Order Paper 26th March 2019

STATES OF JERSEY ORDER PAPER

26th MARCH 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 International Development two Ministers  Chief Minister

Statements (if any)

Approx. 12.10 p.m.  Draft European Union (Wines, Spirits, Milk and Dairies – Savings)

(Jersey) Regulations 201- (P.14/2019)

Draft  European  Union  (United  Kingdom  Exit –  Alternative Investment Funds) (Jersey) Regulations 201- (P.15/2019)

Draft Restriction on Smoking (Warning Notices) (Amendment for UK Exit from EU) (Jersey) Regulations 201- (P.16/2019)

Jersey Law Revision Board: appointment of member (P.19/2019)  Consolidated Fund: increase in States expenditure in 2019 (P.20/2019)  

Draft Commissioner for Children and Young People (Jersey) Law 201- (P.18/2019)  

Rate Appeal Board: re-appointment of members (P.22/2019)  Justice and Home Affairs: cessation of restructure (P.24/2019)

Justice  and  Home  Affairs:  cessation  of  restructure  (P.24/2019)  – amendment (P.24/2019 Amd.)

Investment Appraisal Board: 2 week notice period (P.25/2019)  

Investment  Appraisal  Board:  2 week  notice  period  (P.25/2019)  – amendment (P.25/2019 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 27th and Thursday 28th March 2019 if necessary.

STATES OF JERSEY ORDER PAPER

26th MARCH 2019

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

Social Security (Miscellaneous Provisions No. 6) (Jersey) Order 2019.  R&O.18/2019. Minister for Social Security.

Road Traffic (Public Parking Places) (Amendment No. 15) (Jersey) Order  R&O.23/2019. 2019.

Minister for Infrastructure.

EU Legislation (Sanctions – Guinea) (Jersey) Order 2019.  R&O.24/2019. Minister for External Relations.

3. DOCUMENTS PRESENTED

Justice and Home Affairs: cessation of restructure (P.24/2019) – comments.  P.24/2019. Presented: 21st March 2019, Minister for Home Affairs.  Com.

States of Jersey Complaints Board: findings – complaint by Mrs. X against the  R.4/2019. Health and Community Services Department regarding the way in which her  Res. complaint was processed (R.4/2019) – response of the Minister for Health and

Social Services.

Presented: 22nd March 2019, Minister for Health and Social Services.

The States as Shareholder – Follow-up.  R.25/2019. Presented: 14th March 2019, Comptroller and Auditor General.

Organisations receiving grants of over £75,000: 2017 Accounts.  R.26/2019. Presented: 14th March 2019, Minister for Treasury and Resources.

Fiscal Policy Panel: re-appointment of member.  R.27/2019. Presented: 14th March 2019, Minister for Treasury and Resources.

Jersey Electricity: Report and Accounts 2018 – Turning the Tide for a Low  R.28/2019. Carbon Island.

Presented: 19th March 2019, Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) –  R.29/2019.

1. Weighbridge Park, St. Helier – leases;
2. Apartment No. 7, Block F, Maison d'Azette, St. Clement – transfer of the

Public's flying-freehold ownership and cancellation of existing 99-year

lease;

3. Apartment No. 10, Block F, Les Quennevais Park, St. Brelade – transfer

of the Public's flying-freehold ownership and cancellation of existing 99-

year lease.

Presented: 19th March 2019, Minister for Infrastructure.

Public Lotteries: report for 2018.  R.30/2019. Presented: 19th March 2019, Minister for Economic Development, Tourism,

Sport and Culture.

4. NOTIFICATION OF LODGED PROPOSITIONS

Justice and Home Affairs: cessation of restructure (P.24/2019) – amendment.  P.24/2019. Lodged: 19th March 2019, Connétable of St. Lawrence .  Amd.

Investment Appraisal Board: 2 week notice period (P.25/2019) – amendment.  P.25/2019. Lodged: 14th March 2019, Deputy J.M. Maçon of St. Saviour .  Amd.

Elected Speaker and Deputy Speaker of the States Assembly: selection and  P.31/2019. appointment.

