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States Minutes 24th June 2003

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THE STATES assembled on Tuesday, 24th June 2003 at 9.30 a.m. under

the Presidency of the Bailiff ,

Sir Philip Bailhache .

His Excellency the Lieutenant Governor,

Air Chief Marshal Sir John Cheshire, K.B.E., C.B., was present.

All members were present with the exception of –

S enat or Frank Harris on Walker – ill

F r ancis Herbert Amy, Connétable of Grouville – ill Mi chael John Touzel, Connétable of St. John – ill.

Prayers

Connétable of St. Martin – re-election

The Bailiff , on behalf of all members, congratulated Mr. John Baudains Germain on his re-election as the Connétable of St. Martin.

Economic Development Committee – constitution

THE STATES, in accordance with Article 28(2)(b) of the States of Jersey Law 1966, as amended, and on a proposition of Deputy Francis Gerald Voisin of St. Lawrence, President of the Economic Development Committee, determined that the Economic Development Committee should, henceforth, consist of the President and five other elected members of the States.

Members present voted as follows –

"Pour" (46)

Senators

Le Maistre, Syvret, Kinnard, Le Sueur, Le Claire, Lakeman, Routier, M. Vibert , Ozouf , E. Vibert . Connétable s

St. Martin, St. Ouen, St. Saviour, St. Brelade, St. Mary, St. Peter, St. Clement, St. Helier, Tri St. Lawrence.

Deputies

Trinity , Duhamel(S), Breckon(S), Huet(H), St. John, Le Main(H), Dubras(L), Dorey(H), Troy (B) Voisin(L), Scott Warr en(S), Farnham (S), Le Hérissier(S), Fox(H), Bridge(H), Martin(H), Southern (H) Bernstein(B), Ferguson(B), St. Mary, St. Ouen, Ryan(H), Taylor (C), Grouville , St. Peter, Hilton(H).

"Contre" (2)

Deputies

Baudains(C), De Faye(H).

Economic Development Committee – appointment of member

Deputy Francis Gerald Voisin of St. Lawrence proposed for appointment as a member of the Economic Development Committee the Deputy of St. Mary.

Senator Edward Philip Vibert was proposed by Senator Wendy Kinnard.

THE STATES, having proceeded to a secret ballot, were advised of the following results by the Bailiff

 D eput y of St. Mary 29 vot es S ena t or E.P. Vibert 2 1 vot es .

The Bailiff accordingly declared that the Deputy of St. Mary had been duly elected as a member of the Economic Development Committee.

Legislation Committee – resignation of member

THE STATES noted the resignation of the Deputy of St. Mary from the Legislation Committee.

Matters presented

The following matters were presented to the States –

States  of  Jersey  Law  1966,  as  amended:  delegation  of  functions – Estates R.C.32/2003. Management.

Presented by the Health and Social Services Committee.

Connex: the early period of the local bus service. R.C.33/2003. Presented by the Environment and Public Services Committee.

Les Amarrages, Grève d'Azette, St. Clement: deed of arrangement (P.71/2003) – P.71/2003. comments. Com. Presented by the Finance and Economics Committee.

Public  and  Private  Sector  Housing  Rental  Subsidy  Schemes  (P.74/2003): P.74/2003. addendum to report. Add. Presented by the Housing Committee.

The following matters were presented on 17th June 2003 –

Lord Portsea Gift Fund: report for 2002 and accounts for 1998 – 2002. R.C.31/2003. Presented by the Education, Sport and Culture Committee.

Draft Act annulling the Medicines (Kava-kava) (Prohibition) (Jersey) Order 2003 P.69/2003. Com. (P.69/2003): comments.

Presented by the Health and Social Services Committee.

THE STATES ordered that the said reports be printed and distributed. Matters noted – land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 18th June 2003, showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

  1. as  recommended  by  the  Education,  Sport  and  Culture  Committee,  the  amendment  of  the  Deed  of Arrangement to be entered into with Mr. Alan O'Prey and Mrs. Elizabeth O'Prey, née McNamara, in respect of access rights to enable the site of Springfield Cottage, Springfield Lane, St. Helier to be redeveloped as two semi-detached dwellings such that the dwellings to be constructed were to be of no more than 1,300 square feet and 1,600 square feet (habitable floor area) respectively, for a consideration

of £6,000 plus the payment of the public's reasonable legal and professional fees and on the terms and

conditions set out in a report, dated 23rd May 2002, of the Director of Property Services;

  1. as recommended by the Environment and Public Services Committee, the entering into of a Deed of Arrangement with Mr. Jack Terence Kelly, owner of the property known as Prairie Lodge, Les Mielles de Morville, St. Ouen (currently in the process of being sold to Mr. Christopher Peter Dubras), in order to ratify the boundary with adjacent public land (by means of agreement of new tie measurements to the relevant boundary stone), on the basis that Mr. Kelly would be responsible for all legal fees incurred by the public arising from this transaction;
  2. as recommended by the Harbours and Airport Committee, the lease to Servisair (Jersey) Limited of office accommodation situated in the Passenger Pier, Jersey Airport (Letting No. B173A), for the period from 1st May 2003, to 31st March 2006, at an initial annual rent of £1,139.17 (representing a rate of £11.87 a square foot), to be reviewed on 1st April 2004, and 1st April 2005, in line with the Jersey Retail Price Index;
  3. as recommended by the Harbours and Airport Committee, the sub-lease to Aurigny Air Services Limited of a ticket desk on the ground floor of the John Le Fondré Departures Hall , Jersey Airport, for a period of three years from 1st April 2003, at an annual rent of £5,705.72 (representing the current standard unit charge), to be reviewed on 1st April 2004, and 1st April 2005, in line with the Jersey Retail Price Index;
  4. as recommended by the Harbours and Airport Committee, the lease to Aurigny Air Services Limited of the undermentioned premises situated at Gate Lounge 14 in the Passenger Pier, Jersey Airport –

of f ice (measuring 120 square feet) – Letting No. AP01;

of f ice (measuring 138 square feet) – Letting No. AP02;

st af f r oom (measuring 132 square feet) – Letting No. AP03;

st or e r oom (measuring 24 square feet) – Letting No. AP04;

cu s t o m er services desk (measuring 60 square feet) – Letting No. AP05;

f or a period of three years from 1st April 2003, at an annual rent of £5,626.38 (representing a rate of

£11.87 a square foot), subject to rent reviews on 1st April 2004, and 1st April 2005, in line with the Jersey Retail Price Index;

