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States Minutes 12th July 2016

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THE STATES assembled on Tuesday Tuesday 12th July 2016, 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 Lyndon John Farnham – absent on States business (arrived in the Chamber at 10.00 a.m.) Senator  Sir  Philip  Martin   Bailhache  absent  on  States  business  (arrived  in  the  Chamber  at 9.45 a.m.) Deputy John Alexander Nicholas Le Fondré of St. Lawrence ill

Deputy Montfort Tadier of St. Brelade – en défaut (défaut raised at 9.46 a.m.)

Deputy Kristina Louise Moore of St. Peter – excused attendance

Deputy Richard John Rondel of St. Helier – en défaut

Deputy Scott Michael Wickenden of St. Helier – absent on States business

 __________________

Prayers

 __________________

Resignation of Senator Zoe Ann Cameron

The   Deputy   Bailiff ,  in  accordance  with Article 12 of the  States of Jersey Law 2005, advised the Assembly that he had received notice in writing signed by Senator Zoe Ann Cameron, advising of her resignation from office.

Subordinate enactments tabled

The following enactments were tabled, namely –

EU Legislation (Sanctions – North Korea) (Amendment No. 2) (Jersey) Order 2016. R&O.71/2016. Minister for External Relations.

Sea Fisheries (Bag Limits) (Jersey) Order 2016. R&O.72/2016. Minister for the Environment.

Documents presented or laid

Outsourcing policy: safeguards (P.63/2016) – comments.  P.63/2016. Presented: 12th July 2016.  Com. States Employment Board.

Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016): addendum  P.68/2016. (Annex to the MTFP Addition). Add. Presented: 5th July 2016.

Council of Ministers.

Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016): second  P.68/2016. addendum (Distributional analysis of the MTFP proposals). Add.(2) Presented: 5th July 2016.

Council of Ministers.

Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016): third  P.68/2016. addendum (IFG Income Tax Forecast note – May 2016). Add.(3) Presented: 5th July 2016.

Council of Ministers.

Jersey Financial Services Commission: Annual Report and Accounts 2015. R.74/2016. Presented: 4th July 2016.

Chief Minister.

States of Jersey Complaints Board: findings – complaint against the States' Employment  R.75/2016. Board regarding the withdrawal of an offer of employment to the position of Consultant Ophthalmologist.

Presented: 4th July 2016.

Privileges and Procedures Committee.

Land Transactions under Standing Order 168(3) – R.76/2016.

  1. Summerland site – disposal to Andium Homes;
  2. Mount View, Bellozanne Road, St. Helier – Assisted House Purchase Scheme – sale;
  3. Le Belon, 2 Le Clos Vallois, Le Passage, St. Lawrence – Assisted House Purchase

Scheme – sale;

  1. Land upon which the Geoff Reed Table Tennis Centre has been constructed,

F.B. Fields, St. Clement – ground lease.

Presented: 5th July 2016.

Minister for Infrastructure.

Meetings of the States in 2017. R.77/2016. Presented: 7th July 2016.

Privileges and Procedures Committee.

Andium Homes: Annual Report 2015.  R.78/2016. Presented: 12th July 2016.

Minister for Treasury and Resources.

Zero-Hour Contracts.  S.R.3/2016. Presented: 11th July 2016.

Health and Social Security Scrutiny Panel.

Notification of lodged propositions

States' approval of Assistant Ministers' appointments (P.53/2016): amendment. P.53/2016. Lodged: 6th July 2016.  Amd. Chief Minister.

Draft Medium Term Financial Plan Addition for 2017 – 2019. P.68/2016. Lodged: 30th June 2016.

Council of Ministers.

Jersey Competition Regulatory Authority: appointment of Chairman.  P.69/2016. Lodged: 8th July 2016.

Chief Minister.

Withdrawal of lodged propositions

THE STATES noted that, in accordance with Standing Order 34(1), the proposer of the following proposition lodged "au Greffe" had informed the Greffier of the States that it had been withdrawn –

States of Jersey Law 2005: proposal to amend bankruptcy provisions. P.55/2016. Lodged 24th May 2016,

Deputy M.R. Higgins of St. Helier

Written Questions

(see Official Report/Hansard)

9540  1. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy

J.M. Maçon of St. Saviour regarding departmental underspends.

