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THE STATES assembled on Wednesday 17th June 2009, at 09.30 a.m. under
the Presidency of the Deputy Bailiff , Michael Cameron St. John Birt Esquire. __________________
All members were present at roll call with the exception of –
Senator Terence John Le Main – en défaut (défaut raised at 9.39 a.m.)
Connétable Kenneth Priaulx Vibert of St. Ouen – en défaut (défaut raised at 10.11 a.m.) Connétable Daniel Joseph Murphy of Grouville – absent on States business
Connétable Michael Keith Jackson of St. Brelade – absent on States business
Deputy Geoffrey Peter Southern of St. Helier – en défaut (défaut raised at 9.57 a.m.) Deputy Ian Joseph Gorst of St. Clement – excused
Deputy Angela Elizabeth Jeune of St. Brelade – absent on States business
Deputy Deborah Jane de Sousa of St. Helier – absent on States business
__________________
Prayers read by the Greffier of the States __________________
Documents presented or laid
Managing Migration: New Mechanisms – Part 2: Managing Access to Employment and R.66/2009. Housing.
Presented: 17th June 2009.
Chief Minister.
Notification of lodged propositions
Jersey Financial Services Commission: appointment of Chairman. P.101/2009. Lodged: 17th June 2009.
Minister for Economic Development.
Arrangement of business for the present meeting
THE STATES, adopting a proposition of the Connétable of St. Mary , agreed that consideration of the proposition of Senator Stuart Syvret entitled Committee of Inquiry into the death of Mrs. Elizabeth Rourke' (P.76/2009) should be deferred until 30th June 2009.
Members present voted as follows –
POUR: 32 CONTRE: 15 ABSTAIN: 1
Senator T.A. Le Sueur Senator S. Syvret Deputy J.A.N. Le Fondré (L) Senator P.F. Routier Senator A. Breckon
Senator P.F.C. Ozouf Senator S.C. Ferguson
Senator T.J. Le Main Deputy of St. Martin
Senator B.E. Shenton Deputy R.G. Le Hérissier (S)
305 Price code: B
STATES MINUTES
Senator F.E. Cohen Senator J.L. Perchard Senator A.J.D. Maclean Senator B.I. Le Marquand Connétable of St. Ouen Connétable of St. Helier Connétable of Trinity Connétable of St. Martin Connétable of St. John Connétable of St. Saviour Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Deputy R.C. Duhamel (S) Deputy J.B. Fox (H) Deputy J.A. Martin (H) Deputy of St. Ouen
Deputy of St. Peter Deputy J.A. Hilton (H) Deputy of Trinity
Deputy S.S.P.A. Power (B) Deputy K.C. Lewis (S) Deputy A.T. Dupré (C) Deputy E.J. Noel (L) Deputy T.A. Vallois (S) Deputy A.K.F. Green (H)
17th June 2009
Deputy G.P. Southern (H)
Deputy of Grouville
Deputy P.V.F. Le Claire (H) Deputy S. Pitman (H)
Deputy of St. John
Deputy M. Tadier (B)
Deputy of St. Mary
Deputy T.M. Pitman (H)
Deputy M.R. Higgins (H)
Deputy J.M. Maçon (S)
Public Finances (Jersey) Law 2005: proposed changes P.54/2009
THE STATES, adopting a proposition of the Public Accounts Committee, requested the Minister for Treasury and Resources to bring forward for approval amendments to the Public Finances (Jersey) Law 2005 to expand the remit of the Comptroller and Auditor General in relation to companies that were wholly or majority-owned by the States of Jersey, with the exception of publicly quoted companies, to enable him to exercise similar functions in relation to these entities as those he exercised in relation to States funded bodies.