  1. as recommended by the Environment and Public Services Committee, the renewal of the lease to Mr. Richard Hugh Le Boutillier of Field No. 1489, Bellozanne Valley, St. Helier, for a period of three year from 1st January 2003, at an annual rent of £185, on the basis that the tenant would use the field only for bona fide agricultural purposes and would weed, tend, manure and cultivate it in accordance with the practice of good husbandry and would be responsible for maintaining, preserving and protecting any hedges, trees, banks and to ensure that livestock grazing on the land was adequately contained by fencing of a type approved by the lessor, and with each party to be responsible for its own legal costs arising from this transaction, with no deposits to be paid;
  2. as recommended by the Housing Committee, the entering into of a Deed of Arrangement with the Marett Court Owners Association in order to facilitate the demolition of the existing party wall forming the northerly boundary of the former Sunshine Hotel site towards Marett Court, Marett Road, St. Helier, on the basis of a report, dated 29th May 2003, of the Director of Property Services, with the public to be responsible for meetings the Association's legal costs arising from this transaction;
  3. as recommended by the Health and Social Services Committee, the renewal of the lease from Mrs. Evelyn Hefford, née Hervé, of the three-bedroom j' category property known as 17 Court Drive, La Route de la Haule, St. Lawrence, for occupation by a Staff Grade in the Orthopaedics Department, General Hospital, for a period of two years from 1st August 2003, at an annual rent of £16,500, on the basis that each party was to be responsible for the payment of its own legal fees arising from this transaction; and,
  4. as recommended by the Environment and Public Services Committee, the purchase from the undermentioned companies of land to provide a footpath (approximately 1.4 metres wide) across the front of the properties indicated –

( i) Home Lands Limited – "Ethlwynn", St. Peter; and,

( ii ) Ibis Lodge Limited – "Ibis Lodge", St. Peter;

on  the basis that the public would pay both companies £1 each in relation to the acquisition of the land,

and also the reasonable legal costs of both companies arising from this transaction. In addition, a sum of £3,500 was also to be paid to Team Management, Ibis Lodge Limited in respect of accommodation works (including a new wall) which had already been undertaken by the developer.

Matters lodged

The following matters were lodged "au Greffe" –

Public and Private Sector Housing Rental Subsidy Schemes (P.74/2003): P.74/2003. amendments. Amd. Deputy A. Breckon of St. Saviour.

Machinery of Government: Establishment of Scrutiny Panels and Public P.79/2003. Accounts Committee (P.79/2003) – amendments. Amd. Presented by Senator S. Syvret.

Draft Parish Rate (Jersey) Law 200-. P.82/2003. Presented by the Connétable of St. Martin.

Draft Terrorism (Jersey) Law 2002 (Appointed Day) Act 200-. P.83/2003. Presented by the Home Affairs Committee.

Draft Terrorism (Enforcement of External Orders) (Jersey) Regulations 200-. P.84/2003. Presented by the Home Affairs Committee.

Jersey Heritage Trust and Public Records (Jersey) Law 2002 – transfer of P.85/2003. functions to the Education, Sport and Culture Committee.

Presented by the Finance and Economics Committee.

Draft Hire Cars (Repeal) (Jersey) Law 200-. P.86/2003. Presented by the Home Affairs Committee.

Former School, Clearview Street, St. Helier: transfer of administration. P.87/2003. Presented by the Education, Sport and Culture Committee.

Gorseland, La Rue de la Corbière, St. Brelade: proposed purchase. P.88/2003. Presented by the Home Affairs Committee.

Draft Regulation of Investigatory Powers (Jersey) Law 200-. P.89/2003. Presented by the Home Affairs Committee.

States' Expenditure: reduction in cost of public sector workforce. P.90/2003. Presented by the Connétable of St. Helier.

Meeting the cost of welfare in 2004 – 2005. P.91/2003. Presented by the Connétable of St. Helier.

The following matters were lodged on 17th June 2003 –

Draft Employment (Jersey) Law 200- (P.55/2003): amendments. P.55/2003. Amd. Presented by the Employment and Social Security Committee.

Official Report of the States Assembly and its Committees (Hansard'): P.81/2003. Introduction.

Presented by the Privileges and Procedures Committee.

Arrangement of public business for the next meeting on 8th July 2003

THE STATES rejected a proposition of Deputy Alan Breckon of St. Saviour that the proposition of the Housing Committee concerning  Public  and  Private  Sector  Housing  Rental  Subsidy  Schemes, (P.74/2003 lodged "au Greffe" on 3rd June 2003), be not considered on 8th July 2003.

Members present voted as follows –

"Pour" (20)

Senators

Le Maistre, Syvret, Kinnard, Le Claire, Lakeman, E. Vibert . Connétable s

St. Mary, St. Helier.

Deputies

Duhamel(S), Breckon(S), St. Martin, Baudains(C), Troy (B), Scott Warr en(S), Le Hérissier(S), Bridg (H), Martin(H), Southern (H), St. Peter, De Faye(H).

"Contre" (28)

Senators

Norman, Le Sueur, Routier, M. Vibert , Ozouf .

Connétable s

St. Martin, St. Ouen, St. Saviour, St. Brelade, St. Peter, St. Clement, Trinity , St. Lawrence. Deputies

Trinity , Huet(H), Le Main(H), Dubras(L), Dorey(H), Voisin(L), Farnham (S), Fox(H), Bernstein(B), Ferguson(B), St. Mary, St. Ouen, Ryan(H), Grouville , Hilton(H).

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 8th July 2003, and, if necessary, on 15th July 2003 –

Population policy: provision of information and alternatives. P.40/2003. Lodged: 15th April 2003.

Senator S. Syvret.

Draft Employment (Jersey) Law 200-. P.55/2003. Lodged: 6th May 2003.

Employment and Social Security Committee.

Draft Employment (Jersey) Law 200- (P.55/2003): amendments. P.55/2003. Lodged: 17th June 2003. Amd. Employment and Social Security Committee.

Housing Regulations: reductions in qualifying periods. P.73/2003. Lodged: 27th May 2003.

Deputy of St. Martin.

Public and Private Sector Housing Rental Subsidy Schemes. P.74/2003. Lodged: 3rd June 2003. (re-issue). Housing Committee.

Public  and  Private  Sector  Housing  Rental  Subsidy  Schemes  (P.74/2003): P.74/2003. addendum to report. Add. Presented: 24th June 2003.

Housing Committee.

Public and Private Sector Housing Rental Subsidy Schemes (P.74/2003): P.74/2003. Amd. amendments.

Lodged: 24th June 2003.

Deputy A. Breckon of St. Saviour.

Benefits paid by the Housing and Employment and Social Security Committees: P.75/2003. protection.

Lodged: 10th June 2003.

Deputy G.P. Southern of St. Helier.

Training and Employment Partnership: disbandment. P.76/2003. Lodged: 10th June 2003.

Economic Development Committee.

Philips House, Victoria Street, St. Helier: sale to Les Vaux Housing Trust. P.77/2003. Lodged: 10th June 2003.

Housing Committee.

Draft Law Revision (Jersey) Law 200-. P.78/2003. Lodged: 10th June 2003.

