Skip to main content

States Minutes 16th November 2017

The official version of this document can be found via the PDF button.

The below content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments.

PDF version

THE STATES assembled on Thursday 16th November 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 – en défaut (défaut raised at 9.37 a.m.)

Senator Alan John Henry Maclean – en défaut (défaut raised at 9.40 a.m.)

Senator Sir Philip Martin Bailhache – excused attendance (arrived in the Chamber at 10:00 a.m.) Connétable Sadie Anthea Le Sueur -Rennard of St. Saviour – en défaut (défaut raised at 9.40 a.m.) Deputy Geoffrey Peter Southern of St. Helier – en défaut (défaut raised at 9.40 a.m.)

Deputy Susan Jane Pinel of St. Clement – en défaut

Deputy Richard John Rondel of St. Helier – ill

 __________________

Prayers

 __________________

Notification of lodged propositions

Draft Budget Statement 2018 (P.90/2017): eighth amendment.  P.90/2017. Lodged: 16th November 2017.  Amd.(8) Senator P.F.C. Ozouf .

Elected Speaker and Deputy Speaker of the States Assembly: selection and appointment P.84/2017

THE STATES resumed consideration of the proposition of the Chief Minister entitled Elected Speaker and Deputy Speaker of the States Assembly: selection and appointment' (P.84/2017), as amended, and, adopting a proposition of Senator Paul Francis Routier, M.B.E., agreed, in accordance with the provisions of Standing Order 84, that the debate on the principles be put to the vote.

Members present voted as follows –

POUR: 28  CONTRE: 16  ABSTAIN: 1 Senator P.F. Routier   Connétable of St. Helier  Senator I.J. Gorst

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

Senator P.M. Bailhache   Deputy J.A. Martin (H)

Senator A.K.F. Green   Deputy G.P. Southern (H)

Senator S.C. Ferguson   Deputy of Grouville

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

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

Connétable of St. Mary   Deputy of St. John

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

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

Connétable of St. Martin   Deputy of St. Ouen

Connétable of St. Saviour   Deputy L.M.C. Doublet (S)

Connétable of Grouville   Deputy R. Labey (H)

Connétable of St. John   Deputy S.M. Wickenden (H)

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

Deputy J.A. Hilton (H)   Deputy P.D. McLinton (S)

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

Deputy E.J. Noel (L) Deputy J.M. Maçon (S) Deputy of St. Martin

Deputy R.G. Bryans (H) 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)

THE STATES, adopting the proposition of the Chief Minister, as amended –

  1. subject to paragraph (3) agreed that –
  1. the States Assembly should select its Speaker either from amongst the elected members of the Assembly, or by appointing a person who was not a Member of the Assembly but who would be eligible for election to the Assembly;
  2. the States Assembly should select a Deputy Speaker from amongst the elected members of the Assembly;
  3. the selection and appointment of the Speaker and Deputy Speaker should be the first items of business for any new States Assembly and, should either office become vacant during the term of an Assembly, be the first item of business at the next scheduled meeting of the Assembly;
  4. the Speaker and Deputy Speaker should be elected to serve for the duration of an Assembly term, or for the remainder of the Assembly's term if (for any reason) they were elected mid-term;
  5. the process for electing the Speaker and Deputy Speaker should follow a similar format as those for the election of the Chief Minister, Ministers and Scrutiny Panel Chairmen;
  6. provision should be made for the Speaker and Deputy Speaker to resign and/or be removed from office by the States Assembly;
  7. the Speaker should be required to act impartially, and be seen to act impartially, at all times. To that end, the Speaker may not lodge propositions, table questions, participate in debates or vote on propositions. Upon being elected, the Speaker would be required to resign from any membership of a political party;
  8. the Deputy Speaker should be required to act impartially when chairing meetings of the Assembly and undertaking official duties related to their role as Deputy Speaker. When not acting as Deputy Speaker, the Member elected to this post may continue to lodge propositions, table questions, participate in debates, vote on propositions and sit on scrutiny panels;
  9. the functions of the Speaker should include –
  1. fulfilling all the functions of the Presiding Officer as set out in the States of Jersey Law 2005 and the Standing Orders of the States of Jersey;
  2. representing the States Assembly both within Jersey and overseas;
  1. promoting the development of the States Assembly and democracy in Jersey;
  1. the functions of the Deputy Speaker should include –
  1. fulfilling the functions of the Speaker in the absence of, or at the request of, the Speaker or at any other time when the office of Speaker became vacant;
  2. supporting the Speaker in representing the States Assembly within Jersey and overseas;
  3. supporting the work of the Speaker in promoting the development of the States Assembly and democracy in Jersey;
  1. the additional resources required to support a Speaker and Deputy Speaker should be provided for within the current structure of the States Greffe;
  2. the Bailiff should remain as the Civic Head of Jersey, continue to swear in Members of the States Assembly in the Royal Court, Preside in the Assembly during the process of electing a Speaker, and be invited to Preside in, or address the Assembly, on ceremonial and other appropriate occasions;
  1. the Privileges and Procedures Committee, with the support of the Chief Minister's Office, should bring forward all necessary actions, including legislative amendments, to implement these changes in time for the Assembly to select and appoint a Speaker and Deputy Speaker at its first meeting in 2019, provided that any such legislative amendments must include provisions for an Appointed Day Act which should only be brought to the Assembly after the elections of May 2018;
  2. paragraphs (1) and (2) should be void and of no effect unless the majority of the people voting in a referendum on the question of whether the Bailiff should remain the President of the States, held in accordance with the Referendum (Jersey) Law 2017, had voted against the Bailiff remaining the President of the States.

