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THE STATES assembled on Wednesday,
6th July 2005, at 9.30 a.m. under
the Presidency of Mr. Michael Nelson de la Haye,
Greffier of the States.
All members were present with the exception of –
S e nator Paul Francis Routier – out of the Island
S e nator Edward Philip Vibert – ill
S e nator Richard Joseph Shenton – ill
A l an Breckon, Deputy of St. Saviour – ill
T e rence John Le Main, Deputy of St. Helier– out of the Island J e remy Laurence Dorey, Deputy of St. Helier – ill
G e offrey John Grime, Deputy of St. Mary – ill.
Prayers read by the Acting Dean of Jersey. Arrangement of public business for the present meeting
THE STATES granted leave to the President of the Privileges and Procedures Committee to defer consideration of the following item from the present meeting to a later date –
Draft States of Jersey (Amendment No. 2) Law 200-. P.98/2005. Lodged: 24th May 2005.
Privileges and Procedures Committee.
Draft Employment of States of Jersey Employees (Jersey) Law 200- P.99/2005 Amendments and comments
THE STATES commenced consideration of the draft Employment of States of Jersey Employees (Jersey) Law 200-, and adopted the Preamble.
THE STATES adopted Articles 1 to 30 together with Schedule.
THE STATES commenced consideration of Article 31 and adopted an amendment of the Harbours and Airport Committee that after paragraph (5) in proposed Article 2, there be added the following paragraphs–
(6 ) T h e Airport Director shall, on or as soon as practicable after becoming Airport Director, take oath
before the Royal Court well and faithfully to discharge his or her duties as Airport Director.
( 7 ) A person appointed under paragraph (4) to act as the Airport Director shall, on or as soon as
practicable after being so appointed, take oath before the Royal Court well and faithfully to discharge the duties of the Airport Director while acting as the Airport Director.
THE STATES adopted Article 31, as amended, and Article 32 and 33.
THE STATES commenced consideration of Article 34 and adopted an amendment of the Harbours and Airport Committee that after proposed Article 2A there be added the following Article –
2 B Oaths
( 1 ) The Harbour Master shall, on or as soon as practicable after becoming Harbour Master, take oath before
the Royal Court well and faithfully to discharge his or her duties as Harbour Master.
( 2 ) A person appointed under Article 2A to act as the Harbour Master shall, on or as soon as practicable
after being so appointed, take oath before the Royal Court well and faithfully to discharge, while acting as the Harbour Master, his or her duties as the Harbour Master under that Article.
Members present voted as follows –
POUR: 30 CONTRE: 1 ABSTAIN: 0 Senator S. Syvret Deputy of St. John
Senator L. Norman
Senator F.H. Walker
Senator T.A. Le Sueur
Senator P.V.F. Le Claire
Senator M.E. Vibert
Connétable of St. Martin
Connétable of St. Ouen
Connétable of St. Saviour
Connétable of St. Brelade
Connétable of St. Peter
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 J.J. Huet (H)
Deputy of St. Martin
Deputy M.F. Dubras (L)
Deputy C.J. Scott Warr en (S)
Deputy R.G. Le Hérissier (S)
Deputy J.B. Fox (H)
Deputy J.A. Bernstein (B)
Deputy S.C. Ferguson (B)
Deputy M.A. Taylor (C)
Deputy of Grouville
Deputy of St. Peter
Deputy G.W.J. de Faye (H)
THE STATES adopted Article 34, as amended, and Articles 35 to 40.
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Employment of States of Jersey Employees (Jersey) Law 200-.
Freedom of Information: proposed legislation – P.72/2005 Amendment and comments
THE STATES commenced consideration of a proposition of the Privileges and Procedures Committee, as amended by that Committee, concerning Freedom of Information: proposed legislation, and adopted a proposition of Deputy Roy George Le Hérissier of St. Saviour that Standing Order 26A, relating to propositions for closure o debate, be suspended during consideration of the matter.
