States Assembly Annual Report 2013.

States Assembly

ANNUAL REPORT 2013

PRESENTED TO THE STATES BY THE PRIVILEGES AND PROCEDURES COMMITTEE

R.46/2014

CONTENTS

Foreword by the Bailiff of Jersey, President of the States

I am delighted to have been invited by the Chairman of the Privileges and Procedures Committee to contribute a foreword to this 8th Annual Report of the States Assembly.

The year saw a number of significant events. The saddest was of course the loss of one of our sitting members, the Connétable of Grouville , Dan Murphy. It was a particular shock because, although he had been ill for a while and unable to attend some States Sittings, there was no indication that his illness was of such gravity. He was a hardworking and much respected member of the States. He was also a popular Connétable of his parish, who achieved much in both aspects of his public life.

Another significant event was the celebration of the 350th anniversary of the award of the Mace. We were honoured to receive His Royal Highness the Earl of Wessex for the occasion, and the events of 17th September, including a special Sitting of the States in the Royal Square and the theatrical performance by members of the Youth Theatre, are well described in Section 2.3 of the Annual Report. I was particularly pleased subsequently to unveil a painting of the event by local artist Jason Butler. I think that he recaptured the spirit of the occasion superbly. It was fitting that the painting was unveiled 350 years to the very day from the presentation of the Mace to the Bailiff in the Royal Court on 28th November 1663. The painting now hangs in the Atrium of the States building as a wonderful reminder of a very special day.

The year also saw a number of significant debates, including the introduction of a Discrimination Law, new measures to control access to housing and work in Jersey, and  the  introduction  of  a  Long-Term  Care  Scheme.  The  States  sat  on  some 40 meeting days (excluding ceremonial meetings), which was an increase on 2012, but still short of the record 61 days in 2011. However, I suspect that most members of the public would say that it is quality rather than quantity which counts!

As ever, we all owe an enormous gratitude to the Greffier and his hardworking team for the invaluable support which they give to members. As President, I am particularly conscious of the expertise which they bring to bear.

Finally, this will be the last occasion upon which I shall have the privilege of writing this foreword, as I will have retired by this time next year. There will be other occasions to speak of this, but I would like to take this opportunity to thank all members for the courtesy and support which they have shown me throughout my time as Deputy Bailiff and Bailiff . This is something which I have very much appreciated.

Sir Michael Birt

Introduction by the Chairman of the Privileges and Procedures Committee

Deputy J.M. Maçon of St. Saviour

We  saw  a  small  increase  in  the  amount  of  time  that  States  members  sat  in  the Assembly in 2013. I believe this shows that many of the new members have more confidence in their role and are contributing more during their time in the Assembly. There has also been a slight increase in the number of private members' propositions, which demonstrates that members are keen to influence and change the way in which the public receive the services of government.

It was a very busy year for the executive, with various Ministers bringing significant changes to how public services operate. The new Comptroller and Auditor General was appointed, which  was welcomed by members, and she has keenly  begun to undertake her work. We also saw the establishment of the office of Minister for External Relations, demonstrating the need for Jersey to operate on the international stage with greater political dedication. Senator Sir Philip Bailhache was the first member to be appointed to this role.

The Electoral Commission completed its report in 2012 and a referendum was held in April 2013, in the form requested by the Commission, to establish the Public's view on possible options for the composition and election of the States. Members, by a majority, were unable to support the resultant changes proposed by the Privileges and Procedures  Committee,  which  would  have  implemented  the  preferred  option  as expressed  by  the  small  proportion  of  the  electorate  who  voted.  Subsequently,  a number  of  reform  options  were  debated  by  the  Assembly,  none  of  which  were adopted.  However,  the  States  Assembly  did  agree  to  hold  a  referendum  on  the Clothier proposals, 14 years after they were recommended.

The Committee of Inquiry into Historical Abuse was established. As a result of ill- health, Mrs. Sally Bradley, Q.C. was unable to take up the position of Chairman, and Mrs. Frances Oldham , Q.C. was instead appointed as Chairman of the Committee of Inquiry, with Professor Alexander (Sandy) Cameron, C.B.E. and Ms. Alyson Leslie as members of the Committee. This will be a very difficult time for the Island, whereby we will all need to pull together to support those in the community that need our help the most.

Finally, we were saddened to hear that Connétable Dan Murphy passed away on 25th July 2013, and his proud record is referred to in this report.

1. THE STATES ASSEMBLY

1. Introduction

2013 was the second full year for the new Assembly which had taken office in November 2011. After the quietest year for over 10 years in 2012, the number of Sittings  returned  to  a  more  normal  pattern  in  2013,  although  the  year  was  still considerably quieter than 2011, which had been the busiest year ever in the history of the Assembly.

Excluding the 2 special Sittings for ceremonial purposes, there were 40 meeting days for  ordinary'  business  in  2013,  which  compares  to  34 meeting  days  for  these purposes in 2012. The total is still, however, well below the average over the last 10 years, which is 46.7 Sittings per year.

