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STATES OF JERSEY ORDER PAPER
9th FEBRUARY 2021
SUMMARY
9.30 a.m. Communications by the Presiding Officer and other announcements
Appointments, matters of privilege, petitions
• Selection of the Minister for Education
• Nomination of a member of the Public Accounts Committee who is not a member of the States
Approx. 10.15 a.m. Up to 2 hours 20 minutes
Up to 45 minutes, divided between the three Ministers
Approx. 2.45 p.m.
Oral questions with notice Urgent questions (if any)
Oral questions without notice:
• Minister for Education
• Minister for the Environment
• Chief Minister
Statements (if any)
Draft Wildlife (Jersey) Law 202- (P.110/2020)
Draft Wildlife (Jersey) Law 2020- (P.110/2020): amendment (P.110/2020 Amd.)
Draft Wildlife (Jersey) Law 202- (P.110/2020): second amendment (P.110/2020 Amd.(2))
Residential Properties in the Waterfront Development (P.165/2020)
Residential Properties in the Waterfront Development (P.165/2020): amendment (P.165/2020 Amd.)
Draft Covid-19 (Island Plan) (Jersey) Regulations 202- (P.168/2020)
Draft Covid-19 (Island Plan) (Jersey) Regulations 202- (P.168/2020): amendment (P.168/2020)
Draft Taxation (Companies – Economic Substance) (Amendment No. 2) (Jersey) Law 202- (P.172/2020)
Skatepark at Les Quennevais Sports Centre (P.1/2021)
Skatepark at Les Quennevais Sports Centre (P.1/2021): amendment (P.1/2021 Amd.)
Life in Jersey' Test and Eligibility for Election (P.2/2021)
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 10th and Thursday 11th February 2021 if necessary.
STATES OF JERSEY ORDER PAPER
9th FEBRUARY 2021
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) R&O.11/2021. Order 2021.
Minister for External Relations.
Immigration (Fees) (Amendment No. 5) (Jersey) Order 2021. R&O.12/2021. Minister for Home Affairs.
Minister for Health and Social Services.
- DOCUMENTS PRESENTED
Transfers Between Heads of Expenditure Under the Public Finances (Jersey) R.10/2021. Law 2019: Article 18 – 11th November 2020.
Presented: 25th January 2021, Minister for Treasury and Resources.
Covid-19 Response: March – October 2020 (S.R.13/2020) – Response of the S.R.13/2020. Minister for Economic Development, Tourism, Sport and Culture. Res. Presented: 27th January 2021, Minister for Economic Development, Tourism,
Scrutiny Review of the Government Plan: 2021-2024 (S.R.14/2020) – S.R.14/2020. Response of the Minister for Economic Development, Tourism, Sport and Res. Culture.
Presented: 27th January 2021, Minister for Economic Development, Tourism,
Government Plan Review: 2021-2024 (S.R.15/2020) – Response of the Chief S.R.15/2020. Minister. Res. Presented: 1st February 2021, Chief Minister.
Scrutiny Review of the Government Plan: 2021-2024 (S.R.16/2020) – Joint S.R.16/2020. Response of the Chief Minister and the Minister for Treasury and Resources. Res. Presented: 1st February 2021, Chief Minister.
Review of the Efficiencies Plan and Government Plan 2021-2024 Rebalancing S.R.17/2020. Measures (S.R.17/2020): Response of the Chief Minister. Res. Presented: 1st February 2021, Chief Minister.
- NOTIFICATION OF LODGED PROPOSITIONS
Residential Properties in the Waterfront Development (P.165/2020): P.165/2020. amendment. Amd. Lodged: 2nd February 2021, Council of Ministers.
Draft Covid-19 (Island Plan) (Jersey) Regulations 202- (P.168/2020): P.168/2020. amendment. Amd. Lodged: 26th January 2021, Minister for the Environment.
Improvements to Road Safety. P.5/2021. Lodged: 26th January 2021, Connétable of St. Martin .
Comptroller and Auditor General Board of Governance: Appointment of Chair P.7/2021. and Members.
Lodged: 3rd February 2021, Chief Minister.
- WITHDRAWAL OF LODGED PROPOSITIONS
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS (Explanatory note attached)
Selection of the Minister for Education.
Nomination of a member of the Public Accounts Committee who is not a member of the States.
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions (attached)
WQ.1/2021 1. The Minister for Treasury and Resources tabled an answer on 25th January 2021 to a question
asked by Senator S.Y. Mézec regarding taxpayers earning in excess of £1 million per year. WQ.2/2021 2. The Chief Minister tabled an answer on 25th January 2021 to a question asked by Deputy K.F.
Morel of St. Lawrence regarding the plans to manage a Winter outbreak of Covid-19.
WQ.3/2021 3. The President of the Scrutiny Liaison Committee tabled an answer on 25th January 2021 to a
question asked by Deputy J.A. Martin of St. Helier regarding the attendance at Scrutiny meetings in 2019 and 2020.
WQ.4/2021 4. The Minister for Infrastructure tabled an answer on 25th January 2021 to a question asked by
Deputy R.J. Ward of St. Helier regarding road safety measures around Jersey's schools. WQ.5/2021 5. The Minister for Health and Social Services tabled an answer on 25th January 2021 to a
question asked by Deputy I. Gardiner of St. Helier regarding ambulance call-outs.
