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States Minutes 4th June 2013

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THE STATES assembled on Tuesday 4th June 2013, at 09.30 a.m. under the Presidency of the Deputy Bailiff , William James Bailhache , Esquire.

 __________________

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

Senator Ian Joseph Gorst – absent on States business (arrived in the Chamber at 5.15 p.m.) Connétable Daniel Joseph Murphy of Grouville ill

Deputy Carolyn Fiona Labey of Grouville – en défaut

Deputy Trevor Mark Pitman of St. Helier – en défaut (défaut raised at 9.44 a.m.)

Deputy Jeremy Martin Maçon of St. Saviour – absent on States business

 __________________

Prayers

 __________________

Subordinate enactments tabled

The following enactments were tabled, namely –

Immigration (Fees) (Amendment No. 3) (Jersey) Order 2013.  R&O.66/2013. Minister for Home Affairs.

Children (Amendment No. 2) Rules 2013.  R&O.67/2013. Superior Number of the Royal Court.

Community Provisions (Restrictive Measures – Myanmar/Burma) (Jersey) Order  R&O.68/2013. 2013.

Chief Minister.

Road Traffic ( St. Saviour ) (Amendment No. 7) (Jersey) Order 2013.  R&O.69/2013. Minister for Transport and Technical Services.

Community Provisions (Restrictive Measures – Somalia) (Amendment No. 3) (Jersey)  R&O.70/2013. Order 2013.

Chief Minister.

Documents presented or laid

Draft Taxation (Accounting Records) (Jersey) Regulations 201- (P.50/2013) –  P.50/2013. addendum.  Add. Presented: 30th May 2013.

Chief Minister.

Jersey Employment Tribunal: Annual Report 2012.  R.45/2013. Presented: 20th May 2013.

Minister for Social Security.

185   Price code: C

Land Transactions under Standing Order 168(3) – V12AA and V12O Victoria Pier –  R.46/2013. lease.

Presented: 22nd May 2013.

Minister for Treasury and Resources.

Jersey Council for Safety and Health at Work: appointment of Chairman.  R.47/2013. Presented: 23rd May 2013.

Minister for Social Security.

Jersey Employment Tribunal: re-appointment of Employer Side Member.  R.48/2013. Presented: 23rd May 2013.

Minister for Social Security.

Jersey Air Quality Strategy and Action Plan.  R.49/2013. Presented: 23rd May 2013.

Minister for Planning and Environment.

Land Transactions under Standing Order 168(3) –  R.50/2013.

  1. Wilco Greenhouse, Howard Davis Farm, La Route de la Trinité, Trinity

proposed letting;

  1. "Anchorage Site", Gorey Pier, St. Martin – proposed sale.

Presented: 29th May 2013.

Minister for Treasury and Resources.

Code of Practice on Public Access to Official Information: Annual Report for 2012.  R.51/2013. Presented: 29th May 2013.

Privileges and Procedures Committee.

Jersey Competition Regulatory Authority: appointment of Non-Executive Director.  R.52/2013. Presented: 30th May 2013.

Minister for Economic Development.

States of Jersey Complaints Panel: report for 2012.  R.53/2013. Presented: 31st May 2013.

Privileges and Procedures Committee.

Jersey Teachers' Superannuation Fund – Actuarial Valuation Report as at 31st  R.54/2013. December 2010.

Presented: 4th June 2013.

Chief Minister.

Notification of lodged propositions

Ratification of the Convention between Jersey and the Grand Duchy of Luxembourg  P.58/2013. for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with

Respect to Taxes on Income and on Capital.

Lodged: 21st May 2013.

Chief Minister.

Draft Taxation (Double Taxation) (Amendment No. 2) (Jersey) Regulations 201-.  P.59/2013. Lodged: 21st May 2013.

Chief Minister.

Historic buildings in Pitt Street and Dumaresq Street: request to Minister for Planning  P.60/2013. and Environment.

Lodged: 29th May 2013.

Connétable of St. Helier .

Draft Security Interests (Amendment of Law) (Jersey) Regulations 201-.  P.61/2013. Lodged: 31st May 2013.

