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States Minutes 8th September 2015

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THE STATES assembled on Tuesday 8th September 2015, at 09.30 a.m. under the Presidency of the Deputy Bailiff , Timothy John Le Cocq , 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 (arrived 10.03 a.m.) Senator Sir Philip Martin Bailhache ill

Connétable Juliette Gallichan of St. Mary – excused attendance

Connétable Stephen William Pallett of St. Brelade ill

Deputy Richard John Rondel of St. Helier ill

 __________________

Prayers

 __________________

Tribute to the late Air Marshal Peter Walker , Lieutenant Governor of Guernsey

The Deputy Bailiff paid tribute to the late Air Marshal Peter Walker , Lieutenant Governor of Guernsey. The Assembly observed a moment's silence as a mark of respect.

Dr. Mark Egan – welcome

The Deputy Bailiff , on behalf of all members, welcomed Dr. Mark Egan, who was present in the public gallery, having been offered the post of Greffier of the States as successor to the present officeholder, Mr. Michael Nelson de la Haye, O.B.E.,  subject  to  the  adoption  by  the  States  of  the  proposition P.101/2015, Greffier of the States: consent to appointment'.

Subordinate enactments tabled

The following enactments were tabled, namely –

EU Legislation (Sanctions – North Korea) (Jersey) Order 2015.  R&O.76/2015. Minister for External Relations.

Alternative  Investment Funds (Amendment of Regulations No. 2) (Jersey) Order  R&O.77/2015. 2015.

Assistant Chief Minister, for and on behalf of Chief Minister.

Income Support (General Provisions) (Amendment No. 17) (Jersey) Order 2015.  R&O.85/2015. Minister for Social Security.

Sea Fisheries (Spider Crabs – Restrictions on Fishing) (Jersey) Order 2015.  R&O.86/2015. Minister for Economic Development.

205   Price code: C

Financial  Services  Ombudsman  (Exempt  Business)  (Amendment)  (Jersey)  Order  R&O.87/2015. 2015.

Minister for Economic Development.

Road Racing (Festival of Speed) (Jersey) Order 2015.  R&O.88/2015. Minister for Transport and Technical Services.

Entertainments on Public Roads (Jersey Seaside Festival) (Jersey) Order 2015.  R&O.89/2015. Minister for Transport and Technical Services.

Battle of Flowers (Jersey) Order 2015.  R&O.90/2015. Minister for Transport and Technical Services.

Gorey Fête (Jersey) Order 2015.  R&O.91/2015. Minister for Transport and Technical Services.

Social Security (Miscellaneous Provisions No. 5) (Jersey) Order 2015.  R&O.92/2015. Minister for Social Security.

EU Legislation (Sanctions – Iran) (Amendment) (Jersey) Order 2015.  R&O.93/2015. Chief Minister, for and on behalf of the Minister for External Relations.

EU Legislation (Sanctions – Libya) (Amendment No. 3) (Jersey) Order 2015.  R&O.94/2015. Chief Minister, for and on behalf of the Minister for External Relations.

Water Pollution (Code of Good Agricultural Practice) (Jersey) Order 2015.  R&O.95/2015. Minister for Planning and Environment.

Shops (Regulation of Opening) (Special Occasions) (Jersey) Order 2015.  R&O.96/2015. Minister for Economic Development.

Jersey International Air Display (Jersey) Order 2015.  R&O.97/2015. Minister for Transport and Technical Services.

Education  (Discretionary  Grants –  Amounts)  (Amendment  No. 7)  (Jersey)  Order  R&O.98/2015. 2015.

Minister for Education, Sport and Culture.

Education  (Discretionary  Grants –  General)  (Amendment  No. 4)  (Jersey)  Order  R&O.99/2015. 2015.

Minister for Education, Sport and Culture.

Road Traffic ( St. Mary ) (Amendment) (Jersey) Order 2015.  R&O.100/2015. Minister for Transport and Technical Services.

Documents presented or laid

Ports of Jersey Limited: Approval of First Board and Terms of Office (P.68/2015) –  P.68/2015. addendum.  Add. Presented: 7th September 2015.

Minister for Treasury and Resources.

Medium Term Financial Plan 2016 – 2019 (P.72/2015) – draft annex.  P.72/2015. Presented: 24th July 2015.  Add.(2) Council of Ministers.

La Collette Low Rise: protection of open space – petition (P.78/2015) – comments.  P.78/2015. Presented: 18th August 2015.  Com. Minister for Planning and Environment.

