States Meeting Summary 25-29 April
29 April 2022
Tribute
To begin the final States Meeting of this political term, the Bailiff paid tribute to the late Connétable of St. Saviour, Sadie Le Sueur-Rennard, after which the States Assembly held a minute's silence in the States Chamber.
Question time
Oral questions with notice
Non-executive States Members asked Ministers oral questions with notice for two hours and 20 minutes. See what questions were asked by skipping to page 12 of the Order Paper.
Oral questions without notice
After questions with notice, non-executive States Members asked the following Ministers questions without notice for 45 minutes (15 minutes each):
The Minister for the Environment, Deputy John Young
The Minister for External Relations and Financial Services, Senator Ian Gorst
The Chief Minister, Senator John Le Fondré
Urgent oral question
Deputy Kevin Pamplin asked the Minister for Health and Social Services an urgent oral question regarding the Mental Health Nursing Degree, which was followed by questions from States Members.
Statement
The Minister for Health and Social Services made a statement on radiotherapy options for Jersey, which was followed by questions from States Members.
Watch a recording of this morning's States Meeting.
Public business
Changes to the Building and Planning Law
The debate on the Minister for the Environment's proposed changes to the Planning and Building Law, which was previously approved in principle before being called in by Scrutiny, resumed in the second reading. The changes – to ensure that the Law reflects current practice and provides more control to protect the Island's tree stock – were proposed as amended by the Minister and Deputy Maçon.
The States Assembly unanimously voted to APPROVE the Minister for the Environment's proposition, as amended.
Portelet no-take zone
The debate on the Minister for the Environment's proposed regulations to establish a "Portelet no-take zone", which was previously approved in principle before being called in by Scrutiny, resumed in the second reading. The regulations – to make it an offence to fish in this zone, except for the purpose of scientific research – were APPROVED by the States Assembly.
New process for setting States Members' pay
The Privileges and Procedures Committee (PPC) proposed to amend the States of Jersey Law to implement the new process in which an independent reviewer will set States Members' pay.
The States Assembly APPROVED the Privileges and Procedures Committee's proposition on a standing vote.
New statutory basis for the Official Analyst
On behalf of the Chief Minister, the Assistant Chief Minister proposed a Law to establish the Official Analyst (a qualified analytical chemist) on a new statutory basis, to ensure that they can carry out their work independently. This was proposed as amended by the Corporate Services Scrutiny Panel.
The States Assembly APPROVED the amended proposition on a standing vote.
Judicial fees charged for civil actions in Jersey courts
On behalf of the Chief Minister, the Minister for Treasury and Resources proposed to amend judicial fees charged for civil actions and claims in the Petty Debts Court and the Royal Court.
The States Assembly APPROVED the proposition on a standing vote.
List of persons registered in the register of Jersey ships
On behalf of the Minister for Economic Development, Tourism, Sport and Culture, the Assistant Minister proposed regulations to update the list of persons registered in the register of Jersey ships as the owner of a ship other than a fishing vessel, or the owner of a share in such a ship.
The States Assembly APPROVED the Minister's proposition on a standing vote.
Regulation of health and social care services for children and young people
The Minister for the Environment proposed to amend the Regulation of Care Law to ensure that 10 new categories of health and social care services for children and young people are subject to regulation and inspection by the Jersey Care Commission.
The States Assembly APPROVED the Minister for the Environment's proposition on a standing vote.
In extension to the previous proposition, the Minister for the Environment proposed to amend the Regulation of Care Regulations to require registered providers and managers of health and social care services for children and young people to comply with the new regulatory requirements. The Minister proposed the Regulations as amended by his own amendment.
The States Assembly APPROVED the Minister for the Environment's amended proposition on a standing vote.
To conclude today's States Meeting, the Minister for the Environment proposed the final set of regulations within this package – to set out the transitional arrangements for certain regulated care home and home care services.
The States Assembly APPROVED the Minister's proposition on a standing vote.
Empty Property Tax
Deputy Tadier proposed that an effective mechanism should be introduced to discourage people from leaving their homes vacant for long periods, and that the Minister for Housing and Communities investigates ways to do this by September 2022.
The States Assembly voted to APPROVE Deputy Tadier's proposition. 41 States Members voted in favour, and one voted against.
