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States Minutes 13th February 2007

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THE STATES assembled on Tuesday 13th February 2007, at 09.30 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 Paul Francis Routier défaut (défaut raised at 10.12 a.m.)

D e puty Jacqueline Jeannette Huet of St.  Helier– absent due to illness D e puty John Alexander Nicholas Le  Fondré of St.  Lawrence–  défaut

Prayers

Subordinate enactments tabled

The following enactments were tabled, namely –

Marriage  and  Civil Status  (Forms, Registration and Fees) (Amendment No.  2) R&O.27/2007. (Jersey) Order 2007.

Minister for Home Affairs

Sand Racing (Jersey) Order 2007. R&O.28/2007. Minister for Transport and Technical Services.

Road Racing (Hill Climbs and Sprint) (Jersey) Order 2007. R&O.29/2007. Minister for Transport and Technical Services.

Road Traffic ( Grouville ) (Amendment No.  4) (Jersey) Order 2007. R&O.30/2007. Minister for Transport and Technical Services.

Road Traffic (St.  Lawrence) (Amendment No. 20) (Jersey) Order 2007. R&O.31/2007. Minister for Transport and Technical Services.

Documents presented or laid

Land Transactions under Standing Order 168(3) R.9/2007.

  1. Electricity Sub-Station129,MorierHouse,St. Helier proposed lease and

lease variation;

  1. Fairlea, 2 Le Closde L'Ecluse, St.  Brelade – sale ofproperty.

Presented: 2nd February 2007.

Minister for Treasury and Resources.

Code of Conduct for Ministers: statement. R.10/2007. Presented: 9th February 2007.

Council of Ministers.

Code of Conduct for elected members: complaint against Senator  F.H.   Walker . R.11/2007. Presented: 13th February 2007.

Privileges and Procedures Committee.

States of Jersey Law 2005: delegation of functions – fisheries legislation. R.12/2007. Presented: 13th February 2007.

Minister for Economic Development.

States' Property Plan: report. P.A.C.1/2007. Presented: 13th February 2007.

Public Accounts Committee.

Notification of lodged propositions

Draft Sea Fisheries (Licensing of Fishing Boats) (Amendment No.  3) (Jersey) P.15/2007. Regulations 200-.

Lodged: 2nd February 2007.

Minister for Economic Development.

Draft Corruption (Jersey) Law 2006 (Appointed Day) Act 200-. P.16/2007. Lodged: 2nd February 2007.

Minister for Home Affairs.

Draft Police Procedures and Criminal Evidence (Jersey) Law 2003 (Appointed P.17/2007. Day) (No.  4) Act 200-.

Lodged: 2nd February 2007.

Minister for Home Affairs.

Draft Prison (Amendment No.  6) (Jersey) Law 200-. P.18/2007. Lodged: 5th February 2007.

Minister for Home Affairs.

Draft Regulation of Investigatory Powers (Amendment) (Jersey) Law 200-. P.19/2007. Lodged: 6th February 2007.

Minister for Home Affairs.

Draft Centeniers (Terms of Office) (Jersey) Law 200-. P.20/2007. Lodged: 6th February 2007.

Comité des Connétable s.

Draft Règlements (200-) sur le tarif des honoraires des Jurés-Justiciers. P.21/2007. Lodged: 8th February 2007.

Chief Minister.

Deep groundwater: La  Rocque and St.  Catherine boreholes. P.22/2007. Lodged: 8th February 2007.

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

Minimum Wage Level. P.23/2007. Lodged: 12th February 2007.

Deputy G.P. Southern of St. Helier.

Draft Employment (Amendment No.  3) (Jersey) Law 200-. P.24/2007. Lodged: 13th February 2007.

Minister for Social Security.

Minimum Wage: Youth Rate. P.25/2007. Lodged: 13th February 2007.

Deputy G.P. Southern of St. Helier.

Withdrawal of lodged propositions

THE STATES noted that, in accordance with Standing Order 34(1), the proposers of the following propositions lodged "au Greffe" had informed the Greffier of the States that the proposition had been withdrawn

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

Deputy G.P. Southern of St. Helier.

Deep groundwater: La  Rocque and St.  Catherine boreholes. P.13/2007. Lodged: 30th January 2007.

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

Environment Scrutiny Panel – resignation of member

THE STATES noted the resignation of Deputy Gerard Clifford Lemmens Baudains of St.  Clement as a member of the Environment Scrutiny Panel.

Written Questions (see Official Report)

The Chief Minister tabled an answer to a question asked by Senator B.E. Shenton regarding the appointment of Senator M.E. Vibert to the States Employment Board.