La Collette Low Rise: protection of open space – petition (P.78/2015) – comments.  P.78/2015. Presented: 7th September 2015.  Com.(2) Council of Ministers.

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 .

Tourism Development Fund: Report for 2014.  R.83/2015. Presented: 17th July 2015.

Minister for Economic Development.

Jersey Bank Depositors Compensation Board: Annual Report and Audited Financial  R.84/2015. Statements for the year ended 31st January 2015.

Presented: 20th July 2015.

Chief Minister.

Dormant Bank Accounts Law: Consultation Paper.  R.85/2015. Presented: 23rd July 2015.

Chief Minister.

External Relations: Common Policy.  R.86/2015. Presented: 27th July 2015.

Council of Ministers.

Rental sector in Jersey: proposed policy direction.  R.87/2015. Presented: 29th July 2015.

Minister for Housing.

Land Transactions under Standing Order 168(3) –  R.88/2015.

  1. S08 Workshop and Store, South Pier, St. Helier – lease;
  2. V12Q Vivier, Victoria Pier, St. Helier – lease;
  3. A25 Office, Albert Pier, St. Helier – lease;
  4. V06, V32A and V13A Viviers, Victoria Pier, St. Helier – lease;
  5. Havre des Pas Kiosk and Restaurant – new lease.

Presented: 29th July 2015.

Minister for Treasury and Resources.

Access to Justice Review: Second Interim Report.  R.89/2015. Presented: 29th July 2015.

Chief Minister.

States of Jersey Law 2005: delegation of functions – Social Security – Long-Term  R.90/2015. Care Scheme.

Presented: 30th July 2015.

Minister for Social Security.

Dental Health Services and Benefits: Review – June 2015.  R.91/2015. Presented: 4th August 2015.

Minister for Social Security.

States of Jersey Law 2005: delegation of functions – Chief Minister – Assistant  R.92/2015. Ministers and Officers.

Presented: 5th August 2015.

Chief Minister.

States of Jersey Law 2005: delegation of functions – Health and Social Services –  R.93/2015. revised delegations July 2015.

Presented: 7th August 2015.

Minister for Health and Social Services.

Independent Custody Visitor Scheme: transfer of administration from the Home  R.94/2015. Affairs Department to the Jersey Police Authority.

Presented: 24th August 2015.

Minister for Home Affairs.

Internal Audit: Follow-up.  R.95/2015. Presented: 27th August 2015.

Comptroller and Auditor General.

Procurement: Follow-up.  R.96/2015. Presented: 27th August 2015.

Comptroller and Auditor General.

Use of Management Information in HSSD – Operating Theatres: Follow-up.  R.97/2015. Presented: 27th August 2015.

Comptroller and Auditor General.

Land Transactions under Standing Order 168(3) –  R.98/2015.

  1. La Pouclée Lodge, La Pouquelaye, St. Helier – sale;
  2. Acquisition of land at Hameau de la Mer, St. Clement ;
  3. Grainville Tennis Club, Grainville Sports Ground, St. Saviour 's Hill, St. Saviour

lease;

  1. Apartment No. 3, Block E, Les Quennevais Park – transfer of the Public's flying-

freehold ownership and cancellation of existing 99 year lease.

Presented: 4th September 2015.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – A11, La Vallée de St. Pierre,  R.99/2015. St. Peter and St. Lawrence – proposed 2 mile pedestrian and cycle path from Moulin

de Tesson to Le Dimerie –

  1. Land Parcels Nos. 1, 3, 8 and 18 – the Jersey New Waterworks Co. Ltd. –

proposed lease;

  1. Land Parcels Nos. 4 and 6 – Leros Ltd. – proposed lease and purchase;
  2. Land Parcels Nos. 2, 7, 9 and 12 – the National Trust For Jersey – proposed lease;
  3. Land Parcel No. 5 – Daisy Hill Real Estates Ltd. – proposed purchase.

Presented: 8th September 2015.

Minister for Treasury and Resources.

Special Education Needs (S.R.3/2015): response of the Minister for Education, Sport  S.R.3/2015. and Culture.  Res. Presented: 7th September 2015.

Minister for Education, Sport and Culture.

Respite Care for Adults.  S.R.4/2015. Presented: 28th July 2015.

Health and Social Security Scrutiny Panel.

Supply of housing.  S.R.5/2015. Presented: 8th September 2015.

Environment, Housing and Technical Services Scrutiny Panel.

Financial Directions.  P.A.C.2/2015. Presented: 6th August 2015.

Public Accounts Committee.

