States Assembly | States Minutes 22nd March 2016

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THE STATES assembled on Tuesday 22nd March 2016, at 09.30 a.m. under the Presidency of the Deputy Bailiff , Timothy John Le Cocq , Esquire.

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His Excellency the Lieutenant Governor, General Sir John McColl, K.C.B., C.B.E., D.S.O. was present.

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All members were present at roll call with the exception of –

Senator Alan John Henry Maclean – en défaut (défaut raised at 9.42 a.m.) Deputy Murray Julian Norton of St. Brelade – absent on States business

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Prayers

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H.R.H. The Duke of Kent – visit

The Bailiff advised the Assembly that His Royal Highness The Duke of Kent would visit the Island on 11th May 2016 in his role as President of the Royal National Lifeboat Institution, in order to undertake an inspection of the lifeboat stations in St. Catherine and St. Helier and to visit the lifeguard unit in St. Ouen 's Bay.

Tribute to the late Mr. Donald George Filleul, O.B.E., former member of the States

The Bailiff paid tribute to the late Mr. Donald George Filleul, O.B.E., former Deputy of St. Helier No. 1.

Tribute to the late Mr. Francis Hamon, O.B.E., former Deputy Bailiff and President of the States

The Bailiff paid tribute to the late Mr. Francis Hamon, O.B.E., former Deputy Bailiff and President of the States.

The States observed one minute's silence as a mark of respect for both of the deceased.

Subordinate enactments tabled

The following enactments were tabled, namely –

EU Legislation (Sanctions – Belarus) (Amendment No. 2) (Jersey) Order 2016. R&O.28/2016. Minister for External Relations.

Diseases of Animals (African Horse Sickness) (Jersey) Order 2016. R&O.29/2016. Minister for the Environment.

Veterinary Surgeons (Fees) (Jersey) Order 2016. R&O.30/2016. Minister for the Environment.

Companies (Transfers of Shares – Exemptions) (Amendment) (Jersey) Order 2016. R&O.31/2016. Assistant Chief Minister.

Documents presented or laid

Public Elections: electronic voting (P.10/2016) – comments. P.10/2016. Presented: 17th March 2016. Com. Comité des Connétable s.

La Collette Low Rise Development: direction to Andium Homes Ltd. (P.139/2015) – P.139/2015. comments. Com. Presented: 21st March 2016.

Council of Ministers.

Land Transactions under Standing Order 168(3) – 23–26 Beresford Street Market, R.22/2016. Beresford Street, St. Helier – lease.

Presented: 9th March 2016.

Minister for Infrastructure.

Director of Civil Aviation: Annual Report 2015. R.23/2016. Presented: 10th March 2016.

Minister for External Relations.

Land Transactions under Standing Order 168(3) – St. Aubin's Tunnels, Mont Les R.24/2016. Vaux, St. Brelade – Jersey Air Rifle Club – proposed 9 year lease.

Presented: 15th March 2016.

Minister for Infrastructure.

Arrangements for Freedom of Information. R.25/2016. Presented: 17th March 2016.

Comptroller and Auditor General.

Draft Bank (Recovery and Resolution) (Jersey) Law 201-: Consultation Paper. R.26/2016. Presented: 22nd March 2016.

Chief Minister.

Fiscal Policy Panel: appointment of member. R.27/2016. Presented: 22nd March 2016.

Minister for Treasury and Resources.

Land Transactions under Standing Order 168(3) – sale of former St. Aubin's Market, R.28/2016. St. Brelade .

Presented: 22nd March 2016.

Minister for Infrastructure.

Staff Recruitment and Retention at the Hospital. S.R.1/2016. Presented: 21st March 2016.

Health and Social Security Scrutiny Panel.

Notification of lodged propositions

Public Elections: electronic voting (P.10/2016) – amendment. P.10/2016. Lodged: 14th March 2016. Amd. Privileges and Procedures Committee.

Public Elections: electronic voting (P.10/2016) – amendment (P.10/2016 Amd.) – P.10/2016. amendment. Amd.Amd. Lodged: 16th March 2016.

Deputy G.P. Southern of St. Helier .

Commissioners of Appeal for Taxes: appointment. P.22/2016. Lodged: 11th March 2016.

Minister for Treasury and Resources.

Draft Protection of Children (Nicotine Inhaling Products) (Jersey) Regulations 201-. P.23/2016. Lodged: 11th March 2016.

Minister for Health and Social Services.

Draft Motor Vehicle Registration (Amendment No. 5) (Jersey) Law 201-. P.24/2016. Lodged: 14th March 2016.

Minister for Infrastructure.

