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States Minutes 18th July 2017

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THE STATES assembled on Tuesday 18th July 2017, at 09.30 a.m. under the Presidency of the Bailiff ,

Sir William James Bailhache .

 __________________

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 9.37 a.m.)

Senator Lyndon John Farnham – en défaut (défaut raised at 10.06 a.m.)

Deputy John Alexander Nicholas Le Fondré of St. Lawrence – absent on States business (arrived in the Chamber at 2.27 p.m.)

Deputy Kevin Charles Lewis of St. Saviour – absent on States business (arrived in the Chamber at 2.25 p.m.) Deputy Richard John Renouf of St. Ouen – en défaut

 __________________

Prayers read by the Acting Dean of Jersey __________________

Subordinate enactments tabled

The following enactments were tabled, namely –

Road Traffic ( Grouville ) (Amendment No. 9) (Jersey) Order 2017.  R&O.73/2017. Minister for Infrastructure.

Road Traffic ( St. Martin ) (Amendment No. 11) (Jersey) Order 2017.  R&O.74/2017. Minister for Infrastructure.

Taxation (Implementation) (International Tax Compliance) (Common Reporting  R&O.75/2017. Standard) (Amendment of Regulations No. 2) (Jersey) Order 2017.

Minister for External Relations.

Dormant Bank Accounts (Notices, Fees and Terms of Agency) (Jersey) Order 2017.  R&O.76/2017. Chief Minister.

Documents presented

Draft States of Jersey Police Force (Amendment No. 2) Law 201- (P.30/2017):  P.30/2017. comments.  Com. Presented: 17th July 2017.

Education and Home Affairs Scrutiny Panel.

Draft Criminal Procedure (Bail) (Jersey) Law 201- (P.52/2017): comments.  P.52/2017. Presented: 17th July 2017.  Com. Education and Home Affairs Scrutiny Panel.

Customs and Immigration Service: Annual Report 2016.  R.84/2017. Presented: 11th July 2017.

Minister for Home Affairs.

Food and Nutrition Strategy for Jersey 2017 – 2022.  R.85/2017. Presented: 13th July 2017.

Minister for Health and Social Services.

States of Jersey Law 2005: delegation of functions – External Relations – Minister to  R.86/2017. Accounting Officer.

Presented: 18th July 2017.

Minister for External Relations.

Brexit Information Report: July 2017 update.  R.87/2017. Presented: 18th July 2017.

Minister for External Relations.

Legislative Scrutiny: a Consultation Paper.  R.88/2017. Presented: 18th July 2017.

Privileges and Procedures Committee.

Review of User-Pays Charges for Non-Households, Phase 1 – Liquid Waste.  S.R.7/2017. Presented: 13th July 2017.

Environment, Housing and Infrastructure Scrutiny Panel.

Jersey International Finance Centre.  S.R.8/2017. Presented: 14th July 2017.

Corporate Services Scrutiny Panel.

2017 Electoral Reform (S.R.6/2017): response of the Privileges and Procedures  S.R.6/2017. Committee.  Res. Presented: 17th July 2017.

Privileges and Procedures Committee.

Review of User-Pays Charges for Non-Households, Phase 1 – Liquid Waste  S.R.7/2017. (S.R.7/2017): response of the Minister for Infrastructure.  Res. Presented: 18th July 2017.

Minister for Infrastructure.

Notification of lodged propositions

Draft Customs and Excise (Amendment No. 8) (Jersey) Law 201-.  P.65/2017. Lodged: 12th July 2017.

Minister for Home Affairs.

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

Minister for the Environment.

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

Minister for Infrastructure.

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 –

Jersey Ethical Care Charter (P.48/2017): amendment.  P.48/2017. Lodged: 27th June 2017.  Amd. Minister for Health and Social Services.

Jersey Ethical Care Charter (P.48/2017): second amendment.  P.48/2017. Lodged: 3rd July 2017.  Amd.(2) Deputy G.P. Southern of St. Helier .

