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Order Paper 23rd March 2021

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STATES OF JERSEY ORDER PAPER

23rd MARCH 2021

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.  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 Home Affairs three Ministers  Minister for Infrastructure

 Chief Minister

Statements (if any)

Approx. 2.15 p.m.  Secondary  Employment  of  Public  Sector  Employees:  Review  of

Policies (P.146/2020)

Draft States of Jersey (Amendment No. 9) Law 202- (P.3/2021)  

Draft Road Traffic (No. 65) (Jersey) Regulations 202- (P.6/2021 re- issue)

Draft Termination of Pregnancy (Amendment No.2) (Jersey) Law 202- (P.8/2021 re-issue)

Draft Income Tax (Payment of 2019 Liability) (Jersey) Regulations 202- (P.9/2021)

Land  Transaction  under  Standing  Order  168  (3)  Office Accommodation  Project,  Union  Street,  St  Helier   Deferral  of approval (P.18/2021 re-issue)

Note: Notice has been given of the intention to propose that the minimum lodging period be reduced so that the proposition can be debated.

Population Policy (Consideration in Committee')

Note: This will take place on Thursday 25th March 2021. 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 24th and Thursday 25th March 2021 if necessary.

STATES OF JERSEY ORDER PAPER

23rd MARCH 2021

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

States of Jersey (Minister for Children and Education, Minister for Housing R&O.29/2021. and Communities and Minister for External Relations and Financial Services)

(Jersey) Order 2021.

Chief Minister.

Emergency  Powers  and  Planning  (Medicines  and  Vaccines   Covid-19)  R&O.30/2021. (Jersey) Order 2021.

Minister for Health and Social Services.

Covid-19 (Gathering Control) (Amendment No. 4) (Jersey) Order 2021.  R&O.31/2021. Minister for Health and Social Services.

Social Security (Television Licence Benefit – Income Threshold) (Jersey) R&O.32/2021. Order 2021.

Minister for Social Security.

Covid-19 (Workplace Restrictions and Gathering Control) (Amendment No. R&O.33/2021. 3) (Jersey) Order 2021.

Minister for Health and Social Services.

Motor Vehicles (Wearing of Seat Belts by Adults) (Amendment No. 2)  R&O.34/2021. (Jersey) Order 2021

Minister for Infrastructure.

Road Traffic ( St. Martin ) (Amendment No. 12) (Jersey) Order 2021  R&O.35/2021. Minister for Infrastructure.

  1. DOCUMENTS PRESENTED

Draft Road Traffic (No. 65) (Jersey) Regulations 202- (P.6/2021): comments. P.6/2021. Presented: 17th March 2021, Comité des Connétable s.  Com.

Draft Termination of Pregnancy (Amendment No.2) Law 202- (P.8/2021): P.8/2021. comments.  Com. Presented: 16th March 2021, Minister for Health and Social Services.

States Greffe and Legislative Drafting Office: Business Plan 2021.  R.30/2021. Presented: 4th March 2021, Privileges and Procedures Committee.  (re-issue)

Director of Civil Aviation: Annual Report 2020.  R.31/2021. Presented: 4th March 2021, Minister for External Relations and Financial

Services.

Ministerial Response to the Jersey Homelessness Strategy.  R.32/2021. Presented: 9th March 2021, Minister for Housing and Communities.

Jersey Charity Tribunal: Re-appointment of Chair and members.  R.33/2021. Presented: 10th March 2021, Minister for External Relations and Financial

Services.

Jersey Charity Tribunal Annual Report 2020.  R.34/2021. Presented: 10th March 2021, Minister for External Relations and Financial

Services.

Data Protection Authority: Re-appointment Of Chairman.  R.35/2021. Presented: 12th March 2021, Minister for Economic Development, Tourism,

Sport and Culture.

Transfers between Heads of Expenditure under the Public Finances (Jersey) R.36/2021. Law 2019: Article 18 – 4th March 2021.

Presented: 12th March 2021, Minister for Treasury and Resources.

Public Lotteries: Report for 2020.  R.37/2021. Presented: 15th March 2021, Minister for Economic Development, Tourism,

Sport and Culture.

HR Lounge Report and Be Heard Survey summary findings.  R.38/2021. Presented: 15th March 2021, Chief Minister.

Environmentally  Friendly  Products   Estimate  of  the  Values  of  Goods R.39/2021. Supplied in Jersey.

Presented: 15th March 2021, Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – Stonecot, Le Mont Millais, R.40/2021. St. Helier – Proposed Sale.

Presented: 17th March 2021, Minister for Infrastructure.

Review of the Future Hospital Site Selection Process (S.R.9/2020) – Response S.R.9/2020. of the Chief Minister.  Res. Presented: 12th March 2021, Chief Minister.

Processes within External Relations (S.R.4/2020) – Response of the Minister  S.R.4/2020. for External Relations and Financial Services.  Res. Presented: 12th March 2021, Minister for External Relations and Financial

Services.

Inclusion of the Bailiwick of Jersey in the UK/EU Trade and Co-operation S.R.4/2021. Agreement: Goods and Trade (S.R.4/2021) – Response of the Minister for  Res. External Relations and Financial Services.

Presented: 9th March 2021, Minister for External Relations and Financial

Services.

COVID-19 Response and Recovery Interim Report.  S.R.6/2021. Presented: 17th March 2021. Corporate Services Scrutiny Panel.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Draft Income Tax (Payment of 2019 Liability) (Jersey) Regulations 202- P.9/2021. (P.9/2021) – amendment.  Amd. Lodged: 15th March 2021, Corporate Services Scrutiny Panel.

