States Assembly | States Minutes 6th November 2018

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THE STATES assembled on Tuesday 6th November 2018, at 09.30 a.m. under the Presidency of the Bailiff ,

Sir William James Bailhache .

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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 Ian Joseph Gorst – absent on States business

Senator Sarah Craig Ferguson – en défaut (défaut raised at 9.40 a.m.)

Deputy Geoffrey Peter Southern of St. Helier – en défaut (défaut raised at 9.37 a.m.)

Deputy Richard John Rondel of St. Helier – ill

Deputy Louise Mary Catherine Doublet of St. Saviour – en défaut (défaut raised at 9.40 a.m.)

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Prayers

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Subordinate enactments tabled

The following enactments were tabled, namely –

EU Legislation (Sanctions – Chemical Weapons) (Jersey) Order 2018. R&O.106/2018. Minister for External Relations.

EU Legislation (Sanctions – Iraq) (Jersey) Order 2018. R&O.107/2018. Minister for External Relations.

Employment (Minimum Wage) (Amendment No. 12) (Jersey) Order 2018. R&O.108/2018. Minister for Social Security.

Motor Vehicles (Construction and Use) (Amendment No. 13) (Jersey) Order 2018. R&O.109/2018. Minister for Infrastructure.

Documents presented

Importation of Waste for treatment in the Jersey Energy from Waste plant P.104/2018. (P.104/2018): comments. Com. Presented: 30th October 2018.

Minister for the Environment.

Importation of Waste for treatment in the Jersey Energy from Waste plant P.104/2018. (P.104/2018): comments. Com.(2) Presented: 6th November 2018.

Environment, Housing and Infrastructure Scrutiny Panel.

Importation of Waste for treatment in the Jersey Energy from Waste plant P.104/2018. (P.104/2018): amendment (P.104/2018 Amd.) – comments. Amd.Com. Presented: 5th November 2018.

Minister for Infrastructure.

Medicinal Cannabis: right to prescribe by medical professionals (P.113/2018) – P.113/2018. comments. Com. Presented: 5th November 2018.

Minister for Health and Social Services.

States of Jersey Law 2005: delegation of functions – Chief Minister – Regulation of R.141/2018. Care legislation – October 2018.

Presented: 25th October 2018.

Chief Minister.

Land Transactions under Standing Order 168(3) – Belle Vue, St. Brelade – proposed R.142/2018. sale of minor parcel of land co-extensive with 7 Le Clos Emma.

Presented: 29th October 2018.

Minister for Infrastructure.

Notification of lodged propositions

Importation of Waste for treatment in the Jersey Energy from Waste plant P.104/2018. (P.104/2018): amendment. Amd. Lodged: 24th October 2018.

Connétable of St. Helier .

Draft Road Traffic and Vehicles (Vienna Convention – Miscellaneous Amendments) P.109/2018. (Jersey) Regulations 201- (P.109/2018): amendment. Amd. Lodged: 6th November 2018.

Environment, Housing and Infrastructure Scrutiny Panel.

Draft Finance (2019 Budget) (Jersey) Law 201-. P.130/2018. Lodged: 24th October 2018.

Minister for Treasury and Resources.

Draft Damages (Jersey) Law 201-. P.131/2018. Lodged: 24th October 2018.

Chief Minister.

Draft Taxation (Companies – Economic Substance) (Jersey) Law 201-. P.132/2018. Lodged: 25th October 2018.

Minister for External Relations.

Draft Employment (Minimum Wage) (Amendment No. 15) (Jersey) Regulations 201-. P.133/2018. Lodged: 26th October 2018.

Minister for Social Security.

Draft Cybercrime (Jersey) Law 201-. P.134/2018. Lodged: 29th October 2018.

Minister for Home Affairs.

States Assembly Diversity Forum: establishment. P.135/2018. Lodged: 5th November 2018.

Deputy L.M.C. Doublet of St. Saviour .

Draft Air Navigation (Rules of the Air) (Amendment) (Jersey) Regulations 201-. P.136/2018. Lodged: 5th November 2018.

Minister for External Relations.

Withdrawal of lodged propositions

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

Draft Taxation (Companies – Economic Substance) (Jersey) Law 201-. P.121/2018. Lodged: 23rd October 2018.

Minister for External Relations.

