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4th October 2022 Order Paper

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STATES OF JERSEY ORDER PAPER

4TH OCTOBER 2022

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 Housing and Communities three Ministers  Minister for Infrastructure

 Chief Minister

Statements (if any)

Jersey Police Complaints Authority – Appointment of Members (P.87/2022)

Draft Marriage and Civil Partnership (Amendment) (Jersey) Law 202-. (P.88/2022)

Cost of living crisis – Measures affecting Andium homes rent increases (P.92/2022)

Introduce an immediate reduction in road fuel duty' (In-Committee)

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 5th, Thursday 6th and Friday 7th 2022 if necessary.

STATES OF JERSEY ORDER PAPER

4TH OCTOBER 2022

  1. COMMUNICATIONS BY THE PRESIDING OFFICER
  2. TABLING OF SUBORDINATE ENACTMENTS

(Explanatory note attached)

Sanctions and Asset-Freezing (Amendment - Automatic Implementation of  R&O.90/2022. UK Sanctions on Russia) (Jersey) Order 2022.

Minister for External Relations and Financial Services.

Employment (Minimum Wage) (Repeal and Amendment No. 16) (Jersey)  R&O.91/2022. Order 2022.

Minister for Social Security.

States of Jersey (Ministerial Offices) Order 2022.  R&O.92/2022. Chief Minister.

  1. DOCUMENTS PRESENTED

States of Jersey Law 2005: Delegation of functions – Minister for the  R.129/2022. Environment – Assistant Minister

Presented: 27th September 2022, Minister for the Environment.

States of Jersey Law 2005: Delegation of functions – Minister for Children  R.130/2022. and Education – Assistant Ministers

Presented: 27th September 2022, Minister for Children and Education.

States Investment Strategies  R.131/2022. Presented: 27th September 2022, Minister for Treasury and Resources.

Minimum wage increase in November 2022 and offset rates in January 2023 R.132/2022. Presented: 28th September 2022, Minister for Social Security.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Re-instatement of Senators (P.79/2022): amendment  P.79/2022. Lodged: 22nd September 2022, Deputy K.F. Morel of St. John , St. Lawrence  Amd. and Trinity .

Health and Safety Appeal Tribunal: Appointment of Chair and Deputy Chair P.95/2022. Lodged: 23rd September 2022, Minister for Social Security.

  1. WITHDRAWAL OF LODGED PROPOSITIONS

In accordance with Standing Order 34(1), the proposers of the following propositions lodged au Greffe' have informed the Greffier of the States that they are to be withdrawn –

Rent Control Tribunal: Nomination of Chairman and Members  P.86/2022. Lodged: 17th August 2022, Minister for Housing and Communities.

Trainee Minimum Wage  P.93/2022. Lodged: 13th September 2022, Deputy M.B. Andrews of St. Helier North .

  1. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
  2. MATTERS OF PRIVILEGE
  3. PETITIONS
  4. QUESTIONS
  1. Written Questions

(see attached)

WQ.168/2022 1. The Chief Minister tabled an answer on 27th September 2022 to a question asked by the

Connétable of St. Martin regarding the use of public expertise and engagement in the formation of policy.

WQ.169/2022 2. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer on

27th September 2022 to a question asked by the Connétable of St. Martin regarding hosting

a time-trial stage as part of a Union Cycliste Internationale (U.C.I.) accredited stage race. WQ.170/2022 3. The Minister for the Environment tabled an answer on 27th September 2022 to a question

asked by the Connétable of St. Martin regarding an update on actions approved by the States

Assembly as part of Actions to Mitigate the Use of Palm Oil' (P.99/2021).

WQ.171/2022 4. The Minister for Treasury and Resources tabled an answer on 27th September 2022 to a

question asked by Deputy M.B. Andrews of St. Helier North regarding tax generated by High Value Residents since the inception of the regime.

