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States Minutes 13th November 2014

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THE STATES assembled on Thursday 13th November 2014, at 09.30 a.m. under the Presidency of the Bailiff ,

Sir Michael Birt.

 __________________

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

Senator Zoë Ann Cameron – excused attendance

Connétable Sadie Anthea Le Sueur -Rennard of St. Saviour – en défaut Deputy Judith Ann Martin of St. Helier – excused attendance

Deputy Roderick Gordon Bryans of St. Helier – en défaut

Deputy Richard John Rondel of St. Helier – excused attendance

 __________________

Prayers read by the Greffier of the States __________________

Subordinate enactments tabled

The following enactments were tabled, namely –

Income Support (General Provisions) (Amendment No. 16) (Jersey) Order 2014.  R&O.159/2014. Minister for Social Security.

Companies (Transfers of Shares – Exemptions) (Jersey) Order 2014.  R&O.164/2014. Chief Minister.

Adoption (Amendment No. 4) Rules 2014.  R&O.165/2014. Superior Number of the Royal Court.

Community Provisions (Restrictive Measures – Syria) (Amendment No. 17) (Jersey)  R&O.166/2014. Order 2014.

Minister for External Relations.

Tourism (General Provisions) (Amendment No. 18) (Jersey) Order 2014.  R&O.167/2014. Minister for Economic Development.

Terrorism (Proscribed Organizations) (Amendment No. 7) (Jersey) Order 2014.  R&O.168/2014. Minister for Home Affairs.

Community Provisions (Restrictive Measures – North Korea) (Amendment No. 4)  R&O.169/2014. (Jersey) Order 2014.

Minister for External Relations.

Employment (Minimum Wage) (Amendment No. 8) (Jersey) Order 2014.  R&O.170/2014. Minister for Social Security.

Lodging Houses (General Provisions) (Amendment No. 19) (Jersey) Order 2014.  R&O.171/2014. Minister for Housing.

563   Price code: C

Money Laundering (Amendment No. 7) (Jersey) Order 2014. Chief Minister.

Road Traffic ( Trinity ) (Amendment No. 8) (Jersey) Order 2014. Minister for Transport and Technical Services.

Health Insurance (Pharmaceutical Benefit) (General Provisions) (No. 2) (Amendment No. 13) (Jersey) Order 2014.

Minister for Social Security.

EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014. Minister for External Relations.

EU Legislation (Sanctions – Al-Qaida) (Jersey) Order 2014. Minister for External Relations.

EU Legislation (Sanctions – Afghanistan) (Jersey) Order 2014. Minister for External Relations.

States of Jersey (Proper Addresses for Ministers) (Jersey) Order 2014. Chief Minister.


R&O.173/2014. R&O.174/2014.

R&O.175/2014. R&O.176/2014. R&O.177/2014. R&O.178/2014.

Documents presented or laid

States of Jersey Law 2005: delegation of functions – authorisation of actions in  R.142/2014. connection with Iran sanctions.

Presented: 29th September 2014.

Minister for External Relations.

Health and Social Services: 2014 Skin Cancer Prevention Strategy for Jersey.  R.143/2014. Presented: 30th September 2014.

Minister for Health and Social Services.

Land Transactions under Standing Order 168(3) – St. Catherine's White Tower Car  R.144/2014. Park and Promenade, La Route de St. Catherine, St. Martin – minor land exchange

and counter-exchange with Amy's House.

Presented: 1st October 2014.

Minister for Treasury and Resources.

Modern Language Teaching: review (P.166/2013) – response of the Minister for  R.145/2014. Education, Sport and Culture.

Presented: 2nd October 2014.

Minister for Education, Sport and Culture.

Land Transactions under Standing Order 168(3) – B007A and B Airport Fuel  R.146/2014. Compound, St. Peter – variation of lease.

Presented: 2nd October 2014.

Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – Health and Social Services –  R.147/2014. revised delegations October 2014.

Presented: 3rd October 2014.

Minister for Health and Social Services.

States of Jersey Law 2005: delegation of functions – Treasury and Resources –  R.148/2014. shareholder functions October 2014.

Presented: 8th October 2014.

Minister for Treasury and Resources.

Office of the Financial Services Ombudsman (OFSO): appointment of the Board.  R.149/2014. Presented: 9th October 2014.

Minister for Economic Development.

Land Transactions under Standing Order 168(3) – 24 St. Mark's Road (former  R.150/2014. Adolescent Centre), St. Helier – proposed sale.

Presented: 10th October 2014.

Minister for Treasury and Resources.

Organisations receiving grants of over £75,000: 2012 Accounts.  R.151/2014. Presented: 15th October 2014.

