States Assembly | States Minutes 29th September 2016

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THE STATES assembled on Thursday 29th September 2016, at 09.30 a.m. under the Presidency of the Deputy Bailiff , Timothy John Le Cocq , Esquire.

__________________

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

Senator Philip Francis Cyril Ozouf – en défaut (défaut raised at 10.27 a.m.)

Senator Alan John Henry Maclean– en défaut (défaut raised at 9.39 a.m.)

Senator Lyndon John Farnham – en défaut (défaut raised at 9.39 a.m.)

Senator Sir Philip Martin Bailhache – en défaut (défaut raised at 10.16 a.m.)

Senator Sarah Craig Ferguson – en défaut (défaut raised at 10.56 a.m.)

Connétable John Martin Refault of St. Peter – excused attendance (arrived in the Chamber at 10.57 a.m.) Connétable Deirdre Wendy Mezbourian of St. Lawrence – en défaut (défaut raised at 10.16 a.m.) Connétable Philip Bond Le Sueur of Trinity – en défaut

Deputy Louise Catherine Mary Doublet of St. Saviour – en défaut (défaut raised at 9.41 a.m.) Deputy Peter Derek McLinton of St. Saviour – en défaut (défaut raised at 9.47 a.m.)

__________________

Prayers read by the Greffier of the States __________________

Connétable of St. Peter – attendance

THE STATES, adopting a proposition of the Connétable of St. Clement , made in accordance with Standing Order 53(3), agreed that the reason for the absence of the Connétable of St. Peter was such that he should be excused attendance.

Members present voted as follows –

POUR: 38 CONTRE: 3 ABSTAIN: 1

Senator P.F. Routier Deputy G.P. Southern (H) Deputy M.R. Higgins (H) Senator A.J.H. Maclean Deputy M. Tadier (B)

Senator I.J. Gorst Deputy S.Y. Mézec (H)

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. Brelade

Connétable of St. Martin

Connétable of St. Saviour

Connétable of Grouville

Connétable of St. John

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 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. Peter

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

Deputy G.J. Truscott (B)

Draft Medium Term Financial Plan Addition for 2017 – 2019 P.68/2016

THE STATES resumed consideration of the proposition of the Council of Ministers entitled Draft Medium Term Financial Plan Addition for 2017 – 2019' (P.68/2016) and an amendment of Deputy Geoffrey Peter Southern of St. Helier (P.68/2016 Amd.(3)) that –

after the words "Summary Table B", there should be inserted the words "except that the Social Security Department's proposed net revenue expenditure shall be reduced by £8.3 million in 2018 and £16.8 million in 2019 in respect of a reduction in the level of the States Grant to the Social Security Fund";
after the words "Summary Table C", there should be inserted the words "except that Central Allocation – Pay, PECRS and Workforce Modernisation shall be increased by £800,000 in 2018 and £1.8 million in 2019" in respect of increased States employer contributions; and
paragraph (c) should be replaced with the following –

"(c) to approve in principle the increase in the social security employer's

contributions (including class 2 contributions) between the standard earnings limit and the upper earnings limit by 2% in 2018 and a further 2.5% in 2019 to raise a total of £7.8 million in 2018 and £18.0 million in 2019, with the necessary proposition to be brought forward by the Minister for Social Security so that it can be debated by the States Assembly in time for the increases to be implemented;".

THE STATES rejected paragraph (1) of the amendment of Deputy Geoffrey Peter Southern of St. Helier (P.68/2016 Amd.(3)) that after the words "Summary Table B", there should be inserted the words "except that the Social Security Department's proposed net revenue expenditure shall be reduced by £8.3 million in 2018 and £16.8 million in 2019 in respect of a reduction in the level of the States Grant to the Social Security Fund".

Members present voted as follows –

POUR: 11

Connétable of St. Saviour Connétable of St. John Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville Deputy J.A. Hilton (H) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.Y. Mézec (H) Deputy T.A. McDonald (S)

CONTRE: 30

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

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 R.J. Rondel (H)

Deputy A.D. Lewis (H)

Deputy of St. Ouen

Deputy R. Labey (H)

Deputy S.M. Wickenden (H) Deputy S.M. Bree (C)

Deputy M.J. Norton (B)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Deputy P.D. McLinton (S)

ABSTAIN: 2

Deputy J.A.N. Le Fondré (L) Deputy of St. John

Following the rejection of paragraph (1) of the amendment of Deputy Geoffrey Peter Southern of St. Helier (P.68/2016 Amd.(3)), the Deputy Bailiff informed the Assembly that paragraphs (2) and (3) of the same amendment were deemed to have been withdrawn.