Written Questions

(see Official Report/Hansard)

1(396)  1.  The Deputy of Grouville asked a question of the Chief Minister regarding the extension of the

Freedom of Information (Jersey) Law 2011 to companies wholly owned by, or controlled by, the States of Jersey.

1(397)  2.  The   Deputy  of   Grouville  asked  a  question  of  the  Minister  for  Infrastructure  regarding  the

construction of the Eastern Cycle Network.

1(415)  3.   Deputy J.M. Maçon of St. Saviour asked a question of the Chairman of the States Employment

Board regarding individuals still in the employ of the States of Jersey who had received criticism from the Independent Jersey Care Inquiry.

1(416)  4.  The Deputy of Grouville asked a question of the Minister for Infrastructure regarding the new

hospital development.

1(417)  5.  The Deputy of Grouville asked a question of the Chief Minister regarding the administration of

Control of Housing and Work legislation.

1(418)  6.  The Deputy of Grouville asked a question of the Minister for the Environment regarding planning

requirements in relation to developments undertaken by the construction industry.

1(419)  7.   Deputy  J.M. Maçon  of   St. Saviour  asked  a  question  of  the  Chairman  of  the  Privileges  and

Procedures Committee regarding prospective changes to the oath of office for elected members of the States Assembly.

1(420)  8.   Deputy  J.M. Maçon  of   St. Saviour  asked  a  question  of  the  Chairman  of  the  Privileges  and

Procedures Committee regarding briefings or training for States members on their responsibilities as corporate parents for looked-after children.

1(421)  9.   Deputy J.M. Maçon of St. Saviour asked a question of the Chairman of the States Employment

Board regarding a review of the serious complaints policy.

1(422)  10. The Deputy of St. John asked a question of the Minister for Health and Social Services regarding

the reporting by professionals of abuse of children and adults.

1(423)  11. The Deputy of St. John asked a question of the Minister for Housing regarding the implementation

of recommendations made in Housing Transformation Programme' (S.R.6/2013).

1(424)  12. The Deputy of St. John asked a question of the Chief Minister regarding the post-implementation

review of the Control of Housing and Work (Jersey) Law 2012.

1(425)  13. Deputy J.A.N. Le Fondré of St. Lawrence asked a question of the Chief Minister regarding an

update to the answers provided to written questions 9569 and 9570 in relation to the cost of inward migration

1(427)  14. Deputy J.A. Martin of St. Helier asked a question of the Minister for Social Security regarding the

prospect of assistance with the payment of Social Security contributions being made available for start-up self-employed businesses.

1(428)  15. Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding population

growth.

1(429)  16. Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding the level of

productivity within Jersey's economy.

1(430)  17. Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding

prospective measures to address inappropriate employment practices.

1(431)  18. Deputy R. Labey of St. Helier asked a question of the Minister for Education regarding the

procedure for dealing with complaints by staff at Highlands College about bullying and harassment. 1(432)  19. Deputy R. Labey of St. Helier asked a question of the Chairman of the States Employment Board

regarding actions in relation to States of Jersey employees, both former and existing, implicated in

the report of the Independent Jersey Care Inquiry.

1(433)  20. Deputy G.P. Southern of St. Helier asked a question of the Minister for Health and Social Services

regarding staffing within the Child and Adolescent Mental Health Service.

1(434)  21. Deputy G.P. Southern of St. Helier asked a question of the Minister for Treasury and Resources

regarding a reconciliation of the number of newly-registered taxpayers with the estimates for newly- licensed and registered inward migrants.

1(435)  22. Deputy M.R. Higgins of St. Helier asked a question of the Chief Minister regarding the costs of

legal representation of States Departments in relation to the Independent Jersey Care Inquiry. 1(436)  23. Deputy M.R. Higgins of St. Helier asked a question of the Minister for Health and Social Services

regarding people attending the Drug and Alcohol Service.

1(437)  24. Deputy M.R. Higgins of St. Helier asked a question of the Chief Minister regarding the impact of

artificial intelligence and Fintech on employment in financial services and the accountancy and legal sectors.

