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THE STATES assembled on Tuesday 26th April 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 9.36 a.m.)
Connétable Deidre Wendy Mezbourian of St. Lawrence – absent on States business
Connétable Stephen William Pallett of St. Brelade – excused attendance (arrived in the Chamber at 10.10 a.m.) Deputy Carolyn Fiona Labey of Grouville – en défaut (défaut raised at 9.36 a.m.)
Deputy Anne Enid Pryke of Trinity – en défaut
Deputy Kristina Louise Moore of St. Peter – ill
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Prayers
__________________
Her Majesty The Queen's 90th birthday
The Deputy Bailiff informed the Assembly that the Bailiff had written to Her Majesty The Queen on behalf of the States and the people of Jersey on the occasion of Her Majesty's 90th birthday.
The Deputy Bailiff , on behalf of all members and the Bailiff , thanked Mr. David Filipponi of the Bailiff 's Chambers and all those who had been involved in the arrangements for the lighting of the ceremonial beacon in celebration of H.M. The Queen's birthday.
Mrs. Carol George – welcome
The Deputy Bailiff , on behalf of all members, welcomed Mrs. Carol George, Corporate Services Executive Manager, Saint Helena, who was visiting the Island on secondment.
Subordinate enactments tabled
The following enactments were tabled, namely –
Firearms (General Provisions) (Amendment No. 2) (Jersey) Order 2016. R&O.43/2016. Minister for Home Affairs.
Immigration (Fees) (Amendment No. 6) (Jersey) Order 2016. R&O.44/2016. Minister for Home Affairs.
EU Legislation (Veterinary and Zootechnical Checks – Trade with Member States) R&O.45/2016. (Fees and Expenses) (Jersey) Order 2016.
Minister for the Environment.
Building Bye-laws (Amendment No. 5) (Jersey) 2016. R&O.46/2016. Minister for the Environment.
EU Legislation (Aquatic Animal Health – Fees) (Jersey) Order 2016. R&O.47/2016. Minister for the Environment.
EU Legislation (Aquatic Animal Health – Supplementary Notifiable Diseases) R&O.48/2016. (Jersey) Order 2016.
Minister for the Environment.
Documents presented or laid
States of Jersey Police: Annual Performance Report 2015. R.34/2016. Presented: 18th April 2016.
Jersey Advisory and Conciliation Service: Board Members' Report and Financial R.35/2016. Statements for the year ended 31st December 2015.
States of Jersey Prison Service: H.M. Prison La Moye – Annual Report 2015. R.37/2016. Presented: 19th April 2016.
Jersey Police Complaints Authority: report for 2015. R.38/2016. Presented: 19th April 2016.
Land Transactions under Standing Order 168(3) – 1 Bel Horizon, La Route des Côtils, R.39/2016. Grouville – lease.
Jersey Multi-Agency Public Protection Arrangements (JMAPPA) Annual Report R.40/2016. 2015.
States of Jersey Complaints Panel: report for 2015. R.41/2016. Presented: 22nd April 2016.
Privileges and Procedures Committee.
Jersey Electricity: Report and Accounts 2015 – Sustaining Life and Growth, Investing R.42/2016. for the Future.
Presented: 22nd April 2016.
Minister for Treasury and Resources.
Notification of lodged propositions
Rate Appeal Board: appointment of members. P.41/2016. Lodged: 21st April 2016.
Minister for Treasury and Resources.
Financial institutions registered in Jersey: links to Panamanian legal firm Mossack P.42/2016. Fonseca.
Lodged: 26th April 2016.
Deputy G.P. Southern of St. Helier .
Written Questions
(see Official Report/Hansard)
9380 1. The Chief Minister tabled an answer to a question asked by Deputy J.M. Maçon of St. Saviour
regarding the publication of a report into higher education.
9381 2. The Chairman of the Privileges and Procedures Committee tabled an answer to a question asked
by Deputy J.M. Maçon of St. Saviour regarding the time allowed to answer oral questions.
