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States Minutes 15th May 2007

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THE STATES assembled on Tuesday 15th May 2007, at 09.30 a.m. under

the Presidency of the Deputy Bailiff ,

Mr.  Michael Cameron St.  John Birt Esquire.

All members were present at roll call with the exception of

S e nator Stuart Syvret – ill

S e nator Wendy Kinnard en défaut (défaut raised at 9.35 a.m.)

C o nnétable Philip Francis Ozouf of St.  Saviour ill

C o nnétable Kenneth Alan Le  Brun of St.  Mary–  en défaut (défaut raised at 9.36 a.m.)

C o nnétable John Le  Sueur Gallichan of Trinity – en défaut

D e puty Peter Nicholas Troy of St Brelade en défaut (défaut raised at 10.17 a.m.)

D e puty Celia Joyce Scott - Warr en of St.  Saviour – absent on States business

D e puty Sarah Craig Ferguson of St.  Brelade absent on States business

D e puty Patrick John Dennis Ryan of St.  Helier – excused (arrived in the Chamber at 10.38 a.m.) D e puty Guy William John de  Faye of St.  Helier–  en défaut (défaut raised at 9.44 a.m.)

D e puty Sean Seamus Patrick Augustine Power of St.  Brelade – absent on States business

D e puty Kevin Charles Lewis of St.  Saviour – absent on States business

Prayers led by the Greffier of the States

Liberation Day thanks

The Deputy Bailiff , on behalf of all members and the Bailiff , thanked those involved in the organisation of the recent Liberation Day celebrations.

Subordinate enactments tabled

The following enactments were tabled, namely –

Social Security Advisory Council (Amendment) (Jersey) Order 2007. R&O.60/2007. Minister for Social Security.

Road Traffic (St.  Ouen) (Amendment No.  12) (Jersey) Order 2007. R&O.65/2007. Minister for Transport and Technical Services.

Planning and Building (General Development) (Jersey) Order 2007. R&O.66/2007. Minister for Planning and Environment.

Public Finances (Accounting Standards) (Jersey) Order 2007. R&O.67/2007. Minister for Treasury and Resources.

Royal Court (Amendment No.  6) Rules 2007. R&O.68/2007. Superior Number of the Royal Court.

Documents presented or laid

States of Jersey Law 2005: delegation of functions – Planning and Building R.44/2007.

(Jersey) Law 2002 dangerous structures. Presented: 4th May 2007.

Minister for Planning and Environment.

Jersey Advisory and Conciliation Service: Board members' report and financial R.45/2007. statements for 2006.

Presented: 8th May 2007.

Minister for Social Security.

Land Transactions under Standing Order 168(3) R.46/2007.

  1. Elizabeth Terminal, OfficeE43 lease to Mr. GordonForrest;
  2. Elizabeth Terminal Check-in Office E8 lease to HD Ferries Limited;
  3. Public footpath betweenGorey Village Main Road andLa Rue de  la Poterie–

acquisition of land from Les  Hoûmets Residential Home, Gorey Village,

Grouville .

Presented: 8th May 2007.

Minister for Treasury and Resources.

International Covenant on Economic, Social and Cultural Rights: fifth periodic R.47/2007. report of the States of Jersey (as at April 2007).

Presented: 11th May 2007.

Chief Minister.

Jersey Financial Services Commission: Annual Report for 2006. R.48/2007. Presented: 15th May 2007.

Minister for Economic Development.

Land Transactions under Standing Order 168(3) Stonemason's Yard (Former R.49/2007. Quarry), Mont Mado, St.  John: proposed sale.

Presented: 15th May 2007.

Minister for Treasury and Resources.

La  Pouquelaye Old School Site: purchase (P.55/2007) comments. P.55/2007. Com. Presented: 14th May 2007.

Minister for Treasury and Resources.

Notification of lodged propositions

Commissioners of Appeal for Income Tax: re-appointment. P.59/2007. Lodged: 8th May 2007.

Minister for Treasury and Resources.

Draft States of Jersey (Amendment No.  3) Law 200-. P.60/2007. Lodged: 10th May 2007.

Privileges and Procedures Committee.

Rezoning of land for Category  A and life-long dwellings for the over 55s. P.61/2007. Lodged: 14th May 2007.

Minister for Planning and Environment.

Disciplinary Panel of the Law Society of Jersey: appointment of lay members. P.62/2007. Lodged: 15th May 2007.

Chief Minister.

Public Elections: reduction in voting age to 16. P.63/2007. Lodged: 15th May 2007.

Deputy of Grouville .

Composition and Election of the States. P.64/2007. Lodged: 15th May 2007.

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

Former School premises, Clearview Street, St.  Helier: sale to Scott Gibaut Homes P.65/2007 Trust.

Lodged: 15th May 2007.

