States Minutes 24th October 2006

THE STATES assembled on Tuesday, 24th October 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 Stuart Syvret – en défaut (défaut raised at 10.09 a.m.)

S e nator Paul Francis Routier – absent due to illness (arrived in the Chamber at 2.40 p.m.) S e nator Philip Francis Cyril Ozouf – en défaut (défaut raised at 09.40 a.m.)

C o nnétable Kenneth Alan Le  Brun of St.  Mary–  en défaut

C o nnétable Thomas John du Feu of St.  Peter – absent due to illness

D e puty Alan Breckon of St.  Saviour – absent on States' business

D e puty Geoffrey Peter Southern of St.  Helier – en défaut (défaut raised at 09.40 a.m.)

Prayers

Subordinate enactments tabled

The following enactments were tabled, namely –

Sand Racing (No.  2) (Jersey) Order 2006. R&O 101/2006. Minister for Transport and Technical Services.

Residential  Homes  (General  Provisions)  (Amendment  No.  13)  (Jersey)  Order R&O 102/2006. 2006.

Minister for Health and Social Services.

Food Safety (Ice-Cream Stalls etc.) (Amendment No.  27) (Jersey) Order 2006. R&O 103/2006. Minister for Health and Social Services.

Nursing  Agencies  (General  Provisions)  (Amendment  No.  22)  (Jersey)  Order R&O 104/2006. 2006.

Minister for Health and Social Services.

Nursing Homes and Mental Nursing Homes (General Provisions) (Amendment R&O 105/2006. No.  14) (Jersey) Order 2006.

Minister for Health and Social Services.

Documents presented or laid

Fields 190 and 192, Rue de  la Sergente, St.  Brelade (P.75/2006): comments. P.75/2006. Com. Presented: 24th October 2006.

Minister for Planning and Environment.

Goods and Services Tax: exempt or zero-rated items (P.86/2006) – comments. P.86/2006. Com. Presented: 16th October 2006.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – proposed central refuge island at R.82/2006. Longueville Road – acquisition of land at Miladi Parade.

Presented: 12th October 2006.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – Elizabeth Harbour: Warehouse R.83/2006. E25 – lease to DFDS Transport Ltd.

Presented: 13th October 2006.

Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – Customs and Excise (Import R.84/2006. and Export Control) (Jersey) Order 2006.

Presented: 17th October 2006.

Minister for Home Affairs.

Land Transactions under Standing Order 168(3) – 9 Hue Street, St.  Helier: sale of R.85/2006. freehold interest.

Presented: 20th October 2006.

Minister for Treasury and Resources.

Goods and Services Tax Review: Interim Report. S.R.6/2006. Presented: 18th October 2006.

Corporate Services Scrutiny Panel.

Notification of lodged propositions

Draft States of Jersey (Transfer of Functions No.  2) (Planning and P.125/2006. Environment to Economic Development) (Jersey) Regulations  200-.

Lodged: 18th October 2006.

Chief Minister.

Draft States of Jersey (Amendment No.  3) Law 200-. P.126/2006. Lodged: 20th October 2006.

Privileges and Procedures Committee.

Draft Administrative Decisions (Review) (Amendment No.  2) (Jersey) Law P.127/2006. 2006 (Appointed Day) Act 200-.

Lodged: 20th October 2006.

Privileges and Procedures Committee.

Draft Employment (Amendment No.  2) (Jersey) Law 200-. P.128/2006. Lodged: 20th October 2006.

Deputy G.P. Southern of St. Helier.

Draft Health Insurance (Medical Benefit) (Amendment) (Jersey) Regulations P.129/2006. 200-.

Lodged: 24th October 2006.

Minister for Social Security.

Budget 2007. P.130/2006. Lodged: 24th October 2006.

Minister for Treasury and Resources.

Draft Finance (Jersey) Law 200-. P.131/2006. Lodged: 24th October 2006.

Minister for Treasury and Resources.

Draft Income Tax (Amendment No.  26) (Jersey) Law 200-. P.132/2006. Lodged: 24th October 2006.

Minister for Treasury and Resources.

Establishment of a Stabilisation Fund and Policy for Strategic Reserve. P.133/2006. Lodged: 24th October 2006.