Minister for Treasury and Resources.

Financial Directions (R.121/2014): response of the Minister for Treasury and  R.152/2014. Resources.

Presented: 16th October 2014.

Minister for Treasury and Resources.

States Investment Strategies.  R.153/2014. Presented: 22nd October 2014.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – St. Aubin's Tunnels, Mont les  R.154/2014. Vaux, St. Brelade Jersey Funbikes Ltd. – cancellation of licence; proposed 9 year

lease.

Presented: 24th October 2014.

Minister for Treasury and Resources.

Governance of the States of Jersey Pension Schemes (R.84/2014): response of the  R.155/2014. Minister for Treasury and Resources.

Presented: 28th October 2014.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – Apartment No. 12, Block F, Les  R.156/2014. Quennevais Park – transfer of the Public's flying freehold ownership and cancellation

of existing 99 year lease.

Presented: 28th October 2014.

Minister for Treasury and Resources.

Ports Incorporation: response of the Minister for Economic Development to the public  R.157/2014. consultation.

Presented: 6th November 2014.

Minister for Economic Development.

Travel and Entertainment Expenses 2012 and 2013: Ministers and Assistant Ministers.  R.158/2014. Presented: 6th November 2014.

Chief Minister.

Land Transactions under Standing Order 168(3) – Red Houses Upper Car Park,  R.159/2014. La Route des Quennevais, St. Brelade – lease.

Presented: 6th November 2014.

Minister for Treasury and Resources.

Retail Policy (S.R.6/2014): response of the Minister for Transport and Technical  S.R.6/2014. Services.  Res.(3) Presented: 1st October 2014.

Minister for Transport and Technical Services.

Digital Skills (S.R.9/2014): response of the Minister for Economic Development.  S.R.9/2014. Presented: 2nd October 2014.  Res. Minister for Economic Development.

Digital Skills (S.R.9/2014): response of the Minister for Education, Sport and Culture.  S.R.9/2014. Presented: 6th October 2014.  Res.(2) Minister for Education, Sport and Culture.

The Redesign of Health and Social Services (S.R.10/2014): joint response of the  S.R.10/2014. Minister for Health and Social Services and the Minister for Treasury and Resources.  Res. Presented: 29th September 2014.

Minister for Health and Social Services.

Radon (S.R.11/2014): response of the Minister for Planning and Environment.  S.R.11/2014. Presented: 3rd October 2014.  Res. Minister for Planning and Environment.

Radon (S.R.11/2014): response of the Minister for Health and Social Services.  S.R.11/2014. Presented: 23rd October 2014.  Res.(2) Minister for Health and Social Services.

Internal Audit: Following Up the Report of the Comptroller and Auditor General  P.A.C.3/2014. (P.A.C.3/2014) – response of Departments.  Res. Presented: 5th November 2014.  (re-issue) Minister for Treasury and Resources.

Notification of lodged propositions

Draft Freedom of Information (Schedule 1 to Law) (Amendment No. 2) (Jersey)  P.154/2014. Regulations 201- (P.154/2014): amendment.  Amd. Lodged: 4th November 2014.

Chief Minister.

Draft Employment (Minimum Wage) (Amendment No. 11) (Jersey) Regulations 201-.  P.157/2014. Lodged: 21st October 2014.

Minister for Social Security.

Draft Proceeds of Crime (Amendment – Financial Intelligence) (Jersey) Law 201-.  P.158/2014. Lodged: 21st October 2014.

Chief Minister.

Greville Bathe Fund: appointment of Jurats.  P.159/2014. Lodged: 23rd October 2014.

Minister for Treasury and Resources.

Draft Criminal Justice (Insane Persons) (Amendment) (Jersey) Law 201-.  P.160/2014. Lodged: 27th October 2014.

Chief Minister.

Draft International Criminal Court (Jersey) Law 2014 (Appointed Day) Act 201-.  P.161/2014. Lodged: 27th October 2014.

Chief Minister.

Draft Freedom of Information (Exemptions – Amendment of Law) (Jersey)  P.162/2014. Regulations 201-.

Lodged: 29th October 2014.

Chief Minister.

Council of Ministers' meetings: public access.  P.163/2014. Lodged: 3rd November 2014.

Deputy M. Tadier of St. Brelade .

Draft Air Navigation (Jersey) Law 2014 (Appointed Day) Act 201-.  P.164/2014. Lodged: 11th November 2014.

Minister for External Relations.

Jersey Employment and Discrimination Tribunal: appointment of members.  P.165/2014. Lodged: 11th November 2014.

Minister for Social Security.

