States Minutes 21st October 2008

THE STATES assembled on Tuesday 21st October 2008, at 09.30  a.m. under the Presidency of the Deputy Bailiff ,

Mr.  Michael Cameron St.  John Birt Esquire.

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 Stuart Syvret – en défaut (défaut raised at 9.57  a.m.)

S e nator Terence Augustine Le  Sueur – en défaut

S e nator Frederick Ellyer Cohen – en défaut (défaut raised at 9.44  a.m.)

D e puty Alan Breckon of St.  Helier – absent on States business

D e puty Shona Pitman of St.  Helier – ill

D e puty Juliette Gallichan of St.  Mary – excused attendance (arrived in the Chamber at 11.50  a.m.)

Prayers

Tribute to the late Mr. John Le  Marquand, former member of the States

The Deputy Bailiff paid tribute to the late Mr.  John Le  Marquand, former Senator, who served as a Member of the States for 38 years.

The States observed one minute's silence as a mark of respect. Members – re-election

The Deputy Bailiff , on behalf of States' members, congratulated those Members who had been elected in the recent Senatorial and Constables elections, and commiserated with those who had not been successful.

Subordinate enactments tabled

The following enactments were tabled, namely –

Income Support (General Provisions) (Amendment) (Jersey) Order 2008. R&O.118/2008. Minister for Social Security.

Lodging Houses (General Provisions) (Amendment No.  14) (Jersey) Order 2008. R&O.121/2008. Minister for Housing.

Health Insurance (Pharmaceutical Benefit) (General Provisions) (No.  2) (Amendment R&O.122/2008. No.  6) (Jersey) Order 2008.

Minister for Social Security.

Motor Vehicles (Driving Licences) (Amendment No.  10) (Jersey) Order 2008 R&O.123/2008.

Minister for Transport and Technical Services.

Income Support (Transitional Provisions) (Amendment No.  2) (Jersey) Order 2008. R&O.124/2008. Minister for Social Security.

Inquests and Post-Mortem Examinations (Amendment No.  6) Rules 2008. R&O.125/2008. The Superior Number of the Royal Court.

Places of Refreshment (Registration) (Fees) (Jersey) Order 2008. R&O.126/2008. Minister for Economic Development.

Tourism (General Provisions) (Amendment No.  15) (Jersey) Order 2008. R&O.127/2008. Minister for Economic Development.

Veterinary Surgeons (No.  2) (Jersey) Order 2008. R&O.128/2008. Minister for Economic Development.

Social Security (Earnings Limit) (Jersey) Order 2008. R&O.129/2008. Minister for Social Security.

Pilotage (Dues and Fees) (Amendment) (Jersey) Order 2008. R&O.130/2008. Minister for Economic Development.

Documents presented or laid

Rental Deposit Scheme to Protect Tenants' Deposits (P.137/2008): comments. P.137/2008. Presented: 10th October 2008. Com. Minister for Housing.

Committee of Inquiry: Energy from Waste plant procurement process (P.139/2008) – P.139/2008. comments. Com. Presented: 14th October 2008.

Minister for Transport and Technical Services.

Land Transactions under Standing Order 168(3) – R.102/2008.

1. No. 2 Devonshire Place, St. Helier–  granting of rights;
2. Railway Walk, Le MontLes Vaux, St. Brelade–  new leaseto Jersey Gas Company

Limited;

3. Jersey Airport, JohnLe FondréDeparture Hall , Ticket Desk,D003E – new leaseto

Flybe Limited;

4. Jersey Airport, JohnLe FondréDeparture Hall , Offices D003A,D003B,D003C

and D003D – new lease to Flybe Limited.

Presented: 30th September 2008.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – R.103/2008.

1. Jersey Airport, FreightandFuelFarm, Unit B132 – new leasetoMr. John

Muirhead;

2. Bel Royal Car Park,BelRoyal, St.  Lawrence – new leaseto Jersey Gas Company

Limited.

Presented: 3rd October 2008.

Minister for Treasury and Resources.

