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THE STATES assembled on Tuesday 3rd November 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 Philip Francis Cyril Ozouf – absent on States business (arrived in the Chamber at 9.46 a.m.) Senator Alan John Henry Maclean – en défaut (défaut raised at 9.36 a.m.)
Senator Ian Joseph Gorst – absent on States business
Connétable Alan Simon Crowcroft of St. Helier – en défaut (défaut raised at 9.36 a.m.)
Connétable Deidre Wendy Mezbourian of St. Lawrence – en défaut
Deputy Anne Enid Pryke of Trinity – absent on States business
Deputy Kevin Charles Lewis of St. Saviour – en défaut (défaut raised at 9.49 a.m.)
Deputy Roderick Gordon Bryans – absent on States business
Deputy Kristina Louise Moore of St. Peter – ill
Deputy Richard John Rondel of St. Helier – ill
__________________
Prayers
__________________
Her Majesty Queen Elizabeth II – longest-reigning British monarch
The Bailiff advised the Assembly that correspondence had been received from the Assistant Private Secretary to Her Majesty Queen Elizabeth II in response to correspondence sent on behalf of the Lieutenant Governor, the Bailiff , the States and the people of Jersey on the occasion of Her Majesty becoming Britain's longest-reigning monarch.
Subordinate enactments tabled
The following enactments were tabled, namely –
Employment (Minimum Wage) (Amendment No. 9) (Jersey) Order 2015. R&O.125/2015. Minister for Social Security.
Financial Services Ombudsman (Eligible Complainants) (Jersey) Order 2015. R&O.128/2015. Minister for Economic Development.
Adoption (Amendment No. 5) Rules 2015. R&O.129/2015. Superior Number of the Royal Court.
Aircraft Registration (Fees) (Jersey) Order 2015. R&O.130/2015. Minister for Economic Development.
Aircraft Registration (Nationality and Registration Marks) (Jersey) Order 2015. R&O.131/2015. Minister for Economic Development.
313 Price code: B
Cycle Tracks (Amendment No. 3) (Jersey) Order 2015. R&O.132/2015. Minister for Transport and Technical Services.
Road Traffic ( St. Saviour ) (Amendment No. 9) (Jersey) Order 2015. R&O.133/2015. Minister for Transport and Technical Services.
Documents presented or laid
States of Jersey Investment Strategies. R.119/2015. Presented: 22nd October 2015.
Minister for Treasury and Resources.
Jersey International Finance Centre: Financial Viability (Interim Report). S.R.7/2015. Presented: 30th October 2015.
Corporate Services Scrutiny Panel.
Supply of housing (S.R.5/2015): joint response of the Minister for Housing and the S.R.5/2015. Minister for Planning and Environment. Res. Presented: 27th October 2015.
Minister for Housing.
Notification of lodged propositions
Draft Public Employees (Pension Scheme) (Transitional Provisions, Savings and P.99/2015. Consequential Amendments) (Jersey) Regulations 201- (P.99/2015): amendment. Amd. Lodged: 30th October 2015.
States Employment Board.
Jersey Appointments Commission: appointment of Commissioner. P.131/2015. Lodged: 22nd October 2015. (re-issue) States Employment Board.
Channel Islands Lottery: allocation of profits for 2014. P.132/2015. Lodged: 23rd October 2015.
Minister for Economic Development.
States of Jersey Complaints Panel: appointment of Deputy Chairman. P.133/2015. Lodged: 23rd October 2015.
Privileges and Procedures Committee.
Draft EU Legislation (Consumer Protection – Unfair Practices) (Jersey) Regulations P.134/2015. 201-.
Lodged: 26th October 2015.
Minister for Economic Development.
Jersey Overseas Aid Commission: re-appointment of non-States Commissioner. P.135/2015. Lodged: 3rd November 2015.
Deputy of Grouville .
Draft Social Security (Amendment of Law No. 10) (Jersey) Regulations 201-. P.136/2015. Lodged: 3rd November 2015.
Minister for Social Security.
Chief Executive to the Council of Ministers: open competition. P.137/2015. Lodged: 3rd November 2015.
