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States Minutes 7th June 2011

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THE STATES assembled on Tuesday 7th June 2011, at 09.30 a.m. under the Presidency of the Deputy Bailiff , William James Bailhache , 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 –

Senator Alan John Henry Maclean – en défaut

Connétable John Le Sueur Gallichan of Trinity – en défaut (défaut raised at 9.48 a.m.) Deputy Geoffrey Peter Southern of St. Helier – en défaut (défaut raised at 9.44 a.m.)

__________________

Prayers __________________

Communications by the Presiding Officer

Report of the Investigatory Powers Commissioner for Regulation of Investigatory  R.69/2011. Powers (Jersey) Law 2005 and Police Procedures and Criminal Evidence (Jersey) Law

2003: 1st January to 31st December 2010.

Presented: 7th June 2011.

Subordinate enactments tabled

The following enactments were tabled, namely –

Road Racing (International Festival of Motoring) (Jersey) Order 2011.  R&O.65/2011. Minister for Transport and Technical Services.

Community Provisions (Restrictive Measures – Belarus) (Amendment) (Jersey)  R&O.69/2011. Order 2011.

Chief Minister.

Community Provisions (Restrictive Measures – Iran) (Amendment) (Jersey)  R&O.70/2011. Order 2011.

Chief Minister.

Community Provisions (Restrictive Measures – Libya) (Amendment No. 6)  R&O.71/2011. (Jersey) Order 2011.

Chief Minister.

Community Provisions (Restrictive Measures – Syria) (Amendment) (Jersey)  R&O.72/2011. Order 2011.

Chief Minister.

317   Price code: C

Documents presented or laid

Pension age: increase (P.58/2011) – comments.  P.58/2011. Presented: 1st June 2011.  Com. Council of Ministers.

Draft Social Security (Amendment No. 20) (Jersey) Law 201- (P.64/2011): amendment  P.64/2011. (P.64/2011 Amd.) – comments.  Amd.Com. Presented: 1st June 2011.

Minister for Social Security.

Draft Social Security (Amendment No. 20) (Jersey) Law 201- (P.64/2011): amendment  P.64/2011. (P.64/2011 Amd.) – comments.  Amd. Presented: 1st June 2011.  Com.(2) Minister for Treasury and Resources.

Draft Repatriation of Prisoners (Jersey) Law 201- (P.67/2011): comments.  P.67/2011. Presented: 6th June 2011.  Com. Education and Home Affairs Scrutiny Panel.

Standing Orders: publication of Register of Members' Interests (P.69/2011) – comments.  P.69/2011. Presented: 25th May 2011.  Com. Privileges and Procedures Committee.

Grant aided Schools: grants (P.72/2011) – comments.  P.72/2011. Presented: 6th June 2011.  Com. Minister for Education, Sport and Culture.

Grant aided Schools: grants (P.72/2011) – comments.  P.72/2011. Presented: 7th June 2011.  Com.(2) Council of Ministers.

Grant aided Schools: grants (P.72/2011) – amendment (P.72/2011 Amd.) – comments.  P.72/2011. Presented: 7th June 2011.  Amd.Com. Minister for Education, Sport and Culture.

Grant aided Schools: grants (P.72/2011) – amendment (P.72/2011 Amd.) – comments.  P.72/2011. Presented: 7th June 2011.  Amd. Council of Ministers.  Com.(2)

Charitable Funds Managed by the States: accounts of the larger charitable funds for the  R.58/2011. year ended 31 December 2010.

Presented: 23rd May 2011.

Comptroller and Auditor General.

Public Records (Jersey) Law 2002: report of the Jersey Heritage Trust and the States  R.59/2011. Archivist during 2010.

Presented: 24th May 2011.

Minister for Education, Sport and Culture.

Land Transactions under Standing Order 168(3) – Warr en Farm, Le Chemin  R.60/2011. de Noirmont, St. Brelade – proposed 9 year lease.

Presented: 26th May 2011.

