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THE STATES assembled on Wednesday 16th December 2015, at 09.30 a.m. under the Presidency of the Bailiff ,
William James Bailhache , Esquire.
__________________
All members were present at roll call with the exception of –
Senator Sir Philip Martin Bailhache – ill (arrived in the Chamber at 2.35 p.m.)
Senator Zoe Ann Cameron – ill
Deputy Judith Ann Martin of St. Helier – en défaut
Deputy Montfort Tadier of St. Brelade – excused attendance (arrived in the Chamber at 2.57 p.m.) Deputy Jeremy Martin Maçon of St. Saviour – en défaut (défaut raised at 9.44 a.m.)
Deputy Richard John Rondel of St. Helier – ill
__________________
Prayers read by the Greffier of the States __________________
Documents presented or laid
Kerbside Recycling: feasibility study (P.121/2014) – report of the Minister for R.137/2015. Transport and Technical Services.
Presented: 16th December 2015.
Minister for Transport and Technical Services.
Draft Social Security (Amendment of Law No. 10) (Jersey) Regulations 201- P.136/2015
THE STATES, having resumed consideration of the Draft Social Security (Amendment of Law No. 10) (Jersey) Regulations 201-, 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 Articles 50 and 51 of the Social Security (Jersey) Law 1974, made Regulations entitled the Social Security (Amendment of Law No. 10) (Jersey) Regulations 2015.
Members present voted as follows –
POUR: 42 CONTRE: 0 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. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Ouen Connétable of St. Brelade
(Re-issue) 383 Price code: B
STATES MINUTES 16th December 2015
Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of St. John Connétable of Trinity 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 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 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)
Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) (Jersey) Regulations 201- P.46/2015
THE STATES resumed consideration of the Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) (Jersey) Regulations 201-, and, having noted that the principles had been adopted on 20th October 2015, adopted Regulations 1 to 5.
THE STATES commenced consideration of Regulation 6 and rejected an amendment of the Corporate Services Scrutiny Panel (P.46/2015 Amd.(2)) that for paragraph (2) there should be substituted –
"(2) However, the functions of the Minister for Treasury and Resources in standing order 168 of the
Standing Orders of the States of Jersey are not transferred.".
Members present voted as follows –
POUR: 19 CONTRE: 23 ABSTAIN: 0
Connétable of St. Ouen Connétable of St. Saviour Connétable of Grouville Connétable of St. John Deputy G.P. Southern (H)
(Re-issue)
Senator P.F. Routier
Senator P.F.C. Ozouf
Senator A.J.H. Maclean Senator I.J. Gorst
Senator L.J. Farnham
384
Deputy of Grouville
Deputy J.A. Hilton (H) Deputy J.A.N. Le Fondré (L) Deputy K.C. Lewis (S) Deputy of St. John
Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.Y. Mézec (H) Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Bree (C) Deputy T.A. McDonald (S) Deputy of St. Mary
Deputy G.J. Truscott (B)
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. Brelade
Connétable of St. Martin
Connétable of Trinity
Deputy of Trinity
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 M.J. Norton (B)
Deputy P.D. McLinton (S)
THE STATES adopted Regulation 6. THE STATES adopted Regulations 7 to 9.
THE STATES, adopting an amendment of the Chief Minister to Regulation 10 (P.46/2015 Amd.), agreed that for the words "the day following the day on which they are made" there should be substituted the words "1st January 2016".
THE STATES adopted Regulation 10, as amended, and Schedules 1 to 4.
THE STATES, in pursuance of Article 29(2) and (3) of the States of Jersey Law 2005, made Regulations entitled the States of Jersey (Transfer of Functions No. 8) (Jersey) Regulations 2015.
Christmas Bonus: Introduction of means-tested bonus P.141/2015
THE STATES commenced consideration of a proposition of Deputy Geoffrey Peter Southern of St. Helier to refer to their Act dated 8th October 2015 in which they approved the Christmas Bonus (Repeal) (Jersey) Law 201- and thereby agreed that, subject to the sanction of Her Most Excellency Majesty in Council, the Christmas bonus payable to all Jersey pensioners should be abolished from Christmas 2016; and rejected paragraphs (a) and (c) –
(a) to agree that a new means-tested Christmas bonus should be introduced from December 2016 for all pensioners resident in Jersey who are not liable to pay Jersey income tax; and
(c) to request the Minister for Social Security to bring forward for approval the necessary legislation to give effect to the proposal.
Members present voted as follows –
POUR: 22 CONTRE: 23 ABSTAIN: 0
Connétable of St. Helier Senator P.F. Routier Connétable of St. Saviour Senator P.F.C. Ozouf Connétable of St. John Senator A.J.H. Maclean
Deputy G.P. Southern (H) Deputy of Grouville
Deputy J.A. Hilton (H) Deputy J.A.N. Le Fondré (L) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy of St. John
Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) 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 T.A. McDonald (S) Deputy of St. Mary
Deputy P.D. McLinton (S)
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 Trinity
Deputy of Trinity
Deputy S.J. Pinel (C)
Deputy of St. Martin
Deputy R.G. Bryans (H)
Deputy of St. Peter
Deputy M.J. Norton (B)
Deputy G.J. Truscott (B)
Following the rejection of paragraphs (a) and (c), the Presiding Officer informed the Assembly that paragraph (b) of the proposition was deemed to have been withdrawn.