Lodged: 14th March 2019, Senator S.Y. Mézec .

Jersey Police Complaints Authority: re-appointment of members.  P.32/2019. Lodged: 15th March 2019, Minister for Home Affairs.

Le Port Car Park, St. Peter : rescindment of parking restrictions.  P.33/2019. Lodged: 15th March 2019, Senator S.W. Pallett.

Proposed merging of Liberation Square and the Weighbridge: cessation of  P.34/2019. project.

Lodged: 21st March 2019, Deputy J.M. Maçon of St. Saviour .

5. WITHDRAWAL OF LODGED PROPOSITIONS

In accordance with Standing Order 34(1), the proposer of the following proposition lodged au Greffe' has informed the Greffier of the States that it is to be withdrawn –

Island  Plan (revised)  2011: site  to  be  rezoned  for  Category A  housing – P.13/2019. Field 632 and part of Field 559, La Route du Manoir, St. Peter .

Lodged: 8th February 2019, Connétable of St. Peter .

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

1. – Written Questions(attached)

WQ.15/2019  1.  The Minister for Treasury and Resources will table an answer to a question asked by Deputy

S.M. Wickenden of St. Helier regarding the allocation of funds approved by the Investment Appraisal Board.

WQ.154/2019  2.  The Minister for Infrastructure will table an answer to a question asked by the Deputy of St.

Peter regarding the hospital catering project at St. Peter 's Technical Park.  

WQ.155/2019  3.  The Minister for Education will table an answer to a question asked by Deputy R.J. Ward of

St. Helier regarding the charges applied at Highlands College.  

WQ.156/2019  4.  The Minister for Children and Housing will table an answer to a question asked by Deputy

K.G. Pamplin of St. Saviour regarding waiting lists for fostering and adoption.  

WQ.157/2019  5.  The Minister for Home Affairs will table an answer to a question asked by Deputy K.G.

Pamplin of St. Saviour regarding road traffic accidents in the last 5 years.  

WQ.158/2019  6.  The Minister for Infrastructure will table an answer to a question asked by Deputy K.G.

Pamplin of St. Saviour regarding the States of Jersey property portfolio.  

WQ.159/2019  7.  H.M. Attorney General will table an answer to a question asked by Deputy K.G. Pamplin of St. Saviour regarding prosecutions and convictions for dangerous driving.  

WQ.160/2019  8.  The Chief Minister will table an answer to a question asked by Deputy K.G. Pamplin of St.

Saviour regarding expenditure on communications.  

WQ.161/2019  9.  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 provision within maternity facilities in the new General Hospital for the other parent to stay overnight with mother and baby.  

WQ.162/2019  10. The Chief Minister will table an answer to a question asked by Deputy J.H. Perchard of St.

Saviour regarding the diversity of States boards.  

WQ.163/2019  11. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to

a question asked by Deputy J.H. Perchard of St. Saviour regarding closure of the gender pay gap.  

WQ.164/2019  12. The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St.

Helier regarding the response of the States Employment Board's negotiator to Consolidated Fund: increase in States expenditure in 2019' (P.20/2019).

WQ.165/2019  13. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to

a question asked by Deputy R.J. Ward of St. Helier regarding the support provided to Team Jets.  

WQ.166/2019  14. The Minister for Health and Social Services will table an answer to a question asked by Deputy

J.H. Perchard of St. Saviour regarding the rapid response service.  

WQ.167/2019  15. 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 use of compromise agreements and redundancies in the public sector.  

WQ.168/2019  16. The Chief Minister will table an answer to a question asked by Deputy J.H. Perchard of St.

Saviour regarding the implementation of the Assembly's adoption of Entitled status on social and economic grounds: changes to legislation' (P.99/2018).

WQ.169/2019  17. The Minister for Education will table an answer to a question asked by Deputy S.M. Ahier of

St. Helier regarding the expenditure on university grants.  

WQ.170/2019  18. The Minister for Treasury and Resources will table an answer to a question asked by Deputy

S.M. Ahier of St. Helier regarding revenue from the Goods and Services Tax.  

WQ.171/2019  19. 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 services available for parents and carers of children with autism.  

