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States Minutes 22nd November 2011 (Re-issue)

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THE STATES assembled on Tuesday 22nd November 2011, at 09.30 a.m. under the Presidency of the Bailiff ,

Michael Cameron St. John Birt Esquire. __________________

His Excellency the Lieutenant Governor, General Sir John McColl, K.C.B., C.B.E., D.S.O. was present.

__________________

All members were present at roll call with the exception of –

Senator Bryan Ian Le Marquand – ill

Connétable Philip John Rondel of St. John – excused attendance

Deputy Trevor Mark Pitman of St. Helier – en défaut (défaut raised at 9.49 a.m.)

__________________

Prayers __________________

Subordinate enactments tabled

The following enactments were tabled, namely –

Shops (Regulation of Opening) (Fête dé Noué 2011) (Jersey) Order 2011.  R&O.148/2011. Minister for Economic Development.

Regulation of Undertakings and Development (Return of Employers)  R&O.149/2011. (Amendment) (Jersey) Order 2011.

Minister for Economic Development.

Community Provisions (Implementation of the mandate of the International  R&O.150/2011. Criminal Tribunal for the former Yugoslavia) (Revocation) (Jersey) Order

2011.

Chief Minister.

Community Provisions (Restrictive Measures – Democratic Republic of the  R&O.151/2011. Congo) (Jersey) Order 2011.

Chief Minister.

Extradition (Application to Customs and Excise) (Jersey) Order 2011.  R&O.152/2011. Minister for Home Affairs.

Firearms (General Provisions) (Jersey) Order 2011.  R&O.153/2011. Minister for Home Affairs.

Police Procedures and Criminal Evidence (Application to Customs and Excise)  R&O.154/2011. (Amendment No. 2) (Jersey) Order 2011.

Minister for Home Affairs.

(Re-issue)  775   Price code: B

Architects (Registration) (General Provisions) (Jersey) Order 2011.  R&O.155/2011. Minister for Economic Development.

Sex Offenders (Travel Notification Requirements) (Jersey) Order 2011.  R&O.156/2011. Minister for Home Affairs.

Sex Offenders (Prescribed Jurisdictions) (Jersey) Order 2011.  R&O.157/2011. Minister for Home Affairs.

Income Tax (Superannuation Funds) (Amendment No. 5) (Jersey) Order 2011.  R&O.158/2011. Minister for Treasury and Resources.

Social Security (Collection of Contributions) (Amendment No. 2) (Jersey)  R&O.159/2011. Order 2011.

Minister for Social Security.

Social Security (Contributions) (Amendment No. 9) (Jersey) Order 2011.  R&O.160/2011. Minister for Social Security.

Social Security (General Benefit) (Amendment No. 3) (Jersey) Order 2011.  R&O.161/2011. Minister for Social Security.

Community Provisions (Restrictive Measures – Syria) (Amendment No. 8)  R&O.162/2011. (Jersey) Order 2011.

Chief Minister.

Documents presented or laid

Reform of Jersey law relating to security interest in movable property – Stage 2:  R.137/2011. extension to tangible movables – White Paper.

Presented: 16th November 2011.

Minister for Economic Development.

Government Actuary's Report on the financial condition of the Health Insurance Fund as  R.138/2011. at 31st December 2007.

Presented: 18th November 2011.

Minister for Social Security.

Energy Efficiency Service: Phase 1 Report.  R.139/2011. Presented: 18th November 2011.

Minister for Planning and Environment.

Succession Planning within the States of Jersey Police (S.R.7/2011): response of the  S.R.7/2011. Minister for Home Affairs.  Res. Presented: 17th November 2011.

Minister for Home Affairs.

Issues surrounding the review of financial management of Operation Rectangle.  S.R.16/2011. Presented: 9th November 2011.

Education and Home Affairs Scrutiny Panel.

Report on the Accounts of the States of Jersey for the year ended 31st December 2010.  P.A.C.3/2011. Presented: 11th November 2011.