Planning Committee – appointment of member

In accordance with Standing Order 125A the Chairman of the Planning Committee indicated that he henceforth wished to have a Committee of 9 members, including the Chairman, and nominated the Connétable of Trinity as a member of the Committee.

There being no other nominations, the Bailiff declared that the Connétable of Trinity had been duly appointed as a member of the Planning Committee.

Written Questions

(see Official Report/Hansard)

WQ.228/2018 1. The Chairman of the States Employment Board tabled an answer to a question asked by

Deputy J.M. Maçon of St. Saviour regarding key performance indicators for the Chief Executive Officer.

WQ.229/2018 2. The Minister for Education tabled an answer to a question asked by Deputy J.H. Perchard of

St. Saviour regarding a breakdown of exam grades by subject and by gender.

WQ.230/2018 3. The Chairman of the States Employment Board tabled an answer to a question asked by

Deputy J.H. Perchard of St. Saviour regarding equal pay for work of equal value within the public sector.

WQ.231/2018 4. The Chief Minister tabled an answer to a question asked by Deputy J.H. Perchard of

St. Saviour regarding the composition of Boards appointed by the States.

WQ.232/2018 5. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy

R.J. Ward of St. Helier regarding the funding available for public sector pay awards in 2018. WQ.233/2018 6. The Minister for Home Affairs tabled an answer to a question asked by Deputy R.J. Ward of

St. Helier regarding vacancies within uniform services.

WQ.234/2018 7. The Minister for the Environment tabled an answer to a question asked by Deputy R.J. Ward

of St. Helier regarding carbon inequality.

WQ.235/2018 8. The Minister for Social Security tabled an answer to a question asked by Deputy R.J. Ward

of St. Helier regarding Social Security staff on temporary and zero-hour contracts.

WQ.236/2018 9. The Minister for Education tabled an answer to a question asked by Deputy G.P. Southern of

St. Helier regarding cover arrangements for teacher absence.

WQ.237/2018 10. The Minister for Education tabled an answer to a question asked by Deputy G.P. Southern of

St. Helier regarding vacancies within teaching staff.

WQ.238/2018 11. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier

regarding staff savings within the public sector.

WQ.239/2018 12. The Chairman of the States Employment Board tabled an answer to a question asked by

Deputy G.P. Southern of St. Helier regarding the use of fixed-term contracts, zero-hour agreements and agency staff in the public sector.

WQ.240/2018 13. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier

regarding the reorganisation of the public sector.

WQ.241/2018 14. The Minister for Infrastructure tabled an answer to a question asked by Deputy C.S. Alves of St. Helier regarding unoccupied buildings within States of Jersey ownership.

WQ.242/2018 15. The Minister for Social Security tabled an answer to a question asked by Deputy C.S. Alves of St. Helier regarding measures to increase the level of the minimum wage.

WQ.243/2018 16. The Chairman of the States Employment Board tabled an answer to a question asked by

Deputy C.S. Alves of St. Helier regarding arrangements for people leaving employment with the States of Jersey.

WQ.244/2018 17. H.M. Attorney General tabled an answer to a question asked by Deputy M.R. Higgins of

St. Helier regarding unsuccessful prosecutions in the Magistrate's Court.

WQ.245/2018 18. H.M. Attorney General tabled an answer to a question asked by Deputy M.R. Higgins of

St. Helier regarding studies into unsuccessful prosecutions in the Magistrate's Court. WQ.246/2018 19. The Minister for Home Affairs tabled an answer to a question asked by Deputy M.R. Higgins

of St. Helier regarding the use of body cameras by officers of the States of Jersey Police. WQ.247/2018 20. The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier

regarding applications for Entitled status under Regulation 2(1)(e) of the Control of Housing

and Work (Residential and Employment Status) (Jersey) Regulations 2013.

WQ.248/2018 21. The Chairman of the States Employment Board tabled an answer to a question asked by

Deputy M.R. Higgins of St. Helier regarding investigations into employees in the public sector arising from the work of the Independent Jersey Care Inquiry.

WQ.249/2018 22. The Minister for Social Security tabled an answer to a question asked by Deputy C.S. Alves

of St. Helier regarding the safeguards in place when sanctions were imposed under the Income Support system.