The Minister for Treasury and Resources tabled an answer to a question asked by the Connétable of Grouville regarding the Drug Trafficking Confiscation Fund.

The Minister for Home Affairs tabled an answer to a question asked by Deputy D.W. Mezbourian of St.  Lawrence regarding suicide reduction measures at La  Moye Prison.

The Minister for Education, Sport and Culture tabled an answer to a question asked by Deputy R.G. Le  Hérissier of St.  Saviour regarding a date for publication of the Higher Education Report.

The Chief Minister tabled an answer to a question asked by Deputy R.G. Le  Hérissier of St. Saviour regarding salary conditions for suspended employees.

The Minister for Housing tabled an answer to a question asked by Deputy G.P. Southern of St.  Helier regarding the proposed sale of rental units.

The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the Draft Income Support (Jersey) Law.

The Minister for Treasury and Resources tabled an answer to a question asked by Senator J.L. Perchard regarding funds not recorded in the States of Jersey annual accounts.

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy I.J.   Gorst of St.  Clement regarding Jersey's sea defence strategy.

The Minister for Social Security tabled an answer to a question asked by Deputy I.J. Gorst of St.  Clement regarding the employment of people with disabilities.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy I.J. Gorst of St.  Clement regarding statistics on admissions to the General Hospital.

Oral Questions (see Official Report)

Senator L. Norman asked a question of the Chief Minister regarding overtime and bonus payments to public employees.

Deputy C.J. Scott   Warr en of St.  Saviour asked a question of the Minister for Housing regarding the 800  propertie which the Department had identified for sale.

Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding the pay agreement with States manual workers.

Deputy G.P. Southern of St.  Helier asked a question of the Minister for Economic Development regarding the proposed increase his department's headcount.

Deputy K.C. Lewis of St.  Saviour asked a question of the Minister for Transport and Technical Services regarding the future safety of the La  Collette area.

Oral Questions without notice (see Official Report)

The Minister for Treasury and Resources answered questions without notice from members. The Chief Minister answered questions without notice from members.

Statements on a matter of official responsibility (see Official Report)

The Chairman of the Privileges and Procedures Committee made a statement regarding the outcome of an investigation into a breach of the Code of Conduct for Elected Members.

The Minister for Economic Development made a statement regarding the appointment of the Connétable of St.  Brelade as Vice Chairman of the Fisheries and Marine Resources Panel.

The Minister for Treasury and Resources made a statement regarding the Drugs Trafficking Confiscation Fund.

Composition and election of the States Assembly: options for change (R.97/2006)deferral of in Committee' discussion

THE STATES, adopting a proposition of the Chairman of the Privileges and Procedures Committee, agreed to defer consideration the in Committee' discussion of the Composition and Election of the States Assembly: options for change (R.97/2006) from the present meeting to a later date.

Members present voted as follows

POUR: 41 CONTRE: 7 ABSTAIN: 0

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 B.E. Shenton

Senator F.E. Cohen

Senator J.L. Perchard 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. Brelade Connétable of St. Martin Connétable of St. John

Deputy R.C. Duhamel (S) 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 S.C. Ferguson (B) Deputy of St. Ouen

Deputy P.J.D. Ryan (H) 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 A.J.H. Maclean (H) Deputy K.C. Lewis (S)

Deputy I.J. Gorst (C)

Deputy of St.  Mary


Deputy A. Breckon(S) Deputy J.B. Fox (H) Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy J.A. Hilton (H) Deputy G.W.J. de  Faye (H) Deputy of St.  John

Draft Departments of the Judiciary and the Legislature (Amendment No.  4) (Jersey) Law 200- P.169/2006

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Departments of the Judiciary and the Legislature (Amendment No.  4) (Jersey) Law 200-.

Jersey Child Care Trust: appointment of Chairman – P.11/2007

THE STATES, adopting a proposition of the Minister for Education, Sport and Culture, agreed that Mr.  Geoffrey Colin Powell CBE be appointed as Chairman of the Jersey Child Care Trust for a further term of three years until

31st December 2009.

Jersey Arts Trust: appointment of Chairman – P.12/2007

THE  STATES,  adopting  a  proposition  of  the  Minister  for  Education,  Sport  and  Culture,  approved  the appointment of Mr.  Colin Perchard CVO, OBE as Chairman of the Jersey Arts Trust for a further term of four years in accordance with the provisions of the Trust's amended constitution.

Jersey Financial Services Commission: appointment of Commissioner P.8/2007

The Bailiff , in accordance with Article  3 of the Financial Services Commission (Jersey) Law 1998 and Standing Order No.  82, ordered the withdrawal of strangers and the closing of the doors of the Chamber in order that the appointment of a Commissioner of the Jersey Financial Services Commission 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 Economic Development, and in pursuance of Article  3 of the Financial Services Commission (Jersey) Law 1998, appointed Mr.  John Richard Harris as a Commissioner of the Jersey Financial Services Commission from 1st March 2007 to 28th February 2010.

