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States Minutes 7th June 2017

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THE STATES assembled on Wednesday 7th June 2017, at 09.30 a.m. under

the Presidency of the Deputy Bailiff , Timothy John Le Cocq , Esquire.

 __________________

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

Senator Philip Francis Cyril Ozouf – en défaut (défaut raised at 9.56 a.m.)

Senator Ian Joseph Gorst – absent on States business

Senator Sir Philip Martin Bailhache – absent on States business (arrived in the Chamber at 2.16 p.m.) Connétable Deidre Wendy Mezbourian of St. Lawrence – ill

Connétable Sadie Anthea Le Sueur -Rennard of St. Saviour – en défaut

Deputy Kevin Charles Lewis of St. Saviour – ill

Deputy Edward James Noel of St. Lawrence – en défaut

Deputy Richard John Rondel of St. Helier – ill

Deputy Louise Mary Catherine Doublet of St. Saviour – ill

 __________________

Prayers read by the Acting Dean of Jersey __________________

Notification of lodged propositions

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

Minister for Economic Development, Tourism, Sport and Culture.

Vote of No Confidence: Chief Minister.  P.55/2017. Lodged: 7th June 2017.

Connétable of St. John .

Draft States of Jersey (Amendment No. 9) Law 201- P.18/2017

THE STATES, resuming consideration of the Draft States of Jersey (Amendment No. 9) Law 201-, rejected Articles 2 and 3.

Members present voted as follows –

POUR: 17  CONTRE: 23  ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator A.J.H. Maclean Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Helier Connétable of St. Clement Deputy G.P. Southern (H) Deputy J.A. Hilton (H) Deputy M. Tadier (B) Deputy S.J. Pinel (C) Deputy R.G. Bryans (H)


Senator S.C. Ferguson Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H) Deputy of Grouville

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

STATES MINUTES

Deputy of St. Peter Deputy S.Y. Mézec (H) Deputy A.D. Lewis (H) Deputy M.J. Norton (B) Deputy P.D. McLinton (S)


7th June 2017

Deputy of St. John

Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy of St. Martin Deputy of St. Ouen

Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy S.M. Bree (C) Deputy T.A. McDonald (S) Deputy of St. Mary

Deputy G.J. Truscott (B)

THE STATES acceded to a request of the Chairman of the Privileges and Procedures Committee that the Draft States of Jersey (Amendment No. 9) Law 201- be withdrawn.

The electronic voting system being unavailable, members decided, in accordance with the provisions of Standing Order 93(1)(b), that voting be undertaken by a roll call vote, and voted as follows on the proposition of the Chairman of the Privileges and Procedures Committee –

POUR: 30 CONTRE: 10 ABSTAIN: 0

Senator A.J.H. Maclean Senator L.J. Farnham Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Clement Connétable of St. Peter 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 J.A. Martin (H) Deputy of Grouville

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

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. Ouen

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)


Senator P.F. Routier Senator P.F.C. Ozouf Deputy G.P. Southern (H) Deputy J.A. Hilton (H) Deputy M. Tadier (B) Deputy of St. Peter Deputy S.Y. Mézec (H) Deputy A.D. Lewis (H) Deputy R. Labey (H) Deputy P.D. McLinton (S)

Draft Income Support (Amendment No. 15) (Jersey) Regulations 201- P.23/2017

THE STATES commenced consideration of the Draft Income Support (Amendment No. 15) (Jersey) Regulations 201- and adopted the principles.

Members present voted as follows –

POUR: 36 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator L.J. Farnham Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Helier Connétable of St. Peter Connétable of St. Mary Connétable of St. Brelade Connétable of St. Martin Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville

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

Deputy M. Tadier (B) 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 S.Y. Mézec (H) Deputy A.D. Lewis (H) Deputy of St. Ouen

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)

THE STATES, having been informed that the relevant scrutiny panel had indicated that it did not wish to scrutinise the draft legislation, adopted Regulations 1 to 4.

THE STATES, in pursuance of Articles 5 and 18 of the Income Support (Jersey) Law 2007, made Regulations entitled the Income Support (Amendment No. 15) (Jersey) Regulations 2017.

Chief Minister: term limit P.24/2017

THE STATES commenced consideration of a proposition of Senator Sarah Craig Ferguson entitled Chief Minister: term limit' (P.24/2017) and rejected the proposition that –

  1. no person should be elected to the office of Chief Minister more than twice;
  2. no person who had been elected to the office of Chief Minister, or acted as Chief Minister, during an electoral term to which some other person was originally elected Chief Minister, should be elected to the office of the Chief Minister on more than one subsequent occasion; and
  3. to request the Privileges and Procedures Committee to bring forward amendments to the States of Jersey Law 2005, as well as any necessary Standing Orders changes, to give effect to this proposition before the end of 2017.

Members present voted as follows –

POUR: 10 CONTRE: 29 ABSTAIN: 0

Senator S.C. Ferguson Connétable of St. Martin Connétable of St. John Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy J.A.N. Le Fondré (L) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.M. Bree (C) Deputy T.A. McDonald (S)


Senator P.F. Routier Senator P.F.C. Ozouf 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. Mary Connétable of St. Ouen Connétable of Grouville Connétable of Trinity Deputy of Grouville

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

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

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

Deputy S.Y. Mézec (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)

Changes in Presidency

The Deputy Bailiff retired from the Chamber during consideration of the proposition of Senator Sarah Craig Ferguson entitled Chief Minister: term limit' (P.24/2017) and Dr. M. Egan, Greffier of the States, assumed the Presidency.

