States Assembly | States Minutes 22nd March 2018

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THE STATES assembled on Thursday 22nd March 2018, at 09.30 a.m. under the Presidency of

Dr. Mark Egan, Greffier of the States. __________________

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

Senator Philip Francis Cyril Ozouf – en défaut (défaut raised at 10.18 a.m.)

Senator Alan John Henry Maclean – en défaut

Senator Sir Philip Martin Bailhache – absent on States business

Connétable Leonard Norman of St. Clement – excused attendance

Connétable Michael John Paddock of St. Ouen – excused attendance

Deputy John Alexander Nicholas Le Fondré of St. Lawrence – excused attendance (arrived in the Chamber at 4.28 p.m.)

Deputy Stephen George Luce of St. Martin – absent on States business

Deputy Samuel Yves Mézec of St. Helier – en défaut (défaut raised at 9.42 a.m.)

Deputy Louise Catherine Mary Doublet of St. Saviour – ill

Deputy Peter Derek McLinton of St. Saviour – excused attendance (arrived in the Chamber at 11.55 a.m.)

__________________

Prayers

__________________

Documents presented

Governance of the States of Jersey Police. R.32/2018. Presented: 22nd March 2018.

Comptroller and Auditor General.

Commemoration of Westminster Terrorist Attack – One minute's silence

The States observed one minute's silence to commemorate the first anniversary of the terrorist attack at Westminster on 22nd March 2017.

Arrangement of public business for the present meeting

THE STATES, adopting a proposition of Senator Ian Joseph Gorst , agreed that it would take the Draft Trusts (Amendment No. 7) (Jersey) Law 201- as the first item of public business to be considered.

Draft Trusts (Amendment No. 7) (Jersey) Law 201- P.23/2018

THE STATES commenced consideration of the Draft Trusts (Amendment No. 7) (Jersey) Law 201- and adopted the principles.

THE STATES, having been informed that the relevant scrutiny panel had indicated that it did not wish to scrutinise the draft legislation, adopted Articles 1 to 13.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Trusts (Amendment No. 7) (Jersey) Law 201-.

Members present voted as follows –

POUR: 36 CONTRE: 0 ABSTAIN: 0

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

Senator L.J. Farnham Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville 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 K.C. Lewis (S) Deputy M. Tadier (B) 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 R.G. Bryans (H) Deputy of St. Peter

Deputy R.J. Rondel (H) Deputy S.Y. Mézec (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)

Family Friendly Policy: implementation P.129/2017

THE STATES commenced consideration of a proposition of Deputy Geoffrey Peter Southern of St. Helier entitled Family Friendly Policy: implementation' (P.129/2017).

THE STATES, commencing consideration of an amendment of the Minister for Social Security (P.129/2017 Amd.), adopted part 2 of the amendment that, for paragraph (c), there should be substituted the following paragraph –

"(c) to review the level of disregard provided for income from Maternity Allowance for mothers in

receipt of an Income Support award and, if appropriate, to amend the Income Support (General Provisions) (Jersey) Order 2008 accordingly.".

THE STATES, adopting part 1 of the amendment of the Minister for Social Security (P.129/2017 Amd.), agreed that, in paragraph (b), before the words "to bring forward proposals to the States" there should be inserted the words "to review the results of the public consultation "Living today: Thinking ahead" undertaken in 2017 and, if appropriate," and that the words ", with effect from September 2018" should be deleted.

Members present voted as follows –

POUR: 29 CONTRE: 6 ABSTAIN: 0

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. Peter Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Martin Connétable of Grouville Connétable of St. John 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 J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Peter

Deputy R.J. Rondel (H) Deputy of St. Ouen

Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy M.J. Norton (B) Deputy T.A. McDonald (S) Deputy of St. Mary

Deputy G.J. Truscott (B)

Connétable of Trinity Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy M. Tadier (B) Deputy S.Y. Mézec (H) Deputy S.M. Bree (C)

