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STATES OF JERSEY ORDER PAPER
22nd OCTOBER 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 Economic Development, Tourism, Sport and two Ministers Culture
Chief Minister
Statements (if any)
Approx. 12.10 p.m. Draft Banking Business (Depositors Compensation) (Amendment
No. 2) (Jersey) Regulations 201- (P.81/2019)
Government Plan: assessments of planned efficiency savings (P.88/2019)
Government Plan: assessments of planned efficiency savings (P.88/2019) – amendment (P.88/2019 Amd.)
Draft Shops (Regulation of Opening) (Amendment) (Jersey) Regulations 201- (P.93/2019)
Draft Criminal Procedure (Jersey) Law 2018 (Appointed Day) (No. 2) Act 201- (P.95/2019)
Draft Criminal Procedure (Transitional Provisions) (Jersey) Regulations 201- (P.96/2019)
Draft Criminal Procedure (Qualifying Offences) (Jersey) Regulations 201- (P.97/2019)
Draft Criminal Procedure (Form of Oath) (Jersey) Regulations 201- (P.98/2019)
Draft Employment (Amendment No. 11) (Jersey) Law 201- (P.100/2019)
Draft Employment (Amendment No. 11) (Jersey) Law 201- (P.100/2019): amendment (P.100/2019 Amd.)
Draft Employment (Amendment No. 11) (Jersey) Law 201- (P.100/2019): third amendment (P.100/2019 Amd.(3))
Employment (Jersey) Law 2003: review of parental leave rights amendments (P.54/2019)
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 23rd and Thursday 24th October 2019 if necessary.
STATES OF JERSEY ORDER PAPER
22nd OCTOBER 2019
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
States of Jersey (Transfer of Responsibilities and Functions) (Health and R&O.100/2019. Social Services to Children and Housing) Order 2019.
Animal Health and Welfare (EU – Miscellaneous Amendments) (Jersey) R&O.106/2019. Order 2019.
Health Care (Registration) (Prescribed Qualifications) (Amendment No. 6) R&O.107/2019. (Jersey) Order 2019.
- DOCUMENTS PRESENTED
Employment (Jersey) Law 2003: review of parental leave rights amendments P.54/2019. (P.54/2019) – comments. Com. Presented: 11th October 2019, Minister for Social Security.
Draft Shops (Regulation of Opening) (Amendment) (Jersey) Regulations 201- P.93/2019. (P.93/2019): comments. Com. Presented: 15th October 2019, Comité des Connétable s.
Jersey Gambling Commission: re-appointment of Chair and Commissioners. R.129/2019. Presented: 16th October 2019, Minister for Economic Development, Tourism,
- NOTIFICATION OF LODGED PROPOSITIONS
Government Plan 2020–2023 (P.71/2019): amendment. P.71/2019. Lodged: 11th October 2019, Deputy G.P. Southern of St. Helier . Amd. Draft Employment (Amendment No. 11) (Jersey) Law 201- (P.100/2019): P.100/2019. amendment (P.100/2019 Amd.) – amendment. Amd.Amd. Lodged: 15th October 2019, Deputy of St. Peter .
Draft Employment (Amendment No. 11) (Jersey) Law 201- (P.100/2019): P.100/2019. third amendment. Amd.(3) Lodged: 8th October 2019, Deputy of St. Martin . (re-issue)
Draft Social Security (Amendment of Law No. 11) (Jersey) Regulations 201-. P.110/2019. Lodged: 14th October 2019, Minister for Social Security.
- 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 –
Parish Assemblies: revised arrangements. P.92/2019. Lodged: 2nd September 2019, Senator S.Y. Mézec .
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
WQ.429/2019 1. The Minister for Social Security will table an answer to a question asked by Deputy R.J. Ward
of St. Helier regarding the preparations to support those on low incomes following Brexit. WQ.430/2019 2. The Minister for Infrastructure will table an answer to a question asked by Deputy R.J. Ward
of St. Helier regarding the contract for the Island's bus service.
WQ.431/2019 3. The Assistant Chief Minister will table an answer to a question asked by Deputy R.J. Ward of
St. Helier regarding the use of digital identification by the Government of Jersey.
WQ.432/2019 4. The Chief Minister will table an answer to a question asked by Deputy R.J. Ward of St. Helier
regarding a recent speech given by the Chief Executive to the Chamber of Commerce. WQ.433/2019 5. The Minister for the Environment will table an answer to a question asked by Deputy R.J.
Ward of St. Helier regarding the monitoring of air quality.
WQ.434/2019 6. 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 resourcing of diabetes services.
WQ.435/2019 7. 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 clinical psychologists specialising in diabetes.
WQ.436/2019 8. 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 provision for a consultant paediatric diabetologist. WQ.437/2019 9. The Dean will table an answer to a question asked by Deputy K.G. Pamplin of St. Saviour
regarding the proposal that the Deanery of Jersey be attached to the Diocese of Salisbury. WQ.438/2019 10. The Minister for Health and Social Services will table an answer to a question asked by Deputy
K.G. Pamplin of St. Saviour regarding the Health Care (Registration) (No. 5) (Jersey)
Regulations 2019.
WQ.439/2019 11. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to
a question asked by Deputy K.G. Pamplin of St. Saviour regarding the grant to Serco (Jersey) Limited.
