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STATES OF JERSEY ORDER PAPER
12th MAY 2020
SUMMARY
9.30 a.m. Communications by the Presiding Officer and other announcements
Appointments, matters of privilege, petitions
• Nomination of Deputy G.P. Southern of St. Helier as a member of the Health and Social Security Scrutiny Panel
Approx. 9.45 a.m. Oral questions with notice Up to 2 hours
Urgent questions (if any)
Oral questions without notice:
• Questions permitted to any Minister on the subject of the Government of Jersey's response to the current Coronavirus situation
Statements (if any)
Approx. 12.15 p.m. Draft Limited Liability Companies (Amendment) (Jersey) Law 202-
Court proceedings: provision of live-streaming for sittings normally held in public (P.43/2020)
Social Security Fund: repayment of States Contribution for 2020 (P.44/2020)
Jersey Gas: inclusion in payroll co-funding scheme (P.52/2020)
Note: Notice has been given of the intention to propose that the minimum lodging period be reduced so that the proposition can be debated.
Arrangements for questions without notice to all Ministers (P.54/2020)
Note: Notice has been given of the intention to propose that the minimum lodging period be reduced so that the proposition can be debated.
Arrangements for questions without notice to all Ministers (P.54/2020): amendment (P.54/2020 Amd.)
Period of Questions Without Notice to the Chief Minister at every scheduled Sitting (P.57/2020)
Note: Notice has been given of the intention to propose that the minimum lodging period be reduced so that the proposition can be debated.
Draft Covid-19 (Capacity and Self-Determination) (Jersey) Regulations 202- (P.58/2020)
Note: Notice has been given of the intention to propose that the minimum lodging period be reduced so that the proposition can be debated.
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 13th and Thursday 14th May 2020 if necessary.
STATES OF JERSEY ORDER PAPER
12th MAY 2020
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Prison (Temporary Amendment – Covid-19) (Jersey) Rules 2020. R&O.44/2020. Minister for Home Affairs.
Covid-19 (Restricted Movement) (Amendment – Second Extension) (Jersey) R&O.52/2020. Order 2020.
Minister for Health and Social Services.
Capacity and Self-Determination (Miscellaneous Provisions and Prescribed R&O.53/2020. Fees and Forms) (Amendment) (Jersey) Order 2020.
Minister for Health and Social Services.
Taxation (Implementation) (International Tax Compliance) (Common R&O.55/2020. Reporting Standard) (Amendment of Regulations No. 3 – Participating
Jurisdictions) (Jersey) Order 2020.
Minister for External Relations.
Covid-19 (Restricted Movement) (Amendment – Exceptions) (Jersey) Order R&O.56/2020. 2020.
Minister for Health and Social Services.
- DOCUMENTS PRESENTED
Insurance. R.44/2020. Presented: 27th April 2020, Comptroller and Auditor General.
Office of the Comptroller and Auditor General: Annual Report and Accounts R.45/2020. for the year ended 31 December 2019.
Presented: 1st May 2020, Comptroller and Auditor General.
Presented: 6th May 2020, Minister for Social Security.
- NOTIFICATION OF LODGED PROPOSITIONS
Covid-19: questions without notice to all Ministers on the response of the P.53/2020. Government of Jersey (P.51/2020) – rescindment of paragraph (a).
Lodged: 24th April 2020, Deputy R.J. Ward of St. Helier .
Arrangements for questions without notice to all Ministers (P.54/2020): P.54/2020. amendment. Amd. Lodged: 1st May 2020, Deputy J.M. Maçon of St. Saviour .
Draft Air Navigation (Rules of the Air) (Amendment No. 2) (Jersey) P.55/2020. Regulations 202-.
Lodged: 29th April 2020, Minister for External Relations.
Period of Questions Without Notice to the Chief Minister at every scheduled P.57/2020. Sitting.
Lodged: 6th May 2020, Deputy M. Tadier of St. Brelade .
Draft Covid-19 (Capacity and Self-Determination) (Jersey) Regulations 202-. P.58/2020. Lodged: 6th May 2020, Minister for Health and Social Services.
- 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 –
Draft Covid-19 (Capacity and Self-Determination) (Jersey) Regulations 202-. P.47/2020. Lodged: 17th April 2020, Minister for Health and Social Services.
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
Nomination of Deputy G.P. Southern of St. Helier as a member of the Health and Social Security Scrutiny Panel.
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
WQ.151/2020 1. The Chief Minister will table an answer to a question asked by the Deputy of St. Martin
regarding non-Covid 19-related Government of Jersey projects.
WQ.152/2020 2. The Minister for Infrastructure will table an answer to a question asked by the Connétable of
St. Helier regarding the lease arrangements for Warwick Farm.
WQ.153/2020 3. The Minister for Health and Social Services will table an answer to a question asked by Deputy
J.H. Perchard of St. Saviour regarding construction permits during the Coronavirus crisis. WQ.154/2020 4. The Minister for Health and Social Services will table an answer to a question asked by
Senator K.L. Moore regarding G.P. services during the Coronavirus crisis.
WQ.155/2020 5. The Chief Minister will table an answer to a question asked by Senator K.L. Moore regarding
employees and consultants of the Government of Jersey who continue to reside in the U.K. WQ.156/2020 6. The Minister for Health and Social Services will table an answer to a question asked by
Senator K.L. Moore regarding polymerise chain reaction (P.C.R.) testing and antibody testing
for Covid-19.
WQ.157/2020 7. The Minister for Treasury and Resources will table an answer to a question asked by the
Deputy of St. John regarding the support available to companies who are exempt from corporation tax.
WQ.158/2020 8. The Minister for Infrastructure will table an answer to a question asked by Deputy R.J. Ward
of St. Helier regarding the subsidy paid to Liberty Bus for the provision of a school bus service.
