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THE STATES assembled on Tuesday 14th February 2017, at 09.30 a.m. under the Presidency of the Deputy Bailiff , Timothy John Le Cocq , Esquire.
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All members were present at roll call with the exception of –
Senator Philip Francis Cyril Ozouf – en défaut
Connétable Stephen William Pallett of St. Brelade – en défaut (défaut raised at 10.05 a.m.)
Deputy Kristina Louise Moore of St. Peter – en défaut
Deputy Richard John Rondel of St. Helier – excused attendance (arrived in the Chamber at 10.15 a.m.) Deputy Louise Mary Catherine Doublet of St. Saviour – excused attendance
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Prayers
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Subordinate enactments tabled
The following enactments were tabled, namely –
Minister for External Relations.
Road Traffic ( St. John ) (Amendment No. 8) (Jersey) Order 2017. R&O.22/2017. Minister for Infrastructure.
Documents presented
Minister for Education: vote of censure (P.6/2017) – comments. P.6/2017. Presented: 13th February 2017. Com. Minister for Education.
Land Transactions under Standing Order 168(3) – Apartment No. 4, Block B, R.13/2017. Les Quennevais Park – Transfer of the Public's flying-freehold ownership and
cancellation of existing 99-year lease.
Presented: 7th February 2017.
Minister for Infrastructure.
Jersey Advisory and Conciliation Service: Annual Report 2016. R.14/2017. Presented: 8th February 2017.
Minister for Social Security.
Jersey Competition Regulatory Authority: appointment of Non-Executive Director. R.15/2017. Presented: 9th February 2017. (re-issue) Chief Minister.
States Members' Remuneration from 2018: Recommendations of the States Members' R.16/2017. Remuneration Review Body.
Presented: 9th February 2017.
Privileges and Procedures Committee.
Private Patient Income: Health and Social Services Department Follow-up. R.17/2017. Presented: 9th February 2017.
Comptroller and Auditor General.
Prison Board of Visitors: Chairman's Report 2016. R.18/2017. Presented: 10th February 2017.
Rural Economy Strategy 2017–2021: Towards Sustainable Farming. R.19/2017. Presented: 14th February 2017.
Minister for the Environment.
Jersey Competition Regulatory Authority: further appointment of Non-Executive R.20/2017. Director.
Presented: 14th February 2017.
Chief Minister.
States of Jersey Law 2005: delegation of functions – Social Security – Scheme of R.21/2017. delegations – February 2017.
Presented: 14th February 2017.
Minister for Social Security.
Draft Budget 2017 (S.R.8/2016): response of the Minister for Treasury and Resources. S.R.8/2016. Presented: 8th February 2017. Res. Minister for Treasury and Resources.
Notification of lodged propositions
States of Jersey Complaints Panel: re-appointment of members. P.8/2017. Lodged: 14th February 2017.
Privileges and Procedures Committee.
Concessionary busfares for the disabled: costs to be met by the States. P.9/2017. Lodged: 14th February 2017. (re-issue) Deputy M. Tadier of St. Brelade .
Electoral Reform. P.10/2017. Lodged: 14th February 2017.
Senator L.J. Farnham .
Draft Employment of States of Jersey Employees (Amendment No. 8) (Jersey) P.11/2017. Regulations 201-.
Lodged: 14th February 2017.
States Employment Board.
Withdrawal of lodged propositions
THE STATES noted that, in accordance with Standing Order 34(1), the proposers of the following propositions lodged "au Greffe" had informed the Greffier of the States that they had been withdrawn –
Draft Employment of States of Jersey Employees (Amendment No. 8) (Jersey) P.105/2016. Regulations 201-.
Lodged: 5th October 2016.
States Employment Board.
Draft Employment of States of Jersey Employees (Amendment No. 8) (Jersey) P.105/2016. Regulations 201- (P.105/2016): amendment. Amd. Lodged: 23rd December 2016.
States Employment Board.
Draft Employment of States of Jersey Employees (Amendment No. 8) (Jersey) P.105/2016. Regulations 201- (P.105/2016): second amendment. Amd.(2) Lodged: 31st January 2017.
States Employment Board.
Written Questions
(see Official Report/Hansard)
1(99) 1. The Chief Minister tabled an answer to a question asked by Deputy J.A. Martin of St. Helier
regarding the portfolio of Assistant Chief Minister, Senator P.F. Routier, M.B.E.
