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STATES OF JERSEY ORDER PAPER
4th JULY 2023 SUMMARY CONSOLIDATED
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 Economic Development, Tourism, Sport and three Ministers Culture
• Minister for Social Security
• Chief Minister
Statements
• The Minister for Infrastructure regarding the Strategic Outline Case and Feasibility Study of the New Healthcare Facilities.
Approx. 2.30 p.m. Draft Taxation (Exchange of Information – Amendment) (Jersey)
Regulations 202-. (P.28/2023).
Draft Income Tax (High Value Residents – Amendment) (Jersey) Law 202-. (P.29/2023).
Amendment to Standing Orders – various amendments. (P.30/2023).
Removal of compulsory independent taxation for existing married Couples and Civil Partnerships (P.32/2023): amendment. (P.32/2023 Amd.)
Jersey Police Complaints Authority – Appointment of Member. (P.37/2023).
Taxation of High Value Residents. (P.44/2023). 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 July 2023 if necessary.
STATES OF JERSEY ORDER PAPER
4th JULY 2023 CONSOLIDATED
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS
(Explanatory note attached)
Education (Grants and Allowances) (Amendment No. 4) (Jersey) Order 2023. R&O.47/2023. Minister for Children and Education.
Sea Fisheries (Spider Crabs - Restrictions on Fishing) (Amendment No. 4) R&O.48/2023. (Jersey) Order 2023.
Road Traffic (Parking and Prohibition on Waiting - Amendments) (Jersey) R&O.49/2023. Order 2023.
Control of Housing and Work (Exemptions) (Amendment No. 7) (Jersey) R&O.50/2023. Order 2023.
Road Traffic (Public Parking Places) (Amendment No. 19) (Jersey) Order R&O.51/2023. 2023.
Proceeds of Crime (Supervisory Bodies) (Transitional Provisions - R&O.52/2023. Amendment) (Jersey) Order 2023.
* Sanctions and Asset-Freezing (Amendment - Automatic Implementation of R&O.53/2023. Ports Directions) (Jersey) Order 2023.
Minister for External Relations.
- DOCUMENTS PRESENTED
Draft Taxation (Exchange of Information – Amendment) (Jersey) Regulations P.28/2023. 202-: comments. Com. Presented: 28th June 2023, Economic and International Affairs Scrutiny Panel.
Draft Income Tax (High Value Residents – Amendment) (Jersey) Law 202- P.29/2023. (P.29/2023) – comments. Com. Presented: 21st June 2023, Corporate Services Scrutiny Panel.
* Removal of compulsory independent taxation for existing married couples and P.32/2023. civil partnerships (P.32/2023): comments. Com. Presented: 30th June 2023, Minister for Treasury and Resources.
Integrated Technology Solution – follow up (R.67/2023): executive response. R.67/2023. Presented: 16th June 2023, Public Accounts Committee. Res.
The operation and regulation of zero hour contracts in Jersey – a report from R.70/2023. the Jersey Employment Forum (R.70/2023) – Response of the Minister for Res. Social Security.
Presented: 21st June 2023, Minister for Social Security.
Learning from previous Hospital projects: A follow up review (R.82/2023) – R.82/2023. Executive Response. Res. Presented: 29th June 2023, Public Accounts Committee.
Commissioner for Standards: Investigation of Complaint of Breach of the R.107/2023. Code of Conduct for Elected Members by Deputy K.F. Morel of St. John , St.
Lawrence and Trinity and Deputy K.L. Moore of St. Mary , St. Ouen and St.
Presented: 20th June 2023, Privileges and Procedures Committee.
Children's Commissioner for Jersey Annual Report 2022. R.109/2023. Presented: 28th June 2023, Children's Commissioner.
* Transfers between heads of expenditure under the Public Finances (Jersey) R.110/2023. Law 2019: Article 18 – 23rd June 2023.
Presented: 3rd July 2023, Minister for Treasury and Resources.
- NOTIFICATION OF LODGED PROPOSITIONS
La Collette Waste Management Site – Development Plan (P.17/2023): P.17/2023. amendment. Amd. Lodged: 27th June 2023, Connétable of St. Helier .
Removal of compulsory independent taxation for existing married Couples and P.32/2023. Civil Partnerships (P.32/2023): amendment. Amd. Lodged: 26th June 2023, Deputy L.J. Farnham of St Mary, St. Ouen and St.
Removal of compulsory independent taxation for existing married Couples and P.32/2023. Civil Partnerships (P.32/2023): second amendment. Amd.(2). Lodged: 27th June 2023, Deputy C.S. Alves of St. Helier Central .
Amendment to Standing Orders – the establishment of PPC sub-committees. P.46/2023. Lodged: 23rd June 2023, Privileges and Procedures Committee.
Entitlement to work – reduction in residency requirement. P.49/2023. Lodged: 27th June 2023, Deputy R.S. Kovacs of St. Saviour .
Supplementary Planning Guidance – Parking Strategy. P.50/2023. Lodged: 27th June 2023, Connétable of St. Helier .
- WITHDRAWAL OF LODGED PROPOSITION
In accordance with Standing Order 34(1), the proposer of the following proposition lodged au Greffe' have informed the Greffier of the States that they are to be withdrawn –
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions
(see attached)
WQ.275/2023 1. The Chief Minister tabled an answer on 19th June 2023 to a question asked by Deputy M.B.
Andrews of St. Helier North regarding States of Jersey employees leaving the organisation. WQ.276/2023 2. The Chair of the States Employment Board tabled an answer on 19th June 2023 to a question
asked by Deputy M.R. Scott of St. Brelade regarding staff statistics in Health and Community
Services.
