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States Minutes 22nd November 2007

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THE STATES assembled on Thursday 22nd November 2007, at 09.30 a.m. under the Presidency of the Bailiff ,

Sir Philip Bailhache .

All members were present at roll call with the exception of –

S enat or Philip Francis Cyril Ozouf – en défaut (défaut raised at 10.41 a.m.)

C o nnétable Thomas John du Feu of St. Peter – excused

D e puty Jacqueline Jeannette Huet of St. Helier – ill

D e puty Alan John Henry Maclean of St. Helier – en défaut (défaut raised at 10.22 a.m.)

Prayers read by the Greffier of the States

Goods and Services Tax: Zero-Rating for Foodstuffs, Books, Newspapers and Magazines P.169/2007

THE STATES, having resumed consideration of a proposition of Senator Ben Edward Shenton concerning the zero-rating of foodstuffs, books, newspapers and magazines, and having referred to their Act dated 13th May 2005 in which they approved the introduction in 2008 of a broad-based Goods and Services Tax (GST) at a rate of 3% fixed for 3 years, and to their Act dated 18th April 2007 in which they approved the Draft Goods and Services Tax (Jersey) Law 200-, rejected part (a)(i) of the proposition to vary those decisions as appropriate in order to zero-rate foodstuffs in line with United Kingdom Value Added Tax arrangements as set out in Appendix 1.

Members present voted as follows –

POUR: 21 CONTRE: 28 ABSTAIN: 0

Senator B.E. Shenton Connétable of St. Mary Connétable of St. Clement Connétable of St. Helier Connétable of Grouville Connétable of St. John Connétable of St. Saviour 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 P.J.D. Ryan (H) Deputy of Grouville

Deputy of St. Peter

Deputy J.A. Hilton (H)

Deputy P.V.F. Le Claire (H) Deputy D.W. Mezbourian

(L)

Deputy S. Pitman (H)

Deputy K.C. Lewis (S)


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 Trinity Connétable of St. Lawrence Connétable of St. Brelade Connétable of St. Martin Deputy R.C. Duhamel (S) Deputy P.N. Troy (B) Deputy J.B. Fox (H)

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

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

Deputy S.S.P.A. Power (B) Deputy A.J.D. Maclean (H) Deputy of St. John

Deputy I.J. Gorst (C)

Deputy of St. Mary

THE  STATES  rejected  part (a)(ii)  of  the proposition  of  Senator  Ben  Edward  Shenton  to  vary  those aforementioned decisions as appropriate in order to zero-rate books, newspapers, and magazines in line with United Kingdom Value Added Tax arrangements as set out in Appendix 2.

Members present voted as follows –

POUR: 16 CONTRE: 33 ABSTAIN: 0

Senator B.E. Shenton Connétable of St. Mary Connétable of St. Clement Connétable of St. Helier Connétable of St. John

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 P.J.D. Ryan (H) Deputy of Grouville

Deputy P.V.F. Le Claire (H) Deputy D.W. Mezbourian

(L)

Deputy S. Pitman (H)

Deputy K.C. Lewis (S)


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 Trinity Connétable of St. Lawrence

Connétable of Grouville Connétable of St. Brelade Connétable of St. Martin Connétable of St. Saviour Deputy R.C. Duhamel (S) Deputy of St. Martin

Deputy P.N. Troy (B)

Deputy J.B. Fox (H)

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

Deputy of St. Peter

Deputy J.A. Hilton (H)

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

Deputy S.S.P.A. Power (B) Deputy A.J.D. Maclean (H) Deputy of St. John

Deputy I.J. Gorst (C)

Deputy of St. Mary

Senator Ben Edward Shenton, in accordance with the provisions of Standing Order 106(b), declared an interest not being of a direct financial nature, but remained in the Chamber for the duration of the debate.

Draft Crime (Transnational Organized Crime) (Jersey) Law 200- P.132/2007

THE STATES commenced consideration of the Draft Crime (Transnational Organized Crime) (Jersey) Law 200- and adopted the principles.