1(104) 2. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding reviews undertaken in respect of the Jersey Innovation Fund.
1(105) 3. The Minister for the Environment tabled an answer to a question asked by Deputy M. Tadier of
St. Brelade regarding the development of a renewable energy strategy for Jersey.
1(106) 4. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy
S.Y. Mézec of St. Helier regarding the decision of JT to invest in the Energous Corporation.
1(107) 5. The Chief Minister tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier
regarding concerns raised, or complaints made, about the negative social contribution of High Value Residents.
1(108) 6. The Minister for Health and Social Services tabled an answer to a question asked by Deputy
S.Y. Mézec of St. Helier regarding blood donation by gay men.
1(109) 7. The Chairman of the Privileges and Procedures Committee tabled an answer to a question asked by
Deputy M. Tadier of St. Brelade regarding States Members' declarations of interest in respect of investment holding companies.
1(110) 8. The Minister for the Treasury and Resources tabled an answer to a question asked by Deputy
M. Tadier of St. Brelade regarding the exemption of home-care agencies from the Goods and Services Tax.
1(111) 9. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy
G.P. Southern of St. Helier regarding the decision of JT to introduce a surcharge on postal billing and payment by cheque.
1(112) 10. The Minister for the Environment tabled an answer to a question asked by Deputy M. Tadier of
St. Brelade regarding air quality in the Tunnel.
1(113) 11. The Minister Social Security tabled an answer to a question asked by the Deputy of St. John
regarding the impact of policy changes within Income Support.
1(114) 12. The Minister Social Security tabled an answer to a question asked by Deputy G.P. Southern of
St. Helier regarding the impact of reduced payments of Income Support.
1(115) 13. The Minister for Education tabled an answer to a question asked by Deputy G.P. Southern of
St. Helier regarding newly qualified teachers' salaries.
1(116) 14. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding the publication of decisions by the Housing and Work Advisory Group.
1(117) 15. The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier
regarding his role and that of the Minister for Health and Social Services at a meeting at which it was decided to break the contract with Mr. Alwitry.
1(118) 16. The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier
regarding the status of the zero-ten tax policy following Brexit.
1(119) 17. The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier
regarding the role of the zero-ten tax policy and measures to ensure Jersey's tax neutrality.
1(120) 18. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer to a
question asked by Deputy M.R. Higgins of St. Helier regarding the production of statistics in respect of visitor numbers to Jersey.
Oral Questions
(see Official Report/Hansard)
1(126) 1. Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding
the impact of the freeze on Income Support basic component levels since 2009 on living standards and disposable incomes.
1(129) 2. Deputy M.R. Higgins of St. Helier asked a question of the Minister for External Relations regarding
the recruitment of a Brexit public relations officer'.
1(128) 3. Deputy M. Tadier of St. Brelade asked a question of the Chief Minister regarding whether he would
ask Ministers responsible for signing off loans from the Jersey Innovation Fund to step down.' 1(101) 4. Deputy J.M. Maçon of St. Saviour asked a question of the Assistant Minister for Treasury and
Resources regarding the appropriateness of JT's decision to introduce charges for receiving a paper
bill and non-direct debit payment services.
1(121) 5. The Deputy of St. John asked a question of the Minister for Education regarding the use of
carry forwards to cover the funding shortfall created by not achieving M.T.F.P. savings for the Nursery Education Fund.
1(130) 6. Deputy A.D. Lewis of St. Helier asked a question of the Minister for Education regarding the
prospect of ensuring that private and public nursery education providers operate on identical supervision ratios.
1(122) 7. Senator S.C. Ferguson asked a question of the Assistant Chief Minister regarding the availability of
the Gazette for people with no access to a computer or the Internet.
1(100) 8. Deputy J.A. Martin of St. Helier asked a question of the Assistant Chief Minister regarding the
replacement of the Interim Population Policy with a permanent population policy.
1(102) 9. The Connétable of St. John asked a question of the Assistant Minister for Treasury and Resources
regarding charges levied by JT for customers to receive a paper bill or to pay by cheque.
1(133) 10. Deputy S.Y. Mézec of St. Helier asked a question of the Minister for Social Security regarding the
financial support available to 18 to 25 year-olds who live with their parents and who have a diagnosed mental illness.
1(135) 11. Deputy K.C. Lewis of St. Saviour asked a question of the Assistant Chief Minister regarding the
level of assistance provided to community banks.