WQ.440/2019 12. The Minister for Education will table an answer to a question asked by Deputy K.G. Pamplin
of St. Saviour regarding the education of students about harassment laws.
WQ.441/2019 13. The Minister for Infrastructure will table an answer to a question asked by the Connétable of
St. Helier regarding the proposed conversion of Piquet House.
WQ.442/2019 14. The Minister for the Environment will table an answer to a question asked by the Connétable
of St. Helier regarding the North of Town Masterplan.
WQ.443/2019 15. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to
a question asked by Deputy G.P. Southern of St. Helier regarding the development of a productivity plan.
WQ.444/2019 16. The Chair of the States Employment Board will table an answer to a question asked by Deputy
G.P. Southern of St. Helier regarding the payment of the living wage by contractors of the Government of Jersey.
WQ.445/2019 17. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to
a question asked by the Connétable of St. Brelade regarding Jersey's sea and air links with France.
WQ.446/2019 18. The Minister for External Relations will table an answer to a question asked by the Deputy of St. Peter regarding arrangements for the administration of pooled accounts'.
WQ.447/2019 19. The Minister for Education will table an answer to a question asked by Deputy M. Tadier of
St. Brelade regarding the Jersey Music Service.
WQ.448/2019 20. The Chief Minister will table an answer to a question asked by Deputy M. Tadier of St.
Brelade regarding public sector pay.
WQ.449/2019 21. The Minister for Health and Social Services will table an answer to a question asked by Deputy
M. Tadier of St. Brelade regarding the cost of G.P. visits.
WQ.450/2019 22. The Minister for Infrastructure will table an answer to a question asked by Deputy M. Tadier
of St. Brelade regarding statistics on road collisions.
WQ.451/2019 23. The Minister for External Relations will table an answer to a question asked by Deputy M.
Tadier of St. Brelade regarding the role of the Bailiff as President of the States.
WQ.452/2019 24. The Minister for Health and Social Services will table an answer to a question asked by Deputy
K.F. Morel of St. Lawrence regarding the provision of services for deaf Islanders.
WQ.453/2019 25. The Minister for Health and Social Services will table an answer to a question asked by Deputy
K.F. Morel of St. Lawrence regarding the prescription of medicines by pharmacists. WQ.454/2019 26. 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 reviews undertaken of the Diabetes Service. WQ.455/2019 27. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to
a question asked by Deputy K.F. Morel of St. Lawrence regarding the consolidation of
economic functions in one department.
WQ.456/2019 28. The Chief Minister will table an answer to a question asked by Deputy J.H. Perchard of St.
Saviour regarding the development of an Equalities ministerial portfolio.
WQ.457/2019 29. The Chief Minister will table an answer to a question asked by Deputy J.H. Perchard of St.
Saviour regarding the stance of the Government of Jersey in relation to the death penalty when conducting external relations.
WQ.458/2019 30. The Minister for Education will table an answer to a question asked by Deputy J.H. Perchard
of St. Saviour regarding the provision of school meals.
WQ.459/2019 31. The Minister for International Development will table an answer to a question asked by
Deputy J.H. Perchard of St. Saviour regarding the process by which African nations are chosen as recipients of aid by the Jersey Overseas Aid Commission.
WQ.460/2019 32. The Minister for International Development will table an answer to a question asked by
Deputy J.H. Perchard of St. Saviour regarding the development of educational establishments in other countries through Jersey Overseas Aid projects.
WQ.461/2019 33. 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 care offered to spinal cord injury patients. WQ.462/2019 34. The Minister for the Environment will table an answer to a question asked by Deputy K.F.
Morel of St. Lawrence regarding the prospective introduction of a Head of Sustainability'
role.
WQ.463/2019 35. The Minister for Treasury and Resources will table an answer to a question asked by Deputy
K.F. Morel of St. Lawrence regarding the calculation by Andium Homes of its rental levels. WQ.464/2019 36. The Minister for Health and Social Services will table an answer to a question asked by Deputy
G.P. Southern of St. Helier regarding access by vulnerable people to primary care services. WQ.465/2019 37. 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 Target Operating Model and efficiency savings
identified for the Department of Health and Community Services.
WQ.466/2019 38. 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 maintenance of equipment loaned out by his department.
WQ.468/2019 39. H.M. Attorney General will table an answer to a question asked by Deputy M.R. Higgins of
St. Helier regarding the compatibility of police complaints legislation with the European Convention on Human Rights.
WQ.469/2019 40. The Minister for Home Affairs will table an answer to a question asked by Deputy M.R.
Higgins of St. Helier regarding the employment of ex-police officers by the States of Jersey Police.
WQ.470/2019 41. The Minister for Home Affairs will table an answer to a question asked by Deputy M.R.
Higgins of St. Helier regarding the introduction of an obligation that complainants be interviewed as part of police complaints procedures.
WQ.471/2019 42. The Minister for Home Affairs will table an answer to a question asked by Deputy M.R.
Higgins of St. Helier regarding the number of police complaints investigations over the last five years in which the complainant was not interviewed.
WQ.472/2019 43. 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 care pathways available to women diagnosed with maternal mental health disorders.
WQ.473/2019 44. The Minister for Home Affairs will table an answer to a question asked by Deputy L.M.C.
Doublet of St. Saviour regarding the administration and registration of key life events.
