States Minutes 30th January 2017

THE STATES assembled on Monday 30th January 2017, at 2.45 p.m. under the Presidency of the Deputy Bailiff , Timothy John Le Cocq , Esquire.

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

Senator Lyndon John Farnham – en défaut (défaut raised at 3.08 p.m.) Connétable Christopher Hugh Taylor of St. John – excused attendance

Deputy John Alexander Nicholas Le Fondré of St. Lawrence – excused attendance Deputy Kristina Louise Moore of St. Peter – excused attendance

Deputy Louise Mary Catherine Doublet of St. Saviour – excused attendance Deputy Russell Labey of St. Helier – en défaut

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Prayers read by the Deputy Greffier of the States __________________

Subordinate enactments tabled

The following enactments were tabled, namely –

Education (Discretionary Grants – Amounts) (Amendment No. 8) (Jersey) Order 2017.  R&O.5/2017. Minister for Education.

Road Traffic (Public Parking Places – Charges) (Jersey) Order 2017.  R&O.6/2017. Minister for Infrastructure.

Animal Health (African Horse Sickness) (Jersey) Order 2017.  R&O.7/2017. Minister for the Environment.

Animal Health (Amendment of Law and Miscellaneous Revocations) (Jersey) Order  R&O.8/2017. 2017.

Minister for the Environment.

Animal Health (Bird Diseases) (Jersey) Order 2017.  R&O.9/2017. Minister for the Environment.

Animal Health (Foot and Mouth Disease) (Jersey) Order 2017.  R&O.10/2017. Minister for the Environment.

Animal Health (Importation of Miscellaneous Goods and Animals) (Jersey) Order  R&O.11/2017. 2017.

Minister for the Environment.

Animal Health (Miscellaneous Exotic Diseases) (Jersey) Order 2017.  R&O.12/2017. Minister for the Environment.

Animal Health (Surveillance) (Jersey) Order 2017.  R&O.13/2017. Minister for the Environment.

Animal Health (Swine) (Jersey) Order 2017.  R&O.14/2017. Minister for the Environment.

Animal Health (Tuberculosis) (Jersey) Order 2017.  R&O.15/2017. Minister for the Environment.

Artificial Insemination of Domestic Animals (Bovine Semen) (Amendment No. 2)  R&O.16/2017. (Jersey) Order 2017.

Minister for the Environment.

EU Legislation (Aquatic Animal Health – Amendment of Regulations) (Jersey) Order  R&O.17/2017. 2017.

Minister for the Environment.

Documents presented

Vote of No Confidence: States Employment Board (P.137/2016) – comments.  P.137/2016. Presented: 27th January 2017.  Com. States Employment Board.

Land  Transactions  under  Standing  Order  168(3) –  Oxford  Road  Workshop  and  R.7/2017. 9 Chevalier Road – sale.

Presented: 25th January 2017.

Minister for Infrastructure.

Tourism (Jersey) Law 1948 – Proposals for Reform.  R.8/2017. Presented: 27th January 2017.

Minister for Economic Development, Tourism, Sport and Culture.

States of Jersey  Law  2005:  delegation  of  functions –  Chief Minister to  Assistant  R.9/2017. Ministers.

Presented: 30th January 2017.

Chief Minister.

Jersey Employment and Discrimination Tribunal:  R.10/2017. re-appointment of employer representative Side Member.

Presented: 30th January 2017.

Minister for Social Security.

Notification of lodged propositions

Composition and Election of the States Assembly (P.133/2016): amendment  P.133/2016. (P.133/2016 Amd.) – amendment.  Amd.Amd. Lodged: 30th January 2017.

Senator P.F.C. Ozouf .

Composition and Election of the States Assembly (P.133/2016): second amendment.  P.133/2016. Lodged: 24th January 2017.  Amd.(2) Senator L.J. Farnham .

Composition and Election of the States Assembly (P.133/2016): third amendment.  P.133/2016. Lodged: 24th January 2017.  Amd.(3) Senator L.J. Farnham .