Members present voted as follows –
POUR: 39 CONTRE: 0 ABSTAIN: 0
Senator T.A. Le Sueur Senator P.F.C. Ozouf Senator B.E. Shenton Senator J.L. Perchard Senator A. Breckon Senator S.C. Ferguson Senator A.J.D. Maclean Senator B.I. Le Marquand Connétable of St. Ouen Connétable of Trinity Connétable of St. Martin
Connétable of St. John Connétable of St. Saviour Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Deputy R.C. Duhamel (S) Deputy of St. Martin
Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)
Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of St. Ouen
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 S. Pitman (H) Deputy K.C. Lewis (S) Deputy of St. Mary
Deputy T.M. Pitman (H) Deputy A.T. Dupré (C) Deputy E.J. Noel (L) Deputy T.A. Vallois (S) Deputy A.K.F. Green (H) Deputy J.M. Maçon (S)
Rent Control Tribunal: appointment of Chairman and Members P.65/2009
THE STATES, adopting a proposition of the Minister for Housing, agreed in pursuance of paragraph (1) of Article 3 of the Dwelling Houses (Rent Control) (Jersey) Law 1946, as amended, to appoint the following persons to act as Chairman and Members of the Rent Control Tribunal for a period ending on 12th April 2010, namely –
Mr. Eric Henry Le Ruez – Chairman Mr. Edward George Trevor MBE Mr. Jeremy James Robin Johnson Mrs. Mary Margaret Gaiger.
Members present voted as follows –
POUR: 38 CONTRE: 3 ABSTAIN: 0
Senator T.A. Le Sueur Deputy S. Pitman (H) Senator P.F. Routier Deputy T.M. Pitman (H) Senator P.F.C. Ozouf Deputy J.M. Maçon (S) Senator T.J. Le Main
Senator B.E. Shenton
Senator J.L. Perchard
Senator A. Breckon
Senator S.C. Ferguson Senator A.J.D. Maclean Senator B.I. Le Marquand Connétable of St. Ouen Connétable of Trinity Connétable of St. John Connétable of St. Saviour Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Deputy R.C. Duhamel (S) Deputy of St. Martin
Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)
Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of St. Ouen
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 of St. Mary
Deputy A.T. Dupré (C) Deputy E.J. Noel (L) Deputy T.A. Vallois (S) Deputy M.R. Higgins (H) Deputy A.K.F. Green (H)
States Employees Standing for Election: use of annual leave and time off in lieu P.66/2009
THE STATES, adopting a proposition of Deputy Trevor Mark Pitman of St. Helier , agreed –
- that the Employment of States of Jersey Employees (Jersey) Law 2005 should be amended as necessary to provide that, in addition to the existing right to special unpaid leave, any politically eligible employee who intended to stand for election to the States should also be permitted to use any owed annual leave or time off in lieu before taking unpaid leave in the period between his or her public nomination for office and his or her resignation after the election (if elected to office) or his or her return to work (if unsuccessful); and
- to request the Chief Minister to bring forward for approval the necessary legislation to give effect to the proposal.
Members present voted as follows –
POUR: 45 CONTRE: 0 ABSTAIN: 0
Senator T.A. Le Sueur Senator P.F. Routier
Senator P.F.C. Ozouf Senator T.J. Le Main Senator B.E. Shenton Senator A. Breckon
Senator S.C. Ferguson Senator A.J.D. Maclean Senator B.I. Le Marquand Connétable of St. Ouen Connétable of St. Helier Connétable of Trinity Connétable of St. Martin Connétable of St. John Connétable of St. Saviour Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Deputy R.C. Duhamel (S) Deputy of St. Martin
Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)
Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of St. Ouen
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 S. Pitman (H) Deputy K.C. Lewis (S) Deputy of St. John
Deputy M. Tadier (B) Deputy of St. Mary
Deputy T.M. Pitman (H) Deputy A.T. Dupré (C) Deputy E.J. Noel (L) Deputy T.A. Vallois (S) Deputy M.R. Higgins (H) Deputy A.K.F. Green (H) Deputy J.M. Maçon (S)
Insolvency: Temporary Scheme for Compensatory Payment – Extension P.67/2009
THE STATES, adopting a proposition of Deputy Geoffrey Peter Southern of St. Helier , agreed to refer to their Act dated 25th March 2009 in which they requested the Minister for Social Security to establish an easily accessible and well-publicised system within the Social Security Department to deliver payments on a similar basis to all Jersey workers made redundant by insolvency from 4th February 2009, and to maintain this system of payments until an Insolvency Scheme was in place; and requested the Minister to extend the scheme (details of which were presented to the States by the Minister on 29th April 2009) to enable the Minister, in consultation with the Viscount, to use discretion to make payments to workers who had been made redundant without the payment of statutory notice by businesses that had stopped trading even if the businesses had not yet been declared insolvent.