WQ.172/2019  20. The Chairman of the States Employment Board will table an answer to a question asked by

Deputy C.S. Alves of St. Helier regarding the payment of the Jersey Living Wage by contractors engaged by the States of Jersey.  

WQ.173/2019  21. The Minister for Treasury and Resources will table an answer to a question asked by Deputy

M.R. Higgins of St. Helier regarding tax allowances available to buy-to-let investors.  WQ.174/2019  22. The Minister for Treasury and Resources will table an answer to a question asked by Deputy

M.R. Higgins of St. Helier regarding buy-to-let properties within States of Jersey

Development Company developments.  

WQ.175/2019  23. The Minister for the Environment will table an answer to a question asked by Deputy M.R.

Higgins of St. Helier regarding the instances of pollutants in Jersey's reservoirs and watercourses.  

WQ.176/2019  24. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to

a question asked by Deputy M.R. Higgins of St. Helier regarding the decline in the number of hotel beds in the Island.  

WQ.177/2019  25. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to

a question asked by Deputy M.R. Higgins of St. Helier regarding the Jersey Innovation Fund.

2. – Oral Questions (120 minutes)

OQ.76/2019  1.   Deputy J.H. Perchard of St. Saviour will ask the following question of the Minister for

Children and Housing –

"Further to the response to Oral Question 199/2018, what actions has the Minister taken towards reducing homelessness in the Island since the stakeholder workshop on 13th December 2018?"

OQ.87/2019  2.   Deputy M.R. Le Hegarat of St. Helier will ask the following question of the Minister for

Health and Social Services –

"Further to the response to Written Question 139/2019, will the Minister re-consider the statement that his Department has "no jurisdiction" in respect of private patients in circumstances where a Hospital Consultant has been suspended, in order to identify actions that can be taken by his Department to ensure the needs of such patients are protected?"

OQ.84/2019  3.   Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for

Infrastructure –

"Will the Minister explain why the demolition of the Fort Regent swimming pool has stalled following the Ministerial Decision made on 13th July 2018; what is now the expected cost of the demolition; and when is it expected that the full removal of the pool will take place?"

OQ.78/2019  4.  Senator S.C. Ferguson will ask the following question of the Minister for Infrastructure –

"Was the appointment of a training company required for administration of the Road Works and Events (Jersey) Law 2016 (i.e. to satisfy the Road Work Supervision and Qualification Policy) put out to competitive tender; and, if not, why not?"

OQ.90/2019  5.   Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –

"Further to his recent statements to the Institute of Directors, will the Chief Minister advise whether he has ruled out changes to the 20% Income Tax rate, but not to Long-Term Care charges or Social Security contributions; and, if so, will he explain how such decisions allow for a fundamental review of Jersey's tax system or for open decisions to be taken about the Government's future spending and taxation plans?"

OQ.88/2019  6.   Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –

"Will the Chief Minister state on how many occasions the Council of Ministers has debated the response of the States Employment Board's chief negotiator to the potential acceptance by the Assembly of P.20/2019; and will he state what the Council's position is in respect of any decision reached by the Assembly on that proposition?"

OQ.92/2019  7.   Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Health

and Social Services –

"Does the Minister consider that the length of time patients have to wait for some procedures performed by his Department is too long and if so, what steps, if any, is the Minister taking to reduce waiting times?"

OQ.81/2019  8.   Deputy R.J. Ward of St Helier will ask the following question of the Minister for Treasury

and Resources –

"Given that Figure 3.1 of the recent report from the Fiscal Policy Panel, Advice for the 2020- 23 Government Plan', provides annual figures for depreciation of approximately £50 million, will the Minister explain in which fund the money for depreciation is kept; and will she advise whether the amount accounted for in the years to date has been spent and whether underspends for depreciation are carried forward?"

OQ.82/2019  9.   Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for

Treasury and Resources –

"Was the Minister, as shareholder representative, informed of the 14% rise in parking charges at the Airport before they were introduced?"