Andium Homes – Repairs and Maintenance – Following up the Report of the  P.A.C.1/2015. Comptroller and Auditor General (P.A.C.1/2015) – response of Chief Officers.  Res. Presented: 17th July 2015.

Public Accounts Committee.

Notification of lodged propositions

Medium Term Financial Plan 2016 – 2019 (P.72/2015) – amendment.  P.72/2015. Lodged: 7th September 2015.  Amd. Council of Ministers.

Independent Jersey Care Inquiry: amendment to Medium Term Financial Plan 2013 – P.75/2015. 2015 (P.75/2015) – amendment.  Amd. Lodged: 7th September 2015.

Council of Ministers.

Strategic Reserve Fund: funding for Independent Jersey Care Inquiry and transfers  P.76/2015. from and to the Consolidated Fund (P.76/2015) – amendment.  Amd. Lodged: 7th September 2015.

Minister for Treasury and Resources.

La Collette Low Rise: protection of open space – petition.  P.78/2015. Lodged: 17th July 2015.

Deputy R. Labey of St. Helier .

Draft Public Employees (Contributory Retirement Scheme) (Miscellaneous  P.79/2015. Amendments) (Jersey) Regulations 201-.

Lodged: 20th July 2015.

States Employment Board.

Draft Air and Sea Ports Incorporation (Transfer) (Jersey) Regulations 201-.  P.80/2015. Lodged: 24th July 2015.

Council of Ministers.

Draft Air and Sea Ports (Incorporation) (Jersey) Law 201- (Appointed Day) Act 201-.  P.81/2015. Lodged: 24th July 2015.

Council of Ministers.

Ex Gratia payment to Mr. Roy Boschat.  P.82/2015. Lodged: 24th July 2015.

Deputy T.A. McDonald of St. Saviour .

Draft Veterinary Surgeons (Amendment No. 2) (Jersey) Law 201-.  P.83/2015. Lodged: 27th July 2015.

Minister for Planning and Environment.

Draft Residential Tenancy (Deposit Scheme) (Amendment) (Jersey) Regulations 201-.  P.84/2015. Lodged: 28th July 2015.  (re-issue). Chief Minister.

Jersey Overseas Aid Commission: appointment of non-States Commissioner.  P.85/2015. Lodged: 3rd August 2015.

Deputy of Grouville .

Draft International Criminal Court (Amendment) (Jersey) Law 201-.  P.86/2015. Lodged: 3rd August 2015.

Chief Minister.

Draft Criminal Justice (Miscellaneous Provisions) (Jersey) Law 201-.  P.87/2015. Lodged: 4th August 2015.

Chief Minister.

Jersey Employment and Discrimination Tribunal: appointment of lay members.  P.88/2015. Lodged: 4th August 2015.

Minister for Social Security.

Draft Dentistry (Jersey) Law 201-.  P.89/2015. Lodged: 10th August 2015.

Minister for Health and Social Services.

Ratification of the Agreement between the Government of Jersey and the Republic of  P.90/2015. Rwanda for the avoidance of double taxation and the prevention of fiscal evasion with

respect to taxes on income.

Lodged: 11th August 2015.

Minister for External Relations.

Draft Taxation (Double Taxation) (Amendment No. 3) (Jersey) Regulations 201-.  P.91/2015. Lodged: 11th August 2015.

Minister for External Relations.

Draft Financial Services Ombudsman (Jersey) Law 2014 (Appointed Day) (No. 3) Act  P.92/2015. 201-.

Lodged: 11th August 2015.

Minister for Economic Development.

Ratification of the Agreement between the Government of Jersey and the Government  P.93/2015. of the Republic of Korea on the exchange of information relating to tax matters.

Lodged: 11th August 2015.

Minister for External Relations.

Draft Licensing (Licence Fees) (Jersey) Regulations 201-.  P.94/2015. Lodged: 11th August 2015.

Minister for Economic Development.

Ratification of the Agreement between the Government of Jersey and the Government  P.95/2015. of the Republic of Seychelles for the avoidance of double taxation and the prevention

of fiscal evasion with respect to taxes on income.

Lodged: 12th August 2015.

Minister for External Relations.

Draft Public Employees (Pension Scheme) (Administration) (Jersey) Regulations   P.96/2015. 201-.

Lodged: 17th August 2015.

States Employment Board.

Draft Public Employees (Pension Scheme) (Funding and Valuation) (Jersey)  P.97/2015. Regulations 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.

Draft Public Employees (Pensions) (Jersey) Law 2014 (Appointed Day) Act 201-.  P.100/2015. Lodged: 18th August 2015.

