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States Minutes 24th March 2015

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THE STATES assembled on Tuesday 24th March 2015, at 09.30 a.m. under the Presidency of the Bailiff ,

William James Bailhache , Esquire.  __________________

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 Philip Francis Cyril Ozouf – absent on States business Connétable Deidre Wendy Mezbourian of St. Lawrence ill Deputy Michael Roderick Higgins of St. Helier ill

Deputy Kristina Louise Moore of St. Peter – en défaut

 __________________

Prayers read by the Acting Dean __________________

Subordinate enactments tabled

The following enactments were tabled, namely –

EU Legislation (Sanctions – Belarus) (Jersey) Order 2015.  R&O.32/2015. Minister for External Relations.

EU Legislation (Sanctions – Libya) (Amendment) (Jersey) Order 2015.  R&O.33/2015. Minister for External Relations.

EU Legislation (Sanctions – Zimbabwe) (Jersey) Order 2015.  R&O.34/2015. Minister for External Relations.

Planning and Building (Miscellaneous Provisions) (Jersey) Order 2015.  R&O.35/2015. Minister for Planning and Environment.

Building Bye-laws (Amendment No. 4) (Jersey) 2015.  R&O.36/2015. Minister for Planning and Environment.

Motor  Traffic  (Third-Party  Insurance)  (Expenses  Limits)  (Amendment  No. 3)  R&O.37/2015. (Jersey) Order 2015.

Minister for Health and Social Services.

Money Laundering (Amendment No. 8) (Jersey) Order 2015.  R&O.38/2015. Chief Minister.

57   Price code: B

Documents presented or laid

Gas Tariffs: reduction (P.18/2015) – comments.  P.18/2015. Presented: 23rd March 2015.  Com. Council of Ministers.

Committee of Inquiry: Historical Child Abuse – additional funding (P.20/2015) –  P.20/2015. amendment (P.20/2015 Amd.) – comments.  Amd.Com. Presented: 23rd March 2015.

Chief Minister.

States of Jersey Law 2005: delegation of functions – Planning and Environment –  R.29/2015. revised delegations March 2015.

Presented: 12th March 2015

Minister for Planning and Environment.

Jersey Teachers' Superannuation Fund: Actuarial Review as at 31st December 2013 –  R.30/2015. report by the Actuary.

Presented: 13th March 2015.

Chief Minister.

Public Employees Contributory Retirement Scheme (PECRS): Actuarial Valuation at  R.31/2015. 31st December 2013 – Scheme funding report.

Presented: 13th March 2015.

Chief Minister.

Public Lotteries: report for 2014.  R.32/2015. Presented: 16th March 2015.

Minister for Economic Development.

Land Transactions under Standing Order 168(3) – Obstacles Policy – acquisition of  R.33/2015. Field 186 (Newholme), La Rue Rose, St. Peter .

Presented: 17th March 2015.

Minister for Treasury and Resources.

Jersey Consumer Council: Annual Report for 2014.  R.34/2015. Presented: 24th March 2015.

Minister for Economic Development.

Jersey Appointments Commission: Annual Report for 2014.  R.35/2015. Presented: 24th March 2015.

States Employment Board.

Notification of lodged propositions

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

Draft Shipping (Oil Pollution) (Liability and Compensation) (Jersey) Law 201-.  P.29/2015. Lodged: 18th March 2015.

Minister for Economic Development.

Income Support Medical Appeal Tribunal: appointment of members.  P.30/2015. Lodged: 19th March 2015.

Minister for Social Security.

Social Security Medical Appeal Tribunal: appointment of members.  P.31/2015. Lodged: 19th March 2015.

Minister for Social Security.

Gas Tariffs: review by Jersey Competition Regulatory Authority.  P.32/2015. Lodged: 24th March 2015.

Deputy G.P. Southern of St. Helier .

Planning Applications Committee – appointment of members

In accordance with the provisions of Standing Order 125A, the Chairman of the Planning Applications Committee indicated that she wished to have a Committee of 6 members, including the chairman, and nominated the following 5 elected members as members of the Committee –

The Connétable of Trinity

Deputy J.M. Maçon of St. Saviour Deputy R.J. Rondel of St. Helier Deputy R. Labey of St. Helier Deputy G.J. Truscott of St. Brelade .

