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Order Paper 18th June 2019

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STATES OF JERSEY ORDER PAPER

18th JUNE 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 External Relations two Ministers  Chief Minister

Statements (if any)

Approx. 12.10 p.m.  Draft Employment (Amendment No. 11) (Jersey) Law 201- (P.17/2019)  

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201- (P.17/2019): amendment (P.17/2019 Amd.)  

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201- (P.17/2019): amendment (P.17/2019 Amd.) – amendment (P.17/2019 Amd.Amd.)  

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201- (P.17/2019): second amendment (P.17/2019 Amd.(2))  

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201- (P.17/2019):  second  amendment  (P.17/2019 Amd.(2)) –  amendment (P.17/2019 Amd.(2)Amd.)  

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201- (P.17/2019): third amendment (P.17/2019 Amd.(3))  

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201- (P.17/2019):  third  amendment  (P.17/2019 Amd.(3)) –  amendment (P.17/2019 Amd.(3)Amd.)  

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201- (P.17/2019): fourth amendment (P.17/2019 Amd.(4))  

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201- (P.17/2019): fifth amendment (P.17/2019 Amd.(5))

Draft  Public  Employees  (Contributory  Retirement  Scheme) (Compensatory  Added  Years)  (Amendments)  (Jersey)  Regulations 201- (P.37/2019)  

Draft Public Employees (Pension Scheme) (Transitional Provisions, Savings and Consequential Amendments) (Amendment) (Jersey) Regulations 201- (P.38/2019)  

Draft Human Transplantation and Anatomy (Jersey) Law 2018 (Appointed Day) Act 201- (P.48/2019)  

Draft Human Transplantation and Anatomy (Jersey) Regulations 201- (P.49/2019)

Draft International Co-operation (Protection from Liability) (Jersey) Law 2018 (Appointed Day) Act 201- (P.51/2019)  

Bus services: proposals to make free of charge (P.52/2019)  

Bus services: proposals to make free of charge (P.52/2019) – amendment (P.52/2019 Amd.)  

Bus services: proposals to make free of charge (P.52/2019) – second amendment (P.52/2019 Amd.(2))

Bus services: proposals to make free of charge (P.52/2019) – second amendment (P.52/2019 Amd.(2)) – amendment  (P.52/2019 Amd.(2)Amd.)  

Employment (Jersey) Law 2003: review of parental leave rights amendments (P.54/2019)  

Employment (Jersey) Law 2003: review of parental leave rights amendments (P.54/2019) – amendment (P.54/2019 Amd.)  

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 19th and Thursday 20th June 2019 if necessary.

STATES OF JERSEY ORDER PAPER

18th JUNE 2019

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

Money Laundering (Amendment No. 10) (Jersey) Order 2019.  R&O.41/2019. Minister for External Relations.

  1. DOCUMENTS PRESENTED

States  of  Jersey  Law  2005:  delegation  of  functions –  Minister  for  the R.68/2019. Environment – revised delegations June 2019.

Presented: 6th June 2019, Minister for the Environment.

Criminal Injuries Compensation Board: Report and Accounts for 2016–2018. R.69/2019. Presented: 7th June 2019, Minister for Home Affairs.

Jersey Youth Justice Review.  R.70/2019. Presented: 7th June 2019, Minister for Children and Housing.

Channel Islands Financial Ombudsman: Annual Report 2018.  R.71/2019. Presented: 14th June 2019, Minister for Economic Development, Tourism,

Sport and Culture.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201-  (P.17/2019): P.17/2019. amendment (P.17/2019 Amd.) – amendment.  Amd.Amd. Lodged: 10th June 2019, Minister for Social Security.

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201-  (P.17/2019): P.17/2019. second amendment (P.17/2019 Amd.(2)) – amendment.  Amd.(2) Lodged: 11th June 2019, Connétable of St. Mary .  Amd.

Bus services: proposals to make free of charge (P.52/2019) – amendment.  P.52/2019. Lodged: 10th June 2019, Connétable of St. Helier .  Amd.

Bus  services:  proposals  to  make  free  of  charge  (P.52/2019) –  second P.52/2019. amendment.  Amd.(2) Lodged: 11th June 2019, Minister for Infrastructure.

Bus  services:  proposals  to  make  free  of  charge  (P.52/2019) –  second P.52/2019. amendment (P.52/2019 Amd.(2)) – amendment.  Amd.(2) Lodged: 12th June 2019, Connétable of St. Helier .  Amd.

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 .

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 .

Consultants: reporting on their use by the Government of Jersey.  P.59/2019. Lodged: 12th June 2019, Deputy K.F. Morel of St. Lawrence .

