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States Minutes 20th June 2017

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THE STATES assembled on Tuesday 20th June 2017, at 09.30 a.m. under the Presidency of the Bailiff ,

Sir William James Bailhache .

 __________________

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

Senator Philip Francis Cyril Ozouf – en défaut (défaut raised at 10.02 a.m.)

Connétable Juliette Gallichan of St. Mary – en défaut (défaut raised at 9.40 a.m.)

Deputy Montfort Tadier of St. Brelade – en défaut (défaut raised at 9.40 a.m.)

Deputy Richard John Rondel of St. Helier – excused attendance (arrived in the Chamber at 2.16 p.m.)

 __________________

Prayers read by the Acting Dean of Jersey __________________

London Terrorist Attack – Book of Condolence

The Bailiff reminded the Assembly that the book of condolence which had been opened in the Royal Court Building following the terrorist attack in London on 3rd June 2017, would remain open until the end of 21st June 2017.

Terrorist Attacks and Grenfell Tower Fire

The Bailiff , on behalf of all members and of Islanders, expressed sympathy and empathy with those who had been killed in or affected by the recent terrorist attacks in Manchester on 22nd May 2017, in London on 3rd June 2017 and in Finsbury Park on 19th June 2017; and by the fire at Grenfell Tower in North Kensington on 14th June 2017.

Knighthood of the Bailiff – Sir William Bailhache

The Chairman of the Privileges and Procedures Committee, on behalf of all members, congratulated the Bailiff , Sir William James Bailhache , on the Knighthood recently conferred upon him in H.M. The Queen's Birthday Honours List.

Subordinate enactments tabled

The following enactments were tabled, namely –

Road Traffic ( St. Saviour ) (Amendment No. 10) (Jersey) Order 2017.  R&O.59/2017. Minister for Infrastructure.

Royal Court (Amendment No. 21) Rules 2017.  R&O.60/2017. Superior Number of the Royal Court.

Documents presented

Immigration (Amendment) (Jersey) Order 2017: extension to Jersey by Order in Council  P.26/2017. (P.26/2017) – comments.  Com. Presented: 16th June 2017.

Corporate Services Scrutiny Panel.

Vote of No Confidence: Chief Minister (P.55/2017) – comments.  P.55/2017. Presented: 20th June 2017.  Com. Council of Ministers.

Revised Forecast of States Income for March 2017.  R.66/2017. Presented: 9th June 2017.  (re-issue) Minister for Treasury and Resources.

States of Jersey Financial Report and Accounts 2016.  R.67/2017. Presented: 9th June 2017.

Minister for Treasury and Resources.

Higher Education and Student Financing Sub-Committee: Terms of Reference.  R.68/2017. Presented: 13th June 2017.

Chief Minister.

Island-wide Rate Figure for 2017.  R.69/2017. Presented: 14th June 2017.

Comité des Connétable s.

Jersey Child Care Trust: Trustees' Report and Audited Financial Statements at  R.70/2017. 31st December 2016.

Presented: 16th June 2017.

Minister for Education.

Land Transactions under Standing Order 168(3) –  R.71/2017.

  1. Eagle House, 31 La Colomberie, St. Helier – proposed lease of Ground Floor Unit for

the "Young Persons' One-Stop-Shop";

  1. Les Mielles Tennis Club, Les Quennevais, St. Brelade – lease;
  2. disposal of The Limes' site to Andium Homes.

Presented: 16th June 2017.

Minister for Infrastructure.

Jèrriais Plan 2017 – 2019.  R.72/2017. Presented: 16th June 2017.

Minister for Economic Development, Tourism, Sport and Culture.

Land Transactions under Standing Order 168(3) – Fort Regent Piazza, Fort Regent,  R.73/2017. St. Helier – lease.

Presented: 20th June 2017.

Minister for Infrastructure.

School Starting Age (S.R.5/2017): response of the Minister for Education.  S.R.5/2017. Presented: 15th June 2017.  Res. Minister for Education.

Notification of lodged propositions

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

Minister for Education.

States' approval for household liquid or solid waste charges prior to implementation.  P.57/2017. Lodged: 20th June 2017.

Minister for Infrastructure.

Written Questions

(see Official Report/Hansard)

1(339)  1.   Deputy S.Y. Mézec of St. Helier asked a question of the Minister for Economic Development,

Tourism, Sport and Culture regarding the Jersey Aircraft Registry.

1(340)  2.   Deputy  S.Y. Mézec  of   St. Helier  asked  a  question  of  the  Chief  Minister  regarding  the  Sub-

Committee tasked with examining options for higher education funding.

