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States Minutes 5th March 2013

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THE STATES assembled on Tuesday 5th March 2013, at 09.30 a.m. under the Presidency of the Deputy Bailiff , William James Bailhache , Esquire.

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His Excellency the Lieutenant Governor, General Sir John McColl, K.C.B., C.B.E., D.S.O. was present.

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

Senator Alan John Henry Maclean – absent on States business

Connétable Daniel Joseph Murphy of Grouville – absent on States business Deputy James Gordon Reed of St. Ouen – excused attendance

Deputy Carolyn Fiona Labey of Grouville – en défaut

Deputy Shona Pitman of St. Helier – en défaut

Deputy James Patrick Gorton Baker of St. Helier ill

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Prayers

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Subordinate enactments tabled

The following enactments were tabled, namely –

Community Provisions (Restrictive Measures – North Korea) (Amendment No. 6)  R&O.26/2013. (Jersey) Order 2013.

Chief Minister.

Road Racing (Karts) (Jersey) Order 2013.  R&O.27/2013. Minister for Transport and Technical Services.

Road Traffic ( St. Helier ) (Amendment No. 26) (Jersey) Order 2013.  R&O.28/2013. Minister for Transport and Technical Services.

Documents presented or laid

Committee of Inquiry: Historical Child Abuse (P.118/2012) – comments.  P.118/2012. Presented: 4th March 2013.  Com.(2) Minister for Treasury and Resources.

Committee of Inquiry: Historical Child Abuse (P.118/2012) – amendment  P.118/2012. (P.118/2012 Amd.) – second amendment (P.118/2012 Amd.Amd.(2)) – comments.  Amd. Presented: 4th March 2013.  Amd.(2) Council of Ministers.  Com.

67   Price code: B

Draft Financial Regulation (Disclosure of Information) (Amendments) (Jersey)  P.7/2013. Regulations 201- (P.7/2013): comments.  Com. Presented: 1st March 2013.

Economic Affairs Scrutiny Panel.

HSBC Middle East (HBME): investigation (P.10/2013) – comments.  P.10/2013. Presented: 5th March 2013.  Com. Chief Minister.

Land Transactions under Standing Order 168(3) – lease of land known as 2D Jersey  R.13/2013. Airport, St. Peter to Hangar8 Jersey Limited.

Presented: 27th February 2013.

Minister for Treasury and Resources.

States of Jersey Police: Policing Plan 2013.  R.14/2013 Presented: 1st March 2013.

Minister for Home Affairs.

States of Jersey Housing Transformation Programme: Full Business Case.  R.15/2013. Presented: 4th March 2013.

Minister for Housing.

Land Transactions under Standing Order 168(3) – Grainville Bungalow, Grainville  R.16/2013. Playing Fields, St. Saviour 's Hill, St. Saviour – lease.

Presented: 5th March 2013.

Minister for Treasury and Resources.

Green Street Police HQ: Traffic and Parking.  S.R.3/2013. Presented: 28th February 2013.

Environment Scrutiny Panel.

Relocation of Police Head Quarters to Green Street Car Park (S.R.19/2012) –  S.R.19/2012. response of the Minister for Home Affairs.  Res. Presented: 22nd February 2013.

Minister for Home Affairs.

Relocation of Police Head Quarters to Green Street Car Park (S.R.19/2012):  S.R.19/2012. addendum – (S.R.19/2012 Add.) – response of the Minister for Home Affairs.  Add. Res. Presented: 22nd February 2013.

Minister for Home Affairs.

Tourism Shadow Board (S.R.1/2013) – response of the Minister for Economic  S.R.1/2013. Development.  Res. Presented: 28th February 2013.

Minister for Economic Development.

Population and Migration Review – Part 2 (S.R.2/2013) – response of the Chief  S.R.2/2013. Minister.  Res. Presented: 5th March 2013.

Chief Minister.

Report on the Financial Report and Accounts of the States of Jersey for the year ended  P.A.C.1/2013. 31st December 2011.

Presented: 1st March 2013.

Public Accounts Committee.

Notification of lodged propositions

Committee of Inquiry: Historical Child Abuse (P.118/2012) – amendment  P.118/2012 (P.118/2012 Amd.) – second amendment.  Amd.Amd.(2) Lodged: 26th February 2013.

Deputy M. Tadier of St. Brelade .