WQ.277/2023 3. The Minister for Home Affairs tabled an answer on 19th June 2023 to a question asked by
Deputy M.R. Le Hegarat of St. Helier North regarding Road Traffic Collisions.
WQ.278/2023 4. The Chief Minister tabled an answer on 19th June 2023 to a question asked by Deputy L.V.
Feltham of St. Helier Central regarding individuals who are resident in the Island under Regulation 2(1)(e).
WQ.279/2023 5. The Minister for Health and Social Services tabled an answer on 19th June 2023 to a question
asked by Deputy C.A. Alves of St. Helier Central regarding the Substance Use Strategy Report.
WQ.280/2023 6. The Minister for Treasury and Resources tabled an answer on 19th June 2023 to a question
asked by Deputy S.Y. Mézec of St. Helier South regarding the new Tenant Non-Executive Director on the Board of Andium Homes.
WQ.281/2023 7. The Minister for Home Affairs tabled an answer on 26th June 2023 to a question asked by
Deputy M.B. Andrews of St. Helier North regarding legislation to protect the identity of individuals who face being prosecuted for rape.
WQ.282/2023 8. The Minister for Social Security tabled an answer on 26th June 2023 to a question asked by
Deputy M.B. Andrews of St. Helier North regarding Health Insurance Fund expenditure. WQ.283/2023 9. The Chair of the States Employment Board tabled an answer on 26th June 2023 to a question
asked by Deputy M.B. Andrews of St. Helier North regarding the number of managers
employed in the Health and Community Services department.
WQ.284/2023 10. The Chair of the States Employment Board tabled an answer on 26th June 2023 to a question
asked by Deputy M.R. Scott of St. Brelade regarding working from home arrangements. WQ.285/2023 11. The Minister for Children and Education tabled an answer on 26th June 2023 to a question
asked by Deputy R.J. Ward of St. Helier Central regarding newly qualified teachers. WQ.286/2023 12. The Minister for Housing and Communities tabled an answer on 26th June 2023 to a question
asked by Deputy R.J. Ward of St. Helier Central regarding future Housing policy. WQ.287/2023 13. The Minister for Infrastructure tabled an answer on 26th June 2023 to a question asked by
Deputy R.J. Ward of St. Helier Central regarding LibertyBus.
WQ.288/2023 14. The Minister for Health and Social Services tabled an answer on 26th June 2023 to a question
asked by Deputy R.S. Kovacs of St. Saviour regarding knee and hip operations.
WQ.289/2023 15. The Chief Minister tabled an answer on 26th June 2023 to a question asked by Deputy R.S.
Kovacs of St. Saviour regarding businesses and employment licences.
WQ.290/2023 16. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer on
* 3rd July 2023 to a question asked by Deputy M.B. Andrews of St. Helier North regarding current and capital account information.
WQ.291/2023 17. The Minister for the Environment tabled an answer on 3rd July 2023 to a question asked by
* Deputy M.B. Andrews of St. Helier North regarding a Planning Appeals Board.
WQ.292/2023 18. The Minister for Health and Social Services tabled an answer on 3rd July 2023 to a question
* asked by Deputy M.B. Andrews of St. Helier North regarding accommodating private healthcare within the new healthcare facilities project.
WQ.293/2023 19. The Minister for the Environment tabled an answer on 3rd July 2023 to a question asked by
* Deputy S.G. Luce of Grouville and St. Martin regarding average sea temperatures. WQ.294/2023 20. The Chief Minister tabled an answer on 3rd July 2023 to a question asked by Deputy G.P.
* Southern of St. Helier Central regarding the Government's continuing commitment to putting children first'.
WQ* .295/2023 asked by Deputy R.J. Ward of St. Helier Central regarding staffing at the Department of
21. The Minister for Children and Education tabled an answer on 3rd July 2023 to a question Children, Young People, Education and Skills.
WQ.296/2023 22. The Minister for the Environment tabled an answer on 3rd July 2023 to a question asked by
* Deputy R.J. Ward of St. Helier Central regarding the e-bike subsidy.
WQ* .297/2023 Deputy R.J. Ward of St. Helier Central regarding the Carbon Neutral Fund.
23. The Minister for the Environment tabled an answer on 3rd July 2023 to a question asked by
WQ.298/2023 24. The Minister for Treasury and Resources tabled an answer on 3rd July 2023 to a question
* asked by Deputy L.J. Farnham of St. Ouen , St. Mary and St. Peter regarding the cost of the proposed New Healthcare Facilities.
WQ.299/2023 25. The Chair of the States Employment Board tabled an answer on 3rd July 2023 to a question
* asked by Deputy M.R. Scott of St. Brelade regarding the recruitment model applied for both the interim and permanent Chief Executive.
WQ.300/2023 26. The Chief Minister tabled an answer on 3rd July 2023 to a question asked by Deputy M.R.
* Scott of St. Brelade regarding training of 8D problem-solving and closed loop processes. WQ.301/2023 27. The Minister for the Environment tabled an answer on 3rd July 2023 to a question asked by
* Deputy M.R. Scott of St. Brelade regarding the Planning Committee.
WQ* .302/2023 28. ThFelthe Chiamef of SMint. Helier Centrister tabled an al regardanswer inong High3rd JulValue Resideny 2023 to a ts' resiquestiodenn asked cy. by Deputy L.V. WQ.303/2023 29. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer on
* 3rd July 2023 to a question asked by Deputy R.S. Kovacs of St. Saviour regarding the Cost of Living Strategy Group and the Inflation Strategy Group.
- – Oral Questions (2 hours 20 minutes)
OQ.133/2023 1. Deputy L.V. Feltham of St. Helier Central will ask the following question of the Chair of the
States Employment Board –
"Will the Chair explain in what circumstances, if any, retention payments have been made to public-sector workers since she took office?"