OQ.86/2019  10. Deputy I. Gardiner of St. Helier will ask the following question of the Minister for

Infrastructure –

"Will the  Minister advise  how many properties in Jersey still use  boreholes  and  what percentage of properties that represents; and will he state what plans, if any, there are to connect such properties currently using boreholes to mains drains over the next 3 years?"

OQ.79/2019  11. The Deputy of St. John will ask the following question of the Minister for Infrastructure –

"Will the Minister bring forward a plan to introduce an Island-wide park and ride' bus service to provide peripheral parking around the Island that would negate the need for road-users to drive into St. Helier ; and if so, when?"

OQ.91/2019  12. Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –

"Will the Chief Minister explain why the Communications Directorate routinely screens Freedom of Information Law requests from the public and edits the responses to them, or issues press statements quoting Ministers without consulting them; and will he undertake to stop such practices immediately?"

OQ.80/2019  13. The Deputy of St. John will ask the following question of the Minister for Infrastructure –

"Further to the Fiscal Policy Panel's recent report and in light of concerns expressed by the business community, will the Minister revisit the proposals to merge Liberation Square and Weighbridge Place and consider whether a temporary link between the two areas could be developed that would allow for interaction between them for the purposes of Liberation 75' but which would then allow a reversion to the current traffic arrangements?"

OQ.77/2019  14. Deputy J.H. Perchard of St. Saviour will ask the following question of the Chief Minister –

"Given that, in evidence received by the Gender Pay Gap Review Panel, it was stated that Jersey is losing approximately £8.5 million a year by not recruiting Jersey-based women to board positions, will the Chief Minister agree to develop a strategy and action plan (working with the private sector as necessary) in order that more Jersey-based women are recruited to positions on boards?"

OQ.83/2019  15. Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for

Infrastructure –

"Given that, in 2007, the Minister's predecessor stated that joining Liberation Square and Weighbridge Place "will only be achieved within a coordinated traffic plan only possible once a new traffic remodelling system has been prepared and the implications fully assessed", will the Minister confirm that such a coordinated traffic plan exists and, if so, advise what assessment it provides of the effects of the joining of the two squares?"

OQ.89/2019  16. Deputy G.P. Southern of St. Helier will ask the following question of the Chairman of the

States Employment Board –

"Will the Chairman explain to members the methodology behind the graph which has been published by the States Employment Board and which purports to show a comparison between median pay for civil servants and that in the private sector, across all grades; and will he state who conducted the research involved and under what terms of reference, if any, they did so?"

OQ.93/2019  17. Deputy M. Tadier of St. Brelade will ask the following question of the Chief Minister –

"Given his recent public comments in support of developing a medicinal cannabis industry in the Island, what steps, if any, will the Chief Minister take to ensure his Government makes medicinal cannabis accessible by Jersey patients in the near future?"

OQ.85/2019  18. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for Home

Affairs –

"Will the Minister explain the circumstances in which tasers were used twice by the States of Jersey Police in 2018, as indicated in the annual report of the Jersey Police Complaints Authority, and advise whether they were used to protect individuals from self-harming?"

3. – Questions to Ministers without notice (30 minutes) –

1st question period – Minister for International Development 2nd question period – Chief Minister

10. PERSONAL STATEMENTS

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

Draft European Union (Wines, Spirits, Milk and Dairies – Savings) (Jersey) P.14/2019. Regulations 201-.

Lodged: 11th February 2019, Minister for External Relations.

Draft  European  Union  (United  Kingdom  Exit –  Alternative  Investment P.15/2019. Funds) (Jersey) Regulations 201-.

Lodged: 11th February 2019, Minister for External Relations.

Draft Restriction on Smoking (Warning Notices) (Amendment for UK Exit P.16/2019. from EU) (Jersey) Regulations 201-.  (re-issue) Lodged: 11th February 2019, Minister for Health and Social Services.

Jersey Law Revision Board: appointment of member.  P.19/2019. Lodged: 15th February 2019, Chief Minister.

Consolidated Fund: increase in States expenditure in 2019.  P.20/2019. Lodged: 15th February 2019, Deputy G.P. Southern of St. Helier .

Draft Commissioner for Children and Young People (Jersey) Law 201-.  P.18/2019. Lodged: 12th February 2019, Minister for Children and Housing.

