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States Minutes 16th November 2004

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THE STATES assembled on Tuesday, 16th November 2004 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 Edward Philip Vibert – out of the Island

T hom as John du Feu, Connétable of St. Peter – ill

J acq ueline Jeannette Huet, Deputy of St. Helier – out of the Island T er ence John Le Main, Deputy of St. Helier– out of the Island

C e lia Joyce Scott Warr en, Deputy of St. Saviour–  ill

J enni fer-Anne Bridge, Deputy of St. Helier – out of the Island.

Prayers His Excellency the Ambassador of Iceland – welcome

The Bailiff , on behalf of all members, welcomed His Excellency Mr. Sverrir Gunnlaugsson, the Ambassador of Iceland to the States.

Subordinate legislation tabled

The following enactment was laid before the States, namely –

Hospital Charges (Long-Stay Patients) (Amendment No. 7) (Jersey) Order R&O 132/2004. 2004.

Health and Social Services Committee.

Matters presented

The following matters were presented to the States –

Workforce Solutions Limited: report and financial statements for the year ended R.C.50/2004. 31st December 2003.

Presented by the Employment and Social Security Committee.

Oakfield Industries Limited: annual report for the year ended 31st December R.C.51/2004. 2003.

Presented by the Employment and Social Security Committee.

States Members Remuneration Review Body: recommendations for 2005. R.C.52/2004. Presented by the Privileges and Procedures Committee.

THE STATES ordered that the said reports be printed and distributed. Matters lodged

The following matters were lodged "au Greffe" –

States Members' parking (P.199/2004): amendment. P.199/2004. Presented by Senator J.A. Le Maistre. Amd.

Fields 89, 89A, 90, 92 and 93, Le Marais, St. Clement: redevelopment–  approval P.200/2004. of drawings.

Presented by the Housing Committee.

Maritime House, La Route du Port Elizabeth, St. Helier: transfer of P.201/2004. administration.

Presented by the Policy and Resources Committee.

A People's Advocate. P202/2004. Presented by Senator S. Syvret, and referred to the Policy and Resources, the

Finance and Economics, and the Privileges and Procedures Committees, and

H.M. Attorney General.

Budget 2005: amendments. P.203/2004. Senator M.E. Vibert , and referred to the Employment and Social Security

Committee.

Development of a Cultural Strategy for the Island – P.172/2004 – referral

THE STATES agreed to refer a proposition of the Education, Sport and Culture Committee concerning the Development of a Cultural Strategy for the Island, (P.172/2004 lodged "au Greffe" on 12th October 2004), to the Environment and Public Services, and Economic Development Committees.

Arrangement of public business for the next meeting on 23rd November 2004

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 23rd November 2004 –

Draft Police Procedures and Criminal Evidence (Jersey) Law 2003 (Appointed P.186/2004. Day) (No. 2) Act 200-.

Lodged: 2nd November 2004.

Home Affairs Committee.

Draft Police Procedures and Criminal Evidence (Jersey) Law 2003 (Amendment) P.187/2004. (Jersey) Regulations 200-.

Lodged: 2nd November 2004.

Home Affairs Committee.

Draft States of Jersey Law 200- P.124/2004 (re-issue) Comments and Amendments

THE STATES resumed consideration of the draft States of Jersey Law 200-, and adopted Article 43.

THE STATES adopted an amendment of Senator Stuart Syvret that after Article 43 there be inserted the following Article and that the remaining Articles be renumbered accordingly –

" [  ]  Offence of offering bribe

A  person who offers to any member of the States, officer of the States or member of a committee of inquiry established by standing orders any bribe, fee, compensation, gift or reward in order to influence

him or her in his or her conduct as such member or officer, or for, or in respect of the promotion or of opposition to any matter, proposition, question, bill, petition or other thing submitted or intended to be

submitted to the States, the Council of  Ministers, the Chief Minister, any other Minister, an Assistant

Minister or any committee or panel established under standing orders, or who is a party to such an offence, shall be guilty of an offence and liable to imprisonment for a term of 5 years and a fine."