Minister for Economic Development.

Draft Trusts (Amendment No. 6) (Jersey) Law 201-.  P.62/2013. Lodged: 31st May 2013.

Minister for Economic Development.

Draft Social Housing (Transfer) (Jersey) Law 201-.  P.63/2013. Lodged: 31st May 2013.

Minister for Housing.

Draft States of Jersey (Amendment No. 7) Law 201-.  P.64/2013. Lodged: 3rd June 2013.

Privileges and Procedures Committee.

Draft Amendment (No. 21) of the Standing Orders of the States of Jersey.  P.65/2013. Lodged: 3rd June 2013.

Privileges and Procedures Committee.

Draft Income Support (Amendment No. 9) (Jersey) Regulations 201-.  P.66/2013. Lodged: 4th June 2013.

Minister for Social Security.

Draft States of Jersey (Minister for External Relations) (Jersey) Regulations 201-.  P.67/2013. Lodged: 4th June 2013.

Chief Minister.

Draft Dwelling-Houses (Rent Control) (Standard Tenancy Agreement) (Jersey)  P.68/2013. Regulations 201-.

Lodged: 4th June 2013.

Minister for Housing.

Draft Firearms (Amendment No. 3) (Jersey) Law 201-.  P.69/2013. Lodged: 4th June 2013.

Minister for Home Affairs.

Draft Loi (201-) (Amendement) sur la Voirie.  P.70/2013. Lodged: 4th June 2013.

Comité des Connétable s.

Island Plan Review.  P.71/2013. Lodged: 4th June 2013.

Deputy J.H. Young of St. Brelade .

Hospital Outpatients: re-introduction of prescriptions charges.  P.72/2013. Lodged: 4th June 2013.

Minister for Health and Social Services.

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 –

Code of Conduct for Elected Members: Commissioner for Standards. P.4/2013. Lodged: 14th January 2013.

Privileges and Procedures Committee.

Appointment of unelected members of the Public Accounts Committee

In accordance with the provisions of Standing Order 124(1), Deputy Tracey Anne Vallois of St. Saviour , Chairman of the Public Accounts Committee, nominated Mr. Robert John Parker  as an unelected member of the Public Accounts Committee.

There having been no further nominations in accordance with the provisions of Standing Order 124(2), the Deputy Bailiff declared that  Mr. Robert John Parker had been duly appointed as an unelected member of the Public Accounts Committee.

Education and Home Affairs Scrutiny Panel – appointment of member

In accordance with Standing Order 125(7) the Connétable of St. Martin , Vice-Chairman of the Education and Home Affairs Scrutiny Panel nominated Deputy Geoffrey Peter Southern of St. Helier as a member of the Education and Home Affairs Scrutiny Panel. There being no other nominations, the Deputy Bailiff declared that Deputy Geoffrey Peter Southern of St. Helier had been duly appointed as a member of the Education and Home Affairs Scrutiny Panel.

Written Questions

(see Official Report/Hansard)

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 annual running costs of the Commissioning Unit.

The Chief Minister tabled an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding a declaration of interests by civil servants.

The Chief Minister tabled an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the application of new work legislation to "zero hours" contracts.

The Chairman of Privileges and Procedures Committee tabled an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the submission of comments to propositions.

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 lodging of a proposition relating to death by careless driving.

The Minister for Planning and Environment tabled an answer to a question asked by the Connétable of St. John regarding the Esplanade Quarter office building.

The Minister for Transport and Technical Services tabled an answer to a question asked by the Connétable of St. John regarding the maintenance and running costs of the fume extraction equipment of the proposed Waterfront sunken road.

The Chairman of Privileges and Procedures Committee tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the progress made by the Machinery of Government Panel and the submission of its final report.

The Minister for Economic Development tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding Harbour mud berth charges.

The Minister for Housing tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the estimate of current demand for social rental accommodation by size.

The Minister for Housing tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding weighted average rent increases.

The Minister for Planning and Environment tabled an answer to a question asked by Deputy J.H. Young of St. Brelade regarding the proposed development of part of the Esplanade Car Park.