The number of meeting days in every year over the last 10 years is shown below –

2. Membership

1. Death of Connétable Daniel Joseph Murphy of Grouville

All members were extremely saddened to hear the news on 25th July 2013 that a sitting  member,  the   Connétable  of   Grouville ,  had  passed  away  after  a  period  of absence from the Assembly due to illness. The Connétable had been a member of the States  for  nearly  10 years,  having  first  been  sworn  in  as   Connétable  on  19th September 2003. At the first Sitting after the summer recess on 10th September 2013, the Bailiff paid tribute to him in the following terms –

"Members will of course be only too well aware that since our last Sitting in July, we have lost one of our Members. I refer of course to the Connétable of Grouville , Mr. Dan Murphy. Although he had been absent from the Sittings of the Assembly for a while because of illness, I think it came as a considerable shock to all of us when he passed away on 25th July. Dan Murphy was born in Jersey on the first day of the Occupation and the midwife was apparently so concerned that he might be registered as a German national that she bicycled into town from La Rocque in order to register his birth immediately. In due course after leaving school, he followed a career in banking and then as a financial consultant. He was elected as Connétable of Grouville in 2003, following the retirement through ill-health of Mr. Frank Amy, and he clearly had the confidence of his parish, because he was re-elected as Connétable 3 times thereafter. He loved his parish and worked hard in its service. He was very proud of the parish in Bloom achievements, particularly in 2007 when the parish won national awards. He was also a strong supporter of the twinning arrangements with Portbail, and the respect in which he was held is shown by the fact that the Mayor of that town and several of his officials travelled all the way to Jersey in order to attend the Connétable 's funeral. His interests of course extended far beyond his parish. In the States, he made good use of his financial expertise. He sat on the Public Accounts Committee for some 3 years and on the Corporate Services Scrutiny Panel for some 7½ years up until his death. He also chaired the Tidal Power Steering Group, which reported in 2008. He was a strong advocate of the possibilities of tidal power and I have no doubt that his report will assist in due course in moving forward on issues of renewable energy. In 2012 he was elected to represent the States in the British-Irish Parliamentary  Assembly,  having  been  an  associate  member  since  2006,  and  he represented the Island at a number of conferences. It is clear that he impressed his colleagues in the Parliamentary Assembly and did Jersey proud. Following his death, I received a letter from the British Co-Chair of the British-Irish Assembly stating how he was, and I quote: "A valued Member of the Assembly" and how they would miss his contributions to their debates and activities. In the States, he was not one who spoke unnecessarily often, but when he did speak, he was capable of doing so in a very passionate and persuasive manner, and I am sure Members will recall the very moving and eloquent address which he gave on the occasion of Liberation Day back in 2012 last year. Very often former Members who die have been retired from the States for many years and have not therefore overlapped with current Members. That of course is not the case here, as we have lost one of our current Members. Everyone will have their own recollections of him as a friend and as a colleague, but I am sure we would all agree that we have lost a respected Member of the Assembly who served his parish and his Island with devotion and with distinction. The respect and affection in which he was held by so many was shown by the packed church at his funeral. So on behalf of Members I express our condolences to his wife, Dawn, his daughter, Cara, and I ask Members to rise with me for a few moments in his memory."

2. Connétable John Edward Le Maistre

Following the death of Connétable Murphy, a by-election was held in the parish of Grouville on 2nd October 2014, and Mr. John Edward Le Maistre was elected, having polled 1,001 votes against Mr. Charles Dix, who polled 442. The new Connétable , who is the son of former Connétable (Charles) Alan Le Maistre of Grouville , was sworn to office on 4th October 2013 and first sat in the Assembly the following week.

3. Length of service and average age of members

At  the  end  of  2013,  the  average  length  of  service  was  10.1 years  for  Senators, 8.6 years for Connétable s and 7 years for Deputies. The average length of service across the 3 categories of member was 7.96 years.

On  17th June 2013,  the  longest-serving  member  of  the  Assembly,   Connétable L. Norman  of   St. Clement ,  completed  exactly  30 years  as  an  elected  member. Connétable Norman is the only member of the current Assembly to have served as a Deputy , a Senator and a Connétable . At the sitting of 18th June 2013, Assistant Chief Minister,  Senator  P.F. Routier,  congratulated  the   Connétable  of   St. Clement  on reaching  this  milestone  and  the   Connétable ,  with  his  customary  good  humour, thanked members and commented that "I must have done something extremely bad in a previous life".

The overall average age of elected members of the Assembly at the end of 2012 was 56 years, with the average age being 57.4 for  Senators, 60.6 for Connétable s and 53.8 for Deputies. Members ranged in age from 26 to 71 years old.

The elected membership of Assembly throughout 2013 was comprised of 39 male and 12 female members.

4. Tribute to Mr. R.J. (Dick') Shenton O.B.E., K.S.G

Mr. R.J. (Dick') Shenton O.B.E., K.S.G passed away on 2nd January 2013 and, in the customary manner, the Bailiff paid tribute to him in the following way when the Assembly met for the first time after the Christmas and New Year recess on 15th January 2013 –

