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States Minutes 9th December 2014

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THE STATES assembled on Tuesday 9th December 2014, at 09.30 a.m. under the Presidency of the Bailiff ,

Sir Michael Birt.

 __________________

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 Paul Francis Routier, M.B.E. – en défaut

Senator Philip Francis Cyril Ozouf – absent on States business (arrived in the Chamber at 2.59 p.m.)

 __________________

Prayers

 __________________

Chief Minister of Guernsey – welcome

The Bailiff , on behalf of all members, welcomed the Chief Minister of Guernsey, Deputy Jonathan Le Tocq.

Jersey Overseas Aid Commission Community Works Project Team – welcome

The Bailiff , on behalf of all members, welcomed members of the Jersey Overseas Aid Commission Community Works Project Team who would be travelling to Nepal in January 2015 and were present in the public gallery.

Subordinate enactments tabled

The following enactments were tabled, namely –

Financial Services (Investment Business (Qualifying Segregated Managed  R&O.182/2014. Accounts – Exemption)) (Jersey) Order 2014.

Chief Minister.

Economic Development (2015 Fees) (Jersey) Order 2014.  R&O.189/2014. Minister for Economic Development.

Royal Court (Amendment No. 18) Rules 2014  R&O.190/2014. Superior Number of the Royal Court.

Petty Debts Court (Amendment No. 2) Rules 2014  R&O.191/2014. Superior Number of the Royal Court.

589   Price code: C

EU Legislation (Sanctions – Somalia) (Jersey) Order 2014.  R&O.192/2014. Minister for External Relations.

EU Legislation (Sanctions – Syria) (Jersey) Order 2014.  R&O.193/2014. Minister for External Relations.

EU Legislation (Sanctions – Ukraine) (Jersey) Order 2014.  R&O.194/2014. Minister for External Relations.

EU Legislation (Sanctions – Libya) (Jersey) Order 2014.  R&O.195/2014. Minister for External Relations.

Employment (Qualifying Period) (Jersey) Order 2014.  R&O.196/2014. Minister for Social Security.

Planning and Environment (2015 Fees) (Jersey) Order 2014.  R&O.197/2014. Minister for Planning and Environment.

Documents presented or laid

Bedrocan BV: possession for treatment purposes – petition (P.126/2014) – comments.  P.126/2014. Presented: 8th December 2014.  Com.(2) Minister for Health and Social Services.

Bedrocan BV: possession for treatment purposes – petition (P.126/2014) – comments.  P.126/2014. Presented: 8th December 2014.  Com.(3) H.M. Attorney General.

Sativex: possession for treatment purposes – petition (P.127/2014) – comments.  P.127/2014. Presented: 8th December 2014.  Com.(2) Minister for Health and Social Services.

Cannabis: possession of cannabis for treatment purposes – petition (P.128/2014) –  P.128/2014. comments.  Com.(2) Presented: 8th December 2014.

Minister for Health and Social Services.

Council of Ministers' meetings: public access – comments.  P.163/2014. Presented: 8th December 2014.  Com. Council of Ministers.

Code of Audit Practice.  R.169/2014. Presented: 28th November 2014.

Comptroller and Auditor General.

Equal Marriage and Partnership: Options Paper Report – November 2014.  R.170/2014. Presented: 28th November 2014.

Council of Ministers.

States Investment Strategies.  R.171/2014. Presented: 3rd December 2014.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – Le Braye Café, Le Braye Slip South  R.172/2014. Bunker and Le Braye Slip North Bunker, La Grande Route des Mielles, St. Brelade

lease.

Presented: 3rd December 2014.

Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – Health and Social Services –  R.173/2014. revised delegations December 2014.

Presented: 4th December 2014.

Minister for Health and Social Services.

States of Jersey Law 2005: delegation of functions – Planning and Environment –  R.174/2014. revised delegations November 2014.

Presented: 4th December 2014.

Minister for Planning and Environment.

