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THE STATES assembled on Tuesday 20th February 2018, at 09.30 a.m. under the Presidency of the Deputy Bailiff , Timothy John Le Cocq , Esquire.
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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 Sarah Craig Ferguson – en défaut (défaut raised at 9.47 a.m.)
Deputy John Alexander Nicholas Le Fondré of St. Lawrence – excused attendance Deputy Susan Jane Pinel of St. Clement – en défaut
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Prayers
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Second East Rainbows – welcome
The Deputy Bailiff , on behalf of all members, welcomed the Second East Rainbows, who were present in the public gallery.
Subordinate enactments tabled
The following enactments were tabled, namely –
Teachers Superannuation (Refund of Contributions, Deferred Pensions and Transfer R&O.10/2018. Value Payments) (Miscellaneous Amendments) (Jersey) Order 2018.
Chief Minister.
EU Legislation (Sanctions – Somalia) (Amendment) (Jersey) Order 2018. R&O.11/2018. Minister for External Relations.
Documents presented
Social housing in Jersey: introduction of a regulatory framework (P.120/2017) – P.120/2017. comments. Com. Presented: 16th February 2018.
Environment, Housing and Infrastructure Scrutiny Panel.
Social housing in Jersey: introduction of a regulatory framework (P.120/2017) – P.120/2017. amendments (P.120/2017 Amd.Amd., P.120/2017 Amd.(2), Amds.Com. P.120/2017 Amd.(2).Amd. and P.120/2017 Amd.(3)) – consolidated comments.
Presented: 19th February 2018.
Minister for Housing.
States Employment Board: living wage 2017 (P.122/2017) – comments. P.122/2017. Presented: 12th February 2018. Com. Council of Ministers.
Draft Machinery of Government (Miscellaneous Amendments) (Jersey) Law 201- P.1/2018. (P.1/2018): comments. Com. Presented: 14th February 2018.
Privileges and Procedures Committee.
Draft Machinery of Government (Miscellaneous Amendments) (Jersey) Law 201- P.1/2018. (P.1/2018): comments. Com.(2) Presented: 19th February 2018.
Chairmen's Committee.
States of Jersey Complaints Panel: report for 2017. R.12/2018. Presented: 12th February 2018.
Privileges and Procedures Committee.
States of Jersey Law 2005: delegation of functions – Minister for Education to R.13/2018. Assistant Minister.
Presented: 13th February 2018.
Chief Minister.
Charity Tribunal: appointment of Chair and members. R.14/2018. Presented: 13th February 2018.
Chief Minister.
Acting Information Commissioner: appointment. R.15/2018. Presented: 16th February 2018.
Chief Minister.
Planning Committee Decisions 2017. R.16/2018. Presented: 20th February 2018.
Minister for the Environment.
Notification of lodged propositions
Social housing in Jersey: introduction of a regulatory framework (P.120/2017) – P.120/2017. amendment (P.120/2017 Amd.) – amendment. Amd.Amd. Lodged: 6th February 2018.
Senator P.F.C. Ozouf .
Social housing in Jersey: introduction of a regulatory framework (P.120/2017) – P.120/2017. second amendment (P.120/2017 Amd.(2)) – amendment. Amd.(2). Lodged: 13th February 2018. Amd. Senator P.F.C. Ozouf .
Social housing in Jersey: introduction of a regulatory framework (P.120/2017) – third P.120/2017. amendment. Amd.(3) Lodged: 8th February 2018.
Environment, Housing and Infrastructure Scrutiny Panel.
Family Friendly Policy: implementation (P.129/2017) – amendment. P.129/2017. Lodged: 13th February 2018. Amd. Minister for Social Security.
Draft Trusts (Amendment No. 7) (Jersey) Law 201-. P.23/2018. Lodged: 5th February 2018.
Chief Minister.
Draft Export Control (Jersey) Law 2009 (Appointed Day) Act 201-. P.24/2018. Lodged: 6th February 2018.
Minister for Home Affairs.
Draft Community Provisions (Exports of Dual-Use Items) (Revocation) (Jersey) P.25/2018. Regulations 201-.
Lodged: 6th February 2018.
Minister for Home Affairs.
Draft Financial Services Ombudsman (Disclosure of Information – Amendment of P.26/2018. Law) (Jersey) Regulations 201-.
Lodged: 6th February 2018.
Minister for Economic Development, Tourism, Sport and Culture.
Draft Employment (Amendment of Law) (No. 2) (Jersey) Regulations 201-. P.27/2018. Lodged: 6th February 2018.
Minister for Social Security.
Draft Income Support (Amendment No. 17) (Jersey) Regulations 201-. P.28/2018. Lodged: 6th February 2018.
Minister for Social Security.
