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THE STATES assembled on Tuesday, 14th February 2006 at 9.30 a.m. under the Presidency of the Deputy Bailiff , Michael Cameron St. John Birt, Esquire.
His Excellency the Lieutenant Governor,
Air Chief Marshal Sir John Cheshire, K.B.E., C.B., was present.
All members were present at roll call with the exception of –
C o nnétable Derek Frederick Gray of St. Clement – en défaut (arrived in the Chamber at 10.19 a.m.) C o nnétable Geoffrey William Fisher of St. Lawrence – en défaut
D e puty Jacqueline Jeannette Huet of St. Helier – en défaut
D e puty Patrick John Dennis Ryan of St. Helier – absent due to illness
D e puty John Nicholas Le Fondré of St. Lawrence– en défaut.
Prayers
Interception of Communications (Jersey) Law 1993: Report of the Commissioner for 2005 – R.15/2006
The Deputy Bailiff presented to the States the annual report of the Commissioner, Sir John Nutting Bt., Q.C., made under the Interception of Communications (Jersey) Law 1993, which, in pursuance of the provisions of Article 9(8) of the Law, excluded a confidential Appendix by agreement of the Bailiff .
Subordinate enactments tabled
The following enactments were tabled, namely –
Sea Fisheries (Fees) (Jersey) Order 2006. R&O 15/2006. Minister for Planning and Environment.
Motor Traffic (Cabs – Fares and Charges) (Jersey) Order 2006. R&O 16/2006. Minister for Home Affairs.
Road Racing (Hill Climbs and Sprint) (No. 2) (Jersey) Order 2006. R&O 17/2006. Minister for Home Affairs.
Documents presented or laid
Jersey Television Licence Scheme. R.12/2006. Presented: 8th February 2006.
Minister for Social Security.
Land Transactions under Standing Order 168(3) – R.13/2006.
- Grèvede Lecq Café Site No. 2: surrender and renewaloflease;
- Les LandesRace Track, St. Ouen:surrender and renewalof lease.
Presented: 10th February 2006.
Minister for Treasury and Resources.
Code of Conduct for Ministers. R.14/2006. Presented: 10th February 2006.
Council of Ministers.
Rates (Jersey) Law 2005: apportionment of Island-wide Rates Figure. R.16/2006. Presented: 13th February 2006.
Comité des Connétable s.
Sickness Absence Levels in Jersey's Public Sector. R.17/2006. Presented: 14th February 2006.
Chief Minister.
Draft Administrative Decisions (Review) (Amendment No. 2) (Jersey) Law 200- P.195/2005. (P.195/2005): amendment (P.195/2005 Amd.) – comments. Amd.Com. Presented: 10th February 2006.
Privileges and Procedures Committee.
Private hospital development: Scrutiny Review (P.221/2005) – comments. P.221/2005. Presented: 13th February 2006. Com. Minister for Health and Social Services.
Private hospital development: Scrutiny Review (P.221/2005) – comments. P.221/2005. Presented: 14th February 2006. Com.(2) Council of Ministers.
Draft Employment Relations (Amendment) (Jersey) Law 200- (P.5/2006): P.5/2006. Com. comments.
Presented: 8th February 2006.
Minister for Social Security.
Notification of lodged propositions
Agent of the Impôts: appointment. P.10/2006. Lodged: 1st February 2006.
Minister for Home Affairs.
Draft Water Pollution (Amendment No. 2) (Jersey) Law 200-. P.11/2006. Lodged: 2nd February 2006.
Minister for Planning and Environment.
Law Revision Board: appointment of members. P.12/2006. Lodged: 9th February 2006.
Minister for Treasury and Resources.
Exclusivity of postal services within Jersey: termination of Agreement between the P.13/2006. States of Jersey and the United Kingdom.
Lodged: 14th February 2006.
Minister for Economic Development.
Withdrawal of lodged propositions
THE STATES noted that, in accordance with Standing Order 34(1), the proposer of the following proposition
lodged "au Greffe" had informed the Greffier of the States that it was to be withdrawn –
Criminal Justice Policy. P.201/2005. Lodged: 20th September 2005.
