States Minutes 1st May 2012

THE STATES assembled on Tuesday 1st May 2012, at 09.30 a.m. under the Presidency of the Deputy Bailiff , William James Bailhache , 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 –

Connétable Daniel Joseph Murphy of Grouville – en défaut Connétable Deirdre Wendy Mezbourian of St. Lawrence – en défaut Connétable Sadie Anthea Rennard of St. Saviour – ill

Deputy Anne Enid Pryke of Trinity – ill

Deputy Shona Pitman of St. Helier – excused attendance

__________________

Prayers __________________

Tribute to the late Mr. René Liron, former leader of the Transport and General Workers Union

The Deputy Bailiff paid tribute to the late Mr. René Liron, former leader of the Transport and General Workers Union in Jersey.

Subordinate enactments tabled

The following enactments were tabled, namely –

Road Traffic ( St. Helier ) (Amendment No. 25) (Jersey) Order 2012.  R&O.58/2012. Minister for Transport and Technical Services.

Road Racing (International Festival of Motoring) (Jersey) Order 2012.  R&O.59/2012. Minister for Transport and Technical Services.

Tourism (General Provisions) (Amendment No. 16) (Jersey) Order 2012.  R&O.60/2012. Minister for Economic Development.

Documents presented or laid

Draft Strategic Plan 2012 (P.28/2012): amendment (P.28/2012 Amd.) – comments.  P.28/2012. Presented: 25th April 2012.  Amd.Com. Council of Ministers.

107   Price code: B

Standing Orders: Answers to Questions (P.30/2012) – comments.  P.30/2012. Presented: 27th April 2012.  Com. Privileges and Procedures Committee.

Jersey Competition Regulatory Authority: appointment of Non-Executive Director.  R.49/2012. Presented: 19th April 2012.

Minister for Economic Development.

Public Records (Jersey) Law 2002: report of the Jersey Heritage Trust and the States  R.50/2012. Archivist during 2011.

Presented: 20th April 2012.

Minister for Education, Sport and Culture.

Jersey Community Relations Trust: re-appointment of Trustee.  R.51/2012. Presented: 23rd April 2012.

Minister for Home Affairs.

Land Transactions under Standing Order 168(3) –  R.52/2012.

1. 16 Britannia Place, St. Helier – lease;
2. 2 Hungerford Villas, Vauxhall Street, St. Helier – sale.

Presented: 23rd April 2012.

Minister for Treasury and Resources.

States of Jersey Development Company Limited: Annual Report and Financial  R.53/2012. Statements for the year ended 31st December 2011.

Presented: 24th April 2012.

Minister for Treasury and Resources.

Jersey Advisory and Conciliation Service: Board Members' Report and Financial  R.54/2012. Statements for the year ended 31st December 2011.

Presented: 24th April 2012.

Minister for Social Security.

Jersey Multi-Agency Public Protection Arrangements: Annual Report 2011.  R.55/2012. Presented: 25th April 2012.

Minister for Home Affairs.

Customs and Immigration Service: Annual Report 2011.  R.56/2012. Presented: 1st May 2012.

Minister for Home Affairs.

Jersey Employment Tribunal: extension of members' terms of office.  R.57/2012. Presented: 1st May 2012.

Minister for Social Security.

Population and Migration Review – Part 1.  S.R.1/2012. Presented: 24th April 2012.

Corporate Services Scrutiny Panel.

Respite Care for Children and Young Adults Review.  S.R.2/2012. Presented: 26th April 2012.

Health, Social Security and Housing Scrutiny Panel.

Notification of lodged propositions

Draft States of Jersey Police Force Law 201- (P.182/2011): amendment.  P.182/2011. Lodged: 20th April 2012.  Amd. Minister for Home Affairs.

Draft Amendment (No. 19) of the Standing Orders of the States of Jersey.  P.43/2012. Lodged: 19th April 2012.

Minister for Treasury and Resources.

States Members' Remuneration Review Body: revised Terms of Reference.  P.44/2012. Lodged: 27th April 2012.

Privileges and Procedures Committee.

Jersey Employment Tribunal: appointment of Chairman and Deputy Chairman.  P.45/2012. Lodged: 1st May 2012.

Minister for Social Security.

Ex gratia payment: Mr. D. Turner.  P.46/2012. Lodged: 1st May 2012.

