minister propose to deliver the efficiencies set for her portfolio?"

OQ.309/2019 3.   Deputy M. Tadier of St. Brelade will ask the following question of the Minister for

Infrastructure –

"Further to his answer to Written Question 502/3019 regarding the consultation on the future use of the current Les Quennevais School, in which the Minister stated the consultation "will take place once the options have been developed and are available", will the Minister explain why the consultation cannot take place now as a means of developing options to be shortlisted?"

OQ.298/2019 4.  The Connétable of St. Martin will ask the following question of the Minister for External

Relations –

"In light of the ongoing protests in Hong Kong, and the release of the China Cables showing the mass internment of Muslim minorities in China, will the Minister explain how U.K. Foreign Policy informs the Island's external relations with areas where there are significant Human Rights concerns and whether the Government has considered any policy changes with respect to those external relations?"

OQ.297/2019 5.   Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Minister for

Health and Social Services –

"Given the latest Jersey Opinions and Lifestyle Survey showed that 82% of Islanders think it is important for government to provide support for those suffering from domestic abuse, will the Minister agree to review the funding levels for the Jersey Women's Refuge?"

OQ.296/2019 6.   Deputy K.F. Morel of St. Lawrence will ask the following question of the Chief Minister –

"Given the end of the term of office of the current Chair of the Jersey Competition Regulatory Authority has been known since June, as expressed in R.76/2019, will the Chief Minister explain why a permanent Chair has not since been sought and appointed, resulting in the Government having to appoint an Interim Chair at short notice?"

OQ.304/2019 7.   Deputy C.S. Alves of St. Helier will ask the following question of the Chair of the Comité des

Connétable s –

"Will the Chair explain the reasons for doubling the price of a dog licence; and will she advise whether the cost of any other licences issued by the Parishes, for example gun licences, are also due to increase and, if so, by how much?"

OQ.307/2019 8.   Deputy R.J. Ward of St. Helier will ask the following question of the Minister for Treasury

and Resources –

"Given that new taxpayers pay on a current year basis, what is being done to ensure that part- time and seasonal workers (particularly young people at school, college or university) who earn well below tax thresholds are not being charged at an effective emergency rate of 20%; and, when this happens, what action is taken to return monies to the individuals involved?"

OQ.302/2019 9.   Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for

Education –

"Further to the answer to my written question, WQ.545/2019, what measures are either being taken, or are proposed, to ensure that canteen food across the Island's schools is not only healthy but also affordable for all students?"

OQ.306/2019 10. Senator S.Y. Mézec will ask the following question of the Chair of the Privileges and

Procedures Committee –

"Will the Chair give an update on the work being undertaken by his Committee to implement the recommendations of the Election Observers' Report; and advise when the Assembly can expect to debate legislation to implement these changes?"

OQ.308/2019 11. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for Treasury

and Resources –

"Will the Minister, as shareholder representative, explain what the justification is for annual increases in Andium Homes rents at a time when the States has recognised income inequality as a major issue for the Island; and will she state how much this year's increase in rents will raise and where these monies will go?"

OQ.303/2019 12. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Chief Minister –

"Will the Chief Minister clarify how the new Hospital will be funded and explain whether any assessment has been undertaken of the likely affect on the cost of the Hospital if there were any delays in announcing the final site selection or in the timing of the planning application?"

OQ.305/2019 13. Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for

Education –

"What percentage of the education budget is spent on adult education and what assessment has been made of how this compares with O.E. C.D . member states?"

OQ.301/2019 14. Senator K.L. Moore will ask the following question of the Minister for Infrastructure –

"Following the Assembly's decision to adopt the amendment to the Government Plan relating to an increase in parking charges, how, if at all, does the Minister propose to make an equivalent saving within his portfolio?"

OQ.311/2019 15. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Health

and Social Services –

"Will the Minister state what measures he has under consideration, if any, to improve access to primary care for the vulnerable groups outlined in the Jersey Care Model and what timescale he has for any such measures?"

OQ.299/2019 16. The Connétable of St. Martin will ask the following question of the Minister for Treasury and

Resources –

"Will the Minister state when in 2020 she plans to lodge a further proposition to authorise preparations for the subsequent stages of the move towards phased independent taxation, as outlined in Personal Tax Reforms' (P.119/2019); and when does she estimate that couples who marry, or who enter civil partnerships, will be able to enter automatically the independent tax regime?"