OQ.128/2023 2. Deputy A. Howell of St. John , St. Lawrence and Trinity will ask the following question of
the Minister for Health and Social Services –
"Further to the Assembly's vote on Health and Community Services Interim Board (P.19/2023) and the establishment of an interim non-statutory advisory board, will the Minister commit to ensuring that no legislation is developed to place the board on a statutory basis until the 18-month life of the advisory board has passed and there is an opportunity to review its operations?"
OQ.129/2023 3. Deputy M.R. Scott of St. Brelade will ask the following question of the Chief Minister –
"Will the Chief Minister identify for Members what she assesses to be the best example of cost-saving achieved by the Government in the last 12 months?"
OQ.137/2023 4. Deputy G.P. Southern of St. Helier Central will ask the following question of the Chief
Minister –
"Will the Chief Minister explain what evidence is available to measure how the relative poverty of children in households with an income below 60% of median earnings has changed over the past decade, and what action, if any, she will take to ensure that the level of this poverty reduces over the next 3 years?"
OQ.141/2023 5. Deputy S.Y. Mézec of St. Helier South will ask the following question of the Minister for
Children and Education –
"Will the Minister provide her assessment of the impact the States Employment Board's pay policy for teachers is having on her own ambitions for the recruitment and retention of teachers?"
OQ.135/2023 6. Deputy T.A. Coles of St. Helier South will ask the following question of the Minister for
External Relations –
"Further to comments by the Chief Officer for External Relations during a Public Accounts Committee public hearing that several agreements had recently been signed with France, will the Minister provide details of these agreements and their benefits to Islanders?"
OQ.126/2023 7. Deputy M.B. Andrews of St. Helier North will ask the following question of the Chief
Minister –
"Will the Chief Minister advise whether any consideration has been given by the Government to requiring non-public sector entities to publish information on gender pay and, if so, to who would be responsible for providing oversight of this publication; and if no consideration has been given, why not?"
OQ.131/2023 8. Deputy R.J. Ward of St. Helier Central will ask the following question of the Minister for
Children and Education –
"Further to the reporting of comments that Jersey is "facing an unprecedented crisis in recruitment and retention within education", will the Minister explain whether or not it is her assessment that the Island indeed currently faces such a crisis?"
OQ.139/2023 9. Deputy C.S. Alves of St. Helier Central will ask the following question of the Minister for
Health and Social Services –
"Will the Minister advise what the current waiting time is for MRI scans and explain how patients are prioritised on this waiting list?"
OQ.143/2023 10. Deputy B.B.de S.V.M. Porée of St. Helier South will ask the following question of the
* Minister for the Environment –
"In light of the Government e-bike grant and low-carbon heating incentive schemes, intended to support Islanders to move to more environmentally friendly behaviours, will the Minister advise whether he considers similar schemes are required to encourage the move from cars to public transport as the preferred mode of transportation in Jersey; and if so, what does he propose?"
OQ.136/2023 11. Deputy T.A. Coles of St. Helier South will ask the following question of the Minister for
Treasury and Resources –
"Will the Minister advise what action, if any, is being taken to stop UK firms charging the equivalent of VAT in addition to the 5% GST on goods?"
OQ.142/2023 12. Deputy S.Y. Mézec of St. Helier South will ask the following question of the Minister for
Health and Social Services –
"Will the Minister provide an update on the audit of Rheumatology services, including the number of patients discovered to have been prescribed incorrect doses of their medication, and will she further explain whether she is aware of any other healthcare services that have suffered from similar deficiencies?"
OQ.130/2023 13. Deputy M.R. Scott of St. Brelade will ask the following question of the Chief Minister –
"Will the Chief Minister advise whether any one area in Government has increased productivity without introducing additional staff and, if so, will she explain how this has been achieved and measured?"
OQ.138/2023 14. Deputy G.P. Southern of St. Helier Central will ask the following question of the Minister
for Treasury and Resources –
"Will the Minister advise what information, if any, is available to the Government regarding the impact the increases in the UK Bank Rate are having on Jersey households with mortgages, with particular regard to the level of hardship?"
OQ.132/2023 15. Deputy R.J. Ward of St. Helier Central will ask the following question of the Chair of the
States Employment Board –
"Will the Chair explain whether it is her assessment that "the recruitment and retention crisis' was being fuelled by below-inflation pay deals mixed with an unsustainable increasing workload'", as recently reported?"
OQ.134/2023 16. Deputy L.V. Feltham of St. Helier Central will ask the following question of the Chair of the
States Employment Board –
"Given the anticipated strike action by teachers on Wednesday 5th July 2023, will the Chair advise what actions, if any, have been taken in recent months to address the concerns of teachers over pay?"
OQ.140/2023 17. Deputy C.S. Alves of St. Helier Central will ask the following question of the Minister for
* Infrastructure –
"Will the Minister advise how many Active Card members have cancelled or not renewed their membership since the beginning of this year, giving a month-by-month breakdown?"
- – Questions to Ministers without notice (45 minutes)
1st question period – Minister for Economic Development, Tourism, Sport and Culture 2nd question period – Minister for Social Security
3rd question period – Chief Minister
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
The Minister for Infrastructure will make a statement regarding the Strategic Outline Case and Feasibility Study of the New Healthcare Facilities.
- PUBLIC BUSINESS
Draft Taxation (Exchange of Information – Amendment) (Jersey) P.28/2023. Regulations 202-.
Lodged: 5th May 2023, Minister for External Relations.