Members present voted as follows –

POUR: 25 CONTRE: 19 ABSTAIN: 0

Senator J.A. Le Maistre Senator S. Syvret

Senator L. Norman Senator F.H. Walker Senator W. Kinnard Senator P.V.F. Le Claire Senator M.E. Vibert Senator R.J. Shenton Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Helier Connétable of Trinity Connétable of St. John Deputy of Trinity

Deputy R.C. Duhamel (S) Deputy A. Breckon (S) Deputy of St. Martin Deputy of St. John Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy M.A. Taylor (C) Deputy of Grouville Deputy of St. Peter Deputy J.A. Hilton (H)


Senator T.A. Le Sueur

Senator P.F.C. Ozouf Connétable of St. Martin Connétable of St. Mary Connétable of St. Clement Connétable of St. Lawrence Connétable of Grouville Deputy M.F. Dubras (L) Deputy G.C.L. Baudains (C) Deputy J.L. Dorey (H)

Deputy P.N. Troy (B)

Deputy F.G. Voisin (L) Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy J.A. Bernstein (B) Deputy of St. Mary

Deputy of St. Ouen

Deputy P.J.D. Ryan (H) Deputy G.W.J. de Faye (H)

THE STATES adopted an amendment of Senator Stuart Syvret that after Article 43 there be inserted the following Article and that the remaining Articles be renumbered accordingly –

" [ ] Offence of blackmail, menace or compulsion

A  person who blackmails or attempts to blackmail or who offers any threat, assault, obstruction or

molestation or attempt to compel by force or menace any member of the States, member of a committee of inquiry established under standing orders or officer of the States in order to influence him or her in his or her conduct as such member or officer, or for, or in respect of the promotion of or of opposition to any matter, proposition, question, bill, petition or other thing submitted or intended to be submitted to the States, the Council of Ministers, the Chief Minister, any other Minister, an Assistant Minister or any committee or panel established under standing orders, or who is a party to such an offence, shall be guilty of an offence and liable to imprisonment for a term of 5 years and a fine."

Members present voted as follows –

POUR: 29 CONTRE: 12 ABSTAIN: 0

Senator J.A. Le Maistre Senator P.F.C. Ozouf Senator S. Syvret Connétable of St. Clement Senator F.H. Walker Connétable of Grouville Senator W. Kinnard Deputy J.L. Dorey (H) Senator P.V.F. Le Claire Deputy P.N. Troy (B) Senator R.J. Shenton Deputy F.G. Voisin (L)

Deputy  R.G.  Le Hérissier Connétable of St. Martin (S)

Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Mary Connétable of St. Helier Connétable of Trinity Connétable of St. Lawrence Connétable of St. John Deputy of Trinity

Deputy R.C. Duhamel (S) Deputy A. Breckon (S) Deputy of St. Martin Deputy of St. John

Deputy M.F. Dubras (L) Deputy G.C.L. Baudains (C) Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of St. Ouen

Deputy P.J.D. Ryan (H) Deputy M.A. Taylor (C) Deputy of Grouville

Deputy J.A. Hilton (H)


Deputy J.B. Fox (H) Deputy J.A. Bernstein (B) Deputy S.C. Ferguson (B) Deputy of St. Mary Deputy G.W.J. de Faye (H)

THE STATES rejected an amendment of Senator Stuart Syvret that after Article 43 there be inserted the following Article and that the remaining Articles be renumbered accordingly –

" [ ] Offence by member concerning covert recordings

( 1 ) A member of the States who makes, or procures another person to make, or who is a party to the

making of, an audio or video recording of another member of the States, officer of the States or member of a committee of inquiry established by standing orders, in such a manner as is calculated to ensure that the person so recorded is unaware that such recording is taking place, shall be guilty of an offence and liable to imprisonment for a term of 2 years and a fine of level 4 on the standard scale.

( 2 ) A member of the States who attempts to do anything that would be an offence under paragraph (1)

shall also be guilty of an offence under that paragraph."