THE STATES re-assembled after the lunch adjournment under the Presidency of the Deputy Bailiff .

La Collette Low Rise Development: protection of existing amenity space and trees – direction to Andium Homes Ltd. P.22/2017

THE  STATES  commenced  consideration  of  a  proposition  of  the   Connétable  of   St. Helier  entitled La Collette Low Rise Development: protection of existing amenity space and trees – direction to Andium Homes Ltd.' (P.22/2017) and rejected the proposition to request the Minister for Treasury and Resources to direct Andium Homes to redesign their development proposals in order to maintain the existing amenity space and trees on the site between La Collette Low Rise and its border with Green Street, an area designated as Protected Open Space' in the Island Plan.

THE STATES noted that, as there was an equality of votes, the matter had been determined in the negative in accordance with Article 16(2) of the States of Jersey Law 2005.

Members present voted as follows –

POUR: 19  CONTRE: 19  ABSTAIN: 2

Senator S.C. Ferguson  Senator P.F.C. Ozouf   Connétable of St. Brelade Connétable of St. Helier  Senator A.J.H. Maclean   Deputy J.M. Maçon (S) Connétable of St. Martin  Senator L.J. Farnham

Connétable of St. John  Senator P.M. Bailhache

Deputy J.A. Martin (H)  Senator A.K.F. Green

Deputy G.P. Southern (H)   Connétable of St. Clement

Deputy of Grouville   Connétable of St. Peter

Deputy J.A.N. Le Fondré (L)   Connétable of St. Mary

Deputy M. Tadier (B)   Connétable of St. Ouen

Deputy of St. John   Connétable of Grouville

Deputy M.R. Higgins (H)   Connétable of Trinity

Deputy S.Y. Mézec (H)   Deputy J.A. Hilton (H)

Deputy A.D. Lewis (H)   Deputy of Trinity

Deputy R. Labey (H)   Deputy of St. Martin

Deputy S.M. Wickenden (H)   Deputy R.G. Bryans (H)

Deputy S.M. Bree (C)   Deputy of St. Peter

Deputy M.J. Norton (B)   Deputy of St. Ouen

Deputy T.A. McDonald (S)   Deputy G.J. Truscott (B)

Deputy of St. Mary   Deputy P.D. McLinton (S)

THE STATES noted that, in accordance with the provisions of Standing Order 106(1)(c), Senator Paul Francis Routier, M.B.E. declared an interest and did not take part in either the debate or the vote on the proposition of the Connétable of St. Helier .

Changes in Presidency

The Deputy Bailiff retired from the Chamber during consideration of the proposition of the Connétable of St. Helier entitled La Collette Low Rise Development: protection of existing amenity space and trees – direction to Andium Homes Ltd.' (P.22/2017) and Dr. M. Egan, Greffier of the States, assumed the Presidency.

Roll call

During consideration of the proposition of the Connétable of St. Helier entitled La Collette Low Rise Development: protection of existing amenity space and trees – direction to Andium Homes Ltd.' (P.22/2017), the Presiding Officer, in accordance with Standing Order 56(1), directed that elected members be summoned as the Assembly was inquorate. In accordance with Standing Order 56(2), having allowed such time as he considered reasonable for elected members to return to the Chamber, the Presiding Officer asked the Greffier to call the roll, as he believed that the States remained inquorate. The following members were present in the Chamber for this second roll call –

Senator A.J.H. Maclean Senator L.J. Farnham Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Helier Connétable of St. Peter Connétable of St. Ouen Connétable of St. Brelade Connétable of St. Martin Connétable of Grouville Connétable of St. John Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville

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

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

Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy of St. Martin

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

Deputy S.Y. Mézec (H) Deputy A.D. Lewis (H) Deputy of St. Ouen

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)

Arrangement of public business for future meetings

THE STATES, adopting a proposition of Senator Andrew Kenneth Francis Green, M.B.E., agreed, in accordance with Standing Order 26(7), to reduce the minimum lodging period in respect of the proposition of the Connétable of St. John entitled Vote of No Confidence: Chief Minister' (P.55/2017) in order that it could be listed as the first item of public business at the meeting on 20th June 2017.

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) –

20th June 2017

Vote of No Confidence: Chief Minister.  P.55/2017. Lodged: 7th June 2017.

Connétable of St. John .

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

Lodged: 11th April 2017.

Chief Minister.

Channel Islands Lottery: allocation of proceeds from 2016.  P.27/2017. Lodged: 18th April 2017.

Minister for Economic Development, Tourism, Sport and Culture.

Income Support Medical Appeal Tribunal: re-appointment of members.  P.35/2017. Lodged: 16th May 2017.

Minister for Social Security.

Jersey Innovation Fund.

Presented: 12th January 2017.

Comptroller and Auditor General.  R.3/2017.

review of ministerial responsibility following the C&AG Report of January 2017,  R.45/2017.

and addendum.  and

Presented: 2nd May/23rd May 2017.  R.45/2017.

Chief Minister.  Add. (Consideration in Committee'.)

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)  P.33/2017. (Amendment) (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  P.37/2017. 201-.

Lodged: 16th May 2017.

Minister for the Environment.

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

Lodged: 19th May 2017.

Privileges and Procedures Committee.

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  P.41/2017. schools.

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.

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.

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.

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

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 Counter-Terrorism and Security (Miscellaneous Amendments) (Jersey) Law  P.47/2017. 201-.

Lodged: 1st June 2017.

Minister for Home Affairs.

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.

THE STATES rose at 6.13 p.m.

DR. M. EGAN Greffier of the States