WQ.172/2022 5. The Minister for Treasury and Resources tabled an answer on 27th September 2022 to a

question asked by Deputy M.B. Andrews of St. Helier North regarding Stamp Duty payable per year since 2012.

WQ.173/2022 6. The Minister for Treasury and Resources tabled an answer on 27th September 2022 to a

question asked by Deputy M.B. Andrews of St. Helier North regarding what additional financial support university students can expect from the Government during the current period of high inflation.

WQ.174/2022 7. The Minister for Health and Social Services tabled an answer on 27th September 2022 to a

question asked by Deputy G.P. Southern of St. Helier Central regarding free healthcare. WQ.175/2022 8. The Chief Minister tabled an answer on 27th September 2022 to a question asked by Deputy

C. Curtis of St. Helier Central regarding High Value Residents purchasing properties.

WQ.176/2022 9. The Minister for Treasury and Resources tabled an answer on 27th September 2022 to a

question asked by Deputy R.J. Ward of St. Helier Central regarding income exceeding forecasts in the current Government Plan 2022-25.

WQ.177/2022 10. The Minister for Children and Education tabled an answer on 27th September 2022 to a

question asked by Deputy R.J. Ward of St. Helier Central regarding plans for a North of St. Helier Youth Centre.

WQ.178/2022 11. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer on

27th September 2022 to a question asked by Deputy R.J. Ward of St. Helier Central regarding the development of Springfield Stadium and the long-term financial support for the Jersey Bulls football team.

WQ.179/2022 12. The Assistant Chief Minister tabled an answer on 27th September 2022 to a question asked

by Deputy S.Y. Mézec of St. Helier South regarding annual expenditure on Communications and the number of staff employed in Communications.

WQ.180/2022 13. The Minister for Treasury and Resources tabled an answer on 27th September 2022 to a

question asked by Deputy S.Y. Mézec of St. Helier South regarding incorporating a greater proportion of affordable housing in the planned development on South Hill.

WQ.181/2022 14. The Minister for the Environment tabled an answer on 27th September 2022 to a question

asked by Deputy S.Y. Mézec of St. Helier South regarding minimum health and safety standards in the private rental market.

  1. Oral Questions (2 hours 20 minutes)

OQ.93/2022  1.   Deputy R.J. Ward of St Helier Central will ask the following question of the Minister for

Infrastructure –

"Will the Minister advise what involvement he had in the sale of LibertyBus from HCT Group to Tower Transit, and what reassurances, if any, he has received regarding the continuance of the Avanchi18 bus passes for those aged under 19?"

OQ.98/2022  2.   Deputy G.P. Southern of St. Helier Central will ask the following question of the Minister

for Social Security –

"Will the Minister advise what consideration, if any, has been given to the expansion of the Health Access Scheme, which groups have been considered for inclusion and in what timescale would they be included; would she further indicate what consultation, if any, has taken place with professional bodies or not for profit bodies involved with the scheme, what these bodies were and if none has taken place, why not?"

OQ.96/2022  3.   Deputy S.Y. Mézec of St. Helier South will ask the following question of the Minister for the

Environment –

"Will the Minister state whether he supports the continuation of the target set by the previous Government of Jersey of reaching net-zero carbon emissions by 2050; if not, will he indicate whether he intends to bring this target forward?"

OQ.95/2022  4.   Deputy L.V. Feltham of St. Helier Central will ask the following question of the Chief

Minister –

"Will the Chief Minister indicate whether she has considered making any policy changes concerning the licensing of new businesses, either for those starting up or entering the Island, given potential constraints upon local employment, housing markets and inflationary pressures?"

OQ.94/2022  5.   Deputy R.J. Ward of St. Helier Central will ask the following question of the Minister for

Children and Education –

"Will the Minister advise what gaps in provision, if any, have been identified in respect of specialist subject teachers across our schools and colleges with regards to the delivery of exam subject content and exam preparation for students in the coming academic year?"