The Minister for Planning and Environment tabled an answer to a question asked by Deputy J.H. Young of St. Brelade regarding an urgent review of Housing polices of the Island Plan.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy J.H. Young of St. Brelade regarding the proposed development of part of the Esplanade Car Park.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the projected costs of the Housing Transformation programme.

Oral Questions

(see Official Report/Hansard)

Deputy M.R. Higgins of St. Helier asked a question of the Minister for Home Affairs regarding an external police force investigation into complaints made against the Chief Officer and Deputy Chief Officer of the States of Jersey Police by ex-police officers.

Deputy  T.M. Pitman  of   St. Helier  asked  a  question  of  the  Minister  for  Planning  and Environment regarding heating boiler replacements installed as part of the Energy Efficiency Scheme launched in 2009.

Deputy R.G. Le Hérissier of St. Saviour asked a question of the Minister for Heath and Social Services regarding additional resources for diabetic services over the next 10 years.

Deputy M. Tadier of St. Brelade asked a question of the Minister for Education, Sport and Culture regarding the practices and procedures for dismissing staff at private schools.

Deputy G.C.L. Baudains of St. Clement asked a question of the Minister for Health and Social Services regarding the proposed Public Health and Safety (Dwellings) (Jersey) Law.

The Connétable of St. John of asked a question of the Minister for Treasury and Resources regarding JT's fault reporting service.

Deputy G.P. Southern of St. Helier asked a question of the Vice-Chairman of the States Employment Board regarding meetings between the States Employment Board and employee representatives.

The Connétable of St. John asked a question of the Minister for Treasury and Resources regarding main drains extensions into the countryside over the next 2 years.

Deputy G.C.L. Baudains of St. Clement asked a question of the Chairman of the Comité des Connétable s regarding procedures used to ensure consistent foliage clearance prior to the branchage.

Deputy R.G. Le Hérissier of St. Saviour asked a question of the Minister for Treasury and Resources regarding sums allocated to implement the recommendations of the McKinsey Report.

Deputy M.R. Higgins of St. Helier asked a question of the Minister for Economic Development regarding Flybe's decision to sell its landing rights at Gatwick airport to Easyjet.

Deputy  G.P. Southern  of St. Helier asked a question of the Chief Minister regarding the resource implications of the population projections produced by the Statistics Unit.

Deputy T.M. Pitman of St. Helier asked a question of H.M. Attorney General regarding the court proceedings of 3rd November 2010 against former Senator Stuart Syvret.

Oral Questions without notice (see Official Report/Hansard)

The Minister for Treasury and Resources answered questions without notice from members. Parish Rates: the States' liability P.40/2013

THE STATES rejected paragraph (a) of a proposition of the Connétable of St. Helier to endorse proposals 1 and 2 contained in the Report by the Working Party set up by the Minister for Treasury and Resources, included as an Appendix to the proposition Parish Rates: the States' Liability' (P.68/2008), namely that the States, like other ratepayers, should be liable for both Parish Rates and Island Wide Rates on all their properties; and that the additional cost to the States in meeting their rates liability should be contained within existing States budgets, except where such costs form part of a service whose costs were recovered in the form of charges to end users.

Members present voted as follows –

POUR: 17 CONTRE: 29 ABSTAIN: 0

Senator A. Breckon

Senator S.C. Ferguson Connétable of St. Helier Deputy R.G. Le Hérissier (S) Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy J.A. Hilton (H) Deputy J.A.N. Le Fondré (L) Deputy S. Pitman (H) Deputy M. Tadier (B) Deputy T.M. Pitman (H) Deputy M.R. Higgins (H)


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 L.J. Farnham

Senator P.M. Bailhache

Connétable of Trinity

Connétable of St. Clement

Connétable of St. Peter

Connétable of St. Lawrence Connétable of St. Mary

Deputy A.K.F. Green (H) Deputy J.P.G. Baker (H) Deputy of St. Mary Deputy R.G. Bryans (H) Deputy R.J. Rondel (H)