Greffier of the States: consent to extension of term of office.  P.60/2019. Lodged: 14th June 2019, Privileges and Procedures Committee.

  1. WITHDRAWAL OF LODGED PROPOSITIONS
  2. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
  3. MATTERS OF PRIVILEGE
  4. PETITIONS
  5. QUESTIONS
  1. Written Questions

(attached)

Note: Written Question 280/2019, submitted by Deputy J.M. Maçon of St. Saviour for the Chief Minister and which has been listed on previous Order Papers, has been withdrawn.

WQ.246/2019  1.  The Chief Minister will table an answer to a question asked by Deputy J.M. Maçon of St.

Saviour regarding the production of guidelines for Jèrriais to be incorporated into official signage and letter headings.

WQ.248/2019  2.  The Chief Minister will table an answer to a question asked by Deputy J.M. Maçon of St.

Saviour regarding the extension of policy underpinning the use of Jèrriais to the courts and bodies wholly or partially owned by the States of Jersey.

WQ.249/2019  3.  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  savings  achieved  through  the  process  of appointments to Tiers 1 and 2 in the public sector.

WQ.250/2019  4.  The Minister for Treasury and Resources will table an answer to a question asked by Deputy

M.R. Le Hegarat of St. Helier regarding departmental expenditure as of the end of April 2019. WQ.251/2019  5.  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 employment of people in the public sector

on an interim basis.

WQ.252/2019  6.  The Minister for Economic Development, Tourism, Sport and Culture will table an answer to

a question asked by the Connétable of St. Martin regarding the partnership with ZTE in relation to Jersey's mobile network.

WQ.254/2019  7.  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 Maternity Voices Partnership.

WQ.255/2019  8.  The Minister for Infrastructure will table an answer to a question asked by Deputy L.M.C.

Doublet of St. Saviour regarding the registration of States-owned sites as outdoor wedding locations.

WQ.256/2019  9.  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 provision of Continuous Glucose Monitors to patients with Type 1 diabetes.

WQ.257/2019  10. The Chief Minister will table an answer to a question asked by Deputy R.J. Ward of St. Helier

regarding Government expenditure on websites, cloud-based web services and online services.

WQ.258/2019  11. The Chief Minister will table an answer to a question asked by Deputy R.J. Ward of St. Helier

regarding the costs of the Yoti digital identification project and the Income Collection and Reconciliation system.

WQ.259/2019  12. The Minister for Treasury and Resources will table an answer to a question asked by Deputy

R.J. Ward of St. Helier regarding the funding provided to Locate Jersey and Jersey Finance Limited.

WQ.260/2019  13. The Minister for Infrastructure will table an answer to a question asked by Deputy R.J. Ward

of St. Helier regarding the anticipated yield from increases to parking charges.

WQ.261/2019  14. The Minister for Social Security will table an answer to a question asked by Deputy G.P.

Southern of St. Helier regarding the recipients of Income Support with no other income. WQ.262/2019  15. The Minister for Health and Social Services will table an answer to a question asked by Deputy

G.P. Southern of St. Helier regarding waiting times for opthamology services.

WQ.263/2019  16. 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 measures taken to ensure that health professionals are adequately qualified.

WQ.264/2019  17. 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 number of people diagnosed with autism.

WQ.265/2019  18. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to

a question asked by Deputy C.S. Alves of St. Helier regarding the labelling of products containing palm oil.

WQ.266/2019  19. The Minister for the Environment will table an answer to a question asked by Deputy C.S.

Alves of St. Helier regarding the information collected by the Government of Jersey in respect of animal vaccinations.

WQ.267/2019  20. The Minister for Home Affairs will table an answer to a question asked by Deputy C.S. Alves

of St. Helier regarding reports of hate crime over the last 3 years.

WQ.268/2019  21. 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 steps taken to ensure that contaminated blood is not donated to patients.

WQ.269/2019  22. The Chief Minister will table an answer to a question asked by Deputy K.G. Pamplin of St. Saviour regarding the government-wide records management programme.

WQ.270/2019  23. The Minister for Home Affairs will table an answer to a question asked by Deputy K.G.

Pamplin of St. Saviour regarding the rationale for moving governance of the Probation Service to the Department of Justice and Home Affairs.

WQ.271/2019  24. The Minister for the Environment will table an answer to a question asked by Deputy K.G.

Pamplin of St. Saviour regarding the protection of the Island's water supplies.

WQ.272/2019  25. 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 respite needs of families with autistic children. WQ.273/2019  26. The Minister for Health and Social Services will table an answer to a question asked by Deputy

G.P. Southern of St. Helier regarding contracts for hospital consultants.