States Employment Board.

Greffier of the States: consent to appointment.  P.101/2015. Lodged: 25th August 2015.

Privileges and Procedures Committee. (Consideration in camera'.)

Draft Christmas Bonus (Repeal) (Jersey) Law 201-.  P.102/2015. Lodged: 25th August 2015.

Minister for Social Security.

Draft Income Support (Miscellaneous Provisions No. 2) (Jersey) Regulations 201-.  P.103/2015. Lodged: 25th August 2015.

Minister for Social Security.

Draft Social Security (Television Licence Benefit) (Jersey) Regulations 201-. Lodged: 25th August 2015.

Minister for Social Security.


P.104/2015.

Draft Social Security (Amendment of Law No. 9) (Jersey) Regulations 201-.  P.105/2015. Lodged: 25th August 2015.

Minister for Social Security.

Draft Act annulling the Income Support (General Provisions) (Amendment No. 17)  P.106/2015. (Jersey) Order 2015.

Lodged: 28th August 2015.

Deputy G.P. Southern of St. Helier .

La Collette Low Rise: protection of open space – petition P.78/2015

Deputy Russell Labey of St. Helier presented to the States a petition on behalf of the residents of La Collette Low Rise, Green Street and Havre des Pas, regarding the retention of the existing green space in that area.

Written Questions

(see Official Report/Hansard)

The Minister for Home Affairs tabled an answer to a question asked by Deputy P.D. McLinton of St. Saviour regarding persons registered with Social Security found guilty of committing a criminal offence.  

The Minister for Housing tabled an answer to a question asked by Deputy J.A. Martin of St. Helier regarding tenants on the Affordable Housing Gateway.  

The Minister for Transport and Technical Services tabled an answer to a question asked by Deputy J.A. Martin of St. Helier regarding standards applicable to the operation of fuel farms.  

The Minister for Home Affairs tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding refugees claiming asylum.  

The  Minister  for  Social  Security  tabled  an  answer  to  a  question  asked  by   Deputy  S.Y. Mézec  of St. Helier regarding the accommodation component of Income Support.  

The Minister for Treasury and Resources tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding voluntary redundancies in the public sector.  

The Chief Minister tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding meetings held with union representatives and other organisations.  

The  Minister  for  Health  and  Social  Services  tabled  an  answer  to  a  question  asked  by   Deputy G.P. Southern of St. Helier regarding changes in the voluntary sector arising from savings outlined in the Medium Term Financial Plan.  

The Minister for Economic Development tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding changes to grants and subsidies detailed in the Annex to the Medium Term Financial Plan.  

The Minister for Education, Sport and Culture tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding grants and subsidies detailed in the Annex to the Medium Term Financial Plan.  

The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the projected growth in tax funded benefits detailed in the Annex to the Medium Term Financial Plan.  

The Minister for Health and Social Services tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding staffing changes in the department.  

H.M. Attorney General tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the role of an Amicus Curiae in court proceedings.  

Oral Questions

(see Official Report/Hansard)

Deputy M. Tadier of St. Brelade asked a question of the Minister for Home Affairs regarding arrests made in relation to Operation Whistle.  

Deputy M. Tadier of St. Brelade asked a question of the Minister for Social Security regarding the amount to be lost by pensioners as a result of proposed cuts to income support and other benefits.  

Deputy G.P. Southern of St. Helier asked a question of the Minister for Education, Sport and Culture regarding teaching vacancies.  

Deputy M.R. Higgins of St. Helier asked a question of the Chief Minister regarding officers appointed to liaise with the Committee of Inquiry for document provision.  

Deputy S.Y. Mézec of St. Helier asked a question of the Chief Minister regarding possible strike action by some public sector unions.  

Deputy J.A. Hilton of St. Helier asked a question of the Minister for Health and Social Services regarding the number of children on the At Risk' register.  

Deputy L.M.C. Doublet of St. Saviour asked a question of the Minister for Education, Sport and Culture regarding creativity and innovation in education.  

Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding the Medium Term Financial Plan and raising additional revenues from the wealthy.  

Deputy M.R. Higgins of St. Helier asked a question of H.M. Attorney General regarding the process for obtaining restricted court reports containing personal information.  

Deputy J.A. Hilton of St. Helier asked a question of the Minister for Health and Social Services regarding the current waiting time for the dermatology department.  

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

The Chief Minister made a statement regarding the migrant situation in Europe.

