States Assembly | States Minutes 14th April 2015

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THE STATES assembled on Tuesday 14th April 2015, at 09.30 a.m. under the Presidency of the Deputy Bailiff , Timothy John Le Cocq , Esquire.

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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 –

Deputy G.P. Southern of St. Helier – en défaut (défaut raised at 9.36 a.m.)

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Prayers read by the Acting Dean __________________

Deputy Bailiff – welcome

The Connétable of St. Clement , on behalf of all members, welcomed the newly appointed Deputy Bailiff , Timothy John Le Cocq , Esquire, to the Assembly.

The Deputy Bailiff responded and extended his thanks to the Assembly.

Tribute to the late Mr. Reginald Robert Jeune , C.B.E., former member of the States

The Deputy Bailiff paid tribute to the late Mr. Reginald Robert Jeune , C.B.E., former Deputy of St. Helier and Senator.

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

Subordinate enactments tabled

The following enactments were tabled, namely –

Alternative Investment Funds (Amendment) (Jersey) Order 2015. R&O.40/2015. Chief Minister.

Financial Services (Amendment of Schedule 2 to Law) (No. 5) (Jersey) Order 2015. R&O.41/2015. Chief Minister.

69 Price code: B

Documents presented or laid

States of Jersey Law 2005: delegation of functions – Social Security – revised R.36/2015. delegations March 2015.

Presented: 31st March 2015.

Minister for Social Security.

Land Transactions under Standing Order 168(3) – 14/16 Burrard Street, Ground Floor R.37/2015. premises – new lease.

Presented: 1st April 2015.

Minister for Treasury and Resources.

Review of Financial Management. R.38/2015. Presented: 2nd April 2015.

Comptroller and Auditor General.

Jersey Employment and Discrimination Tribunal: Annual Report 2014. R.39/2015. Presented: 7th April 2015.

Minister for Social Security.

States of Jersey Complaints Board: findings – complaint against the Minister for R.40/2015. Economic Development regarding the enforcement of a contract to use facilities at

Bouley Bay (R.24/2015) – response of the Minister for Economic Development.

Presented: 8th April 2015.

Minister for Economic Development.

Organisations receiving grants of over £75,000: 2013 Accounts. R.41/2015. Presented: 9th April 2015.

Minister for Treasury and Resources.

Notification of lodged propositions

Draft Strategic Plan 2015 – 2018 (P.27/2015): amendment (P.27/2015 Amd.) – P.27/2015. amendment. Amd.Amd. Lodged: 8th April 2015.

Deputy S.Y. Mézec of St. Helier .

Draft Strategic Plan 2015 – 2018 (P.27/2015): second amendment. P.27/2015. Lodged: 8th April 2015. Amd.(2) Deputy G.P. Southern of St. Helier .

Draft Strategic Plan 2015 – 2018 (P.27/2015): third amendment. P.27/2015. Lodged: 13th April 2015. Amd.(3) Connétable of Grouville .

Draft Strategic Plan 2015 – 2018 (P.27/2015): fourth amendment. P.27/2015. Lodged: 14th April 2015. Amd.(4) Deputy G.P. Southern of St. Helier .

Draft Strategic Plan 2015 – 2018 (P.27/2015): fifth amendment. P.27/2015. Lodged: 14th April 2015. Amd.(5) Deputy S.Y. Mézec of St. Helier .

Draft Strategic Plan 2015 – 2018 (P.27/2015): sixth amendment. P.27/2015. Lodged: 14th April 2015. Amd.(6) Deputy M. Tadier of St. Brelade .

Draft Strategic Plan 2015 – 2018 (P.27/2015): seventh amendment. P.27/2015. Lodged: 14th April 2015. Amd.(7) Connétable of St. Helier .

Draft Strategic Plan 2015 – 2018 (P.27/2015): eighth amendment. P.27/2015. Lodged: 14th April 2015. Amd.(8) Deputy L.M.C. Doublet of St. Saviour .

Draft Strategic Plan 2015 – 2018 (P.27/2015): ninth amendment. P.27/2015. Lodged: 14th April 2015. Amd.(9) Environment, Housing and Technical Services Scrutiny Panel.

