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States Minutes 22nd June 2005

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THE STATES assembled on Wednesday, 22nd June 2005 at 9.30 a.m. under

the Presidency of the Bailiff ,

Sir Philip Bailhache .

All members were present with the exception of

S e nator Edward Philip Vibert – ill

S e nator Richard Joseph Shenton ill

A l an Breckon, Deputy of St. Saviour – ill

M  ichael Andrew Taylor , Deputy of St.  Clement out of the Island C o lin Hedley Egré, Deputy of St.  Peter ill.

Prayers read by the Greffier of the States.

Matters lodged

The following matters were lodged "au Greffe"

Warr en Farm, Noirmont, St.  Brelade. P.125/2005. Presented by Deputy S.C. Ferguson of St.  Brelade, and referred to the Economic

Development and the Environment and Public Services Committees.

Restriction on smoking in enclosed workplaces. P.126/2005. Presented by the Health and Social Services Committee.

Draft Island Planning (Amendment No.  9) (Jersey) Law 200-. P.127/2005. Presented by the Environment and Public Services Committee.

Draft Planning and Building (Amendment No.  3) (Jersey) Law 200-. P.128/2005. Presented by the Environment and Public Services Committee.

Migration: monitoring and regulation – P.25/2005 Comments and amendments

THE  STATES  resumed  consideration  of  a  proposition  of  the  Policy  and  Resources  Committee  concerning Migration: monitoring and regulation and adopted an amendment of Deputy Geoffrey Peter Southern of St. Helier that at the end of paragraph  6, after the words"Social Security registration", there be inserted the words "and to agree that political responsibility for the office should not lie with the Economic Development Committee (or the future Minister for Economic Development) and to charge the Policy and Resources Committee to bring forward proposals for approval by the States on which other Committee (and Minister) should have this responsibility".

Members present voted as follows

POUR: 38 CONTRE: 1 ABSTAIN: 1

Senator J.A. Le  Maistre Deputy F.G. Voisin (L) Deputy M.F. Dubras (L) Senator S. Syvret

Senator F.H. Walker

Senator W. Kinnard Senator P.V.F. Le  Claire 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. Mary Connétable of St. Peter Connétable of St. Clement Connétable of St. Helier Connétable of St. Lawrence Connétable of Grouville Connétable of St. John

Deputy of Trinity

Deputy R.C. Duhamel (S) Deputy J.J. Huet (H)

Deputy of St.  Martin

Deputy T.J. Le  Main (H) Deputy G.C.L. Baudains (C) Deputy J.L. Dorey (H)

Deputy P.N. Troy (B)

Deputy C.J. Scott Warr en (S) Deputy R.G. Le Hérissier (S) Deputy J-A. Bridge (H)

Deputy J.A. Martin (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 Grouville

Deputy J.A. Hilton (H)

THE STATES, after further discussion of the proposition of the Policy and Resources Committee, rejected a proposition of Deputy Jacqueline Ann Hilton of St.  Helier that the matter be referred back to that Committee.

Members present voted as follows

POUR: 11 CONTRE: 35 ABSTAIN: 0

Senator S. Syvret

Senator P.V.F. Le  Claire Connétable of Grouville Deputy R.C. Duhamel (S) Deputy J.J. Huet (H) Deputy of St.  Martin Deputy P.N. Troy (B) Deputy J.A. Martin (H) Deputy J.A. Bernstein (B) Deputy of Grouville Deputy J.A. Hilton


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. Ouen Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Mary Connétable of St. Peter Connétable of St. Clement

Connétable of St. Helier Connétable of Trinity Connétable of St. Lawrence Connétable of St. John

Deputy of Trinity

Deputy of St.  John

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

Deputy F.G. Voisin (L)

Deputy C.J. Scott Warr en (S) Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

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

Deputy of St.  Ouen

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

THE STATES, after further consideration of the proposition of the Policy and Resources Committee, adopted a proposition of Senator Jean Amy Le  Maistre that, in accordance with Standing Order 26A(1), the question be now put.

