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Order Paper -13th June 2023

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STATES OF JERSEY ORDER PAPER

13th JUNE 2023

SUMMARY

9.30 a.m.  Communications by the Presiding Officer and other announcements Appointments, matters of privilege, petitions (if any)

Approx. 9.40 a.m.  Oral questions with notice

Up to 2 hours 20

minutes

Urgent questions (if any)

Up to 45 minutes,  Oral questions without notice:

divided between the  Minister for Housing and Communities three Ministers  Minister for External Relations

 Chief Minister

Statements (if any)

Approx. 2.15 p.m.  Health and Community Services Interim Board. (P.19/2023).

Health  and  Community  Services  Interim  Board  (P.19/2023): amendment. (P.19/2023 Amd.).

Health and Community Services Interim Board (P.19/2023): second amendment. (P.19/2023 Amd.(2)).

Draft Stamp Duties and Fees (Amendment of Law – No. 6) (Jersey) Regulations 202-. (P.22/2023).

Draft Domestic Abuse (Jersey) Law 2022 (Appointed Day) Act 202-. (P.23/2023).

Draft Social Security (Amendment of Law No.18) (Jersey) Regulations 202-. (P.24/2023).

Draft Limited Partnerships (Continuance) (Jersey) Regulations 202-. (P.25/2023).

Jersey Overseas Aid: Re-appointment of Commissioner. (P.26/2023). Draft F.B. Playing Fields (Jersey) Law 202-. (P.27/2023). Breakdown of Gender Pay. (P.31/2023).

Breakdown of Gender Pay (P.31/2023): amendment. (P.31/2023 Amd.).

Provision of a free hopper bus service for Active card holders to Springfield stadium. (P.33/2023).

Provision of carpets in Andium Homes properties. (P.34/2023). Provision of carpets in Andium Homes properties (P.34/2023): amendment. (P.34/2023 Amd.).

Provision of carpets in Andium Homes properties (P.34/2023): second amendment. (P.34/2023 Amd.(2)).

The Grindadrap Festival in the Faroe Islands – condemnation of the hunting of sea mammals. (P.35/2023 (re-issue)).

The Grindadrap Festival in the Faroe Islands – condemnation of the hunting of sea mammals (P.35/2023 (re-issue)) amendment. (P.35/2023 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 14th, Thursday 15th and Friday 16th June 2023 if necessary.

STATES OF JERSEY ORDER PAPER

13th JUNE 2023

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

(Explanatory note attached)

Planning and Building (Caravans) (Jersey) Order 2023.  R&O.37/2023. Minister for the Environment.

Planning and Building (Application Publication) (Jersey) Order 2023.  R&O.38/2023. Minister for the Environment.

Planning and Building (Moveable Structures – Amendment No.2) (Jersey) R&O.39/2023. Order 2023.

Minister for the Environment.

Planning and Building (Display of Advertisements   Amendment No. 2) R&O.40/2023. (Jersey) Order 2023.

Minister for the Environment.

  1. DOCUMENTS PRESENTED

Draft Social Security (Amendment of Law No.18) (Jersey) Regulations 202- P.24/2023. (P.24/2023): comments.  Com. Presented: 25th May 2023, Health and Social Security Scrutiny Panel..

Provision of a free hopper bus service for Active card holders to Springfield P.33/2023. stadium (P.33/2023): comments.  Com. Presented: 8th June 2023, Minister for Infrastructure.

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.

First-Time Buyer Guidance.  R.91/2023. Presented: 26th May 2023, Minister for Housing and Communities.

States of Jersey Law 2005: delegation of functions – Minister for Treasury and R.92/2023. Resources – delegated authority.

Presented: 26th May 2023, Minister for Treasury and Resources.

Commissioner for Standards – revised statement.  R.93/2023. Presented: 2nd June 2023, Privileges and Procedures Committee.

States of Jersey Complaints board: Findings   Complaint by Ms. Mayer R.94/2023. against the Minister for Treasury and Resources regarding the administration

of the Co-Funded Payroll Scheme.

Presented: 7th June 2023, Privileges and Procedures Committee.

Government of Jersey Long Term Care Fund Actuarial review as at 31st R.95/2023. December 2021.

Presented: 7th June 2023, Minister for Social Security.

Report by the Government Actuary on the Jersey Social Security Fund as at R.96/2023. 31st December 2021.

Presented: 7th June 2023, Minister for Social Security.

Report by the Government Actuary on the Health Insurance Fund as at 31st R.97/2023. December 2021.

Presented: 7th June 2023, Minister for Social Security.

Jersey Care Commission Annual Report 2022.  R.98/2023. Presented: 7th June 2023, Minister for the Environment.

  1. NOTIFICATION OF LODGED PROPOSITIONS

Health  and  Community  Services  Interim  Board  (P.19/2023):  second P.19/2023. amendment.  Amd.(2). Lodged: 30th May 2023, Minister for Health and Social Services.

Breakdown of Gender Pay (P.31/2023): amendment.  P.31/2023. Lodged: 6th June 2023, Council of Ministers.  Amd.

Provision of carpets in Andium Homes properties (P.34/2023): amendment. P.34/2023. Lodged: 5th June 2023, Minister for Social Security  Amd.