WQ.274/2019  27. The Minister for Social Security will table an answer to a question asked by Deputy G.P.

Southern of St. Helier regarding measures to reduce the cost of primary care.

WQ.275/2019  28. The Minister for Home Affairs will table an answer to a question asked by Deputy M.R.

Higgins of St. Helier regarding the goods produced by prisoners at H.M.P. La Moye. WQ.276/2019  29. The Minister for the Environment will table an answer to a question asked by Deputy M.R.

Higgins of St. Helier regarding the destruction of original documents relating to historic

buildings.

WQ.277/2019  30. The Minister for Treasury and Resources will table an answer to a question asked by Deputy

M.R. Higgins of St. Helier regarding the determination of departmental budgets. WQ.278/2019  31. The President of the Chairmen's Committee will table an answer to a question asked by

Deputy M.R. Higgins of St. Helier regarding prospective changes to the Scrutiny process. WQ.279/2019  32. The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St.

Helier regarding the transfer of powers to the Minister for Children and Housing.

  1. Oral Questions (120 minutes)

OQ.161/2019  1.   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 what measures, if any, he is taking to integrate the use of Artificial Intelligence into healthcare at the General Hospital?"

OQ.156/2019  2.   Deputy I. Gardiner of St. Helier will ask the following question of the Minister for Health and

Social Services –

"Following his answer to my Written Question 241/2019, will the Minister inform members whether all people who are known to have been infected in the Island via elements of donor blood used to treat Haemophilia have been informed?"

OQ.154/2019  3.   Deputy J.H. Perchard of St. Saviour will ask the following question of the Chairman of the

States Employment Board –

"Further to the statement in a press release on 10th June 2019, that "the additional 0.8% increase to consolidated pay that [public sector] unions sought" in pay negotiations is to be "funded through identified reforms" and "sustainable efficiencies", will the Chairman advise what reforms and efficiencies, if any, have been identified to date?"

OQ.162/2019  4.   Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for

Education –

"Will the Minister update the Assembly on the situation regarding the provision of funding to the charity Music in Action for its event, Jersey Sings 2019?"

OQ.152/2019  5.   Deputy M.R. Le Hegarat of St. Helier will ask the following question of the Minister for Home

Affairs –

"Will the Minister advise whether identified vacancies in Police Constable ranks within the States of Jersey Police will be advertised and recruited from within the Island; and if not, why not?"

OQ.167/2019  6.  The Deputy of St. Mary will ask the following question of the Minister for the Environment –

"Having particular regard to the Government's strategic priorities of putting children first and improving Islanders' wellbeing and mental and physical health, will the Minister advise what consideration, if any, has been given to the introduction of measures to restrict smoking in homes where children are in residence; and will he agree to liaise with Andium Homes as to the possibility of introducing restrictions in such cases within their accommodation?"

OQ.166/2019  7.   Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Home

Affairs –

"Will the Minister explain to members what actions, if any, the States of Jersey Police are taking to encourage the victims of sexual abuse to come forward and place their trust in the Police; and will he provide his assessment of how effective any such measures have been in ensuring the public are convinced that the Police investigate all allegations without fear or favour?"

OQ.164/2019  8.   Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social

Security –

"Further to her response to Written Question 261/2019, will the Minister explain to members how the proposals in the Draft Income Support (Amendment No. 19) (Jersey) Regulations 201- (P.56/2019) serve to meet Strategic Priority 4 of the Common Strategic Policy, namely "to reduce income inequality" in households in receipt of Income Support?"

OQ.160/2019  9.   Deputy R.J. Ward of St. Helier will ask the following question of the Minister for the

Environment –

"Further to the answer to Written Question 237/2019, what progress, if any, has been made in relation to air pollution monitoring?"

OQ.158/2019  10. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Treasury

and Resources –

"Will the Minister advise members of the current level of the so-called pre-1987 debt' in respect of public sector pensions; whether she is minded to consider early repayment of this debt from the States' Strategic Reserve; and, if so, what the merits and risks of such an approach are?"

OQ.155/2019  11. Deputy J.H. Perchard of St. Saviour will ask the following question of the Minister for the

Environment –

"In light of the Assembly's agreement that there exists a climate emergency, is it the Minister's assessment that States developments should continue to include the building of underground carparks, given they are predominantly used by carbon-emitting vehicles?"

OQ.163/2019  12. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for

Treasury and Resources –

"What financial directions, or other procedures, are applied to the determination of grants provided by the States to external bodies such as charities or event organisers; and, when notice is to be given that such funding is either to end or continue, what timescale for the notice, if any, do those directions or procedures state must be followed?"