Public Accounts Committee.

Notification of lodged propositions

Draft Criminal Justice (International Co-operation) (Amendment No. 2) (Jersey) Law  P.181/2011. 201-.

Lodged: 15th November 2011.

Minister for Home Affairs.

Draft States of Jersey Police Force Law 201-.  P.182/2011. Lodged: 16th November 2011.

Minister for Home Affairs.

Minimum Wage: revised hourly rate from 1st April 2012.  P.183/2011. Lodged: 22nd November 2011.

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 –

Jersey Business Venture: future role.  P.150/2011. Lodged: 5th September 2011.

Senator A. Breckon.

Privileges and Procedures Committee: appointment of Chairman

The Connétable of St. Helier was nominated by Senator Sir Philip Bailhache .

Deputy Montfort Tadier of St. Brelade was nominated by Senator Francis du Heaume Le Gresley.

The Connétable of St. Mary was nominated by the Deputy of Trinity .

Deputy Gerard Clifford Lemmens Baudains of St. Clement was nominated by Deputy Roy George Le Hérissier of St. Saviour .

In accordance with Standing Order 118, 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

The Connétable of St. Helier  12 Deputy Montfort Tadier of St. Brelade  8 The Connétable of St. Mary  20 Deputy Gerard Clifford Lemmens Baudains of St. Clement  7

In accordance with Standing Order 118(8) Deputy Gerard Clifford Lemmens Baudains of St. Clement , the candidate in receipt of the lowest number of votes withdrew, and a second secret ballot was then held.

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

The Connétable of St. Helier  14 Deputy Montfort Tadier of St. Brelade  13 The Connétable of St. Mary  20

In accordance with Standing Order 118(8) Deputy Montfort Tadier of St. Brelade , the candidate in receipt of the lowest number of votes withdrew, and a third secret ballot was then held.

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

The Connétable of St. Helier  22 The Connétable of St. Mary  21

There were 2 spoilt papers.

The Bailiff accordingly declared that the Connétable of St. Helier had been duly appointed as the Chairman of the Privileges and Procedures Committee.

Public Accounts Committee: appointment of Chairman

In accordance with the provisions of Standing Order 119(1), Senator Sarah Craig Ferguson nominated Deputy Tracey Anne Vallois of St. Saviour as the Chairman of the Public Accounts Committee.

There being no other nominations, the Bailiff , in accordance with Standing Order 119(2) declared that Deputy Tracey Anne Vallois of St. Saviour had been duly appointed as the Chairman of the Public Accounts Committee.

Corporate Services Scrutiny Panel: appointment of Chairman

In accordance with the provisions of Standing Order 120(1), Deputy John Alexander Nicholas Le Fondré of St. Lawrence nominated Senator Sarah Craig Ferguson as the Chairman of the Corporate Services Scrutiny Panel.

There being no other nominations, the Bailiff declared that Senator Sarah Craig Ferguson had been duly appointed as the Chairman of the Corporate Services Scrutiny Panel.

Economic Affairs Scrutiny Panel: appointment of Chairman

In  accordance  with  the  provisions  of  Standing  Order  120(1),   Deputy  Roderick  Gordon  Bryans  of St. Helier nominated the Deputy of St. Martin as the Chairman of the Economic Affairs Scrutiny Panel.

There being no other nominations, the Bailiff declared that the Deputy of St. Martin had been duly appointed as the Chairman of the Economic Affairs Scrutiny Panel.

Education and Home Affairs Scrutiny Panel: appointment of Chairman

In accordance with the provisions of Standing Order 120(1), Deputy Jacqueline Ann Hilton of St. Helier nominated Deputy Jeremy Martin Maçon of St. Saviour as the Chairman of the Education and Home Affairs Scrutiny Panel.

There being no other nominations, the Bailiff declared that Deputy Jeremy Martin Maçon of St. Saviour had been duly appointed as the Chairman of the Education and Home Affairs Scrutiny Panel.