Deputy M.R. Higgins 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 –

Ex gratia payment: Mr. D. Turner.  P.37/2012. Lodged: 3rd April 2012.

Deputy M.R. Higgins of St. Helier .

Written Questions

(see Official Report/Hansard)

The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding zero-hours' contracts for States employees.

The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding tax information exchange.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding an investigation into effective tax rates.

The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding zero hours' contracts.

Oral Questions

(see Official Report/Hansard)

Deputy G.P. Southern of St. Helier asked a question of the Minister for Treasury and Resources regarding the stimulation of the Jersey economy.

The Connétable of St. John asked a question of the Minister for Transport and Technical Services regarding the total cost of the remediation at Beauport to deal with potato leachate.

Senator S.C. Ferguson asked a question of the Assistant Minister for Health and Social Services regarding the provision of over-60s with a free faecal occult blood test kit' at two-yearly intervals.

Deputy M. Tadier of St. Brelade asked a question of the Assistant Minister for Health and Social Services regarding organ donation.

Deputy R.G. Le Hérissier of St. Saviour asked a question of the Assistant Chief Minister regarding health and criminal checks as an integral part of an immigration policy.

Deputy J.A. Hilton of St. Helier asked a question of the Assistant Minister for Health and Social Services regarding referrals by ante-natal services staff to third sector agencies or other agencies for support and guidance.

Deputy G.C.L. Baudains of St. Clement asked a question of the Minister for Transport and Technical Services regarding the provision by the new contractor of buses that are suitable for the Island's narrow roads.

Deputy T.M. Pitman of St. Helier asked a question of the Chairman of Privileges and Procedures Committee regarding lessons to be learnt from the higher electoral turnout in the recent Guernsey elections.

Deputy M.R. Higgins of St. Helier asked a question of the Minister for Treasury and Resources regarding a move away from reliance on finance and greater support of industries such as tourism.

Deputy G.C.L. Baudains of St. Clement asked a question of the Minister for Home Affairs regarding the recent deployment by the States of Jersey Police of semi-automatic rifles on the streets of St. Helier .

Deputy T.M. Pitman of St. Helier asked a question of the Minister for Education, Sport and Culture regarding the dismissal of staff convicted of sexual assaults on children.

Deputy J.A. Hilton of St. Helier asked a question of the Minister for Social Security regarding work experience placements of Jersey Employment Trust clients within government departments.

Deputy M.R. Higgins of St. Helier asked a question of the Minister for Treasury and Resources regarding the introduction of a tax system where all citizens and businesses bear the costs and burden of the recession.

Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding the pay freeze in the public and private sectors.

Deputy R.G. Le Hérissier asked a question of the Assistant Minister for Health and Social Services regarding programmes in place for succession planning within the Health and Social Services Department.

Oral Questions without notice (see Official Report/Hansard)

The Minister for Education, Sport and Culture answered questions without notice from members. The Minister for Housing answered questions without notice from members.

Urgent Oral Question

(see Official Report/Hansard)

The Connétable of St. John asked the following question of the Minister for Economic Development which the Deputy Bailiff had allowed in accordance with Standing Order 15 relating to urgent oral questions –

"With the possible demise of the prominent stevedore company George Troy and Son Ltd what action plan is in place, if any, to ensure that the Island transport and freight handling needs are met in full, and will the Minister keep the Assembly fully up to speed on events?"

Draft Strategic Plan 2012 P.28/2012

THE STATES commenced consideration of a proposition of the Council of Ministers regarding the draft Strategic Plan 2012 and, adopting an amendment of the Health, Social Security and Housing Scrutiny Panel, agreed that after the words "attached at the Appendix" there should be inserted the words –

", except that –

1. on page 4 of the draft Plan, in the diagram Our Priorities for the next 3 years', after the Priority House our Community – Housing' there should be inserted an additional priority as follows –

"Promoting Family and Community values";

2. after the Priority House our Community' on page 9 of the draft Plan, there should be inserted the text of the additional Priority as follows –

"Promoting Family and Community Values

Providing appropriate support to both families and individuals is essential if we are to develop a strong sense of community where everyone is valued.

Key factors:

• Government has a key role to play in enabling people to take more responsibility for their own lives and wellbeing.
• Early investment and support for vulnerable children and families will improve the outlook for the individuals concerned and benefit society as a whole.
• Our Island will be strengthened through a more cohesive community where everyone is encouraged to engage with each other.
• Our social policies need to promote equal opportunities and access to services, so that all members of society can share in the Island's success.
• In order to tackle the challenges faced by disadvantaged families and children, we need to address the root causes and consequences.

