States Minutes 5th November 2013

THE STATES assembled on Tuesday 5th November 2013, at 09.30 a.m. under the Presidency of the Bailiff ,

Sir Michael Birt.

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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 – excused attendance

Senator Ian Joseph Gorst – en défaut (défaut raised at 9.39 a.m.)

Senator Sir Philip Martin Bailhache – absent on States business

Deputy James Patrick Gorton Baker of St. Helier – absent on States business Deputy Kristina Louise Moore of St. Peter – ill

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Prayers

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Churchill Award for Courage

The Bailiff announced that Ms. Wendy Trehiou was to receive the Churchill Award for Courage on 7th November  2013,  in  recognition  of  her  outstanding  achievement  in  completing  the  double  English Channel swim in August 2013.

Deputy Greffier of the States – retirement

The Bailiff advised the Assembly that the Deputy Greffier of the States, Mrs. Anne Helen Harris , had announced her intention to retire at the end of April 2014.

Tribute to the late General Sir Michael Wilkes, K.C.B., C.B.E, former Lieutenant Governor

The Bailiff paid tribute to the late General Sir Michael Wilkes, K.C.B., C.B.E, Lieutenant Governor of the Island between 1995 and 2000.

The States observed one minute's silence as a mark of respect.

Subordinate enactments tabled

The following enactments were tabled, namely –

Community Provisions (Restrictive Measures – Zimbabwe) (No. 6) (Amendment  R&O.137/2013. No. 8) (Jersey) Order 2013.

Minister for External Relations.

363   Price code: C

Minister for Housing.

Employment (Minimum Wage) (Amendment No. 7) (Jersey) Order 2013.  R&O.139/2013. Minister for Social Security.

Taxation (Exchange of Information with Third Countries) (Specified Date (France))  R&O.140/2013. (Jersey) Order 2013.

Minister for External Relations.

Documents presented or laid

Composition and election of the States Assembly: reform – (P.93/2013, P.94/2013,  P.93, P.94, P.98/2013, P.116/2013, P.117/2013 and associated amendments) – comments.  P.98, P.116, Presented: 25th October 2013.  P.117/2013. Privileges and Procedures Committee.  Com. (re-issue)

Public Elections: amendments to legislation and administration (P.110/2013) –  P.110/2013. amendment (P.110/2013 Amd.) – comments.  Amd.Com. Presented: 4th November 2013.

Privileges and Procedures Committee.

Minister for Transport and Technical Services: vote of censure (P.129/2013) –  P.129/2013. comments.  Com. Presented: 4th November 2013.

Council of Ministers.

Minister for Transport and Technical Services: vote of censure (P.129/2013) –  P.129/2013. comments.  Com.(2). Presented: 4th November 2013.

Minister for Transport and Technical Services.

Land Transactions under Standing Order 168(3) –  R.136/2013.

1. Fields 445, 447 and 448, La Route de St. Catherine, St. Martin – lease;
2. 54 Oak Tree Gardens, St. Helier – sale;
3. 78 Oak Tree Gardens, St. Helier – sale.

Presented: 24th October 2013.

Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – Health and Social Services –  R.137/2013. revised delegations October 2013.

Presented: 1st November 2013.

Minister for Health and Social Services.

Land Transactions under Standing Order 168(3) –  R.138/2013.

1. Beresford House, Bellozanne Road, St. Helier – lease of part to Andrew Harvey

Architects;

2. Chez Marguerite, 3 Elizabeth Place, St. Helier – sale;
3. La Préférence Children's Home, La Grande Route de St. Martin , St. Martin – sale

Presented: 5th November 2013.

Minister for Treasury and Resources.

Notification of lodged propositions

Long-Term Care Scheme (P.99/2013): amendment.  P.99/2013. Lodged: 5th November 2013.  Amd. Deputy J.H. Young of St. Brelade .

Public Elections: amendments to legislation and administration (P.110/2013) –  P.110/2013. amendment.  Amd. Lodged: 23rd October 2013.