1(103) 12. The Connétable of St. John asked a question of the Minister for the Environment regarding the legal
authority for demanding a development levy'.
1(134) 13. Deputy S.Y. Mézec of St. Helier asked a question of the Minister for Housing regarding measures
to prevent letting agents from charging extortionate fees to tenants.
1(127) 14. Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding measures to
meet the targets of delivering £70 million in people savings' and of re-establishing a partnership with public sector representatives.
1(125) 15. The Deputy of St. John asked a question of the Minister for Economic Development, Tourism, Sport
and Culture regarding increases in input costs for businesses across all sectors.
1(123) 16. Senator S.C. Ferguson asked a question of the Assistant Minister for Treasury and Resources
regarding the financial justification of JT for charging for paper bills and for bills paid by cheque or cash.
Roll call
During the course of oral questions, the Deputy Bailiff , in accordance with Standing Order 56(1), directed that elected members be summoned as the Assembly was inquorate. In accordance with Standing Order 56(2), having allowed such time as he considered reasonable for elected members to return to the Chamber, the Deputy Bailiff asked the Greffier to call the roll, as he believed that the States remained inquorate. The following members were present in the Chamber for this second roll call –
Senator P.F. Routier Senator I.J. Gorst
Senator S.C. Ferguson Connétable of St. Mary Connétable of St. Brelade Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of St. John Deputy G.P. Southern (H) Deputy of Grouville Deputy of Trinity
Deputy K.C. Lewis (S) Deputy E.J. Noel (L) Deputy of St. John
Deputy M.R. Higgins (H) Deputy of St. Martin Deputy R.J. Rondel (H) Deputy S.Y. Mézec (H) Deputy of St. Ouen Deputy R. Labey (H) Deputy T.A. McDonald (S) Deputy of St. Mary Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)
Oral Questions without notice (see Official Report/Hansard)
The Minister for Infrastructure answered questions without notice from members. The Minister for the Environment answered questions without notice from members.
Minister for Education: vote of censure P.6/2017
THE STATES commenced consideration of a proposition of Deputy Geoffrey Peter Southern of St. Helier entitled Minister for Education: vote of censure' (P.6/2017) and rejected the proposition to censure the Minister for Education, Deputy Roderick Gordon Bryans of St. Helier , for his failure to maintain and strengthen the Public's trust and confidence in the integrity of the States of Jersey by his repeated use of misleading data in debate.
Members present voted as follows –
POUR: 4 CONTRE: 40 ABSTAIN: 1
Deputy G.P. Southern (H) Senator P.F. Routier Senator S.C. Ferguson Deputy M. Tadier (B) Senator A.J.H. Maclean
Deputy M.R. Higgins (H) Senator I.J. Gorst
Deputy S.Y. Mézec (H) Senator L.J. Farnham
Senator P.M. Bailhache
Senator A.K.F. Green
Connétable of St. Helier
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 E.J. Noel (L)
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 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)
Draft Bank (Recovery and Resolution) (Jersey) Law 201- P.134/2016
THE STATES commenced consideration of the Draft Bank (Recovery and Resolution) (Jersey) Law 201- and adopted the principles.
Members present voted as follows –
POUR: 40 CONTRE: 1 ABSTAIN: 0 Senator P.F. Routier Deputy of St. John
Senator A.J.H. Maclean
Senator I.J. Gorst
Senator L.J. Farnham
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. 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
Deputy J.A. Martin (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 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 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 Articles 1 to 50.
THE STATES adopted Articles 51 to 89.
Members present voted as follows –
POUR: 27 CONTRE: 3 ABSTAIN: 0
Senator P.F. Routier
Senator A.J.H. Maclean Senator I.J. Gorst
Senator P.M. Bailhache Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Helier 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 Deputy J.A. Martin (H) Deputy J.A.N. Le Fondré (L) Deputy K.C. Lewis (S) Deputy J.M. Maçon (S) Deputy of St. Martin
Deputy A.D. Lewis (H) 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 M. Tadier (B)
Deputy M.R. Higgins (H) Deputy S.Y. Mézec (H)
THE STATES adopted Articles 90 to 178 and Schedules 1 and 2.
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Bank (Recovery and Resolution) (Jersey) Law 201-.