9541  2. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy

S.Y. Mézec of St. Helier regarding budgeted expenditure for promotion of the Draft Medium Term Financial Plan Addition 2017 – 2019.

9542  3. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy

S.Y. Mézec of St. Helier regarding revenue to be raised by the proposed health charge.

9543  4. The Minister for Education tabled an answer to a question asked by Deputy S.Y. Mézec of

St. Helier regarding the proposed reduction in salaries for newly-qualified teachers.

9544  5. The Minister for Education tabled an answer to a question asked by Deputy M. Tadier of

St. Brelade regarding user-pays' charges in respect of the Jersey Music Service.

9545  6. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer to a

question asked by Deputy M. Tadier of St. Brelade regarding a proposed reduction in grants for culture.

9546  7. The Minister for Education tabled an answer to a question asked by Deputy M. Tadier of

St. Brelade regarding proposed library services savings.

9547  8. The Minister for the Environment tabled an answer to a question asked by Deputy M. Tadier of

St. Brelade regarding user-pays' charges detailed in the Draft Medium Term Financial Plan Addition 2017 – 2019.

9548  9. The Minister for Home Affairs tabled an answer to a question asked by Deputy G.P. Southern of

St. Helier regarding changes to the States of Jersey Police detailed in the Draft Medium Term Financial Plan Addition 2017 – 2019.

9549  10. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier

regarding negotiations in respect of proposals to reduce newly-qualified teachers' salaries.

9550  11. The Minister for Education tabled an answer to a question asked by Deputy G.P. Southern of

St. Helier regarding proposals to reduce maintenance grants for degrees undertaken in Jersey. 9551  12. The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern

of St. Helier regarding reductions in Back to Work' services.

9552  13. The Minister for Health and Social Services tabled an answer to a question asked by Deputy

G.P. Southern of St. Helier regarding savings proposals in the Draft Medium Term Financial Plan Addition 2017 – 2019.

9553  14. The Minister for Home Affairs tabled an answer to a question asked by Deputy M.R. Higgins of

St. Helier regarding Operation Rectangle.

9554  15. The Minister for Home Affairs tabled an answer to a question asked by Deputy M.R. Higgins of

St. Helier regarding the response of the former Chief Officer of the States of Jersey Police to the Wiltshire Report.

9556  16. The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier

regarding net inward migration.

9557  17. The Minister for Education tabled an answer to a question asked by Deputy M.R. Higgins of

St. Helier regarding children who started school in 2015.

Oral Questions

(see Official Report/Hansard)

9560  1. Deputy K.C. Lewis of St. Saviour asked a question of the Minister for Education regarding

proposed reductions in pay for newly qualified teachers.

9561  2. Deputy A.D. Lewis of St. Helier asked a question of the Chief Minister regarding the process

for the redemption of business loyalty points under the States' travel policy.

9563  3. Deputy M.R. Higgins of St. Helier asked a question of the Assistant Chief Minister regarding

the number of firms with passporting' rights to establish a presence in another country in the European Union.

9565  4. Deputy G.P. Southern of St. Helier asked a question of the Minister for Education regarding the

proposed increase in revenue spend on nursery, primary, secondary and higher education.

9558  5. The Deputy of St. Mary asked a question of the Minister for Treasury and Resources regarding

the liability of non-resident property owners to pay Jersey tax.

9562  6. Deputy A.D. Lewis of St. Helier asked a question of the Assistant Minister for Economic

Development, Tourism, Sport and Culture regarding Active Card membership for those aged over 80.

9559  7. The Deputy of St. Mary asked a question of the Minister for Social Security regarding the

possibility of means-testing the maternity grant available to new parents.

9564  8. Deputy M.R. Higgins of St. Helier asked a question of the Assistant Chief Minister regarding the growth in net inward migration of registered people from January 2013 to 2015.

9566  9. Deputy G.P. Southern of St. Helier asked a question of the Minister for Treasury and Resources

regarding the impact on the economic outlook of the UK decision to leave the European Union.

