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States Minutes 10th July 2008

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THE STATES assembled on Thursday 10th July 2008, 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 enator  Stuart Syvret – en défaut (défaut raised at 12.03  p.m.)

S enator  Philip Francis Cyril Ozouf excused (arrived in the Chamber at 11.15  a.m.)

C onnétable  Geoffrey William Fisher of St.  Lawrence – en défaut

C onnétable  Graeme Frank Butcher of St.  John – en défaut

Deputy  John Benjamin Fox of St.  Helier – excused (arrived in the Chamber at 4.34  p.m.) Deputy  John Alexander Nicholas Le Fondré of St. Lawrence– en défaut

Prayers

Jersey Homebuy Housing: amendment to Island Plan Policy H1 P.74/2008

THE  STATES  commenced  consideration  of  a  proposition  of  the  Minister  for  Planning  and Environment concerning an amendment to the Island Plan Policy H1 to include a provision for Jersey Homebuy Housing', and rejected a proposition of Deputy Geoffrey Peter Southern that, in accordance with Standing Order 83(1)(a) the  matter  should  be  referred  back  to  the  Minister  for  Planning  and  Environment  in  order  that  further information relating to the proposition could be provided to the States.

Members present voted as follows –

POUR: 9 CONTRE: 36 ABSTAIN: 1

Senator S. Syvret Senator F.H. Walker Deputy R.C. Duhamel (S) Senator L. Norman Senator T.A. Le Sueur

Deputy A. Breckon (S) Senator P.F. Routier

Deputy G.C.L. Baudains (C) Senator M.E. Vibert

Deputy J.A. Martin (H) Senator P.F.C. Ozouf

Deputy G.P. Southern (H) Senator T.J. Le Main

Deputy S.C. Ferguson (B) Senator B.E. Shenton

Deputy D.W. Mezbourian Senator F.E. Cohen

(L)

Deputy S. Pitman (H) 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 Grouville

Connétable of St.  Brelade

Connétable of St.  Martin

Connétable of St.  Saviour

Deputy of St. Martin

Deputy C.J. Scott Warr en

(S)

Deputy R.G. Le Hérissier

(S)

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 of Trinity

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

Deputy I.J. Gorst (C) Deputy of St. Mary

THE STATES, adopting a proposition of the Minister for Planning and Environment, agreed –

     to  r efer  to their Act dated 11th July 2002 in which they approved the Island Plan 2002 and, inter alia,

Policy H1 and to amend that policy to include provision for"Jersey Homebuy housing" within the definition of Category  A housing for the remaining H2 housing sites, and agreed that –

 O n Page   8.3 of the Jersey Island Plan 2002

 (a )   after  paragraph  8.18, the following new paragraph  should be inserted–

" 8.  18a      

           T here  is  al so  a need for housing which addresses the need of those with incomes too great to be

eligible for social rented housing, but who are unable to afford to buy the cheapest first time buyer home even with the assistance of a loan. In order to meet this need a category of housing will be introduced which will enable first time buyers who fall within this range to buy first time buyer properties without paying the full first time buyer price. There will be appropriate arrangements for the repayment in due course to the vendor of the balance of the purchase price"; and

 O n Page   8.4 of the Jersey Island Plan 2002

     ( b)   after  the bullet point "States, Parish and Housing Trust Rental Housing (including sheltered

housing)" a new bullet point as follows should be inserted – "Jersey Homebuy Housing";

 O n Page   8.13 of the Jersey Island Plan 2002

     (c )   In the third paragraph of"Policy H1 – Provision of Homes" after the words "first time buyer

homes" the words "and" should be deleted; and after the words "social rented homes" there should be inserted the words "and/or Jersey Homebuy housing, in such proportions as the Minister shall determine, having regard to the most recent available evidence on housing need and housing supply,".