States employees: political activities – reclassification of politically ineligible post. R.104/2008. Presented: 6th October 2008.

Chief Minister.

Public Sector Manpower Report: June 2008. R.105/2008. Presented: 8th October 2008.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – The Old Sail Loft, Gorey Pier, R.106/2008. St.  Martin – proposed 3  year lease to Gavroche Ltd.

Presented: 8th October 2008.

Minister for Treasury and Resources.

Draft Residential Tenancy (Jersey) Law 200-: Summary of Findings of the R.107/2008. Consultation.

Presented: 10th October 2008.

Minister for Housing.

Jersey Police Complaints Authority: report for 2007. R.108/2008. Presented: 21st October 2008.

Minister for Home Affairs.

H.M. Prison, La  Moye: report for 2007. R.109/2008. Presented: 21st October 2008.

Minister for Home Affairs.

Land Transactions under Standing Order 168(3) – R.110/2008.

1. Medina,26Seale Street, St.  Helier – disposal;
2. Holly Tree House,La Grande Route de St.  Jean, Trinity – 3  year lease;
3. Georgetown Car Park,La RouteduFort, St.  Saviour–  lease to Channel Islands Co-

Operative Society Limited.

Presented: 21st October 2008.

Minister for Treasury and Resources.

Social Inclusion – Mont-à-l'Abbé. S.R.11/2008. Presented: 10th October 2008.

Education and Home Affairs Scrutiny Panel.

Notification of lodged propositions

Draft Foundations (Jersey) Law 200- (P.143/2008): amendment. P.143/2008. Lodged: 6th October 2008. Amd. Minister for Economic Development.

Jersey Financial Services Commission: appointment of Commissioner. P.151/2008. Lodged: 25th September 2008.

Minister for Economic Development.

Plémont Holiday Village site: negotiations for purchase. P.152/2008. Lodged: 29th September 2008.

Connétable of St. Ouen.

Waterfront Enterprise Board Ltd: appointment of Director. P.153/2008. Lodged: 1st October 2008.

Chief Minister.

Waterfront Enterprise Board Ltd.: appointment of Director (P.153/2008) – amendment. P.153/2008. Lodged: 21st October 2008. Amd. Senator B.E. Shenton.

Jersey Community Relations Trust: appointment of Chairman. P.154/2008. Lodged: 6th October 2008.

Minister for Home Affairs.

States Members' Remuneration Review Body: appointment of members. P.155/2008. Lodged: 7th October 2008.

Privileges and Procedures Committee.

Jersey Heritage Trust: appointment of Chairman. P.156/2008. Lodged: 7th October 2008.

Minister for Education, Sport and Culture.

Draft Collective Investment Funds (Recognized Funds) (Actions for Damages) (Jersey) P.157/2008. Regulations 200-.

Lodged: 8th October 2008.

Minister for Economic Development.

Draft Budget Statement 2009. P.158/2008. Lodged: 21st October 2008.

Minister for Treasury and Resources.

Draft Finance (2009 Budget) (Jersey) Law 200-. P.159/2008. Lodged: 21st October 2008.

Minister for Treasury and Resources.

Draft Income Tax (Amendment No.  31) (Jersey) Law 200-. P.160/2008. Lodged: 21st October 2008.

Minister for Treasury and Resources.

Draft Income Tax (Amendment No.  32) (Jersey) Law 200-. P.161/2008. Lodged: 21st October 2008.

Minister for Treasury and Resources.

Draft Firearms (Amendment No.  2) (Jersey) Law 200-. P.162/2008. Lodged: 21st October 2008.

Minister for Home Affairs.

Income Support and GST food costs bonus: additional funding. P.163/2008. Lodged: 21st October 2008.

Minister for Treasury and Resources.

Draft Food Costs (Offset of Average GST) Bonus (Amendment) (Jersey) Regulations P.164/2008. 200-.

Lodged: 21st October 2008.

Minister for Social Security.

Draft Income Support (Amendment No.  3) (Jersey) Regulations 200-. P.165/2008. Lodged: 21st October 2008.