THE STATES commenced consideration of an amendment of Deputy John Alexander Nicholas Le Fondré of St. Lawrence (P.68/2016 Amd.(6)) –

to agree in principle that, in respect of public sector employees earning more than the average annual salary, as calculated by the Jersey Statistics Unit, the employer rate in respect of PECRS/PEP should be reduced by 1% per annum, and the employee rate increased by 1% per annum, until such time that the employer rate and the employee rate were equal (it being assumed that any adjustment that was less than 1% necessary to achieve final equalisation should be implemented in the final year of adjustment), requesting the Minister for Treasury and Resources accordingly to bring forward the necessary legislation, if any, to give effect to this change for debate in the States Assembly and, in consequence thereof, after the words "as set out in Summary Table B", the following words should be inserted –

"except that the allocation of resources to each States department and non- ministerial States funded body shall be reduced in 2019 by the amounts specified in table 1 in the report accompanying this proposition."

for the words "as set out in Summary Table C", there should be inserted the words – "except for the addition of £1,475,000 in 2019".

THE STATES rejected paragraph (1) of an amendment of Deputy John Alexander Nicholas Le Fondré of St. Lawrence (P.68/2016 Amd.(6)) to agree in principle that, in respect of public sector employees earning more than the average annual salary, as calculated by the Jersey Statistics Unit, the employer rate in respect of PECRS/PEP should be reduced by 1% per annum, and the employee rate increased by 1% per annum, until such time that the employer rate and the employee rate were equal (it being assumed that any adjustment that was less than 1% necessary to achieve final equalisation should be implemented in the final year of adjustment), requesting the Minister for Treasury and Resources accordingly to bring forward the necessary legislation, if any, to give effect to this change for debate in the States Assembly and, in consequence thereof, after the words "as set out in Summary Table B", the following words should be inserted –

"except that the allocation of resources to each States department and non-ministerial States funded body shall be reduced in 2019 by the amounts specified in table 1 in the report accompanying this proposition.".

Members present voted as follows –

POUR: 10 CONTRE: 34 ABSTAIN: 0

Senator S.C. Ferguson Connétable of St. Saviour Connétable of St. John Deputy of Grouville

Deputy J.A. Hilton (H) Deputy J.A.N. Le Fondré (L) Deputy K.C. Lewis (S) Deputy A.D. Lewis (H) Deputy R. Labey (H) Deputy T.A. McDonald (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. Peter

Connétable of St. Lawrence Connétable of St. Mary

Connétable of St. Ouen

Connétable of St. Brelade

Connétable of St. Martin

Deputy J.A. Martin (H)

Deputy G.P. Southern (H)

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 of St. Ouen

Deputy L.M.C. Doublet (S) Deputy S.M. Wickenden (H) Deputy S.M. Bree (C)

Deputy M.J. Norton (B)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Deputy P.D. McLinton (S)

Following the rejection of paragraph (1) of the amendment of Deputy John Alexander Nicholas Le Fondré of St. Lawrence (P.68/2016 Amd.(6)), the Deputy Bailiff informed the Assembly that paragraph (2) of the same amendment was deemed to have been withdrawn.

THE STATES commenced consideration of an amendment of the Corporate Services Scrutiny Panel (P.68/2016 Amd.(8)) that –

after the words "as set out in Summary Table B,", there should be inserted the words –

"except that net revenue expenditure shall be decreased for each Ministerial Department and Non Ministerial States Funded Body in 2017, 2018 and 2019 by an amount to be calculated by the Department for Treasury and Resources in order to reduce the vacancy rate (defined as budgeted against actual FTE) for that Department or Body in 2016 to a maximum of 3%";

the words "with in relation to the head of expenditure of the Health and Social Services Department, the approval of £5,000,000 in each of the financial years 2017 to 2019 dependent in accordance with Article 16(4) of the Public Finances (Jersey) Law 2005, on the approval by the States of the transfer of these sums from the Health Insurance Fund to the Health and Social Services Department" should be deleted;
after the words "as set out in Summary Table C", there should be inserted the words –

"except that the total proposed Contingency amount for the financial years 2017 to 2019 be increased by an amount equal to the reduction in net revenue expenditure specified in paragraph 1 above";

from the amount identified in paragraph (3) above, there should be deducted £5,000,000 in 2017, £12,500,000 in 2018 and £20,000,000 in 2019, which would remain in the Consolidated Fund to replace and be used for the same purposes as the proposed Health Charge and the transfers from the Health Insurance Fund;
paragraph (c) should be deleted.