THE STATES resumed consideration of the proposition of Deputy Geoffrey Peter Southern of St. Helier , as amended, and, adopting the proposition, as amended, requested the Minister for Social Security –

to bring forward proposals to the States to implement the recommendations made by the Employment Forum in its report issued on 15th December 2017, Review of Family Friendly Employment Rights', in accordance with the timetable set out in Section 3, page 6, of that report;
to review the results of the public consultation "Living today: Thinking ahead" undertaken in 2017 and, if appropriate, to bring forward proposals to the States to extend the period covered by Maternity Allowance under the Social Security (Jersey) Law 1974 from 18 to 26 weeks; and
to review the level of disregard provided for income from Maternity Allowance for mothers in receipt of an Income Support award and, if appropriate, to amend the Income Support (General Provisions) (Jersey) Order 2008 accordingly.

Members present voted as follows –

POUR: 30 CONTRE: 1 ABSTAIN: 0 Senator P.F. Routier Deputy R.G. Bryans (H)

Senator P.F.C. Ozouf

Senator I.J. Gorst

Senator L.J. Farnham

Senator S.C. Ferguson

Connétable of St. Peter

Connétable of St. Lawrence

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 of Trinity

Deputy M. Tadier (B)

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. Peter

Deputy R.J. Rondel (H)

Deputy S.Y. Mézec (H)

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)

Roll Call

During consideration of the proposition of Deputy Geoffrey Peter Southern of St. Helier entitled Family Friendly Policy: implementation' (P.129/2017), the Presiding Officer, in accordance with Standing Order 56(2), 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 P.F.C. Ozouf Senator I.J. Gorst

Senator L.J. Farnham Senator S.C. Ferguson Connétable of St. Lawrence Connétable of St. Mary 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 K.C. Lewis (S) Deputy M. Tadier (B) Deputy E.J. Noel (L) Deputy of St. John

Deputy S.J. Pinel (C) Deputy of St. Peter

Deputy R.J. Rondel (H) Deputy S.Y. Mézec (H) Deputy of St. Ouen

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

Deputy G.J. Truscott (B)

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 –

Assignment of a long lease (sale) of the Royal Yacht Al Fresco area by the States of P.17/2018. Jersey Development Company: rescindment of Ministerial Decision.

Lodged: 26th January 2018.

Connétable of St. John .

Draft Financial Services (Amendment of Law) (No. 5) (Jersey) Regulations 201- P.19/2018

THE STATES commenced consideration of the Draft Financial Services (Amendment of Law) (No. 5) (Jersey) Regulations 201- and adopted the principles.

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 and 2.

THE STATES, in pursuance of Article 4(2) of the Financial Services (Jersey) Law 1998, made Regulations entitled the Financial Services (Amendment of Law) (No. 5) (Jersey) Regulations 2018.

Members present voted as follows –

POUR: 34 CONTRE: 0 ABSTAIN: 0

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

Senator L.J. Farnham Senator A.K.F. Green 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 of Grouville

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.J. Pinel (C) 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. 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)

Roll Call

During consideration of the Draft Financial Services (Amendment of Law) (No. 5) (Jersey) Regulations 201-, the Presiding Officer, in accordance with Standing Order 56(2), 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 P.F. Routier Senator P.F.C. Ozouf Senator I.J. Gorst

Senator L.J. Farnham Senator A.K.F. Green Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Martin Connétable of Grouville Connétable of St. John Deputy of Trinity

Deputy K.C. Lewis (S) Deputy of St. John

Deputy J.M. Maçon (S) Deputy R.G. Bryans (H) Deputy R.J. Rondel (H) Deputy S.Y. Mézec (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)

After the roll had been taken, the States remained inquorate and the Presiding Officer, in accordance with Standing Order 56(3), suspended the meeting for 5 minutes.

Following the resumption, the Presiding Officer, in accordance with Standing Order 56(2), asked the Greffier to call the roll. The following members were present in the Chamber for this roll call –

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. Peter 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 of Grouville

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.J. Pinel (C) 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)

Changes in Presidency

Dr. Mark Egan, Greffier of the States, retired from the Chair during consideration of the Draft Financial Services (Amendment of Law) (No. 5) (Jersey) Regulations 201-, and the meeting continued under the Presidency of the Deputy Bailiff .

