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States Minutes 20th November 2012

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THE STATES assembled on Tuesday 20th November 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 Juliette Gallichan of St. Mary – absent on States business

Connétable Philip John Rondel of St. John – absent on States business

Connétable Sadie Anthea Rennard of St. Saviour – en défaut

Deputy John Alexander Nicholas Le Fondré of St. Lawrence – absent on States business Deputy Shona Pitman of St. Helier – en défaut (défaut raised at 9.42 a.m.)

Deputy Andrew Kenneth Francis Green of St. Helier ill

Deputy Kristina Louise Moore of St. Peter ill

 __________________

Prayers read by the Greffier of the States __________________

Subordinate enactments tabled

The following enactments were tabled, namely –

Social Security (Insolvency Benefit) (Jersey) Order 2012.  R&O.123/2012. Minister for Social Security.

Public Finances (Transitional Arrangements) (Amendment) (Jersey) Order 2012.  R&O.124/2012. Minister for Treasury and Resources.

Community Provisions (Restrictive Measures – Belarus) (Amendment No. 8)  R&O.126/2012. (Jersey) Order 2012.

Deputy Chief Minister for and on behalf of Chief Minister.

Documents presented or laid

Police Station Relocation: review of decision (P.92/2012) – comments.  P.92/2012. Presented: 19th November 2012.  Com. Council of Ministers.

Police Station Relocation: review of decision (P.92/2012) – comments.  P.92/2012. Presented: 20th November 2012.  Com.(2) Minister for Planning and Environment.

317   Price code: C

Reform Day: 28th September 1769 (P.107/2012) – comments. Presented: 19th November 2012.

Council of Ministers.

Reform Day: 28th September 1769 (P.107/2012) – comments. Presented: 20th November 2012.

Minister for Education, Sport and Culture.

Building a Safer Society: Annual Report 2011. Presented: 20th November 2012.

Minister for Home Affairs.

Relocation of Police Head Quarters to Green Street Car Park. Presented: 16th November 2012.

Education and Home Affairs Scrutiny Panel.


P.107/2012. Com.

P.107/2012. Com.(2)

R.138/2012. S.R.19/2012.

Notification of lodged propositions

Old Age Pension: increase for 2012 (P.97/2012) – amendment.  P.97/2012. Lodged: 20th November 2012.  Amd. Deputy G.P. Southern of St. Helier .

Draft Social Security (Amendment of Law No. 4) (Jersey) Regulations 201-  P.101/2012. (P.101/2012): amendment.  Amd. Lodged: 20th November 2012.

Minister for Social Security.

Draft Budget Statement 2013 (P.102/2012): second amendment.  P.102/2012. Lodged: 20th November 2012.  Amd.(2) Deputy G.P. Southern of St. Helier .

Draft Budget Statement 2013 (P.102/2012): third amendment.  P.102/2012. Lodged: 20th November 2012.  Amd.(3) Connétable of St. Helier .

Draft Income Tax (Amendment No. 41) (Jersey) Law 201- (P.104/2012): amendment.  P.104/2012. Lodged: 20th November 2012.  Amd. Minister for Treasury and Resources.

Minister for Justice and Department of Justice: report.  P.120/2012. Lodged: 13th November 2012.

Senator L.J. Farnham .

Draft Repatriation of Prisoners (Jersey) Law 2012 (Appointed Day) Act 201-.  P.121/2012. Lodged: 13th November 2012.

Minister for Home Affairs.

Draft Health Insurance (Amendment No. 14) (Jersey) Law 2012 (Appointed Day) Act  P.122/2012. 201-.

Lodged: 13th November 2012.

Minister for Social Security.

Greville Bathe Fund: appointment of Jurat.  P.123/2012. Lodged: 16th November 2012.

Minister for Treasury and Resources.

Jersey Innovation Fund: establishment, funding and operation.  P.124/2012. Lodged: 20th November 2012.

Minister for Treasury and Resources.

Written Questions

(see Official Report/Hansard)

The Minister for Economic Development tabled an answer to a question asked by the Connétable of St. John regarding the construction of a new hangar at Jersey Airport.

The  Minister  for  Economic  Development  tabled  an  answer  to  a  question  asked  by   Deputy S.S.P.A. Power of St. Brelade regarding the insurance liability for cars and vehicles damaged on the car- deck of a Condor ferry.

