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States Minutes 20th June 2006

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THE STATES assembled on Tuesday 20th June 2006, at 9.30 a.m. under the Presidency of the Bailiff ,

Sir Philip Bailhache .

His Excellency the Lieutenant Governor, Lieutenant-General Andrew Peter Ridgway, C.B., C.B.E., was present.

All members were present at roll call with the exception of

S e nator Philip Francis Cyril Ozouf – en défaut (défaut raised at 09.39 a.m.).

Prayers.

Connétable of St.  Martin retirement

The Bailiff referred to the impending retirement of Mr.  John Baudains Germain, Connétable of St.  Martin, and thanked him on behalf of the States for his services to the Island over many years and conveyed to him the best wishes of the Assembly on his retirement.

Subordinate enactments tabled

The following enactments were tabled, namely –

Education (Discretionary Grants) (Amendment) (Jersey) Order 2006. R&O 52/2006. Minister for Education, Sport and Culture.

Community Provisions (Belarus Sanctions) (Jersey) Order 2006. R&O 53/2006. Chief Minister.

Road Traffic (St.  Helier) (Amendment No.  19) (Jersey) Order 2006. R&O 54/2006. Minister for Transport and Technical Services.

Road  Traffic  (Disabled  Persons)  (Parking)  (Amendment  No.  4)  (Jersey)  Order R&O 55/2006. 2006.

Minister for Transport and Technical Services.

Documents presented or laid

Land Transactions under Standing Order 168(3) R.52/2006.

  1. Nos.  1–7A Hue Street, St.  Helier: saleoffreehold interest to Historical

Renovations Ltd.;

  1. GourayYouth Centre, Les Chemins des Maltières, GoreyVillage, Grouville :

lease.

Presented: 12th June 2006.

Minister for Treasury and Resources.

Jersey Financial Services Commission Annual Report 2005. R.53/2006. Presented: 20th June 2006.

Minister for Economic Development.

(j)' Category Housing Consents: Contract Policy report. R.54/2006. Presented: 20th June 2006.

Minister for Housing.

Strategic Plan 2006 to 2011 (P.40/2006): comments. P.40/2006. Presented: 19th June 2006. Com. Environment Scrutiny Panel.

Strategic Plan 2006 to 2011 (P.40/2006): third amendments (P.40/2006.  Amd. P.40/2006. Amd. (3)) – comments. (3). Presented: 19th June 2006. Com. Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): fifth amendment (P.40/2006.  Amd.(5)) P.40/2006. Amd. comments. (5). Presented: 19th June 2006. Com. Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): sixth amendment (P.40/2006.  Amd.(6)) P.40/2006. Amd. comments. (6). Presented: 19th June 2006. Com. Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): seventh amendment (P.40/2006.  Amd. P.40/2006. Amd. (7)) – comments. (7). Presented: 19th June 2006. Com. Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): eighth amendment (P.40/2006.  Amd. P.40/2006. Amd. (8)) – comments. (8). Presented: 19th June 2006. Com. Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): ninth amendments (P.40/2006.  Amd. P.40/2006. Amd. (9)) – comments. (9). Presented: 19th June 2006. Com. Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): eleventh amendments (P.40/2006.  Amd. P.40/2006. Amd. (11)) – comments. (11). Presented: 19th June 2006. Com. Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): thirteenth amendments (P.40/2006.  Amd. P.40/2006. Amd. (13)) – comments. (13). Presented: 19th June 2006. Com. Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): fourteenth amendment (P.40/2006.  Amd. P.40/2006. Amd. (14)) – comments. (14). Presented: 19th June 2006. Com. Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): fifteenth amendments (P.40/2006.  Amd. P.40/2006. Amd. (15)) – comments. (15). Presented: 19th June 2006. Com. Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): sixteenth amendment (P.40/2006.  Amd. P.40/2006. Amd. (16)) – comments. (16). Presented: 19th June 2006. Com. Council of Ministers.

Solid Waste Strategy: locations for proposed facilities (P.45/2006) amendments P.45/2006. (P.45/2006 Amd.) comments. Amd. Com. Presented: 20th June 2006.

Minister for Transport and Technical Services.

Strategy Plan: approval by the States (P.55/2006) comments. P.55/2006. Com. Presented: 12th June 2006.

Council of Ministers.

Aquasplash Swimming Pool Complex, Waterfront, St.  Helier: public use at P.59/2006. Com. weekends (P.59/2006)comments.

Presented: 15th June 2006.