Finance and Economics Committee.

Draft Parish Rate (Jersey) Law 200-. P.82/2003. Lodged: 24th June 2003.

Connétable of St. Martin.

Draft Terrorism (Jersey) Law 2002 (Appointed Day) Act 200-. P.83/2003. Lodged: 24th June 2003.

Home Affairs Committee.

Draft Terrorism (Enforcement of External Orders) (Jersey) Regulations 200-. P.84/2003. Lodged: 24th June 2003.

Home Affairs Committee.

Jersey Heritage Trust and Public Records (Jersey) Law 2002 – transfer of P.85/2003. functions to the Education, Sport and Culture Committee.

Lodged: 24th June 2003.

Finance and Economics Committee.

Home Office White Paper – question and answer (Tape No. 825)

Deputy Jeremy Laurence Dorey of St. Helier asked Senator Wendy Kinnard, President of the Home Affairs Committee, the following question –

" A  recent Home Office White Paper entitled Respect and Responsibility – taking a stand against anti- social behaviour', Cm 5778 published in March 2003, has affirmed the U.K. Government's intention to –

( i) control excessive noise at night by granting Environmental Health Officers the power to shut down

with immediate effect establishments that persistently create noise nuisance;

( ii ) wholeheartedly support a Private Member's Bill that will address the abusive use of fireworks;

( i ii)  tackle anti-social behaviour in and around pubs, clubs and entertainment outlets by granting the

Police the power to close licensed premises within a specified geographical area; and,

( iv ) give the Police and local residents the power to call for a review of a premises licence at any time,

which could lead to a range of measures including revocation, suspension or modification of the conditions of the licence.

O n each of these issues, does the Home Affairs Committee have plans to adopt a similar approach in the

Island, and if so, on what timescale?"

The President of the Home Affairs Committee replied as follows –

" F or the information of members, Respect and Responsibility' is the U.K. Government's latest initiative to crack down on anti-social behaviour. The White Paper lists a range of measures to deal with the specific problems that the U.K. faces. My impression is that the measures listed in the question are those that Deputy Dorey feels are relevant to Jersey.

T ur ning to the measures listed in the question –

( i) My understanding is that such powers to control excessive noise already exist under the Statutory

Nuisances (Jersey) Law 1999, as administered by the Health and Social Services Committee. The particular nuisance mentioned is covered by Article 2(1)(h).

( ii ) The Home Affairs Department is currently reviewing drafting instructions for a replacement of the

Explosives (Jersey) Law 1970. These include measures to further control the use of fireworks and I expect them to come before the Committee in the autumn.

( ii i) At its meeting of 27th March 2003, the Committee received and endorsed a report from the Chief

Officer, States of Jersey Police on public order legislation. The report outlined three specific offences in the U.K. that may be relevant in Jersey in order to tighten existing common and statute public order legislation. The offences – Sections 5, 4A and 4 of the Public Order Act 1986, are concerned with the use of threatening, abusive and insulting words or behaviour and range from acts of verbal disorder to occasions when violence is threatened. It is the opinion of the Chief Officer that the incorporation of these offences may remedy deficiencies that currently exist and assist in the maintenance of law and order and the preservation of the peace. It is also important to highlight that none of these offences require drunkenness to be present; however, it can of course be a contributing factor. The report has been passed to the Attorney General for his consideration.

( i v) There is already a power that can be exercised through the Attorney General. Article 9 of the

Licensing (Jersey) Law 1974 states –

W hene ver the Attorney General is of the opinion that any matter relating to a licence should be referred to the Licensing Assembly, he may submit such matter to the Assembly and in such case the Assembly shall consider the matter and, having regard to all the circumstances of the case, may suspend or revoke the licence in relation to which the submission is made or may attach thereto such conditions as may seem desirable.'

T hi s procedure can be invoked very quickly, if the circumstances warrant it, by the Attorney General or

the Solicitor General calling an extraordinary meeting of the Assembly at short notice.

I s hould add that (iii) and (iv) are encompassed by the Alcohol Strategy which I understand the Health and

Social Services Committee will shortly be lodging for debate. Having already seen the draft proposals, these include a review of the Licensing Law and give as an example – the introduction of new powers enabling the Police to close premises when a serious breach of licensing regulations, risk of injury or disorder is apparent.'

O n a more general point, the measures outlined in Respect and Responsibility', which are comprehensive

and involve both intervention and enforcement, will be considered as part of the review of our own Community Safety Strategy which is currently taking place and during the development of a criminal justice policy."

Persons with 15 years residence – question and answer (Tape No. 825)

Senator Paul Vincent Le Claire asked Deputy Terence John Le Main of St. Helier, President of the Housing Committee, the following question –

" Wou ld the President inform members whether the Committee has information on the number of persons who have been resident for 15 years but who have not yet qualified under the Housing Regulations, and, if so, the numbers involved?"

The President of the Housing Committee replied as follows –

" T he best information that is available can be found in the 2001 census, and is contained in the appendix to the Committee's projet, (P.67/2002), along with the figures for the preceding 3 years. As can be seen the maximum number of heads of households who first arrived in 1988 and who could be eligible for a housing consent having completed 15 years continuous residence is 165. This figure of 165 is of course in addition to the maximum 175 people who arrived in 1987 and who would qualify immediately, as a result of the Housing Committee's projet P.67/2003, if approved, having completed 16 years' continuous residence."

Income Tax receipts from Jersey 1(1)(k) residents – question and answer (Tape No. 825)

Senator Edward Philip Vibert asked Senator Terence Augustine Le Sueur, President of the Finance and Economics Committee, the following question –

" Wou ld the President inform members –

( a ) of the number of Jersey residents, to whom consent to purchase property has been given under

Regulation 1(1)(k) of the Housing (General Provisions) (Jersey) Regulations 1970, as amended, on economic grounds, who paid tax in the year 2000 and 2001 and the total amount of this tax;

( b ) of the amount of tax paid by companies owned by such residents in 2000 and 2001;

( c ) as to what checks and controls are exercised over such residents once they have settled in Jersey to

ensure that they continue to make a significant contribution to Jersey's economy in view of this being one of the requirements to be satisfied prior to such consent being granted; and,

( d ) of the steps that have been take to ensure that tax avoidance and tax evasion are curtailed since the

publication of the second report of the Fiscal Review Working Group, (R.C.37/99), presented to the States on 28th September 1999, which highlighted the loopholes discovered by the tax avoidance industry' in Jersey."

