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States Minutes 30th June 2014

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THE STATES assembled on Monday 30th June 2014, at 09.30 a.m. under

the Presidency of the Deputy Bailiff ,

William James Bailhache , Esquire.  __________________

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

 __________________

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

Senator Philip Francis Cyril Ozouf – en défaut (défaut raised at 2.45 p.m.)

Senator Sarah Craig Ferguson – excused attendance

Senator Lyndon John Farnham – en défaut (défaut raised at 4.27 p.m.)

Connétable Sadie Anthea Rennard of St. Saviour ill

Deputy John Alexander Nicholas Le Fondré of St. Lawrence – absent on States business Deputy James Patrick Gorton Baker of St. Helier – en défaut

Deputy John Hilary Young of St. Brelade – excused attendance

Deputy Kristina Louise Moore of St. Peter ill

 __________________

Prayers

 __________________

Diane Abbott M.P. – welcome

The Deputy Bailiff , on behalf of all members, welcomed Ms. Diane Abbott, M.P. for Hackney North and South Stoke Newington, who was present in the public gallery.

Subordinate enactments tabled

The following enactments were tabled, namely –

Taxation (Implementation) (Convention on Mutual Administrative Assistance in Tax  R&O.66/2014. Matters) (Amendment of Regulations No. 1) (Jersey) Order 2014.

Minister for External Relations.

Long-Term Care (Benefits) (Amendment) (Jersey) Order 2014.  R&O.74/2014. Minister for Social Security.

Long-Term Care (General Provisions) (Jersey) Order 2014.  R&O.75/2014 Minister for Social Security.

Motor Traffic (Cabs – Fares and Charges) (Amendment No. 5) (Jersey) Order 2014.  R&O.76/2014. Minister for Transport and Technical Services.

Gorey Fête (Jersey) Order 2014.  R&O.77/2014. Minister for Transport and Technical Services.

309   Price code: B

Town Criterium (Jersey Order 2014.  R&O.78/2014. Minister for Transport and Technical Services.

Documents presented or laid

Committee of Inquiry: sale of Broad Street post office building (P.61/2014) –  P.61/2014. comments.  Com. Presented: 27th June 2014.

Minister for Treasury and Resources.

Committee of Inquiry: sale of Broad Street post office building (P.61/2014) –  P.61/2014. comments.  Com.(2) Presented: 27th June 2014.

Council of Ministers.

Draft Income Support (Special Payments) (Child Personal Care) (Jersey) Regulations  P.90/2014. 201- (P.90/2014): amendment (P.90/2014 Amd.) – comments.  Amd.Com. Presented: 27th June 2014.

Minister for Treasury and Resources.

Draft Income Support (Special Payments) (Child Personal Care) (Jersey) Regulations  P.90/2014. 201- (P.90/2014): amendment (P.90/2014 Amd.) – comments.  Amd. Presented: 30th June 2014.  Com.(2) Minister for Social Security.

Draft Planning and Building (Amendment No. 6) (Jersey) Law 201- (P.94/2014): third  P.94/2014. amendment (P.94/2014 Amd.(3)) – comments.  Amd.(3). Presented: 30th June 2014.  Com. Minister for Planning and Environment.

Draft Regulation of Care (Jersey) Law 201- (P.95/2014): comments.  P.95/2014. Presented: 30th June 2014.  Com. Health, Social Security and Housing Scrutiny Panel.

Draft Comptroller and Auditor General (Jersey) Law 201- (P.98/2014): amendment  P.98/2014. (P.98/2014 Amd.) – comments.  Amd.Com. Presented: 30th June 2014.

Council of Ministers.

States owned or controlled companies: rights and responsibilities (P.100/2014) –  P.100/2014. comments.  Com. Presented: 27th June 2014.

Minister for Treasury and Resources.

States owned or controlled companies: rights and responsibilities (P.100/2014) –  P.100/2014. amendment (P.100/2014 Amd.) – comments.  Amd.Com. Presented: 27th June 2014.

Minister for Treasury and Resources.

Income Support: free GP access (P.101/2014) – comments.  P.101/2014. Presented: 30th June 2014.  Com. Minister for Social Security.

Plémont Holiday Village: grant to National Trust for Jersey (P.107/2014) – comments.  P.107/2014. Presented: 27th June 2014.  Com. Minister for Treasury and Resources.