Minister for Treasury and Resources.

Prison Board of Visitors: Annual Report 2010.  R.61/2011. Presented: 31st May 2011.

Minister for Home Affairs.

Customs and Immigration Service: Annual Report 2010.  R.62/2011. Presented: 31st May 2011.

Minister for Home Affairs.

Health and Social Services Review May 2011: Caring for each other, Caring for  R.63/2011. ourselves – Consultation Paper.

Presented: 31st May 2011.

Minister for Health and Social Services.

Jersey Competition Regulatory Authority: Annual Report 2010.  R.64/2011. Presented: 2nd June 2011.

Minister for Economic Development.

Budget Management Report for the period ended 31st December 2010.  R.65/2011. Presented: 2nd June 2011.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – Jersey Electricity Company  R.66/2011. Substation 686, St. Brelade 's Parish Hall Car Park, St. Brelade – lease.

Presented: 2nd June 2011.

Minister for Treasury and Resources.

Fiscal Stimulus: Financial and Performance Review.  R.67/2011. Presented: 3rd June 2011.

Minister for Treasury and Resources.

Jersey Financial Services Commission: Annual Report 2010.  R.68/2011. Presented: 7th June 2011.

Minister for Economic Development.

States of Jersey Financial Report and Accounts 2010.  R.70/2011. Presented: 7th June 2011.

Minister for Treasury and Resources.

States Employees' Remuneration: 2010.  R.71/2011. Presented: 7th June 2011.

States Employment Board.

States of Jersey Development Company: Selection Process.  S.R.8/2011 Presented: on 3rd June 2011.

Corporate Services Scrutiny Panel.

Notification of lodged propositions

States of Jersey Development Company Limited: appointment of Chairman and Non- P.32/2011. Executive Directors (P.32/2011) – amendment (P.32/2011 Amd.) – amendment.  Amd.Amd. Lodged: 1st June 2011.

Senator B.E. Shenton.

Grant aided Schools: grants (P.72/2011) – amendment.  P.72/2011. Lodged: 31st May 2011.  Amd. Deputy D.J. De Sousa of St. Helier .

Goods and Services Tax: exemption or zero-rating for health foods.  P.81/2011. Lodged: 23rd May 2011.

Deputy S. Pitman of St. Helier .

Draft Companies (Amendment No. 6) (Jersey) Regulations 201-.  P.82/2011. Lodged: 24th May 2011.

Minister for Economic Development.

Public Employees Contributory Retirement Scheme: Committee of Management –  P.83/2011. appointment of Chairman.

Lodged: 26th May 2011.

Minister for Treasury and Resources.

Prison Board of Visitors: composition.  P.84/2011. Lodged: 31st May 2011.

Education and Home Affairs Scrutiny Panel.

Draft Civil Partnership (Jersey) Law 201-.  P.85/2011. Lodged: 31st May 2011.

Chief Minister.

Draft Education (Nursery Fees) (Jersey) Regulations 201-.  P.86/2011. Lodged: 31st May 2011.

Minister for Education, Sport and Culture.

Draft Financial Services Commission (Amendment of Law) (Jersey) Regulations 201-.  P.87/2011. Lodged: 31st May 2011.

Minister for Economic Development.

Draft Security Interests (Jersey) Law 201-.  P.88/2011. Lodged: 31st May 2011.

Minister for Economic Development.

Jersey Consumer Council: establishment as a legal entity.  P.89/2011. Lodged: 1st June 2011.

Minister for Economic Development.

Uplifts in land values: Land Development Tax or equivalent mechanism(s).  P.90/2011. Lodged: 1st June 2011.

Deputy of St. Mary .

Draft Shipping (Registration) (Amendment) (Jersey) Regulations 201-.  P.91/2011. Lodged: 1st June 2011.

Minister for Economic Development.

Request for amendments to U.K. Immigration and Asylum Acts in relation to the Civil  P.92/2011. Partnerships (Jersey) Law 201-.

Lodged: 1st June 2011.