Members present voted as follows –

POUR: 38 CONTRE: 5  ABSTAIN: 2

Senator F.H. Walker Senator S. Syvret   Deputy A. Breckon (S) Senator W. Kinnard Deputy J.A. Martin (H)   Deputy G.C.L. Baudains

(C)

Senator T.A. Le Sueur Deputy G.P. Southern (H) Senator P.F. Routier Deputy of St. Ouen Senator M.E. Vibert Deputy S. Pitman (H) 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 Trinity 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 C.J. Scott Warr en (S)

Deputy R.G. Le Hérissier (S)

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

Deputy I.J. Gorst (C) Deputy of St. Mary

Strategy for Inclusive Vocational Day services and employment P.102/2008

THE STATES, adopting a proposition of Deputy Ian Joseph Gorst of St. Clement, agreed to receive the Strategy for Inclusive Vocational Day services and Employment for people with a learning disability and people on the autistic spectrum as set out in the Appendix and –

(a ) reque sted the Ministers for Social Security, Education, Sport and Culture, and Health and Social

Services to review and consider this Strategy and take all necessary steps to support its implementation in order to find solutions to reduce pressures on existing services in providing appropriate work and vocational day service opportunities for people with learning disabilities and people on the autistic spectrum; and

     ( b )   req uested the Chief Minister to incorporate funding arrangements within the 2009 Annual

Business Plan to enable any solutions that were identified to be implemented.

Members present voted as follows –

POUR: 42 CONTRE: 0  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 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 Trinity Connétable of St. Brelade Connétable of St. Saviour 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 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 P.V.F. Le Claire (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 K.C. Lewis (S) Deputy of St. John

Deputy I.J. Gorst (C) Deputy of St. Mary

Change of Presidency

The Bailiff retired from the Chamber during consideration of the proposition of Deputy Ian Joseph Gorst of St. Clement (Strategy for Inclusive Vocational Day services and employment' P.102/2008) and the meeting continued under the Presidency of Mr. Michael Nelson de la Haye, Greffier of the States.

Withdrawal of lodged propositions

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

Goods and Services Tax: receipts. P.70/2008. Lodged: 13th May 2008.

Deputy G.P. Southern of St. Helier.

Arrangement of public business for future meetings

THE STATES, adopting a proposition of Senator Terence Augustine Le Sueur, agreed to commence the first meeting of the Second Session on Monday 8th September 2008.

THE STATES, adopting a proposition of the Deputy of St. Martin, agreed to suspend Standing Order 47 in respect of the meetings scheduled to take place on 15th to 18th July 2008 inclusive, and adjourn those meetings at 6.30 p.m. if the business of the States was not concluded.

Members present voted as follows –

POUR: 41 CONTRE: 2  ABSTAIN: 1

Senator S. Syvret Deputy of Grouville   Deputy  G.C.L.  Baudains

(C)

Senator L. Norman Deputy J.A. Hilton (H)

Senator F.H. Walker

Senator W. Kinnard

Senator T.A. Le Sueur

Senator P.F. Routier

Senator M.E. Vibert

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 Trinity

Connétable of St.  Brelade

Connétable of St.  John

Connétable of St.  Saviour

Deputy R.C. Duhamel (S)

Deputy A. Breckon (S)

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 G.P. Southern (H)

Deputy S.C. Ferguson (B)

Deputy of St. Ouen

Deputy P.J.D. Ryan (H)

Deputy of St.  Peter

Deputy P.V.F. Le  Claire (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 K.C. Lewis (S)

Deputy of St. John

Deputy I.J. Gorst (C)

Deputy of St. Mary

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) –

15th July 2008

Vote of No Confidence: the Bailiff of Jersey. P.107/2008. Lodged: 25th June 2008.

Deputy S. Pitman of St. Helier.

Social Security Tribunal: appointment of members. P.108/2008. Lodged: 26th June 2008.

Minister for Social Security.

Draft Marriage and Civil Status (Amendment No. 2) (Jersey) Law 200-. P.61/2008. Lodged: 21st April 2008.

Minister for Home Affairs.

Draft Marriage and Civil Status (Amendment No. 2) (Jersey) Law 200- (P.61/2008): P.61/2008. comments. Com. Presented: 2nd June 2008.

Education and Home Affairs Scrutiny Panel.

Draft Marriage and Civil Status (Amendment No. 2) (Jersey) Law 200- (P.61/2008): P.61/2008. amendments. Amd. Lodged: 19th May 2008.

Deputy of St. Martin.

Draft Marriage and Civil Status (Amendment No. 2) (Jersey) Law 200- (P.61/2008): P.61/2008. amendments (P.61/2008  Amd.) – comments. Amd.Com. Presented: 30th June 2008.

Minister for Home Affairs.

Draft Customs and Excise (Amendment No. 6) (Jersey) Law  200-. P.54/2008. Lodged: 7th April 2008.

Minister for Home Affairs.