Changes in Presidency

The Deputy Bailiff retired briefly from the Chamber during consideration of the amendment of the Corporate Services Scrutiny Panel (P.68/2016 Amd.(8)) to the proposition of the Council of Ministers entitled Draft Medium Term Financial Plan Addition for 2017 – 2019' (P.68/2016), and the meeting continued under the Presidency of Dr. Mark Egan, Greffier of the States, until his return.

Arrangement of business for the current meeting

THE STATES, adopting a proposition of the Deputy of St. Martin , agreed to adjourn for lunch once a decision on a continuation date had been made.

Members present voted as follows –

POUR: 32 CONTRE: 11 ABSTAIN: 0

Senator P.F. Routier 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. Lawrence Connétable of St. Mary Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Saviour Connétable of St. John Deputy G.P. Southern (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 of St. Peter

Deputy R.J. Rondel (H) Deputy L.M.C. Doublet (S) Deputy S.M. Wickenden (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)

Senator S.C. Ferguson

Connétable of St. Martin

Deputy J.A. Martin (H)

Deputy of Grouville

Deputy J.A.N. Le Fondré (L) Deputy M. Tadier (B)

Deputy S.Y. Mézec (H)

Deputy A.D. Lewis (H)

Deputy of St. Ouen

Deputy R. Labey (H)

Deputy of St. Mary

THE STATES, adopting a proposition of the Chairman of the Privileges and Procedures Committee, agreed that the meeting would continue on Friday 30th September 2016, in order to conclude consideration of the proposition of the Council of Ministers entitled Draft Medium Term Financial Plan Addition for 2017 – 2019' (P.68/2016) and associated amendments, and the outstanding items of public business.

Members present voted as follows –

POUR: 32 CONTRE: 10 ABSTAIN: 0

Senator S.C. Ferguson

Connétable of St. Brelade

Connétable of St. Martin

Deputy G.P. Southern (H)

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

Deputy M.R. Higgins (H)

Deputy J.M. Maçon (S)

Deputy S.Y. Mézec (H)

Connétable of St. Saviour Deputy of St. Mary Connétable of St. John

Deputy J.A. Martin (H)

Deputy of Grouville

Deputy K.C. Lewis (S)

Deputy M. Tadier (B)

Deputy E.J. Noel (L)

Deputy of St. John

Deputy S.J. Pinel (C)

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 R. Labey (H)

Deputy S.M. Wickenden (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)

Draft Medium Term Financial Plan Addition for 2017 – 2019 P.68/2016

THE STATES resumed consideration of the proposition of the Council of Ministers entitled Draft Medium Term Financial Plan Addition for 2017 – 2019' (P.68/2016) and rejected paragraph (1) of an amendment of the Corporate Services Scrutiny Panel (P.68/2016 Amd.(8)) that –

(1) after the words "as set out in Summary Table B,", there should be inserted the words –

Members present voted as follows –

POUR: 17 CONTRE: 29 ABSTAIN: 1 Senator S.C. Ferguson Senator P.F. Routier Deputy R. Labey (H)

Connétable of St. Saviour Senator P.F.C. Ozouf

Connétable of St. John Senator A.J.H. Maclean

Deputy J.A. Martin (H) Senator I.J. Gorst

Deputy G.P. Southern (H) Senator L.J. Farnham

Deputy of Grouville Senator P.M. Bailhache

Deputy J.A. Hilton (H) Senator A.K.F. Green

Deputy J.A.N. Le Fondré (L) Connétable of St. Helier

Deputy K.C. Lewis (S) Connétable of St. Clement

Deputy M. Tadier (B) Connétable of St. Peter

Deputy M.R. Higgins (H) Connétable of St. Lawrence

Deputy J.M. Maçon (S) Deputy S.Y. Mézec (H) Deputy A.D. Lewis (H) Deputy S.M. Bree (C) Deputy T.A. McDonald (S) Deputy of St. Mary

Connétable of St. Mary

Connétable of St. Ouen

Connétable of St. Brelade

Connétable of St. Martin

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 of St. Peter

Deputy R.J. Rondel (H)

Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy S.M. Wickenden (H) Deputy M.J. Norton (B)

Deputy G.J. Truscott (B)

Deputy P.D. McLinton (S)

Following the rejection of paragraph (1) of the amendment of the Corporate Services Scrutiny Panel (P.68/2016 Amd.(8)), the Deputy Bailiff informed the Assembly that paragraphs (2) to (5) of the same amendment were deemed to have been withdrawn.