Members present voted as follows –

POUR: 8 CONTRE: 37 ABSTAIN: 0

Senator S. Syvret

Senator P.V.F. Le Claire Senator R.J. Shenton Connétable of St. Mary Deputy A. Breckon (S) Deputy J.A. Martin (H) Deputy J.A. Bernstein (B) Deputy of Grouville


Senator J.A. Le Maistre Senator L. Norman

Senator F.H. Walker Senator W. Kinnard

Senator T.A. Le Sueur Senator P.F. Routier Senator M.E. Vibert Senator P.F.C. Ozouf Connétable of St. Martin Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Clement Connétable of St. Helier Connétable of Trinity Connétable of St. Lawrence Connétable of Grouville Connétable of St. John

Deputy of Trinity

Deputy R.C. Duhamel (S) Deputy of St. Martin

Deputy M.F. Dubras (L) Deputy G.C.L. Baudains (C) Deputy J.L. Dorey (H)

Deputy P.N. Troy (B)

Deputy F.G. Voisin (L) Deputy L.J. Farnham (S) Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy S.C. Ferguson (B) Deputy of St. Mary

Deputy of St. Ouen

Deputy P.J.D. Ryan (H) Deputy M.A. Taylor (C) Deputy of St. Peter

Deputy J.A. Hilton (H)

Deputy G.W.J. de Faye (H)

THE STATES commenced consideration of an amendment of Senator Stuart Syvret that after Article 43 there be inserted the following Article and that the following Articles be renumbered accordingly –

" [  ] Offence by officer concerning the provision of information

(1 )    A n officer who, in the course of his or her duties –

( a ) pr ovi des a Minister with any information or document, knowing it to be false in a material

particular;

( b ) know    ingly misleads a Minister, by omitting to provide the Minister with any information

or document in the officer's possession or which the officer knows to exist which is material to any decision to be made by the Minister in the discharge of the Minister's functions; or

( c ) know ingly permits the provision, or the omission of the provision, of any information or

document under sub-paragraph (a) or (b),

s hal l be gu ilty of an offence and liable to imprisonment for a term of 2 years and a fine of level 4

on the standard scale.

(2 ) P aragraph (1) shall not apply to any omission to provide information or a document where its

provision is prohibited by any enactment or rule of law.

(3 ) I n t  his Article –

" Mi ni s ter " includes the Chief Minister and any Assistant Minister;

" o f fi ce r" m  eans a person employed under the Civil Service Administration (Jersey) Law 1948 whose duties are wholly or mainly administrative, professional, technical or clerical.",

and, after consideration, adopted a proposition of Deputy Gerard Clifford Lemmens Baudains of St. Clement that, in accordance with Standing Order 26(A)(1), the question be now put.

Members present voted on the closure proposition as follows –

POUR: 24 CONTRE: 17 ABSTAIN: 0

Senator J.A. Le Maistre Senator S. Syvret Senator L. Norman Senator W. Kinnard

Senator F.H. Walker Senator P.F. Routier Senator R.J. Shenton Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Mary Connétable of St. Clement

Connétable of St. Lawrence Connétable of Grouville Connétable of St. John Deputy of Trinity

Deputy R.C. Duhamel (S) Deputy of St. Martin Deputy of St. John

Deputy G.C.L. Baudains (C) Deputy J.B. Fox (H)

Deputy S.C. Ferguson (B) Deputy of St. Mary

Deputy P.J.D. Ryan (H) Deputy M.A. Taylor (C) Deputy of St. Peter


Senator P.V.F. Le Claire Senator M.E. Vibert Connétable of Trinity Deputy A. Breckon (S) Deputy M.F. Dubras (L) Deputy J.L. Dorey (H) Deputy P.N. Troy (B) Deputy L.J. Farnham (S) Deputy R.G. Le Hérissier (S)

Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of St. Ouen

Deputy of Grouville

Deputy J.A. Hilton (H) Deputy G.W.J. de Faye (H)

THE STATES rejected the amendment of Senator Stuart Syvret.

Members present voted on the amendment as follows –

POUR: 21 CONTRE: 24 ABSTAIN: 0

Senator J.A. Le Maistre Senator S. Syvret

Senator P.V.F. Le Claire Senator R.J. Shenton Connétable of St. Mary Connétable of St. John

Deputy R.C. Duhamel (S) Deputy A. Breckon (S)

Deputy of St. Martin

Deputy of St. John

Deputy G.C.L. Baudains (C) Deputy P.N. Troy (B)

Deputy R.G. Le Hérissier (S) Deputy J.A. Martin (H)

Deputy G.P. Southern (H) Deputy J.A. Bernstein (B) Deputy of St. Ouen

Deputy of Grouville

Deputy of St. Peter

Deputy J.A. Hilton (H)

Deputy G.W.J. de Faye (H)