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 I.J. Gorst

Senator L.J. Farnham Senator P.M. Bailhache Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Lawrence Connétable of St. Martin Connétable of St. John 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. Martin


Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Saviour Connétable of Grouville Connétable of Trinity Deputy J.A. Martin (H) Deputy G.P. Southern (H) 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 R. Labey (H) Deputy S.M. Bree (C)

Deputy R.G. Bryans (H) Deputy of St. Peter

Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy G.J. Truscott (B)


Deputy M.J. Norton (B) Deputy T.A. McDonald (S) Deputy P.D. McLinton (S)

THE STATES noted that, in accordance with the provisions of Standing Order 106(1)(c), Senator Sir Philip Martin Bailhache declared an interest which was not financial, and remained in the Chamber for the duration of the debate on the proposition of the Chief Minister.

Roll Call

During consideration of the proposition of the Chief Minister entitled Elected Speaker and Deputy Speaker of the States Assembly: selection and appointment' (P.84/2017), as amended, the Presiding Officer, 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 Presiding Officer 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 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 G.P. Southern (H) Deputy J.A. Hilton (H) Deputy J.A.N. Le Fondré (L) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy S.Y. Mézec (H) Deputy of St. Ouen

Deputy S.M. Bree (C) Deputy T.A. McDonald (S) Deputy of St. Mary

Deputy G.J. Truscott (B)

Draft Road Works and Events (Jersey) Law 2016 (Appointed Day) (No. 2) Act 201- P.85/2017

THE STATES, in pursuance of Article 71 of the Road Works and Events (Jersey) Law 2016, made an Act entitled the Road Works and Events (Jersey) Law 2016 (Appointed Day) (No. 2) Act 2017.

Draft Road Works (Embargo Periods and Protected Roads) (Jersey) Regulations 201- P.86/2017

THE STATES commenced consideration of the Draft Road Works (Embargo Periods and Protected Roads) (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 28, 29 and 68 of the Road Works and Events (Jersey) Law 2016, made Regulations entitled the Road Works (Embargo Periods and Protected Roads) (Jersey) Regulations 2017.

Members present voted as follows –

POUR: 31 CONTRE: 0 ABSTAIN: 0

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

Deputy L.M.C. Doublet (S) Deputy S.M. Bree (C) Deputy T.A. McDonald (S) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)

Draft Road Works and Events (Consequential Provisions) (Jersey) Regulations 201- P.87/2017

THE STATES commenced consideration of the Draft Road Works and Events (Consequential Provisions) (Jersey) Regulations 201- and adopted the principles.

Members present voted as follows –

POUR: 29 CONTRE: 0 ABSTAIN: 0

Senator A.J.H. Maclean 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. Martin Connétable of Grouville 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 of St. Peter

Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy S.M. Bree (C) 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, in pursuance of Article 69(4) of the Road Works and Events (Jersey) Law 2016, made Regulations entitled the Road Works and Events (Consequential Provisions) (Jersey) Regulations 2017.

Draft Maintenance Orders (Enforcement) (Amendment No. 3) (Jersey) Law 201- P.89/2017

THE STATES commenced consideration of the Draft Maintenance Orders (Enforcement) (Amendment No. 3) (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 Maintenance Orders (Enforcement) (Amendment No. 3) (Jersey) Law 201-.