Draft Discrimination (Disability) (Jersey) Regulations 201- P.20/2018

THE STATES commenced consideration of the Draft Discrimination (Disability) (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. Peter Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Brelade Connétable of St. Martin

Connétable of St. Saviour Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H) Deputy of Grouville

Deputy J.A. Hilton (H) Deputy K.C. Lewis (S) Deputy M. Tadier (B) 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 R.G. Bryans (H) Deputy of St. Peter

Deputy R.J. Rondel (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.

Members present voted as follows –

POUR: 32 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier Senator L.J. Farnham Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Brelade Connétable of St. Martin Connétable of St. Saviour 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 M. Tadier (B) Deputy E.J. Noel (L) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy R.G. Bryans (H) Deputy A.D. Lewis (H) Deputy of St. Ouen

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

Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)

Arrangement of public business for the present meeting

THE STATES, adopting the request of the Minister for Social Security, agreed in accordance with Standing Order 26(7), to reduce the minimum lodging period in respect of the amendment of the Minister for Social Security (P.20/2018 Amd.) to the Draft Discrimination (Disability) (Jersey) Regulations 201- in order that it might be debated at the present meeting.

Draft Discrimination (Disability) (Jersey) Regulations 201- P.20/2018

THE STATES resumed consideration of the Draft Discrimination (Disability) (Jersey) Regulations 201- and, commencing consideration of Regulation 5, adopted an amendment of the Minister for Social Security (P.20/2018 Amd.) that in the inserted paragraph 8 of Schedule 1, sub-paragraph (7) should be deleted and sub-paragraph (8) re-numbered accordingly.

THE STATES, resuming consideration of Regulation 5, as amended, adopted Regulation 5, as amended. Members present voted as follows –

POUR: 36 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier Senator L.J. Farnham 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. Brelade Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H) Deputy of Grouville

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

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.J. Pinel (C) Deputy R.G. Bryans (H) Deputy of St. Peter

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 adopted Regulations 6 to 8.

Members present voted as follows –

POUR: 38 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier Senator L.J. Farnham 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. Brelade Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy J.A. Martin (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 M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy R.G. Bryans (H) Deputy of St. Peter

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, in pursuance of Articles 5 and 47 of the Discrimination (Jersey) Law 2013, made Regulations entitled the Discrimination (Disability) (Jersey) Regulations 2018.

Members present voted as follows –

POUR: 38 CONTRE: 0 ABSTAIN: 0

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 M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy R.G. Bryans (H) Deputy of St. Peter

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)

Draft Stamp Duties and Fees (Amendment) (Jersey) Law 201- P.21/2018

THE STATES commenced consideration of the Draft Stamp Duties and Fees (Amendment) (Jersey) Law 201- and adopted the principles.

Members present voted as follows –

POUR: 35 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. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Brelade Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of Trinity 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 S.J. Pinel (C) Deputy of St. Peter

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 Articles 1 to 12 and Schedules 1 to 3.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Stamp Duties and Fees (Amendment) (Jersey) Law 201-.

Draft Export Control (Jersey) Law 2009 (Appointed Day) Act 201- P.24/2018

THE STATES, in pursuance of Article 16 of the Export Control (Jersey) Law 2009, made an Act entitled the Export Control (Jersey) Law 2009 (Appointed Day) Act 2018.

Members present voted as follows –

POUR: 29 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. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of St. John Deputy J.A. Martin (H) Deputy K.C. Lewis (S) Deputy E.J. Noel (L) Deputy of St. John

Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy R.G. Bryans (H) Deputy of St. Peter

Deputy of St. Ouen

Deputy R. Labey (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)

Draft Community Provisions (Exports of Dual-Use Items) (Revocation) (Jersey) Regulations 201- P.25/2018

THE STATES commenced consideration of the Draft Community Provisions (Exports of Dual-Use Items) (Revocation) (Jersey) Regulations 201- and adopted the principles.