Members present voted as follows –

POUR: 30 CONTRE: 0 ABSTAIN: 0 Senator F.H. Walker

Senator W. Kinnard

Senator P.F. Routier

Senator P.F.C. Ozouf

Senator T.J. Le Main Connétable of St. Ouen Connétable of St. Mary Connétable of St. Clement Connétable of St. Helier Connétable of Grouville Connétable of St. Brelade Connétable of St. Martin Connétable of St. John Connétable of St. Saviour Deputy R.C. Duhamel (S) Deputy of St. Martin

Deputy G.C.L. Baudains (C) Deputy R.G. Le Hérissier (S) Deputy J.A. Martin (H)

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

Deputy P.J.D. Ryan (H) Deputy J.A. Hilton (H)

Deputy G.W.J. de Faye (H) Deputy D.W. Mezbourian

(L)

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

Deputy I.J. Gorst (C)

Deputy of St. Mary

THE STATES commenced consideration of Articles 1 to 13 and adopting the following amendments of the Minister for Home Affairs, agreed that in Article 3, for paragraph (3) there should be substituted the following paragraphs –

"(3) A person commits an offence if he or she –

  1. ena bles a person who is not a national or a permanent resident of a State to remain in the State by the means described in Article 6 or any other illegal means;
  2. doe s so for the purpose of obtaining, directly or indirectly, a material benefit for himself or herself or any other person; and
  3. know s that the person referred to in sub-paragraph (a) is not a national or a permanent resident of the State or is reckless as to the person's status.

(4) A person who commits an offence against paragraph (1), (2) or (3) shall be liable to imprisonment for a term of 20 years and to a fine."

and that for Article 4 there should be substituted the following Article –

"4 T rafficking in persons

  1. A person commits an offence if, for the purposes of the physical exploitation of another person, he or she –
  1. r ecruits or arranges for the other person to enter a State, or travel within a State; or
  2. ar ranges, organizes or procures the reception, concealment or harbouring, in a State of the other person.
  1. W here the person physically exploited or intended to be physically exploited is aged 18 years or more, a person only commits an offence against paragraph (1) if th

recruitment, arrangement, organization or procurement is by means of any of the following –

  1. t he threat or use of force or other forms of coercion;
  2. abdu ction;
  3. f raud or deception;
  4. t he abuse of power or of a position of vulnerability;
  5. t he giving or receiving of payments or benefits to achieve the consent of a person having control over another person.
  1. A person who commits an offence against paragraph (1) shall be liable to imprisonment for a term of 20 years and to a fine.
  2. A n offence against paragraph (1) may be committed even if the person physically exploited or intended to be physically exploited –
  1. di d not in fact enter, or travel within, the State; or
  2. w as not in fact received, concealed, or harboured, in the State.
  1. A n offence against paragraph (1) may be committed in respect of a person aged 18 years or more even if steps in the process by which the person entered, or was to enter, the State, or travelled, or was to travel, within the State, did not involve means described in paragraph (2).
  2. I n this Article, any reference to the physical exploitation of a person means any of the following –
  1. t he use of the person for sexual purposes;
  2. t he removal of a body part from the person, unless for the benefit (other than the financial, monetary, or equivalent, benefit) of the person;
  3. t he use of the person in forced labour or services, slavery or practice similar to slavery, or servitude.
  1. P aragraph (6)(a) includes, but is not limited to including, any of the following –
  1. t he taking, or transmission, by any means, of an image of the person engaged in real or simulated sexual activities;
  2. t he taking, or transmission, by any means, of images of the person's genitalia, anus, or breasts, for the purpose of obtaining, directly or indirectly, a material benefit for the person or any other person;
  3. t he person's participation, for the purpose of obtaining, directly or indirectly, a material benefit for the person or any other person, in a performance or display, or other employment, that involves the exposure of the person's genitalia, anus or breasts.
  1. P aragraph (6)(a) does not include –
  1. t he taking, in good faith, for purposes primarily other than the exposure of body parts of the person for the sexual gratification of a viewer, of an image of the person as part of an artistic or cultural performance or display;
  2. t he taking or transmission of an image of the person for the purpose of –
  1. depi cting, for the instruction or information of health professionals, a medical condition or a surgical or medical technique,
  2. pr oviding medical or health education,
  3. pr oviding information relating to medical or health matters, or
  4. ad vertising a product, instrument, or service, intended to be used for medical or health purposes.
  1. T he other person in respect of whom an offence against this Article is committed, or is suspected of being committed, shall not be charged as a party to the offence."