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy . G.C.L. Baudains of St. Clement regarding the flooding risk to Green Street car park.

The  Minister  for  Economic  Development  tabled  an  answer  to  a  question  asked  by   Deputy S.S.P.A. Power of St. Brelade regarding the current Harbourmaster.

The Minister for Housing tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the achievement of affordable and social rented homes targets.

The  Minister  for  Social  Security  tabled  an  answer  to  a  question  asked  by  Senator  S.C. Ferguson regarding the rebates claimed by General Practitioners.

The  Minister  for  Health  and  Social  Services  tabled  an  answer  to  a  question  asked  by  Senator S.C. Ferguson regarding the use of the Liverpool Care Pathway in Jersey.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy J.A. Martin of St. Helier regarding the use of a storage facility at La Collette.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy J.A. Martin of St. Helier regarding the proposed location of staff car parking near the Green Street police headquarters scheme.

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy J.A. Martin of St. Helier regarding the potential use of public car parks to provide staff spaces for the proposed Green Street police headquarters scheme.

The  Minister  for  Home  Affairs  tabled  an  answer  to  a  question  asked  by   Deputy  T.M. Pitman  of St. Helier regarding the police investigation into the rezoning of agricultural land.

The  Minister  for  Home  Affairs  tabled  an  answer  to  a  question  asked  by   Deputy  T.M. Pitman  of St. Helier regarding the role played by the Bailiff in live police operational matters.

H.M. Attorney General tabled an answer to a question asked by Deputy T.M. Pitman of St. Helier about so-called will kits'.

H.M. Attorney General  tabled  an  answer  to  a  question  asked  by   Deputy  T.M. Pitman  of   St. Helier regarding the public's legal responsibility to report allegations of child abuse to the police.

The Minister for Economic Development tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the disclosure by banks of suspected tax evasion.

The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the extent to which allowances or subsidies for rental/mortgage costs have been used to recruit or retain public sector staff.

The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the consideration of recommendations made within S.R.3/2011 Review of Benefit Levels'.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the consideration of recommendations made within S.R.3/2011 Review of Benefit Levels'.

The  Minister  for  Home  Affairs  tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding vehicles owned and operated by the States of Jersey Police.

H.M. Attorney General tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding whether Crown Officers, or any States Departments or States Appointed Bodies have been party to obtaining any injunctions in the last 3 years.

The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the extension of the historic abuse redress scheme to include visitors to Haut de la Garenne and other children's homes.

The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the number and details of prosecutions brought by the Data Protection Commissioner under the Data Protection (Jersey) Law 2005 since the Appointed Day Act was adopted by the States.

H.M. Attorney General tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding protections afforded complainants who consent to the use of confidential medical or counselling information in a criminal trial.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the outcome of the internal review into patient travel expenses.

The Chief Minister tabled an answer to a question asked by Deputy T.A. Vallois of St. Saviour regarding the implementation of Strategic Social Assessments.

H.M. Attorney General tabled an answer to a question asked by Deputy T.A. Vallois of St. Saviour regarding whether the Education (Discretionary Grants – General) (Jersey) Order 2008 already provides the ability to take account of a separated parent's income or that of the new partner.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the rights of children and parents to information when the children are under the care of and/or supervision of the Health and Social Services Department.

The Chief Minister tabled an answer to a question asked by Deputy T.A. Vallois of St. Saviour regarding proposed changes to the social policy framework.

The Minister for Education, Sport and Culture tabled an answer to a question asked by Deputy J.H. Young of St. Brelade regarding the full impact of the proposal to amend the Education (Discretionary Grants – General) (Jersey) Order 2008.

The Chairman of the Electoral Commission tabled an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding the proposed changes to electoral constituencies.

The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the operation of the EU Savings Tax Directive.

Oral Questions

(see Official Report/Hansard)

Deputy M.R. Higgins of St. Helier asked a question of the Assistant Minister for Treasury and Resources regarding the source of the projected £250,000 savings figure for the Managed Print Service solution.

Senator S.C. Ferguson asked a question of the Minister for Health and Social Services regarding the views recently expressed on childhood obesity by the Consultant Obstetrician and Gynaecologist from the Health and Social Services Department.

Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding the reduction of the cost of supplementation.

Deputy T.M. Pitman of St. Helier asked a question of the Chief Minister regarding his statement concerning the investigation of allegations against a former Senator in relation to planning corruption.

