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States Minutes 20th January 2015

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THE STATES assembled on Tuesday 20th January 2015, at 09.30 a.m. under the Presidency of the Bailiff ,

Sir Michael Birt.

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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 –

Connétable Stephen William Pallett of St. Brelade – en défaut (défaut raised at 9.36 a.m.) Connétable Sadie Anthea Le Sueur -Rennard of St. Saviour – excused (arrived in the Chamber at 10.33 a.m.) Deputy John Alexander Nicholas Le Fondré of St. Lawrence – absent on States business

 __________________

Prayers

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Subordinate enactments tabled

The following enactments were tabled, namely –

Road Racing (Karts) (No. 2) (Jersey) Order 2014.  R&O.198/2014. Minister for Transport and Technical Services.

Sand Racing (No. 2) (Jersey) Order 2014.  R&O.199/2014. Minister for Transport and Technical Services.

Road Racing (Hill Climbs and Sprints) (No. 2) (Jersey) Order 2014.  R&O.200/2014. Minister for Transport and Technical Services.

EU  Legislation  (Sanctions –  Democratic  Republic  of  the  Congo)  (Jersey)  Order  R&O.205/2014. 2014.

Minister for External Relations.

EU Legislation (Sanctions – Central African Republic) (Jersey) Order 2014.  R&O.206/2014. Minister for External Relations.

EU Legislation (Sanctions – Russia) (Jersey) Order 2014.  R&O.207/2014. Minister for External Relations.

Income Tax (Jersey Occupational Pension Schemes) (Jersey) Order 2014.  R&O.208/2014. Minister for Treasury and Resources.

EU Legislation (Sanctions – Syria) (Amendment) (Jersey) Order 2014.  R&O.209/2014. Minister for External Relations.

1   Price code: B

Taxation (Implementation) (Miscellaneous Provisions) (Jersey) Order 2014.  R&O.210/2014. Minister for External Relations.

Transport  and  Technical  Services  (Driver  and  Vehicle  Standards –  2015  Fees)  R&O.211/2014. (Jersey) Order 2014.

Minister for Transport and Technical Services.

Social Security (Long-Term Care Contributions) (Jersey) Order 2014.  R&O.212/2014. Minister for Social Security.

Social Security (Miscellaneous Provisions No. 4) (Jersey) Order 2014.  R&O.213/2014. Minister for Social Security.

Health and Social Services (2015 Fees) (Jersey) Order 2014.  R&O.214/2014. Minister for Health and Social Services.

Plant Health (Field Inspections – Fees) (Jersey) Order 2014.  R&O.215/2014. Minister for Planning and Environment.

EU Legislation (Sanctions – Ukraine) (Amendment) (Jersey) Order 2014.  R&O.216/2014. Minister for External Relations.

EU Legislation (Sanctions – Yemen) (Jersey) Order 2014.  R&O.217/2014. Minister for External Relations.

Money Laundering and Weapons Development (Directions) (Iran) (Jersey) Order  R&O.1/2015. 2015.

Minister for External Relations.

EU Legislation (Sanctions – Sudan) (Jersey) Order 2015.  R&O.2/2015. Chief Minister, for and on behalf of the Minister for External Relations.

EU Legislation (Sanctions – South Sudan) (Jersey) Order 2015.  R&O.3/2015. Chief Minister, for and on behalf of the Minister for External Relations.

Proceeds of Crime (Supervisory Bodies) (Amendment of Law) (Jersey) Order 2015.  R&O.4/2015. Chief Minister.

Terrorism (Proscribed Organizations) (Amendment No. 8) (Jersey) Order 2015.  R&O.5/2015. Minister for Home Affairs.

Fire and Rescue Service (Charges) (Amendment No. 2) (Jersey) Order 2015.  R&O.6/2015. Minister for Home Affairs.

Fire Precautions (Fees) (Amendment No. 3) (Jersey) Order 2015.  R&O.7/2015. Minister for Home Affairs.

Petroleum (Licensing) (Fees) (Amendment) (Jersey) Order 2015.  R&O.8/2015. Minister for Home Affairs.

Documents presented or laid

Gas Place: petition (P.156/2014) – comments.  P.156/2014. Presented: 19th January 2015.  Com. Minister for Planning and Environment.

Gas Place: petition (P.156/2014) – comments.  P.156/2014. Presented: 19th January 2015.  Com.(2) Minister for Treasury and Resources.

Draft Act annulling the Employment (Qualifying Period) (Jersey) Order 2014  P.169/2014. (P.169/2014): comments.  Com. Presented: 16th January 2015.