Oral Questions without notice (see Official Report/Hansard)

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

La Collette Low Rise: protection of open space – petition P.78/2015

THE STATES commenced consideration of a proposition of Deputy Russell Labey of St. Helier concerning the protection of open space at La Collette Low Rise and, in accordance with Standing Order 106(c), Senator Paul Francis Routier and Deputy Jeremy Martin Maçon of St. Saviour declared an interest and withdrew from the Chamber during consideration of the matter.

Changes in Presidency

THE STATES re-assembled after the lunch adjournment under the Presidency of the Bailiff .

La Collette Low Rise: protection of open space – petition P.78/2015

THE STATES resumed consideration of the proposition of Deputy Russell Labey of St. Helier concerning the protection of open space at La Collette Low Rise and, adopting the proposition, agreed to request the Minister for Planning and Environment to ensure that any redevelopment of La Collette Low Rise would uphold and maintain the Protected Open Space status of the existing green space on the site between La Collette Low Rise and its border with Green Street.

Members present voted as follows –

POUR: 22 CONTRE: 19 ABSTAIN: 0

Senator Z.A. Cameron Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Saviour Connétable of St. John Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville

Deputy J.A.N. Le Fondré (L) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy of St. John

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. Bree (C) Deputy T.A. McDonald (S) Deputy of St. Mary

Deputy P.D. McLinton (S)


Senator P.F.C. Ozouf

Senator A.J.H. Maclean

Senator L.J. Farnham

Senator A.K.F. Green

Connétable of St. Clement Connétable of St. Peter

Connétable of St. Ouen

Connétable of St. Martin Connétable of Grouville

Connétable of Trinity

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 M.J. Norton (B)

Deputy G.J. Truscott (B)

Immigration, Asylum and Nationality Act 2006 and Immigration Act 2014: extension of certain sections to Jersey P.64/2015

THE STATES, adopting a proposition of the Chief Minister, signified, pursuant to Article 31(1)(b)(i) of the States of Jersey Law 2005, that they agreed that a request should be made to Her Majesty in Council for the making of an Order in Council that would extend to Jersey, with appropriate exceptions, modifications and adaptations, the provisions of –

  1. sections 27 and 42 of the Immigration, Asylum and Nationality Act 2006;
  2. section 67 of, and Schedule 8 and Parts 1 and 10 of Schedule 9 to, the Immigration Act 2014,

as summarised in the Report of the Chief Minister dated 10th June 2015. Greville Bathe Fund: appointment of Jurat P.66/2015

THE STATES, adopting a proposition of the Minister for Treasury and Resources, approved the appointment of Jurat Colette Crill for the purpose of administering the income of the Greville Bathe Fund.

Draft Intellectual Property (Registered Rights) (Miscellaneous Provisions) (Jersey) Law 201- P.69/2015

THE STATES commenced consideration of the Draft Intellectual Property (Registered Rights) (Miscellaneous Provisions) (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 33.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Intellectual Property (Registered Rights) (Miscellaneous Provisions) (Jersey) Law 201-.

Members present voted as follows –

POUR: 34 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator L.J. Farnham Senator A.K.F. Green Senator Z.A. Cameron Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Ouen Connétable of St. Martin Connétable of St. Saviour Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H) Deputy of Grouville

Deputy J.A. Hilton (H) Deputy of Trinity

Deputy K.C. Lewis (S) 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 of St. Ouen

Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy S.M. Bree (C) Deputy T.A. McDonald (S) Deputy of St. Mary

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

States of Jersey Complaints Panel: renewal of membership P.71/2015

THE STATES, adopting a proposition of the Privileges and Procedures Committee, agreed, in accordance with Article 5(2) of the Administrative Decisions (Review) (Jersey) Law 1982, to re-appoint the following persons as members of the States of Jersey Complaints Panel, from whom members of Complaints Boards could be drawn, for a further period of 4 years –

Mr. Christopher Beirne

Mr. Robert Frederick Bonney Mr. Graeme George Marett Mr. Patrick David McGrath.

Draft Public Employees (Contributory Retirement Scheme) (Miscellaneous Amendments) (Jersey) Regulations 201- P.79/2015

THE STATES commenced consideration of the Draft Public Employees (Contributory Retirement Scheme) (Miscellaneous Amendments) (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 5.

THE STATES, in pursuance of Article 2 of the Public Employees (Retirement) (Jersey) Law 1967, made Regulations entitled the Public Employees (Contributory Retirement Scheme) (Miscellaneous Amendments) (Jersey) Regulations 2015.