OQ.153/2019  13. Deputy M.R. Le Hegarat of St. Helier will ask the following question of the Minister for Home

Affairs –

"Will the Minister advise who will form the interview panel for appointing the new Chief Officer of the States of Jersey Police; and what consideration, if any, has been given to the independence of the Chief Officer's role when determining the composition of the panel?"

OQ.159/2019  14. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Treasury

and Resources –

"Based on current figures, what would be the net increase in revenue if the 20% personal tax rate were abolished and the 26% marginal rate extended to the taxpayers affected?"

OQ.157/2019  15. Deputy I. Gardiner of St. Helier will ask the following question of the Chief Minister –

"Will the Chief Minister consider establishing an Independent Health Commissioner for Jersey to investigate and help resolve complaints relating to the health system in Jersey and to oversee and audit healthcare processes and procedures?"

OQ.168/2019  16. Deputy M.R. Higgins of St. Helier will ask the following question of the Chairman of the

States Employment Board –

"Will the Chairman advise members whether any failures to adhere to correct procedure have been identified in the recent appointment of interim consultants in the Department of Health and Community Services; and, if so, will he state what actions have been taken and what lessons have been learnt as a result?"

OQ.165/2019  17. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Health

and Social Services –

"Further to his response to Written Question 262/2019, will the Minister commit to publishing waiting lists for healthcare services, breaking them down by speciality and distinguishing between routine and acute / emergency procedures when doing so?"

  1. – Questions to Ministers without notice (30 minutes) – 1st question period – Minister for External Relations 2nd question period – Chief Minister
  1. PERSONAL STATEMENTS
  2. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
  3. PUBLIC BUSINESS

Draft Employment (Amendment No. 11) (Jersey) Law 201-.  P.17/2019. Lodged: 12th February 2019, Minister for Social Security.

Family Friendly Employment Rights.  S.R.9/2019. Presented: 4th June 2019, Economic and International Affairs Scrutiny Panel.

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201-  (P.17/2019): P.17/2019. amendment.  Amd. Lodged: 6th March 2019, Minister for Social Security.

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201-  (P.17/2019): P.17/2019. amendment (P.17/2019 Amd.) – amendment.  Amd.Amd. Lodged: 10th June 2019, Minister for Social Security.

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201-  (P.17/2019): P.17/2019. second amendment.  Amd.(2) Lodged: 10th April 2019, Connétable of St. Mary .

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201-  (P.17/2019): P.17/2019. second amendment (P.17/2019 Amd.(2)) – amendment.  Amd.(2) Lodged: 11th June 2019, Connétable of St. Mary .  Amd.

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201-  (P.17/2019): P.17/2019. third amendment.  Amd.(3) Lodged: 15th April 2019, Minister for Social Security.

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201-  (P.17/2019): P.17/2019. third amendment (P.17/2019 Amd.(3)) – amendment.  Amd.(3) Lodged: 4th June 2019, Economic and International Affairs Scrutiny Panel.  Amd.

Draft  Employment  (Amendment  No. 11)  (Jersey)  Law  201-  (P.17/2019): P.17/2019. fourth amendment.  Amd.(4) Lodged: 4th June 2019, Economic and International Affairs Scrutiny Panel.

Draft Employment (Amendment No. 11) (Jersey) Law 201- (P.17/2019): fifth P.17/2019. amendment.  Amd.(5) Lodged: 4th June 2019, Economic and International Affairs Scrutiny Panel.

Draft Public Employees (Contributory Retirement Scheme) (Compensatory P.37/2019. Added Years) (Amendments) (Jersey) Regulations 201-.

Lodged: 1st April 2019, States Employment Board.

Draft Public Employees (Pension Scheme) (Transitional Provisions, Savings P.38/2019. and Consequential Amendments) (Amendment) (Jersey) Regulations 201-.

Lodged: 1st April 2019, States Employment Board.

Draft Human Transplantation and Anatomy (Jersey) Law 2018 (Appointed P.48/2019. Day) Act 201-.

Lodged: 1st May 2019, Minister for Health and Social Services.

Draft Human Transplantation and Anatomy (Jersey) Regulations 201-.  P.49/2019. Lodged: 1st May 2019, Minister for Health and Social Services.

Draft International Co-operation (Protection from Liability) (Jersey) Law P.51/2019. 2018 (Appointed Day) Act 201-.

Lodged: 14th May 2019, Chief Minister.

Bus services: proposals to make free of charge.  P.52/2019. Lodged: 14th May 2019, Deputy R.J. Ward of St. Helier .

Bus services: proposals to make free of charge (P.52/2019) – amendment.  P.52/2019. Lodged: 10th June 2019, Connétable of St. Helier .  Amd.