Changes in presidency
The Bailiff retired from the Chair during consideration of the proposition of Deputy Geoffrey Peter Southern of St. Helier concerning the introduction of a means-tested bonus (P.141/2015, lodged "au Greffe" on 11th November 2015) and the meeting continued under the presidency of Mr. Michael Nelson de la Haye, O.B.E., Greffier of the States.
THE STATES re-assembled after the lunch adjournment under the Presidency of the Bailiff .
Public Employees Contributory Retirement Scheme Committee of Management: membership P.148/2015
THE STATES, adopting a proposition of the Chief Minister, approved, in accordance with Regulation 3(2) of the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989, the appointment of the Committee of Management, for a period of 3 years commencing 1st January 2016, as follows –
Employer Representatives
Mr. Scot Laing
Mr. Stuart Lusby
Mr. Terence Augustine Le Sueur , O.B.E. Mr. John Frederick Mills, C.B.E.
Mr. Steven Warner
Employee Representatives Mr. Gary Birbeck
Mr. John Fosse
Mr. Mark Johnson
Mr. Thomas Querns
Mr. Mark Richardson
Ms. Barbara Ward .
Arrangement of public business for future meetings
THE STATES acceded to a request from Deputy Michael Roderick Higgins of St. Helier that the proposition Transcripts of in camera' debates: release to the Jersey Independent Care Inquiry' (P.155/2015, lodged "au Greffe" on 15th December 2015) be taken as the first item of business at the next meeting on 19th January 2016.
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) –
19th January 2016
Transcripts of in camera' debates: release to the Jersey Independent Care Inquiry. P.155/2015. Lodged: 15th December 2015.
Deputy M.R. Higgins of St. Helier .
Draft EU Legislation (Consumer Protection – Unfair Practices) (Jersey) Regulations P.134/2015. 201-.
Minister for Economic Development.
Draft Policing of Roads (Amendment No. 9) (Jersey) Regulations 201-. P.138/2015. Lodged: 5th November 2015.
Minister for Transport and Technical Services.
La Collette Low Rise Development: direction to Andium Homes Ltd. P.139/2015. Lodged: 9th November 2015.
Deputy R. Labey of St. Helier .
Concessionary bus fares for the disabled: discussions with LibertyBus. P.140/2015. Lodged: 10th November 2015.
Deputy M. Tadier of St. Brelade .
Concessionary bus fares for the disabled: discussions with LibertyBus (P.140/2015) – P.140/2015. comments. Com. Presented: 14th December 2015.
Council of Ministers.
Draft Planning and Building (Amendment No. 7) (Jersey) Law 201-. P.142/2015. Lodged: 17th November 2015.
Minister for Planning and Environment.
Jersey Law Commission: appointment of Commissioners. P.149/2015. Lodged: 24th November 2015.
Minimum Wage: revised hourly rate from 1st April 2016. P.150/2015. Lodged: 26th November 2015.
Deputy S.Y. Mézec of St. Helier .
Draft Road Works and Events (Jersey) Law 201-. P.152/2015. Lodged: 8th December 2015.
Minister for Transport and Technical Services.
Gas Tariffs: reduction. P.154/2015. Lodged: 14th December 2015.
Deputy G.P. Southern of St. Helier .
2nd February 2015
Draft Debt Remission (Individuals) (Jersey) Law 201-. P.153/2015. Lodged: 9th December 2015.
Chief Minister.
Draft Commissioner for Standards (Jersey) Law 201-. P.120/2015. Lodged: 15th October 2015.
Privileges and Procedures Committee.
Draft Children's Property and Tuteurs (Jersey) Law 201-. P.156/2015. Lodged: 15th December 2015.
Chief Minister.
Draft Dogs (Amendment No. 4) (Jersey) Law 201-. P.157/2015. Lodged: 15th December 2015.
Chief Minister.
Greffier of the States – Mr. Michael Nelson de la Haye, O.B.E.
The Chairman of the Privileges and Procedures Committee referred to the impending departure from office of the Greffier of the States, Mr. Michael Nelson de la Haye, O.B.E., and thanked him on behalf of the States for his exemplary services to the Assembly.
Compliments of the season (see Official Report)
The Bailiff exchanged compliments of the season with all members, represented by Senator Paul Francis Routier, M.B.E. on behalf of the Senators, the Connétable of St. Helier on behalf of the Connétable s, and Deputy Geoffrey Peter Southern of St. Helier on behalf of the Deputies.
THE STATES rose at 4.14 p.m.
M.N. DE LA HAYE, O.B.E. Greffier of the States
____________________________________________________________________________________ Re-issue Note
These States Minutes are re-issued because P.140/2015 and the associated Comments were inadvertently omitted from the "Arrangement of public business for future meetings" for 19th January 2016 (see page 387). The date at the end of the first paragraph under that heading has also been corrected from "19th January 2015" to "19th January 2016".