Minister for Social Security.

Withdrawal of lodged propositions

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

Committee of Inquiry: Energy from Waste plant procurement process. P.139/2008. Lodged: 4th September 2008.

Deputy G.C.L. Baudains of St.  Clement.

Machinery of Government: modifications. P.141/2008. Lodged: 8th September 2008.

Deputy G.C.L. Baudains of St.  Clement.

Resignation of the Minister for Home Affairs

The Chief Minister, in accordance with Article  22(4) of the States of Jersey Law 2005, informed the Assembly that Senator Wendy Kinnard had resigned as Minister for Home Affairs.

Personal statements

(see Official Report/Hansard)

Senator Wendy Kinnard, in accordance with Standing Order 16 (3), made a personal statement regarding her decision to resign as Minister for Home Affairs.

Written Questions

(see Official Report/Hansard)

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy P.V.F. Le  Claire of St.  Helier regarding the composting costs for 2008.

The Minister for Housing tabled an answer to a question asked by Deputy P.V.F. Le Claire of St.  Helier regarding the Housing Trust's management of Berkshire Court.

The Chairman of the Health, Social Security and Housing Scrutiny Panel tabled an answer to a question asked by Deputy I.J. Gorst of St.  Clement regarding the implementation of therecommendations of the Bull report.

The Chairman of the Education and Home Affairs Scrutiny Panel tabled an answer to a question asked by Deputy I.J. Gorst of St.  Clement regarding the implementation of therecommendations of the Bull report.

The Minister for Minister for Health and Social Services tabled an answer to a question asked by Deputy I.J. Gorst of St.  Clement regarding the implementation of therecommendations of the Bull report.

The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St.  Helier regarding an investigation into the tender processes and contractual arrangements at Liberty Wharf.

The Minister for Economic Development tabled an answer to a question asked by Deputy G.P. Southern of St.  Helier regarding the appointment of an employer representative to chair the new Skills Executive.

The Minister for Economic Development tabled an answer to a question asked by Deputy G.P. Southern of St.  Helier regarding population control policies.

The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St.  Helier regarding population control policies.

The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St.  Helier regarding the

extension of savings guarantees to Jersey.

The Chairman of the Public Accounts Committee tabled an answer to a question asked by Deputy G.P. Southern of St.  Helier regarding efficiency savings.

The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St.  Helier regarding Income Support for parents attending the Access course at Highlands.

The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St.  Helier regarding incentives to work and save under Income Support.

The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St.  Helier regarding how changes in circumstances of Income Support applicants were addressed.

The Minister for Social Security tabled an answer to a question asked by Deputy C.J. Scott Warr en of St. Saviour regarding appointments at doctors' surgeries between January and September 2008.

Oral Questions

(see Official Report/Hansard)

Deputy I.J. Gorst of St. Clement asked a question of the Chief Minister regardingthe employment of people with disabilities by the States Employment Board during 2008.

Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding overpayment of Income Support.

Deputy R.G. Le  Hérissier of St.  Saviour asked a question of the Chief Minister regarding the issue of a Disclosure Notice by the police in respect of a public servant's alleged actions.

Deputy  G.P.   Southern  of  St.  Helier  asked  a  question  of  the  Minister  for  Education,  Sport and Culture regarding the terms and conditions which are currently applied to maternity leave and pay for teachers.

The Deputy of St.  Martin asked a question of the Chairman of the Comité des Connétable s regarding the availability of ballot papers for pre-poll or postal votes for the Deputies Elections.

The Connétable of St.  Helier asked a question of the Minister for Health and Social Services regarding action taken by Environmental Health officers as a result of a recent incident at the harbour.

Deputy D.W. Mezbourian of St. Lawrence asked a question of the Minister for Transport and Technical Services regarding the publication and implementation of the Integrated Travel and Transport Policy.

The Deputy of St.  Martin asked a question of the Minister for Treasury and Resources regardingthe work being undertaken by the Officer Working Group established to consider the various options for the future of Haut de  la Garenne.