WQ.6/2021 6. The Chief Minister tabled an answer on 25th January 2021 to a question asked by Deputy G.P.
Southern of St. Helier regarding the impact of income inequality on the health and well-being of Islanders.
WQ.7/2021 7. The Minister for the Environment tabled an answer on 1st February 2021 to a question asked
by Deputy K.F. Morel of St. Lawrence regarding vacant units within the Island's housing stock. WQ.8/2021 8. The Minister for Health and Social Services tabled an answer on 1st February 2021 to a
question asked by Deputy K.F. Morel of St. Lawrence regarding the food served in Jersey's
hospitals.
WQ.9/2021 9. The Minister for Social Security tabled an answer on 1st February 2021 to a question asked by
Senator S.Y. Mézec regarding the value of Income Support components.
WQ.10/2021 10. The Chief Minister tabled an answer on 1st February 2021 to a question asked by Deputy G.P.
Southern of St. Helier regarding the link between austerity measures and public health. WQ.11/2021 11. The Minister for Children and Housing tabled an answer on 1st February 2021 to a question
asked by Deputy L.M.C. Doublet of St. Saviour regarding parental responsibility for same-sex
parents.
WQ.12/2021 12. The Minister for the Environment tabled an answer on 1st February 2021 to a question asked by Deputy R.J. Ward of St. Helier regarding the monitoring of air pollution.
WQ.13/2021 13. The Minister for Social Security tabled an answer on 1st February 2021 to a question asked by
Deputy R.J. Ward of St. Helier regarding a freephone service to access the Covid-19 and Social Security helplines.
WQ.14/2021 14. The Minister for Education tabled an answer on 1st February 2021 to a question asked by
Deputy R.J. Ward of St. Helier regarding testing for Covid-19 in schools.
WQ.15/2021 15. The Assistant Chief Minister tabled an answer on 1st February 2021 to a question asked by
Deputy M.R. Le Hegarat of St. Helier regarding the consideration of a two-site option for the Future Hospital.
WQ.16/2021 16. The Minister for Education tabled an answer on 1st February 2021 to a question asked by
Deputy M.R. Higgins of St. Helier regarding the access to computers and iPads by the Island's school children.
WQ.17/2021 17. The Minister for Children and Housing tabled an answer on 1st February 2021 to a question
asked by Deputy M.R. Higgins of St. Helier regarding the provision of housing.
WQ.18/2021 18. The Chief Minister tabled an answer on 1st February 2021 to a question asked by Deputy M.R.
Higgins of St. Helier regarding the operation of a Digital Commercial and Residential Property Register.
WQ.19/2021 19. The Minister for Health and Social Services tabled an answer on 1st February 2021 to a
question asked by Deputy I. Gardiner of St. Helier regarding exemptions from the requirement to self-isolate due to Covid-19.
WQ.20/2021 20. The Minister for Treasury and Resources tabled an answer on 1st February 2021 to a question
asked by Deputy I. Gardiner of St. Helier regarding expenditure on addressing the impact of the Covid-19 pandemic.
WQ.21/2021 21. The Minister for Health and Social Services tabled an answer on 1st February 2021 to a
question asked by Deputy S.M. Ahier of St. Helier regarding the system for recording patient details.
WQ.22/2021 22. The Minister for Health and Social Services tabled an answer on 1st February 2021 to a
question asked by Deputy G.P. Southern of St. Helier regarding the waiting times for specialist treatment.
- – Oral Questions (140 minutes)
OQ.29/2021 1. The Connétable of St. Ouen will ask the following question of H.M. Attorney General –
"Will H.M. Attorney General advise whether there is any potential legal threat to the Overdale hospital project from the two avenues of legal action, under the Compulsory Purchase of Land (Procedure)(Jersey) Law 1961 and the Human Rights Jersey Law 2000, outlined in Blakeley Law's Letter of 31st January 2021, a copy of which I recently forwarded to him?"
OQ.27/2021 2. Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for Social
Security –
"Will the Minister explain how the level of long-term care payment covering the cost of care for the elderly is calculated, and whether the methodology used is based on the actual cost of care services currently available in the Island?"
OQ.35/2021 3. The Connétable of St. Helier will ask the following question of the Minister for the
Environment –
"Will the Minister advise the States Assembly how many new homes are expected to be provided in St. Helier within the current decade and whether it is his assessment that there is sufficient critical infrastructure already in place in the Town area to support such an increase?"
OQ.37/2021 4. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Children
and Housing –
"Will the Minister advise what safeguards, if any, are in place for tenants who find themselves homeless due to a fire or another event not of their making; and is it his assessment that they provide sufficient protection for tenants?"
OQ.25/2021 5. The Connétable of St. Martin will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"Has the Minister considered the position of capital allowances on the large infrastructure costs, interest payments, related party fees and other mechanisms used to reduce the potential taxable profits arising from the growing and processing of medicinal cannabis; and will he state whether this will be fully addressed prior to any Draft Regulations being proposed?"