Minister for Home Affairs (formerly the Home Affairs Committee).
Written Questions (see Official Report)
T h e Minister for Planning and Environment tabled an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding interim policies to improve design, local relevance and space around new buildings.
T h e Chief Minister tabled an answer to a question asked by Deputy G.C.L. Baudains of St. Clement long-
term suspension of employees from office.
T he Minister for Home Affairs tabled an answer to a question asked by Deputy G.C.L. Baudains of
St. Clement regarding the investigation of traffic accidents involving fatalities.
T he Chief Minister tabled an answer to a question asked by Deputy D.W. Mezbourian of St. Lawrence
regarding employee suspensions arising from disciplinary infractions.
T h e Minister for Economic Development tabled an answer to a question asked by Deputy G.C.L. Baudains of
St. Clement regarding advertising by Jersey Tourism through the jersey.com website.
T h e Minister for Treasury and Resources tabled an answer to a question asked by Deputy G.P. Southern of
St. Helier regarding the taxation of new non-financial companies.
T h e Minister for Social Security tabled answers to questions asked by Deputy G.P. Southern of St. Helier
regarding matters relating to Health Insurance Exemption (HIE) income allowances.
T h e Minister for Treasury and Resources tabled an answer to a question asked by Deputy G.P. Southern of
St. Helier regarding the Town Park site.
T h e Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding Jersey's position on its Gross Replacement Rate (GRR).
T h e Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding
matters relating to the production of certain statistics.
T h e Minister for Economic Development tabled an answer to a question asked by Deputy G.C.L. Baudains of
St. Clement regarding the rise in the number of RUDL licences issued.
T he Minister for Home Affairs tabled an answer to a question asked by Deputy J.B. Fox of St. Helier
regarding the disbanded Police Motor Cycle Unit.
Oral Questions (see Official Report)
The Deputy of St. Martin asked a question of the Minister for Home Affairs regarding the care of dogs used for States Police and Customs Department operations.
Deputy R.G. Le Hérissier of St. Saviour asked a question of the Minister for Social Security regarding IT systems and their ability to handle the introduction of the Low Income Support Scheme.
Senator B.E. Shenton asked a question of the Minister for Treasury and Resources regarding the procedures utilised in the selection process for Directors of Jersey Post, their hours and remuneration.
Deputy R.G. Le Hérissier of St. Saviour asked a question of the Chief Minister regarding the Law Society o Jersey Law 2005.
The Connétable of Grouville asked a question of the Minister for Planning and Environment regarding applications made by Cable and Wireless for mobile telephone masts.
Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding the placement of persons in employment by mechanisms set up to assist those on benefit to obtain employment.
Deputy A. Breckon of St. Saviour asked a question of the Minister for Housing regarding his announcement that rents had been lowered and numbers of hardship cases reduced as a result of the actions of developers.
Deputy G.P. Southern of St. Helier asked a question of the Minister for Treasury and Resources regarding the provision of legal advice in relation to ITIS.
T h e Connétable of St. Helier asked a question of the Minister for Education, Sport and Culture regarding the
allocation of free nursery places at some of the Island's primary schools.
Deputy G.C.L. Baudains of St. Clement asked a question of the Minister for Planning and Environment regarding recently published plans for changes to Conway Street.
Deputy G.C.L. Baudains of St. Clement asked a question of the Minister for Transport and Technical Services regarding Snow Hill permit parking and the allocation of spaces for States members' use.
Oral Questions without notice (see Official Report)
The Minister for Transport and Technical Services answered questions without notice from members. The Chief Minister answered questions without notice from members.
Criminal Justice Policy (P.201/2005 lodged "au Greffe" on 20th September 2005) – statement (see Official Report)
Senator Wendy Kinnard, Minister for Home Affairs, made a statement regarding the withdrawal of the Criminal Justice Policy (P.201/2005 lodged "au Greffe" on 20th September 2005).
Draft Magistrate's Court and Petty Debts Court (Location) (Jersey) Act 200- P.7/2006
THE STATES, in pursuance of Article 1 of the Loi (1853) établissant la Cour pour la répression des moindres délits and Article 2 of the Loi (1891) sur la Cour pour le recouvrement des menues dettes, made an Act entitled the Magistrate's Court and Petty Debts Court (Location) (Jersey) Act 2006.