Draft Strategic Plan 2015 – 2018 (P.27/2015): tenth amendment. P.27/2015. Lodged: 14th April 2015. Amd.(10) Deputy R. Labey of St. Helier .

Draft Strategic Plan 2015 – 2018 (P.27/2015): eleventh amendment. P.27/2015. Lodged: 14th April 2015 Amd.(11) Corporate Services Scrutiny Panel.

Draft Strategic Plan 2015 – 2018 (P.27/2015): twelfth amendment. P.27/2015. Lodged: 14th April 2015. Amd.(12) Corporate Services Scrutiny Panel.

Draft Strategic Plan 2015 – 2018 (P.27/2015): thirteenth amendment. P.27/2015. Lodged: 14th April 2015. Amd.(13) Corporate Services Scrutiny Panel.

Draft Strategic Plan 2015 – 2018 (P.27/2015): fourteenth amendment. P.27/2015. Lodged: 14th April 2015. Amd.(14) Deputy M. Tadier of St. Brelade .

Jersey Appointments Commission: appointment of Commissioners. P.33/2015. Lodged: 30th March 2015.

Chief Minister.

Draft Social Security (Reciprocal Agreement with Chile) (Jersey) Act 201-. P.34/2015 Lodged: 31st March 2015. (re-issue). Minister for External Relations.

Bus Fares 2015: review. P.35/2015. Lodged: 1st April 2015.

Deputy G.P. Southern of St. Helier .

Draft Restriction on Smoking (Motor Vehicles) (Jersey) Regulations 201-. P.36/2015. Lodged: 1st April 2015.

Minister for Health and Social Services.

Commissioners of Appeal for Taxes Office: re-appointment. P.37/2015. Lodged: 2nd April 2015.

Minister for Treasury and Resources.

Draft Aircraft Registration and Air Navigation (Miscellaneous Provisions) (Jersey) P.38/2015. Law 201-.

Lodged: 8th April 2015.

Minister for Economic Development.

Written Questions

(see Official Report/Hansard)

The Minister for Planning and Environment tabled an answer to a question asked by the Connétable of St. Peter regarding motor homes.

The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding document retention policies.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the employment of social workers.

H.M. Acting Attorney General tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the Police Procedures and Criminal Evidence (Jersey) Law 2003.

H.M. Acting Attorney General tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the procedures for prosecutions in the Magistrate's Court.

H.M. Acting Attorney General tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding court reports.

The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding e-government.

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

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

The Minister for Education, Sport and Culture tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding funding for students in higher education.

The Minister for Housing tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding tenancy agreements.

The Minister for Education, Sport and Culture tabled an answer to a question asked by Deputy L.M.C. Doublet of St. Saviour regarding the recruitment and retention of teaching staff.

Oral Questions

(see Official Report/Hansard)

The Connétable of Grouville asked a question of the Minister for Planning and Environment regarding redundant glasshouses.

Deputy G.P. Southern of St. Helier asked a question of the Minister for Treasury and Resources regarding the estimated shortfall in tax revenues for 2015.

Deputy M.R. Higgins of St. Helier asked a question of the Minister for Home Affairs regarding the initiation of prosecution proceedings against drivers.

Deputy M. Tadier of St. Brelade asked a question of the Minister for Planning and Environment regarding the levels of nitrates in Jersey mains drinking water.

The Connétable of St. Mary asked a question of the Minister for Transport and Technical Services regarding the cost of motoring.

Deputy L.M.C. Doublet of St. Saviour asked a question of the Minister for Education, Sport and Culture regarding the Personal, Social and Health Education curriculum.

Deputy S.Y. Mézec of St. Helier asked a question of the Minister for Treasury and Resources regarding telecoms line rental.

Deputy A.D. Lewis of St. Helier asked a question of the Chief Minister regarding policies of transfer of terms and conditions for staff redeployed to Visit Jersey.

Deputy S.Y. Mézec of St. Helier asked a question of the Chief Minister regarding the use of Government of Jersey' branding.

Deputy L.M.C. Doublet of St. Saviour asked a question of the Minister for Home Affairs regarding funding for the Jersey Community Relations Trust.

Deputy M. Tadier of St. Brelade asked a question of H.M. Acting Attorney General regarding transcripts of court hearings.