Deputy K.C. Lewis of St.  Saviour asked a question of the Minister for Health and Social Services regarding the potential withdrawal by the United Kingdom from the reciprocal health agreement with the Island.

Deputy G.C.L. Baudains of St. Clement asked a question of the Chief Minister regardingthe development of the Esplanade Quarter' and the publication of the reports by Carey Olsen, Price waterhouseCoopers and the Minister for Treasury and Resources.

Deputy R.G. Le Hérissier of St. Saviour asked a question of the Minister for Health and Social Services regarding the debate of the New Directions policy.

Oral Questions without notice (see Official Report/Hansard)

The Minister for Health and Social Services answered questions without notice from members.

The Minister for Transport and Technical Services answered questions without notice from members.

Personal statements

(see Official Report/Hansard)

The Connétable of St Peter made a statement about the Broadlands fire.

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

The Chief Minister made a statement regarding a proposed Partnership agreement with the Conseil Général de la Manche.

The Chief Minister made a statement regarding the British-Irish Council summit meeting to be held in Jersey in 2009.

The Chief Minister made a statement regarding the implications for depositors of the current global financial conditions.

The Minister for Transport and Technical Services made a statement regarding the Victoria Avenue Resurfacing Contract.

The Deputy Chairman of the Committee of Inquiry into Third Party Planning Appeals made a statement regarding the progress of the inquiry.

Integrated Coastal Zone Management Strategy P.76/2008

THE STATES, adopting a proposition of the Minister for Planning and Environment concerning the introduction of an Integrated Coastal Zone Management Strategy, agreed –

to r ef er to their Act dated 26th June 2006 in which they approved the States Strategic Plan 2006 to 2011

and approved, inter alia, Objective 4.7.5"To bring forward for consultation and debate in 2006 a Coastal Zone Management Plan"; Commitment 1.1"Show the world that economic and environmental success can work together, indicated by Conservation and enhancement of biological diversity locally and contribution towards the conservation of global biodiversity where appropriate"; Commitment 4.4"Clean air, clean water and uncontaminated land"; Commitment 4.5 "Jersey's natural and built heritage is sympathetically managed" and Objective 5.2.8 "Over the period 2007 – 2010, meet, where possible, international standards set through the extension of international treaties and conventions", and –

to re c e i v e t h e Integrated Coastal Zone Management Strategy entitled Making the Most of Jersey's

Coast' to secure better management and informed decision-making on coastal issues so that Jersey's vital coastal and marine resources were managed sustainably, as set out in the report of the Minister for Planning and Environment dated March 2008, and in order to give effect to the recommendations made in the Strategy –

(a ) t o r e quest the Minister for Planning and Environment to take the necessary steps to protect and conserve coastal and marine wildlife, habitats, geodiversity and cultural heritage by

taking actions including –

  (i ) d e v e l o p in g a marine Biodiversity Action Plan with targets for marine and coastal

habitats and species;

  ( ii ) id e n t if y in g the potential threats to Jersey's coastal zone posed by climate change

and consider appropriate actions for safety, well-being and economic interests of coastal communities;

  (i ii ) r e d u c in g in p uts of nutrients and hazardous chemicals and materials from both land-

based and boat-based sources to improve marine and coastal water quality;

  (i v ) i n t ro d u c i n g fishing management techniques and technical measures that were less

damaging to non-target species in consultation with the local fishing industry and France, Guernsey and the United Kingdom;

  ( v ) d e v e lo p i n g fully representative networks of ecological, geological and heritage

marine and coastal protected areas in full consultation with all stakeholders;

( b ) t o request the Minister for Planning and Environment to take steps to increase

understanding of the marine and coastal environment by –

  ( i) d r a w  in g t o gether a marine and coastal database to make better use of existing

information;

(i i) d e v e l o p in g a marine habitats classification system;

(i ii ) d e v e l o p in g a marine and coastal atlas for Jersey to assist spatial planning;

  ( iv ) i n v e s ti g a ti n g the possibility of setting up a marine research laboratory for use by

visiting schools and universities;