Deputy of St. John .
Written Questions
(see Official Report/Hansard)
- The Minister for Treasury and Resources tabled an answer to a question asked by Deputy J.A. Hilton of St. Helier regarding the valuation of the Jersey International Finance Centre.
- The Chief Minister tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding discussions with the U.K. Government in respect of Jersey's ability to accept refugee families.
- The Minister for Economic Development tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding Jersey's low inflation rate.
- The Minister for Education, Sport and Culture tabled an answer to a question asked by Deputy
M. Tadier of St. Brelade regarding the use of population projections to determine the capacity of Les Quennevais School.
- The Chief Minister tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding alcohol advertising and product placement.
- The Chairman of the Health and Social Security Scrutiny Panel tabled an answer to a question asked by Deputy M. Tadier of St. Brelade regarding the alcohol strategy.
- The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the implementation of e-Government policies.
- The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding service delivery and outsourcing.
- The Minister for Health and Social Services tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the recruitment and retention of nursing staff.
- The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the loss of income for those receiving Long Term Incapacity Allowance.
- The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding benefit cuts.
- The Minister for Social Security tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding assessments for the receipt of Long-Term Incapacity Allowance.
- The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the Historic Abuse Compensation Scheme.
- The Chairman of the Comité des Connétable s tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the Loi (1804) au sujet des assemblées paroissiales.
- H.M. Attorney General tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding telecommunications legislation.
Oral Questions
(see Official Report/Hansard)
- Deputy J.A. Martin of St. Helier asked a question of the Chairman of the Comité des Connétable s regarding welfare payments for vulnerable members of the community.
- Deputy M. Tadier of St. Brelade asked a question of the Minister for Health and Social Services regarding the impact of Income Support cuts upon the mental health of vulnerable residents.
- Deputy P.D. McLinton of St. Saviour asked a question of the Minister for Transport and Technical Services regarding requirements for drivers to report accidents involving cats to the police.
- Deputy S.Y. Mézec of St. Helier asked a question of the Minister for Social Security regarding the information provided to benefits recipients by the Social Security Department.
- Deputy J.A. Hilton of St. Helier asked a question of the Minister for Treasury and Resources regarding projected profits in respect of the Jersey International Finance Centre.
- Deputy S.Y. Mézec of St. Helier asked a question of the Assistant Minister for Economic Development regarding mobile roaming charges.
Oral Questions without notice (see Official Report/Hansard)
The Minister for Social Security answered questions without notice from members. The Deputy Chief Minister answered questions without notice from members.
Personal statement
(see Official Report/Hansard)
The Deputy of St. John , in accordance with Standing Order 16(3), made a personal statement regarding her resignation as Assistant Minister for Treasury and Resources.
Ratification of the Agreement between the Government of Jersey and the Government of the Republic of Korea on the exchange of information relating to tax matters P.93/2015
THE STATES, adopting a proposition of the Minister for External Relations, agreed to ratify the Agreement between the Government of Jersey and the Government of the Republic of Korea on the exchange of information relating to tax matters as set out in Appendix 1 to the report of the Chief Minister dated 31st July 2015.
Draft Taxation (Exchange of Information with Third Countries) (Amendment No. 13) (Jersey) Regulations 201- P.108/2015
THE STATES commenced consideration of the Draft Taxation (Exchange of Information with Third Countries) (Amendment No. 13) (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 and 2.
THE STATES, in pursuance of Article 2(1) of the Taxation (Implementation) (Jersey) Law 2004, made Regulations entitled the Taxation (Exchange of Information with Third Countries) (Amendment No. 13) (Jersey) Regulations 2015.
Ratification of the Agreement between the Government of Jersey and the Government of the Republic of Seychelles for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income P.95/2015
THE STATES, adopting a proposition of the Minister for External Relations, agreed to ratify the Agreement between the Government of Jersey and the Government of the Republic of Seychelles for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, as set out in Appendix 1 to the report of the Minister for External Relations dated 31st July 2015.
