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STATES OF JERSEY ORDER PAPER
CONSOLIDATED
17th JANUARY 2023
SUMMARY
The meeting will be preceded by a short service for members at 9.30 a.m. at the Parish Church of St. Helier .
10.30 a.m. Communications by the Presiding Officer and other announcements
Appointments, matters of privilege, petitions
• Nomination of the Connétable of St. Clement and the Connétable of St. Ouen to the Economic and International Affairs Scrutiny Panel.
Approx. 10.45 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 External Relations and Financial Services three Ministers Minister for Health and Social Services
• Chief Minister
Statements (if any)
Approx. 3.00 p.m. Re-instatement of Senators. (P.108/2022).
Re-instatement of Senators (P.108/2022): amendment. (P.108/2022 Amd.).
Re-instatement of Senators (P.108/2022): second amendment. (P.108/2022 Amd.(2))
Draft Marriage and Civil Partnership (Amendments) (Jersey) Law 202-. (P.112/2022).
Draft Proceeds of Crime (Consequential and Miscellaneous) (Jersey) Regulations 202-. (P.113/2022).
Assembly approval for supplementary planning guidance. (P.114/2022).
Draft Sea Fisheries (TCA – Licensing of Fishing Boats) (Amendment of Law and Regulations) (No. 2) (Jersey) Regulations 202-. (P.115/2022).
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 January 2023 if necessary.
STATES OF JERSEY ORDER PAPER
CONSOLIDATED
17th JANUARY 2023
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS
(Explanatory note attached)
Sanctions and Asset-Freezing (Amendment - Haiti and Miscellaneous) R&O.111/2022. (Jersey) Order 2022.
Minister for External Relations and Financial Services.
Environment (2023 Miscellaneous Fees) (Jersey) Order 2022. R&O.116/2022. Minister for the Environment.
Regulation of Care (Amendment of Law – Regulated Activities Regulations) R&O.117/2022. (Commencement) (Jersey) Order 2022.
Regulation of Care (Fees) (Jersey) Order 2022. R&O.118/2022. Minister for the Environment.
* Taxation (Double Taxation) (Date in Force - United Kingdom) (Jersey) Order R&O.1/2023. 2023.
Minister for External Relations and Financial Services.
- DOCUMENTS PRESENTED
Draft Marriage and Civil Partnership (Amendments) (Jersey) Law 202- P.112/2022. (P.112/2022): comments. Com. Presented: 12th January 2023, Children, Education and Home Affairs Scrutiny
* Risk Management – follow up (R.150/2022): Executive Response R.150/2022. (R.150/2022 Res.) – comments. Res. Com. Presented: 12th January 2023, Public Accounts Committee.
Governance and Accountability of Independent Bodies and Office Holders: A R.174/2022. Thinkpiece.
Presented: 30th December 2022, Comptroller and Auditor General.
- NOTIFICATION OF LODGED PROPOSITIONS
Rent Control Tribunal: Nomination of Chair and Members (P.106/2022) – P.106/2022. amendment. Amd. Lodged: 3rd January 2023, Minister for Housing and Communities.
Skills Development Fund. P.116/2022. Lodged: 16th December 2022, Deputy M.B. Andrews of St. Helier North .
Establishment of a Climate Council. P.117/2022. Lodged: 22nd December 2022, Minister for the Environment.
Draft Limited Liability Companies (Amendment) (Jersey) Regulations 202-. P.118/2022. Lodged: 22nd December 2022, Minister for External Relations and Financial
Draft Limited Liability Companies (Winding Up and Dissolution) P.119/2022. (Amendment)(Jersey) Regulations 202-.
Lodged: 22nd December 2022, Minister for External Relations and Financial
Draft Public Holidays and Bank Holidays (amendment – Coronation) (Jersey) P.1/2023. Act 202-.
Lodged: 10th January 2023, Chief Minister.
- WITHDRAWAL OF LODGED PROPOSITION
In accordance with Standing Order 34(1), the proposer of the following proposition lodged au Greffe' has informed the Greffier of the States that it is to be withdrawn –
Draft Health Insurance Fund (Miscellaneous Provisions) (Amendment No.4) P.111/2022. (Jersey) Law 202-.
Lodged: 22nd November 2022, Minister for Social Security.
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
Nomination of the Connétable of St. Clement and the Connétable of St. Ouen as members of the Economic and International Affairs Scrutiny Panel.
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions
(see attached)
WQ.338/2022 1. The Chief Minister tabled an answer on 19th December 2022 to a question asked by Deputy M.B. Andrews of St. Helier North regarding new Hospital project monies.
