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States Minutes 13th September 2017

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THE STATES assembled on Wednesday 13th September 2017, at 09.30 a.m. under the Presidency of the Greffier of the States, Dr. Mark Egan.

 __________________

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

Senator Philip Francis Cyril Ozouf – ill

Senator Sir Philip Martin Bailhache – ill

Senator Andrew Kenneth Francis Green, M.B.E. – ill

Deputy Geoffrey Peter Southern of St. Helier – en défaut (défaut raised at 9.37 a.m.) Deputy Michael Roderick Higgins of St. Helier – en défaut

Deputy Peter Derek McLinton of St. Saviour – ill

 __________________

Prayers

 __________________

States Members' Remuneration Review Body: implementation of pay recommendations P.39/2017 THE STATES rejected a proposition of the Privileges and Procedures Committee –

  1. that the provision in Article 44 of the States of Jersey Law 2005, which prohibits States members from being paid at different levels, should be removed;
  2. that pay differentiation should apply only to the Chief Minister, from the election of the Chief Minister in 2018;
  3. that the Chief Minister should receive a supplement of 15% of salary from May 2018; and
  4. to refer to their Act dated 12th June 2012, in which they agreed the terms of reference of the States Members' Remuneration Review Body, and to agree that, in the event that Article 44 of the States of Jersey Law 2005 was removed, a new paragraph 10A should be inserted into those terms of reference, worded as follows: "Any recommendation by the Review Body for a new scheme for differentiating the level of remuneration and expenses payable to elected members shall only be implemented if a proposition giving effect to such a recommendation has been adopted by the States".

THE STATES noted that, as there was an equality of votes, the matter had been determined in the negative in accordance with Article 16(2) of the States of Jersey Law 2005.

Members present voted as follows –

POUR: 20  CONTRE: 20  ABSTAIN: 2

Senator P.F. Routier  Senator S.C. Ferguson  Senator I.J. Gorst Senator A.J.H. Maclean   Connétable of St. Martin   Connétable of St. Helier Senator L.J. Farnham   Connétable of St. Saviour

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

Connétable of St. Mary   Deputy G.P. Southern (H)

Connétable of St. Ouen   Deputy of Grouville

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

Connétable of Grouville   Deputy K.C. Lewis (S)

STATES MINUTES

Connétable of St. John Connétable of Trinity Deputy J.A. Hilton (H) Deputy of Trinity Deputy E.J. Noel (L) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy R.G. Bryans (H) Deputy A.D. Lewis (H) Deputy S.M. Bree (C) Deputy M.J. Norton (B) Deputy of St. Mary


13th September 2017

Deputy M. Tadier (B) Deputy of St. John

Deputy J.M. Maçon (S) 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 R. Labey (H) Deputy S.M. Wickenden (H) Deputy T.A. McDonald (S) Deputy G.J. Truscott (B)

Draft Education (Amendment No. 3) (Jersey) Law 201- P.56/2017

THE STATES commenced consideration of the Draft Education (Amendment No. 3) (Jersey) Law 201- and adopted the principles.

Members present voted as follows –

POUR: 43 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier

Senator A.J.H. Maclean Senator I.J. Gorst

Senator L.J. Farnham Senator S.C. Ferguson 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. Hilton (H) Deputy J.A.N. Le Fondré (L) 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. 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 S.M. Bree (C) Deputy M.J. Norton (B) Deputy T.A. McDonald (S) Deputy of St. Mary

Deputy G.J. Truscott (B)

THE STATES, having been informed by the Chairman of the Education and Home Affairs Scrutiny Panel that, in accordance with the provisions of Standing Order 72(1), she wished to have the Draft Education (Amendment No. 3) (Jersey) Law 201- referred to that Scrutiny Panel, agreed that, in accordance with the provisions of Standing Order 72(6), the 2nd reading of the draft Law should be listed to continue on 26th September 2017.

Draft Amendment (No. 33) of the Standing Orders of the States of Jersey P.59/2017

THE STATES commenced consideration of the Draft Amendment (No. 33) of the Standing Orders of the States of Jersey and adopted an amendment of the Privileges and Procedures Committee (P.59/2017 Amd.).

THE STATES, resuming consideration of the Draft Amendment (No. 33) of the Standing Orders of the States of Jersey, as amended, and in pursuance of Article 48 of the States of Jersey Law 2005, made Amendment (No. 33) of the Standing Orders of the States of Jersey.