9382 3. The Chief Minister tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier
regarding the cost of civil servants' flights.
9383 4. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy
S.Y. Mézec of St. Helier regarding Corporation Tax.
9384 5. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy
S.Y. Mézec of St. Helier regarding tax agreements reached with High Value Residents.
9385 6. The Chief Minister tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier
regarding requests from UK enforcement agencies for information held on the Central Register of beneficial ownership.
9386 7. The Minister for Health and Social Services tabled an answer to a question asked by Deputy
G.P. Southern of St. Helier regarding the measurement of nursing vacancies.
9387 8. The Minister for Housing tabled an answer to a question asked by Deputy G.P. Southern of
St. Helier regarding housing poverty.
9388 9. The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern
of St. Helier regarding consultation on the minimum wage.
9389 10. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding action taken by the Jersey Financial Services Commission following the release of the Panama papers'.
9390 11. The Minister for Housing tabled an answer to a question asked by Deputy G.P. Southern of
St. Helier regarding Jersey's future housing needs.
9391 12. The Minister for Infrastructure tabled an answer to a question asked by Deputy L.M.C. Doublet
of St. Saviour regarding future plans for the Police Station site at Rouge Bouillon.
Oral Questions
(see Official Report/Hansard)
9398 1. The Deputy of St. Ouen asked a question of the Minister for Social Security regarding the
potential introduction of a differential rate for the minimum wage based on age.
9400 2. Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding measures in
place to reduce housing poverty in the Island.
9399 3. Deputy M. Tadier of St. Brelade asked a question of the Minister for Treasury and Resources
regarding revenue received from tax amnesties.
9395 4. Deputy P.D. McLinton of St. Saviour asked a question of the Minister for Environment
regarding the introduction of legislation to make it illegal to fail to report having struck a cat with a vehicle.
9396 5. Deputy K.C. Lewis of St. Saviour asked a question of the Minister for Education regarding
savings from the resourcing and support provided to users of nursery care and private education. 9402 6. Deputy A.D. Lewis of St. Helier asked a question of the Minister for Treasury and Resources
regarding the disposal of assets.
9405 7. Deputy S.Y. Mézec of St. Helier asked a question of the Chief Minister regarding the return of
Avios points obtained by civil servants when flying on States business.
9364 8. Deputy R.J. Rondel of St. Helier asked a question of the Minister for Health and Social Services
regarding the employment of full-time consultants.
9393 9. Deputy J.A. Martin of St. Helier asked a question of the Minister for Health and Social Services
regarding kinship fostering arrangements.
9404 10. Deputy L.M.C. Doublet of St. Saviour asked a question of the Chief Minister regarding the
registration of births in the Island.
9392 11. The Connétable of St. John asked a question of the Minister for Infrastructure regarding the trial
resurfacing of La Route de Mont Mado in St. John .
9397 12. Deputy K.C. Lewis of St. Saviour asked a question of the Minister for Health and Social
Services regarding the number of frontline medical staff suffering from severe stress.
9394 13. Deputy J.A. Martin of St. Helier asked a question of the Minister for Social Security regarding
payments made to foster carers.
9403 14. Deputy A.D. Lewis of St. Helier asked a question of the Minister for Treasury and Resources
regarding the economic assumptions underlying the forecast growth in average earnings.
9406 15. Deputy S.Y. Mézec of St. Helier asked a question of the Minister for Treasury and Resources
regarding provision of support to Islanders in the poorest quintile of society.
9379 16. Deputy R.J. Rondel of St. Helier asked a question of the Minister for Health and Social Services
regarding possible sites for the future hospital and building on Green Zone land.
9401 17. Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding
explanations received from the Jersey Financial Services Commission regarding reasons for the establishment of Panamanian companies by Jersey registered companies.