Draft Income Tax (Payment of 2019 Liability) (Jersey) Regulations 202- P.9/2021. (P.9/2021) – second amendment.  Amd.(2). Lodged: 15th March 2021, Corporate Services Scrutiny Panel.

Social Security Tribunal: Appointment of Deputy Chair.  P.12/2021. Lodged: 2nd March 2021, Minister for Social Security.

Social Security Medical Appeal Tribunal: Appointment of Deputy Chair.  P.13/2021. Lodged: 2nd March 2021, Minister for Social Security.

Income Support Medical Appeal Tribunal: Appointment of Deputy Chair.  P.14/2021. Lodged: 2nd March 2021, Minister for Social Security.

Draft Road Traffic (No.66) (Jersey) Regulations 202-.  P.15/2021. Lodged: 5th March 2021, Minister for Infrastructure.  (re-issue)

Draft Intellectual Property (Unregistered Rights) (Amendment – Disability P.16/2021. and Rights in Performances) (Jersey) Regulations 202-.

Lodged: 5th March 2021,  Minister for  External Relations  and Financial

Services.

Draft Constitution of the States and Public Elections (Jersey) Law 202-.  P.17/2021. Lodged: 8th March 2021, Privileges and Procedures Committee.

Land  Transaction  under  Standing  Order  168  (3)  Office  Accommodation P.18/2021. Project, Union Street, St Helier – Deferral of approval.  (re-issue) Lodged: 8th March 2021, Scrutiny Liaison Committee.

Les Quennevais Park Flats: Loan Scheme.  P.19/2021. Lodged: 9th March 2021, Minister for Housing and Communities.

Public Health and Safety (Rented Dwellings): Request for new Licensing P.20/2021. Regulations.

Lodged: 10th March 2021, Deputy R.J. Ward of St. Helier .

Draft Public Holidays and Bank Holidays (Amendment No. 3) (Jersey) Act P.21/2021. 202-.

Lodged: 12th March 2021, Chief Minister.

Draft Eligibility for Election (Amendment of Laws) (Jersey) Law 202-.  P.22/2021. Lodged: 15th March 2021, Privileges and Procedures Committee.

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

WQ.83/2021  1.  The Minister for Home Affairs tabled an answer on 8th March 2021 to a question asked by

Deputy M.R. Le Hegarat of St. Helier regarding road traffic collisions.

WQ.84/2021  2.  The Minister for Health and Social Services tabled an answer on 8th March 2021 to a

question asked by Deputy G.P. Southern of St. Helier regarding personal allowance for a Long-Term Care recipient.

WQ.86/2021  3.  The Minister for Children and Education tabled an answer on 8th March 2021 to a question

asked by Deputy R.J. Ward of St. Helier regarding the school meals pilot programme. WQ.87/2021  4.  The Chief Minister tabled an answer on 15th March 2021 to a question asked by Deputy C.S.

Alves of St. Helier regarding the Corn Riots Public Holiday.

WQ.88/2021  5.  The Minister for Treasury and Resources tabled an answer on 15th March 2021 to a question

asked by Senator S.Y. Mézec regarding Andium Homes.

WQ.89/2021  6.  H.M. Attorney General tabled an answer on 15th March 2021 to a question asked by the

Connétable of St. Mary regarding zero-hours contracts.

WQ.90/2021  7.  The Minister for Health and Social Services tabled an answer on 15th March 2021 to a

question asked by Deputy M.R. Le Hegarat of St. Helier regarding financings of the Jersey Care Model.

WQ.91/2021  8.  The Minister for Social Security tabled an answer on 15th March 2021 to a question asked

by Deputy G.P. Southern of St. Helier regarding her annual Ministerial Reports.

WQ.92/2021  9.  The Minister for Health and Social Services tabled an answer on 15th March 2021 to a

question asked by Deputy I. Gardiner of St. Helier regarding Personal Protective Equipment. WQ.93/2021  10. The Minister for Health and Social Services tabled an answer on 15th March 2021 to a

question asked by Deputy M.R. Le Hegarat of St. Helier regarding Covid-19 exemptions. WQ.94/2021  11.  The Minister for Social Security tabled an answer on 15th March 2021 to a question asked

by Deputy G.P. Southern of St. Helier regarding Income Support.

WQ.95/2021  12. The Assistant Chief Minister tabled an answer on 15th March 2021 to a question asked by

Deputy R.J. Ward of St. Helier regarding Government I.T. systems.

WQ.96/2021  13.  The Chief Minister tabled an answer on 15th March 2021 to a question asked by Deputy R.J.

Ward of St. Helier regarding the undertaking of Children's Right Impact Assessments.

WQ.97/2021  14. The Minister for International Development tabled an answer on 15th March 2021 to a

question asked by Deputy R.J. Ward of St. Helier regarding U.K. overseas aid.

WQ.98/2021  15.  The Minister for Social Security tabled an answer on 15th March 2021 to a question asked

by Deputy G.P. Southern of St. Helier regarding minimum wage increases.

WQ.99/2021  16.  The Chief Minister tabled an answer on 15th March 2021 to a question asked by Deputy C.S.

Alves of St. Helier regarding the organisation of Citizen's Panels.

WQ.100/2021  17.  The Minister for Infrastructure tabled an answer on 15th March 2021 to a question asked by

Deputy C.S. Alves of St. Helier regarding the former police headquarters site at Rouge Bouillon.

WQ.101/2021  18.  H.M. Attorney General tabled an answer on 15th March 2021 to a question asked by Deputy

M.R. Higgins of St. Helier regarding the use of the Criminal Offences Confiscation Fund. WQ.102/2021  19.  The Minister for Treasury and Resources tabled an answer on 15th March 2021 to a question

asked by Deputy M.R. Higgins of St. Helier regarding special purpose funds.