Draft Dormant Bank Accounts (Jersey) Law 201-. P.25/2016. Lodged: 15th March 2016.

Chief Minister.

Draft Extradition (Amendment) (Jersey) Law 201-. P.26/2016. Lodged: 15th March 2016.

Chief Minister.

Draft Connétable s (Miscellaneous Provisions – Consequential Amendments) (No. 2) P.27/2016. (Jersey) Regulations 201-.

Lodged: 16th March 2016.

Comité des Connétable s.

Draft Rates (Amendment) (Jersey) Law 201-. P.28/2016. Lodged: 17th March 2016.

Comité des Connétable s.

Outsourcing. P.29/2016. Lodged: 18th March 2016.

Deputy G.P. Southern of St. Helier .

Draft Financial Regulation (Miscellaneous Provisions No. 4) (Jersey) Law 201-. P.30/2016. Lodged: 22nd March 2016.

Chief Minister.

Westaway Donations Council: appointment of member. P.31/2016. Lodged: 22nd March 2016.

Minister for Health and Social Services.

Written Questions

(see Official Report/Hansard)

The Chief Minister tabled an answer to a question asked by the Deputy of St. John regarding the cost of consultants and advisers.
The Minister for Social Security tabled an answer to a question asked by the Deputy of St. John regarding Back to Work schemes.

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

St. John regarding the 2009 Economic Stimulus Plan.

The Minister for Housing tabled an answer to a question asked by the Deputy of St. John regarding the assistance provided to Islanders who wished to buy their own homes.
The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the defence of defamatory statements.
The Minister for Treasury and Resources tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the consumer satisfaction ranking of JT.
The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the renewal of the fuel farm lease.
The Minister for Social Security tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the qualifications of the unemployed.
The Minister for Infrastructure tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the categorisation of the Department's workforce.
The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the effect of the outsourcing of public sector jobs on departmental budgets.
The Minister for Infrastructure tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding redundancy estimates.
The Minister for Social Security tabled an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding the timetable for proposals for work-based pensions.
The Minister for Social Security tabled an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding the timetable for proposals to assist the self-employed.
The Minister for Treasury and Resources tabled an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding the proposed introduction of a health tax.
The Minister for Infrastructure tabled an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding proposals for an additional waste charge.
The Chief Minister tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding plane journeys taken by senior civil servants.
The Minister for Infrastructure tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding the number of meetings between the Minister and Unite the Union.

The Minister for Economic Development, Tourism, Sport and Culture tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding economic growth.
The Minister for Health and Social Services tabled an answer to a question asked by Deputy L.M.C. Doublet of St. Saviour regarding the provision of services to those with mental health issues.
The Minister for Education tabled an answer to a question asked by Deputy L.M.C. Doublet of St. Saviour regarding the prevention of mental health issues.
The Minister for Infrastructure tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the profile of the Department's workforce.
The Minister for Infrastructure tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the social and economic cost of the proposed outsourcing programme.
The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the estimated impact upon Income Support of redundancies.

Oral Questions

(see Official Report/Hansard)

Deputy J.A. Martin of St. Helier asked a question of the Minister for Infrastructure regarding the use of the site of the current police station as a temporary solution for car parking.
The Deputy of Grouville asked a question of the Assistant Chief Minister regarding the work of the Channel Islands Competition Regulatory Authorities.
The Connétable of St. Helier asked a question of the Minister for the Environment regarding action to be taken under Her Majesty The Queen's Commonwealth Canopy project.
Deputy R. Labey of St. Helier asked a question of the Minister for Home Affairs regarding the accommodation of ex-offenders in hotels and guest houses.
The Connétable of St. John asked a question of the Minister for Infrastructure regarding charges levied when the fuel farm was built.
Deputy M.R. Higgins of St. Helier asked a question of H.M. Attorney General regarding the Department's co-operation with the Napier Review into the suspension of the former Chief Officer of the States of Jersey Police.
Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding legislating for the publication of financial information by multi-national companies registered in Jersey.
Deputy J.M. Maçon of St. Saviour asked a question of the Minister for Home Affairs regarding the number of Jersey Police Authority meetings attended since her appointment.
Deputy K.C. Lewis of St. Saviour asked a question of the Minister for Infrastructure regarding the reasons for the decision not to put the La Collette fuel farm lease out to tender.
Deputy S.Y. Mézec of St. Helier asked a question of the Chief Minister regarding alternative plans to eliminate any public spending deficit following public sector redundancies.