Minister for Education, Sport and Culture.

Provision of Pedestrian Crossings (P.60/2006): comments. P.60/2006. Presented: 20th June 2006. Com. Minister for Transport and Technical Services.

Draft Sexual Offences (Jersey) Law 200- (P.63/2006): comments. P.63/2006. Com. Presented: 12th June 2006.

Minister for Education, Sport and Culture.

Draft Sexual Offences (Jersey) Law 200- (P.63/2006): comments. P.63/2006. Presented: 20th June 2006. Com.(2) Minister for Health and Social Services.

Notification of lodged propositions

Strategic Plan 2006 to 2011 (P.40/2006): amendment (P.40/2006.  Amd.) P.40/2006. amendment. Amd.Amd. Lodged: 13th June 2006.

Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): second amendment (P.40/2006.  Amd. P.40/2006. Amd. (2)) – amendment. (2) Amd. Lodged: 13th June 2006.

Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): fifth amendment (P.40/2006.  Amd.(5)) P.40/2006. Amd. amendment. (5) Amd. Lodged: 13th June 2006.

Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): tenth amendments (P.40/2006.  Amd. P.40/2006. Amd. (10)) – amendments. (10) Amd. Lodged: 13th June 2006.

Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): twelfth amendment (P.40/2006.  Amd. P.40/2006. Amd. (12)) – amendment. (12) Amd. Lodged: 13th June 2006.

Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): thirteenth amendments (P.40/2006.  Amd. P.40/2006. Amd. (13)) – amendments. (13) Amd. Lodged: 13th June 2006.

Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): seventeenth amendment P.40/2006. Amd. (P.40/2006.  Amd.(17)) amendments. (17) Amd. Lodged: 13th June 2006.

Council of Ministers.

Strategic Plan 2006 to 2011 (P.40/2006): eighteenth amendments P.40/2006. Amd. (P.40/2006.  Amd.(18)) amendment. (18) Amd. Lodged: 13th June 2006.

Council of Ministers.

Draft Sexual Offences (Jersey) Law 200- (P.63/2006): amendments. P.63/2006. Amd. Lodged: 20th June 2006, and referred to H.M. Attorney General.

Deputy of St.  Ouen.

Draft Treaty on Open Skies (Privileges and Immunities) (Amendment) (Jersey) P.73/2006. Law 200-.

Lodged: 8th June 2006.

Chief Minister.

Draft Bankruptcy (Désastre) (Amendment No.  5) (Jersey) Law 2006 (Appointed P.74/2006. Day) Act 200-.

Lodged: 13th June 2006.

Minister for Economic Development.

Composting facilities at La  Collette, St.  Helier: cessation. P.76/2006. Lodged: 15th June 2006.

Deputy G.C.L. Baudains of St.  Clement.

Ministerial Government: review of first 12 months. P.77/2006. Lodged: 20th June 2006.

Senator B.E. Shenton.

Draft Sea Fisheries (Licensing of Fishing Boats) (Amendment No.  2) (Jersey) P.78/2006. Regulations 200-.

Lodged: 20th June 2006.

Minister for Planning and Environment.

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 had been withdrawn

Strategy Plan: approval by the States. P.55/2006. Lodged: 11th May 2006.

Senator B.E. Shenton.

Fields 190 and 192, Rue de  la Sergenté, St.  Brelade–  petition  P.75/2006

Deputy Sean Seamus Patrick Augustine Power of St. Brelade presented to the States a petition on behalf of certain of the residents of the La  Moye area living adjacent to the proposed development of Fields 190/192, Rue de  l Sergente, St.  Brelade opposing the density and level of development of the green field site, and requesting that the Minister for Planning and Environment refuse to grant permission for the development at the density and level currently proposed.

THE STATES referred the petition to the Ministers for Planning and Environment and Deputy Sean Seamus Patrick Augustine Power of St.  Brelade lodged "au Greffe" the following proposition relating to the remedy sought in the petition –

Fields 190 and 192, Rue de  la Sergenté, St.  Brelade: petition. P.75/2006. Lodged: 13th June 2006.

Deputy S. Power of St. Brelade.

Written Questions (see Official Report)

T h e Chief Minister tabled an answer to a question asked by Deputy Geoffrey Peter Southern of St.  Helier

regarding population statistics.

T  he Minister for Treasury and Resources tabled an answer to a question asked by Deputy Geoffrey Peter

Southern of St.  Helier regarding tax charged against various types of activities in the financial services industry.