Draft Taxation (Exchange of Information – Amendment) (Jersey) Regulations P.28/2023. 202-: comments. Com. Presented: 28th June 2023, Economic and International Affairs Scrutiny Panel.
Draft Income Tax (High Value Residents – Amendment) (Jersey) Law 202-. P.29/2023. Lodged: 16th May 2023, Minister for Treasury and Resources.
Draft Act declaring that the Income Tax (High Value Residents – Amendment) P.29/2023. (Jersey) Law 202- has immediate effect. Add. Presented: 23rd May 2023, Minister for Treasury and Resources.
Draft Income Tax (High Value Residents – Amendment) (Jersey) Law 202- P.29/2023. (P.29/2023) – comments. Com. Presented: 21st June 2023, Corporate Services Scrutiny Panel.
Removal of compulsory independent taxation for existing married couples P.32/2023. and civil partnerships.
Lodged: 23rd May 2023, Deputy L.J. Farnham of St. Mary, St. Ouen and
* Removal of compulsory independent taxation for existing married couples and P.32/2023. civil partnerships (P.32/2023): comments. Com. Presented: 30th June 2023, Minister for Treasury and Resources.
Removal of compulsory independent taxation for existing married Couples P.32/2023. and Civil Partnerships (P.32/2023): amendment. Amd. Lodged: 26th June 2023, Deputy L.J. Farnham of St Mary, St. Ouen and St. Peter .
Removal of compulsory independent taxation for existing married Couples P.32/2023. and Civil Partnerships (P.32/2023): second amendment. Amd.(2). Lodged: 27th June 2023, Deputy C.S. Alves of St. Helier Central .
Taxation of High Value Residents. P.44/2023. Lodged: 13th June 2023, Deputy L.V. Feltham of St. Helier Central .
- ARRANGEMENT OF PUBLIC BUSINESS
18th July 2023
La Collette Waste Management Site – Development Plan (P.17/2023): P.17/2023. amendment. Amd. Lodged: 27th June 2023, Connétable of St. Helier .
Draft EU Legislation (Information Accompanying Transfers of Funds) P.36/2023. (Amendment) (Jersey) Regulations 202-.
Lodged: 26th May 2023, Chief Minister.
New Stamp Duty Rates. P.39/2023. Lodged: 5th June 2023, Deputy M.B. Andrews of St. Helier North .
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) P.40/2023. Regulations 202-
Lodged: 5th June 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 Proceeds of Crime (Financial Intelligence – Commencement of P.42/2023. Amendment Regulations) (Jersey) Act 202-.
Lodged: 12th June 2023, Chief Minister.
States of Jersey Development Company Limited: re-appointment of a Non- P.43/2023. Executive Director.
Lodged: 12th June 2023, Minister for Treasury and Resources.
Entitlement to work – reduction in residency requirement. P.49/2023. Lodged: 27th June 2023, Deputy R.S. Kovacs of St. Saviour .
Supplementary Planning Guidance – Parking Strategy. P.50/2023. Lodged: 27th June 2023, Connétable of St. Helier .
12th September 2023
L.-M. HART Greffier of the States
3rd July 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 5th, Thursday 6th and Friday 7th July 2023.
Explanatory Note regarding subordinate legislation tabled at this meeting.
(See Item B)
R&O.46/2023.
Sea Fisheries (Bag Limits) (Amendment No. 2) (Jersey) Order 2023. Minister for the Environment.
This Order amends the Sea Fisheries (Bag Limits) (Jersey) Order 2020 to amend the entry relating to the maximum quantity of sea bass (Dicentrarchus labrax) that may be taken or retained by a vessel. The new limit, for any time outside of the period from 1st February to 31st March, is 10 per vessel.
The Order comes into force 7 days after it is made.
The Order was made on 22nd June 2023 and came into force on 29th June 2023.
R&O.47/2023.
Education (Grants and Allowances) (Amendment No. 4) (Jersey) Order 2023. Minister for Children and Education.
This Order amends the Education (Grants and Allowances) (Jersey) Order 2018 (the "Grants Order") in relation to eligibility for consideration for grants on certain courses, to introduce a sliding scale for the amount of maintenance grant that may be awarded and to set increases in the amounts of certain grants.
The principal effects of the amendments are –
• to enable a student who is not currently eligible to be considered eligible for a grant in respect of the 2023 academic year (and subsequent academic years of the course) if they are currently enrolled on, or, from 1st September 2023, have been offered a place on, a nursing, midwifery or social work course delivered on-Island (Article 4 and new Article 8A of the Grants Order);
• for the purpose of awarding the appropriate amount of maintenance grant, to assign students to a category, i.e. category A, B or C, according to whether they are dependent or independent students and studying on or off-Island (Article 8 and amended Article 12 of the Grants Order);
• to specify maximum and minimum amounts of maintenance grant awardable by reference to a specified maximum (£89,999.99) and minimum (less than £50,000) amount of student relevant income, and by reference to the student's category (Article 10 and new Articles 13B and 13C of the Grants Order);
• to set new levels of maintenance grant according to the student's category (Article 10 and new Articles 13B and 13C of the Grants Order);
• to provide for the calculation of maintenance grant of an amount awardable on a sliding scale to students whose relevant income falls between the specified maximum (£89,999.99) and minimum (£50,000) amount of relevant income (Article 10 and new Article 13C of the Grants Order);
• to increase by 10% the amount of maintenance grant awardable to students studying a course at an institution in London (Article 10 and new Article 13D of the Grants Order);
• that the exiting additional maintenance grant awarded to students studying medicine, dentistry, nursing or veterinary science is now referred to as the "clinical component grant". The amount of the grant awarded in respect of the 2022 academic year is increased under this Order in line with inflation and awarded according to the student's category (Article 12 and substituted Article 15 of the Grants Order); and
• to apply a percentage reduction in the amount of maintenance grant awardable in respect of part- time courses (Article 18 and new Article 20A of the Grants Order).