Provision  of  carpets  in  Andium  Homes  properties  (P.34/2023):  second P.34/2023. amendment.  Amd.(2). Lodged: 6th June 2023, Deputy R.J. Ward of St. Helier Central .

The Grindadrap Festival in the Faroe Islands – condemnation of the hunting of P.35/2023. sea mammals (P.35/2023 (re-issue)) – amendment.  Amd. Lodged: 6th June 2023, Deputy L.J. Farnham of St. Mary , St. Ouen and St.

Peter

Draft  EU  Legislation  (Information  Accompanying  Transfers  of  Funds) P.36/2023. (Amendment) (Jersey) Regulations 202-.

Lodged: 26th May 2023, Chief Minister.

Jersey Police Complaints Authority – Appointment of Member.  P.37/2023. Lodged: 31st May 2023, Minister for Home Affairs.

Draft Employment (Amendment No. 13) (Jersey) Law 202-.  P.38/2023. Lodged: 2nd June 2023, Minister for Social Security.  (re-issue).

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.

  1. WITHDRAWAL OF LODGED PROPOSITIONS

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

Amendment to Standing Orders – remote participation in States meetings. P.21/2023. Lodged: 18th April 2023, Privileges and Procedures Committee.

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

(see attached)

WQ.227/2023  1. The Minister for the Environment tabled an answer on 30th May 2023 to a question asked by

Deputy M.B. Andrews of St. Helier North regarding funding the Carbon Neutral Roadmap. WQ.228/2023  2. The Minister for Housing and Communities tabled an answer on 30th May 2023 to a question

asked by Deputy S.Y. Mézec of St. Helier South regarding the Andium Homebuy scheme. WQ.229/2023  3. The Chair of the States Employment Board tabled an answer on 30th May 2023 to a question

asked by Deputy M.R. Scott of St. Brelade regarding civil servants working from home. WQ.230/2023  4. The Minister for Treasury and Resources tabled an answer on 30th May 2023 to a question

asked by Deputy L.V. Feltham of St. Helier Central regarding Losses and Special Payments

of the States of Jersey Group Annual Report and Accounts for 2022.

WQ.231/2023  5. The Minister for Treasury and Resources tabled an answer on 30th May 2023 to a question

asked by Deputy L.V. Feltham of St. Helier Central regarding Key Performance Indicators for bonus payments to Chief Executives at States of Jersey Development Company and Ports of Jersey.

WQ.232/2023  6. The Chair of the Commonwealth Parliamentary Association (CPA) tabled an answer on 6th

June 2023 to a question asked by Deputy M.B. Andrews of St. Helier North regarding CPA trips.

WQ.233/2023  7. The Chief Minister tabled an answer on 6th June 2023 to a question asked by Deputy M.B.

Andrews of St. Helier North regarding complaints against public sector workers and civil servants.

WQ.234/2023  8. The Minister for Home Affairs tabled an answer on 6th June 2023 to a question asked by

Deputy M.B. Andrews of St. Helier North regarding the offence of making indecent images of children.

WQ.235/2023  9. The Minister for Social Security tabled an answer on 6th June 2023 to a question asked by

Deputy L.V. Feltham of St. Helier Central regarding inclusive and accessible communications.

WQ.236/2023  10. The Chair of the States Employment Board tabled an answer on 6th June 2023 to a question

asked by Deputy M.R. Scott of St. Brelade regarding training in anti-corruption measures and conflict of interest identification management.

WQ.237/2023  11. The Chief Minister tabled an answer on 6th June 2023 to a question asked by Deputy M.R.

Scott of St. Brelade regarding a potential advisory council in relation to high-net-worth individuals and the use of special advisors by the Council of Ministers.

WQ.238/2023  12. The Chief Minister tabled an answer on 6th June 2023 to a question asked by Deputy M.R.

Scott of St. Brelade regarding the Statistics User Group.

WQ.239/2023  13. The Minister for Health and Social Services tabled an answer on 6th June 2023 to a question

asked by Deputy C.D . Curtis of St. Helier Central regarding a full independent inspection. WQ.240/2023  14. The Minister for Health and Social Services tabled an answer on 6th June 2023 to a question

asked by Deputy R.J. Ward of St. Helier Central regarding the Spinal Cord Injury Pathway

project.

WQ.241/2023  15. The Minister for the Environment tabled an answer on 6th June 2023 to a question asked by

Deputy R.J. Ward of St. Helier Central regarding damp and mould.

WQ.242/2023  16. The Minister for the Environment tabled an answer on 6th June 2023 to a question asked by

Deputy R.J. Ward of St. Helier Central regarding air quality monitoring.

WQ.243/2023  17. The Minister for Health and Social Services tabled an answer on 6th June 2023 to a question

asked by Deputy G.P. Southern of St. Helier Central regarding primary care funding mechanisms.

WQ.244/2023  18. The Minister for Health and Social Services tabled an answer on 6th June 2023 to a question

asked by Deputy G.P. Southern of St. Helier Central regarding the survey Health Funding Attitudes in Jersey'.

WQ.245/2023  19. The Minister for Social Security tabled an answer on 6th June 2023 to a question asked by

Deputy G.P. Southern of St. Helier Central regarding the Employment (Jersey) Law 2022 and Regulations.

WQ.246/2023  20. The Minister for Housing and Communities tabled an answer on 6th June 2023 to a question

asked by Deputy R.S. Kovacs of St. Saviour regarding Housing Policy HD56.