OQ.33/2021 6. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for Health
and Social Services –
"In light of the reports that there was an increase in the rise of referrals in young people seeking support for their mental health last year, will the Minister update members on the Government's response to this increase and advise what further action, if any, will be taken to address the situation going forward?"
OQ.24/2021 7. Deputy I. Gardiner of St. Helier will ask the following question of the Minister for Education –
"What actions are being undertaken to ensure that all students who have settled status, or are yet to apply for settled status under the Jersey E.U. Settlement Scheme, are provided with clear and timely guidance relative to their status and eligibility for student funding, and the necessary steps they must take to enable them to make informed decisions and advance to the Higher Education course of their choice?"
OQ.26/2021 8. Senator S.W. Pallett will ask the following question of the Chief Minister –
"Will the Chief Minister explain why the results of the Be Heard' employee engagement survey, that closed on 12th September 2020, have not yet been published; and will he state when he expects the results will be published and which Government department is responsible for collating and processing the survey data?"
OQ.31/2021 9. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for Social
Security –
"Will the Minister advise how many requests have been made in the last 5 years for the redetermination of a decision regarding Income Support; of these, how many are still outstanding; how many claims, if any, have consequently been adjusted in favour of the recipient; and what is the administrative cost of this process?"
OQ.42/2021 10. Deputy M.R. Higgins of St. Helier will ask the following question of H.M. Attorney General –
"With regard to major contracts (such as for the new hospital) where there is a major public interest due to the cost or impact of the project, will H.M. Attorney General advise members of the legal position of whether each individual contract as a whole is confidential or whether only certain clauses are required to be; and in what circumstances and for what time period does such information remain confidential?"
OQ.38/2021 11. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social
Security –
"Will the Minister advise what benefit payments have been available to employees who have not been able to work as a result of contracting Covid-19, or having to self-isolate to protect vulnerable family members; together with the number of any successful claims and total benefit amount paid?"
OQ.40/2021 12. Senator S.Y. Mézec will ask the following question of the Chief Minister –
"Further to the answer given to this question on 17th November 2020, is the Chief Minister now in a position to publish the Housing Policy Development Board report, and does he accept its recommendations?"
OQ.43/2021 13. Deputy M.R. Higgins of St. Helier will ask the following question of the Assistant Chief
Minister –
"Will the Assistant Chief Minister outline for members the number and nature of any meetings and conversations held with the Connétable of St. Helier , or his officers, between the time the project board had decided that Overdale was to be the site of the new hospital and when the public announcement was made; and what the outcomes were, if any, of those discussions?"
OQ.30/2021 14. Deputy I. Gardiner of St. Helier will ask the following question of the Chief Minister –
"Will the Chief Minister provide the Assembly with an update on the progress of the Office Accommodation Project?"
OQ.39/2021 15. Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Health
and Social Services –
"In light of recent reports that healthcare workers surrounded by coughing patients are at greater risk of contracting Covid-19 than first thought, is it the Minister's assessment that healthcare staff are provided with an appropriately high level of P.P.E. (Personal Protective Equipment), including F.F.P.3 (Filtering Face Piece) respirator masks; and will he commit to providing front-line staff in non-intensive hospital areas, G.P. surgeries and care homes with such masks?"
OQ.34/2021 16. Deputy K.G. Pamplin of St. Saviour will ask the following question of the Minister for
Children and Housing –
"Will the Minister update the Assembly on the impact, if any, that the Covid-19 pandemic has had on the commitment made to address the recommendations of the Independent Jersey Care Inquiry and its follow up report in 2019?"
OQ.36/2021 17. The Connétable of St. Helier will ask the following question of the Minister for Economic
Development, Tourism, Sport and Culture –
"What assurances, if any, can the Minister give that there will be no net loss of public amenity space, including publicly accessible grassed areas, nor any loss of trees, arising from the current planning application (P.2020/1263) for Springfield Park?"
OQ.41/2021 18. Senator S.Y. Mézec will ask the following question of the Chief Minister –
"Will the Chief Minister advise whether the Government remains committed to extending the Millennium Town Park over the Gas Works site, and what support, if any, will be provided to Andium Homes to ensure their plans to achieve this remain viable?"
OQ.32/2021 19. Deputy R.J. Ward of St. Helier will ask the following question of the Minister for
Infrastructure –
"Will the Minister state the volume, in litres, of RD100 renewable diesel fuel that has been imported to the Island in 2021 to date; and also state the total amount of this fuel imported and sold in 2020?"
OQ.44/2021 20. The Connétable of St. Martin will ask the following question of the Minister for the
Environment –
"In light of recently submitted development plans, will the Minister publish a list of sites that have been identified as suitable for the growing and production of medicinal cannabis and explain what additional information was requested in relation to these sites; and will he explain what consideration has been given, in relation to these plans, to the potential for increased activity and the impact on neighbours and on the countryside?"
OQ.28/2021 21. Deputy K.F. Morel of St. Lawrence will ask the following question of the Minister for Health
and Social Services –
"Will the Minister explain what role, if any, the Government has in regulating the cost of private care for the elderly (whether in a person's home or in a residential home); and furthermore, will he inform members how the Government ensures that any increase in long- term care payments is not taken by the care sector as a signal to increase their charges?"