Deputy M. Tadier asked a question of the Chief Minister regarding the Terms of Reference for the Committee of Inquiry into Historic Child Abuse.

Deputy J.A. Martin of St. Helier asked a question of the Minister for Transport and Technical Services regarding the details of the drainage shaft project at Ann Court.

Deputy G.C.L. Baudains of St. Clement asked a question of the Minister for Transport and Technical Services regarding the dismantling of the Bellozanne chimney.

Deputy R.G. Le Hérissier of St. Saviour asked a question of the Chief Minister regarding the position of the Council of Ministers on the subject of a Channel Islands Confederation.

Deputy  J.H. Young  of   St. Brelade asked a question of the Minister for Planning and Environment regarding the environmental impact of the development of housing on the headland at Plémont.

Deputy S.S.P.A. Power of St. Brelade asked a question of the Minister for Treasury and Resources regarding the funding of infrastructure and capital issues by the Jersey Electricity Company.

The Deputy of St. Martin asked a question of the Minister for Planning and Environment regarding cases of Ash dieback fungal disease in Jersey.

Deputy G.C.L. Baudains of St. Clement asked a question of the Minister for Economic Development regarding the employment of consultants to report on the future of the Finance Industry.

Deputy M.R. Higgins of St. Helier asked a question of the Assistant Minister for Treasury and Resources regarding the £23,367 overpayment to Danwood for managed print services to schools.

Deputy M. Tadier of St. Brelade asked a question of the Chief Minister regarding the pursuit of the proposition seeking to acquire the former Plémont Holiday Village (P.90/2012).

Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding the availability of options for withholding tax as a means of tax evasion.

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.

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

THE STATES ratified the Agreement between the Government of Jersey and the Government of the Republic of Austria on the exchange of information relating to tax matters, as set out in the Appendix to the Report of the Chief Minister dated 11th September 2012.

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

THE STATES commenced consideration of the Draft Taxation (Exchange of Information with Third Countries) (Amendment No. 5) (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 and 2.

THE STATES, in pursuance of Article 2(1) of the Taxation (Implementation) (Jersey) Law 2004 and following the decision of the States, taken on the day these Regulations were made, to adopt Projet 85 of 2012,  made  Regulations  entitled  the  Taxation  (Exchange  of  Information  with  Third  Countries) (Amendment No. 5) (Jersey) Regulations 2012.

Draft Debt Relief (Developing Countries) Jersey Law 201- P.91/2012

THE  STATES  commenced  consideration  of  the  Draft  Debt  Relief  (Developing  Countries)  Jersey Law 201- and adopted the principles.

Members present voted as follows –

POUR: 41   CONTRE: 0  ABSTAIN: 1

Senator P.F. Routier  Senator S.C. Ferguson Senator P.F.C. Ozouf

Senator A. Breckon

Senator A.J.H. Maclean

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 Trinity Connétable of Grouville Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence 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 of Trinity

Deputy S.S.P.A. Power (B) Deputy S. Pitman (H) 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 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 of St. Mary

Deputy of St. Martin

Deputy R.G. Bryans (H) Deputy R.J. Rondel (H)

THE STATES, having been informed that the relevant scrutiny panel had indicated that it did not wish to scrutinise the draft legislation, adopted Articles 1 to 11.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Debt Relief (Developing Countries) Jersey Law 201-.

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

The Chairman of the Education and Home Affairs Scrutiny Panel made a statement regarding the relocation of the States of Jersey Police headquarters to the Green Street car park site.

Arrangement of public business for the current meeting

THE STATES rejected a proposition of the Chief Minister that the proposition of Deputy Judith Ann Martin of St. Helier entitled Police Station Relocation: review of decision' (P.92/2012) be deferred until the meeting of 4th December 2012.