The President of the Finance and Economics Committee replied as follows –

" ( a) I should like to start by saying that members should be aware that decisions concerning Regulation 1

(1)(k)  are made by the Housing Committee in consultation with the Policy and Resources Department. The Comptroller of Income Tax has contacted the Housing and Policy and Resources Departments to obtain details of all those Jersey residents who have been granted 1(1)(k) housing consents in the years since December 1970, the date this Regulation came into effect. Furthermore, it must be remembered that after 17 years' residence in Jersey, these individuals potentially cease to have 1(1)(k) status. Only when he has all those details can the Comptroller go through his files to determine which of all those 1(1)(k)s who came to Jersey since 1970 are still resident here and paying tax for the years 2000 and 2001. It is necessary to do this so that a comprehensive and correct answer is given to this question, as some 1(1)(k)s have died since coming to Jersey, others have left Jersey permanently and others who have been given consent have never taken up permanent residency in Jersey. The Comptroller of Income Tax estimates that it would take at least 3 weeks, perhaps more, to collate all this information and answer this question fully.

( b ) Once the Comptroller of Income Tax has verified the details referred to in (a) above, he could also deal with this question within the same timescales given above. The benefit of the answers to these

parts of the Senator's question have to be weighed against the cost in time and manpower of their

accurate determination. It might be more beneficial for the Senator to talk to the Comptroller of Income Tax to

see if his concerns can be addressed more simply. If not, I shall give my replies to a future sitting of this Assembly.

( c ) Once a 1(1)(k) becomes resident in Jersey, the Comptroller of Income Tax notes his or her file to

ensure that a check is made, on a regular basis, that the 1(1)(k) in question is paying the tax contribution that was agreed. Unfortunately, in some cases the individuals granted 1(1)(k) consent have financial reverses or setbacks of one kind and another, which means that they are unable to pay their agreed tax contribution, although in some instances where this has happened the tax contributions have resumed. It must also be remembered that many 1(1)(k)s make significant contributions to Jersey's economy in ways other than through tax revenues, such as in relocating business to Jersey which provides local employment, making substantial donations to local charities and supporting local sporting and recreational activities.

( d ) Tax evasion and avoidance have been addressed in the following manner –

(i ) th e Comptroller of Income Tax has an investigation programme in place whereby taxpayers who

evade their taxes are pursued and the back taxes they owe are recovered. Those who evade their taxes not only have to pay their back taxes but are also charged penalties and interest. In cases of serious fraud, the Comptroller prepares prosecution files for the attention of Her Majesty's Attorney General. In the last four years, over 1,100 taxpayers have been investigated and undisclosed income of over £31 million brought to light, with total tax, penalties and interest of £3.7 million brought into charge and collected. In addition, seven taxpayers have been successfully prosecuted for tax fraud in the Royal Court since 1992;

(i i ) d espite assertions by some members to the contrary, the States last year passed legislation to

counter the effects of the misuse of benefits in kind'. Although it has only recently come into effect, the effects are already noticeable, and are being factored into predictions of future tax revenue. This legislation will ensure that those who previously managed to avoid paying tax on these benefits in kind' will now be taxed on many of those benefits;

( ii i) t he Comptroller of Income Tax has allocated a dedicated officer to tackle the evasion and

avoidance perpetrated by some company directors who control their own companies. That officer ensures that any directors fees claimed in the company accounts are commensurate with the duties carried out, rather than, as in some instances in the past, the directors fees claimed having no relation to the amount of work actually carried out; and,

(i v ) the proposed revision to interest tax relief, which I have just announced, will ensure that those

who reduce their tax bills by claiming interest tax relief on loans and overdrafts to purchase assets such as yachts, aircraft and second homes outside Jersey, will no longer be able to get such tax relief.

I should like to correct the possibly misleading implication that R.C.37/99 was chiefly concerned with

issues of tax avoidance. It was a well-researched and balanced review of the whole of the Island's fiscal system and policies, presented by the Finance and Economics Committee, and we shall continue to refer to it in the course of our current fiscal review. In particular I should like to remind members, particularly new members who may not have read it, that the authors of the report, set out the following guidelines –

( i) looking at fiscal policy in the round and not adopting individual fiscal measures in isolation; ( ii ) considering the proposals in the report as a package and not individually;

( ii i) fiscal policy being seen as part of a long-term strategy for the Island;

( iv ) resisting the temptation to engage in ad-hoc decisions unconnected with and therefore likely to be in

conflict with the underlying long-term strategy;

( v ) considering any fiscal measures which might be proposed by others within the framework of the

report as a whole; and,

( vi ) engaging in a comprehensive dialogue with all those likely to be affected by any of the measures

referred to in the report."

1(1)(k) applications under the Housing Regulations – question and answer (Tape No. 825)

Deputy Roy George Le Hérissier of St. Saviour asked Deputy Terence John Le Main, President of the Housing Committee, the following question –

"Woul d the President inform members what criteria the Committee applies in the consideration of

applications under Regulation 1(1)(k) of the Housing (General Provisions) (Jersey) Regulations 1970, as amended, where the applicant has criminal convictions, and, could he identify which categories of offence would lead to a refusal?"

The President of the Housing Committee replied as follows –

" T he Committee decided in April 2003 that it will in future require all applicants under Regulation 1(1) k to disclose any criminal convictions or alternatively satisfy the Committee with documentary evidence that they have no such convictions. Historically background references have been obtained but this approach is no longer considered to be sufficiently rigorous.

In applying this policy the Committee would generally reject all (1)(k) applicants with criminal

convictions unless it could be demonstrated that the offence was relatively minor, that it occurred many years ago and since that time the applicant had been of good character. In assessing whether an offence was relatively minor' the Committee would expect to be guided by the Rehabilitation of Offenders (Jersey) Law 2002."

2002 States accounts – question and answer (Tape No. 825)

Deputy Geoffrey Peter Southern of St. Helier askedSenator Terence Augustine Le Sueur, President of the Finance and Economics Committee, the following question –

" O n 20th May 2003, the Committee announced that a £12 million surplus, which replaced the predicted deficit of £7 million on the 2002 accounts,has already been fully accounted for in the most up-to-date forecasts, so does not represent additional funds for future expenditure.'

Wi ll the President explain to members in what way this has been fully accounted for?" The President of the Finance and Economics Committee replied as follows –

" A s reported in the 2002 Accounts, the major contributions towards the £12 million surplus arising as opposed to the £7 million deficit originally forecast are as follows –

I nco me

£ 5 million more than forecast in the 2002 Budget, the major constituent of this being in respect of Income Tax receipts.

E m ployment and Social Security net revenue expenditure

T he cost of supplementing the Social Security Fund was £2 million less than budgeted and there was a

further £4 million of underspends on benefits and other expenses. As reported, these underspends were the result of rising wage levels and restructuring in the traditional low pay sectors.

G e neral Reserve

A s a result of increased financial discipline exercised over these funds, only £8 million of the£14 million

voted for the year was required.

T he improved income tax revenues have been built into forecasts of States income for 2003 and beyond.

Similarly the reduced uptake in Employment and Social Security costs have been factored into future spending plans.