Deputy M.R. Higgins of St. Helier asked a question of the Chief Minister regarding the submission of the former Deputy Chief Officer of the States of Jersey Police to the Independent Jersey Care Inquiry.

Deputy G.P. Southern of St. Helier asked a question of the Assistant Chief Minister regarding the potential impact of the abolition of non-domicile status in the U.K. on Jersey's economy.

Oral Questions without notice (see Official Report/Hansard)

The Minister for Treasury and Resources answered questions without notice from members.

The Minister for Education, Sport and Culture answered questions without notice from members.

Criminal Injuries Compensation Scheme: revised Scheme P.13/2015

THE STATES, adopting a proposition of the Minister for Home Affairs, referred to their Act dated 2nd May 2012 in which they approved a revised Criminal Injuries Compensation Scheme, and agreed the following amendments to that Scheme –

in paragraph 25(a) after the words "For this purpose," there should be inserted the words "subject to Article 28,"; and the words "in accordance with the other provisions of the Scheme" should be deleted;
in paragraph 25(a) after the words "immediately preceding the date of death" there should be added the words "such compensation being payable to the extent and on the conditions set out in respect of damages under the Fatal Accidents (Jersey) Law 1962;";
in paragraph 28, after sub-paragraph (b) there should be inserted the following subparagraph: "(c) income support payable under the Income Support (Jersey) Law 2007;"; and the remaining sub-paragraph should be renumbered as "(d)".

Draft Shipping (Fishing Vessels Safety Codes of Practice) (Jersey) Regulations 201- P.19/2015

THE STATES commenced consideration of the Draft Shipping (Fishing Vessels Safety Codes of Practice) (Jersey) Regulations 201- and adopted the principles.

Members present voted as follows –

POUR: 43 CONTRE: 1 ABSTAIN: 0 Senator P.F. Routier Connétable of St. John

Senator P.F.C. Ozouf

Senator A.J.H. Maclean

Senator I.J. Gorst

Senator L.J. Farnham

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 J.A. Martin (H)

Deputy G.P. Southern (H)

Deputy of Grouville

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 of St. Peter

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. Bree (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 to 6.

THE STATES, in pursuance of Articles 49 and 196 of the Shipping (Jersey) Law 2002, made Regulations entitled the Shipping (Fishing Vessels Safety Codes of Practice) (Jersey) Regulations 2015.

Draft Crown Advocates (Amendment) (Jersey) Law 201- P.25/2015

THE STATES commenced consideration of the Draft Crown Advocates (Amendment) (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 Crown Advocates (Amendment) (Jersey) Law 201-.

Members present voted as follows –

POUR: 47 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator I.J. Gorst

Senator L.J. Farnham 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 St. John Connétable of Trinity 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 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 of St. Ouen

Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy S.M. Bree (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)

Changes in Presidency

The Deputy Bailiff retired as Presiding Officer prior to the consideration of the proposition entitled Ratification of the Agreement between the Government of the United States of America and the Government of Jersey regarding the sharing of confiscated or forfeited assets or their equivalent funds' (P.26/2015) and the meeting continued under the Presidency of Mrs. Lisa-Marie Hart , Deputy Greffier of the States.

Ratification of the Agreement between the Government of the United States of America and the Government of Jersey regarding the sharing of confiscated or forfeited assets or their equivalent funds P.26/2015

THE STATES adopted a proposition of the Chief Minister and agreed to ratify the Agreement between the Government of the United States of America and the Government of Jersey regarding the sharing of confiscated or forfeited assets or their equivalent funds, signed on 28th January 2015, as set out in Section 4 of the report which accompanied the proposition.

Changes in Presidency

The Deputy Greffier of the States retired as Presiding Officer prior to the consideration of the arrangement of public business for future meetings, and the meeting continued under the Presidency of the Deputy Bailiff .

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) –

28th April 2015

Draft Strategic Plan 2015 – 2018. P.27/2015. Lodged: 6th March 2015.

Council of Ministers.

Draft Strategic Plan 2015 – 2018 (P.27/2015): amendment. P.27/2015. Lodged: 19th March 2015. Amd. Deputy S.Y. Mézec of St. Helier .