Members present voted as follows –
POUR: 29 CONTRE: 7 ABSTAIN: 0
Senator J.A. Le Maistre Senator S. Syvret
Senator W. Kinnard
Senator P.V.F. Le Claire Senator M.E. Vibert Connétable of St. Martin Connétable of St. Ouen Connétable of St. Peter Connétable of St. Clement Connétable of St. Helier Connétable of Trinity Connétable of St. John
Deputy of Trinity
Deputy R.C. Duhamel (S) Deputy J.J. Huet (H)
Deputy M.F. Dubras (L) 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. Ouen
Deputy of Grouville
Deputy of St. Peter
Deputy J.A. Hilton (H)
Deputy G.W.J. de Faye (H)
Senator F.H. Walker Senator T.A. Le Sueur Senator P.F.C. Ozouf Connétable of St. Lawrence Connétable of Grouville Deputy G.C.L. Baudains (C) Deputy L.J. Farnham (S)
THE STATES, adopting paragraph (a) of the proposition, as amended, of the Privileges and Procedures Committee –
( a ) agreed that the existing Code of Practice on Public Access to Official Information should be replaced by
a Law, to be known as the Freedom of Information (Jersey) Law 200-.
Members present voted as follows –
POUR: 32 CONTRE: 12 ABSTAIN: 0
Senator J.A. Le Maistre Senator S. Syvret
Senator F.H. Walker Senator W. Kinnard Senator P.V.F. Le Claire Senator M.E. Vibert Senator P.F.C. Ozouf Connétable of St. Martin Connétable of St. Ouen Connétable of St. Mary Connétable of St. Clement
Senator T.A. Le Sueur Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Peter Connétable of St. Lawrence Connétable of Grouville Connétable of St. John Deputy of Trinity
Deputy J.J. Huet (H) Deputy G.C.L. Baudains (C) Deputy F.G. Voisin (L)
Connétable of St. Helier Connétable of Trinity
Deputy R.C. Duhamel (S) Deputy of St. Martin
Deputy of St. John
Deputy M.F. Dubras (L) Deputy P.N. Troy (B)
Deputy C.J. Scott Warr en (S) Deputy L.J. Farnham (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. Ouen
Deputy P.J.D. Ryan (H) Deputy of Grouville
Deputy of St. Peter
Deputy J.A. Hilton (H)
Deputy G.W.J. de Faye (H)
Deputy M.A. Taylor (C)
THE STATES, adopting paragraphs (b) and (c) of the proposition, as amended, of the Privileges and Procedures Committee –
( b ) agreed that, subject to further consultation, the Law should be broadly based upon the key policy
outcomes listed at section 17, numbers 1 to 22, of the report of the Privileges and Procedures Committee dated 19th April 2005; and,
( c ) requested the Privileges and Procedures Committee to bring forward for approval the necessary draft
legislation to give effect to the decision.
Members present voted as follows –
POUR: 31 CONTRE: 13 ABSTAIN: 0
Senator J.A. Le Maistre Senator S. Syvret
Senator F.H. Walker
Senator W. Kinnard
Senator P.V.F. Le Claire Senator M.E. Vibert
Senator P.F.C. Ozouf Connétable of St. Ouen Connétable of St. Mary Connétable of St. Clement Connétable of St. Helier Connétable of St. Lawrence Deputy R.C. Duhamel (S) Deputy of St. Martin
Deputy of St. John
Deputy M.F. Dubras (L) Deputy P.N. Troy (B)
Deputy C.J. Scott Warr en (S) Deputy L.J. Farnham (S) Deputy R.G. Le Hérissier (S)
Senator T.A. Le Sueur Connétable of St. Martin Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Peter Connétable of Trinity Connétable of Grouville Connétable of St. John Deputy of Trinity
Deputy J.J. Huet (H) Deputy G.C.L. Baudains (C) Deputy F.G. Voisin (L) Deputy M.A. Taylor (C)
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. Ouen Deputy P.J.D. Ryan (H) Deputy of Grouville Deputy of St. Peter
Deputy J.A. Hilton (H) Deputy G.W.J. de Faye (H)
Change in Presidency
The Bailiff assumed the Presidency during consideration of the proposition of the Privileges and Procedures Committee regarding Freedom of Information: proposed legislation, and the meeting continued under his presidency.