WQ.247/2023  21. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer on

6th June 2023 to a question asked by Deputy R.S. Kovacs of St. Saviour regarding the Tourism Development Fund.

WQ.248/2023  22. The Minister for Health and Social Services tabled an answer on 6th June 2023 to a question

asked by Deputy R.S. Kovacs of St. Saviour regarding the Nutritious Food Strategy 2017- 2022.

  1. Oral Questions (2 hours 20 minutes)

OQ.111/2023  1.   Deputy L.J. Farnham of St. Mary , St. Ouen and St. Peter will ask the following question of

the Minister for Infrastructure –

"Will the Minister undertake to produce accurate costings, together with funding options, for the multi-site health facilities proposal presented to States members last week, and to seek States Assembly approval prior to signing any contract for commencement of the work?"

OQ.107/2023  2.   Deputy M.B. Andrews of St. Helier North will ask the following question of the Minister for

the Environment –

"Will the Minister advise what plans, if any, he has to introduce Energy Performance Certificates for properties, and what consideration, if any, has been given to address the consequences of their introduction on individuals?"

OQ.109/2023  3.  The Connétable of St. Brelade will ask the following question of the Minister for Economic

Development, Tourism, Sport and Culture –

"In the light of what has been described as "spectacularly poor service" by Jersey Airport ground staff contractors, will the Minister advise whether the Board and management of Ports of Jersey retain his confidence, and will he explain what action he proposes to take to rectify the problem?"

OQ.125/2023  4.  The Connétable of St. Helier will ask the following question of the Minister for

Infrastructure –

"Will the Minister state whether it his assessment that the Town Link Hopper' bus service is operating effectively and what his plans are, if any, for improving the service?"

OQ.118/2023  5.   Deputy L.V. Feltham of St. Helier Central will ask the following question of the Chief

Minister –

"Given the current local employment and housing markets, and further to the Chief Minister's answer to the final supplementary of Oral Question 95/2022, will she advise whether the Government has given Locate Jersey a clear view on whether it should be spending public money on attracting new businesses to the Island; and, if not, why not?"

OQ.120/2023  6.   Deputy M. Tadier of St. Brelade will ask the following question of the Minister for External

Relations –

"Will the Minister inform members of the total number of individuals who, as Russian nationals, are currently subject to the application of sanctions and advise whether the application of such sanctions exactly mirrors the sanctions imposed by the UK Government, with particular reference to those applied against Roman Abramovich?"

OQ.113/2023  7.   Deputy R.J. Ward of St. Helier Central will ask the following question of the Minister for

Children and Education –

"Will the Minister advise what developments, if any, have been undertaken in the last three years to improve the infrastructure for on-Island facilities for children needing emergency care under the Minister's care?"

OQ.110/2023  8.   Deputy R.S. Kovacs of St Saviour will ask the following question of the Minister for Children

and Education –

"Will the Minister state whether there are 8 Government primary schools which receive their PE lessons through Jersey Sport and, if so, why there are not more; and will she further explain why PE in these 8 schools is not delivered through usual school classes and involves the use of external members of staff?"

OQ.115/2023  9.  The Connétable of St. Martin will ask the following question of the Minister for

Infrastructure –

"Will the Minister advise whether he has plans to ensure that any future initiatives to promote greener transport alternatives, including cycling and walking, will be supported by improved road-safety campaigns and the promotion of greater awareness amongst users of heavier and faster vehicles; and, if so, will he provide an outline of the plans?"

OQ.117/2023  10.   Deputy G.P. Southern of St. Helier Central will ask the following question of the Minister

for Social Security –

"Given that reference is made in the report accompanying P.24/2023 to the option for those on Short-Term Incapacity Allowance to work without loss of benefit under a new scheme, will the Minister advise whether it is her intention to make participation in the scheme voluntary or, as is the case in the UK Department of Work and Pensions Restart Scheme', mandatory and subject to a sanctions regime?"

OQ.122/2023  11.   Deputy S.Y. Mézec of St. Helier South will ask the following question of the Minister for

Treasury and Resources –

"Will the Minister commit to ensuring that, before any consideration is giving to raising the basic contribution rate for Long-Term Care, full consideration is given to raising the Upper Earnings Limit in order to ensure equity between all income levels?"

OQ.119/2023  12.   Deputy L.V. Feltham of St. Helier Central will ask the following question of the Minister for

Health and Social Services –

"Will the Minister provide the Assembly with an update on the development of a health service framework, as outlined in Action MHSS P3.b.1 of her Ministerial Delivery Plan?"

OQ.112/2023  13.   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 explain how the multisite healthcare facilities, as presented to States Members last week, will be funded, and will he also agree to seek States Assembly approval through a standalone proposition prior to putting any funding arrangements in place?"

OQ.114/2023  14.   Deputy R.J. Ward of St. Helier Central will ask the following question of the Minister for

Infrastructure –

"Will the Minister advise what actions, if any, have been taken to promote the Town Hopper bus, and state what the current fare is for a single journey?"

OQ.116/2023  15.  The Connétable of St. Martin will ask the following question of the Minister for Health and

Social Services –

"Further therapies referenced within the blog post entitled New Healthcare Facilities Feasibility Study', will the Minister present a report to the Assembly outlining how the Government intends to ensure a range of departments and therapies are provided within the new Healthcare Facilities; and will she further state whether departments such as the Assisted Reproduction Unit will remain accessible throughout both the development and lifetime of the new facilities?"

