States Minutes 3rd July 2007

THE STATES assembled on Tuesday 3rd July 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 enat  or Stuart Syvret – ill

C o nnétable Philip Francis Ozouf of St. Saviour – ill

C o nnétable Graeme Frank Butcher of St. John – en défaut

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

Prayers

Subordinate enactments tabled

The following enactments were tabled, namely –

Building Bye-laws (Jersey) 2007. R&O.80/2007. Minister for Planning and Environment.

Road Racing (Sprint) (Jersey) Order 2007. R&O.81/2007. Minister for Transport and Technical Services.

Gorey Fête (Jersey) Order 2007. R&O.82/2007. Minister for Transport and Technical Services.

Motor Traffic (Cabs – Fares and Charges) (Jersey) Order 2007. R&O.83/2007. Minister for Transport and Technical Services.

Documents presented or laid

States Financial Report and Accounts 2006. R.62/2007. Presented: 29th June 2007.

Minister for Treasury and Resources.

States Financial Report and Accounts 2006: Remuneration of States Employees. R.63/2007. Presented: 29th June 2007.

Chief Minister.

2006 Travel and Entertainment Expenses: Ministers and Assistant Ministers. R.64/2007. Presented: 29th June 2007.

Chief Minister.

Waste Recycling. S.R.13/2007. Presented: 3rd July 2007.

Environment Scrutiny Panel.

Electoral Registration: link to population register (P.68/2007): comment. P.68/2007. Com. Presented: 29th June 2007.

Privileges and Procedures Committee.

Registration of Political Parties (P.73/2007): amendment (P.73/2007 Amd.) – P.73/2007. comments. Amd.Com. Presented: 3rd July 2007.

Privileges and Procedures Committee.

Code of Practice for Scrutiny Panels and the Public Accounts Committee P.77/2007. Com. (P.77/2007): comments.

Presented: 3rd July 2007.

H.M. Attorney General.

Draft Amendment (No. 7) of the Standing Orders of the States of Jersey P.80/2007. Com. (P.80/2007): comments.

Presented: 29th June 2007.

Privileges and Procedures Committee.

Environment Scrutiny Panel: Vote of No Confidence (P.85/2007) – comments. P.85/2007. Com. Presented: 3rd July 2007.

Environment Scrutiny Panel.

Composition of the States: referendum (P.86/2007) – comments. P.86/2007. Com. Presented: 3rd July 2007.

Privileges and Procedures Committee.

Notification of lodged propositions

School Milk and Milk at a Reduced Rate: continued provision (P.45/2007) – P.45/2007. Amd. amendment.

Lodged: 3rd July 2007.

Council of Ministers.

Registration of Political Parties (P.73/2007): second amendments. P.73/2007. Amd. Lodged: 3rd July 2007. (2) Senator F.E. Cohen.

Registration of Political Parties (P.73/2007): third amendments. P.73/2007. Amd. Lodged: 3rd July 2007. (3) Privileges and Procedures Committee.

Composition of the States: revised structure and referendum (P.75/2007) – P.75/2007. Amd. second amendment. (2) Lodged: 3rd July 2007.

Deputy J.A.N. Le Fondré of St. Lawrence.

Composition of the States: revised structure and referendum (P.75/2007) – third P.75/2007. Amd. amendments. (3) Lodged: 3rd July 2007.

Deputy G.P. Southern of St. Helier.

Code of Practice for Scrutiny Panels and the Public Accounts Committee P.77/2007. Amd. (P.77/2007): second amendments. (2) Lodged: 3rd July 2007.

Council of Ministers.

Code of Practice for Scrutiny Panels and the Public Accounts Committee P.77/2007. Amd. (P.77/2007): third amendments. (3) Lodged: 3rd July 2007.

Chairmen's Committee.

Composition of the States: referendum. P.86/2007. Lodged: 22nd June 2007.

Senator J.L. Perchard.

Draft Road Traffic (No. 58) (Jersey) Regulations 200-. P.87/2007. Lodged: 25th June 2007.

Minister for Transport and Technical Services.

Jersey Financial Services Commission: appointment of Commissioner. P.88/2007. Lodged: 3rd July 2007.