"I suspect that there is no-one in the Island who does not know that the former Senator Dick Shenton died on 2nd January at the age of 86. Much has already been said and written about him, and the many who attended his funeral on Friday heard moving and well merited tributes from his son Ben and from Monsignor Nicholas France. Breaking the mould by not standing first for Deputy , Dick Shenton was elected to the States as a Senator in 1969. Despite that being the first time he had stood for election, he topped the poll, as he was to do in the next 3 elections in which he stood. He served a continuous total of 30 years as a Senator, retiring in 1999 before coming back for a further period of just over a year in 2004 following the resignation of the late Senator Lakeman. During his time in the States, he was entrusted with the presidency of many committees. These included Health and Social Services, Defence, Establishment, Agriculture and Fisheries, Constitution in the Common Market, Island Development, Resources Recovery Board, Tourism, Broadcasting and Postal, as well as some committees of inquiry and special committees to look into various matters. He  made  his  mark  at  almost  all  of  these.  At  the  I.D.C.  (Island  Development Committee), he was said by the Bailiff of the day, Sir Frank Ereaut, to have put a human face on planning and at Defence, which he assumed at a time of crisis because of criminal prosecutions involving senior police officers, he rapidly restored public confidence in the police. He was one of the most powerful orators that this Assembly has ever seen. He had, of course, great physical presence, but he was much more than that. He would invariably speak without notes and he would speak from the heart. He felt passionately about matters and this came across in the way he spoke in the Assembly. His audience would be swept up in what he was saying, even if they did not instinctively agree with him. There is no doubt that he carried the day in the States on many occasions simply through the power of his oratory. Those of us who had the privilege of hearing him in full flow will long remember him. He certainly felt things strongly and he liked to have his say. I enjoyed Ben Shenton's description of political discussions of the Shenton family as being rather like a States debate where the Bailiff has completely lost control  [Laughter], but oratory is no good if there is no underlying purpose to it. There was certainly purpose in Dick Shenton's case. He loved his Island passionately and he wanted to do his best for it, and he was willing to stand up to anyone to defend its interests. A classic example of this was the incident at the Home Office. It was mentioned in the Jersey Evening Post recently, but I think it bears repeating. He was part of a delegation of Jersey politicians which was attending the Minister at the Home Office with responsibility for the Crown Dependencies. As the delegation entered, the Minister sat down, undid his watch and ostentatiously placed it on the table in front of him. Now many might have been put off by this clear indication that the Minister was a busy man who had limited time, but not Dick Shenton. He responded immediately by saying that the delegation had travelled all the way from Jersey to discuss a matter which was important to the Island, and if the Minister did not have sufficient time to deal with it that day, they would leave and return another day when he did have sufficient time. The Minister was, of course, immediately shamed into retreat and the meeting progressed without time limit. Dick Shenton's other abiding political belief was the need to stand up for the ordinary Jersey man and woman. His entire political career was underpinned by this desire. As Ben Shenton mentioned also in his address at the funeral, there was regularly a queue of people waiting to see him in his office and he invariably did his best to help them. During his time in the States, he lodged some 150 propositions in his own name, many aimed at helping those whom he felt had suffered a raw deal. For his services to the Island and to charity, he was awarded an O.B.E. and also made a Knight of the Holy See for his services to the Catholic Church, but much of what he did was unsung. I was told the other day of an occasion where an 8 year-old girl from the U.K. (United Kingdom) had lost both her legs after illness, and the suggestion was made that she and her family should come to Jersey for a holiday. An approach was made to Dick Shenton to see if he could help. He worked behind the scenes and he managed to arrange everything free of charge: hotel accommodation, hire car, entry to the Island attractions, and so on. He was there to meet the girl and her family on their arrival at the airport, but he made it clear he did not want any public acknowledgement of what he had done. It was a typical example of the way that he would help other people. The Island has lost a charismatic politician who gave much of his life to serving his Island. His devoted wife Jill and his family can be justifiably proud of what he achieved and our thoughts are with them at this time."

5. Appointment of new Deputy Viscount

Following the retirement of Mr. Peter de Gruchy in 2012, members welcomed the newly-appointed Deputy Viscount, Advocate Mark Harris , who soon became a familiar face to members as he bore the Mace at the start of States meetings and at ceremonial occasions.

2. MEETINGS OF THE STATES

1. Number of meetings

As mentioned above, the Assembly met on 42 days in 2013, which was an increase of 6 days when compared to 2012. The 42 meeting days were made up of 20 scheduled Tuesday sittings, 20 continuation days on the following Wednesdays and Thursdays and  2 ceremonial'  meetings  (Liberation  Day  and  the  special  meeting  on  17th September 2013 to welcome His Royal Highness the Earl of Wessex).

2. Length of meetings

The Assembly sat for a total of 223 hours, 35 minutes in 2013, just over 40 hours longer  than  in  2012.  The  2 ceremonial  meetings  lasted  for  36 minutes  in  total, meaning that the Assembly spent 222 hours, 59 minutes on ordinary' business.

There were no meetings in August, and 128 hours, 31 minutes of the time for this ordinary  business'  took  place  during  the  First  Session  (January  to  July),  and 94 hours,  23 minutes  during  the  Second  Session  (September  to  December).  The busiest month was December, when the Assembly sat for 34 hours, 43 minutes. The allocation of time throughout the year is shown on the following chart –

3. Special States meeting to celebrate the 350th anniversary of the Mace

On 17th September 2013 His Royal Highness the Earl of Wessex visited Jersey to undertake  a  number  of  official  engagements  and,  as  part  of  his  visit,  the  States convened in the Royal Square, where a special dais and seating had been laid out to recreate the shape of the States Chamber. The meeting was called to mark the 350th anniversary of the presentation of the Royal Mace to the Bailiff of Jersey in 1663 by His Majesty King Charles II.

The day began with heavy rain and until mid-morning there was some uncertainty about whether it would be possible to hold the States meeting outside, but with the weather forecast to improve, the decision was taken to go ahead. The decision proved to be the correct one as the rain stopped shortly before the arrival of His Royal Highness and held off until after the special Sitting was concluded.

The  formal  proceedings  of  the  Assembly  were  preceded  by  a  short  theatrical performance by young performers who told the story of the visits of King Charles II to Jersey after the execution of His father King Charles I, and music was performed by the Musical Original Singers.