Environment and Public Services: establishment of Ministers and Departments (P.120/2005) – amendment – P.120/2005 Amd. – withdrawn
THE STATES, in accordance with Standing Order 22(1), granted leave to the President of the Environment and Public Services Committee to withdraw the following matter –
Environment and Public Services: establishment of Ministers and P.120/2005. Departments (P.120/2005) – amendment. Amd. Lodged: 28th June 2005.
Environment and Public Services Committee.
Environment and Public Services: establishment of Ministers and Departments – P.120/2005 Amendments and comments
THE STATES, adopting a proposition of the Policy and Resources Committee, referred to their Act dated 24th July 2002, in which inter alia they agreed that following the introduction of the ministerial system there should be an Environment Department and a Public Services Department, both headed by a minister, and agreed to vary that decision as follows –
( a ) that there should be a Minister and Department for Planning and Environment, with the responsibilities
as described in Appendix 1 of the report of the Policy and Resources Committee dated 20th June 2005; and,
(b ) that there should be a Minister and Department for Transport and Technical Services, with the
responsibilities as described in Appendix 2 of the report of the Policy and Resources Committee dated 20th June 2005.
Census 2006: provision – P.116/2005
THE STATES commenced consideration of a proposition of the Connétable of St. Helier concerning the provision of a Census in 2006, and, following consideration, adopted a proposition of the Deputy of St. John that, in accordance with Standing Order 26A(1), the question be now put.
Members present voted as follows –
POUR: 29
Senator J.A. Le Maistre Senator F.H. Walker
Senator T.A. Le Sueur
Senator P.F.C. Ozouf Connétable of St. Martin Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Brelade 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 of St. Martin
Deputy of St. John
Deputy F.G. Voisin (L)
Deputy C.J. Scott Warr en (S) Deputy L.J. Farnham (S) Deputy R.G. le Hérissier (S) Deputy J-A. Bridge (H)
Deputy J.A. Bernstein (B) Deputy S.C. Ferguson (B) Deputy P.J.D. Ryan (H) Deputy M.A. Taylor (C) Deputy of St. Peter
Deputy J.A. Hilton (H)
CONTRE: 5
Senator S. Syvret
Deputy J.J. Huet (H) Deputy P.N. Troy (B) Deputy J.A. Martin (H) Deputy G.W.J. de Faye (H)
ABSTAIN: 1
Senator P.V.F. Le Claire
THE STATES, adopting the proposition of the Connétable of St. Helier,referred to the statement made by the President of the Policy and Resources Committee on 1st February 2005, and charged that Committee to carry out a Census as originally planned in 2006.
Members present voted as follows –
POUR: 20 CONTRE: 17 ABSTAIN: 0
Senator J.A. Le Maistre Senator S. Syvret
Senator P.V.F. Le Claire Connétable of St. Peter Connétable of St. Clement Connétable of St. Helier Connétable of St. John
Deputy R.C. Duhamel (S) Deputy J.J. Huet (H)
Deputy of St. Martin
Deputy of St. John
Deputy P.N. Troy (B)
Deputy C.J. Scott Warr en (S) Deputy R.G. Le Hérissier (S) Deputy J-A. Bridge (H)
Senator F.H. Walker Senator T.A. Le Sueur 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. Lawrence Connétable of Grouville Deputy of Trinity
Deputy F.G. Voisin (L) Deputy L.J. Farnham (S) Deputy S.C. Ferguson (B) Deputy P.J.D. Ryan (H)
Deputy J.A. Martin (H) Deputy M.A. Taylor (C) Deputy G.P. Southern (H) Deputy G.W.J. de Faye (H) Deputy J.A. Bernstein (B)
Deputy of St. Peter
Deputy J.A. Hilton (H)
Adjournment
THE STATES then adjourned, having agreed to reconvene on Tuesday 12th July 2005, in order to resume consideration of the outstanding matters of public business.
THE STATES rose at 7.10 p.m.
A.H. HARRIS Deputy Greffier of the States.