3. – Questions to Ministers without notice (30 minutes) – 1st question period – Minister for External Relations 2nd question period – Minister for Social Security

10. PERSONAL STATEMENTS
11. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
12. PUBLIC BUSINESS

Public Holidays: designation of 28th September from 2021 onwards. P.102/2019. Lodged: 16th September 2019, Deputy M. Tadier of St. Brelade .

Draft Children and Education (Amendment) (Jersey) Law 201-. P.112/2019. Lodged: 21st October 2019, Minister for Children and Housing.

Guidelines for Busking in Jersey: proposed changes. P.113/2019. Lodged: 21st October 2019, Deputy M. Tadier of St. Brelade .

Draft Data Protection (Registration and Charges) (Amendment) (Jersey) P.114/2019. Regulations 201-.

Lodged: 22nd October 2019,  Minister for Economic Development, Tourism,

Sport and Culture.

Draft Revenue Administration (Jersey) Law 2019 (Appointed Day) Act 201-.  P.115/2019. Lodged: 4th November 2019, Minister for Treasury and Resources.

Draft Dormant Bank Accounts (Jersey) Law 2017 (Appointed Day) (No. 2) P.116/2019. (Jersey) Act 201-.

Lodged: 7th November 2019, Minister for External Relations.

Jersey Police Complaints Authority: re-appointment of members. P.117/2019. Lodged: 12th November 2019, Minister for Home Affairs.

13. ARRANGEMENT OF PUBLIC BUSINESS 21st January 2020

Draft Banking Business (Depositors Compensation)  (Amendment No. 2) P.81/2019. (Jersey) Regulations 201-.

Lodged: 14th August 2019, Minister for External Relations.

Draft Rehabilitation of Offenders (Exceptions) (Amendment No. 2) (Jersey) P.104/2019. Regulations 201-.

Lodged: 23rd September 2019, Minister for Home Affairs.

Note: The 2nd reading of the Draft Law will resume, following adoption of the principles on 12th November 2019 and the subsequent referral to the Education and Home Affairs Scrutiny Panel under Standing Order 72(1).

Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) P.106/2019. Regulations 201-.

Lodged: 1st October 2019, Minister for the Environment.

Diversity Working Group. P.118/2019. Lodged: 15th November 2019, Deputy J.M. Maçon of St. Saviour .

Public Elections: declaration of donations exceeding the current threshold P.120/2019. for declaration in law.

Lodged: 4th December 2019, Connétable of St. Martin .

4th February 2020

Personal Tax Reforms. P.119/2019. Lodged: 22nd November 2019, Minister for Treasury and Resources.

DR. M. EGAN Greffier of the States

5th December 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 11th and Thursday 12th December 2019.

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

R&O.128/2019.

Dogs (Licence Fee) (Jersey) Order 2019.

This Order replaces the Dogs (Licence Duty) (Jersey) Regulations 2004 (the "2004 Regulations") and introduces a new £10 dog licence fee which replaces the current £5 duty payable in respect of a licence.

The Dogs (Amendment No. 4) (Jersey) Law 2016 (which came into force on 1st May 2016) preserves the 2004 Regulations under the saving provisions at Article 14(2) of the Dogs (Jersey) Law 1961, until the coming into force of this Order on 1st March 2020 (licences expire at the end of each January under Article 4(2) of the Law).

The combined effect of Articles 5(1) (see further below) and 14(2)(b) of the Law is that, up until the coming into force of this Order, a Centenier keeps the power to accept double payment of the £5 duty prescribed under the 2004 Regulations instead of prosecuting for an offence of keeping a dog without a licence.

The power under Article 14(2)(b) of the Law ceases to have effect on the coming into force of this Order. It is replaced by a power under Article 5(1) of the Law for a Centenier to accept a payment of double the £10 fee, introduced by this Order, instead of beginning proceedings.

The Order was made on 29th November 2019 and comes into force on 1st March 2020.

WRITTEN QUESTIONS (See Item I(a))

1. The Chief Minister will table an answer to the following question asked by Deputy J.H. Perchard of St. Saviour –

"Further to the presentation of Jersey Competition Regulatory Authority: short-term appointment of Chair' (R.144/2019), in which it is stated that the "Department recognises the importance of diversity in the recruitment of a permanent Chair", will the Chief Minister –

1. confirm that the recruitment process for the J.C.R.A. chair will follow standards of best practice in relation to diversity and therefore include short-listing of candidates across the age range and that balances gender representation; and
2. state which members of the Authority, if any, are remunerated from the £300,000 Annual Grant given by the States, and how much of the total of said grant is used to contribute to this remuneration?"