WQ.339/2022 2. The Minister for Treasury and Resources tabled an answer on 19th December 2022 to a
question asked by Deputy L.J. Farnham of St. Mary , St. Ouen and St. Peter regarding the Jersey Community Foundation.
WQ.340/2022 3. The Chief Minister tabled an answer on 19th December 2022 to a question asked by the
Connétable of St. Brelade regarding essential food supplies and critical, medical and pharmacy supplies.
- – Oral Questions (2 hours 20 minutes)
OQ.4/2023 1. Deputy S.Y. Mézec of St. Helier South will ask the following question of the Minister for
Housing and Communities –
"Will the Minister undertake to use his powers, under Article 6(3)(e) of the Residential Tenancy (Jersey) Law 2011, to issue an order providing for enhanced notice periods for periodic tenancies on the basis of how long that tenancy has been in place, and to protect tenants from revenge evictions if they choose to use the services of the Rent Control Tribunal; and if not, why not?"
OQ.1/2023 2. Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Housing
and Communities –
"Given that a flourishing community' is part of the Common Strategic Policy, will the Minister provide his assessment of whether it is appropriate for Andium Homes to have a policy of encouraging some residents who have lived in non-town' communities for a long time, and who are established there, to move from those areas into St. Helier when downsizing?"
OQ.6/2023 3. Deputy R.J. Ward of St. Helier Central will ask the following question of the Minister for
Housing and Communities –
"What current requirements, if any, are there for tenants and landlords to notify the Government of a change of tenancy in private rental accommodation, what forms is it necessary to complete to fulfil any such requirement and where can any such forms be found?"
OQ.3/2023 4. Deputy M.B. Andrews of St. Helier North will ask the following question of the Chief
Minister –
"Given that 13 out of 16 Chairs of independent bodies and independent office holders are appointed through the executive powers of Ministers, will the Chief Minister advise whether she will consider if such appointments should instead be made by the States Assembly; and if not, why not?"
OQ.2/2023 5. Deputy M. Tadier of St. Brelade will ask the following question of the States Trustee of the
Jersey Community Relations Trust –
"Further to the finding of the Jersey Opinions and Lifestyle Report 2022 that, in the past 12 months, just under half (45%) of adults of Portuguese ethnicity who responded to the survey felt they had been discriminated against because of their nationality or race, will the Trustee state whether this finding reflects the Trust's own conclusions, whether the Trust has discussed this matter and, if so, what the result was of these discussions?"
OQ.8/2023 6. Deputy C.D . Curtis of St. Helier Central will ask the following question of the Minister for
Housing and Communities –
"Will the Minister consider abandoning the current qualification criteria for registering for affordable housing so that all Islanders in need are eligible to register on the Affordable Housing Gateway; and, if not, why not?"
OQ.7/2023 7. Deputy R.J. Ward of St. Helier Central will ask the following question of the Minister for
Social Security –
"Will the Minister provide details of the advice and assistance available to pensioners who, although they may be homeowners, have an income that is leading to a level of income poverty?"
OQ.5/2023 8. Deputy S.Y. Mézec of St. Helier South will ask the following question of the Minister for the
Environment –
"Further to Policy H6 in the Bridging Island Plan, which requires the Government periodically to review the parameters set on requirements for private developers to provide a proportion of the homes they build as affordable housing, will the Minister advise when the next review will take place and whether he intends to increase the proportion of affordable homes delivered by the private sector, and, if so, when?"
- – Questions to Ministers without notice (45 minutes)
1st question period – Minister for External Relations and Financial Services 2nd question period – Minister for Health and Social Services
3rd question period – Chief Minister
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Re-instatement of Senators. P.108/2022. Lodged: 14th November 2022, Deputy I.J. Gorst of St. Mary , St. Ouen and
Re-instatement of Senators (P.108/2022): amendment. P.108/2022. Lodged: 14th November 2022, Deputy K.F. Morel of St. John , St. Lawrence and Amd. Trinity .
Re-instatement of Senators (P.108/2022): second amendment. P.108/2022. Lodged: 14th November 2022, Deputy M.R. Scott of St. Brelade . Amd.(2). Draft Marriage and Civil Partnership (Amendments) (Jersey) Law 202-. P.112/2022. Lodged: 5th December 2022, Minister for Home Affairs.