OQ.99/2022  6.   Deputy G.P. Southern of St. Helier Central will ask the following question of the Minister

for Social Security –

"Will the Minister advise whether a substantial reduction in the Health Insurance Fund is anticipated over the next four years and, if so, why; and further advise what, if any, proposals she has for the funding of primary care after this fund is exhausted?"

OQ.97/2022  7.   Deputy S.Y. Mézec of St. Helier South will ask the following question of the Minister for

Treasury and Resources –

"As shareholder representative of the SoJDC, will the Minister advise what instructions, if any, he has given to the Minister for Infrastructure to increase the proportion of affordable homes to be delivered on South Hill and the Waterfront above the current 15% target?"

  1. – Questions to Ministers without notice (45 minutes)

1st question period – Minister for Housing and Communities 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

Jersey Police Complaints Authority – Appointment of Members  P.87/2022. Lodged: 17th August 2022, Minister for Home Affairs.

Draft Marriage and Civil Partnership (Amendment) (Jersey) Law 202-.  P.88/2022. Lodged: 22nd August 2022, Minister for Home Affairs.  (re-issue).

Draft Marriage and Civil Partnership (Amendment) (Jersey) Law 202:  P.88/2022. comments  Com. Presented: 24th August 2022, Children, Education and Home Affairs Scrutiny

Panel.

Cost of living crisis – Measures affecting Andium homes rent increases  P.92/2022. Lodged: 13th September 2022, Deputy R.J. Ward of St. Helier Central .

Introduce an immediate reduction in road fuel duty' (In-Committee)

  1. ARRANGEMENT OF PUBLIC BUSINESS

1st November 2022

Draft Income Support (Amendment No. 22) (Jersey) Regulations 202-  P.94/2022. Lodged: 20th September 2022, Minister for Social Security.  (re-issue).

Health and Safety Appeal Tribunal: Appointment of Chair and Deputy  P.95/2022. Chair

Lodged: 23rd September 2022, Minister for Social Security.

22nd November 2022

Re-instatement of Senators  P.79/2022. Lodged: 27th June 2022, Deputy I.J. Gorst of St. Mary , St. Ouen and St. Peter .  (re-issue)

Re-instatement of Senators (P.79/2022): amendment  P.79/2022. Lodged: 22nd September 2022, Deputy K.F. Morel of St. John , St. Lawrence  Amd. and Trinity .

L. M. HART

Greffier of the States

29th September 2022 Note –

In accordance with the meeting dates fixed for 2022 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 5th, Thursday 6th, and Friday 7th October 2022.

Explanatory Note regarding subordinate legislation tabled at this meeting.

(See Item B)

R&O.90/2022.

Sanctions and Asset-Freezing (Amendment – Automatic Implementation of UK Sanctions on Russia) (Jersey) Order 2022.

Minister for External Relations and Financial Services.

This Order amends the Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 (the "Sanctions Order") to provide for automatic implementation of certain future amendments to the UK's Russia (Sanctions) (EU Exit) Regulations 2019 (S.I. No. 2019/855, as amended, the "UK Russia Regulations").

There are 2 effects of the amendments. One is that if in future the UK amends the UK Russia Regulations to add a new prohibition or obligation, breach of which is a criminal offence in the UK, then the existing Jersey offence of breaching implemented sanctions provisions (carrying imprisonment for up to 7 years and an unlimited fine) will apply automatically to a breach of that new prohibition or obligation in Jersey. There will therefore be no need for the Sanctions Order to be amended again to update column 5 of the table in its Schedule 1 to implement new UK prohibitions and obligations in relation to Russia, because that column will no longer list specific regulations from the UK Russia Regulations. But the Minister retains the power to modify or disapply a particular prohibition or obligation by amending the Sanctions Order.

The other effect is that if the UK grants a general licence under the UK Russia Regulations in relation to something other than an asset-freeze, then that general licence (and any conditions imposed on it by the UK) will have automatic effect in Jersey. But the Minister can grant a general licence that expressly modifies or disapplies a UK general licence. The Minister can also disapply a UK general licence altogether, without making any replacement, by publicising a notice in the same way that notices of revocation of Jersey general licences are publicised.