Connétable of St. John

Connétable of St. Ouen

Connétable of St. Brelade

Connétable of St. Martin

Deputy R.C. Duhamel (S)

Deputy of St. Ouen

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

Deputy J.H. Young (B)

Deputy S.J. Pinel (C)

Deputy of St. Martin

Deputy of St. Peter

Following the rejection of paragraph (a) of the proposition of the Connétable of St. Helier , the Deputy Bailiff informed the Assembly that paragraph (b) of the same proposition, requesting the Minister for Treasury and Resources to take the necessary steps to make available adequate funding for 2014 and 2015 from central reserves to enable rates to be paid from 2014 on public land and buildings (which were currently exempt from both foncier and occupier rates in accordance with Articles 17 and 18 respectively of the Rates (Jersey) Law 2005) without seeking to recover such payment from the Parishes, and to request the Council of Ministers to ensure that adequate provision was made in the next Medium Term Financial Plan to meet the cost from 2016, was deemed to have been withdrawn.

Ratification of the Agreement between the Government of Jersey and the Government of the Isle of Man for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income P.46/2013

THE STATES ratified the Agreement between the Government of Jersey and the Government of the Isle of Man for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, as set out in Appendix 1 to the report of the Chief Minister dated 15th March 2013.

Members present voted as follows –

POUR: 36 CONTRE: 3 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator A. Breckon Senator S.C. Ferguson Senator B.I. Le Marquand Senator F. du H. Le Gresley Senator L.J. Farnham Senator P.M. Bailhache Connétable of Trinity Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Ouen Connétable of St. Brelade


Deputy G.P. Southern (H) Deputy M. Tadier (B)

Deputy T.M. Pitman (H)

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 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 E.J. Noel (L) Deputy T.A. Vallois (S) Deputy A.K.F. Green (H) 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)

Ratification of the Agreement between the Government of Jersey and the States of Guernsey for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income P.47/2013

THE STATES ratified the Agreement between the Government of Jersey and the States of Guernsey for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, as set out in Appendix 1 to the report of the Chief Minister dated 15th March 2013.

Members present voted as follows –

POUR: 37 CONTRE: 2 ABSTAIN: 0

Senator P.F. Routier

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

Senator S.C. Ferguson Senator B.I. Le Marquand Senator F. du H. Le Gresley Senator L.J. Farnham Senator P.M. Bailhache Connétable of Trinity Connétable of St. Lawrence 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 M. Tadier (B)

Deputy of St. Ouen

Deputy J.A. Hilton (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 E.J. Noel (L) Deputy T.A. Vallois (S) Deputy A.K.F. Green (H) 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 Unlawful Public Entertainments (Jersey) Regulations 201- P.48/2013

THE STATES commenced consideration of the Draft Unlawful Public Entertainments (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 Regulation 1.

Members present voted as follows –

POUR: 30 CONTRE: 5 ABSTAIN: 0

Senator P.F. Routier

Senator S.C. Ferguson Senator B.I. Le Marquand Senator F. du H. Le Gresley Senator L.J. Farnham Senator P.M. Bailhache Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Martin Deputy R.C. Duhamel (S) Deputy J.A. Martin (H) Deputy of St. Ouen

Deputy J.A. Hilton (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 T.A. Vallois (S)


Senator A. Breckon

Deputy R.G. Le Hérissier (S) Deputy M. Tadier (B)

Deputy T.M. Pitman (H)

Deputy G.C.L. Baudains (C)

Deputy A.K.F. Green (H) 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)

THE STATES adopted Regulation 2.

