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STATES OF JERSEY ORDER PAPER
19th JANUARY 2021
SUMMARY
9.30 a.m. Communications by the Presiding Officer and other announcements
Appointments, matters of privilege, petitions
• Appointment of the Chair of the Economic and International Affairs Scrutiny Panel
• Nomination of the Deputy of St. Martin and Deputy G.J. Truscott as members of the Environment, Housing and Infrastructure Scrutiny Panel
• Nomination of Senator T.A. Vallois as a member of the Children, Education and Home Affairs Scrutiny Panel
• Nomination of Senator T.A. Vallois as a member of the Public Accounts Committee
• Nomination of Senator T.A. Vallois as a member of the Privileges and Procedures Committee who is not a Minister or Assistant Minister
• Nomination of members of the Economic and International Affairs Scrutiny Panel
Approx. 10.15 a.m. Oral questions with notice
Up to 2 hours 20
minutes
Urgent questions (if any)
Up to 45 minutes, Oral questions without notice:
divided between the Minister for Children and Housing
three Ministers Minister for Economic Development, Tourism, Sport and
Culture
• Chief Minister
Statements (if any)
Approx. 2.45 p.m. Draft Amendment (No. 51) of the Standing Orders of the States of
Draft Financial Services Ombudsman (Board – Amendment) (Jersey) Regulations 202- (P.162/2020)
Jersey Employment and Discrimination Tribunal: Appointment of Side Members (P.164/2020)
Jersey Police Complaints Authority: Appointment of Chair (P.169/2020)
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 20th and Thursday 21st January 2021 if necessary.
STATES OF JERSEY ORDER PAPER
19th JANUARY 2021 CONSOLIDATED
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Sanctions and Asset-Freezing (Implementation of EU Regulations) R&O.170/2020. (Amendment – Libya) (Jersey) Order 2020.
Minister for External Relations.
Infrastructure (Driver and Vehicle Standards – 2021 Fees) (Jersey) Order R&O.174/2020. 2020.
Prison (Amendment No. 4) (Jersey) Rules 2020. R&O.175/2020. Minister for Home Affairs.
Home Affairs (Fire and Rescue and Petroleum – 2021 Fees) (Jersey) Order R&O.176/2020. 2020.
Customs and Excise (Import and Export Control) (Amendment No. 3) (Jersey) R&O.177/2020. Order 2020.
Nursing Homes (2021 Fees) (Jersey) Order 2020. R&O.182/2020. Chief Minister.
Financial Services (Disclosure and Provision of Information) (Jersey) Order R&O.184/2020. 2020.
Minister for External Relations.
Environment (2021 Fees) (Jersey) Order 2020. R&O.185/2020. Minister for the Environment.
Plant Health (Phytosanitary Certificates and UK Plant Passports) (Jersey) Order R&O.188/2020. 2020.
Minister for External Relations.
* Covid-19 (Gatherings and Workplace Restrictions – Miscellaneous R&O.3/2021. Amendments) (Jersey) Order 2021.
Minister for Health and Social Services.
- DOCUMENTS PRESENTED
Amendment of the Standing Orders of the States of Jersey to Provide for P.166/2020. Political Parties (P.166/2020): comments. Com. Presented: 13th January 2021, Privileges and Procedures Committee.
Accounting Standards to be Adopted for the States of Jersey's Annual Financial R.144/2020. Statements 2020.
Presented: 23rd December 2020, Minister for Treasury and Resources.
States of Jersey Complaints Board: Findings – Complaint by Mr. A. Liddle R.1/2021. Against the Minister for the Environment Regarding the Lack of Enforcement
Action Relating to the Operation by an Online Retailer Within St. Peter 's
Presented: 6th January 2021, Privileges and Procedures Committee.
Time Limits on Speeches in Debates: Guidance on the Exercise of Discretion. R.3/2021. Presented: 8th January 2021, Privileges and Procedures Committee.
Land Transactions Under Standing Order 168(3) – Office Accommodation R.4/2021. Project, 31-41 Broad Street & 19-29 Commercial Street, St. Helier – Lease.
Presented: 8th January 2021, Minister for Infrastructure.
Andium Homes Limited: Appointment of an Independent Director to Act as R.6/2021. Chair.
Presented: 12th January 2021, Minister for Treasury and Resources.