T he reduction in calls on the General Reserve has also led to the Committee proposing a reduced annual

allocation to the General Reserve for next year.

T h e surplus of £12 million in 2002 was a one-off windfall, which will provide an additional buffer in this

uncertain financial climate. It does not allow the States a reprieve from tackling urgently the underlying trend of higher rates of growth in expenditure over that forecast for income tax in the coming years, as despite all the above amendments to forecasts the Committee would still be forecasting a deficit of £19 million in 2004, which would increase by about£10 million each year, were it not for the revisions proposed in the course of the Fundamental Spending Review.

T hi s is clearly unsustainable so the Committee will be bringing forward proposals in this year's Resource

Plan to bring States' spending back in line with its income."

Main road white line painting – question and answer (Tape No. 825)

Deputy Gerard Clifford Lemmens Baudains of St. Clement asked Deputy Maurice François Dubras of St. Lawrence, President of the Environment and Public Services Committee, the following question –

" I n answer to questions on 13th May 2003, the President advised that main road white line painting was work of a specialised nature.

Woul d the President inform members –

( a ) whether up to four vehicles can be engaged at the same time for any one road marking job, and, if so,

the reasons for this?

( b ) whether cost per mile comparisons have ever been made with other jurisdictions? and,

( c ) what criteria makes this work of a specialist nature, and whether the Committee has received any

expressions of interest from local contractors, and, if so, whether the Committee will now be seeking tenders for the work?"

The President of the Environment and Public Services Committee replied as follows –

"( a) The Department operates a single purpose built road marking lorry adapted for Jersey width

restrictions for centre and kerb line continuous marking. Additional vehicles that the Deputy refers to may have been seen on specific jobs and at certain locations requiring more integrated work. For example, when a new junction layout is required, traffic engineers and surveyors may be required for setting out purposes. At the same time, staff will also be deployed for the erection of road signs and for the manual application of road paint for lettering purposes at these junctions.

( b ) Cost comparisons with other authorities are made on an annual basis. The current cost of centre road

lining is 81 pence per metre in Jersey, compared to 80 pence per metre in authorities in the south of England for similar minor roads and urban areas, standard comparisons are all in metric units).

( c ) The material used for the majority of road marking is thermoplastic and as I described in my response

on 13th May 2003, alternative cold applied materials are being trialled to assess their durability. However thermoplastic is preferred both here and in the U.K. due to its ability to withstand wear and tyre abrasion particularly when vehicles traverse the centre white line on narrow roads.

A s a result of the publicity following on from the answer I gave on 13th May 2003, the Department received expressions of interest from two local contractors. Both contractors acknowledged that they do

not have the heating equipment or purpose-built vehicle at present to take on this work. However the Department will be following up these expressions of interest to assess their ability to provide services where alternative cold applications may be acceptable. Both companies are already used for the provision

of road signs to the Department."

TV licences – question and answer (Tape No. 825)

Deputy Geoffrey Peter Southern of St. Helier asked Senator Terence Augustine Le Sueur, President of th Finance and Economics Committee, the following question –

" I n a letter sent to members dated October 2002, regarding Age Concern, the then President stated –

I have pledged to Daphne Minihane that I will put the issue of TV licences for pensioners on the

agenda again, no later than March of next year.'

Wi ll the President please indicate to members whether this matter has yet been placed on a Committee

agenda, and, if so, whether he proposes to bring a proposition to the States?"

The President of the Finance and Economics Committee replied as follows –

" Mem bers will be aware that when a suggestion of free TV licences for all senior citizens, irrespective of need, was proposed in 2000, the Finance and Economics Committee at the time, with the support of the Senior Citizens' Association, took the view that the funding necessary to provide free TV licences would be better targeted towards the provision of improved primary health care for the less well-off of all senior citizens rather than a blanket coverage of free TV licences to only those aged over 75, regardless of need.

A ccordingly the States made available (and ringfenced') funds for a trial period to provide a primary

healthcare scheme administered on behalf of the Employment and Social Security Committee.

T he current Finance and Economics Committee has not reconsidered this issue as a specific item on a

Committee agenda, since, following discussions at the start of the year on the Committee's priorities, it was clear that free TV licences did not rank highly.

Wh en I addressed a meeting of the Senior Citizens' Association in April of this year, I made it clear to

attendees, (including Mrs. Minihane, their President), that the issue of TV licences for the senior citizens would not be promoted by the Committee in the foreseeable future.

A mongst the reasons for this is that any request for growth in States spending had to be submitted to the

fundamental spending review for 2004, and meet the criteria for such requests. Against a background of limiting growth requests to essential areas, neither the Finance and Economics Committee nor any other Committee of the States considered this subject to be a top priority.

T he trial period for the elderly healthcare scheme has not yet finished. A report on that scheme is expected

later this year, after which the issues might be re-examined. However, it is important to remember that, even when proposals have been agreed in principle, they should not be confirmed until the States have looked at its spending demands in the round, and the States should not accept new, ad-hoc, costs outside of the normal budgetary process."

Emergency vehicles in St. Helier – question and answer (Tape No. 825)

Deputy Gerard Clifford Lemmens Baudains of St. Clement asked Senator Wendy Kinnard, President of the Home Affairs Committee, the following question –

" Wo uld the President inform members whether the issue of access for emergency vehicles arising from road alterations around St. Helier continues to exist and, if so, whether the Committee has made any representations to the Environment and Public Services Committee in this respect?"

The President of the Home Affairs Committee replied as follows –

" T his answer covers the States of Jersey Police and the Fire and Rescue Service.

B oth emergency services have good contact with the Public Services Department and the Parish of

St. Helier. However, following on from the Deputy 's question in February 2003, the consultation process between the Public Services Department and the Fire and Rescue Service, in particular, has been tightened up', and all new proposals for St. Helier, and the Island as a whole, are now submitted to the Fire and Rescue Service for approval. A similar agreement has been reached with the Parish of St. Helier, in respect of their road calming measures.

It has consequently not been felt necessary for the Home Affairs Committee to make a formal

representation to the Environment and Public Services Committee.

I n my response to the Deputy 's question in February 2003, I highlighted four locations in St. Helier which

were causing concern to the Fire and Rescue Service. I am pleased to be able to update members on the current situation with regard to these locations –

  1. C orner of Grove Street and Halkett Place: the Parish of St. Helier has included the repositioning of the bollard in their budget for 2003.
  2. C orner of Devonshire Place and New Street: These bollards are due to be repositioned by the Public Services Department imminently, following test runs with their engineers and the Fire and Rescue Service Aerial Ladder Platform, which took place last week. The bollards, I am aware, have now been moved.
  3. N  ear top of Old St. John's Road: The planters along the road no longer present a problem for the Fire and Rescue Service; this is because the Parish of St. Helier has moved them further apart, and now the fire tenders can get through.
  4. C  orner of Conway Street and Bond Street: The Parish of St. Helier has been consulted over the difficulties, and the bollards will be repositioned in due course."