Minister for Treasury and Resources.

Draft Employment (Amendment No.  3) (Jersey) Law 200-. P.134/2006. Lodged: 24th October 2006.

Minister for Social Security.

Draft Employment Tribunal (Amendment) (Jersey) Regulations 200-. P.135/2006. Lodged: 24th October 2006.

Minister for Social Security.

Draft Public Employees (Contributory Retirement Scheme) (New Members) P.136/2006. (Amendment No.  11) (Jersey) Regulations 200-.

Lodged: 24th October 2006.

Chief Minister.

Draft Public Employees (Contributory Retirement Scheme) (Existing P.137/2006. Members) (Amendment No.  8) (Jersey) Regulations 200-.

Lodged: 24th October 2006.

Chief Minister.

Draft Amendment (No.  31) to the Tariff of Harbour and Light Dues. P.138/2006. Lodged: 24th October 2006.

Minister for Economic Development.

Draft Harbours (Amendment No.  40) (Jersey) Regulations 200-. P.139/2006. Lodged: 24th October 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 propositions lodged "au Greffe" had informed the Greffier of the States that they had been withdrawn –

Draft Howard Davis Farm (Removal of Covenant) (Jersey) Law 200-. P.65/2006. Lodged 30th May 2006.

Minister for Treasury and Resources.

Howard Davis Farm, Trinity : part of Fields 562, 827 and 828 – sale of land. P.68/2006. Lodged: 5th June 2006.

Minister for Treasury and Resources.

Written Questions (see Official Report)

1. T he Minister for Planning andEnvironmenttabledananswerto a questionasked by Deputy Kevin Charles Lewis of St.  Saviourregardingthe administration ofdrugs to horsesandponies.
2. T he Minister forHome Affairs tabled an answer to a questionasked by Deputy Kevin Charles Lewis of St.  Saviour regarding the blocking ofmobile phone calls to inmates at H.M. PrisonLa Moye.
3. T he Minister forSocialSecurity tabled ananswer to a questionaskedby Deputy GeoffreyPeter Southern of St.  Helier regarding a review of pensions legislation.
4. T he Minister forEconomicDevelopment tabled ananswer to a questionaskedby Deputy GeoffreyPeter Southern of St.  Helier regarding thebudget for event-led tourism events.
5. T he Minister forEconomicDevelopment tabled ananswer to a questionaskedby Deputy GeoffreyPeter Southern of St.  Helier regarding the additional funding granted to the Battle of FlowersAssociation in 2006.
6. T  he Chief Minister tabled answers to questionsaskedby Deputy Geoffrey Peter Southern of St.  Helier regarding the establishment of a population register.
7. T he Minister for Treasury and Resources tabled ananswerto a questionaskedby Deputy Geoffrey Peter Southern of St.  Helier regarding recentchangesto trust legislation.
8. T he Minister for Home Affairs tabled ananswer to a questionaskedby Deputy Gerard Clifford Lemmens Baudains of St.  Clement regarding the States of Jersey Police Third Quarter 2006 Performance Report.
9. T he Minister for Planning andEnvironment tabled answers to questionsaskedby Deputy Gerard Clifford Lemmens Baudains ofSt. Clementregardinglocalweatherforecasting.
10. The Minister for Transport and Technical Services tabled ananswer to a questionaskedby Deputy Roy GeorgeLe Hérissier ofSt. Saviour regarding thesubsidy paid toConnex in respect oftheoperation of th bus service.

Oral Questions (see Official Report)

1. Deputy GeoffreyPeter Southern of St.  Helier asked a question of the Minister for  TreasuryandResource regarding the responses received to the request for information (RFI) over the implementationof the GST information management system.
2. Senator BenEdwardShentonasked a question of the Minister for Transport and TechnicalServicesregarding actions taken to recover the £186,802 paid toConnexin respect of shift allowance,(Recommendation 6 of the Committee of Inquiry into thetenderprocessandawardof the bus contract).
3. Deputy ShonaPitmanof St.  Helierasked a questionof the Chief Minister regarding the recent speechgiven by the Bailiff tothe Liechtenstein Dialogue on the Future ofFinancialMarkets.
4. Deputy  Judith  Ann Martin  of St. Helier asked a  question of the  Minister  for  Treasury and Resources regarding the issue to themajorityoftheworking population ofassessment notices showing the total income tax payablefor2005.
5. Senator James  Lewis Perchard asked a  question  of the Minister for Transport and Technical Services regarding the recent tenderprocessfor the schoolandsummer leisure bus services.
6. The Connétable ofSt. Helier asked a question of the Minister forEducation,Sport and Culture regarding

plans to mark the 200th anniversary of Fort Regent.