Channel Islands Lottery: allocation of proceeds from 2017. P.29/2018. Lodged: 6th February 2018.
Minister for Economic Development, Tourism, Sport and Culture.
Draft Data Protection (Registration and Charges) (Jersey) Regulations 201-. P.30/2018. Lodged: 8th February 2018.
Chief Minister.
Housing: prevention of discrimination by landlords against tenants with children. P.31/2018. Lodged: 9th February 2018.
Deputy M. Tadier of St. Brelade .
Public Services Ombudsman: establishment of office. P.32/2018. Lodged: 12th February 2018.
Senator P.F.C. Ozouf .
Higher Education funding proposal. P.33/2018. Lodged: 15th February 2018.
Council of Ministers.
Jersey Overseas Aid Commission: appointment of non-States Commissioner. P.34/2018. Lodged: 16th February 2018.
Deputy of Grouville .
Banning the sale, importation and use of products containing glyphosate: petition. P.35/2018. Lodged: 20th February 2018.
Deputy K.C. Lewis of St. Saviour .
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 –
Independent Jersey Care Inquiry Report: implementation of recommendations. P.108/2017. Lodged: 31st October 2017.
Chief Minister
Written Questions
(see Official Report/Hansard)
WQ.28/2018 1. The Minister for Treasury and Resources tabled an answer to a question asked by the Deputy
of Grouville regarding the revenue that would be raised if Income Tax were calculated on an independent basis.
WQ.29/2018 2. The Minister for Social Security tabled an answer to a question asked by Deputy S.Y. Mézec
of St. Helier regarding the apprenticeship minimum wage.
WQ.30/2018 3. The Minister for Social Security tabled an answer to a question asked by Deputy S.Y. Mézec
of St. Helier regarding rules surrounding workers' tips.
WQ.31/2018 4. H.M. Attorney General tabled an answer to a question asked by Deputy S.Y. Mézec of
St. Helier regarding the powers of the Commissioner for Standards in respect of Connétable s undertaking Parish work.
WQ.32/2018 5. The Minister for Health and Social Services tabled an answer to a question asked by Deputy
S.Y. Mézec of St. Helier regarding the decision to rule out a dual-site option for the new hospital.
WQ.33/2018 6. 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 grants of public money which he had signed off.
WQ.34/2018 7. The Chairman of the Comité des Connétable s tabled an answer to a question asked by Deputy
G.P. Southern of St. Helier regarding the number of people on the electoral register. WQ.35/2018 8. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding the work being undertaken to make Jersey a member of the World Trade
Organisation.
WQ.36/2018 9. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy
G.P. Southern of St. Helier regarding the financial impact of rent policies.
WQ.37/2018 10. The Minister for Treasury and Resources tabled an answer to a question asked by the Deputy
of St. John regarding the loss of Income Tax arising from childcare allowances.
WQ.38/2018 11. The Minister for Education tabled an answer to a question asked by the Deputy of St. John
regarding expenditure from the Nursery Education Fund.
WQ.39/2018 12. The Minister for Social Security tabled an answer to a question asked by the Deputy of St. John
regarding the household component of Income Support.
WQ.40/2018 13. The Minister for Treasury and Resources tabled an answer to a question asked by the Deputy
of St. John regarding his Department's policy on borrowing and lending.
WQ.41/3018 14. The Minister for Social Security tabled an answer to a question asked by the Deputy of St. John
regarding the overpayment and underpayment of Income Support.
WQ.42/2018 15. The Chairman of the Comité des Connétable s tabled an answer to a question asked by Deputy
M. Tadier of St. Brelade regarding membership of the Parishes' Roads Committees.
WQ.43/2018 16. H.M. Attorney General tabled an answer to a question asked by Deputy M. Tadier of
St. Brelade regarding parish hall enquiries undertaken in 2017.
WQ.44/2018 17. The Minister for Education tabled an answer to a question asked by Deputy M. Tadier of
St. Brelade regarding the number of students learning an instrument with the Jersey Music Service.
WQ.45/2018 18. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier
regarding funding for an Income Distribution Survey to be held in 2018.
WQ.46/2018 19. The Minister for Social Security tabled an answer to a question asked by Deputy G.P. Southern
of St. Helier regarding the impact of making changes to Social Security contributions and the upper earnings limit.
Oral Questions
(see Official Report/Hansard)
OQ.27/2018 1. Deputy J.M. Maçon of St. Saviour asked a question of the Assistant Minister for Social Security
regarding consultation with the business community in respect of family friendly employment rights.
OQ.35/2018 2. Deputy S.Y. Mézec of St. Helier asked a question of the Minister for Treasury and Resources
regarding the funding requirements for revised higher education grants.
OQ.33/2018 3. Deputy G.P. Southern of St. Helier asked a question of the Chairman of the Comité des
Connétable s regarding the levels of voter registration.
