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States Minutes 15th February 2011

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THE STATES assembled on Tuesday 15th February 2011, at 09.30 a.m. under the Presidency of the Bailiff ,

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 –

Connétable Michael Keith Jackson of St. Brelade – en défaut

Deputy John Alexander Nicholas Le Fondré of St. Lawrence – en défaut

Deputy Daniel John Arabin Wimberley of St. Mary – en défaut (défaut raised at 9.50 a.m.)

__________________

Prayers read by the Dean Substitute __________________

Subordinate enactments tabled

The following enactments were tabled, namely –

Road Racing (Karts) (Jersey) Order 2011.  R&O.16/2011. Minister for Transport and Technical Services.

Road Traffic ( Trinity ) (Amendment No. 6) (Jersey) Order 2011.  R&O.17/2011. Minister for Transport and Technical Services.

Employment (Minimum Wage) (Amendment No. 4) (Jersey) Order 2011.  R&O.18/2011. Minister for Social Security.

Community Provisions (Restrictive Measures – Zimbabwe) (No. 6)  R&O.19/2011. (Amendment No. 3) (Jersey) Order 2011.

Chief Minister.

Documents presented or laid

Composition of the States: implementation of remaining Clothier reforms – referendum  P.3/2011. (P.3/2011) – comments.  Com. Presented: 14th February 2011.

Council of Ministers.

Cold weather payments: amendment to income support (P.4/2011) – comments.  P.4/2011. Presented: 14th February 2011.  Com. Council of Ministers.

91   Price code: B

Cold weather payments: amendment to income support (P.4/2011) – comments.  P.4/2011. Presented: 15th February 2011.  Com.(2) Minister for Planning and Environment.

Cold weather payments: amendment to income support (P.4/2011) – comments.  P.4/2011. Presented: 15th February 2011.  Com.(3) Minister for Social Security.

Minister for Treasury and Resources: request to Chief Minister to lodge proposition for  P.16/2011. dismissal – petition (P.16/2011) – comments.  Com. Presented: 14th February 2011.

Chief Minister.

Minister for Treasury and Resources: request to Chief Minister to lodge proposition for  P.16/2011. dismissal – petition (P.16/2011) – comments.  Com.(2) Presented: 14th February 2011.

Council of Ministers.

Historical Child Abuse: request to Council of Ministers (P.19/2011) – comments.  P.19/2011. Presented: 14th February 2011.  Com. Education and Home Affairs Scrutiny Panel.

States of Jersey Law 2005: delegation of functions – Treasury and Resources February  R.10/2011. 2011.

Presented: 7th February 2011.

Minister for Treasury and Resources.

Making Jersey Safer: States of Jersey Police – Policing Plan 2011.  R.11/2011. Presented: 8th February 2011.

Minister for Home Affairs.

States of Jersey Law 2005: delegation of functions – Economic Development February  R.12/2011. 2011.

Presented: 9th February 2011.

Minister for Economic Development.

Jersey Police Complaints Authority: report for 2010.  R.13/2011. Presented: 11th February 2011.

Minister for Home Affairs.

Notification of lodged propositions

North of Town Masterplan (Revised) (P.190/2010): fourth amendment.  P.190/2010. Lodged: 15th February 2011.  Amd.(4) Deputy of St. Mary .

Cold weather payments: amendment to income support (P.4/2011) – amendment.  P.4/2011. Lodged: 8th February 2011.  Amd. Senator B.E. Shenton.

STATES MINUTES

Historical Child Abuse: request to Council of Ministers (P.19/2011) – amendment. Lodged: 15th February 2011.

Deputy of St. Martin .

Green waste from commercial operators: introduction of charge. Lodged: 4th February 2011.

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

Importation of Fireworks in 2007 for a Charity Event: investigation. Lodged: 8th February 2011.

Deputy of St. John .

Elected members' access to information: media releases. Lodged: 14th February 2011.

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

Income Tax: introduction of higher rate. Lodged: 14th February 2011.

Deputy G.P. Southern of St. Helier .

Esplanade Quarter: deferment of works. Lodged: 15th February 2011.

Deputy of St. John .


15th February 2011

P.19/2011. Amd.