WQ.159/2020 9. The Minister for the Environment will table an answer to a question asked by Deputy R.J.
Ward of St. Helier regarding the use of the Climate Emergency Fund during the Coronavirus crisis.
WQ.160/2020 10. The Minister for Social Security will table an answer to a question asked by Deputy R.J. Ward
of St. Helier regarding the Covid Related Emergency Support Scheme.
WQ.161/2020 11. The Chief Minister will table an answer to a question asked by Deputy R.J. Ward of St. Helier
regarding the recovery plan of the Government of Jersey in relation to the Coronavirus crisis. WQ.162/2020 12. 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 Covid-19 (Restricted Movement) (Jersey) Order
2020.
WQ.163/2020 13. The Minister for International Development will table an answer to a question asked by
Deputy K.F. Morel of St. Lawrence regarding the work of the Jersey Overseas Aid Commission during the Coronavirus crisis.
WQ.164/2020 14. The Minister for Education will table an answer to a question asked by Deputy K.F. Morel of
St. Lawrence regarding access by Jersey schoolchildren to Internet-based devices at home. WQ.165/2020 15. The Chief Minister will table an answer to a question asked by Deputy K.F. Morel of
St. Lawrence regarding the Modernisation and Digital work programme.
WQ.166/2020 16. The Minister for External Relations will table an answer to a question asked by Deputy K.F.
Morel of St. Lawrence regarding the Government of Jersey's Brexit-planning activity. WQ.167/2020 17. The Minister for Health and Social Services will table an answer to a question asked by Deputy
C.S. Alves of St. Helier regarding the prospect of subsidising home-visits undertaken by
G.P.s.
WQ.168/2020 18. The Minister for Social Security will table an answer to a question asked by Deputy C.S. Alves
of St. Helier regarding the financial support available to people who are unable to work but whose place of work is operational.
WQ.169/2020 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 system of permits for construction sites.
WQ.170/2020 20. 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 contact-tracing to be undertaken by the Government of Jersey during the Coronavirus crisis.
WQ.171/2020 21. The Minister for Health and Social Services will table an answer to a question asked by Deputy
C.S. Alves of St. Helier regarding Covid-19 antibody testing.
WQ.172/2020 22. The Minister for Children and Housing will table an answer to a question asked by the Deputy
of St. Peter regarding the guidelines provided to landlords, and landlords' agents, during the Coronavirus crisis.
WQ.173/2020 23. The Minister for Health and Social Services will table an answer to a question asked by Deputy R.J. Ward of St. Helier regarding the staffing of the Nightingale' Hospital.
WQ.174/2020 24. The Minister for Treasury and Resources will table an answer to a question asked by the
Connétable of St. Martin regarding the external contracts of JT.
WQ.175/2020 25. The Minister for the Environment will table an answer to a question asked by the Connétable
of St. Martin regarding the effectiveness of animal welfare legislation in the Island. WQ.176/2020 26. The Minister for Treasury and Resources will table an answer to a question asked by Deputy
M. Tadier of St. Brelade regarding signage erected at St. Catherine's Breakwater.
WQ.177/2020 27. 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 Government's stock of personal protective equipment.
WQ.178/2020 28. The Minister for Health and Social Services will table an answer to a question asked by Deputy
G.P. Southern of St. Helier regarding nurse-to-patient ratios.
WQ.179/2020 29. The Minister for Treasury and Resources will table an answer to a question asked by Deputy
- Gardiner of St. Helier regarding the Government Co-Funded Payroll Scheme.
WQ.180/2020 30. The Minister for Social Security will table an answer to a question asked by Deputy I. Gardiner
of St. Helier regarding the administration of Income Support during the Coronavirus crisis. WQ.181/2020 31. The Minister for Economic Development, Tourism, Sport and Culture will table an answer to
a question asked by Deputy I. Gardiner of St. Helier regarding the redeployment of locally-
based workers to essential areas of employment.
- – Oral Questions (120 minutes)
OQ.132/2020 1. Deputy L.M.C. Doublet of St. Saviour will ask the following question of H.M. Attorney
General –
"What assessment did H.M. Attorney General make of the public interest in deciding not to pursue offences under the Policing of Beaches (Jersey) Regulations 1959 relating to the walking of dogs on beaches between 1st and 12th May 2020?"
OQ.117/2020 2. The Deputy of St. Mary will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"Will the Minister explain why the Channel Islands Competition and Regulation Authorities (C.I.C.R.A.) are to separate from 1st July 2020, and confirm that there will be no change to the powers and authorities vested in the Jersey Competition Regulatory Authority (J.C.R.A.) without the prior approval of the States Assembly?"
OQ.114/2020 3. Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for
Education –
"Is it the Minister's assessment that all school pupils have access to a laptop computer in their homes to enable home-schooling, and if not, will she inform the Assembly what steps, if any, she is taking, to ensure that they do?"
OQ.113/2020 4. The Deputy of St. Martin will ask the following question of the Minister for Infrastructure –
"Has the Minister met the Connétable of St. Helier to discuss the closure of roads and lanes in Town in order to ensure sufficient and safe access for both pedestrians and cyclists; and if so, what actions, if any, have been, or will be, undertaken as a result?"
OQ.128/2020 5. Deputy M.R. Le Hegarat of St. Helier will ask the following question of the Minister for
Children and Housing –
"Will the Minister advise whether he is aware of any seasonal workers who have lost their accommodation due to the Coronavirus crisis (as highlighted by the Shelter Trust) and, if so, how many; and will he state what Government investigation, if any, there has been (or will be) into this matter?"
OQ.112/2020 6. The Connétable of St. Brelade will ask the following question of the Minister for
Infrastructure –
"With reference to private contractors managing the clinical waste from care homes, what guidelines, if any, are currently in place in respect of the collection of Covid-19 waste; the protection of the contractors' staff and care home staff; and when were any such guidelines provided?"