Members present voted as follows –

POUR: 31   CONTRE: 4  ABSTAIN: 1

Senator P.F. Routier   Senator A. Breckon   Deputy M.R. Higgins (H) Senator S.C. Ferguson   Deputy M. Tadier (B)

Senator B.I. Le Marquand   Deputy T.M. Pitman (H)

Senator F. du H. Le Gresley   Deputy G.C.L. Baudains (C)

Senator L.J. Farnham

Senator P.M. Bailhache

Connétable of St. Helier

Connétable of St. Clement

Connétable of St. Peter

Connétable of St. Lawrence

Connétable of St. John

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 J.A. Hilton (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 T.A. Vallois (S)

Deputy A.K.F. Green (H)

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 of St. Peter

Deputy R.J. Rondel (H)

THE STATES adopted Regulation 3. Members present voted as follows –

POUR: 32

Senator P.F. Routier

Senator A. Breckon

Senator S.C. Ferguson Senator B.I. Le Marquand Senator F. du H. Le Gresley Senator L.J. Farnham Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. John 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 J.A. Hilton (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 T.A. Vallois (S) Deputy A.K.F. Green (H) 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)


 CONTRE: 3  ABSTAIN: 1

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

  Deputy G.C.L. Baudains (C)

THE STATES adopted Regulation 4.

Members present voted as follows –

POUR: 32   CONTRE: 3  ABSTAIN: 0

Senator P.F. Routier Senator A. Breckon Senator S.C. Ferguson Senator B.I. Le Marquand Senator F. du H. Le Gresley Senator L.J. Farnham Senator P.M. Bailhache Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence


  Deputy M. Tadier (B)

  Deputy T.M. Pitman (H)

  Deputy G.C.L. Baudains (C)

Connétable of St. John 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 J.A. Hilton (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 T.A. Vallois (S) Deputy A.K.F. Green (H) 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

THE STATES adopted Regulation 5.

Members present voted as follows –

POUR: 34   CONTRE: 2  ABSTAIN: 1

Senator P.F. Routier   Deputy T.M. Pitman (H)   Deputy M.R. Higgins (H) Senator A. Breckon   Deputy G.C.L. Baudains (C)

Senator S.C. Ferguson

Senator B.I. Le Marquand

Senator F. du H. Le Gresley

Senator L.J. Farnham

Senator P.M. Bailhache

Connétable of St. Helier

Connétable of St. Clement

Connétable of St. Peter

Connétable of St. Lawrence

Connétable of St. John

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 J.A. Hilton (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 M. Tadier (B)

Deputy T.A. Vallois (S)

Deputy A.K.F. Green (H) 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)

THE STATES, in pursuance of the Order in Council dated 14th April 1884, made Regulations entitled the Unlawful Public Entertainments (Jersey) Regulations 2013.

Draft Control of Housing and Work (Business Licences – Annual Charges for Registered Persons) (Jersey) Regulations 201- P.52/2013

THE STATES commenced consideration of the principles of the Draft Control of Housing and Work (Business  Licences –  Annual  Charges  for  Registered  Persons)  (Jersey)  Regulations  201-  and,  after discussion, adopted a proposition of Deputy Judith Ann Martin of St. Helier that, in accordance with Standing Order 85, the Assembly move to the consideration of the next item on the Order Paper.

Members present voted as follows –

POUR: 22   CONTRE: 18  ABSTAIN: 1 Senator S.C. Ferguson   Senator P.F. Routier   Deputy of St. John

Senator L.J. Farnham   Senator P.F.C. Ozouf

Connétable of St. Helier   Senator A. Breckon

Connétable of Trinity   Senator B.I. Le Marquand

Connétable of St. John   Senator F. du H. Le Gresley

Connétable of St. Martin   Senator P.M. Bailhache

Deputy R.C. Duhamel (S)   Connétable of St. Lawrence

Deputy R.G. Le Hérissier (S)   Connétable of St. Mary

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

Deputy G.P. Southern (H)   Deputy J.A. Hilton (H)

Deputy of St. Ouen   Deputy of Trinity

Deputy J.A.N. Le Fondré (L)   Deputy K.C. Lewis (S)

Deputy S.S.P.A. Power (B)   Deputy E.J. Noel (L)

Deputy S. Pitman (H)   Deputy A.K.F. Green (H)

Deputy M. Tadier (B)   Deputy J.H. Young (B)

Deputy T.M. Pitman (H)   Deputy S.J. Pinel (C)

Deputy T.A. Vallois (S)   Deputy of St. Martin

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

Deputy J.P.G. Baker (H)