7. D  eputyG.P. Southern of St.  Helierasked a questionoftheMinister for Treasury and Resources regarding the period referred to bythebalance figure on the recently issued income tax assessment notices for2005.
8. D  eputyKevin Charles Lewis ofSt. Saviour asked a questionof the Minister forEconomicDevelopment regarding theimpactonthelocal retail industryof the fact that the importoflowvaluegoods purchased via the internetshoppingwould not attract GST.
9. D  eputyDeirdreWendy Mezbourian of St.  Lawrenceasked a questionof the Minister forEducation,Sport and Culture regarding the minimumtermof residency that was currently required before becoming eligible to receive fundingtowards university costs.
10. Senator James Lewis Perchard asked a question of the Minister for Transport and Technical Services regarding the average seating capacityof the vehicles beingobtainedbyConnex for the schoolbusservice.
11. Deputy RoyGeorgeLe Hérissier ofSt. Saviour asked a questionoftheMinisterforHealthandSocia Services regarding proceduresto deal with complaintsmade against seniorofficersofhisDepartment.
12. Deputy Judith Ann Martin of St.  Helier asked a question of the Assistant Minister for Social Security regarding the ability to ascertain from computer records information on how manypeople were currently working andpaying social security contributions."
13. The Connétable ofSt. Helier asked a questionof the Minister forTransportandTechnicalregardingletters of 30th May and 10th August 2006 on the Parish of St.  HelierRoads Committee's DraftCycling Strategy.
14. Deputy Celia Joyce Scott   Warr en of St. Saviour ask a questionofthe Minister for Treasury and Resource concerning the Citizens' Fund and thefunds available to the Community Savings and CreditLtd.
15. Senator BenEdward Shenton asked a questionof the Minister for Economic Development regarding the increase in the granttoJerseyFinanceLtd. for 2007.
16. Deputy Kevin Charles Lewis of St.  Saviourasked a questionofthe Minister forHome Affairs regarding the proposed anti-discrimination legislation.

Oral Questions without notice (see Official Report)

T h e Minister for Treasury and Resources answered questions without notice from members. T h e Minister for Home Affairs answered questions without notice from members.

Withdrawal of the propositions relating to Howard Davis Farm, Trinity – statement (see Official Report)

The  Minister  for  Treasury  and  Resources made  a  statement  concerning the  withdrawal  of the  propositions P.65/2006 and P.68/2006 relating to Howard Davis Farm, Trinity .

Review of the Property Plan – statement (see Official Report)

The Chairman of the Public Accounts Committee made a statement concerning the review of the Property Plan.

Goods and Services Tax: exempt or zero-rated items – P.86/2006 Amendment and Comments

THE STATES commenced consideration of paragraphs (a) to (d) and (f) and (g) of a proposition of Senator Stuart Syvret concerning Goods and Services Tax: exempt or zero-rated items together with an amendment of the proposer that after paragraph  (g) there be inserted the following new paragraph –

" ( h) domestic energy and fuel".

In accordance with Standing Orders 106(1)(b) and (c) the following members declared an interest but remained in the Chamber for the duration of the debate –

Senator Stuart Syvret

Senator Terence Augustine Le  Sueur

Senator Wendy Kinnard

Senator James Leslie Perchard

Senator Ben Edward Shenton

Connétable of St. Brelade

Deputy of St.  Martin

Deputy Celia Joyce Scott   Warr en of St.  Saviour

Deputy John Alexander Nicholas Le  Fondré of St.  Lawrence.

Adjournment

THE STATES adjourned, and agreed to reconvene on Wednesday 25th October 2006 to resume consideration of the proposition of Senator Stuart Syvret and the outstanding items of public business.

THE STATES rose at 5.40 p.m.

M.N. DE LA HAYE Greffier of the States