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 and 2.

THE STATES, in pursuance of Articles 2 and 6 of the European Union Legislation (Implementation) (Jersey) Law 2014, made Regulations entitled the Community Provisions (Exports of Dual-Use Items) (Revocation) (Jersey) Regulations 2018.

Members present voted as follows –

POUR: 28 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier Senator L.J. Farnham Senator A.K.F. Green Senator S.C. Ferguson Connétable of St. Helier Connétable of St. Clement Connétable of St. Lawrence Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of St. John Deputy J.A. Martin (H) Deputy J.A. Hilton (H) 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 R.G. Bryans (H) Deputy of St. Peter

Deputy of St. Ouen

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

Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)

Arrangement of public business for the present meeting

THE STATES, adopting a proposition of Deputy Judith Ann Martin of St. Helier , agreed that consideration of the proposition of the Deputy of Grouville entitled Jersey Overseas Aid Commission: appointment of non-States Commissioner' (P.34/2018) and of the Draft Licensing (Amendment No. 19) (Jersey) Regulations 201- would be taken immediately before consideration of the proposition of Senator Philip Francis Cyril Ozouf entitled Public Services Ombudsman: establishment of office' (P.32/2018).

Draft Financial Services Ombudsman (Disclosure of Information – Amendment of Law) (Jersey) Regulations 201- P.26/2018

THE STATES commenced consideration of the Draft Financial Services Ombudsman (Disclosure of Information – Amendment of Law) (Jersey) Regulations 201- and adopted the principles.

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 and 2.

THE STATES, in pursuance of Article 21 of the Financial Services Ombudsman (Jersey) Law 2014, made Regulations entitled the Financial Services Ombudsman (Disclosure of Information – Amendment of Law) (Jersey) Regulations 2018.

Members present voted as follows –

POUR: 29 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. Clement Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of St. John 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 R.G. Bryans (H) Deputy of St. Peter

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

Deputy G.J. Truscott (B)

Draft Employment (Amendment of Law) (No. 2) (Jersey) Regulations 201- P.27/2018

THE STATES commenced consideration of the Draft Employment (Amendment of Law) (No. 2) (Jersey) Regulations 201- and adopted the principles.

Members present voted as follows –

POUR: 30 CONTRE: 0 ABSTAIN: 0

Connétable of Grouville Connétable of Trinity Deputy J.A. Martin (H) Deputy of Grouville Deputy J.A. Hilton (H) Deputy of Trinity

Deputy M. Tadier (B) 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 R.G. Bryans (H) Deputy of St. Peter

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

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 16.

THE STATES, in pursuance of Articles 55A(3), 55S(6) and 104 of the Employment (Jersey) Law 2003, made Regulations entitled the Employment (Amendment of Law) (No. 2) (Jersey) Regulations 2018.

Members present voted as follows –

POUR: 31 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier Senator L.J. Farnham 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 St. Saviour Connétable of Grouville Connétable of Trinity Deputy J.A. Martin (H) Deputy of Grouville Deputy J.A. Hilton (H) Deputy of Trinity

Deputy M. Tadier (B) 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 R.G. Bryans (H) Deputy of St. Peter

Deputy A.D. Lewis (H) Deputy R. Labey (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)

Draft Income Support (Amendment No. 17) (Jersey) Regulations 201- P.28/2018

THE STATES commenced consideration of the Draft Income Support (Amendment No. 17) (Jersey) Regulations 201- and adopted the principles.

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 and 2.

THE STATES, in pursuance of Articles 5 and 18 of the Income Support (Jersey) Law 2007, made Regulations entitled the Income Support (Amendment No. 17) (Jersey) Regulations 2018.