Draft Air and Sea Ports (Incorporation) (Jersey) Law 2015 (Appointed Day) Act 201- P.81/2015

THE STATES, in pursuance of Article 55(2) of the Air and Sea Ports (Incorporation) (Jersey) Law 2015, made the Air and Sea Ports (Incorporation) (Jersey) Law 2015 (Appointed Day) Act 2015.

Members present voted as follows –

POUR: 33   CONTRE: 2

Senator P.F. Routier   Deputy J.M. Maçon (S) Senator A.J.H. Maclean   Deputy S.Y. Mézec (H) Senator L.J. Farnham

Senator A.K.F. Green

Senator Z.A. Cameron

Connétable of St. Peter

Connétable of St. Lawrence

Connétable of St. Ouen

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. Hilton (H)

Deputy J.A.N. Le Fondré (L)

Deputy of Trinity

Deputy K.C. Lewis (S)

Deputy of St. John

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 S.M. Bree (C)

Deputy T.A. McDonald (S)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Deputy P.D. McLinton (S)


ABSTAIN: 1 Deputy R. Labey (H)

Draft Air and Sea Ports Incorporation (Transfer) (Jersey) Regulations 201- P.80/2015

THE  STATES  commenced  consideration  of  the  Draft  Air  and  Sea  Ports  Incorporation  (Transfer) (Jersey) Regulations 201- and adopted the principles.

Members present voted as follows –

POUR: 33   CONTRE: 2  ABSTAIN: 0

Senator A.J.H. Maclean   Deputy J.M. Maçon (S) Senator L.J. Farnham   Deputy S.Y. Mézec (H) Senator A.K.F. Green

Senator Z.A. Cameron

Connétable of St. Helier

Connétable of St. Peter

Connétable of St. Lawrence Connétable of St. Ouen 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. Hilton (H) Deputy J.A.N. Le Fondré (L) Deputy of Trinity

Deputy K.C. Lewis (S) Deputy of St. John

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 S.M. Bree (C) 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 to 7 and the Schedule.

THE STATES, in pursuance of Articles 33, 53 and 54(2) of the Air and Sea Ports (Incorporation) (Jersey) Law 2015, made Regulations entitled the Air and Sea Ports Incorporation (Transfer) (Jersey) Regulations 2015.

Members present voted as follows –

POUR: 33 CONTRE: 2 ABSTAIN: 0

Senator P.F. Routier Senator A.J.H. Maclean Senator L.J. Farnham Senator A.K.F. Green Senator Z.A. Cameron Connétable of St. Helier Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Ouen Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of St. John Connétable of Trinity


Deputy J.M. Maçon (S) Deputy S.Y. Mézec (H)

Deputy J.A. Martin (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 of St. John

Deputy S.J. Pinel (C) Deputy of St. Martin

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 S.M. Bree (C) Deputy T.A. McDonald (S) Deputy of St. Mary

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

Ports of Jersey Limited: Approval of First Board and Terms of Office P.68/2015

THE STATES, adopting a proposition of the Minister for Treasury and Resources, approved the proposed membership of the first Board, and the first Directors' terms of office, of Ports of Jersey Limited, as set out in the attached Report and Memorandum and Articles of Association.

Members present voted as follows –

POUR: 29 CONTRE: 4 ABSTAIN: 4

Senator P.F. Routier

Senator A.J.H. Maclean Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Ouen Connétable of St. Martin Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H) Deputy J.A.N. Le Fondré (L) Deputy of Trinity

Deputy K.C. Lewis (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 G.P. Southern (H) Deputy M. Tadier (B)

Deputy J.M. Maçon (S)

Deputy S.Y. Mézec (H)


Connétable of St. Saviour Deputy of Grouville Deputy of St. John

Deputy L.M.C. Doublet (S)

Deputy of St. Ouen

Deputy S.M. Wickenden (H) Deputy S.M. Bree (C) Deputy T.A. McDonald (S) Deputy of St. Mary

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

Draft Veterinary Surgeons (Amendment No. 2) (Jersey) Law 201- P.83/2015

THE STATES commenced consideration of the Draft Veterinary Surgeons (Amendment No. 2) (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 8.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Veterinary Surgeons (Amendment No. 2) (Jersey) Law 201-.

Draft Residential Tenancy (Deposit Scheme) (Amendment) (Jersey) Regulations 201- P.84/2015 (re-issue)

THE STATES commenced consideration of the Draft Residential Tenancy (Deposit Scheme) (Amendment) (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 Regulation 1.

THE STATES adopted Regulation 2.