After the theatrical performance, the Bailiff and His Royal Highness, preceded by the Mace and the Seal and accompanied by His Excellency the Lieutenant-Governor, the Greffier of the States and the Deputy Greffier, processed into the recreated States Chamber and the Sitting was opened in the usual way with roll call and prayers. The Bailiff then presented a Loyal Address to His Royal Highness in the following terms –

The Bailiff , Sir Michael Birt, presenting the Loyal Address at the special Sitting of the States (photograph courtesy of Kay Tremellen-Frost)

"Your Royal Highness

On behalf of the people of Jersey and the members of the States Assembly, I welcome  you  most  warmly  to  our  Island  which,  as  you  know,  is  the southernmost  part  of  the  British  Isles  and  therefore  the  warmest  and  the sunniest. We have convened this special meeting of the States in your honour to celebrate our loyalty to the Crown and to mark the gift to the Island of the Royal Mace by King Charles II almost 350 years ago.

It  is  very  appropriate  that  you  should  join  us  today  on  17th  September, because it was on this very day in 1649 that King Charles II himself arrived in Jersey from France. He wore mourning black in memory of his late father and of course, at the time he had no regal status in England. He was a fugitive and indeed had already sought refuge in the Island in 1646.

But the people of Jersey were in no doubt about the true identity of their visitor. Jean Chevalier – the Samuel Pepys of Jersey history – recorded in his diary, as though it were a perfectly ordinary event –

"Monday  17th  September –  The  King  of  England,  Charles  II  arrived  in Jersey."

Of course the arrival was anything but ordinary. A huge entourage – 300 people, more than 120 horses, with carriages and wagons – landed in the Island to support the relocation of the Royal Household.

But it is not surprising that the people of Jersey immediately recognised him as their King because, seven months earlier, on 17th February 1649, when the death of King Charles I had been confirmed, the Bailiff , Sir George Carteret, instructed the Viscount to read out, in this very Square, a Proclamation declaring Prince Charles as King. It was in many ways a very courageous act. Support for the Monarchy was now a capital offence. Cromwell was in control in England and was a powerful man. His forces would later attack and subjugate the Island and he was unlikely to look kindly on those who had publicly opposed him. Yet the words of the Proclamation give no hint of diffidence or timidity. It began as follows –

"Whereas the rebels have by a horrible outrage laid violent hands on the person of King Charles I of glorious memory, by whose death the Sovereign Crowns of the Kingdoms of England, Scotland, France and Ireland belong to and wholly and legally devolve upon His Highness the Very High and Puissant Prince Charles."

It went on to proclaim Prince Charles as King Charles II and prayed that he would be established and confirmed in all his just rights.

The Proclamation was accompanied by trumpet and drums and the roar of cannon fire from Elizabeth Castle. Chevalier, who lived in a house overlooking the Square, noted the reaction of members of the watching crowd – they threw their hats into the air and spontaneously took up the cry "Long Live Charles II".

The  Proclamation  was  also  read  at  Elizabeth  Castle  and  at  Mont  Orgueil Castle in the days that followed. Then it was brought back here and was nailed to the door of the Royal Court building, so that people might know of their new King.

Reverting to his arrival 6 months later in September 1649, Charles II was to spend nearly 5 months in Jersey, living at Elizabeth Castle, but travelling regularly from the Castle to St. Helier where, as we have heard, he attended St. Helier Parish Church and undertook a number of formal duties.

When he was restored to the throne in 1660, King Charles did not forget the courage of the Islanders in proclaiming him King and sheltering him twice. He ordered that the Royal Mace, which is before you today, should be presented to the Bailiff in recognition of the service shown to the Crown during the Civil War. The Mace was officially received in the Royal Court the following year, on 28th November 1663, and the stirring inscription which we have just heard resonates for us today, as it must have done for Islanders at the time of the restoration.

Sir, we are as proud today of our links with the Crown as Bailiff Carteret and his fellow signatories to the Proclamation were in the 17th Century. The Mace is a perpetual reminder of this connection.

The last occasion upon which the States met in the Royal Square was a little more than 12 months ago during Her Majesty's Diamond Jubilee celebrations, when Their Royal Highnesses the Prince of Wales and Duchess of Cornwall were our honoured guests. That ceremony was part of a programme of events in which thousands of Islanders participated, rejoicing at the reign of Her Majesty Queen Elizabeth II and recalling with affection her 6 visits to Jersey.

On this special day, we celebrate the 350th anniversary of our gift from King Charles II and an unbroken link with the Crown which stretches back so many centuries. We, the States and people of Jersey, wish to take this opportunity of reaffirming our loyalty to Her Majesty and to the Royal House of Windsor. We respectfully ask that you might convey these sentiments to Her Majesty on our behalf.

Now,  Sir,  may  I  invite  you  to  unveil  a  plaque  to  commemorate  the Proclamation made on 17th February 1649."

His Royal Highness the Earl of Wessex addressing the States Assembly (photograph courtesy of Kay Tremellen-Frost)

H.R.H. the Earl of Wessex responding to the Bailiff 's Loyal Address (photograph courtesy of Kay Tremellen-Frost)

His Royal Highness the Earl of Wessex responded in the following way – "M  r. Bailiff ,

"M  r. Bailiff , thank you for your kind words of welcome and your loyal address to Her M ajesty The Queen. I will ensure to convey your words and sentiments which will, I can as sure you, be received with gladness and humility as you would expect.