Members present voted as follows –

POUR: 31 CONTRE: 0 ABSTAIN: 0

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

Deputy M. Tadier (B) 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 R.G. Bryans (H) Deputy of St. Peter

Deputy A.D. Lewis (H) 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)

Channel Islands Lottery: allocation of proceeds from 2017 P.29/2018

THE STATES, adopting a proposition of the Minister for Economic Development, Tourism, Sport and Culture entitled Channel Islands Lottery: allocation of proceeds from 2017' (P.29/2018), 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 2017) 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: 31 CONTRE: 0 ABSTAIN: 0

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

Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy E.J. Noel (L) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy R.G. Bryans (H) Deputy of St. Peter

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 the present meeting

THE STATES, adopting the proposition of Senator Paul Francis Routier, M.B.E., agreed in accordance with Standing Order 26(7), to reduce the minimum lodging period in respect of the Draft Data Protection (Registration and Charges) (Jersey) Regulations 201- in order that they might be debated at the present meeting.

Draft Data Protection (Registration and Charges) (Jersey) Regulations 201- P.30/2018

THE STATES commenced consideration of the Draft Data Protection (Registration and Charges) (Jersey) Regulations 201- and adopted the principles.

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 8 and the Schedule.

THE STATES, in pursuance of Articles 18 and 46 of the Data Protection Authority (Jersey) Law 2018, made Regulations entitled the Data Protection (Registration and Charges) (Jersey) Regulations 2018.

Members present voted as follows –

POUR: 30 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier Senator L.J. Farnham Connétable of St. Helier Connétable of St. Peter Connétable of St. Mary Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of Trinity Deputy J.A. Martin (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 M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy R.G. Bryans (H) Deputy of St. Peter

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)

Jersey Overseas Aid Commission: appointment of non-States Commissioner P.34/2018

THE STATES, adopting a proposition of the Deputy of Grouville entitled Jersey Overseas Aid Commission: appointment of non-States Commissioner' (P.34/2018), appointed Mr. Alistair Calvert as a non-States Commissioner of the Jersey Overseas Aid Commission until 20th March 2021, in accordance with clause 7.6 of the Constitution of the Jersey Overseas Aid Commission as set out in Schedule 1 to the Jersey Overseas Aid Commission (Jersey) Law 2005.

Members present voted as follows –

POUR: 34 CONTRE: 0 ABSTAIN: 0

Senator P.F. Routier

Senator P.F.C. Ozouf Senator L.J. Farnham Senator S.C. Ferguson Connétable of St. Helier Connétable of St. Clement Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H) Deputy of Grouville

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

Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy E.J. Noel (L) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy R.G. Bryans (H) Deputy of St. Peter

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)

Draft Licensing (Amendment No. 19) (Jersey) Regulations 201- P.49/2018

THE STATES commenced consideration of the Draft Licensing (Amendment No. 19) (Jersey) Regulations 201- and adopted the principles.

Members present voted as follows –

POUR: 34 CONTRE: 1 ABSTAIN: 1 Senator P.F. Routier Connétable of St. Martin Senator L.J. Farnham

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. Saviour Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H) Deputy of Grouville

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

Deputy K.C. Lewis (S) Deputy M. Tadier (B) 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. Peter

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 and 2.

THE STATES, in pursuance of Article 93 of the Licensing (Jersey) Law 1974, made Regulations entitled the Licensing (Amendment No. 19) (Jersey) Regulations 2018.

THE STATES noted that, in accordance with the provisions of Standing Order 106(1)(b), Senator Lyndon John Farnham declared an interest but remained in the Chamber for the duration of the debate on the Draft Licensing (Amendment No. 19) (Jersey) Regulations 201-.

Arrangement of public business for the present meeting

THE STATES rejected the proposition of Senator Andrew Kenneth Francis Green, M.B.E. to reduce, in accordance with Standing Order 26(7), the minimum lodging period in respect of the following propositions in order that they might be debated at the present meeting –

Draft Capacity and Self-Determination (Amendment) (Jersey) Law 201- (P.42/2018), lodged by the Minister for Health and Social Services.

Draft Capacity and Self-Determination (Capacity and Liberty – Assessors) (Jersey) Regulations 201- (P.43/2018), lodged by the Minister for Health and Social Services.

