States Minutes 21st January 2009

THE STATES assembled on Wednesday 21st January 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 –

S e nator Stuart Syvret – en défaut (défaut raised at 9.47  a.m.)

S e nator Philip Francis Cyril Ozouf – en défaut (défaut raised at 9.50  a.m.)

S e nator Terence John Le  Main – en défaut

S e nator Frederick Ellyer Cohen – en défaut (défaut raised at 9.47 a.m.)

C o nnétable Michael Keith Jackson of St. Brelade – en défaut (défaut raised at 9.47 a.m.) D e puty Daniel John Arabin Wimberley of St. Mary – en défaut (défaut raised at 9.37 a.m.)

Prayers read by the Deputy Greffier of the States

Notification of lodged propositions

Woolworths employees: payment of statutory notice periods. P.9/2009. Lodged: 21st January 2009.

Deputy G.P. Southern of St. Helier.

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the proposer of the following proposition lodged "au Greffe" had informed the Greffier of the States that it had been withdrawn –

Draft Health and Safety at Work (Amendment No. 4) (Jersey) Law 200-. P.170/2008. Lodged: 4th November 2008.

Minister for Social Security.

Woolworths employees: redundancy payments P.2/2009

THE STATES resumed consideration of a proposition of Deputy Geoffrey Peter Southern of St. Helier concerning redundancy payments for Woolworths employees (Woolworths employees: redundancy payments' (P.2/2009) lodgedau Greffe' on 5th January 2009) and an amendment of Senator Alan Breckon that for the figure "£139,500" there should be substituted the figure "up to £289,500" and the proposition should be renumbered as paragraph (a) and after that paragraph there should be inserted the following new paragraphs–

"(b) to request the Minister for Treasury and Resources to register and pursue a claim for up to

£289,500 relating to the payments referred to in paragraph  (a) with the Joint Administrators of Woolworths plc., namely Mr.  Neville Kahn, Mr.  Daniel Butters and Mr.  Nick Dargan of Deloitt LLP, P.O. Box 810, 66 Shoe Lane, London, EC4A 3WA;

(c) to request the Minister for Social Security to seek the assistance of the Jersey Advisory and Conciliation Service to verify –

1. w  h ether appropriatenotice payments have beenmadeto former Woolworthsemployees in Jersey in accordance with the requirementsof the Employment(Jersey)Law 2003; and
2. h o w such payments compare to the termsandconditions and payments made in relation

the redundancy of employees of the company in the United Kingdom."

THE STATES, after discussion, adopted a proposition of Senator Philip Francis Cyril Ozouf that the Assembly move to the consideration of the next item on the Order Paper.

Members present voted as follows –

POUR: 30 CONTRE: 18 ABSTAIN: 0

Senator T.A. Le  Sueur Senator P.F. Routier Senator P.F.C. Ozouf Senator J.L. Perchard Senator S.C. Ferguson Senator A.J.D. Maclean

Senator B.I. Le  Marquand Connétable of St. Ouen Connétable of Trinity Connétable of Grouville Connétable of St. Brelade Connétable of St. John Connétable of St. Saviour Connétable of St. Clement Connétable of St. Peter Connétable of St. Mary Deputy R.C. Duhamel (S) Deputy of St.  Martin

Deputy J.B. Fox (H)

Deputy of St.  Ouen

Deputy of Grouville

Deputy of  St.  Peter

Deputy J.A.N. Le  Fondré (L) Deputy of Trinity

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

Deputy A.E. Jeune (B) Deputy A.T. Dupré (C) Deputy E.J. Noel (L)

Deputy J.M. Maçon (S)

Senator B.E. Shenton Senator A. Breckon Connétable of St. Helier Connétable of St. Martin Connétable of St. Lawrence Deputy R.G. Le  Hérissier (S)

Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy J.A. Hilton (H) Deputy P.V.F. Le  Claire (H) Deputy S. Pitman (H) Deputy M. Tadier (B) Deputy of St.  Mary

Deputy T.M. Pitman (H) Deputy T.A. Vallois (S) Deputy M.R. Higgins (H) Deputy A.K.F. Green (H) Deputy D.J. De  Sousa (H)

The Deputy of St.  John, in accordance with the provisions of Standing Order 106(1)(a), declared an interest and withdrew from the Chamber for the duration of the debate.