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

The Order was made on 22nd September 2022 and came into force on 29th September 2022.

R&O.91/2022.

Employment (Minimum Wage) (Repeal and Amendment No. 16) (Jersey) Order 2022. Minister for Social Security.

This Order increases the hourly rates of the minimum wage for employees and trainees with effect from 1st November 2022.

It also repeals the Employment (Minimum Wage) (Amendment No. 15) (Jersey) Order 2022 before that Order comes into force, which would have been on 1st October 2022, so that this Order replaces the increases that were provided for in that Order.

The Order was made on 26th September 2022, Articles 1 and 3 of the Order came into force on 27th September 2022, and Article 2 comes into force on 1st November 2022.

R&O.92/2022.

States of Jersey (Ministerial Offices) Order 2022. Chief Minister.

This Order uses time-limited powers to clarify past legislation on the names of Ministerial offices and transfers of their statutory functions, to simplify the legislation changing those names in future or making future transfers.

It does so by replacing past Regulations and Orders (which created Ministers, renamed them or transferred functions between them) with a single Order containing a current list of the Ministers and their titles. It also gathers current provisions on construing legislation of the UK that has been extended to Jersey but contains references to Committees or Ministerial offices that have since been changed in Jersey law.

To facilitate this consolidation the Order also amends some of those past Regulations and Orders to apply to them the current provisions of Article 29A of the States of Jersey Law 2005 on the effects of transfers. It also moves some provisions of those Regulations and Orders and makes some corrections in relation to transfers effected by them. The combined effect is that those Regulations and Orders can be treated as spent, with all relevant current information now contained instead in this Order (or in other appropriate legislation) where it will be updated for future changes.

The Order is made using a consolidation power that cannot be used after 27th September 2022. That power was given by the Legislation (Jersey) Law 2021, which amended Article 29A of the States of Jersey Law 2005.

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

The Order was made on 27th September 2022 and comes into force on 4th October 2022.

WRITTEN QUESTIONS (See Item I(a))

  1. The Chief Minister tabled an answer on 27th September 2022 to the following question asked by the Connétable of St. Martin :

"Will the Chief Minister outline her plans relating to the use of public expertise and engagement in the formation of policy, with particular reference to whether she intends to continue the use of Policy Development Boards or similar bodies?"

  1. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer on 27th September 2022 to the following question asked by the Connétable of St. Martin :

"Following the recent success of cycle races including the Tour de France Femmes, The Women's World Tour and RideLondon Classique, will the Minister consider exploring the possibility of the Island hosting a time-trial stage as part of a Union Cycliste Internationale (U.C.I.) accredited stage race?"

  1. The Minister for the Environment tabled an answer on 27th September 2022 to the following question asked by the Connétable of St. Martin :

"Will the Minister provide an update on the work that has so far been undertaken to deliver on the actions approved by the States Assembly as part of Actions to Mitigate the Use of Palm Oil' (P.99/2021)?"

  1. The Minister for Treasury and Resources tabled an answer on 27th September 2022 to the following question asked by Deputy M.B. Andrews of St. Helier North :

"Will the Minister advise how much tax has been generated, per year, from the taxable income (i.e. 1% above the 20% tax threshold) paid by High Value Residents since the inception of the regime?"

  1. The Minister for Treasury and Resources tabled an answer on 27th September 2022 to the following question asked by Deputy M.B. Andrews of St. Helier North :

"Will the Minister advise how much Stamp Duty has been made payable per year since 2012 under Item 46 of Schedule 1 (3) of the Stamp Duties and Fees (Jersey) Law 1998?"

  1. The Minister for Treasury and Resources tabled an answer on 27th September 2022 to the following question asked by Deputy M.B. Andrews of St. Helier North :

"Will the Minister advise what additional financial support, if any, university students can expect from the Government during the current period of high inflation and when such support will be provided?"