Senator L. Norman

Senator F.H. Walker Senator W. Kinnard

Senator T.A. Le Sueur Senator P.F. Routier Senator M.E. Vibert Senator P.F.C. Ozouf Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Clement Connétable of Trinity Connétable of St. Lawrence Connétable of Grouville Deputy of Trinity

Deputy M.F. Dubras (L) Deputy J.L. Dorey (H) Deputy F.G. Voisin (L) Deputy L.J. Farnham (S) Deputy J.B. Fox (H) Deputy S.C. Ferguson (B) Deputy of St. Mary

Deputy P.J.D. Ryan (H) Deputy M.A. Taylor (C)

THE STATES rejected an amendment by Senator Stuart Syvret that after Article 43, there be inserted the following Article and that the remaining Articles be renumbered accordingly –

"[ ] Offence by member concerning declaration of interests

A   m em  ber of the States who, when required by standing orders to declare his or her interests,

knowingly –

(a ) m akes a false declaration; or (b ) f ai ls to make a declaration,

sha l l be  guilty of an offence and liable to imprisonment for a term of 2 years and a fine of level 4 on

the standard scale."

Members present voted as follows –

POUR: 19 CONTRE: 27 ABSTAIN: 0

Senator J.A. Le Maistre Senator S. Syvret

Senator W. Kinnard

Senator P.V.F. Le Claire Senator R.J. Shenton Connétable of St. Mary Connétable of St. John Deputy R.C. Duhamel (S) Deputy A. Breckon (S) Deputy of St. John

Deputy G.C.L. Baudains (C) Deputy P.N. Troy (B) Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy J.A. Bernstein (B) Deputy of Grouville

Deputy of St. Peter

Deputy J.A. Hilton (H) Deputy G.W.J. de Faye (H)


Senator L. Norman

Senator F.H. Walker

Senator T.A. Le Sueur

Senator P.F. Routier

Senator M.E. Vibert

Senator P.F.C. Ozouf Connétable of St. Martin Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Clement Connétable of Trinity Connétable of St. Lawrence Connétable of Grouville Deputy of Trinity

Deputy of St. Martin

Deputy M.F. Dubras (L) Deputy J.L. Dorey (H)

Deputy F.G. Voisin (L) Deputy L.J. Farnham (S) Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy S.C. Ferguson (B) Deputy of St. Mary

Deputy of St. Ouen

Deputy P.J.D. Ryan (H) Deputy M.A. Taylor (C)

THE STATES commenced consideration of Article 44 and adopted an amendment of Senator Stuart Syvret that in paragraph (4)(a) for the word"one", there be substituted the word "two".

THE  STATES  further  adopted  an  amendment  of   Deputy  Sarah  Craig  Ferguson  of  St. Brelade  that  in Article 44, for sub-paragraph (c) of paragraph (3), there be substituted the following paragraph –

" ( c) require the States to appoint at least 4 persons to be members of such Committee of whom –

(i ) 50%  shall be elected members, who are not Ministers or Assistant Ministers, and

(i i) 50%  shall be persons who are not members of the States.".

Members present voted as follows –

POUR: 36 CONTRE: 3 ABSTAIN: 0

Senator L. Norman Senator J.A. Le Maistre Senator F.H. Walker Senator S. Syvret

Senator W. Kinnard

Senator T.A. Le Sueur

Senator P.F. Routier

Senator M.E. Vibert

Senator P.F.C. Ozouf

Senator R.J. Shenton Connétable of St. Martin Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Mary Connétable of St. Clement Connétable of Trinity Connétable of St. Lawrence Connétable of Grouville Connétable of St. John

Deputy of Trinity

Deputy R.C. Duhamel (S) Deputy A. Breckon (S)

Deputy of St. Martin

Deputy M.F. Dubras (L) Deputy J.L. Dorey (H)

Deputy P.N. Troy (B)

Deputy F.G. Voisin (L)

Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy J.A. Martin (H)

Deputy J.A. Bernstein (B) Deputy S.C. Ferguson (B) Deputy of St. Mary

Deputy of St. Ouen

Deputy M.A. Taylor (C) Deputy of St. Peter

Deputy G.W.J. de Faye (H)


Deputy of Grouville

Article 44, as amended, was adopted.

THE STATES commenced consideration of Article 45 and adopted an amendment by Deputy Sarah Craig Ferguson of St. Brelade that in paragraph (a), the words"of inquiry" be omitted.