Members present voted as follows –

POUR: 20   CONTRE: 23  ABSTAIN: 0

Senator P.F. Routier

Senator P.F.C. Ozouf Senator A.J.H. Maclean 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. Peter Connétable of St. Ouen Deputy R.G. Le Hérissier (S) Deputy of Trinity

Deputy S.S.P.A. Power (B) Deputy K.C. Lewis (S) Deputy E.J. Noel (L) Deputy G.C.L. Baudains (C) Deputy of St. John

Deputy J.P.G. Baker (H) Deputy of St. Mary

Deputy R.G. Bryans (H)


 Senator A. Breckon

  Senator S.C. Ferguson

  Connétable of Trinity

  Connétable of St. Clement   Connétable of St. Lawrence   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 of Grouville

  Deputy J.A. Hilton (H)

  Deputy S. Pitman (H)

  Deputy M. Tadier (B)

  Deputy T.M. Pitman (H)

  Deputy T.A. Vallois (S)

  Deputy M.R. Higgins (H)

  Deputy J.M. Maçon (S)

  Deputy J.H. Young (B)

  Deputy S.J. Pinel (C)

  Deputy of St. Martin

  Deputy R.J. Rondel (H)

Police Station Relocation: review of decision  P.92/2012

THE STATES commenced consideration of a proposition of Deputy Judith Ann Martin of St. Helier entitled Police Station Relocation: review of decision' (P.92/2012), having adopted her amendment that before paragraph (a) the words "to request the Minister for Planning and Environment" should be deleted and instead inserted after paragraph (a) and before paragraph (b), and that in paragraph (a) for the words "not to approve any" there should be substituted the words "to request the Ministers for Treasury and Resources and Home Affairs not to proceed with proposals for the".

THE STATES, adopting a proposition of the Minister for Home Affairs, agreed that, in accordance with Standing Order 79(1), the Education and Home Affairs Scrutiny Panel should be requested to consider having the proposition referred to it.

Members present voted as follows –

POUR: 39   CONTRE: 5  ABSTAIN: 0

Senator P.F. Routier   Deputy J.A. Martin (H) Senator P.F.C. Ozouf   Deputy S. Pitman (H) Senator A. Breckon   Deputy M. Tadier (B) Senator S.C. Ferguson   Deputy T.M. Pitman (H) Senator A.J.H. Maclean   Deputy J.H. Young (B) 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 Grouville

Connétable of St. Clement

Connétable of St. Peter

Connétable of St. Lawrence

Connétable of St. Ouen

Connétable of St. Brelade

Connétable of St. Martin

Deputy R.G. Le Hérissier (S)

Deputy G.P. Southern (H)

Deputy of St. Ouen

Deputy of Grouville

Deputy J.A. Hilton (H)

Deputy of Trinity

Deputy S.S.P.A. Power (B)

Deputy K.C. Lewis (S)

Deputy E.J. Noel (L)

Deputy T.A. Vallois (S)

Deputy M.R. Higgins (H)

Deputy J.M. Maçon (S)

Deputy G.C.L. Baudains (C)

Deputy of St. John

Deputy J.P.G. Baker (H)

Deputy S.J. Pinel (C)

Deputy of St. Mary

Deputy of St. Martin

Deputy R.G. Bryans (H)

Deputy R.J. Rondel (H)

Draft Royal Court (Amendment No. 13) (Jersey) Law 201- P.93/2012

THE  STATES  commenced  consideration  of  the  Draft  Royal  Court  (Amendment  No. 13)  (Jersey) Law 201- and adopted the principles.

Members present voted as follows –

POUR: 35   CONTRE: 2  ABSTAIN: 0

Senator P.F. Routier   Deputy S. Pitman (H) Senator A. Breckon   Deputy M.R. Higgins (H) 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 Senator P.M. Bailhache Connétable of Trinity Connétable of Grouville Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin Deputy R.G. Le Hérissier (S) Deputy of St. Ouen

Deputy of Grouville

Deputy J.A. Hilton (H) Deputy S.S.P.A. Power (B) Deputy M. Tadier (B) Deputy T.M. Pitman (H) Deputy T.A. Vallois (S) 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 R.J. Rondel (H)

THE STATES, having been informed that the relevant scrutiny panel had indicated that it did not wish to scrutinise the draft legislation, adopted Articles 1 and 2.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Royal Court (Amendment No. 13) (Jersey) Law 201-.

Changes in Presidency

The   Deputy   Bailiff  retired from the Chamber prior to the consideration of the Draft Royal Court (Amendment No. 13) (Jersey) Law 201- (P.93/2012) and the meeting continued under the presidency of Mr. Michael Nelson de la Haye, Greffier of the States.

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

THE STATES commenced consideration of the Draft Incorporated Limited Partnerships (Annual Additional Charge) (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 and 2.

THE STATES, in pursuance of Article 26 of the Incorporated Limited Partnerships (Jersey) Law 2011, made Regulations entitled the Incorporated Limited Partnerships (Annual Additional Charge) (Jersey) Regulations 2012.