In Article 5, paragraph (1), after sub-paragraph (a) there should be inserted the following sub-paragraph and paragraph (4) should be deleted –

"( b ) whether the life or safety of any person in respect of whom the offence was committed was

endangered or likely to be endangered;"

In Article 4, paragraph (4), for the definition"travel document" there should be substituted the following definition –

" tr avel document' includes an identification document."

In Article 8, paragraphs (8) and (9) should be deleted and the following Article inserted (and the provisions of the Law and any internal cross-references should be renumbered consequently upon the amendments) –

"9 G eneral provisions as to offences

  1. A person who –
  1. a ids, abets, counsels or procures the commission of an offence under any provision of this Law (a "principal offence"); or
  2. cons pires, attempts or incites another to commit a principal offence,

shall also be guilty of the offence and liable in the same manner as a principal offender to the penalty provided for the principal offence.

  1. A person alleged to have committed an offence by virtue of paragraph (1) shall be triable in the same manner as a person would be tried for the principal offence.
  2. W here an offence against any provision of this Law committed by a limited liability partnership or body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of –
  1. a person who is a partner of the partnership, or director, manager, secretary or other similar officer of the body corporate; or
  2. any p erson purporting to act in any such capacity,

the person shall also be guilty of the offence and liable in the same manner as the partnership or body corporate to the penalty provided for that offence.

  1. W here the affairs of a body corporate are managed by its members, paragraph (3) shall apply in relation to acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
  2. Article 8 shall apply to proceedings for an offence that is an offence by virtue of paragraph (1) or (3) as it would apply to proceedings for the principal offence."

THE STATES, having adopted Articles 1 to 13 as amended, and subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Crime (Transnational Organized Crime) (Jersey) Law 200-.

Members present voted as follows –

POUR: 29 CONTRE: 0 ABSTAIN: 0

Senator F.H. Walker Senator W. Kinnard Senator P.F.C. Ozouf Senator T.J. Le Main Senator J.L. Perchard Connétable of St. Ouen Connétable of St. Mary Connétable of St. Clement Connétable of St. Helier Connétable of Grouville Connétable of St. Brelade Connétable of St. Martin Connétable of St. John Connétable of St. Saviour Deputy R.C. Duhamel (S) Deputy of St. Martin

Deputy G.C.L. Baudains (C) 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 J.A. Hilton (H)

Deputy G.W.J. de Faye (H) Deputy D.W. Mezbourian

(L)

Deputy S.S.P.A. Power (B) Deputy K.C. Lewis (S)

Deputy I.J. Gorst (C)

Deputy of St. Mary

Draft Proceeds of Crime (Cash Seizure) (Jersey) Law 200- P. 133/2007

THE STATES commenced consideration of the Draft Proceeds of Crime (Cash Seizure) (Jersey) Law 200-, and adopted the principles.

Members present voted as follows –

POUR: 33 CONTRE: 2 ABSTAIN: 0

Senator L. Norman

Senator W. Kinnard

Senator P.F.C. Ozouf

Senator T.J. Le Main

Senator B.E. Shenton

Senator J.L. Perchard Connétable of St. Mary 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 Connétable of St. Saviour Deputy of St. Martin

Deputy P.N. Troy (B)

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

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

Deputy of Grouville

Deputy of St. Peter

Deputy J.A. Hilton (H)

Deputy G.W.J. de Faye (H) Deputy D.W. Mezbourian

(L)

Deputy of Trinity

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

Deputy A.J.D. Maclean (H)


Deputy R.C. Duhamel (S) Deputy G.C.L. Baudains (C)

Deputy K.C. Lewis (S) Deputy I.J. Gorst (C) Deputy of St. Mary

THE STATES, having adopted Articles 1 to 21, and subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Proceeds of Crime (Cash Seizure) (Jersey) Law 200-.

