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States Minutes 28th February 2006

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THE STATES assembled on Tuesday, 28th February 2006 at 9.30 a.m. under the Presidency of the Bailiff ,

Sir Philip Bailhache .

All members were present at roll call with the exception of

S e nator Ben Edward Shenton – en défaut

D e puty Celia Joyce Scott   Warr en of St.  Saviour– excused (arrived in the Chamber at 10.20 a.m.)

Prayers read by the Greffier of the States

Subordinate enactments tabled

The following enactments were tabled, namely –

Employment (Minimum Wage) (Amendment) (Jersey) Order 2006. R&O 20/2006. Minister for Social Security.

Road Racing (Karts) (Jersey) Order 2006. R&O 21/2006. Minister for Home Affairs.

Documents presented or laid

Land Transactions under Standing Order 168(3) Broadcasting House, Rouge R.20/2006. Bouillon, St.  Helier –

  1. Mr. BenjaminDavies 1 YearLease;
  2. Miss Tracie Ward 1 YearLease;
  3. Saxon Bennett Ltd. – 1 YearLease;
  4. Mr. Timothy Evans – 11 Month Lease.

Presented: 16th February 2006.

Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – signature of leases. R.21/2006. Presented: 22nd February 2006.

Minister for Treasury and Resources.

Cigarette lighter refill canisters: sale to minors (P.218/2005): comments. P.218/2005. Presented: 28th February 2006. Com Minister for Home Affairs.

Notification of lodged propositions

Draft Postal Services (Transfer) (Jersey) Regulations 200- (P.9/2006): amendment. P.9/2006. Lodged: 28th February 2006. Amd. Minister for Treasury and Resources.

Health and Safety Tribunal: appointment of member. P.14/2006. Lodged: 16th February 2006.

Minister for Social Security.

Draft States of Jersey (Powers, Privileges and Immunities) (Scrutiny panels, PAC P.15/2006. and PPC) (Jersey) Regulations 200-.

Lodged: 21st February 2006.

Privileges and Procedures Committee.

Establishment of a Citizen's Panel: approval by States Assembly. P.16/2006. Lodged: 21st February 2006.

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

Political activities by States employees. P.17/2006. Lodged: 24th February 2006.

Council of Ministers.

Jersey Appointments Commission: appointment of Chairman and members. P.18/2006. Lodged: 24th February 2006.

Chief Minister.

Draft Housing (General Provisions) (Amendment No.  23) (Jersey) Regulations P.19/2006. 200-.

Lodged: 28th February 2006.

Minister for Housing.

Bailiff 's Consultative Panel. P.20/2006. Lodged: 28th February 2006.

Privileges and Procedures Committee.

Draft Restriction on Smoking (Vending Machines) (Jersey) Regulations 200-. P.21/2006. Lodged: 28th February 2006.

Minister for Health and Social Services.

Draft Restriction on Smoking (Public Transport) (Amendment) (Jersey) P.22/2006. Regulations 200-.

Lodged: 28th February 2006.

Minister for Health and Social Services.

Draft Restriction on Smoking (Sales of Cigarettes to Children) (Amendment No. 2) P.23/2006. (Jersey) Regulations 200-.

Lodged: 28th February 2006.

Minister for Health and Social Services.

Sea Transport: revised policy. P.24/2006. Lodged: 28th February 2006 (and referred to the Minister for Economic

Development)

Deputy J.B. Fox of St. Helier.

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

Private hospital development: Scrutiny Review. P.221/2005. Lodged: 6th October 2005.

Deputy P.V.F. Le Claire of St.  Helier.

Written Questions (see Official Report)

 T  he Minister for Home Affairs tabled an answer to a question asked by Deputy J.B. Fox of St.  Helier

regarding the introduction of legislation to facilitate civil asset recovery.

T h e Minister for Economic Development tabled an answer to a question asked by Deputy G.C.L. Baudains of

St.  Clement regarding ferry links with the United Kingdom and France.

T h e Chairman of the Privileges and Procedures Committee tabled an answer to a question asked by Deputy

R.G. Le  Hérissier of St.  Saviour regarding the Committe'es proposals relating to the future composition of the States.

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 sale of the Aquila Youth Club site.

 T  he Minister for Housing tabled an answer to a question asked by Deputy G.P. Southern of St.  Helier

regarding the possible restructuring of Housing rents into a banding system.

T h e Minister for Economic Development tabled an answer to a question asked by Deputy G.P. Southern of

St.  Helier regarding the abolition of the economic benefit test.