Comité des Connétable s.

Public Elections: amendments to legislation and administration (P.110/2013) – second  P.110/2013. amendment.  Amd.(2) Lodged: 5th November 2013.

Deputy M. Tadier of St. Brelade .

Draft Public Finances (Amendment of Law No. 1) (Jersey) Regulations 201-.  P.133/2013. Lodged: 24th October 2013.

Minister for Treasury and Resources.

Ratification of the Agreement between the Government of Jersey and the Swiss  P.134/2013. Federal Council for the Exchange of Information on Tax Matters.

Lodged: 28th October 2013.

Minister for External Relations.

Minimum wage: amendment.  P.135/2013. Lodged: 29th October 2013.

Deputy G.P. Southern of St. Helier .

Draft Long-Term Care (Residency Conditions) (Jersey) Regulations 201-.  P.136/2013. Lodged: 29th October 2013.

Minister for Social Security.

Draft Social Security (Hypothecs) (Jersey) Law 201-.  P.137/2013. Lodged: 29th October 2013.

Minister for Social Security.

Draft Social Security (Amendment of Law No. 6) (Jersey) Regulations 201-.  P.138/2013. Lodged: 29th October 2013.

Minister for Social Security.

Draft Social Security (Amendment No. 21) (Jersey) Law 201-.  P.139/2013. Lodged: 29th October 2013.

Minister for Social Security.

Draft Long-Term Care (States Contribution) (Jersey) Regulations 201-.  P.140/2013. Lodged: 29th October 2013.

Minister for Social Security.

Draft Long-Term Care (Health and Social Services Charges) (Jersey) Law 201-.  P.141/2013. Lodged: 29th October 2013.

Minister for Health and Social Services.

Draft Long-Term Care (Jersey) Law 2012 (Appointed Day) Act 201-.  P.142/2013. Lodged: 29th October 2013.

Minister for Social Security.

Draft Taxation (Exchange of Information with Third Countries) (Amendment No. 8)  P.143/2013. (Jersey) Regulations 201-.

Lodged: 30th October 2013.

Minister for External Relations.

Agent of the Impôts: appointment.  P.144/2013. Lodged: 1st November 2013.

Minister for Home Affairs.

Legal aid reform and access to justice: working group.  P.145/2013. Lodged: 1st November 2013.

Deputy M. Tadier of St. Brelade .

Draft Wills and Successions (Amendment No. 2) (Jersey) Law 2013 (Appointed Day)  P.146/2013. Act 201-.

Lodged: 1st November 2013.

Chief Minister.

Ratification of the Agreement between the Government of Jersey and the Republic of  P.147/2013. Croatia with respect to the Taxation of Savings Income.

Lodged: 4th November 2013.

Minister for External Relations.

Minister for Planning and Environment: Vote of No Confidence.  P.148/2013. Lodged: 5th November 2013.

Deputy of St. Martin .

Committee of Inquiry into Historical Abuse: appointment of Chairman and members.  P.149/2013. Lodged: 5th November 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 –

Composition and election of the States Assembly: reform – proposal 2 (P.94/2013) –  P.94/2013. amendment.  Amd. Lodged: 3rd September 2013.

Senator L.J. Farnham .

Written Questions

(see Official Report/Hansard)

The Minister for Home Affairs answered a question asked by Senator S.C. Ferguson regarding all services provided by that Department and specified by statute.

The Minister for Social Security answered a question asked by Senator S.C. Ferguson regarding all services provided by that Department and specified by statute.

The Minister for Transport and Technical Services answered a question asked by Senator S.C. Ferguson regarding all services provided by that Department and specified by statute.

The Minister for Treasury and Resources answered a question asked by Senator S.C. Ferguson regarding all services provided by that Department and specified by statute.

The Minister for Education, Sport and Culture answered a question asked by Senator S.C. Ferguson regarding all services provided by that Department and specified by statute.

