Order Paper - 17th October 2023

STATES OF JERSEY ORDER PAPER

17th OCTOBER 2023

SUMMARY

9.30 a.m.  Communications by the Presiding Officer and other announcements

Appointments, matters of privilege, petitions (if any)

• Nomination of Deputy R.S. Kovacs of St. Saviour as an elected member of the Public Accounts Committee.

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 Justice and Home Affairs three Ministers  Minister for Housing and Communities

• Chief Minister

Statements

• The Minister for Economic Development, Tourism, Sport and Culture will make a statement regarding the Future Economy Programme.

• The  Minister  for  the  Environment  will  make  a  statement regarding offshore wind power.

Approx. 2.15 p.m.  Reporting of headcount and vacancies. (P.69/2023).

Reporting  of  headcount  and  vacancies  (P.69/2023):  amendment. (P.69/2023 Amd.).

Reporting  of  headcount  and  vacancies  (P.69/2023):  second amendment. (P.69/2023 Amd.(2)).

Audit of Government Department Vacancies. (P.73/2023).

Increase  in  revenue  expenditure  for  agriculture  and  fisheries. (P.74/2023).

Increase  in  revenue  expenditure  for  agriculture  and  fisheries. (P.74/2023): amendment. (P.74/2023 Amd.).

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 18th, Thursday 19th and Friday 20th October 2023 if necessary.

STATES OF JERSEY ORDER PAPER

17th OCTOBER 2023

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

(Explanatory note attached)

Road Traffic (Traffic Signs – St. Helier ) (Jersey) Order 2023.  R&O.85/2023. Minister for Infrastructure.

Road Traffic (Speed Limits) (Amendment No.16) (Jersey) Order 2023.  R&O.86/2023. Minister for Infrastructure.

Economic Development, Tourism, Sport and Culture (2024 Fees) (Jersey)  R&O.87/2023. Order 2023.

Minister for Economic Development, Tourism, Sport and Culture.

3. DOCUMENTS PRESENTED

Ethical Standards – States Members (P.75/2023): comments.  P.75/2023. Presented: 10th October 2023, Privileges and Procedures Committee.  Com.

Review of Health and Community Services Leadership and Management R.148/2023. Capacity.

Presented: 6th October 2023, Minister for Health and Social Services.

Notice under Article 29A(3) of the States of Jersey Law 2005: Minister for R.149/2023. Energy and Environment.

Presented: 6th October 2023, Chief Minister.

Handling and Learning from Complaints – Follow up.  R.150/2023. Presented: 9th October 2023, Comptroller and Auditor General.

Empty Homes Service Update.  R.151/2023. Presented: 12th October 2023, Minister for Housing and Communities.

States of Jersey Law 2005: delegation of functions – Minister for Justice and R.152/2023. Home Affairs – multiple delegations.

Presented: 12th October 2023, Minister for Justice and Home Affairs.

Review of Income Support Benefit Overpayments.  S.R.1/2023. Presented: 9th October 2023, Health and Social Security Scrutiny Panel.

Review of Work Permit Holder welfare.  S.R.2/2023. Presented: 12th October 2023, Work Permit Holder Welfare Review Panel.

4. NOTIFICATION OF LODGED PROPOSITIONS

Reporting of headcount and vacancies (P.69/2023): amendment.  P.69/2023. Lodged: 6th October 2023, Deputy M.B. Andrews of St. Helier North .  Amd.

Reporting of headcount and vacancies (P.69/2023): second amendment.  P.69/2023. Lodged: 10th October 2023, Chief Minister.  Amd.(2). Increase in revenue expenditure for agriculture and fisheries. (P.74/2023): P.74/2023. amendment.  Amd. Lodged: 10th October 2023, Deputy S.G. Luce of Grouville and St. Martin .

5. WITHDRAWAL OF LODGED PROPOSITIONS
6. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

Nomination of Deputy R.S. Kovacs of St. Saviour as an elected member of the Public Accounts Committee.

7. MATTERS OF PRIVILEGE
8. PETITIONS
9. QUESTIONS

1. – Written Questions

(see attached)

WQ.367/2023  1. The Chair of the States Employment Board tabled an answer on 9th October 2023 to a

question asked by Deputy M.R. Scott of St. Brelade regarding guidelines and training materials for public employees regarding interpretation of the Codes of Practice.

WQ.368/2023  2. The Minister for Health and Social Services tabled an answer on 9th October 2023 to a

question asked by Deputy G.P. Southern of St. Helier Central regarding further detail on the changes that will be needed to pay for health costs as referred to on Page 88 of the Proposed Government Plan 2024-2027.