Members present voted as follows –
POUR: 41 CONTRE: 1 ABSTAIN: 0 Senator T.A. Le Sueur Deputy J.A.N. Le Fondré (L)
Senator P.F. Routier
Senator P.F.C. Ozouf
Senator T.J. Le Main
Senator F.E. Cohen
Senator A. Breckon
Senator S.C. Ferguson
Senator A.J.D. Maclean
Senator B.I. Le Marquand
Connétable of St. Ouen
Connétable of St. Helier
Connétable of Trinity
Connétable of St. Martin
Connétable of St. John
Connétable of St. Saviour
Connétable of St. Clement
Connétable of St. Peter
Connétable of St. Lawrence
Connétable of St. Mary
Deputy R.C. Duhamel (S)
Deputy of St. Martin
Deputy R.G. Le Hérissier (S)
Deputy J.B. Fox (H)
Deputy J.A. Martin (H)
Deputy G.P. Southern (H)
Deputy of St. Ouen
Deputy of Grouville
Deputy of St. Peter
Deputy J.A. Hilton (H)
Deputy of Trinity
Deputy S.S.P.A. Power (B)
Deputy S. Pitman (H)
Deputy of St. John
Deputy M. Tadier (B)
Deputy of St. Mary
Deputy T.M. Pitman (H)
Deputy A.T. Dupré (C)
Deputy T.A. Vallois (S)
Deputy M.R. Higgins (H) Deputy A.K.F. Green (H) Deputy J.M. Maçon (S)
Draft Companies (Takeovers and Mergers Panel) (Jersey) Law 2009 (Appointed Day) Act 200- P.90/2009
THE STATES, in pursuance of Article 25(2) of the Companies (Takeovers and Mergers Panel) (Jersey) Law 2009, made an Act entitled the Companies (Takeovers and Mergers Panel) (Jersey) Law 2009 (Appointed Day) Act 2009.
States of Jersey Complaints Panel: appointment of members P.92/2009
THE STATES, adopting a proposition of the Privileges and Procedures Committee, agreed, in accordance with Article 5(2) of the Administrative Decisions (Review) (Jersey) Law 1982, to appoint the following persons as members of the States of Jersey Complaints Panel, from whom members of Complaints Boards can be drawn, for a period of 3 years –
Chairman
Mrs. Carol Elizabeth Canavan Deputy Chairmen
Mr. Nigel Peter Edgar Le Gresley Advocate Richard John Renouf
Members
Mr. John Geoffrey Davies Mrs. Mary Le Gresley
Mr. Thomas Siouville Perchard Miss Christine Vibert
Mr. David James Watkins.
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 –
States Members' remuneration for 2009. P.24/2009. Lodged: 19th February 2009.
Connétable of St. Peter .
Arrangement of public business for future meetings
THE STATES, adopting a proposition of Senator Philip Francis Cyril Ozouf , agreed that consideration of the proposition of the Deputy of St. John entitled Esplanade Quarter and Waterfront development: deferral' (P.77/2009) should be deferred until 14th July 2009.
Members present voted as follows –
POUR: 33 CONTRE: 12 ABSTAIN: 0
Senator T.A. Le Sueur Senator P.F. Routier
Senator P.F.C. Ozouf Senator T.J. Le Main Senator F.E. Cohen
Senator S.C. Ferguson Senator A.J.D. Maclean Senator B.I. Le Marquand Connétable of St. Ouen Connétable of St. Helier Connétable of Trinity Connétable of St. Martin Connétable of St. Saviour Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Deputy R.C. Duhamel (S) Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (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 S. Pitman (H) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy A.T. Dupré (C) Deputy E.J. Noel (L) Deputy A.K.F. Green (H)
Senator A. Breckon
Connétable of St. John
Deputy of St. Martin
Deputy J.A. Martin (H)
Deputy G.P. Southern (H) Deputy of Grouville
Deputy of St. John
Deputy of St. Mary
Deputy T.M. Pitman (H) Deputy T.A. Vallois (S)
Deputy M.R. Higgins (H) Deputy J.M. Maçon (S)
THE STATES, adopting a proposition of the Chairman of the Privileges and Procedures Committee, agreed that the meeting scheduled to commence on 14th July 2009 would now begin a day earlier on 13th July 2009 and would continue, if necessary, for 5 days.