Members present voted as follows –
POUR: 30 CONTRE: 2 ABSTAIN: 0
Senator P.F. Routier
Senator I.J. Gorst
Senator P.M. Bailhache Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Helier 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 Deputy J.A. Martin (H) Deputy J.A.N. Le Fondré (L) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy J.M. Maçon (S) Deputy of St. Martin
Deputy R.G. Bryans (H) Deputy S.Y. Mézec (H) Deputy R. Labey (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 of St. John
Deputy M.R. Higgins (H)
Draft The Law Society of Jersey (Amendment No. 4) (Jersey) Law 201- P.136/2016
THE STATES commenced consideration of the Draft The Law Society of Jersey (Amendment No. 4) (Jersey) Law 201- and adopted the principles.
THE STATES, having been informed by the Chairman of the Corporate Services Scrutiny Panel that, in accordance with the provisions of Standing Order 72(1), he wished to have the Draft The Law Society of Jersey (Amendment No. 4) (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 2nd May 2017, this being no later than the 4th meeting following the debate upon the principles.
Draft States of Jersey Police Force (Chief Officer and Deputy Chief Officer) (Jersey) Regulations 201- P.139/2016
THE STATES commenced consideration of the Draft States of Jersey Police Force (Chief Officer and Deputy Chief Officer) (Jersey) Regulations 201- and adopted the principles.
Members present voted as follows –
POUR: 31 CONTRE: 0 ABSTAIN: 0
Senator P.F. Routier
Senator P.M. Bailhache Connétable of St. Helier Connétable of St. Clement Connétable of St. Lawrence Connétable of St. Ouen Connétable of St. Martin Connétable of St. Saviour Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H) Deputy of Grouville
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 M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin
Deputy R.G. Bryans (H) Deputy S.Y. Mézec (H) Deputy R. Labey (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 to 38.
THE STATES, in pursuance of Articles 9 and 33 of the States of Jersey Police Force Law 2012, made Regulations entitled the States of Jersey Police Force (Chief Officer and Deputy Chief Officer) (Jersey) Regulations 2017.
Members present voted as follows –
POUR: 32 CONTRE: 0 ABSTAIN: 0
Senator P.F. Routier Senator A.J.H. Maclean Senator P.M. Bailhache Senator A.K.F. Green Connétable of St. Helier Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Ouen Connétable of St. Martin Connétable of St. Saviour Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H) Deputy of Grouville
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 S.Y. Mézec (H) Deputy R. Labey (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)
Draft States of Jersey Police Force (Police Negotiating Board) (Jersey) Regulations 201- P.140/2016
THE STATES commenced consideration of the Draft States of Jersey Police Force (Police Negotiating Board) (Jersey) Regulations 201- and adopted the principles.
Members present voted as follows –
POUR: 34 CONTRE: 0 ABSTAIN: 0
Senator A.J.H. Maclean Senator I.J. Gorst
Senator P.M. Bailhache Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Helier 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 St. John Connétable of Trinity Deputy J.A. Martin (H) Deputy of Grouville
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 S.Y. Mézec (H) Deputy R. Labey (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 to 7.
THE STATES, in pursuance of Article 11 of the States of Jersey Police Force Law 2012, made Regulations entitled the States of Jersey Police Force (Police Negotiating Board) (Jersey) Regulations 2017.
Changes in Presidency
The Deputy Bailiff briefly retired from the Chamber during consideration of the Draft States of Jersey Police Force (Police Negotiating Board) (Jersey) Regulations 201- and Mrs. Lisa-Marie Hart , Deputy Greffier of the States, assumed the Presidency. The Deputy Bailiff returned to the Chamber during consideration of the same Draft Regulations and the meeting continued under his Presidency.
Senators and Deputies: candidates' qualifications P.1/2017
THE STATES commenced consideration of a proposition of Deputy Montfort Tadier of St. Brelade entitled Senators and Deputies: candidates' qualifications' (P.1/2017).
Changes in Presidency
The Deputy Bailiff retired from the Chamber during consideration of the proposition of Deputy Montfort Tadier of St. Brelade entitled Senators and Deputies: candidates' qualifications' (P.1/2017) and the meeting continued under the Presidency of the Bailiff .
Adjournment
THE STATES adjourned, having agreed to reconvene on Wednesday 15th February 2017 to continue consideration of the proposition of Deputy Montfort Tadier of St. Brelade entitled Senators and Deputies: candidates' qualifications' (P.1/2017), and the other outstanding items of public business.
THE STATES rose at 5.31 p.m.
L.-M. HART Deputy Greffier of the States