1(341)  3.   Deputy G.P. Southern of St. Helier asked a question of the Minister for Health and Social Services

regarding the recruitment and pay conditions of nurses.

1(342)  4.   Deputy J.A.N. Le Fondré of St. Lawrence asked a question of the Chief Minister regarding States of

Jersey employees who had taken either redundancy or early retirement.

1(343)  5.   Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding

the  £10 million  departmental  underspend  recorded  in  States  of  Jersey  Financial  Report  and Accounts 2016' (R.67/2017).

1(344)  6.   Deputy M. Tadier of St. Brelade asked a question of the Minister for Economic Development,

Tourism, Sport and Culture regarding implementation of the report entitled Rediscovering Fort Regent – A Vision for the Future'.

1(345)  7.   Deputy G.P. Southern of St. Helier asked a question of the Minister for Housing regarding the

proportion of tenants in affordable' rental properties of Andium Homes who were in housing poverty'.

1(346)  8.   Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding the impact of

the policy of below-inflation public sector pay awards.

1(347)  9.  Senator S.C. Ferguson asked a question of the Chief Minister regarding procedures in place for

responding to Freedom of Information requests.

1(348)  10. Senator S.C. Ferguson asked a question of the Minister for Treasury and Resources regarding the

external review of the personal income tax forecasting model.

1(349)  11. Deputy M.R. Higgins of St. Helier asked a question of the Chief Minister regarding his role in the

decision to withdraw Future Hospital Funding Strategy' (P.130/2016).

1(350)  12. Deputy M.R. Higgins of St. Helier asked a question of the Minister for External Relations regarding

meetings he had held in relation to Britain's decision to leave the European Union.

1(351)  13. Deputy M.R. Higgins of St. Helier asked a question of the Chief Minister regarding data collection

in relation to licence applications under Control of Housing and Work legislation.

1(352)  14. Deputy M.R. Higgins of St. Helier asked a question of the Chief Minister regarding the action

prescribed in circumstances where a Minister or official became aware of alleged criminality, but failed to report it.

1(353)  15. Deputy M.R. Higgins of St. Helier asked a question of H.M. Attorney General regarding the

legislative basis for the roles and duties of the Law Officers.

1(357)  16. Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding

the causes of social exclusion in Jersey.

Oral Questions

(see Official Report/Hansard)

1(360)  1.  The Deputy of St. Ouen asked a question of the Minister for Social Security regarding the

introduction of legislation to provide greater employment protection for carers.

1(363)  2.   Deputy S.Y. Mézec of St. Helier asked a question of the Chief Minister regarding the prospect of a

Royal Commission to examine electoral reform.

1(354)  3.   Deputy K.C. Lewis of St. Saviour asked a question of the Minister for Home Affairs regarding base-

jumping from tall buildings in Jersey.

1(369)  4.  The Connétable of St. Helier asked a question of the Minister for Housing regarding fire prevention

and  other safety measures and  procedures in place in social housing, especially in high-rise buildings.

1(365)  5.   Deputy G.P. Southern of St. Helier asked a question of the Minister for Health and Social Services

regarding notifications to Family Nursing and Home Care clients in respect of the arrangements for home care provision.

1(366)  6.   Deputy M. Tadier of St. Brelade asked a question of the Assistant Minister for Economic

Development, Tourism, Sport and Culture regarding the playpark at Les Quennevais playing fields. 1(362)  7.   Deputy J.A. Hilton of St. Helier asked a question of the Minister for Health and Social Services

regarding babies born to mothers with substance abuse issues, and their placement on the Child

Protection Register.

1(356)  8.   Deputy P.D. McLinton of St. Saviour asked a question of the Assistant Chief Minister regarding

new European Union regulations regarding roaming charges within the Union and whether such charges would apply in Jersey.

1(358)  9.   Deputy M.R. Higgins of St. Helier asked a question of the Chief Minister regarding the employment

by the Office of the Information Commissioner of former employees of the States of Jersey Police. 1(359)  10. Senator S.C. Ferguson asked a question of the Assistant Chief Minister regarding the publication of

the numbers assigned to Freedom of Information requests.

1(370)  11. Deputy M.R. Higgins of St. Helier asked a question of the Assistant Chief Minister regarding the

common failings identified by Serious Case Reviews.

1(371)  12. Senator S.C. Ferguson asked a question of the Minister for Treasury and Resources regarding the

external review of the income forecasting model.

1(364)  13. Deputy S.Y. Mézec of St. Helier asked a question of the Chief Minister regarding the implications

of the United Kingdom's election results on Jersey's position in relation to the Brexit negotiations.