Chief Minister.

Rate Appeal Board: appointment of members.  P.93/2011. Lodged: 2nd June 2011.

Minister for Treasury and Resources.

Draft Medicines (Amendment No. 3) (Jersey) Law 201-.  P.94/2011. Lodged: 2nd June 2011.

Minister for Health and Social Services.

Draft Shops (Regulation of Opening) (Jersey) Regulations 201-.  P.95/2011. Lodged: 3rd June 2011.

Minister for Economic Development.

Draft Shops (Regulation of Opening and Deliveries) (Jersey) Law 2010 (Appointed Day)  P.96/2011. Act 201-.

Lodged: 3rd June 2011.

Minister for Economic Development.

Draft Public Finances (Amendment No. 3) (Jersey) Law 201-.  P.97/2011. Lodged: 6th June 2011.

Minister for Treasury and Resources.

Draft Fire and Rescue Service (Jersey) Law 201-.  P.98/2011. Lodged: 6th June 2011.

Minister for Home Affairs.

Draft States of Jersey (Miscellaneous Provisions) Law 201-: request to Privy Council.  P.99/2011. Lodged: 6th June 2011.

Deputy of Grouville .

Draft Gambling (Jersey) Law 201-.  P.100/2011. Lodged: 6th June 2011.

Minister for Economic Development.

Ratification of the Agreement for the exchange of information relating to tax matters  P.101/2011. between the Government of Jersey and the Government of the Republic of Indonesia.

Lodged: 7th June 2011.

Chief Minister.

Debt Collection Agencies: establishment of a Working Party.  P.102/2011. Lodged: 7th June 2011.

Deputy M. Tadier of St. Brelade .

Council of Ministers' meetings: public access.  P.103/2011. Lodged: 7th June 2011.

Deputy M. Tadier of St. Brelade .

Migration and Population Policy: Review.  P.104/2011. Lodged: 7th June 2011.

Deputy of St. Mary .

Pensions: Survivor's Benefit – Review.  P.105/2011. Lodged: 7th June 2011.

Senator F. du H. Le Gresley.

Draft Medical Practitioners (Registration) (Amendment No. 4) (Jersey) Law 201-.  P.106/2011. Minister for Health and Social Services.

Draft Income Support (Amendment No. 7) (Jersey) Regulations 201-.  P.107/2011. Lodged: 7th June 2011.

Minister for Social Security.

Draft Long-Term Care (Jersey) Law 201-.  P.108/2011. Lodged: 7th June 2011.

Minister for Social Security.

Draft Income Support (Special Payments) (Amendment) (Jersey) Regulations 201-.  P.109/2011. Lodged: 7th June 2011.

Minister for Social Security.

Draft Social Security (Amendment of Law No. 1) (Jersey) Regulations 201-.  P.110/2011. Lodged: 7th June 2011.

Minister for Social Security.

Heath Service Disciplinary Tribunal: appointment of Chairman and members.  P.111/2011. Lodged: 7th June 2011.

Minister for Social Security.

Disciplinary and grievance hearings: right to a friend.  P.112/2011. Lodged: 7th June 2011.

Deputy of St. Martin .

Draft Income Tax (Amendment No. 39) (Jersey) Law 201-.  P.113/2011. Lodged: 7th June 2011.

Minister for Treasury and Resources.

Draft Income Tax (Prescribed Limit and Rate) (Amendment) (Jersey) Regulations 201-.  P.114/2011. Lodged: 7th June 2011.

Minister for Treasury and Resources.

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 –

Pensions: survivor's benefit.  P.70/2011. Lodged: 10th May 2011.

Senator F. du H. Le Gresley.

Written Questions

(see Official Report/Hansard)

The Minister for Planning and Environment tabled an answer to a question asked by Deputy P.V.F. Le Claire of St. Helier regarding units of accommodation within the North of Town Masterplan.