The Minister for Transport and Technical Services answered a question asked by the Deputy of St. Mary regarding road accident statistics.

The President of the Chairmen's Committee answered a question asked by the Deputy of Grouville regarding recommendations made by Scrutiny Panels.

The Minister for Transport and Technical Services answered a question asked by Senator A. Breckon regarding the recipients of Community Safety Fund grants.

The Minister for Treasury and Resources answered a question asked by Senator A. Breckon regarding the progress of the development of the former Jersey College for Girls site.

The Chief Minister answered a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding succession planning.

The Chief Minister answered a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding employment licences.

The Minister for Planning and Environment answered a question asked by Deputy J.H. Young of St. Brelade regarding the number of additional dwellings created since the early 1980s.

The Chief Minister answered a question asked by Deputy J.A. Hilton of St. Helier regarding Control of Housing and Work licences.

The Minister for Treasury and Resources answered a question asked by Deputy G.C.L. Baudains of St. Clement regarding JT's acceptance of cheque payments.

The Minister for Treasury and Resources answered a question asked by Deputy M.R. Higgins of St. Helier regarding the Danwood Managed Print contract.

The Minister for Treasury and Resources answered a question asked by Deputy M.R. Higgins of St. Helier regarding the number of print copies made by States Departments.

Oral Questions

(see Official Report/Hansard)

Deputy J.A. Hilton of St. Helier asked a question of the Assistant Minister for Health and Social Services regarding the closure of St. Mark's Hostel.

Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding the delivery of £3 million additional savings from his 2014 Income Support budget.

Deputy R.G. Le Hérissier of St. Saviour asked a question of the Chairman of the Privileges and Procedures Committee regarding progress in amending the procedures for States appointments.

Deputy G.C.L. Baudains of St. Clement asked a question of the Minister for Treasury and Resources regarding the appointment of the board members of JT.

Deputy T.M. Pitman of St. Helier asked a question of the Minister for Home Affairs regarding allegations made to the Police by former Senator S. Syvret relating to corruption.

Deputy G.P. Southern of St. Helier asked a question of the Minister for Housing regarding the budget allocated to response repairs in States rental housing.

Deputy G.C.L. Baudains of St. Clement asked a question of the Minister for Health and Social Services regarding the HPV vaccination.

Deputy M.R. Higgins of St. Helier asked a question of the Minister for Home Affairs regarding the manner in which the woman, known as HG within the Korris Report, left the Island.

Deputy R.G. Le Hérissier of St. Saviour asked a question of the Minister for Health and Social Services regarding the impact of the recommendations of the Francis Inquiry into Mid-Staffordshire NHS Foundation Trust on Jersey.

Deputy T.M. Pitman of St. Helier asked a question of the Chief Minister regarding applications of interest in joining the Access to Justice' review from amongst States Members.

Oral Questions without notice (see Official Report/Hansard)

The Minister for Housing answered questions without notice from members. The Chief Minister answered questions without notice from members.

Minister for Transport and Technical Services: vote of censure P.129/2013

Deputy Gerard Clifford Lemmens Baudains of St. Clement proposed his proposition concerning the censure of the Minister for Transport and Technical Services. As the proposition was not seconded, it was taken to have been withdrawn, in accordance with Standing Order 102(2).

Draft Taxation (Exchange of Information with Third Countries) (Amendment No. 7) (Jersey) Regulations 201- P.132/2013

THE STATES commenced consideration of the Draft Taxation (Exchange of Information with Third Countries) (Amendment No. 7) (Jersey) Regulations 201- and adopted the principles.

Members present voted as follows –

POUR: 33 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier

Senator P.F.C. Ozouf Senator S.C. Ferguson Senator F. du H. Le Gresley Senator I.J. Gorst

Senator L.J. Farnham Connétable of St. Helier Connétable of Trinity Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Deputy R.C. Duhamel (S) Deputy R.G. Le Hérissier (S) Deputy J.A. Martin (H) Deputy of Grouville

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

Deputy M. Tadier (B) Deputy T.M. Pitman (H) Deputy E.J. Noel (L) 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.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 Regulations 1 to 14.

