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THE STATES assembled on Tuesday 13th May 2014, 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 – absent on States business
Senator Ian Joseph Gorst – absent on States business
Connétable Deirdre Wendy Mezbourian of St. Lawrence – en défaut
Connétable Sadie Anthea Rennard of St. Saviour – en défaut (défaut raised at 9.40 a.m.) Deputy James Patrick Gorton Baker of St. Helier – en défaut (défaut raised at 10.22 a.m.) Deputy Kristina Louise Moore of St. Peter – ill
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Prayers
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Liberation Day – thanks
The Bailiff , on behalf of all members, thanked those involved in the organisation of the recent Liberation Day celebrations.
Deputy Greffier of the States – oath of office
The Bailiff administered the oath of office to the newly appointed Deputy Greffier of the States, Mrs. Lisa-Marie Hart , née Duhamel.
Subordinate enactments tabled
The following enactments were tabled, namely –
Community Provisions (Restrictive Measures – Ukraine) (Amendment No. 4) R&O.42/2014. (Jersey) Order 2014.
Minister for External Relations.
Long-Term Care (Benefits) (Jersey) Order 2014. R&O.43/2014. Minister for Social Security.
Income Support (General Provisions) (Amendment No. 14) (Jersey) Order 2014. R&O.44/2014. Minister for Social Security.
Immigration (Fees) (Amendment No. 4) (Jersey) Order 2014. R&O.45/2014. Minister for Home Affairs.
159 Price code: B
Documents presented or laid
Waste Water Strategy (P.39/2014): comments. P.39/2014. Presented: 12th May 2014. Com. Environment Scrutiny Panel.
Goods and Services Tax: exemption or zero-rating for health foods (P.81/2011) – R.60/2014. response of the Minister for Health and Social Services.
Presented: 7th May 2014.
Minister for Health and Social Services.
Skills for Success: A Skills Strategy for Jersey. R.61/2014. Presented: 7th May 2014.
Minister for Education, Sport and Culture.
Channel Islands Competition and Regulatory Authorities: Annual Report 2013. R.62/2014. Presented: 7th May 2014.
Minister for Economic Development.
Land Transactions under Standing Order 168(3) – R.63/2014.
- West Park Bunker and Store and adjacent Ground site, Promenade, St. Helier –
lease;
- Le Port, La Grande Route des Mielles, St. Peter – lease of White Hut;
- Brunel House, Old Street, St. Helier – proposed 9 year lease.
Presented: 7th May 2014.
Minister for Treasury and Resources.
Land Transactions under Standing Order 168(3) – Les Landes Bunkers and Model R.64/2014. Airfield, St. Ouen – lease.
Presented: 13th May 2014.
Minister for Treasury and Resources.
Public Sector Pension Reform. S.R.4/2014. Presented: 12th May 2014.
Corporate Services Scrutiny Panel.
Notification of lodged propositions
Island Plan 2011: revised draft revision – approval (P.37/2014) – fifth amendment. P.37/2014. Lodged: 6th May 2014. Amd.(5) Senator F. du H. Le Gresley.
Island Plan 2011: revised draft revision – approval (P.37/2014) – sixth amendment. P.37/2014. Lodged: 6th May 2014. Amd.(6) Deputy J.H. Young of St. Brelade .
Island Plan 2011: revised draft revision – approval (P.37/2014) – seventh amendment. P.37/2014. Lodged: 6th May 2014. Amd.(7) Deputy J.H. Young of St. Brelade .
Island Plan 2011: revised draft revision – approval (P.37/2014) – eighth amendment. P.37/2014. Lodged: 6th May 2014. Amd.(8) Deputy J.H. Young of St. Brelade .
Island Plan 2011: revised draft revision – approval (P.37/2014) – ninth amendment. P.37/2014. Lodged: 6th May 2014. Amd.(9) Deputy J.H. Young of St. Brelade .
Island Plan 2011: revised draft revision – approval (P.37/2014) – tenth amendment. P.37/2014. Lodged: 6th May 2014. Amd.(10) Deputy J.H. Young of St. Brelade .
Island Plan 2011: revised draft revision – approval (P.37/2014) – eleventh P.37/2014. amendment. Amd.(11) Lodged: 6th May 2014.
Minister for Economic Development.
Ratification of the Agreement between the Government of the United Kingdom and P.66/2014. Northern Ireland and the Government of Jersey to improve international tax
compliance.
Lodged: 6th May 2014.
Chief Minister.
Draft Taxation (Implementation) (International Tax Compliance) (United Kingdom) P.67/2014. (Jersey) Regulations 201-.
Lodged: 6th May 2014.