- – Oral Questions (120 minutes)
OQ.265/2019 1. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Health
and Social Services –
"What measures, if any, does the Minister have under consideration to reduce the level of G.P. consultation fees, and to what timescale; and furthermore, what steps is the Minister considering taking to improve the affordability of access to primary care for those with greatest clinical or financial need?"
OQ.263/2019 2. Deputy M.R. Higgins of St. Helier will ask the following question of the Chair of the States
Employment Board –
"Will the Chair inform the Assembly of the current status of the dispute between Mr. Al Witry and the States Employment Board?"
OQ.250/2019 3. Deputy J.H. Perchard of St. Saviour will ask the following question of the Minister for
Economic Development, Tourism, Sport and Culture –
"Further to Written Question 165/2019, will the Minister advise when he anticipates that adequate facilities will be provided for the Jersey Netball Association, especially given that it will have nowhere to train from April 2020?"
OQ.261/2019 4. Senator K.L. Moore will ask the following question of the Chair of the States Employment
Board –
"Will the Chair commit to inviting The HR Lounge to return to the Island and conduct a follow-up review of the States of Jersey?"
OQ.256/2019 5. The Deputy of St. Peter will ask the following question of the Chief Minister –
"As the Damages (Jersey) Law 2019 has now been in force for several months, will the Chief Minister update the Assembly on the outcomes to date of the Law's implementation?"
OQ.267/2019 6. Deputy M.R. Le Hegarat of St. Helier will ask the following question of the Minister for
Health and Social Services –
"Following the response to Written Question 256/2019, will the Minister advise whether Continuous Glucose Monitoring for children continues to be funded by Diabetes Jersey and not Heath and Community Services; and if that is the case, whether the department intends to assume responsibility for the funding and, if so, when?"
OQ.254/2019 7. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for
Infrastructure –
"Further to responses given by the Minister for Health and Social Services at the Assembly's last meeting about the work to be undertaken on Clinique Pinel, will the Minister advise what he will do, if anything, to ensure that the plans for this work are administered and progressed without delay?"
OQ.257/2019 8. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for
Infrastructure –
"Why is there effectively an extra charge for paying for a monthly bus pass (costing £50) compared to paying for a yearly pass over 12 months (which equates to £41.25 per month), the difference adding up to an extra £105 each year?"
OQ.252/2019 9. The Connétable of St. Martin will ask the following question of the Minister for External
Relations –
"Will the Minister outline the estimated proportion of the total cost of a specialist border inspection post in Normandy post-Brexit which the Government of Jersey has promised to cover?"
OQ.259/2019 10. Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for Social
Security –
"As 61% of respondents to the Living Today, Thinking Ahead' survey said they would accept reductions in other working age contributory benefits in order to pay for any increase to parental benefits, did the Minister consider implementing such reductions when deciding on the method of paying for the transformation of Maternity Allowance into Parental Allowance; and if so, how much did she conclude could be raised for the Parental Allowance?"
OQ.258/2019 11. Deputy R.J. Ward of St. Helier will ask the following question of the Chair of the States
Employment Board –
"Is the States Employment Board still honouring the Joint Council Framework Agreement that was signed in December 2014; and if not, when was the decision taken not to do so and what assessment has been made of the consequences?"
OQ.264/2019 12. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Home
Affairs –
"How does the States of Jersey Police deal with cases in which people who are unable to secure help from mental health professionals to respond to a family emergency are instead required to involve the Police, by making allegations, in order to ensure that the family member who is mentally unwell is taken into custody to receive the care they need?"
OQ.251/2019 13. Deputy J.H. Perchard of St. Saviour will ask the following question of the Chief Minister –
"To what maximum size is the Government of Jersey willing to let the population grow, irrespective of the means of growth?"
OQ.266/2019 14. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social
Security –
"Is it the Minister's assessment that Figure 40 of the Government Plan indicates that effective employer contribution rates will remain regressive after the changes proposed in the Plan have been implemented; and will she advise what consideration, if any, was given to introducing proportionate contributions for higher earners?"
OQ.260/2019 15. Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for Social
Security –
"Is there a difference between the number of people who the Minister's department estimates are eligible to receive the state pension and the number of people who actually claim it; and if so, what is the difference?"
OQ.253/2019 16. The Connétable of St. Martin will ask the following question of the Minister for Health and
Social Services –
"Will the Minister advise whether there are any plans to reintroduce funding for a hyperbaric chamber in Jersey, following the closure of Jersey's previous chamber in June 2018 after funding was withdrawn?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Economic Development, Tourism, Sport and Culture 2nd question period – Chief Minister
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Draft Banking Business (Depositors Compensation) (Amendment No. 2) P.81/2019. (Jersey) Regulations 201-.
Lodged: 14th August 2019, Minister for External Relations.
Government Plan: assessments of planned efficiency savings (P.88/2019) – P.88/2019. amendment. Amd. Lodged: 17th September 2019, Chief Minister.
Government Plan: assessments of planned efficiency savings (P.88/2019) – P.88/2019. amendment (P.88/2019 Amd.) – amendment. Amd.Amd. Lodged: 1st October 2019, Deputy G.P. Southern of St. Helier .
Government Plan: assessments of planned efficiency savings (P.88/2019) – P.88/2019. second amendment. Amd.(2) Lodged: 30th September 2019, Deputy G.P. Southern of St. Helier .