OQ.123/2023  16.   Deputy S.Y. Mézec of St. Helier South will ask the following question of the Minister for

Economic Development, Tourism, Sport and Culture –

"What discussions, if any, have taken place between the Minister, Ports of Jersey, and Swissport regarding the working conditions of the baggage handlers at the Airport, who have reportedly been required to work at severely understaffed levels?"

OQ.121/2023  17.   Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Economic

Development, Tourism, Sport and Culture –

"Before next year's timetables are set for Manche Iles Express and Condor Ferries, and before any new service level objectives with them are agreed, will the Minister take action with the objective that timetables are more sympathetic to Jersey travellers, including for outbound day trips?"

OQ.124/2023  18.   Deputy G.P. Southern of St. Helier Central will ask the following question of the Minister

for Social Security –

"Given that, in the Employment Forum's April 2023 report on zero-hour contracts, evidence was provided that some employees who come to the Island on work permits have been given no choice but to sign zero-hours contracts on arrival, will the Minister take effective action to stop this unlawful practice by employers and, if so, to what timescale will she act?"

OQ.108/2023  19.   Deputy M.B. Andrews of St. Helier North will ask the following question of the Minister for

Housing and Communities –

"Will the Minister advise whether he is considering the creation of a home-ownership scheme during his term of office; and if not, why not?"

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

1st question period – Minister for Housing and Communities 2nd question period – Minister for External Relations

3rd question period – Chief Minister

  1. PERSONAL STATEMENTS
  2. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
  3. PUBLIC BUSINESS

Health and Community Services Interim Board.  P.19/2023. Lodged: 11th April 2023, Minister for Health and Social Services.

Health and Community Services Interim Board (P.19/2023): amendment.  P.19/2023. Lodged: 5th May 2023, Deputy L.V. Feltham of St. Helier Central .  Amd.

Health  and  Community  Services  Interim  Board  (P.19/2023):  second P.19/2023. amendment.  Amd.(2). Lodged: 30th May 2023, Minister for Health and Social Services.

Draft  Stamp  Duties  and  Fees  (Amendment  of  Law   No.  6)  (Jersey) P.22/2023. Regulations 202-.

Lodged: 24th April 2023, Chief Minister.

Draft Domestic Abuse (Jersey) Law 2022 (Appointed Day) Act 202-.  P.23/2023. Lodged: 26th April 2023, Minister for Home Affairs.

Draft Social Security (Amendment of Law No.18) (Jersey) Regulations 202-.  P.24/2023. Lodged: 28th April 2023, Minister for Social Security.

Draft Social Security (Amendment of Law No.18) (Jersey) Regulations 202- P.24/2023. (P.24/2023): comments.  Com. Presented: 25th May 2023, Health and Social Security Scrutiny Panel..

Draft Limited Partnerships (Continuance) (Jersey) Regulations 202-.  P.25/2023. Lodged: 2nd May 2023, Chief Minister.

Jersey Overseas Aid: Re-appointment of Commissioner.  P.26/2023. Lodged: 2nd May 2023, Minister for International Development.

Draft F.B. Playing Fields (Jersey) Law 202-.  P.27/2023. Lodged: 2nd May 2023, Minister for Infrastructure.

Breakdown of Gender Pay.  P.31/2023. Lodged: 22nd May 2023, Deputy M.B. Andrews of St. Helier North .

Breakdown of Gender Pay (P.31/2023): amendment.  P.31/2023. Lodged: 6th June 2023, Council of Ministers.  Amd.

Provision of a free hopper bus service for Active card holders to Springfield P.33/2023. stadium.

Lodged: 23rd May 2023, Deputy R.J. Ward of St. Helier Central .

Provision of a free hopper bus service for Active card holders to Springfield P.33/2023. stadium (P.33/2023): comments.  Com. Presented: 8th June 2023, Minister for Infrastructure.

Provision of carpets in Andium Homes properties.  P.34/2023. Lodged: 23rd May 2023, Deputy R.J. Ward of St. Helier Central .

Provision of carpets in Andium Homes properties (P.34/2023): amendment.  P.34/2023. Lodged: 5th June 2023, Minister for Social Security  Amd.

Provision  of  carpets  in  Andium  Homes  properties  (P.34/2023):  second P.34/2023. amendment.  Amd.(2). Lodged: 6th June 2023, Deputy R.J. Ward of St. Helier Central .

The Grindadrap Festival in the Faroe Islands – condemnation of the hunting P.35/2023. of sea mammals.  (re-issue). Lodged: 23rd May 2023, Deputy L.J. Farnham of St. Mary , St. Ouen and St.

Peter.

The Grindadrap Festival in the Faroe Islands – condemnation of the hunting P.35/2023. of sea mammals (P.35/2023 (re-issue)) – amendment.  Amd. Lodged: 6th June 2023, Deputy L.J. Farnham of St. Mary , St. Ouen and St. Peter

  1. ARRANGEMENT OF PUBLIC BUSINESS

4th July 2023

Draft  Taxation  (Exchange  of  Information   Amendment)  (Jersey) P.28/2023. Regulations 202.

Lodged: 5th May 2023, Minister for External Relations.

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.