Oral Questions without notice (see Official Report/Hansard)
The Minister for Economic Development, Tourism, Sport and Culture answered questions without notice from members.
The Chief Minister answered questions without notice from members.
Statements on a matter of official responsibility (see Official Report/Hansard)
The Assistant Minister for Treasury and Resources made a statement regarding the States of Jersey Development Company.
Draft Former La Motte Street School (Validation and Abrogation of Covenants) (Jersey) Law 201- P.9/2016
THE STATES commenced consideration of the Draft Former La Motte Street School (Validation and Abrogation of Covenants) (Jersey) Law 201-.
THE STATES, adopting a proposition of Deputy Judith Ann Martin of St. Helier , agreed that, in accordance with Standing Order 83(1)(a), the matter should be referred back to the Minister for Infrastructure in order for further information relating to the proposition to be provided to the Assembly.
Members present voted as follows –
POUR: 22 CONTRE: 18 ABSTAIN: 1 Connétable of St. Mary Senator P.F.C. Ozouf Connétable of Trinity
Connétable of St. Ouen Senator A.J.H. Maclean
Connétable of St. Martin Senator I.J. Gorst
Connétable of St. Saviour Senator L.J. Farnham
Connétable of Grouville Senator P.M. Bailhache
Connétable of St. John Senator A.K.F. Green
Deputy J.A. Martin (H) Connétable of St. Clement
Deputy G.P. Southern (H) Connétable of St. Peter
Deputy of Grouville Connétable of St. Brelade
Deputy J.A. Hilton (H) Deputy E.J. Noel (L)
Deputy K.C. Lewis (S) Deputy of St. John
STATES MINUTES
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 R. Labey (H) Deputy S.M. Wickenden (H) Deputy S.M. Brée (C) Deputy T.A. McDonald (S) Deputy of St. Mary
26th April 2016
Deputy S.J. Pinel (C)
Deputy R.G. Bryans (H)
Deputy R.J. Rondel (H)
Deputy A.D. Lewis (H)
Deputy M.J. Norton (B)
Deputy G.J. Truscott (B)
Deputy P.D. McLinton (S)
Draft Education (Provided Schools – Amendment of Law) (Jersey) Regulations 201- P.14/2016
THE STATES commenced consideration of the Draft Education (Provided Schools – Amendment of Law) (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 4.
THE STATES, in pursuance of Articles 3(4) and 68 of the Education (Jersey) Law 1999, made Regulations entitled the Education (Provided Schools – Amendment of Law) (Jersey) Regulations 2016.
Draft Education (Amendment No. 3) (Jersey) Law 201- P.15/2016
THE STATES commenced consideration of the Draft Education (Amendment No. 3) (Jersey) Law 201- and adopted the principles.
THE STATES, having been informed that the relevant scrutiny panel had indicated that it wished to scrutinise the draft legislation, agreed that the continuation of the second reading of the Draft Education (Amendment No. 3) (Jersey) Law 201- should be deferred until the meeting of 24th May 2016.
Draft Protection of Children (Nicotine Inhaling Products) (Jersey) Regulations 201- P.23/2016
THE STATES commenced consideration of the Draft Protection of Children (Nicotine Inhaling Products) (Jersey) Regulations 201- and adopted the principles.
Members present voted as follows –
POUR: 34 CONTRE: 1 ABSTAIN: 0 Senator P.F.C. Ozouf Connétable of St. Saviour
Senator I.J. Gorst
Senator L.J. Farnham
Senator P.M. Bailhache
Senator A.K.F. Green
Senator Z.A. Cameron
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 J.A.N. Le Fondré (L) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy E.J. Noel (L) Deputy of St. John
Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin
Deputy 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 S.M. Brée (C) Deputy M.J. Norton (B) Deputy T.A. McDonald (S) Deputy of St. Mary
Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)
THE STATES, having been informed that the relevant scrutiny panel had indicated that it did not wish to scrutinise the draft legislation, adopted Regulations 1 and 2.