The Minister for Education, Sport and Culture tabled an answer to a question asked by Deputy P.V.F. Le Claire of St. Helier regarding primary school numbers.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy P.V.F. Le Claire of St. Helier regarding Land Transaction Tax.

The Chief Minister tabled an answer to a question asked by Senator J.L. Perchard regarding non-staff costs for WEB.

The Chief Minister tabled an answer to a question asked by Senator J.L. Perchard regarding departmental non-staff costs.

The Minister for Health and Social Services tabled an answer to a question asked by Senator J.L. Perchard regarding departmental non-staff costs.

The Minister for Education, Sport and Culture tabled an answer to a question asked by Senator J.L. Perchard regarding departmental non-staff costs.

The Minister for Home Affairs tabled an answer to a question asked by Senator J.L. Perchard regarding departmental non-staff costs.

The Minister for Health and Social Services tabled an answer to a question asked by the Deputy of St. John regarding the cost of the Department's I.T. package.

The Chairman of Privileges and Procedures Committee tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding relations with the media.

The Minister for Planning and Environment tabled an answer to a question asked by Deputy P.V.F. Le Claire of St. Helier regarding housing sites.

The Minister for Home Affairs tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding voluntary bodies.

The Chief Minister tabled an answer to a question asked by Senator B.E. Shenton regarding Waterfront developments.

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding problems with the Energy from Waste facility.

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding passes for Connex buses.

H.M. Attorney General tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding super injunctions'.

The Minister for Economic Development tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding signs of recovery in the economy.

The Minister for Economic Development tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding copyright law.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy P.V.F. Le Claire of St. Helier regarding the ambulance site.

The Chief Minister tabled an answer to a question asked by the Deputy of St. Martin regarding staff suspensions.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy A.E. Jeune of St. Brelade regarding Consultants in the Accident and Emergency Department.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy A.E. Jeune of St. Brelade regarding the Director of Social Services' pay.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy A.E. Jeune of St. Brelade regarding the Head of Nursing for Emergency and Unscheduled Care.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy A.E. Jeune of St. Brelade regarding the Department's complaints process.

The Chairman of Privileges and Procedures Committee tabled an answer to a question asked by the Deputy of St. Martin regarding the publication of Members' Interests.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy T.A. Vallois of St. Saviour regarding the Central Allocation Fund.

The Chief Minister tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding Interim Managers.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding the taxes paid by 1(1)(k) residents.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding 1(1)(k) residents.

The Chief Minister tabled an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding so-called golden handshakes' paid to prominent civil servants.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy S. Pitman of St. Helier regarding levels of obesity and poor diet.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy S. Pitman of St. Helier regarding cost of illnesses related to poor diets.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy S. Pitman of St. Helier regarding the exemption of healthy' foods from GST.

The Minister for Education, Sport and Culture tabled an answer to a question asked by Deputy S. Pitman of St. Helier regarding healthy eating programmes.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy T.A. Vallois of St. Saviour regarding funding for the Energy from Waste Plant.

The Chief Minister tabled an answer to a question asked by the Deputy of St. Mary regarding the well- being of the Island's population.

The Minister for Planning and Environment tabled an answer to a question asked by the Deputy of St. Mary regarding a development at Wolf's Caves.

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the new summer bus timetable.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the kitchens at Queen's House at St. Saviour 's Hospital.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding nursing accommodation.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the Four Seasons Care Home.

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding litter bins in St. Helier .

The  Minister  for  Economic  Development  tabled  an  answer  to  a  question  asked  by  the Deputy of St. Mary regarding the high cost of living in the Island.

The Minister for Transport and Technical Services tabled an answer to a question asked by the Deputy of St. Mary regarding the limiting of emissions from the Energy from Waste Plant.

The Chief Minister tabled an answer to a question asked by the Deputy of St. Mary regarding stimulation of green energy.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding unemployment figures.

The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding changes to the pension age.

The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding advice from the Government Actuary regarding changes to the Social Security Fund.

The Minister for Economic Development tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the Island's economy.