The Deputy of St. John asked a question of the Minister for Education regarding notification to parents of changes to the curriculum.
Deputy S.M. Wickenden of St. Helier asked a question of the Assistant Chief Minister regarding the decision not to exercise the 18-month infrastructure buy-out option clause within the previous fuel farm contract.
The Connétable of St. Helier asked a question of the Minister for Housing regarding whether there would be merit in restarting the Housing Forum.
Deputy S.Y. Mézec of St. Helier asked a question of the Minister for Infrastructure regarding value for money following the outsourcing of Infrastructure services to the private sector.
Deputy R. Labey of St. Helier asked a question of the Minister for Economic Development, Tourism, Sport and Culture regarding a detention order served on the Condor Liberation.
Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding the potential impact on Income Support of the proposed redundancies of Infrastructure staff.
Deputy M.R. Higgins of St. Helier asked a question of the Chief Minister regarding defamation by civil servants of members of the Public.

Oral Questions without notice (see Official Report/Hansard)

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

Social Security Tribunal: appointment of Deputy Chairmen and re-appointment of members P.11/2016

THE STATES commenced consideration of a proposition of the Minister for Social Security regarding the appointment of Deputy Chairmen and re-appointment of members to the Social Security Tribunal (P.11/2016) and noted that the Greffier had been notified that Ms. Wendy Lambert had stepped down from the appointments process and would not, therefore, be proposed.

THE STATES, adopting a proposition of the Minister for Social Security, as amended, in accordance with Article 33A of the Social Security (Jersey) Law 1974, and further to a process overseen by the Jersey Appointments Commission, appointed –

Advocate David Benest, and Advocate Bryan Ian Le Marquand

as Deputy Chairmen of the Social Security Tribunal, each for a period of 5 years; and re-appointed –

Mr. Alan Hall ,

Mr. Sam Le Breton, and Mr. John Moulin

as Panel Members of the Social Security Tribunal, each for a period of 4 years.

STATES MINUTES

Members present voted as follows –

POUR: 37 CONTRE: 0

Senator P.F. Routier

Senator A.J.H. Maclean Senator L.J. Farnham Senator P.M. Bailhache Senator A.K.F. Green Senator Z.A. Cameron 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 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 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. Wickenden (H) Deputy S.M. Brée (C) Deputy T.A. McDonald (S) Deputy of St. Mary

Deputy G.J. Truscott (B)

22nd March 2016

ABSTAIN: 2

Deputy M. Tadier (B) Deputy S.Y. Mézec (H)

Income Support Medical Appeal Tribunal: appointment of Deputy Chairmen P.12/2016

THE STATES commenced consideration of a proposition of the Minister for Social Security regarding the appointment of Deputy Chairmen to the Income Support Medical Appeal Tribunal (P.12/2016) and noted that the Greffier had been notified that Ms. Wendy Lambert had stepped down from the appointments process and would not, therefore, be proposed.

THE STATES, adopting a proposition of the Minister for Social Security, as amended, in accordance with Article 9 of the Income Support (Jersey) Law 2007, and further to a process overseen by the Jersey Appointments Commission, appointed –

Advocate David Benest, and Advocate Bryan Ian Le Marquand

as Deputy Chairmen of the Income Support Medical Appeal Tribunal, each for a period of 5 years. Members present voted as follows –

POUR: 38 CONTRE: 0 ABSTAIN: 2

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

Senator P.M. Bailhache

Senator A.K.F. Green

Senator Z.A. Cameron

Connétable of St. Clement

Connétable of St. Peter

Connétable of St. Lawrence

Connétable of St. Mary

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 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 of St. John

Deputy M.R. Higgins (H)

Deputy J.M. Maçon (S)

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 R. Labey (H)

Deputy S.M. Wickenden (H)

Deputy S.M. Brée (C)

Deputy T.A. McDonald (S)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Social Security Medical Appeal Tribunal: appointment of Deputy Chairmen P.13/2016

THE STATES commenced consideration of a proposition of the Minister for Social Security regarding the appointment of Deputy Chairmen to the Social Security Medical Appeal Tribunal (P.13/2016) and noted that the Greffier had been notified that Ms. Wendy Lambert had stepped down from the appointments process and would not, therefore, be proposed.

THE STATES, adopting a proposition of the Minister for Social Security, as amended, in accordance with Article 34 of the Social Security (Jersey) Law 1974, and further to a process overseen by the Jersey Appointments Commission, appointed –

Advocate David Benest, and Advocate Bryan Ian Le Marquand

as Deputy Chairmen of the Social Security Medical Appeal Tribunal, each for a period of 5 years. Arrangement of public business for the present meeting

THE STATES agreed to defer consideration of the proposition of Deputy Russell Labey of St. Helier relating to La Collette Low Rise Development (P.139/2015 lodged "au Greffe" on 9th November 2015) from the present meeting to 12th April 2016.