- – Questions to Ministers without notice (45 minutes)
1st question period – Minister for Education
2nd question period – Minister for the Environment
3rd question period – Chief Minister
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
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.
Residential Properties in the Waterfront Development (P.165/2020): P.165/2020. amendment. Amd. Lodged: 2nd February 2021, Council of Ministers.
Draft Covid-19 (Island Plan) (Jersey) Regulations 202- (P.168/2020): P.168/2020. amendment. Amd. Lodged: 26th January 2021, Minister for the Environment.
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.
- ARRANGEMENT OF PUBLIC BUSINESS 2nd March 2021
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.
Improvements to Road Safety. P.5/2021. Lodged: 26th January 2021, Connétable of St. Martin .
Comptroller and Auditor General Board of Governance: Appointment of P.7/2021. Chair and Members.
Lodged: 3rd February 2021, Chief Minister.
Note: Because of the requirement for a four-week lodging period, the minimum lodging period of the proposition of the Chief Minister will expire on Wednesday 3rd March 2021. The Chief 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.
23rd March 2021
Secondary Employment of Public Sector Employees: Review of Policies. P.146/2020. Lodged: 30th October 2020, Deputy J.M. Maçon of St. Saviour .
DR. M. EGAN Greffier of the States
4th February 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 10th and Thursday 11th February 2021.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.5/2021.
Covid-19 (Workplace – Eighteenth Extension) (Jersey) Order 2021. Minister for Health and Social Services.
This Order amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the restriction period to end at the end of Sunday 31st January 2021.
This Order comes into force on 21st January 2021.
The Order was made on 19th January 2021 and came into force on 21st January 2021.
R&O.6/2021.
Covid-19 (Gathering Control – Second Extension) (Jersey) Order 2021. Minister for Health and Social Services.
This Order amends the Covid-19 (Gathering Control) (Jersey) Order 2020, to extend the gathering control period to end at the end of Sunday 31st January 2021.
This Order comes into force on 21st January 2021.
The Order was made on 19th January 2021 and came into force on 21st January 2021.
R&O.8/2021.
Animal Health (EU and Miscellaneous Amendments) (Jersey) Order 2021. Minister for the Environment.
This Order makes amendments to various enactments concerning animal health to take account of the United Kingdom's exit from the European Union, and to make other miscellaneous changes.
Article 1 amends the Artificial Insemination of Domestic Animals (Bovine Semen) (Jersey) Order 2008 to make various amendments. It replaces references to intra-Community trade with references to trade with the European Union. It also expands references in Schedules 1, 2 and 4 to Directive 64/432/EEC (as defined in Article 1 of that Order) to allow the Minister for the Environment ("the Minister") to apply equivalent or more stringent standards in determining whether a herd is free of certain bovine diseases. The definition of EC storage centre in Article 1 is amended to include a centre approved by the competent authority of a British Island for export to the European Union and there is an amendment in Schedule 1 to ensure that paragraph 2(1)(d) refers to the current version of the Terrestrial Animal Health Code.
Article 2 amends the Schedule to the Animal Health (Importation of Miscellaneous Goods and Animals) (Jersey) Order 2017. It makes amendments to ensure that any exceptions that applied to the United Kingdom by virtue of its membership of the European Union, continue to apply. It also adds horses and aquaculture animals to the list of animals that must not be imported into Jersey without a licence. For horses the prohibition applies to importers from all countries except the British Islands and for aquaculture animals the prohibition applies to imports from all countries. The amendment also removes the exception previously in place for importation of bovine semen, ova and embryos if they complied with the Artificial Insemination of Domestic Animals (Bovine Semen) (Jersey) Order 2008 and embryos of domestic cattle that complied with the import provisions in the Community Provisions (Bovine Embryos) (Jersey) Regulations 2010.
Article 3 amends the Animal Health (Swine) (Jersey) Order 2017 to remove all references to EU Directives and the definition of, and references to, the Diagnostic Manual. The references to the Diagnostic Manual are replaced with references to instructions of the States Veterinary Officer.
Article 4 amends the Animal Health (Tuberculosis) (Jersey) Order 2017, to permit the veterinary inspector to decide, having regard to the relevant EU Directive and or equivalent national or international standards, to withdraw or suspend the tuberculosis-free status of any herd. A further provision is inserted that permits the Minister to issue a notice on a keeper of a bovine animal to present the animal for a test on a certain date.
Article 5 substitutes a new Article 14 of the Diseases of Animals (Bees) (Jersey) Order 2013. It extends the requirement for the licensing of the importation of bees into Jersey from the British Islands to all countries of origin. It also extends the licencing regime to used bee equipment.
Article 6 amends Article 2 of the Diseases of Animals (Rabies) (Importation of Mammals) (Jersey) Order 2011 to add British Islands to the exceptions that apply to pet rodents and rabbits in relation to the prohibition of landing animals in Jersey.
Article 7 gives the title by which the Order may be cited and brings the Order into force 7 days after it is made.
The Order was made on 21st January 2021 and came into force on 28th January 2021.
R&O.10/2021.
Covid-19 (Gathering Control – Third Extension) (Jersey) Order 2021. Minister for Health and Social Services.