Draft Civil Asset Recovery (International Co-operation) (Jersey) Law 200- P.135/2007

THE STATES commenced consideration of the Draft Civil Asset Recovery (International Co-operation) (Jersey) Law 200- and adopted the principles.

Members present voted as follows –

POUR: 32 CONTRE: 2 ABSTAIN: 0

Senator F.H. Walker

Senator W. Kinnard

Senator P.F. Routier

Senator P.F.C. Ozouf

Senator T.J. Le Main Connétable of St. Ouen Connétable of St. Mary 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. Saviour Deputy of St. Martin

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

Deputy of Grouville

Deputy J.A. Hilton (H)

Deputy G.W.J. de Faye (H) Deputy D.W. Mezbourian

(L)

Deputy of Trinity

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

Deputy I.J. Gorst (C)

Deputy of St. Mary


Deputy R.C. Duhamel (S) Deputy G.C.L. Baudains (C)

THE STATES, having adopted Articles 1 to 18, and subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Civil Asset Recovery (International Co-operation) (Jersey) Law 200-.

Draft Marriage and Civil Status (Amendment) (Jersey) Law 200- P.120/2007

THE STATES commenced consideration of the Draft Marriage and Civil Status (Amendment) (Jersey) Law 200-, and adopted the principles.

Members present voted as follows –

POUR: 36 CONTRE: 4 ABSTAIN: 1 Senator F.H. Walker Deputy P.N. Troy (B) Deputy of St. Mary

Senator W. Kinnard Deputy of Grouville

Senator T.A. Le Sueur Deputy of Trinity

Senator P.F. Routier Deputy I.J. Gorst (C)

Senator M.E. Vibert

Senator P.F.C. Ozouf

Senator T.J. Le Main

Senator J.L. Perchard

Connétable of St. Ouen

Connétable of St. Mary

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

Connétable of St. Saviour

Deputy R.C. Duhamel (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.B. Fox (H)

Deputy J.A. Martin (H)

Deputy G.P. Southern (H)

Deputy S.C. Ferguson (B)

Deputy P.J.D. Ryan (H)

Deputy of St. Peter

Deputy J.A. Hilton (H)

Deputy G.W.J. de Faye (H)

Deputy J.A.N. Le Fondré (L)

Deputy D.W. Mezbourian

(L)

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

Deputy S. Pitman (H)

Deputy A.J.D. Maclean (H)

THE STATES, having adopted Articles 1 to 6 and, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Marriage and Civil Status (Amendment) (Jersey) Law 200-.

Draft Loi (1939) sur les honoraires des Avocats et des Écrivains (Repeal) (Jersey) Law 200- P.126/2007

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Loi (1939) sur les honoraires des Avocats et des Écrivains (Repeal) (Jersey) Law 200-.

Draft  Electricity  Link  with  France  (Protection  of  Submarine  Cable)  (Jersey)  Regulations  200- P.142/2007

THE STATES, in pursuance of the Order in Council of the 14th April 1884, made Regulations entitled the Electricity Link with France (Protection of Submarine Cable) (Jersey) Regulations 2007.

Draft Community Provisions) (Ship and Port Facility – Security) (Amendment) (Jersey Regulations 200- P.144/2007

THE STATES, in pursuance of Article 2 of the European Communities Legislation (Implementation) (Jersey) Law 1996 and Article 49(1)(e) of the Shipping (Jersey) Law 2002 and having regard to Regulation (EC) No. 725 of the European Parliament and Council of 31st March 2004 on enhancing ship and port security, made Regulations entitled the Community Provisions) (Ship and Port Facility – Security) (Amendment) (Jersey) Regulations 2007.