Committee of Inquiry: Historical Child Abuse (P.118/2012) – amendment  P.118/2012 (P.118/2012 Amd.) – third amendment.  Amd.Amd.(3) Lodged: 27th February 2013.

Council of Ministers.

Draft Social Security (Amendment of Law No. 5) (Jersey) Regulations 201-  P.15/2013. (P.15/2013) – amendment.  Amd. Lodged: 5th March 2013.

Deputy G.P. Southern of St. Helier .

Draft Taxation (Implementation) (Amendment) (Jersey) Law 201-.  P.30/2013. Lodged: 22nd February 2013.

Chief Minister.

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

Senator A. Breckon.

Jersey Competition Regulatory Authority: re-appointment of Chairman.  P.32/2013. Lodged: 28th February 2013.

Minister for Economic Development.

The Reform of Social Housing.  P.33/2013. Lodged: 4th March 2013.

Council of Ministers.

Draft States of Jersey (Amendment No. 6) Law 201-.  P.34/2013. Lodged: 5th March 2013.

Chief Minister.

Draft Register of Names and Addresses (Register Entries) (Jersey) Regulations 201-.  P.35/2013. Lodged: 5th March 2013.

Chief Minister.

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 – Committee of Inquiry: Historical Child Abuse (P.118/2012) – amendment  P.118/2012. (P.118/2012 Amd.) – amendment.  Amd.Amd. Lodged: 12th February 2013.

Deputy M. Tadier of St. Brelade .

Written Questions

(see Official Report/Hansard)

The  Minister  for  Home  Affairs  tabled  an  answer  to  a  question  asked  by   Deputy  T.M. Pitman  of St. Helier regarding allegations in respect of the Historic Child Abuse investigation.

The  Minister  for  Treasury  and  Resources  tabled  an  answer  to  a  question  asked  by   Deputy S.S.P.A. Power of St. Brelade regarding the payment methods offered to the public by States owned utility companies.

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 number of foot amputations in Jersey in the last 2 calendar years associated with diabetes.

The  Minister  for  Economic  Development  tabled  an  answer  to  a  question  asked  by   Deputy R.G. Le Hérissier of St. Saviour regarding the revocation of bulk' licences for employment.

The Minister for Social Security tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour  regarding  Income  Support  claimants  pursuing  further  and  higher  education  rather  than immediately seeking employment.

The  Minister  for  Economic  Development  tabled  an  answer  to  a  question  asked  by   Deputy R.G. Le Hérissier of St. Saviour regarding the introduction of a Financial Ombudsman.

H.M. Attorney General  tabled  an  answer  to  a  question  asked  by   Deputy  T.M. Pitman  of   St. Helier regarding private prosecutions.

H.M. Attorney General  tabled  an  answer  to  a  question  asked  by   Deputy  T.M. Pitman  of   St. Helier regarding miscarriages of justice in Jersey.

The Chairman of the Privileges and Procedures Committee tabled an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding the content of the information to accompany the referendum publicity.

The  Chairman  of  the  Comité  des   Connétable s  tabled  an  answer  to  a  question  asked  by   Deputy T.M. Pitman of St. Helier regarding informing Islanders of the impact of the referendum on urban parish representation.

The  Minister  for  Home  Affairs  tabled  an  answer  to  a  question  asked  by   Deputy  T.M. Pitman  of St. Helier regarding the basis for refuting that an East European sex-ring was operating within the Island.

The  Minister  for  Treasury  and  Resources  tabled  an  answer  to  a  question  asked  by   Deputy G.C.L. Baudains of St. Clement regarding Jersey Telecom's acceptance of cheques.

The  Minister  for  Economic  Development  tabled  an  answer  to  a  question  asked  by   Deputy G.C.L. Baudains  of   St. Clement  regarding  the  investigation  of  local  fuel  supplies  by  the  Jersey Competition Regulatory Authority.

The Minister for Planning and Environment tabled an answer to a question asked by Deputy J.H. Young of St. Brelade regarding the granting of planning permissions inconsistent with the Island Plan 2011.

The Minister for Planning and Environment tabled an answer to a question asked by Deputy J.H. Young of St. Brelade regarding the performance of the Planning Department in processing planning and building applications since 2010.

The Minister for Planning and Environment tabled an answer to a question asked by Deputy J.H. Young of St. Brelade regarding the direct costs incurred by the Planning Department in processing planning and building applications during 2012.