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) –
30th June 2009
Committee of Inquiry into the death of Mrs. Elizabeth Rourke. P.76/2009. Lodged: 29th May 2009.
Senator S. Syvret.
Committee of Inquiry into the death of Mrs. Elizabeth Rourke (P.76/2009): comments. P.76/2009. Presented: 16th June 2009. Com. Minister for Health and Social Services.
Child abuse compensation claims: freedom of expression for survivors. P.49/2009. Lodged: 6th April 2009.
Senator S. Syvret.
Child abuse compensation claims: freedom of expression for survivors (P.49/2009) – P.49/2009. comments. Com. Presented: 11th May 2009.
Council of Ministers.
Child abuse compensation claims: freedom of expression for survivors (P.49/2009) – P.49/2009. amendment. Amd. Lodged: 29th April 2009.
Council of Ministers.
States Employees: pay increase for 2009/2010 P.68/2009. Lodged: 12th May 2009.
Deputy of St. John .
States Employees: pay increase for 2009/2010 (P.68/2009) – amendment. P.68/2009. Lodged: 19th May 2009. Amd. Deputy G.P. Southern of St. Helier .
States Employees: pay increase for 2009/2010 (P.68/2009) – second amendment. P.68/2009. Lodged: 12th June 2009. Amd.(2) Connétable of St. Peter .
Jersey Mutual Insurance Society Incorporated: alteration of Fundamental Rules – Petition. P.71/2009. Lodged: 19th May 2009.
Connétable of St. Saviour .
Draft Employment (Amendment No. 4) (Jersey) Law 2009 (Appointed Day) Act 200-. P.73/2009. Lodged: 21st May 2009.
Minister for Social Security.
Suspension of States Employees: Composition of Review Panel. P.98/2009. Lodged: 3rd June 2009.
Deputy of St. Martin .
Draft Court of Appeal (Amendment No. 8) (Jersey) Law 2008 (Appointed Day) Act P.99/2009. 200-.
Lodged: 4th June 2009.
Chief Minister.
13th July 2009
Electricity tariffs: Regulations under Article 22 of the Electricity (Jersey) Law 1937. P.41/2009. Lodged: 24th March 2009.
Senator A. Breckon.
Electricity tariffs: Regulations under Article 22 of the Electricity (Jersey) Law 1937 P.41/2009. (P.41/2009) – comments. Com. Presented: 27th April 2009.
Minister for Economic Development.
Electricity tariffs: Regulations under Article 22 of the Electricity (Jersey) Law 1937 P.41/2009. (P.41/2009) – amendment. Amd. Lodged: 26th May 2009.
Senator A. Breckon.
Ann Court Site, St. Helier : use for sheltered social housing for the over-55s. P.43/2009. Lodged: 27th March 2009.
Deputy J.A. Martin of St. Helier .
Draft Sea Fisheries (Satellite Monitoring) (Jersey) Regulations 200-. P.56/2009. Lodged: 14th April 2009.
Minister for Economic Development.
Draft Sea Fisheries (Miscellaneous Provisions) (Amendment No. 5) (Jersey) Regulations P.57/2009. 200-.
Lodged: 14th April 2009.
Minister for Economic Development.
Draft Sea Fisheries (Bag Limits) (Jersey) Regulations 200-. P.58/2009. Lodged: 14th April 2009.
Minister for Economic Development.
Television Licences for persons over 75. P.100/2009. Lodged: 16th June 2009.
Deputy M. Tadier of St. Brelade .
Draft Social Security (Television Licence Benefit) (Jersey) Regulations 200-. P.64/2009. Lodged: 5th May 2009.
Minister for Social Security.