Council of Ministers.

Minimum Wage: revised hourly rate from 1st April 2015 (P.175/2014) – comments.  P.175/2014. Presented: 19th January 2015.  Com. Minister for Social Security.

JT Group Limited: meeting concerning Gigabit project (P.181/2014) – comments.  P.181/2014. Presented: 19th January 2015.  Com. Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) –  R.176/2014.

  1. Jersey Astronomy Club, The Astronomy Cabin, Les Creux Country Park,

La Route Orange, St. Brelade – lease;

  1. St. Brelade Bowls Club, Les Quennevais Sports Complex, Les Quennevais,

St. Brelade – lease.

Presented: 11th December 2014.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – V24, Victoria Café, Victoria Pier,  R.177/2014. St. Helier – lease of Portacabin Site.

Presented: 15th December 2014.

Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – Health and Social Services –  R.178/2014. further revised delegations December 2014.

Presented: 17th December 2014.

Minister for Health and Social Services.

Finance Law Delegation Report for the 6 month period ended 30th June 2014.  R.179/2014. Presented: 17th December 2014.

Minister for Treasury and Resources.

States of Jersey Financial Reporting Manual (December 2014).  R.180/2014. Presented: 18th December 2014.

Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – Economic Development –  R.181/2014. revised delegations December 2014.

Presented: 19th December 2014.

Minister for Economic Development.

States of Jersey Law 2005: delegation of functions – Housing Department – revised  R.182/2014. delegations December 2014.

Presented: 19th December 2014.

Minister for Housing.

States of Jersey Law 2005: delegation of functions – Home Affairs – revised  R.183/2014. delegations December 2014.

Presented: 19th December 2014.

Minister for Home Affairs.

Jersey Community Relations Trust: appointment of trustee.  R.184/2014. Presented: 19th December 2014.

Minister for Home Affairs.

States of Jersey Law 2005: delegation of functions – Home Affairs – Assistant  R.185/2014. Minister.

Presented: 22nd December 2014.

Minister for Home Affairs.

Land Transactions under Standing Order 168(3) – Disposal of Former JCG Site to  R.186/2014. States of Jersey Development Company.

Presented: 23rd December 2014.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) –  R.1/2015.

  1. Thorp House Warehouse, Rouge Bouillon, St. Helier – new lease;
  2. N13, Maritime Museum, New North Quay, St. Helier – lease;
  3. SC05, Les Viviers de St. Catherine, Verclut Point, La Route de St. Catherine,

St. Martin – lease;

  1. Old Blacksmith's Forge, Field 427, St. Brelade – sale.

Presented: 8th January 2015.

Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – Economic Development –  R.2/2015. Financial Authorities for Jersey Harbours and Jersey Airport.

Presented: 14th January 2015.

Minister for Economic Development.

States of Jersey Law 2005: delegation of functions – Economic Development –  R.3/2015. Maritime administration – revised delegations January 2015.

Presented: 14th January 2015.

Minister for Economic Development.

Policing Plan 2015.  R.4/2015. Presented: 19th January 2015.

Minister for Home Affairs.

The States as Shareholder: Jersey Telecom (R.109/2014) – response of the Minister  R.5/2015. for Treasury and Resources.

Presented: 20th January 2015.

Minister for Treasury and Resources.

Review of the Interim Population Policy (S.R.2/2014): response of the Council of  S.R.2/2014. Ministers.  Res. Presented: 16th December 2014.

Council of Ministers.

Notification of lodged propositions

Draft Public Elections (Amendment No. 5) (Jersey) Regulations 201-.  P.174/2014. Lodged: 11th December 2014.

Comité des Connétable s.

Minimum Wage: revised hourly rate from 1st April 2015.  P.175/2014. Lodged: 15th December 2014.

Deputy G.P. Southern of St. Helier .

Jersey Consumer Council: appointment of Chairman.  P.176/2014. Lodged: 15th December 2014.

Minister for Economic Development.

H.M.S. Iron Duke: authority to march with Colours flying, drums beating and  P.177/2014. bayonets fixed' in Jersey.

Lodged: 22nd December 2014.

Minister for Home Affairs.

Ratification of the Agreement on the exchange of information relating to tax matters  P.178/2014. between the Government of Jersey and the Government of Romania.

Lodged: 22nd December 2014.

Minister for External Relations.

Draft Taxation (Exchange of Information with Third Countries) (Amendment No. 12)  P.179/2014. (Jersey) Regulations 201-.

Lodged: 22nd December 2014.

Minister for External Relations.

States of Jersey Complaints Panel: appointment of members.  P.180/2014. Lodged: 23rd December 2014.