OQ.28/2018 4. Deputy J.A. Martin of St. Helier asked a question of the Chief Minister regarding the
appointment of Assistant Ministers.
OQ.34/2018 5. Deputy M. Tadier of St. Brelade asked a question of the Minister for Health and Social Services
regarding the prescription of medicinal cannabis products.
OQ.29/2018 6. Senator S.C. Ferguson asked a question of the Minister for Treasury and Resources regarding
the long-term strategy for funding higher education grants.
OQ.36/2018 7. Deputy S.Y. Mézec of St. Helier asked a question of the Assistant Minister for Education regarding the work of the Department to enable students to engage with the democratic process.
OQ.32/2018 8. Senator P.F.C. Ozouf asked a question of the Assistant Chief Minister regarding the resource
implications of the recent case pursued by the Jersey Competition Regulatory Authority involved the oil sector.
OQ.30/2018 9. Deputy G.P. Southern of St. Helier asked a question of the Assistant Minister for Social
Security regarding contribution rates for employers and high-earning employees.
OQ.37/2018 10. Deputy M. Tadier of St. Brelade asked a question of the Assistant Chief Minister regarding
negotiations with the BBC regarding free television licences for all over-75s in Jersey.
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.
Arrangement of public business for the present meeting
THE STATES, adopting the request of the Chairman of the Environment, Housing and Infrastructure Scrutiny Panel, agreed in accordance with Standing Order 26(7), to reduce the minimum lodging period in respect of the amendment of the Environment, Housing and Infrastructure Scrutiny Panel (P.120/2017 Amd.(3)) to the proposition of the Minister for Housing entitled Social housing in Jersey: introduction of a regulatory framework' (P.120/2017) in order that it might be debated at the present meeting.
Social housing in Jersey: introduction of a regulatory framework P.120/2017
THE STATES commenced consideration of a proposition of the Minister for Housing entitled Social housing in Jersey: introduction of a regulatory framework' (P.120/2017).
THE STATES commenced consideration of an amendment of Deputy Montfort Tadier of St. Brelade (P.120/2017 Amd.(2)) and rejected an amendment of Senator Philip Francis Cyril Ozouf to that amendment (P.120/2017 Amd.(2)Amd.) that after part 2 of the amendment, there should be inserted the following new part –
"3 PAGE 2, PARAGRAPH (c) –
After the word "necessary" insert the word "primary" and after the words "within 2 years" insert the words ", with the Minister for Housing retaining the ability to introduce the regulation of different categories of housing providers in stages rather than simultaneously".".
Members present voted as follows –
POUR: 22 CONTRE: 23 ABSTAIN: 0
Senator P.F.C. Ozouf Connétable of St. Helier Connétable of St. Clement Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Brelade Connétable of St. Martin Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H) Deputy J.A. Hilton (H) Deputy K.C. Lewis (S) Deputy of St. Martin Deputy R.G. Bryans (H)
Senator P.F. Routier Senator A.J.H. Maclean Senator L.J. Farnham Senator P.M. Bailhache Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Peter Connétable of St. Ouen Connétable of St. Saviour Deputy G.P. Southern (H) Deputy of Grouville Deputy of Trinity
Deputy M. Tadier (B) Deputy E.J. Noel (L) Deputy of St. John
STATES MINUTES
Deputy of St. Peter Deputy A.D. Lewis (H) Deputy of St. Ouen Deputy M.J. Norton (B) Deputy of St. Mary Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)
20th February 2018
Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.Y. Mézec (H) Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy S.M. Brée (C) Deputy T.A. McDonald (S)
THE STATES, resuming consideration of the amendment of Deputy Montfort Tadier of St. Brelade (P.120/2017 Amd.(2)), rejected the proposition that –
After the words "in relation to" the word "social" should be deleted, and after the word "housing" the words ", as set out in the report accompanying the proposition" should be deleted; and
In sub-paragraphs (i) and (ii) for the word "social" there should be substituted the word "all" in each place where it occurred and, in sub-paragraph (iii), the word "social" should be deleted.
Members present voted as follows –
POUR: 16 CONTRE: 31 ABSTAIN: 0
Connétable of St. Saviour Deputy G.P. Southern (H) Deputy J.A. Hilton (H) 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 of St. Ouen
Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy T.A. McDonald (S) Deputy of St. Mary
Deputy P.D. McLinton (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 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 J.A. Martin (H) Deputy of Grouville Deputy of Trinity
Deputy E.J. Noel (L) Deputy of St. Martin Deputy R.G. Bryans (H) Deputy of St. Peter
Deputy R.J. Rondel (H) Deputy A.D. Lewis (H) Deputy S.M. Brée (C) Deputy M.J. Norton (B) Deputy G.J. Truscott (B)
THE STATES, resuming consideration of the proposition of the Minister for Housing, adopted an amendment of the Environment, Housing and Infrastructure Scrutiny Panel (P.120/2017 Amd.(3)) that in sub-paragraph (b)(ii), after the words "performance against those standards" there should be inserted the words ", with particular regard to the interaction with both Income Support and the States' 90% rent policy".