(c ) t o r e quest the Minister for Planning and Environment to promote and encourage sensitive

use of natural resources to ensure long-term environmental, social and economic benefits by –

  ( i) e n s u ri n g p olicies within the Island Plan Review reflected the principles of the

Integrated Coastal Zone Management Strategy;

  ( ii ) d e v el o p i n g Management Plans for all Ramsar sites and future protected areas in

consultation with all stakeholders;

  ( ii i) e n c o u ra g i n g better returns for Jersey-caught marine species by investigating the

possibility of supporting the adoption of an internationally recognised certification programme, which promoted well-managed fisheries;

(d ) t o r e quest the Minister for Planning and Environment to work with stakeholders to promote

awareness, understanding and appreciation of the value of marine and coastal environments and seek involvement in adapting to change and developing new policies by –

  (i ) e n s u r in g t h at effective co-ordination arrangements were in place across the States

of Jersey and other interests with a role in the coastal zone to facilitate Integrated Coastal Zone Management;

(i i) t h ro u g h ECO-ACTIVE promote greater community involvement in, and

understanding of, marine and coastal issues;

  (i ii ) e n s u r e g r o w th in marine leisure was sustainable;

  (i v ) w  o rk w i th s chools to generate greater understanding of the value of the marine and

coastal environment;

( v ) d e velop closer links with France and the other Channel Islands to improve

knowledge and sustainable use of the marine and coastal environment;

  (v i ) c o n t in u e t o participate in the British-Irish Council (BIC) Environment Sub-Group

on Integrated Coastal Zone Management.

Members present voted as follows –

POUR: 35 CONTRE: 4 ABSTAIN: 0

Senator P.F. Routier Senator M.E. Vibert Senator P.F.C. Ozouf

Senator T.J. Le  Main Senator B.E. Shenton Senator F.E. Cohen

Senator J.L. Perchard Connétable of St. Ouen Connétable of St. Mary Connétable of St. Lawrence Connétable of St. Brelade Connétable of St. Martin Connétable of St. Saviour Deputy R.C. Duhamel (S) Deputy J.J. Huet (H)

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 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)

Connétable of St. Peter Connétable of St. John Deputy G.C.L. Baudains (C)

Deputy S.C. Ferguson (B)

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

THE STATES, adopting a proposition of Senator James Leslie Perchard, agreed to request the Chief Minister to give directions to the Waterfront Enterprise Board Limited in accordance with Article  22(a) of the Articles of Association of the Company that no development agreement should be signed by the Company in relation to the proposed  Esplanade  Quarter,  St.  Helier  until  the  details  of  the  proposed  development  agreement  had  been recommended by the Waterfront Enterprise Board for endorsement by the States, presented to the States by the Chief Minister and approved by the Assembly.

Members present voted as follows –

POUR: 40 CONTRE: 1 ABSTAIN: 1 Senator S. Syvret Deputy J.J. Huet (H) Senator F.E. Cohen

Senator F.H. Walker

Senator P.F. Routier

Senator M.E. Vibert

Senator T.J. Le  Main

Senator B.E. Shenton

Senator J.L. Perchard

Connétable of St. Ouen

Connétable of St. Mary

Connétable of St. Peter

Connétable of St. Clement

Connétable of St. Lawrence

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 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 K.C. Lewis (S)

Deputy of  St.  John

Deputy I.J. Gorst (C)

Deputy of St.  Mary

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

The Chairman of the Economic Affairs Scrutiny Panel made a statement regarding the scrutiny of the Draft Foundations (Jersey) Law 200-.

Draft States of Jersey (Amendment No.  5) Law 200- P.122/2008

THE STATES commenced consideration of the Draft States of Jersey (Amendment No.  5) Law 200- and rejected a proposition of Senator Stuart Syvret that, in accordance with Standing Order 83(1)(a), the matter should be referred  back  to  the  Privileges  and  Procedures  Committee  in  order  that  further  information  relating  to  the proposition could be provided to the States.