THE STATES, in pursuance of Article 2(1) of the Taxation (Implementation) (Jersey) Law 2004, made Regulations entitled the Taxation (Exchange of Information with Third Countries) (Amendment No. 7) (Jersey) Regulations 2013.

Members present voted as follows –

POUR: 35   CONTRE: 1  ABSTAIN: 0 Senator P.F. Routier   Deputy T.M. Pitman (H)

Senator P.F.C. Ozouf

Senator S.C. Ferguson

Senator B.I. Le Marquand

Senator F. du H. Le Gresley

Senator I.J. Gorst

Senator L.J. Farnham

Connétable of St. Helier

Connétable of Trinity

Connétable of St. Lawrence

Connétable of St. Mary

Connétable of St. Ouen

Connétable of St. Martin

Connétable of St. Saviour

Connétable of Grouville

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 M. Tadier (B)

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.H. Young (B)

Deputy of St. Mary

Deputy of St. Martin

Deputy R.G. Bryans (H)

Deputy R.J. Rondel (H)

Composition and election of the States Assembly: reform – proposal 2 P.94/2013

THE STATES commenced consideration of a proposition of Deputy Trevor Mark Pitman of St. Helier regarding the reform of the composition and election of the States Assembly and rejected an amendment of the Connétable of St. Mary that paragraph (a) should be deleted and substituted with the following –

"(a)  that the Assembly should be comprised of 47 members, comprising 12 Connétable s

and 35 Deputies;";

and that paragraph (d) should be deleted and substituted with the following –

"(d)  that the proposed new 5 large areas will replace the current Schedule 1 to the States

of Jersey Law 2005, as follows –

DEPUTIES' CONSTITUENCIES

" ;

and  that  in  paragraph (f),  for  the  words  "46 members"  there  should  be  substituted  the  words "47 members", and for the figure "20" there should be substituted the figure "21", and in paragraph (g) for the words "46 members" there should be substituted the words "47 members".

Members present voted as follows –

POUR: 3   CONTRE: 41  ABSTAIN: 0

Senator P.F. Routier Connétable of St. Lawrence Connétable of St. Mary

 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

  Connétable of St. Helier

  Connétable of Trinity

  Connétable of St. Clement

  Connétable of St. Peter

  Connétable of St. John

  Connétable of St. Ouen

  Connétable of St. Brelade

  Connétable of St. Martin

  Connétable of St. Saviour

  Connétable of Grouville

  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 of Trinity

  Deputy S. Pitman (H)

  Deputy K.C. Lewis (S)

  Deputy M. Tadier (B)

  Deputy T.M. Pitman (H)

  Deputy E.J. Noel (L)

  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.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 resumed consideration of the proposition of Deputy Trevor Mark Pitman of St. Helier , rejected the proposal –

1. that the Assembly should be comprised of 46 members, comprising 12 Connétable s and 34 Deputies;
2. that the office of Senator should be abolished;
3. that the Deputies would, under the new structure, have a much more wide-ranging role than Deputies in the current Assembly;
4. that the proposed new 6 large areas would replace the current Schedule 1 to the States of Jersey Law 2005, as follows –

DEPUTIES' CONSTITUENCIES

5. that the Connétable s should be placed on the same legal basis as Deputies if they remained in a reformed Assembly;
6. that in an Assembly of 46 members, the maximum number of Ministers and Assistant Ministers should be 20;
7. to request  the  Privileges  and  Procedures  Committee  to bring  forward  for  debate legislative changes to enable the foregoing in time for the 2014 elections with the new structure of 46 members being effective from the date of the swearing-in of the new members elected in those elections.

