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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 .
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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 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