THE STATES adopted Regulations 3 and 4.
Members present voted as follows –
POUR: 33 CONTRE: 2 ABSTAIN: 0
Senator P.F.C. Ozouf Senator I.J. Gorst
Senator L.J. Farnham Senator P.M. Bailhache Senator A.K.F. Green Senator Z.A. Cameron 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 J.A.N. Le Fondré (L) 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
Connétable of St. Saviour Deputy M. Tadier (B)
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 S.M. Brée (C) Deputy M.J. Norton (B) Deputy T.A. McDonald (S) Deputy of St. Mary
Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)
THE STATES adopted Article 5.
THE STATES, in pursuance of Article 2 of the Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009, made Regulations entitled the Protection of Children (Nicotine Inhaling Products) (Jersey) Regulations 2016.
Members present voted as follows –
POUR: 32 CONTRE: 2 ABSTAIN: 0
Senator P.F.C. Ozouf Senator I.J. Gorst
Senator L.J. Farnham Senator P.M. Bailhache Senator A.K.F. Green Senator Z.A. Cameron 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 J.A.N. Le Fondré (L) 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 R.J. Rondel (H) Deputy S.Y. Mézec (H) Deputy A.D. Lewis (H) Deputy L.M.C. Doublet (S) Deputy S.M. Wickenden (H) Deputy S.M. Brée (C) Deputy M.J. Norton (B) Deputy T.A. McDonald (S) Deputy of St. Mary
Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)
Connétable of St. Saviour Deputy M. Tadier (B)
Draft Dormant Bank Accounts (Jersey) Law 201- P.25/2016
THE STATES commenced consideration of the Draft Dormant Bank Accounts (Jersey) Law 201- and adopted the principles.
Members present voted as follows –
POUR: 31 CONTRE: 3 ABSTAIN: 6
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. Clement Connétable of St. Mary Connétable of St. Brelade Connétable of St. Martin Connétable of Grouville Connétable of Trinity Deputy J.A. Martin (H) Deputy of Grouville Deputy J.A. Hilton (H) 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 R.J. Rondel (H) Deputy S.Y. Mézec (H) Deputy A.D. Lewis (H) Deputy of St. Ouen Deputy R. Labey (H) Deputy M.J. Norton (B) Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)
Senator Z.A. Cameron
Connétable of St. Saviour Connétable of St. John
Connétable of St. Ouen Deputy J.A.N. Le Fondré (L) Deputy L.M.C. Doublet (S) Deputy S.M. Wickenden (H) Deputy S.M. Brée (C) Deputy of St. Mary
THE STATES, having been informed that the relevant scrutiny panel had indicated that it wished to scrutinise the draft legislation, agreed that the continuation of the second reading of the Draft Dormant Bank Accounts (Jersey) Law 201- should be deferred until the meeting of 28th June 2016.
Draft Extradition (Amendment) (Jersey) Law 201- P.26/2016
THE STATES commenced consideration of the Draft Extradition (Amendment) (Jersey) Law 201- and adopted the principles.
THE STATES, having been informed that the relevant scrutiny panel had indicated that it did not wish to scrutinise the draft legislation, adopted Articles 1 to 15 and the Schedule.
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Extradition (Amendment) (Jersey) Law 201-.
Members present voted as follows –
POUR: 37 CONTRE: 0 ABSTAIN: 1
Senator P.F.C. Ozouf Deputy M.R. Higgins (H) Senator A.J.H. Maclean
Senator I.J. Gorst
Senator P.M. Bailhache
Senator A.K.F. Green
Connétable of St. Clement
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 J.A.N. Le Fondré (L)
Deputy K.C. Lewis (S)
Deputy M. Tadier (B)
Deputy E.J. Noel (L)
Deputy of St. John
Deputy J.M. Maçon (S)
Deputy S.J. Pinel (C)
Deputy of St. Martin
Deputy R.G. Bryans (H)
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. 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)
Westaway Donations Council: appointment of member P.31/2016
THE STATES, adopting a proposition of the Minister for Health and Social Services, approved the appointment of Mr. Simon Spottiswoode to the Westaway Donations Council.