Oral Questions without notice (see Official Report/Hansard)

The Minister for Treasury and Resources answered questions without notice from members. The Minister for Education answered questions without notice from members.

Urgent Oral Questions

(see Official Report/Hansard)

Deputy R. Labey of St. Helier asked the following question of the Chief Minister which the Bailiff had allowed in accordance with Standing Order 15 relating to urgent oral questions –

"Given the immediate rejection of the States Complaints Board's recent findings by the States' Employment Board and the Minister for Health and Social Services what confidence can we have that States Departments will be reviewing those findings with open-mindedness or that any member of society would in future have any desire to sit on the States Complaints Board?"

Deputy G.P. Southern of St. Helier asked the following question of the Minister for Health and Social Services which the Bailiff had allowed in accordance with Standing Order 15 relating to urgent oral questions –

"Given the recent statement from the States Complaints Board in relation to his and the States' Employment Board's immediate reaction to its findings, would the Minister assure members that he will be conducting a thorough review of the complaint made by Mr. A. Alwitry with the same degree of open-mindedness with which the findings were made?"

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

The Chairman of the Health and Social Security Scrutiny Panel made a statement regarding the Panel's report on Zero-Hour Contracts (S.R.3/2016).

Draft Double Taxation Relief (Arrangement with the United Kingdom) (Jersey) Act 201- P.51/2016

THE STATES commenced consideration of the Draft Double Taxation Relief (Arrangement with the United Kingdom) (Jersey) Act 201- and, adopting an amendment of the Minister for External Relations, agreed  that  for  the  words  "first  entered  into  in  1952  between  His  Majesty  King  George V's Government"  there  should  be  substituted  the  words "entered  into in 1952 between  Her Majesty's Government".

THE STATES, in pursuance of Article 111 of the Income Tax (Jersey) Law 1961, made the Double Taxation Relief (Arrangement with the United Kingdom) (Jersey) Act 2016.

Arrangement of public business for the present meeting

THE STATES, adopting a proposition of the Chief Minister in accordance with Standing Order 26(7), agreed to reduce the minimum lodging period in respect of his amendment to the proposition entitled States' approval of Assistant Ministers' appointments' (P.53/2016) in order that the matter could be considered as the next item of public business.

Members present voted as follows –

POUR: 36   CONTRE: 2  ABSTAIN: 0

Senator P.F. Routier   Deputy M. Tadier (B) Senator P.F.C. Ozouf   Deputy S.Y. Mézec (H) Senator I.J. Gorst

Senator L.J. Farnham

Senator A.K.F. Green Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville 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 of Trinity

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

Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy A.D. Lewis (H) Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Bree (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)

States' approval of Assistant Ministers' appointments P.53/2016

THE STATES commenced consideration of a proposition of Deputy Judith Ann Martin of St. Helier entitled States' approval of Assistant Ministers' appointments' (P.53/2016) and, adopting an amendment of the Chief Minister, agreed that –

In paragraph (a) –

  1. For the words "States of Jersey Law 2005 should be amended as necessary to provide", there should be substituted the words "Chief Minister should consider further improvements to the machinery of government, including proposals".
  2. After paragraph (iii) there should be inserted the following new paragraphs –

"(iv) the roles of Assistant Ministers and the work of those Members undertaking these

roles be further enhanced;

(v)  the process for allocating portfolios to Ministers and delegated responsibilities to Assistant Ministers be improved;".

In paragraph (b) –

  1. After the words "for approval" there should be inserted the words "within the next 6 months".
  2. After the words "give effect to the proposals" there should be inserted the words ", consulting with the Privileges and Procedures Committee as necessary".

THE STATES resumed consideration of the proposition of Deputy Judith Ann Martin of St. Helier entitled States' approval of Assistant Ministers' appointments' (P.53/2016), as amended and agreed –

  1. that the Chief Minister should consider further improvements to the machinery of government, including proposals that –
  1. the Chief Minister must obtain the States' approval of the appointment of his or her Assistant Minister(s);
  2. the States' approval should be obtained for the appointment of Assistant Ministers at the same time as the relevant Minister;
  3. before dismissing an Assistant Minister, a Minister must obtain the Chief Minister's consent;
  4. the roles of Assistant Ministers and the work of those Members undertaking these roles be further enhanced;
  5. the process for allocating portfolios to Ministers and delegated responsibilities to Assistant Ministers be improved;
  1. to request the Chief Minister to bring forward for approval within the next 6 months the necessary amendments to the States of Jersey Law 2005 to give effect to the proposals, consulting with the Privileges and Procedures Committee as necessary.