Draft Shops (Regulation of Opening) (Amendment) (Jersey) Regulations P.93/2019. 201-.
Lodged: 6th September 2019, Minister for Economic Development, Tourism,
Draft Shops (Regulation of Opening) (Amendment) (Jersey) Regulations 201- P.93/2019. (P.93/2019): comments. Com. Presented: 15th October 2019, Comité des Connétable s.
Draft Criminal Procedure (Jersey) Law 2018 (Appointed Day) (No. 2) P.95/2019. Act 201-.
Lodged: 9th September 2019, Minister for Home Affairs.
Draft Criminal Procedure (Transitional Provisions) (Jersey) P.96/2019. Regulations 201-.
Lodged: 9th September 2019, Minister for Home Affairs.
Draft Intellectual Property (Unregistered Rights) (Application, Transitional P.99/2019. Provisions and Savings) (Amendment) (Jersey) Regulations 201-.
Lodged: 10th September 2019, Chief Minister.
Draft Employment (Amendment No. 11) (Jersey) Law 201- (P.100/2019): P.100/2019. amendment. Amd. Lodged: 7th October 2019, Economic and International Affairs Scrutiny Panel.
Draft Employment (Amendment No. 11) (Jersey) Law 201- (P.100/2019): P.100/2019. amendment (P.100/2019 Amd.) – amendment. Amd.Amd. Lodged: 15th October 2019, Deputy of St. Peter .
Draft Employment (Amendment No. 11) (Jersey) Law 201- (P.100/2019): P.100/2019. second amendment. Amd.(2) Lodged: 7th October 2019, Connétable of St. Mary . (re-issue)
Draft Employment (Amendment No. 11) (Jersey) Law 201- (P.100/2019): P.100/2019. third amendment. Amd.(3) Lodged: 8th October 2019, Deputy of St. Martin . (re-issue)
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) – comments. Com. Presented: 11th October 2019, Minister for Social Security.
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 .
Employment (Jersey) Law 2003: review of parental leave rights amendments P.54/2019. (P.54/2019): second amendment. Amd.(2) Lodged: 26th September 2019, Deputy L.M.C. Doublet of St. Saviour .
- ARRANGEMENT OF PUBLIC BUSINESS 12th November 2019
5G Network: restrictions on use. P.69/2019. Lodged: 2nd July 2019, Senator S.C. Ferguson.
Draft Rehabilitation of Offenders (Exceptions) (Amendment No. 2) (Jersey) P.104/2019. Regulations 201-.
Lodged: 23rd September 2019, Minister for Home Affairs.
Channel Islands Lottery: allocation of proceeds from 2018. P.105/2019. Lodged: 24th September 2019, Minister for Economic Development, Tourism,
Sport and Culture.
States of Jersey Development Company Limited: re-appointment of Non- P.108/2019. Executive Directors.
Lodged: 7th October 2019, Minister for Treasury and Resources.
26th November 2019
Government Plan 2020–2023. P.71/2019. Lodged: 23rd July 2019, Council of Ministers.
Draft Social Security (Amendment of Law No. 11) (Jersey) Regulations P.110/2019. 201-.
Lodged: 14th October 2019, Minister for Social Security.
10th December 2019
Public Holidays: designation of 28th September from 2021 onwards. P.102/2019. Lodged: 16th September 2019, Deputy M. Tadier of St. Brelade .
21st January 2019
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) P.106/2019. Regulations 201-.
Lodged: 1st October 2019, Minister for the Environment.
DR. M. EGAN Greffier of the States
17th October 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 23rd and Thursday 24th October 2019.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.100/2019.
States of Jersey (Transfer of Responsibilities and Functions) (Health and Social Services to Children and Housing) Order 2019.
This Order transfers certain legislated responsibilities and functions that relate to children from the Minister for Health and Social Services to the Minister for Children and Housing.
Article 1 contains definitions.
Article 2 transfers certain legislated responsibilities and functions that relate to children from the Minister for Health and Social Services to the Minister for Children and Housing. It also makes amendments that are consequential to that transfer.
Article 3 transfers to the Minister for Children and Housing any rights enjoyed and liabilities incurred by the Minister for Health and Social Services in connection with the responsibilities and functions transferred by Article 2.
Article 4 provides for the continuity of any appointment, approval or other decision made, or authority to do anything given, by the Minister for Health and Social Services under the enactments covered by this Order and substitutes the Minister for Children and Housing in any ongoing legal proceedings.
Article 5 sets out the name by which this Order may be cited and states that the Order comes into force on the day after it is made.
The Order was made on 8th October 2019 and came into force on 9th October 2019.
R&O.105/2019.
Animal Health and Welfare (Temporary Continuance of Effect of European Union Legislation) (Jersey) Order 2019.
This Order gives temporary continuing effect to European Union legislation, in the fields of animal health and welfare, that had effect in Jersey immediately before the repeal of the European Union (Jersey) Law 1973, whenever that repeal is brought into force.
Article 1 is the interpretation provision. It defines the "repeal date" as the date and time (whenever they may be) at which the European Union (Jersey) Law 1973 is repealed by the bringing into force of Article 2 of the European Union (Repeal and Amendment) (Jersey) Law 2018.