This Order amends the Covid-19 (Gathering Control) (Jersey) Order 2020, to extend the gathering control period to end at the end of Sunday 28th February 2021.
This Order comes into force on 1st February 2021.
The Order was made on 28th January 2021 and came into force on 1st February 2021.
R&O.9/2021.
Covid-19 (Workplace – Nineteenth Extension) (Jersey) Order 2021. Minister for Health and Social Services.
This Order amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020, to extend the restriction period to end at the end of Sunday 28th February 2021.
This Order comes into force on 1st February 2021.
The Order was made on 28th January 2021 and came into force on 1st February 2021.
R&O.11/2021.
Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021. Minister for External Relations.
This Order repeals and replaces the Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020 (the "EU Order"), and the 2 other Orders made under the Sanctions and Asset-Freezing (Jersey) Law 2019 (the "Law"). Whereas the EU Order implemented sanctions contained in EU Regulations, this Order implements equivalent sanctions contained in UK Regulations after Brexit (but still implements 4 EU Regulations that have been retained in UK law).
This Order gives effect to the whole of each UK sanctions Regulation specified in Schedule 1, including future amendments, but subject to modifications similar to those in the replaced EU Order. Those modifications are more extensive, to cater for the fact that EU Regulations are designed to be implemented in different countries whereas UK Regulations are not. In particular, the Minister for External Relations (the "Minister") generally acts in place of the UK Secretary of State (except in making initial designations of persons who are subject to the sanctions).
Where any of the UK Regulations requires an asset-freeze, this Order imposes the standard asset-freeze in Part 3 of the Law, in the same way as the EU Order did, instead of imposing the slightly varying versions set out in different UK Regulations at different times.
This Order also relies, as did the EU Order, on the offences in the Law relating to asset-freezes and provision of information, and supplements them with just one offence of contravening or circumventing other provisions specified in column 5 of the table in Schedule 1 (carrying the same maximum penalty of up to 7 years of imprisonment, an unlimited fine, or both, which matches the penalty for the offences of breaching an asset-freeze under the Law). The Order also provides for licences to be granted in relation to the provisions specified in column 5 of that table, to match those that can be granted under the Law in relation to asset-freezes (instead of relying on implementing individual licence provisions from each implemented regime, as the EU Order did). Licences granted under (or in relation to) the EU Order are kept in effect for 6 months after the commencement of this Order (after which licences will have effect only if granted or renewed under or in relation to this Order). This Order also includes new provision to recognise equivalent licences and other authorisations granted by the UK, Guernsey, Isle of Man and British overseas territories. As in the EU Order, and as provided for by Article 4 of the Law, the relevant obligations and prohibitions that apply to types of financial services business are applied to trust company business in Jersey, even if they would not apply to the equivalent business in the UK (or EU).
Under the UK Regulations, but not the EU Regulations, designations can be made on a confidential basis (where the designated person is aged under 18, or in the interests of justice, national security or international relations, or for reasons connected with serious crime). This Order provides that the designation is to be treated as confidential in Jersey law only if the Minister (at the request of the UK Secretary of State) specifies to those who are informed of the designation that they must keep it confidential. It is an offence, carrying up to 2 years of imprisonment, an unlimited fine, or both, to disclose the confidential information.
Alongside the UK Regulations, this Order also implements 4 EU Regulations that prohibit the satisfaction of claims affected by UN Security Council resolutions passed between 1990 and 1994 in relation to Iraq, Libya, Haiti, Serbia and Montenegro. Those EU Regulations have not been implemented by the UK under its own sanctions legislation, but have instead been kept as retained EU legislation.
This Order implements, with adaptations for Jersey, provisions of UK Regulations that enable shipping and aviation to be controlled for sanctions purposes. In relation to enforcement against ships in Jersey waters, the Order applies Article 7 of the Law, to permit UK officials to exercise their enforcement powers. The Order also provides that people designated under the UK Regulations as "excluded persons" for the purpose of UK immigration legislation are to be treated as so designated for the purpose of that legislation as it is extended to and modified for Jersey.
Like the EU Order, this Order also includes general provisions to adapt all of the UK Regulations for their application in Jersey. But it also includes special provisions in relation to 4 of the UK Regulations whose application does not fit under the general provisions.
The Order comes into force on 12th February 2021.
The Order was made on 29th January 2021 and comes into force on 12th February 2021.
R&O.12/2021.
Immigration (Fees) (Amendment No. 5) (Jersey) Order 2021. Minister for Home Affairs.
This Order amends the Immigration (Fees) (Jersey) Order 2017.
Article 1 changes the definition of a "dependant" so that it means a spouse or civil partner, someone who has been living with another person in a relationship akin to a marriage or civil partnership for at least 2 years, or someone whose entitlement to make an application arises from a connection with another person.
Article 2 adds fees for applications under Appendix HK(J) British National (Overseas) to the Jersey Immigration Rules by people who are, or are connected to, British National (Overseas) citizens ordinarily resident in Hong Kong.
Article 3 names the Order and brings it into force on 31st January 2021.
The Order was made on 29th January 2021 and came into force on 31st January 2021.