Draft Marriage and Civil Partnership (Amendments) (Jersey) Law 202- P.112/2022. (P.112/2022): comments. Com. Presented: 12th January 2023, Children, Education and Home Affairs Scrutiny
Draft Proceeds of Crime (Consequential and Miscellaneous) (Jersey) P.113/2022. Regulations 202-. (re-issue). Lodged: 6th December 2022, Minister for External Relations and Financial
Assembly approval for supplementary planning guidance (P.114/2022): P.114/2022. comments. Com. Presented: 11th January 2023, Minister for the Environment.
Draft Sea Fisheries (TCA – Licensing of Fishing Boats) (Amendment of Law P.115/2022. and Regulations) (No. 2) (Jersey) Regulations 202-.
Lodged: 15th December 2022, Minister for the Environment.
- ARRANGEMENT OF PUBLIC BUSINESS
7th February 2023
Skills Development Fund. P.116/2022. Lodged: 16th December 2022, Deputy M.B. Andrews of St. Helier North .
Establishment of a Climate Council. P.117/2022. Lodged: 22nd December 2022, Minister for the Environment.
Draft Limited Liability Companies (Winding Up and Dissolution) P.119/2022. (Amendment) (Jersey) Regulations 202-.
Lodged: 22nd December 2022, Minister for External Relations and Financial
Draft Public Holidays and Bank Holidays (amendment – Coronation) P.1/2023. (Jersey) Act 202-.
Lodged: 10th January 2023, Chief Minister.
28th February 2023
* Note: The debate will resume following the decision by the Assembly on 24th
November 2022 that the proposition should be referred back to the Minister for
Housing and Communities in order that further information relating to the
proposition could be provided to the Assembly. In accordance with Standing
Order 86 the proposer may move the proposition afresh.
* Rent amendmConenttrol . Tribunal: Nomination of Chair and Members (P.106/2022) – P.106/20Amd22.. Lodged: 3rd January 2023, Minister for Housing and Communities.
L.-M. HART Greffier of the States
12th January 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 January 2023.
Explanatory Note regarding subordinate legislation tabled at this meeting.
(See Item B)
R&O.111/2022.
Sanctions and Asset-Freezing (Amendment – Haiti and Miscellaneous) (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 to implement new UK sanctions on Haiti and make various other amendments.
The Order takes the opportunity to update a reference to the Interpretation (Jersey) Law 1954 which should now be to the Legislation (Jersey) Law 2021.
It adds the UK's Haiti (Sanctions) Regulations 2022 (S.I. 2022/1281), which come into force on 28th December 2022, to the list of implemented UK sanctions instruments.
It removes from that list the Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020 (S.I. 2020/36), which expired 2 years after it was made, without being renewed.
It broadens the provision on reading UK references as their Jersey equivalents, so that that provision covers all references to a person who performs a function and all references to legislation, and so that the UK reference has effect alongside the Jersey equivalent. This does not apply where specific provision is made elsewhere in the amended Order (so, for example, a reference to the UK Secretary of State is read as a reference to the Jersey Minister alone, rather than to both the Secretary of State and the Minister).
The Order comes into force immediately after the midnight following its making, except for the provision about Haiti which comes into force on 28th December 2022 (at the same time as the relevant UK Regulations).
The Order was made on 15th December 2022 and comes into force in accordance with Article 6.
R&O.114/2022.
Motor Vehicle Registration (General Provisions) (Amendment No. 24) (Jersey) Order 2022. Minister for Infrastructure.
This Order amends the Motor Vehicle Registration (General Provision) (Jersey) Order 1993 (the "1993 Order") (Article 1).
Article 3 amends Schedule 5 of the 1993 Order, which makes provision about the display of registration marks on vehicles.
Article 3(4) inserts new paragraphs 7A and 7B into Schedule 5.
Paragraph 7A applies to vehicles registered on or after 1st January 2024, and to all new number plates fitted on or after that date, except where the vehicle was constructed on or before 31st December 1975. (The requirements in relation to vehicles constructed on or before 31st December 1975 are set out in paragraph 8 of Schedule 5.) Paragraph 7A sets out the requirements for number plates, including new requirements that they must comply with the British Standard specification for retroreflecting number plates published on 28th February 2018 under number BS AU 145e, and that they must display the number of that British Standard specification, the name of the supplier or manufacturer of the parts used to assemble the number plate, and the name and postcode of the supplying outlet of the assembled number plate.
Paragraph 7B provides for voluntary compliance with paragraph 7A. The number plate on a vehicle constructed on or before 31st December 1975 may comply with the requirements in paragraph 7A at any time. Where a vehicle is registered or a new number plate is fixed to a vehicle once this Order comes into force, the number plate may comply with those requirements before 1st January 2024.