Draft Taxation (Double Taxation) (Amendment No. 4) (Jersey) Regulations 201- P.109/2015
THE STATES commenced consideration of the Draft Taxation (Double Taxation) (Amendment No. 4) (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 and 2.
THE STATES, in pursuance of Article 2(1) of the Taxation (Implementation) (Jersey) Law 2004, made Regulations entitled the Taxation (Double Taxation) (Amendment No. 4) (Jersey) Regulations 2015.
Draft Honorary Police (Amendment No. 3) (Jersey) Regulations 201- P.110/2015
THE STATES commenced consideration of the Draft Honorary Police (Amendment No. 3) (Jersey) Regulations 201- and adopted the principles.
Members present voted as follows –
POUR: 38 CONTRE: 4 ABSTAIN: 0
Senator P.F. Routier Senator P.F.C. Ozouf 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. Mary Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Saviour Connétable of Grouville Connétable of St. John
Connétable of St. Martin Deputy G.P. Southern (H) Deputy of St. Martin
Deputy R. Labey (H)
Connétable of Trinity Deputy J.A. Martin (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 E.J. Noel (L) Deputy of St. John
Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy S.Y. Mézec (H) Deputy A.D. 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 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 and 2.
THE STATES, in pursuance of Article 4(4) of the Honorary Police (Jersey) Law 1974, made Regulations entitled the Honorary Police (Amendment No. 3) (Jersey) Regulations 2015.
Arrangement of public business for future meetings
THE STATES, adopting a proposition of the Assistant Minister for Economic Development, agreed, in accordance with Standing Order 26(7), that the lodging period in respect of the proposition entitled Channel Islands Lottery: Allocation of Profits for 2014' (P.132/2015) should be reduced to allow it to be debated on 1st December 2015.
Members present voted as follows –
POUR: 37 CONTRE: 1 ABSTAIN: 1
Senator P.F. Routier Deputy G.P. Southern (H) Deputy L.M.C. Doublet (S) Senator P.F.C. Ozouf
Senator L.J. Farnham
Senator P.M. Bailhache
Senator A.K.F. Green
Senator Z.A. Cameron
Connétable of St. Peter
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 of Grouville
Deputy J.A.N. Le Fondré (L) 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 S.Y. Mézec (H) Deputy A.D. Lewis (H) Deputy of St. Ouen
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)
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) –
17th November 2015
Draft Public Employees (Pension Scheme) (Administration) (Jersey) Regulations 201-. P.96/2015. Lodged: 17th August 2015.
States Employment Board.
Draft Public Employees (Pension Scheme) (Funding and Valuation) (Jersey) Regulations P.97/2015. 201-.
Lodged: 18th August 2015.
States Employment Board.
Draft Public Employees (Pension Scheme) (Membership and Benefits) (Jersey) P.98/2015. Regulations 201-.
Lodged: 18th August 2015.
States Employment Board.
Draft Public Employees (Pension Scheme) (Transitional Provisions, Savings and P.99/2015. Consequential Amendments) (Jersey) Regulations 201-.
Lodged: 18th August 2015.
States Employment Board.
STATES MINUTES
Draft Public Employees (Pension Scheme) (Transitional Provisions, Savings and Consequential Amendments) (Jersey) Regulations 201- (P.99/2015): amendment. Lodged: 30th October 2015.
States Employment Board.
Draft Public Employees (Pensions) (Jersey) Law 2014 (Appointed Day) Act 201-. Lodged: 18th August 2015.
States Employment Board.
Draft Public Finances (Amendment of Law No. 3) (Jersey) Regulations 201-. Lodged: 24th September 2015.
Minister for Treasury and Resources.
Draft Road Traffic (No. 62) (Jersey) Regulations 201-. Lodged: 1st October 2015.
Minister for Transport and Technical Services.
Draft Rates (Amendment) (Jersey) Law 201-. Lodged: 6th October 2015.
Comité des Connétable s.
Public Lotteries Board: appointment of Chairman and members. Lodged: 19th October 2015.
Minister for Economic Development.
Jersey Financial Services Commission: appointment of Commissioner. Lodged: 20th October 2015.
Chief Minister. (Consideration in camera')
3rd November 2015
P.99/2015. Amd.