Draft Customs and Excise (Amendment No. 8) (Jersey) Law 201- P.65/2017

THE STATES commenced consideration of the Draft Customs and Excise (Amendment No. 8) (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 4.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Customs and Excise (Amendment No. 8) (Jersey) Law 201-.

Members present voted as follows –

POUR: 39 CONTRE: 0 ABSTAIN: 0

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

Senator L.J. Farnham Senator S.C. Ferguson 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 J.A. Hilton (H) Deputy J.A.N. Le Fondré (L) 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 R.G. Bryans (H) Deputy of St. Peter

Deputy R.J. Rondel (H) Deputy S.Y. Mézec (H) Deputy A.D. Lewis (H) 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)

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) –

26th September 2017

Draft Education (Amendment No. 3) (Jersey) Law 201-.  P.56/2017. Lodged: 19th June 2017.

Minister for Education.

Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of  P.62/2017. the States.

Lodged: 4th July 2017.

Deputy M. Tadier of St. Brelade .

Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of  P.62/2017. the States (P.62/2017) – comments.  Com. Presented: 21st August 2017.

Privileges and Procedures Committee.

Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of  P.62/2017. the States (P.62/2017) – amendment.  Amd. Lodged: 6th September 2017.  (re-issue) Senator Sir P.M. Bailhache .

United Nations Convention on the Rights of the Child: compliance of draft Laws and  P.63/2017. training of States of Jersey employees.

Lodged: 7th July 2017.

Deputy L.M.C. Doublet of St. Saviour .

Draft Act annulling the Motor Traffic (Cabs – Fares and Charges) (Jersey) Order 2017.  P.64/2017. Lodged: 7th July 2017.

Senator S.C. Ferguson.

Draft Act annulling the Motor Traffic (Cabs – Fares and Charges) (Jersey) Order 2017  P.64/2017. (P.64/2017): comments.  Com. Presented: 11th September 2017.

Minister for Infrastructure.

Draft Asian Infrastructure Investment Bank (Immunities and Privileges) (Jersey)  P.68/2017. Regulations 201-.  (re-issue) Lodged: 21st July 2017.

Minister for External Relations.

Draft Taxation (Implementation) (International Tax Compliance) (Common Reporting  P.69/2017. Standard) (Amendment) (Jersey) Regulations 201-.

Lodged: 25th July 2017.

Minister for External Relations.

Jersey Financial Services Commission: appointment of Commissioner.  P.70/2017. Lodged: 27th July 2017.

Chief Minister.

Draft Statutory Nuisances (Jersey) Regulations 201-.  P.71/2017. Lodged: 31st July 2017.

Minister for the Environment.

States Assembly: selection and appointment of Ministers, Committees and Panels –  P.73/2017. return to secret ballots.

Lodged: 10th August 2017.

Deputy R. Labey of St. Helier .

States Assembly: selection and appointment of Ministers, Committees and Panels –  P.73/2017. return to secret ballots (P.73/2017) – comments.  Com. Presented: 7th September 2017.

Privileges and Procedures Committee.

States Assembly: selection and appointment of Ministers, Committees and Panels –  P.73/2017. return to secret ballots (P.73/2017) – amendment.  Amd. Lodged: 24th August 2017.

Deputy S.Y. Mézec of St. Helier .

Draft Sea Fisheries (Trawling, Netting and Dredging) (Amendment No. 4) (Jersey)  P.74/2017. Regulations 201-.

Lodged: 14th August 2017.

Minister for the Environment.

Warwick Farm: feasibility study for incorporating the site into the St. Helier Country  P.75/2017. Park.

Lodged: 18th August 2017.

Connétable of St. Helier .

Chief Minister: election by Island-wide vote of registered electors.  P.78/2017. Lodged: 24th August 2017.

Deputy R. Labey of St. Helier .

Chief Minister: election by Island-wide vote of registered electors (P.78/2017) –  P.78/2017. comments.  Com. Presented: 7th September 2017.

Privileges and Procedures Committee.

10th October 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.

States Employment Board: living wage 2017.  P.72/2017. Lodged: 31st July 2017.

Deputy G.P. Southern of St. Helier .

Draft Air and Sea Ports (Incorporation) (Transfer No. 2) (Jersey) Regulations 201-.  P.77/2017. Lodged: 24th August 2017.

Council of Ministers.

31st October 2017

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.

Draft Health and Safety at Work (Freight Containers Safety Convention)  P.80/2017. (Amendment) (Jersey) Regulations 201-.

Lodged: 12th September 2017.

Minister for Social Security.

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.

THE STATES rose at 12.37 p.m.

L.-M. HART Deputy Greffier of the States