Members present voted as follows –

POUR: 13   CONTRE: 31  ABSTAIN: 0

Senator F. du H. Le Gresley Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Deputy G.P. Southern (H) Deputy J.A. Hilton (H) Deputy S. Pitman (H) Deputy M. Tadier (B) Deputy T.M. Pitman (H) Deputy M.R. Higgins (H) Deputy A.K.F. Green (H) Deputy R.G. Bryans (H) Deputy R.J. Rondel (H)

 Senator P.F. Routier

  Senator P.F.C. Ozouf

  Senator S.C. Ferguson

  Senator B.I. Le Marquand  Senator I.J. Gorst

  Senator L.J. Farnham

  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. Martin

  Connétable of St. Saviour

  Connétable of Grouville

  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.N. Le Fondré (L)   Deputy of Trinity

  Deputy K.C. Lewis (S)

  Deputy E.J. Noel (L)

  Deputy J.M. Maçon (S)

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

  Deputy J.H. Young (B)

  Deputy S.J. Pinel (C)

  Deputy of St. Mary

  Deputy of St. Martin

Composition and election of the States Assembly: reform – proposal 3 P.98/2013

THE STATES rejected a proposition of Deputy Geoffrey Peter Southern of St. Helier –

1. to adopt the following principles from the Report of the Review Panel on the Machinery of Government inJersey (the Clothier' Report) of December 2000 –

1. the office of Senator should be abolished;
2. the Connétable s should cease to be ex-officio members of the States but should be free to stand for election as a member of the States if they wished;
3. all elected members should be known by the same title, namely "Member of the States of Jersey"(MSJ);

2. to agree that MSJs should be elected on a parish basis and to adopt, as far as possible, the  principle  of  the  2013  Report  of  the  Electoral  Commission,  that  constituencies should  as  far  as  possible  be  of  equal  size'  by  distributing  seats  as  set  out  in the Appendix;
3. to request the Privileges and Procedures Committee to bring forward the necessary legislation to implement the new structure in time for the general election in 2014.

Members present voted as follows –

POUR: 16   CONTRE: 28  ABSTAIN: 1

Senator P.F. Routier   Senator P.F.C. Ozouf  Senator F. du H. Le Gresley Senator A. Breckon   Senator S.C. Ferguson

Connétable of St. Clement   Senator B.I. Le Marquand

Connétable of St. Lawrence   Senator I.J. Gorst

Deputy R.C. Duhamel (S)   Senator L.J. Farnham

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

Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy J.A. Hilton (H) Deputy S. Pitman (H) Deputy M. Tadier (B) Deputy T.M. Pitman (H) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy R.G. Bryans (H) Deputy R.J. Rondel (H)

  Connétable of Trinity

  Connétable of St. Peter

  Connétable of St. Mary

  Connétable of St. John

  Connétable of St. Ouen

  Connétable of St. Brelade

  Connétable of St. Martin

  Connétable of St. Saviour

  Connétable of Grouville

  Deputy of St. Ouen

  Deputy of Grouville

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

  Deputy K.C. Lewis (S)

  Deputy E.J. Noel (L)

  Deputy A.K.F. Green (H)

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

  Deputy J.H. Young (B)

  Deputy S.J. Pinel (C)

  Deputy of St. Mary

  Deputy of St. Martin

Composition of the States Assembly: interim reform for 2014 and referendum on further reform P.116/2013

THE  STATES,  adopting  a  proposition  of  Senator  Philip  Francis  Cyril   Ozouf ,  in  accordance  with Standing Order 26(7), agreed to reduce the minimum lodging period in respect of the proposition of the Privileges and Procedures Committee concerning the interim reform of the Composition of the States Assembly for 2014 and referendum on further reform (P.116/2013), which was a matter of such urgency and importance that it would be prejudicial to Jersey to delay its debate.