Composition and Election of the States Assembly (P.133/2016): fourth amendment.  P.133/2016. Lodged: 24th January 2017.  Amd.(4) Senator L.J. Farnham .

Draft Water Pollution (Amendment No. 3) (Jersey) Law 201-.  P.3/2017. Lodged: 24th January 2017.

Minister for the Environment.

Withdrawal of lodged propositions

THE STATES noted that, in accordance with Standing Order 34(1), the proposer of the following proposition lodged "au Greffe" had informed the Greffier of the States that it had been withdrawn –

Draft Commissioner for Standards (Jersey) Law 201- (P.87/2016): amendment.  P.87/2016. Lodged: 1st November 2016.  Amd. Chief Minister.

Appointment of member of the Privileges and Procedures Committee

In accordance with Standing Order 122, the Connétable of St. Clement , Chairman of the Privileges and Procedures Committee, nominated Deputy Murray Julian Norton of St. Brelade as a member of the Privileges and Procedures Committee who was not a Minister or Assistant Minister.

There being no other Ministers or Assistant Ministers nominated, the Deputy Bailiff declared that Deputy Murray Julian Norton of St. Brelade had been duly elected as a member of the Privileges and Procedures Committee.

Written Questions

(see Official Report/Hansard)

1(55)  1.  The Chief Minister tabled an answer to a question asked by Deputy R. Labey of St. Helier regarding

the parameters of ministerial responsibility and accountability.

1(56)  2.  The Chief Minister tabled an answer to a question asked by Deputy J.M. Maçon of St. Saviour

regarding the resignation of the Assistant Chief Minister with responsibility for the financial services industry, digital sector, and competition and innovation.

1(57)  3.  The Minister for Infrastructure tabled an answer to a question asked by Deputy J.M. Maçon of

St. Saviour regarding the junction of Rue des Prés and Longueville Road.

1(58)  4.  The Minister for Infrastructure tabled an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding traffic-calming measures on Longueville Road and Bagot Road.

1(59)  5.  The Minister for Education tabled an answer to a question asked by Deputy M. Tadier of St. Brelade

regarding the turnover of staff at non-private primary schools.

1(60)  6.  H.M. Attorney General tabled an answer to a question asked by the Connétable of St. Mary

regarding the legal status of Long-Term Care contributions.

1(62)  7.  The Minister for Education tabled an answer to a question asked by the Deputy of St. John regarding

the funding of nursery education.

1(63)  8.  The Minister for Social Security tabled an answer to a question asked by the Deputy of St. John

regarding the Long-Term Care scheme.

1(64)  9.  The Chief Minister tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier

regarding appointments undertaken by the Assistant Chief Minister with responsibility for the financial services industry, digital sector, and competition and innovation.

1(65)  10. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer to a

question asked by Deputy S.Y. Mézec of St. Helier regarding legislative measures taken to promote economic growth.

1(66)  11. The Minister for Health and Social Services tabled an answer to a question asked by Deputy

S.Y. Mézec of St. Helier regarding measures taken to alleviate the burden on Accident and Emergency services.

1(67)  12. The Chief Minister tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier

regarding loans from the Jersey Innovation Fund approved by the Minister for Economic Development, Tourism, Sport and Culture.

1(68)  13. The Chief Minister tabled an answer to a question asked by Deputy S.Y. Mézec of St. Helier

regarding the status of businesses which had applications for loans from the Jersey Innovation Fund refused.

1(69)  14. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier

regarding ministerial approval of loans from the Jersey Innovation Fund.

1(70)  15. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier

regarding ministerial responsibility for the financial services industry, digital sector, and competition and innovation.

1(71)  16. H.M. Attorney General tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier

regarding the structure and working practices of the Law Officers' Department.

1(72)  17. The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier

regarding meetings held in relation to the contract with Mr. Alwitry.

1(73)  18. The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier

regarding the involvement of consultants in the process to terminate the contract with Mr. Alwitry. 1(74)  19. The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier

regarding the terms of reference for reports commissioned into the termination of Mr. Alwitry's

contract of employment.