Bus  services:  proposals  to  make  free  of  charge  (P.52/2019) –  second P.52/2019. amendment.  Amd.(2) Lodged: 11th June 2019, Minister for Infrastructure.

Bus  services:  proposals  to  make  free  of  charge  (P.52/2019) –  second P.52/2019. amendment (P.52/2019 Amd.(2)) – amendment.  Amd.(2) Lodged: 12th June 2019, Connétable of St. Helier .  Amd.

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 .

  1. ARRANGEMENT OF PUBLIC BUSINESS 2nd July 2019

Establishment of an elected Speaker.  P.47/2019. Lodged: 30th April 2019, Senator J.A.N. Le Fondré.

Housing developments for first-time buyers: allocation criteria.  P.53/2019. Lodged: 15th May 2019, Deputy I. Gardiner of St. Helier .

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 .

16th July 2019

Draft Income Support (Amendment No. 19) (Jersey) Regulations 201-.  P.56/2019. Lodged: 3rd June 2019, Minister for Social Security.

Draft Unlawful Public Entertainments (Jersey) Regulations 201-.  P.57/2019. Lodged: 4th June 2019, Minister for Home Affairs.

Draft Sanctions and Asset-Freezing (Amendment) (Jersey) Law 201-.  P.58/2019. Lodged: 4th June 2019, Minister for External Relations.

Consultants: reporting on their use by the Government of Jersey.  P.59/2019. Lodged: 12th June 2019, Deputy K.F. Morel of St. Lawrence .

Greffier of the States: consent to extension of term of office.  P.60/2019. Lodged: 14th June 2019, Privileges and Procedures Committee.

24th September 2019

Reform of the composition and election of the States.  P.46/2019. Lodged: 23rd April 2019, Privileges and Procedures Committee.  (re-issue)

DR. M. EGAN Greffier of the States

13th June 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 19th and Thursday 20th June 2019.

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

R&O.41/2019.

Money Laundering (Amendment No. 10) (Jersey) Order 2019.

This Order amends the Money Laundering (Jersey) Order 2008 (the "MLO") for the purpose of aligning the MLO with international anti-money laundering standards and methodology.

Article 1 of this Order provides generally for the amendment of the MLO.

Article 2 amends Article 1 of the MLO to substitute, for the purpose of clarifying or updating, certain definitions and to introduce new definitions consequent on other amendments made by this Order.

Article 3 amends the definition of "customer due diligence measures" –

  1. to extend that definition, in respect of customers that are individuals, to measures identifying any person purporting to act on behalf of the customer and verifying the authority of any person purporting so to act; and
  2. to make it clear that the review of existing records for the purpose of on-going monitoring applies particularly in relation to higher risk categories of customers.

Article 4 substitutes certain provisions in Article 10A of the MLO to require a relevant person, who carries on financial services business in a country or territory outside Jersey, to take reasonable steps to comply with the requirements of the MLO to the extent to which the person is legally able to in that country or territory and, if the person cannot comply with the requirements, to require the person to inform the relevant supervisory body and to take other reasonable steps to deal effectively with the risk of money laundering.

Article 5 amends Article 11 of the MLO to require a relevant person to maintain the following additional "appropriate and consistent policies and procedures" –

  1. policies and procedures that are appropriate and consistent having regard to the degree of risk of money laundering taking into account the level of risk identified in a national or sector- specific risk assessment in relation to money laundering carried out in respect of Jersey;
  2. policies and procedures for identifying and assessing risks associated with the development of new products, services or practices, including new delivery mechanisms, and the use of new or developing technologies for new or existing products or services, before the launch of those products, services, practices and technologies;
  3. policies and procedures for determining whether a beneficiary under a life insurance policy is a politically exposed person; and
  4. policies and procedures for managing the risks associated with the conditions under which a customer may utilise a business relationship with the relevant person before the identification of the customer has been completed.

Article 5 also inserts Article 11(6A) of the MLO, which requires a relevant person carrying on casino services to ensure that the customer due diligence information obtained in relation to a customer can be linked to each one-off transaction made by the customer in relation to that business.

Article 6 inserts proposed Article 11A, which imposes additional requirements on financial groups relating to maintaining a programme to prevent and detect money laundering.

Article 7 amends Article 13 of the MLO to permit the identification of a person to be completed as soon as reasonably practicable after the establishment of a business relationship if that is necessary not to interrupt the normal conduct of business, if there is little risk of money laundering occurring and if that risk is effectively managed. Article 7 also updates a cross reference and an external reference.