Draft Social Security (Television Licence Benefit) (Jersey) Regulations 200- (P.64/2009): P.64/2009. amendment. Amd. Lodged: 2nd June 2009.
Minister for Social Security.
Composition and election of the States: revised structure. P.72/2009. Lodged: 19th May 2009.
Privileges and Procedures Committee.
Draft Residential Tenancy (Jersey) Law 200-. P.74/2009. Lodged: 21st May 2009.
Minister for Housing.
Draft Amendment (No. 11) of the Standing Orders of the States of Jersey. P.75/2009. Lodged: 27th May 2009.
Privileges and Procedures Committee.
Esplanade Quarter and Waterfront development: deferral. P.77/2009. Lodged: 29th May 2009.
Deputy of St. John .
Annual Business Plan 2009: variation in respect of pay freeze. P.78/2009. Lodged: 29th May 2009.
Minister for Treasury and Resources.
Draft Income Tax (Amendment No. 32) (Jersey) Law 200-. P.81/2009. Lodged: 2nd June 2009.
Minister for Treasury and Resources.
Draft Income Tax (Amendment No. 33) (Jersey) Law 200-. P.82/2009. Lodged: 2nd June 2009.
Minister for Treasury and Resources.
Public Finances (Jersey) Law 2005: funding requests under Article 11(8). P.83/2009. Lodged: 2nd June 2009.
Minister for Treasury and Resources.
Strategic Reserve Fund: use for Bank Depositors' Compensation Scheme. P.84/2009. Lodged: 2nd June 2009.
Minister for Treasury and Resources.
Draft Public Finances (Depositors Compensation) (Jersey) Regulations 200-. P.85/2009. Lodged: 2nd June 2009.
Minister for Treasury and Resources.
Draft Banking Business (Depositors Compensation) (Jersey) Regulations 200-. P.86/2009. Lodged: 2nd June 2009.
Minister for Economic Development.
Draft Banking (Depositors Compensation) (Jersey) Regulations 200-. P.87/2009. Lodged: 2nd June 2009.
Minister for Economic Development.
Draft Foundations (Amendment) (Jersey) Regulations 200-. P.88/2009. Lodged: 2nd June 2009.
Minister for Economic Development.
Draft Foundations (Continuance) (Jersey) Regulations 200-. P.89/2009. Lodged: 2nd June 2009.
Minister for Economic Development.
Draft Companies (Takeovers and Mergers Panel) (Amendment of Law) (Jersey) P.91/2009. Regulations 200-.
Lodged: 2nd June 2009.
Minister for Economic Development.
Draft Income Support (Amendment No. 4) (Jersey) Regulations 200-. P.93/2009. Lodged: 2nd June 2009.
Minister for Social Security.
Ratification of the Agreement for the exchange of information relating to tax matters P.94/2009. between the States of Jersey and France.
Lodged: 3rd June 2009.
Chief Minister.
Cannot be debated until 15th July 2009
Ratification of the Agreement for the exchange of information relating to tax matters P.95/2009. between the States of Jersey and Ireland.
Lodged: 3rd June 2009.
Chief Minister.
Cannot be debated until 15th July 2009
Ratification of the Agreement for the exchange of information relating to tax matters P.96/2009. between the States of Jersey and the United Kingdom.
Lodged: 3rd June 2009.
Chief Minister.
Cannot be debated until 15th July 2009
Draft Taxation (Exchange of Information with Third Countries) (Amendment No. 3) P.97/2009. (Jersey) Regulations 200-.
Lodged: 3rd June 2009.
Chief Minister.
Cannot be debated until 15th July 2009
Jersey Financial Services Commission: appointment of Chairman. P.101/2009. Lodged: 17th June 2009.
Minister for Economic Development.
8th September 2009
Property and Infrastructure Regeneration: the States of Jersey Development Company P.79/2009. Limited.
Lodged: 2nd June 2009.
Council of Ministers.
Property and Infrastructure Regeneration: the States of Jersey Development Company P.79/2009. Limited (P.79/2009) – amendment. Amd. Lodged: 8th June 2009.
Connétable of St. Helier .
THE STATES rose at 12.12 p.m.
M.N. DE LA HAYE Greffier of the States