The Bailiff , following the referral by Deputy Jessica Harriet Perchard of St. Saviour of the answer to her written question to the Chief Minister (WQ.231/2018), ruled, in accordance with Standing Order 12(4)(b), that the answer tabled to the question did not contravene Standing Order 12(2A) and that an alternative answer was therefore not required.

Oral Questions

(see Official Report/Hansard)

OQ.173/2018 1. Deputy K.F. Morel of St. Lawrence asked a question of the Minister for Children and Housing

regarding measures to improve the affordability of housing in the private sector.

OQ.175/2018 2. Deputy G.P. Southern of St. Helier asked a question of the Assistant Minister for External

Relations regarding the provisions of the Draft Taxation (Companies – Economic Substance) (Jersey) Law 201-.

OQ.176/2018 3. Deputy R.J. Ward of St. Helier asked a question of the Assistant Minister for External

Relations regarding funding allocation for the response and preparation in respect of Brexit. OQ.167/2018 4. The Connétable of St. Martin asked a question of the Minister for the Environment regarding

discussions with Jersey Electricity in respect of emission limits for its plant.

OQ.177/2018 5. Deputy S.M. Ahier of St. Helier asked a question of the Minister for Infrastructure regarding

the provision of premises for Brighter Futures.

OQ.171/2018 6. Senator K.L. Moore asked a question of the Minister for Children and Housing regarding

funding to provide support services for families at risk.

OQ.170/2018 7. Deputy K.G. Pamplin of St. Saviour asked a question of the Minister for Health and Social

Services regarding a review of Health and Social Services: A New Way Forward' (P.82/2012).

OQ.166/2018 8. Deputy J.M. Maçon of St. Saviour asked a question of the Assistant Minister for Treasury and

Resources regarding the remuneration of high-ranking officers of arm's-length bodies. OQ.183/2018 9. Deputy M.R. Higgins of St. Helier asked a question of the Assistant Minister for External

Relations regarding discussions with European Union officials in respect of economic

substance requirements for companies based in Jersey.

OQ.172/2018 10. Deputy K.G. Pamplin of St. Saviour asked a question of the Minister for Economic

Development, Tourism, Sport and Culture regarding the viability of Fort Regent in its current form.

OQ.182/2018 11. Senator K.L. Moore asked a question of the Minister for Children and Housing regarding the

publication of the Objective Housing Needs Survey.

OQ.181/2018 12. Deputy R.J. Ward of St. Helier asked a question of the Minister for Treasury and Resources

regarding growth bids submitted by the arm's-length arts organisations.

OQ.174/2018 13. Deputy K.F. Morel of St. Lawrence asked a question of the Minister for Education regarding

gender equality in computer studies.

OQ.180/2018 14. Deputy M. Tadier of St. Brelade asked a question of the Minister for Infrastructure regarding

feedback from the Jersey Taxi Drivers Association regarding recent changes to the industry. OQ.184/2018 15. Deputy M.R. Higgins of St. Helier asked a question of the Chairman of the States Employment

Board regarding her recent meeting with union leaders.

OQ.179/2018 16. Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding his

proposals to deliver savings in productivity improvements and vacancy management.

OQ.168/2018 17. The Connétable of St. Martin asked a question of the Minister for Health and Social Services

regarding the encouragement of registration for organ donation in Jersey.

Oral Questions without notice (see Official Report/Hansard)

The Minister for Home Affairs answered questions without notice from members. The Chief Minister answered questions without notice from members.

Statements on a matter of official responsibility (see Official Report/Hansard)

The Minister for Education made a statement regarding the independent review of the head-teacher appointment process at First Tower School.

Importation of Waste for treatment in the Jersey Energy from Waste plant P.104/2018

THE STATES commenced consideration of a proposition of the Minister for Infrastructure entitled Importation of Waste for treatment in the Jersey Energy from Waste plant' (P.104/2018) and, adopting an amendment of the Connétable of St. Helier (P.104/2018 Amd.), agreed that after the word recovery' there should be inserted the following words –

"and to agree that any surplus revenue derived from the processing of off-Island waste will be earmarked for spending on the following projects –

environmental improvements on the eastern side of the incinerator at La Collette, St. Helier , including tree planting;
interpretation facilities relating to the RAMSAR site which abuts the promontory of La Collette II;
improvements to encourage access for walking, cycling and such leisure activities as may be feasible in the vicinity of La Collette, including fishing, boating and swimming;
improvements in the area surrounding the incinerator, including the promenade, La Collette Gardens and the wooded areas of South Hill;
any other environmental improvement projects which the Minister for the Environment deems appropriate".