The other provisions of this Order make various consequential amendments resulting from the amendments explained above, and some housekeeping amendments to improve the overall clarity of the grant eligibility, and grant amount provisions respectively contained in Parts 2 and 3 of the Grants Order.
Article 20 provides for the title by which this Order may be cited and for it to come into force 7 days after it is made.
The Order was made on 23rd June 2023 and came into force on 30th June 2023.
R&O.48/2023.
Sea Fisheries (Spider Crabs –Restrictions on Fishing) (Amendment No. 4) (Jersey) Order 2023. Minister for the Environment.
This Order amends the Sea Fisheries (Spider Crabs – Restrictions on Fishing) (Jersey) Order 2019 to provide that the specified period in 2023 runs from the beginning of 1st September to the end of 15th October. During this period fishing for protected spider crabs is restricted. The specified period for 2022 was the same.
The Order comes into force 7 days after it is made.
The Order was made on 26th June 2023 and came into force on 3rd July 2023.
R&O.49/2023.
Road Traffic (Parking and Prohibition on Waiting – Amendments) (Jersey) Order 2023. Minister for Infrastructure.
This Order amends 2 Road Traffic Orders to create, at the foot of La Route de Plémont, new no-waiting areas, one new parking place for motor cycles and mopeds and one new parking place reserved for disabled users.
Article 1 amends the Road Traffic ( St. Ouen ) (Jersey) Order 1979 to create a new parking place for motor cycles and mopeds, create 5 separate no-waiting areas and correct the spelling of an existing entry.
Article 2 amends the Road Traffic (Disabled Persons) (Parking) (Jersey) Order 2002 to create a new disabled parking place.
Article 3 specifies the title of the Order and provides that the Order comes into force 7 days after it is made. The Order was made on 26th June 2023 and came into force on 3rd July 2023.
R&O.50/2023.
Control of Housing and Work (Exemptions) (Amendment No. 7) (Jersey) Order 2023. Chief Minister.
This Order amends the Control of Housing and Work (Exemptions) (Jersey) Order 2013 (the "2013 Order"). Article 4(1) of the 2013 Order lists the categories of people who can be disregarded for the purposes of calculating compliance with a business licence's maximum number condition (imposed under Article 27(1) of the Control of Housing and Work (Jersey) Law 2012). This Order removes two categories from that list and creates a new category.
Articles 2(1) and (2) remove the exemptions in Article 4(1)(f) and (fa) which apply to categories of people whose parents have Entitled, Entitled to Work Only or Licensed Status.
Article 2(3) inserts a new sub-paragraph 4(1)(fb). People who have a parent who has been granted Entitled, Entitled for Work Only or Licensed status can be disregarded by a business provided they meet 4 criteria upon first arriving in Jersey. Those criteria are –
• that they are under 25 years old,
• that they are in continuous full-time education,
• that they are ordinarily resident with and financially dependent on their parent, and
• that they have a parent who has Entitled, Entitled for Work Only or Licensed status.
The exemption can be enjoyed only for as long as the person has been ordinarily resident in Jersey for less than 5 years.
Article 5 of the Legislation (Jersey) Law 2021 operates to preserve the position of employers who might wish to continue to rely on the exemptions in Article 4(1)(f) and Article 4(1)(fa) in respect of people fulfilling those criteria prior to this Order coming into force.
Article 3 provides for the title by which this Order may be cited and for it to come into force 7 days after it is made.
The Order was made on 28th June 2023 and comes into force on 5th July 2023.
R&O.51/2023.
Road Traffic (Public Parking Places) (Amendment No. 19) (Jersey) Order 2023. Minister for Infrastructure.
This Order amends the Road Traffic (Public Parking Places) (Jersey) Order 2006. It reduces the maximum parking period for the Val Plaisant gyratory car park (STH32) from 7 days to 2 hours on any visit between 6 a.m. and 10 p.m. on any day, and requires the display of a parking disc plus a valid permit, and prohibits return within one hour of leaving.
This Order comes into force 7 days after it is made.
The Order was made on 28th June 2023 and comes into force on 5th July 2023.
R&O.52/2023.
Proceeds of Crime (Supervisory Bodies) (Transitional Provisions – Amendment) (Jersey) Order 2023.
Signed by Assistant Chief Minister Deputy M.E. Millar of St. John , St. Lawrence and Trinity , for and on behalf of the Chief Minister.
The Proceeds of Crime (Supervisory Bodies) (Transitional Provisions – Amendment) (Jersey) Order 2023 amends the Proceeds of Crime (Supervisory Bodies) (Transitional Provisions) (Jersey) Order 2023 (the "Transitional Provisions Order") to extend the transitional period in respect of certain persons carrying on financial services business brought within Schedule 2 to the Proceeds of Crime (Jersey) Law 1999 by the Proceeds of Crime (Amendment No. 6) (Jersey) Law 2022 ("the Amendment Law").
Article 1 defines "Transitional Provisions Order".
Article 2 inserts new Article 5A into the Transitional Provisions Order which modifies Article 5. Article 5 provides that until 1st July 2023, a person, other than a registered person or regulated person, who immediately before the commencement of the Proceeds of Crime (Consequential and Miscellaneous) (Jersey) Regulations 2023 was carrying on a business that became a Schedule 2 financial services business (that is a financial services business described in Schedule 2 to the Proceeds of Crime (Jersey) Law 1999) on the commencement of the Amendment Law, may continue to carry on that Schedule 2 business and is treated as being registered under Part 3 of the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 in respect of that business, provided an application for registration is made to the relevant supervisory body before 1st July 2023.