Members present voted as follows –

POUR: 34 CONTRE: 3 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Ouen Connétable of St. Martin Connétable of St. Saviour Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville Deputy J.A. Hilton (H)


Senator Z.A. Cameron Deputy of St. John

Deputy J.M. Maçon (S)

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

Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy S.J. Pinel (C) Deputy R.G. Bryans (H) 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. Bree (C) Deputy T.A. McDonald (S) Deputy of St. Mary

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

THE STATES adopted Regulations 3 and 4.

THE STATES, in pursuance of Article 24 of the Residential Tenancy (Jersey) Law 2011,  made Regulations entitled the Residential Tenancy (Deposit Scheme) (Amendment) (Jersey) Regulations 2015.

Members present voted as follows –

POUR: 35 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier

Senator P.F.C. Ozouf Senator A.K.F. Green Connétable of St. Helier Connétable of St. Clement Connétable of St. Lawrence Connétable of St. Ouen Connétable of St. Martin Connétable of St. Saviour Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H) 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 M. Tadier (B) Deputy of St. John

Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin

Deputy R.G. Bryans (H) 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. Bree (C) Deputy T.A. McDonald (S) Deputy of St. Mary

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

Jersey Overseas Aid Commission: appointment of non-States Commissioner P.85/2015

THE STATES, adopting a proposition of the Deputy of Grouville , agreed to appoint Mr. Douglas Melville as a non-States Commissioner of the Jersey Overseas Aid Commission until 4th March 2017, in accordance with clause 7.6 of the Constitution of the Jersey Overseas Aid Commission as set out in Schedule 1 to the Jersey Overseas Aid Commission (Jersey) Law 2005.

Jersey Employment and Discrimination Tribunal: appointment of lay members P.88/2015

THE STATES commenced consideration of a proposition of the Minister for Social Security concerning the appointment of lay members to the Jersey Employment and Discrimination Tribunal and, in accordance with Standing Order 106(c), Deputy Geoffrey Peter Southern of St. Helier declared an interest and withdrew from the Chamber during consideration of the matter.

THE STATES, adopting a proposition of the Minister for Social Security, agreed to appoint, further to a process overseen by the Jersey Appointments Commission and in accordance with the Employment and Discrimination Tribunal (Jersey) Regulations 2014, the following persons as lay members of the Jersey Employment and Discrimination Tribunal, each for a period of 5 years to begin from the date of States approval –

Mr. Simon Cross

Mrs. Susan Cuming

Mrs. Louise James

Mr. Gerald Larkins

Mrs. Suzannah Le Moignan Mr. Vincent Manning

Mrs. Anne Southern

Mrs. Marilyn Wetherall.

Draft Financial Services Ombudsman (Jersey) Law 2014 (Appointed Day) (No. 3) Act 201- P.92/2015

THE STATES, in pursuance of Article 27 of the Financial Services Ombudsman (Jersey) Law 2014, made an Act entitled the Financial Services Ombudsman (Jersey) Law 2014 (Appointed Day) (No. 3) Act 2015.

Arrangement of public business for future meetings

THE  STATES  commenced  consideration  of  the  arrangement  of  public  business  and,  adopting  a proposition of the Chairman of the Privileges and Procedures Committee, agreed to commence the Sittings scheduled for 6th October and 15th December 2015 at 2.15 p.m. on the preceding afternoons of 5th October and 14th December 2015.

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) –

22nd September 2015

Draft Public Finances (Amendment of Law No. 3) (Jersey) Regulations 201-.  P.57/2015. Lodged: 22nd May 2015.

Minister for Treasury and Resources.

Chief Officer of the States of Jersey Police Force: re-appointment.  P.70/2015. Lodged: 8th July 2015.

Minister for Home Affairs. (Consideration in camera'.)

Red Houses Car Park: lease.  P.73/2015. Lodged: 14th July 2015.

Deputy M. Tadier of St. Brelade .

Same-sex marriage, divorce and dissolution.  P.77/2015. Lodged: 14th July 2015.

Chief Minister.

Draft International Criminal Court (Amendment) (Jersey) Law 201-.  P.86/2015. Lodged: 3rd August 2015.

Chief Minister.

Draft Criminal Justice (Miscellaneous Provisions) (Jersey) Law 201-.  P.87/2015. Lodged: 4th August 2015.

Chief Minister.

Draft Dentistry (Jersey) Law 201-.  P.89/2015. Lodged: 10th August 2015.

Minister for Health and Social Services.