Article 3(6) amends existing paragraph 9 of Schedule 5, which prescribes the form of number plates for vehicles constructed on or after 1st January 1976. The amendment to paragraph 9(1) provides that paragraph 9 only applies to vehicles constructed on or after 1st January 1976 where paragraph 7A does not apply.
Article 3(7) inserts new paragraph 9A into Schedule 5. This paragraph applies to vehicles imported into Jersey which, due to their construction and the area available on which to fix a number plate, cannot display a registration mark complying with the requirements about the sizing and spacing of characters set out in paragraph 7A, 8, or 9 of Schedule 5. Paragraph 9A sets out alternative character sizing and spacing requirements for number plates fixed to those vehicles.
Article 3(7) also inserts new paragraph 9B into Schedule 5, which provides for a new optional feature on vehicle number plates. The feature is a green background (or green "flash") on the left hand side of the number plate, and may be displayed only by zero emission vehicles. A zero emission vehicle is one that does not emit greenhouse gases from the exhaust, either because it is an electric vehicle without an exhaust, or because it is a converted petrol or diesel vehicle which has an exhaust but does not emit through it.
Paragraph 9B also –
- prescribes where the green flash may be displayed on a number plate which also displays the letter "L" (while being driven by a learner driver or a person holding a provisional licence), or the letter "P" (while being driven by an inexperienced motor cycle driver), to the left of the registration mark;
- provides that, where a zero emission vehicle is a hire vehicle and would otherwise be required by the 1993 Order to display the letter "H" on a red background, the letter "H" may instead be displayed on a green background; and
- provides that a trailer which is drawn by a zero emission vehicle displaying a number plate with a green flash, may also display a number plate with a green flash.
The remaining provisions: remove unnecessary requirements about the width of the letter "I" on Jersey number plates, correct an incorrect reference to the date of publication of British Standard specification number BS AU 145a, and make other minor consequential amendments to the 1993 Order.
The Order comes into force 7 days after it is made.
The Order was made on 19th December 2022 and came into force on 26th December 2022.
R&O.115/2022.
Environment (2023 Animals and Fisheries Fees) (Jersey) Order 2022. Minister for the Environment.
This Order increases, with effect from 1st January 2023, fees charged under legislation relating to animals and veterinary matters, aquatic resources and sea fisheries. The fees have been increased from a year ago by up to 2.5% (subject to rounding).
The Order was made on 19th December 2022 and came into force on 1st January 2023.
R&O.116/2022.
Environment (2023 Miscellaneous Fees) (Jersey) Order 2022. Minister for the Environment.
This Order increases, with effect from 1st January 2023, fees charged under the Food Safety (Ice-Cream Stalls etc.) (Jersey) Order 1969, the High Hedges (Application Fee) (Jersey) Order 2008, the Planning and Building (Fees) (Jersey) Order 2008, the Waste Management (Fees) (Jersey) Order 2008 and the Water Resources (Charges) (Jersey) Order 2009. The fees have been increased from a year ago by up to 2.5% (subject to rounding).
The Order was made on 19th December 2022 and came into force on 1st January 2023.
R&O.117/2022.
Regulation of Care (Amendment of Law – Regulated Activities Regulations) (Commencement) (Jersey) Order 2022.
Minister for the Environment.
This Order brings the Regulation of Care (Regulated Activities) (Amendment of Law) (Jersey) Regulations 2022 into force on 1st January 2023.
The Order was made on 19th December 2022 and came into force on 19th December 2022.
R&O.118/2022.
Regulation of Care (Fees) (Jersey) Order 2022. Minister for the Environment.
This Order replaces the Regulation of Care (Fees) (Jersey) Order 2018 (the "2018 Order") and uplifts the fees previously specified under the 2018 Order by 2.5% in line with the Government of Jersey's fees and charges policy. This Order also introduces annual fees payable in respect of new categories of regulated activity under the Regulation of Care (Jersey) Law 2014 (the "Law").
Article 1 points to the definition "service user". That expression will be introduced in the Regulation of Care (Standards and Requirements) (Jersey) Regulations 2018 (the "2018 Regulations") once those Regulations are amended on the coming into force of the Regulation of Care (Standards and Requirements) (Amendment) (Jersey) Regulations 2022 (the "Amendment Regulations"), planned for 1st January 2023, and replaces the expression "care receiver" previously used in the 2018 Regulations and 2018 Order.
Article 2 sets out fees for applications for registration under the Law.