Article 5A extends the transitional period from 1st July 2023 to 1st October 2023 for qualifying persons. A "qualifying person" is defined as any of the following: a director of a company where that role became a Schedule 2 business on commencement of the Amendment Law; a trustee carrying on lending activity in relation to one or more trusts that became a Schedule 2 business on commencement of the Amendment Law; a person carrying on family office business that became a Schedule 2 business on commencement of the Amendment Law; and a person providing a gambling service consisting only of the game known as Crown and Anchor that became a Schedule 2 business on commencement of the Amendment Law. In determining whether a person is carrying on family office business for the purposes of this Article, regard must be had to any relevant guidance issued by the Jersey Financial Services Commission.
Article 3 gives the citation, and provides that the Order will come into force on 30th June 2023. The Order was made on 29th June 2023 and came into force on 30th June 2023.
R&O.53/2023.
Sanctions and Asset-Freezing (Amendment – Automatic Implementation of Ports Directions) (Jersey) Order 2023.
Signed by Assistant Minister Deputy I.J. Gorst of St. Mary , St. Ouen and St. Peter , for and on behalf of the Minister for External Relations.
This Order amends the Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 (the "Sanctions Order") in relation to UK sanctions on Russia.
Paragraph 4(1)(a) of Schedule 3 to the Sanctions Order provides that, if the UK Secretary of State makes a direction under the UK's Russia (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/855, as amended, the "UK Russia Regulations") prohibiting cruise ships from entering a Crimean port, then that direction has automatic effect in Jersey.
This Order amends paragraph 4(1)(a) so that it also provides for directions made under the UK Russia Regulations in relation to ports in Donetsk, and Kherson and Zaporizhzhia, to have automatic effect in Jersey. This amendment reflects the extended scope of the power to make ports directions under the UK Russia Regulations.
The Order comes into force on the day after the day on which it is made.
The Order was made on 30th June 2023 and came into force on 1st July 2023.
WRITTEN QUESTIONS (See Item I(a))
- The Chief Minister tabled an answer on 19th June 2023 to the following question asked by Deputy M.B. Andrews of St. Helier North :
"Further to the response to Written Question 159/2022, will the Chair advise how many States of Jersey employees left the organisation in each of –
- 2022 Quarter 3;
- 2022 Quarter 4; and
- 2023 Quarter 1?"
- The Chair of the States Employment Board tabled an answer on19th June 2023 to the following question asked by Deputy M.R. Scott of St. Brelade :
"Further to the response given to Written Question 157/2023, will the Chair –
- explain the basis for the exclusion of certain employee groups from the data provided;
- provide the statistics relating to these excluded groups;
- explain why only 7.1% of staff in Health and Community Services (HCS) had performance appraisals during 2022;
- explain how the percentage of HCS staff who had performance appraisals in 2022 breaks down by grade, both within and outside the Hospital;
- advise whether the Board has instigated, or intends to instigate, any plans to improve the percentage of staff having performance appraisals; and
- state what percentage of staff in Health and Community Services have had performance appraisals to date this year?"
- The Minister for Home Affairs tabled an answer on 19th June 2023 to the following question asked by Deputy M.R. Le Hegarat of St. Helier North :
"Will the Minister state –
- the number of Road Traffic Collisions involving pedestrians and bicycles that were recorded in the last 5 years, and of these, how many resulted in prosecution;
- how many States of Jersey Police Officers are –
- qualified as Senior Investigating Officers in relation to Serious Road Traffic Collisions, and how often they receive refresher training;
- trained as Scene Managers for Serious Road Traffic Collisions, and how often they receive refresher training;
- trained as Road Traffic Collision Investigators, and how often they receive refresher training; and
- the criteria used for the deployment of these qualified staff?"
- The Chief Minister tabled an answer on 19th June 2023 to the following question asked by Deputy L.V. Feltham of St. Helier Central :
"Will the Minister provide the following information for individuals that are resident in the Island under Regulation 2(1)(e), former Regulation 1(1)(K), or any other current or previous iteration of the High Value Residency (HVR) scheme –
- how many residents have HVR status, and how many family members of these residents also have Entitled status;
- how many individuals have approved HVR status but have yet to take up residence in the Island;
- a summary of each type of HVR arrangement, and how many people are on each type of arrangement;
- a breakdown of any legal agreements in place with HVR individuals;
- a summary table of the size and type of residential property and land currently occupied by HVRs;
- how many properties are owned by HVRs under the terms of the current policy for renting out to other people;
- confirmation of which department is responsible for ensuring HVR residents meet their obligations under the above policy;
- how adherence to the Control of Housing and Work (Jersey) Law 2012 is monitored; and
- whether any resident with HVR status has failed to meet their obligations under the policy, and if so, what action has been taken?"
- The Minister for Health and Social Services tabled an answer on 19th June 2023 to the following question asked by Deputy C.A. Alves of St. Helier Central :
"Will the Minister advise when the Substance Use Strategy Report will be published?"
- The Minister for Treasury and Resources tabled an answer on 19th June 2023 to the following question asked by Deputy S.Y. Mézec of St. Helier South :
"Given that, in the Andium Homes tenant newsletter of July 2022, there was an advertisement for a new Tenant Non-Executive Director to join the Board of Andium Homes, will the Minister advise –
- how many applications were received;
- how many candidates were short-listed for interviews;
- how many interviews were held; and
- who was the successful candidate?"