WQ.103/2021  20.  H.M. Attorney General tabled an answer on 15th March 2021 to a question asked by Deputy

M.R. Higgins of St. Helier regarding the Jersey Policy Authority.

WQ.104/2021  21.  The Chief Minister tabled an answer on 15th March 2021 to a question asked by Deputy

L.M.C. Doublet of St. Saviour regarding gender terms in policy formation.

  1. Oral Questions (140 minutes)

OQ.67/2021  1.  The Connétable of St. Peter will ask the following question of the Minister for the

Environment –

"Given that Jersey fishing boats, but not French fishing boats operating in Jersey waters, are currently prevented from landing whelks and scallops in France due to the rating placed on Jersey waters, will the Minister advise what measures, if any, have been taken to resolve this issue?"

OQ.83/2021  2.   Deputy M.R. Higgins of St. Helier will ask the following question of the Chief Minister –

"Given that Wiltshire Police Investigation Report is currently accessible on the gov.je website, will the Chief Minister also agree to publish on the same website the response of the former Chief Officer of the States of Jersey Police, Graham Power, to the criticisms of him contained within that Report; and if not, why not?"

OQ.77/2021  3.  Senator S.Y. Mézec will ask the following question of H.M. Attorney General –

"Will H.M. Attorney General advise how many cases involving a breach of the Residential Tenancy Law (including for non-compliance with the Deposit Protection Scheme), or a breach of minimum standards rules for residential dwellings, have been referred to the Law Officers' Department by Environmental Health, and how many such cases have subsequently led to a successful prosecution?"

OQ.71/2021  4.   Deputy K.G. Pamplin of St. Saviour will ask the following question of the Chief Minister –

"Given the recently published HR Lounge follow-up report into staff bullying and conditions, will the Chief Minister advise what measures the Government intends to introduce to make improvements for States of Jersey employees?"

OQ.76/2021  5.   Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Minister for

Home Affairs –

"What steps has the Minister taken since 2018 to work towards eradicating male violence against women and girls; and what plans does he have for any new measures before the 2022 election?"

OQ.73/2021  6.   Deputy G.P. Southern of St. Helier will ask the following question of the Chief Minister –

"Will the Chief Minister advise whether the States members reported to have overcharged their tenants for electricity delivered through metered supply are members of the Government?"

OQ.74/2021  7.   Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for the

Environment –

"Given that the Jersey Trees for Life website states that "currently the law in Jersey relating to tree protection is quite inadequate and the resource and motivation to uphold what is in place is lacking", will the Minister advise of any progress to date in strengthening the legal protection of trees, and will he provide an approximate date as to when he will lodge proposals to amend the relevant laws?"

OQ.84/2021  8.   Deputy C.S. Alves of St. Helier will ask the following question of the Minister for Social

Security –

"Will the Minister advise how long it takes, on average, for overpayments made to those on Income Support to be detected by the Department in cases where the detection is not prompted by the claimant informing the Department of a change in their circumstances?"

OQ.88/2021  9.  Senator K.L. Moore will ask the following question of the Minister for Treasury and

Resources –

"Will the Minister explain under what circumstances, if any, Revenue Jersey is able to continue to request payment of Jersey tax when a person has left the Island to reside in a country which has a reciprocal tax agreement with Jersey and provides its new immigrants with a four-year overseas income exemption?"

OQ.79/2021  10.   Deputy R.J. Ward of St. Helier will ask the following question of the Minister for

Infrastructure –

"Will the Minister advise how much of the funding allotted to Liberty Bus in the Government Plan has been allocated to date; and what assessment of any such spend has been undertaken, given the easing of public health restrictions?"

OQ.86/2021  11.  Senator S.W. Pallett will ask the following question of the Minister for Economic

Development, Tourism, Sport and Culture –

"Will the Minister advise what action, if any, he has taken to implement paragraphs (a) and

  1. of Drinks Promotions' (P.105/2020) as adopted by the Assembly on 6th October 2020 and, in particular, whether in light of the effects of the Covid-19 pandemic on the hospitality industry, businesses will be permitted to offer and advertise drinks promotions until 31st December 2021 without risk of prosecution?"

OQ.68/2021  12.  The Connétable of St. Helier will ask the following question of the Minister for the

Environment –

"Will the Minister provide the timetable for the public inquiry in respect of the proposed redevelopment of the Ann Street Brewery and Mayfair Hotel sites?"

OQ.70/2021  13.   Deputy S.M. Ahier of St. Helier will ask the following question of the Minister for Economic

Development, Tourism, Sport and Culture –

"Will the Minister advise whether any inquiry will be held into BetIndex Limited (trading as Football Index), which had its operating licence suspended by the Jersey Gambling Commission on 11th March 2021; and, if not, why not?"

OQ.80/2021  14.   Deputy M.R. Le Hegarat of St. Helier will ask the following question of the Assistant

Minister for Economic Development, Tourism, Sport and Culture –

"What consideration, if any, has been given to the inclusion of all sporting groups (including private clubs and associations) in the development of the Inspiring Active Places strategy?"

OQ.81/2021  15.   Deputy M. Tadier of St. Brelade will ask the following question of the Minister for

Infrastructure –

"Following the adoption of paragraph (a) of P.107/2020, will the Minister advise whether the decision to introduce single fare transfer bus  tickets  from 1st January  2021 has  been implemented; and if not, why not?"