Change in Presidency
The Deputy Bailiff retired from the Chair during consideration of the Draft Magistrate's Court and Petty Debt Court (Location) (Jersey) Act 200- (P.7/2006 lodged "au Greffe" on 31st January 2006), and the meeting continued under the presidency of Mr. Michael Nelson de la Haye, Greffier of the States.
Draft Administrative Decisions (Review) (Amendment No. 2) (Jersey) Law 200 – P.195/2005 Amendment and Comments
THE STATES commenced consideration of the Draft Administrative Decisions (Review) (Amendment No. 2) (Jersey) Law 200-, and adopted the principles.
THE STATES adopted Articles 1 and 2.
THE STATES commenced consideration of Article 3, and adopted an amendment of the Deputy of St. Martin tha in Article 3 of the principal Law, as substituted by this Article, there be inserted the following paragraphs after paragraph (5) –
"(5A) An applicant may, within one month of receiving notice of a decision described in
paragraph (5), apply to the Greffier to have the decision reviewed.
(5B) The Greffier shall inform the Chairman and Deputy Chairmen of an application under
paragraph (5A) and –
- w here the decision to be reviewedwastakenby the Chairman, the review of it shall be undertaken by both Deputy Chairmen;
- w here the decisiontobereviewedwastakenby a Deputy Chairman, the reviewof it shallbe undertaken by the other Deputy Chairman andtheChairman.
(5C) If the persons undertaking a review of a decision described in paragraph (5) do not
uphold that decision, paragraphs (3) and (4) shall apply, with the necessary modifications, as if they had decided that the matter justified a review ."
Members present voted as follows –
POUR: 38 CONTRE: 2 ABSTAIN: 0
Senator S. Syvret
Senator L. Norman
Senator F.H. Walker
Senator W. Kinnard
Senator P.F. Routier
Senator M.E. Vibert
Senator T.J. Le Main
Senator B.E. Shenton
Senator F.E. Cohen
Senator J.L. Perchard Connétable of St. Saviour Connétable of St. Mary Connétable of St. Peter Connétable of St. Clement Connétable of Trinity Connétable of Grouville Connétable of St. John Connétable of St. Brelade Deputy R.C. Duhamel (S) Deputy of St. Martin
Deputy G.C.L. Baudains (C) Deputy C.J. Scott Warr en (S) Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)
Deputy G.P. Southern (H)
Senator P.F.C. Ozouf Deputy G.W.J. de Faye (H)
Deputy S.C. Ferguson (B) Deputy of St. Ouen
Deputy of St. Peter
Deputy J.A. Hilton (H) Deputy P.V.F. Le Claire (H) Deputy D.W. Mezbourian (L)
Deputy of Trinity
Deputy S.P.A. Power (B) Deputy A.J.H. Maclean (H) Deputy K.C. Lewis (S) Deputy of St. John
Deputy I.J. Gorst (C)
Deputy of St. Mary
THE STATES adopted Article 3, as amended. THE STATES adopted Article 4.
THE STATES commenced consideration of Article 5 and adopted an amendment of the Deputy of St. Martin tha for paragraph (b) in Article 5, there be substituted the following paragraph–
"(b) after paragraph (2) add the following paragraphs –
(3) The Panel shall issue rules of practice and procedure which shall apply in
matters arising under this Law.
(4) T he Greffier shall ensure that all parties to a complaint are made aware of the rules issued under paragraph (3).' "
THE STATES adopted Article 5, as amended. THE STATES adopted Article 6.
THE STATES adopted a new Article proposed by the Deputy of St. Martin that after Article 6, there be inserted the following new Article and the remaining Articles be renumbered accordingly –
"7 A rticle 6A inserted
After Article 6 of the principal Law there shall be inserted the following Article –
6A
- N otwithstanding Articles 3, 4 and 6, a person shall not decide whether a review of a matter is justified, review such a decisionorselectpersonsto comprise a Board to review a matter or, as a memberof a Board,undertakesuch a review, ifhe or she is the complainantin respect of the matteroris otherwise connectedwith, or was involved in, the matter.