Amendment to Standing Orders – various amendments.  P.30/2023. Lodged: 17th May 2023, Privileges and Procedures Committee.

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 St.

Peter.

Jersey Police Complaints Authority – Appointment of Member.  P.37/2023. Lodged: 31st May 2023, Minister for Home Affairs.

18th July 2023

La Collette Waste Management Site – Development Plan.  P.17/2023. Lodged: 6th April 2023, Minister for Infrastructure.

Draft  EU  Legislation  (Information  Accompanying  Transfers  of  Funds) P.36/2023. (Amendment) (Jersey) Regulations 202-.

Lodged: 26th May 2023, Chief Minister.

Draft Employment (Amendment No. 13) (Jersey) Law 202-.  P.38/2023. Lodged: 2nd June 2023, Minister for Social Security.  (re-issue).

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.

L.-M. HART Greffier of the States

8th June 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 14th, Thursday 15th and Friday 16th June 2023.

Explanatory Note regarding subordinate legislation tabled at this meeting.

(See Item B)

R&O.37/2023.

Planning and Building (Caravans) (Jersey) Order 2023. Minister for the Environment.

The Planning and Building (Caravans) (Jersey) Order 2023 makes provision, for the purposes of Article 99 of the Planning and Building (Jersey) Law 2002 (the "Law"), for the regulation and restriction of –

  1. the importation of caravans into Jersey; and
  2. the stationing and use of caravans in Jersey.

Article 1 contains the definitions of certain words and expressions that are used throughout the Order, including a definition of "motorhome" as a type of caravan as defined in Article 98 of the Law.

Article 2 sets out that this Order is for the purposes of Article 99 of the Law, which prohibits the importation or use of a caravan except in accordance with permission granted by an Order made under that Article.

Article 3 allows a person to import a caravan into Jersey, or use or station a caravan in Jersey, to the extent permitted by Articles 4 or 5; in other circumstances an application must be made to the Chief Officer for permission to do so.

Article 4 gives general permission for a person to bring a caravan to Jersey, without the need for a permit, for a period of up to 31 days. This general permission only applies if certain other conditions are met in relation to the dimensions of the caravan, where it is stationed and its use on public roads.

Articles 5 to 12 apply if a person wishes to keep a caravan in Jersey for a period of more than 31 days.

Article 5 gives general permission for a person to keep a caravan in Jersey for a period of more than 31 days if certain conditions are met. These conditions include the caravan being registered under the Motor Vehicle Registration (Jersey) Law 1993. The caravan must also be stationed out of public view at the address at which it is registered unless it is stationed on a designated camp site or being moved from one location to another. The caravan must not be used as overnight accommodation at any time unless it is stationed on a designated camp site.

Articles 6 to 8 make provision for –

  1. the publication by the Chief Officer of notices of applications for permission to import, use or station a caravan (otherwise than in accordance with Article 4 or 5);
  2. the display of site notices on land to which an application for permission relates; and
  3. the making of written representations by any person in relation to applications for planning permission, and the treatment of representations in a public inquiry.

These Articles provide that the Chief Officer must send to the applicant a site notice and that the applicant must certify that the site notice has been correctly displayed. The Chief Officer must provide appropriate forms for these purposes. (The Order does not prescribe the forms to be used since it is no longer standard drafting practice to prescribe forms in legislation.)

Article 9 sets out the factors that the Chief Officer must consider when determining an application for permission to import, use or station a caravan, which include environmental considerations. This Article enables the Chief Officer to either grant permission unconditionally, grant permission subject to conditions, or refuse to grant the permission sought.

Article 10 states that, for the purposes of Article 101 of the Law, any condition attached to a grant of permission under Article 9 must be fair and reasonable in relation to the proposed use or stationing of the caravan; these may include conditions relating to fire safety and sanitary facilities.

Article 11 provides that the Chief Officer may grant permission to station a caravan on land where the caravan has already been stationed without permission or where a condition imposed has not been complied with. This permission can be backdated to the date on which the caravan was first stationed on the land.

Article 12 provides that the Chief Officer may revoke or modify permission that has been given under this Order, by giving at least 7 days' written notice to the person having the control of or an interest in the caravan to which the permission relates. Specified provisions of the Law relating to compensation and appeals are applicable in this case.

Article 13 gives the title of the Order and provides for it to come into force 7 days after it is made. The Order was made on 24th May 2023 and came into force on 31st May 2023.

R&O.38/2023.

Planning and Building (Application Publication) (Jersey) Order 2023. Minister for the Environment.

The Planning and Building (Application Publication) (Jersey) Order 2023 makes updated provision for –

  1. the publication by the Chief Officer of notices of applications for planning permission;
  2. the display of site notices on land to which an application for planning permission relates; and
  3. the making of written representations by any person in relation to applications for planning permission, and the treatment of representations in a public inquiry.

The Order provides that the Chief Officer must send to the applicant a site notice and that the applicant must certify that the site notice has been correctly displayed. The Chief Officer must provide appropriate forms for these purposes. (The Order does not prescribe specific forms to be used since it is no longer standard drafting practice to prescribe forms in legislation.)

The Order also repeals the Planning and Building (Application Publication) (Jersey) Order 2006 and makes a consequential amendment to the Planning and Building (Public Inquiries) (Jersey) Order 2008.