Change to the Deployment of Taser by the States of Jersey Police Force S.R.6/2020. (S.R.6/2020) – Response of the Minister for Home Affairs. Res. Presented: 13th January 2021, Minister for Home Affairs.
Government Plan: 2021-2024 (S.R.10/2020) – Joint Response of the Ministers S.R.10/2020. for Social Security and Health and Social Services. Res. Presented: 12th January 2021, Minister for Social Security.
- NOTIFICATION OF LODGED PROPOSITIONS
(Note: The lodging of propositions P.170/2020 and P.171/2020 were listed on the Order Paper for the meeting held on 27th December 2020).
Draft Taxation (Companies – Economic Substance) (Amendment No. 2) P.172/2020. (Jersey) Law 202-.
Lodged: 29th December 2020, Minister for External Relations.
Skatepark at Les Quennevais Sports Centre. P.1/2021. Lodged: 6th January 2021, Senator S.W. Pallett.
- 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 –
Immigration Acts: Extension to Jersey by Order in Council. P.119/2020. Lodged: 22nd September 2020, Chief Minister.
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS Appointment of the Chair of the Economic and International Affairs Scrutiny Panel.
Nomination of the Deputy of St. Martin and Deputy G.J. Truscott as members of the Environment, Housing and Infrastructure Scrutiny Panel.
Nomination of Senator T.A. Vallois as a member of the Children, Education and Home Affairs Scrutiny Panel.
* Nomination of Senator T.A. Vallois as a member of the Public Accounts Committee.
* Nis noomti a natMiion niostfeSer ornat Aorss iT.Astant. V Malilnioists eras. a member of the Privileges and Procedures Committee who
* Nomination of members of the Economic and International Affairs Scrutiny Panel.
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions
There are no Written Questions to which answers have been tabled since the previous meeting.
- – Oral Questions (140 minutes)
OQ.12/2021 1. Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Minister for Health
and Social Services –
"Will the Minister update the Assembly on the current medical advice with regards to the safe opening of schools during the Covid-19 pandemic; and give a comparative assessment of the health and wellbeing effects of continuing to keep the schools open as opposed to closing them?"
OQ.14/2021 2. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Treasury
and Resources –
"Will the Minister explain the current position in relation to ensuring that bodies such as E- Bay, Amazon, or other British national and international trading bodies and foreign States, are not charging Islanders V.A.T. on goods purchased or, alternatively, that mechanisms are in place to refund any V.A.T. charged; and what action, if any, her department is taking to ensure that Jersey consumers are not being disadvantaged in this regard?"
OQ.2/2021 3. Deputy J.M. Maçon of St. Saviour will ask the following question of H.M. Attorney General –
"Will H.M. Attorney General advise whether there are any legal considerations involved in decisions taken to change the priority order for people to receive a Covid vaccination and what legal recourse, if any, is available to any members of the public who are adversely impacted by such decisions?"
OQ.23/2021 4. Deputy S.M. Ahier of St. Helier will ask the following question of the Minister for Home
* Affairs –
"Will the Minister advise the Assembly what plans, if any, he has to increase the age of criminal responsibility in Jersey?"
OQ.1/2021 5. Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for the
Environment –
"Will the Minister advise the Assembly if any research or studies have taken place to identify whether there are any clusters of PFAS (perfluoroalkyl substances) related illnesses or conditions within the PFAS plume area, the wider St. Ouen 's Bay area or the Island as a whole?"
OQ.21/2021 6. Senator S.Y. Mézec will ask the following question of the Chief Minister –
"What evidence, if any, can the Chief Minister provide to demonstrate whether levels of income inequality, and the number of Islanders living on relative low incomes, have either risen or fallen during his time in office?"
OQ.19/2021 7. Deputy K.G. Pamplin of St. Saviour will ask the following question of H.M. Attorney General –
"Will H.M. Attorney-General advise members of the extent, if any, to which the Island's road traffic legislation protects the most vulnerable road users by the means of presumed liability?"
OQ.16/2021 8. Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister explain how the proposal to create the new post of Director of Analytics and Statistics, operating from the Strategy, Policy, Planning and Performance (S.P.P.P.) Department and ultimately responsible to the S.P.P.P. Director General, does not remove the necessary independence of Statistics Jersey?"