P.20/2011. (re-issue)

P.21/2011. P.22/2011. P.23/2011. P.24/2011.

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 –

Esplanade Quarter: deferment of works.  P.181/2010. Lodged: 7th December 2010.

Deputy of St. John .

Minister for Housing

Deputy Andrew Kenneth Francis Green of St. Helier was nominated by the Chief Minister.

Deputy Geoffrey Peter Southern of St. Helier was nominated by Deputy Judith Ann Martin of St. Helier .

In accordance with Standing Order 117, each candidate made a speech and was questioned prior to a ballot being held.

THE STATES, having proceeded to a secret ballot, were informed of the following results by the Bailiff

Deputy Andrew Kenneth Francis Green of St. Helier 36 Deputy Geoffrey Peter Southern of St. Helier 15

The Bailiff accordingly declared that Deputy Andrew Kenneth Francis Green of St. Helier had been duly elected as the Minister for Housing.

Corporate Services scrutiny panel: appointment of member

In accordance with the provisions of Standing Order 125(1), the Deputy of St. John , Chairman of the Environment Scrutiny Panel, nominated Deputy Sean Seamus Patrick Augustine Power of St. Brelade as a member of the Environment Scrutiny Panel.

There being no other nominations, the Bailiff declared that Deputy Sean Seamus Patrick Augustine Power of St. Brelade had been duly appointed as an elected member of the Environment Scrutiny Panel.

Arrangement of business for the current meeting

THE STATES, adopting a proposition of the Chief Minister, agreed that he be given leave by the Assembly to make a statement on a matter of official responsibility before the start of question time.

Members present voted as follows –

POUR: 31 CONTRE: 12 ABSTAIN: 3

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

Senator P.F.C. Ozouf Senator T.J. Le Main Senator B.E. Shenton Senator F.E. Cohen

Senator J.L. Perchard Senator A. Breckon

Senator S.C. Ferguson Senator A.J.H. Maclean Senator B.I. Le Marquand Senator F. du H. Le Gresley Connétable of St. Ouen Connétable of Trinity Connétable of Grouville Connétable of St. Clement Connétable of St. Peter Deputy R.C. Duhamel (S) Deputy of St. Martin

Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy of St. Ouen

Deputy of Grouville

Deputy of St. Peter

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 A.K.F. Green (H) Deputy J.M. Maçon (S)


Connétable of St. Lawrence Deputy J.A. Martin (H)

Deputy G.P. Southern (H)

Deputy P.V.F. Le Claire (H) Deputy S.S.P.A. Power (B) Deputy S. Pitman (H)

Deputy of St. John

Deputy of St. Mary

Deputy T.M. Pitman (H)

Deputy T.A. Vallois (S)

Deputy M.R. Higgins (H)

Deputy D.J. De Sousa (H)


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

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

The Chief Minister made a statement regarding zero-ten.

Written Questions

(see Official Report/Hansard)

The Chief Minister tabled an answer to a question asked by the Deputy of St. John regarding the use of self-employed or agency staff.

The Minister for Social Security tabled an answer to a question asked by Senator F. du H. Le Gresley regarding claims for the GST Food Costs Bonus in 2010.

The Chief Minister tabled an answer to a question asked by Deputy P.V.F. Le Claire of St. Helier regarding the roles and responsibilities of Assistant Ministers.

The Minister for Treasury and Resources tabled an answer to a question asked by the Connétable of Grouville regarding the future of the former Jersey College for Girls site.

The Chief Minister tabled an answer to a question asked by Senator B.E. Shenton regarding the work involved in preparing answers for States meetings.

The Chief Minister tabled an answer to a question asked by Deputy P.V.F. Le Claire of St. Helier regarding the new Migration legislation.

The Chairman of the Comité des Connétable s tabled an answer to a question asked by Senator J.L. Perchard regarding parish recycling schemes.

The Minister for Planning and Environment tabled an answer to a question asked by the Deputy of St. Martin regarding access to properties under the Water (Jersey) Law 1972.

The Chief Minister tabled an answer to a question asked by the Deputy of St. Martin regarding the Napier Terms of Reference.