Draft Customs and Excise (Amendment No. 6) (Jersey) Law 200- (P.54/2008): P.54/2008. amendments. Amd. Lodged: 1st July 2008.

Minister for Home Affairs.

Provision of land for lifelong dwellings (for people over 55) and first-time buyers: P.75/2008. amendment to Island Plan (2002).

Lodged: 22nd May 2008.

Minister for Planning and Environment.

Provision of land for lifelong dwellings (for people over 55) and first-time buyers: P.75/2008. amendment to Island Plan (2002) (P.75/2008) – amendment. Amd. Lodged: 20th June 2008.

Minister for Planning and Environment.

Draft Proceeds of Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 200- P.79/2008. .

Lodged: 29th May 2008.

Minister for Treasury and Resources.

Draft Criminal Justice (International Co-operation) (Jersey) Regulations 200-. P.80/2008. Lodged: 29th May 2008.

Minister for Treasury and Resources.

Draft Drug Trafficking Offences (Enforcement of Confiscation Orders) (Jersey) P.81/2008. Regulations 200-.

Lodged: 29th May 2008.

Minister for Treasury and Resources.

Draft Public Elections (Expenditure and Donations) (Jersey) Regulations  200-. P.82/2008. Lodged: 30th May 2008.

Privileges and Procedures Committee.

Draft Public Elections (Expenditure and Donations) (Jersey) Regulations  200- P.82/2008. (P.82/2008): amendments. Amd. Lodged: 1st July 2008.

Deputy R.G. Le Hérissier of St. Saviour.

Draft Public Elections (Expenditure and Donations) (Jersey) Regulations  200- P.82/2008. (P.82/2008): second amendments. Amd.(2) Lodged: 2nd July 2008.

Senator L. Norman.

Draft Terrorism (Enforcement of External Orders) (Jersey) Regulations 200-. P.84/2008. Lodged: 2nd June 2008.

Minister for Home Affairs.

Draft Shipping (Amendment No. 2) (Jersey) Law 200-. P.85/2008. Lodged: 3rd June 2008.

Minister for Economic Development.

Draft Companies (Takeovers and Mergers Panel) (Jersey) Law 200-. P.86/2008. Lodged: 3rd June 2008.

Minister for Economic Development.

Draft Limited Partnerships (Amendment) (Jersey) Law 200-. P.87/2008. Lodged: 3rd June 2008.

Minister for Economic Development.

Draft Income Support (Amendment of Law) (Jersey) Regulations 200-. P.88/2008. Lodged: 3rd June 2008.

Minister for Social Security.

Draft Income Support (Amendment No. 2) (Jersey) Regulations 200-. P.89/2008. Lodged: 3rd June 2008.

Minister for Social Security.

Draft Food Costs (Offset of Average GST) Bonus (Jersey) Regulations 200-. P.90/2008. Lodged: 3rd June 2008.

Minister for Treasury and Resources.

Brompton Villa, Belize House and Belize Cottage/Store, Great Union Road, St.  Helier: P.92/2008. proposed Deed of Arrangement.

Lodged: 3rd June 2008.

Minister for Treasury and Resources.

Tevielka, La Rue de  la Haye du Puits, Grouville : proposed Deed of Arrangement for P.93/2008. southwest boundary.

Lodged: 3rd June 2008.

Minister for Treasury and Resources.

Draft Howard Davis Farm (Abrogation of Covenant) (Jersey) Law 200-. P.95/2008. Lodged: 5th June 2008.

Minister for Treasury and Resources.

Draft Howard Davis Farm (Abrogation of Covenant) (Jersey) Law 200- (P.95/2008): P.95/2008. amendment. Amd. Lodged: 12th June 2008.

Deputy I.J. Gorst of St. Clement.

NOTE: Because of the requirement for a 6 week lodging period the Draft Howard Davis Farm (Abrogation of Covenant) (Jersey) Law 200- (P.95/2008) cannot be debated before Thursday 17th July 2008. If other business on 15th July 2008 is completed before 17th July,  the  Minister  for  Treasury  and  Resources  has  indicated  that  he  will  seek  the agreement of the Assembly, under Standing Order 26(7), to reduce the lodging period in order that this matter can be debated at that meeting.

Draft Companies (Amendment No. 9) (Jersey) Law 2008 (Appointed Day) Act 200-. P.109/2008. Lodged: 1st July 2008.

Minister for Economic Development.

Draft Referendum (Adoption of Central European Time) (Jersey) Act 200-. P.110/2008. Lodged: 1st July 2008.