Deputy of St. Mary

Deputy R.G. Bryans (H)

Deputy R.J. Rondel (H)

In accordance with Standing Order 106(1)(b), Senators Paul Francis Routier, Philip Francis Cyril Ozouf , Sarah Craig Ferguson and Lyndon John Farnham , the Deputies of St. Ouen and St. John , Deputy James Gorton Baker of St. Helier , the Deputy of St. Peter and Deputy Richard John Rondel of St. Helier declared an interest but remained in the Chamber for the duration of the debate. It was noted that this also applied to the Connétable s, who employed staff as part of their parochial responsibilities.

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 –

Draft Control of Housing and Work (Business Licences – Annual Charges for Registered P.52/2013. Persons) (Jersey) Regulations 201-.

Lodged: 23rd April 2013.

Chief Minister.

Draft Control of Housing and Work (Transitional and Consequential Provisions) (No. 2) (Jersey) Regulations 201- P.53/2013

THE STATES commenced consideration of the Draft Control of Housing and Work (Transitional and Consequential Provisions) (No. 2) (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 3.

THE STATES, in pursuance of Article 52 of the Control of Housing and Work (Jersey) Law 2012, made Regulations entitled Control of Housing and Work (Transitional and Consequential Provisions) (No. 2) (Jersey) Regulations 2013.

Draft Education (Amendment No. 2) (Jersey) Law 201- P.54/2013

THE STATES commenced consideration of the Draft Education (Amendment No. 2) (Jersey) Law 201- and adopted the principles.

Members present voted as follows –

POUR: 30 CONTRE: 7 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator S.C. Ferguson Senator A.J.H. Maclean Senator B.I. Le Marquand Senator F. du H. Le Gresley Senator L.J. Farnham Senator P.M. Bailhache Connétable of St. Helier Connétable of Trinity Connétable of St. Clement Connétable of St. Mary Connétable of St. Martin


Senator A. Breckon

Connétable of St. Ouen

Deputy J.A. Martin (H)

Deputy G.P. Southern (H)

Deputy S. Pitman (H)

Deputy T.A. Vallois (S)

Deputy G.C.L. Baudains (C)

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

Deputy J.A. Hilton (H) Deputy of Trinity

Deputy S.S.P.A. Power (B) Deputy K.C. Lewis (S) Deputy M.R. Higgins (H) Deputy A.K.F. Green (H) 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 of St. Peter

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 Education (Amendment No. 2) (Jersey) Law 201-.

In accordance with Standing Order 106(1)(a), Deputy John Hilary Young of St. Brelade declared an interest and withdrew from the Chamber for the duration of the debate.

Draft Taxation (Accounting Records) (Jersey) Regulations 201- P.50/2013

THE  STATES  commenced  consideration  of  the  Draft  Taxation  (Accounting  Records)  (Jersey) Regulations 201- and adopted the principles, having noted that the words and following the decision of the States, taken on the day these Regulations are made, to adopt P.50/2013' had been deleted from the preamble in accordance with Standing Order 75(4), which allowed for a clerical error to be amended, with the permission of the presiding officer.

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 Article 2(1) of the Taxation (Implementation) (Jersey) Law 2004, made Regulations entitled Taxation (Accounting Records) (Jersey) Regulations 2013.

Members present voted as follows –

POUR: 41   CONTRE: 1  ABSTAIN: 0 Senator P.F. Routier   Deputy T.M. Pitman (H)

Senator P.F.C. Ozouf

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 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 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 E.J. Noel (L) Deputy T.A. Vallois (S) Deputy M.R. Higgins (H) Deputy A.K.F. Green (H) 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)

Oral Questions without notice (see Official Report/Hansard)

The Chief Minister answered questions without notice from members. 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) –

18th June 2013

Draft Wills and Successions (Amendment No. 2) (Jersey) Law 201-.  P.38/2013. Lodged: 19th March 2013.

Chief Minister.

Chief Minister and Chairman of Comité des Connétable s: monthly meetings. P.51/2013. Lodged: 16th April 2013.