Members present voted as follows –

POUR:  12 CONTRE:  21 ABSTAIN:  0

Senator S. Syvret

Connétable of St. Peter Deputy R.C. Duhamel (S) Deputy of St.  Martin

Deputy P.N. Troy (B) Deputy R.G. Le  Hérissier (S) Deputy P.J.D. Ryan (H) Deputy of Grouville

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

Deputy I.J. Gorst (C)

Senator M.E. Vibert

Senator T.J. Le  Main Senator F.E. Cohen Connétable of St. Ouen Connétable of St. Mary Connétable of St. Clement Connétable of Trinity Connétable of St. Lawrence Connétable of St. Martin Connétable of St. John Connétable of St. Saviour Deputy G.C.L. Baudains (C) Deputy C.J. Scott   Warr en (S) Deputy S.C. Ferguson (B) Deputy of St.  Ouen

Deputy of St.  Peter

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

Deputy of St.  Mary

THE STATES adopted the principles.

THE STATES, having been informed that the relevant scrutiny panel had indicated that it did not wish to scrutinise the draft legislation, adopted Article  1.

THE STATES adopted Article  2.

Members present voted as follows –

POUR:  30 CONTRE:  8 ABSTAIN:  0

Senator F.H. Walker Senator S. Syvret

Senator P.F. Routier Deputy R.C. Duhamel (S) Senator M.E. Vibert Deputy of St.  Martin Senator P.F.C. Ozouf Deputy P.N. Troy (B) Senator T.J. Le  Main Deputy R.G. Le  Hérissier (S)

Senator F.E. Cohen

Senator J.L. Perchard Connétable of St. Mary Connétable of St. Peter Connétable of St. Clement Connétable of Trinity Connétable of St. Lawrence Connétable of St. Martin Connétable of St. John Connétable of St. Saviour Deputy J.J. Huet (H)

Deputy G.C.L. Baudains (C) Deputy C.J. Scott   Warr en (S) Deputy J.B. Fox (H)

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

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 of Trinity

Deputy S.S.P.A. Power (B) Deputy A.J.D. Maclean (H) Deputy I.J. Gorst (C)

Deputy of St.  Mary

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

Deputy P.V.F. Le  Claire (H)

THE STATES adopted Article  3. THE STATES adopted Article  4. Members present voted as follows –

POUR: 37 CONTRE: 3 ABSTAIN: 0

Senator F.H. Walker

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 Trinity 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)

Senator S. Syvret Deputy J.J. Huet (H) Deputy of St.  Ouen

Deputy J.A. Martin (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 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

THE STATES adopted Article  5.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the States of Jersey (Amendment No.  5) Law 200-.

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

The Chief Minister made a statement regarding the resignation of Senator Wendy Kinnard as Minister for Home Affairs.

Draft Policing of Parks (Amendment) (Jersey) Regulations 200- P.131/2008

THE STATES commenced consideration of the Draft Policing of Parks (Amendment) (Jersey) Regulations 200- and adopted the principles.

THE STATES, having been informed that the relevant scrutiny panel had indicated that it did not wish to scrutinise the draft legislation, adopted Regulations 1 and 2.

THE STATES, in pursuance of the Order in Council of 26th December 1851, and Article 92 of the Road Traffic (Jersey) Law 1956, made Regulations entitled the Policing of Parks (Amendment) (Jersey) Regulations 2008.

Jersey Air Cadets' HQ, La Rue Carrée, St. Brelade– proposed Deed of Arrangement P.132/2008 THE STATES, adopting a proposition of the Minister for Treasury and Resources –

1. a g reed that a DeedofArrangementshould be passed between the Public as the ownerof the site of the Jersey AirCadets' HQ,La Rue Carrée, St. Brelade, andMr. Paul Christopher Little andMrs. Samant Little, née Hibbard, as the ownersofLe Petit Reve, La Rue Carrée, St. Brelade (as shownonDrawin No. 1412 D1), to agreethe boundary between the two subject properties, with Mr. andMrs. Little bearin the Public'scostsin connection with passing the contract before the Royal Court; and
2. au t horisedtheAttorneyGeneraland the Greffierof the States to pass the necessary contracts on behalf of the Public.