Filming hustings
Deputy Maçon proposed that hustings for the next and subsequent elections are filmed at Parish Halls and made available online. The States Assembly voted to APPROVE Deputy Maçon's proposition. 34 Members voted in favour, and seven voted against.
Code of practice for Scrutiny, the Public Accounts Committee and the Executive
On behalf of the Scrutiny Liaison Committee, Senator Moore proposed an updated Code of Practice for the engagement between Scrutiny Panels, the Public Accounts Committee and the Executive, as amended by Senator Vallois.
The States Assembly unanimously voted to APPROVE the Scrutiny Liaison Committee's proposition, as amended.
Ministerial responsibilities
Deputy Young proposed a number of changes relating to Ministerial responsibilities, as amended by the Council of Ministers. The Deputy proposed that:
There should be one Minister held accountable for each States department
The proposed single legal entity for the Government of Jersey should not be established
The Chief Minister should review Ministerial portfolios within six months of an election and provide a report on this to the States by 1 January each year.
The States Assembly voted to APPROVE Deputy Young's proposition, as amended. 41 Members voted in favour, and one voted against.
Safe management of public events
The Minister for Home Affairs proposed to replace the Unlawful Public Entertainments Regulations, which are shortly due to expire. The Regulations establish a framework to safely manage public events in Jersey and would run for two years, until July 2024.
The States Assembly unanimously voted to APPROVE the Minister for Home Affairs' proposition.
Changes to Written Questions in Standing Orders
The Privileges and Procedures Committee proposed two changes to the Standing Orders of the States of Jersey: to ensure that Written Questions cannot be submitted during Election Period, and that a response to a Written Question can be challenged up to 12:45pm on the day of the first States Meeting.
The States Assembly APPROVED the Privileges and Procedures Committee's proposition on a standing vote.
Change to the Standing Order on land transactions
The Privileges and Procedures Committee proposed an amendment to the States of Jersey Standing Order which governs land transactions, so that the Minister for Infrastructure would be obliged to inform the Greffier if a transaction does not proceed.
The States Assembly APPROVED the Privileges and Procedures Committee's proposition on a standing vote.
Removal of 'Senator' from candidate election forms
The Privileges and Procedures Committee proposed to remove all references to 'Senator' from the declaration form to be signed by election candidates.
The States Assembly APPROVED the Privileges and Procedures Committee's proposition on a standing vote.
Removal of 'Senator' from Standing Orders
The Privileges and Procedures Committee proposed to delete all remaining references to 'Senator' from Standing Orders from 27 June 2022.
The States Assembly voted to APPROVE the Privileges and Procedures Committee's proposition. 40 voted in favour and one voted against.
Financial services businesses and money laundering offence
The Assistant Minister for External Relations and Financial Services proposed an amendment to the Proceeds of Crime Law to make it an offence for a financial services business to fail to prevent a person associated with that business from money laundering.
The States Assembly APPROVED the Minister's proposition on a standing vote.
Updating the Sanctions and Asset-Freezing Law
The Minister for External Relations and Financial Services proposed to amend the Sanctions and Asset-Freezing Law to improve compliance with international standards set by the Financial Action Task Force (FATF), as amended.
The States Assembly unanimously voted to APPROVE the Minister's proposition, as amended.
New statutory process for terminating a limited partnership
The Assistant Minister for External Relations and Financial Services proposed several amendments to the Limited Partnerships Law to set the new statutory process for terminating a limited partnership registered in Jersey and align with equivalent laws in other jurisdictions.
The States Assembly unanimously voted to APPROVE the Minister's proposition.
Minimising the risk of NPOs being used to fund terrorism
The Minister for External Relations and Financial Services proposed to amend various pieces of legislation relating to non-profit organisations (NPOs) to minimise the risk that NPOs might be abused by those seeking to fund terrorism.
The States Assembly APPROVED the Minister's proposition on a standing vote.
Havre Des Pas Lido
The Connétable of St. Helier asked the States Assembly to agree that the Minister for Infrastructure should ensure that Jersey Property Holdings upholds its obligations to maintain the facilities at Havre des Pas Lido in consultation with a steering group, and to initiate negotiations for a new nine-year lease. The Connétable proposed this as amended by the Minister for Infrastructure.