Planning Applications Panel: appointment of members.  P.166/2014. Lodged: 11th November 2014.

Minister for Planning and Environment.

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 Employment of States of Jersey Employees (Amendment No. 7) (Jersey)  P.97/2014. Regulations 201-.

Lodged: 21st May 2014.

States Employment Board.

Draft Employment of States of Jersey Employees (Amendment No. 7) (Jersey)  P.97/2014. Regulations 201- (P.97/2014): amendment.  Amd. Lodged: 30th June 2014.

Chief Minister.

Draft Employment of States of Jersey Employees (Amendment No. 7) (Jersey) Regulations 201- (P.97/2014): second amendment.

Lodged: 20th August 2014.

States Employment Board.


P.97/2014. Amd.(2)

Appointment of President of the Chairmen's Committee

In accordance with the provisions of Standing Order 121(1), the Connétable of Grouville nominated Deputy  John  Alexander  Nicholas  Le Fondré  of   St. Lawrence  as  the  President  of  the  Chairmen's Committee.

There being no other nominations, the Bailiff declared that Deputy John Alexander Nicholas Le Fondré of St. Lawrence had been duly appointed as the President of the Chairmen's Committee.

Appointment of the members of the Privileges and Procedures Committee

In accordance with Standing Order 122, the following nominations were made by the Connétable of St. Clement , Chairman of the Privileges and Procedures Committee, for members of the Privileges and Procedures Committee who were not Ministers or Assistant Ministers –

The Connétable of St. John

Deputy Judith Ann Martin of St. Helier Deputy Samuel Yves Mézec of St. Helier

Deputy  Montfort   Tadier  of   St. Helier  was  nominated  by   Deputy  Geoffrey  Peter   Southern  of St. Helier .

THE STATES, having proceeded to a secret ballot, were informed of the following results by the Bailiff

The Connétable of St. John  33 Deputy Judith Ann Martin of St. Helier  37 Deputy Samuel Yves Mézec of St. Helier  39 Deputy Montfort Tadier of St. Helier  10

There were 2 spoilt papers.

The   Bailiff  accordingly  declared  that  the  following  had  been  duly  appointed  as  members  of  the Privileges and Procedures Committee –

The Connétable of St. John

Deputy Judith Ann Martin of St. Helier Deputy Samuel Yves Mézec of St. Helier

The following nominations were made by the Connétable of St. Clement , Chairman of the Privileges and Procedures Committee, for members who were Ministers or Assistant Ministers –

Senator Philip Francis Cyril Ozouf The Connétable of St. Lawrence

There being no other Ministers or Assistant Ministers nominated, the Bailiff declared that Senator Philip Francis Cyril Ozouf and the Connétable of St. Lawrence had been duly elected as members of the Privileges and Procedures Committee.

The following nomination was made by the Connétable of St. Clement , Chairman of the Privileges and Procedures Committee, for a member who was a member of the Chairmen's Committee –

The Connétable of Grouville

There being no other nominations, the Bailiff declared that the Connétable of Grouville had been duly elected as a member of the Privileges and Procedures Committee.

Public Accounts Committee: appointment of elected members

In accordance with the provisions of Standing Order 123(1), the following nominations were made by Deputy Andrew David Lewis of St. Helier , Chairman of the Public Accounts Committee –

The Connétable of St. John

Deputy Scott Michael Wickenden of St. Helier

There being no other nominations, the Bailiff declared that the Connétable of St. John and Deputy Scott Michael Wickenden of St. Helier had been duly appointed as elected members of the Public Accounts Committee.

Corporate Services Scrutiny Panel – appointment of members

In  accordance  with  Standing  Order 125(1)  the  Chairman  of  the  Corporate  Services  Scrutiny  Panel indicated that he wished to have a Panel of 3 members, including the chairman, and nominated the following as members of the Panel –

The Connétable of St. John

Deputy Simon Muir Brée of St. Clement

There being no other nominations, the Bailiff declared that the Connétable of St. John and Deputy Simon Muir Brée of St. Clement had been duly appointed as members of the Corporate Services Scrutiny Panel.

Economic Affairs Scrutiny Panel – appointment of members

In accordance with Standing Order 125(1) the Chairman of the Economic Affairs Scrutiny Panel indicated that he wished to have a Panel of 4 members, including the chairman, and nominated the following as members of the Panel –

The Connétable of St. Ouen

The Deputy of St. Mary

Deputy Simon Muir Brée of St. Clement

There being no other nominations, the Bailiff declared that the Connétable of St. Ouen , the Deputy of St. Mary and Deputy Simon Muir Brée of St. Clement had been duly appointed as members of the Economic Affairs Scrutiny Panel.