1(75)  20. The Minister for Health and Social Services tabled an answer to a question asked by Deputy

M.R. Higgins of St. Helier regarding the job advertisement and contractual documents provided to Mr. Alwitry.

1(76)  21. The Chief Minister tabled an answer to a question asked by Deputy R. Labey of St. Helier regarding

accountability for the loan provided from the Jersey Innovation Fund in respect of the Logfiller application.

Oral Questions

(see Official Report/Hansard)

1(83)  1.  Senator S.C. Ferguson asked a question of the Minister for Treasury and Resources regarding the

States' fuel contract.

1(78)  2.   Deputy K.C. Lewis of St. Saviour asked a question of the Minister for the Environment regarding

the penalties for people found guilty of fly tipping.

1(88)  3.   Deputy M. Tadier of St. Brelade asked a question of the Minister for Social Security regarding the

housing component of Income Support.

1(86)  4.   Deputy G.P. Southern of St. Helier asked a question of the Minister for Education regarding

negotiations with teachers' representatives in relation to teachers' pay scales.

1(93)  5.   Deputy S.Y. Mézec of St. Helier asked a question of the Chief Minister regarding the impact of

Brexit on Jersey's finance industry.

1(90)  6.   Deputy J.M. Maçon of St. Saviour asked a question of the Chief Minister regarding measures taken

by the Council of Ministers following the debate on  P.130/2016 (Future Hospital Funding Strategy').

1(61)  7.  The Connétable of St. Mary asked a question of the Minister for Social Security regarding

information provided to the States Assembly when the Long-Term Care scheme was originally proposed.

1(77)  8.  The Deputy of Grouville asked a question of the Minister for Education regarding the teaching of

the citizenship programme in the Island's secondary schools.

1(84)  9.   Deputy M.R. Higgins of St. Helier asked a question of the Chief Minister regarding the Chief

Minister's awareness that a complaint had not been made in the Alwitry case to the British Medical Association against the Clinical Director.

1(81)  10. The Deputy of St. Ouen asked a question of the Minister for Social Security regarding work on

implementing the Assembly's decision to prohibit exclusivity clauses in zero-hour contracts.

1(82)  11. The Deputy of St. Ouen asked a question of the Minister for Health and Social Services regarding

the prospective recruitment of physician associates.

1(79)  12. The Deputy of Grouville asked a question of the Minister for Treasury and Resources regarding

revenue-raising measures to be taken as a replacement for the health charge funding.

1(89)  13. Deputy M. Tadier of St. Brelade asked a question of the Minister for Housing regarding the Minister's work in reducing the number of lower-income households in rental stress'.

1(87)  14. Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security regarding

the criteria used by the Department to assess whether an Income Support repayment regime would be reasonable.

1(85)  15. Deputy M.R. Higgins of St. Helier asked a question of the Minister for Health and Social Services

regarding Minister's awareness that a complaint had not been made in the Alwitry case to the British Medical Association against the Clinical Director.

1(94)  16. Deputy S.Y. Mézec of St. Helier asked a question of the Minister for Economic Development,

Tourism, Sport and Culture regarding measures taken for which a tangible benefit for small businesses in the Island could be demonstrated.

1(92)  17. Deputy J.M. Maçon of St. Saviour asked a question of the Chief Minister regarding the publication

of official notices.

1(91)  18. Deputy K.C. Lewis of St. Saviour asked a question of the Minister for Economic Development,

Tourism, Sport and Culture regarding assistance with travel and accommodation for competitors at the Island Games in Gotland.

Oral Questions without notice (see Official Report/Hansard)

The Minister for Housing answered questions without notice from members. The Chief Minister answered questions without notice from members.

Adjournment

THE STATES adjourned, having agreed to reconvene on Tuesday 31st January 2017 to consider the items of public business.

THE STATES rose at 5.32 p.m.

L.-M. HART Deputy Greffier of the States