Members present voted as follows –
POUR: 42 CONTRE: 2 ABSTAIN: 0
Senator P.F. Routier Senator P.F.C. Ozouf 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 St. Saviour
Deputy J.A. Martin (H) Deputy M.R. Higgins (H)
Connétable of Grouville Connétable of St. John Deputy G.P. Southern (H) Deputy of Grouville
Deputy J.A. Hilton (H) Deputy of Trinity
Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy E.J. Noel (L) Deputy of St. John
Deputy J.M. Maçon (S) Deputy of St. Martin Deputy R.G. Bryans (H) Deputy of St. Peter
Deputy R.J. Rondel (H) 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. Brée (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, resuming consideration of the proposition of the Minister for Housing, commenced consideration of an amendment of Senator Philip Francis Cyril Ozouf (P.120/2017 Amd.) and adopted an amendment of Senator Philip Francis Cyril Ozouf to that amendment (P.120/2017 Amd.Amd.) that after the words " "supply and the type of housing needed" ", the words "; and after original paragraph (b)(iv) insert the following new paragraph –
"(vi) the establishment of a Housing Supply Commissioner;" should be deleted.
THE STATES resumed consideration of the amendment of Senator Philip Francis Cyril Ozouf (P.120/2017 Amd.), as amended, and, adopting the amendment, agreed that –
After paragraph (b)(iii) there should be inserted the following new paragraph –
"(iv) the inclusion of an appropriate power of Direction to the Regulator by the Minister
for Housing;";
with paragraph (b)(iv) re-designated as (b)(v); and
For the word "need" there should be substituted the words "supply and the type of housing needed".
Members present voted as follows –
POUR: 28 CONTRE: 14 ABSTAIN: 0
Senator P.F. Routier Senator P.F.C. Ozouf 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. 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 of Trinity
Deputy K.C. Lewis (S) Deputy R.G. Bryans (H) Deputy of St. Peter
Deputy R.J. Rondel (H) Deputy A.D. Lewis (H) Deputy of St. Ouen
Deputy S.M. Wickenden (H) Deputy S.M. Brée (C) Deputy M.J. Norton (B) Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)
Senator S.C. Ferguson Connétable of St. Saviour Connétable of Trinity Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville 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 T.A. McDonald (S) Deputy of St. Mary
THE STATES resumed consideration of the proposition of the Minister for Housing, as amended.
THE STATES noted that, in accordance with the provisions of Standing Order 106(1)(b), the following members declared an interest, but remained in the Chamber for the duration of the debate on the proposition of the Minister for Housing –
Senator Alan John Henry Maclean
Senator Ian Joseph Gorst
Senator Lyndon John Farnham
Senator Sarah Craig Ferguson
The Connétable of St. Peter
The Connétable of St. Ouen
The Connétable of St. Saviour
The Connétable of Grouville
The Connétable of St. John
Deputy Edward James Noel of St. Lawrence The Deputy of St. Martin
The Deputy of St. Peter
Deputy Richard John Rondel of St. Helier Deputy Andrew David Lewis of St. Helier The Deputy of St. Ouen .
Changes of Presidency
The Deputy Bailiff retired from the Chamber during consideration of the proposition of the Minister for Housing entitled Social housing in Jersey: introduction of a regulatory framework' (P.120/2017) and the meeting continued under the Presidency of Mrs. Lisa-Marie Hart , Deputy Greffier of the States. The Deputy Bailiff returned to the Chamber during consideration of the same proposition and the meeting continued under his Presidency.
Banning the sale, importation and use of products containing glyphosate: petition P.35/2018
Deputy Kevin Charles Lewis of St. Saviour presented to the States a petition to request the States to bring forward, as a matter of urgency, legislation to ban the sale, importation and use of products containing glyphosate as an active ingredient or adjuvant.
THE STATES referred the petition to the Minister for the Environment and Deputy Kevin Charles Lewis of St. Saviour lodged "au Greffe" a proposition to the effect that the prayer of the petition be granted.
Adjournment
THE STATES adjourned, having agreed to reconvene on Wednesday 21st February 2018 to continue consideration of the proposition of the Minister for Housing entitled Social housing in Jersey: introduction of a regulatory framework' (P.120/2017), as amended, and other outstanding items of public business.
THE STATES rose at 5.31 p.m.
L.-M. HART Deputy Greffier of the States