Privileges and Procedures Committee.

JT Group Limited: meeting concerning Gigabit project.  P.181/2014. Lodged: 24th December 2014.

Deputy G.P. Southern of St. Helier .

Draft Amendment (No. 27) of the Standing Orders of the States of Jersey.  P.1/2015. Lodged: 13th January 2015.

Minister for Planning and Environment.

Draft Planning and Building (Amendment of Law) (Jersey) Regulations 201-.  P.2/2015. Lodged: 13th January 2015.

Minister for Planning and Environment.

Planning Appeals: fees.  P.3/2015. Lodged: 13th January 2015.

Minister for Planning and Environment.

Draft Loi (1914) sur la Voirie (Amendment) (Jersey) Regulations 201-.  P.4/2015. Lodged: 14th January 2015.

Comité des Connétable s.

Draft Air and Sea Ports (Incorporation) (Jersey) Law 201-.  P.5/2015. Lodged: 15th January 2015.

Council of Ministers.

Draft Proceeds of Crime (Financial Intelligence) (Jersey) Regulations 201-.  P.6/2015. Lodged: 16th January 2015.

Chief Minister.

Draft Planning and Building (Amendment No. 6) (Jersey) Law 2014 (Appointed Day)  P.7/2015. Act 201-.

Lodged: 16th January 2015.

Minister for Planning and Environment.

Law Revision Board: appointment of member.  P.8/2015. Lodged: 20th January 2015.

Chief Minister.

Public Accounts Committee: appointment of member

In accordance with the provisions of Standing Order 123(1), Deputy Andrew David Lewis of St. Helier , Chairman  of  the  Public  Accounts  Committee,  indicated  that  he  wished  to  have  a  Committee  of 7 members, including the chair and 3 unelected members, and nominated Deputy Judith Ann Martin of St. Helier as a member of the Public Accounts Committee.

There being no other nominations, the Bailiff declared that Deputy Judith Ann Martin of St. Helier had been duly appointed as an elected member of the Public Accounts Committee.

Written Questions

(see Official Report/Hansard)

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy A.D. Lewis of St. Helier regarding the delivery of Gigabit Jersey.

The  Chairman  of  the  Comité  des   Connétable s  tabled  an  answer  to  a  question  asked  by   Deputy S.Y. Mézec of St. Helier regarding Parish Assemblies.

The Minister for Economic Development tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding job opportunities arising from Locate Jersey.

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 Treasury and Resources tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding Gigabit Jersey.

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

The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the award of Income Support impairment components.

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding the Andium Homes Standard for open and community space.

The Minister for Health and Social Services tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding the review of proposed sites for the new hospital.

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

The Minister for Housing tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the regulation of providers of social rental housing.

Oral Questions

(see Official Report/Hansard)

Deputy S.Y. Mézec of St. Helier asked a question of the Chief Minister regarding proposals for the reduction of poverty in the Island.

Deputy L.M.C. Doublet of St. Saviour asked a question of the Minister for Education, Sport and Culture regarding fees charged by Victoria College.

Deputy M.R. Higgins of St. Helier asked a question of the Minister for Planning and Environment regarding the Planning and Environment Department's policy for the retention and disposal of records.

Deputy G.P. Southern of St. Helier asked a question of the Minister for Treasury and Resources regarding the delivery of Gigabit Jersey.

Deputy J.A. Hilton of St. Helier asked a question of the Assistant Minister for Treasury and Resources regarding a grant made to the Sea Cadets for the construction of new premises.

Deputy J.A. Martin of St. Helier asked a question of the Assistant Minister for Treasury and Resources regarding the Jersey Gas site.

Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding the ability of the Income Support system to address relative poverty across different categories of claimant households.

Deputy J.A. Hilton of St. Helier asked a question of the Assistant Minister for Health and Social Services regarding Oncology staffing levels.

Deputy S.Y. Mézec of St. Helier asked a question of the Minister for Economic Development regarding the possible introduction of anti-cyber-bullying legislation.

Deputy M.R. Higgins of St. Helier asked a question of the Minister for Treasury and Resources regarding a sum allocated by the States to the Jersey Sea Cadets for the construction of new premises.

Deputy J.A. Martin of St. Helier asked a question of the Minister for Social Security regarding the allocation of Income Support components.

Oral Questions without notice (see Official Report/Hansard)

The Minister for Economic Development answered questions without notice from members. The Chief Minister answered questions without notice from members.