OQ.85/2021  16.   Deputy C.S. Alves of St. Helier will ask the following question of the Minister for

Infrastructure –

"Further to the answer to Written Question 100/2021, will the Minister advise whether the primary school estate review in St. Helier has commenced; and if so, what are its terms of reference?"

OQ.78/2021  17.  Senator S.Y. Mézec will ask the following question of the Minister for Children and

Education –

"Will the Minister state what efforts, if any, are being made to ensure that there is an effective post Covid-19 recovery plan in place for children and families, equivalent to the work being undertaken around the Covid-19 economic recovery plan?"

OQ.69/2021  18.  The Connétable of St. Helier will ask the following question of the Minister for

Infrastructure –

"Following the recent announcement that a town hopper' bus service trial is to start this year, will the Minister provide further details of this proposal?"

OQ.87/2021  19.   Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social

Security –

"Further to the response to Written Question 94/2021, will the Minister explain her assessment of the impact of rent rises in the period 2014 to 2021 and the corresponding increases in the rental component of Income Support during this same period?

OQ.82/2021  20.   Deputy M. Tadier of St. Brelade will ask the following question of the Minister for the

Environment –

"Will the Minister take action to ban pair trawlers fishing in Jersey waters as a matter of urgency; and if not, why not?"

OQ.72/2021  21.   Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for

Children and Education –

"Will the Minister update the Assembly as to what progress, if any, has been made to create a database to capture the full extent and needs of Jersey's children living with a physical disability or a learning difficulty?"

OQ.75/2021  22.   Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for the

Environment –

"Will the Minister advise the Assembly as to whether or not Jersey's 3, 6 and 12-mile limits for fishing are both currently, and proposed in future to be, measured from the offshore reefs of Les Ecréhous and Les Minquiers, or whether they are, and will be, only measured from the coastline of the Island of Jersey itself?"

(c) – Questions to Ministers without notice (45 minutes) –

1st question period – Minister for Home Affairs

2nd question period – Minister for Infrastructure

3rd question period – Chief Minister

  1. PERSONAL STATEMENTS
  2. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
  3. PUBLIC BUSINESS

Secondary Employment of Public Sector Employees: Review of Policies. P.146/2020. Lodged: 30th October 2020, Deputy J.M. Maçon of St. Saviour .

Draft States of Jersey (Amendment No. 9) Law 202-.  P.3/2021. Lodged: 22nd January 2021, Privileges and Procedures Committee.

Draft Road Traffic (No. 65) (Jersey) Regulations 202-.  P.6/2021. Lodged: 2nd February 2021, Minister for Infrastructure.  (re-issue)

Draft Road Traffic (No. 65) (Jersey) Regulations 202- (P.6/2021): comments.  P.6/2021. Presented: 17th March 2021, Comité des Connétable s.  Com.

Draft Termination of Pregnancy (Amendment No.2) (Jersey) Law 202-.  P.8/2021.(re- Lodged: 5th February 2021, Deputy L.M.C. Doublet of St. Saviour  issue)

Draft  Termination  of  Pregnancy  (Amendment  No.2)  Law202-  (P.8/2021): P.8/2021. comments.  Com. Presented: 16th March 2021, Minister for Health and Social Services.  

Draft Income Tax (Payment of 2019 Liability) (Jersey) Regulations 202-.  P.9/2021. Lodged: 10th February 2021, Minister for Treasury and Resources.

Draft Income Tax (Payment of 2019 Liability) (Jersey) Regulations 202-  P.9/2021. (P.9/2021) – amendment.  Amd. Lodged: 15th March 2021, Corporate Services Scrutiny Panel.

Note: Because of the requirement for a two-week lodging period, the minimum lodging period of this amendment of the Corporate Services Scrutiny Panel will expire on Monday 29th March 2021. The Chair of the Panel has therefore given notice of her 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.

Draft Income Tax (Payment of 2019 Liability) (Jersey) Regulations 202- P.9/2021. (P.9/2021) – second amendment.  Amd.(2). Lodged: 15th March 2021, Corporate Services Scrutiny Panel.

Note: Because of the requirement for a two-week lodging period, the minimum lodging period of this amendment of the Corporate Services Scrutiny Panel will expire on Monday 29th March 2021. The Chair of the Panel has therefore given notice of her 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.

Land Transaction under Standing Order 168 (3) Office Accommodation P.18/2021. Project, Union Street, St Helier – Deferral of approval.  (re-issue) Lodged: 8th March 2021, Scrutiny Liaison Committee.

Note: Because of the requirement for a six-week lodging period, the minimum lodging period of the proposition of the Scrutiny Liaison Committee will expire on Monday 19th April 2021. The President of the Committee has therefore given notice of her 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.

Population Policy. (Consideration in Committee')

  1. ARRANGEMENT OF PUBLIC BUSINESS 20th April 2021

Draft States of Jersey Police Force (Amendment No.3) Law 202-.  P.10/2021. Lodged: 17th February 2021, Minister for Home Affairs.  (re-issue)

Minimum Wage Increase.  P.11/2021. Lodged: 25th February 2021, Deputy G.P. Southern of St Helier.

Social Security Tribunal: Appointment of Deputy Chair.  P.12/2021. Lodged: 4th March 2021, Minister for Social Security.

Social Security Medical Appeal Tribunal: Appointment of Deputy Chair.  P.13/2021. Lodged: 4th March 2021, Minister for Social Security.

Income Support Medical Appeal Tribunal: Appointment of Deputy Chair.  P.14/2021. Lodged: 4th March 2021, Minister for Social Security.

Draft Road Traffic (No.66) (Jersey) Regulations 2020-.  P.15/2021. Lodged: 5th March 2021, Minister for Infrastructure.