OQ.123/2020 7. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for the
Environment –
"Will the Minister provide an update on the progress towards Island-wide air-quality monitoring and, given the correlation found in studies in other regions between air pollution and Covid-19 mortality rates, will he pursue such monitoring as a matter of urgency?"
OQ.126/2020 8. The Connétable of St. Helier will ask the following question of the Minister for
Infrastructure –
"Is the Minister aware of any increase in the number of cyclists and pedestrians using the promenade along Victoria Avenue and of any consequent increase in the risk of collisions between users of such public spaces and, if there has been such an increase, what solutions, if any, is he examining to allow walkers and cyclists to move about the Island safely while respecting the need for physical distancing?"
OQ.125/2020 9. Deputy I. Gardiner of St. Helier will ask the following question of the Minister for Home
Affairs –
"Will the Minister advise what steps, if any, are being taken to allow the Jersey Police Complaints Authority either to undertake its own investigations, or to engage its own investigating officers, as a means of dealing with complaints, to ensure that it is not reliant on the Professional Standards Department of the States of Jersey Police to undertake such investigations?"
OQ.120/2020 10. The Deputy of St. Peter will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"Following the recent report that British Airways may close down its operations out of Gatwick Airport, what contingency arrangements, if any, is the Government putting in place to ensure that Jersey has regular and affordable flights to, and from, the U.K. once current travel restrictions are lifted?"
OQ.110/2020 11. Deputy C.S. Alves of St. Helier will ask the following question of the Minister for Education –
"Will the Minister explain what actions, if any, are being taken to support those students who do not have access to their own Internet-enabled devices at home?"
OQ.118/2020 12. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for
Infrastructure –
"Will the Minister advise what chemicals are being used to disinfect high traffic areas' around the Island later this month as a response to the Covid-19 outbreak; and will he state what environmental impact assessment, if any, has been undertaken of the effects of this operation on local wildlife?"
OQ.121/2020 13. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for
Infrastructure –
"Further to his response to Written Question 543/2019, will the Minister update the Assembly on the planning applications made on behalf of the Health and Community Services Department for the work to be undertaken on Clinique Pinel and the surrounding area, including the provision of a place of safety and the transfer of functions from Orchard House?"
OQ.129/2020 14. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Health
and Social Services –
Given that there are currently 12 "presumptive deaths" amongst the 24 people reported to have died from Covid-19 in Jersey, will the Minister advise members what steps, if any, are being taken to determine conclusively the cause of death of these 12 presumptive' victims and, furthermore, to ensure that, in future, any deaths from Covid-19 are accurately and conclusively determined?"
OQ.116/2020 15. Senator K.L. Moore will ask the following question of the Chief Minister –
"Will the Chief Minister update the Assembly on any work that is being undertaken to review prospective savings and cuts in relation to Government departments and Government- commissioned services; and will he advise whether there are any plans not to reopen some Government services as the Island comes out of the COVID-19 pandemic?"
OQ.115/2020 16. Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for
Infrastructure –
"Prior to entering into an agreement for the deep cleaning' of St Helier's public realm, were environmental impact assessments undertaken by his department and, if so, will the Minister share the findings of any such assessments with the Assembly?"
OQ.122/2020 17. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for Health
and Social Services –
"Will the Minister provide an assessment of how effectively the mental health service is operating during the Covid-19 pandemic, and confirm whether both mental health patients and front-line staff are being tested for Covid-19?"
OQ.119/2020 18. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Health
and Social Services –
"Are there any plans for Jersey to have its own radiotherapy unit; if so, will the Minister set out the timeline for its introduction; and if not, will he explain why not?"
OQ.131/2020 19. Deputy I. Gardiner of St. Helier will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"Will the Minister advise what plans, if any, are in place to ensure that on-Island workers are redeployed, in the first instance, before any outside workers are brought in to ensure that there is a sufficient supply of labour in essential areas during the Covid 19 crisis?"
OQ.124/2020 20. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for Health and
Social Services –
"Will the Minister provide a breakdown of what personal protective equipment (P.P.E.), and support for the use of this equipment, has been made available by the Government to States and Parish-owned nursing homes?"
OQ.130/2020 21. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for the
Environment –
"Following presentation of the Comptroller and Auditor General's recent report, Use of Enforcement Powers' (R.40/2020), will the Minister advise members what actions he is taking to address the findings of the report in respect of his department and, in particular, to clear the backlog of outstanding enforcement actions?"
OQ.127/2020 22. The Connétable of St. Helier will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"Will the Minister advise members of any cost to the public of separating the Channel Islands Competition and Regulation Authorities (C.I.C.R.A.); and will he explain why it was determined that it was not possible for a pan-Island approach to continue?"
OQ.111/2020 23. Deputy C.S. Alves of St. Helier will ask the following question of the Minister for Social
Security –
"Will the Minister advise whether there are plans to follow the U.K. Government in creating new rules that would enable employees to carry over unused statutory annual leave entitlement accrued during the Covid-19 outbreak into the next two years?"
- – Questions to Ministers without notice –
Questions permitted to any Minister on the subject of the Government of Jersey's response to the current Coronavirus situation.
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Draft Limited Liability Companies (Amendment) (Jersey) Law 202-. P.35/2020. Lodged: 30th March 2020, Minister for External Relations.
Court proceedings: provision of live-streaming for sittings normally held in P.43/2020. public.
Lodged: 14th April 2020, Deputy M. Tadier of St. Brelade .
Court proceedings: provision of live-streaming for sittings normally held in public P.43/2020. (P.43/2020): comments. Com. Presented: 20th April 2020, H.M. Attorney General.
Court proceedings: provision of live-streaming for sittings normally held in public P.43/2020. (P.43/2020): comments. Com.(2) Presented: 20th April 2020, Chief Minister.