Minister for Economic Development.

Written Questions (see Official Report)

The Minister for Education, Sport and Culture tabled an answer to a question asked by Senator B.E. Shenton regarding j' category employees.

The Minister for Planning and Environment tabled an answer to a question asked by Senator B.E. Shenton regarding the evolution of the Waterfront.

The Minister for Treasury and Resources tabled an answer to a question asked by the Connétable of Grouville regarding the processes in place to govern the sale of States' property.

The Minister for Housing tabled answers to questions asked by Deputy G.P. Southern of St. Helier regarding the Social Housing Property Plan.

The Minister for Social Security tabled answers to questions asked by Deputy G.P. Southern of St. Helier regarding the Codes of Practice attached to the Employment Relations (Jersey) Law 2007.

The 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 draft Freedom of Information Law.

The Minister for Economic Development tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the office of Financial Services Ombudsman.

The Minister for Planning and Environment tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding his planning powers.

The Minister  for  Home Affairs  tabled  an  answer  to  a  question  asked by   Deputy  R.G.  Le Hérissier  of St. Saviour regarding the enactment of the Unlawful Public Entertainment (Jersey) Regulations 2004.

The Minister for Planning and Environment tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the lowering of the road at the Waterfront.

The Chief Minister tabled answers to questions asked by Deputy G.P. Southern of St. Helier regarding migration and population figures.

The Minister for Housing tabled an answer to a question asked by Deputy S. Pitman of St. Helier regarding the Social Housing Property Plan.

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy S. Pitman of St. Helier regarding the revenue from Gas Place car park and the refurbishment of Minden Place car park.

The  Minister  for  Education,  Sport  and  Culture  tabled  an  answer  to  a  question  asked  by   Deputy G.C.L. Baudains of St. Clement regarding the student loan scheme.

The Minister for Treasury and Resources tabled answers to questions asked by Deputy G.P. Southern of

St. Helier regarding mortgage tax relief.

The Minister for Planning and Environment tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding wind-tests performed on the Castle Quay development.

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the development of a multi-storey car park on the Ann Court site.

Oral Questions (see Official Report)

The Connétable of St. Helier asked a question of the Minister for Transport and Technical Services regarding the transportation of incinerator ash.

Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding the Employment Relations (Jersey) Law 2007.

Deputy J.A. Martin of St. Helier asked a question of the Chief Minister regarding the growth in the working population.

Deputy J.A. Martin of St. Helier asked a question of the Minister for Housing regarding the number of applicants on the housing waiting list.

The Connétable of St. Helier asked a question of the Minister for Economic Development regarding the purchase of C.I. Traders by a private equity company.

Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding the International Labour Organisation's view of the Employment Relations (Jersey) Law 2007.

The Deputy of St. Martin asked a question of H.M. Attorney General regarding the Human Rights compliancy of the various Laws relating to the running of the Magistrate's Court.

Shenton B.E. Shenton asked a question of the Minister for Transport and Technical Services regarding control over the provision of parking on the Waterfront.

The Deputy of St. Martin asked a question of the Chairman of the Education and Home Affairs Scrutiny Panel regarding a private meeting with the Attorney General.

The Connétable of Grouville asked a question of the Minister for Treasury and Resources regarding the valuation of the former Jersey College for Girls site.

Deputy S. Pitman of St. Helier asked a question of the Chief Minister regarding theJersey brand' logo.

Deputy S. Pitman of St. Helier asked a question of the Minister for Housing regarding the criteria used to determine which properties should be sold under the Social Housing Property Plan.

Deputy R.G. Le Hérissier of St. Saviour asked a question of the Minister for Transport and Technical Services regarding the modification of the route structure of scheduled bus services.

Deputy K.C. Lewis of St. Saviour asked a question of the Minister for Treasury and Resources regarding the potential purchase of the South Hill Battery.

Deputy R.G. Le Hérissier of St. Saviour asked a question of the Minister for Education, Sport and Cultur regarding the fundamental review of the Department's spending.

Deputy K.C. Lewis of St. Saviour asked a question of the Minister for Education, Sport and Culture regarding the possible re-commissioning of the swimming pool at Fort Regent for the 2015 Island Games.