T  he Minister for Treasury and Resources tabled an answer to a question asked by Deputy Geoffrey Peter

Southern of St.  Helier regarding matters relating to the documentZero/Ten Design Proposal'.

T  he Minister for Treasury and Resources tabled an answer to a question asked by Deputy Geoffrey Peter

Southern of St.  Helier regarding the potential of a land value tax in Jersey.

Oral Questions (see Official Report)

Deputy Paul Vincent Francis Le  Claire of St.  Helier asked a question of the Minister for Transport and Technica Services regarding the provision of a modern in-vessel composting facility at La  Collette, St.  Helier.

Deputy Gerard Clifford Lemmens Baudains of St.  Clement asked a question of the Minister for Home Affairs regarding her confidence in the States of Jersey Police administration.

Deputy Roy George Le  Hérissier of St.  Saviour asked a question of the Minister for Health and Social Service regarding cost benefit and value for money studies on moving elderly residents from Overdale to private facilities.

Deputy Geoffrey Peter Southern of St.  Helier asked a question of the Minister for Treasury and Resources regarding tax avoidance measures under the Zero/Ten Design Proposal' document.

Deputy Deidre Wendy Mezbourian of St.  Lawrence asked a question of the Minister for Education, Sport and Culture regarding capacity at First Tower, Bel Royal and Les Quennevais schools in relation to a proposed housing development at Bel Royal.

Deputy Roy George Le  Hérissier of St.  Saviour asked a question of the Minister for Economic Developmen regarding the senior management group at the Airport.

Deputy Judith Ann Martin of St.  Helier asked a question of the Minister for Economic Development regarding expenditure  from  the  Tourism  Investment  Fund  (TIF)  on  converting  coastal  forts  into  bed  and  breakfast accommodation.

Deputy Judith Ann Martin of St.  Helier asked a question of the Minister for Housing regarding H2 sites already purchased by housing trusts.

Deputy Sarah Craig Ferguson of St.  Brelade asked a question of the Minister for Home Affairs regarding the total cost of investigations into police officers and suspensions.

Deputy John Alexander Nicholas Le  Fondré of St. Lawrence asked a question of the Minister for Transport and Technical Services regarding the impact to traffic flow arising from potential developments in St.  Ouen, St.  Peter St.  Brelade, St.  Lawrence and St.  Mary.

Deputy Gerard Clifford Lemmens Baudains of St.  Clement  asked a question of the Minister for Economic Development regarding the condition of St.  Catherine's Breakwater.

Deputy Geoffrey Peter Southern of St.  Helier asked a question of the Minister for Treasury and Resources regarding EU Savings Tax Directive (STD).

Oral Questions without notice (see Official Report)

1 s t question period – Minister for Home Affairs.

2 n d question period – Minister for Treasury and Resources.

Deputy of St.  John personal statement (see Official Report)

The Deputy of St.  John made a personal statement regarding his attendance in the States following family bereavement.

Strategic Plan 2006 to 2011 – P.40/2006 Addendum and Amendments

THE STATES commenced consideration of a proposition of the Council of Ministers, as amended by the Council of  Ministers,  concerning  the  Strategic  Plan  2006  to  2011  and  adopted  an  amendment  of  the  Chairmen's Committee that after the words "to approve", there be inserted the words "in principle".

THE STATES commenced consideration of an amendment of the Chairmen's Committee that after the word "Appendix", there be inserted the words ", the resource implications of each of those initiatives to be assessed for the purpose of scrutiny prior to implementation", and rejected a proposition of Senator Wendy Kinnard that, in accordance with the provisions of Standing Order 85, the States move to consideration of the next item on the Order Paper.

Members present voted as follows

POUR: 12 CONTRE: 32 ABSTAIN: 0

Senator F.H. Walker Senator W. Kinnard

Senator P.F. Routier Senator M.E. Vibert Senator T.J. Le  Main Connétable of St. Lawrence Deputy J.J. Huet (H) Deputy J.B. Fox (H) Deputy J.A. Hilton (H) Deputy G.W.J. de  Faye (H) Deputy A.J.H. Maclean (H) Deputy of St.  John


Senator S. Syvret

Senator L. Norman

Senator T.A.  Le  Sueur Senator B.E. Shenton

Senator J.L. Perchard Connétable of St. Martin Connétable of St. Mary Connétable of St. Peter Connétable of St. Clement Connétable of St. Helier Connétable of Trinity Connétable of St. Brelade Deputy R.C. Duhamel (S) Deputy A. Breckon (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.A. Martin (H)