The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the impact of the Council of Ministers' policies on low- and middle-earning families.

The Chairman of the Privileges and Procedures Committee tabled an answer to a question asked by Deputy S. Pitman of St. Helier regarding the costs of the various debates relating to the role of Senators and future composition of the Assembly.

Oral Questions

(see Official Report/Hansard)

Deputy A.E. Jeune of St. Brelade asked a question of the Minister for Health and Social Services regarding waiting time targets at the Pain Clinic.

The Deputy of St. Martin asked a question of the Minister for Health and Social Services regarding locum doctors.

The Deputy of St. John asked a question of the Minister for Transport and Technical Services regarding an appeal procedure for the new summer bus timetable.

Senator J.L. Perchard asked a question of the Chief Minister regarding severance packages for employees of the States of Jersey.

Deputy T.A. Vallois of St. Saviour asked a question of the Minister for Transport and Technical Services regarding funding for the Energy from Waste plant.

Deputy R.G. Le Hérissier of St. Saviour asked a question of the Chairman of Public Accounts Committee regarding enforceable accountability within the structure of government.

Senator S.C. Ferguson asked a question of the Assistant Minister for Planning and Environment regarding the disposal of solid waste.

Senator B.E. Shenton asked a question of the Minister for Health and Social Services regarding health risks connected with mobile phone use.

Senator F. du H. Le Gresley asked a question of the Minister for Social Security regarding the long-term unemployed.

The Connétable of St. Mary asked a question of the Chief Minister regarding the future of the BBC's Channel Island news service.

Deputy  S. Pitman  of   St. Helier  asked  a  question  of  the  Minister  for Education, Sport and Culture regarding CCTV cameras at Springfield Stadium.

Deputy K.C. Lewis of St. Saviour asked a question of the Minister for Home Affairs regarding the use of the Criminal Offences Confiscations Fund.

Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding employees on work permits and the overall immigration total.

The Deputy of St. Mary asked a question of the Chief Minister regarding the enforcement of debt repayments by the Democratic Republic of Congo.

Deputy M. Tadier of St. Brelade asked a question of the Minister for Education, Sport and Culture regarding disabled facilities and access for students at Highland's college.

Deputy  M.R. Higgins  of   St. Helier  asked  a  question  of  the  Minister  for  Treasury  and  Resources regarding the generation of jobs within the private sector.

Deputy T.M. Pitman of St. Helier asked a question of the Chief Minister regarding golden handshakes' paid to 2 civil servants.

THE STATES rejected a proposition of Deputy Montfort Tadier of St. Brelade that, in accordance with Standing Order 81, the Assembly should conduct consideration of part of the response of the Chief Minister to the abovementioned question of Deputy Trevor Mark Pitman of St. Helier in camera'.

Members present voted as follows –

POUR: 14   CONTRE: 30  ABSTAIN: 1

Senator B.E. Shenton   Senator P.F. Routier  Senator T.A. Le Sueur Senator F. du H. Le Gresley   Senator P.F.C. Ozouf

Deputy R.C. Duhamel (S)   Senator T.J. Le Main

Deputy J.A. Martin (H)   Senator F.E. Cohen

Deputy G.P. Southern (H)   Senator J.L. Perchard

Deputy of St. Ouen   Senator A. Breckon

Deputy of St. Peter   Senator S.C. Ferguson

Deputy J.A.N. Le Fondré (L)   Senator B.I. Le Marquand

Deputy K.C. Lewis (S)   Connétable of St. Ouen

Deputy I.J. Gorst (C)   Connétable of St. Helier

Deputy M. Tadier (B)   Connétable of Trinity

Deputy of St. Mary   Connétable of Grouville

Deputy A.T. Dupré (C)   Connétable of St. Brelade

Deputy M.R. Higgins (H)   Connétable of St. Martin

  Connétable of St. Saviour

  Connétable of St. Peter

  Connétable of St. Lawrence

  Deputy of St. Martin

  Deputy R.G. Le Hérissier (S)