Minister for Treasury and Resources.

Written Questions (see Official Report)

The Chairman of the Privileges and Procedures Committee tabled an answer to a question asked by Deputy P.V.F. Le  Claire of St.  Helier regarding the inclusion of unelected members of the States in reform proposals.

The Chief Minister tabled an answer to a question asked by Deputy J.B. Fox of St.  Helier regarding succession planning for senior posts within the public sector.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy R.G.  Le Hérissier o St.  Saviour regarding a response to the Scrutiny Report S.R.1/2007 relating to the closure of wards at Overdale.

The Chairman of the Comité des Connétable s tabled an answer to a question asked by Deputy R.G.  Le  Hérissie of St.  Saviour concerning the electoral register.

The Chief Minister tabled an answer to a question asked by Deputy R.G. Le  Hérissier of St.  Saviour regarding th appointment of candidates to senior public sector posts.

The Minister for Housing tabled an answer to a question asked by Deputy G.P. Southern of St.  Helier concerning efficiency savings and his department's maintenance budget.

The Minister for Education, Sport and Culture tabled an answer to a question asked by Deputy G.P.   Southern of St.  Helier regarding efficiency savings.

Oral Questions (see Official Report)

Deputy P.V.F. Le  Claire of St.  Helier asked a question of the Minister for Social Security regarding the criteria fo receiving rent subsidy and rent rebate under the new Income Support system.

Deputy G.P. Southern of St.  Helier asked a question of the Minister for Housing regarding proposals to introduce baby' j' category licences.

Deputy G.P. Southern of St.  Helier asked a question of the Minister for Economic Development regarding progress made at Jersey Airport to resolve cash flow issues and to achieve staff savings.

Deputy R.G. Le  Hérissier of St.  Saviour asked a question of the Chairman of the Privileges and Procedure Committee regarding measures to achieve greater voter turnout.

Deputy  R.G.  Le  Hérissier  of  St.  Saviour  asked  a  question  of  the  Minister  for  Home  Affairs  regarding departmental policies for developing staff to assume senior positions.

The Connétable of St.  Brelade asked a question of the Minister for Economic Development regarding the Port of St.  Helier stevedoring contract.

Deputy  P.V.F. Le  Claire of St.  Helier  asked a question of the Minister for  Housing regarding  the possibl introduction of a system of rent control following the introduction of Income Support.

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.

Urgent Oral Question by Deputy J.A.N. Le  Fondré of St.  Lawrence to the Minister for Planning and Environment

(see Official Report)

In  accordance  with  the  provisions  of  Standing  Order  15  relating  to  urgent  oral  questions,   Deputy  J.A.N. Le  Fondré of St.  Lawrence asked the following question of the Minister for Planning and Environment, which had been approved by the Deputy Bailiff

" F urther to the e-mail by the Assistant Minister yesterday referring to the protection of nesting birds under the Conservation of Wildlife (Jersey) Law 2000, would the Minister undertake to ensure that no work, particularly tree felling or scrub clearance, is carried out on the development site colloquially known as Goose Green Marsh' until the season for nesting birds has passed, namely until the end of July 2007."

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

The Chairman of the Privileges and Procedures Committee made a statement regarding the reform of the States. The Chief Minister made a statement regarding the development of the new Jersey Brand.

The Chairman of the Economic Affairs Scrutiny Panel made a statement regarding the use of Question time by Scrutiny.

Draft Employment (Minimum Wage) (Amendment No.  3) (Jersey) Regulations 200- P .46/2007

THE  STATES  commenced  consideration  of  the  draft  Employment  (Minimum  Wage)  (Amendment  No.  3) (Jersey) Regulations 200-, and adopted the principles.

Members present voted as follows

POUR: 31 CONTRE: 15

Senator F.H. Walker Senator L. Norman

Senator W. Kinnard Senator M.E. Vibert Senator T.A. Le  Sueur Senator J.L. Perchard Senator P.F. Routier Connétable of St. Peter Senator P.F.C. Ozouf Connétable of St. Lawrence Senator T.J. Le  Main Connétable of Grouville Senator B.E. Shenton Connétable of St. Brelade


ABSTAIN: 0

Senator F.E. Cohen

Connétable of St. Ouen Connétable of St. Mary Connétable of St. Clement Connétable of St. Helier Deputy R.C. Duhamel (S) Deputy A. Breckon (S)

Deputy of St.  Martin

Deputy G.C.L. Baudains (C) Deputy P.N. Troy (B)

Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy J.A. Martin (H)

Deputy G.P. Southern (H) 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. Pitman (H)

Deputy of St.  John


Connétable of St. Martin Connétable of St. John

Deputy J.J. Huet (H)

Deputy P.J.D. Ryan (H) Deputy J.A.N. Le Fondré (L) Deputy A.J.D. Maclean (H) 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 No.  3) (Jersey) Regulations 2007.