The States Assembly unanimously voted to APPROVE the Connétable's proposition, as amended.
Accommodation for temporary workers
The Deputy of St. Peter proposed that appropriate sites should be identified and made available to provide temporary accommodation for between 200 and 500 temporary workers, as amended.
The States Assembly voted to REJECT the Deputy's proposition with exception of part d, which was APPROVED as amended. Part d requested that the Council of Ministers carries out a departmental investigation into longer-term solutions for the housing of temporary workers and provides a report on the options available to the States Assembly in December 2022.
40 Members voted against parts a-c, four voted in favour and one abstained. 32 Members voted in favour of part d, nine voted against and one abstained.
Suspending the drive to net zero
Senator Ferguson proposed that, due to the impact of rising fuel costs on lower-income families, middle earners and local businesses, the Government should suspend the drive to net zero until the war in Ukraine and uncertainty is resolved.
The States Assembly voted to REJECT the proposition. 40 Members voted against and three voted in favour.
Remote participation and proxy voting
Before the evening adjournment, Chair of the Privileges and Procedures Committee, Deputy Alves, made a statement thanking the Greffier of the States, Dr. Mark Egan, for his time in office.
On Thursday morning, States Assembly voted to APPROVE part a and part c of the proposition relating to remote participation. This means that the next Privileges and Procedures Committee has been requested to bring forward an amendment to Standing Orders to allow for remote participation, which will need to be debated and agreed by the next States Assembly for it to be implemented.
24 Members voted in favour of part a, and 16 voted against. 26 voted in favour of part c (which relates to part a) and 14 voted against.
The States Assembly voted to REJECT part b on proxy voting. 32 voted against and five voted in favour.
Statement
The Chief Minister made a statement regarding the response to Covid-19, which was followed by 15 minutes of questions from States Members.
Return to public business
Appointment of the Greffier of the States
The Privileges and Procedures Committee (PPC) asked the States Assembly to approve the appointment of Mrs Lisa Hart to the office of the Greffier of the States.
In line with the States of Jersey Law, this debate was not filmed, however, the recording resumed for the vote.
The States Assembly unanimously voted to APPROVE the proposition.
Machinery of Government sub-committee
Senator Vallois proposed that a sub-committee is appointed to review the machinery of Government, which would comprise at least two States Members in Ministerial positions and two that are not. The Senator proposed it as amended by the Council of Ministers, which specified that the proposed sub-committee should report its findings and recommendations to the Council of Ministers, in addition to the Privileges and Procedures Committee.
The States Assembly unanimously voted to APPROVE Senator Vallois' proposition.
Monitoring of Arm's Length Organisations and green and white papers
Senator Vallois proposed, as amended by the Council of Ministers, that a committee comprising Executive and non-Executive States Members is established to monitor the performance of Arm's Length Organisations, and that a clear, agreed criteria for the preparation of policy or legislative proposals is established. The proposition requested the Council of Ministers to bring forward a proposal for establishing this committee by 31 October 2022.
The States Assembly voted to APPROVE Senator Vallois' proposition, as amended. 39 Members voted in favour, and one voted against.
GST on menstrual sanitary products
Senator Moore proposed that all menstrual sanitary products should be made exempt from Goods and Services Tax (GST) and that legislation is drafted to make this possible.
The Minister for Treasury and Resources proposed an amendment to Senator Moore's proposition: that, in principle and subject to a review, all menstrual sanitary products should be exempt from GST or zero-rated. The Minister proposed that legislation should be drafted to make this change if the review concludes that such products should be made exempt.
The States Assembly voted to REJECT the Minister for Treasury and Resources' amendment to the proposition. 20 Members voted against and 20 voted in favour.
The States Assembly voted to APPROVE Senator Moore's proposition, unamended. 26 Members voted in favour, 16 voted against and one abstained.
Domestic Abuse Law
The Minister for Home Affairs proposed a new law to make domestic abuse a statutory offence. The Domestic Abuse Law would allow the courts to issue domestic abuse protection orders and require an individual convicted of domestic abuse or a similar offence to provide information to the police. It was proposed as amended by the Minister in the second reading.