1(438)  25. Deputy M.R. Higgins of St. Helier asked a question of the Minister for Health and Social Services

regarding measures being taken to deal with the drug Fentanyl.

1(439)  26. Deputy M.R. Higgins of St. Helier asked a question of the Chief Minister regarding the appointment

of the new Chief Executive of the States of Jersey.

1(440)  27. Deputy J.A.N. Le Fondré of St. Lawrence asked a question of the Minister for Treasury and

Resources regarding the Income Tax paid by people arriving in the Island in 2014 and 2015.

1(446)  28. Deputy J.A.N. Le Fondré of St. Lawrence asked a question of the Chief Minister regarding the

number of people arriving in the Island in 2014, 2015 and 2016.

Oral Questions

(see Official Report/Hansard)

1(443)  1.   Deputy R. Labey of St. Helier asked a question of the Chief Minister regarding whether an official

apology would be provided to the former Chief Officer of the States of Jersey Police, Mr. Graham Power.

1(441)  2.   Deputy J.A. Martin of St. Helier asked a question of the Assistant Minister for Treasury and

Resources regarding Andium Homes' £5.7 million profit from social housing rental income. 1(449)  3.   Deputy S.Y. Mézec of St. Helier asked a question of the Chief Minister regarding whether the

entire Council of Ministers supported the aim to implement all the recommendations of the

Independent Jersey Care Inquiry.

1(451)  4.   Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding the sustainable

targets for growth in inward migration and population that would allow the longer-term objectives of Future Jersey 2017 – 2037' to be achieved.

1(445)  5.   Deputy L.M.C. Doublet of St. Saviour asked a question of the Chief Minister regarding an update

on the work of the Student Financing Sub-Committee.

1(454)  6.  The Connétable of St. Helier asked a question of the Minister for Home Affairs regarding the

legislation and enforcement regime in place to tackle the dangers of mobile phone use while driving.

1(450)  7.   Deputy M. Tadier of St. Brelade asked a question of the Minister for Housing regarding landlords'

rules for let premises, relating to children.

1(448)  8.   Deputy J.A. Hilton of St. Helier asked a question of the Minister for Health and Social Services

regarding the timescale for medical records of the deceased to be released to the next of kin.

1(447)  9.  The Deputy of Grouville asked a question of the Minister for Economic Development, Tourism,

Sport and Culture regarding the safety measures and licensing systems in place in respect of leisure boat and craft users in Jersey waters.

1(455)  10.  The Connétable of St. Helier asked a question of the Minister for Infrastructure regarding the

prospect of further strategies being brought forward to encourage travel by bicycle or on foot, and to reduce road traffic.

1(452)  11.   Deputy G.P. Southern of St. Helier asked a question of the Minister for Economic Development,

Tourism, Sport and Culture regarding the measures in place, or under consideration, to halt the decline in productivity in the Island.

1(442)  12.   Deputy J.A. Martin of St. Helier asked a question of the Minister for Social Security regarding the

reimbursement by Andium Homes of rent subsidies provided from Income Support.

1(453)  13.   Deputy R. Labey of St. Helier asked a question of the Minister for Education regarding assurances

that staff members of Highlands College raising concerns about management practices would not face reprisals.

Oral Questions without notice (see Official Report/Hansard)

The Minister for Home Affairs answered questions without notice from members. The Chief Minister answered questions without notice from members.

Draft States of Jersey Police Force (Amendment No. 2) Law 201- P.30/2017

THE STATES commenced consideration of the Draft States of Jersey Police Force (Amendment No. 2) Law 201- and adopted the principles.

Members present voted as follows –

POUR: 33  CONTRE: 13  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 Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of Grouville Connétable of Trinity Deputy J.A. Martin (H) Deputy of Grouville

Deputy J.A. Hilton (H) Deputy of Trinity

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 L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy M.J. Norton (B) Deputy of St. Mary

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


Senator S.C. Ferguson Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. Saviour Connétable of St. John Deputy G.P. Southern (H) Deputy J.A.N. Le Fondré (L) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy S.M. Bree (C) Deputy T.A. McDonald (S)

THE STATES, having been informed that the relevant scrutiny panel had indicated that it did not wish to scrutinise the draft legislation, adopted Article 1.