Rate Appeal Board: re-appointment of members.  P.22/2019. Lodged: 19th February 2019, Minister for Treasury and Resources.

Justice and Home Affairs: cessation of restructure. P.24/2019. Lodged: 26th February 2019, Deputy of St. John .

Justice and Home Affairs: cessation of restructure (P.24/2019) – comments.  P.24/2019. Presented: 21st March 2019, Minister for Home Affairs.  Com.

Justice and Home Affairs: cessation of restructure (P.24/2019) –  P.24/2019. amendment.  Amd. Lodged: 19th March 2019, Connétable of St. Lawrence .

Investment Appraisal Board: 2 week notice period. P.25/2019. Lodged: 26th February 2019, Deputy J.M. Maçon of St. Saviour .

Investment Appraisal Board: 2 week notice period (P.25/2019) –  P.25/2019. amendment.  Amd. Lodged: 14th March 2019, Deputy J.M. Maçon of St. Saviour .

13. ARRANGEMENT OF PUBLIC BUSINESS 30th April 2019

Draft Revenue Administration (Jersey) Law 201-. P.122/2018. Lodged: 23rd October 2018, Minister for Treasury and Resources.

Draft Revenue Administration (Jersey) Law 201- (P.122/2018):  P.122/2018. amendment.  Amd. Lodged: 12th February 2019, Corporate Services Scrutiny Panel.

Draft  Revenue  Administration  (Jersey)  Law  201-  (P.122/2018):  amendment  P.122/2018. (P.122/2018 Amd.) – comments.  Amd.Com. Presented: 25th February 2019, Minister for Treasury and Resources.

Draft Explosives (Amendment) (Jersey) Law 201-.  P.21/2019. Lodged: 18th February 2019, Minister for Home Affairs.

Draft Access to Justice (Jersey) Law 201-.  P.23/2019. Lodged: 25th February 2019, Chief Minister.

Beaulieu Convent School Limited: provision of a loan.  P.26/2019. Lodged: 11th March 2019, Minister for Treasury and Resources.

Climate change emergency: actions to be taken by the Government of Jersey.  P.27/2019. Lodged: 11th March 2019, Deputy R.J. Ward of St. Helier .

Draft Public Finances (Jersey) Law 201-.  P.28/2019. Lodged: 12th March 2019, Minister for Treasury and Resources.

Draft Amendment (No. 39) of the Standing Orders of the States of Jersey. P.29/2019. Lodged: 12th March 2019, Senator L.J. Farnham .

Cats: additional protection when involved in road traffic accidents. P.30/2019. Lodged: 12th March 2019, Deputy J.M. Maçon of St. Saviour .

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

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

Elected Speaker and Deputy Speaker of the States Assembly: selection and  P.31/2019. appointment.

Lodged: 14th March 2019,

Senator S.Y. Mézec .

Jersey Police Complaints Authority: re-appointment of members.  P.32/2019. Lodged: 15th March 2019, Minister for Home Affairs.

Le Port Car Park, St. Peter : rescindment of parking restrictions.  P.33/2019. Lodged: 15th March 2019, Senator S.W. Pallett.

Proposed merging of Liberation Square and the Weighbridge: cessation of  P.34/2019. project.

Lodged: 21st March 2019, Deputy J.M. Maçon of St. Saviour .

Assessment of Mental Health Services.  S.R.4/2019. Presented: 6th March 2019, Health and Social Security Scrutiny Panel.

(Consideration in-Committee)

L.-M. HART Deputy Greffier of the States

21st March 2019

Note – In accordance with the meeting dates fixed for 2019 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 27th and Thursday 28th March 2019.

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

R&O.18/2019.

Social Security (Miscellaneous Provisions No. 6) (Jersey) Order 2019.

This Order makes amendments to subordinate legislation which are consequential upon the enactment of the Social Security (Amendment No. 23) (Jersey) Law 2018, which in turn made changes to update provisions relating to long term incapacity allowance, and to introduce consistency across regimes for re- determining claims and questions under the Social Security (Jersey) Law 1974.