  Deputy J.B. Fox (H)

  Deputy of Grouville

  Deputy J.A. Hilton (H)

  Deputy S.S.P.A. Power (B)

  Deputy S. Pitman (H)

  Deputy of St. John

  Deputy A.E. Jeune (B)

  Deputy T.M. Pitman (H)

  Deputy A.K.F. Green (H)

  Deputy D.J. De Sousa (H)

  Deputy J.M. Maçon (S)

Deputy M. Tadier of St. Brelade asked a question of the Minister for Transport and Technical Services regarding the Island-wide kerb-side collection of recyclables.

The Deputy of St. Martin asked a question of the Deputy Chief Minister regarding the cost of the investigation into a complaint against a senior civil servant.

Oral Questions without notice (see Official Report/Hansard)

The Minister for Planning and Environment answered questions without notice from members. The Chief Minister answered questions without notice from members.

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

The Chairman of the Privileges and Procedures Committee made a statement about the proposal to introduce time limit for speeches.

The Chairman of the Corporate Services (Jersey Development Company: Selection Process) Sub-Panel made a statement regarding the Panel's findings in its review of the selection process.

States of Jersey Development Company Limited: appointment of Chairman and Non-Executive Directors (as amended) P.32/2011

THE STATES commenced consideration of a proposition of the Minister for Treasury and Resources, as amended by his own amendment, concerning the appointment of the Chairman and non-Executive Directors of the States of Jersey Development Company Limited and rejected an amendment of Senator Ben  Edward  Shenton  that  in  paragraph (a)  after  the  words  "Mr. Mark  Boléat  (Non-Executive Chairman)" there should be inserted the words "provided that the appointment of Mr. Mark Boléat as Non-Executive Chairman shall not become effective unless he has, within a maximum of 7 days of the adoption of this proposition, resigned as Chairman of the Jersey Competition Regulatory Authority".

Members present voted as follows –

POUR: 17   CONTRE: 33  ABSTAIN: 1

Senator B.E. Shenton   Senator T.A. Le Sueur   Deputy J.A.N. Le Fondré (L) Senator J.L. Perchard   Senator P.F. Routier

Senator A. Breckon   Senator P.F.C. Ozouf

Senator F. du H. Le Gresley   Senator F.E. Cohen

Deputy R.C. Duhamel (S)   Senator S.C. Ferguson

Deputy R.G. Le Hérissier (S)   Senator B.I. Le Marquand

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

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

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 K.C. Lewis (S)   Connétable of St. Martin

Deputy of St. John   Connétable of St. John

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

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

Deputy M.R. Higgins (H)   Connétable of St. Peter

Deputy J.M. Maçon (S)   Connétable of St. Lawrence

  Connétable of St. Mary

  Deputy of St. Martin

  Deputy J.B. Fox (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 I.J. Gorst (C)

Deputy A.E. Jeune (B)

Deputy of St. Mary

Deputy A.T. Dupré (C)

Deputy E.J. Noel (L)

Deputy T.A. Vallois (S)

Deputy A.K.F. Green (H)

Deputy D.J. De Sousa (H)

THE STATES having resumed consideration of the proposition of the Minister for Treasury and Resources, as amended, agreed to refer to their Act dated 13th October 2010, in which they approved the Memorandum and Articles of Association of The States of Jersey Development Company Limited (the "New Memorandum and Articles") and authorised the Greffier of the States for and on behalf of the States to pass, together with the Treasurer of the States, one or more special resolutions of the company to adopt the New Memorandum and Articles, and –

  1. appointed the following persons as non-executive directors of The States of Jersey Development Company Limited for a period of 3 years in accordance with the New Memorandum and Articles to take effect from the delivery to the company of the notice referred toin paragraph (b) below –

Mr. Mark Boléat (Non-Executive Chairman) Roger Lewis (Non-Executive Director) Nicola Palios (Non-Executive Director) Jurat John Tibbo (Non-Executive Director)

  1. authorised the Greffier of the States for and on behalf of the States to deliver a notice toThe States of Jersey Development Company Limited in accordance with Article 21(b) of the New Memorandum and Articles immediately following the adoption of the New Memorandum and Articles to give effect to such appointments.