Members present voted as follows –

POUR: 37 CONTRE: 0 ABSTAIN: 0

Senator S.C. Ferguson Senator J.A.N. Le Fondré Senator T.A. Vallois Senator K.L. Moore Senator S.W. Pallett Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Clement Connétable of St. Lawrence Connétable of St. Brelade Connétable of Grouville Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy K.C. Lewis (S) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy of St. Martin Deputy of St. Ouen

Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B.E. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy J.H. Perchard (S) Deputy R.J. Ward (H) Deputy K.G. Pamplin (S)

THE STATES resumed consideration of the proposition of the Minister for Infrastructure, as amended, and, adopting the proposition, approved the principle of waste importation into Jersey for treatment in the Island's Energy from Waste ("EfW") plant for recovery and agreed that any surplus revenue derived from the processing of off-Island waste would be earmarked for spending on the following projects –

environmental improvements on the eastern side of the incinerator at La Collette, St. Helier , including tree planting;
interpretation facilities relating to the RAMSAR site which abutted the promontory of La Collette II;
improvements to encourage access for walking, cycling and such leisure activities as might be feasible in the vicinity of La Collette, including fishing, boating and swimming;
improvements in the area surrounding the incinerator, including the promenade, La Collette Gardens and the wooded areas of South Hill;
any other environmental improvement projects which the Minister for the Environment deemed appropriate.

Members present voted as follows –

POUR: 38 CONTRE: 9 ABSTAIN: 0

Senator L.J. Farnham Connétable of St. Helier Senator S.C. Ferguson Deputy M. Tadier (B)

Senator J.A.N. Le Fondré Senator T.A. Vallois Senator K.L. Moore

Senator S.W. Pallett

Senator S.Y. Mézec Connétable of St. Clement Connétable of St. Lawrence 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 J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville

Deputy K.C. Lewis (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B.E. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy K.G. Pamplin (S)

Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy J.H. Perchard (S) Deputy R.J. Ward (H) Deputy C.S. Alves (H)

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

THE STATES, adopting a proposition of the Chief Minister, agreed, pursuant to Article 31 of the States of Jersey Law 2005, that a request be made to Her Majesty in Council for the making of an Order in Council that would extend to Jersey, with appropriate modifications –

section 145 of the Immigration and Asylum Act 1999;
sections 126 to 128 and section 164 of the Nationality, Immigration and Asylum Act 2002; and
sections 8 and 14(3), paragraphs 3 and 4 of Schedule 2, section 73(6), and paragraph 19 of Schedule 9 of the Immigration Act 2014,

as summarised in the Report attached to the Proposition. Members present voted as follows –

POUR: 42 CONTRE: 3 ABSTAIN: 0

Senator L.J. Farnham Senator J.A.N. Le Fondré Senator T.A. Vallois Senator K.L. Moore

Senator S.W. Pallett

Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Clement Connétable of St. Lawrence 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 J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville

Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B.E. Ash (C) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy R.J. Ward (H) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S)

Senator S.C. Ferguson Deputy K.F. Morel (L) Deputy J.H. Perchard (S)

Draft Sexual Offences (Consequential Amendments) (Jersey) Regulations 201- P.106/2018

THE STATES commenced consideration of the Draft Sexual Offences (Consequential Amendments) (Jersey) Regulations 201- and adopted the principles.

Members present voted as follows –

POUR: 43 CONTRE: 0 ABSTAIN: 0

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

Deputy K.C. Lewis (S) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B.E. Ash (C) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

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)

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 11.

THE STATES made Regulations entitled the Sexual Offences (Consequential Amendments) (Jersey) Regulations 2018 under Article 46 of the Sexual Offences (Jersey) Law 2018.

Members present voted as follows –

POUR: 42 CONTRE: 0 ABSTAIN: 0

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

Deputy K.C. Lewis (S) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) 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 L.B.E. Ash (C) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

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)

Changes in Presidency

The Bailiff retired from the Chamber prior to consideration of the Draft Sexual Offences (Consequential Amendments) (Jersey) Regulations 201- and the meeting continued under the Presidency of Dr. Mark Egan, Greffier of the States.