Plémont Holiday Village: grant to National Trust for Jersey (P.107/2014) – comments.  P.107/2014. Presented: 30th June 2014.  Com.(2) Minister for Planning and Environment.

Plémont Holiday Village: grant to National Trust for Jersey (P.107/2014) – additional  P.107/2014. comments.  Com.(3) Presented: 30th June 2014.

Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – Treasury and Resources –  R.82/2014. revised delegations June 2014.

Presented: 20th June 2014.

Minister for Treasury and Resources.

Public Records (Jersey) Law 2002: report of the Jersey Heritage Trust and the States  R.83/2014. Archivist during 2013.

Presented: 20th June 2014.

Minister for Education, Sport and Culture.

Governance of the States of Jersey Pension Schemes.  R.84/2014. Presented: 20th June 2014.

Comptroller and Auditor General.

Land Transactions under Standing Order 168(3) –  R.85/2014.

  1. Transfer of land at Overdale Valley to the Parish of St. Helier ;
  2. Apartment No. 12, Block D, Les Quennevais Park – transfer of the Public's flying

freehold ownership and cancellation of existing 99 year lease.

Presented: 24th June 2014.

Minister for Treasury and Resources.

Jersey Fire and Rescue Service: Annual Review 2013.  R.86/2014. Presented: 26th June 2014.

Minister for Home Affairs.

Housing Development Fund: Investment Strategies.  R.87/2014. Presented: 30th June 2014.

Minister for Treasury and Resources.

Budget Management Report for the period ended 31st December 2013.  R.88/2014. Presented: 30th June 2014.

Minister for Treasury and Resources.

Retail Policy.  S.R.6/2014. Presented: 30th June 2014.

Economic Affairs Scrutiny Panel.

Notification of lodged propositions

Draft Planning and Building (Amendment No. 6) (Jersey) Law 201- (P.94/2014):  P.94/2014. second amendment (P.94/2014 Amd.(2)) – amendment.  Amd.(2)Amd. Lodged: 24th June 2014.

Deputy J.H. Young of St. Brelade .

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.

States owned or controlled companies: rights and responsibilities (P.100/2014) –  P.100/2014. amendment.  Amd. Lodged: 24th June 2014.

Deputy R.G. Le Hérissier of St. Saviour .

Civil marriages: same sex couples (P.102/2014) – amendment.  P.102/2014. Lodged: 25th June 2014.  Amd. Senator P.F.C. Ozouf .

Draft Referendum (Composition of the States Assembly) (Jersey) Act 201-  P.118/2014. (P.118/2014): amendment.  Amd. Lodged: 30th June 2014.

Deputy of St. John .

Survivor's Benefit: repeal of 2012 changes.  P.122/2014. Lodged: 19th June 2014.

Deputy G.P. Southern of St. Helier .

Freedom For Life Ministries: grant from Criminal Offences Confiscation Fund.  P.123/2014. Lodged: 25th June 2014.

Deputy M.R. Higgins of St. Helier .

Funding for Women's Refuge.  P.124/2014. Lodged: 26th June 2014.

Deputy of St. Martin .

Written Questions

(see Official Report/Hansard)

H.M. Attorney General tabled an answer to a question asked by Deputy T.A. Vallois of St. Saviour regarding the Comptroller and Auditor General's powers to access computer data.

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 Income Tax Department's access to bank accounts.

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy J.H. Young of St. Brelade regarding the results of the taxi consultation.

The  Minister  for  Planning  and  Environment  tabled  an  answer  to  a  question  asked  by   Deputy J.H. Young of St. Brelade regarding energy efficiency grants.

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy J.H. Young of St. Brelade regarding PSV licences.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy J.H. Young of St. Brelade regarding energy efficiency grants.

The Minister for Planning and Environment tabled an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the environmental impact of the JEC cable link.

The Chairman of the Comité des Connétable s tabled an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding Parish rates.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy J.A. Martin of St. Helier regarding the site for the new Police Headquarters.

The Chief Minister tabled an answer to a question asked by Deputy J.A.N. Le Fondré of St. Lawrence regarding resource support for the Dean of Jersey.

Arrangement of public business for the current meeting

THE STATES, adopting a proposition of Deputy Montfort Tadier of St. Brelade , agreed that the time allowed for each question with notice should not be curtailed to 4 minutes as proposed by the Deputy Bailiff .