The Lord Portsea Gift Fund: report for 2012 and 2013.  R.175/2014. Presented: 5th December 2014.

Minister for Education, Sport and Culture.

Notification of lodged propositions

Jersey Arts Trust: re-appointment of Chairman.  P.167/2014. Lodged: 5th December 2014.

Minister for Education, Sport and Culture.

Armed Forces Covenant and Community Covenant.  P.168/2014. Lodged: 9th December 2014.

Minister for Home Affairs.

Draft Act annulling the Employment (Qualifying Period) (Jersey) Order 2014.  P.169/2014. Lodged: 9th December 2014.

Deputy G.P. Southern of St. Helier .

Jersey Financial Services Commission: appointment of Commissioner.  P.170/2014. Lodged: 9th December 2014.

Chief Minister.

Draft Financial Services Ombudsman (Case-Fee and Levy) (Jersey) Regulations 201-.  P.171/2014. Lodged: 9th December 2014.

Minister for Economic Development.

Jersey Financial Services Commission: appointment of Commissioner.  P.172/2014. Lodged: 9th December 2014.

Chief Minister.

Draft Loi (201-) (Amendement) au sujet des assemblées paroissiales.  P.173/2014. Lodged: 9th December 2014.

Comité des Connétable s.

British Irish Parliamentary Assembly: appointment of Member

THE STATES commenced consideration of the nomination and election of a member to represent the States of Jersey on the British-Irish Parliamentary Assembly.

Deputy John Alexander Nicholas Le Fondré of St. Lawrence was nominated by the Chief Minister. Deputy Andrew David Lewis of St. Helier was nominated by the Connétable of St. Clement .

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

Deputy John Alexander Nicholas Le Fondré of St. Lawrence  31 Deputy Andrew David Lewis of St. Helier  15

The Bailiff declared that the member receiving the largest number of votes, Deputy John Alexander Nicholas Le Fondré of St. Lawrence , was duly elected as the Jersey Member to represent the States of Jersey on the British-Irish Parliamentary Assembly.

British Irish Parliamentary Assembly: appointment of Associate Member

THE STATES commenced consideration of the nomination and election of an Associate Member to represent the States of Jersey on the British-Irish Parliamentary Assembly.

Deputy Graham John Truscott of St. Brelade was nominated by the Chief Minister.

Deputy Kevin Charles Lewis of St. Saviour was nominated by Deputy Louise Mary Catherine Doublet of St. Saviour .

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

Deputy Graham John Truscott of St. Brelade  15 Deputy Kevin Charles Lewis of St. Saviour  28 Spoilt  1

The Bailiff declared that the member receiving the largest number of votes, Deputy Kevin Charles Lewis of St. Saviour , was duly elected as the Associate Member to represent the States of Jersey on the British- Irish Parliamentary Assembly.

Environment, Housing and Technical Services Scrutiny Panel: appointment of member

In accordance with Standing Order 125(7) the Chairman of the Environment, Housing and Technical Services Scrutiny Panel indicated that he wished to have a Panel of 4 members, including the chairman, and nominated the following as a member of the Panel –

Deputy Judith Ann Martin of St. Helier .

There being no other nominations, the Presiding Officer declared that Deputy Judith Ann Martin of St. Helier had been duly appointed as a member of the Environment, Housing and Technical Services Scrutiny Panel.

Education and Home Affairs Scrutiny Panel: resignation of member

THE STATES noted the resignation of Deputy Scott Michael Wickenden of St. Helier as a member of the Education and Home Affairs Scrutiny Panel.

Education and Home Affairs Scrutiny Panel: vacancy

In accordance with Standing Order 120(1), the Bailiff gave notice that there was a vacancy in the office of member of the Education and Home Affairs Scrutiny Panel.

Corporate Services Scrutiny Panel: appointment of member

In accordance with Standing Order 125(7), the Chairman of the Corporate Services Scrutiny Panel indicated that he wished to have a Panel of 4 members, including the chairman, and nominated the following as a member of the Panel –

Deputy Kevin Charles Lewis of St. Saviour .

