States Minutes 14th December 2015

THE STATES assembled on Monday 14th December 2015, at 2.30 p.m. under the Presidency of the Bailiff ,

William James Bailhache , Esquire.

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

Connétable Alan Simon Crowcroft of St. Helier – en défaut (défaut raised at 2.38 p.m.)

Connétable  Deidre  Wendy   Mezbourian  of   St. Lawrence –  excused  attendance  (arrived  in  the Chamber at 3.38 p.m.)

Connétable Stephen William Pallett of St. Brelade – excused attendance

Connétable Sadie Anthea Le Sueur -Rennard of St. Saviour – en défaut

Deputy Judith Ann Martin of St. Helier – en défaut

Deputy Montfort Tadier of St. Brelade – excused attendance (arrived in the Chamber at 4.17 p.m.) Deputy Richard John Rondel of St. Helier – ill

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Prayers

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Greffier of the States designate – welcome

The Bailiff , on behalf of all members, welcomed Dr. Mark Egan, the Greffier of the States designate, who was present in the Chamber.

Subordinate enactments tabled

The following enactments were tabled, namely –

EU Legislation (Sanctions – Belarus) (Amendment) (Jersey) Order 2015.  R&O.153/2015. Minister for External Relations.

Documents presented or laid

Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers)  P.46/2015. (Jersey) Regulations 201- (P.46/2015): comments.  Com. Presented: 4th December 2015.

Corporate Services Scrutiny Panel.

Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers)  P.46/2015. (Jersey) Regulations 201- (P.46/2015): comments.  Com.(2) Presented: 4th December 2015.

Corporate Services Scrutiny Panel.

Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers)  P.46/2015. (Jersey) Regulations 201- (P.46/2015): comments.  Com.(3) Presented: 4th December 2015.

Economic Affairs Scrutiny Panel.

361   Price code: B

Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers)  P.46/2015. (Jersey) Regulations 201- (P.46/2015): second amendment (P.46/2015 Amd.(2)) –  Amd.(2) comments.  Com. Presented: 14th December 2015.

Council of Ministers.

Draft Budget Statement 2016 (P.127/2015): amendment (P.127/2015 Amd.) –  P.127/2015. comments.  Amd.Com. Presented: 14th December 2015.

Council of Ministers.

Draft Budget Statement 2016 (P.127/2015): second amendment  P.127/2015. (P.127/2015 Amd.(2)) – comments.  Amd.(2) Presented: 14th December 2015.  Com. Council of Ministers.

Draft Budget Statement 2016 (P.127/2015): third amendment (P.127/2015 Amd.(3)) –  P.127/2015. comments.  Amd.(3) Presented: 14th December 2015.  Com. Council of Ministers.

Draft Budget Statement 2016 (P.127/2015): fourth amendment  P.127/2015. (P.127/2015 Amd.(4)) – comments.  Amd.(4) Presented: 14th December 2015.  Com. Council of Ministers.

Draft Budget Statement 2016 (P.127/2015): fifth amendment (P.127/2015 Amd.(5)) –  P.127/2015. comments.  Amd.(5) Presented: 14th December 2015.  Com. Council of Ministers.

Concessionary bus fares for the disabled: discussions with LibertyBus (P.140/2015) –  P.140/2015. comments.  Com. Presented: 14th December 2015.

Council of Ministers.

Christmas bonus: introduction of means-tested bonus (P.141/2015) – comments.  P.141/2015. Presented: 14th December 2015.  Com. Council of Ministers.

Records Advisory Panel: appointment of Chairman and members.  R.128/2015. Presented: 9th December 2015.

Minister for Education, Sport and Culture.

Land Transactions under Standing Order 168(3) – A11, La Vallée de St. Pierre,  R.129/2015. St. Peter and St. Lawrence – proposed 2-mile pedestrian and cycle path from Moulin

de Tesson to Le Dimerie –

1. Land Parcel No. 10 – proposed lease;
2. Land Parcel No. 11 – proposed lease;
3. Land Parcel No. 13 – proposed purchase;
4. Land Parcel No. 14 – proposed purchase;
5. Land Parcel No. 15 – proposed purchase;
6. Land Parcel No. 19 – proposed purchase.

Presented: 10th December 2015.

Minister for Treasury and Resources.

STATES MINUTES

States of Jersey Law 2005: delegation of functions – Treasury and Resources – ministerial shareholder functions.

Presented: 10th December 2015.

Minister for Treasury and Resources.

14th December 2015

R.130/2015.

Review of Community and Social Services.  R.131/2015. Presented: 10th December 2015.

Comptroller and Auditor General.

States of Jersey Law 2005: delegation of functions – Chief Minister's Department –  R.132/2015. non-contentious budget transfers.

Presented: 14th December 2015.

Chief Minister.

Public Sector Pension Reform 2015 (Phase 2) (S.R.8/2015): response of the Minister  S.R.8/2015. for Treasury and Resources.  Res. Presented: 9th December 2015.

Minister for Treasury and Resources.

Draft Budget 2016.  S.R.10/2015. Presented: 11th December 2015.

Corporate Services Scrutiny Panel.

Notification of lodged propositions

Data Protection Commissioner and vice-Data Protection Commissioner: renewal of  P.151/2015. appointments.

Lodged: 7th December 2015.

Chief Minister.

Draft Road Works and Events (Jersey) Law 201-.  P.152/2015. Lodged: 8th December 2015.

Minister for Transport and Technical Services.

Draft Debt Remission (Individuals) (Jersey) Law 201-.  P.153/2015. Lodged: 9th December 2015.