OQ.4/2021 9. Senator S.W. Pallett will ask the following question of the Minister for Health and Social
Services –
"Given the increased risk of mental distress to Islanders as a result of both past and present Covid-19 restrictions, will the Minister advise the Assembly of the current waiting times for an appointment at the Listening Lounge, Jersey Talking Therapies and Adult Mental Health Services?"
OQ.8/2021 10. The Connétable of St. Martin will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"Will the Minister advise what action, if any, is being taken to ensure that senior leads and officers for the new Arts and Culture strategies are sourced locally?"
OQ.5/2021 11. Deputy I. Gardiner of St. Helier will ask the following question of the Assistant Chief
Minister –
"Will the Minister provide States members and the public with diagrams of what the proposed hospital and suggested access routes will look like ahead of the planned debate of Our Hospital: Preferred Access Route' (P.167/2020)?"
OQ.10/2021 12. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for Social
Security –
"Given that pay-as-you-go mobile phone users can pay up to 39p a minute when held in a queue for the Social Security or Covid-19 helplines, will the Minister advise whether there is any facility for members of the public to make these calls for free; and if not, will the Minister commit to enabling this as a matter of urgency?"
OQ.18/2021 13. Deputy C.S. Alves of St. Helier will ask the following question of the Minister for Social
Security –
"Will the Minister advise why taxpayers on the marginal rate tax are paying 1.95% of their taxable income for long-term care, whereas those on the standard tax rate are charged only 1.5% on their taxable income?"
OQ.20/2021 14. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for Health
and Social Services –
"What has been the response from Islanders to date to the letters inviting them to take part in the Assisted Dying Citizens' Jury; and is its establishment on track to meet the timetable for delivery?"
OQ.22/2021 15. Senator S.Y. Mézec will ask the following question of the Minister for Infrastructure –
"Since the relocation of Government offices from Cyril Le Marquand House to Broad Street in 2018, as part of a wider office strategy to free up Government-owned sites for affordable housing, will the Minister advise how many Government-owned sites have been officially identified for this purpose?"
OQ.7/2021 16. Deputy K.F. Morel of St. Lawrence will ask the following question of the Chief Minister –
"In light of the incorporation of Statistics Jersey into Strategic Policy, Performance, and Planning (S.P.P.P.), will the Chief Minister explain what further measures, if any, are planned in respect of the status of Statistics Jersey; and will he state why the Chief Statistician has been placed on gardening leave?"
OQ.6/2021 17. Deputy I. Gardiner of St. Helier will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"Given that the E-petition calling for additional support to small businesses has received over 1,000 signatures, will the Minister advise what plans he has, if any, to offer one-off grants to those that have been worst affected by forced closures?"
OQ.15/2021 18. Deputy M.R. Higgins of St. Helier will ask the following question of the Minister for Children
and Housing –
"Given the impacts of Covid-19 and the acute shortage of housing, especially for low paid and vulnerable members of society, will the Minister advise what actions, if any, are being taken to prevent Islanders being evicted from their homes during the pandemic, whether due to the actions of creditors or landlords; and state whether the use of hotels or sofa-surfing are considered viable policy alternatives to the prevention of eviction?"
OQ.3/2021 19. Deputy J.M. Maçon of St. Saviour will ask the following question of H.M. Attorney General –
"Further to Oral Question 193/2020 regarding access to the electoral register, will H.M. Attorney General advise whether individuals can apply to each Parish to receive a copy of the electoral registers for the purpose of promoting enrolment on the register; and, if so, how they are able to do so?"
OQ.9/2021 20. The Connétable of St. Martin will ask the following question of the Minister for Health and
Social Services –
"Will the Minister update the Assembly on how the proposed changes to the Assisted Reproduction Unit are progressing; will he assure members that there will be no interruption to patient treatments or services during any transition period and, if he cannot make such an assurance, will the Minister explain why?"
OQ.13/2021 21. Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Minister for Health
and Social Services –
"Will the Minister advise what the current position is in relation to ensuring support partners are able to accompany pregnant women for scans; and whether it is possible for individuals to be tested, and to isolate in advance of planned scans, to enable this to happen?"
OQ.11/2021 22. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for Treasury and
Resources –
"Further to the adoption of P.94/2019, will the Minister update members on the implementation of the commitments to work with Statistics Jersey on the requirement that all States expenditure be classified in accordance with the United Nations Classification of the Functions of Government system and to ensure that Government documents present and classify financial information in accordance with international best practice?"