The Minister for Planning and Environment tabled an answer to a question asked by Deputy J.H. Young of St. Brelade regarding the total income received from planning and building application fees respectively, for each of the last 5 years to 2012.

The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the modernisation review of public sector terms and conditions.

The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the finalisation of a set of principles based on the U.K. Transfer of Undertakings (TUPE) legislation.

The Minister for Economic Development tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the provision of a breakdown of non-locally qualified licences as at the end of 2009.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the number of middle grade and senior doctors who had left the service over recent months.

The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the integrated reward framework to resolve the structural inequality between nurses and other health professionals.

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy J.H. Young of St. Brelade regarding the future of the Explorer' bus service.

The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the provision of a detailed chronology of all negotiations and correspondence with the Public Sector unions in dispute with the States of Jersey over their pay and conditions.

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding public access to the operational records of Bellozanne.

The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding securing public networks in Jersey from cyber-terrorism.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the screening conducted on staff and members of the public living around the Bellozanne area.

The Minister for Health and Social Services tabled an answer to a question asked by the Deputy of St. Peter regarding the current length of waiting lists to see hospital consultants.

Oral Questions

(see Official Report/Hansard)

Deputy G.C.L. Baudains of St. Clement asked a question of the Assistant Minister for Treasury and Resources regarding the progress of the Fort Regent Political Steering Group.

Deputy R.G. Le Hérissier of St. Saviour asked a question of the Minister for Treasury and Resources (designated by the Chief Minister to discharge the functions of the Minister for Economic Development in his absence) regarding the supply of super-unleaded fuel to the Island.

Deputy M.R. Higgins of St. Helier asked a question of the Chief Minister regarding the legal costs of the Historic Child Abuse Redress Scheme.

Deputy J.A. Hilton of St. Helier asked a question of the Minister for Health and Social Services regarding the recent resignation of middle-grade doctors.

Deputy  J.H. Young  of   St. Brelade asked a question of the Minister for Planning and Environment regarding a Planning Obligation Agreement for Plémont Holiday Village.

Deputy G.C.L. Baudains of St. Clement asked a question of the Minister for Treasury and Resources regarding the extent of States ownership of property and infrastructure at La Collette.

Deputy T.M. Pitman of St. Helier asked a question of the Chairman of the Privileges and Procedures Committee regarding revisiting the recommendations made in the Carswell report regarding the dual role of the Bailiff .

Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding the process for consultation over the modernisation of terms and conditions for the public sector.

Deputy M. Tadier of St. Brelade asked a question of the Minister for Transport and Technical Services regarding the commitments given by one of his predecessors in relation to future bus company staff transfers.

Deputy J.H. Young of St. Brelade asked a question of the Minister for Transport and Technical Services regarding the frequency of the Route 12 daytime bus service.

Deputy R.G. Le Hérissier of St. Saviour asked a question of the Minister for Treasury and Resources regarding the future of the Gigabit Jersey project following staff redundancies at the company sub- contracted to roll out the scheme.

Deputy J.A. Hilton of St. Helier asked a question of the Minister for Health and Social Services regarding delays in recruiting Consultants.

Deputy M. Tadier of St. Brelade asked a question of the Chairman of the Comité des Connétable s regarding  the  use of Parish resources, funds and amenities to promote one side or another in the forthcoming referendum.

Deputy G.P. Southern of St. Helier asked a question of the Chairman of the Privileges and Procedures Committee regarding consideration of the Venice Commission's guidelines for referendum best practice.

Senator S.C. Ferguson asked a question of the Minister for Health and Social Services regarding the Human Rights compliance of the mental health legislation in Jersey.

Deputy M.R. Higgins of St. Helier asked a question of the Chief Minister regarding the number of Historic Child Abuse victims compensated to date.

Deputy T.M. Pitman of St. Helier asked a question of H.M. Attorney General regarding independent forensic testing of disputed statements and documents.

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.

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

The Chairman of the Corporate Services Population and Migration Sub-Panel made a statement on the Sub-Panel's recent review.

Police Station Relocation: review of decision (as amended) 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 (as amended)' (P.92/2012).

Adjournment

THE STATES adjourned, having agreed to reconvene on Wednesday 6th March 2013 to continue its consideration of the proposition of Deputy Judith Ann Martin of St. Helier entitled Police Station Relocation: review of decision (as amended)' (P.92/2012) and the outstanding items of public business.

THE STATES rose at 5.30 p.m.

A.H. HARRIS Deputy Greffier of the States