Draft Intellectual Property (Unregistered Rights) (Amendment – Disability P.16/2021. and Rights in Performances) (Jersey) Regulations 202-.

Lodged: 5th March 2021, Minister for External Relations and Financial Services.

Draft Constitution of the States and Public Elections (Jersey) Law 202-.  P.17/2021. Lodged: 8th March 2021, Privileges and Procedures Committee.

Les Quennevais Park Flats: Loan Scheme.  P.19/2021. Lodged: 9th March 2021, Minister for Housing and Communities.

Public Health and Safety (Rented Dwellings): Request for new Licensing P.20/2021. Regulations.

Lodged: 10th March 2021, Deputy R.J. Ward of St. Helier .

Draft Public Holidays and Bank Holidays (Amendment No. 3) (Jersey) Act P.21/2021. 202-.

Lodged: 12th March 2021, Chief Minister

11th May 2021

Draft Eligibility for Election (Amendment of Laws) (Jersey) Law 202-.  P.22/2021. Lodged: 15th March 2021, Privileges and Procedures Committee.

DR. M. EGAN Greffier of the States

18th March 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 24th and Thursday 25th March 2021.

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

R&O.29/2021.

States of Jersey (Minister for Children and Education, Minister for Housing and Communities and Minister for External Relations and Financial Services) (Jersey) Order 2021.

Chief Minister.

This Order renames the Minister for Education as the "Minister for Children and Education" and provides for the related transfer of functions relating to children from the current Minister for Children and Housing. The latter Minister is renamed as the "Minister for Housing and Communities". The Order also renames the Minister for External Relations as the "Minister for External Relations and Financial Services".

Part 1 (Articles 1 to 5) makes provision in connection with the Minister for Children and Education.

Article 1 provides for the renaming of the Minister for Education as the "Minister for Children and Education", and the renaming of the Minister for Children and Housing. as the "Minister for Housing and Communities".

Article 2 defines the Minister for Housing and Communities as the "transferring Minister" and the Minister for Children and Education as the "receiving Minister".

Article 3 effects the transfer to the receiving Minister of the responsibilities and functions under enactments set out in Part 1 of Schedule 1, and re-enacts a provision of Article 5(2) of the States of Jersey (Minister for International Development and Minister for Children and Housing) (Jersey) Order 2018 to provide that the receiving Minister is also responsible for promoting the well-being of children. In addition, Article 3 introduces the amendments set out in Part 2 of Schedule 1 which are consequential to that transfer.

Article 4 transfers to the receiving Minister any rights enjoyed and liabilities incurred by the transferring Minister in connection with the responsibilities and functions transferred by Article 3.

Article 5 provides for the continuity of any appointment, approval or other decision made, or authority to do anything given, by the transferring Minister under the enactments covered by this Order and substitutes the receiving Minister for the transferring Minister in any ongoing legal proceedings.

Part 2 (Article 6) provides for the Minister for External Relations to be renamed as the "Minister for External Relations and Financial Services", and introduces the amendments set out in Schedule 2.

Part 3 (Article 7)  sets out the name by which this Order may be cited. Under Article 1(6) of the Interpretation (Jersey) Law 1954, this Order comes into force on the day it is made.

The Order was made on 2nd March 2021 and came into force forthwith.

R&O.30/2021.

Emergency Powers and Planning (Medicines and Vaccines – Covid-19) (Jersey) Order 2021. Minister for Health and Social Services.

This Order is a renewal of the Emergency Powers and Planning (Medicines and Vaccines – Covid-19 and Influenza) (Jersey) Order 2020 (except in relation to influenza) which relaxes controls on medicines to facilitate a plan for vaccination against Covid-19.

The Order expires 3 months after it comes into force (under the Emergency Powers and Planning (Jersey) Law 1990 it cannot remain in force for longer unless renewed). This Order comes into force on 5th March 2021 and will expire at the end of 4th June 2021.

The Order was made on 4th March 2021 and came into force on 5th March 2021.

R&O.31/2021.

Covid-19 (Gathering Control) (Amendment No. 4) (Jersey) Order 2021. Minister for Health and Social Services.

This Order amends the Covid-19 (Gathering Control) (Jersey) Order 2020 (Article 1) to –

  1. provide that children under the age of 5 do not count towards the limit of 10 people who may gather in a home (currently only children under the age of 3 do not count) (Article 2);
  2. introduce a provision that children under the age of 5 do not count towards the limit of 10 people who may gather in the open air (Article 3);
  3. provide that children under the age of 5 do not count towards the limit of 10 people who may gather as part of a children's activity group (Article 4); and
  4. enable gatherings of up to 35 people in the open air for the purpose of sport or exercise for adults (Article 5).

Article 6 provides for how the Order may be cited and for it to come into force on 8th March 2021. The Order was made on 4th March 2021 and came into force on 8th March 2021.

R&O.32/2021.

Social Security (Television Licence Benefit – Income Threshold) (Jersey) Order 2021. Minister for Social Security.

The Social Security (Television Licence Benefit – Income Threshold) (Jersey) Order 2021 sets the income threshold at which a person is eligible for a television licence benefit. Article 2 sets the threshold amount for a single person, and Article 3 sets the threshold amount for a couple. The Order comes into force 7 days after it is made.

The Order was made on 12th March 2021 and came into force on 19th March 2021.

R&O.33/2021.

Covid-19 (Workplace Restrictions and Gathering Control) (Amendment No. 3) (Jersey) Order 2021. Minister for Health and Social Services.

This Order makes further amendments to the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 (the "Workplaces Order") and the Covid-19 (Gathering Control) (Jersey) Order 2020 (the "Gatherings Order").