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

The Order was made on 24th May 2023 and came into force on 31st May 2023.

R&O.39/2023.

Planning and Building (Moveable Structures – Amendment No. 2) (Jersey) Order 2023. Minister for the Environment.

This Order amends the Planning and Building (Moveable Structures) (Jersey) Order 2006 to align the requirements in that Order with the requirements in the Planning and Building (Application Publication) (Jersey) Order 2023 in relation to –

  1. the publication by the Chief Officer of notices of applications concerning moveable structures;
  2. the display of site notices on land to which an application concerning a moveable structure relates; and
  3. the making of written representations by any person in relation to applications concerning moveable structures.

The Order provides that the Chief Officer must send to the applicant a site notice and that the applicant must certify that the site notice has been correctly displayed. The Chief Officer must provide appropriate forms for these purposes but Schedules 2 and 3 (which prescribe specific forms) are deleted since it is no longer standard drafting practice to prescribe forms in legislation.

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

The Order was made on 24th May 2023 and came into force on 31st May 2023.

R&O.40/2023.

Planning and Building (Display of Advertisements – Amendment No. 2) (Jersey) Order 2023. Minister for the Environment.

This Order amends the Planning and Building (Display of Advertisements) (Jersey) Order 2006 to align the requirements in that Order with the requirements in the Planning and Building (Application Publication) (Jersey) Order 2023 in relation to –

  1. the publication by the Chief Officer of notices of applications to display advertisements;
  2. the display of site notices on land or a building to which an application to display an advertisement relates; and
  3. the making of written representations by any person in relation to applications to display advertisements, and the treatment of any representations in a public inquiry.

The Order provides that the Chief Officer must send to the applicant a site notice and that the applicant must certify that the site notice has been correctly displayed. The Chief Officer must provide appropriate forms for these purposes but Schedules 2 and 3 (which prescribe specific forms) are deleted since it is no longer standard drafting practice to prescribe forms in legislation.

The Order also creates a new category of approved advertisement for the purpose of indicating –

  1. that a car park or parking place is allocated for use by particular people, or classes of people, or for the parking of particular vehicles or classes of vehicles, on land that the landowner permitsto be used for that purpose; or
  2. that land is private land.

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

The Order was made on 24th May 2023 and came into force on 31st May 2023.

WRITTEN QUESTIONS (See Item I(a))

  1. The Minister for the Environment tabled an answer on 30th May 2023 to the following question asked by Deputy M.B. Andrews of St. Helier North

"Will the Minister detail the proportion of public to private funding required to fund Jersey's Carbon Neutral Roadmap; and if not, why not?"

  1. The Minister for Housing and Communities tabled an answer on 30th May 2023 to the following question asked by Deputy S.Y. Mézec of St. Helier South

"Will the Minister provide a breakdown of –

  1. the number of homes that have been sold through the Andium Homebuy scheme in each of the last 5 years including a breakdown of the number of bedrooms in the properties and whether they were flats or houses;
  2. the number of new builds included in (a), which were specifically built to be sold through the Andium Homebuy scheme and separately the number that were part of the old social rental housing stock;
  3. the number of approvals for old social rental housing stock to be sold that have been authorised by the Minister since taking office; and
  4. the average deferred payment that has been applied in these sales together with the number which have been made with the maximum 25% deferred payment?"
  1. The Chair of the States Employment Board tabled an answer on 30th May 2023 to the following question asked by Deputy M.R. Scott of St. Brelade

"Will the Chair provide details of the number of civil servants working from home for each Government department, broken down into –

  1. the total number of staff working from home;
  2. the percentage of workforce working from home; and
  3. the number of days per week staff work from home?"
  1. The Minister for Treasury and Resources tabled an answer on 30th May 2023 to the following question asked by Deputy L.V. Feltham of St. Helier Central

"Given that section 4.23 of the States of Jersey Group Annual Report and Accounts for 2022 outlines that Losses and Special Payments increased from £5.4 million in 2021 to £13.3 million in 2022, will the Minister provide a detailed breakdown of these payments by Head of Expenditure and type of loss, together with an assessment of the cause of each instance; will he further detail what measures, if any, are being taken to reduce and mitigate such occurrences in the future?"

  1. The Minister for Treasury and Resources tabled an answer on 30th May 2023 to the following question asked by Deputy L.V. Feltham of St. Helier Central

"Will the Minister advise what criteria or Key Performance Indicators, if any, are used to determine bonus payments for Chief Executives of the Government owned arm's length organisations States of Jersey Development Company and Ports of Jersey?"

  1. The Chair of the Commonwealth Parliamentary Association tabled an answer on 6th June 2023 to the following question asked by Deputy M.B. Andrews of St. Helier North

"Will the Chair provide details of the following in relation to each States member –

  1. the number of trips undertaken on CPA business;
  2. the number of days spent overseas on CPA business since July 2022; and
  3. the destinations travelled to and the learning outcomes from each of these trips?"
  1. The Chief Minister tabled an answer on 6th June 2023 to the following question asked by Deputy M.B. Andrews of St. Helier North

"Will the Chief Minister confirm the number of complaints that have been made against public sector workers and civil servants within each Ministerial Department since 2022?"