Education and Home Affairs Scrutiny Panel – appointment of members

In accordance with Standing Order 125(1) the Chairman of the Education and Home Affairs Scrutiny Panel indicated that she wished to have a Panel of 4 members, including the chairman, and nominated the following as members of the Panel –

Deputy Jeremy Martin Maçon of St. Saviour Deputy Samuel Yves Mézec of St. Helier Deputy Scott Michael Wickenden of St. Helier

There being no other nominations, the Bailiff declared that Deputies Jeremy Martin Maçon of St. Saviour , Samuel Yves Mézec of St. Helier and Scott Michael Wickenden of St. Helier had been duly appointed as members of the Education and Home Affairs Scrutiny Panel.

Environment, Housing and Technical Services Scrutiny Panel – appointment of members

In accordance with Standing Order 125(1) the Chairman of the Environment, Housing and Technical Services Scrutiny Panel indicated that he wished to have a Panel of 2 members, including the chairman, and nominated Deputy Montfort Tadier of St. Brelade as a member of the Panel.

There being no other nominations, the Bailiff declared that Deputy Montfort Tadier of St. Brelade had been duly appointed as a member of the Environment, Housing and Technical Services Scrutiny Panel.

Health and Social Security Scrutiny Panel – appointment of members

In accordance with Standing Order 125(1) the Chairman of the Health and Social Security Scrutiny Panel indicated that he wished to have a Panel of 2 members, including the chairman, and nominated the following as members of the Panel –

Deputy Geoffrey Peter Southern of St. Helier Deputy Terence Alexander McDonald of St. Saviour

There being no other nominations, the Bailiff declared that Deputies Geoffrey Peter Southern of St. Helier and Terence Alexander McDonald of St. Saviour had been duly appointed as members of the Health and Social Services Scrutiny Panel.

Jersey Overseas Aid Commission – appointment of States commissioners

In accordance with Standing Order 126(1) the Chairman of the Jersey Overseas Aid Commission nominated the following as States Commissioners –

The Connétable of St. Martin

Deputy Judith Ann Martin of St. Helier

There being no other nominations, the Bailiff declared that the Connétable of St. Martin and Deputy Judith Ann Martin of St. Helier had been duly appointed as members of the Jersey Overseas Aid Commission.

States Employment Board – appointment of members

In accordance with Article 5 of the Employment of States of Jersey Employees (Jersey) Law 2005, the following nominations were made by the Chairman of the States Employment Board for members of the Board who were not Ministers or Assistant Ministers –

The Connétable of St. Martin The Connétable of St. Mary

Deputy  Montfort   Tadier  of St. Brelade was nominated by Deputy Geoffrey Peter Southern of St. Helier .

Deputy Samuel Yves Mézec of St. Helier was nominated by Deputy Geoffrey Peter Southern of

St. Helier .

THE STATES, having proceeded to a secret ballot, were informed of the following results by the Bailiff

The Connétable of St. Martin  36 The Connétable of St. Mary  32 Deputy Montfort Tadier of St. Brelade  11 Deputy Samuel Yves Mézec of St. Helier  9

The Bailiff declared that the Connétable of St. Martin and the Connétable of St. Mary had been duly appointed as members of the States Employment Board.

Jersey Police Authority – appointment of members

In accordance with Article 5 of the States of Jersey Police Force Law 2012 the following nominations were made for members of the Jersey Police Authority –

Deputy Judith Ann Martin of St. Helier Deputy Scott Michael Wickenden of St. Helier

There being no other nominations, the Bailiff declared that Deputies Judith Ann Martin of St. Helier and Scott  Michael  Wickenden  of   St. Helier  had  been  duly  appointed  as members of the Jersey Police Authority.

Arrangement of public business for future meetings

THE STATES, adopting the proposition of the Chief Minister, in accordance with Standing Order 26(7), agreed to reduce the minimum lodging period in respect of the proposition entitled Draft Freedom of Information (Exemptions – Amendment of Law) (Jersey) Regulations 201-' (P.162/2014) to enable the matter to be considered at the meeting of 9th December 2014.

Members present voted as follows –

POUR: 39 CONTRE: 4 ABSTAIN: 0

Senator P.F. Routier

Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator I.J. Gorst

Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy of Grouville

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

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

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

Deputy of St. Peter

Deputy A.D. Lewis (H) Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy S.M. Brée (C) Deputy M.J. Norton (B) Deputy T.A. McDonald (S) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)


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

Deputy M.R. Higgins (H) Deputy S.Y. Mézec (H)

THE STATES agreed the following arrangement of public business for future meetings proposed, as amended, by the Chairman of the Privileges and Procedures Committee in accordance with the provisions of Standing Order 88(3) –

25th November 2014

Draft Freedom of Information (Jersey Heritage Trust) (Jersey) Regulations 201-. P.146/2014. Lodged: 14th August 2014.