 Article 1 states that Articles 2 to 8 amend the Workplaces Order.

Article 2 relocates 2 definitions to the interpretation Article so they can apply to a wider range of Articles in the Workplaces Order.

Article 3 amends Article 2 of the Workplaces Order to remove the requirements for amusement centres, certain changing and shower facilities and indoor play areas to be closed and deletes the definitions of "amusement centre" and "indoor play area" which are relocated as mentioned above.

Article 4 widens Article 3 of the Workplaces Order to include opening of workplaces subject to conditions. The restrictions on the opening of changing facilities used in connection with swimming pools or paddling pools are removed. Indoor physical activity facilities, swimming pools and paddling pools are now permitted to be open subject to reasonable steps being taken to assist in controlling the spread of Covid-19. Some redundant provisions are also removed.

Article 5 amends Article 5 of the Workplaces Order to vary the requirement for visitors to indoor physical activity facilities to wear masks to apply except while in a part of the facility currently being used for sport, dance or exercise. Mask-wearing is now also required in changing facilities  (except while actually changing), indoor play areas and amusement centres.

Article 6 makes the same changes in relation to the requirements for workers to wear masks or visors in Article 5A of the Workplaces Order as are made in relation to visitors.

Article 7 extends the contact-tracing requirements in Article 5B of the Workplaces Order to indoor physical activity facilities (except in the case of certain gatherings of children), indoor play areas and amusement centres.

Article 8 widens the 2-metre distancing requirements in Article 5C of the Workplaces Order to cover indoor physical activity facilities in all circumstances, changing or shower facilities and amusement centres. In the case of changing or shower facilities, the requirement doesn't apply where the occupier or operator of those premises has taken alternative steps to assist in controlling the spread of Covid-19 through the use of screens that shield people from each other.

Article 9 amends the Gatherings Order. It removes the limit on numbers in relation to gatherings in certain workplaces, namely indoor physical activity facilities, swimming pools and paddling pools, changing and shower facilities and amusement centres. It also removes the requirement for children's activity groups to have been establishing in December of last year to fall within the exception and increases the numbers allowed in a controlled gathering in the open air by children or adults for sport or exercise from 35 to 45.

Article 10 provides for how the Order is to be cited and for it to come into force on 15th March 2021. The Order was made on 12th March 2021 and came into force on 15th March 2021.

R&O.34/2021.

Motor Vehicles (Wearing of Seat Belts by Adults) (Amendment No. 2) (Jersey) Order 2021. Minister for Infrastructure.

This Order amends the Motor Vehicles (Wearing of Seat Belts by Adults) (Jersey) Order 2009 so as to add a new exemption from wearing seat belts relating to ambulances and to update and broaden the current exemptions relating to the police and fire and rescue services.

A new exemption from the requirement to wear a seat belt applies to a person riding in an ambulance whilst the person is providing emergency medical attention or treatment to a patient.

The current exemption from the requirement to wear a seat belt applicable to a person in the Airport Fire Service or the Fire Service as defined in the Fire Service (Jersey) Law 1959 is updated to refer to the Airport Rescue and Firefighting Service or the States of Jersey Fire and Rescue Service as defined in the Fire and Rescue Service (Jersey) Law 2011. The limitation that the exemption applies only when donning operational clothing or equipment is removed.

The current exemption from the requirement to wear a seat belt applicable to a police officer protecting or escorting another person or to a person who is protecting or escorting another person under similar powers to a police officer is broadened. The revised exemption includes anyone driving or riding a vehicle being used for police purposes or for carrying a person in lawful custody, including the person who is in lawful custody.

The Order comes into force 7 days after the day it is made.

The Order was made on 17th March 2021 and comes into force on 24th March 2021.

R&O.35/2021.

Road Traffic ( St. Martin ) (Amendment No. 12) (Jersey) Order 2021. Minister for Infrastructure.

This Order amends the Road Traffic ( St. Martin ) (Jersey) Order 1989 by prohibiting the parking of vehicles in specified parts of La Rue de la Mare des Reines and La Rue des Vaux de L'Eglise in the parish of St. Martin.

This Order comes into force 7 days after the day it is made.

The Order was made on 17th March 2021 and comes into force on 24th March 2021.

WRITTEN QUESTIONS (See Item I(a))

  1. The Minister for Home Affairs tabled an answer on 8th March 2021 to the following question asked by Deputy M.R. Le Hegarat of St. Helier :

"Will the Minister advise –

  1. how many road traffic collisions have occurred in the last 5 years involving cyclists or pedestrians;
  2. the number of such incidents where prosecution was sought; and of those, the number successfully prosecuted;
  3. how many officers are qualified as Senior Investigating Officers for such incidents;
  4. the required frequency of continuing professional development in relation to this role, and whether officers meet this requirement; and
  5. which officer is the operational lead in relation to the investigation of Road Death or serious injury collisions?"
  1. The Minister for Health and Social Services tabled an answer on 8th March 2021 to the following question asked by Deputy G.P. Southern of St. Helier :

"Will the Minister provide members with the following information –

  1. whether the personal allowance for a Long-Term Care recipient living in a care home has been raised in line with R.P.I. from the rate of £37.80 (in place as at 1st January 2020);
  2. the number of care home residents that have been required to use this allowance to pay for specialist medical costs, if any;
  3. the number of claims, if any, made by low-income care home residents (or those in the community) for financial assistance with specialist medical costs via the Income Support scheme during 2020, as well as the total sum requested?"
  1. The Minister for Children and Education tabled an answer on 8th March 2021 to the following question asked by Deputy R.J. Ward of St. Helier :

"Will the Minister advise who the members are of the Pilot Steering Group and the Operational team that are managing the Primary School Meals Pilot Programme; will he further advise how many meetings have been held since the pilot began, and what the timetable is for any future meetings?"

