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States Minutes 10th October 2012

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THE STATES assembled on Wednesday 10th October 2012, at 09.30 a.m. under the Presidency of the Bailiff ,

Sir Michael Birt.

 __________________

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

Senator Paul Francis Routier – absent on States business (arrived in the Chamber at 10.46 a.m.) Senator Philip Francis Cyril Ozouf – absent on States business

Senator Sarah Craig Ferguson – en défaut (défaut raised at 10.08 a.m.)

Senator Alan John Henry Maclean – en défaut (défaut raised at 10.08 a.m.)

Deputy James Patrick Gorton Baker of St. Helier – absent on States business

 __________________

Prayers read by the Greffier of the States __________________

Notification of lodged propositions

Plémont Holiday Village – acquisition by the public and sale to the National Trust for  P.90/2012. Jersey (P.90/2012) – amendment  Amd. Lodged: 10th October 2012.

Deputy G.C.L. Baudains of St. Clement .

Historic Abuse Redress Scheme: approval by the States Assembly P.80/2012

THE STATES, having resumed consideration of a proposition of Deputy Michael Roderick Higgins of St. Helier , rejected the proposition to request the Council of Ministers –

  1. to keep  the  Historic  Abuse  Redress  Scheme  open  to claimants  until  details  of  the Scheme had been debated and approved by the States Assembly and not to consider the Scheme closed to new applicants on 30th September 2012 as previously announced;
  2. to agree that any claims that had already been settled under the current Scheme as full and final settlements should be considered by the Council to be interim payments (which could  subsequently  be  increased  but  not  decreased)  until  such  time  as  the  States Assembly approved the details of the Scheme and the levels of compensation that could be payable under it;
  3. to lodge for debate within 90 days of the approval of this proposition a report and proposition setting out for approval by the Assembly –
  1. the maximum and minimum levels of compensation payable to claimants under the Scheme,
  2. the criteria that were to be used to determine the levels of compensation to individual claimants (including in the accompanying report a full explanation of the sources of the Scheme rules and how the proposed compensation levels were derived), and

257   Price code: B

  1. any other relevant information regarding the operation of the Scheme or the application of any rules associated with the Scheme;
  1. to continue to make payments to those victims in financial need, with any such payments being treated as interim payments until details of the Scheme had been approved by the Assembly to ensure that no victims were disadvantaged by the delay.

Members present voted as follows –

POUR: 10   CONTRE: 37  ABSTAIN: 1

Senator A. Breckon   Senator P.F. Routier   Deputy J.A. Martin (H) Deputy R.G. Le Hérissier (S)   Senator S.C. Ferguson

Deputy G.P. Southern (H)   Senator A.J.H. Maclean

Deputy of Grouville   Senator B.I. Le Marquand

Deputy J.A. Hilton (H)   Senator F. du H. Le Gresley

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

Deputy S. Pitman (H)   Senator L.J. Farnham

Deputy M. Tadier (B)   Senator P.M. Bailhache

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

Deputy M.R. Higgins (H)   Connétable of Trinity

  Connétable of Grouville

  Connétable of St. Clement

  Connétable of St. Peter

  Connétable of St. Lawrence

  Connétable of St. Mary

  Connétable of St. John

  Connétable of St. Ouen

  Connétable of St. Brelade

  Connétable of St. Martin

  Connétable of St. Saviour

  Deputy R.C. Duhamel (S)

  Deputy of St. Ouen

  Deputy of Trinity

  Deputy S.S.P.A. Power (B)

  Deputy E.J. Noel (L)

  Deputy T.A. Vallois (S)

  Deputy A.K.F. Green (H)

  Deputy J.M. Maçon (S)

  Deputy G.C.L. Baudains (C)

  Deputy of St. John

  Deputy J.H. Young (B)

  Deputy S.J. Pinel (C)

  Deputy of St. Mary

  Deputy of St. Martin

  Deputy R.G. Bryans (H)

  Deputy of St. Peter

  Deputy R.J. Rondel (H)

Draft Social Security (Amendment No. 20) (Jersey) Law 2012 (Appointed Day) Act 201- P.81/2012

THE STATES, in pursuance of Article 7(2) of the Social Security (Amendment No. 20) (Jersey) Law 2012, made an Act entitled the Social Security (Amendment No. 20) (Jersey) Law 2012 (Appointed Day) Act 2012.