There being no other nominations, the Presiding Officer declared that Deputy Kevin Charles Lewis of St. Saviour had been duly appointed as a member of the Corporate Services Scrutiny Panel.

Written Questions

(see Official Report/Hansard)

The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding management of the Consolidated Fund.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding tax revenues.

The Minister for Economic Development tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding tax revenues.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding proposals to deliver 2% budget reductions across all departments.

The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the benefits administered by the Department.

H.M. Attorney General tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the power to directly file or instigate charges in the Magistrate's Court.

The Minister for Home Affairs tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding Operation Rectangle.

The Minister for Education, Sport and Culture tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding truancy.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding burials.

The Minister for Planning and Environment tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding nuisance caused by feeding seagulls.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding nuisance caused by feeding seagulls.

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding taxi plates.

The Chairman of the Comité des Connétable s tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the provision of Christmas lunches for senior citizens.

The Minister for Home Affairs tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding truancy.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding tax rates.

Oral Questions

(see Official Report/Hansard)

Deputy G.P. Southern of St. Helier asked a question of the Minister for Health and Social Services regarding contracts agreed with third sector or private companies to deliver residential support.

Deputy J.A. Hilton of St. Helier asked a question of the Minister for Treasury and Resources regarding the proposed Zephyrus scheme of flats and alternative uses for the site.

Deputy L.M.C. Doublet of St. Saviour asked a question of the Assistant Minister for Health and Social Services regarding home births and birth plans.

Deputy S.Y. Mézec of St. Helier asked a question of the Chief Minister regarding long-term population policy and inward migration of graduates.

Deputy M.R. Higgins of St. Helier asked a question of the Minister for Health and Social Services regarding the duty of care of officers to vulnerable people.

Deputy M. Tadier of St. Brelade asked a question of the Minister for Planning and Environment regarding the maintenance of the former Odeon Cinema as a Class 1 listed building.

Deputy G.P. Southern of St. Helier asked a question of the Minister for Treasury and Resources regarding meetings held between the Minister and representatives of Jersey Telecom in respect of the Gigabit project.

Deputy M. Tadier of St. Brelade asked a question of the Minister for Education, Sport and Culture regarding progress towards Chinese language tuition in schools and the establishment of a Confucius Institute.

Deputy S.Y. Mézec of St. Helier asked a question of the Chief Minister regarding the creation of the new post of Minister for Finance, Digital and Competition, and changes to the Troy Rule'.

Deputy M.R. Higgins of St. Helier asked a question of the Minister for Home Affairs regarding the procedures of the Police in respect of child protection matters.

Deputy J.A. Hilton of St. Helier asked a question of the Minister for Treasury and Resources regarding the pre-letting of buildings on the Esplanade car park site.

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.

Urgent Oral Question

(see Official Report/Hansard)

Deputy Samuel Yves Mézec of St. Helier asked the following urgent oral question of the Minister for Social Security, which the Bailiff had allowed in accordance with Standing Order 15 relating to urgent oral questions –

"Would the Minister agree to revoke the Employment (Qualifying Period) (Jersey) Order 2014 which  is  due  to  come  into  force on 1st January 2015 and instead bring a proposition to the Assembly to seek States approval before any changes are made to the qualifying period for unfair dismissal?"

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

THE STATES commenced consideration of the Draft Freedom of Information (Exemptions – Amendment of Law) (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 to 4.

THE STATES, in pursuance of Articles 6 and 53 of the Freedom of Information (Jersey) Law 2011, made Regulations entitled the Freedom of Information (Exemptions – Amendment of Law) (Jersey) Regulations 2014.

Draft Freedom of Information (Jersey) Law 2011 (Appointed Day) Act 201- P.153/2014

THE STATES, in pursuance of Article 57 of the Freedom of Information (Jersey) Law 2011, made an Act entitled the Freedom of Information (Jersey) Law 2011 (Appointed Day) Act 2014.