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

THE STATES commenced consideration of the Draft Marriage and Civil Status (Sexual Offences Amendment) (Jersey) Regulations 201- and adopted the principles.

Members present voted as follows –

POUR: 44 CONTRE: 0 ABSTAIN: 0

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

Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin 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 L.B.E. Ash (C) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

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)

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 made Regulations entitled the Marriage and Civil Status (Sexual Offences Amendment) (Jersey) Regulations 2018 under Article 2 of the Legislation (Amending Power) (Jersey) Law 1999.

Members present voted as follows –

POUR: 43 CONTRE: 0 ABSTAIN: 0

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

Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Clement Connétable of St. Lawrence Connétable of St. Saviour Connétable of St. Brelade Connétable of Grouville Connétable of St. John Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Deputy J.A. Martin (H) Deputy of Grouville

Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin 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 L.B.E. Ash (C) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

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)

Draft Sexual Offences (Jersey) Law 2018 (Appointed Day) Act 201- P.108/2018

THE STATES made an Act entitled the Sexual Offences (Jersey) Law 2018 (Appointed Day) Act 2018 under Article 2 of the Sexual Offences (Jersey) Law 2018.

Medicinal Cannabis: right to prescribe by medical professionals P.113/2018

THE STATES commenced consideration of a proposition of Deputy Montfort Tadier of St. Brelade entitled Medicinal Cannabis: right to prescribe by medical professionals' (P.113/2018) and, adopting paragraph (a)(i), agreed that all medical professionals with the right to prescribe should be permitted to prescribe cannabis.

Members present voted as follows –

POUR: 27 CONTRE: 20 ABSTAIN: 0

Senator L.J. Farnham Senator T.A. Vallois Senator K.L. Moore

Senator S.W. Pallett

Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Saviour Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville

Deputy M. Tadier (B) Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy L.B.E. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of St. John

Deputy S.M. Ahier (H) Deputy R.J. Ward (H) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S)

Senator S.C. Ferguson Senator J.A.N. Le Fondré Connétable of St. Clement Connétable of St. Brelade Connétable of Grouville Connétable of St. John Connétable of Trinity Connétable of St. Peter Deputy K.C. Lewis (S) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen

Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy of Trinity

Deputy M.R. Le Hegarat (H) Deputy J.H. Perchard (S)

THE STATES, adopting paragraph (a)(ii), agreed that all medical professionals with the right to prescribe should be permitted to prescribe cannabis-derivatives.

Members present voted as follows –

POUR: 32 CONTRE: 15 ABSTAIN: 0

Senator L.J. Farnham Senator S.C. Ferguson Senator T.A. Vallois Senator J.A.N. Le Fondré Senator K.L. Moore Connétable of St. Clement Senator S.W. Pallett Connétable of St. Brelade

Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Saviour Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville

Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy J.H. Young (B) Deputy L.B.E. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of St. John

Deputy S.M. Ahier (H) Deputy R.J. Ward (H) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S)

Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy K.C. Lewis (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen

Deputy G.J. Truscott (B) Deputy of Trinity

Deputy M.R. Le Hegarat (H) Deputy J.H. Perchard (S)

THE STATES, adopting paragraph (a)(iii), agreed that all medical professionals with the right to prescribe should be permitted to prescribe individual Cannabinoids.

Members present voted as follows –

POUR: 32 CONTRE: 15 ABSTAIN: 0

Senator L.J. Farnham Senator T.A. Vallois Senator K.L. Moore Senator S.W. Pallett Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Saviour Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy L.M.C. Doublet (S) Deputy R. Labey (H)

Senator S.C. Ferguson Senator J.A.N. Le Fondré Connétable of St. Clement Connétable of St. Brelade Connétable of Grouville Connétable of St. John Connétable of Trinity Deputy K.C. Lewis (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen

Deputy G.J. Truscott (B) Deputy of Trinity

Deputy M.R. Le Hegarat (H) Deputy J.H. Perchard (S)

Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy J.H. Young (B) Deputy L.B.E. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of St. John

Deputy S.M. Ahier (H) Deputy R.J. Ward (H) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S)

THE STATES, adopting paragraph (a)(iv), agreed that all medical professionals with the right to prescribe should be permitted to prescribe pharmaceutically-created Cannabis-derived products (including Dronabinol, Epidiolex, Nabilone and Sativex).