Members present voted as follows

POUR: 23 CONTRE: 13 ABSTAIN: 0

Senator J.A. Le  Maistre Senator L. Norman Senator F.H. Walker Senator W. Kinnard

Senator T.A. Le  Sueur Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Mary Connétable of St. Peter Connétable of Trinity Connétable of St. Lawrence Connétable of Grouville Deputy of Trinity

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

Deputy T.J. Le  Main (H) Deputy M.F. Dubras (L) Deputy F.G. Voisin (L) Deputy L.J. Farnham (S) Deputy J.B. Fox (H) Deputy J-A. Bridge (H) Deputy P.J.D. Ryan (H)


Senator P.V.F. Le  Claire Connétable of St. Clement Deputy J.J. Huet (H)

Deputy G.C.L. Baudains (C) Deputy C.J. Scott Warr en (S)

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

Deputy G.P. Southern (H) Deputy of St.  Mary

Deputy of St.  Ouen

Deputy of Grouville

Deputy J.A. Hilton (H)

Deputy G.W.J. de  Faye (H)

THE STATES, adopting a proposition of the Policy and Resources Committee, as amended, referred to their Act dated 7th October 2003, in which they charged the Policy and Resources Committee, in consultation with other Committees as appropriate, to bring forward for approval detailed proposals on migration policy and supporting regulatory systems, and

( a ) agreed in principle that the States should monitor and regulate the factors that govern migration in the

context of the overall population to ensure a balance between economic growth and the demand for, and supply of, labour, accommodation, infrastructure and resources of the Island, and promote greater social inclusion, as set out in section  3 of the report of the Policy and Resources Committee dated 18th November 2004;

( b ) agreed in principle to –

1 . i n te grate the policy for housing consent, monitoring employment and regulation of undertakings and

development to simplify and streamline the processes involved, as detailed in section  5.1 of the said report;

2 . h a v e only three categories of registration –

( i) t h o s e who were entitled, comprising persons who qualified as local "(a-h)" under the Housing

(General Provisions) (Jersey) Regulations 1970, as amended;

( ii ) t h o s e who became licensed, either through gaining a licensed job, including persons who were

currently described as "(j)" category, or "(k)" category under the 1970 Regulations; and

( i ii ) th o s e who were registered-only, equivalent to those who currently did not qualify under the

1970 Regulations;

w  it h a l ig n ed criteria to access both employment and accommodation, as detailed in section  5.2 of the

said report;

3 . l in k  access  to  accommodation  to  employment  for  those  who  were  described  as  licensed  and

registered-only in (2) above, as detailed in section  5.3 of the said report;

4 . c r e ate a register of the Island population in the three categories: entitled, licensed or registered-only,

as detailed in section  5.4 of the said report;

5 . m  o nitor migration and regulate the factors that govern migration through a system of job licensing for

employers and overall control of employment, as detailed in section  5.5 of the said report;

6 . d e signate  a  single  office  by  July  2005,  working  with  the  Housing,  Economic  Development,

Employment and Social Security, and Environment and Public Services Committees, to amalgamate the functions of housing consent, Regulation of Undertakings and Development and Social Security registration and to agree that political responsibility for the office should not lie with the Economic Development Committee (or the future Minister for Economic Development) and to charge the Policy and Resources Committee to bring forward proposals for approval by the States on which other Committee (and Minister) should have this responsibility;

( c ) charged the Policy and Resources Committee, in consultation with the Economic Development, Housing,

Home Affairs and Employment and Social Security Committees, to bring forward the necessary legal and other measures to give effect to the above for consideration by the States.

Members present voted as follows

POUR: 37 CONTRE: 5 ABSTAIN: 0 Senator J.A. Le  Maistre Senator S. Syvret

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. Brelade Connétable of St. Mary Connétable of St. Peter Connétable of St. Clement Connétable of St. Helier Connétable of Trinity Connétable of St. Lawrence Connétable of Grouville Deputy of Trinity

Deputy R.C. Duhamel (S) Deputy J.J. Huet (H)

Deputy of St.  Martin

Deputy of St.  John

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

Deputy F.G. Voisin (L)

Deputy S.C. Scott Warr en (S) Deputy L.J. Farnham (S) Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy J-A. Bridge (H)

Deputy of St.  Mary

Deputy of St.  Ouen

Deputy P.J.D. Ryan (H) Deputy of Grouville

Deputy G.W.J. de  Faye (H)


Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy J.A. Bernstein (B) Deputy J.A. Hilton (H)

Change in Presidency

The Bailiff retired from the Chair during consideration of the proposition of Deputy Jacqueline Ann Hilton of St. Helier that the proposition of the Policy and Resources Committee concerning Migration: monitoring and regulation, (P.25/2005 lodged "au Greffe" on 8th February 2005), be referred back to that Committee, and the meeting continued under the presidency of Mr. Michael Nelson de la Haye, Greffier of the States.