Article 1 amends the Social Security (Determination of Claims and Questions)  (Jersey) Order 1974. Article 2 amends the Social Security (Determination of Disablement Questions) (Jersey) Order 1974. Article 3 amends the Social Security (Assessment of Long Term Incapacity) (Jersey) Order 2004. Article 4 amends the Social Security (Incapacity Benefit) (Jersey) Order 2004. Article 5 gives the title by which this Order may be cited. Article 6 provides for it to come into force on 1st May 2019, except for provisions in Article 1 relating to redeterminations and appeals on matters of classification for the purposes of Article 3 of the Social Security (Jersey) Law 1974, which come into force on the day after this Order is made.

The Order was made on 12th March 2019 and comes into force in accordance with Article 6.

R&O.23/2019.

Road Traffic (Public Parking Places) (Amendment No. 15) (Jersey) Order 2019.

This Order amends the Road Traffic (Public Parking Places) (Jersey) Order 2006 to add Le Port Car Park to the list of public parking places in St. Peter , with a maximum permitted stay of 12 hours in any continuous period of 24 hours. Long commercial vehicles and agricultural vehicles may be parked in Le Port Car Park without the written permission of the controlling body.

The Order was made on 15th March 2019 and came into force on 22nd March 2019.

R&O.24/2019.

EU Legislation (Sanctions – Guinea) (Jersey) Order 2019.

This Order gives effect in Jersey to Council Regulation (EU) No 1284/2009 of 22 December 2009 imposing certain specific restrictive measures in respect of the Republic of Guinea (OJ L 346, 23.12.2009, p. 26), as amended ("Regulation (EU) 1284/2009", as defined in  Article 1). The Order replaces the Community Provisions (Restrictive Measures – Guinea) (Jersey) Order 2010 (the "previous Order") so as to bring the enforcement of the EU Regulation into line with the existing Jersey legislative framework.

This Order contains an ambulatory reference, in Article 2, to an Annex to Regulation (EU) 1284/2009. If the EU amends the lists of persons subject to the restrictive measures, the effect of the ambulatory reference is that the EU amendment takes effect automatically in Jersey without the need for any amendment to this Order.

Articles 3 provides that this Order is a relevant special Order for the purpose of the General Provisions Order (as defined in Article 1) and provides that Regulation (EU) 1284/2009 is the relevant EU provision for the purpose of the General Provisions Order.

Article 4 provides for Regulation (EU) 1284/2009 to have effect as if it were an enactment –

1. to any extent that it does not otherwise have effect in Jersey; and

2. subject to the modifications made by the general provisions that are to be read as part of this Order by virtue of Article 3 and the General Provisions Order.

Article 5 creates offences for breaches of provisions, specified in that Article, of Regulation (EU) 1284/2009 and of the General Provisions Order. A person who commits the main offence of breaching the key prohibitions in Regulation (EU) 1284/2009 is liable to a term of imprisonment of up to 7 years, to an unlimited fine, or to both. A person who commits the offence of giving false information, or destroying documents to evade a duty to give information, is liable to a term of imprisonment for up to 2 years, to an unlimited fine, or to both. A person who commits the offence of failing to provide information is liable to a term of imprisonment of up to 1 year, to an unlimited fine, or to both.

Article 6 amends the definition of "anti-money laundering and counter-terrorism legislation" in Article 3 of the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 to remove the reference to the previous Order and to insert the name of this Order.

Article 7 repeals the previous Order.

Article 8 provides for citation of this Order and states that this Order comes into force on the day after it is made.

The Order was made on 20th March 2019 and came into force on 21st March 2019.

WRITTEN QUESTIONS (See Item I(a))

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

"Will the Minister inform the Assembly whether any of the funds approved by the Investment Appraisal Board will require ongoing revenue funding in 2020 and beyond and, if so, how much and in respect of which projects?"