2. The Minister for Social Security will table an answer to the following question asked by Deputy R.J. Ward of St. Helier –

"Will the Minister state –

1. how much money was recovered monthly over the last year from Social Security or Income Support claimants through the repayment of overpayments made by the Minister's department; and
2. how many individual households are currently paying repayments for overpayment of such benefits?"

3. The Minister for Health and Social Services will table an answer to the following question asked by Deputy R.J. Ward of St. Helier –

"Will the Minister advise on what date the Jersey Care Model will be implemented and, in particular, when Islanders are likely to see any change to G.P. fees or access to their G.P. surgery; and will he further explain what changes they will see to their access to primary care and how the Health Insurance Fund will be used to fund the Model?"

4. The Minister for Infrastructure will table an answer to the following question asked by Deputy R.J. Ward of St. Helier –

"How much has the Minister's department spent in total on fitting bus shelters during the course of the last Medium Term Financial Plan; and will the Minister provide a breakdown of the location and individual cost of these bus shelters?"

5. The Minister for Infrastructure will table an answer to the following question asked by Deputy R.J. Ward of St. Helier –

"Will the Minister –

1. state his target date for completion of the Eastern Cycle Network;
2. provide a timeline for subsequent stages to this project; and
3. state what funds are set aside for this project?"

6. The Minister for Social Security will table an answer to the following question asked by Deputy R.J. Ward of St. Helier –

"Will the Minister provide an estimate of the cost of administering the current Income Support system; has she undertaken any assessment of the potential cost of implementing a universal basic level of income and, of so, will she state the potential cost; and, if not, will she commit to undertaking such an assessment?"

7. The Minister for Health and Social Services will table an answer to the following question asked by Deputy K.G. Pamplin of St. Saviour –

"Will the Minister advise what performance measures and standards are currently used for the functions undertaken at Orchard House?"

8. The Minister for Health and Social Services will table an answer to the following question asked by Deputy K.G. Pamplin of St. Saviour –

"Will the Minister update the Assembly on any improvements that have been made to Orchard House in 2019 as a result of the most recent health and safety report and, furthermore, on any changes made in terms of the therapy provided there?"

9. The Minister for Infrastructure will table an answer to the following question asked by Deputy K.G. Pamplin of St. Saviour –

"Will the  Minister update the  Assembly on the  planning application on behalf of Health and Community Services for the work to be undertaken on Clinique Pinel and the surrounding area, incorporating the provision of a place of safety and the transfer of functions from Orchard House?"

10. The Chief Minister will table an answer to the following question asked by Deputy K.G. Pamplin of St. Saviour –

"Will the Chief Minister outline how, if at all, Future Jersey relates to the new Target Operating Models, the One Gov programme and the Common Strategic Policy; and will he state whether there will be any update on, or follow-up to, the Future Jersey vision?"

11. The Minister for Education will table an answer to the following question asked by Deputy K.G. Pamplin of St. Saviour –

"Will the Minister provide a breakdown of all providers of canteen / food services at Island schools, indicating what the point-of-sale costs pupils pay for those services are and showing where any price rises have occurred in the last two years?"

12. The Minister for Health and Social Services will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

"Notwithstanding the Assembly's rejection of the amendment to the Government Plan 2020–2023, P.71/2019 Amd., will the Minister –

1. inform members of his assessment of which vulnerable people constitute those in the most need of support' and who would therefore benefit most from a reduction in the level of co- payment for G.P. patients;
2. commit to removing the barriers to accessing G.P. services for patients who are financially, clinically or socially vulnerable, as defined within the Jersey Care Model, by the end of 2020 and state what sums he will allocate to reducing G.P. consultation fees from the £12.7 million allocated to improve wellbeing (as shown in Table 57 of the Government Plan); and
3. state, in particular, what additional funding (and from which source it will come) he has under consideration for any increased provision of primary care, as indicated on Page 18 of the Jersey Care Model?"

13. The Minister for the Environment will table an answer to the following question asked by the Connétable of St. Brelade –

"Will the Minister advise –

1. what controls, if any, there are in law or policy to manage and maintain tree numbers in the Island; and
2. whether his department will undertake a tree survey in the Island?"

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