1(361)  14. The Deputy of St. Ouen asked a question of the Chief Minister regarding the steps he would take to

promote the adoption of the Jersey Living Wage.

1(367)  15. Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding whether he

would moderate the policy of wage restraint in the public sector by making an inflation-only pay offer over the coming 4-year period.

1(368)  16. Deputy M. Tadier of St. Brelade asked a question of the Minister for Economic Development,

Tourism, Sport and Culture regarding the impact of the proposed liquid waste charges on businesses, particularly in the hospitality and agricultural industries.

1(355)  17. Deputy K.C. Lewis of St. Saviour asked a question of the Minister for Education regarding

minimising the impact of proposed grant reductions to States and private fee-paying schools.

Oral Questions without notice (see Official Report/Hansard)

The Minister for the Environment answered questions without notice from members. The Chief Minister answered questions without notice from members.

Vote of No Confidence: Chief Minister P.55/2017

THE STATES commenced consideration of a proposition of the Connétable of St. John entitled Vote of No Confidence: Chief Minister' (P.55/2017).

Arrangement of public business at the present meeting

THE STATES, adopting a proposition of Senator Paul Francis Routier, M.B.E., agreed to continue its meeting until consideration of the proposition of the Connétable of St. John entitled Vote of No Confidence: Chief Minister' (P.55/2017) had been completed.

Members present voted as follows –

POUR: 33 CONTRE: 16 ABSTAIN: 0

Senator P.F. Routier 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. Martin Connétable of St. Saviour Connétable of Grouville Connétable of St. John


Senator P.F.C. Ozouf Connétable of St. Ouen Connétable of St. Brelade Deputy G.P. Southern (H) Deputy of Grouville Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) 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 of St. Mary

Connétable of Trinity Deputy J.A. Martin (H) Deputy J.A. Hilton (H) Deputy J.A.N. Le Fondré (L) Deputy of Trinity

Deputy E.J. Noel (L) Deputy of St. John

Deputy of St. Martin

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

Deputy R.J. Rondel (H) Deputy S.M. Wickenden (H) Deputy S.M. Bree (C) Deputy M.J. Norton (B) Deputy T.A. McDonald (S) Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)

Vote of No Confidence: Chief Minister P.55/2017

THE STATES resumed consideration of the proposition of the Connétable of St. John entitled Vote of No Confidence: Chief Minister' (P.55/2017).

Arrangement of public business at the present meeting

THE STATES rejected a proposition of Deputy Andrew David Lewis of St. Helier that they adjourn. Members present voted as follows –

POUR: 15 CONTRE: 31 ABSTAIN: 0

Connétable of St. Clement Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Saviour Deputy G.P. Southern (H) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.Y. Mézec (H) Deputy A.D. Lewis (H) Deputy of St. Ouen Deputy R. Labey (H) Deputy T.A. McDonald (S) Deputy of St. Mary


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. Helier Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Martin Connétable of Grouville Connétable of Trinity Deputy of Grouville

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

Deputy E.J. Noel (L) Deputy of St. John

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.M. Wickenden (H) Deputy S.M. Bree (C) Deputy M.J. Norton (B) Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)

Vote of No Confidence: Chief Minister P.55/2017

THE STATES resumed consideration of a proposition of the Connétable of St. John entitled Vote of No Confidence: Chief Minister' (P.55/2017).

Suspension of meeting

The Bailiff , during consideration of the proposition of the Connétable of St. John (P.55/2017), suspended the meeting, in accordance with Standing Order 46, for a period of 5 minutes, in order to allow time for the Chief Minister and the Connétable of St. John to prepare for their replies at the end of the debate.

Vote of No Confidence: Chief Minister P.55/2017

THE STATES reconvened and, resuming consideration of the proposition of the Connétable of St. John entitled Vote of No Confidence: Chief Minister' (P.55/2017), rejected the proposition that they had no confidence in the Chief Minister.

Members present voted as follows –

POUR: 13 CONTRE: 34 ABSTAIN: 0

Senator S.C. Ferguson 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 of St. John

Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.Y. Mézec (H) Deputy S.M. Bree (C) Deputy T.A. McDonald (S)


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. Mary Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin Connétable of Grouville Connétable of Trinity Deputy of Grouville 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 A.D. Lewis (H) Deputy of St. Ouen

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)

Adjournment

THE STATES adjourned, having agreed to reconvene on Wednesday 21st June 2017 to continue consideration of the outstanding items of public business.

THE STATES rose at 8.16 p.m.

W. MILLOW

Acting Greffier of the States