Presidency of the Housing Committee – question and answer (Tape No. 825)

Deputy Geoffrey Peter Southern of St. Helier asked Deputy Terence John Le Main of St. Helier, President of the Housing Committee the following question –

" F ollowing the outcome of the investigation and findings of the Data Protection Registrar of 15th May 2003, relating to a breach of the Data Protection (Jersey) Law 1987, would the President advise whether he will be considering his future position as President of the Housing Committee, and, if so, inform the Assembly whether he intends to resign and put his name forward for re-election to test the confidence of States members?

The President of the Housing Committee replied as follows –

" I have already made my position clear on this matter, in answer to previous questions in the same vein. The answer on this occasion, as previously, is No'."

Proposed withdrawal of rent subsidy for breaches of tenancy – question and answer (Tape No. 825)

Deputy Geoffrey Peter Southern of St. Helier asked Deputy Terence John Le Main of St. Helier, President of the Housing Committee the following question –

" I n the Housing Committee media release of 14th June 2003, the Committee proposes the withdrawal of rent subsidy for breaches of tenancy.

C a n the President inform members –

( a ) under what circumstances such an action is envisaged? and,

( b ) whether legal advice has been taken to confirm that such action is lawful, and, if not, the reasons

why?"

The President of the Housing Committee replied as follows –

  1. In the media release of 14th June 2003, the Committee expressed the intention to pursue a number of measures to tackle anti-social behaviour.

O ne measure proposed is the withdrawal of rent subsidy for tenants guilty of serious breaches of the

Tenancy Agreement. In particular the Committee has in mind breaches of clauses 1(a)(v) relating to damage to premises and clause 1(a)(viii) relating to the orderly conduct of persons on any part of the premises.

I n this respect the Committee has noted the statement in the recently issued U.K. White Paper entitled

Respect and Responsibility- taking a Stand Against Anti-Social Behaviour' that 'those who behave anti- socially within their home and neighbourhood, making life miserable for the rest of the community, are abusing the support they receive from society through Housing Benefit.'

T he Committee will shortly be considering the White Paper in greater detail, and will be following with

interest any progress made by the U.K. authorities in this area.

  1. The Committee has not taken legal advice to confirm that such action is lawful. The rent subsidy scheme is not enshrined in legislation but depends on policy. The Committee believes that it is within its rights to exercise discretion in this way but will consult the Law Officers Department before implementing this proposal."

Island bus service – question and answer (Tape No. 825)

Senator Edward Philip Vibert asked Deputy Maurice François Dubras of St. Lawrence, President of the Environment and Public Services Committee, the following question –

" Wo uld the President advise the Assembly of the income from the Connex bus service for April and May 2003?"

The President of the Environment and Public Services Committee replied as follows –

" T he income received from the Connex bus service for April and May 2003 is as follows –

A pr il £ 149,895

M ay £ 186,860

T ot al £ 336,755 for the period.

T hese are preliminary, unaudited figures. The reporting periods are four weeks and not by calendar

month."

Ongoing work of the Privileges and Procedures Committee in connexion with government reform – statement

Senator Christopher Gerard Pellow Lakeman, President of the Privileges and Procedures Committee, made a statement in the following terms –

" O n behalf of the Privileges and Procedures Committee, I am making a statement to update members on the work of the Committee –

  1. Remuneration
  1. Following the approval by the States of the proposition of Senator E.P. Vibert to establish an

independent review panel to consider the level of remuneration, a sub-committee has been formed under the

Vice-President and with Senator Vibert as a member to draw up the terms of reference for the panel and to consider its membership.

  1. During our research into remuneration, it became apparent that the existing requirement of means testing is widely regarded as unfair and inappropriate. The Committee will consider bringing forward a proposition shortly, requesting approval for the removal of the means test, probably at the same time as the establishment of the review panel and related issues.
  1. Scrutiny

2.1   Members will recall that the Committee hosted several seminars on Scrutiny in advance of the lodging of its report and proposition P.79/2003 on 10th June. 2003.

2 .2 A final seminar was held on 16th June 2003, to present the report to members and officers, with the

aim of summarising the Committee's rationale in arriving at its proposals and also giving those who attended the opportunity to raise issues and ask questions in advance of the debate here in the States. The Committee is keen to receive comments from members on the proposals, and I would reiterate the invitation for members to meet the Committee given in my letter of 18th June. In order to allow sufficient time for this, the Committee have requested 22nd July 2003 to debate this issue in replacement of its initial choice, 8th July 2003.

  1. The Committee is recommending the introduction of two shadow' scrutiny panels in the latter part of this year to further inform its work, allowing those involved to gain some experience and receive dedicated training for the new skills required in the process. The Committee is aware that these panels will not be exactly the same system described in P.79/2003. It is hoped, that all Committees will provide support for this trial and we are grateful for the support already expressed by many.
  2. The Human Resources Department has begun some training in this area for officers. Contact has been made with providers in the U.K. for politicians also and the first training session for officers is scheduled for 30th June.
  1. Facilities for Members
  1. Following the States approval of funding for Phase II of the States Building in January of this year, the construction work and decorating is nearing completion. The former Régistre has been substantially refurbished and remodelled to include 3 interview rooms and space for a library and working area.
  2. The former Public Library gallery has also been transformed into a working area. It is hoped that all these new facilities will be furnished for members use by the autumn session. In addition, there will be four rooms available for committee meetings. The possibility of utilising the ground floor of Morier House for researchers and other staff employed to scrutinize the executive is currently being investigated.
  1. Code of Conduct

T he C ommittee is continuing its work in this area following the States approval of the Draft Code of

Conduct for elected members of the States, P.32/2003 and will be taking into account the comments made during the debate on P.32/2003, in the Code which will be part of the new Standing Orders.

  1. States of Jersey Law

5 .1 In accordance with its terms of reference, the Committee is currently consulting with the Bailiff on it

proposals for the new States of Jersey Law.

5.2   A comprehensive law drafting brief has been compiled, with the assistance of Mr. Mike Entwistle and a small sub-committee. This is already with the Law Draftsman's department so that preparation can begin to enable the introduction of the ministerial system, proposed for January 2005.

  1. Public Access to Information
  1. The consultation paper on Public Access to Official Information (or Freedom of Information as it is more commonly known) was presented to the States on 25th March 2003 (R.C.15/2003).
  2. A Freedom of Information Working Party, comprising of H.M. Attorney General, the Vice-President and members of the Privileges and Procedures Committee, members of the Legislation Committee and officers from the Law Officers' Department, is examining the complex interdependencies of any proposed Freedom of Information legislation, the existing Official Secrets Law, the Data Protection Law (soon to be amended), the Human Rights Law and other legislation, along with the possibility of improving as an interim measure the current Code of Practice on Public Access to Official information.
  1. Hansard

F o ll ow ing a period of consultation, the Committee lodged its proposition, P.81/2003, on 17th June

with a view to a debate in the early part of the autumn session.