2. The Minister for Infrastructure will table an answer to the following question asked by the Deputy of St. Peter –

"Will the Minister advise, in respect of the hospital catering project at St. Peter 's Technical Park –

1. when it is planned that the project will be finished;
2. whether the project is over-schedule and has over-spent and, if so, what the current and forecasted budgetary over-spend is;
3. what further measures, if any, he proposes to take to mitigate any impact of excessive noise, light pollution or weekend working arising from the project or to ensure that the views of residents in consideration of such matters is taken into the consideration by the contractors;
4. what measures, if any, he proposes to take to enhance communications about the project with local residents; and
5. what measures, if any, he will put in place to ensure that (once the project is completed and catering operations have commenced) the residents can live as quiet and peaceful a life as before the construction started?"

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

"Will the Minister advise whether students on courses at Highlands Colleges (other than any full-time students where charges are included in the course) are charged for additional help for formal exams (e.g. for a reader, if diagnosed with a learning need or for an amanuensis); and, if so, will the Minister provide a breakdown of any such charges and explain the rationale for them?"

4. The Minister for Children and Housing will table an answer to the following question asked by Deputy K.G. Pamplin of St. Saviour –

"Will the Minister state how many local children are waiting for adoption or fostering as well as how many Islanders have applied either to foster or to adopt in the past 18 months?"

5. 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 provide a breakdown from the past 5 years of road traffic accidents / incidents (including indications of where injuries were incurred by anyone) which occurred because of –

1. speeding;
2. carelessness;
3. drink-driving;
4. use of a mobile phone or similar device; and
5. other forms of dangerous driving?"

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

"From the portfolio of States of Jersey-owned properties maintained by Jersey Property Holdings, will the Minister list –

1. those properties which are in a condition ready to be sold;
2. how many of such properties could be used in less than 3 months for services transferred from other areas of the public sector; and
3. those properties which are either not fit for purpose or in need of maintenance?"

7. H.M. Attorney General will table an answer to the following question asked by Deputy K.G. Pamplin of St. Saviour –

"Will H.M. Attorney General state, for the past 5 years, how many people have been –

1. charged;
2. prosecuted; and
3. convicted

for causing serious injury by dangerous driving, with the figures further broken down into the following areas:

1. speeding;
2. carelessness;
3. drink-driving;
4. use of a mobile type device; and
5. other forms of dangerous driving?"

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

"Will the Chief Minister provide the Government's budget for, and expenditure on, communications for each of the last three years; and will he also provide the anticipated budget going forward for the next three years, broken down by department and ministerial portfolio?"

9. 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 the response to Written Question 129/2019, will the Minister undertake to consult on making provision within the maternity facilities of the new General Hospital for the other parent to stay overnight with the mother and baby?"

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

"Further to the response to Written Question 231/2018, will the Chief Minister –

1. provide a list all States boards (including arms-length bodies such as school boards, States- owned entities and majority-owned entities);
2. show for all such boards where the information is collected on the percentage of male, female and other board members and, for those boards where such information is not collected, provide an indication to that effect;

and if the information cannot be provided in time for the meeting on 26th March 2019, will the Chief Minister undertake to publish this information by the beginning of May 2019?"

11. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Deputy J.H. Perchard of St. Saviour –

"Further to the recent publication of a report by PwC which states that "closing the gender pay gap would bring a further £212 million boost" to Jersey's economy, will the Minister make closing the gender pay gap a priority in his work; and, to that end, will he also commit to introduce mandatory pay-gap reporting by all employers, consisting of both statistics and narratives around those figures?"

12. The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

"Will the  Chief Minister advise whether, in respect of Consolidated  Fund: increase  in States expenditure in 2019' (P.20/2019), the States Employment Board's negotiator has stated that it is likely politicians will reference that S.E.B. continue to make decisions on what is allocated to pay regardless of the result in any States Assembly vote'; and, if so, will the Chief Minister state whether this is reflective of the Government's policy with regard to public sector pay negotiations?"

13. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Deputy R.J. Ward of St. Helier –

"What action, if any, is being taken by his department to support the Jersey netball team, Team Jets; and what plans, if any, are in place to enable this organisation to find a training base that would allow it to maintain participation levels in this sport?"