  1. The Minister for Health and Social Services tabled an answer on 27th September 2022 to the following question asked by Deputy G.P. Southern of St. Helier Central :

"Is it the Minister's policy that health care should be provided free at the point of use and that, in particular, all services currently delivered by health care services free of charge should remain so; and will she agree to propose that sustainable funding for such services should be sourced from hypothecated taxes?"

  1. The Chief Minister tabled an answer on 27th September 2022 to the following question asked by Deputy C. Curtis of St. Helier Central :

"Will the Minister advise whether High Value Residents are permitted to purchase an unrestricted amount of property, either as investment properties or as rental homes?"

  1. The Minister for Treasury and Resources tabled an answer on 27th September 2022 to the following question asked by Deputy R.J. Ward of St. Helier Central :

"Will the Minister advise the current estimate of by how much income will exceed forecasts in the current Government Plan 2022-25?"

  1. The Minister for Children and Education tabled an answer on 27th September 2022 to the following question asked by Deputy R.J. Ward of St. Helier Central :

"Will the Minister outline the current plans for a North of St. Helier Youth Centre, given the adoption of an amendment to the Bridging Island Plan to protect the Nelson Street site for such a facility if no other site was identified; and will the Minister confirm whether £2 million allocated in the Government Plan 2022-2025 is still available for this project?"

  1. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer on 27th September 2022 to the following question asked by Deputy R.J. Ward of St. Helier Central :

"Will the Minister advise what current plans, if any, there are for the development of Springfield Stadium and the long-term financial support for the Jersey Bulls football team?"

  1. The Assistant Chief Minister tabled an answer on 27th September 2022 to the following question asked by Deputy S.Y. Mézec of St. Helier South :

"Further to the response to Written Question 284/2021, regarding annual expenditure on Communications and the number of staff employed in Communications, will the Assistant Minister provide an updated response?"

  1. The Minister for Treasury and Resources tabled an answer on 27th September 2022 to the following question asked by Deputy S.Y. Mézec of St. Helier South :

"Will the Minister, as shareholder representative, outline what instructions, if any, have been given to the States of Jersey Development Company in relation to incorporating a greater proportion of affordable housing in the planned development on South Hill, since planning approval was denied for the first application?"

  1. The Minister for the Environment tabled an answer on 27th September 2022 to the following question asked by Deputy S.Y. Mézec of St. Helier South :

"Will the Minister advise what measures, if any, will be introduced to assist the Environmental Health Department to enforce minimum health and safety standards in the private rental market?"

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)

Jersey Police Complaints Authority – Appointment of Members. (P.87/2022)

 Chair of the Children, Education and Home Affairs Scrutiny Panel.

Draft Marriage and Civil Partnership (Amendment) (Jersey) Law 202-. (P.88/2022)

 Chair of the Children, Education and Home Affairs Scrutiny Panel.

Cost of living crisis – Measures affecting Andium homes rent increases (P.92/2022)

 Minister for Housing and Communities.

Introduce an immediate reduction in road fuel duty'

(In-Committee)

Minister for Treasury and Resources.

Chair of the Corporate Services Scrutiny Panel.

 

ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE

(See Item I(c))

Questions without notice 2022

1st Session 2022

18th January  Home Affairs  Infrastructure  Chief Minister 8th February  International  Social Security  Chief Minister

Development

1st March  Treasury and  Housing and  Chief Minister

Resources  Communities

29th March  Economic  Children and  Chief Minister

Development,  Education

Tourism, Sport and

Culture

25th April  Environment  External Relations and  Chief Minister

Financial Services

2nd Session 2022

13th September  Health and Social  Home Affairs  Chief Minister

Services

4th October  Housing and  Infrastructure  Chief Minister

Communities

1st November  International  Social Security  Chief Minister

Development

22nd November  Treasury and  Children and Education  Chief Minister

Resources

13th December  Economic  Environment  Chief Minister

Development, Tourism,

Sport and Culture