States Minutes 21st June 2017

THE STATES assembled on Wednesday 21st June 2017, at 09.30 a.m. under

the Presidency of the Bailiff ,

Sir William James Bailhache .

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

Senator Alan John Henry Maclean – en défaut (défaut raised at 10.02 a.m.) Connétable Sadie Anthea Le Sueur -Rennard of St. Saviour – ill

Deputy Judith Ann Martin of St. Helier – en défaut

Deputy Geoffrey Peter Southern of St. Helier – en défaut (défaut raised at 9.52 a.m.) Deputy Richard John Rondel of St. Helier – ill

Deputy Russell Labey of St. Helier – en défaut (défaut raised at 9.52 a.m.)

Deputy Robert David Johnson of St. Mary – en défaut (défaut raised at 10.02 a.m.)

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Prayers read by the Acting Dean of Jersey __________________

Notification of lodged propositions

Draft Commissioner for Standards (Jersey) Law 2017 (Appointed Day) Act 201-.  P.58/2017. Lodged: 21st June 2017.

Privileges and Procedures Committee.

Draft Amendment (No. 33) to the Standing Orders of the States of Jersey.  P.59/2017. Lodged: 21st June 2017.

Privileges and Procedures Committee.

Immigration (Amendment) (Jersey) Order 2017: extension to Jersey by Order in Council P.26/2017

THE STATES, adopting a proposition of the Council of Ministers entitled Immigration (Amendment) (Jersey) Order 2017: extension to Jersey by Order in Council' (P.26/2017), agreed, pursuant to Article 31 of the States of Jersey Law 2005, that a request should be made to the Privy Council for the making of an Order in Council that would amend –

1. the Immigration (Jersey) Order 1993;
2. the Immigration and Asylum Act 1999 (Jersey) Order 2003;
3. the Immigration (Jersey) Order 2012; and
4. the Immigration (Jersey) Order 2015,

with the purpose of –

1. transferring functions and powers under the Immigration Act 1971, the Immigration Act 1988, the Immigration and Asylum Act 1999, the Immigration, Asylum and Nationality Act 2006 and the Immigration Act 2014 (as each of those Acts has effect as extended to Jersey) from the Lieutenant-Governor to the Minister for Home Affairs;

2. replacing remaining references in those Acts (as so extended) to Committees of the States with references to the Minister for Home Affairs; and
3. re-extending section 25(5) of the Immigration Act 1971 to Jersey so that the offence of assisting illegal entry (under subsection (1) of section 25) applies to things done whether inside or outside of Jersey irrespective of the nationality of the person who did them,

as summarised in the Report of the Chief Minister (R.35/2017) dated 11th April 2017. Members present voted as follows –

POUR: 40 CONTRE: 5 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. 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 St. John Connétable of Trinity Deputy of Grouville

Deputy J.A. Hilton (H) 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 S.J. Pinel (C) Deputy of St. Martin Deputy R.G. Bryans (H) Deputy of St. Peter

Deputy A.D. Lewis (H) Deputy of St. Ouen

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)

Deputy G.P. Southern (H) Deputy M. Tadier (B) Deputy S.Y. Mézec (H) Deputy S.M. Bree (C) Deputy T.A. McDonald (S)

Channel Islands Lottery: allocation of proceeds from 2016 P.27/2017

THE STATES, adopting a proposition of the Minister for Economic Development, Tourism, Sport and Culture entitled Channel Islands Lottery: allocation of proceeds from 2016' (P.27/2017), agreed, in accordance with the provisions of Regulation 4(5) of the Gambling (Channel Islands Lottery) (Jersey) Regulations 1975, that all monies standing to the credit of the Channel Islands Lottery (Jersey) Fund which had not already been set aside by the Minister (representing 100% of the total Jersey portion of the proceeds of the Channel Islands Lottery for 2016) should be paid to the Association of Jersey Charities for the benefit of the local community and the charitable needs of the Island.

Members present voted as follows –

POUR: 38 CONTRE: 0 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. 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 St. John 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 S.J. Pinel (C) Deputy of St. Martin

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

Deputy A.D. Lewis (H) Deputy of St. Ouen

Deputy L.M.C. Doublet (S) 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)

Income Support Medical Appeal Tribunal: re-appointment of members P.35/2017

THE STATES, adopting a proposition of the Minister for Social Security entitled Income Support Medical Appeal Tribunal: re-appointment of members' (P.35/2017), re-appointed, in accordance with Article 9 of the Income Support (Jersey) Law 2007, and further to a process overseen by the Jersey Appointments Commission, the following persons as members of the Income Support Medical Appeal Tribunal, for a 4 year period –

Mr. Sam Le Breton  Panel Member

Mr. John Moulin  Panel Member

Dr. Mike Richardson  Medical Practitioner

Jersey Innovation Fund

THE STATES, adopting a proposition of Deputy Michael Roderick Higgins of St. Helier , then resolved to sit in committee, in order to discuss the Jersey Innovation Fund, with a particular focus on the Reports entitled  Jersey  Innovation  Fund'  (R.3/2017)  and  Jersey  Innovation  Fund:  review  of  ministerial responsibility following the C&AG Report of January 2017' (R.45/2017), and R.45/2017 Add.

Arrangement of public business for future meetings

THE STATES rejected a proposition of Senator Sir Philip Martin Bailhache that the date on which it would sit in committee to discuss the report of the Independent Jersey Care Inquiry be amended to 10th July 2017.