Draft Capacity and Self-Determination (Independent Capacity Advocates) (Jersey) Regulations 201- (P.44/2018), lodged by the Minister for Health and Social Services.

Draft Capacity and Self-Determination (Supervision of Delegates etc.) (Jersey) Regulations 201- (P.45/2018), lodged by the Minister for Health and Social Services.

Draft Mental Health (Guardianship) (Jersey) Regulations 201- (P.46/2018), lodged by the Minister for Health and Social Services.

Draft Mental Health (Independent Mental Health Advocates) (Jersey) Regulations 201- (P.47/2018), lodged by the Minister for Health and Social Services.

Draft Mental Health and Capacity (Consequential Amendment and Transitional Provision) (Jersey) Regulations 201- (P.48/2018), lodged by the Minister for Health and Social Services.

Draft Capacity and Self-Determination (Jersey) Law 2016 (Appointed Day) Act 201- (P.65/2018), lodged by the Minister for Health and Social Services.

Draft Mental Health (Jersey) Law 2016 (Appointed Day) Act 201- (P.66/2018), lodged by the Minister for Health and Social Services.

Members present voted as follows –

POUR: 17 CONTRE: 20 ABSTAIN: 2

Senator P.F. Routier Connétable of St. Lawrence Deputy J.A.N. Le Fondré (L) Senator P.F.C. Ozouf Connétable of St. Brelade Deputy of St. Ouen

Senator L.J. Farnham Connétable of St. Saviour

Senator A.K.F. Green Connétable of Grouville

Connétable of St. Helier Connétable of St. John

Connétable of St. Clement Connétable of Trinity

Connétable of St. Peter Deputy J.A. Martin (H)

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

Connétable of St. Martin Deputy of Grouville

Deputy of Trinity Deputy K.C. Lewis (S)

Deputy E.J. Noel (L) Deputy M. Tadier (B)

Deputy S.J. Pinel (C) Deputy of St. John

Deputy R.G. Bryans (H) Deputy M.R. Higgins (H)

Deputy of St. Peter Deputy J.M. Maçon (S)

Deputy A.D. Lewis (H) Deputy R. Labey (H)

Deputy M.J. Norton (B) Deputy S.M. Wickenden (H)

Deputy P.D. McLinton (S) Deputy S.M. Bree (C)

Deputy T.A. McDonald (S)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Public Services Ombudsman: establishment of office P.32/2018

THE STATES commenced consideration of a proposition of Senator Philip Francis Cyril Ozouf entitled Public Services Ombudsman: establishment of office' (P.32/2018) and, adopting an amendment of Senator Philip Francis Cyril Ozouf (P.32/2018 Amd.), agreed that –

In paragraph (b), before the words "to agree" there should be inserted the words "subject to the findings of the research set out in paragraph (c),";

In paragraph (b), before the words "Public Services Ombudsman" there should be inserted the word "proposed";

In paragraph (e), before the words "to request" there should be inserted the words "subject to the findings of the research set out in paragraph (c), ";

In paragraph (f), before the words "to request" there should be inserted the words "subject to the findings of the research set out in paragraph (c),";

In paragraph (g), before the words "Public Services Ombudsman" there should be inserted the word "proposed"; and

In paragraph (i), before the words "to request" there should be inserted the words "subject to the findings of the research set out in paragraph (c),".

THE STATES resumed consideration of the proposition of Senator Philip Francis Cyril Ozouf , as amended, and, adopting the proposition, as amended, agreed –

that the recommendations from the Clothier Report on the Machinery of Government in Jersey and the Jersey Law Commission that "An Ombudsman should be appointed to hear and determine complaints of maladministration" should be progressed as a matter of priority;
subject to the findings of the research set out in paragraph (c), that the scope of a Jersey Public Services Ombudsman should include –

the departments of the States of Jersey; and
regulatory bodies appointed by the States of Jersey, except for the Jersey Financial Services Commission;