Draft Marriage and Civil Status (Amendment No. 4) (Jersey) Law 201- P.91/2017

THE STATES commenced consideration of the Draft Marriage and Civil Status (Amendment No. 4) (Jersey) Law 201- and adopted an amendment of the Chief Minister (P.91/2017 Amd.)

THE STATES, resuming consideration of the Draft Marriage and Civil Status (Amendment No. 4) (Jersey) Law 201-, as amended, adopted the principles.

Members present voted as follows –

POUR: 33  CONTRE: 1  ABSTAIN: 2 Senator P.F. Routier   Connétable of St. Martin   Connétable of Trinity

Senator L.J. Farnham   Deputy of St. Ouen Senator P.M. Bailhache

Senator A.K.F. Green

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. 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 M. Tadier (B)

Deputy of St. John

Deputy J.M. Maçon (S)

Deputy R.G. Bryans (H)

Deputy S.Y. Mézec (H)

Deputy L.M.C. Doublet (S)

Deputy R. Labey (H)

Deputy S.M. Wickenden (H)

Deputy S.M. Bree (C)

Deputy T.A. McDonald (S)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Deputy P.D. McLinton (S)

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 Marriage and Civil Status (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 30th January 2018.

Jersey Appointments Commission: re-appointment of Commissioner P.92/2017

THE STATES, adopting a proposition of the States Employment Board entitled Jersey Appointments Commission: re-appointment of Commissioner' (P.92/2017), re-appointed Professor Edward Sallis, O.B.E. as a  Commissioner of the  Jersey Appointments  Commission, in accordance with Article 18 of the Employment of States of Jersey Employees (Jersey) Law 2005, until 31st October 2019.

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) –

27th November 2017

(Meeting to commence at 2.45 p.m. on Monday 27th November 2017. Consideration of Public Business to commence at 9.30 a.m. on 28th November 2017.)

Draft Budget Statement 2018.  P.90/2017. Lodged: 3rd October 2017.

Minister for Treasury and Resources.

Draft Budget Statement 2018 (P.90/2017): amendment.  P.90/2017. Lodged: 14th November 2017.  Amd. Connétable of St. Helier .

Draft Budget Statement 2018 (P.90/2017): second amendment.  P.90/2017. Lodged: 14th November 2017.  Amd.(2) Connétable of Grouville .

Draft Budget Statement 2018 (P.90/2017): third amendment.  P.90/2017. Lodged: 14th November 2017.  Amd.(3) Deputy S.Y. Mézec of St. Helier .

Draft Budget Statement 2018 (P.90/2017): fourth amendment.  P.90/2017. Lodged: 15th November 2017.  Amd.(4) Senator P.F.C. Ozouf .

Draft Budget Statement 2018 (P.90/2017): fifth amendment.  P.90/2017. Lodged: 15th November 2017.  Amd.(5) Senator P.F.C. Ozouf .

Draft Budget Statement 2018 (P.90/2017): sixth amendment.  P.90/2017. Lodged: 15th November 2017.  Amd.(6) Senator P.F.C. Ozouf .

Draft Budget Statement 2018 (P.90/2017): seventh amendment.  P.90/2017. Lodged: 15th November 2017.  Amd.(7) Senator P.F.C. Ozouf .

Draft Budget Statement 2018 (P.90/2017): eighth amendment.  P.90/2017. Lodged: 16th November 2017.  Amd.(8) Senator P.F.C. Ozouf .

Draft Finance (2018 Budget) (Jersey) Law 201-.  P.98/2017. Lodged: 17th October 2017.

Minister for Treasury and Resources.

Draft Finance (2018 Budget) (Jersey) Law 201- (P.98/2017): amendment. Lodged: 14th November 2017.

Connétable of St. Helier .


P.98/2017. Amd.

Draft Public Employees (Pensions) (Deferred Pensions, Transfer Payments and Refund  P.93/2017. of Contributions) (Miscellaneous Amendments) (Jersey) Regulations 201-.

Lodged: 10th October 2017.

Chief Minister.

Draft Public Employees (Pensions) (Deferred Pensions, Transfer Payments and Refund  P.93/2017. of Contributions) (Miscellaneous Amendments) (Jersey) Regulations 201- (P.93/2017):  Amd. amendment.