Article 45, as amended, was adopted. THE STATES adopted Article 46. THE STATES adopted Article 47.

THE STATES adopted an amendment of Senator Stuart Syvret that, after Article 47, there be inserted the following Article and that the remaining Articles be renumbered accordingly –

"[ ] Right to a fair trial and hearing

(1  )     A ny member or person subject to any disciplinary action in respect of this Law or standing

orders shall have the right to a fair trial or hearing as defined in Article 6 of the European Convention on Human Rights;

(2 ) P aragraph (1) shall not prevent the person presiding at a meeting of the States from exercising

such authority as may be prescribed and necessary for the immediate restoration of good order during the meeting."

Members present voted as follows –

POUR: 21 CONTRE: 19 ABSTAIN: 0

Senator J.A. Le Maistre Senator S. Syvret

Senator P.V.F. Le Claire Senator R.J. Shenton Connétable of St. Brelade Connétable of St. Mary Connétable of Trinity Connétable of St. John

Deputy of Trinity

Deputy R.C. Duhamel (S) Deputy A. Breckon (S)

Deputy M.F. Dubras (L) Deputy G.C.L. Baudains (C) Deputy F.G. Voisin (L)

Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy G.P. Southern (H) Deputy J.A. Bernstein (B) Deputy of Grouville

Deputy J.A. Hilton (H)


Senator L. Norman

Senator F.H. Walker Senator T.A. Le Sueur Senator P.F. Routier Senator M.E. Vibert Senator P.F.C. Ozouf Connétable of St. Martin Connétable of St. Ouen Connétable of St. Clement Connétable of St. Lawrence Connétable of Grouville Deputy of St. Martin Deputy J.L. Dorey (H) Deputy P.N. Troy (B) Deputy S.C. Ferguson (B) Deputy of St. Mary

Deputy of St. Ouen

Deputy M.A. Taylor (C) Deputy G.W.J. de Faye (H)

THE STATES adopted Articles 48 and 49, together with Schedule 3, having noted that, consequential to rejecting an amendment of Senator Stuart Syvret to Article 2 on 9th November 2004, that in paragraph (2 after the word Assembly' there be inserted the words "except that those members who are not elected members shall speak only on such subjects or occasions, or in such circumstances, as shall be prescribed", the amendment of Senator Stuart Syvret to Article 48 and Schedule 3, (P.124/2004 Amd.(3) lodged"au Greffe" on 26th October 2004), was deemed to have been withdrawn.

THE STATES, having recalled that they had agreed to leave over consideration of Article 1 until the end of the debate on the draft States of Jersey Law 200-, on 9th November 2004, adopted Article 1.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the States of Jersey Law 200-, as amended.

Members present voted as follows –

POUR: 36 CONTRE: 7 ABSTAIN: 1

Senator J.A. Le Maistre Deputy  G.C.L.  Baudains

Senator S. Syvret (C)

Senator L. Norman Senator P.V.F. Le Claire

Senator F.H. Walker Senator R.J. Shenton

Senator W. Kinnard Deputy A. Breckon (S)

Senator T.A. Le Sueur Deputy of St. John

Senator P.F. Routier Deputy G.P. Southern (H)

Senator M.E. Vibert Deputy G.W.J. de Faye (H)

Senator P.F.C. Ozouf

Connétable of St. Martin

Connétable of St. Ouen

Connétable of St. Saviour

Connétable of St. Brelade

Connétable of St. Mary

Connétable of St. Clement

Connétable of Trinity

Connétable of St. Lawrence

Connétable of Grouville

Connétable of St. John

Deputy of Trinity

Deputy R.C. Duhamel (S) Deputy of St. Martin

Deputy M.F. Dubras (L) Deputy J.L. Dorey (H)

Deputy P.N. Troy (B)

Deputy F.G. Voisin (L)

Deputy L.J. Farnham (S) Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy J.A. Bernstein (B) Deputy S.C. Ferguson (B) Deputy of St. Mary

Deputy of St. Ouen

Deputy M.A. Taylor (C) Deputy of Grouville

Deputy of St. Peter

Deputy J.A. Hilton (H)

Arrangement of public business for the next meeting on 23rd November 2004

THE STATES rejected a proposition of Senator Paul Vincent Francis Le Claire that the proposition concerning Planning applications: requirement to publicize, (P.175/2004 lodged "au Greffe" on 12th October 2004), be considered at the next meeting on 23rd November 2004.