  1. The Chief Minister tabled an answer on 15th March 2021 to the following question asked by Deputy C.S. Alves of St. Helier :

"Further to the approval of P.9/2020 "Public Holiday: designation of 27th September 2021 – Commemoration of the Corn Riots and the Code of 1771", will the Chief Minister advise when he intends to bring forward the necessary Act under the Public Holidays and Bank Holiday (Jersey) Law 1951 to provide for this public holiday?"

  1. The Minister for Treasury and Resources tabled an answer on 15th March 2021 to the following question asked by Senator S.Y. Mézec :

"Will the Minister (in consultation with the Minister for Social Security, if necessary) provide a breakdown of the following information for each of the last 5 years -

  1. the amount that Andium Homes has provided to the Treasury as their financial return;
  2. the amount that the Income Support budget has been topped up by Supplementation;
  3. the amount paid directly by the Government, in respect of rental payments for their tenants, to Andium Homes; and
  4. the amount paid in Income Support in respect of the rental component of private sector tenancies?"
  1. H.M. Attorney General tabled an answer on 15th March 2021 to the following question asked by the Connétable of St. Mary :

"Will H.M Attorney General explain the aspect of employment law which allows for changes in the terms of an employment contract for it to become a zero-hours contract?"

  1. The Minister for Health and Social Services tabled an answer on 15th March 2021 to the following question asked by Deputy M.R. Le Hegarat of St. Helier :

"Will the Minister provide details of the total amount spent to date on the Jersey Care Model since it was approved by the Assembly in November 2020, will he further provide a breakdown of this spend detailing the various cost codes?"

  1. The Minister for Social Security tabled an answer on 15th March 2021 to the following question asked by Deputy G.P. Southern of St. Helier :

"Will the Minister explain the following in relation to her annual Ministerial Reports –

  1. why the decision was made to cease publication after the 2017 Ministerial Report of the five sections detailing the functions of the funds under her ministerial control, especially those labelled tax funded services and benefits which includes Income Support;
  2. where this information for 2018 and subsequent years can be found;
  3. whether the information in (b) is readily available and accessible to Members of the States and the public; and
  4. whether this data is still collected and, if so, whether she will undertake to have it published as soon as possible; and, if not, why not?"
  1. The Minister for Health and Social Services tabled an answer on 15th March 2021 to the following question asked by Deputy I. Gardiner of St. Helier :

"Will the Minister advise –

  1. how much money was spent on P.P.E. (Personal Protective Equipment) in 2020, with a breakdown by department;
  2. how many P.P.E. suppliers were used, and what was the value of goods procured from each;
  3. what procurement or tender process, if any, was followed;
  4. which Jersey suppliers, if any, were offered an opportunity to supply P.P.E. in the first wave of the pandemic;
  5. what is the monetary value of the P.P.E. that was supplied by Government free of charge to nursing and care homes during 2020; and
  6. whether or not his department has used Jersey suppliers to replenish P.P.E. stock, as stated in a Freedom of Information response dated 26th October 2020, entitled PPE for nursing and care homes (FOI)'?"
  1. The Minister for Health and Social Services tabled an answer on 15th March 2021 to the following question asked by Deputy M.R. Le Hegarat of St. Helier :

"Will the Chief Minister advise whether some people have been exempted from the need to isolate when arriving in the Island and, if so, provide details regarding-

  1. how many have been exempted;
  2. who was responsible for deciding exemptions to isolation requirements;
  3. on what criteria any such decisions have been based; and
  4. how many cases  of Covid-19 have been identified in people who were exempt from isolation?"
  1. The Minister for Social Security tabled an answer on 15th March 2021 to the following question asked by Deputy G.P. Southern of St. Helier :

"Further to the response to WQ.54/2021, will the Minister provide worked examples of households with and without children on Income Support (I.S.), showing all components and disregards on income, between 2014 and 2021 in real and percentage terms; and is it the Minister's assessment that higher I.S. claims in 2021 are mainly caused by large increases in rental components averaging 28%?"

  1. The Assistant Chief Minister tabled an answer on 15th March 2021 to the following question asked by Deputy R.J. Ward of St. Helier :

"Will the Minister advise –

  1. what has been the spend to date on the project to update Government I.T. systems;
  2. what is the projected spend over the next 3 years; and
  3. what areas of overspend, if any, have been identified?"
  1. The Chief Minister tabled an answer on 15th March 2021 to the following question asked by Deputy R.J. Ward of St. Helier :

"Will the Chief Minister advise what guidance or instruction, if any, has been provided to Ministers regarding the inclusion of a Children's Rights Impact Assessment for all Propositions brought to the Assembly, in order to promote the strategic aim of putting children first?"

  1. The Minister for International Development tabled an answer on 15th March 2021 to the following question asked by Deputy R.J. Ward of St. Helier :

"Will the Minister advise what actions, if any, have been taken to discourage the U.K. Government's planned cuts to overseas aid, reported to be in excess of 60% for some regions in desperate need?"

  1. The Minister for Social Security tabled an answer on 15th March 2021 to the following question asked by Deputy G.P. Southern of St. Helier :

"Will the Minister advise members of any evidence supporting her statement made as part of her response to OQ.48/2021, that increasing minimum wage in Jersey has meant that "some of the industries have gone out of business or they have stopped doing things that they didn't do and then they do not employ as many staff"?"