- The Minister for Home Affairs tabled an answer on 26th June 2023 to the following question asked by Deputy M.B. Andrews of St. Helier North :
"Will the Minister advise whether she intends or is currently considering bringing forward legislation to protect the identity of individuals who face being prosecuted for rape until they are proven guilty?"
- The Minister for Social Security tabled an answer on 26th June 2023 to the following question asked by Deputy M.B. Andrews of St. Helier North :
"Will the Minister provide a breakdown of the Health Insurance Fund expenditure for 2022?"
- The Chair of the States Employment Board tabled an answer on 26th June 2023 to the following question asked by Deputy M.B. Andrews of St. Helier North :
"Will the Minister confirm the number of managers employed in the Health and Community Services department and advise what this equates to as a percentage of the total staff headcount of that department?"
- The Chair of the States Employment Board tabled an answer on 26th June 2023 to the following question asked by Deputy M.R. Scott of St. Brelade :
"Given that the response Written Question 229/2023 states that the Government does not hold a centralised record of working practices and therefore is unable to offer information on working from home arrangements; will the Chair advise –
- when Government expects to have a centralised record of working arrangements that would enable the provision of such information;
- if this information can be obtained in another way;
- what methods the States Employment Board uses to monitor employees who work from home;
- what measures are currently in place to ensure –
- compliance with health and safety regulation and best practice, including, but not limited to compliance with Article 3 of the Health and Safety at Work (Jersey) Law 1989, and the Approved Code of Practice ACoP4; and
- staff welfare?"
- The Minister for Children and Education tabled an answer on 26th June 2023 to the following question asked by Deputy R.J. Ward of St. Helier Central :
"Given that during oral questions on 13th June 2023 it was stated that a newly qualified teachers' salary is £39,000 a year and they would earn more if they were more experienced, will the Minister advise –
- how many term time hours a newly qualified teacher is expected to work;
- how many term time hours are expected of more experienced teachers;
- how many hours in holidays' are or should be worked; and
- what work is undertaken to monitor the number of hours worked and reduce excessive working hours?"
- The Minister for Housing and Communities tabled an answer on 26th June 2023 to the following question asked by Deputy R.J. Ward of St. Helier Central :
"What work is the Minister undertaking in relation to the research and development of future Housing policy, particularly with regard to living costs for tenants in private housing and the subsequent levels of available income left after rents are considered?"
- The Minister for Infrastructure tabled an answer on 26th June 2023 to the following question asked by Deputy R.J. Ward of St. Helier Central :
"Will the Minister advise –
- the total payment from Government to LibertyBus so far this year and the projected cost for the whole year;
- how much income is received annually by LibertyBus from fares, in addition to payments from Government; and
- whether the town hopper' bus is paid for entirely by Government grant; as a combination of grant and fare income; or is funded entirely from fare income?"
- The Minister for Health and Social Services tabled an answer on 26th June 2023 to the following question asked by Deputy R.S. Kovacs of St. Saviour :
"Will the Minister provide the following for each of the last 5 years, including to date in 2023 –
- the number of patients waiting for knee and hip operations;
- the length of time patients have been waiting for such operations;
- the number of hip and knee operations carried out;
- the number of Jersey patients who have had hip or knee operations privately in –
- Jersey
- UK or elsewhere
and state, if known, how many of those were previously on the Health Service waiting list; and
- how much each of these procedures costs the Health Service?"
- The Chief Minister tabled an answer on 26th June 2023 to the following question asked by Deputy R.S. Kovacs of St. Saviour :
"Will the Minister state –
- how many new businesses have been launched each year since 2019;
- of those, how many were small businesses and in which industry do they operate;
- for each of the businesses identified in (b) (anonymised if necessary) would the Minister provide details as to –
- how many employment licences for under 5-year residency were received upon commencement of trading and how many are held currently;
- what proportion of total current staff is made up of employment licences for under 5- year residency;
- how many applications for employment licences for under 5-year residency have been refused and, in each case, what was the reason; and
- what are the criteria pursuant to which licences for employment are awarded to businesses?"
- The Minister for Economic Development, Tourism, Sport and Culture tabled an answer on 3rd July 2023 to the following question asked by Deputy M.B. Andrews of St. Helier North :
"Will the Minister advise whether consideration has been given, or will be given, to the Government holding current and capital account information; and, if not, why not?"
- The Minister for the Environment tabled an answer on 3rd July 2023 to the following question asked by Deputy M.B. Andrews of St. Helier North :
"Will the Minister advise whether he has considered, or is considering, establishing a Planning Appeals Board; and if not, why not?"
- The Minister for Health and Social Services tabled an answer on 3rd July 2023 to the following question asked by Deputy M.B. Andrews of St. Helier North :
"Will the Minister outline what plans, if any, have been made to accommodate private healthcare within the new healthcare facilities project to generate additional income?"
- The Minister for the Environment tabled an answer on 3rd July 2023 to the following question asked by Deputy S.G. Luce of Grouville and St. Martin :
"Will the Minister inform the Assembly of the average monthly sea temperatures in local waters over the last 10 years and the average quarterly sea temperatures over the last 20 years?"
- The Chief Minister tabled an answer on 3rd July 2023 to the following question asked by Deputy G.P. Southern of St. Helier Central :
"In light of the Government's continuing commitment to putting children first', will the Chief Minister –
- state what data is collected to determine and measure childhood social conditions in Jersey, and whether this includes the average height of children, as is reported to be the case in the UK, and provide her assessment from the data of how such conditions have changed over the last decade, highlighting in particular whether it is her assessment that the conditions have deteriorated;
- with reference to the UNICEF report entitled Worlds of Influence', state how many, and what proportion of, children in Jersey live in households with less than 60% of median income and how the Island compares with other jurisdictions in this area;
- state what data, if any, is available to measure child poverty in the Island and how the level of such poverty changed over the last decade;
- explain what measures are in place to reduce the level of child poverty; and
- explain what data is available in respect of public spending on child education and care for children and state what the current level of expenditure per child is?"