Health Insurance Exemption Cards: free bus travel and Active cards – P.145/2007

THE STATES commenced consideration of a proposition of the Health, Social Security and Housing Scrutiny Panel concerning the continued provision of free bus travel and Active cards to holders of Health Insurance Exemption cards and rejected a proposition of the Connétable of Grouville that the Assembly should move to the consideration of the next item on the Order Paper.

Members present voted as follows –

POUR: 11 CONTRE: 29 ABSTAIN: 0

Senator L. Norman

Senator T.A. Le Sueur Senator P.F.C. Ozouf Senator F.E. Cohen

Senator J.L. Perchard Connétable of St. Mary Connétable of St. Lawrence Connétable of Grouville Connétable of St. Brelade Connétable of St. John

Deputy P.N. Troy (B)


Senator P.F. Routier

Senator M.E. Vibert

Senator B.E. Shenton Connétable of St. Ouen Connétable of St. Clement Connétable of St. Martin Connétable of St. Saviour Deputy R.C. Duhamel (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.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 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 S. Pitman (H)

Deputy I.J. Gorst (C)

Deputy of St. Mary

THE STATES, adopting a proposition of the Health, Social Security and Housing Scrutiny Panel –

( a ) agreed that new arrangements should be put in place following the introduction of the new income

support scheme to enable those persons who were currently holders of Health Insurance Exemption cards to continue to be able to access –

(i ) f ree bus travel; and

(i i) f r ee Active cards and free access to the fitness referral scheme;

( b ) requested the Minister for Transport and Technical Services (in respect of (a)(i)) and the Minister for

Education, Sport and Culture (in respect of (a)(ii)), in conjunction with the Ministers for Social Security and Health and Social Services, to bring forward proposals to ensure that appropriate arrangements were put in place to enable this provision of services at no cost to continue.

Members present voted as follows –

POUR: 41 CONTRE: 0 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 J.L. Perchard Connétable of St. Ouen Connétable of St. Mary Connétable of St. Clement Connétable of St. Lawrence Connétable of Grouville Connétable of St. Brelade Connétable of St. Martin Connétable of St. John Connétable of St. Saviour Deputy R.C. Duhamel (S) 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 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 S. Pitman (H)

Deputy K.C. Lewis (S)

Deputy I.J. Gorst (C)

Deputy of St. Mary

Draft Public Library (Jersey) Regulations 200- P.146/2007

THE STATES, in pursuance of the Loi (1836) sur la bibliothèque publique, made Regulations entitled the Public Library (Jersey) Regulations 2007.

Arrangement of public business for the present meeting

THE STATES noted that the Minister for Economic Development had informed the Greffier, in accordance with Standing Order 30(2), that the Draft Places of Refreshment (Jersey) Regulations 200- (lodged "au Greffe" on 4th October 2007) would be deferred from the present meeting to 4th December 2007.

Draft Amendment (No. 7) of the Standing Orders of the States of Jersey P.151/2007

THE STATES  commenced  consideration  of a proposition  of the Chairmen's Committee concerning an amendment to the Standing Orders of the States of Jersey and rejected a proposition of Deputy Paul Vincent Francis Le Claire of St. Helier that the Assembly should move to the consideration of the next item on the Order Paper.

Members present voted as follows –

POUR: 15 CONTRE: 25 ABSTAIN: 0

Connétable of St. Mary Connétable of St. Helier Connétable of St. Lawrence Connétable of Grouville Connétable of St. Martin Connétable of St. John Deputy R.C. Duhamel (S) Deputy of St. Martin Deputy G.C.L. Baudains (C) Deputy J.B. Fox (H)

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

Deputy P.V.F. Le Claire (H) Deputy J.A.N. Le Fondré (L) Deputy I.J. Gorst (C)


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 J.L. Perchard Connétable of St. Ouen Connétable of St. Clement Connétable of St. Brelade Connétable of St. Saviour Deputy P.N. Troy (B) Deputy R.G. Le Hérissier (S)

