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States Minutes 9th October 2007

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THE STATES assembled on Tuesday 9th October 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 Frederick Ellyer Cohen – en défaut

C o nnétable Thomas John du Feu of St.  Peter en défaut (défaut raised at 9.35 a.m.) C o nnétable Peter Frederick Maurice Hanning of St.  Saviour – en défaut

D e puty Peter Nicholas Troy of St.  Brelade – en défaut (défaut raised at 9.50  a.m.)

D e puty Geoffrey Peter Southern of St.  Helier – en défaut (défaut raised at 9.38  a.m.)

Prayers read by the Deputy Greffier of the States

Subordinate enactments tabled

The following enactments were tabled, namely –

Health Care (Registration) (Prescribed Qualifications) (Amendment No.  4) R&O.121/2007. (Jersey) Order 2007.

Minister for Health and Social Services.

Hospital Charges (Long Stay Patients) (Jersey) Order 2007. R&O.122/2007. Minister for Health and Social Services.

Motor Vehicles (Driving Licences) (Amendment No.  7) (Jersey) Order 2007. R&O.123/2007 Minister for Transport and Technical Services.

Motor Vehicles (Construction and Use) (Amendment No.  9) (Jersey) Order 2007. R&O.124/2007 Minister for Transport and Technical Services.

Documents presented or laid

Draft Income Support (Jersey) Regulations 200- (P.90/2007): second amendments P.90/2007. Amd. (P.90/2007  Amd.(2)) comments. (2)Com. Presented: 9th October 2007.

Minister for Social Security.

Draft Income Support (Special Payments) (Jersey) Regulations 200- (P.91/2007): P.91/2007. amendments (P.91/2007  Amd.)comments. Amd.Com. Presented: 9th October 2007.

Minister for Social Security.

International Conventions and Agreements: progress report for period 1st October R.95/2007. 2005 to 31st March 2006.

Presented: 1st October 2007.

Chief Minister.

Drug Trafficking Confiscation Fund: Criminal Offences Confiscation Fund R.96/2007. report by the Comptroller and Auditor General of an investigation.

Presented: 1st October 2007.

Comptroller and Auditor General.

Public Sector Manpower Report: June 2007. R.97/2007. Presented: 3rd October 2007.

Minister for Treasury and Resources.

Review of Income Support. S.R.17/2007. Presented: 2nd October 2007.

Health, Social Security and Housing Scrutiny Panel.

The Rôle of the Centenier in the Magistrate's Court. S.R.18/2007. Presented: 28th September 2007.

Education and Home Affairs Scrutiny Panel.

Notification of lodged propositions

Draft Public Library (Jersey) Regulations 200-. P.146/2007. Lodged: 3rd October 2007.

Minister for Education, Sport and Culture.

Fields 848, 851 and 853, Bel Royal, St.  Lawrence: Committee of Inquiry – P.147/2007. appointment of member.

Lodged: 3rd October 2007.

Connétable of St. Lawrence.

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

Minister for Economic Development.

Draft Price and Charge Indicators (Jersey) Law 200-. P.149/2007. Lodged: 4th October 2007.

Minister for Economic Development.

Jersey Financial Services Commission: appointment of Commissioner. P.150/2007. Lodged: 8th October 2007.

Minister for Economic Development.

Draft Amendment (No. 7) of the Standing Orders of the States of Jersey. P.151/2007. Lodged: 9th October 2007.

Chairmen's Committee.

Draft States of Jersey (Implementation) (Jersey) Regulations 200- P.152/2007. Lodged: 9th October 2007.

Minister for Treasury and Resources.

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

Minister for Treasury and Resources.

Draft Employment Relations (Jersey) Law 2007 (Appointed Day) Act 200-. P.154/2007.

Lodged: 9th October 2007. Minister for Social Security.

Draft Employment Relations (Amendment No.  2) (Jersey) Law 2007 (Appointed Day) P.155/2007. Act 200-.

Lodged: 9th October 2007.

Minister for Social Security.

Draft Income Tax (Amendment No.  29) (Jersey) Law 200-. P.156/2007. Lodged: 9th October 2007.

Minister for Treasury and Resources.

Draft Income Tax (Deemed Dividends) (Jersey) Regulations 200-. P.157/2007. Lodged: 9th October 2007.

Minister for Treasury and Resources.

Written Questions (see Official Report)

The Minister for Social Security tabled an answer to a question asked by Deputy G.P.   Southern of St. Helie regarding the number of persons aged under 21 year old registered as unemployed.

The Minister for Economic Development tabled an answer to a question asked by Deputy G.P. Southern of St.  Helier regarding the numbers of young people on apprenticeship schemes.

The Minister for Economic Development tabled answers to questions asked by Deputy G.P.   Southern of St. Helie regarding non-locally qualified employees.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy G.P. Southern of St.  Helier regarding codes of practice for awarding States contracts.

The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St.  Helier regarding the Annual Business Plan 2008 – 2010 figures.

The Minister for Home Affairs tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the staffing of the Joint Financial Crimes Unit.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy G.C.L. Baudains of St.  Clement regarding the management structure at Health and Social Services.

H.M. Attorney General tabled answers to questions asked by the Deputy of St.  Martin regarding the Jonathan Cooper Opinion.

The Minister for Education, Sport and Culture tabled answers to questions asked by Deputy S.S.A.P.  Power of St.  Brelade regarding the operation of the Amphibious Ferry Service at West Park.

The Minister for Economic Development Deputy tabled an answer to a question asked by Deputy S.S.A.P. Power of St.  Brelade regarding an incident involving the charity ship Logos II.

