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States Minutes 25th September 2018

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THE STATES assembled on Tuesday 25th September 2018, at 09.30 a.m. under the Presidency of the Bailiff ,

Sir William James Bailhache .

 __________________

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 Ian Joseph Gorst – absent on States business (arrived in the Chamber at 10.56 a.m.) Senator Samuel Yves Mézec – absent on States business

Connétable Alan Simon Crowcroft of St. Helier – excused attendance

Connétable Deidre Wendy Mezbourian of St. Lawrence – en défaut

Connétable Sadie Anthea Le Sueur -Rennard of St. Saviour – en défaut (défaut raised at 9.40 a.m.) Deputy Judith Ann Martin of St. Helier – ill

Deputy Stephen George Luce of St. Martin – excused attendance

 __________________

Prayers

 __________________

Deputy Financial Secretary from St. Helena – welcome

The Bailiff , on behalf of all members, welcomed the Deputy Financial Secretary from the St. Helena Government.

Economic Affairs Scrutiny Panel – resignation of member

THE STATES noted the resignation of Deputy Kevin Glyn Pamplin of St. Saviour from the Economic Affairs Scrutiny Panel.

British-Irish Parliamentary Assembly: appointment of Member

THE STATES commenced consideration of the nomination and election of a Member to represent the States of Jersey on the British-Irish Parliamentary Assembly.

Deputy David Johnson of St. Mary was nominated by the Chief Minister.

There being no further nominations, Deputy David Johnson of St. Mary was duly appointed as the Jersey Member to represent the States of Jersey on the British-Irish Parliamentary Assembly.

British-Irish Parliamentary Assembly: appointment of Associate Member

THE STATES commenced consideration of the nomination and election of an Associate Member to represent the States of Jersey on the British-Irish Parliamentary Assembly.

Connétable Alan Simon Crowcroft of St. Helier was nominated by the Chief Minister.

There being no further nominations, Connétable Alan Simon Crowcroft of St. Helier was duly appointed the Associate Member to represent the States of Jersey on the British-Irish Parliamentary Assembly.

Subordinate enactments tabled

The following enactments were tabled, namely –

Sea Fisheries (Bag Limits) (Amendment No. 2) (Jersey) Order 2018.  R&O.92/2018. Minister for the Environment.

European Union (Repeal and Amendment) (Jersey) Law 2018 (Commencement)  R&O.93/2018. (Jersey) Order 2018.

Minister for External Relations.

Taxation (Exchange of Information with Third Countries) (Amendment of  R&O.94/2018. Regulations) (Jersey) Order 2018.

Minister for External Relations.

Royal Court (Amendment No. 23) Rules 2018.  R&O.95/2018. Superior Number of the Royal Court.

Service of Process (Amendment No. 3) Rules 2018.  R&O.96/2018. Superior Number of the Royal Court.

Documents presented

Governance Arrangements for Health and Social Care. R.120/2018. Presented: 13th September 2018.

Comptroller and Auditor General.

Andium Homes: Annual Report 2017.  R.121/2018. Presented: 17th September 2018.

Minister for Treasury and Resources.

Tourism Development Fund: Annual Report 2017.  R.122/2018. Presented: 18th September 2018.

Minister for Economic Development, Tourism, Sport and Culture.

States of Jersey Law 2005: delegation of functions – Minister for Economic  R.123/2018. Development, Tourism, Sport and Culture – delegations to Assistant Ministers

September 2018.

Presented: 18th September 2018.

Minister for Economic Development, Tourism, Sport and Culture.

States of Jersey Law 2005: delegation of functions – Minister for Health and Social  R.124/2018. Services – delegations to Assistant Minister September 2018.

Presented: 19th September 2018.

Minister for Health and Social Services.

States of Jersey Law 2005: delegation of functions – Minister for Education –  R.125/2018. delegations to Assistant Minister September 2018.

Presented: 20th September 2018.

Minister for Education.

Office of the Comptroller and Auditor General: Annual Report and Accounts for the  R.126/2018. year ended 31 December 2017.

Presented: 25th September 2018.

Comptroller and Auditor General.

Land Transactions under Standing Order 168(3) – La Palloterie, Les Marais Avenue,  R.127/2018. La Route de la Haule, St. Lawrence – sale of Assisted House Purchase property.

Presented: 25th September 2018.

Minister for Infrastructure.

Notification of lodged propositions

Draft Amendment (No. 37) of the Standing Orders of the States of Jersey.  P.103/2018. Lodged: 18th September 2018.