Covid-19: questions without notice to all Ministers on the response of the P.53/2020. Government of Jersey (P.51/2020) – rescindment of paragraph (a).
Lodged: 24th April 2020, Deputy R.J. Ward of St. Helier .
Note: Because of the requirement for a four-week lodging period, the minimum lodging period of the proposition of Deputy R.J. Ward of St. Helier will expire on Friday 22nd May 2020. The Deputy has therefore given notice of his intention to propose, in accordance with Standing Order 26(7), that the minimum lodging period for the proposition be reduced in order that it can be debated at the meeting.
Note: Because of the requirement for a four-week lodging period, the minimum lodging period of the proposition of Deputy R. Labey of St. Helier will expire on Monday 25th May 2020. The Deputy has therefore given notice of his intention to propose, in accordance with Standing Order 26(7), that the minimum lodging period for the proposition be reduced in order that it can be debated at the meeting.
Arrangements for questions without notice to all Ministers (P.54/2020): P.54/2020. amendment. Amd. Lodged: 1st May 2020, Deputy J.M. Maçon of St. Saviour .
Period of Questions Without Notice to the Chief Minister at every scheduled P.57/2020. Sitting.
Lodged: 6th May 2020, Deputy M. Tadier of St. Brelade .
Note: Because of the requirement for a four-week lodging period, the minimum lodging period of the proposition of Deputy M. Tadier of St. Brelade will expire on Wednesday 3rd June 2020. The Deputy has therefore given notice of his intention to propose, in accordance with Standing Order 26(7), that the minimum lodging period for the proposition be reduced in order that it can be debated at the meeting.
Note: Because of the requirement for a six-week lodging period, the minimum lodging period of the proposition of Minister for Health and Social Services will expire on Wednesday 17th June 2020. The Minister has therefore given notice of his intention to propose, in accordance with Standing Order 26(7), that the minimum lodging period for the proposition be reduced in order that it can be debated at the meeting.
- ARRANGEMENT OF PUBLIC BUSINESS 2nd June 2020
16th June 2020 . Draft Taxation (Implementation) (International Tax Compliance) P.129/2019.
(Mandatory Disclosure Rules for CRS Avoidance Arrangements and
Opaque Offshore Structures) (Jersey) Regulations 202-.
Lodged: 31st December2019, Minister for External Relations.
Draft Air Navigation (Rules of the Air) (Amendment No. 2) (Jersey) P.55/2020. Regulations 202-.
Lodged: 29th April 2020, Minister for External Relations.
Priorities for the next Island Plan (Consideration In-Committee Debate)
8th September 2020
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) P.106/2019. Regulations 201-.
Lodged: 1st October 2019, Minister for the Environment.
Environment, Housing and Infrastructure Scrutiny Panel.
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) P.106/2019. Regulations 201- (P.106/2019): second amendment. Amd.(2) Lodged: 20th February 2020, Environment, Housing and Infrastructure Scrutiny
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) P.106/2019. Regulations 201- (P.106/2019): third amendment. Amd.(3) Lodged: 12th March 2020, Minister for the Environment.
DR. M. EGAN Greffier of the States
6th May 2020 Note –
In accordance with the meeting dates fixed for 2019 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 13th and Thursday 14th May 2020.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.44/2020.
Prison (Temporary Amendment – Covid-19) (Jersey) Rules 2020.
These Rules amend the Prison (Jersey) Rules 2007 to create a specific procedure relating to recall of prisoners who have been released temporarily by the Minister, for reasons of safety to deal with the Covid- 19 epidemic. Under the new Rule 64A the Minister may order the return of such prisoners into custody. A right to request a review of the Minister's order is also conferred and such a request must be considered initially by a panel of the Independent Prison Monitoring Board.
The new Rule applies to all prisoners temporarily released prior to 30th September 2020 – including those already on temporary release, but not yet recalled, when the new Rule takes effect.
The Rules were made on 21st April 2020 and came into force on 22nd April 2020.
R&O.51/2020.
Covid-19 (Construction Work) (Jersey) Order 2020.
This Order prohibits construction work for a specified period, provides for exemptions, and enables the Minister for Health and Social Services to grant (and vary or cancel) permits.
Article 1 is the interpretation provision. It uses "Construction Regulations" for the Covid-19 (Construction Work) (Jersey) Regulations 2020, under which this Order is made. It provides that references to guidance include future amendments of that guidance, and that electronic versions of permits (as well as notices) can be treated as being in writing. Several terms used (such as "construction work") are already defined in the Construction Regulations to have the same meanings as in the Health and Safety (Management in Construction) (Jersey) Regulations 2016, and this Article adds that "structure" has the same meaning as in those Regulations too.
Article 2 provides for the start and end of the restriction period during which the prohibitions and permit provisions apply. The period starts on the commencement of the Order. It ends at the end of the equivalent "restricted movement period" declared by the Covid-19 (Restricted Movement) (Jersey) Order 2020. If that Order is amended to postpone the end of that period, then the restriction period for this Order ends at the same amended date. The prohibitions are only effective (and therefore the permits are only needed) during the restriction period.
Article 3 imposes a general prohibition on construction work. The exceptions are where there is an exemption under Article 4 or a permit under Article 5. Neither of those Articles applies to a person undertaking the work who has a current diagnosis, or symptoms, of Covid-19.
Article 4 provides for 2 exemptions from the general prohibition, where a permit is not required. (In addition, under Regulation 2 of the Construction Regulations, this Order cannot apply to work undertaken by a single individual with nobody else present, or to "owner-builders of dwellings" under Regulation 6 of those Regulations.)
The first exemption is where there are only 2 individuals undertaking the work (which does not need to be urgent or necessary) and there is nobody else on the site (except residents who are inside a structure, with the workers outside). The 2 workers must remain at least 2 metres apart and follow relevant guidance from the Medical Officer of Health.