Oral Questions (see Official Report)

 D  eputy J.A. Martin of St.  Helier asked a question of the Minister for Economic Deveopment regarding

policies relating to the fulfilment industry.

T h e Connétable of St.  Helier asked a question of the Chief Minister regarding the process leading up to the

recent appointment of staff in the Communications Unit.

T he   Deputy  of  St.  Martin  asked  a  question  of  the  Minister  for  Treasury  and  Resources  regarding the

preparation of legislation relating to stamp duty on share transfer properties.

T h e Deputy of St.  Mary asked a question of the Minister for Planning and Environment regardingthe number

of new domestic developments connected to tight tanks in the last five years.

D  eputy K.C. Lewis of St.  Saviour asked a question of the Minister for Economic Development regarding the

Agreement with Condor Ltd. for the period 1st January 2002 to 31st December 2006.

D  eputy R.G. Le  Hérissier of St.  Saviour asked a question of the Minister for Education, Sport and Cultur

regarding formal channels to enable the Minister and his Department to be aware of the training needs of the finance industry.

T h e Connétable of St.  Helier asked a question of the Minister for Education, Sport and Culture regardingthe

response to the consultation process on nursery care provision.

D  eputy G.P. Southern of St.  Helier asked a question of the Minister for Economic Development regarding

funding to implement the Economic Growth Plan.

D  eputy K.C. Lewis of St.  Saviour asked a question of the Minister for Economic Development regarding the

Service Level Agreements for ferry operators on the southbound route.

D eputy G.C.L. Baudains of St.  Clement asked a question of the Minister for Transport and Technical

Services regarding the roadworks at the Dicq, St.  Clement.

T h e Deputy of St.  Mary asked a question of the Minister for Transport and Technical Services regarding the

number of domestic households currently connected to tight tanks and charges for emptying tight tanks.

D eputy  R.G.  Le  Hérissier  of  St.  Saviour  asked  a  question  of  the  Minister  for  Economic  Developmen

regarding the recent inquiry carried out by the Jersey Competition Regulatory Authority into the potato marketing sector.

D  eputy G.P. Southern of St.  Helier asked a question of the Minister for Social Security regarding a letter

dated 24th February 2006 relating to the minimum wage.

Oral Questions without notice (see Official Report)

The Minister for Housing answered questions without notice from members.

The Minister for Planning and Environment answered questions without notice from members.

Implementation of the Tobacco Strategy statement (see Official Report)

The Minister for Health and Social Services made a statement regarding the implementation of the Tobacco Strategy.

Owners' signatures on planning applications statement (see Official Report)

The  Minister  for  Planning  and  Environment  made  a  statement  regarding  owners' signatures  on  planning applications.

Cigarette lighter refill canisters: sale to minors – P.218/2005

THE STATES, adopting a proposition of Deputy Geoffrey Peter Southern of St.  Helier

  1. a g reed, in principle, that it shouldbecome an offence for anyperson to sell cigarette lighter refill canisters containing butane, or a substance with butane as a constituent part, toanypersonunder the age of eighteenyears;and,
  2. re q uested the Minister forEconomicDevelopmentCommittee, in consultation with the Minister for Home Affairs as appropriate, to bring forward for approval the necessary legislation to give effect to theproposal.

Members present voted as follows

POUR: 50 CONTRE: 0 ABSTAIN: 0

Senator S. Syvret Senator L. Norman 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 F.E. Cohen

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 Grouville Connétable of St. John Connétable of St. Brelade Deputy R.C. Duhamel (S) Deputy A. Breckon (S)

Deputy J.J. Huet (H)

Deputy of St.  Martin

Deputy G.C.L. Baudains (C) 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 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 J.A. Le Fondré (L) Deputy D.W. Mezbourian (L)

Deputy of Trinity

Deputy S. Power (B)

Deputy S. Pitman (H)

Deputy AJ.H. Maclean (H) Deputy K.C. Lewis (S)

Deputy of St.  John

Deputy I.J. Gorst (C)

Deputy of St.  Mary

Draft Public Elections (Amendment) (Jersey) Regulations 200- P.2/2006

THE STATES, in pursuance of Articles 7 and 72 of the Public Elections (Jersey) Law 2002, made Regulations entitled the Public Elections (Amendment) (Jersey) Regulations 2006.