Privileges and Procedures Committee.

Importation of Waste for treatment in the Jersey Energy from Waste plant.  P.104/2018. Lodged: 20th September 2018.

Minister for Infrastructure.

Immigration (Biometric Information) (Jersey) Order 2018: extension to Jersey by  P.105/2018. Order in Council.

Lodged: 24th September 2018.

Chief Minister.

Draft Sexual Offences (Consequential Amendments) (Jersey) Regulations 201-.  P.106/2018. Lodged: 24th September 2018.

Minister for Home Affairs.

Draft Marriage and Civil Status (Sexual Offences Amendment) (Jersey) Regulations  P.107/2018. 201-.

Lodged: 24th September 2018.

Minister for Home Affairs.

Draft Sexual Offences (Jersey) Law 2018 (Appointed Day) Act 201-.  P.108/2018. Lodged: 24th September 2018.

Minister for Home Affairs.

Written Questions

(see Official Report/Hansard)

WQ.150/2018  1.  The Minister for Economic Development, Tourism, Sport and Culture tabled an answer to a

question asked by Deputy J.M. Maçon of St. Saviour regarding plans to commemorate the 75th Anniversary of Liberation Day.

WQ.151/2018  2.  The Minister for Treasury and Resources tabled an answer to a question asked by Deputy

R.J. Ward of St. Helier regarding pay awards to employees of States-owned bodies. WQ.152/2018  3.  The Minister for Infrastructure tabled an answer to a question asked by Deputy R.J. Ward of

St. Helier regarding measures to encourage cycling in Jersey.

WQ.153/2018  4.  The Chief Minister tabled an answer to a question asked by Deputy R.J. Ward of St. Helier

regarding the appointment of Assistant Ministers.

WQ.154/2018  5.  The Minister for Social Security tabled an answer to a question asked by Deputy R.J. Ward

of St. Helier regarding the usage of food banks in Jersey.

WQ.155/2018  6.  The Chief Minister will table an answer to a question asked by Deputy R. Labey of St. Helier

regarding the establishment of a Sterling-Cryptocurrency exchange in Jersey.

WQ.156/2018  7.  The Chairman of the Privileges and Procedures Committee tabled an answer to a question

asked by Senator S.Y. Mézec regarding the impact of the Bailiff and Deputy Bailiff presiding in the States Assembly.

Oral Questions

(see Official Report/Hansard)

OQ.127/2018  1.  The Connétable of St. Ouen asked a question of the Minister for the Environment regarding

plans to engage with bodies such as the Jersey Landlords' Association in respect of the implementation of the Public Health and Safety (Rented Dwellings) (Jersey) Law 2018.

The States noted that, in accordance with the provisions of Standing Order 106(1)(c), the Connétable of St. Ouen declared an interest which was not financial, and remained in the Chamber for the duration of the consideration of the question.

OQ.128/2018  2.   Deputy R.J. Ward of St. Helier asked a question of the Chairman of the States Employment

Board regarding public sector pay awards.

OQ.129/2018  3.   Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding

consideration of the Social Metrics Commission's report A new measure of poverty for the U.K.'.

OQ.131/2018  4.   Deputy M. Tadier of St. Brelade asked a question of the Minister for Health and Social

Services regarding the law drafting instructions to amend the Misuse of Drugs (Jersey) Law 1978 to reflect the reclassification of Bedrocan and Tilray medication.

OQ.133/2018  5.  Senator S.C. Ferguson asked a question of the Minister for Health and Social Services

regarding plans to review and, if necessary, update proposals for the reform of health and social care services as set out in P.82/2012.

OQ.130/2018  6.   Deputy G.P. Southern of St. Helier asked a question of the Minister for Infrastructure

regarding information considered when deciding to outsource cleaning and gardening services.

OQ.132/2018  7.   Deputy M. Tadier of St. Brelade asked a question of the Chief Minister regarding whether

rental price caps would be explored in the work of the future Affordable Housing Policy Development Board.

Oral Questions without notice (see Official Report/Hansard)

The Minister for the Environment answered questions without notice from members.

The Minister for Treasury and Resources answered questions without notice from members.

Standing Orders of the States of Jersey: rescindment of Standing Order 141A(2)(c) P.101/2018

THE STATES, in pursuance of Article 48 of the States of Jersey Law 2005, adopted a proposition of Deputy Russell Labey of St. Helier and rescinded Standing Order 141A(2)(c) of the Standing Orders of the States of Jersey.