14. The Minister for Health and Social Services will table an answer to the following question asked by Deputy J.H. Perchard of St. Saviour –

"Will the Minister advise –

1. how many rapid response requests were made outside of usual operating hours in the last 6 months; and
2. how much it would cost the Department to extend the current rapid response service to a 24- hour service and what extra resources (staff or otherwise) would be needed to achieve this?"

15. 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 –

1. advise how many staff have been given the following since 1st October 2018 –

1. A compromise agreement;
2. Voluntary redundancy;
3. Compulsory redundancy; or
4. any other form of financial or remuneration package on leaving their employment with the States of Jersey;

2. state how many staff have been given gardening leave' during the same period and how many of any such staff are still employed by the States; and
3. state how much any such agreements and arrangements referred to in parts (a) and (b) have cost the States to date?"

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

"Further to the Assembly's adoption of paragraphs (c) and (e) of Entitled status on social and economic grounds: changes to legislation' (P.99/2018), which required the Chief Minister to implement policy changes to the guidance issued under the Control of Housing and Work (Jersey) Law 2012 by 31st March 2019, will the Chief Minister advise –

1. what consultation in respect of such changes has been undertaken to date;
2. which statistical methods, if any, are being used to measure a person's economic benefit; and
3. which statistical methods, if any, are being used to measure their social benefit?"

17. The Minister for Education will table an answer to the following question asked by Deputy S.M. Ahier of St. Helier –

"Will the Minister advise the Assembly what the expenditure on university grants to all students has been for the last three years and provide the predicted cost for 2019?"

18. The Minister for Treasury and Resources will table an answer to the following question asked by Deputy S.M. Ahier of St. Helier –

"Will the Minister advise the Assembly of the breakdown of the yearly revenue by sector (including food, utilities, retail and bookmaking) received from the Goods and Services Tax since it was first introduced?"

19. 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 services, such as respite, are currently available for parents and carers to provide care and support for children with autism outside of term time and school hours?"

20. The Chairman of the States Employment Board will table an answer to the following question asked by Deputy C.S. Alves of St. Helier –

"Further to the answer given to Written Question 143/2019 on 12th March 2019, will the Chairman provide a list of existing contractors who have been awarded contracts that "contain a contractual requirement that all Relevant Staff employed or engaged by the contractor are paid the equivalent hourly wage which is equal to or exceeds the Jersey Living wage", and a list of contracts which are currently under review and due for re-tender or extension?"

21. 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 advise members whether tax allowances or exemptions are allowed in Jersey for buy-to-let investors, both in respect of those who are resident in, and those who reside outside the Island? If so, could the Minister state what those tax allowances or exemptions are; and, if not, what information does the department hold about why resident and  non-resident investors invest in properties in Jersey?"

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

"Further to the answer given to Written Question 112/2019 on 26th February 2019, will the Minister, as shareholder representative, request the States of Jersey Development Company to provide the States with details of all buy-to-let purchases of properties in all of its residential property developments since it was incorporated, including how many of the sales have gone to buy-to-let purchasers and how many to off-Island individuals or company investors and how many to individuals and companies from in the Island, as well as whether the purchases were off-plan or following completion?"

23. 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 set out for members all instances where pollutants (e.g. weed-killer, insecticides etc.) have been found in Jersey's reservoirs and watercourses over the last ten years, identifying –

1. the specific areas of the Island where they were found;
2. the type of pollutant and its strength in each instance;
3. the level of pollutant in each instance in relation to international standards, and

4. what action, if any, the department took in each instance?"

24. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –

"Will the Minister produce a table and/or diagram to show the number of hotel beds lost in the Island over the last ten years and identify all hotels that have been sold and/or developed for residential use (both apartments and houses), showing the number of hotel beds lost in each case? Will he also identify whether any of the sites were located adjacent to the sea or had views of the sea?"

25. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Deputy M.R. Higgins of St. Helier –

"Will the Minister set out for members details of the current status of the Jersey Innovation Fund? If the Fund is still able to be accessed, will the Minister identify the criteria and process used for considering proposals for funding?

Will he further set out any other funds or schemes that the department operates which could encourage the development of tourism in Jersey, setting out the criteria and processes used to consider any proposals?"

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