La st year was indeed a most special year, as to some extent is this year, celebrating Her M ajesty's Diamond Jubilee and now 60th anniversary of her coronation. The outpouring of  support and respect was truly humbling to behold for those of us lucky enough to have be en a part of it. The Prince of Wales and the Duchess of Cornwall I know enjoyed their vi sit here last year as part of a concerted effort by Her Majesty's family to try to ensure th at every Realm, Territory and, of course, Crown Dependency received a visit and to fe el included in the celebrations.

Mp ayrt icwipifaet inagn din aI vhaardie ttyh oe f portihveirl evgies itsto a nvdi seivt e9n tRs.e Malmy so vaenrrdid iTnegr rimitoprrieesss ioasn wwaesl lt haast e veryone realised they were witnessing and living through an historic moment, for in a

th ousand years of our Monarchy this is only the 2nd Diamond Jubilee.

Tre ocdoauyn twineg atrhee mevaerknitns go fa 3ra6t4h eyre adrisf faegreon tto, btuhte edqauya lalnyd h tihsteo rciicr cmumomsteanntc.e Ts hwahnikc hy oleud f otor tthh ee porreigseinn taotfi otnh eosfe thwiso nwdoenrfduelrlfyu lo crneraetem osynmialb omlsa coef. Ir oayma ln oaut tshuorrei tiyf ywoaus' rae amweadriea,e bvuatl c lose  quarter  weapon  or  battle  hammer.  I  believe  this  has  been  a  recurring  joke

b etween my father and the Viscount and how it is carried!

A lthough the idea of a club as a weapon has been around for a very long time, the b attle hammer or mace became particularly important with the development of armour. Ihot ac wncudaplsea dna,lt l' swv meerioygv hwetemedle l nmut naoscre eai,nt idnhegoe wda erkvenneirdg,e hrtc ,to hbueulmdt huienn frcleoimcnts acienioneuodsu .fg aThihr liyds a ibmmeaipngrgee gthntoea bplrreei.sm tArai rcsyth aotihrmte-

a s ransoming a captured knight was far more valuable than killing them!

Smbhra eeuloallcmsyrhtei enrewt.gfs f eKepaacnonptiidiognv nhteos t vf sdow eerorfe eftrt hnehcec eoioeirur f itrmneas nreeam n twc,oh luoseoor rs ec ett h ohqto heuii ecdaciererat nreoortrfiy wf biytnnah g ttetdh l oeieKsf.m t iWian n gigmin'tush ai t schabhee oil nidwttgyhtil gitecheu ke maa mrnbodb lf e aeambplslap iststr thholoeempn yr aei atnnchtdtoee ut ihpcrl derroosy hvwb ciieenod l uetdoh lsdnae, a lso be carried by the King's officers and emissaries signifying the importance of the

th e top was a simple way of proving their royal authority.

T his practice developed and is still evident today with a variety of individuals who c arry batons, staffs or indeed maces to signify their authority and from whom it is d elegated. By far the most elaborate and impressive are those like the one you have h ere in Jersey, to signify the delegation of royal authority to the States Assembly. H aving told you all this, please do remember it was a very long time ago that maces w ere last used as weapons and I certainly do not want to hear that any member of the S tates Assembly has been testing  your Royal Mace's effectiveness at resolving a d isagreement! As the saying goes: please don't try this in your own parliament'!

Mo ffri.c Be'asi lirfefc, oIr dbse lideovne' tt hqisu iitse mseye m4t ht oo rt aplloys swibiltyh 5mthy vriesciot ltloe cytioounrs l–o vaelltyh oIusglahn dI –h amvye e xperienced better weather. As ever, I have been made to feel most welcome and have

p articularly enjoyed visiting some of your finest gardens on this occasion. It is good to solie ffe et hthsekasietl ltIshs elaa Dnnddu sk pear naodcf t tiEhcdaaitln ybeoxuuprngehgri 'epsn eAcoewpsl aers daor cevo eannltucinaobuuleresa gtioend p talhaneydi r a s ufsupigtpunorireftisec.d a nMtto ap ayac rhtI iientva kteh ete h tlohisfiees

opportunity to thank all those volunteers who support not only the D. of E., but also th e myriad of other organisations and programmes vital to our society without whose h elp  and  enthusiasm  simply  couldn't  function –  some  of  whom  I'm  glad  to  see a ttending this event.

Ayreo tlutiesrnh Rd yionoygua rl t rhMeilsaa tscipoee nhcsaihasil p b mweeeinteh ti anT gwh eoo nfQ dutehereef unSl ateanxtdep sew rAiiteshns ceyemo uabrnl ydm aothnneda rfccaheclyte btihsr aatttr iunylgoy u 3h 5ecao0rn tyteiennaiurnseg .ot ofI kn ow I can speak on behalf of Her Majesty in saying thank you and may God Bless the

pe ople of these beautiful Islands of the Bailiwick of Jersey."

After  the   Bailiff  had  adjourned  the  meeting  of  the  States,  he  invited  His  Royal Highness to meet some of the groups attending the ceremony, and these included the choir, musicians, theatre performers, cadet youth groups and many schoolchildren, as well as members of the public who had come into the Royal Square to witness the Royal visit.

The anniversary of the Royal Mace and the special Sitting held in the Royal Square were the subject of a special painting by Jason Butler that was commissioned to commemorate the day. The painting was unveiled on 28th November 2013 and is now on public display in the atrium in the States Building.

4. Allocation of time

The total of 222 hours and 54 minutes during the 40 meetings for ordinary business was broken down as follows –

As can be seen, the overall increase in sitting hours in 2013 when compared to 2012 came almost exclusively through an increase in the time spent on debates in Public Business, with little significant change in the time spent on other matters.