Deputy M. Tadier of St. Brelade .

Chief Minister and Chairman of Comité des Connétable s: monthly meetings  P.51/2013. (P.51/2013) – comments. Com. Presented: 13th May 2013.

Comité des Connétable s.

Chief Minister and Chairman of Comité des Connétable s: monthly meetings  P.51/2013. (P.51/2013) – comments. Com.(2). Presented: 13th May 2013.

Council of Ministers.

Approval of the Memorandum of Understanding between the Government of Jersey and  P.55/2013. Her Majesty's Revenue and Customs of the United Kingdom of Great Britain and

Northern Ireland relating to co-operation in tax matters.

Lodged: 30th April 2013.

Chief Minister.

Draft Taxation (Implementation) (Disclosure Facility) (Jersey) Regulations 201-.  P.56/2013. Lodged: 30th April 2013.

Chief Minister.

2nd July 2013

Committee of Inquiry: costs for local businesses.  P.31/2013. Lodged: 25th February 2013.

Senator A. Breckon.

Draft Succession to the Crown (Jersey) Law 201-.  P.57/2013. Lodged: 8th May 2013.

Chief Minister.

Ratification of the Convention between Jersey and the Grand Duchy of Luxembourg for  P.58/2013. the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to

Taxes on Income and on Capital.

Lodged: 21st May 2013.

Chief Minister.

Draft Taxation (Double Taxation) (Amendment No. 2) (Jersey) Regulations 201-.  P.59/2013. Lodged: 21st May 2013.

Chief Minister.

Historic buildings in Pitt Street and Dumaresq Street: request to Minister for Planning  P.60/2013. and Environment.

Lodged: 29th May 2013.

Connétable of St. Helier .

Draft Amendment (No. 21) of the Standing Orders of the States of Jersey.  P.65/2013. Lodged: 3rd June 2013.

Privileges and Procedures Committee.

Island Plan Review.  P.71/2013. Lodged: 4th June 2013.

Deputy J.H. Young of St. Brelade .

16th July 2013

Draft Security Interests (Amendment of Law) (Jersey) Regulations 201-.  P.61/2013. Lodged: 31st May 2013.

Minister for Economic Development.

Draft Trusts (Amendment No. 6) (Jersey) Law 201-.  P.62/2013. Lodged: 31st May 2013.

Minister for Economic Development.

Draft Social Housing (Transfer) (Jersey) Law 201-.  P.63/2013. Lodged: 31st May 2013.

Minister for Housing.

Victoria and George V Cottage Homes (Repeal of General Principles). P.44/2013. Lodged: 28th March 2013.

Minister for Housing.

Victoria and George V Cottage Homes (Repeal of General Principles) (P.44/2013):  P.44/2013. amendment.  Amd. Lodged: 3rd May 2013.

Deputy G.P. Southern of St. Helier .

Draft States of Jersey (Amendment No. 7) Law 201-.  P.64/2013. Lodged: 3rd June 2013.

Privileges and Procedures Committee.

Draft Income Support (Amendment No. 9) (Jersey) Regulations 201-.  P.66/2013. Lodged: 4th June 2013.

Minister for Social Security.

Draft States of Jersey (Minister for External Relations) (Jersey) Regulations 201-.  P.67/2013. Lodged: 4th June 2013.

Chief Minister.

Draft Dwelling-Houses (Rent Control) (Standard Tenancy Agreement) (Jersey)  P.68/2013. Regulations 201-.

Lodged: 4th June 2013.

Minister for Housing.

Draft Firearms (Amendment No. 3) (Jersey) Law 201-.  P.69/2013. Lodged: 4th June 2013.

Minister for Home Affairs.

Draft Loi (201-) (Amendement) sur la Voirie.  P.70/2013. Lodged: 4th June 2013.

Comité des Connétable s.

Hospital Outpatients: re-introduction of prescriptions charges.  P.72/2013. Lodged: 4th June 2013.

Minister for Health and Social Services.

THE STATES rose at 5.41 p.m.

M.N. DE LA HAYE Greffier of the States