The Minister for Treasury and Resources tabled an answer to a question asked by Senator F. du H. Le Gresley regarding the funding of a Committee of Inquiry.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the future of zero/ten.

The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding weekly benefits payments.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the tax transparency of the Island.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding foreign owned non-finance companies subject to 0% tax.

The Minister for Planning and Environment tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the Odeon Cinema site.

The Chief Minister tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the cost of advice on EU issues over the past 5 years.

The Minister for Transport and Technical Services tabled an answer to a question asked by the Deputy of St. Mary regarding the Liquid Waste Strategy.

The Minister for Health and Social Services tabled an answer to a question asked by the Deputy of St. Mary regarding trends in activity within certain sections of the Hospital.

The Chairman of the Privileges and Procedures Committee tabled an answer to a question asked by the Deputy of St. Mary regarding facilities for States members.

The Minister for Health and Social Services tabled an answer to a question asked by the Deputy of St. Mary regarding health screening for residents in the vicinity of the Energy from Waste Plant.

The  Minister  for  Economic  Development  tabled  an  answer  to  a  question  asked  by  the Deputy of St. Mary regarding funding for repairs at Gorey Pier.

Oral Questions

(see Official Report/Hansard)

Deputy T.M. Pitman of St. Helier asked a question of the Minister for Economic Development regarding the rates paid to the Harbours and Airport Shadow Board.

The Deputy of St. John asked a question of the Minister for Education, Sport and Culture regarding charges for early years education.

The Deputy of St. Mary asked a question of the Assistant Minister for Transport and Technical Services regarding the criteria for the purchase of new buses.

Deputy P.V.F. Le Claire of St. Helier asked a question of the Minister for Treasury and Resources regarding zero/ten.

Senator S.C. Ferguson asked a question of the Minister for Health and Social Services regarding middle grade doctors' posts at the Hospital.

Deputy G.P. Southern of St. Helier asked a question of the Minister for Treasury and Resources regarding the total income tax paid in 2009 by the finance sector at 10% and utilities at 20%.

Deputy M.R. Higgins of St. Helier asked a question of the Minister for Economic Development regarding increased lending for businesses.

The Deputy of St. Martin asked a question of the Chief Minister regarding the Terms of Reference of the Napier report.

The Deputy of St. Martin asked a question of the Minister for Home Affairs regarding the cost of the Metropolitan Police Review of the Haut de la Garenne investigation and of redacting the Wiltshire Report.

Senator S.C. Ferguson asked a question of the Minister for Health and Social Services regarding the reorganisation of middle-grade doctors and surgeons.

The Deputy of St. Mary asked a question of the Minister for Planning and Environment regarding a pollution incident which occurred in early 2009 at La Collette during construction of the Energy from Waste Plant.

Deputy G.P. Southern of St. Helier asked a question of the Minister for Treasury and Resources regarding an alternative to the use of deemed distribution under zero/ten.

Deputy T.M. Pitman of St. Helier asked a question of the Minister for Treasury and Resources regarding fair and equitable taxation practices.

Deputy M.R. Higgins of St. Helier asked a question of the Minister for Health and Social Services regarding doctors currently working under restrictions.

Oral Questions without notice (see Official Report/Hansard)

The Minister for Education, Sport and Culture answered questions without notice from members. The Minister for Health and Social Services answered questions without notice from members.

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

The Minister for Economic Development made a statement regarding the regulation of Channel Island ferry services.

Minister for Treasury and Resources: request to Chief Minister to lodge proposition for dismissal – petition P.16/2011

THE STATES commenced consideration of a proposition of Deputy Geoffrey Peter Southern of St. Helier concerning a request to the Chief Minister to bring a proposition asking the States to dismiss the Minister for Treasury and Resources.

Adjournment

THE STATES adjourned, having agreed to reconvene on Wednesday 16th February 2011, to continue consideration of the proposition of Deputy Geoffrey Peter Southern of St. Helier entitled "Minister for Treasury and Resources: request to Chief Minister to lodge proposition for dismissal – petition" (P.16/2011) and the outstanding items of public business.

THE STATES rose at 5.32 p.m.

M.N. DE LA HAYE Greffier of the States