Chief Minister.

Gas Tariffs: reduction.  P.154/2015. Lodged: 14th December 2015.

Deputy G.P. Southern of St. Helier .

Appointment

The  Chairman  of the Environment, Housing and Technical Services Scrutiny Panel nominated the Deputy of St. John as a member of the Panel.

There being no further nominations, the Bailiff declared that the Deputy of St. John had been duly elected as a member of the Environment, Housing and Technical Services Scrutiny Panel.

Written Questions

(see Official Report/Hansard)

1. The Minister for Health and Social Services tabled an answer to a question asked by Senator Z.A. Cameron regarding the regulatory framework for professional standards for doctors and nurses.
2. The Minister for Home Affairs tabled an answer to a question asked by the Deputy of St. John regarding corporate controls and processes.
3. The Chief Minister tabled an answer to a question asked by Deputy S.M. Wickenden of St. Helier regarding the annual running cost of the Jersey Appointments Commission.
4. The Chief Minister tabled an answer to a question asked by Deputy S.M. Wickenden of St. Helier regarding the number of staff in each civil service grade within the Information Services Department.
5. The Minister for Social Security tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding the impact on pension income of changes to the Income Support disregard.
6. H.M. Attorney General tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding the law governing the crime of inciting racial hatred.
7. The Minister for Home Affairs tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding searches conducted in relation to the import of illegal drugs.
8. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding low levels of spending as a proportion of Gross Domestic Product on education and health services.
9. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the dispute between the States Employment Board and representatives of public sector employees over pay and conditions.
10. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding grant reductions to the Jersey Employment Trust.
11. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the income inequality gap.
12. The Minister for Housing tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding targets for the provision of additional units of accommodation in the social rental and subsidised purchase sectors.
13. The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the Sharp Report.
14. The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding increased income resulting from charges and fees.
15. The Minister for Home Affairs tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding Operation Rectangle.

16. The Minister for Home Affairs tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the case of Boschat v. Chief of States of Jersey Police.
17. The Chairman of the Comité des Connétable s tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding payments made to honorary police officers.

Oral Questions

(see Official Report/Hansard)

1. Deputy G.P. Southern of St. Helier asked a question of the Minister for Health and Social Services regarding the  cost of providing alternative care in the independent sector for the residents of The Limes.
2. Deputy J.A. Hilton of St. Helier asked a question of the Minister for Home Affairs regarding investigations into the circumstances of the death of a young man in Trinity in July 2015.
3. Deputy M.R. Higgins of St. Helier asked a question of the Minister for Home Affairs regarding inspections of the States of Jersey Police by Her Majesty's Inspectorate of Constabulary.
4. Deputy S.Y. Mézec of St. Helier asked a question of the Minister for Social Security regarding the effect of the phasing out of the lone-parent component of Income Support.
5. Deputy G.P. Southern of St. Helier asked a question of the Minister for Transport and Technical Services regarding proposals to outsource sectors of Transport and Technical Services' work.
6. Deputy J.A. Hilton of St. Helier asked a question of the Minister for Health and Social Services regarding the reasons behind the recent decision to close The Limes in 2016.
7. Deputy M.R. Higgins of St. Helier asked a question of the Assistant Chief Minister regarding expenditure  by the  Data  Protection Commissioner's  Office  on court proceedings involving former Senator Stuart Syvret.
8. Deputy S.Y. Mézec of St. Helier asked a question of the Chief Minister regarding reductions in grants to third sector providers.

Oral Questions without notice (see Official Report/Hansard)

The Minister for Health and Social Services answered questions without notice from members. The Minister for Economic Development answered questions without notice from members.

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

The Assistant Chief Minister made a statement regarding the Fuel Market Review.

Arrangement of public business for the present meeting

THE STATES, adopting a proposition of the Chief Minister agreed, in accordance with Standing Order 26(7), to reduce the minimum lodging period in respect of the proposition entitled Data Protection Commissioner and Vice-Data Protection Commissioner: renewal of appointments' (P.151/2015), to enable the matter to be debated at the present meeting.

Data Protection Commissioner and Vice-Data Protection Commissioner: renewal of appointments P.151/2015

THE STATES, adopting a proposition of the Chief Minister, agreed to renew the appointment of Mrs. Emma Martins as Data Protection Commissioner for Jersey, and to appoint Mr. Paul Vane as Vice- Data Protection Commissioner, in accordance with the requirements of the Data Protection (Jersey) Law 2005, on the terms set out in the Report of the Chief Minister.

Members present voted as follows –

POUR: 39 CONTRE: 3 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 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. 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 R.G. Bryans (H) Deputy of St. Peter

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

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

Deputy M.R. Higgins (H)

Deputy S.Y. Mézec (H)

Deputy T.A. McDonald (S)

Deputy S.M. Wickenden (H) Deputy S.M. Brée (C) Deputy M.J. Norton (B) Deputy of St. Mary

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

Draft Currency Notes (Variation of Maximum Amount of Issue) (Jersey) Regulations 201- P.146/2015

THE STATES commenced consideration of the Draft Current Notes (Variation of Maximum Amount of Issue) (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 3.

THE STATES, in pursuance of Article 1(2) of the Currency Notes (Jersey) Law 1959, made Regulations entitled the Currency Notes (Variation of Maximum Amount of Issue) (Jersey) Regulations 2015.

Adjournment

THE STATES adjourned, having agreed to reconvene on Tuesday 15th December 2015 to consider the outstanding items of public business.

THE STATES rose at 4.25 p.m.

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