Members present voted as follows –

POUR: 41  CONTRE: 1  ABSTAIN: 0 Senator I.J. Gorst   Deputy M. Tadier (B)

Senator L.J. Farnham

Senator S.C. Ferguson

Senator J.A.N. Le Fondré

Senator T.A. Vallois

Senator K.L. Moore

Senator S.W. Pallett

Connétable of St. Helier

Connétable of St. Clement

Connétable of St. Saviour

Connétable of St. Brelade

Connétable of Grouville

Connétable of St. John

Connétable of Trinity

Connétable of St. Peter

Connétable of St. Mary

Connétable of St. Ouen

Connétable of St. Martin

Deputy G.P. Southern (H)

Deputy of Grouville

Deputy K.C. Lewis (S)

Deputy J.M. Maçon (S)

Deputy S.J. Pinel (C)

Deputy R.J. Rondel (H)

Deputy of St. Ouen

Deputy L.M.C. Doublet (S)

Deputy R. Labey (H)

Deputy S.M. Wickenden (H)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Deputy J.H. Young (B)

Deputy K.F. Morel (L)

Deputy G.C.U. Guida (L)

Deputy of St. Peter

Deputy of Trinity

Deputy M.R. Le Hegarat (H)

Deputy S.M. Ahier (H)

Deputy J.H. Perchard (S)

Deputy R.J. Ward (H)

Deputy C.S. Alves (H)

Deputy K.G. Pamplin (S)

Arrangement of public business for future meetings

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 October 2018

Ratification of the Agreement between the Government of Jersey and the Government P.97/2018. of the United Kingdom of Great Britain and Northern Ireland for the Elimination of

Double Taxation with respect to Taxes on Income and on Capital Gains and the

Prevention of Tax Evasion and Avoidance.

Lodged: 3rd August 2018.

Minister for External Relations.

23rd October 2018

Public impact of Propositions: proposed amendment to Standing Orders.  P.96/2018. Lodged: 3rd August 2018.

Deputy G.C.U. Guida of St. Lawrence .

Public impact of Propositions: proposed amendment to Standing Orders (P.96/2018) – P.96/2018. comments.  Com. Presented: 23rd August 2018.

Privileges and Procedures Committee.

Public impact of Propositions: proposed amendment to Standing Orders (P.96/2018) – P.96/2018. comments.  Com.(2). Presented: 10th September 2018.

Chief Minister.

Public impact of Propositions: proposed amendment to Standing Orders (P.96/2018) – P.96/2018. amendment.  Amd. Lodged: 20th August 2018.

Deputy S.M. Wickenden of St. Helier .

Public impact of Propositions: proposed amendment to Standing Orders (P.96/2018) – P.96/2018. second amendment.  Amd.(2) Lodged: 22nd August 2018.

Senator S.C. Ferguson.

Ratification of the Agreement between Jersey and the Principality of Liechtenstein for P.102/2018. the Elimination of Double Taxation with Respect to Taxes on Income and on Capital

and the Prevention of Tax Evasion and Avoidance.

Lodged: 30th August 2018.

Minister for External Relations.

6th November 2018

Draft Amendment (No. 37) of the Standing Orders of the States of Jersey.  P.103/2018. Lodged: 18th September 2018.

Privileges and Procedures Committee.

Importation of Waste for treatment in the Jersey Energy from Waste plant.  P.104/2018. Lodged: 20th September 2018.

Minister for Infrastructure.

Immigration (Biometric Information) (Jersey) Order 2018: extension to Jersey by  P.105/2018. Order in Council.

Lodged: 24th September 2018.

Chief Minister.

Draft Sexual Offences (Consequential Amendments) (Jersey) Regulations 201-.  P.106/2018. Lodged: 24th September 2018.

Minister for Home Affairs.

Draft Marriage and Civil Status (Sexual Offences Amendment) (Jersey) Regulations  P.107/2018. 201-.

Lodged: 24th September 2018.

Minister for Home Affairs.

Draft Sexual Offences (Jersey) Law 2018 (Appointed Day) Act 201-.  P.108/2018. Lodged: 24th September 2018.

Minister for Home Affairs.

20th November 2018 4th December 2018

Rejection of Planning Application relating to Retreat Farm, La Rue de La Frontière,  P.100/2018. St. Mary and Rue des Varvots, St. Lawrence : rescindment of Ministerial Decision.

Lodged: 20th August 2018.

Deputy S.M. Wickenden of St. Helier .

THE STATES rose at 11.35 a.m.

DR. M. EGAN Greffier of the States