Members present voted as follows –

POUR: 38 CONTRE: 0 ABSTAIN: 0

Senator A.J.H. Maclean Senator I.J. Gorst

Senator L.J. Farnham Senator P.M. Bailhache Senator A.K.F. Green 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 J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Trinity

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

Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy R.G. Bryans (H) Deputy of St. Peter

Deputy S.Y. Mézec (H) Deputy of St. Ouen

Deputy L.M.C. Doublet (S) 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)

Draft Air Navigation (Jersey) Law 2014 (Appointed Day) Act 201- P.164/2014

THE STATES, in pursuance of Article 183 of the Air Navigation (Jersey) Law 2014, made an Act entitled the Air Navigation (Jersey) Law 2014 (Appointed Day) Act 2014.

Members present voted as follows –

POUR: 40 CONTRE: 3 ABSTAIN: 0

Senator A.J.H. Maclean Senator I.J. Gorst

Senator L.J. Farnham Senator P.M. Bailhache Senator A.K.F. Green Senator Z.A. Cameron 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


Deputy G.P. Southern (H) Deputy M. Tadier (B) Deputy S.Y. Mézec (H)

Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H) Deputy of Grouville

Deputy of Trinity

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

Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy R.G. Bryans (H) Deputy of St. Peter

Deputy R.J. Rondel (H) 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)

Draft Employment (Minimum Wage) (Amendment No. 11) (Jersey) Regulations 201- P.157/2014

THE STATES commenced consideration of the Draft Employment (Minimum Wage) (Amendment No. 11) (Jersey) Regulations 201- and adopted the principles.

Members present voted as follows –

POUR: 36  CONTRE: 2  ABSTAIN: 3

Senator I.J. Gorst   Deputy G.P. Southern (H)   Deputy M. Tadier (B) Senator L.J. Farnham   Deputy S.Y. Mézec (H)   Deputy M.R. Higgins (H) Senator P.M. Bailhache   Deputy L.M.C. Doublet (S) Senator A.K.F. Green

Senator Z.A. Cameron

Connétable of St. Clement

Connétable of St. Peter

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 J.A. Martin (H)

Deputy of Grouville

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 R.G. Bryans (H) Deputy of St. Peter

Deputy R.J. Rondel (H) Deputy A.D. Lewis (H) Deputy of St. Ouen

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)

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.

Members present voted as follows –

POUR: 36  CONTRE: 1  ABSTAIN: 4

Senator I.J. Gorst   Deputy G.P. Southern (H)   Deputy M. Tadier (B) Senator L.J. Farnham   Deputy M.R. Higgins (H) Senator P.M. Bailhache   Deputy S.Y. Mézec (H) Senator A.K.F. Green   Deputy L.M.C. Doublet (S) Senator Z.A. Cameron

Connétable of St. Clement

Connétable of St. Peter

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 J.A. Martin (H)

Deputy of Grouville

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 R.G. Bryans (H)

Deputy of St. Peter

Deputy R.J. Rondel (H) Deputy A.D. Lewis (H) Deputy of St. Ouen

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)

THE STATES, in pursuance of Articles 17, 18 and 104 of the Employment (Jersey) Law 2003, made Regulations entitled the Employment (Minimum Wage) (Amendment No. 11) (Jersey) Regulations 2014.