Members present voted as follows –

POUR: 28 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin Connétable of St. Saviour Connétable of Trinity Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy J.A. Hilton (H) Deputy K.C. Lewis (S) 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 of St. Ouen Deputy L.M.C. Doublet (S) 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 Public Elections (Amendment No. 6) (Jersey) Law 201- P.52/2016

THE STATES commenced consideration of the  Draft Public Elections (Amendment No. 6) (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 and 2.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Public Elections (Amendment No. 6) (Jersey) Law 201-.

Members present voted as follows –

POUR: 33 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier 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. Mary Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin Connétable of St. Saviour Connétable of Trinity Deputy J.A. Martin (H) Deputy G.P. Southern (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 S.Y. Mézec (H) Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy S.M. Bree (C) Deputy M.J. Norton (B) Deputy T.A. McDonald (S) Deputy of St. Mary Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)

Draft Health Insurance (Amendment No. 15) (Jersey) Law 201- P.58/2016

THE STATES commenced consideration of the Draft Health Insurance (Amendment No. 15) (Jersey) Law 201- and adopted the principles.

Members present voted as follows –

POUR: 36 CONTRE: 0 ABSTAIN: 0

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

Deputy L.M.C. Doublet (S) Deputy S.M. Bree (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 Articles 1 to 18.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Health Insurance (Amendment No. 15) (Jersey) Law 201-.

Draft Unlawful Public Entertainments (Jersey) Regulations 201- P.56/2016

THE STATES commenced consideration of the  Draft Unlawful Public Entertainments (Jersey) Regulations 201- and adopted the principles.

Members present voted as follows –

POUR: 32 CONTRE: 2 ABSTAIN: 0

Senator P.F. Routier Senator P.M. Bailhache Senator A.K.F. Green Connétable of St. Helier Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville 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 A.D. Lewis (H) Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Bree (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)


Deputy M. Tadier (B)

Deputy S.Y. Mézec (H)

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 the Order in Council dated 14th April 1884, made Regulations entitled the Unlawful Public Entertainments (Jersey) Regulations 2016.

Arrangement of public business for the present meeting

THE STATES, adopting a proposition of the Minister for External Relations, agreed, in accordance with Standing Order 87(2)(a), that the order in which propositions were to be debated at the present meeting be altered, in order that the proposition lodged by the Chief Minister entitled Draft Advocates and Solicitors  (Amendment No. 6) (Jersey) Law 201-' (P.57/2016) could be taken as the next item of business.

Draft Advocates and Solicitors (Amendment No. 6) (Jersey) Law 201- P.57/2016

THE STATES commenced consideration of the Draft Advocates and Solicitors (Amendment No. 6) (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 Advocates and Solicitors (Amendment No. 6) (Jersey) Law 201-.

Draft Income Support (Amendment No. 14) (Jersey) Regulations 201- P.59/2016

THE STATES commenced consideration of the Draft Income Support (Amendment No. 14) (Jersey) Regulations 201- and adopted the principles.

Members present voted as follows –

POUR: 36 CONTRE: 3 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator I.J. Gorst

Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Connétable of St. 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. Hilton (H) Deputy of Trinity

Deputy K.C. Lewis (S) Deputy E.J. Noel (L) Deputy of St. John

Deputy M.R. Higgins (H) Deputy J.M. Maçon (S)


Deputy G.P. Southern (H) Deputy M. Tadier (B)

Deputy S.Y. Mézec (H)

Deputy S.J. Pinel (C) Deputy of St. Martin Deputy R.G. Bryans (H) Deputy A.D. Lewis (H) Deputy of St. Ouen Deputy L.M.C. Doublet (S) 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.