R&O.13/2021.
Covid-19 (Workplace Restrictions) (Amendment No. 8) (Jersey) Order 2021. Minister for Health and Social Services.
This Order amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 (Article 1).
Article 2 amends Article A1 to provide that a reference in the Order to a workplace being prohibited from being open to the public, or open to the public only for specified purposes, does not permit the workplace to be open only to a section of the public.
Article 3 amends Article 5A to widen the condition of opening that the occupier or operator of the premises requires anyone working there to wear a mask or visor, to apply, in the case of retail premises, irrespective of whether or not the person is in the presence of a visitor.
Article 4 provides for how the Order may be cited and provides for it to come into force on the day after it is made.
The Order was made on 29th January 2021 and came into force on 30th January 2021.
R&O.14/2021.
Covid-19 (Workplace Restrictions and Gathering Control) (Amendment) (Jersey) Order 2021. Minister for Health and Social Services.
This Order amends the Covid-19 (Workplace Restrictions) (Jersey) Order 2020 (Article 1) mostly to relax some of the restrictions in respect of workplaces closed due to the prevalence of Covid-19 in Jersey, but in a few cases to impose further restrictions (Articles 2 to 7). It also amends the Covid-19 (Gathering Control) (Jersey) Order 2020 in a minor respect (Article 8).
Article 2 replaces the definition of "indoor recreation facility" so that the restrictions imposed apply only to sport, dance or exercise facilities.
Article 3 removes the restrictions on the opening of art galleries, auction houses, betting agencies and shops, and the restriction on the opening of entertainment facilities is now limited to the auditorium of those facilities. A restriction is imposed on the opening of changing and shower facilities used in connection with indoor physical activity facilities or outdoor sport or exercise. The restriction on closing of soft play areas is widened to include all indoor play areas.
Article 4 removes the partial restrictions on opening of shops markets and libraries, and visitor attractions, except to the extent closed by other provisions. The exceptions to the closure of what are now called indoor physical activity facilities are widened to allow certain gatherings of young people permitted by the Covid- 19 (Gathering Control) (Jersey) Order 2020, the provision of certain therapeutic services or for horse riding or exercise in an indoor riding arena, one person at a time. The general exceptions to allow workplaces to be open to allow certain essential services to take place is extended to cover the administering of vaccines against any disease.
Article 5 alters the requirement for visitors to certain workplaces to wear masks. In the case of indoor physical activity facilities, it is limited to when access is needed in connection with activities in outdoor areas and where therapeutic services are provided. The requirement is also extended to auction houses and betting agencies.
Article 6 updates the requirement for workers to wear masks or visors to the new defined term of "indoor physical activity facilities". It also requires people working at retail premises to wear masks in the presence of visitors and workers who are part of a different workforce as opposed to in all circumstances (as currently required).
Article 7 limits the requirement to maintain at least 2 metres distance from other persons in the case of indoor physical activity facilities to when access is needed in connection with activities in outdoor areas. The requirement is also extended to auction houses and betting agencies.
Article 8 amends the Covid-19 (Gathering Control) (Jersey) Order 2020 to include within the exception to allow gatherings of more than 10 in certain circumstances, before and after school activities.
Article 9 provides for how the Order may be cited and for it to come into force on 3rd February 2021. The Order was made on 1st February 2021 and came into force on 3rd February 2021.
Note regarding the appointments processes (See Item F)
Selection of the Minister for Education
The Presiding Officer will invite the Chief Minister to make his nomination for the position of Minister for Education. The Presiding Officer will then invite members to nominate alternative candidates. If there are no alternative nominations, the member nominated by the Chief Minister will speak for up to 10 minutes followed by a 20-minute question period; after which the member nominated by the Chief Minister will be selected for appointment.
If more than one member is nominated, the Presiding Officer will invite each candidate to speak for up to 10 minutes followed by a 20-minute question period. The candidates will speak in the order in which they are nominated, meaning that the Chief Minister's nomination will speak first. During the speeches and question period other candidates must withdraw from the Chamber to a place where they cannot hear the proceedings. After the candidates have spoken and been questioned, a recorded vote will be held. Once a candidate has obtained a majority of the votes cast in the recorded vote, he or she will be appointed to the position of Minister for Education. Abstentions do not count as votes cast'.
Public Accounts Committee: Appointment of unelected members
In accordance with Standing Order 124(1) the Chair of the Public Accounts Committee has given 14 days' notice of her nomination of Mr. Paul Van Bodegom for the position of unelected member of the Public Accounts Committee. Notice was provided to all States members by e-mail on 19th January 2021 with information on the recruitment process and a biography of Mr. Van Bodegom.
In accordance with Standing Order 131(1)(b), the constitution of the Committee provides that (not including the Chair) there must be equal numbers of elected members (who are not Ministers or Assistant Ministers) and non-States members.
In accordance with Standing Order 124(2) any alternative nominations for membership of the Public Accounts Committee must have been received by the Greffier of the States no later than 2 clear working days before the meeting. If alternative nominations are received a secret ballot is held.