Ratification of the Agreement between the Government of Jersey and the Republic of  P.90/2015. Rwanda for the avoidance of double taxation and the prevention of fiscal evasion with

respect to taxes on income.

Lodged: 11th August 2015.

Minister for External Relations.

Draft Taxation (Double Taxation) (Amendment No. 3) (Jersey) Regulations 201-.  P.91/2015. Lodged: 11th August 2015.

Minister for External Relations.

Ratification of the Agreement between the Government of Jersey and the Government  P.93/2015. of the Republic of Korea on the exchange of information relating to tax matters.

Lodged: 11th August 2015.

Minister for External Relations.

Draft Licensing (Licence Fees) (Jersey) Regulations 201-.  P.94/2015. Lodged: 11th August 2015.

Minister for Economic Development.

Greffier of the States: consent to appointment.  P.101/2015. Lodged: 25th August 2015.

Privileges and Procedures Committee. (Consideration in camera'.)

Draft Act annulling the Income Support (General Provisions) (Amendment No. 17)  P.106/2015. (Jersey) Order 2015.

Lodged: 28th August 2015.

Deputy G.P. Southern of St. Helier .

5th October 2015

Medium Term Financial Plan 2016 – 2019.  P.72/2015. Lodged: 14th July 2015.

Council of Ministers.

Medium Term Financial Plan 2016 – 2019 (P.72/2015) – addendum.  P.72/2015. Presented: 15th July 2015.  Add. Council of Ministers.

Medium Term Financial Plan 2016 – 2019 (P.72/2015) – draft annex.  P.72/2015. Presented: 24th July 2015.  Add.(2) Council of Ministers.

Medium Term Financial Plan 2016 – 2019 (P.72/2015) – amendment.  P.72/2015. Lodged: 7th September 2015.  Amd. Council of Ministers.

Strategic Reserve Fund: funding for Independent Jersey Care Inquiry and transfers  P.76/2015. from and to the Consolidated Fund.

Lodged: 14th July 2015.

Minister for Treasury and Resources.

Strategic Reserve Fund: funding for Independent Jersey Care Inquiry and transfers  P.76/2015. from and to the Consolidated Fund (P.76/2015) – amendment.  Amd. Lodged: 7th September 2015.

Minister for Treasury and Resources.

Independent Jersey Care Inquiry: amendment to Medium Term Financial Plan  P.75/2015. 2013 – 2015.

Lodged: 14th July 2015.

Council of Ministers.

Independent Jersey Care Inquiry: amendment to Medium Term Financial Plan  P.75/2015. 2013 – 2015 (P.75/2015) – amendment.  Amd. Lodged: 7th September 2015.

Council of Ministers.

Draft Christmas Bonus (Repeal) (Jersey) Law 201-.  P.102/2015. Lodged: 25th August 2015.

Minister for Social Security.

Draft Income Support (Miscellaneous Provisions No. 2) (Jersey) Regulations 201-.  P.103/2015. Lodged: 25th August 2015.

Minister for Social Security.

Draft Social Security (Television Licence Benefit) (Jersey) Regulations 201-.  P.104/2015. Lodged: 25th August 2015.

Minister for Social Security.

Draft Social Security (Amendment of Law No. 9) (Jersey) Regulations 201-.  P.105/2015. Lodged: 25th August 2015.

Minister for Social Security.

Ratification of the Agreement between the Government of Jersey and the Government  P.95/2015. of the Republic of Seychelles for the avoidance of double taxation and the prevention

of fiscal evasion with respect to taxes on income.

Lodged: 12th August 2015.

Minister for External Relations.

20th October 2015

Draft States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers)  P.46/2015. (Jersey) Regulations 201-.  (re-issue) Lodged: 6th May 2015.

Chief Minister.

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 .

3rd November 2015

Draft Public Employees (Pension Scheme) (Administration) (Jersey) Regulations  P.96/2015. 201-.

Lodged: 17th August 2015.

States Employment Board.

Draft Public Employees (Pension Scheme) (Funding and Valuation) (Jersey)  P.97/2015. Regulations 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.

Draft Public Employees (Pensions) (Jersey) Law 2014 (Appointed Day) Act 201-. P.100/2015. Lodged: 18th August 2015.

States Employment Board.

Her Majesty Queen Elizabeth II – longest-reigning British monarch

The Bailiff advised the Assembly that correspondence had been sent to Her Majesty Queen Elizabeth II 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. Members expressed their loyal congratulations in the customary manner.

THE STATES rose at 5.58 p.m.

L.M. HART Deputy Greffier of the States