The  Chairman  of  the  Public  Accounts  Committee  tabled  an  answer  to  a  question  asked  by   Deputy R.G.  Le  Hérissier of St.  Saviour regarding a review of staffing costs in specific States departments.

The  Minister  for  Transport  and  Technical  Services  tabled  an  answer  to  a  question  asked  by   Deputy R.G.  Le  Hérissier  of  St.  Saviour  regarding  action  taken  in  respect  of  the  legal  advice  contained  within  th Committee of Inquiry into Tender Process and Award of Bus Services Contract (R.C.58/2005).

The Minister for Economic Development tabled an answer to a question asked by Deputy R.G. Le  Hérissier of St.  Saviour regarding the lease of offices in Bath Street.

Oral Questions (see Official Report)

Deputy R.G. Le  Hérissier of St.  Saviour asked a question of the Minister for Treasury and Resources regarding land swap at the Watersplash between the States and a local company.

The Deputy of St.  Martin asked a question of the Minister for Home Affairs regarding the nature of the police investigations into certain operational practices within Jersey Customs.

Deputy R.G. Le Hérissier of St. Saviour asked a question of the Minister for Transport and Technical Service regarding the cost of renting "lay over" facilities for buses on the Albert Pier.

Deputy K.C. Lewis of St.  Saviour asked a question of the Minister for Treasury and Resources regarding G.S.T. on SKY or other satellite television subscriptions.

Deputy G.C.L. Baudains of St.  Clement asked a question of the Minister for Economic Development regardingj' category licences.

Deputy A. Breckon of St.  Saviour asked a question of the Chief Minister regarding the current position with the Jersey Milk Marketing Board and milk producers following the publication of the Economic Affairs Scrutiny Sub-Panel's review of the dairy industry.

Deputy S.S.A.P. Power of St. Brelade asked a question of the Minister for Housing regarding the impact of changes to j' category accommodation on the housing market.

The Deputy of St.  Martin asked a question of the Minister for Education, Sport and Culture regarding the funding for children aged three and four years to access free education.

Deputy G.C.L. Baudains of St.  Clement asked a question of the Minister for Health and Social Services regarding interim measures employed to ensure the Children's Service performed adequately.

Deputy K.C. Lewis of St.  Saviour asked a question of the Chief Minister regarding the impact of Guernsey's sewerage disposal system on Jersey.

Deputy S.S.P.A. Power of St. Brelade asked a question of the Minister for Transport and Technical Services regarding the construction of facilities for Connex drivers at the Albert Pier.

Deputy G.P. Southern of St Helier asked a question of the Minister for Economic Development regarding the benefit to Jersey of the introduction of unregulated investment products.

Deputy G.P. Southern of St Helier asked a question of the Minister for Economic Development regarding the June 2007 manpower statistics.

Oral Questions without notice (see Official Report)

The Minister for Housing 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  Committee's proposals on the future composition and election of the States.

The Chairman of the Corporate Services Scrutiny Panel made a statement regarding GST.

The President of the Chairmen's Committee made a statement regarding the release of information to the media.

The Chief Minister made a statement regarding the movement of engineering staff at the Harbours to a new workshop.

Employment (Jersey) Law 2003: therapeutic work schemes P.141/2007

THE STATES, adopting a proposition of Deputy Ian Joseph Gorst of St. Clement

( a ) requested the Minister for Social Security to use his powers under Article  19 and 20 of the Employment

(Jersey)  Law  2003  to  direct  the  Employment  Forum  to  consult  on  whether  the  operation  of  the Employment (Jersey) Law 2003 prejudiced Therapeutic Work Schemes, particularly in regard to the minimum  wage,  and  for  the  Forum  to  make  its  recommendations  within  3  months  following  the approval of this proposition; and

(b )  further  requested  the  Minister  for  Social  Security  to  bring  forward  for  approval  any  appropriate

amendments  to  the  Employment  Law  based  on  his  consideration  of  the  Employment  Forum's recommendations made under paragraph  (a).

Members present voted as follows

POUR: 44 CONTRE: 1 ABSTAIN: 1 Senator S. Syvret Deputy G.P. Southern (H) Deputy P.N. Troy (B)

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 B.E. Shenton

Senator J.L. Perchard

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 A. Breckon (S)

Deputy J.J. Huet (H)

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

Deputy I.J. Gorst (C)

Deputy of St.  Mary

Draft Income Support (Jersey) Regulations 200- P.90/2007

THE STATES commenced consideration of the proposition concerning the draft Income Support (Jersey) Regulations 200- and adopted the principles.

Members present voted as follows

POUR: 43 CONTRE: 4 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 T.J. Le  Main 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 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 J.J. Huet (H)


Senator B.E. Shenton Deputy A. Breckon (S) Deputy J.A. Martin (H) Deputy G.P. Southern (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 S.C. Ferguson (B) Deputy of St.  Ouen

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

Deputy of  St.  Peter

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 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

Change of Presidency

The States re-assembled after the lunch adjournment under the Presidency of Mr.  Michael Nelson de  la Haye Greffier of the States. The Bailiff returned to the Chamber during consideration of the principles of the draft Income Support (Jersey) Regulations 200- (P.90/2007) and the meeting continued under his Presidency.

Adjournment

THE STATES adjourned, having agreed to reconvene at 9.30  a.m. on Wednesday 10th October 2007, in order to continue consideration of the draft Income Support (Jersey) Regulations 200- and the remaining items of public business.

THE STATES rose at 5.28 p.m.

A.H. HARRIS Deputy Greffier of the States