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THE STATES assembled on Tuesday 10th October 2017, 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,
Air Chief Marshall Sir Stephen Dalton, G.C.B., LL.D. (Hon.), D.Sc. (Hon.), B.Sc., F.R.Ae.S., C.C.M.I. was present.
__________________
All members were present at roll call with the exception of –
Senator Philip Francis Cyril Ozouf – en défaut (défaut raised at 10.25 a.m.)
Senator Ian Joseph Gorst – absent on States business
Connétable Philip Bond Le Sueur of Trinity – en défaut (défaut raised at 9.37 a.m.) Deputy Michael Roderick Higgins of St. Helier – en défaut (défaut raised at 9.41 a.m.) Deputy Roderick Gordon Bryans of St. Helier – ill
Deputy Kristina Louise Moore of St. Peter – en défaut (défaut raised at 10.10 a.m.)
__________________
Prayers
__________________
Subordinate enactments tabled
The following enactments were tabled, namely –
Prison (Amendment No. 3) (Jersey) Rules 2017. R&O.101/2017. Minister for Home Affairs.
Health Insurance (Pharmaceutical Benefit) (General Provisions) (No. 2) (Amendment R&O.102/2017. No. 14) (Jersey) Order 2017.
Minister for Social Security.
Control of Housing and Work (Fees) (Amendment No. 2) (Jersey) Order 2017. R&O.103/2017. Chief Minister
[signed by Senator P.F. Routier, M.B.E. for and on behalf of the Chief Minister]
Documents presented
Contributory Benefits: Living Today – Thinking Ahead – public consultation. R.112/2017. Presented: 4th October 2017.
Minister for Social Security.
Minimum wage rates for April 2018: Employment Forum's recommendation and R.113/2017. Minister's response.
Presented: 5th October 2017.
Minister for Social Security.
Land Transactions under Standing Order 168(3) – acquisition of land at West View R.114/2017. Development, St. Mary .
Presented: 9th October 2017.
Minister for Infrastructure.
Notification of lodged propositions
Draft Budget Statement 2018. P.90/2017. Lodged: 3rd October 2017.
Minister for Treasury and Resources.
Draft Marriage and Civil Status (Amendment No. 4) (Jersey) Law 201-. P.91/2017. Lodged: 3rd October 2017.
Chief Minister.
Jersey Appointments Commission: re-appointment of Commissioner. P.92/2017. Lodged: 5th October 2017.
States Employment Board.
Draft Public Employees (Pensions) (Deferred Pensions, Transfer Payments and P.93/2017. Refund of Contributions) (Miscellaneous Amendments) (Jersey) Regulations 201-.
Lodged: 10th October 2017.
Chief Minister.
Privileges and Procedures Committee – resignation of member
The Deputy Bailiff notified the Assembly that, in accordance with Standing Order 129(2), the Bailiff had received a letter of resignation from the Privileges and Procedures Committee from the Connétable of St. John .
Corporate Services Scrutiny Panel – resignation of member
The Deputy Bailiff notified the Assembly that, in accordance with Standing Order 137(2), the Bailiff had received a letter of resignation from the Corporate Services Scrutiny Panel from the Connétable of St. John .
Appointment of unelected members of the Public Accounts Committee
In accordance with the provisions of Standing Order 124(1), the following nominations were made by the Connétable of St. John , Chairman of the Public Accounts Committee, as unelected members of the Public Accounts Committee –
Mr. Robert John Parker
Mr. Michael John Robinson.
There having been no further nominations, in accordance with the provisions of Standing Order 124(2), the Deputy Bailiff declared that the above persons had been duly appointed as unelected members of the Public Accounts Committee.
Written Questions
(see Official Report/Hansard)
1(525) 1. Deputy L.M.C. Doublet of St. Saviour asked a question of the Minister for Health and Social
Services regarding the Mental Health Strategy for Jersey 2016–2020.
1(527) 2. Deputy G.P. Southern of St. Helier asked a question of the Minister for Education regarding
overspends at Haute Vallée School in 2015 and 2016.