- W here,by virtue ofparagraph (1), the Chairman cannotdoanythingunder this Law that heor she could otherwisedoand neither of the Deputy Chairmen can act inhisor her place, the Greffier shallappoint a memberof the panelto so act.
- W here,byvirtueofparagraph (1), a Deputy Chairmancannotdo any thing under this Law that heorshecouldotherwisedoand neither the Chairmannor the other Deputy Chairman can act in his orher place, the Greffiershallappoint a member of the paneltosoact.' "
THE STATES adopted Article 7.
THE STATES commenced consideration of Article 8 and adopted an amendment by the Deputy of St. Martin tha for paragraph (b), there be substituted the following paragraph –
"(b) for paragraph (4) there shall be substituted the following paragraphs –
"(4) The Board shall provide the Privileges and Procedures Committee and the
complainant with a copy of the information given under paragraph (3).
- The complainant may, within one month of the information being provided, request the Board to considerreconvening.
- The Board may reconvene, of its own motion or following a request under paragraph (5) if, in its opinion, the information provided under paragraph (3) and where a requesthas been made, any representations madewith it, justify further consideration.
- O n reconvening,theBoardmayexercisethepowers in Article 8.
- I n any casewhere a Board requestedreconsiderationofany matter, the Board may, if it considers that its findings have been insufficiently considered or implemented, present a report to that effect to the Privileges and Procedures Committee.
- T he Privileges andProceduresCommittee shall present to the States a copy ofany information or report that it receives under this Article.".
THE STATES adopted Article 8, as amended. THE STATES adopted Articles 8 to 11.
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Administrative Decisions (Review) (Amendment No. 2) (Jersey) Law 200-.
Private hospital development: Scrutiny Review – P.221/2005
THE STATES noted that Deputy Paul Vincent Francis Le Claire of St. Helier, in accordance with Standing Orde 30(2), had decided that his proposition concerning a Private hospital development: Scrutiny Review (P.221/2005 lodged "au Greffe" on 6th October 2005) be listed for debate at a different meeting and not at the present meeting.
Draft Employment (Minimum Wage) (Amendment) (Jersey) Regulations 200- P.282/2005
THE STATES commenced consideration of the Draft Employment (Minimum Wage) (Amendment) (Jersey) Regulations 200-, and adopted the principles.
Members present voted as follows –
POUR: 40 CONTRE: 2 ABSTAIN: 1 Senator S. Syvret Deputy G.P. Southern (H) Senator J.L. Perchard
Senator L. Norman Deputy S. Pitman (H)
Senator F.H. Walker
Senator W. Kinnard
Senator T.A. Le Sueur
Senator P.F. Routier
Senator M.E. Vibert
Senator T.J. Le Main Senator B.E. Shenton Connétable of St. Martin Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Mary Connétable of St. Peter Connétable of St. Clement Connétable of Trinity Connétable of St. John Connétable of St. Brelade Deputy R.C. Duhamel (S) Deputy A. Breckon
Deputy of St. Martin
Deputy P.N. Troy (B)
Deputy C.J. Scott Warr en (S) Deputy R.G. Le Hérissier (S) Deputy J.A. Martin (H)
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) Deputy P.V.F. Le Claire (H) Deputy D.W. Mezbourian (L)
Deputy of Trinity
Deputy S.P.A. Power (B) Deputy A.J.H. Maclean (H) Deputy K.C. Lewis (S)
Deputy of St. John
Deputy I.J. Gorst (C)
Deputy of St. Mary
THE STATES adopted Regulations 1 and 2.
THE STATES, in pursuance of Articles 17, 18 and 104 of the Employment (Jersey) Law 2003, made Regulations entitled the Employment (Minimum Wage) (Amendment) (Jersey) Regulations 2006.
Public Employees Contributory Retirement Scheme Committee of Management: membership – P.6/2006
THE STATES, adopting a Proposition of the Chief Minister, and in accordance with Regulation 3(5) of the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989, approved the appointment of Mr. Alan Tadier as an employee representative on the Committee of Management for the period ending 31s December 2006, in place of Ms. Barbara Ward .