Members present voted as follows –

POUR: 37  CONTRE: 1  ABSTAIN: 4

Senator A.J.H. Maclean   Deputy G.P. Southern (H)   Deputy M. Tadier (B) Senator I.J. Gorst   Deputy M.R. Higgins (H) Senator L.J. Farnham   Deputy S.Y. Mézec (H) Senator P.M. Bailhache   Deputy L.M.C. Doublet (S) Senator A.K.F. Green

Senator Z.A. Cameron

Connétable of St. Clement

Connétable of St. Peter

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 J.A. Martin (H)

Deputy of Grouville

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 R.G. Bryans (H)

Deputy of St. Peter

Deputy R.J. Rondel (H)

Deputy A.D. Lewis (H)

Deputy of St. Ouen

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)

Jersey Employment and Discrimination Tribunal: appointment of members P.165/2014

THE STATES, adopting a proposition of the Minister for Social Security, appointed, further to a process overseen by the Jersey Appointments Commission and in accordance with the Employment and Discrimination Tribunal (Jersey) Regulations 2014, the following persons as members of the Jersey Employment and Discrimination Tribunal, each for a period of 5 years to begin from the date of States approval –

Mrs. Elizabeth Adams

Mrs. Janet Brothertom

Mrs. Melanie Cavey

Mrs. Claire Follain-Metcalfe Mr. Thomas Gales

Mr. Clive Holloway

Mr. Mandlenkosi Mlambo Miss Tamburai Mouni

Miss Daria Sawicka.

Planning Applications Panel: Appointment of Members P.166/2014

THE STATES, adopting a proposition of the Minister for Planning and Environment, appointed, in accordance with Article 9A(2) of the Planning and Building (Jersey) Law 2002, the following persons as members of the Planning Applications Panel (PAP) with immediate effect and until such time as the Planning and Building (Amendment No. 6) (Jersey) Law 2014 came into force –

Connétable of St. Mary (nominated as Chairman) Connétable of Trinity (nominated as Vice-Chairman) Deputy Jeremy Martin Maçon of St. Saviour

Deputy Richard John Rondel of St. Helier

Deputy Graham John Truscott of St. Brelade

Deputy Russell Labey of St. Helier .

Draft Proceeds of Crime (Amendment – Financial Intelligence) (Jersey) Law 201- P.158/2014

THE  STATES  commenced  consideration  of  the  Draft  Proceeds  of Crime (Amendment – Financial Intelligence) (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 Proceeds of Crime (Amendment – Financial Intelligence) (Jersey) Law 201-.

Draft Financial Services Commission (Amendment No. 6) (Jersey) Law 201- P.151/2014

THE STATES commenced consideration of the Draft Financial Services Commission (Amendment No. 6) (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 to 3 and Schedules 1 to 6.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Financial Services Commission (Amendment No. 6) (Jersey) Law 201-.

Members present voted as follows –

POUR: 44 CONTRE: 0 ABSTAIN: 0

Senator A.J.H. Maclean Senator I.J. Gorst

Senator L.J. Farnham Senator P.M. Bailhache Senator A.K.F. Green Senator Z.A. Cameron 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 J.A. Martin (H) Deputy of Grouville

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

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

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

Deputy R.G. Bryans (H) Deputy of St. Peter

Deputy R.J. Rondel (H) Deputy S.Y. Mézec (H) 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)

Sativex: Possession for treatment purposes – petition P.127/2014

THE STATES commenced consideration of a proposition of Deputy Montfort Tadier of St. Brelade and acceded to his request, in accordance with Standing Order 69(4), that paragraph (a) of the proposition be withdrawn.

THE STATES rejected paragraph (b) of a proposition of Deputy Montfort Tadier of St. Brelade to request the Minister for Health and Social Services to take the necessary steps to make "Sativex" more generally available in Jersey to those in need of this treatment, irrespective of their financial circumstances.