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

THE STATES commenced consideration of the Draft Separate Limited Partnerships (Annual Additional Charge) (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 and 2.

THE STATES, in pursuance of Article 33 of the Separate Limited Partnerships (Jersey) Law 2011, made Regulations entitled the Separate Limited Partnerships (Annual Additional Charge) (Jersey) Regulations 2012.

Draft Limited Partnerships (Annual Additional Charge) (Jersey) Regulations 201- P.96/2012

THE STATES commenced consideration of the Draft Limited Partnerships (Annual Additional Charge) (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 and 2.

Members present voted as follows –

POUR: 27 CONTRE: 0 ABSTAIN: 0

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 P.M. Bailhache Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Ouen Connétable of St. Martin Deputy R.G. Le Hérissier (S) Deputy of Grouville

Deputy J.A. Hilton (H) Deputy S.S.P.A. Power (B) Deputy S. Pitman (H) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy T.A. Vallois (S) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) 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 R.J. Rondel (H)

THE STATES, in pursuance of Article 30A of the Limited Partnerships (Jersey) Law 1994,  made Regulations entitled the Limited Partnerships (Annual Additional Charge) (Jersey) Regulations 2012.

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

THE STATES commenced consideration of the Draft Gambling (Ancillary Services and Miscellaneous Provisions) (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 10.

THE STATES, in pursuance of Articles 8, 23, 24 and 56 of the Gambling (Jersey) Law 2012, made Regulations entitled the Gambling (Ancillary Services and Miscellaneous Provisions) (Jersey) Regulations 2012.

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

THE STATES commenced consideration of the Draft Gambling (Charitable and Membership Gambling Services) (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 9.

THE STATES, in pursuance of Articles 25, 26 and 56 of the Gambling (Jersey) Law 2012,  made Regulations entitled the Gambling (Charitable and Membership Gambling Services) (Jersey) Regulations 2012.

Members present voted as follows –

POUR: 40 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 Senator P.M. Bailhache Connétable of Trinity Connétable of Grouville Connétable of St. Clement

Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin Deputy R.G. Le Hérissier (S) Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of St. Ouen

Deputy of Grouville

Deputy of Trinity

Deputy S.S.P.A. Power (B) Deputy S. Pitman (H) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy T.M. Pitman (H) Deputy T.A. Vallois (S) Deputy M.R. Higgins (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 R.J. Rondel (H)

Draft Gambling (Jersey) Law 2012 (Appointed Day) Act 201- P.100/2012

THE STATES, in pursuance of Article 57 of the Gambling (Jersey) Law 2012, made an Act entitled the Gambling (Jersey) Law 2012 (Appointed Day) Act 2012.

Reform Day: 28th September 1769 P.107/2012

THE STATES commenced consideration of a proposition of Deputy Trevor Mark Pitman of St. Helier entitled Reform Day: 28th September 1769' (P.107/2012) and, adopting paragraph (a), agreed that 28th September should be recognised annually by the States of Jersey as Reform Day' to mark the anniversary of the events in Jersey of 28th September 1769.

Members present voted as follows –

POUR: 21 CONTRE: 18 ABSTAIN: 0

Senator A. Breckon Senator S.C. Ferguson Connétable of Grouville Connétable of St. Lawrence Connétable of St. Ouen Connétable of St. Brelade


Senator P.F. Routier

Senator F. du H. Le Gresley Senator I.J. Gorst

Senator L.J. Farnham

Senator P.M. Bailhache

Connétable of St. Helier

Connétable of St. Martin Deputy R.G. Le Hérissier (S) Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville

Deputy S. Pitman (H) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy T.M. Pitman (H) Deputy T.A. Vallois (S) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Mary

Deputy R.J. Rondel (H)


Connétable of Trinity

Connétable of St. Clement

Connétable of St. Peter

Deputy of St. Ouen

Deputy of Trinity

Deputy S.S.P.A. Power (B) Deputy G.C.L. Baudains (C) Deputy of St. John

Deputy J.P.G. Baker (H)

Deputy J.H. Young (B)

Deputy of St. Martin

Deputy R.G. Bryans (H)

THE STATES rejected paragraph (b) of a proposition of Deputy Trevor Mark Pitman of St. Helier entitled Reform Day: 28th September 1769' (P.107/2012) that a sum not exceeding £3,000 should be made available by the Minister for Treasury and Resources from central reserves so that experts could examine the records of the Cour d'Héritage of 28th September 1769 held at the Jersey Archives and discover the text that had remained erased for more than 2 centuries following the Order of the Privy Council dated 27th October 1769 that ordered that the records be erased.