1(528) 3. Deputy J.M. Maçon of St. Saviour asked a question of the Minister for Health and Social Services
regarding the recommendations of the Williamson Report'.
1(529) 4. Deputy J.M. Maçon of St. Saviour asked a question of the Minister for Home Affairs regarding the
recommendations of the Independent Jersey Care Inquiry.
1(530) 5. Deputy J.M. Maçon of St. Saviour asked a question of the Minister for Health and Social Services
regarding the recommendations of the Independent Jersey Care Inquiry.
1(531) 6. Deputy J.M. Maçon of St. Saviour asked a question of H.M. Attorney General regarding the legal
status of living wills.
1(532) 7. Deputy J.M. Maçon of St. Saviour asked a question of the Chairman of the States Employment
Board regarding changes to employment practices in light of recommendations of the Independent Jersey Care Inquiry.
1(533) 8. Deputy G.P. Southern of St. Helier asked a question of the Minister for Infrastructure regarding the
safety plan for access to the Millennium Park.
1(534) 9. The Deputy of St. John asked a question of the Chairman of the Privileges and Procedures
Committee regarding Disclosure and Barring Service checks for election candidates and elected members.
1(535) 10. The Deputy of St. John asked a question of the Minister for Home Affairs regarding policy in
respect of alleged criminal activity where a decision was made not to continue with the case.
1(536) 11. The Deputy of St. John asked a question of H.M. Attorney General regarding his Department's
policy in respect of alleged criminal activity where a decision was made not to continue with the case.
1(537) 12. The Deputy of St. John asked a question of the Chairman of the States Employment Board regarding
codes of practice issued under the Employment of States of Jersey Employees (Jersey) Law 2005. 1(538) 13. The Deputy of St. John asked a question of the Minister for Education regarding changes at
Highlands College since 2014.
1(539) 14. Deputy M. Tadier of St. Brelade asked a question of the Chief Minister regarding sudden death
inquests.
1(540) 15. Deputy G.P. Southern of St. Helier asked a question of the Minister for Housing regarding rent
levels for tenancies of Andium Homes.
1(541) 16. Deputy L.M.C. Doublet of St. Saviour asked a question of the Minister for the Environment
regarding nitrate levels in Jersey's mains water supply.
1(542) 17. Deputy J.A.N. Le Fondré of St. Lawrence asked a question of the Minister for Infrastructure
regarding the International Conference on Sea Lettuce Management.
1(543) 18. Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding
the operation of the lower contribution threshold.
1(544) 19. Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding communication
with the Employment Forum.
Oral Questions
(see Official Report/Hansard)
1(549) 1. Deputy G.P. Southern of St. Helier asked a question of the Minister for Economic Development,
Tourism, Sport and Culture regarding the economic standard of living in Jersey.
1(545) 2. Senator P.F. Routier, M.B.E. asked a question of the Chairman of the Comité des Connétable s
regarding the accessibility of Parish buildings to electors and candidates with physical, sensory or health disabilities.
1(551) 3. Deputy M. Tadier of St. Brelade asked a question of the Minister for Infrastructure regarding the
application of BREEAM (Building Research Establishment Environmental Assessment Method) to the design and maintenance of buildings.
1(548) 4. The Deputy of St. Ouen asked a question of the Assistant Minister for Health and Social Services
regarding the feasibility study examining the requirements for Jersey's mental health estate.
1(547) 5. The Connétable of Grouville asked a question of the Minister for Housing regarding the Residential
Tenancy Deposit Scheme.
1(552) 6. Deputy M. Tadier of St. Brelade asked a question of the Minister for Infrastructure regarding the
energy efficiency of the new Les Quennevais School.
1(550) 7. Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding
the protection of vulnerable employees who failed to qualify for sickness benefit.
1(546) 8. Senator P.F. Routier, M.B.E. asked a question of the Chairman of the Privileges and Procedures
Committee regarding the accessibility of States Assembly buildings to elected members with physical, sensory or health disabilities.