THE STATES agreed to defer consideration of the proposition of the Chief Minister relating to the Draft Children's Property and Tuteurs (Jersey) Law 201- (P.156/2015 lodged "au Greffe" on 15th December 2015) from the present meeting to 12th April 2016.

Draft EU Legislation (Veterinary Checks – Imports from Third Countries) (Jersey) Regulations 201- P.5/2016

THE STATES commenced consideration of the Draft EU Legislation (Veterinary Checks – Imports from Third Countries) (Jersey) Regulations 201- (P.5/2016) 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 22 and the Schedule.

THE STATES, in pursuance of Article 2(2) of the European Union Legislation (Implementation) (Jersey) Law 2014 made Regulations entitled the EU Legislation (Veterinary Checks – Imports from Third Countries) (Jersey) Regulations 2015.

Members present voted as follows –

POUR: 40 CONTRE: 0 ABSTAIN: 0

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

Senator L.J. Farnham Senator A.K.F. Green Senator Z.A. Cameron Connétable of St. Clement 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 J.A.N. Le Fondré (L) Deputy of Trinity

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 of St. Peter

Deputy R.J. Rondel (H) 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 T.A. McDonald (S) Deputy of St. Mary

Deputy G.J. Truscott (B)

Draft EU Legislation (Veterinary and Zootechnical Checks – Trade with Member States) (Jersey) Regulations 201- P.6/2016

THE STATES commenced consideration of the Draft EU Legislation (Veterinary and Zootechnical Checks – Trade with Member States) (Jersey) Regulations 201- (P.6/2016) 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 28 and Schedules 1 to 3.

THE STATES, in pursuance of Article 2(2) of the European Union Legislation (Implementation) (Jersey) Law 2014, made Regulations entitled the EU Legislation (Veterinary and Zootechnical Checks – Trade with Member States) (Jersey) Regulations 2015.

Public Elections: Electronic voting P.10/2016

THE STATES commenced consideration of a proposition of Deputy Geoffrey Peter Southern of St. Helier regarding the introduction of electronic voting in public elections (P.10/2016) and an amendment of the Privileges and Procedures Committee (P.10/2016 Amd.) that after the words "to vote electronically," the words "in the 2018 elections" should be deleted and there should be inserted the words "as soon as practicable".

THE STATES, adopting an amendment of Deputy Geoffrey Peter Southern of St. Helier to the amendment of the Privileges and Procedures Committee (P.10/2016 Amd.Amd.), agreed that after the words "as soon as is practicable", there should be inserted the words –

"(c) and to report progress to the States annually".

THE STATES resumed consideration of the amendment of the Privileges and Procedures Committee, as amended, and agreed that after the words "to vote electronically," the words "in the 2018 elections" should be deleted and there should be inserted the words "as soon as practicable; (c) and to report progress to the States annually".

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

to request the Privileges and Procedures Committee (PPC), in conjunction with the Comité des Connétable s, and other government bodies as appropriate, to research and trial electronic voting systems in order to introduce –

methods for electronic voter registration; and
safe and secure mechanisms to enable eligible voters, who wish to do so, to vote electronically, as soon as practicable;
and to report progress to the States annually.

Members present voted as follows –

POUR: 43 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 P.M. Bailhache Senator A.K.F. Green Senator Z.A. Cameron Connétable of St. Helier Connétable of St. Clement 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.N. Le Fondré (L) Deputy of Trinity

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 of St. Peter

Deputy R.J. Rondel (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 T.A. McDonald (S) Deputy of St. Mary

Deputy G.J. Truscott (B)

Arrangement of public business for future meetings

THE STATES approved a request of Senator Philip Cyril Ozouf , in accordance with Standing Order 26(7), to reduce the minimum lodging period in respect of the proposition entitled Draft Intellectual Property (Plant Varieties) (Jersey) Law 201-' (P.20/2016) to enable its debate at the next sitting of the States.

Members present voted as follows –

POUR: 32 CONTRE: 11 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 P.M. Bailhache Senator A.K.F. Green Connétable of St. Helier Connétable of St. Clement Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin

Senator Z.A. Cameron

Connétable of St. Saviour

Connétable of Grouville

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 R. Labey (H)

Deputy T.A. McDonald (S)

Connétable of St. John Connétable of Trinity Deputy of Grouville

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

Deputy E.J. Noel (L) Deputy of St. John

Deputy of St. Martin

Deputy R.G. Bryans (H) Deputy of St. Peter

Deputy R.J. Rondel (H) Deputy A.D. Lewis (H) Deputy of St. Ouen

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

Deputy G.J. Truscott (B)

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) –