WRITTEN QUESTIONS (See Item I(a))
- The Minister for Treasury and Resources tabled an answer on 25th January 2021 to the following question asked by Senator S.Y. Mézec –
"Will the Minister provide details of the number of taxpayers earning in excess of £1 million per year for each of the last 10 years?"
- The Chief Minister tabled an answer on 25th January 2021 to the following question asked by Deputy K.F. Morel of St. Lawrence –
"Will the Chief Minister provide the Assembly with copies of any risk management plans created with a view to the management of a Winter outbreak of Covid-19, including any information regarding the actions to be taken to mitigate individual risks and the dates, if any, on which these actions were taken or commenced?"
- The President of the Scrutiny Liaison Committee tabled an answer on 25th January 2021 to the following question asked by Deputy J.A. Martin of St. Helier –
"Will the President provide a list of all the meetings held by the Scrutiny Liaison Committee, Scrutiny Panels, Review Panels and the Public Accounts Committee in 2019 and 2020, indicating the attendance of Panel or Committee members at these meetings?"
- The Minister for Infrastructure tabled an answer on 25th January 2021 to the following question asked by Deputy R.J. Ward of St. Helier –
"Will the Minister advise –
- whether any road and / or safety improvement programmes around the Island's schools are currently outstanding in terms of delivery; and, if so, which ones are outstanding and what is the proposed time span for completion of any such works; and
- whether any other safety improvements linked to schools are currently awaited and, if so, provide details of when these improvements will be implemented?"
- The Minister for Health and Social Services tabled an answer on 25th January 2021 to the following question asked by Deputy I. Gardiner of St. Helier –
"Will the Minister inform members –
- how many ambulance callouts occurred in each of 2018, 2019 and 2020;
- how many of these callouts resulted in the patient being taken to hospital;
- how many callouts resulted in hospital admission in each of these years; and
- of those that travelled to the hospital, how many were classed as life threatening and, of those, how many occurred in total during the periods 8.00 a.m. to 9.00 a.m. and 4.00 p.m. to 6.00 p.m.;
and will he provide this information broken down by month and by reason for ambulance callout?"
- The Chief Minister tabled an answer on 25th January 2021 to the following question asked by Deputy G.P. Southern of St. Helier –
"To what extent does the Chief Minister consider the findings of the report Health Equity in England: The Marmot Review 10 years on', namely that widening inequities in power, money and resources have resulted in inequities in health generally and during the Covid-19 pandemic specifically, to be applicable to Jersey; and, in light of these findings, what measures will he take to reduce income inequality as the Government seeks to improve health and well-being in the coming 3 years of the current Government Plan?"
- The Minister for the Environment tabled an answer on 1st February 2021 to the following question asked by Deputy K.F. Morel of St. Lawrence –
"In terms of informing the Bridging Island Plan, will the Minister advise what studies, if any, have been undertaken to assess the number of vacant units within the Island's existing housing stock and, furthermore, what studies have been undertaken to assess the flexibility of the Island's existing housing stock in terms of its capability to accommodate more people; and if any such studies have been undertaken, will the Minister provide them to the Assembly?"
- The Minister for Health and Social Services tabled an answer on 1st February 2021 to the following question asked by Deputy K.F. Morel of St. Lawrence –
"Will the Minister advise the Assembly whether any processes are in place (such as surveys, questionnaires and so on) which the Health and Community Services Department uses to measure patients' satisfaction with the food served in Jersey's hospitals; and if any such processes are in place, will he provide the Assembly with a summary of the responses received since 1st January 2018?"
- The Minister for Social Security tabled an answer on 1st February 2021 to the following question asked by Senator S.Y. Mézec –
"Will the Minister provide a list stating how much each Income Support component was worth in 2014, followed by how much they were actually uprated in each year since, and how much they would have been uprated by if they had been updated to match inflation?"
- The Chief Minister tabled an answer on 1st February 2021 to the following question asked by Deputy G.P. Southern of St. Helier –
"What consideration, if any, has the Chief Minister given to the impact that the austerity programme implemented by the previous U.K. Government over the past decade had on the health of the U.K. population; and will he commit to ensuring that the level of public service funding over the coming years is sufficient to ensure that the health of the Island's population is not worsened by any such austerity measures?"
- The Minister for Children and Housing tabled an answer on 1st February 2021 to the following question asked by Deputy L.M.C. Doublet of St. Saviour –
"Will the Minister advise when he plans to issue law-drafting instructions to reform the Children (Jersey) Law 2002 in respect of parental responsibility for same-sex parents, and will he state the timetable for bringing such reforms to the Assembly for debate?"
- The Minister for the Environment tabled an answer on 1st February 2021 to the following question asked by Deputy R.J. Ward of St. Helier –
"In respect of Island-wide monitoring of pollution, will the Minister give an update on the commitments made in answer to Oral Questions 160/2019 and 123/2020 to prioritise progress on installing real-time air quality monitoring in key sites around the Island (such as the Tunnel) and on the commitments made in response to Written Questions 210/2019 and 282/2019 – that sensors would be in place at every school in the Island before the start of September 2019; and if these targets have not been achieved to date, will the Minister explain why not?"