Members present voted as follows –

POUR: 17 CONTRE: 24 ABSTAIN: 0

Senator J.A. Le Maistre Senator S. Syvret

Senator W. Kinnard

Senator P.V.F. Le Claire Senator R.J. Shenton Connétable of St. Mary Connétable of St. Lawrence Connétable of Grouville Deputy R.C. Duhamel (S) Deputy A. Breckon (S)

Deputy of St. Martin

Deputy of St. John

Deputy G.C.L. Baudains (C) Deputy P.N. Troy (B)

Deputy R.G. Le Hérissier (S) Deputy G.P. Southern (H) Deputy J.A. Hilton (H)


Senator L. Norman Senator F.H. Walker Senator T.A. Le Sueur Senator P.F. Routier Senator M.E. Vibert Senator P.F.C. Ozouf Connétable of St. Martin Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Clement Connétable of Trinity Connétable of St. John Deputy of Trinity

Deputy M.F. Dubras (L) Deputy J.L. Dorey (H) Deputy L.J. Farnham (S) Deputy J.B. Fox (H) Deputy S.C. Ferguson (B) Deputy of St. Mary Deputy of St. Ouen Deputy M.A. Taylor (C) Deputy of St. Peter Deputy G.W.J. de Faye (H)

Draft Transfer of Functions (Environment and Public Services Committee) (No. 2) (Jersey) Act 200- P.137/2004

Comments

THE STATES commenced consideration of the draft Transfer of Functions (Environment and Public Services Committee) (No. 2) (Jersey) Act 200-, and adopted the preamble.

Members present voted as follows –

POUR: 28 CONTRE: 2 ABSTAIN: 3

Senator L. Norman Connétable of St. Brelade Connétable of St. Ouen Senator F.H. Walker Deputy G.C.L. Baudains (C) Connétable of St. Saviour Senator W. Kinnard Deputy of St. Ouen Senator T.A. Le Sueur

Senator P.F. Routier

Senator M.E. Vibert

Senator P.F.C. Ozouf

Connétable of St. Martin

Connétable of St. Mary

Connétable of St. Clement

Connétable of Trinity

Connétable of St. Lawrence

Connétable of St. John

Deputy of Trinity

Deputy R.C. Duhamel (S)

Deputy A. Breckon (S)

Deputy of St. Martin

Deputy M.F. Dubras (L)

Deputy J.L. Dorey (H)

Deputy P.N. Troy (B)

Deputy F.G. Voisin (L)

Deputy J.B. Fox (H)

Deputy S.C. Ferguson (B)

Deputy of St. Mary

Deputy M.A. Taylor (C)

Deputy of St. Peter

Deputy J.A. Hilton (H)

Deputy G.W.J. de Faye (H)

The States adopted Articles 1 to 4.

THE STATES, in pursuance of Article 29 of the States of Jersey Law 1966, made an Act entitled theTransfer of Functions (Environment and Public Services Committee) (No. 2) (Jersey) Act 2004.

Draft Dogs (Licence Duty) (Jersey) Regulations 200- P.169/2004

THE STATES commenced consideration of the draft Dogs (Licence Duty) (Jersey) Regulations 200-. After discussion Senator Len Norman sought leave to propose that the States move to the consideration of the next item on the Order Paper. The President ruled, in accordance with Standing Order 27(1), that it appeared to him that the proposition was an abuse of the procedure of the States and it was, therefore, disallowed.

THE STATES adopted the preamble.

Members present voted as follows –

POUR: 26 CONTRE: 4 ABSTAIN: 1

Senator S. Syvret Deputy  G.C.L.  Baudains

Senator W. Kinnard (C)

Senator L. Norman Deputy M.E. Vibert

Senator F.H. Walker Deputy R.C. Duhamel (S)

Senator P.F. Routier Connétable of St. Martin Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Clement Connétable of Trinity Connétable of St. Lawrence Connétable of St. John

Deputy of Trinity

Deputy A. Breckon (S)

Deputy of St. John

Deputy M.F. Dubras (L) Deputy J.L. Dorey (H)

Deputy P.N. Troy (B)

Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy J.A. Bernstein (B) Deputy S.C. Ferguson (B) Deputy of St. Mary

Deputy of St. Ouen

Deputy of Grouville

Deputy of St. Peter

Deputy G.W.J. de Faye (H)


Deputy of St. Martin

THE STATES adopted Regulations 1 to 3.