The other exemption is for necessary emergency repairs or maintenance. These can be done by whatever number of individuals is essential for the work to be done (not limited to 2). But there must be no other people at the site, or all the other people must be residents at the site. The workers must remain at least 2 metres apart (unless it is essential to work more closely to avoid a risk of immediate harm to a person or a structure), and follow relevant guidance from the Medical Officer of Health.
Article 5 provides for work undertaken under a permit granted by the Minister for Health and Social Services (the "Minister"), as an exception to the general prohibition on construction work. The work must be undertaken in compliance with guidance from the Medical Officer of Health (or the Minister, or both). It must be covered by a permit, and undertaken in compliance with any conditions on the permit.
Article 6 provides for the grant of permits. A permit covers work on a site, and must identify the work and the site. It is granted to the commercial client (if there is one) or to the principal contractor (but it applies to work undertaken at the site by anyone). It can be time limited, or otherwise will expire when the work is completed (unless it is cancelled sooner). To grant the permit, the Minister must be satisfied that the work will be undertaken without any offences under the Construction Regulations being committed by anyone at the site and in relation to the work.
Article 7 provides for conditions attaching to permits. All permits are subject to 2 conditions in this Article. The first is that a notice, containing details of the permit, must be displayed outside the site. The second is that people authorised by the Minister must be given access to the site, and those working there must cooperate in the person inspecting the site to determine if offences have been committed. The Minister can add further conditions to different classes of permit, by publishing a notice containing the conditions. The Minister can also add further conditions to individual permits (by written notice to the permit holder), if he or she is satisfied that it is necessary to do so to ensure that no offences are committed under the Construction Regulations or that the risk of spreading Covid-19 at the site is reduced. The Minister can attach these conditions (for an individual permit) on or after the grant of the permit, and can vary or revoke a condition by written notice.
Article 8 allows the Minister to cancel a permit if satisfied, after warning the permit holder (or a person working at the site), that work should stop because entry is being refused to the site (or those on the site are not cooperating with an inspection), or because the Minister reasonably suspects some other offence under the Construction Regulations has been committed. The cancellation is by written notice (which can be electronic) to the permit holder. The Minister must ensure a notice of the cancellation is displayed outside the site for a reasonable time.
Article 9 provides for the citation and brings the Order into force on the day after it is made. The Order was made on 22nd April 2020 and came into force on 23rd April 2020.
R&O.52/2020.
Covid-19 (Restricted Movement) (Amendment – Second Extension) (Jersey) Order 2020.
This Order amends the Covid-19 (Restricted Movement) (Jersey) Order 2020. The amendment extends, for the second time, the period of restricted movement under that Order. That period, as first extended, was due to end at 8 a.m. on Monday 27th April 2020. This amendment means that it ends instead at 8 a.m. on Monday 11th May 2020.
The Order was made on 24th April 2020 and came into force at 8 a.m. on Monday 27th April 2020. R&O.53/2020.
Capacity and Self-Determination (Miscellaneous Provisions and Prescribed Fees and Forms) (Amendment) (Jersey) Order 2020.
This Order amends the Capacity and Self-Determination (Miscellaneous Provisions and Prescribed Fees and Forms) (Jersey) Order 2018 ("the 2018 Order"). The 2018 Order includes additional provisions relating to the making of a power of attorney and also requests for significant restrictions on liberty under the Capacity and Self-Determination (Jersey) Law 2016.
Article 2 adds a minister of religion to the prescribed persons who may witness the execution of a lasting power of attorney ("LPA") by either the person conferring authority under the LPA ("P") or the person on whom the authority is conferred ("A") and adds person who is over the age of 18 and has known A for 2 or more years as a prescribed person who may witness the signature of A.
Article 3 prescribes a period for objecting to that registration. The period prescribed is 10 working days from the day after the day on which the notices relating to the LPA are given to P and A.
Articles 4 and 5 and the Schedule replace the forms for notices acknowledging an application for registration of an LPA and notifying P and A of the registration. Article 4 also removes the prescribed form for requesting an assessment of a significant restriction on liberty.
Article 6 gives the title by which this Order may be cited and provides for it to come into force 7 days after it is made.
The Order was made on 28th April 2020 and came into force on 5th April 2020.
R&O.54/2020.
EU Legislation (Sanctions – Yemen) (Amendment No. 2) (Jersey) Order 2020.
This Order amends the EU Legislation (Sanctions – Yemen) (Jersey) Order 2014 to give effect to Council Regulation (EU) 2020/488 of 2 April 2020 amending Regulation (EU) No 1352/2014 concerning restrictive measures in view of the situation in Yemen. The amendment allows the Minister to grant authorisations for otherwise prohibited acts in cases in which the United Nations has determined that a derogation is necessary.
The Order was made on 30th April 2020 and came into force on 1st May 2020. R&O.55/2020.
Taxation (Implementation) (International Tax Compliance) (Common Reporting Standard) (Amendment of Regulations No. 3 – Participating Jurisdictions) (Jersey) Order 2020.
This Order amends the Taxation (Implementation) (International Tax Compliance) (Common Reporting Standard) (Jersey) Regulations 2015 (the "Regulations") to add 3 countries to the list of participating jurisdictions that are covered by the Regulations.
Article 1 replaces Schedule 4 to the Regulations and, in doing so, adds 3 new participating jurisdictions to the Regulations – Ecuador, Liberia and Morocco.
Article 2 sets out the name by which this Order may be cited and provides that it comes into force on the day after it is made.
The Order was made on 30th April 2020 and came into force on 1st May 2020.
R&O.56/2020.
Covid-19 (Restricted Movement) (Amendment – Exceptions) (Jersey) Order 2020.
This Order amends Article 2 of the Covid-19 (Restricted Movement) (Jersey) Order 2020. It adds a further exception from the requirement, in Regulation 5 of the Covid-19 (Screening, Assessment and Isolation) (Jersey) Regulations 2020, not to go to or remain in a public place.