Gas Place: Petition P.156/2014

THE STATES rejected a proposition of Connétable Alan Simon Crowcroft of St. Helier requesting that the Minister for Planning and Environment reject any planning applications for development on the Gas Company site and adjacent areas, other than a possible extension to the Millennium Town Park with underground parking if appropriate.

Members present voted as follows –

POUR: 15 CONTRE: 24 ABSTAIN: 6

Senator Z.A. Cameron Connétable of St. Helier Connétable of St. Saviour Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy J.A. Hilton (H) Deputy K.C. Lewis (S) Deputy M.R. Higgins (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 T.A. McDonald (S) Deputy P.D. McLinton (S)


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

Connétable of St. Clement Connétable of St. Peter

Connétable of St. Lawrence Connétable of St. Ouen

Connétable of St. Brelade

Connétable of St. Martin

Connétable of Grouville

Connétable of St. John

Deputy of Trinity

Deputy E.J. Noel (L)

Deputy of St. John

Deputy S.J. Pinel (C)

Deputy R.G. Bryans (H)

Deputy of St. Peter

Deputy of St. Ouen

Deputy S.M. Brée (C)

Deputy M.J. Norton (B)


Connétable of Trinity Deputy of Grouville Deputy of St. Martin Deputy R.J. Rondel (H) Deputy of St. Mary Deputy G.J. Truscott (B)

Deputy Jeremy Martin Maçon of St. Saviour , in accordance with the provisions of Standing Order 106(c), declared an interest in this matter in view of his responsibility as a member of the Planning Applications Panel, and withdrew from the Chamber for the duration of the debate.

Changes in Presidency

The Bailiff retired from the Chamber during consideration of the proposition of Connétable Alan Simon Crowcroft of St. Helier entitled Gas Place: petition' (P.156/2014), and the meeting continued under the presidency of Mr. Michael Nelson de la Haye, O.B.E., Greffier of the States.

Jersey Arts Trust: re-appointment of Chairman P.167/2014

THE STATES, adopting a proposition of the Minister for Education, Sport and Culture, approved the re-appointment of Mr. Alan Le Breton as Chairman of the Jersey Arts Trust for a second consecutive 4 year term permitted under the Trust's constitution.

Armed Forces Covenant and Community Covenant P.168/2014

THE STATES, adopting a proposition of the Minister for Home Affairs, endorsed the decision of the Council of Ministers to support the introduction of an Armed Forces Covenant and Community Covenant in Jersey, and agreed that the Minister for Home Affairs should be responsible for fulfilling the role of Political Representative' and Chairman of the Steering Group to be established under the Covenant.

Council of Ministers' meetings: public access P.163/2014

THE STATES rejected a proposition of Deputy Montfort Tadier of St. Brelade to request the Council of Ministers to hold its meetings in public, except when the Council was discussing any matter which, by virtue of any enactment or code, it was entitled to discuss in private.

Members present voted as follows –

POUR: 15 CONTRE: 28 ABSTAIN: 0

Senator Z.A. Cameron Connétable of St. Helier Connétable of St. John Deputy J.A. Martin (H) Deputy G.P. Southern (H) 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 R. Labey (H) Deputy T.A. McDonald (S) Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)


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

Connétable of St. Peter

Connétable of St. Ouen

Connétable of St. Brelade Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville

Connétable of Trinity

Deputy of Grouville

Deputy J.A. Hilton (H)

Deputy of Trinity

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 L.M.C. Doublet (S) Deputy S.M. Wickenden (H) Deputy M.J. Norton (B)

Deputy of St. Mary

Draft Act annulling the Employment (Qualifying Period) (Jersey) Order 2014 P.169/2014

THE STATES commenced consideration of a proposition of Deputy Geoffrey Peter Southern of St. Helier requesting the States to adopt an Act annulling the Employment (Qualifying Period) (Jersey) Order 2014.

Changes in Presidency

Mr. Michael Nelson de la Haye, O.B.E., Greffier of the States, retired from the Chair during consideration of the proposition of Deputy Geoffrey Peter Southern of St. Helier concerning the Draft Act annulling the Employment (Qualifying Period) (Jersey) Order 2014 (P.168/2014 lodged "au Greffe" on 9th December 2014) and the meeting resumed under the Presidency of the Bailiff .

Adjournment

THE STATES adjourned, having agreed to reconvene on Wednesday 21st January 2015 to continue consideration of the proposition of Deputy Geoffrey Peter Southern of St. Helier entitled Draft Act annulling the Employment (Qualifying Period) (Jersey) Order 2014' (P.169/2014), and the outstanding items of public business.

THE STATES rose at 5.30 p.m.

L.-M. HART Deputy Greffier of the States