Members present voted as follows –

POUR: 3  CONTRE: 27  ABSTAIN: 0

Senator P.M. Bailhache Connétable of Grouville Deputy S.J. Pinel (C)

Senator P.F. Routier Senator P.F.C. Ozouf Senator I.J. Gorst

Senator L.J. Farnham Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Clement Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin Deputy G.P. Southern (H) Deputy of Trinity

Deputy M. Tadier (B) Deputy of St. John

Deputy M.R. Higgins (H) Deputy of St. Martin Deputy R.G. Bryans (H) Deputy of St. Peter

Deputy S.Y. Mézec (H) Deputy of St. Ouen

Deputy L.M.C. Doublet (S)

Deputy S.M. Bree (C) Deputy M.J. Norton (B) Deputy T.A. McDonald (S) Deputy G.J. Truscott (B)

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) –

4th July 2017

Draft Official Publications (Amendment No. 2) (Jersey) Law 201-.  P.32/2017. Lodged: 10th May 2017.

Chief Minister.

Draft Health Insurance (Performers List for General Medical Practitioners) (Amendment)  P.33/2017. (Jersey) Regulations 201-.

Lodged: 10th May 2017.

Minister for Health and Social Services.

Draft States of Jersey (Transfer of Functions No. 9) (Health and Social Services to  P.34/2017. Environment) (Jersey) Regulations 201-.

Lodged: 15th May 2017.

Chief Minister.

Draft Sea Fisheries (Inshore Trawling, Netting and Dredging) (Amendment No. 4)  P.36/2017. (Jersey) Regulations 201-.

Lodged: 16th May 2017.

Minister for the Environment.

Draft Sea Fisheries (Inshore Waters) (Amendment No. 3) (Jersey) Regulations 201-.  P.37/2017. Lodged: 16th May 2017.

Minister for the Environment.

Draft Air Navigation (Rules of the Air) (Jersey) Regulations 201-.  P.40/2017. Lodged: 22nd May 2017.

Minister for External Relations.

Medium Term Financial Plan 2017 – 2019: amendment to funding for fee-paying schools.  P.41/2017. Lodged: 23rd May 2017.

Minister for Education.

Draft Amendment (No. 31) of the Standing Orders of the States of Jersey.  P.43/2017. Lodged: 23rd May 2017.

Privileges and Procedures Committee.

Jersey Ethical Care Charter.  P.48/2017. Lodged: 6th June 2017.  (re-issue) Deputy G.P. Southern of St. Helier .

Draft Dormant Bank Accounts (Jersey) Law 2017 (Appointed Day) Act 201-.  P.49/2017. Lodged: 6th June 2017.

Chief Minister.

6th July 2017

Independent Jersey Care Inquiry Report. (consideration in committee')

18th July 2017

Draft States of Jersey Police Force (Amendment No. 2) Law 201-.  P.30/2017. Lodged: 21st April 2017.

Minister for Home Affairs.

Draft Drainage (Jersey) Law 2005 (Appointed Day) Act 201-.  P.38/2017. Lodged: 18th May 2017.  (re-issue) Council of Ministers.

Counter-Terrorism and Security Act 2015: extension to Jersey by Order in Council.  P.42/2017. Lodged: 23rd May 2017.

Chief Minister.

Draft Counter-Terrorism and Security (Miscellaneous Amendments) (Jersey) Law 201-.  P.47/2017. Lodged: 1st June 2017.

Minister for Home Affairs.

States of Jersey Police Non-Contributory Pension Scheme: payment of widows' pensions.  P.44/2017. Lodged: 25th May 2017.

States Employment Board.

Draft Income Support (Amendment No. 16) (Jersey) Regulations 201-.  P.45/2017. Lodged: 30th May 2017.

Minister for Social Security.

Draft Waste Management (Amendment No. 2) (Jersey) Regulations 201-.  P.46/2017. Lodged: 30th May 2017.

Minister for the Environment.

Draft Amendment (No. 32) of the Standing Orders of the States of Jersey.  P.50/2017. Lodged: 6th June 2017.

Privileges and Procedures Committee.

Draft Armed Forces (Offences and Jurisdiction) (Jersey) Law 201-.  P.51/2017. Lodged: 6th June 2017.

Minister for Home Affairs.

Draft Criminal Procedure (Bail) (Jersey) Law 201-.  P.52/2017. Lodged: 6th June 2017.

Minister for Home Affairs.

Draft Control of Housing and Work (Amendment of Law – Annual Charges) (Jersey)  P.53/2017. Regulations 201-.

Lodged: 6th June 2017.

Chief Minister.

Draft Liquor Licensing (Jersey) Law 201-.  P.54/2017. Lodged: 7th June 2017.

Minister for Economic Development, Tourism, Sport and Culture.

Draft Commissioner for Standards (Jersey) Law 2017 (Appointed Day) Act 201-.  P.58/2017. Lodged: 21st June 2017.

Privileges and Procedures Committee.

Draft Amendment (No. 33) to the Standing Orders of the States of Jersey.  P.59/2017. Lodged: 21st June 2017.

Privileges and Procedures Committee.

12th September 2017

States Members' Remuneration Review Body: implementation of pay recommendations.  P.39/2017. Lodged: 19th May 2017.

Privileges and Procedures Committee.

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.

THE STATES rose at 4.13 p.m.

DR. M. EGAN Greffier of the States