Arrangement of public business for future meetings
The Chairman of the Privileges and Procedures Committee proposed the following arrangement of public business for future meetings –
28th February 2006
Cigarette lighter refill canisters: sale to minors. P.218/2005.
Lodged: 5th October 2005.
Deputy G.P. Southern of St. Helier.
Private hospital development: Scrutiny Review. P.221/2005. Lodged: 6th October 2005.
Deputy P.V.F. Le Claire of St. Helier, (formerly in the name of Senator P.V.F.
Le Claire).
Private hospital development: Scrutiny Review (P.221/2005) – comments. P.221/2005. Presented: 13th February 2006. Com. Minister for Health and Social Services.
Private hospital development: Scrutiny Review (P.221/2005) – comments. P.221/2005. Presented: 14th February 2006. Com.(2) Council of Ministers.
Draft Public Elections (Jersey) Law 2002 (Appointed Day) (No. 2) Act 200-. P.1/2006 Lodged: 13th January 2006.
Privileges and Procedures Committee.
Draft Public Elections (Amendment) (Jersey) Regulations 200-. P.2/2006. Lodged: 13th January 2006.
Privileges and Procedures Committee.
Agent of the Impôts: appointment. P.10/2006. Lodged: 1st February 2006.
Minister for Home Affairs.
Law Revision Board: appointment of members. P.12/2006. Lodged: 9th February 2006.
Minister for Treasury and Resources.
14th March 2006
Employment legislation: petition. P.214/2005. Lodged: 4th October 2005.
Deputy G.P. Southern of St. Helier.
Employment legislation: petition (P.214/2005) – comments. P.214/2005. Presented: 11th January 2006. Com. Minister for Social Security.
Composting facilities. P.258/2005. Lodged: 1st November 2005.
Deputy P.V.F. Le Claire of St. Helier, (formerly in the name of Senator P.V.F.
Le Claire), and referred to the Ministers for Health and Social Services,
Planning and Environment, and Transport and Technical Services (formerly
the Health and Social Services and the Environment and Public Services
Committees).
Composting facilities (P.258/2005): comments. P.258/2005. Presented: 19th December 2005. Com. Comité des Connétable s.
Draft Taxation (United States of America) (Jersey) Regulations 200-. P.264/2005. Lodged: 8th November 2005.
Chief Minister (formerly the Policy and Resources Committee).
Draft Employment Relations (Amendment) (Jersey) Law 200-. P.5/2006. Lodged: 30th January 2006.
Deputy G.P. Southern of St. Helier.
Draft Employment Relations (Amendment) (Jersey) Law 200- (P.5/2006): P.5/2006. comments. Com. Presented: 8th February 2006.
Minister for Social Security.
Draft Postal Services (Transfer) (Jersey) Regulations 200-. P.9/2006. Lodged: 31st January 2006.
Minister for Treasury and Resources.
Draft Postal Services (Jersey) Law 2004 (Appointed Day) (No. 2) Act 200-. P.8/2006. Lodged: 31st January 2006.
Minister for Economic Development.
28th March 2006
Draft Sexual Offences (Jersey) Law 200-. P.196/2005. Lodged: 13th September 2005.
Minister for Home Affairs (formerly the Home Affairs Committee).
(debate suspended on 18.01.06 and remained such on 31.01.06 as item
referred to Scrutiny under S.O. 79(i)).
Draft Employment (Amendment No. 2) (Jersey) Law 200-. P.270/2005. Lodged: 15th November 2005.
Deputy G.P. Southern of St. Helier.
Draft Employment (Amendment No. 2) (Jersey) Law 200- (P.270/2005): P.270/2005. comments. Com. Presented: 17th January 2006.
Minister for Social Security.
Draft Water Pollution (Amendment No. 2) (Jersey) Law 200-. P.11/2006. Lodged: 2nd February 2006.
Minister for Planning and Environment.
Exclusivity of postal services within Jersey: termination of Agreement P.13/2006. between the States of Jersey and the United Kingdom.
Lodged: 14th February 2006.