5. Oral Questions with notice

Oral  questions  with  notice  can  be  answered  at  any  scheduled  meeting  of  the Assembly, but not during continuation days unless they are approved by the Bailiff as urgent questions. There was only one urgent questions asked during 2013, which was asked of the Minister for Economic Development on 19th November 2013 and which related to the decision of the airline Flybe to close its Jersey base.

A total of 305 oral questions with notice and the one urgent question were answered during the year, with 8 other questions that had been listed on the Order Paper not being answered because the 2 hour period allocated had expired. The total time spent answering the 306 questions with notice was 36 hours and 35 minutes, meaning that an average of 7.2 minutes was spent on each one, the same average time as in 2012.

The  breakdown  of  Ministers/Committees  and  others  with  official  responsibility answering  the  oral  questions  with  notice  (including  the  urgent  question)  was  as follows –

6. Oral Questions without notice

Following the period of oral questions with notice at every scheduled States meeting there is a period of 30 minutes set aside for oral questions without notice to Ministers. Two Ministers answer for up to 15 minutes each on a rota basis, with the Chief Minister answering at every other States meeting. A total of 10 hours and 19 minutes was spent on oral questions without notice during the year.

Ministers answered as follows –

If there are not enough questions asked by members to fill the initial 15 minute period, the balance of the first 15 minutes is added to the 15 minutes allowed for the second question period, and this can create discrepancies in the amount of time that Ministers spend answering questions without notice during the year.

The actual time Ministers spent answering questions without notice (QWN) during the year was as follows –

7. Written questions

Each  member  of  the  States  is  able  to  submit up  to  5 written  questions  for  each scheduled States meeting, and there were 389 written questions answered in 2013 – an increase of 34 over the 2012 total of 355. The busiest Sitting for written questions was 19th February 2013, when 36 were submitted for answer.

The breakdown of Ministers, Panels, Committees and others answering the written questions was as follows –

8. Statements

There was again a reduction in the number of statements made in 2013, with only 13 being made, compared to the 2012 total of 20 and the 2011 total of 39. The statements and the period of questioning of up to 10 minutes that follows official statements lasted for a total of 3 hours and 24 minutes, meaning that each statement and questions took an average of 15.7 minutes.

Eleven of the statements were made by Ministers and other officeholders on matters of official responsibility and 2 were personal statements.

The breakdown of those making statements was as follows –

9. Public Business

As expected, the amount of time spent on public business, namely 158 hours and 2 minutes, dominated the total Sitting hours and represented 70.7% of the total Sitting hours of the Assembly.

The  total  number  of  propositions  debated  during  the  year  was  155,  which  was 24 more than the 2012 total of 131.

The breakdown of the number of each type of proposition debated during the year was as follows –

The total time spent on the various categories of proposition, the percentage of the total time, and the average time spent per proposition in each category is shown in the following table –

Total time  % of  Average total time  time per

projet  Private members' policy matters  42h 12m  26.7%  1h 30m Ministers' policy matters  38h 42m  24.5%  1h 36 m Laws  19h 3m  12.1%  54m Medium Term Financial Plan/Budget  17h 36m  11.1%  17h 36m Regulations  17h 22m  11.0%  25m Legislative Acts (including Appointed Day Acts)  10h 25m  6.6%  1h 3m In Committee' debate  5h 46m  3.6%  5h 46m PPC/Comité des Connétable s policy matters  3h 11m  2.0%  1h 4m Appointments  2h 51m  1.8%  8m No confidence/dismissal/censure  32m  0.3%  32m Standing Orders  17m  0.2%  9m Petitions  5m  0.1%  5m TOTAL  158h 2m

(It is of note that some 9½ hours were spent on 19th and 20th February 2013 debating the draft Referendum (Reform of the States Assembly) (Jersey) Act 2013, and this significantly impacted on the average' figure for Legislative Acts above.)

It is of interest to note that propositions brought by private members took more time than ministerial policy propositions and once again the States of Jersey, as the Island's legislature, spent only 29.9% of total debating time on legislation.

If the time spent in debates is divided into 4 broad categories, namely –

1. legislation,
2. ministerial policy and appointments,
3. private members' business, and
4. other[1],

the percentage of time spent on each can be illustrated as follows –

The number of propositions lodged au Greffe' during any year will always differ from  the  number  of  propositions  debated,  as  some  propositions  that  are  debated during the year have been lodged in the last few months of the previous year and, similarly,  some  propositions  lodged  during  a  year  will  not  be  debated  until  the following  year.  In  addition,  there  are  a  quite  significant  number  of  propositions lodged that are never debated as they are withdrawn before coming to the Assembly. The number of propositions lodged during the year is nevertheless a useful indication of the level of activity and can be compared from year to year.

During 2013, 171 new propositions were lodged, which is 33 more than the 2012 total of 138.  The  breakdown  into  the  different  types  of  propositions  lodged  was  as follows –

2013  2012 Private members' policy matters  40  22 Regulations  40  32 Laws  27  19 Ministers' policy matters  26  23 Appointments  19  26 Legislative Acts (including Appointed Day Acts)  9  8 PPC/Comité des Connétable s policy matters  4  3 Standing Orders  3  2 No confidence/dismissal/censure  2  1 Medium Term Financial Plan/Budget  1  2 TOTALS  171  138

The following table shows those responsible for lodging the 171 propositions –

Any proposition lodged can be subject to amendment and, in turn, amendments may be  subject  to  amendment  to  amendments.  The  total  number  of  amendments  and amendments to amendments lodged during 2013 was as follows –

2013  2012 Amendments  49  34 Amendments to amendments  7  6 TOTALS  56  39

10. Significant debates during 2013

As stated in previous Annual Reports, it is clearly a subjective judgement for anyone to attempt to identify the most important or significant items debated by the Assembly during the year, as the relative importance of matters will depend largely on every person's personal and political opinions, but some of the items discussed by the Assembly that may be considered as the most significant for the Island were as follows.