Lodged: 14th November 2017.

Chief Minister.

Draft Loi (201-) (Amendement No. 6) sur la propriété foncière.  P.94/2017. Lodged: 11th October 2017.

Chief Minister.

Draft EU Legislation (Payment Services – SEPA) (Amendment) (Jersey) Regulations  P.99/2017. 201-.

Lodged: 17th October 2017.

Chief Minister.

Short-Term Incapacity Allowance: lower threshold.  P.102/2017. Lodged: 23rd October 2017.

Deputy G.P. Southern of St. Helier .

Minimum Wage: revocation of Social Security Order (R&O.109/2017) and amendment  P.109/2017. of States Act dated 21st April 2010.

Lodged: 31st October 2017.

Deputy S.Y. Mézec of St. Helier .

11th December 2017

(Meeting to commence at 2.30 p.m. on Monday 11th December 2017. Consideration of Public Business to commence at 9.30 a.m. on 12th December 2017.)

Draft Public Health and Safety (Rented Dwellings) (Jersey) Law 201-.  P.66/2017. Lodged; 17th July 2017.

Minister for the Environment.

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

Deputy G.P. Southern of St. Helier .

Draft Petty Debts Court (Miscellaneous Amendments) (Jersey) Regulations 201-.  P.95/2017. Lodged: 12th October 2017.

Chief Minister.

Draft States of Jersey (Appointment Procedures) (Jersey) Law 201-.  P.97/2017. Lodged: 13th October 2017.  (re-issue) Privileges and Procedures Committee.

Jersey Infrastructure Levy: approval in principle.  P.100/2017. Lodged: 20th October 2017.

Minister for the Environment.

Draft Royal Court (Amendment No. 15) (Jersey) Law 201-.  P.101/2017. Lodged: 23rd October 2017.

Deputy M. Tadier of St. Brelade .

Draft Employment (Minimum Wage) (Amendment No. 14) (Jersey) Regulations 201-. P.104/2017. Lodged: 24th October 2017.

Minister for Social Security.

Draft Howard Davis Farm (Arrangements for further Abrogation of Covenant) (Jersey)  P.105/2017. Law 201-.

Lodged: 24th October 2017.

Minister for Infrastructure.

Draft Statistics and Census (Jersey) Law 201-.  P.106/2017. Lodged: 27th October 2017.

Chief Minister.

Future Hospital: approval of preferred scheme and funding.  P.107/2017. Lodged: 31st October 2017.

Minister for Treasury and Resources.

Independent Jersey Care Inquiry Report: implementation of recommendations.  P.108/2017. Lodged: 31st October 2017.

Chief Minister.

Draft Public Finances (Amendment No. 5) (Jersey) Law 201-.  P.111/2017. Lodged: 7th November 2017.

Minister for Treasury and Resources.

16th January 2018

Draft Road Traffic (No. 63) (Jersey) Regulations 201-.  P.67/2017. Lodged: 17th July 2017.

Minister for Infrastructure.

JT Group Limited: restructuring of enterprise.  P.96/2017. Lodged: 12th October 2017.

Senator S.C. Ferguson.

JT Group Limited: restructuring of enterprise (P.96/2017) – comments.  P.96/2017. Presented: 13th November 2017.  Com. Council of Ministers.

JT Group Limited: restructuring of enterprise (P.96/2017) – amendment.  P.96/2017. Lodged: 31st October 2017.  Amd. Senator S.C. Ferguson.

Draft Connétable s (Amendment No. 2) (Jersey) Law 201-.  P.112/2017. Lodged: 14th November 2017.

Privileges and Procedures Committee.

Income Support: reinstatement of single parent component.  P.113/2017. Lodged: 15th November 2017.

Health and Social Security Scrutiny Panel.

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 .

Draft Marriage and Civil Status (Amendment No. 4) (Jersey) Law 201-. P.91/2017. Lodged: 3rd October 2017.

Chief Minister.

Draft Liquor Licensing (Jersey) Law 201-.  P.103/2017. Lodged: 24th October 2017.

Minister for Economic Development, Tourism, Sport and Culture.

THE STATES rose at 5.29 p.m.

W. MILLOW

Acting Greffier of the States

Recent News

Next week's States meeting: Tuesday 21 January 17 January 2025
Next week's Constituency Drop-Ins 13 December 2024
States Meeting Summary: 10-12 December 11 December 2024

Quick links