- The Minister for Children and Education tabled an answer on 3rd July 2023 to the following question asked by Deputy R.J. Ward of St. Helier Central :
"Will the Minister state how many staff are currently employed by the Department of Children, Young People, Education and Skills –
- as Advisors to Education in any role;
- as staff on the leadership scale (or current definition of this scale);
- on or above main teaching scale 9; and
- on or below main teaching scale 8?"
- The Minister for the Environment tabled an answer on 3rd July 2023 to the following question asked by Deputy R.J. Ward of St. Helier Central :
"Will the Minister state –
- the current amount of expenditure to date on the e-bike subsidy (i.e. vouchers used in Jersey);
- what percentage does this represent of the funding allocated to the project; and
- what happens to any unspent funding?"
- The Minister for the Environment tabled an answer on 3rd July 2023 to the following question asked by Deputy R.J. Ward of St. Helier Central :
"Will the Minister state the current balance of the Carbon Neutral Fund and the total amount spent from the Fund since its establishment?"
- The Minister for Treasury and Resources tabled an answer on 3rd July 2023 to the following question asked by Deputy L.J. Farnham of St. Ouen , St. Mary and St. Peter :
"Will the Minister advise members of the total estimated cost of the proposed New Healthcare Facilities up to the planned completion date of 2031?"
- The Chair of the States Employment Board tabled an answer on 3rd July 2023 to the following question asked by Deputy M.R. Scott of St. Brelade :
"Will the Chair provide full details of the recruitment model applied for both the interim and permanent Chief Executive, including –
- the level of commercial experience and knowledge sought;
- the experience of drafting problem statements, of closed loop processes, and of 8D problem- solving methodology sought, if any;
- the key performance indicators; and
- the standard terms of employment contract?"
- The Chief Minister tabled an answer on 3rd July 2023 to the following question asked by Deputy M.R. Scott of St. Brelade :
"Will the Chief Minister provide details of any training given to States Members and staff within the Cabinet Office and the Strategic Policy, Planning and Performance Department on the following areas –
- 8D problem-solving and the drafting of problem statements; and
- closed loop processes;
and will she explain the extent, if any, to which these processes are used in the production of Government policy?"
- The Minister for the Environment tabled an answer on 3rd July 2023 to the following question asked by Deputy M.R. Scott of St. Brelade :
"Will the Minister state –
- the number of hours during the last 12 months that the Planning Committee was in session for –
- meetings not held in public; and
- hearings of planning applications;
- the number and cost of appeals from Planning Committee decisions during the last 12 months;
- the amount and cost of Independent Planning Inspectors' time to consider and hear appeals against Planning Committee decisions for each 12-month period from 30th June 2020 to date;
- the average cost, per hour, of Independent Planning Inspectors' time to consider and hear appeals against Planning Committee decisions over the last 12 months;
- the number of Members of the Planning Committee who attended each individual hearing for planning applications over the last 3 years; and
- the number of occasions over the last 12 months that each Planning Committee member has recused themselves from hearing a planning application owing to a conflict of interest, if any, together with the nature of the interests declared?"
- The Chief Minister tabled an answer on 3rd July 2023 to the following question asked by Deputy L.V. Feltham of St. Helier Central :
"In relation to the rules around ordinary residence' and temporary absence from the Island', will the Chief Minister explain –
- how the rules apply to High Value Residents who take up residence in the Island having been granted Entitled status under Regulation 2(1)(e) of the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013; and
- whether these rules are applied differently to High Value Residents compared with other residents and, if so, how and why?"
- The Minister for Economic Development, Tourism, Sport and Culture tabled an answer on 3rd July 2023 to the following question asked by Deputy R.S. Kovacs of St. Saviour :
"Further to his comments in the Jersey Evening Post dated 27th April 2023 regarding the Cost of Living Strategy Group and the Inflation Strategy Group, will the Minister advise –
- the number of times, and on what dates, each group has met this year;
- the members of each group and their attendance record;
- whether minutes are kept and, if so, where they are published, if at all; and
- if minutes are not kept or not published, why not?"
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) |
Draft Taxation (Exchange of Information – Amendment) (Jersey) Regulations 202-. (P.28/2023). | Chair of the Economic and International Affairs Scrutiny Panel |
Draft Income Tax (High Value Residents – Amendment) (Jersey) Law 202-. (P.29/2023). | Chair of the Corporate Services Scrutiny Panel |
Amendment to Standing Orders – various amendments. (P.30/2023). |
|
Minister for Treasury and Resources | |
Removal of compulsory independent taxation for existing married Couples and Civil Partnerships (P.32/2023): amendment. (P.32/2023 Amd.) | Minister for Treasury and Resources |
Deputy L.J. Farnham of St. Ouen , St. Mary and St. Peter | |
Jersey Police Complaints Authority – Appointment of Member. (P.37/2023). | Chair of the Children, Education and Home Affairs Scrutiny Panel |
Taxation of High Value Residents. (P.44/2023). | Minister for Treasury and Resources |
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2023
1st Session 2023
18th July Treasury and Resources International Chief Minister
Development
2nd Session 2023
12th September Children and Education Environment Chief Minister 3rd October External Relations Health and Social Chief Minister
Services
17th October Home Affairs Housing and Chief Minister
Communities
7th November Infrastructure International Chief Minister
Development
28th November Social Security Treasury and Resources Chief Minister 12th December Children and Education Economic Development, Chief Minister
Tourism, Sport and
Culture