Members present voted as follows –

POUR: 21 CONTRE: 20 ABSTAIN: 0

Senator A.J.H. Maclean Senator B.I. Le Marquand Connétable of St. Clement Connétable of St. Lawrence Connétable of St. John Connétable of St. Brelade Connétable of St. Martin Deputy R.C. Duhamel (S) Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of St. Ouen

Deputy J.A. Hilton (H) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy A.K.F. Green (H) Deputy G.C.L. Baudains (C) Deputy of St. John

Deputy of St. Martin Deputy R.J. Rondel (H) Deputy N.B. Le Cornu (H) Deputy S.Y. Mézec (H)


Senator P.F. Routier

Senator P.F.C. Ozouf

Senator A. Breckon

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

Senator P.M. Bailhache

Connétable of Trinity

Connétable of St. Mary

Connétable of St. Ouen

Connétable of Grouville

Deputy R.G. Le Hérissier (S) Deputy of Grouville

Deputy of Trinity

Deputy S.S.P.A. Power (B)

Deputy K.C. Lewis (S)

Deputy E.J. Noel (L)

Deputy J.M. Maçon (S)

Deputy S.J. Pinel (C)

Deputy of St. Mary

Deputy R.G. Bryans (H)

Oral Questions

(see Official Report/Hansard)

Deputy S.S.P.A. Power of St. Brelade asked a question of the Chief Minister regarding the levels of births over deaths in Jersey since 2010.

Deputy M. Tadier of St. Brelade asked a question of the Minister for Treasury and Resources regarding the current balance and recent uses of the Criminal Offences Confiscation Fund.

Deputy G.P. Southern of St. Helier asked a question of the Minister for Housing regarding the annual rent rises proposed by Andium Homes for October 2014.

Deputy M.R. Higgins of St. Helier asked a question of the Minister for Home Affairs regarding the alleged failure of the States of Jersey Police to investigate a child protection case properly.

Deputy S.Y. Mézec of St. Helier asked a question of H.M. Attorney General regarding the disclosure of information by the Viscount's Department in the bankruptcy case of the former Deputies Pitman.

Deputy S.Y. Mézec of St. Helier asked a question of the Minister for Health and Social Services regarding the implementation of the Scrutiny Report into the Child and Adolescent Mental Health Service.

Deputy M.R. Higgins of St. Helier asked a question of the Minister for Health and Social Services regarding action taken in relation to a child protection matter.

Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding a full review of the Income Support scheme.

Deputy S.S.P.A. Power of St. Brelade asked a question of the Minister for Housing regarding the rights of tenants to keep pets.

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.

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

The Chairman of the Comité des Connétable s made a statement about the Island-wide rate for 2014. Draft Shops (Regulation of Opening) (Amendment) (Jersey) Regulations 201- P.76/2014

THE STATES commenced consideration of the Draft Shops (Regulation of Opening) (Amendment) (Jersey) Regulations 201- and rejected the principles.

Members present voted as follows –

STATES MINUTES POUR: 7

Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator P.M. Bailhache Connétable of St. Clement Connétable of St. Brelade Deputy R.C. Duhamel (S) Deputy of St. John


30th June 2014

  CONTRE: 34  ABSTAIN: 1

  Senator P.F. Routier  Senator L.J. Farnham   Senator A. Breckon

  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. Peter

  Connétable of St. Lawrence

  Connétable of St. Mary

  Connétable of St. John

  Connétable of St. Ouen

  Connétable of St. Martin

  Connétable of Grouville

  Deputy R.G. Le Hérissier (S)

  Deputy J.A. Martin (H)

  Deputy G.P. Southern (H)

  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. Tadier (B)

  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. Mary

  Deputy of St. Martin

  Deputy R.G. Bryans (H)

  Deputy N.B. Le Cornu (H)

  Deputy S.Y. Mézec (H)

Deputy  Richard  John  Rondel  of   St. Helier ,  in  accordance  with  the  provisions  of  Standing Order 106(1)(a), declared an interest and withdrew from the Chamber for the duration of the debate.

Adjournment

THE  STATES  adjourned,  having  agreed  to  reconvene  on  Tuesday  1st  July  2014  to  continue consideration of the outstanding items of public business.

THE STATES rose at 5.36 p.m.

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