The exception is for a person who is in a public place for the purpose of taking a period of absence of up to 4 hours from that person's home. The period of absence can be taken as one continuous period, or as more than one period as long as the total in any one day does not exceed 4 hours. The exception does not require the entire period of absence to be spent in public places.
The exception applies only if the person remains, while in a public place, at least 2 metres away from anyone who resides in a different home. The exception requires the period of absence to be spent outdoors or in shops or other business premises (as defined by the Covid-19 (Restricted Trading) (Jersey) Regulations 2020, and as long as the shop or other premises are not closed to members of the public by an Order under those Regulations) rather than in any other buildings. The exception is not needed by a person who is already covered by any of the other existing exceptions in the amended Order, or who has a reasonable excuse for going to or remaining in a public place.
The Order comes into force on the day after it is made.
The Order was made on 1st May 2020 and came into force on 2nd May 2020.
R&O.57/2020.
Covid-19 (Restricted Trading) (Jersey) Order 2020.
This Order restricts trading for certain business premises for a specified period under the Covid-19 (Restricted Trading) (Jersey) Regulations 2020 (the "Restricted Trading Regulations").
Article 1 is an interpretation provision, which defines food and drink premises and retail premises (referred to in Articles 3 and 4).
Article 2 provides for the start and end of the restricted trading period during which trading restrictions apply. The period starts on the commencement of the Order and ends at 8 a.m. on Monday 11th May 2020, which is currently the end of the equivalent "restricted movement period" declared by the Covid-19 (Restricted Movement) (Jersey) Order 2020.
Article 3 provides that certain types of business premises must be closed to members of the public. Those business premises are –
- spas, nail salons, beauty salons, waxing salons, tanning salons, hair laser removal, tattoo or piercing parlours or massage parlours;
- public swimming pools and paddling pools;
- outdoor playgrounds and gymnasium equipment in public places;
- indoor recreation facilities, being buildings or places used predominantly for indoor recreation, including squash courts, indoor sport courts, gymnasiums, bowling alleys or any other building or place of a like character used for indoor recreation;
- barbers, hairdressers and hair salons;
- amusement centres and mini-golf courses;
- entertainment facilities, being a concert hall, dance hall, theatre, cinema and the like;
- soft play centres;
- nightclubs, being premises holding a licence of the seventh category (referred to as an "Entertainment Licence") under the Licensing (Jersey) Law 1974, the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not food is sold on the premises;
- auction houses and betting agencies;
- art galleries, libraries and museums, including any property operated by Jersey Heritage; and
- other types of retail premises (being a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out) not otherwise permitted to open for a purpose specified in Article 4.
Article 4(1) provides that certain types of business premises may open, but only for the purpose specified. Those business premises and specified purposes are –
- boarding houses, caravan parks, camping grounds and hostels for the purpose of accommodating permanent residents of the boarding house, caravan park, camping ground or hostel;
- commercial accommodation for the purpose of accommodating (including providing food and beverages to persons using the accommodation to consume in their room) persons who are employed or contracted to work in Jersey for a specified purpose relating to the covid-19 outbreak;
- community centres for the purpose of providing a service, free of charge, to assist vulnerable members of the public, such as a food bank, blood donations or a service providing for the needs of homeless people
- food and drink premises for the purpose of selling food or beverages for persons to consume off premises;
- golf courses for the purpose of allowing the use, by members of the public, of any outdoor areas forming part of the golf course;
- markets for the purpose of enabling food and drink premises and permitted shops to open for the purpose specified in sub-paragraphs (c) and (f) respectively;
- permitted shops for the purpose of selling the goods and merchandise ordinarily sold by those shops; and
- places of public worship for the purpose of conducting a funeral service or facilitating the formation of a marriage.
A permitted shop is defined as dry cleaners, garden centres, hardware and building supply shops, newsagents, off-licences, pharmacies and chemists, post offices, service or fuel stations, specialist shops for bicycles, mobile phones, office supplies and pet supplies, supermarkets and corner shops, vehicle repair premises and vehicle sales or hire premises.
Article 4(2) makes it clear that Article 4(1) does not prevent business premises from being used –
- to provide a free service to assist vulnerable members of the public such as a food bank, blood donations or a service providing for the needs of homeless people; or
- to provide accommodation (including room service) to a person accessing a public service (including emergency accommodation), whether provided by the Government of Jersey, a private provider or a non-profit organisation.
Regulation 4(2) of the Restricted Trading Regulations makes it an offence (with a penalty of an unlimited fine) for the occupier or operator of business premises specified in Article 4 to allow members of the public to enter or remain in or on the business premises unless reasonable steps have been taken to ensure that each person on the premises (other than any person employed to work on the premises) has sufficient space.
Article 5 prescribes a distance of 2 metres, with the effect that a person has sufficient space if the person is reasonably able to maintain a distance of 2 metres between the person and any other person on the premises (other than any member of the person's household and any person employed to work on the premises).
Article 6 makes it clear that business premises subject to the provisions of the Order may be used to deliver, or to arrange the collection of, goods, merchandise and materials purchased by a person off the premises.
Article 7 provides for the citation and brings the Order into force on the day after it is made. The Order was made on 1st May 2020 and came into force on 2nd May 2020.
R&O.58/2020.
Road Traffic ( St. Saviour ) (Amendment No. 12) (Jersey) Order 2020.
This Order would amend the road restrictions in St. Saviour relating to one-way traffic routes, prohibition on waiting and roads closed to vehicles exceeding 6 feet 6 inches in width. The Order would also insert new provisions closing Chasse Brunet to through traffic at all times and prohibiting parking in specified parts of Wellington Road except disc parking for a maximum 2 hour period between the hours of 9.00 a.m. and 3.00 p.m. This Order comes into force 7 days after the day it is made.