Article 2 gives continuing effect to any EU legislation that had effect in Jersey immediately before the repeal date and that concerned animal welfare or animal health (including aquatic animals). As is the case before the repeal date, the relevant EU legislation will have effect as it may be amended in future (but see below as to the date on which this Order ceases to have effect).
Article 3 provides for the implementation and enforcement of the EU legislation the effect of which is continued by Article 2. The Minister for the Environment is made the competent authority for the continued EU provisions. Inspectors are given the same powers to enter premises and to stop and enter vehicles, for the purposes of the continued EU provisions, as they have under Article 19 of the Animal Health (Jersey) Law 2016. The Minister is given the same power to serve enforcement notices, for the purposes of the continued EU provisions, as he or she has under Regulation 4 of the EU Legislation (Wild Aquatic Animals – Food and Feed) (Jersey) Regulations 2019. This Article also ensures that deviations in forms are treated in the same way whether the forms are prescribed by EU legislation or Jersey legislation, and in particular that equivalent forms from the United Kingdom can be used or adapted to Jersey. The Article lists 3 diseases of aquatic animals that are to be treated as notifiable diseases for the purpose of the EU Legislation (Aquatic Animal Health) (Jersey) Regulations 2016, regardless of whether they would otherwise be so treated.
Article 4 ensures that the continued EU legislation continues to have the same effect after the repeal date as before, in relation to a list of Jersey enactments in the field of animal health and welfare, as those enactments stood before the repeal date. But the provision is framed so as to ensure that any powers of the Assembly to make Regulations (or of the relevant Minister to make Orders) can be exercised after the repeal date without being restricted by the continued EU legislation (including any powers to amend the listed Jersey enactments). Equally the provision is framed so as to ensure that, after the repeal date, the effects of the continued EU legislation can be disapplied or modified (and this Order can be amended or repealed), again without being restricted by the continued EU legislation.
Article 5 gives the short title by which the Order may be cited.
Article 6 provides for the commencement and expiry of the Order. The Order comes into force at the time and date on which the European Union (Jersey) Law 1973 is repealed. The Order ceases to have effect 9 months after that date.
The Order was made on 8th October 2019 and comes into force in accordance with Article 6.
R&O.106/2019.
Animal Health and Welfare (EU – Miscellaneous Amendments) (Jersey) Order 2019.
This Order makes amendments to various enactments concerning animal health and welfare, to implement the current versions of the relevant European Union legislation and to ensure that references to that legislation remain current in future, including after the United Kingdom leaves the European Union.
Article 1 amends Article 1 (interpretation) of the Artificial Insemination of Domestic Animals (Bovine Semen) (Jersey) Order 2008 to make all the references to Directives ambulatory (an ambulatory reference is one that includes any future amendments).
Article 2 amends the Schedule to the Animal Health (Importation of Miscellaneous Goods and Animals) (Jersey) Order 2017 to add Elephantidae, Hippopotamidae, Rhinocerotidae and Tayassuidae to the list of animals that must not be imported into Jersey without a licence.
Article 3 amends Schedule 1 to the Animal Health (Jersey) Law 2016 to make Ebola in non-human primates a disease to which the Law applies.
Article 4 amends Article 14 of the Diseases of Animals (Bees) (Jersey) Order 2013, which restricts importation of bees, to change the references to a Directive and a Regulation so that they are ambulatory.
Article 5 amends the Community Provisions (Bovine Embryos) (Jersey) Regulations 2010 to change all the references to EU instruments so that they are ambulatory.
Article 6 amends the European Communities Legislation (Implementation) (Cattle Identification) (Jersey) Regulations 2002 to update each of the references to one Regulation, which was repealed and replaced by another, and to render all the references to any EU instruments ambulatory.
Article 7 gives the short title by which the Order may be cited and brings the Order into force 14 days after it is made.
The Order was made on 8th October 2019 and comes into force on 22nd October 2019.
R&O.107/2019.
Health Care (Registration) (Prescribed Qualifications) (Amendment No. 6) (Jersey) Order 2019.
The Health Care (Registration) (Prescribed Qualifications) (Amendment No. 6) (Jersey) Order 201- (the "amending Order") amends the Schedule to the Health Care (Registration) (Prescribed Qualifications) (Jersey) Order 2003 –
- to prescribe qualification requirements for the following registrable occupations (within the meaning of the Health Care (Registration) (Jersey) Law 1995) –
- optometrist independent prescriber,
- paramedic independent prescriber,
- pharmacist independent prescriber,
- physiotherapist independent prescriber,
- podiatrist independent prescriber, and
- therapeutic radiographer independent prescriber; and
- to combine the qualification requirements relating to midwife prescribing practitioners, nurse prescribing practitioners and specialist community public health nurse prescribing practitioners into one entry specifying the qualifications required for nurse independent prescribers, consequent on changes to the nomenclature of those registrable occupations.
A person who is, before the commencement of the amending Order, registered as a midwife prescribing practitioner, nurse prescribing practitioner or specialist community public health nurse prescribing practitioner is taken to be a nurse independent prescriber.
Under the Health Care (Registration) (Jersey) Law 1995, a person is entitled to be registered in respect of a registrable occupation if he or she satisfies the Health and Social Care Commission that he or she holds a prescribed qualification.
The Order was made on 14th October 2019 and came into force on 15th October 2019.
R&O.108/2019.