THE  STATES  rejected  paragraphs  (a)  to  (d)  of  the  proposition  of  the  Privileges  and  Procedures Committee that –

1. from  October  2014  the  Assembly  should  be  comprised  of  47 members,  comprising 6 Senators, 12 Connétable s and 29 Deputies;
2. the 29 Deputies should be elected in 14 constituencies comprising a whole parish or a district within a parish, with the current Schedule 1 to the States of Jersey Law 2005 setting out the Deputies' constituencies being amended as follows –

DEPUTIES' CONSTITUENCIES

3. in an  Assembly  of  47 members,  the  maximum  number  of  Ministers  and  Assistant Ministers should be 21;
4. the  Privileges and Procedures Committee should be requested to bring forward for debate legislative changes to enable the revised composition to be in place in time for the 2014 elections with the new structure of 47 members being effective from the date of the swearing-in of the new members elected in those elections;

Members present voted as follows –

POUR: 16   CONTRE: 27  ABSTAIN: 1

Senator A. Breckon   Senator P.F. Routier  Senator B.I. Le Marquand Senator S.C. Ferguson   Senator P.F.C. Ozouf

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

Connétable of St. Clement   Senator I.J. Gorst

Deputy R.C. Duhamel (S)   Senator L.J. Farnham

Deputy J.A. Martin (H)   Connétable of Trinity

Deputy G.P. Southern (H)   Connétable of St. Peter

Deputy of St. Ouen   Connétable of St. Mary

Deputy of Grouville   Connétable of St. John

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

Deputy M. Tadier (B)   Connétable of St. Brelade

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

Deputy M.R. Higgins (H)   Connétable of St. Saviour

Deputy J.M. Maçon (S)   Connétable of Grouville

Deputy J.H. Young (B) Deputy R.J. Rondel (H)

  Deputy R.G. Le Hérissier (S)   Deputy J.A.N. Le Fondré (L)   Deputy of Trinity

  Deputy S. Pitman (H)

  Deputy K.C. Lewis (S)

  Deputy E.J. Noel (L)

  Deputy A.K.F. Green (H)

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

  Deputy S.J. Pinel (C)

  Deputy of St. Mary

  Deputy of St. Martin

  Deputy R.G. Bryans (H)

THE STATES, adopting paragraph (e) of the proposition of the Privileges and Procedures Committee, agreed that a referendum under the Referendum (Jersey) Law 2002 should be held on the day of the 2014 elections with a single Yes/No question to ask voters whether they agreed that the States Assembly should, with effect from the 2018 elections, be comprised of a single category of members elected on a parish basis in accordance with the recommendation of the Report of the Review Panel on the Machinery of  Government  in  Jersey  (the  Clothier'  Report)  published  in  December  2000,  and  requested  the Privileges and Procedures Committee to bring forward for approval the necessary Referendum Act to enable the referendum to take place.

Members present voted as follows –

POUR: 22   CONTRE: 21  ABSTAIN: 1

Senator P.F. Routier   Senator P.F.C. Ozouf   Deputy J.A.N. Le Fondré (L) Senator A. Breckon   Senator I.J. Gorst

Senator S.C. Ferguson   Senator L.J. Farnham

Senator B.I. Le Marquand   Connétable of Trinity

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

Connétable of St. Helier   Connétable of St. Mary

Connétable of St. Clement   Connétable of St. John

Connétable of Grouville   Connétable of St. Ouen

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

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

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

Deputy G.P. Southern (H)   Deputy of St. Ouen

Deputy of Grouville   Deputy of Trinity

Deputy J.A. Hilton (H)   Deputy S. Pitman (H)

Deputy K.C. Lewis (S)   Deputy E.J. Noel (L)

Deputy M. Tadier (B)   Deputy G.C.L. Baudains (C)

Deputy T.M. Pitman (H)   Deputy of St. John

Deputy M.R. Higgins (H)   Deputy S.J. Pinel (C)

Deputy A.K.F. Green (H)   Deputy of St. Mary

Deputy J.M. Maçon (S)   Deputy of St. Martin

Deputy J.H. Young (B)   Deputy R.G. Bryans (H)

Deputy R.J. Rondel (H)

Composition and election of the States Assembly: reform – proposal 4 P.117/2013

THE STATES rejected paragraphs (a) to (d) of a proposition of Deputy Andrew Kenneth Francis Green of St. Helier that –