Arrangement of public business for future meetings

THE STATES agreed the following arrangement of public business for future meetings proposed, as amended, by the Chairman of the Privileges and Procedures Committee in accordance with the provisions of Standing Order 88 (3) –

27th February 2007

Draft Road Traffic (No.  57) (Jersey) Regulations 200-. P.161/2006. Lodged: 1st December 2006.

Minister for Transport and Technical Services.

Draft Road Traffic (No.  57) (Jersey) Regulations 200- (P.161/2006): amendment. P.161/2006. Lodged: 23rd January 2007. Amd. Minister for Transport and Technical Services.

Draft Police (Honorary Police Complaints and Discipline Procedure) (Amendment) P.2/2007. (Jersey) Regulations 200-.

Lodged: 3rd January 2007.

Minister for Home Affairs.

Field 512, La  Route des Camps, St.  Brelade: proposed Deed of Arrangement. P.3/2007. Lodged: 10th January 2007.

Minister for Treasury and Resources.

Draft Criminal Offences (Jersey) Law 200-. P.7/2007. Lodged: 16th January 2007.

Chief Minister.

Draft Corruption (Jersey) Law 2006 (Appointed Day) Act 200-. P.16/2007. Lodged: 2nd February 2007.

Minister for Home Affairs.

Draft Police Procedures and Criminal Evidence (Jersey) Law 2003 (Appointed P.17/2007. Day) (No.  4) Act 200-.

Lodged: 2nd February 2007. Minister for Home Affairs.

Deep groundwater: La  Rocque and St.  Catherine boreholes. P.22/2007. Lodged: 8th February 2007.

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

13th March 2007

Draft F.B. Playing Fields (Sports Hall ) (Jersey) Law 200-. P.9/2007. Lodged: 22nd January 2007.

Minister for Education, Sport and Culture.

Draft Shops (Sunday Trading) (No.  9) (Jersey) Regulations 200-. P.10/2007. Lodged: 26th January 2007.

Minister for Economic Development.

Minimum Wage Level. P.23/2007. Lodged: 12th February 2007.

Deputy G.P. Southern of St. Helier.

Minimum Wage: Youth Rate. P.25/2007. Lodged: 13th February 2007.

Deputy G.P. Southern of St. Helier.

Draft Employment (Minimum Wage) (Amendment No.  2) (Jersey) Regulations P.14/2007. 200-.

Lodged: 30th January 2007.

Minister for Social Security.

THE STATES will sit in Committee' to discuss the following report –

Composition and election of the States Assembly: options for change. R.97/2006. Presented: 11th December 2006.

Privileges and Procedures Committee

27th March 2007

Composition and Election of the States Assembly: proposed reform. P.145/2006. Lodged: 3rd November 2006.

Senator B.E. Shenton.

Composition and Election of the States Assembly: proposed reform (P.145/2006): P.145/2006. amendments. Amd. Lodged: 28th December 2006.

Deputy G.P. Southern of St. Helier.

Public Elections: reduction in voting age to 16. P.166/2006. Lodged: 5th December 2006.

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

Electoral Reform. P.4/2007. Lodged: 11th January 2007.

Deputy G.P. Southern of St. Helier.

Draft Sea Fisheries (Licensing of Fishing Boats) (Amendment No.  3) (Jersey) P.15/2007.

Regulations 200-.

Lodged: 2nd February 2007. Minister for Economic Development.

Draft Prison (Amendment No.  6) (Jersey) Law 200-. P.18/2007. Lodged: 5th February 2007.

Minister for Home Affairs.

Draft Regulation of Investigatory Powers (Amendment) (Jersey) Law 200-. P.19/2007. Lodged: 6th February 2007.

Minister for Home Affairs.

Draft Centeniers (Terms of Office) (Jersey) Law 200-. P.20/2007. Lodged: 6th February 2007.

Comité des Connétable s.

Draft Règlements (200-) sur le tarif des honoraires des Jurés-Justiciers. P.21/2007. Lodged: 8th February 2007.

Chief Minister.

Draft Employment (Amendment No.  3) (Jersey) Law 200-. P.24/2007. Lodged: 13th February 2007.

Minister for Social Security.

17th April 2007

Social Housing Property Plan 2007–2016. P.6/2007. Lodged: 16th January 2007.

Minister for Housing.

THE STATES rose at 11.29 a.m.

M.N. DE LA HAYE Greffier of the States