1(554) 9. Senator P.F.C. Ozouf asked a question of the Assistant Chief Minister regarding the promotion of
greater competition in Jersey's gas market.
1(553) 10. Senator P.F.C. Ozouf asked a question of the Minister for Treasury and Resources regarding the
payment of rates by the States.
Oral Questions without notice (see Official Report/Hansard)
The Minister for Economic Development, Tourism, Sport and Culture answered questions without notice from members.
The Minister for Housing answered questions without notice from members.
Statements on a matter of official responsibility (see Official Report/Hansard)
The Chairman of the Environment, Housing and Infrastructure Scrutiny Panel made a statement regarding the Panel's review of proposed waste charges.
Draft Taxation (Implementation) (International Tax Compliance) (Common Reporting Standard) (Amendment) (Jersey) Regulations 201- P.69/2017
THE STATES commenced consideration of the Draft Taxation (Implementation) (International Tax Compliance) (Common Reporting Standard) (Amendment) (Jersey) Regulations 201- and adopted the principles.
THE STATES, having been informed that the relevant scrutiny panel had indicated that it did not wish to scrutinise the draft legislation, adopted Regulations 1 to 5.
THE STATES, in pursuance of Article 2 of the Taxation (Implementation) (Jersey) Law 2004, made Regulations entitled the Taxation (Implementation) (International Tax Compliance) (Common Reporting Standard) (Amendment) (Jersey) Regulations 2017.
Draft Air and Sea Ports (Incorporation) (Transfer No. 2) (Jersey) Regulations 201- P.77/2017
THE STATES commenced consideration of the Draft Air and Sea Ports (Incorporation) (Transfer No. 2) (Jersey) Regulations 201- and adopted the principles.
Members present voted as follows –
POUR: 40 CONTRE: 3 ABSTAIN: 0
Senator P.F. Routier
Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator P.M. Bailhache Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter 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 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 of St. Peter
Deputy R.J. Rondel (H) Deputy A.D. Lewis (H) Deputy of St. Ouen
Deputy G.P. Southern (H) Deputy M. Tadier (B) Deputy S.Y. Mézec (H)
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) 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: 40 CONTRE: 3 ABSTAIN: 0
Senator P.F. Routier Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator P.M. Bailhache Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin
Deputy G.P. Southern (H) Deputy M. Tadier (B) Deputy S.Y. Mézec (H)
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 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 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 T.A. McDonald (S) Deputy of St. Mary
Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)
THE STATES, in pursuance of Articles 33 and 53 of the Air and Sea Ports (Incorporation) (Jersey) Law 2015, made Regulations entitled the Air and Sea Ports (Incorporation) (Transfer No. 2) (Jersey) Regulations 2017.
Members present voted as follows –
POUR: 40 CONTRE: 3 ABSTAIN: 0
Senator P.F. Routier
Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator P.M. Bailhache Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter 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 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 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 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 S.Y. Mézec (H)
Arrangement of public business for the present meeting
THE STATES, adopting a proposition of Senator Alan John Henry Maclean agreed, in accordance with Standing Order 87(2)(b), to defer the debate on the proposition of the Deputy of Grouville entitled Jersey Electricity plc.: referral of stand-by charges to the Channel Islands Competition and Regulatory Authorities' (P.88/2017) from the present meeting to the meeting on 30th January 2018.
Members present voted as follows –
POUR: 25 CONTRE: 21 ABSTAIN: 0
Senator P.F. Routier Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator P.M. Bailhache Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin Connétable of St. John Connétable of Trinity Deputy of Trinity
Deputy E.J. Noel (L) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Peter Deputy A.D. Lewis (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)
Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Saviour Connétable of Grouville 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 K.C. Lewis (S) Deputy M. Tadier (B) Deputy of St. John
Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy R.J. Rondel (H) 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 T.A. McDonald (S)
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) –
31st October 2017
Draft Health and Safety at Work (Freight Containers Safety Convention) (Amendment) P.80/2017. (Jersey) Regulations 201-.