Members present voted as follows –

POUR: 35 CONTRE: 3 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator I.J. Gorst

Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Connétable of St. 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. Hilton (H) Deputy of Trinity

Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy E.J. Noel (L) Deputy of St. John

Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy R.G. Bryans (H) Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy M.J. Norton (B) Deputy T.A. McDonald (S) Deputy of St. Mary

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


Deputy G.P. Southern (H) Deputy M.R. Higgins (H) Deputy S.Y. Mézec (H)

THE STATES, in pursuance of Articles 5 and 18 of the Income Support (Jersey) Law 2007, made Regulations entitled the Income Support (Amendment No. 14) (Jersey) Regulations 2016.

Members present voted as follows –

POUR: 34 CONTRE: 4 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator I.J. Gorst

Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Connétable of St. 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. Hilton (H) Deputy of Trinity

Deputy K.C. Lewis (S) Deputy E.J. Noel (L) Deputy of St. John

Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy R.G. Bryans (H) Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy M.J. Norton (B) Deputy T.A. McDonald (S) Deputy of St. Mary

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


Deputy G.P. Southern (H) Deputy M. Tadier (B)

Deputy M.R. Higgins (H) Deputy S.Y. Mézec (H)

Draft Income Support (Special Payments) (Amendment No. 2) (Jersey) Regulations 201- P.60/2016

THE STATES commenced consideration of the Draft Income Support (Special Payments) (Amendment No. 2) (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 Articles 8 and 18 of the Income Support (Jersey) Law 2007,  made Regulations entitled the Income Support (Special Payments) (Amendment No. 2) (Jersey) Regulations 2016.

Members present voted as follows –

POUR: 33   CONTRE: 0  ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator I.J. Gorst

Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Clement Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of St. John Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville Deputy J.A. Hilton (H) 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 of St. Ouen

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

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

Draft Social Security (Health Bonus Scheme) (Jersey) Regulations 201- P.61/2016

THE STATES commenced consideration of the Draft Social Security (Health Bonus Scheme) (Jersey) Regulations 201- and adopted the principles.

Members present voted as follows –

POUR: 33   CONTRE: 0  ABSTAIN: 0

Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator I.J. Gorst Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Helier

Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of St. John Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville Deputy J.A. Hilton (H) 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 R.G. Bryans (H) Deputy S.Y. Mézec (H) Deputy of St. Ouen Deputy R. Labey (H) Deputy S.M. Brée (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 12.

THE STATES, in pursuance of Article 2 of the Social Security (Bonus) (Jersey) Law 2014,  made Regulations entitled the Social Security (Health Bonus Scheme) (Jersey) Regulations 2016.

Outsourcing policy: safeguards P.63/2016

THE STATES, adopting a proposition of Deputy Geoffrey Peter Southern of St. Helier , agreed –

  1. to request the Chief Minister to ensure that the safeguards listed in paragraphs 17 and 20 of the report dated 4th May 1999 of the then Policy and Resources Committee, and adopted by the States on 22nd June 1999 in P.59/1999, Outsourcing Policy, should apply to current and future outsourcing activity; and
  2. to charge the Chief Minister, in consultation with the States' Employment Board and employee representatives, to establish a common framework within which all departments should determine their outsourcing arrangements, based on the principles outlined in paragraphs (a) to (h) of the report accompanying his proposition.

Members present voted as follows –

POUR: 33 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator A.J.H. Maclean

Senator I.J. Gorst

Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Helier Connétable of St. Clement Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. Saviour Deputy G.P. Southern (H) Deputy of Grouville Deputy J.A. Hilton (H) Deputy of Trinity

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 R.G. Bryans (H) Deputy S.Y. Mézec (H) Deputy of St. Ouen 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)

Arrangement of public business for the present meeting

THE STATES, adopting a proposition of the Chief Minister in accordance with Standing Order 26(7), agreed to reduce the minimum lodging period in respect of his amendment to the proposition entitled Data Protection Commissioner: re-appointment' (P.65/2016), in order that the matter could be considered at the present meeting.