Ratification of the Agreement for the Exchange of Information Relating to Tax Matters between the Federal Republic of Germany and the States of Jersey P.171/2008

THE STATES, adopting a proposition of the Chief Minister, agreed to ratify the Agreement for the Exchange of Information Relating to Tax Matters between the Federal Republic of Germany and the States of Jersey as set out in the Appendix to the report of the Chief Minister dated 16th October 2008.

Draft Taxation (Exchange of Information with Third Countries) (Amendment) (Jersey) Regulations 200- P.172/2008

THE STATES commenced consideration of the Draft Taxation (Exchange of Information with Third Countries) (Amendment) (Jersey) Regulations 200- and adopted the principles.

Members present voted as follows –

POUR: 33 CONTRE: 0 ABSTAIN: 0

Senator T.A. Le  Sueur Senator P.F. Routier

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. Brelade 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 J.B. Fox (H)

Deputy of St.  Ouen

Deputy of Grouville

Deputy of St.  Peter

Deputy J.A. Hilton (H) Deputy J.A.N. Le  Fondré (L) Deputy S.S.P.A. Power (B) Deputy K.C. Lewis (S) Deputy I.J. Gorst (C)

Deputy A.E. Jeune (B) 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)

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 to 5.

THE STATES, in pursuance of Article 2(1) of the Taxation (Implementation) (Jersey) Law 2004 and paragraph 1.8.5 of the Strategic Plan 2006–2011 approved by the States on 28th June 2006 and following the decision of the States, taken on 21st January 2009, to adopt Projet 171 of 2008, made Regulations entitled the Taxation (Exchange of Information with Third Countries) (Amendment) (Jersey) Regulations 2009.

Draft Protection of Children (Restriction on Supply of Goods) (Jersey) Law 200- P.175/2008

THE STATES commenced consideration of the Draft Protection of Children (Restriction on Supply of Goods) (Jersey) Law 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, and subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Protection of Children (Restriction on Supply of Goods) (Jersey) Law 200-.

Draft Public Employees (Contributory Retirement Scheme) (Existing Members) (Amendment No. 10) (Jersey) Regulations  200- P.176/2008

THE STATES commenced consideration of the Draft Public Employees (Contributory Retirement Scheme) (Existing Members) (Amendment No. 10) (Jersey) Regulations 200- and adopted the principles.

Members present voted as follows –

POUR: 41 CONTRE: 0 ABSTAIN: 0

Senator T.A. Le  Sueur Senator P.F. Routier

Senator P.F.C. Ozouf Senator B.E. Shenton Senator J.L. Perchard Senator A. Breckon

Senator S.C. Ferguson Connétable of St. Ouen Connétable of St. Helier Connétable of Trinity Connétable of Grouville Connétable of St. Brelade 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 of St.  Peter

Deputy J.A. Hilton (H) Deputy of Trinity

Deputy S.S.P.A. Power (B) Deputy K.C. Lewis (S) Deputy I.J. Gorst (C)

Deputy of St.  John

Deputy M. Tadier (B) Deputy A.E. Jeune (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 D.J. De  Sousa (H) Deputy J.M. Maçon (S)

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 to 2.

THE STATES, in pursuance of Article 2 of the Public Employees (Retirement) (Jersey) Law 1967, made Regulations entitled the Public Employees (Contributory Retirement Scheme) (Existing Members) (Amendment No. 10) (Jersey) Regulations 2009.

Draft Public Employees (Contributory Retirement Scheme) (New Members) (Amendment No.  13) (Jersey) Regulations 200-  P.177/2008

THE STATES commenced consideration of the Draft Public Employees (Contributory Retirement Scheme) (New Members) (Amendment No. 13) (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 to 4.