There being no further nominations, the Bailiff declared the nominees duly elected as members of the Planning Applications Committee.

Written Questions

(see Official Report/Hansard)

The Chief Minister tabled an answer to a question asked by Deputy S.Y. Mézec 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 tax revenues.

The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the Independent Jersey Care Inquiry.

The Chief Minister tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding child abuse investigations.

The Chief Minister tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding the dual role of the Bailiff .

The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding States e-mails.

The  Minister  for  Education,  Sport  and  Culture  tabled  an  answer  to  a  question  asked  by   Deputy M. Tadier of St. Brelade regarding Haut de la Garenne.

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

H.M. 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.

The Minister for Education, Sport and Culture tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding political education in secondary schools.

The Chairman of the Privileges and Procedures Committee tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the Code of Conduct for Elected Members.

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

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

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

The Minister for Health and Social Services tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding Child and Adolescent Mental Health Services.

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.

Oral Questions

(see Official Report/Hansard)

Deputy R. Labey of St. Helier asked a question of the Chief Minister regarding plans for the forthcoming commemoration of Liberation Day.

Deputy G.P. Southern of St. Helier asked a question of the Minister for Education, Sport and Culture regarding Higher Education grants in 2014.

Deputy J.A. Martin of St. Helier asked a question of the Assistant Minister for Treasury and Resources regarding the progress made to date in relation to the new Police Headquarters.

Deputy M. Tadier of St. Brelade asked a question of the Minister for Housing regarding rents paid per calendar month by the existing tenants of the Andium Homes properties at 163–170 Le Clos des Sables.

Deputy S.Y. Mézec of St. Helier asked a question of the Chief Minister regarding the impact of measures announced recently by the U.K. Chancellor on aggressive tax avoidance and evasion.

Deputy G.P. Southern of St. Helier asked a question of the Minister for Treasury and Resources regarding progress made towards resolving the Gigabit dispute.

Deputy J.A. Martin of St. Helier asked a question of the Assistant Minister for Treasury and Resources regarding the potential provision of 40 private parking spaces for the Police in the area adjacent to the new Police Headquarters.

Deputy M. Tadier of St. Brelade asked a question of H.M. Solicitor General regarding the criteria necessary for appeal mechanisms against decisions of Ministers and departments to be human rights compliant.

Deputy S.Y. Mézec of St. Helier asked a question of the Minister for Treasury and Resources regarding progress made in finding a suitable public or community use for Piquet House.

Oral Questions without notice (see Official Report/Hansard)

The Minister for External Relations answered questions without notice from members. The Chief Minister answered questions without notice from members.

Draft Video Recordings (Amendment) (Jersey) Law 201- P.10/2015

THE STATES commenced consideration of the Draft Video Recordings (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 to 5.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Video Recordings (Amendment) (Jersey) Law 201-.

Gas Tariffs: reduction P.18/2015

THE STATES acceded to a request by Deputy Geoffrey Peter Southern of St. Helier , in accordance with Standing Order 69(4), that the proposition be withdrawn.

Changes in Presidency

The Bailiff retired from the Chamber prior to the consideration of the proposition entitled Committee of Inquiry: Historical Child Abuse – additional funding' (P.20/2015) and the meeting continued under the presidency of the Connétable of St. Clement .

Committee of Inquiry: Historical Child Abuse – additional funding P.20/2015

THE STATES commenced consideration of a proposition of the Chief Minister regarding the provision of additional funding for the Committee of Inquiry: Historical Child Abuse (P.20/2015).

Adjournment

The fire alarm having sounded, the States adjourned at 11.08 a.m. and re-assembled after the lunch adjournment in the Assembly Room at the Town Hall .

Committee of Inquiry: Historical Child Abuse – additional funding P.20/2015

THE STATES, having resumed consideration of a proposition of the Chief Minister regarding the provision of additional funding for the Committee of Inquiry: Historical Child Abuse (P.20/2015), rejected paragraph (1) of an amendment of Deputy Montfort Tadier of St. Brelade that, in paragraph (c), sub-paragraph (c)(ii) should be deleted.