Chief Minister.

Draft European Communities Legislation (Implementation) (Bovine Semen) (Jersey) P.43/2008. Regulations  200-.

Lodged: 14th March 2008.

Chief Minister.

Monday 8th September 2008

Draft Sea Fisheries (Inshore Trawling, Netting and Dredging) (Amendment) (Jersey) P.36/2008. Regulations 200- second reading.

Lodged: 6th March 2008.

Minister for Economic Development.

(principles adopted on 29th April 2008)

Draft Sea Fisheries (Inshore Trawling, Netting and Dredging) (Amendment) (Jersey) P.36/2008. Regulations 200- (P.36/2008): comments. Com. Presented: 1st July 2008.

Environment Scrutiny Panel.

Draft Sea Fisheries (Inshore Trawling, Netting and Dredging) (Amendment) (Jersey) P.36/2008. Regulations 200- (P.36/2008): comments (P.36/2008 Com.) – response of the Minister Com.Res. for Economic Development.

Presented: 8th July 2008.

Minister for Economic Development.

Flu pandemic funding. P.67/2008. Lodged: 13th May 2008.

Minister for Treasury and Resources.

Flu pandemic funding (P.67/2008): comments. P.67/2008. Presented: 1st July 2008. Com. Health, Social Security and Housing Scrutiny Panel.

Draft Water (Amendment No. 3) (Jersey) Law 200-. P.58/2008. Lodged: 11th April 2008.

Minister for Planning and Environment.

Draft European Communities Legislation (Bluetongue) (Jersey) Regulations 200-. P.71/2008. Lodged: 20th May 2008.

Minister for Planning and Environment.

Integrated Coastal Zone Management Strategy. P.76/2008. Lodged: 23rd May 2008.

Minister for Planning and Environment.

Draft Supply of Goods and Services (Jersey) Law 200-. P.77/2008. Lodged: 23rd May 2008.

Minister for Economic Development.

Human Rights Committee and Statements of Compatibility. P.78/2008. Lodged: 29th May 2008.

Deputy of St. Martin.

Human Rights Committee and Statements of Compatibility (P.78/2008): comments. P.78/2008. Presented: 30th June 2008. Com. Privileges and Procedures Committee.

Human Rights Committee and Statements of Compatibility (P.78/2008): comments. P.78/2008. Presented: 1st July 2008. Com.(2) Council of Ministers.

Human Rights Committee and Statements of Compatibility (P.78/2008): amendment. P.78/2008. Lodged: 24th June 2008. Amd. Chairmen's Committee.

Draft Mental Health (Amendment No. 2) (Jersey) Law 200-. P.83/2008. Lodged: 2nd June 2008.

Minister for Health and Social Services.

Historic Child Abuse Enquiry: Funding. P.91/2008. Lodged: 3rd June 2008.

Minister for Treasury and Resources.

Committee of Inquiry: Toxic Incinerator Ash Dumping in the St. Helier Waterfront Land P.96/2008. Reclamation Schemes.

Lodged: 10th June 2008.

Senator S. Syvret.

Committee of Inquiry: Toxic Incinerator Ash Dumping in the St. Helier Waterfront Land P.96/2008. Reclamation Schemes (P.96/2008) – comments. Com. Presented: 7th July 2008.

Council of Ministers.

Goods and Services Tax: exemption or zero-rating for foodstuffs and domestic energy. P.103/2008. Lodged: 17th June 2008.

Deputy of Grouville .

Goods and Services Tax: exemption for fruit, vegetables and milk. P.104/2008. Lodged: 17th June 2008.

Deputy S. Pitman of St. Helier.

Draft Water Resources (Jersey) Law 2007 (Appointed Day) Act 200-. P.105/2008. Lodged: 20th June 2008.

Minister for Planning and Environment.

Rent Control Tribunal: appointment of Chairman and Members. P.106/2008. Lodged: 23rd June 2008.

Minister for Housing.

Esplanade Quarter Masterplan, St. Helier: development agreement – approval by the P.111/2008. States.

Lodged: 3rd July 2008.

Senator J.L. Perchard.

Bailiff of Jersey: cessation of dual rôle. P.112/2008. Lodged: 9th July 2008.

Deputy S. Pitman of St. Helier.

THE STATES rose at 5.34 p.m.

A.H. HARRIS Deputy Greffier of the States