  1. The Minister for Home Affairs tabled an answer on 6th June 2023 to the following question asked by Deputy M.B. Andrews of St. Helier North

"In relation to the offence of making indecent images of children, will the Minister advise –

  1. the number of individuals prosecuted since 2018;
  2. the number of persons convicted since 2018; and
  3. whether she is considering reappraising the length of sentence defined in the Protection of Children (Jersey) Law 1994; and, if not, why not?"
  1. The Minister for Social Security tabled an answer on 6th June 2023 to the following question asked by Deputy L.V. Feltham of St. Helier Central

"As Minister with responsibility for both promoting the Disability Strategy and Social Inclusion policies and for promoting the role of older people in government policy-making, and in the light of the responses made to Written Question 219/2023 by the Assistant Chief Minister, will the Minister advise the Assembly whether –

  1. she is content with the responses made to Written Question 219/2023;
  2. she or any of her officers have advised the Government Communications Department on inclusive and accessible communications and, if so, what advice has been provided; and if not, why not;
  3. MSS P6.2 of her Delivery Plan has commenced and whether she anticipates that the accessible Government of Jersey Standards, due to be delivered in May 2023, will lead to a consistent Government policy on the provision of accessible communications; and
  4. the Older Persons Living Forum has been consulted regarding the public consultation Improving Residential Tenancies in Jersey - Residential Tenancy Law Reform proposals'?"
  1. The Chair of the States Employment Board tabled an answer on 6th June 2023 to the following question asked by Deputy M.R. Scott of St. Brelade

"Following the response to Written Question 196/2023 which suggests that no training in anti-corruption measures or ongoing conflict of interest identification management has taken place in the public sector in the last five years despite the findings of the Jersey Child Care Inquiry, will the Chair confirm this to be the case or otherwise provide the relevant training materials?"

  1. The Chief Minister tabled an answer on 6th June 2023 to the following question asked by Deputy M.R. Scott of St. Brelade

"With respect to the Chief Minister's response to my oral question without notice on 23rd May 2023, will she provide further details on the potential advisory council in relation to high-net-worth individuals that she mentioned in her answer, as well as any consideration of the use of special advisors by the Council of Ministers to enhance independent expert knowledge whilst improving transparency?"

  1. The Chief Minister tabled an answer on 6th June 2023 to the following question asked by Deputy M.R. Scott of St. Brelade

"Regarding the Statistics User Group, will the Chief Minister advise –

  1. why the Group was inquorate from November 2022 to April 2023, notwithstanding its statutory role in overseeing the quality, relevance, and integrity of statistics published by the Government and other public authorities and the statutory requirement that the Chief Statistician set the policies and priorities of Statistics Jersey on the advice of the Group;
  2. in the absence of the Group, on whose advice the Chief Statistician set the policies and priorities of Statistics Jersey from November 2022 to April 2023;
  3. on what date the former Chief Minister was advised of the need to fill vacancies in the Group to avoid it becoming inquorate; and
  4. which government officer was responsible for ensuring the vacancies should be filled?"
  1. The Minister for Health and Social Services tabled an answer on 6th June 2023 to the following question asked by Deputy C.D . Curtis of St. Helier Central

"Further to the Minister's reference to "systemic governance problems" in her department, does she agree that a full independent inspection, by a body such as the Jersey Care Commission, of the hospital and health services should be undertaken urgently, and if so, when would this inspection be undertaken; and if she does not consider an inspection necessary, why not?"

  1. The Minister for Health and Social Services tabled an answer on 6th June 2023 to the following question asked by Deputy R.J. Ward of St. Helier Central

"With regards to the Spinal Cord Injury Pathway project detailed in the response to Written Question 461/2019, will the Minister provide details on what is currently available to support those with spinal cord injuries?"

  1. The Minister for the Environment tabled an answer on 6th June 2023 to the following question asked by Deputy R.J. Ward of St. Helier Central

"Will the Minister advise what work, if any, has been or is being undertaken to ascertain the extent of the occurrence of damp and mould in the following –

  1. private rental properties;
  2. social housing properties rented from Andium Homes; and
  3. social housing properties rented from other social housing providers?"
  1. The Minister for the Environment tabled an answer on 6th June 2023 to the following question asked by Deputy R.J. Ward of St. Helier Central

"In relation to air quality monitoring, will the Minister update the Assembly in respect of –

  1. the current position regarding air quality monitoring around schools and areas of high traffic such as Springfield stadium; and
  2. the Island-wide project to monitor air quality, including the amount spent on this project and the role, if any, that Digital Jersey have had or continue to have in its development?"
  1. The Minister for Health and Social Services tabled an answer on 6th June 2023 to the following question asked by Deputy G.P. Southern of St. Helier Central

"Further to the response to Written Question 84/2023 will the Minister advise –

  1. what progress, if any, has been made, since March 2023, to address the urgent need to change primary care funding mechanisms;
  2. whether the review has considered the transition of the funding for the preferred funding option, Option 2 and whether this has formed part of the consultation;
  3. what role, if any, does the Health Insurance Fund, or any means of charging, play in her current planning;
  4. whether she will release to members, for planning purposes, the data collected by her team of health economists which covers funding for primary, secondary and tertiary spending to date and, if not, why not; and
  5. whether she will commit to the long-term goal of creating a Health Care Model which is free at the point of delivery; and, if not, why not?"
  1. The Minister for Health and Social Services tabled an answer on 6th June 2023 to the following question asked by Deputy G.P. Southern of St. Helier Central

"Will the Minister publish the detailed questions contained in the survey Health Funding Attitudes in Jersey' designed to reach over 1,000 members of the public and state what part the results of this survey will play, if any, in the formation of Health Policy?"