to request the Chief Minister to commission research on the costs of introducing a Public Services Ombudsman scheme in Jersey, which should encompass the matters for research set out in Appendix 1 to the accompanying Report;
to request the Chief Minister to consult widely on the design of the proposed Public Services Ombudsman scheme, including with the members of the Jersey Complaints Board, which was established by the Administrative Decisions (Review) (Jersey) Law 1982, in order that the best elements of the Complaints Panel scheme were retained within the new system;
subject to the findings of the research set out in paragraph (c), to request the Chief Minister to bring forward primary legislation to establish the office of a Public Services Ombudsman, to replace the States of Jersey Complaints Board, as soon as was practicable, and to agree that the primary Law would include provisions for the detail and scope of the Ombudsman arrangements to be set out in Regulations and, where appropriate, Order-making powers;
subject to the findings of the research set out in paragraph (c), to request the Chief Minister to establish, and appoint with the concurrence of the Jersey Appointments Commission, a minimum of 3 suitably qualified individuals to act as a Shadow Board to oversee and drive the tasks set out in the proposition and, as soon as was practicable, for this Board to assume the role of a Shadow Public Services Ombudsman;
to request relevant Ministers to ensure that there was good co-ordination between the work of the newly-appointed Children's Commissioner and the proposed Public Services Ombudsman;
to request that the Ombudsman Board, as described in paragraph (f), should work in close co- operation with the Financial Services Ombudsman, with a view to assessing the desirability of creating a single Ombudsman Service for Jersey, if there were tangible benefits for complainants, service providers and the 2 Ombudsman functions;

subject to the findings of the research set out in paragraph (c), to request the Chief Minister to set out a timetable for bringing such primary legislation and Regulations to the States for approval, and for appointing a Shadow Ombudsman Board and bringing an Ombudsman service into operation.

Members present voted as follows –

POUR: 24 CONTRE: 8 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. Lawrence Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of St. John Deputy J.A. Martin (H) Deputy of Grouville

Deputy of Trinity

Deputy of St. John

Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy M.J. Norton (B) Deputy G.J. Truscott (B) Deputy P.D. McLinton (S)

Connétable of St. Clement Connétable of Trinity Deputy K.C. Lewis (S) Deputy E.J. Noel (L) Deputy A.D. Lewis (H) Deputy of St. Ouen Deputy S.M. Bree (C) Deputy T.A. McDonald (S)

Arrangement of public business for future meetings

THE STATES, adopting a proposition of Senator Andrew Kenneth Francis Green, M.B.E., agreed that the Assembly would meet up to 8.00 p.m. on Monday 9th April 2018.

Members present voted as follows –

POUR: 25 CONTRE: 6 ABSTAIN: 0

Senator P.F. Routier Senator P.F.C. Ozouf Senator A.K.F. Green Connétable of St. Helier Connétable of St. Clement Connétable of St. Peter Connétable of St. Martin Connétable of St. Saviour Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy J.A. Martin (H)

Senator L.J. Farnham Senator S.C. Ferguson Connétable of St. Lawrence Deputy of Grouville Deputy J.M. Maçon (S) Deputy S.J. Pinel (C)

Deputy of Trinity

Deputy K.C. Lewis (S) Deputy E.J. Noel (L) Deputy of St. John

Deputy M.R. Higgins (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 G.J. Truscott (B) Deputy P.D. McLinton (S)

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) –

9th April 2018

Higher Education funding proposal. P.33/2018. Lodged: 15th February 2018.

Council of Ministers.

Future Hospital: Review of proposed site location and costs. P.37/2018. Lodged: 21st February 2018.

Connétable of St. John .

Draft Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017 (Appointed Day) P.39/2018. Act 201-.

Lodged: 26th February 2018.

Minister for Home Affairs.

Draft Armed Forces (Vehicles and Roads – Amendments) (Jersey) Regulations 201-. P.40/2018. Lodged: 26th February 2018.

Minister for Home Affairs.

Immigration (Biometric Registration) (Jersey) Order 2018: extension to Jersey by P.41/2018. Order in Council.

Lodged: 26th February 2018.