Members present voted as follows –

POUR: 39 CONTRE: 6 ABSTAIN: 1

Senator L.J. Farnham Connétable of St. Brelade Senator J.A.N. Le Fondré Senator S.C. Ferguson Connétable of Trinity

Senator T.A. Vallois Deputy K.C. Lewis (S)

Senator K.L. Moore Deputy G.J. Truscott (B)

Senator S.W. Pallett Deputy M.R. Le Hegarat (H)

Senator S.Y. Mézec Deputy J.H. Perchard (S)

Connétable of St. Helier

Connétable of St. Clement

Connétable of St. Lawrence

Connétable of St. Saviour

Connétable of Grouville

Connétable of St. John

Connétable of St. Peter

Connétable of St. Mary

Connétable of St. Ouen

Connétable of St. Martin

Deputy J.A. Martin (H)

Deputy G.P. Southern (H)

Deputy of Grouville

Deputy M. Tadier (B)

Deputy M.R. Higgins (H)

Deputy J.M. Maçon (S)

Deputy S.J. Pinel (C)

Deputy of St. Ouen

Deputy L.M.C. Doublet (S)

Deputy R. Labey (H)

Deputy S.M. Wickenden (H)

Deputy of St. Mary

Deputy J.H. Young (B)

Deputy L.B.E. Ash (C)

Deputy K.F. Morel (L)

Deputy G.C.U. Guida (L)

Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy S.M. Ahier (H) Deputy R.J. Ward (H) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S)

THE STATES, adopting paragraph (b), requested the Minister for Health and Social Services to present the relevant changes to the law necessary to give effect to this decision to the States Assembly no later than 28th February 2019, consulting, as appropriate, on the details of implementation with the Misuse of Drugs Advisory Council.

Members present voted as follows –

POUR: 45 CONTRE: 2 ABSTAIN: 0

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

Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Clement Connétable of St. Lawrence Connétable of St. Saviour Connétable of St. Brelade Connétable of Grouville Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville

Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin 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 L.B.E. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy J.H. Perchard (S)

Connétable of St. John Connétable of Trinity

Deputy R.J. Ward (H) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S)

Changes in Presidency

Dr. Mark Egan, Greffier of the States, retired from the Chamber during consideration of the proposition of Deputy Montfort Tadier of St. Brelade entitled Medicinal Cannabis: right to prescribe by medical professionals' (P.113/2018), and the meeting continued under the Presidency of the Bailiff . The Bailiff retired from the Chamber during consideration of the same proposition, and the meeting continued under the Presidency of Mrs. Lisa-Marie Hart , Deputy Greffier of the States. The Bailiff subsequently returned to the Chamber during consideration of the same proposition, and the meeting continued under his Presidency.

Arrangement of public business for future meetings

THE STATES, adopting a proposition of the Chief Minister, agreed in accordance with Standing Order 26(7), to reduce the minimum lodging period in respect of the following propositions in order that they might be debated at the meeting of 20th November 2018 –

Draft Regulation of Care (Jersey) Law 2014 (Appointed Day) Act 201- (P.125/2018)

Draft Regulation of Care (Regulated Activities) (Jersey) Regulations 201- (P.126/2018)

Draft Regulation of Care (Standards and Requirements) (Jersey) Regulations 201- (P.127/2018) Draft Regulation of Care (Transfer of Functions) (Jersey) Regulations 201- (P.128/2018)

Draft Regulation of Care (Transitional and Transfer) (Jersey) Regulations 201- (P.129/2018).

THE STATES, adopting a proposition of the Chairman of the Privileges and Procedures Committee, agreed that it would meet at 2.45 p.m. on Monday 3rd December 2018 in order to deal with questions, with consideration of public business to begin at 9.30 a.m. on Tuesday 4th December 2018.

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 November 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.

Draft Road Traffic and Vehicles (Vienna Convention – Miscellaneous Amendments) P.109/2018. (Jersey) Regulations 201-.

Lodged: 26th September 2018.

Minister for Infrastructure.

Draft Road Traffic and Vehicles (Vienna Convention – Miscellaneous Amendments) P.109/2018. (Jersey) Regulations 201- (P.109/2018): amendment. Amd. Lodged: 6th November 2018.

Environment, Housing and Infrastructure Scrutiny Panel.

Draft Education (Provided Schools – Amendment of Law No. 2) (Jersey) P.111/2018. Regulations 201-.