Deputy G.P. Southern (H) Deputy S.C. Ferguson (B) Deputy of St.  Ouen

Deputy P.J.D. Ryan (H) Deputy of St.  Peter

Deputy J.A.N. Le  Fondré (L) Deputy D.W. Mezbourian

(L)

Deputy of Trinity

Deputy S.S.P.A Power (B) Deputy S. Pitman (H)

Deputy K.C. Lewis (S)

Deputy I.J. Gorst (C)

Deputy of St.  Mary

THE STATES rejected an amendment of the Chairmen's Committee that after the word "Appendix", there be inserted the words ", the resource implications of each of those initiatives to be assessed for the purpose of scrutiny prior to implementation".

Members present voted as follows

POUR: 25 CONTRE: 26 ABSTAIN: 0

Senator B.E. Shenton Senator J.L. Perchard Connétable of St. Martin Connétable of St. Mary Connétable of St. Peter Connétable of St. Clement Connétable of St. Helier Connétable of St. Brelade Deputy R.C. Duhamel (S)


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 Senator T.J. Le  Main

Deputy A. Breckon (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.A. Martin (H)

Deputy G.P. Southern (H) Deputy S.C. Ferguson (B) Deputy of St.  Ouen

Deputy of Grouville

Deputy of St.  Peter

Deputy D.W. Mezbourian

(L)

Deputy of Trinity

Deputy S.S.P.A. Power (B) Deputy S. Pitman (H)

Deputy K.C. Lewis (S)


Senator F.E. Cohen Connétable of St. Ouen Connétable of Trinity Connétable of St. Lawrence Connétable of Grouville Connétable of St. John Deputy J.J. Huet (H) Deputy P.N. Troy (B) Deputy J.B. Fox (H) Deputy P.J.D. Ryan (H) Deputy J.A. Hilton (H)

Deputy G.W.J. de Faye (H) Deputy J.A.N. Le Fondré (L) Deputy A.J.H. Maclean (H) Deputy of St. John

Deputy I.J. Gorst (C)

Deputy of St.  Mary

THE STATES commenced consideration of an amendment of the Chairmen's Committee that the proposition be numbered "(a)", and there be inserted a new paragraph (b) as follows

" ( b ) t o charge the Council of Ministers to prepare and present to the States, within a period of 2 months, a report setting out the projected financial and manpower consequences of the initiatives for each of the years covered by the Strategic Plan 2006 to 2011.",

and adopted an amendment to that amendment of the Council of Ministers that in the wording of the new paragraph (b), for the words"within a period of 2 months, a report setting out", there be substituted the words "as part of the Annual Business Plan for each of the years covered by the Plan".

Members present voted as follows

POUR: 41 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 Senator T.J. Le  Main

Senator B.E. Shenton Senator F.E. Cohen


CONTRE: 10

Deputy R.C. Duhamel (S)

Deputy A. Breckon (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.A. Martin (H)

Deputy G.P. Southern (H)

Deputy S. Pitman (H) Deputy K.C. Lewis (S)


ABSTAIN: 0

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

St.  Helier Connétable of Trinity Connétable of

St.  Lawrence Connétable of

St.  John

Connétable of

St.  Brelade

Deputy J.J. Huet (H) Deputy P.N. Troy (B) Deputy J.B. Fox (H) 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 P.V.F. Le  Claire (H) Deputy J.A.N. Le  Fondré (L) Deputy D.W. Mezbourian (L)

Deputy of Trinity Deputy S.S.P.A. Power (B)

Deputy A.J.H. Maclean (H)

Deputy I.J. Gorst (C) Deputy of St.  Mary

THE STATES adopted the amendment of the Chairmen's Committee, as amended.

THE STATES adopted an amendment of the Connétable of St. Helier that after the word"Appendix", there be inserted the words "except that,

(1) in the Vision on page 5, in the second bullet point, after the words "based on a strong" insert the words ", environmentally sustainable".

Adjournment

THE STATES then adjourned, having agreed to resume consideration of the proposition of the Council of Ministers, as amended, concerning the Strategic Plan 2006 to 2011, (P.40/2006 lodged "au Greffe" on 10th April 2006), together with outstanding matters of public business the next day, Wednesday 21st June 2006.

THE STATES rose at 6.30 p.m.

M.N. DE LA HAYE Greffier of the States