Chief Minister.

Freedom of Information: extension to companies owned or controlled by the States.  P.149/2014. Lodged: 16th September 2014.

Deputy of Grouville .

Draft Pet Travel Scheme (Amendment) (Jersey) Regulations 201-.  P.150/2014. Lodged: 22nd September 2014.

Minister for Planning and Environment.

Draft Financial Services Commission (Amendment No. 6) (Jersey) Law 201-.  P.151/2014. Lodged: 22nd September 2014.

Chief Minister.

Draft Financial Services Ombudsman (Jersey) Law 2014 (Appointed Day) Act 201-.  P.152/2014. Lodged: 22nd September 2014.

Minister for Economic Development.

Draft Freedom of Information (Schedule 1 to Law) (Amendment No. 2) (Jersey)  P.154/2014. Regulations 201-.

Lodged: 23rd September 2014.

Chief Minister.

Draft Freedom of Information (Schedule 1 to Law) (Amendment No. 2) (Jersey)  P.154/2014. Regulations 201- (P.154/2014): amendment.  Amd. Lodged: 4th November 2014.

Chief Minister.

Draft Freedom of Information (Costs) (Jersey) Regulations 201-.  P.155/2014. Lodged: 23rd September 2014.

Chief Minister.

Greville Bathe Fund: appointment of Jurats.  P.159/2014. Lodged: 23rd October 2014.

Minister for Treasury and Resources.

Draft International Criminal Court (Jersey) Law 2014 (Appointed Day) Act 201-.  P.161/2014. Lodged: 27th October 2014.

Chief Minister.

9th December 2014

Bedrocan BV: possession for treatment purposes – petition.  P.126/2014. Lodged: 16th July 2014.

Deputy M. Tadier of St. Brelade .

Bedrocan BV: possession for treatment purposes – petition (P.126/2014) – comments.  P.126/2014. Presented: 9th September 2014.  Com. Minister for Health and Social Services.

Sativex: possession for treatment purposes – petition.  P.127/2014. Lodged: 16th July 2014.

Deputy M. Tadier of St. Brelade .

Sativex: possession for treatment purposes – petition (P.127/2014) – comments.  P.127/2014. Presented: 8th September 2014.  Com. Minister for Health and Social Services.

Cannabis: possession of cannabis for treatment purposes – petition.  P.128/2014. Lodged: 16th July 2014.

Deputy M. Tadier of St. Brelade .

Cannabis: possession of cannabis for treatment purposes – petition (P.128/2014) –  P.128/2014. comments.  Com. Presented: 8th September 2014.

Minister for Health and Social Services.

Draft Employment (Minimum Wage) (Amendment No. 11) (Jersey) Regulations 201-.  P.157/2014. Lodged: 21st October 2014.

Minister for Social Security.

Draft Proceeds of Crime (Amendment – Financial Intelligence) (Jersey) Law 201-.  P.158/2014. Lodged: 21st October 2014.

Chief Minister.

Draft Criminal Justice (Insane Persons) (Amendment) (Jersey) Law 201-.  P.160/2014. Lodged: 27th October 2014.

Chief Minister.

Draft Freedom of Information (Exemptions – Amendment of Law) (Jersey)  P.162/2014. Regulations 201-.

Lodged: 29th October 2014.

Chief Minister.

Draft Freedom of Information (Jersey) Law 2011 (Appointed Day) Act 201-.  P.153/2014. Lodged: 23rd September 2014.

Chief Minister.

Council of Ministers' meetings: public access.  P.163/2014. Lodged: 3rd November 2014.

Deputy M. Tadier of St. Brelade .

Draft Air Navigation (Jersey) Law 2014 (Appointed Day) Act 201-.  P.164/2014. Lodged: 11th November 2014.

Minister for External Relations.

Jersey Employment and Discrimination Tribunal: appointment of members.  P.165/2014. Lodged: 11th November 2014.

Minister for Social Security.

Planning Applications Panel: appointment of members.  P.166/2014. Lodged: 11th November 2014.

Minister for Planning and Environment.

20th January 2015

Gas Place: petition.  P.156/2014. Lodged: 24th September 2014.

Connétable of St. Helier .

THE STATES rose at 10.11 a.m.

M.N. DE LA HAYE, O.B.E. Greffier of the States