THE STATES, in pursuance of Article 2 of the Public Employees (Retirement) (Jersey) Law 1967, made Regulations entitled the Public Employees (Contributory Retirement Scheme) (New Members) (Amendment No. 13) (Jersey) Regulations 2009.

Arrangement of public business for the present meeting

THE STATES, in accordance with Standing Order 87(1), agreed to debate the following propositions at the present meeting.

Planning Applications Panel: appointment of members P.183/2008

THE STATES, adopting a proposition of the Minister for Planning and Environment, agreed to appoint, in accordance with Article 9A(2) of the Planning and Building (Jersey) Law 2002, the following persons as members of the Planning Applications Panel for a period of 3 years with immediate effect –

(a ) C o nnétable Graeme Frank Butcher of St. John;

(b ) D e puty Paul Vincent Francis Le  Claire of St.  Helier; and, (c ) D e puty Jeremy Martin Maçon of St.  Saviour.

Jersey Overseas Aid Commission: appointment of non-States Commissioner P.3/2009

THE STATES, having adopted a proposition of Deputy Ian Joseph Gorst of St.  Clement, Chairman of the Jersey Overseas Aid Commission, agreed to appoint, in accordance with clause  7.4 of the Constitution of the Jersey Overseas Aid Commission as set out in Schedule  1 to the Jersey Overseas Aid Commission (Jersey) Law 2005, Mrs.  Toni Roberts as a Non-States Commissioner for a further period of 3  years.

Jersey Financial Services Commission: appointment of Commissioners P.4/2009

THE STATES commenced consideration of a proposition of the Minister for Economic Development concerning the appointment of Commissioners of the Jersey Financial Services Commission. The Deputy Bailiff , in accordance with the provisions of Standing Order 82, ordered all strangers to withdraw from the precincts of the States and the doors of the Chamber to be closed.

THE STATES, having concluded the debate in camera, proceeded to vote in public assembly and, in pursuance of Article 3 of the Financial Services Commission (Jersey) Law 1998,appointed Messrs. John Clark Averty and Thomas Alastair Clark as Commissioners of the Jersey Financial Services Commission with effect from 20th January 2009 for a period of 3 years.

Chief Officer of the States of Jersey Police: review of procedure regarding suspension P.182/2008

THE STATES commenced consideration of a proposition of the Connétable of St.  Helier concerning a review of the suspension procedure for the Chief Officer of the States of Jersey Police. The Deputy Bailiff , in accordance with the provisions of Standing Order 82, ordered all strangers to withdraw from the precincts of the States and the doors of the Chamber to be closed.

THE STATES, having concluded the debate in camera, proceeded to vote in public assembly and rejected the proposition to request the Minister for Home Affairs to commission a compliance check on the procedures followed by his predecessor, the former Minister for Home Affairs, in suspending the Chief Officer of the States of Jersey Police on 12th November 2008 and to report to the States on the outcome of this compliance check no later than 1st March 2009.

Members present voted as follows –

POUR: 21 CONTRE: 29 ABSTAIN: 1 Senator S. Syvret Senator T.A. Le  Sueur Deputy of St.  John

Senator A. Breckon Senator P.F. Routier

Connétable of St. Helier Senator P.F.C. Ozouf

Connétable of St. Peter Senator B.E. Shenton

Connétable of St. Lawrence Senator F.E. Cohen

Deputy R.C. Duhamel (S) Senator J.L. Perchard

Deputy of St.  Martin Senator A.J.D. Maclean

Deputy R.G. Le  Hérissier (S) Senator S.C. Ferguson

Deputy J.A. Martin (H) Senator B.I. Le  Marquand

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

Deputy of Grouville Connétable of Trinity

Deputy P.V.F. Le  Claire (H) Connétable of Grouville

Deputy S. Pitman (H) Connétable of St. Brelade

Deputy M. Tadier (B) Connétable of St. John

Deputy of St.  Mary Connétable of St. Saviour

Deputy T.M. Pitman (H) Connétable of St. Clement

Deputy T.A. Vallois (S) Connétable of St. Mary

Deputy M.R. Higgins (H) Deputy J.B. Fox (H)