Changes in Presidency

THE STATES re-assembled after the lunch adjournment under the Presidency of Dr. Mark Egan, Greffier of the States. Dr. Egan retired from the Chamber during consideration of the amendment of the Corporate Services Scrutiny Panel (P.68/2016 Amd.(8)) to the proposition of the Council of Ministers entitled Draft Medium Term Financial Plan Addition for 2017 – 2019' (P.68/2016), and the meeting continued under the Presidency of the Deputy Bailiff .

Draft Medium Term Financial Plan Addition for 2017 – 2019 P.68/2016

THE STATES resumed consideration of the proposition of the Council of Ministers entitled Draft Medium Term Financial Plan Addition for 2017 – 2019' (P.68/2016) and commenced consideration of an amendment of Deputy Samuel Yves Mézec of St. Helier (P.68/2016 Amd.(12)) that after the words "Health Charge" there should be inserted the words ", which does not include an upper limit,".

Arrangement of business for current meeting

THE STATES rejected a proposition of Deputy Michael Roderick Higgins of St. Helier that the Assembly should adjourn.

Members present voted as follows –

POUR: 16 CONTRE: 24 ABSTAIN: 0

Senator S.C. Ferguson Senator P.F. Routier Connétable of St. Lawrence Senator P.F.C. Ozouf Connétable of St. Brelade Senator A.J.H. Maclean Connétable of St. Saviour Senator I.J. Gorst Connétable of St. John Senator L.J. Farnham

Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy of St. John

Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.Y. Mézec (H) Deputy A.D. Lewis (H) Deputy S.M. Bree (C) Deputy T.A. McDonald (S)

Senator P.M. Bailhache

Senator A.K.F. Green

Connétable of St. Clement

Connétable of St. Mary

Connétable of St. Martin

Deputy of Grouville

Deputy J.A. Hilton (H)

Deputy J.A.N. Le Fondré (L) 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 R.J. Rondel (H)

Deputy S.M. Wickenden (H) Deputy M.J. Norton (B)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Draft Medium Term Financial Plan Addition for 2017 – 2019 P.68/2016

THE STATES resumed consideration of the proposition of the Council of Ministers entitled Draft Medium Term Financial Plan Addition for 2017 – 2019' (P.68/2016) and rejected an amendment of Deputy Samuel Yves Mézec of St. Helier (P.68/2016 Amd.(12)) that after the words "Health Charge" there should be inserted the words ", which does not include an upper limit,".

Members present voted as follows –

POUR: 18 CONTRE: 27 ABSTAIN: 1 Senator S.C. Ferguson Senator P.F. Routier Deputy of St. John

Connétable of St. Saviour Senator P.F.C. Ozouf

Connétable of St. John Senator A.J.H. Maclean

Deputy J.A. Martin (H) Senator I.J. Gorst

Deputy G.P. Southern (H) Senator L.J. Farnham

Deputy of Grouville Senator P.M. Bailhache

Deputy J.A. Hilton (H) Senator A.K.F. Green

Deputy J.A.N. Le Fondré (L) Connétable of St. Helier

Deputy M. Tadier (B) Connétable of St. Clement

Deputy M.R. Higgins (H) Connétable of St. Peter

Deputy J.M. Maçon (S) Connétable of St. Lawrence

Deputy S.Y. Mézec (H) Connétable of St. Mary

Deputy of St. Ouen Connétable of St. Ouen

Deputy R. Labey (H) Connétable of St. Brelade

Deputy S.M. Bree (C) Connétable of St. Martin

Deputy T.A. McDonald (S) Deputy of Trinity

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

Deputy P.D. McLinton (S) Deputy E.J. Noel (L)

Deputy S.J. Pinel (C)

Deputy of St. Martin

Deputy R.G. Bryans (H)

Deputy of St. Peter

STATES MINUTES 29th September 2016

Deputy R.J. Rondel (H)

Deputy A.D. Lewis (H)

Deputy S.M. Wickenden (H) Deputy M.J. Norton (B)

Deputy G.J. Truscott (B)

Changes in Presidency

The Deputy Bailiff retired briefly from the Chamber during consideration of an amendment of Deputy Samuel Yves Mézec of St. Helier (P.68/2016 Amd.(12)) to the proposition of the Council of Ministers entitled Draft Medium Term Financial Plan Addition for 2017 – 2019' (P.68/2016), and the meeting continued under the Presidency of Dr. Mark Egan, Greffier of the States, until his return.

Adjournment

THE STATES adjourned, having agreed to reconvene on Friday 30th September 2016 to continue consideration of the proposition of the Council of Ministers entitled Draft Medium Term Financial Plan Addition for 2017 – 2019' (P.68/2016) and associated amendments, and the outstanding items of public business.

THE STATES rose at 6.00 p.m.

DR. M. EGAN Greffier of the States