Arrangement of public business for future meetings
THE STATES, adopting a proposition of the Chairman of the Privileges and Procedures Committee, agreed that the meeting of 27th September 2016 should commence at 2.30 p.m. on Monday 26th September 2016, in order to enable the debate in respect of the Medium Term Financial Plan to begin at 9.30 a.m. on Tuesday 27th September; and that the meeting of 13th December 2016 should commence at 2.30 p.m. on Monday 12th December 2016, in order to enable the debate in respect of the Budget to begin at 9.30 a.m. on Tuesday 13th December 2016.
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) –
10th May 2016
Draft Motor Vehicle Registration (Amendment No. 5) (Jersey) Law 201-. P.24/2016. Lodged: 14th March 2016.
Draft Connétable s (Miscellaneous Provisions – Consequential Amendments) (No. 2) P.27/2016. (Jersey) Regulations 201-.
Draft Rates (Amendment) (Jersey) Law 201-. P.28/2016. Lodged: 17th March 2016.
Draft Financial Regulation (Miscellaneous Provisions No. 4) (Jersey) Law 201-. P.30/2016. Lodged: 22nd March 2016.
Channel Islands Lottery: allocation of proceeds from 2015. P.32/2016. Lodged: 6th April 2016.
Minister for Economic Development, Tourism, Sport and Culture.
Law Society of Jersey Disciplinary Panel: re-appointment of lay member. P.35/2016. Lodged: 11th April 2016.
Nursery funding: implementation of proposed changes. P.39/2016. Lodged: 12th April 2016.
Deputy M. Tadier of St. Brelade .
Deputy S.M. Wickenden of St. Helier .
24th May 2016
Draft Former La Motte Street School (Validation and Abrogation of Covenants) P.9/2016. (Jersey) Law 201-.
Draft Education (Amendment No. 3) (Jersey) Law 201-. P.15/2016. Lodged: 29th February 2016.
(Principles adopted on 26th April 2016.)
Outsourcing. P.29/2016. Lodged: 18th March 2016.
Deputy G.P. Southern of St. Helier .
Draft Licensing (No. 18) (Jersey) Regulations 201-. P.34/2016. Lodged: 11th April 2016.
Minister for Economic Development, Tourism, Sport and Culture.
Draft Removal of Vehicles (Private Land) (Jersey) Regulations 201-. P.36/2016. Lodged: 11th April 2016.
Draft Discrimination (Age) (Jersey) Regulations 201-. P.37/2016. Lodged: 12th April 2016.
Draft Discrimination (Age) (Jersey) Regulations 201- (P.37/2016): comments. P.37/2016. Presented: 25th April 2016. Com. Health and Social Security Scrutiny Panel.
Draft Employment (Amendment No. 10) (Jersey) Law 201-. P.38/2016. Lodged: 12th April 2016.
Rate Appeal Board: appointment of members. P.41/2016. Lodged: 21st April 2016.
Minister for Treasury and Resources.
Financial institutions registered in Jersey: links to Panamanian legal firm Mossack P.42/2016. Fonseca.
Lodged: 26th April 2016.
Deputy G.P. Southern of St. Helier .
14th June 2016
Draft Telecommunications (Amendment No. 3) and Crime (Miscellaneous Provisions) P.19/2016. (Jersey) Law 201-.
(Principles adopted on 12th April 2016.)
28th June 2016
Draft Dormant Bank Accounts (Jersey) Law 201-. P.25/2016. Lodged: 15th March 2016.
(Principles adopted on 26th April 2016.)
THE STATES rose at 4.56 p.m.
DR. M. EGAN Greffier of the States