Chief Minister.
Ratification of the Agreement between the Government of the United States of P.68/2014. America and the Government of Jersey to improve international tax compliance and to
implement FATCA.
Lodged: 6th May 2014.
Chief Minister.
Draft Taxation (Implementation) (International Tax Compliance) (United States of P.69/2014. America) (Jersey) Regulations 201-.
Lodged: 6th May 2014.
Chief Minister.
Draft Income Support (Special Payments) (Long-Term Care) (Jersey) Regulations P.70/2014. 201-.
Lodged: 6th May 2014.
Minister for Social Security.
Draft Income Support (Amendment No. 11) (Jersey) Regulations 201-. P.71/2014. Lodged: 6th May 2014.
Minister for Social Security.
Draft Social Housing (Transfer) (Jersey) Law 2013 (Appointed Day) Act 201-. P.72/2014. Lodged: 7th May 2014.
Minister for Housing.
Draft Social Security (Amendment of Law No. 7) (Jersey) Regulations 201-. P.73/2014. Lodged: 8th May 2014.
Minister for Social Security.
Draft Community Provisions (Food Supplements) (Jersey) Regulations 201-. P.74/2014. Lodged: 8th May 2014.
Minister for Health and Social Services.
Draft Community Provisions (Nutrition and Health Claims on Foods) (Jersey) P.75/2014. Regulations 201-.
Lodged: 8th May 2014.
Minister for Health and Social Services.
Draft Shops (Regulation of Opening) (Amendment) (Jersey) Regulations 201-. P.76/2014. Lodged: 12th May 2014.
Minister for Economic Development.
Written Questions
(see Official Report/Hansard)
The Minister for Treasury and Resources tabled an answer to a question asked by the Connétable of St. John regarding taxation received for 2012 and 2013.
The Minister for Economic Development tabled an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding support for local fishermen.
H.M. Attorney General tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding legislation regarding entry to restaurants and pubs for a person accompanied by a guide dog.
The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding statistics of those failing to actively seek work.
The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding results of ONS data on zero-hours contracts in the United Kingdom.
The Minister for Economic Development tabled an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the monitoring of trawling.
Oral Questions
(see Official Report/Hansard)
Deputy G.C.L. Baudains of St. Clement asked a question of the Chief Minister regarding the number of parking spaces provided at Cyril Le Marquand House.
Deputy M. Tadier of St. Brelade asked a question of the Minister for Health and Social Services regarding Le Geyt Centre Day Services.
Deputy S.S.P.A. Power of St. Brelade asked a question of the Assistant Minister for Treasury and Resources regarding the serving of disconnection notices by Jersey Water following non-payment of utility bills.
The Connétable of St. John asked a question of the Minister for Treasury and Resources regarding the impact of the recent Royal Court decision in the action between the Minister, the States of Jersey Development Company and Harcourt and others on the development of the Esplanade Quarter.
Deputy J.A.N. Le Fondré of St. Lawrence asked a question of the Chief Minister regarding the publication of the Dame Heather Steel report.
Deputy M.R. Higgins of St. Helier asked a question of the Chief Minister regarding the introduction of the Freedom of Information (Jersey) Law 2011 in the Island from January 2015.
Deputy J.H. Young of St. Brelade asked a question of the Minister for Treasury and Resources regarding the consequences of the loss of the proposed anchor tenant of the Jersey International Finance Centre.
Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding the potential adoption of the United Kingdom's approach to zero-hours contracts for those job-seekers on universal credit.
Deputy M.R. Higgins of St. Helier asked a question of the Minister for Treasury and Resources regarding the amount of tax paid by non-finance and utility companies.
Deputy G.P. Southern of St. Helier asked a question of the Minister for Housing regarding the transfer of £1 billion housing stock from the States to Andium Homes.
Deputy M. Tadier of St. Brelade asked a question of the Chairman of the Comité des Connétable s regarding revised procedures for Senatorial hustings meetings.
Deputy J.H. Young of St. Brelade asked a question of the Minister for Treasury and Resources regarding the introduction of a charge on properties connected to the main drainage system as a means of financing the cost of replacing and updating the public sewer network.
Oral Questions without notice (see Official Report/Hansard)
The Minister for Home Affairs answered questions without notice from members.
The Minister for Treasury and Resources answered questions without notice from members.
Draft European Union Legislation (Implementation) (Jersey) Law 201- P.164/2013
THE STATES resumed consideration of the Draft European Union Legislation (Implementation) (Jersey) Law 201-, having commenced consideration at their meeting of 4th February 2014, 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 Articles 1 to 8 and the Schedules.