Appointment of Comptroller and Auditor General

Following the resignation of Mr. Chris Swinson, O.B.E. as Comptroller and Auditor General in June 2012, the States appointed Ms. Karen McConnell as the new Comptroller and Auditor General from 1st February 2013.

Reform of the composition of the States

The Electoral Commission appointed by the States in 2012 presented its final report in January 2013 and proposed that the composition of the States should be amended by establishing an Assembly of 42 members. The Commission proposed 2 options to achieve this number, both of which involved losing the Island-wide senatorial position. Option A' proposed dividing the Island into 6 large areas and electing 7 Deputies in each, with the Connétable s losing their automatic right to sit in the States; Option B' proposed dividing the Island into the same 6 large areas and electing 5 Deputies in each, but keeping alongside these large areas the 12 Parish Connétable s as members of the Assembly as at present. The States agreed that a referendum on the 2 options, together with Option C' which was to retain the status quo, should be held on 24th April 2013. The referendum was held using the Alternative Vote (AV) system and Option B' gained the most support after the reallocation of the second preference votes for Option C' which was eliminated after the first count. The Privileges and Procedures Committee brought forward for approval legislation to establish the Option B' structure, but the legislation was not approved by the Assembly, and as a result the referendum result was not implemented. Several further attempts to agree reform of the composition of the Assembly were subsequently brought forward for debate, but none was successful, although the Assembly did agree that a further referendum on reform options should be held on the same day as the general election in October 2014.

Committee of Inquiry into Historical Abuse

In March 2013 the States formally approved the establishment of a Committee of Inquiry to investigate historical abuse in Jersey and agreed the terms of reference of the Inquiry. Later in the year, the Chairman and members of the Inquiry, all from outside the Island, were also appointed, and the Inquiry will begin work in 2014.

New planning appeals system

Following the adoption of a proposition brought by Deputy J.H. Young of St. Brelade , the Minister for Planning and Environment was requested to bring forward for approval proposals for a new planning appeals system to replace the requirement for such appeals to be heard by the Royal Court. The States subsequently agreed the details of a suggested new system proposed by the Minister, even though the final proposals were somewhat different from those initially put forward by Deputy Young.

Control of Housing and Work legislation

The States agreed to bring into force the new legislation to control access to housing and work in Jersey (which replaced the Housing Law and the Regulation of Undertakings and Development Law), together with the associated Register of Names and Addresses.

Jersey Innovation Fund

The Jersey Innovation Fund is a new initiative which was approved by the Assembly to stimulate economic growth by providing start-up' funding for new enterprises in Jersey. An initial sum of £5 million was made available for the Fund, which will be managed by an independent Board.

Discrimination Law

After many years of discussion, the draft Discrimination Law was approved by the Assembly. The Law initially covers discrimination on grounds of race, but it is also an enabling Law that will allow further forms of discrimination to be brought within its scope in due course.

Reform of Social Housing

In July the States agreed in principle to major reforms to the way in which social housing is provided in Jersey. Under the proposals, the social housing currently managed by the Housing Department will be transferred to a new company limited by guarantee that will be 100% owned by the States, but overseen by an independent Board of Directors. Housing policy will be developed by a new Strategic Housing Unit located in the Chief Minister's Department under the political oversight of the Minister for Housing.

Succession to the Crown

Following the decision of the Heads of Government of the Commonwealth Realms that the laws of succession to the Crown should be amended to remove the male primogeniture rule and to remove the bar on anyone who had married a Roman Catholic becoming monarch, the States of Jersey enacted the Succession to the Crown Law, which was the first time that the States had passed legislation concerning the ability of a person to succeed as monarch with authority over Jersey.

Minister for External Relations

In September the States agreed to create an 11th ministerial office by establishing a new post of Minister for External Relations. Senator Sir Philip Bailhache , who had been responsible for external relations since November 2011 as an Assistant Minister, was appointed to the new post on 24th September 2013.

Public Elections Law amendments

Following the publication of the report of a Public Elections Sub-Committee of the Privileges and Procedures Committee, the States agreed in principle to make a number of changes to legislation governing public elections to facilitate voter registration and voting. The amendments will be formally debated in 2014, so that the changes can be in place for the 2014 general election in October.

Long-Term Care scheme

The Minister for Social Security brought forward proposals and associated legislation to establish a new long-term care scheme. The scheme establishes a new fund which will be used to offset the costs of long-term care for elderly residents and others who require long-term care.

Budget 2014

The annual Budget debate took place in December, and in addition to the measures of income and taxation included proposals to use money from the Strategic Reserve Fund (colloquially known as the Rainy Day Fund') for the building of the proposed new Hospital, and also included proposals for borrowing of up to £250 million to fund the provision of social housing in Jersey. The Budget debate was the longest of the year, lasting for just over 17½ hours in total.