Artificial Insemination of Bovines: fees P.135/2008

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

to re f er to their Act dated 24th June 2003 in which they agreed that no new user pays' charges should be

introduced without the prior approval of the States, and –

th a t a new charge should be introduced in accordance with the user pays' principle for licensing and

approvals required under the Artificial Insemination of Domestic Animals (Bovine Semen) (Jersey) Order 2008.

Members present voted as follows –

POUR: 23 CONTRE: 2 ABSTAIN: 0

Senator P.F. Routier Connétable of St. Ouen Connétable of St. Mary Connétable of St. Peter Connétable of Trinity Connétable of St. Lawrence Connétable of St. Brelade Connétable of St. Martin Connétable of St. Saviour Deputy of St.  Martin Deputy J.B. Fox (H)

Deputy J.A. Martin (H) Deputy of St.  Ouen

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 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)

Senator James Leslie Perchard, in accordance with the provisions of Standing Order 106(1)(a), declared an interest and withdrew from the Chamber.

Change of Presidency

The Deputy Bailiff retired from the Chamber during consideration of the Artificial Insemination of Bovines: fees and the meeting continued under the presidency of Mr.  Michael Nelson de  la Haye, Greffier of the States.

Draft Amendment (No.  9) of the Standing Orders of the States of Jersey P.140/2008

THE STATES commenced consideration of the Draft Amendment (No.  9) of the Standing Orders of the States of Jersey.

THE STATES adopted Amendment 1. THE STATES adopted Amendment 2.

Members present voted as follows –

POUR:  28 CONTRE:  10 ABSTAIN: 0

Senator P.F. Routier

Senator M.E. Vibert

Senator T.J. Le  Main Senator J.L. Perchard Connétable of St. Mary Connétable of St. Clement Connétable of Trinity Connétable of St. Lawrence Connétable of St. Brelade Connétable of St. Martin Connétable of St. Saviour Deputy R.C. Duhamel (S) Deputy J.J. Huet (H)

Deputy of St.  Martin

Deputy G.C.L. Baudains (C) Deputy J.B. Fox (H)

Deputy of St.  Ouen

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

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

Deputy of St.  Mary

Connétable of St. Ouen Connétable of St. Peter Deputy P.N. Troy (B) Deputy C.J. Scott   Warr en (S) Deputy R.G. Le  Hérissier (S) Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy S.C. Ferguson (B) Deputy D.W. Mezbourian (L) Deputy K.C. Lewis (S)

THE STATES adopted Amendments 3 to 8.

THE STATES commenced consideration of Amendment  9 and, adopting an amendment of Senator Michael Edward Vibert , agreed that for Amendment  9, there should be substituted the following Amendments –

"9 S tanding order 112 amended

In standing order 112(1), in the order of selection for appointment, item 10 shall be deleted.

* S ta nding order 114 amended

In standing order 114(1), sub-paragraph  (f) shall be deleted."

Members present voted as follows –

POUR:  37 CONTRE: 4 ABSTAIN: 0

Senator F.H. Walker Deputy G.C.L. Baudains (C) Senator P.F. Routier Deputy G.P. Southern (H) Senator M.E. Vibert Deputy S.C. Ferguson (B) Senator P.F.C. Ozouf Deputy J.A.N. Le  Fondré (L)

Senator J.L. Perchard Connétable of St. Ouen Connétable of St. Mary Connétable of St. Peter Connétable of St. Clement Connétable of Trinity Connétable of St. Lawrence Connétable of St. Brelade Connétable of St. Martin Connétable of St. John Connétable of St. Saviour Deputy R.C. Duhamel (S) Deputy J.J. Huet (H)

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 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 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

THE STATES adopted Amendment 9, as amended. THE STATES adopted Amendments 10 and 11.

THE STATES, adopting the amendment of Senator Michael Edward Vibert , agreed that for Amendment  12 there should be substituted the following Amendments –

"* S t a nding order 121 amended

In s ta nding order 121(1) the words by virtue of their office' shall be deleted.