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the European Union Legislation (Implementation) (Jersey) Law 201-.
Members present voted as follows –
POUR: 37 CONTRE: 0 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 St. Helier Connétable of St. Peter 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 J.A. Hilton (H) Deputy J.A.N. Le Fondré (L) Deputy of Trinity
Deputy S.S.P.A. Power (B) Deputy E.J. Noel (L) Deputy A.K.F. Green (H) Deputy J.M. Maçon (S) Deputy G.C.L. Baudains (C) Deputy of St. John
Deputy J.P.G. Baker (H) Deputy J.H. Young (B) Deputy S.J. Pinel (C) Deputy of St. Mary
Deputy of St. Martin
Deputy R.G. Bryans (H) Deputy R.J. Rondel (H) Deputy N.B. Le Cornu (H) Deputy S.Y. Mézec (H)
Health and Safety Appeal Tribunal: re-appointment of Chairman P.25/2014
THE STATES, adopting a proposition of the Minister for Social Security, agreed to re-appoint Mr. Philip William Syvret, LL.B. Hons. (Lond.), Solicitor, as Chairman of the Health and Safety Appeal Tribunal, in pursuance of Article 17 of the Health and Safety at Work (Jersey) Law 1989 and the Health and Safety at Work (Appeal Tribunal) (Jersey) Regulations 1989, for a period of 3 years commencing 1st May 2014.
Draft Passports (False Statements and Forgery) (Jersey) Law 201- P.14/2014
THE STATES commenced consideration of the Draft Passports (False Statements and Forgery) (Jersey) Law 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, commenced consideration of Article 1, and, adopting an amendment of the Minister for Home Affairs, agreed that in Article 1 the definition of "police officer" should be omitted.
THE STATES adopted Article 1 as amended.
THE STATES commenced consideration of Article 2, and, adopting an amendment of the Minister for Home Affairs, agreed that in Article 2 –
- for the heading to Article 2, there should be substituted – "Offences of dishonesty in relation to applications for passports";
- for paragraph (1), there should be substituted –
"(1) This Article applies where an application is made, or is purported to be made, for the
purpose of obtaining or renewing a United Kingdom passport.";
- in paragraph (2), for the words "if the person" there should be substituted the words "if any person";
- in sub-paragraphs (2)(a) and (2)(c), the words "or recklessly" should be omitted.
THE STATES adopted Article 2, as amended.
THE STATES adopted Articles 3 to 10.
Members present voted as follows –
POUR: 34 CONTRE: 0 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 Trinity Connétable of St. Mary Connétable of St. John Connétable of St. Brelade Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Deputy R.G. Le Hérissier (S) 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 K.C. Lewis (S) Deputy M. Tadier (B) 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) Deputy N.B. Le Cornu (H) Deputy S.Y. Mézec (H)
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Passports (False Statements and Forgery) (Jersey) Law 201-.
Draft Jersey Mutual Insurance Society, Incorporated (Alteration of Rules) (No. 7) (Jersey) Law 201 P.27/2014
THE STATES commenced consideration of the Draft Jersey Mutual Insurance Society, Incorporated (Alteration of Rules) (No. 7) (Jersey) Law 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 Articles 1 and 2.
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Jersey Mutual Insurance Society, Incorporated (Alteration of Rules) (No. 7) (Jersey) Law 201-.
Draft Financial Services Commission (Amendment of Law No. 2) (Jersey) Regulations 201- P.29/2014
THE STATES commenced consideration of the Draft Financial Services Commission (Amendment of Law 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 and 2.
THE STATES, in pursuance of Article 4(3) of the Financial Services Commission (Jersey) Law 1998, made Regulations entitled the Financial Services Commission (Amendment of Law No. 2) (Jersey) Regulations 2014.
Chief Minister election: Island-wide vote P.45/2014
THE STATES rejected a proposition of Deputy Samuel Yves Mézec of St. Helier to agree, in principle, that the Chief Minister should no longer be elected by members of the States, but should instead be selected through an Island-wide vote of registered electors from candidates proposed by members of the States after each general election; provided that this new system was not instituted until the States had agreed appropriate amendments to the rôle and powers of the Chief Minister to enable a system of government including the selection of the Chief Minister in this manner to be workable; and to request the Privileges and Procedures Committee, in consultation with all members, to bring forward to the States for approval, proposals on the necessary framework to allow the Chief Minister to be elected by the public.