P.100/2015. P.114/2015. P.115/2015.
P.116/2015. P.121/2015. P.126/2015.
1st December 2015
Ex Gratia payment to Mr. Roy Boschat. P.82/2015. Lodged: 24th July 2015.
Deputy T.A. McDonald of St. Saviour .
Ex Gratia payment to Mr. Roy Boschat (P.82/2015): addendum. P.82/2015. Presented: 30th July 2015. Add. Deputy T.A. McDonald of St. Saviour .
Ratification of the Multilateral Competent Authority Agreement on Automatic Exchange P.117/2015. of Financial Account Information to improve international tax compliance based on the
Common Reporting Standard for the Automatic Exchange of Financial Information
approved by the Organisation for Economic Co-operation and Development.
Lodged: 13th October 2015.
Minister for External Relations.
Draft Taxation (Implementation) (International Tax Compliance) (Common Reporting P.118/2015. Standard) (Jersey) Regulations 201-.
Lodged: 13th October 2015.
Minister for External Relations.
Draft EU Legislation (Transmissible Spongiform Encephalopathies) (Jersey) Regulations P.119/2015. 201-.
Lodged: 14th October 2015.
Minister for Planning and Environment.
Draft Commissioner for Standards (Jersey) Law 201-. P.120/2015. Lodged: 15th October 2015.
Privileges and Procedures Committee.
Draft Employment (Minimum Wage) (Amendment No. 12) (Jersey) Regulations 201-. P.122/2015. Lodged: 20th October 2015.
Minister for Social Security.
Draft Employment (Amendment No. 9) (Jersey) Law 201-. P.123/2015. Lodged: 20th October 2015.
Minister for Social Security.
Draft Taxation (Implementation) (Disclosure Facility) (Repeal) (Jersey) Regulations P.124/2015. 201-.
Lodged: 20th October 2015.
Minister for External Relations.
Draft EU Legislation (Payment Services – SEPA) (Jersey) Regulations 201-. P.125/2015. Lodged: 20th October 2015.
Chief Minister.
Jersey Bank Depositors Compensation Board: appointment of members. P.130/2015. Lodged: 20th October 2015.
Chief Minister.
Jersey Appointments Commission: appointment of Commissioner. P.131/2015. Lodged: 22nd October 2015. (re-issue) States Employment Board.
Channel Islands Lottery: allocation of profits for 2014. P.132/2015. Lodged: 23rd October 2015.
Minister for Economic Development.
States of Jersey Complaints Panel: appointment of Deputy Chairman. P.133/2015. Lodged: 23rd October 2015.
Privileges and Procedures Committee.
Jersey Overseas Aid Commission: re-appointment of non-States Commissioner. P.135/2015. Lodged: 3rd November 2015.
Deputy of Grouville .
Chief Executive to the Council of Ministers: open competition. P.137/2015. Lodged: 3rd November 2015.
Deputy of St. John .
15th December 2015 (Meeting to commence at 2.30 p.m. on 14th December 2015)
Draft Budget Statement 2016. P.127/2015. Lodged: 20th October 2015.
Minister for Treasury and Resources.
Draft Finance (2016 Budget) (Jersey) Law 201-. P.129/2015. Lodged: 20th October 2015.
Minister for Treasury and Resources.
Draft Income Tax (Amendment No. 45) (Jersey) Law 201-. P.128/2015. Lodged: 20th October 2015.
Minister for Treasury and Resources.
Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) (Jersey) P.46/2015. Regulations 201-. (Principles approved on 20th October 2015.) (re-issue) Lodged: 6th May 2015.
Chief Minister.
Draft Social Security (Amendment of Law No. 10) (Jersey) Regulations 201-. P.136/2015. Lodged: 3rd November 2015.
Minister for Social Security.
19th January 2016
Draft EU Legislation (Consumer Protection – Unfair Practices) (Jersey) Regulations P.134/2015. 201-.
Lodged: 26th October 2015.
Minister for Economic Development.
THE STATES rose at 12.50 p.m.
L.-M. HART Deputy Greffier of the States