Members present voted as follows –

POUR: 16 CONTRE: 29 ABSTAIN: 0

Senator L.J. Farnham Connétable of St. Lawrence Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville Deputy M. Tadier (B) Deputy of St. John

Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy R.J. Rondel (H) Deputy S.Y. Mézec (H) Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Brée (C) Deputy of St. Mary

Deputy G.J. Truscott (B)


Senator A.J.H. Maclean

Senator I.J. Gorst

Senator P.M. Bailhache

Senator A.K.F. Green

Senator Z.A. Cameron

Connétable of St. Clement

Connétable of St. Peter

Connétable of St. Mary

Connétable of St. Ouen

Connétable of St. Brelade

Connétable of St. Martin

Connétable of St. Saviour

Connétable of Grouville

Connétable of St. John

Connétable of Trinity

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 S.J. Pinel (C)

Deputy of St. Martin

Deputy R.G. Bryans (H)

Deputy A.D. Lewis (H)

Deputy of St. Ouen

Deputy S.M. Wickenden (H) Deputy M.J. Norton (B)

Deputy T.A. McDonald (S)

Deputy P.D. McLinton (S)

Bedrocan BV: Possession for treatment purposes – petition P.126/2014

THE STATES rejected paragraph (a) of a proposition of Deputy Montfort Tadier of St. Brelade to request the Minister for Health and Social Services to issue a licence to Ms. Katie Le Texier for her to be professionally prescribed and supplied with Bedrocan BV products in accordance with the Minister's discretionary powers under the Misuse of Drugs (General Provisions) (Jersey) Order 2009.

Members present voted as follows –

POUR: 10   CONTRE: 35  ABSTAIN: 1

Deputy J.A. Martin (H)   Senator A.J.H. Maclean   Deputy L.M.C. Doublet (S) Deputy G.P. Southern (H)   Senator I.J. Gorst

Deputy of Grouville   Senator P.M. Bailhache

Deputy M. Tadier (B)   Senator A.K.F. Green

Deputy of St. John   Senator Z.A. Cameron

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

Deputy R.J. Rondel (H)   Connétable of St. Clement

Deputy S.Y. Mézec (H)   Connétable of St. Peter

Deputy R. Labey (H)   Connétable of St. Lawrence

Deputy S.M. Brée (C)   Connétable of St. Mary

  Connétable of St. Ouen

  Connétable of St. Brelade

  Connétable of St. Martin

  Connétable of St. Saviour

  Connétable of Grouville

  Connétable of St. John

  Connétable of Trinity

  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 J.M. Maçon (S)

  Deputy S.J. Pinel (C)

  Deputy of St. Martin

  Deputy R.G. Bryans (H)

  Deputy of St. Peter

  Deputy A.D. Lewis (H)

  Deputy of St. Ouen

  Deputy S.M. Wickenden (H)

  Deputy M.J. Norton (B)

  Deputy T.A. McDonald (S)

  Deputy of St. Mary

  Deputy G.J. Truscott (B)

  Deputy P.D. McLinton (S)

THE STATES rejected paragraph (b) of a proposition of Deputy Montfort Tadier of St. Brelade to request the Minister for Health and Social Services to review procedures for persons in need of treatment who had exhausted all other treatment and management options available locally and in the UK, and who were left without any further treatment while waiting for the Minister to exercise discretion to allow treatment  with  Cannabis  Sativa within the provision safeguarded by the Misuse of Drugs (Jersey) Law 1978, so that the physical and mental impact of delays could be mitigated.

Members present voted as follows –

POUR: 20   CONTRE: 26  ABSTAIN: 0

Connétable of St. John Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville

Deputy J.A. Hilton (H) Deputy J.A.N. Le Fondré (L) Deputy M. Tadier (B) Deputy of St. John

Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy R.J. Rondel (H) Deputy S.Y. Mézec (H) Deputy A.D. Lewis (H) 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 of St. Mary

Deputy G.J. Truscott (B)


 Senator A.J.H. Maclean

  Senator I.J. Gorst

  Senator P.M. Bailhache

  Senator A.K.F. Green

  Senator Z.A. Cameron

  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 St. Saviour

  Connétable of Grouville

  Connétable of Trinity

  Deputy of Trinity

  Deputy K.C. Lewis (S)

  Deputy E.J. Noel (L)

  Deputy S.J. Pinel (C)

  Deputy of St. Martin

  Deputy R.G. Bryans (H)

  Deputy of St. Peter

  Deputy of St. Ouen

  Deputy T.A. McDonald (S)   Deputy P.D. McLinton (S)

Cannabis: possession of cannabis for treatment purposes – petition P.128/2014

THE STATES rejected a proposition of Deputy Montfort Tadier of St. Brelade to request the Minister for Health and Social Services to issue a licence to Ms. Evelyn Mary Rose Volante for the possession of cannabis for the treatment and relief of her pain and other symptoms in accordance with the Minister's discretionary powers under the Misuse of Drugs (General Provisions) (Jersey) Order 2009.