Oral Questions without notice (see Official Report)

The Minister for Planning and Environment answered questions without notice from members. The Minister for Education, Sport and Culture answered questions without notice from members.

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

The Chairman of the Economic Affairs Scrutiny Panel made a statement regarding the Draft Price and Charge Indicators (Jersey) Law 200-.

The Chairman of the Economic Affairs Scrutiny Panel made a statement regarding the establishment of a Sub- Panel to investigate money laundering.

The Chairman of the Comité des Connétable s made a statement regarding the Island-wide rates figure. Environment Scrutiny Panel: Vote of No Confidence – P.85/2007

THE STATES rejected a proposition of Deputy Gerald Clifford Lemmens Baudains of St. Clementthat they had no confidence in the Environment Scrutiny Panel.

Members present voted as follows –

POUR: 20 CONTRE: 27 ABSTAIN: 2

Senator L. Norman Senator W. Kinnard Senator M.E. Vibert Senator F.H. Walker Senator P.F. Routier Senator T.J. Le Main Senator T.A. Le Sueur Senator B.E. Shenton

Senator P.F.C. Ozouf Senator F.E. Cohen

Connétable of St. Clement Senator J.L. Perchard

Connétable of Trinity Connétable of St. Ouen

Connétable of St. Brelade Connétable of St. Mary

Deputy A. Breckon (S) Connétable of St. Peter

Deputy J.J. Huet (H) Connétable of St. Helier

Deputy G.C.L. Baudains (C) Connétable of St. Lawrence

Deputy R.G. Le Hérissier (S)   Connétable of Grouville

Deputy G.P. Southern (H) Connétable of St. Martin

Deputy S.C. Ferguson (B) Deputy R.C. Duhamel (S)

Deputy of St. Ouen Deputy of St. Martin

Deputy of St. Peter Deputy P.N. Troy (B)

Deputy J.A. Hilton (H) Deputy C.J. Scott Warr en (S)

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

Deputy D.W. Mezbourian

(L) Deputy J.A. Martin (H) Deputy I.J. Gorst (C) Deputy P.J.D. Ryan (H)

Deputy of St. Mary Deputy of Grouville

Deputy P.V.F. Le Claire (H)

Deputy J.A.N. Le Fondré (L)

Deputy of Trinity

Deputy S. Pitman (H)

Deputy A.J.D. Maclean (H)

Deputy K.C. Lewis (S)

Deputy of St. John

Change of Presidency

The Bailiff briefly retired from the Chamber during consideration of the proposition of Deputy Gerald Clifford Lemmens Baudains of St. Clement Environment Scrutiny Panel: Vote of No Confidence' (P.85/2007) and the meeting continued under the presidency of Mr. Michael Nelson de la Haye Greffier of the States until the Bailiff 's return.

Draft Main Roads (Classification) (Amendment No. 28) (Jersey) Act 200- P.82/2007

THE STATES noted that Deputy Guy William John de Faye of St. Helier, Minister for Transport and Technical Services, in accordance with the provisions of Standing Order 87(2)(b) had informed the Greffier of the States that the following matter, listed for debate at the present meeting, should be deferred until 11th September 2007 –

Draft Main Roads (Classification) (Amendment No. 28) (Jersey) Act 200-. P.82/2007. Lodged: 14th June 2007.

Minister for Transport and Technical Services.

Former School premises, Clearview Street, St. Helier: sale to Scott Gibaut Homes Trust – P.65/2007 THE STATES, adopting a proposition of the Minister for Treasury and Resources –

( a ) approved the sale of the freehold interest in the former School at Clearview Street, St. Helier as

shown on Drawing No. 1206/07/104 from the public of the Island to the Scott Gibaut Homes Trust for a nominal sum of £10 for the purpose of developing the site to provide an Independent Assisted Living Housing Scheme'; and

( b ) authorised the Attorney General and the Greffier of the States to pass as appropriate on behalf of the

public such contract as may be necessary in connection with the said property and any interest therein.

THE STATES rose at 5.32 p.m.

M.N. DE LA HAYE Greffier of the States