Article 8 amends Article 14 of the MLO to make it clear that a relevant person is not required to apply identification measures if, in addition to making a report and terminating or not establishing the business relationship or transaction, the relevant person suspects a person of money laundering and reasonably believes that the application of those measures will alert the person to the relevant person's suspicions of money laundering.

Article 9 substitutes Article 15 of the MLO with proposed Articles 15, 15A and 15B. Those Articles specify the circumstances in which enhanced customer due diligence measures are to be applied and require the application of further measures in relation to politically exposed persons and banking relationships outside Jersey.

Article 10 amends Article 16 of the MLO to update certain references.

Article 11 amends Article 16A of the MLO to provide that a relevant person may only rely on a person outside Jersey (who is not an obliged person) to apply certain identification measures if any higher risk of money laundering is adequately mitigated by the policies and procedures applied by the person outside Jersey. Article 11 also updates certain references and makes a consequential amendment.

Article 12 substitutes Articles 17 and 18 of the MLO with proposed Part 3A for the purpose of expressing existing "simplified identification measures" and "simplified customer due diligence measures" as exemptions for certain relevant persons from the requirement to apply third party identification requirements and for the purpose of imposing further obligations on the relevant persons who apply those exemptions.

Article 13 amends Article 19 of the MLO to require a relevant person to keep records including the results of any analysis undertaken in relation to a business relationship or one-off transaction and to provide that all records that are required to be kept are kept in such a manner that they can be made available swiftly (instead of on a timely basis) to certain bodies and persons. Article 13 also updates certain references.

Article 14 gives the title by which this Order may be cited and provides for it to come into force 7 days after it is made.

The Order was made on 5th June 2019 and came into force on 12th June 2019.

WRITTEN QUESTIONS (See Item I(a))

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

"Following the adoption of Jèrriais: promotion by the Public Sector' (P.143/2018), as amended, will the Chief Minister provide an update on the implementation of Part 2(b) of the proposition, namely that, within 4 months, the Council of Ministers would produce guidelines for Jèrriais to be incorporated into all official signage and letter headings produced and used by the public sector in Jersey; and if Part 2(b) has not been implemented, will the Chief Minister explain why not, given that the deadline of 4 months has passed?"

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

"Following the adoption of Jèrriais: promotion by the Public Sector' (P.143/2018), as amended, will the Chief Minister explain when, and how, communication was undertaken with the relevant bodies to ensure implementation of Part 2(d) of the proposition, namely that, in so far as was reasonably practicable, the policy arising from the adoption of P.143/2019 should also extend to the courts and those bodies wholly or partly owned by the States or in receipt of States funding, with implementation plans to be included in their next annual reports?"

  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy M.R. Le Hegarat of St. Helier

"Will the Minister state what annual savings, if any, have been achieved as a result of the appointments which have been made at Tiers 1 and 2 of the public sector, breaking down any such savings by department?"

  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy M.R. Le Hegarat of St. Helier

"Will the Minister provide, for each department, their expenditure as of the end of April 2019, alongside the budget allocation and expenditure forecast for each department for the full year; and will the Minister explain what approach she plans to take in respect of anticipated overspends and underspends at the end of the year?"

  1. The Chairman of the States Employment Board will table an answer to the following question asked by Deputy M.R. Le Hegarat of St. Helier

"Will the Chairman advise –

  1. how many people employed on an interim basis in the public sector, if any, are still so employed;
  2. what the pay scales are of any such people;
  3. how long any such people have been employed and when it is anticipated they will cease to be so employed;
  1. how many Directors General and Directors, if any, have been employed on a permanent basis having initially been employed on an interim basis; and
  2. whether he plans for there to be any further such interim appointments at lower levels of the public sector?"
  1. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by the Connétable of St. Martin –

"In light of the warning from the National Cyber Security Centre to U.K. telecoms operators against using ZTE hardware (citing potential risks to the U.K.'s national security), the current debate in the U.K. regarding the prospective access by Huawei to the mobile network, and the recommendations of the U.S. House of Representatives Permanent Select Committee in Intelligence regarding ZTE, will the Minister advise –

  1. whether it is his assessment that it is appropriate for the partnership with ZTE to remain in place and, if so, why; and
  2. whether measures and mitigations are in place to secure against Jersey's network being compromised?"
  1. The Minister for Health and Social Services will table an answer to the following question asked by Deputy L.M.C. Doublet of St. Saviour

"Further to his response to Written Question 161/2019, will the Minister advise whether the Maternity Voices Partnership has been set up or, if not, when it will be set up; and will he explain what terms of reference are to be used by the Partnership and what outcomes it is predicted will arise from the Partnership's work?"