  1. Simultaneous Electronic Voting

T he S tates approved the Committee's proposition for a system of simultaneous electronic voting in

March. The Public Services Department and Department of Electronics are arranging for the installation and the system should be available for use early in the autumn session. Particular attention has been given to the design of the voting buttons, to ensure that they are both user friendly to all and aesthetically in keeping with the Chamber.

I s hould like to add one final matter regarding the Committee's Executive Officer, Mr. Patrick Byrne, on

the last occasion before his departure from office; he leaves shortly to attend university to pursue his studies and, on behalf of the Committee, I wish to express the Committee's appreciation for his work, and to announce that with effect from 30th June 2003, Mrs. Janet Marshall and Miss Fiona Agnés, will be joint Executive Officers at the Department."

Palladin bins – statement

The Connétable of St. Helier made a personal statement in the following terms –

" O n Tuesday 20th May 2003 Deputy G.P. Southern asked a question of the President of the Housing Committee about interrupted refuse collections on a St. Helier housing estate. In his reply, the Vice- President said that the (Housing) Department (had) never received notification from the Parish of a specific Health and Safety problem' and that it was first made aware of a Health and Safety issue on the day that the collections ceased.' I have in my possession, however, documents which show quite clearly that the Housing Department was advised as early as 1994 for safety reasons we are keen to phase out these particular containers', while in July 2002 the Department was told, the bins themselves are deteriorating to such an extent that they are creating a dangerous operation for us to empty.'

H owever, my investigation into the handling of this issue has revealed a breakdown in communication

between the management of the Parish and the Housing Department, to such an extent that neither the Chief Executive Officer of the Housing Department nor myself knew anything about the termination of refuse collection in certain housing estates until the Friday evening before the Bank Holiday weekend concerned. Had we been informed about the deadline and the likely problem even a matter of days earlier we could jointly have resolved the issue and hence have avoided the nuisance caused to the residents of some estates. We would also have avoided Parish staff being unfairly criticised in the last paragraph of the Vice-President's answer on 20th May 2003.

T he refore I should like to apologise to the Housing Department and those residents who were affected by

the removal of the palladin bins, and to assure them that steps are being taken to improve the management of refuse collection by the Parish.

I should also like to take this opportunity of thanking the Housing Committee and Department for the

assistance they have been giving us over the new glass collection policy being implemented by the Parish." Land transaction concerning Le Talus, St. John – statement

Deputy Maurice François Dubras of St. Lawrence, President of the Environment and Public Services Committee, made a statement in the following terms –

"O n 5th November 2002, the former Public Services Committee lodged "au Greffe" a report and

proposition, (P.200/2002), for the sale by the public of a small area of land surrounding Le Talus, La Route du Nord, St. John, to Mrs. Daphne Tomes for the sum of£10 and the purchase on behalf of the public from her of an area of land at Fremont Headland, St. John, also for£10. The States adopted the proposition of the former Public Services Committee on 10th December 2002.

I t has been discovered that a genuine error, the responsibility for which is accepted by the Environment

and Public Services Committee, had been made in the interpretation of land ownerships, in that part of the land proposed to be sold is not within the ownership of the public and therefore the land transaction cannot proceed in its present form.

T he former Public Services Committee, in asking the States to agree the proposition, acted in good faith

and obviously the error is regretted. The States will in due course be asked to rescind their Act of 10th December 2002, but discussions are currently taking place with those representing Mrs. Tomes in respect of a revised proposal for the land transaction which, if agreement can be reached, will be brought back to the States for its consideration at a future date.

I w ould also like to add a personal point that this is a serious matter, which I understand fully has upset

members of the family of the late Senator Tomes, to whom I offer my personal and sincere apologies; I hope, very much, that the matter will soon be resolved to their entire satisfaction."

Belle Vue, La Route des Quennevais, St. Brelade: proposed exchange and counter-exchange of land – P.58/2003

Comments – P.58/2003 Com.

THE STATES, adopting a proposition of the Environment and Public Services Committee –

( a ) approved the purchase by the public of an area of land identified as A' on Drawing No. 12/1091/50A

from the Jersey Homes Trust for the sum of £10 with the public to meet the Trust's reasonable costs in connection with the purchase, and approved the cancellation of an existing contractual agreement with the Trust whereby the land being purchased was to be used for social rented purposes only';

( b ) approved the sale by the public to the Jersey Homes Trust –

(i ) of a small area of land identified as B' on Drawing No. 12/1091/50A for the sum of £10;

(i i) of an area of land measuring 131.4 square feet identified asC' on Drawing No. 12/1091/50A for

the sum of £10,

w i th ea ch party to meet its own costs in connection with the sales;

( c ) approved the purchase by the public of an area of land measuring 483.3 square feet identified asD'

on Drawing No. 12/1091/50A from the Jersey Homes Trust for the sum of £10 with each party to meet its own costs in connection with the purchase, and approved the cancellation of an existing

contractual agreement with the Trust whereby the land being purchased was to be used for social rented purposes only';

( d ) approved the entering into of a contractual arrangement whereby the public accepts responsibility for street lighting lamp standard Nos. B351, B354, B355, B357, B378, B359, B362, B364, B365, B366,

B367 and B369 identified as on Drawing No. 12/1091/50A that are situated on land owned by the

Jersey Homes Trust, that responsibility to be subsequently passed onto the Parish of St. Brelade in conjunction

with the transfer of the main estate roadway and pavements, with the public to meet the Trust's reasonable costs in connection with the transaction;

( e ) requested the Greffier of the States to sign the said drawings and authorised the Attorney General and

the Greffier of the States to pass the necessary contracts in connection with the proposed transactions; and,

(f) authorised the Treasurer of the States to make and receive the associated payments from the Belle Vue Capital Vote – 813004 ZBV001.

Members present voted as follows –

"Pour" (40)

Senators

Syvret, Norman, Le Sueur, Le Claire, Routier, M. Vibert , Ozouf , E. Vibert . Connétable s

St. Martin, St. Ouen, St. Saviour, St. Brelade, St. Mary, St. Peter, St. Clement, St. Helier, Tri St. Lawrence.

Deputies

Trinity , Duhamel(S), Breckon(S), Huet(H), St. Martin, Le Main(H), Dubras(L), Dorey(H) Scott Warr en(S), Fox(H), Bridge(H), Martin(H), Southern (H), Bernstein(B), Ferguson(B), St. Mary, St. Ouen, Ryan(H), Grouville , St. Peter, Hilton(H), De Faye(H).

"Contre" (1)

Deputy

St. John.