Draft Loi (200-) (Amendement No. 4) sur les teneures en fidéicommis et l'incorporation d'associations – P.50/2007

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Loi (200-) (Amendement No.  4) sur les teneures en fidéicommis et l'incorporation d'associations.

Jersey Financial Services Commission: re-appointment of Commissioners and Chairman – P.58/2007

THE STATES commenced consideration of a proposition of the Minister for Economic Development concerning the reappointment of the Commissioners and Chairman of the Jersey Financial Services Commission. The Deputy Bailiff , in accordance with the provisions of Standing Order 82, ordered all strangers to withdraw from the precincts of the States and the doors of the Chamber to be closed.

THE STATES, having concluded the debate in camera, proceeded to vote in public assembly and, in pursuance of Article 3 of the Financial Services Commission (Jersey) Law 1998,agreed

( a ) to re-appoint Mr.  Geoffrey Colin Powell, C.B.E., as a Commissioner of the Jersey Financial Services

Commission with effect from 1st June 2007 to 17th September 2009;

( b ) to re-appoint Dr.  Frederik Christiaan Musch and Mrs.  Jacqueline Anne Richomme as Commissioners o

the Jersey Financial Services Commission with effect from 1st June 2007 to 31st May 2010; and

( c ) to re-appoint Mr.  Geoffrey Colin Powell, CBE as Chairman of the Commission.

Members present voted as follows

POUR: 43

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 F.E. Cohen

Senator J.L. Perchard Connétable of St. Ouen Connétable of St. Mary Connétable of St. Peter Connétable of St. Clement Connétable of St. Helier 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 A. Breckon (S)

Deputy J.J. Huet (H)

Deputy of St.  Martin

Deputy G.C.L. Baudains (C) Deputy P.N. Troy (B)

Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy J.A. Martin (H)

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 A.J.D. Maclean (H) Deputy of St.  John

Deputy I.J. Gorst (C)

Deputy of St.  Mary


CONTRE: 1 Deputy S. Pitman (H)


ABSTAIN: 0

THE STATES noted that, in accordance with the provisions of Standing Order 106(1)(a), Senator Ben Edward Shenton declared an interest and withdrew from the Chamber for the duration of the debate.

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) –

5th June 2007

Draft Water Resources (Jersey) Law 200-. P.26/2007. Lodged: 19th February 2007.

Minister for Planning and Environment.

Student loans for higher education: introduction. P.52/2007. Lodged: 17th April 2007.

Minister for Education, Sport and Culture.

Student Loans for higher education: guarantees. P.53/2007. Lodged: 18th April 2007.

Minister for Treasury and Resources.

La  Pouquelaye Old School Site: purchase. P.55/2007. Lodged: 23rd April 2007.

Connétable of St. Helier.

La  Pouquelaye Old School Site: purchase (P.55/2007) comments. P.55/2007. Com. Presented: 14th May 2007.

Minister for Treasury and Resources.

Composition and Election of the States Assembly: election dates for Connétable s. P.54/2007. Lodged: 19th April 2007.

Comité des Connétable s.

Draft Criminal Justice (Miscellaneous Provisions) (No.  2) (Jersey) Law 200-. P.56/2007. Lodged: 24th April 2007.

Minister for Home Affairs.

Commissioners of Appeal for Income Tax: re-appointment. P.59/2007. Lodged: 8th May 2007.

Minister for Treasury and Resources.

19th June 2007

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

Minister for Housing.

Draft Sea Fisheries (Minimum Size Limits) (Amendment No.  4) (Jersey) P.57/2007. Regulations 200-.

Lodged: 1st May 2007.

Minister for Economic Development.

3rd July 2007

Draft High Hedges (Jersey) Law 200-. P.51/2007. Lodged: 13th April 2007.

Minister for Planning and Environment.

Draft States of Jersey (Amendment No.  3) Law 200-. P.60/2007. Lodged: 10th May 2007.

Privileges and Procedures Committee.

Public Elections: reduction in voting age to 16. P.63/2007. Lodged: 15th May 2007.

Deputy of Grouville .

Composition and Election of the States. P.64/2007. Lodged: 15th May 2007.

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

Former School premises, Clearview Street, St.  Helier: sale to Scott Gibaut Homes P.65/2007 Trust.

Lodged: 15th May 2007.

Minister for Treasury and Resources.

17th July 2007

JT Group Limited ("Jersey Telecom"): proposed sale. P.28/2007. Lodged: 20th February 2007.

Minister for Treasury and Resources.

School milk and milk at a reduced rate: continued provision. P.45/2007. Lodged: 27th March 2007.

Deputy G.P. Southern of St. Helier.

THE STATES rose at 12.46 p.m.

M.N. DE LA HAYE Greffier of the States