THE STATES adopted Article 2.

Members present voted as follows –

POUR: 27  CONTRE: 18  ABSTAIN: 1

Senator P.F. Routier  Senator S.C. Ferguson   Connétable of St. Peter Senator P.F.C. Ozouf   Connétable of St. Mary

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

STATES MINUTES

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 Grouville Connétable of Trinity Deputy J.A. Martin (H) 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 of St. Peter

Deputy R.J. Rondel (H) Deputy L.M.C. Doublet (S) Deputy S.M. Wickenden (H) Deputy M.J. Norton (B) Deputy of St. Mary

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


18th July 2017

Connétable of St. Martin Connétable of St. Saviour Connétable of St. John Deputy G.P. Southern (H) Deputy of Grouville

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 S.Y. Mézec (H) Deputy R. Labey (H) Deputy S.M. Bree (C) Deputy T.A. McDonald (S)

THE STATES adopted Articles 3 to 7 and the Schedule.

Members present voted as follows –

POUR: 38 CONTRE: 4 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 Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence 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)


Senator S.C. Ferguson Deputy G.P. Southern (H) Deputy M. Tadier (B) Deputy M.R. Higgins (H)

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 R. Labey (H) Deputy S.M. Wickenden (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)

THE STATES adopted Articles 8 to 10.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the States of Jersey Police Force (Amendment No. 2) Law 201-.

Members present voted as follows –

POUR: 33  CONTRE: 6  ABSTAIN: 1

Senator P.F. Routier   Connétable of St. John  Senator S.C. Ferguson Senator P.F.C. Ozouf   Deputy G.P. Southern (H)

Senator A.J.H. Maclean   Deputy J.A.N. Le Fondré (L)

Senator I.J. Gorst   Deputy K.C. Lewis (S)

Senator L.J. Farnham   Deputy M. Tadier (B)

Senator P.M. Bailhache   Deputy M.R. Higgins (H)

Senator A.K.F. Green

Connétable of St. Helier

Connétable of St. Clement

Connétable of St. Peter

Connétable of St. Lawrence

Connétable of St. Martin

Connétable of St. Saviour

Connétable of Grouville

Connétable of Trinity

Deputy J.A. Martin (H)

Deputy of Grouville

Deputy J.A. Hilton (H)

Deputy of Trinity

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 of St. Peter

Deputy R.J. Rondel (H)

Deputy S.Y. Mézec (H)

Deputy S.M. Wickenden (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)

THE STATES noted that, in accordance with the provisions of Standing Order 106(1)(c), Deputy Louise Mary Catherine Doublet of St. Saviour declared an interest but remained in the Chamber for the duration of the debate.

Draft Drainage (Jersey) Law 2005 (Appointed Day) Act 201- P.38/2017

THE STATES commenced consideration of the Draft Drainage (Jersey) Law 2005 (Appointed Day) Act 201-.

THE STATES noted that, in accordance with Standing Order 106(1)(b), the following members declared an interest but remained in the Chamber for the duration of the debate –

Senator Alan John Henry Maclean

Senator Lyndon John Farnham

Senator Sarah Craig Ferguson

Connétable Sadie Anthea Le Sueur -Rennard of St. Saviour Connétable John Edward Le Maistre of Grouville

Deputy John Alexander Nicholas Le Fondré of St. Lawrence Deputy Anne Enid Pryke of Trinity

Deputy Stephen George Luce of St. Martin

Deputy Richard John Rondel of St. Helier

Deputy Andrew David Lewis of St. Helier

Deputy Graham John Truscott of St. Brelade .

Adjournment

THE STATES adjourned, having agreed to reconvene on Wednesday 19th July 2017 to continue consideration of the Draft Drainage (Jersey) Law 2005 (Appointed Day) Act 201- and other outstanding items of public business.

THE STATES rose at 5.28 p.m.

DR. M. EGAN Greffier of the States