OQ.17/2021 23. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Health
and Social Services –
"Will the Minister update members on the activity that is taking place in the Hospital to address routine elective and urgent treatments; will he provide the latest waiting lists for surgery for December 2020 compared to December 2019, and state what alternative treatment, if any, is offered in the event of patients being turned away from the Hospital?"
- – Questions to Ministers without notice (45 minutes) –
1st question period – Minister for Children and Housing
2nd question period – Minister for Economic Development, Tourism, Sport and Culture 3rd question period – Chief Minister
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Draft Financial Services Ombudsman (Board – Amendment) (Jersey) P.162/2020. Regulations 202-.
Lodged: 7th December 2020, Minister for Economic Development, Tourism, Sport
Jersey Employment and Discrimination Tribunal: Appointment of Side P.164/2020. Members.
Lodged: 10th December 2020, Minister for Social Security.
Amendment of the Standing Orders of the States of Jersey to Provide for P.166/2020. Political Parties.
Lodged: 11th December 2020, Senator S.Y. Mézec .
Amendment of the Standing Orders of the States of Jersey to Provide for Political P.166/2020. Parties (P.166/2020): comments. Com. Presented: 13th January 2020, Privileges and Procedures Committee.
- ARRANGEMENT OF PUBLIC BUSINESS 9th February 2021
Note: The 2nd reading of the Draft Law will resume, following adoption of the principles on 3rd November 2020 and the subsequent referral to the Environment, Housing and Infrastructure Scrutiny Panel under Standing Order 72(1).
Draft Wildlife (Jersey) Law 202- (P.110/2020): amendment (P.110/2020 Amd.) – P.110/2020. comments. Amd.Com. Presented: 30th October 2020, Minister for the Environment.
Encroachments on the Foreshore: Revised Policy. P.111/2020. Lodged: 18th September 2020, Minister for Infrastructure.
Migration Control Policy. P.137/2020. Lodged: 20th October 2020, Chief Minister.
Secondary Employment of Public Sector Employees: Review of Policies. P.146/2020. Lodged: 30th October 2020, Deputy J.M. Maçon of St. Saviour .
Our Hospital: Preferred Access Route. P.167/2020. Lodged: 14th December 2020, Council of Ministers.
Draft Taxation (Companies – Economic Substance) (Amendment No. 2) P.172/2020. (Jersey) Law 202-.
Lodged: 29th December 2020, Minister for External Relations.
Skatepark at Les Quennevais Sports Centre. P.1/2021. Lodged: 6th January 2021, Senator S.W. Pallett.
DR. M. EGAN Greffier of the States
18th January 2021 Note –
In accordance with the meeting dates fixed for 2019 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 20th and Thursday 21st January 2021.
An asterisk * in the left-hand margin denotes either a new item added to this Order Paper since the Order Paper was first published on 14th January 2021, or an item which has been altered or moved.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.3/2021.
Covid-19 (Gatherings and Workplace Restrictions – Miscellaneous Amendments) (Jersey) Order 2021. Minister for Health and Social Services.
This Order makes various amendments to the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 and the Covid-19 (Gathering Control) (Jersey) Order 2020.
The changes to the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 are as follows.
This Order adds workplaces used for acupuncture to the list of workplaces that are prohibited from being open to the public.
It creates an exception from the prohibitions in that list for a workplace that is open for the purpose of a therapeutic service that is provided by a doctor or another professional registered under the Health Care (Registration) (Jersey) Law 1995, or by another person on a referral from a doctor or a registered professional.
It alters the condition of opening, for retail and certain other workplaces, that the occupier or operator requires people to maintain 2 metres distancing from each other, so that this does not apply between people who are members of the same household.
It imposes a condition on the opening of a workplace, while it is used for the purpose of a gathering of a children's activity group, that the occupier or operator of the workplace ensures that the gathering complies with the amended provisions of the Covid-19 (Gathering Control) (Jersey) Order 2020 (see below).
The changes to the Covid-19 (Gathering Control) (Jersey) Order 2020 are as follows.
This Order reinstates the higher limit of 20 people for gatherings for marriages, civil partnerships, funerals and religious services (which did not apply to gatherings taking place later than 6th January 2021), and removes the requirement that they had to have been arranged before 23rd December 2020.