THE STATES, in pursuance of Article 2 of the Dogs (Jersey) Law 1961, made Regulations entitled the Dogs (Licence Duty) (Jersey) Regulations 2004.

Meetings of the States in 2005 – P.181/2004 Amendment

THE STATES, having noted the withdrawal of paragraph (b) by the President of the Privileges and Procedures Committee on 9th November 2004, commenced consideration of paragraph (a) of the proposition of the Privileges and Procedures Committee concerning the meetings of the States in 2005, and rejected an amendment by Deputy Gerard Clifford Lemmens Baudains of St. Clement that in paragraph (a), for the dates in Columns 2 and 3, there be substituted the dates shown in the table below –

Column 1 Tuesday 18th January Tuesday 1st February Tuesday 15th February Tuesday 1st March Tuesday 15th March

Tuesday 5th April Tuesday 19th April Tuesday 10th May Tuesday 24th May Tuesday 7th June


Column 2 Tuesday 25th January Tuesday 8th February Tuesday 22nd February Tuesday 8th March Tuesday 22nd March

Tuesday 12th April Tuesday 26th April Tuesday 17th May Tuesday 31st May Wednesday 8th June


Column 3 Wednesday 26th January Wednesday 9th February Wednesday 23rd February Wednesday 9th March

Wednesday 23rd March Wednesday 13th April Wednesday 27th April Wednesday 18th May Wednesday 1st June Thursday 9th June

Tuesday 21st June Tuesday 5th July Tuesday 19th July Tuesday 13th September

Tuesday 27th September Tuesday 25th October Tuesday 1st November Tuesday 29th November

Members present voted as follows –

POUR: 11


Tuesday 28th June Tuesday 12th July Wednesday 20th July Tuesday 20th September

Tuesday 4th October Wednesday 26th October Wednesday 2nd November Wednesday 30th November

CONTRE: 23


Wednesday 29thJune Wednesday 13th July Thursday 21st July

Wednesday 21stSeptember Wednesday 5th October Thursday 27th October Thursday 3rd November

Thursday 1stDecember

ABSTAIN: 0

Senator L. Norman

Senator W. Kinnard Connétable of St. Lawrence Deputy R.C. Duhamel (S) Deputy A. Breckon (S) Deputy of St. Martin Deputy G.C.L. Baudains (C) Deputy F.G. Voisin (L) Deputy M.A. Taylor (C) Deputy of Grouville

Deputy G.W.J. de Faye (H)


Senator S. Syvret

Senator F.H. Walker

Senator P.F. Routier

Senator M.E. Vibert Connétable of St. Martin Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Clement Connétable of Trinity Connétable of St. John Deputy of Trinity

Deputy of St. John

Deputy M.F. Dubras (L) Deputy J.L. Dorey (H) Deputy P.N. Troy (B) Deputy R.G. Le Hérissier (S)

Deputy J.B. Fox (H)

Deputy G.P. Southern (H) Deputy J.A. Bernstein (B) Deputy S.C. Ferguson (B) Deputy of St. Mary

Deputy of St. Ouen

Deputy of St. Peter

THE STATES, adopting a proposition of the Privileges and Procedures Committee agreed to suspend Standing Orders 4(1) and 5(1C) as necessary, and –

( a ) agreed that in the year 2005 the States should meet on the days listed in Column 1 in the table below,

with the meeting to continue on the day shown in Column 2, and if necessary the day in Column 3, if consideration of the public business set down for the meeting could not be completed on the first day –

Column 1 Column 2 Column 3 Tuesday 18th January Wednesday 19th January Tuesday 25th January

Tuesday 1st February Tuesday 15th February Tuesday 1st March Tuesday 15th March Tuesday 5th April Tuesday 19th April Tuesday 10th May Tuesday 24th May Tuesday 7th June Tuesday 21st June Tuesday 5th July Tuesday 19th July Tuesday 13th September Tuesday 27th September Tuesday 25th October Tuesday 1st November Tuesday 29th November