Members present voted as follows –

POUR: 11   CONTRE: 32  ABSTAIN: 1

Deputy J.A. Martin (H)   Senator P.F.C. Ozouf   Deputy L.M.C. Doublet (S) Deputy G.P. Southern (H)   Senator A.J.H. Maclean

Deputy of Grouville   Senator I.J. Gorst

Deputy M. Tadier (B)   Senator P.M. Bailhache

Deputy of St. John   Senator A.K.F. Green

Deputy M.R. Higgins (H)   Senator Z.A. Cameron

Deputy J.M. Maçon (S)   Connétable of St. Helier

Deputy R.J. Rondel (H)   Connétable of St. Clement

Deputy S.Y. Mézec (H)   Connétable of St. Peter

Deputy R. Labey (H)   Connétable of St. Lawrence

Deputy S.M. Brée (C)   Connétable of St. Mary

  Connétable of St. Ouen

  Connétable of St. Martin

  Connétable of Grouville

  Connétable of St. John

  Connétable of Trinity

  Deputy J.A. Hilton (H)

  Deputy of Trinity

  Deputy K.C. Lewis (S)

  Deputy E.J. Noel (L)

  Deputy S.J. Pinel (C)

  Deputy of St. Martin

  Deputy R.G. Bryans (H)

  Deputy of St. Peter

  Deputy A.D. Lewis (H)

  Deputy of St. Ouen

  Deputy S.M. Wickenden (H)   Deputy M.J. Norton (B)

  Deputy T.A. McDonald (S)   Deputy of St. Mary

  Deputy G.J. Truscott (B)

  Deputy P.D. McLinton (S)

Arrangement of public business for future meetings

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) –

20th January 2014

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

Connétable of St. Helier .

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

Chief Minister.

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

Deputy M. Tadier of St. Brelade .

Council of Ministers' meetings: public access – comments.  P.163/2014. Lodged: 8th December 2014.  Com. Council of Ministers.

Jersey Arts Trust: re-appointment of Chairman.  P.167/2014. Lodged: 5th December 2014.

Minister for Education, Sport and Culture.

Armed Forces Covenant and Community Covenant.  P.168/2014. Lodged: 9th December 2014.

Minister for Home Affairs.

Draft Act annulling the Employment (Qualifying Period) (Jersey) Order 2014.  P.169/2014. Lodged: 9th December 2014.

Deputy G.P. Southern of St. Helier .

Jersey Financial Services Commission: appointment of Commissioner.  P.170/2014. Lodged: 9th December 2014.

Chief Minister.

Draft Financial Services Ombudsman (Case-Fee and Levy) (Jersey) Regulations 201-.  P.171/2014. Lodged: 9th December 2014.

Minister for Economic Development.

Jersey Financial Services Commission: appointment of Commissioner.  P.172/2014. Lodged: 9th December 2014.

Chief Minister.

Draft Loi (201-) (Amendement) au sujet des assemblées paroissiales.  P.173/2014. Lodged: 9th December 2014.

Comité des Connétable s.

Compliments of the season (see Official Report)

The Bailiff exchanged compliments of the season with all members, represented by Senator Philip Francis Cyril Ozouf on behalf of the Senators, the Connétable of St. Helier on behalf of the Connétable s, and Deputy Judith Ann Martin of St. Helier on behalf of the Deputies.

THE STATES rose at 5.36 p.m.

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