Deputy A.K.F. Green (H) Deputy of St.  Ouen

Deputy D.J. De  Sousa (H) Deputy of  St.  Peter

Deputy J.M. Maçon (S) Deputy J.A. Hilton (H)

Deputy J.A.N. Le  Fondré

(L)

Deputy of Trinity

Deputy S.S.P.A. Power (B)

Deputy K.C. Lewis (S)

Deputy I.J. Gorst (C)

Deputy A.E. Jeune (B)

Deputy A.T. Dupré (C)

Deputy E.J. Noel (L)

Arrangement of public business for future meetings

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) –

3rd February 2009

Draft Gender Recognition (Jersey) Law 200-. P.174/2008. Lodged: 25th November 2008.

Chief Minister.

Draft Gender Recognition (Jersey) Law 200- (P.174/2008): amendment. P.174/2008. Lodged: 20th January 2009. Amd. Chief Minister.

Draft Amendment (No.  10) of the Standing Orders of the States of Jersey. P.179/2008. Lodged: 5th December 2008.

Privileges and Procedures Committee.

Draft Employment (Minimum Wage) (Amendment No.  5) (Jersey) Regulations P.180/2008. 200-.

Lodged: 9th December 2008.

Minister for Social Security.

Ministerial government: review. P.181/2008. Lodged: 10th December 2008.

Deputy of St.  John.

Draft Companies (Amendment No.  10) (Jersey) Law 200-. P.185/2008. Lodged: 23rd December 2008.

Minister for Economic Development.

Draft Companies (Amendment No.  3) (Jersey) Regulations 200-. P.186/2008. Lodged: 23rd December 2008.

Minister for Economic Development.

Rôle of the unelected members of the States: review. P.5/2009. Lodged: 6th January 2009.

Deputy of St.  Martin.

Energy from Waste facility: rescindment. P.8/2009. Lodged: 20th January 2009.

Deputy of St.  Mary.

Woolworths employees: payment of statutory notice periods. P.9/2009. Lodged: 21st January 2009.

Deputy G.P. Southern of St. Helier.

24th February 2009

Draft Sex Offenders (Jersey) Law 200-. P.178/2008. Lodged: 3rd December 2008.

Minister for Home Affairs.

Ann Court Site, St.  Helier: use for sheltered social housing for the over-55s. P.184/2008. Lodged: 23rd December 2008. (re-issue) Deputy J.A. Martin of St.  Helier.

Voisinage and customary law: review. P.1/2009. Lodged: 5th January 2009.

Senator B.E. Shenton.

Draft Summary Fines (Miscellaneous Amendments) (Jersey) Law 200-. P.6/2009. Lodged: 13th January 2009.

Comité des Connétable s.

Property sold by the public: restriction on renting back. P.7/2009. Lodged: 20th January 2009.

Deputy P.V.F. Le Claire of St.  Helier.

24th March 2008

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

Minister for Treasury and Resources.

Draft Income Tax (Amendment No.  32) (Jersey) Law 200- (P.161/2008): P.161/2008. comments. Com. Presented: 25th November 2008.

Corporate Services Scrutiny Panel.

31st March 2008

Rates: the States' liability. P.147/2008. Lodged: 16th September 2008.

Connétable of St. Helier.

Rates: the States' liability (P.147/2008) – comments. P.147/2008. Presented: 16th January 2009. Com. Minister for Treasury and Resources.

La  Pouquelaye old school site: provision of youth and community facilities. P.187/2008. Lodged: 24th December 2008.

Connétable of St. Helier.

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 –

Woolworths employees: redundancy payments. P.2/2009. Lodged: 5th January 2009.

Deputy G.P. Southern of St. Helier.

THE STATES rose at 4.45  p.m.

M.N. DE LA HAYE Greffier of the States