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

"Will the Minister advise –

  1. which areas of States-owned land have either been registered, or are planned to be registered, as outdoor wedding locations;
  2. what factors are being taken into account as part of the process of determining which locations to register;
  3. what the timescale is for this work, including the expected completion date; and
  4. what level of fees it is expected will be charged for each location?"
  1. The Minister for Health and Social Services will table an answer to the following question asked by Deputy M.R. Le Hegarat of St. Helier

"Will the Minister make funding available in order for patients with Type 1 diabetes to have access to Continuous Glucose Monitors (CGMs) such as Freestyle Libre or Dexcom, as requested by those who signed the e-petition entitled Provide CGM devices and insulin pumps on prescription to all Type 1 diabetics'; and will he ensure that children with Type 1 diabetes are offered insulin pumps, as is currently the case for adults?"

  1. The Chief Minister will table an answer to the following question asked by Deputy R.J. Ward of St. Helier

"Will the Chief Minister advise –

  1. how much has been spent across government (with a breakdown by department) on websites, cloud-based web services and putting services online in each of the past five years; and
  2. what the return on this investment has been so far, and what the projected costs and benefits are over the next five years?"
  1. The Chief Minister will table an answer to the following question asked by Deputy R.J. Ward of St. Helier

"In relation to customers' interaction with government services, will the Chief Minister advise –

  1. what the total cost of the digital ID project and implementing Yoti has been to date and what the ongoing cost will be;
  2. how many government services are currently using Yoti;
  3. how many people have accessed government services using Yoti;
  4. whether the implementation of the Income Collection and Reconciliation (ICAR) system has been completed and rolled out across all departments;
  5. what the total cost of the ICAR project and implementing the ICAR system has been; and
  6. what the benefits of the ICAR system have been to date and what the anticipated expenditure and benefits of the ICAR system over the next five years are?"
  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy R.J. Ward of St. Helier

"What is the total amount of States funding (including any form of grant or award of moneys) over the last 4 years provided to –

  1. Locate Jersey; and
  2. Jersey Finance Limited?"
  1. The Minister for Infrastructure will table an answer to the following question asked by Deputy R.J. Ward of St. Helier

"What is the projected yearly income of increasing parking charges by the following rates per hour (p/h)?

  1. 5p p/h increase;
  2. 10p p/h increase;
  3. 15p p/h increase; and
  4. 20p p/h increase."
  1. The Minister for Social Security will table an answer to the following question asked by Deputy G.P. Southern of St. Helier

"Further to the answer to Written Question 244/2019 on 4th June 2019, will the Minister give the breakdown of the figure of 88% of households on Income Support with their own income to show those with pension income, Long-Term Incapacity Allowance (L.T.I.A.), maintenance and earned income?

Given that the cost of living in Jersey, as measured by RPI, has increased by 32% over the period December 2007 to December 2018, is it the Minister's assessment that the increases in most Income Support components, which have not matched that increase in RPI, have left those households with no other income aside from Income Support worse off over this period and, if not, will she explain why not?

Further, will she explain whether the increases proposed this year in P.56/2019, namely to share the increase between components and disregards, will leave those without other income further behind RPI increases; and how such a measure is consistent with the priorities of the Common Strategic Policy to reduce income inequality?"

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

"Given the published average hospital waiting times for opthamology of 6 weeks, will the Minister explain whether some people have had to wait for more than 12 weeks for a simple cataract operation and, if so, why; and will he breakdown the average' waiting times into average waiting times for emergency procedures and routine ones?"

  1. The Minister for Health and Social Services will table an answer to the following question asked by Deputy C.S. Alves of St. Helier

"What measures, if any, are either currently in place or have been considered to ensure that health professionals are adequately qualified to treat patients in the private sector in areas such as counselling, acupuncture and nutrition?"

  1. The Minister for Health and Social Services will table an answer to the following question asked by Deputy C.S. Alves of St. Helier

"Will the Minister provide a breakdown of the number of adults and children currently diagnosed with autism, indicating their ages; the level of severity; whether they are living independently; the level of care / intervention that is currently in place; whether they are being cared for by family or carers or neither; and will the Minister explain what support services are provided for them and their carers?"

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

"Further to the recent States' agreement that there exists a climate change emergency and the Assembly's decision to work to reduce carbon emissions, and in light of the impact of the palm oil industry on deforestation, will the Minister consider introducing requirements for clear labelling in Jersey of all products containing palm oil?"

  1. The Minister for the Environment will table an answer to the following question asked by Deputy C.S. Alves of St. Helier

"Further to the response to Written Question 225/2019, in which the Minister stated that "there is no requirement for authorised vets to notify the Government of Jersey of the blood tests carried out or the results of any tests", will the Minister state what records or information, if any, are currently collected by the Government from authorised vets regarding animal vaccinations, vaccine reactions and diseases?"