Members present voted as follows –

POUR: 9   CONTRE: 34  ABSTAIN: 1 Connétable of St. Martin   Senator P.F. Routier  Senator P.M. Bailhache

Connétable of St. Saviour   Senator A.J.H. Maclean

Deputy G.P. Southern (H)   Senator I.J. Gorst

Deputy J.A. Hilton (H)   Senator L.J. Farnham

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

Deputy J.M. Maçon (S)   Senator Z.A. Cameron

Deputy S.Y. Mézec   Connétable of St. Helier

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

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

  Connétable of St. Ouen

  Connétable of St. Brelade

  Connétable of Grouville

  Connétable of St. John

  Connétable of Trinity

  Deputy J.A. Martin (H)

  Deputy of Grouville

  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 S.J. Pinel (C)

  Deputy of St. Martin

  Deputy R.G. Bryans (H)

  Deputy R.J. Rondel (H)

  Deputy A. Lewis (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 of St. Mary

  Deputy G.J. Truscott (B)

  Deputy P. McLinton (S)

THE STATES acceded to a request by Deputy Montfort Tadier of St. Brelade in accordance with Standing Order 69(4) that paragraph (2) of his amendment be withdrawn.

THE STATES rejected paragraph (3) of an amendment of Deputy Montfort Tadier of St. Brelade that, in paragraph (c), sub-paragraph (c)(v) should be deleted.

Members present voted as follows –

POUR: 10   CONTRE: 33

Connétable of St. Martin   Senator P.F. Routier Connétable of St. Saviour   Senator A.J.H. Maclean Deputy G.P. Southern (H)   Senator I.J. Gorst

Deputy J.A. Hilton (H)   Senator L.J. Farnham Deputy J.A.N. Le Fondré (L)   Senator A.K.F. Green Deputy K.C. Lewis (S)   Senator Z.A. Cameron Deputy M. Tadier (B)   Connétable of St. Helier Deputy S.Y. Mézec   Connétable of St. Peter Deputy R. Labey (H)   Connétable of St. Mary Deputy T.A. McDonald (S)   Connétable of St. Ouen

  Connétable of St. Brelade

  Connétable of Grouville

  Connétable of St. John

  Connétable of Trinity

  Deputy J.A. Martin (H)

  Deputy of Grouville

  Deputy of Trinity

  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 R.J. Rondel (H)

  Deputy A. Lewis (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 of St. Mary

  Deputy G.J. Truscott (B)

  Deputy P. McLinton (S)


ABSTAIN: 1

Senator P.M. Bailhache

Adjournment

THE STATES, adopting a proposition of Senator Lyndon John Farnham , agreed to adjourn and to reconvene on Wednesday 25th March 2015 to continue consideration of the proposition of the Chief Minister entitled Committee of Inquiry: Historical Child Abuse – additional funding' (P.20/2015) and the outstanding items of public business.

Members present voted as follows –

POUR: 24   CONTRE: 18  ABSTAIN: 0

Connétable of St. Helier   Senator P.F. Routier Connétable of St. Mary   Senator A.J.H. Maclean Connétable of St. Martin   Senator I.J. Gorst Connétable of St. Saviour   Senator L.J. Farnham

Connétable of Grouville Connétable of Trinity Deputy G.P. Southern (H) Deputy J.A. Hilton (H) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy E.J. Noel (L) Deputy of St. John

Deputy J.M. Maçon (S) Deputy R.G. Bryans (H) 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 M.J. Norton (B) Deputy T.A. McDonald (S) Deputy of St. Mary Deputy G.J. Truscott (B) Deputy P. McLinton (S)


Senator P.M. Bailhache

Senator A.K.F. Green

Senator Z.A. Cameron

Connétable of St. Peter

Connétable of St. Ouen

Connétable of St. John

Deputy J.A. Martin (H)

Deputy of Grouville

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

Deputy S.J. Pinel (C)

Deputy of St. Martin

Deputy of St. Ouen

Deputy S.M. Wickenden (H)

THE STATES rose at 5.28 p.m.

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