Members present voted as follows –

POUR: 34 CONTRE: 13 ABSTAIN: 3

Senator T.A. Le Sueur Senator P.F. Routier Senator P.F.C. Ozouf Senator F.E. Cohen Senator B.I. Le Marquand Connétable of St. Ouen Connétable of St. Helier Connétable of Trinity Connétable of Grouville Connétable of St. Brelade Connétable of St. John Connétable of St. Saviour Connétable of St. Clement


Senator B.E. Shenton

Senator J.L. Perchard

Senator A. Breckon

Senator F. du H. Le Gresley Deputy R.C. Duhamel (S)

Deputy J.A. Martin (H)

Deputy G.P. Southern (H)

Deputy S. Pitman (H)

Deputy M. Tadier (B)

Deputy of St. Mary

Deputy T.M. Pitman (H)

Deputy M.R. Higgins (H)

Deputy J.M. Maçon (S)


Senator S.C. Ferguson Deputy J.A.N. Le Fondré (L) Deputy of St. John

Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary 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 J.A. Hilton (H) Deputy P.V.F. Le Claire (H) 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) Deputy T.A. Vallois (S) Deputy A.K.F. Green (H) Deputy D.J. De Sousa (H)

Pensions payable to retired public employees: proposed amendment to States Act of 11th July 1972 P.55/2011

THE STATES, adopting a proposition of the States Employment Board, agreed to amend their Act dated 11th July 1972 revising pensions to retired public employees, by deleting in paragraph (f) the words ", adjusted to the nearest half of one per cent".

Members present voted as follows –

POUR: 34 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 F. du H. Le Gresley Connétable of St. Ouen Connétable of St. Helier Connétable of Trinity Connétable of St. Brelade Connétable of St. John Connétable of St. Saviour Connétable of St. Lawrence Connétable of St. Mary Deputy R.C. Duhamel (S) Deputy of St. Martin

Deputy R.G. Le Hérissier (S)

Deputy G.P. Southern (H) Deputy of St. Peter

Deputy P.V.F. Le Claire (H) Deputy of Trinity

Deputy S. Pitman (H) Deputy K.C. Lewis (S) Deputy I.J. Gorst (C) Deputy M. Tadier (B) Deputy A.E. Jeune (B) Deputy T.M. Pitman (H) Deputy A.T. Dupré (C) Deputy E.J. Noel (L) Deputy T.A. Vallois (S) Deputy D.J. De Sousa (H) Deputy J.M. Maçon (S)

THE  STATES  noted that, in accordance with the provisions of Standing Order 106(1)(a), Deputy Andrew Kenneth Francis Green of St. Helier declared an interest and withdrew from the Chamber for the duration of the debate.

Draft Cremation (Amendment No. 15) (Jersey) Regulations 201- P.56/2011

THE STATES commenced consideration of the Draft Cremation (Amendment No. 15) (Jersey) Regulations 201- 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 11.

THE STATES, in pursuance of Article 3 of the Cremation (Jersey) Law 1953, made Regulations entitled the Cremation (Amendment No. 15) (Jersey) Regulations 2011.

Draft Sea Fisheries (Licensing of Fishing Boats) (Amendment No. 5) (Jersey) Regulations 201- P.57/2011

THE STATES commenced consideration of the Draft Sea Fisheries (Licensing of Fishing Boats) (Amendment No. 5) (Jersey) Regulations 201- and adopted the principles.