The Order was made on 30th April 2020 and came into force on 7th May 2020.
WRITTEN QUESTIONS
(See Item I(a))
- The Chief Minister will table an answer to the following question asked by the Deputy of St. Martin –
"Will the Chief Minister provide a list of all medium or large-scale Government projects that are not directly related to the current Coronavirus crisis, but which are still currently being worked on?"
- The Minister for Infrastructure will table an answer to the following question asked by the Connétable of St. Helier –
"Will the Minister explain what the current lease arrangements are for Warwick Farm?"
- 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 –
- how many permits have been given to construction sites since their introduction in response to the Coronavirus crisis;
- how many permit requests have been approved and how many have been denied; and
- how many site visits, if any, have been carried out in order to check that sites where work is clearly happening have been issued with a permit?"
- The Minister for Health and Social Services will table an answer to the following question asked by Senator K.L. Moore –
"Will the Minister advise the Assembly –
- the average number of patients seen daily by each GP practice from the beginning of the year to 12th March 2020;
- the average number of patients being seen daily by each GP practice since the urgent treatment centre (UTC) opened on 14th April; and
- the number of GPs working in each GP practice during these respective periods?"
- The Chief Minister will table an answer to the following question asked by Senator K.L. Moore – "Will the Chief Minister state –
- how many people (both on full-time contracts or engaged as consultants) are working remotely for the Government of Jersey from a home based in the U.K.; and
- how many contracts with consultants, if any, have been put on hold during the current Covid- 19 situation and what the consequent saving, if any, is estimated tobe?"
- The Minister for Health and Social Services will table an answer to the following question asked by Senator K.L. Moore –
"Will the Minister provide the Assembly with a table showing the following –
- the brands of the Covid-19 polymerise chain reaction (P.C.R.) tests and antibody tests that are being trialled in the Island;
- the dates on which these tests arrived or, if they have not arrived, the dates on which they are due to be delivered;
- the number of trials that have been conducted to date; and
- confirmation of which testing kits (in both categories) are considered by the Government to be accurate?"
- The Minister for Treasury and Resources will table an answer to the following question asked by the Deputy of St. John –
"Will the Minister advise whether companies that are exempt from Jersey corporation tax are receiving financial support from the Government during the Covid-19 crisis; and, if so, will she provide a comprehensive list of those companies and information about the nature of the support they are currently receiving?"
- 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 whether the subsidy paid by the Government of Jersey to Liberty Bus to provide a school bus service has continued since the closure of schools on 20th March 2020; and if so, will he advise whether the subsidy is being used to pay the wages of employees of this service?"
- The Minister for the Environment will table an answer to the following question asked by Deputy R.J. Ward of St. Helier –
"Will the Minister advise –
- whether funds from the Climate Emergency Fund (C.E.F.) are currently being used to address the financial implications arising from the Covid-19 outbreak; and
- what actions, if any, will be taken to use the C.E.F. to enable and support a sustainable economic recovery following the Covid-19 outbreak?"
- The Minister for Social Security will table an answer to the following question asked by Deputy R.J. Ward of St. Helier –
"Will the Minister provide a breakdown of the number of claimants of the Covid Related Emergency Support Scheme (C.R.E.S.S.) scheme in each of the following cases?
- Single claimants working in Jersey for more than 6 months, with and without dependent children;
- Cohabiting claimants working in Jersey for more than 6 months, with and without dependent children;
- Single claimants working in Jersey for less than 6 months, with and without dependent children; and
- Cohabiting claimants working in Jersey for less than 6 months, with and without dependent children."
- The Chief Minister will table an answer to the following question asked by Deputy R.J. Ward of St. Helier –
"Will the Chief Minister provide a list of the groups, boards or think-tanks established to address Covid-19 recovery planning and actions, including the following details in each case –
- the name of the group;
- a brief summary of remit;
- the names of the members;
- the criteria for inclusion in the group; and
- the process for reporting the group's findings / advice to States Members?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy K.F. Morel of St. Lawrence –
"Prior to making the Covid-19 (Restricted Movement) (Jersey) Order 2020, was the Minister advised about the impact of the Order on the physical and mental health of adults, children and vulnerable people, as well as the social development of children and teenagers; and, if so, will he provide the Assembly with a copy of that advice in the response to this question?"
- The Minister for International Development will table an answer to the following question asked by Deputy K.F. Morel of St. Lawrence –
"What work is the Jersey Overseas Aid Commission undertaking in response to the international Covid-19 crisis to help communities outside Jersey to cope with, or manage, the pandemic; what level of funding is the Commission providing to support this work and the work of other international agencies; and in what countries is this funding being used in the fight against Covid-19?"
- The Minister for Education will table an answer to the following question asked by Deputy K.F. Morel of St. Lawrence –
"Will the Minister advise whether all Jersey schoolchildren have access to Internet-enabled devices and can therefore make use of online learning materials; and, if she is aware that it is not the case, will she explain what actions, if any, are being taken to address the situation?"
- The Chief Minister will table an answer to the following question asked by Deputy K.F. Morel of St. Lawrence –
"Will the Chief Minister advise which elements of the Modernisation and Digital work programme are continuing throughout the Covid-19 crisis; how much is being spent on those elements; and which, if any, aspects of the programme have been rescheduled to a later date, providing the details of any rescheduling?"
- The Minister for External Relations will table an answer to the following question asked by Deputy K.F. Morel of St. Lawrence –
"Will the Minister provide the Assembly with an update on the Government's Brexit planning activity, including an overview of any key matters that have yet to be resolved, and detail what have been assessed as the highest risk matters from Jersey's perspective?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy C.S. Alves of St. Helier –
"Has any consideration been given to subsidising home visits by G.P.s to those with long-term, or permanent, conditions, where it is no longer considered safe for them physically to visit a G.P. due to the current Covid-19 crisis, to access treatment they would normally receive at a G.P. surgery or in hospital?"