Wednesday 2nd February Wednesday 16th February Wednesday 2nd March Wednesday 16th March Wednesday 6th April Wednesday 20th April Wednesday 11th May Wednesday 25th May Wednesday 8th June Wednesday 22nd June Wednesday 6th July Wednesday 20th July Wednesday 14th September Wednesday 28th September Wednesday 26th October Wednesday 2nd November Wednesday 30th November


Tuesday 8th February Tuesday 22nd February Tuesday 8th March Tuesday 22nd March Tuesday 12th April Tuesday 26th April Tuesday 17th May

Tuesday 28th June Tuesday 12th July Thursday 21st July Tuesday 20th September Tuesday 4th October

Thursday 3rd November Thursday 1st December

Members present voted as follows –

POUR: 27 CONTRE: 7 ABSTAIN: 0

Senator S. Syvret

Senator L. Norman

Senator F.H. Walker

Senator W. Kinnard

Senator P.V.F. Le Claire Senator P.F. Routier

Senator M.E. Vibert Connétable of St. Martin Connétable of St. Ouen Connétable of St. Saviour Connétable of Trinity Connétable of St. Lawrence Connétable of St. John

Deputy of Trinity

Deputy of St. John

Deputy M.F. Dubras (L) Deputy J.L. Dorey (H)

Deputy P.N. Troy (B)

Deputy F.G. Voisin (L)

Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)


Deputy R.C. Duhamel (S) Deputy A. Breckon (S) Deputy of St. Martin Deputy G.C.L. Baudains (C) Deputy M.A. Taylor (C) Deputy of Grouville

Deputy G.W.J. de Faye

Deputy G.P. Southern (H) Deputy J.A. Bernstein (B) Deputy S.C. Ferguson (B) Deputy of St. Mary Deputy of St. Ouen Deputy of St. Peter

States Auditors: further extension of contract – P.178/2004

The President, in accordance with Article 11(5) of the Public Finances (Administration) (Jersey) Law 1967, as amended, and Standing Order 46(2), ordered the withdrawal of strangers and the closing of the doors of the Chamber in order that the appointment of the States Auditors be debated in camera.

THE STATES, having deliberated thereon in camera, proceeded to vote in public assembly and, adopting a proposition of the Finance and Economics Committee, approved the further extension of Price waterhouseCoopers' contract as States Auditor for the period ending 30th April 2006, to cover the audit of the 2005 States of Jersey Accounts.

Members present voted as follows –

POUR: 20 CONTRE: 11 ABSTAIN: 0

Senator F.H. Walker

Senator P.F. Routier

Senator M.E. Vibert Connétable of St. Ouen Connétable of St. Saviour Connétable of Trinity Connétable of St. Lawrence Connétable of St. John

Deputy of Trinity

Deputy M.F. Dubras (L) Deputy J.L. Dorey (H)

Deputy P.N. Troy (B)

Deputy F.G. Voisin (L)

Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy J.A. Bernstein (B) Deputy S.C. Ferguson (B) Deputy of St. Mary

Deputy of St. Ouen

Deputy M.A. Taylor (C)


Senator S. Syvret

Senator W. Kinnard Senator P.V.F. Le Claire Deputy R.C. Duhamel (S) Deputy A. Breckon (S) Deputy of St. Martin Deputy of St. John Deputy G.P. Southern (H) Deputy of Grouville Deputy of St. Peter Deputy G.W.J. de Faye (H)

Changes in Presidency

The Bailiff retired from the Chair during consideration of the Amendment of Senator Stuart Syvret, that there be inserted a new Article after Article 43 of the draft States of Jersey Law 200-, (P.124/2004 Amd.(3). lodged "au Greffe" on 26th October 2004), regarding offences by an officer concerning the provision of information, and prior to the proposition of Deputy Gerard Clifford Lemmens Baudains of St. Clement that, in accordance with Standing Order 26A(1), the question be now put, and the meeting continued under the presidency of Mrs. Anne Helen Harris , Deputy Greffier of the States.

Mrs. Anne Helen Harris , Deputy Greffier of the States, retired from the Chair prior to the consideration of the draft Transfer of Functions (Environment and Public Services Committee) (No. 2) (Jersey) Act 200-, (P.137/2004 lodged "au Greffe" on 20th July 2004), and the meeting continued under the presidency of Senator Jean Amy Le Maistre.

THE STATES rose at 7.00 p.m.

A.H. HARRIS Deputy Greffier of the States.