Members present voted as follows –

POUR: 38 CONTRE: 2 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator B.E. Shenton Senator A. Breckon Senator S.C. Ferguson Senator B.I. Le Marquand Senator F. du H. Le Gresley Connétable of St. Ouen Connétable of St. Helier


Senator T.J. Le Main Deputy of St. John

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. Lawrence 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 J.A. Hilton (H) Deputy P.V.F. Le Claire (H) Deputy J.A.N. Le Fondré (L) Deputy S.S.P.A. Power (B) Deputy S. Pitman (H) Deputy K.C. Lewis (S) Deputy I.J. Gorst (C) Deputy M. Tadier (B) Deputy A.E. Jeune (B) 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 3.

THE STATES, in pursuance of Articles 7, 12, 25, 26, 27 and 29 of the Sea Fisheries (Jersey) Law 1994, made Regulations entitled the Sea Fisheries (Licensing of Fishing Boats) (Amendment No. 5) (Jersey) Regulations 2011.

Parish Assemblies: Information Pack P.60/2011

THE STATES commenced consideration of a proposition of Deputy Montfort Tadier of St. Brelade , as amended by his own amendment, concerning an information pack relating to Parish Assemblies and rejected an amendment of the Deputy of St. John that in paragraph (a) after sub-paragraph (viii) there should be inserted a new sub-paragraph as follows –

"(ix) the role of the Parish Deputy (or Deputies) in relation to the parish, the relationship

of the Parish Deputy (or Deputies) to other members of the municipality and the manner in which the Deputy (or Deputies) is treated during official parish functions;".

and the existing paragraph (ix) renumbered accordingly.

STATES MINUTES

Members present voted as follows –

POUR: 13   CONTRE: 29

Senator A. Breckon   Senator P.F. Routier

Senator B.I. Le Marquand   Senator P.F.C. Ozouf Connétable of St. Ouen   Senator T.J. Le Main Connétable of St. Helier   Senator B.E. Shenton Connétable of St. John   Senator S.C. Ferguson Deputy R.C. Duhamel (S)   Senator F. du H. Le Gresley Deputy of St. Martin   Connétable of Trinity Deputy R.G. Le Hérissier (S)   Connétable of Grouville Deputy G.P. Southern (H)   Connétable of St. Brelade Deputy J.A. Hilton (H)   Connétable of St. Saviour Deputy K.C. Lewis (S)   Connétable of St. Clement Deputy of St. John   Connétable of St. Lawrence Deputy T.M. Pitman (H)   Connétable of St. Mary

  Deputy J.B. Fox (H)

  Deputy of St. Ouen

  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 I.J. Gorst (C)

  Deputy A.E. Jeune (B)

  Deputy of St. Mary

  Deputy A.T. Dupré (C)

  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)


7th June 2011

ABSTAIN: 1 Deputy M. Tadier (B)

THE STATES, adopting the proposition of Deputy Montfort Tadier of St Brelade, agreed to request the Comité des Connétable s to investigate the possibility of –

  1. creating a booklet which would be available to all parishioners in each parish by 31st January 2012 setting out, amongst other things –
  1. how a parish assembly worked;
  2. what constituted a parish assembly;
  3. how parishioners could add matters to an agenda;
  4. what they had to do toin the event that they wanted to call a parish assembly;
  5. how and whether propositions without prior notice could be made during a parish assembly;
  6. how and whether amendments could be submitted to a proposition;
  1. who could vote at a parish assembly;

(viii) a list of parish officials and how they were appointed/elected;

(ix)  any further information relating to the operation of parish assemblies and the appointment of parochial officials that the Comité deemed relevant;

  1. publishing a standardized set of recommended procedures for use in all 12 parishes, setting out how a parish assembly should be conducted.

Members present voted as follows –

POUR: 45 CONTRE: 0 ABSTAIN: 0

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 B.I. Le Marquand Senator F. du H. Le Gresley Connétable of St. Ouen Connétable of St. Helier 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. 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 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 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 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)

Adjournment

THE STATES adjourned, having agreed to reconvene on Wednesday 8th June 2011 to consider the outstanding items of public business.

THE STATES rose at 5.40 p.m.

A.H. HARRIS Deputy Greffier of the States