Members present voted as follows –
POUR: 14 CONTRE: 32 ABSTAIN: 0
Senator A. Breckon
Senator F. du H. Le Gresley Connétable of St. Helier Deputy R.C. Duhamel (S) Deputy R.G. Le Hérissier (S) Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville
Deputy M. Tadier (B) Deputy T.A. Vallois (S) Deputy M.R. Higgins (H) Deputy J.H. Young (B) Deputy N.B. Le Cornu (H) Deputy S.Y. Mezec (H)
Senator P.F. Routier
Senator P.F.C. Ozouf Senator S.C. Ferguson Senator B.I. Le Marquand Senator P.M. Bailhache 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 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 K.C. Lewis (S) Deputy E.J. Noel (L) Deputy A.K.F. Green (H) Deputy J.M. Maçon (S) Deputy G.C.L. Baudains (C) Deputy of St. John
Deputy J.P.G. Baker (H) Deputy S.J. Pinel (C) Deputy of St. Mary
Deputy of St. Martin
Deputy R.G. Bryans (H) Deputy R.J. Rondel (H)
Chief Minister and Ministers for External Relations and Treasury and Resources: Island wide mandate P.44/2014
THE STATES commenced consideration of a proposition of the Deputy of Grouville and, adopting her amendment, agreed that in paragraph (a) after the words "Minister for Treasury and Resources" there should be inserted the words "(or any Ministers under a revised ministerial structure fulfilling the functions currently undertaken by these Ministers)".
THE STATES rejected a proposition of Deputy Geoffrey Peter Southern of St. Helier to adjourn the meeting.
Members present voted as follows –
POUR: 17 CONTRE: 23 ABSTAIN: 1 Connétable of Trinity Senator P.F. Routier Deputy S.Y. Mézec (H)
Connétable of St. Mary Senator P.F.C. Ozouf
Connétable of St. Ouen Senator A. Breckon
Connétable of St. Brelade Senator S.C. Ferguson
Connétable of Grouville Senator B.I. Le Marquand
Deputy R.C. Duhamel (S) Senator F. du H. Le Gresley
Deputy J.A. Martin (H) Senator P.M. Bailhache
Deputy G.P. Southern (H) Connétable of St. John
Deputy of St. Ouen Connétable of St. Martin
Deputy J.A.N. Le Fondré (L) Connétable of St. Saviour
Deputy K.C. Lewis (S) Deputy R.G. Le Hérissier (S)
Deputy M. Tadier (B) Deputy of Grouville
Deputy M.R. Higgins (H) Deputy J.A. Hilton (H)
Deputy A.K.F. Green (H) Deputy of Trinity
Deputy G.C.L. Baudains (C) Deputy S.S.P.A. Power (B)
Deputy S.J. Pinel (C) Deputy E.J. Noel (L)
Deputy N.B. Le Cornu (H) Deputy T.A. Vallois (S)
Deputy J.M. Maçon (S)
Deputy of St. John
Deputy J.H. Young (B)
Deputy of St. Mary
Deputy of St. Martin
Deputy R.G. Bryans (H)
THE STATES, having resumed consideration of the proposition of the Deputy of Grouville , as amended, rejected her proposal that candidates for the offices of Chief Minister, Minister for External Relations and Minister for Treasury and Resources (or any Ministers under a revised ministerial structure fulfilling the functions currently undertaken by these Ministers) should be required to hold the office of Senator, having therefore been elected with an Island-wide mandate; and to request the Privileges and Procedures Committee to bring forward for approval the necessary amendments to legislation to give effect to the proposals with effect from the appointment of Ministers after the 2014 elections.
Members present voted as follows –
POUR: 18 CONTRE: 21 ABSTAIN: 0
Senator P.F. Routier Senator A. Breckon Senator S.C. Ferguson Senator P.M. Bailhache Senator B.I. Le Marquand Connétable of St. Clement
STATES MINUTES
Senator F. du H. Le Gresley Connétable of St. Helier Connétable of St. John Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Deputy J.A. Martin (H) Deputy of St. Ouen
Deputy of Trinity
Deputy T.A. Vallois (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
13th May 2014
Connétable of St. Mary Connétable of St. Ouen Connétable of St. Brelade Deputy R.G. Le Hérissier (S) Deputy G.P. Southern (H) Deputy J.A.N. Le Fondré (L) Deputy S.S.P.A. Power (B) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy E.J. Noel (L)
Deputy M.R. Higgins (H) Deputy A.K.F. Green (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin
Deputy R.G. Bryans (H) Deputy N.B. Le Cornu (H) Deputy S.Y. Mézec (H)
Adjournment
THE STATES adjourned, having agreed to reconvene on Wednesday 14th May 2014 to consider the outstanding items of public business.
THE STATES rose at 6.00 p.m.
M.N. DE LA HAYE Greffier of the States