WQ.369/2023  3. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer on

9th October 2023 to a question asked by Deputy R.S. Kovacs of St. Saviour regarding grants and subsidies offered by the Government.

WQ.370/2023  4. The Minister for Justice and Home Affairs tabled an answer on 9th October 2023 to a question

asked by Deputy B.B. de S.V.M. Porée of St. Helier South regarding the process within the Jersey Customs and Immigration Service when a work permit holder's date of departure from the Island is either changed or overturned.

WQ.371/2023  5. The Minister for Treasury and Resources tabled an answer on 9th October 2023 to a question

asked by Deputy L.V. Feltham of St. Helier Central regarding growth bids in the proposed Government Plan 2024-2027.

WQ.372/2023  6. The Minister for the Environment tabled an answer on 9th October 2023 to a question asked

by the Connétable of St. Lawrence regarding the processes and decision-making of the Planning and Building Compliance team in relation to two situations in St. Lawrence.

2. – Oral Questions (2 hours 20 minutes)

OQ.201/2023 1.   Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Treasury

and Resources –

"Will the Minister advise whether he has received and accepted any invitation to participate in discussions regarding an increase in the rate of corporate income tax in the Crown Dependencies; if so, has he participated and what themes were discussed; and if he has not accepted an invitation, why not?"

OQ.197/2023 2.   Deputy A. Howell of St. John , St. Lawrence and Trinity will ask the following question of

the Minister for Health and Social Services –

"Will the Minister state the number of management positions in the General Hospital in 2016 and the associated costs of this management team?"

OQ.198/2023 3.   Deputy L.J. Farnham of St. Mary , St. Ouen and St. Peter will ask the following question of

the Minister for Treasury and Resources –

"Will the Minister provide a breakdown of the £52 million funding requested for the new Healthcare Facilities, as detailed in the proposed Government Plan 2024-2027?"

OQ.210/2023 4.   Deputy G.P. Southern of St. Helier Central will ask the following question of the Minister

for Health and Social Services –

"Will the Minister provide a split of the figures detailed in the Health and Community Services Net Revenue Expenditure within the draft Government Plan 2024-2027 between Hospital and Community services, and will she commit to providing a further breakdown of this information to Members before 31st October, detailing all medical specialisms?"

OQ.202/2023 5.   Deputy C.S. Alves of St. Helier Central will ask the following question of the Minister for

Treasury and Resources –

"Will the Minister explain why, when Islanders overpay their tax, it is shown as NIL on their tax assessment notices instead of the amount that has been overpaid?"

OQ.200/2023 6.   Deputy L.V. Feltham of St. Helier Central will ask the following question of the Minister for

Treasury and Resources –

"Will the Minister explain why the word fair' is omitted in his foreword to the 2022 States of Jersey Annual Report and Accounts, when referring to how the Government must remain consistent with its approach to taxes, when Fair and sustainable' remains a tax policy principle included in the draft Government Plan 2024-2027?"

OQ.207/2023 7.   Deputy S.Y. Mézec of St. Helier South will ask the following question of the Minister for

Justice and Home Affairs –

"Given the Carbon Neutral Roadmap aim to transition customers away from gas, will the Minister state what consideration, if any, the Government is giving to the future provision of gas for homes and businesses by a private company?"

OQ.195/2023 8.   Deputy M.B. Andrews of St Helier North will ask the following question of the Minister for

Infrastructure –

"Will the Minister advise what consideration, if any, has recently been given to selling properties or land, owned by the States of Jersey"

OQ.209/2023 9.   Deputy T.A. Coles of St. Helier South will ask the following question of the Minister for

Justice and Home Affairs –

"Will the Minister advise what assurances, if any, she has received from Island Energy that the recent disruption to the gas supply will not happen again during the winter months?"

OQ.204/2023 10.   Deputy R.J. Ward of St. Helier Central will ask the following question of the Chair of the

States Employment Board –

"Will the Chair advise what additional pay offers, if any, have been considered to end the dispute with Jersey's teaching staff; and what negotiations, if any, have taken place to discuss either such an additional offer or the lack of one?"

OQ.196/2023 11.   Deputy C.D . Curtis of St. Helier Central will ask the following question of the Minister for

Justice and Home Affairs –

"Given the public criticism of the Government response to the recent gas outage, will the Minister advise what consideration, if any, was given to the Government developing a plan to inform and support affected households and businesses; and if this was not considered, why not?"