Members present voted as follows –

POUR: 16 CONTRE: 23 ABSTAIN: 0

Senator A. Breckon Senator S.C. Ferguson Senator L.J. Farnham Connétable of St. Clement Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of St. Ouen Deputy S. Pitman (H) Deputy M. Tadier (B) Deputy T.M. Pitman (H) Deputy T.A. Vallois (S) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy J.H. Young (B) Deputy of St. Mary Deputy R.J. Rondel (H)


Senator P.F. Routier

Senator F. du H. Le Gresley Senator I.J. Gorst

Senator P.M. Bailhache

Connétable of St. Helier

Connétable of Trinity

Connétable of Grouville

Connétable of St. Peter

Connétable of St. Lawrence Connétable of St. Ouen

Connétable of St. Brelade

Connétable of St. Martin

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

Deputy of Trinity

Deputy S.S.P.A. Power (B)

Deputy K.C. Lewis (S)

Deputy G.C.L. Baudains (C) Deputy of St. John

Deputy J.P.G. Baker (H)

Deputy S.J. Pinel (C)

Deputy of St. Martin

Deputy R.G. Bryans (H)

THE STATES rejected paragraph (c) of a proposition of Deputy Trevor Mark Pitman of St. Helier entitled Reform Day: 28th September 1769' (P.107/2012) that an appropriate memorial in the form of a monument, sculpture or plaque be researched and funded, in either whole or part from public funds, and erected in the Royal Square near to the location of the original 28th September demonstration in 1769 and –

  1. to request the Council of Ministers to take the necessary steps to initiate the process for the creation of a memorial; and
  2. to request the Minister for Treasury and Resources to make available funding for the memorial from central reserves if necessary.

Members present voted as follows –

POUR: 19 CONTRE: 20 ABSTAIN: 0

Senator A. Breckon

Senator S.C. Ferguson Senator F. du H. Le Gresley Senator L.J. Farnham Connétable of Grouville Connétable of St. Brelade Deputy R.G. Le Hérissier (S) Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville

Deputy S. Pitman (H) Deputy M. Tadier (B) Deputy T.M. Pitman (H) Deputy T.A. Vallois (S) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy J.H. Young (B) Deputy of St. Mary

Deputy R.J. Rondel (H)


Senator P.F. Routier

Senator I.J. Gorst

Senator P.M. Bailhache

Connétable of St. Helier

Connétable of Trinity

Connétable of St. Clement

Connétable of St. Peter

Connétable of St. Lawrence Connétable of St. Ouen

Connétable of St. Martin

Deputy of St. Ouen

Deputy of Trinity

Deputy S.S.P.A. Power (B) Deputy K.C. Lewis (S)

Deputy G.C.L. Baudains (C) Deputy of St. John

Deputy J.P.G. Baker (H)

Deputy S.J. Pinel (C)

Deputy of St. Martin

Deputy R.G. Bryans (H)

THE STATES granted leave to Deputy Trevor Mark Pitman of St. Helier to withdraw paragraph (d) of his proposition entitled Reform Day: 28th September 1769' (P.107/2012) to request the Minister for Education, Sport and Culture to take the necessary steps to ensure that schools in Jersey taught school children about the events of 28th September 1769.

THE STATES rejected paragraph (e) of the proposition of Deputy Trevor Mark Pitman of St. Helier entitled Reform Day: 28th September 1769' (P.107/2012) to request the Minister for Treasury and Resources to make available to cultural organisations such as the Société Jersiaise, the Jersey Heritage Trust and the Jersey Archive from central reserves the necessary funds to research and publish information about the events of the day.