It also replaces the provisions on children's activity groups (which also did not apply to gatherings taking place later than 6th January 2021) with a provision that defines a children's activity group and alters the way the number of people is calculated. It disapplies the other control requirements if the gathering of the group has no more than 10 people present (who must be the children or the carers of the children) in addition to any number of people who are organising the children's activities but are not themselves the children or the carers of the children. The group still must have been established before 12th December 2020 and it must not gather in a person's home.
It also alters the exception for day care of children, so that it only applies to day carers and accommodation that are registered under the Day Care of Children (Jersey) Law 2002. But a gathering can still be for the purposes of registered day care even if it includes children aged 12 or older (although the registration under that Law only applies in relation to younger children), as long as they are looked after with other children aged 11 or younger.
The Order was made on 15th January 2021 and came into force on 16th January 2021.
Note regarding the appointments processes (See Item F)
Appointment of the Chair of the Economic and International Affairs Scrutiny Panel
Ministers and Assistant Ministers are not eligible for appointment to this position. The relevant Ministers are prevented from either nominating candidates or taking part in the final vote. The corresponding Ministers for the Panel are the Chief Minister; Minister for Economic Development, Tourism, Sport and Culture; the Minister for External Relations; and the Minister for International Development.
All Ministers are nevertheless able to take part in the questioning of each candidate. The Presiding Officer will invite nominations. Each nomination must be seconded. If there is only one nomination, the member nominated will speak for up to 10 minutes followed by a 20-minute question period; after which the member will be selected for appointment. If there is more than one nomination, each candidate will speak for up to 10 minutes with a 20-minute question period. The candidates will speak and be questioned in the order in which they have been nominated. Other candidates must withdraw from the meeting during the speeches and question period. Following the speeches and question periods, a recorded vote will be held.
Members of Scrutiny Panels and the Public Accounts Committee
Standing Orders 123 and 125 provide that the Chairs of Scrutiny Panels and the Public Accounts Committee shall nominate members who are neither a Minister nor an Assistant Minister as member of the Committee or Panel. After the Chair has made their nomination the Presiding Officer will invite alternative nominations. Only members who meet the relevant criteria are eligible for membership. If alternative nominations are made there will be a ballot for membership. In each case, the candidate(s) with the largest numbers of votes will be elected.
Members of the Privileges and Procedures Committee
Standing Order 122 provides that the Chair of the Privileges and Procedures Committee shall nominate a member who is neither a Minister nor an Assistant Minister as a member of the Committee. After the Chair has made his nomination the Presiding Officer will invite alternative nominations. Only members who meet the relevant criteria are eligible for membership. If alternative nominations are made there will be a ballot for membership of the category concerned. The candidate with the largest numbers of votes will be elected.
Explanatory Note regarding the main respondents for items listed under Public Business (Item L)
In accordance with Standing Order 104A, a time limit of 15 minutes applies to speeches made during debate, unless discretion has been exercised to allow for a longer, or shorter, time limit. No time limit applies to either speech made by the proposer.
Discretion is exercised by the Presiding Officer in accordance with guidance issued by the Bailiff , following consultation with the Privileges and Procedures Committee. The current guidance was presented to the States in the report Time Limits on Speeches in Debates: Guidance on the Exercise of Discretion' (R.3/2021). The report states that discretion may be exercised to allow for a longer speech than 15 minutes where the member speaking is designated as the main respondent' to the debate.
The following members have been identified as the main respondents in the debates listed to occur at this meeting –
Debate | Main Respondent(s) |
Draft Amendment (No. 51) of the Standing Orders of the States of Jersey (P.161/2020) | Chair of the Privileges and Procedures Committee |
Draft Financial Services Ombudsman (Board – Amendment) (Jersey) Regulations 202- (P.162/2020) | Chair of the Economic and International Affairs Scrutiny Panel |
Jersey Employment and Discrimination Tribunal: Appointment of Side Members (P.164/2020) | Chair of the Health and Social Security Scrutiny Panel |
Amendment of the Standing Orders of the States of Jersey to Provide for Political Parties (P.166/2020) | Chair of the Privileges and Procedures Committee |
Jersey Police Complaints Authority: Appointment of Chair (P.169/2020) | Chair of the Children, Education and Home Affairs Scrutiny Panel |