- The Minister for Social Security will table an answer to the following question asked by Deputy C.S. Alves of St. Helier –
"Will the Minister outline what financial support, if any, is currently available to people who could otherwise be working, as their place of work is operational, but are unable to do so either due to having an underlying medical condition that puts them at risk in the current Coronavirus crisis, or because they live in a household with others who are considered at high risk?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy C.S. Alves of St. Helier –
"With regard to the current permit system for construction and the operation of construction sites, will the Minister –
- advise how individuals with concerns about the conduct, or lack of adherence to health advice, on these sites can report those concerns; and
- ensure that the details of permits issued to construction sites are published on the gov.je website for all categories?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy C.S. Alves of St. Helier –
"Will the Minister explain what contact-tracing undertaken by the Government entails and, in doing so, will he advise in particular –
- what data are being collected, how they are collected and whether people who have potentially been in contact with someone with a positive diagnosis of Covid-19 are specifically being contacted;
- whether contact-tracing information will be released to the public and, if so, when and how; and if not, why not; and
- whether the current household health survey is intended to inform the contact-tracing work and, if so, whether anyone who has completed the survey has also been contacted directly as part of the contact-tracing process?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy C.S. Alves of St. Helier –
"Given that, according to a recent press release from the Government, Covid-19 antibody testing will be offered to a random selection of 500 households in the Island, will the Minister –
- state why these antibody tests have not been prioritised for those who have had Covid-19 symptoms, but who were not tested, or for those who live with others who tested positive, but who themselves were not tested; and
- advise whether those people who fit into the two situations described in paragraph (a) will be tested for antibodies and, if so, when; and if not, why not?"
- The Minister for Children and Housing will table an answer to the following question asked by the Deputy of St. Peter –
"With specific reference to prospective tenants referred from emergency housing, what guidelines, if any, are currently in place for landlords, and landlords' agents, when conducting condition reports and showing to such prospective tenants, in light of the need to adhere to social distancing?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy R.J. Ward of St. Helier –
"In respect of staffing at the Nightingale' Hospital, will the Minister advise –
- what level of training will be provided to those staff who are not already fully-qualified nurses, specifying what any such training programme will include;
- what plans, if any, there are for employment of these staff beyond the current Covid-19 crisis; and
- whether such staff will receive polymerase chain reaction (P.C.R.) and antibody testing both before commencing work and as an ongoing safety measure?"
- The Minister for Treasury and Resources will table an answer to the following question asked by the Connétable of St. Martin –
"Will the Minister, as shareholder representative, advise how many external contracts (such as commercial agreements with other jurisdictions or companies) JT is currently entered into; and how many of these contracts, if any, have been suspended as a result of the Covid-19 pandemic?"
- The Minister for the Environment will table an answer to the following question asked by the Connétable of St. Martin –
"Will the Minister state whether it is his assessment that existing animal welfare legislation makes sufficient provision for any mistreatment of an animal to be dealt with swiftly and effectively; and if it is his assessment that there is insufficient provision, will he state when he will bring forward changes to the legislation to ensure that the provision is adequate and comprehensive?"
- The Minister for Treasury and Resources will table an answer to the following question asked by Deputy M. Tadier of St. Brelade –
"Will the Minister, as shareholder representative, advise whether Ports of Jersey made the decision to erect a sign at St. Catherine's Breakwater to advise that fishing was not permitted due to the Coronavirus situation; and if so, on what advice was this action taken?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"Further to his response to Oral Question 101/2020, in which he advised that, from 2009, the stock of personal protective equipment (P.P.E.) for a flu-like pandemic was integrated with the business-as- usual (B.A.U.) stock and that this had been increased by 10%, will the Minister state what that 10% increase was in real terms; and will he explain how the adoption of Health England' guidelines to manage P.P.E. provision ensures the safety of patients and frontline staff?"
- The Minister for Health and Social Services will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –
"What nurse-to-patient ratio has been planned, if any, in the event that all Jersey hospital beds are occupied with Coronavirus patients; how does any such ratio compare with the standard ratio required to ensure patient and staff safety; and, if the planned ratio does not meet the safety standards normally employed, when is it envisaged that ratios will start to diverge from those standards?"
- The Minister for Treasury and Resources will table an answer to the following question asked by Deputy I. Gardiner of St. Helier –
"Will the Minister advise –
- how many applications there have been to the Government Co-Funded Payroll Scheme;
- how much has been claimed through these applications;
- how much has been granted to date through the Scheme;
- what checks and balances (or control mechanisms), if any, are in place to monitor the use of grants by the applicants; and
- whether any measures are in place to enable data-sharing and analysis to be undertaken by the department administering this scheme in conjunction with the administration of Income Support and Social Security contributions?"
- The Minister for Social Security will table an answer to the following question asked by Deputy I. Gardiner of St. Helier –
"Will the Minister advise the Assembly of the impact of the Covid-19 crisis on the Income Support scheme, including –
- the rate and number of applications;
- the number of people being supported;
- the amount being granted under the scheme;
- numbers and employability ratings of applicants with specific respect to the Back to Work scheme, taking into account underlying health conditions; and
- whether there is any mechanism in place to allow for the reassessment of the health conditions and employability status of applicants and, if not, whether there are any plans to introduce such a mechanism?"
- The Minister for Economic Development, Tourism, Sport and Culture will table an answer to the following question asked by Deputy I. Gardiner of St. Helier –
"Will the Minister advise –
- whether there are any plans by the Government to facilitate arrangements for labour to be brought to the Island or whether Government policy is to ensure reliance upon the redeployment of workers already based in Jersey; and
- whether the Government has any statistics on the redeployment of such locally-based workers to essential areas of employment (such as agriculture and care homes) and, if so, will he provide those statistics?"