Lodged: 3rd October 2018.

Minister for Education.

Draft Motor Vehicles (Removal from Private Land) (Jersey) Law 201-. P.112/2018. Lodged: 5th October 2018.

Minister for Home Affairs.

Comptroller and Auditor General Board of Governance: appointment of member. P.115/2018. Lodged: 12th October 2018.

Chief Minister.

Parish of St. Martin : provision of a loan for the former St. Martin 's Primary School P.117/2018. redevelopment.

Lodged: 22nd October 2018.

Minister for Treasury and Resources.

Compensation for Mesothelioma sufferers. P.124/2018. Lodged: 23rd October 2018.

Deputy C.S. Alves of St. Helier .

Draft Regulation of Care (Jersey) Law 2014 (Appointed Day) Act 201-. P.125/2018. Lodged: 23rd October 2018.

Chief Minister.

Draft Regulation of Care (Regulated Activities) (Jersey) Regulations 201-. P.126/2018. Lodged: 23rd October 2018.

Chief Minister.

Draft Regulation of Care (Standards and Requirements) (Jersey) Regulations 201-. P.127/2018. Lodged: 23rd October 2018.

Chief Minister.

Draft Regulation of Care (Transfer of Functions) (Jersey) Regulations 201-. P.128/2018. Lodged: 23rd October 2018.

Chief Minister.

Draft Regulation of Care (Transitional and Transfer) (Jersey) Regulations 201-. P.129/2018. Lodged: 23rd October 2018.

Chief Minister.

3rd December 2018

(Meeting to commence at 2.45 p.m. on Monday 3rd December 2018. Consideration of Public Business to commence at 9.30 a.m. on 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 .

Proposed Common Strategic Policy 2018–22. P.110/2018. Lodged: 3rd October 2018.

Council of Ministers.

Draft Budget Statement 2019. P.114/2018. Lodged: 9th October 2018.

Minister for Treasury and Resources.

Ratification of the Agreement between the Government of Jersey and the Government P.116/2018. of the Republic of Mauritius for the avoidance of double taxation and the prevention of

fiscal evasion with respect to taxes on income.

Lodged: 19th October 2018.

Minister for External Relations.

Draft Financial Services Ombudsman (Case-Fee, Levy and Budget – Amendments) P.118/2018. (Jersey) Regulations 201-.

Lodged: 22nd October 2018.

Minister for Economic Development, Tourism, Sport and Culture.

Draft Sanctions and Asset-Freezing (Jersey) Law 201-. P.119/2018. Lodged: 23rd October 2018.

Minister for External Relations.

Draft EU Legislation (Customs Union, Import and Export Control) (Jersey) P.120/2018. Regulations 201-.

Lodged: 23rd October 2018.

Minister for External Relations.

Draft Taxation (Agreements with European Union Member States) (Revocation) P.123/2018. (Jersey) Regulations 201-.

Lodged: 23rd October 2018.

Minister for External Relations.

Draft Finance (2019 Budget) (Jersey) Law 201-. P.130/2018. Lodged: 24th October 2018.

Minister for Treasury and Resources.

Draft Damages (Jersey) Law 201-. P.131/2018. Lodged: 24th October 2018.

Chief Minister.

Draft Taxation (Companies – Economic Substance) (Jersey) Law 201-. P.132/2018. Lodged: 25th October 2018.

Minister for External Relations.

Draft Employment (Minimum Wage) (Amendment No. 15) (Jersey) Regulations 201-. P.133/2018. Lodged: 26th October 2018.

Minister for Social Security.

15th January 2019

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

Privileges and Procedures Committee.

Draft Cybercrime (Jersey) Law 201-. P.134/2018. Lodged: 29th October 2018.

Minister for Home Affairs.

States Assembly Diversity Forum: establishment. P.135/2018. Lodged: 5th November 2018.

Deputy L.M.C. Doublet of St. Saviour .

Draft Air Navigation (Rules of the Air) (Amendment) (Jersey) Regulations 201-. P.136/2018. Lodged: 5th November 2018.

Minister for External Relations.

29th January 2019

Draft Revenue Administration (Jersey) Law 201-. P.122/2018. Lodged: 23rd October 2018.

Minister for Treasury and Resources.

THE STATES rose at 5.23 p.m.

L.-M. HART Deputy Greffier of the States