Medicines (Prescription Only) (Amendment No. 9) (Jersey) Order 2019.
The Medicines (Prescription Only) (Amendment No. 9) (Jersey) Order 2019 (the "amending Order") has the effect of specifying that the following are appropriate practitioners for the purposes of the Medicines (Jersey) Law 1995 –
- any person registered as a supplementary prescriber (being a pharmacist, nurse, midwife, optometrist, chiropodist, podiatrist, physiotherapist or radiographer whose registration indicates that he or she is, or may act as, only a supplementary prescriber);
- any person registered as a nurse independent prescriber or a pharmacist independent prescriber; and
- in relation to certain specified medicinal products only, any person registered as a podiatrist independent prescriber, an optometrist independent prescriber, a physiotherapist independent prescriber, a paramedic independent prescriber or a therapeutic radiographer independent prescriber.
Appropriate practitioners may give prescriptions for, and administer, certain medicinal products. The Order was made on 15th October 2019 and came into force on the same day.
WRITTEN QUESTIONS (See Item I(a))
- The Minister for Social Security will table an answer to the following question asked by Deputy R.J. Ward of St. Helier –
"What preparations, if any, are being made to support those on low incomes following Brexit in the event that there is a rise in prices or a shortage of goods, given that advice has been given by the Government to stock up on essentials?"
- The Minister for Infrastructure will table an answer to the following question asked by Deputy R.J. Ward of St. Helier –
"Will the Minister advise –
- when the contract for the Island's bus service is due for renewal;
- what process will be followed to ensure the contract provides the best service for the Island with a sustainable transport policy at the centre of the outcomes; and
- what steps, if any, he will take personally to ensure that the tendering process is fully transparent?"
- The Assistant Chief Minister will table an answer to the following question asked by Deputy R.J. Ward of St. Helier –
"Further to the answer to Written Question 258/2019, in which it was stated that "further services are planned for launch during 2019 and Yoti remains the strategic partner for digital identity" and that "we also continue to work with Yoti and the private sector to develop services that support the uptake of digital identification in Jersey", what additional services, if any, beyond those mentioned in that response have been implemented this year; and how much of the future budget within the Government Plan for I.T. has been allocated to the Yoti project?"
- The Chief Minister will table an answer to the following question asked by Deputy R.J. Ward of St. Helier –
"Was there a cost to the public purse, in terms of both preparation time and the time spent at the event, of the Chief Executive's recent address to the Chamber of Commerce; and if so, what was the cost?"
- The Minister for the Environment will table an answer to the following question asked by Deputy R.J. Ward of St. Helier –
"Further to the answers to Written Question 282/2019 and Oral Question 203/2019, will the Minister confirm the date when there will be real-time air-monitoring in place around the Island's schools and a network of working sensors around the Island; and will he also confirm where, and how, the resulting information will be accessible by interest groups and the wider public?"
- 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 advise –
- how many diabetes-specialist dietitians there are;
- how these posts are funded;
- how these posts are allocated between Type 1 and Type 2 diabetes;
- whether it is his assessment that there is sufficient resourcing within this service for the number of people who suffer with diabetes;
- if it is his assessment that there is insufficient resourcing, what immediate action, if any, will be taken to rectify the position; and
- when the strategy for the diabetes service will be published?"
- 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 state –
- what provision, if any, is made for clinical psychologists specialising in diabetes to support those children, adolescents, adults and families affected by this disease;
- whether it is his assessment that any such provision is sufficient and, if that is not the case, whether there will be an increase in such support proposed as part of the new diabetes strategy;
- whether he is aware of how such care and support provided in Jersey compares with that provided in the U.K. and, if so, whether that care and support is in line with that found in the U.K.; and
- whether any of the funds allocated to Mental Health will be utilised for this provision?"
- 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 advise –
- what Consultant Paediatric Diabetologist provision, if any, there is in Jersey;
- whether it is his assessment that any such provision is adequate for the needs of the children who suffer with this disease; and
- if it is his assessment that it is not adequate, what consideration has been given by the department to improve the service?"
- The Dean will table an answer to the following question asked by Deputy K.G. Pamplin of St. Saviour –
"Further to the recent publication of a report regarding the relationship between the Church of England in the Channel Islands and the wider church that made seven recommendations, including that the Deaneries of Guernsey and Jersey should in future be attached to the Diocese of Salisbury, will the Dean advise members of his involvement in the process that led to the report and will he explain what implications, if any, it is anticipated there will be for the States?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy K.G. Pamplin of St. Saviour –
"Following the adoption of the Health Care (Registration) (No.5) (Jersey) Regulations 2019 on 8th October 2019, what work has the Minister done, or is doing, to inform all pharmacists and other professionals listed in the Regulations who are now able to prescribe about the changes; and how long does he expect it will take before everyone implicated by the changes is able to dispense, taking into account any training requirements?"
- The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Deputy K.G. Pamplin of St. Saviour –
"Further to the presentation of Organisations receiving grants of over £75,000: 2018 Accounts' (R.127/2019), will the Minister set out the reasons why the grant given to Serco (Jersey) Limited, which runs the Aquasplash swimming pool on behalf of the Government, increased by more than £75,000 from 2017 to total £468,220 in 2018?"