  1. The Chief Minister tabled an answer on 15th March 2021 to the following question asked by Deputy C.S. Alves of St. Helier :

"Given that in his response to OQ.58/2021, the Chief Minister stated that the involvement of Sortition in the organisation of the Citizen Panel/Jury was to help with its establishment and they would not facilitate the discussions, will he therefore advise –

  1. who will be responsible for running the Citizen Panel/Jury sessions and collecting the data arising from them; and
  2. how will the impartiality of data collection methods be protected, and do these methods adhere to international best practices for market and/or social research?"
  1. The Minister for Infrastructure tabled an answer on 15th March 2021 to the following question asked by Deputy C.S. Alves of St. Helier :

"Following his answer to OQ.56/2021, will the Minister provide members with an update on –

  1. the progress of investigations into the use of the former police headquarters site in Rouge Bouillon in relation to Education, Home Affairs and Housing related projects;
  2. the budget and resources allocated to each of the above-mentioned working groups undertaking these investigations;
  3. the number and date of any/all meetings that have taken place with regards to these investigations, including a list of attendees at each meeting; and
  4. a deadline for the completion of each strand of this work?"
  1. H.M. Attorney General tabled an answer on 15th March 2021 to the following question asked by Deputy M.R. Higgins of St. Helier :

"Further to the advice of H.M. Solicitor General on 14th December 2020 regarding funding for the Institute of Law and Sea Cadet Headquarters, is it the assessment of H.M. Attorney General that this advice is consistent with that given by Mr. Howard Sharp Q.C. (former Solicitor General) on 1st July 2014, regarding the financing of the grant to the National Trust for Jersey to purchase the Plémont headland site, in relation to how the Criminal Offences Confiscation Fund may be used; and if so, will he explain how the two pieces of advice on this subject align?"

  1. The Minister for Treasury and Resources tabled an answer on 15th March 2021 asked to the following question by Deputy M.R. Higgins of St. Helier :

"Will the Minister provide members with the following information –

  1. details of all special purpose funds enacted under Jersey Law and managed by the Treasury, including the purpose of the fund, the source of the funds, the use of the funds and the criteria and procedure that need to be met in order to access and use the funds in each case; and
  2. details of each fund for every year since 2015 showing the amount of monies paid into and out of the fund, and in the case of the latter, itemized payments and their uses?

Nb. This information may exclude the names of recipients of funds providing relief to those in need such as the Grenville Bathe Fund, but should include the names and details of any organisations benefitting from such funds."

  1. H.M. Attorney General tabled an answer on 15th March 2021 to the following question asked by Deputy M.R. Higgins of St. Helier :

"Further to his answer to OQ.51/2021 on 2nd March 2021 regarding the role of the Jersey Police Authority, will H.M. Attorney General explain in detail the role of the Authority in overseeing the police and ensuring that investigations are carried out and investigated properly; and further, will he also state whether the Authority has any role in deciding whether an investigation should or should not be carried out into allegations?"

  1. The Chief Minister tabled an answer on 15th March 2021 to the following question asked by Deputy L.M.C. Doublet of St. Saviour:

"Will the Chief Minister explain his understanding of the following terms as they apply to policy formation by the Government of Jersey –

  1. gender blind;
  2. gender neutral;
  3. gender sensitive; and
  4. gender mainstreaming?"

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)

Secondary Employment of Public Sector Employees: Review of Policies (P.146/2020)

 Chair of the States Employment Board

Draft States of Jersey (Amendment No. 9) Law 202-. (P.3/2021)

 

Draft Road Traffic (No. 65) (Jersey) Regulations 202-

. (P.6/2021 re-issue)

 Chair  of  the  Environment,  Housing  and Infrastructure Scrutiny Panel

Draft Termination of Pregnancy (Amendment No.2) (Jersey) Law 202-. (P.8/2021)

Minister for Health and Social Services

Chair  of  the  Health  and  Social  Security Scrutiny Panel

Draft  Income  Tax  (Payment  of  2019  Liability) (Jersey) Regulations 202-. (P.9/2021)

 Chair of the Corporate Services Scrutiny Panel

Draft  Income  Tax  (Payment  of  2019  Liability) (Jersey) Regulations 202-. (P.9/2021) - amendment

 Minister for Treasury and Resources

Draft  Income  Tax  (Payment  of  2019  Liability) (Jersey)  Regulations  202-.  (P.9/2021)   second amendment

 Minister for Treasury and Resources

Minimum Wage Increase (P.11/2021)

 Minister for Social Security

Land  Transaction  under  Standing  Order  168  (3) Office  Accommodation  Project,  Union  Street,  St Helier – Deferral of approval (P.18/2021 re-issue)

 Chief Minister

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

Questions without notice 2021

1st Session 2021

19th January  Children and Housing  Economic  Chief Minister

Development,

Tourism, Sport and

Culture

9th February  Education  Environment  Chief Minister 2nd March  External Relations  Health and Social  Chief Minister

Services

23rd March  Home Affairs  Infrastructure  Chief Minister 20th April  International  Social Security  Chief Minister

Development

11th May  Treasury and  Housing and  Chief Minister

Resources  Communities

8th June  Economic  Children and  Chief Minister

Development,  Education

Tourism, Sport and

Culture

29th June  Environment  External Relations and  Chief Minister

Financial Services

20th July  Health and Social  Home Affairs  Chief Minister

Services

2nd Session 2021

14th September  Infrastructure  International  Chief Minister

Development

5th October  Social Security  Treasury and  Chief Minister

Resources

2nd November  Housing and  Economic  Chief Minister

Communities  Development,

Tourism, Sport and

Culture

23rd November  Children and  Environment  Chief Minister

Education

14th December  External Relations and  Health and Social  Chief Minister

Financial Services  Services