The Bailiff returned to the Chamber following members voting on the proposition of Deputy Jacqueline Ann Hilton of St. Helier that the proposition of the Policy and Resources Committee concerning Migration: monitoring and regulation, (P.25/2005 lodged "au Greffe" on 8th February 2005), be referred back to that Committee, and the meeting continued under his presidency.

Jersey Employment Tribunal: appointment of members – P.97/2005 Amendment

THE STATES, adopting a proposition, as amended, of the Employment and Social Security Committee, appointed, in accordance with Regulation 3 of the Employment Tribunal (Jersey) Regulations 2005 and on the recommendation of the Jersey Appointments Commission, the following persons as members of the Jersey Employment Tribunal with effect from 1st July 2005, and for the periods shown

Advocate David Fisher Le  Quesne (Chair) – 5 years Mrs.  Nicola Santos-Costa ( Deputy Chair) – 5 years Mrs.  Susan Armes 4 years Mrs.  Mary Curtis 3 years Mrs.  Kelly Flageul – 3 years Mrs.  Carol Harvey 5 years Mr.  Patrick Kirwan 5 years Mr.  Samuel Le  Breton–  5 years Mr.  James McCartan 4 years Mr.  William McPhee 1 year Mr.  Stewart Mourant 5 years Mr.  Peter Woodward 4 years Mr.  Alan Hall 2 years

Public Employees Contributory Retirement Scheme Committee of Management: membership P.100/2005

THE  STATES,  adopting  a  proposition  of  the  Policy  and  Resources  Committee,  and  in  accordance  with Regulation  3(5) of the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989, as  amended,  approved  the  appointment  of  Mr.  Michael  John  Pinel  as  an  employer  representative  on  the Committee of Management for the period ending 31st December 2006, in place of the Chief Executive of the States Human Resources Department.

States Members' remuneration Review Body: amended terms of reference P.101/2005

THE STATES, adopting a proposition of the Privileges and Procedures Committee, referred to their Act dated 13th  May  2003,  in  which  they  agreed  that  an  independent  States  Members' Remuneration  Review  Body comprising persons who were not members of the States should be established, to their Act dated 25th November 2003, in which they approved detailed terms of reference for the Body, and to their Act dated 22nd June 2004, in which they appointed the members of the Body, and

ag reed that the terms of reference of the Body should be amended to enable it to consider and make

recommendations on any matter relating to the remuneration, allowances and benefits available to elected members of the States as it considered appropriate, provided that no such recommendations made by the Body on matters other than on the actual level of remuneration payable to all elected members should be implemented until they had been debated and agreed by the States.

Members present voted as follows

POUR: 35 CONTRE: 3 ABSTAIN: 0

Senator J.A. Le  Maistre Senator S. Syvret

Senator L. Norman Senator F.H. Walker Senator W. Kinnard Senator T.A. Le  Sueur Senator P.F. Routier Senator M.E.   Vibert Connétable of St. Ouen Connétable of St. Brelade


Senator P.F.C. Ozouf Deputy J.J. Huet (H) Deputy of St.  John

Connétable of St. Mary Connétable of St. Peter Connétable of St. Clement Connétable of St. Helier Connétable of Trinity Connétable of St. Lawrence Connétable of Grouville 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 C.J. Scott Warr en (S) Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy J.A. Martin (H)

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

Deputy P.J.D. Ryan (H) Deputy of Grouville

Deputy J.A. Hilton (H)

Deputy G.W.J. de  Faye (H)

Public Employees Contributory Retirement Scheme Committee of Management: appointment of Chairman – P. 102/2005

THE STATES, adopting a proposition of the Finance and Economics Committee, approved, in accordance with Regulation  3(6) of the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989, the appointment of Mr.  Ronald Amy O.B.E. as Chairman of the Committee of Management, for a period of 3 years commencing 1st July 2005.

Adjournment

THE STATES then adjourned, having agreed to reconvene on Tuesday 28th June 2005, in order to consider the outstanding matters of public business.

THE STATES rose at 5.35 p.m.

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