- The Minister for Education will table an answer to the following question asked by Deputy K.G. Pamplin of St. Saviour –
"What work, if any, is done in the Island's schools (both private and non-private) to educate all students, especially male students, about harassment laws and their implications, including sexual harassment either in person or by phone?"
- The Minister for Infrastructure will table an answer to the following question asked by the Connétable of St. Helier –
"Will the Minister explain the justification, decision process and costs of the proposed conversion of Piquet House, Royal Square to become a Family Court (as outlined in the Government Plan) and what alternative uses, if any, were considered?"
- The Minister for the Environment will table an answer to the following question asked by the Connétable of St. Helier –
"Does the Minister intend to implement the North of Town Masterplan; if so, when will implementation be completed; and if not, why not?"
- The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Will the Minister –
- explain to members why a productivity plan to assist those employers in low-wage sectors to improve their productivity in the face of rising costs was not delivered in 2018, when it was first promised, nor in 2019 in order that it might contribute to the review of the minimum wage for 2020 which has just been published; and
- state why a Productivity Support Scheme will not be delivered until 2021, as set out in further information to the Government Plan (R.91/2019, reference CSP3-2-06)?"
- The Chair of the States Employment Board will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Further to the response to Written Question 172/2019, in which the Chair agreed to produce and provide a list of the 104 contracts for the delivery of services worth over £100,000 under which there is a an agreement to pay employees the living wage, along with a list of the 150 contracts which require review, will the Chair now produce a list in order to provide the information in the table as follows?
Service | Department | Company | Value | Start date | Review date |
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- The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by the Connétable of St. Brelade –
"Given that the Island has no air links at all with France and no sea links to France mid-week during the winter period, will the Minister consider incentivising carriers to provide air links and more comprehensive maritime connections with France?"
- The Minister for External Relations will table an answer to the following question asked by the Deputy of St. Peter –
"Will the Minister advise whether he is aware of any confusion within the banking sector over the legal arrangements for the administration of pooled accounts' (namely the ability of a managing agent to have single back account in order to manage the income and expenditure of multiple properties for multiple landlords) and of any difference in advice being provided by banks on how to administer such accounts; is he further aware of any disadvantages facing new entrants into the market as a result of the current legislative regime and, if so, what action, if any, does he intend to take to address such problems?"
- The Minister for Education will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Will the Minister provide figures for the number of students accessing the Jersey Music Service over each of the past ten years to date?"
- The Chief Minister will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Will the Chief Minister agree to ring-fence funds, as part of the Government Plan, for cost-of-living pay adjustments for public sector workers in 2020; if not, will he explain why not; and will he state what funds have been set aside for 2020 for pay adjustments?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Does the Minister have any means of estimating the number of people who do not visit the G.P. due to the cost involved and, if so, will he provide that estimate; will he state whether the issue of an inability to access a G.P. due to cost is a matter under current consideration and, if so, what steps will he take to address this situation?"
- The Minister for Infrastructure will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Will the Minister –
- provide a breakdown of reported collisions that have taken place on Route de la Haule, including a map of where the incidents have occurred, in the past ten years to date; and
- provide a list of the top ten accident hotspots' in the Island in each of the past three years?"
- The Minister for External Relations will table an answer to the following question asked by Deputy
M. Tadier of St. Brelade –
"Following the recommendations of the Clothier Review', the Carswell Review' and the Independent Jersey Care Inquiry that the Bailiff , as the Island's chief justice, should cease to act as President of the States, will the Minister provide his assessment of the impact, if any, that any lack of action by the Government in implementing those recommendations will have on the Island's relations with the international community?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy K.F. Morel of St. Lawrence –
"Further to the response to Written Question 285/2019, will the Minister provide an update on the services and staff his Department provides to support deaf people?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy K.F. Morel of St. Lawrence –
"As pharmacists currently do not have access to medical records and cannot therefore be sure of a person's medical history, will the Minister explain how they will be able to prescribe any medicines safely?"
- 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 –
"Given that the Health and Community Services Department is currently working on the formulation of an Island-wide Diabetes Strategy, will the Minister explain what reviews (both external and internal), if any, are being undertaken (or have been undertaken) as part of this initiative to ensure that the Diabetes Service within secondary care is fit for purpose; and if no external review has been, or is being, completed to help formulate the Strategy, will the Minister commit to such a review and the publication of its findings?"
- The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Deputy K.F. Morel of St. Lawrence –
"Further to comments the Minister has previously made about consolidating economic functions into one department, separate from environment and infrastructure functions, will the Minister state what work he is currently undertaking on this matter; when he expects this change to take effect; and whether he anticipates any costs associated with this change?"
- The Chief Minister will table an answer to the following question asked by Deputy J.H. Perchard of St. Saviour –
"Will the Chief Minister advise whether an Equalities portfolio' is being developed for the role of the Deputy Chief Minister and, if so, will he describe what work, if any, he is currently undertaking on this matter?"
- The Chief Minister will table an answer to the following question asked by Deputy J.H. Perchard of St. Saviour –
"What is the Government of Jersey's official stance on the death penalty in respect of the Island's external relations, in particular relations with countries in which citizens may be sentenced to death for having consensual same-sex intercourse?"