Deputy G.P. Southern (H) Deputy S.C. Ferguson (B) Deputy of St. Ouen Deputy of Grouville Deputy J.A. Hilton (H) Deputy G.W.J. de Faye (H) 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 of St. Mary

THE STATES rejected the proposition of the Chairmen's Committee to amend Standing Orders. Members present voted as follows –

POUR: 15 CONTRE: 25 ABSTAIN: 2

Senator F.H. Walker Senator L. Norman Senator P.F. Routier Senator W. Kinnard Senator T.A. Le Sueur Senator M.E. Vibert Connétable of St. Clement Senator P.F.C. Ozouf

Connétable of St. Brelade Connétable of St. Saviour Deputy G.C.L. Baudains (C) Deputy C.J. Scott Warr en (S) Deputy R.G. Le Hérissier (S) Deputy G.P. Southern (H) Deputy S.C. Ferguson (B) Deputy of St. Ouen

Deputy G.W.J. de Faye (H) Deputy D.W. Mezbourian

(L)

Deputy S. Pitman (H)

Deputy of St. Mary


Senator J.L. Perchard Connétable of St. Ouen Connétable of St. Mary Connétable of St. Helier Connétable of St. Lawrence Connétable of Grouville Connétable of St. Martin Connétable of St. John Deputy R.C. Duhamel (S)

Deputy of St. Martin

Deputy P.N. Troy (B)

Deputy J.B. Fox (H)

Deputy P.J.D. Ryan (H) Deputy of Grouville

Deputy of St. Peter

Deputy J.A. Hilton (H)

Deputy P.V.F. Le Claire (H) Deputy J.A.N. Le Fondré (L) Deputy of Trinity

Deputy S.S.P.A. Power (B) Deputy K.C. Lewis (S)

Deputy I.J. Gorst (C)

Draft States of Jersey (Implementation) (Jersey) Regulations 200- P.152/2007

THE STATES, in pursuance of Article 50(1)(b) of the States of Jersey Law 2005, made Regulations entitled the States of Jersey (Implementation) (Jersey) Regulations 2007.

Change of Presidency

The Bailiff briefly retired from the Chamber during consideration of the proposition concerning Goods and Services Tax: Zero-Rating for Foodstuffs, Books, Newspapers and Magazines (P.169/2007) and the meeting continued under the Presidency of Mr. Michael Nelson de la Haye, Greffier of the States until his return.

THE STATES re-assembled after the lunch adjournment under the Presidency of Mr. Michael Nelson de l Haye, Greffier of the States. The Bailiff returned to the Chamber during consideration of the proposition of the Minister for Home Affairs concerning the Draft Proceeds of Crime (Cash Seizure) (Jersey) Law 200- (P.133/2007) and the meeting continued under his Presidency.

Notification of lodged propositions

Draft Employment (Minimum Wage) (Amendment No. 4) (Jersey) Regulations P.179/2007. 200-.

Lodged: 22nd November 2007.

Minister for Social Security.

Arrangement of public business for future meetings

THE STATES approved the request of the Minister for Treasury and Resources, in accordance with Standing Order 26(7), to reduce the minimum lodging period in respect of the propositions concerning the Draft Community Provisions (Wire Transfers) (Amendment) (Jersey) Regulations 200- (P.172/2007) and Flu Pandemic Funding (P.176/2007), which were matters of such urgency and importance that it would be prejudicial to Jersey to delay their debate.

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) –

4th December 2007

Budget 2008. P.164/2007. Lodged: 23rd October 2007.

Minister for Treasury and Resources.

Budget 2008 (P.164/2007): amendment. P.164/2007. Lodged: 6th November 2007. Amd. Deputy A. Breckon of St. Saviour.

Budget 2008 (P.164/2007): second amendment. P.164/2007. Lodged: 13th November 2007. Amd.(2) Deputy A. Breckon of St. Saviour.

Budget 2008 (P.164/2007): third amendment. P.164/2007. Lodged: 20th November 2007. Amd.(3) Deputy of St. Ouen.