Articles 3 to 6 set out the annual fees payable for various existing, as well as new, categories of regulated activity under the Law. The new categories of regulated activity will be introduced on the coming into force of the Regulation of Care (Regulated Activities) (Amendment of Law) (Jersey) Regulations 2022, planned for 1st January 2023.
Article 7 sets out other fees payable for various miscellaneous matters. Article 8 repeals the 2018 Order.
Article 9 provides for the title by which this Order may be cited and for it to come into force immediately after the coming into force of the Amendment Regulations which is planned for 1st January 2023.
The Order was made on 20th December 2022 and comes into force immediately after the coming into force of the Regulation of Care (Standards and Requirements) (Amendment) (Jersey) Regulations 2022 on 1st January 2023.
R&O.1/2023.
Taxation (Double Taxation) (Date in Force – United Kingdom) (Jersey) Order 2023. Minister for External Relations and Financial Services.
This Order amends the Schedule to the Taxation (Double Taxation) (Jersey) Regulations 2010 to insert the date that the double taxation agreement between Jersey and the United Kingdom came into force, which is 19th December 2018.
The Order comes into force 7 days after it is made.
The Order was made on 12th January 2023 and comes into force on 19th January 2023.
WRITTEN QUESTIONS (See Item I(a))
- The Chief Minister tabled an answer on 19th December 2022 to the following question asked by Deputy M.B. Andrews of St Helier North -
"Further to the response to written question Written Question 305/2022 regarding the new Hospital project, will the Chief Minister provide a breakdown of the £43.5 million spent on professional fees, design, and consultant remuneration since 2019?"
- The Minister for Treasury and Resources tabled an answer on 19th December 2022 to the following question asked by Deputy L.J. Farnham of St. Mary , St. Ouen and St. Peter -
"Given that the Jersey Community Foundation (J.C.F.) is mandated by the States of Jersey to distribute, upon application, charitable funds, will the Minister advise –
- how much money has so far been transferred from the Treasury to the J.C.F.;
- how many applications the J.C.F. has received and how many of these have been successful;
- the value of the funds the J.C.F. has so far distributed to charity; and
- the total annual running costs of the J.C.F.?"
- The Chief Minister tabled an answer on 19th December 2022 to the following question asked by the Connétable of St. Brelade -
"Will the Chief Minister advise –
- how many days of –
- essential food supplies; and
- critical, medical and pharmacy supplies
are held in Jersey at the current time; and
- whether the Government is intending to increase the amount of these supplies; and, if so, to what extent and over what timeframe?"
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) |
Chair of Privileges and Procedures Committee | |
Re-instatement of Senators (P.108/2022): amendment. (P.108/2022 Amd.). | Deputy I.J. Gorst of St. Mary , St. Ouen and St. Peter |
Re-instatement of Senators (P.108/2022): second amendment. (P.108/2022 Amd.(2)) | Deputy I.J. Gorst of St. Mary , St. Ouen and St. Peter |
Draft Marriage and Civil Partnership (Amendments) (Jersey) Law 202-. (P.112/2022). | Chair of the Children, Education and Home Affairs Scrutiny Panel |
Draft Proceeds of Crime (Consequential and Miscellaneous) (Jersey) Regulations 202-. (P.113/2022). | Chair of the Economic and International Affairs Scrutiny Panel |
Assembly approval for supplementary planning guidance (P.114/2022). | Minister for the Environment |
Draft Sea Fisheries (TCA – Licensing of Fishing Boats) (Amendment of Law and Regulations) (No. 2) (Jersey) Regulations 202- (P.115/2022). | Chair of the Environment, Housing and Infrastructure Scrutiny Panel |
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2023
1st Session 2023
17th January External Relations and Health and Social Chief Minister
Financial Services Services
7th February Home Affairs Housing and Chief Minister
Communities
28th February Infrastructure International Chief Minister
Development
21st March Social Security Treasury and Resources Chief Minister 18th April Children and Education Economic Development, Chief Minister
Tourism, Sport and
Culture
23rd May 13th June 4th July 18th July
2nd Session 2023 12th September 3rd October
17th October 7th November 28th November 12th December
Environment
Health and Social Services
Housing and Communities
International Development
Treasury and Resources
Economic Development, Tourism, Sport and Culture
External Relations and Financial Services
Home Affairs Infrastructure Social Security
External Relations and Financial Services
Home Affairs Infrastructure Social Security
Children and Education Environment
Health and Social Services
Housing and Communities
International Development
Treasury and Resources
Chief Minister Chief Minister Chief Minister Chief Minister
Chief Minister Chief Minister
Chief Minister Chief Minister Chief Minister Chief Minister