  1. The Minister for Social Security tabled an answer on 6th June 2023 to the following question asked by Deputy G.P. Southern of St. Helier Central

"Further to the findings of the review into zero-hour contracts by the Jersey Employment Forum, is it the Minister's assessment that, in addition to the training of employers to understand and adhere to the Employment (Jersey) Law 2022 and Regulations, it is time to introduce some form of enforcement to ensure adherence to the legislation?"

  1. The Minister for Housing and Communities tabled an answer on 6th June 2023 to the following question asked by Deputy R.S. Kovacs of St. Saviour

"Will the Minister advise -

  1. whether Housing Policy HD56 is still the current policy for managing under occupancy and, if it is, how many occupancy reviews have been sent to tenants who occupy family size accommodation in each of the last five years;
  2. if HD56 is not still a current policy, what has replaced it and how is the replacement being monitored and utilised;
  3. how many tenants have reported under occupancy to the Affordable Housing Gateway; and
  4. how many tenants have subsequently been re-housed as a consequence of under-occupancy?"
  1. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer on 6th June 2023 to the following question asked by Deputy R.S. Kovacs of St. Saviour

"Further to Written Question 223/2023, will the Minister confirm that the £19,700,000 shown as a grant into the Tourism Development Fund was a transfer from the Tourism Investment Fund and already allocated, at the time of transfer, against various projects; will he further indicate whether there is any intention to activate and use this Tourism Development Fund, and if not, why not?"

  1. The Minister for Health and Social Services tabled an answer on 6th June 2023 to the following question asked by Deputy R.S. Kovacs of St. Saviour

"Will the Minister advise, in relation to the Nutritious Food Strategy 2017-2022

  1. the number of recipients of funding from the Health Start Programme per year for each of the last five years;
  2. the annual cost of the programme for each of the last five years;
  3. the requirements for families to benefit from the programme; and

will she further advise when the replacement nutritious food strategy, for which work was commenced on 4th May 2023, will be in place; and whether this replacement strategy will include support for those not on Income Support?"

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)

Health and Community Services Interim Board. (P.19/2023).

 Chair  of  the  Health  and  Social  Security Scrutiny Panel

Health and Community Services Interim Board (P.19/2023): amendment. (P.19/2023 Amd.).

 Minister for Health and Social Services

Health and Community Services Interim Board (P.19/2023):  second  amendment.  (P.19/2023 Amd.(2)).

 Chair  of  the  Health  and  Social  Security Scrutiny Panel

Draft Stamp Duties and Fees (Amendment of Law

– No. 6) (Jersey) Regulations 202-. (P.22/2023).

 Chair of the Corporate Services Scrutiny Panel

Draft  Domestic  Abuse  (Jersey)  Law  2022 (Appointed Day) Act 202-. (P.23/2023).

 Chair of the Children, Education and Home Affairs Scrutiny Panel

Draft Social Security (Amendment of Law No.18) (Jersey) Regulations 202-. (P.24/2023).

 Chair  of  the  Health  and  Social  Security Scrutiny Panel

Draft  Limited  Partnerships  (Continuance) (Jersey) Regulations 202-. (P.25/2023).

 Chair of the Corporate Services Scrutiny Panel

Jersey  Overseas  Aid:  Re-appointment  of Commissioner. (P.26/2023).

 Chair of the Economic and International Affairs Scrutiny Panel

Draft  F.B.  Playing  Fields  (Jersey)  Law  202-. (P.27/2023).

 Chair  of  the  Environment,  Housing  and Infrastructure Scrutiny Panel

Breakdown of Gender Pay. (P.31/2023).

 Chair of the States Employment Board

Breakdown  of  Gender  Pay  (P.31/2023): amendment. (P.31/2023 Amd.).

  Deputy M.B. Andrews of St. Helier North

Removal of compulsory independent taxation for existing married couples and civil partnerships. (P.32/2023).

 Minister for Treasury and Resources

 

Provision of a free hopper bus service for Active card holders to Springfield stadium. (P.33/2023).

 Minister for Infrastructure

Provision of carpets in Andium Homes properties. (P.34/2023).

 Minister for Social Security

Provision of carpets in Andium Homes properties (P.34/2023): amendment. (P.34/2023 Amd.).

  Deputy R.J. Ward of St. Helier Central .

Provision of carpets in Andium Homes properties (P.34/2023):  second  amendment.  (P.34/2023 Amd.(2)).

 Minister for Social Security

The Grindadrap Festival in the Faroe Islands – condemnation  of  the  hunting  of  sea  mammals. (P.35/2023 (re-issue)).

 Minister for External Relations

The Grindadrap Festival in the Faroe Islands – condemnation  of  the  hunting  of  sea  mammals (P.35/2023  (re-issue))   amendment.  (P.35/2023 Amd.).

 Minister for External Relations

 

ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))

Questions without notice 2023

1st Session 2023

4th July  Children and Education  Social Security  Chief Minister 18th July  Treasury and Resources  International  Chief Minister

Development

2nd Session 2023

12th September  Economic Development,  Environment  Chief Minister

Tourism, Sport and

Culture

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