Key actions:

We will

• Preserve and enhance community values.
• Work together with all Parishes and other agencies to co-ordinate efficient and effective social and community services.
• Seek extension of the UK ratification of the United Nations Convention on the Rights of the Child.
• Work towards delivering the range of objectives contained in "Children and Young People: A Strategic Framework for Jersey".

3. on page 15 of the draft Plan for the heading Looking ahead to resourcing the six priorities within the Strategic Plan 2013 to 2015' there should be substituted the heading Looking ahead to resourcing the seven priorities within the Strategic Plan 2013 to 2015' ".

THE STATES, having resumed consideration of the draft Strategic Plan 2012, as amended, and in accordance  with Article 18(2)(e) of the States of Jersey Law 2005, approved the statement of the common strategic policy of the Council of Ministers as set out in the Vision on pages 4 to 6, the Council's Priorities on pages 7 to 13, and Resource Principles set out on pages 14 to 16, of the Strategic Plan 2012 attached at the Appendix, as amended.

Members present voted as follows –

POUR: 41   CONTRE: 4  ABSTAIN: 1

Senator P.F. Routier   Deputy G.P. Southern (H)  Senator S.C. Ferguson Senator P.F.C. Ozouf   Deputy M. Tadier (B)

Senator A. Breckon   Deputy T.M. Pitman (H)

Senator A.J.H. Maclean   Deputy M.R. Higgins (H)

Senator B.I. Le Marquand

Senator F. du H. Le Gresley

Senator I.J. Gorst

Senator L.J. Farnham

Senator P.M. Bailhache

Connétable of St. Helier

Connétable of Trinity

Connétable of St. Clement

Connétable of St. Peter

Connétable of St. Mary

Connétable of St. John

Connétable of St. Ouen

Connétable of St. Brelade

Connétable of St. Martin

Deputy R.C. Duhamel (S)

Deputy R.G. Le Hérissier (S)

Deputy J.A. Martin (H)

Deputy of St. Ouen

Deputy of Grouville

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 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.P.G. Baker (H) 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 Policing of Parks (Amendment No. 4) (Jersey) Regulations 201- P.23/2012

THE STATES commenced consideration of the Draft Policing of Parks (Amendment No. 4) (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 4.

THE STATES, in pursuance of Order in Council of 26th December 1851 and Article 92 of the Road Traffic (Jersey) Law 1956, made Regulations entitled the Policing of Parks (Amendment No. 4) (Jersey) Regulations 2012.

Members present voted as follows –

POUR: 44   CONTRE: 1  ABSTAIN: 0 Senator P.F. Routier   Connétable of St. John

Senator P.F.C. Ozouf

Senator A. Breckon

Senator S.C. Ferguson

Senator B.I. Le Marquand

Senator F. du H. Le Gresley

Senator I.J. Gorst

Senator L.J. Farnham

Senator P.M. Bailhache

Connétable of St. Helier

Connétable of Trinity

Connétable of St. Clement

Connétable of St. Peter

Connétable of St. Mary

Connétable of St. Ouen

Connétable of St. Brelade

Connétable of St. Martin

Deputy R.C. Duhamel (S)

Deputy R.G. Le Hérissier (S)

Deputy J.A. Martin (H)

Deputy G.P. Southern (H)

Deputy of St. Ouen

Deputy of Grouville

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

Deputy J.P.G. Baker (H) 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)

Tourism Development Fund: assistance to the private sector P.26/2012

THE STATES commenced consideration of a proposition of the Minister for Treasury and Resources regarding the granting of financial assistance from the Tourism Development Fund to the private sector.

THE STATES noted that, in accordance with the provisions of Standing Order 106(1)(a), Deputy John Alexander Nicholas Le Fondré of St. Lawrence declared an interest and withdrew from the Chamber for the duration of the debate.

Adjournment

THE STATES adjourned, having agreed to reconvene on Wednesday 2nd May 2012 to continue consideration of the proposition of the Minister for Treasury and Resources entitled Tourism Development Fund: assistance to the private sector' P.26/2012 and the outstanding items of public business.

THE STATES rose at 5.39 p.m.

A.H. HARRIS Deputy Greffier of the States