Members present voted as follows –

POUR: 42 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier

Senator A. Breckon

Senator S.C. Ferguson Senator A.J.H. Maclean Senator B.I. Le Marquand Senator F. du H. Le Gresley Senator I.J. Gorst

Senator L.J. Farnham Connétable of St. Helier Connétable of Trinity Connétable of Grouville Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Connétable of St. John Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin Connétable of St. Saviour Deputy R.C. Duhamel (S) Deputy R.G. Le Hérissier (S) Deputy G.P. Southern (H) Deputy of St. Ouen

Deputy of Grouville

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

Deputy S.S.P.A. Power (B) Deputy M. Tadier (B) Deputy E.J. Noel (L) Deputy T.A. Vallois (S) Deputy A.K.F. Green (H) Deputy J.M. Maçon (S) Deputy G.C.L. Baudains (C) Deputy of St. John

Deputy J.H. Young (B) Deputy S.J. Pinel (C) Deputy of St. Mary

Deputy of St. Martin

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

Deputy R.J. Rondel (H)

Jersey Police Complaints Authority: appointment of Chairman and members P.83/2012

THE  STATES,  adopting  a  proposition  of  the  Minister  for  Home  Affairs,  and  in  accordance  with Article 2 of, and the Schedule to, the Police (Complaints and Discipline) (Jersey) Law 1999, appointed Mrs. Deborah Prosser as Chairman of the Jersey Police Complaints Authority for a period of 3 years, effective  from  1st  January  2013;  and  re-appointed  the  following  members  of  the  Jersey  Police Complaints Authority for a further period of 3 years, effective from 1st January 2013 –

Mr. Bruce Ridley Advocate Jane Martin.

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) –

23rd October 2012

Health and Social Services: A New Way Forward.  P.82/2012. Lodged: 11th September 2012.

Council of Ministers.

Health and Social Services: A New Way Forward (P.82/2012) – amendment.  P.82/2012. Lodged: 9th October 2012.  Amd. Health, Social Security and Housing Scrutiny Panel.

Draft Health Care Registration (No. 4) (Jersey) Regulations 201-.  P.84/2012. Lodged: 11th September 2012.

Minister for Health and Social Services.

Public Employees Contributory Retirement Scheme: Committee of Management –  P.87/2012. appointment of members.

Lodged: 24th September 2012.

Chief Minister.

6th November 2012

Medium Term Financial Plan 2013 – 2015.  P.69/2012. Lodged: 23rd July 2012.

Council of Ministers.

Ratification of the Agreement for the exchange of information relating to Tax Matters  P.85/2012. between the Government of Jersey and the Government of the Republic of Austria.

Lodged: 17th September 2012.

Chief Minister.

Draft Taxation (Exchange of Information with Third Countries) (Amendment No. 5)  P.86/2012. (Jersey) Regulations 201-.

Lodged: 24th September 2012.

Chief Minister.

Draft Health Insurance Fund (Miscellaneous Provisions) (Amendment) (Jersey) Law  P.88/2012. 201-.

Lodged: 25th September 2012.

Minister for Social Security.

Draft Social Security (Amendment of Law No. 3) (Jersey) Regulations 201-.  P.89/2012. Lodged: 25th September 2012.

Minister for Social Security.

Police Station Relocation: review of decision.  P.92/2012. Lodged: 2nd October 2012.

Deputy J.A. Martin of St. Helier .

Old Age Pension: increase for 2012.  P.97/2012. Lodged: 9th October 2012.

Deputy G.P. Southern of St. Helier .

20th November 2012

Plémont Holiday Village – acquisition by the public and sale to the National Trust for  P.90/2012. Jersey.

Lodged: 27th September 2012.

Chief Minister.

Plémont Holiday Village – acquisition by the public and sale to the National Trust for  P.90/2012. Jersey (P.90/2012) – amendment  Amd. Lodged: 10th October 2012.

Deputy G.C.L. Baudains of St. Clement .

Draft Debt Relief (Developing Countries) Jersey Law 201-.  P.91/2012. Lodged: 1st October 2012.

Chief Minister.

Draft Royal Court (Amendment No. 13) (Jersey) Law 201-.  P.93/2012. Lodged: 3rd October 2012.

Chief Minister.

Draft Incorporated Limited Partnerships (Annual Additional Charge) (Jersey)  P.94/2012. Regulations 201-.

Lodged: 8th October 2012.

Minister for Economic Development.

Draft Separate Limited Partnerships (Annual Additional Charge) (Jersey) Regulations  P.95/2012. 201-.

Lodged: 8th October 2012.

Minister for Economic Development.

Draft Limited Partnerships (Annual Additional Charge) (Jersey) Regulations 201-.  P.96/2012. Lodged: 8th October 2012.

Minister for Economic Development.

Draft Gambling (Ancillary Services and Miscellaneous Provisions) (Jersey) Regulations  P.98/2012. 201-.

Lodged: 9th October 2012.

Minister for Economic Development.

Draft Gambling (Charitable and Membership Gambling Services) (Jersey) Regulations  P.99/2012. 201-.

Lodged: 9th October 2012.

Minister for Economic Development.

Draft Gambling (Jersey) Law 2012 (Appointed Day) Act 201-.  P.100/2012. Lodged: 9th October 2012.

Minister for Economic Development.

Draft Social Security (Amendment of Law No. 4) (Jersey) Regulations 201-.  P.101/2012. Lodged: 9th October 2012.

Minister for Social Security.

THE STATES rose at 11.47 a.m.

M.N. DE LA HAYE Greffier of the States