States approval for new "user pays" charges – P.63/2003 Amendments – P.63/2003. Amd.

THE STATES commenced consideration of a proposition of Senator Stuart Syvret concerning "user pays" charges, and of amendments of the Finance and Economics Committee that in the proposition, after the words "States Assembly", there should be added the words "where the impact of such charge is estimated by the Committee concerned, having consulted with the Finance and Economics Committee, to raise income to the States which exceeds £250,000 in the first full year following the introduction of the charge", which amendments were, after discussion, subsequently lodged "au Greffe" by Senator Edward Philip Vibert .

THE STATES resumed consideration of the proposition and rejected a proposition of Senator Terence Augustine Le Sueur that the States move to the consideration of the next item on the Order Paper.

Members present voted as follows

"Pour" (9)

Senators

Le Sueur, Routier, Ozouf .

Connétable

St. Saviour.

Deputies

Trinity , Dubras(L), Dorey(H), Farnham (S), Ryan(H).

"Contre" (40)

Senators

Le Maistre, Syvret, Kinnard, Le Claire, Lakeman, M. Vibert , E. Vibert .

Connétable s

St. Martin, St. Ouen, St. Brelade, St. Mary, St. Peter, St. Clement, St. Helier, Trinity , St. Lawrence. Deputies

Duhamel(S), Breckon(S), Huet(H), St. Martin, St. John, Le Main(H), Baudains(C), Troy (B), Voisi (L), Scott Warr en(S), Le Hérissier(S), Fox(H), Bridge(H), Martin(H), Southern (H), Bernstein(B) Ferguson(B), St. Mary, St. Ouen, Taylor (C), Grouville , St. Peter, Hilton(H), De Faye(H).

THE STATES resumed consideration of the proposition and, after further discussion, rejected a proposition of Deputy Lyndon John Farnham of St. Saviour that the proposition be referred back to Senator Stuart Syvret.

Members present voted as follows –

"Pour" (11) Senators

Norman, Le Sueur, Lakeman, Routier, M. Vibert , Ozouf . Connétable

St. Saviour.

Deputies

Le Main(H), Farnham (S), St. Mary, Taylor (C).

"Contre" (37)

Senators

Le Maistre, Syvret, Kinnard, Le Claire, E. Vibert .

Connétable s

St. Martin, St. Ouen, St. Brelade, St. Mary, St. Peter, St. Clement, Trinity , St. Lawrence. Deputies

Duhamel(S), Breckon(S), Huet(H), St. Martin, St. John, Dubras(L), Baudains(C), Dorey(H), Troy (B) Voisin(L), Scott Warr en(S), Le Hérissier(S), Fox(H), Bridge(H), Martin(H), Southern (H), Bernstein (B), Ferguson(B), St. Ouen, Ryan(H), Grouville , St. Peter, Hilton(H), De Faye(H).

THE STATES further resumed consideration and, adopting the proposition of Senator Stuart Syvret, agreed that no new "user pays" charges would be introduced by Committees of the States without any such charge receiving prior in principle approval by the States Assembly.

Members present voted as follows –

"Pour" (38) Senators

Le Maistre, Syvret, Norman, Kinnard, Le Claire, E. Vibert . Connétable s

St. Martin, St. Ouen, St. Brelade, St. Mary, St. Peter, St. Clement, Trinity , St. Lawrence.

Deputies

Duhamel(S), Breckon(S), Huet(H), St. Martin, St. John, Le Main(H), Baudains(C), Dorey(H), Troy (B Voisin(L), Scott Warr en(S), Le Hérissier(S), Fox(H), Bridge(H), Martin(H), Southern (H), Bernstein (B), Ferguson(B), St. Ouen, Ryan(H), Grouville , St. Peter, Hilton(H), De Faye(H).

"Contre" (12)

Senators

Le Sueur, Lakeman, Routier, M. Vibert , Ozouf . Connétable s

St. Saviour, St. Helier.

Deputies

Trinity , Dubras(L), Farnham (S), St. Mary, Taylor (C). Draft Public Elections (Jersey) Regulations 200- P.64/2003

THE STATES commenced consideration of the draft Public Elections (Jersey) Regulations 200-, and adopted the Preamble and Regulations 1 and 2.

Regulation 3 was adopted. Members present voted as follows –

"Pour" (34)

Senators

Le Maistre, Syvret, Le Claire, Lakeman, E. Vibert . Connétable s

St. Martin, St. Ouen, St. Saviour, St. Brelade, St. Mary, St. Peter, St. Clement, St. Helier, Tri St. Lawrence.

Deputies

Trinity , Duhamel(S), Huet(H), St. Martin, Le Main(H), Baudains(C), Troy (B), Le Hérissier(S), Marti (H), Bernstein(B), Ferguson(B), St. Mary, St. Ouen, Ryan(H), Taylor (C), Grouville , St. Peter, Hilton (H), De Faye(H).

"Contre" (11)

Senators

Norman, Kinnard, Le Sueur. Deputies

Breckon(S), St. John, Dubras(L), Dorey(H), Scott Warr en(S), Fox(H), Bridge(H), Southern (H). Regulation 4 was adopted.

THE STATES, in pursuance of Articles 13, 30 and 72 of the Public Elections (Jersey) Law 2002, mad Regulations entitled the Public Elections (Jersey) Regulations 2003.

Draft Housing (General Provisions) (Amendment No. 19) (Jersey) Regulations 200- P.67/2003

THE STATES commenced consideration of the draft Housing (General Provisions) (Amendment No. 19) (Jersey) Regulations 200-, and adopted the Preamble.

Members present voted as follows –

"Pour" (44)

Senators

Le Maistre, Syvret, Norman, Kinnard, Le Sueur, Le Claire, Lakeman, Routier, M. Vibert , Ozouf E. Vibert .

Connétable s

St. Martin, St. Ouen, St. Brelade, St. Mary, St. Peter, St. Clement, St. Helier, Trinity , St. Lawrence. Deputies

Trinity , Duhamel(S), Breckon(S), St. Martin, St. John, Le Main(H), Dubras(L), Dorey(H), Troy (B Voisin(L), Scott Warr en(S), Le Hérissier(S), Fox(H), Bridge(H), Martin(H), Southern (H), Bernstein (B), Ferguson(B), St. Mary, St. Ouen, Ryan(H), St. Peter, Hilton(H), De Faye(H).

"Contre" (0)

Regulations 1 and 2 were adopted.

THE STATES, in pursuance of Articles 10 and 15 of the Housing (Jersey) Law 1949, made Regulations entitled the Housing (General Provisions) (Amendment No. 19) (Jersey) Regulations 2003.

Adjournment

THE STATES then adjourned, having agreed to meet on 1st July 2003, to consider the outstanding items of public business.

THE STATES rose at 6.18 p.m.

M.N. DE LA HAYE Greffier of the States.