- The Minister for Social Security tabled an answer on 1st February 2021 to the following question asked by Deputy R.J. Ward of St. Helier –
"Will the Minister state what work if any, is being undertaken to create a freephone service for the Covid-19 helpline and Social Security helpline (especially during the closure of the building in La Motte Street) to allow people who do not have a landline number to access these services without incurring charges?"
- The Minister for Education tabled an answer on 1st February 2021 to the following question asked by Deputy R.J. Ward of St. Helier –
"Will the Minister inform the Assembly of the precise arrangements in place for Covid-19 testing in schools for children and staff in terms of the following –
- the year groups that will be tested;
- the staff who will be tested;
- the frequency of the tests (for example, whether they will be daily, weekly, monthly or termly);
- the expected accuracy of the tests; and
- the action that will be taken on receiving positive tests?"
- The Assistant Chief Minister tabled an answer on 1st February 2021 to the following question asked by Deputy M.R. Le Hegarat of St. Helier –
"Will the Assistant Chief Minister state what consideration, if any, has been given to returning to a two-site option for the proposed Future Hospital, given the pandemic has demonstrated the vulnerability of largely single site hospital operation; and is it the Minister's assessment that the separation of services to allow for isolation in the event of future pandemics or other operational needs, thereby allowing a continuance of business as usual, is a strategic imperative?"
- The Minister for Education tabled an answer on 1st February 2021 to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Minister advise members how many children in the Island's schools have been assessed as not having access to a computer or iPad, and explain what steps he and the Government are taking to overcome any educational disadvantage these children are experiencing with regards to home learning, especially during the pandemic?"
- The Minister for Children and Housing tabled an answer on 1st February 2021 to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Minister state –
- the number of people currently waiting for housing on the Housing Gateway and the number of houses / apartments expected to come on stream in the next 3 months;
- the number of properties currently vacant due to housing movement (such as the gap between one tenant leaving and another taking their place) and the average vacancy period over the last 2 years;
- the number of people his department has advised to sofa surf' or to live in a hotel, if any;
- the number of people currently estimated to be sofa surfing' or having to live in a hotel;
- the number of people estimated to be homeless or sleeping rough in the Island or intermittently in housing shelters;
- the daily capacity of housing shelters and their actual occupancy; and
- how many people have been evicted since the outbreak of the COVID-19 pandemic and what steps, if any, the Government is taking to prevent people being evicted during this period?"
- The Chief Minister tabled an answer on 1st February 2021 to the following question asked by Deputy M.R. Higgins of St. Helier –
"Will the Chief Minister advise the Assembly who has been appointed, or is to be appointed, to establish and operate a Digital Commercial and Residential Property Register in the Island by the end of 2021 and will he provide a progress report in respect of their efforts to date?"
- The Minister for Health and Social Services tabled an answer on 1st February 2021 to the following question asked by Deputy I. Gardiner of St. Helier –
"Will the Minister state –
- the number of requests for exemption from self-isolation that were made between 15th October 2020 and January 2021 and, of these, how many were granted and how many were refused;
- the reasons for granting any such exemptions, specifying the industries / categories involved;
- the number of positive tests, if any, subsequently obtained from those who had been granted exemptions, specifying the industries / categories involved;
- if any employees working in healthcare and / or medical professions were granted exemptions, whether they were required to wait for a first negative result prior to starting work with Jersey residents;
- whether there is a mandatory requirement to have a negative P.C.R. test 72 hours prior to arrival in Jersey as a pre-requisite for exemption from self-isolation and, if not, whether there is any plan to introduce this measure;
- the number of people required to self-isolate as a result of being a direct contact;
- what protocols, if any, are in place for testing contacts within identified groups should this happen; and
- whether those contacts have then to self-isolate until a negative test result comes through?"
- The Minister for Treasury and Resources tabled an answer on 1st February 2021 to the following question asked by Deputy I. Gardiner of St. Helier –
"Will the Minister provide an updated breakdown of the actual monies spent due to the Covid pandemic up to 31st December 2020 in contrast to the forecast per departments / projects as itemised in the Government Plan 2020-2023 (Appendix 2)?"
- The Minister for Health and Social Services tabled an answer on 1st February 2021 to the following question asked by Deputy S.M. Ahier of St. Helier –
"Will the Minister provide the following details in respect of re the new EMIS system for recording patient details –
- the date that the system was installed;
- the date that the system became operational;
- the total costs of installing the system;
- the total costs of training staff to use the system;
- the total running costs, including annual fees;
- the contract period for provision of this service; and
- whether there any additional ancillary costs associated with the establishment of the system?"
- The Minister for Health and Social Services tabled an answer on 1st February 2021 to the following question asked by Deputy G.P. Southern of St. Helier –
"Further to his response to Oral Question 17/2021, will the Minister provide details of the waiting times, in weeks, for referrals for specialist treatment; and the waiting times for the subsequent receipt of that treatment?"
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 –
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2021
1st Session 2021
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 Children and Housing Chief Minister
Resources
8th June Economic Education Chief Minister
Development,
Tourism, Sport and
Culture
29th June Environment External Relations Chief Minister 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 Children and Housing Economic Chief Minister
Development,
Tourism, Sport and
Culture
23rd November Education Environment Chief Minister 14th December External Relations Health and Social Chief Minister
Services