Environment Scrutiny Panel: appointment of Chairman

In accordance with the provisions of Standing Order 120(1), the Deputy of St. Martin nominated Deputy John Hilary Young as the Chairman of the Environment Scrutiny Panel.

There being no other nominations, the Bailiff declared that Deputy John Hilary Young had been duly appointed as the Chairman of the Environment Scrutiny Panel.

Health, Social Security and Housing Scrutiny Panel: appointment of Chairman

There were no nominations for the vacancy of Chairman of the Health, Social Security and Housing Scrutiny Panel.

Arrangement of business for the present meeting

THE STATES rejected a proposition of Deputy Montfort Tadier of St. Brelade that the Assembly should adjourn until 1.15 p.m. to allow Members to come forward with nominations for the Chairman of the Health, Social Security and Housing Scrutiny Panel.

Members present voted as follows –

POUR: 22 CONTRE: 24 ABSTAIN: 0

Senator A. Breckon

Senator F. du H. Le Gresley Connétable of Trinity Connétable of St. Clement Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin Deputy R.C. Duhamel (S) Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of St. Ouen

Deputy J.A.N. Le Fondré (L) Deputy M. Tadier (B) Deputy T.M. Pitman (H) Deputy M.R. Higgins (H) Deputy A.K.F. Green (H) Deputy J.M. Maçon (S) Deputy J.H. Young (B) Deputy of St. Martin

(Re-issue)


Senator P.F. Routier

Senator P.F.C. Ozouf

Senator S.C. Ferguson

Senator A.J.H. Maclean

Senator I.J. Gorst

Senator L.J. Farnham

Senator P.M. Bailhache

Connétable of St. Helier

Connétable of Grouville

Connétable of St. Peter

Connétable of St. Lawrence Connétable of St. Mary

Connétable of St. Saviour

Deputy R.G. Le Hérissier (S) Deputy of Grouville

Deputy J.A. Hilton (H)

Deputy of Trinity

Deputy S. Pitman (H)

Deputy K.C. Lewis (S)

779

STATES MINUTES

Deputy R.G. Bryans (H) Deputy of St. Peter Deputy R.J. Rondel (H)


22nd November 2011

  Deputy E.J. Noel (L)

  Deputy T.A. Vallois (S)

  Deputy G.C.L. Baudains (C)   Deputy S.J. Pinel (C)

  Deputy of St. Mary

Jersey Overseas Aid Commission – election of Chairman

Senator Paul Francis Routier was nominated by Senator Ian Joseph Gorst .

Deputy Trevor Mark Pitman of St. Helier was nominated by Deputy Tracey Anne Vallois of St. Saviour .

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

Senator Paul Francis Routier  33 Deputy Trevor Mark Pitman of St. Helier  13

The Bailiff accordingly declared that Senator Paul Francis Routier had been duly appointed as the Chairman of the Jersey Overseas Aid Commission.

Health, Social Security and Housing Scrutiny Panel: appointment of Chairman

In accordance with the provisions of Standing Order 120(1), Deputy Susan Jane Pinel of St. Clement nominated the Deputy of St. Peter as the Chairman of the Health, Social Security and Housing Scrutiny Panel.

There being no other nominations, the Bailiff declared that the Deputy of St. Peter had been duly appointed as the Chairman of the Health, Social Security and Housing Scrutiny Panel.

Adjournment

THE STATES adjourned, having agreed to reconvene on Thursday 24th November 2011 to consider the remaining nominations for Committee and Scrutiny Panel members.

THE STATES rose at 12.20 p.m.

M.N. DE LA HAYE

Greffier of the States ____________________________________________________________________________________ Re-issue Note

This set of States Minutes is re-issued because the Act on page 779 headed "Environment Scrutiny Panel: appointment of Chairman" was inadvertently omitted from the Minutes as originally published.