  1. The Minister for Home Affairs will table an answer to the following question asked by Deputy C.S. Alves of St. Helier

"Will the Minister provide an overview of the number of reports of hate crime over the last 3 years, indicating the basis on which each report was made (i.e. in respect of race, religion, sexual orientation, disability, nationality etc.); how many related to the workplace, to private households or to public spaces; the ages of those against whom complaints were brought; and how many reports resulted in prosecution?"

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

"What steps is the Minister's Department taking to ensure that contaminated blood is not donated to patients and, in particular, what changes to procedures in this area, if any, are being considered in light of the Infected Blood Inquiry being undertaken in the United Kingdom?"

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

"Further to the presentation of Public Records (Jersey) Law 2002: Annual Report 2018 on the work of Jersey Heritage and the Archivist' (R.66/2019), will the Chief Minister advise when the government-wide records management programme' started; which departments have so far been involved in the programme and, if not all departments, when the programme will be rolled out to all departments; and what end date, if any, will be applied to the programme?"

  1. The Minister for Home Affairs will table an answer to the following question asked by Deputy K.G. Pamplin of St. Saviour

"Will the Minister explain the purpose and rationale of moving governance of the Probation Service to the Department of Justice and Home Affairs, highlighting in particular what non-budgetary justification there may be for the move?"

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

"In the light of reports of projected major water shortages by 2045, will the Minister explain his Department's policy in respect of protecting the Island's water supplies and discouraging wastage of water on an Island-wide basis, highlighting what targets, if any, to which his Department is working?"

  1. 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 explain what his Department is doing to assist the respite needs of families / single parents with autistic children; and will he further explain what the overall policy is for providing services and support for young people with autism?"

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

"Will the Minister explain whether contracts for hospital consultants in Jersey are based upon similar contracts used by the National Health Service (NHS) in the U.K.; and, if so, will he further explain what differences, if any, there are in the provisions made in Jersey and in the U.K., particularly in respect of the division of publicly and privately paid time and any flexibility to use the former for the latter?"

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

"What measures, if any, does the Minister have under consideration to reduce the cost of primary care, including the cost of G.P. consultations and costs for those with high medical, social or economic needs; and when does the Minister expect to bring any such proposals to the Assembly?"

  1. The Minister for Home Affairs will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier

"Will the Minister outline what goods, including agricultural goods, are produced by prisoners in H.M.P. La Moye and in what quantities they are produced; and will he further explain to whom such goods are sold, the value of any such goods used internally within the prison, and the amount and nature of any such goods which are destroyed?"

  1. The Minister for the Environment will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier

"Will the Minister advise members of the circumstances that lead to the destruction of some 4,000 original documents relating to historic buildings, as indicated in Public Records (Jersey) Law 2002: Annual Report 2018 on the work of Jersey Heritage and the Archivist' (R.66/2019), and will he further explain –

  1. at what level the decision to destroy the records was taken;
  2. what action, if any, was taken against the individuals concerned; and
  3. what steps, if any, have been taken to prevent a re-occurrence;

and will the Minister assure members that no other such documents have since been destroyed, especially any that could be relevant to the ongoing investigation into alleged corruption in his Department?"

  1. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier

"Will the Minister explain the process whereby future departmental budgets have been determined, including the extent of direct Ministerial involvement in that process?"

  1. The President of the Chairmen's Committee will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier

"Will the President explain to members what changes, if any, her Committee proposes to make to the Scrutiny process to make it more effective, following the changes to the way in which the Government is organised and managed?"

  1. The Chief Minister will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier

"Will the Chief Minister explain to members when, if at all, he proposes to transfer legal powers to the Minister for Children and Housing that are currently held by other Ministers, so that one Minister is responsible for the wellbeing of children and to help to prevent further abuse of children in the Island; if he does not propose to do this, will he explain what his rationale is for not doing so; and further explain what action he intends to take instead (and by when)?"

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

 

Questions without notice 2019

1st Session 2019

 

 

July 2nd

Children and Housing

Treasury and Resources

July 16th

Social Security

Chief Minister

 

 

 

2nd Session 2019

 

 

September 10th

Home Affairs

International Development

September 24th

Health and Social Services

Chief Minister

October 8th

Education

Economic Development, Tourism, Sport and Culture

October 22nd

Environment

Chief Minister

November 12th

Treasury and Resources

Children and Housing

November 26th

External Relations

Chief Minister

December 10th

Social Security

Home Affairs