Members present voted as follows –

POUR: 36 CONTRE: 4 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator I.J. Gorst

Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Brelade


Deputy G.P. Southern (H) Deputy M. Tadier (B)

Deputy S.Y. Mézec (H)

Deputy T.A. McDonald (S)

Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H) Deputy J.A. Hilton (H) Deputy of Trinity

Deputy K.C. Lewis (S) 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 R.G. Bryans (H) Deputy A.D. Lewis (H) Deputy of St. Ouen Deputy R. Labey (H) Deputy S.M. Brée (C) Deputy M.J. Norton (B) Deputy of St. Mary Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)

THE STATES, adopting a proposition of the Chief Minister in accordance with Standing Order 87(1), agreed to consider the reduction of the minimum lodging period in respect of the proposition entitled Jersey Competition Regulatory Authority: appointment of Chairman' (P.69/2016) (in order that it could be considered at the present meeting) as the next item of public business.

Members present voted as follows –

POUR: 29 CONTRE: 12 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator I.J. Gorst Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Helier Connétable of St. Peter Connétable of St. Ouen Connétable of St. Brelade Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy of Grouville Deputy J.A. Hilton (H) 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


Connétable of St. Mary

Connétable of St. Martin

Connétable of St. Saviour

Deputy J.A. Martin (H)

Deputy G.P. Southern (H) Deputy M. Tadier (B)

Deputy M.R. Higgins (H)

Deputy J.M. Maçon (S)

Deputy S.Y. Mézec (H)

Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy of St. Mary

Deputy R.G. Bryans (H) Deputy A.D. Lewis (H) Deputy R. Labey (H) Deputy S.M. Bree (C) Deputy M.J. Norton (B) Deputy T.A. McDonald (S) Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)

THE STATES, adopting a proposition of the Chief Minister in accordance with Standing Order 26(7), agreed to reduce the minimum lodging period in respect of the proposition entitled Jersey Competition Regulatory Authority: appointment of Chairman' (P.69/2016), in order that the matter could be considered at the present meeting.

Members present voted as follows –

POUR: 30 CONTRE: 8 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator I.J. Gorst

Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy of Grouville Deputy J.A. Hilton (H) Deputy of Trinity

Deputy E.J. Noel (L) Deputy of St. John Deputy S.J. Pinel (C) Deputy of St. Martin Deputy R.G. Bryans (H) Deputy A.D. Lewis (H) Deputy of St. Ouen 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)


Connétable of St. Martin Connétable of St. Saviour Deputy J.A. Martin (H)

Deputy G.P. Southern (H) Deputy M. Tadier (B)

Deputy M.R. Higgins (H) Deputy J.M. Maçon (S)

Deputy S.Y. Mézec (H)

Data Protection Commissioner: re-appointment P.65/2016

THE STATES commenced consideration of a proposition of the Chief Minister entitled Data Protection Commissioner: re-appointment' (P.65/2016).

Arrangement of public business for the present meeting

THE STATES, adopting a proposition of Senator Philip Francis Cyril Ozouf , agreed that the States should not adjourn, but should continue that day's meeting to conclude its consideration of the propositions entitled Data Protection Commissioner: re-appointment' (P.65/2016) and Jersey Competition Regulatory Authority: appointment of Chairman' (P.69/2016).

Members present voted as follows –

POUR: 31 CONTRE: 8 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator I.J. Gorst

Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Peter 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. 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 A.D. Lewis (H) Deputy of St. Ouen Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Bree (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)


Connétable of St. Clement Connétable of St. Mary

Connétable of St. Brelade Deputy G.P. Southern (H) Deputy of Grouville

Deputy M. Tadier (B)

Deputy M.R. Higgins (H) Deputy S.Y. Mézec (H)

Data Protection Commissioner: re-appointment P.65/2016

THE STATES resumed consideration of a proposition of the Chief Minister entitled Data Protection Commissioner: re-appointment' (P.65/2016).

THE STATES, having commenced consideration of a proposition of Deputy Montfort Tadier of St. Brelade that, in accordance with Standing Order 81, the Assembly should move to consider the matter in camera', acceded to his request to withdraw the proposition.