Members present voted as follows –

POUR: 11   CONTRE: 28  ABSTAIN: 0

Senator A. Breckon Senator S.C. Ferguson Connétable of St. Brelade Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy S. Pitman (H) Deputy M. Tadier (B) Deputy T.M. Pitman (H) Deputy M.R. Higgins (H) Deputy J.H. Young (B) Deputy of St. Mary


 Senator P.F. Routier

  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 Grouville

  Connétable of St. Clement

  Connétable of St. Peter

  Connétable of St. Lawrence   Connétable of St. Ouen

  Connétable of St. Martin

  Deputy R.G. Le Hérissier (S)   Deputy of St. Ouen

  Deputy of Grouville

  Deputy of Trinity

  Deputy S.S.P.A. Power (B)

  Deputy K.C. Lewis (S)

  Deputy T.A. Vallois (S)

  Deputy J.M. Maçon (S)

  Deputy G.C.L. Baudains (C)   Deputy of St. John

  Deputy J.P.G. Baker (H)

  Deputy S.J. Pinel (C)

  Deputy of St. Martin

  Deputy R.G. Bryans (H)

  Deputy R.J. Rondel (H)

THE STATES rejected paragraph (f) of the proposition of Deputy Trevor Mark Pitman of St. Helier entitled Reform Day: 28th September 1769' (P.107/2012) to agree that an annual financial award of £1,000 be established to encourage an act or contribution to Jersey political or wider human rights knowledge in the form of writing, film, play or other artistic form and to request the Minister for Treasury and Resources to identify the most appropriate source of funding for the award from existing departmental budgets.

Members present voted as follows –

POUR: 11   CONTRE: 27  ABSTAIN: 0

Senator A. Breckon Connétable of St. Brelade Deputy R.G. Le Hérissier (S) Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville

Deputy S. Pitman (H) Deputy M. Tadier (B) Deputy T.M. Pitman (H) Deputy M.R. Higgins (H)


 Senator P.F. Routier

  Senator S.C. Ferguson

  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 Grouville

  Connétable of St. Clement

Deputy R.J. Rondel (H)


Connétable of St. Lawrence Connétable of St. Ouen

Connétable of St. Martin

Deputy of St. Ouen

Deputy of Trinity

Deputy S.S.P.A. Power (B) Deputy K.C. Lewis (S)

Deputy T.A. Vallois (S)

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)

Arrangement of public business for future meetings

THE STATES, adopting a proposition of the Chairman of the Comité des Connétable s, agreed to defer consideration of the proposition of Deputy Michael Roderick Higgins of St. Helier entitled Connétable s and other parish officials: explanatory document and new legislation' (P.119/2012) from 11th December 2012 to the meeting of 15th January 2013.

Members present voted as follows –

POUR: 29 CONTRE: 8 ABSTAIN: 0

Senator P.F. Routier

Senator A. Breckon

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 Grouville Connétable of St. Clement Connétable of St. Lawrence Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin Deputy R.G. Le Hérissier (S) Deputy of Grouville

Deputy of Trinity

Deputy S.S.P.A. Power (B) Deputy K.C. Lewis (S) Deputy J.M. Maçon (S) Deputy G.C.L. Baudains (C) Deputy of St. John

Deputy J.P.G. Baker (H)


Senator S.C. Ferguson

Deputy J.A. Martin (H)

Deputy G.P. Southern (H) Deputy S. Pitman (H)

Deputy M. Tadier (B)

Deputy T.M. Pitman (H) Deputy T.A. Vallois (S)

Deputy M.R. Higgins (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 R.J. Rondel (H)

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) –

4th December 2012

Draft Budget Statement 2013.  P.102/2012. Lodged: 17th October 2012.

Minister for Treasury and Resources.

Draft Budget Statement 2013 (P.102/2012): amendment.  P.102/2012. Lodged: 2nd November 2012.  Amd. Deputy G.C.L. Baudains of St. Clement .

Draft Budget Statement 2013 (P.102/2012): second amendment.  P.102/2012. Lodged: 20th November 2012.  Amd.(2) Deputy G.P. Southern of St. Helier .

Draft Budget Statement 2013 (P.102/2012): third amendment.  P.102/2012. Lodged: 20th November 2012.  Amd.(3) Connétable of St. Helier .

Draft Finance (2013 Budget) (Jersey) Law 201-.  P.103/2012. Lodged: 17th October 2012.

Minister for Treasury and Resources.

Draft Income Tax (Amendment No. 41) (Jersey) Law 201-.  P.104/2012. Lodged: 17th October 2012.

Minister for Treasury and Resources.

Draft Income Tax (Amendment No. 41) (Jersey) Law 201- (P.104/2012): amendment.  P.104/2012. Lodged: 20th November 2012.  Amd. Minister for Treasury and Resources.