OQ.208/2023 12.   Deputy S.Y. Mézec of St. Helier South will ask the following question of the Minister for

Housing and Communities –

"Will the Minister bring forward legislation to define homelessness, and will this legislation include a requirement for the Government to provide housing to those who meet that definition, and if not, why not?"

OQ.199/2023 13.   Deputy L.J. Farnham of St. Mary , St. Ouen and St. Peter will ask the following question of

the Minister for Economic Development, Tourism, Sport and Culture –

"Will the Minister confirm if the ten-year operating agreement with Condor Ferries is still scheduled  to expire in 2025 and, if it is, will the  Minister update  Members on what arrangements are in place to maintain our sea links moving forward?"

OQ.211/2023 14.   Deputy G.P. Southern of St. Helier Central will ask the following question of the Minister

for Health and Social Services –

"As the delivery of Health Services in 2024 will be shaped by the options outlined on page 96 of the draft Government Plan 2024-2027, will the Minister assure Members that she will release additional information in time for the lodging of amendments, to allow for examination of the spending and policies involved in those options; and if not, why not?"

OQ.203/2023 15.   Deputy C.S. Alves of St. Helier Central will ask the following question of the Minister for

Health and Social Services –

"Will the Minister state the weekly number of non-emergency visits to the Accident and Emergency department by persons aged under 18 during normal working hours from 1st August to 1st October this year, and how these compare to the same time last year?"

OQ.205/2023 16.   Deputy R.J. Ward of St. Helier Central will ask the following question of the Minister for

Children and Education –

"Will the Minister advise how much is put aside for teacher pay rises within the draft Government Plan 2024-2027, and how this relates to the £2.4 million value for money savings' listed for her department on page 57 of the Plan?"

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

1st question period – Minister for Justice and Home Affairs 2nd question period – Minister for Housing and Communities 3rd question period – Chief Minister

10. PERSONAL STATEMENTS
11. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY

The Minister for Economic Development, Tourism, Sport and Culture will make a statement regarding the Future Economy Programme.

The Minister for the Environment will make a statement regarding offshore wind power.

12. PUBLIC BUSINESS

Reporting of headcount and vacancies.  P.69/2023. Lodged: 12th September 2023, Deputy M.B. Andrews of St. Helier North .

Reporting of headcount and vacancies (P.69/2023): amendment.  P.69/2023. Lodged: 6th October 2023, Deputy M.B. Andrews of St. Helier North .  Amd.

Reporting of headcount and vacancies (P.69/2023): second amendment.  P.69/2023. Lodged: 10th October 2023, Chief Minister.  Amd.(2).

Audit of Government Department Vacancies.  P.73/2023. Lodged: 22nd September 2023, Deputy M.B. Andrews of St. Helier North .

Increase in revenue expenditure for agriculture and fisheries.  P.74/2023. Lodged: 26th September 2023, Deputy S.G. Luce of Grouville and St. Martin .

Increase in revenue expenditure for agriculture and fisheries. (P.74/2023): P.74/2023. amendment.  Amd. Lodged: 10th October 2023, Deputy S.G. Luce of Grouville and St. Martin .

13. ARRANGEMENT OF PUBLIC BUSINESS

7th November 2023

Draft  Public  Health  and  Safety  (Rented  Dwellings)  (Licensing)  (Jersey) P.40/2023. Regulations 202-. (P.40/2023).

Note: The 2nd reading of the Draft Regulations will resume following adoption of the principles on 18th July 2023 and the subsequent referral to the Environment, Housing and Infrastructure Scrutiny Panel under Standing Order 72(1).

Draft  Public  Health  and  Safety  (Rented  Dwellings)  (Licensing)  (Jersey) P.40/2023. Regulations 202-. (P.40/2023): amendment.  Amd. Lodged: 13th September 2023, Minister for the Environment.

Draft Income Tax (Amendment – Stage 2 of Independent Taxation) (Jersey) P.41/2023. Law 202-.

Lodged: 6th June 2023, Minister for Treasury and Resources.

Draft Act declaring that the Income Tax (Amendment – Stage 2 of Independent P.41/2023. Taxation) (Jersey) Law 202- has immediate effect.  Add. Presented: 6th June 2023, Minister for Treasury and Resources.

Draft  Sea  Fisheries  (Vessel  Monitoring  Systems)  (Amendment)  (Jersey) P.68/2023. Regulations 202-.

Lodged: 8th September 2023, Minister for the Environment.

Reform of the composition of the States Assembly.  P.76/2023. Lodged: 26th September 2023, Deputy M.R. Scott of St. Brelade .