Draft Finance (Jersey) Law 200-. P.165/2007. Lodged: 23rd October 2007.

Minister for Treasury and Resources.

Draft Income Tax (Amendment No. 30) (Jersey) Law 200-. P.166/2007. Lodged: 23rd October 2007.

Minister for Treasury and Resources.

Draft Public Finances (Amendment No. 2) (Jersey) Law 200-. P.167/2007. Lodged: 23rd October 2007.

Minister for Treasury and Resources.

Draft Places of Refreshment (Jersey) Regulations 200-. P.148/2007. Lodged: 4th October 2007.

Minister for Economic Development.

Draft Harbours (Administration) (Amendment No. 7) (Jersey) Law 200-. P.160/2007. Lodged: 16th October 2007.

Minister for Economic Development.

Draft Amendment (No. 8) of the Standing Orders of the States of Jersey. P.162/2007. Lodged: 23rd October 2007.

Senator M.E. Vibert .

Draft Amendment (No. 32) to the Tariff of Harbour and Light Dues. P.163/2007. Lodged: 23rd October 2007.

Minister for Economic Development.

Draft Community Provisions (Wire Transfers) (Amendment) (Jersey) P.172/2007. Regulations 200-.

Lodged: 15th November 2007.

Minister for Treasury and Resources.

Flu pandemic funding. P.176/2007. Lodged: 20th November 2007.

Minister for Treasury and Resources.

Inquiry by Mr. Andrew Williamson: removal of administrative involvement of P.177/2007. the Chief Minister's Department.

Lodged: 20th November 2007.

Senator S. Syvret.

15th January 2008

Island Plan 2002: H4 Site No. 15, Samarès Nursery, St. Clement and future P.95/2007. amendments to the Island Plan.

Lodged: 20th July 2007.

Deputy I.J. Gorst of St. Clement.

Island Plan 2002: H4 Site No. 15, Samarès Nursery, St. Clement and future P.95/2007. amendments to the Island Plan (P.95/2007): comments. Com. Presented: 23rd October 2007.

Minister for Planning and Environment.

JT Group Limited ("Jersey Telecom"): proposed sale. P.153/2007 Lodged: 9th October 2007.

Minister for Treasury and Resources.

JT Group Limited ("Jersey Telecom"): proposed sale (P.153/2007) – amendment. P.153/2007. Lodged: 26th October 2007. Amd. Senator B.E. Shenton.

Draft Gambling (Remote Gambling Disaster Recovery) (Jersey) Regulations 200- P.170/2007. .

Lodged: 31st October 2007.

Minister for Economic Development.

Goods and Services Tax: de minimis waiver. P.171/2007. Lodged: 14th November 2007.

Minister for Treasury and Resources.

Draft States of Jersey (Amendment No. 4) (Amendment) (Jersey) Law 200-. P.173/2007. Lodged: 19th November 2007.

Chief Minister.

Draft Companies (Amendment No. 2) (Jersey) Regulations 200-. P.175/2007. Lodged: 19th November 2007.

Minister for Economic Development.

Draft Companies (Amendment No. 9) (Jersey) Law 200-. P.174/2007. Lodged: 19th November 2007.

Minister for Economic Development.

29th January 2008

Draft Health and Safety at Work (Asbestos – Licensing) (Jersey) Regulations P.168/2007. 200-.

Lodged: 25th October 2007.

Minister for Social Security.

Draft Employment (Amendment No. 4) (Jersey) Law 200-. P.178/2007. Lodged: 21st November 2007.

Minister for Social Security.

Draft Employment (Minimum Wage) (Amendment No. 4) (Jersey) Regulations P.179/2007. 200-.

Lodged: 22nd November 2007.

Minister for Social Security. 12th February 2008

Draft Proceeds of Crime (Substitution of Schedule 2) (Jersey) Regulations 200-. P.127/2007. Lodged: 24th September 2007.

Minister for Treasury and Resources.

THE STATES rose at 5.43 p.m.

M.N. DE LA HAYE Greffier of the States