Draft Goods and Services Tax (Amendment No. 4) (Jersey) Law 201-.  P.105/2012. Lodged: 17th October 2012.

Minister for Treasury and Resources.

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 .

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

Deputy G.P. Southern of St. Helier .

Old Age Pension: increase for 2012 (P.97/2012) – comments.  P.97/2012. Presented: 7th November 2012.  Com. Minister for Social Security.

Old Age Pension: increase for 2012 (P.97/2012) – amendment.  P.97/2012. Lodged: 20th November 2012.  Amd. Deputy G.P. Southern of St. Helier .

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

Minister for Social Security.

Draft Social Security (Amendment of Law No. 4) (Jersey) Regulations 201-  P.101/2012. (P.101/2012): amendment.  Amd. Lodged: 20th November 2012.

Minister for Social Security.

Income Tax: Report on Personal Income Tax Assessments.  P.106/2012. Lodged: 18th October 2012.

Deputy G.P. Southern of St. Helier .

Draft Alternative Investment Funds (Jersey) Regulations 201-. P.109/2012. Lodged: 23rd October 2012.

Minister for Economic Development.

Draft Financial Services (Amendment of Law No. 4) (Jersey) Regulations 201-. P.110/2012. Lodged: 23rd October 2012.

Minister for Economic Development.

Commissioner of Appeal for Taxes Office: appointment.  P.116/2012. Lodged: 31st October 2012.

Minister for Treasury and Resources.

Jersey Heritage Trust: appointment of Chairman.  P.117/2012. Lodged: 2nd November 2012.

Minister for Education, Sport and Culture.

11th December 2012

Jersey Appointments Commission: appointment of Commissioner.  P.108/2012. Lodged: 23rd October 2012.

Chief Minister.

Draft Intellectual Property (Unregistered Rights) (Jersey) Law 2011 (Appointed Day)  P.111/2012. Act 201-.

Lodged: 30th October 2012.

Minister for Economic Development.

Draft Intellectual Property (Unregistered Rights) (Application, Transitional  P.112/2012. Provisions and Savings) (Jersey) Regulations 201-.

Lodged: 30th October 2012.

Minister for Economic Development.

Tourism Shadow Board: establishment.  P.113/2012. Lodged: 30th October 2012.

Minister for Economic Development.

Draft Fire Precautions (Amendment No. 2) (Jersey) Law 2012 (Appointed Day) Act  P.114/2012. 201-.

Lodged: 30th October 2012.

Minister for Home Affairs.

Draft Fire Precautions (Designated Premises) (Jersey) Regulations 201-.  P.115/2012. Lodged: 30th October 2012.

Minister for Home Affairs.

Draft Repatriation of Prisoners (Jersey) Law 2012 (Appointed Day) Act 201-.  P.121/2012. Lodged: 13th November 2012.

Minister for Home Affairs.

Draft Health Insurance (Amendment No. 14) (Jersey) Law 2012 (Appointed Day) Act  P.122/2012. 201-.

Lodged: 13th November 2012.

Minister for Social Security.

15th January 2013

Committee of Inquiry: Historical Child Abuse.  P.118/2012. Lodged: 6th November 2012.

Council of Ministers.

Connétable s and other parish officials: explanatory document and new legislation.  P.119/2012. Lodged: 6th November 2012.

Deputy M.R. Higgins of St. Helier .

Minister for Justice and Department of Justice: report.  P.120/2012. Lodged: 13th November 2012.

Senator L.J. Farnham .

Greville Bathe Fund: appointment of Jurat.  P.123/2012. Lodged: 16th November 2012.

Minister for Treasury and Resources.

Jersey Innovation Fund: establishment, funding and operation.  P.124/2012. Lodged: 20th November 2012.

Minister for Treasury and Resources.

19th February 2013

Police Station Relocation: review of decision (as amended). Lodged: 2nd October 2012.

Deputy J.A. Martin of St. Helier .

Police Station Relocation: review of decision (P.92/2012) – comments. Presented: 19th November 2012.

Council of Ministers.

Police Station Relocation: review of decision (P.92/2012) – comments. Presented: 20th November 2012.

Minister for Planning and Environment.


P.92/2012.

P.92/2012. Com.

P.92/2012. Com.(2)

THE STATES rose at 6.08 p.m.

M.N. DE LA HAYE Greffier of the States