Draft Income Support (Amendment No. 23) (Jersey) Regulations 202-.  P.77/2023. Lodged: 26th September 2023, Minister for Social Security.

28th November 2023

Restrict parking on beach slipways.  P.57/2023. Lodged: 2nd August 2023, Deputy M.B. Andrews of St. Helier North .

Draft Planning and Building (Commencement of No. 8 Amendment Law) P.71/2023. (Jersey) Act 202-.

Lodged: 19th September 2023, Minister for the Environment.

Ethical Standards – States Members.  P.75/2023. Lodged: 26th September 2023, Deputy M.R. Scott of St. Brelade .

Ethical Standards – States Members (P.75/2023): comments.  P.75/2023. Presented: 10th October 2023, Privileges and Procedures Committee.  Com.

12th December 2023

Proposed Government Plan 2024-2027.  P.72/2023. Lodged: 19th September 2023, Council of Ministers.

W.J.C. MILLOW Deputy Greffier of the States

12th October 2023

Note –

In accordance with the meeting dates fixed for 2023 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 18th, Thursday 19th and Friday 20th October 2023.

Explanatory Note regarding subordinate legislation tabled at this meeting.

(See Item B) R&O.85/2023.

Road Traffic (Traffic Signs – St. Helier ) (Jersey) Order 2023. Minister for Infrastructure.

This Order provides for a time-limited prohibition on exceeding the speed limit reductions for roads in St. Helier that will be introduced, with effect from 1st November 2023, by the Road Traffic (Speed Limits) (Amendment No. 16) (Jersey) Order 2023. The prohibition arises only if the Minister erects a traffic sign indicating the reduced speed limit.

This Order comes into force 7 days after it is made and is repealed on 1st November 2023. The Order was made on 3rd October 2023 and came into force on 10th October 2023.

R&O.86/2023.

Road Traffic (Speed Limits) (Amendment No. 16) (Jersey) Order 2023. Minister for Infrastructure.

This Order amends the Road Traffic (Speed Limits) (Jersey) Order 2003 (the "2003 Order") by reducing speed limits for roads in St. Helier from 1st November 2023.

Article 2 changes the structure of the entry for St. Helier in Schedule 1 (30 mph speed limit) so that it contains a comprehensive list of all roads with this speed limit. It also removes 50 roads for inclusion in Schedule 2 and 3 roads for inclusion in Schedule 3.

Article 3 adds 50 roads to the entry for St. Helier in Schedule 2 (20 mph speed limit) and changes the structure of one of the entries so that it now contains a comprehensive list of all roads with this speed limit. It also removes one road for inclusion in Schedule 3.

Article 4 adds 4 roads to the entry for St. Helier in Schedule 3 (15 mph speed limit).

Article 5 introduces the Schedule. This contains minor amendments to apply current drafting practice to the 2003 Order.

Article 6 gives the title by which this Order may be cited and provides that it comes into force on 1st November 2023.

The Order was made on 3rd October 2023 and comes into force on 1st November 2023.

R&O.87/2023.

Economic Development, Tourism, Sport and Culture (2024 Fees) (Jersey) Order 2023. Minister for Economic Development, Tourism, Sport and Culture.

The Economic Development, Tourism, Sport and Culture (2024 Fees) (Jersey) Order 2023 increases the fees charged under 3 regimes administered by the Minister for Economic Development, Tourism, Sport and Culture by an average of 2.4%.

Article 1 amends the Places of Refreshment (Registration) (Fees) (Jersey) Order 2008 to increase the fee for an application for registration, or the renewal of registration, of premises as a place of refreshment under Article 4(1) of the Places of Refreshment (Jersey) Law 1967. That fee was last increased with effect from 1st January 2023.

Article 2 amends the Tourism (General Provisions) (Jersey) Order 1990 to increase the fees for the registration, or the renewal of registration, of premises under Article 9(1) of the Tourism (Jersey) Law 1948. Those fees were last increased with effect from 7th October 2022.

Article 3 amends the Weights and Measures (Testing Fees) (Jersey) Order 2003 to increase the fees for testing, weighing or measuring equipment under Article 12 of the Weights and Measures (Jersey) Law 1967. Those fees were last increased with effect from 1st January 2023.

Article 4 gives the title of the Order and states when the provisions come into force. Article 2 and Article 4 come into force on 8th October 2023. Article 1 and Article 3 come into force on 1st January 2024.

The Order was made on 5th October 2023, Articles 2 and 4 came into force on 8th October 2023 and the remaining Articles come into force on 1st January 2024.