* S ta n ding order 122 substituted

F o r s tanding order 122 there shall be substituted the following standing order –

1 2 2   M embership of the PPC: appointment process

(1 ) T h e chairman of the PPC shall nominate 3 elected members, who are neither Ministers or

Assistant Ministers, as candidates for membership of the PPC.

(2 ) T h e presiding officer shall invite elected members to nominate other elected members who

are neither Ministers or Assistant Ministers as candidates.

( 3 ) I f th ere are no other elected members nominated who are neither Ministers or Assistant

Ministers, the 3 elected members nominated under paragraph  (1) are appointed as members of the PPC.

( 4 ) O t h erwise, if there are more than 3 candidates who are neither Ministers or Assistant

Ministers, there shall be a secret ballot and the 3  candidates who receive the highest number of votes are appointed as members.

(5 ) T h e chairman of the PPC shall then, after consultation with the Chief Minister, nominate 2

elected members, who are each a Minister or an Assistant Minister, as candidates for membership of the PPC.

(6 ) T h e presiding officer shall invite elected members to nominate other elected members, who

are either Ministers or Assistant Ministers, as candidates.

( 7 ) I f th ere are no other elected members nominated who are either Ministers or Assistant

Ministers, the 2 elected members nominated under paragraph (5) are appointed as members of the PPC.

( 8 ) O t h erwise, if there are more than 2  candidates who are each a Minister or Assistant

Minister there shall be a secret ballot and the 2  candidates who receive the highest number of votes are appointed as members of the PPC.

(9 ) T h e chairman of the PPC shall then, after consultation with the president of the chairmen's

committee, nominate a member of the chairmen's committee as a candidate for membership of the PPC.

( 1 0 ) T h e presiding officer shall invite elected members to nominate other members of the

chairmen's committee as candidates.

(1 1 ) I f n o other members of the chairmen's committee are nominated the member nominated

under paragraph  (9) is appointed as a member of the PPC.

(1 2 ) O t h e rwise, if there are 2 or more candidates who are members of the chairmen's committee

there shall be a secret ballot and the candidate who receive the highest number of votes is appointed as member.

(1 3 ) I n a ballot an elected member shall have the same number of votes as there are members to

appoint, although a member need not use all of his or her votes.

(1 4 ) I n t h e event that 2 or more candidates receive the same number of votes in a ballot, being a

number which,  if received  by one  candidate,  would be the  lowest  number of votes required for that candidate to be appointed as a member, there shall be a further secret ballot between those candidates, and the candidate receiving the greater number of votes shall be appointed as a member of the PPC.

(1 5 ) T h i s process shall also apply, with the necessary modifications, in the event of one or more

vacancies in the membership of the PPC.'."

THE STATES, adopting the amendment of Senator Michael Edward Vibert , agreed that for Amendment  13 there should be substituted the following Amendment –

"* S t a nding order 126 revoked

S ta n d ing order 126 shall be revoked."

THE STATES adopted Amendments 12 and 13, as amended. THE STATES adopted Amendments 14 and 15.

THE STATES, adopting the amendment of Senator Michael Edward Vibert , agreed that after Amendment  15 there should be inserted the following Amendments –

"* S t a nding order 142 amended

In s ta nding order 142 –

   ( a ) in paragraph  (1) there shall be deleted –

(i ) t h e w ord and' at the end of sub-paragraph (b);

(i i) s u b - paragraph  (c);

(b ) fo r paragraph  (2) there shall be substituted the following paragraph –

( 2 ) T h e States shall appoint the president of the chairmen's committee.'

* S ta n ding order 144 revoked

S ta n d ing order 144 shall be revoked."

And the provisions renumbered accordingly. THE STATES adopted Article  16.

THE STATES, in pursuance of Article 48 of the States of Jersey Law 2005, made amendments to the Standing Orders of the States of Jersey entitled Amendment (No. 9) of the Standing Orders of the States of Jersey, as amended'.