Minister for Economic Development.
4th April 2006 25th April 2006 16th May 2006
Milk Subsidy for Delivery to Special Classes. P.145/2005. Lodged: 5th July 2005.
Deputy G.P. Southern of St. Helier,and referred to the Ministers for Economic
Development and Social Security (formerly the Economic Development and
the Employment and Social Security Committees).
23rd May 2006 6th June 2006
Senators and Deputies: terms of office. P.227/2004. Lodged: 14th December 2004.
Deputy A. Breckon.
(debate commenced and States adopted move to next item of public business
on 1st February 2005)
Senators and Deputies: terms of office (P.227/2004) – comments. P.227/2004. Presented: 18th January 2005. Com. Presented by the Minister for Treasury and Resources (formerly the Finance
and Economics Committee).
Draft Water Resources (Jersey) Law 200-. P.206/2005. Lodged: 27th September 2005.
Minister for Planning and Environment (formerly the Environment and Public
Services Committee).
Draft Water Resources (Jersey) Law 200- (P.206/2005): comments. P.206/2005. Presented: 1st November 2005. Com. Minister for Economic Development (formerly the Economic Development
Committee).
Draft Water Resources (Jersey) Law 200- (P.206/2005): amendment. P.206/2005. Lodged: 25th October 2005. Amd. Deputy R.C. Duhamel of St. Saviour.
Draft Water Resources (Jersey) Law 200- (P.206/2005): amendments P.206/2005. (P.206/2005 Amd.) – comments. Amd.Com. Presented: 22nd November 2005.
Minister for Planning and Environment (formerly the Environment and Public
Services Committee).
Draft Water Resources (Jersey) Law 200- (P.206/2005): second amendments. P.206/2005. Lodged: 1st November 2005. Amd.(2) Deputy P.N. Troy of St. Brelade.
Draft Water Resources (Jersey) Law 200- (P.206/2005): second amendments P.206/2005. (P.206/2005 Amd.(2)) – comments. Amd.(2) Com. Presented: 29th November 2005.
Minister for Planning and Environment (formerly the Environment and Public
Services Committee).
Housing Trading Organisation: establishment. P.211/2005 Lodged: 27th September 2005.
Minister for Housing (formerly the Housing Committee).
20th June 2006 4th July 2006 18th July 2006
THE STATES rejected a proposition of Senator Stuart Syvret that the following matter be not debated on 28th February 2005 –
Private hospital development: Scrutiny Review. P.221/2005. Lodged: 6th October 2005.
Deputy P.V.F. Le Claire of St. Helier (formerly in the name of Senator P.V.F.
Le Claire).
Members present voted as follows –
POUR: 9 CONTRE: 38 ABSTAIN:
Senator S. Syvret Senator F.H. Walker Senator W. Kinnard Senator T.A. Le Sueur Senator P.F.C. Ozouf Senator F.E. Cohen Deputy of Grouville Deputy I.J. Gorst (C) Deputy of St. Mary
Senator L. Norman
Senator P.F. Routier
Senator M.E. Vibert
Senator T.J. Le Main
Senator B.E. Shenton
Senator J.L. Perchard Connétable of St. Martin Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Mary Connétable of St. Peter Connétable of St. Clement Connétable of Trinity Connétable of Grouville Connétable of St. John Connétable of St. Brelade Deputy R.C. Duhamel (S) Deputy A. Breckon
Deputy of St. Martin
Deputy P.N. Troy (B)
Deputy C.J. Scott Warr en (S) Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)
Deputy J.A. Martin (H)
Deputy G.P. Southern (H) Deputy S.C. Ferguson (B) Deputy of St. Ouen
Deputy of St. Peter
Deputy J.A. Hilton (H)
Deputy G.W.J. de Faye (H) Deputy P.V.F. Le Claire (H) Deputy D.W. Mezbourian (L)
Deputy of Trinity
Deputy S.P.A. Power (B) Deputy S. Pitman (H)
Deputy A.J.H. Maclean (H) Deputy K.C. Lewis (S)
Deputy of St. John
THE STATES rose at 1.00 p.m.
M.N. DE LA HAYE Greffier of the States