WRITTEN QUESTIONS (See Item I(a))

1. The Chair of the States Employment Board tabled an answer on 9th October 2023 to the following question asked by Deputy M.R. Scott of St. Brelade –

"Further to the responses provided to both Written Questions 23/2023 and 63/2023, will the Chair provide detail on any guidelines and training materials for public employees regarding interpretation of the Codes of Practice, including the definition of bullying, harassment, conflict of interest and public interest, negligence, breach of confidentiality, engaging in political activities and what constitutes gross misconduct, and advise –

1. how many employees across the public sector (both as a percentage and in real terms) have received any training in the interpretation of the Codes of Practice;
2. what work is being undertaken to better align the Codes of Practice with best ethical standards and practice in professional organisations outside the States and Government of Jersey, and if none, why not;
3. what consideration, if any, is being given to the establishment of a support framework for public employees to provide recourse to an independent third party to offer informal rulings and advice on conduct issues including the definitions on the previous areas; and
4. what consideration, if any, is being given to making training in ethical conduct compulsory and training repeated during an employee's service within the government organisation?"

2. The Minister for Health and Social Services tabled an answer on 9th October 2023 to the following question asked by Deputy G.P. Southern of St. Helier Central –

"With reference to Page 88 of the Proposed Government Plan 2024-2027, will the Minister provide further detail on the changes that will be needed to pay for health costs in a sustainable way; and will she advise what options for funding, if any, will be considered in 2024 to reform Health Care services for the Island?"

3. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer on 9th October 2023 to the following question asked by Deputy R.S. Kovacs of St. Saviour –

"Will the Minister provide details of all grants and subsidies offered by the Government, either directly or through any Arm's Length Organisations, charities, or related organisations, to any sporting club, individual, event or activity in the last 15 years, including –

1. the beneficiary of the funding;
2. the sport they represented;
3. what the financial support was intended to fund;
4. the amount received by each beneficiary and whether it was a grant or subsidy;
5. the grant or subsidy application and selection process;
6. where applicable, a list of unsuccessful applications, the reason for rejection and the sport they represented; and

will he further provide a list of the total number of sporting clubs, both professional and amateur, that currently make use of States of Jersey owned venues, including the sport they represent, and how much rent each pay per month to the States?"

4. The Minister for Justice and Home Affairs tabled an answer on 9th October 2023 to the following question asked by Deputy B.B. de S.V.M. Porée of St. Helier South –

"Will the Minister explain the process within the Jersey Customs and Immigration Service when a work permit holder's date of departure from the Island is either changed or overturned, particularly in terms of altering or removing the physical evidence of the original date from the individual's passport?"

5. The Minister for Treasury and Resources tabled an answer on 9th October 2023 to the following question asked by Deputy L.V. Feltham of St. Helier Central –

"Will the Minister, in respect of the Heads of Expenditure items in the proposed Government Plan 2024-2027 –

1. outline the process followed by departments to determine which revenue expenditure growth bids to submit to the Council of Ministers for consideration, including decision points involving accountable officers and budget holders;
2. detail the process followed by the Council of Ministers to determine which revenue expenditure growth bids would be included within the proposed Government Plan, including any decision points involving Ministers;
3. list all growth bids, budget increases and budget reductions considered by accountable officers and state the outcome of their considerations;
4. list all growth bids, budget increases and budget reductions considered by Ministers and state the outcome of their considerations; and
5. list all growth bids, budget increases and budget reductions considered by the Council of Ministers and state the outcome of its considerations?"

6. The Minister for the Environment tabled an answer on 9th October 2023 to the following question asked by the Connétable of St. Lawrence –

"Will the Minister provide information on the processes and decision-making of the Planning and Building Compliance team in relation to two situations in St Lawrence, and explain –

1. following the refusal of a retrospective application, after a developer had failed to follow approved buildings plans for 17 dwellings, whether there is any way to appeal the Planning and Building Compliance team's decision to take no enforcement action nor to require a new retrospective planning application, and if no such appeal is possible, why; and
2. despite complaints being made two months ago about a developer proceeding with building houses using plans without details of site levels or means of surface water drainage, which has led to flooding on neighbouring properties, and seemingly contravening the requirements of the building permit in terms of using spoil to raise the land around completed floor slabs, why no action has yet been taken by the Planning and Building Compliance team?"

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 2023

7th November

28th November 12th December

Infrastructure

Social Security Children and Education

International Development

Treasury and Resources

Economic Development, Tourism, Sport and Culture

Chief Minister

Chief Minister Chief Minister