Lodged: 12th September 2017.
Minister for Social Security.
Draft Social Security (Christmas Bonus) (Amendment) (Jersey) Regulations 201-. P.82/2017. Lodged; 19th September 2017.
Minister for Social Security.
Draft Public Health and Safety (Rented Dwellings) (Jersey) Law 201-. P.66/2017. Lodged; 17th July 2017.
Minister for the Environment.
Draft Building Loans (Amendment No. 13) (Jersey) Law 201-. P.79/2017. Lodged: 5th September 2017.
Minister for Housing.
States of Jersey Budget 2017: allocation to the Parishes of funds set aside for the P.81/2017. payment of rates on States' properties.
Lodged: 19th September 2017.
Connétable of St. Helier .
Brexit Information Report: July 2017 update. R.87/2017. Presented: 18th July 2017.
Minister for External Relations.
(consideration in Committee')
14th November 2017
Health and Social Care System: a new governance model. P.60/2017. Lodged: 23rd June 2017.
Council of Ministers.
Draft Asian Infrastructure Investment Bank (Immunities and Privileges) (Jersey) P.68/2017. Regulations 201-. (re-issue) Lodged: 21st July 2017.
Minister for External Relations.
Ratification of the Multilateral Convention to Implement Tax Treaty Related Measures P.83/2017. to Prevent Base Erosion and Profit Shifting.
Lodged: 20th September 2017.
Minister for External Relations.
Elected Speaker and Deputy Speaker of the States Assembly: selection and P.84/2017. appointment.
Lodged: 26th September 2017.
Chief Minister.
Draft Road Works and Events (Jersey) Law 2016 (Appointed Day) (No. 2) Act 201-. P.85/2017. Lodged: 26th September 2017.
Minister for Infrastructure.
Draft Road Works (Embargo Periods and Protected Roads) (Jersey) Regulations 201-. P.86/2017. Lodged: 26th September 2017.
Minister for Infrastructure.
Draft Road Works and Events (Consequential Provisions) (Jersey) Regulations 201-. P.87/2017. Lodged: 26th September 2017.
Minister for Infrastructure.
Draft Maintenance Orders (Amendment No. 3) (Jersey) Law 201-. P.89/2017. Lodged: 26th September 2017.
Chief Minister.
Draft Marriage and Civil Status (Amendment No. 4) (Jersey) Law 201-. P.91/2017. Lodged: 3rd October 2017.
Chief Minister.
Jersey Appointments Commission: re-appointment of Commissioner. P.92/2017. Lodged: 5th October 2017.
States Employment Board.
28th November 2017
Draft Liquor Licensing (Jersey) Law 201-. P.54/2017. Lodged: 7th June 2017.
Minister for Economic Development, Tourism, Sport and Culture.
Draft Liquor Licensing (Jersey) Law 201- (P.54/2017): amendment. P.54/2017. Lodged: 4th July 2017. Amd. Senator Sir P.M. Bailhache .
Draft Road Traffic (No. 63) (Jersey) Regulations 201-. P.67/2017. Lodged: 17th July 2017.
Minister for Infrastructure.
Draft Budget Statement 2018. P.90/2017. Lodged: 3rd October 2017.
Minister for Treasury and Resources.
Draft Public Employees (Pensions) (Deferred Pensions, Transfer Payments and P.93/2017. Refund of Contributions) (Miscellaneous Amendments) (Jersey) Regulations 201-.
Lodged: 10th October 2017.
Chief Minister.
12th December 2017
States Employment Board: living wage 2017. P.72/2017. Lodged: 31st July 2017.
Deputy G.P. Southern of St. Helier .
30th January 2018
Jersey Electricity plc.: referral of stand-by charges to the Channel Islands Competition P.88/2017. and Regulatory Authorities.
Lodged: 26th September 2017.
Deputy of Grouville .
THE STATES rose at 1.16 p.m.
DR. M. EGAN Greffier of the States