Draft Public Elections (Jersey) Law 2002 (Appointed Day) (No.  2) Act 200- P.1/2006

THE STATES, in pursuance of Article  74(2) of the Public Elections (Jersey) Law 2002, made an Act entitled the

Public Elections (Jersey) Law 2002 (Appointed Day) (No.  2) Act 2006. Law Revision Board: appointment of members P.12/2006

THE STATES, adopting a proposition of the Minister for Treasury and Resources and in accordance with Article  2(1)(a) of the Law Revision (Jersey) Law 2003, appointed the Deputy of St.  Martin and Deputy Gerard Clifford Lemmens Baudains of St.  Clement as members of the Law Revision Board.

Agent of the Impôts: appointment P.10/2006

The Bailiff , in accordance with Article  4(2) of the Customs and Excise (Jersey) Law 1999, and Standing Order No.  82(1), ordered the withdrawal of strangers and the closing of the doors of the Chamber in order that the appointment of the Agent of the Impôts be debated in camera.

THE STATES, having deliberated thereon in camera, proceeded to vote in public assembly and adopting a proposition of the Minister for Home Affairs and in accordance with Article  4 of the Customs and Excise (Jersey) Law 1999, approved the appointment of Mr.  Michael Robinson as Agent of the Impôts with effect from 1st March 2006.

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 –

14th March 2006

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 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. Com. comments.

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 (Transfer) (Jersey) Regulations 200- (P.2/2006): amendment. P.9/2006. Lodged: 28th February 2006. Amd. 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.

Health and Safety Tribunal: appointment of member. P.14/2006. Lodged: 16th February 2006.

Minister for Social Security.

Establishment of a Citizen's Panel: approval by States Assembly. P.16/2006. Lodged: 21st February 2006.

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

Jersey Appointments Commission: appointment of Chairman and members. P.18/2006. Lodged: 24th February 2006.

Chief Minister.

(The Chief Minister had given notice that he will propose, in accordance with

Standing Order 81, that the debate on this proposition be conducted in camera'.

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 between the P.13/2006. States of Jersey and the United Kingdom.

Lodged: 14th February 2006.

Minister for Economic Development.

Sea Transport: revised policy. P.24/2006. Lodged: 28th February 2006.

Deputy J.B. Fox of St. Helier.

4th April 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.

Draft States of Jersey (Powers, Privileges and Immunities) (Scrutiny panels, PAC P.15/2006. and PPC) (Jersey) Regulations 200-.

Lodged: 21st February 2006.

Privileges and Procedures Committee.

25th April 2006

Political activities by States employees. P.17/2006. Lodged: 24th February 2006.

Council of Ministers.

Draft Housing (General Provisions) (Amendment No.  23) (Jersey) Regulations P.19/2006. 200-.

Lodged: 28th February 2006.

Minister for Housing.

Bailiff 's Consultative Panel. P.20/2006. Lodged: 28th February 2006.

Privileges and Procedures Committee.

Draft Restriction on Smoking (Vending Machines) (Jersey) Regulations 200-. P.21/2006. Lodged: 28th February 2006.

Minister for Health and Social Services.

Draft Restriction on Smoking (Public Transport) (Amendment) (Jersey) P.22/2006. Regulations 200-.

Lodged: 28th February 2006.

Minister for Health and Social Services.

Draft Restriction on Smoking (Sales of Cigarettes to Children) (Amendment No. 2) P.23/2006. (Jersey) Regulations 200-.

Lodged: 28th February 2006.

Minister for Health and Social Services.

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).

Draft Taxation (United States of America) (Jersey) Regulations 200-. P.264/2005. Lodged: 8th November 2005.

Chief Minister, (formerly the Policy and Resources Committee).

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 Feb 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 adopted a proposition of the Minister for Social Security that the following matter be not debated on 14th March 2006

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.

Members present voted as follows

POUR: 42 CONTRE: 10 ABSTAIN: 0

Senator L. Norman

Senator F.H. Walker

Senator T.A. Le  Sueur

Senator P.F. Routier

Senator M.E. Vibert

Senator P.F.C. Ozouf

Senator T.J. Le  Main

Senator F.E. Cohen

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 St. Lawrence Connétable of Grouville Connétable of St. John Connétable of St. Brelade Deputy R.C. Duhamel (S) Deputy J.J. Huet (H)

Deputy P.N. Troy (B)

Deputy C.J. Scott Warr en (S) Deputy R.G. Le Hérissier (S) 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.N. Le Fondré (L) Deputy D.W. Mezbourian (L)

Deputy of Trinity

Deputy S. 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


Senator S. Syvret

Senator W. Kinnard Connétable of St. Helier Deputy A. Breckon (S) Deputy of St.  Martin Deputy G.C.L. Baudains (C) Deputy J.B. Fox (H)

Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy S. Pitman (H)

THE STATES rose at 12.25 p.m.

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