The States Assembly unanimously voted to APPROVE the Minister for Home Affairs' proposition, as amended.
Swearing in of the Greffier
Mrs Lisa Hart was officially sworn in as the new Greffier of the States after the States Assembly unanimously approved her appointment on Thursday.
Urgent oral question
Senator Mézec asked the Minister for Treasury and Resources, Deputy Susie Pinel, the following urgent oral question: "Given the Assembly adopted the first amendment to the Government Plan 2022-25, which agreed to reduce the social housing rental cap from 90% of the market rate to 80% from 1st January this year, why does the new Memorandum of Understanding (published in R.56/2022) state that the rent policy is still to charge 90% of the market rate?"
To hear the Minister's answer and supplementary questions from States Members, skip to 10 minutes into this morning's States Meeting.
Return to public business
Allocation of 2021 Channel Islands Lottery proceeds
The Assistant Minister for Economic Development, Tourism, Sport and Culture, Deputy Morel, proposed to allocate the £977,709 of proceeds from ticket sales of the 2021 Channel Islands Lottery to the Association of Jersey Charities and Jersey Community Foundation. The Assistant Minister specified that proceeds allocated to the Association of Jersey Charities should be distributed solely to registered charities and, of proceeds allocated to Jersey Community Foundation, 40% should be for arts, culture and heritage; 40% for sports and active lifestyle; and 20% for applied science or applied research.
The States Assembly unanimously voted to APPROVE the proposition.
Public sector employment contracts
Deputy Higgins proposed that, from 1 September 2022, employment contracts for all States' employees should prohibit:
- Lying, obstructing, misleading or attempting to mislead a Minister, the States Assembly, Scrutiny or a non-Executive States Members about any aspect of the employee's work;
- Covering up any matter that could financially damage or disrepute the States of Jersey; and
- That the above should be punishable by termination of employment without any compensation or compromise agreements.
In addition, the proposition requested an independent review of disciplinary policies and procedures, and an amnesty by which employees can own up to any past lies, obstructions or misleading statements by 31 August 2022.
The States Assembly voted on part a, part b and part c of the proposition separately, all of which were REJECTED. In turn, part d and part e fell away.
Carbon Neutral Roadmap
To begin this afternoon's meeting, Assistant Minister for the Environment, Deputy Jess Perchard, asked the States Assembly to approve the Carbon Neutral Roadmap in response to the climate emergency and its likely effects on Jersey. The proposition also requested that, at the start of the next political term, the Chief Minister considers creating a Minister for Energy and Climate Change.
This was proposed as amended by the Environment, Housing and Infrastructure Scrutiny Panel's amendment, as amended by the Minister for the Environment.
Scrutiny's amendment requested that the Minister for the Environment or, if created, the new Minister for Energy and Climate Change, establishes an independent, scientific Climate Council to keep the Government of Jersey on track to meet its climate objectives.
The States Assembly voted to APPROVE the proposition, as amended. 35 Members voted in favour, and one voted against.
Collection of Parishes' green waste
The Connétable of St. Brelade proposed that green waste should be collected from households free of charge to the Parish, as part of the Parishes' dedicated household kerbside collection scheme. It was proposed as amended by the Minister for Infrastructure, meaning that Parishes would still be charged for the collection of commercial green waste.
The States Assembly voted to APPROVE the Connétable's proposition, as amended. 37 Members voted in favour and one abstained.
Compromise and non-disclosure agreements
Deputy Higgins withdrew his proposition requesting that legislation is introduced to prohibit the States Employment Board or any Government body from entering into compromise or non-disclosure agreements with any employee unless the agreement is signed off by the Comptroller and Auditor General (C&AG).
Technology Accelerator Fund
On behalf of the Council of Ministers, the Chief Minister proposed the establishment of the Technology Accelerator Fund to support the Island's future economy, speed up progress on environmental and social goals, and strengthen Jersey's technological eco-system.
The States Assembly voted to APPROVE the Council of Ministers' proposition. 28 Members voted in favour and 12 voted against.
The States Assembly has adjourned until Monday 9 May 2022, when it will meet for the final time of this political term to mark the 77th anniversary of Jersey's Liberation.
Watch a recording of this morning's States Meeting. A recording of this afternoon's meeting will become available shortly.