1. from October 2014, the Assembly should be comprised of 47 members, comprising 12 Connétable s, 7 Senators and 28 Deputies;
2. the  28 Deputies  should  be  elected  in 7 constituencies  comprising  a  combination  of whole parishes or, in the case of St. Helier , a district within the parish, as set out below –

DEPUTIES' CONSTITUENCIES

3. in an  Assembly  of  47 members,  the  maximum  number  of  Ministers  and  Assistant Ministers shall be 21;

4. the  Privileges and Procedures Committee should be requested to bring forward for debate legislative changes to enable the revised composition to be in place in time for the 2014 elections with the new structure of 47 members being effective from the date of the swearing-in of the new members elected in those elections;

Members present voted as follows –

POUR: 4 CONTRE: 37 ABSTAIN: 0

Senator A. Breckon Deputy J.A. Hilton (H) Deputy A.K.F. Green (H) Deputy of St. John

Senator P.F. Routier

Senator P.F.C. Ozouf

Senator S.C. Ferguson

Senator B.I. Le Marquand

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

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

Connétable of St. Saviour

Connétable of Grouville

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

Deputy S. Pitman (H)

Deputy K.C. Lewis (S)

Deputy M. Tadier (B)

Deputy T.M. Pitman (H)

Deputy E.J. Noel (L)

Deputy M.R. Higgins (H)

Deputy J.M. Maçon (S)

Deputy G.C.L. Baudains (C) 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, adopting paragraph (e) of a proposition of Deputy Andrew Kenneth Francis Green of St. Helier , agreed that a referendum under the Referendum (Jersey) Law 2002 should be held on the day of the 2014 elections with a single Yes/No question to ask voters whether they agreed that the Constables should remain as members of States Assembly as an automatic right, and requested the Privileges and Procedures Committee to bring forward for approval the necessary Referendum Act to enable the referendum to take place.

Members present voted as follows –

POUR: 22   CONTRE: 18  ABSTAIN: 2

Senator P.F. Routier

Senator A. Breckon

Senator S.C. Ferguson Senator B.I. Le Marquand Senator F. du H. Le Gresley Connétable of St. Helier Connétable of St. Brelade Connétable of Grouville Deputy R.G. Le Hérissier (S) Deputy J.A. Martin (H) Deputy of St. Ouen

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

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

Deputy J.H. Young (B) Deputy R.J. Rondel (H)

 Senator P.F.C. Ozouf

  Senator I.J. Gorst

  Connétable of Trinity

  Connétable of St. Peter

  Connétable of St. Mary

  Connétable of St. John

  Connétable of St. Ouen

  Connétable of St. Martin   Connétable of St. Saviour   Deputy R.C. Duhamel (S)   Deputy G.P. Southern (H)   Deputy S. Pitman (H)

  Deputy E.J. Noel (L)

  Deputy J.M. Maçon (S)

  Deputy S.J. Pinel (C)

  Deputy of St. Mary

  Deputy of St. Martin

  Deputy R.G. Bryans (H)

Connétable of St. Clement Deputy J.A.N. Le Fondré (L)

Social Security Tribunal: re-appointment of members P.120/2013

THE  STATES,  adopting  a  proposition  of  the  Minister  for  Social  Security,  in  accordance  with Article 33A of the Social Security (Jersey) Law 1974, further to a process overseen by the Jersey Appointments Commission, appointed the following persons as members of the Social Security Tribunal for the period stated against their name –

Advocate Charles Thacker  Chair  2 years Advocate Marion Whittaker   Deputy Chair  3 years

Mr. David Moody  Panel Member  5 years Mrs. Sandra Le Monnier  Panel Member  5 years

Adjournment

THE STATES adjourned, having agreed to reconvene on Wednesday 6th November to consider the outstanding items of public business.

THE STATES rose at 5.26 p.m.

M.N. DE LA HAYE Greffier of the States