- The Minister for Education will table an answer to the following question asked by Deputy J.H. Perchard of St. Saviour –
"Following the revised answer to Written Question 410/2019, which stated that "the project did not arise from a specific objective", will the Minister –
- explain the process through which the decision – made in 2018 as indicated in the aforementioned answer – to carry out the pilot scheme for school meals came to be made;
- state by whom the "new proposal" (referred to in paragraph 3 of the answer) was prepared and whether any instruction was given by the Minister or Department to prepare it;
- state how much one hot school meal under this pilot will cost the parent / guardian of the child; and
- advise by what process the "exemption from competitive tendering" was "sought and approved" and who was responsible for this decision?"
- The Minister for International Development will table an answer to the following question asked by Deputy J.H. Perchard of St. Saviour –
"By what process are African nations chosen as a recipient of aid, whether financial or otherwise, by the Jersey Overseas Aid Commission?"
- The Minister for International Development will table an answer to the following question asked by Deputy J.H. Perchard of St. Saviour –
"When schools are built in countries such as Ghana and Zambia, as a result of Jersey Overseas Aid (J.O.A.) projects, is teacher-training, curriculum-development, safeguarding and child protection training also funded and / or delivered by J.O.A. in partnership with the respective nation's Education department or Ministry in order to help establish safe, high-quality educational establishments in such countries?"
- 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 provide an update on the work on a formal pathway to improve the care offered in Jersey to spinal cord injury patients, including the timescale for its conclusion?"
- The Minister for the Environment will table an answer to the following question asked by Deputy K.F. Morel of St. Lawrence –
"Are there any plans to introduce a Head of Sustainability' role into the Growth, Housing and Environment Department and if not, why not?"
- The Minister for Treasury and Resources will table an answer to the following question asked by Deputy K.F. Morel of St. Lawrence –
"Will the Minister, as shareholder representative, request confirmation from Andium Homes of the information sources and the methodology it uses to calculate the market rates for the different types of rental accommodation that it offers, in order that it can then calculate the rate of 90% that is the maximum rent it can charge tenants?"
- 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 –
- advise what measures, if any, he has under consideration to meet the objectives contained in the Common Strategic Policy, and reflected in the Government Plan, to improve access for vulnerable people (including children and older people) to all primary care services, including dentistry, and to make it easier and more affordable touse;
- state to what timescale any such work is being undertaken; and
- provide his assessment of the impact that any inability to reduce the cost of a G.P. will have on the capacity to deliver earlier diagnoses and treatment in the community and thereby on the potential size and cost of the Future Hospital?"
- 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 inform members what measures, if any, he has agreed to as part of his departmental Target Operating Model and efficiency savings targets; and will he detail what any such measures mean in terms of service delivery on the front line and what staffing reductions, if any, are involved?"
- 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 state what budget and staff are in place to ensure that medical equipment available for loan from his department are well maintained and fit for purpose; and will he state whether this budget has been altered over the past 5 years?"
- H.M. Attorney General will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Further to the response to Written Question 391/2019, will H.M. Attorney General explain how the lack of a specific obligation in the Police (Complaints and Discipline)(Jersey) Law 1999, the Police (Honorary Police Complaints and Discipline Procedure) (Jersey) Regulations 2000 and the Police Complaints and Discipline Procedure)(Jersey) Order 2000 to interview a complainant, or to ask for any evidence they may have regarding their complaint, is compatible with the European Convention on Human Rights, in particular with the right to a fair hearing?"
- 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 advise members how many ex-police officers, if any, are currently employed by the States of Jersey Police in such sections as the Professional Standards Department and state what the roles of any such employees are and the costs of their employment?"
- The Minister for Home Affairs will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Further to the response to Written Question 391/2019, does the Minister propose to change the Police (Complaints and Discipline)(Jersey) Law 1999, the Police (Honorary Police Complaints and Discipline Procedure) (Jersey) Regulations 2000 and the Police (Complaints and Discipline Procedure)(Jersey) Order 2000 to incorporate a specific obligation that the complainant is to be interviewed or asked to provide evidence as part of an investigation; and if not, why not?"
- The Minister for Home Affairs will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –
"Further to the answer to Written Question 391/2019, will the Minister advise members how many investigations, if any, have been carried out by the Jersey Police Complaints Authority or the States of Jersey Police over the last five years where the complainant has either not been interviewed or their evidence not taken into account; and will he state how many of these cases were based solely on video evidence and further whether the full video evidence was examined?"
- 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 responses during questions without notice on 8th October 2019, will the Minister list the maternal mental health disorders recognised by his department and state what percentage of mothers are diagnosed and treated locally with each of these; and will he state what specialist care is available for each disorder and what improvements, if any, to this service are being considered (including in respect of training provision and increased staff numbers)?"
- The Minister for Home Affairs will table an answer to the following question asked by Deputy L.M.C. Doublet of St. Saviour –
"Further to the response to Oral Question 241/2019, will the Minister –
- detail the instances in which people are treated differently within legislation or policy during the registration and administration of key life events, whether on account of their sex or their sexual orientation;
- advise, in particular, whether there is any difference in treatment between the father and mother of a child, or between a same-sex couple and mixed-sex couple, at the time of the registration of the child's birth and, if so, state what that difference is; and
- commit to review the instances where people are treated differently in order that any such differences arising from the application of legislation and policy are removed?"
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2019 | ||
November 12th | Environment | Treasury and Resources |
November 26th | Children and Housing | Chief Minister |
December 10th | External Relations | Social Security |