3. PRIVILEGES AND PROCEDURES COMMITTEE

1. Membership

The membership of the Privileges and Procedures Committee (PPC) until 16th July 2013 was as follows –

Connétable A.S. Crowcroft of St. Helier (Chairman) Deputy M. Tadier of St. Brelade (Vice-Chairman) Senator S.C. Ferguson

Senator Sir P.M. Bailhache

Connétable L. Norman of St. Clement

Deputy J.A. Martin of St. Helier

Deputy K.L. Moore of St. Peter .

The States, on 16th July 2013, accepted the resignation of the Connétable of St. Helier as the Chairman of the Privileges and Procedures Committee.

On  18th  July  2013,  the  States  appointed   Deputy  J.M. Maçon  of   St. Saviour  as Chairman, and on the same date, the following Members were appointed to serve on the Committee –

Senator B.I. Le Marquand Connétable L. Norman of St. Clement Deputy J.A. Martin of St. Helier Deputy M. Tadier of St. Brelade Deputy J.H. Young of St. Brelade Deputy K.L. Moore of St. Peter

The Committee, on 22nd July 2013, appointed Deputy M. Tadier of St. Brelade as Vice-Chairman.

On 24th September 2013, the States noted the resignation of Deputy K.L. Moore of St. Peter as a member of the Privileges and Procedures Committee (Chairmen's Committee representative).

On 24th September 2013, the States appointed Senator S.C. Ferguson as a member of the Committee (Chairmen's Committee representative).

2. Meetings

The Committee held 17 formal meetings during the year and recorded another 13 meetings as telephone/electronic-mail meetings. Meetings were normally held on a monthly basis in the meeting rooms in the States Building.

3. Significant items dealt with by the Committee

The Committee dealt with a number of different matters during the year. Some of the most significant of these were as follows –

• Reform of the States Assembly. Following the referendum on the recommendations of the Electoral Commission, the Committee lodged the Draft States of Jersey (Amendment No. 7) Law 201- (P.64/2013), which proposed the implementation of the reform option that had received the most support in the referendum. The proposition was rejected by the States and the Chairman of the Committee resigned. The States subsequently adopted part (b) of the proposition of Senator B.I. Le Marquand entitled: "Referendum on States reform: outcome" and charged the Committee with seeking alternatives for the reform of the Assembly. The Committee's resultant reform proposal was rejected by the States, as were a number of other proposals for reform that were lodged by individual members. The States did, however, agree that the Committee should bring forward a Referendum Act for a referendum to be held on election day in 2014, to ask whether the automatic position of the Connétable s in the States should be retained, and whether the recommendations of the Report of the Review Panel on the Machinery of Government in Jersey (the "Clothier Report") that the States Assembly should be comprised of a single category of members elected on a parish basis, should be implemented. The Committee commenced work on drafting instructions for the Act, which will be lodged in 2014.
• Public Elections (Jersey) Law 2002. A Sub-Committee, under the chairmanship of Deputy J.A. Martin of St. Helier , reviewed the operation of the Public Elections (Jersey) Law 2002 and made a number of recommendations to PPC. In the light of the recommendations, the Committee proposed a series of amendments to the legislation and administration of public elections, which were adopted by the States in November 2013. Law drafting has commenced in respect of the proposed amendments, which will be considered by the Committee in 2014.

• Standing Orders Sub-Committee.  The Sub-Committee, under the chairmanship of Senator S.C. Ferguson, reviewed Standing Orders during 2012 and made a number of recommendations to PPC, the majority of which it agreed to take forward for law drafting. The draft amendments to Standing Orders will be considered by the Committee in 2014.
• Machinery of Government review. The Sub-Committee, chaired by the Committee's Vice-Chairman, Deputy M. Tadier of St. Brelade , presented its interim and final reports to the States during 2013. The recommendations were discussed by the States during an in-Committee debate, and a Steering Group consisting of the Chairman and Vice-Chairman of PPC, the Chief Minister and the President of the Chairmen's Committee, was established in order to take forward the recommendations. The outcome of the Steering Group's work will be considered by the Committee in 2014.
• States Members' Remuneration Review Body. The recommendations of the Review Body in relation to the remuneration of elected members for 2014 were presented to the States by the Committee. The Committee is grateful for the work of the Review Body, which is carried out in an honorary capacity.
• Open ballots. Following the adoption by the States of a proposition of Deputy T.M. Pitman of St. Helier , the Committee lodged an amendment to Standing Orders that was adopted by the States to provide for open ballots for the election of the Chief Minister, Ministers and Chairmen of Committees and Panels.
• Code of Conduct for Elected Members. The Committee received a number of complaints under the Code of Conduct for Elected Members, and dealt with these as required under the procedures set out in Standing Orders. Following the review of the Code of Conduct that was undertaken in 2012, the Committee proposed that the post of Commissioner for Standards should be established. The proposition was adopted by the States and the Committee has commenced work on the detailed functions of the role.
• States of Jersey Complaints Panel. The members of the independent Complaints Panel continued to review the actions of ministerial departments referred to them by complainants throughout 2013. In October, 6 new members were appointed to the Complaints Panel in order to increase the pool' of persons from whom Complaints Board members could be selected. The Committee extends its thanks to the members of the Panel, who carry out their work in an honorary capacity.
• Members' facilities and the use of I.T. The Committee continued to keep the facilities made available to members under review during 2013. Following the completion of a successful trial period, the States adopted the Committee's proposition to amend Standing Orders to allow electronic devices to be used in the States Chamber, provided that they did not disturb the proceedings or impair decorum. The Committee also worked with Information Services to come to an arrangement that will enable States members to use their own electronic devices to carry out their States work from January 2014.