THE STATES, adopting a proposition of the Chief Minister, re-appointed Mrs. Emma Martins as Data Protection Commissioner for a further period up to 31st December 2018, pursuant to Article 6 and Schedule 5 of the Data Protection (Jersey) Law 2005.

Members present voted as follows –

POUR: 30   CONTRE: 3  ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator I.J. Gorst

Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Clement Connétable of St. Peter Connétable of St. Mary 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. 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 A.D. Lewis (H) Deputy of St. Ouen Deputy S.M. Brée (C) Deputy M.J. Norton (B) Deputy of St. Mary Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)


  Deputy M.R. Higgins (H)

  Deputy S.Y. Mézec (H)

  Deputy T.A. McDonald (S)

Jersey Competition Regulatory Authority: appointment of Chairman P.69/2016

THE STATES, adopting a proposition of the Chief Minister, agreed, in accordance with Article 3(1)(a) of the Competition Regulatory Authority (Jersey) Law 2001, to appoint Mr. Michael O'Higgins as a member and non-executive Chairman of the Jersey Competition Regulatory Authority for a period of 3 years, with immediate effect.

Members present voted as follows –

POUR: 33   CONTRE: 1  ABSTAIN: 0 Senator P.F. Routier   Deputy J.M. Maçon (S)

Senator P.F.C. Ozouf

Senator A.J.H. Maclean

Senator I.J. Gorst

Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Clement Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of Grouville 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 M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy R.G. Bryans (H) Deputy A.D. Lewis (H) Deputy of St. Ouen Deputy L.M.C. Doublet (S) 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)

Mrs. Belinda Pugh – farewell

The Chairman of the Privileges and Procedures Committee, on behalf of all members, extended the Assembly's appreciation and best wishes to Mrs. Belinda Pugh, States Greffe Hansard log-note administrator, who was present in the Chamber for the last time after 14 years working for the Greffe.

Arrangement of public business for future meetings

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) –

13th September 2016

Draft Former La Motte Street School (Validation and Abrogation of Covenants) P.9/2016. (Jersey) Law 201-.

Lodged: 17th February 2016, Minister for Infrastructure.

Draft Jersey Appointments Commission (Miscellaneous Amendments) (Jersey)  P.50/2016. Law 201-.

Lodged: 19th May 2016, States Employment Board.

Bailiff of Jersey: cessation of dual role and the appointment of an elected  P.54/2016. Speaker of the States.

Lodged: 24th May 2016, Deputy M. Tadier of St. Brelade .

Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of  P.54/2016. the States (P.54/2016) – comments. Com. Presented: 22nd June 2016, Privileges and Procedures Committee.

Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of  P.54/2016. the States (P.54/2016) – comments. Com.(2) Presented: 27th June 2016, H.M. Attorney General.

Draft Air Navigation (Amendment) (Jersey) Law 201-. P.64/2016. Lodged: 17th June 2016, Minister for External Relations.

Draft Policing of Parks (Amendment No. 6) (Jersey) Regulations 201-.  P.66/2016. Lodged: 23rd June 2016, Minister for Infrastructure.

Ratification of the Agreement between the Government of Jersey and the  P.67/2016. Government of the United Arab Emirates for the avoidance of double taxation

and the prevention of fiscal evasion with respect to taxes on income.

Lodged: 24th June 2016, Minister for External Relations.

26th September 2016

(Sitting to commence at 2.30 p.m. on Monday 26th September 2016. Consideration of Public Business to commence at 9.30 a.m. on 27th September 2016.)

Draft Medium Term Financial Plan Addition for 2017 – 2019. P.68/2016. Lodged: 30th June 2016, Council of Ministers.

Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016): addendum P.68/2016. (Annex to the MTFP Addition). Add. Presented: 5th July 2016, Council of Ministers.

Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016): second  P.68/2016. addendum (Distributional analysis of the MTFP proposals). Add.(2) Presented: 5th July 2016, Council of Ministers.

Draft Medium Term Financial Plan Addition for 2017 – 2019 (P.68/2016): third  P.68/2016. addendum (IFG Income Tax Forecast note – May 2016). Add.(3) Presented: 5th July 2016, Council of Ministers.

THE STATES rose at 6.17 p.m.

DR. M. EGAN Greffier of the States