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States Minutes 9th October 2018

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THE STATES assembled on Tuesday 9th October 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 –

Deputy Jeremy Martin Maçon of St. Saviour – en défaut

Deputy Gregory Charles Umberto Guida of St. Lawrence – en défaut

 __________________

Prayers

 __________________

Centenary of Armistice Day – programme of events

The Bailiff informed members that a programme of the events to be held to mark the centenary of Armistice Day would be circulated for members' attention.

Subordinate enactments tabled

The following enactments were tabled, namely –

Capacity and Self-Determination (Miscellaneous Provisions and Prescribed Fees and  R&O.97/2018. Forms) (Jersey) Order 2018.

Minister for Health and Social Services.

Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018.  R&O.98/2018. Minister for Health and Social Services.

Mental Health and Capacity (Review Tribunal) (Procedure) (Jersey) Order 2018.  R&O.99/2018. Minister for Health and Social Services.

Sea Fisheries (Bag Limits) (Amendment No. 3) (Jersey) Order 2018.  R&O.100/2018. Minister for the Environment.

Motor Traffic (Cabs – Fares and Charges) (Amendment) (Jersey) Order 2018.  R&O.101/2018. Minister for Infrastructure.

Documents presented

States of Jersey Complaints Board: findings – complaint by Mr. I. Barette against the  R.111/2018. Minister for the Environment, regarding the processing of the planning applications  Res. relating to the property known as Broughton Lodge Farm, St. Mary (R.111/2018) –

response of the Minister for the Environment.

Presented: 8th October 2018.

Minister for the Environment.

Jersey Competition Regulatory Authority: appointment of Non-Executive Director.  R.128/2018. Presented: 26th September 2018.

Chief Minister.

States of Jersey Law 2005: delegation of functions – Minister for Children and  R.129/2018. Housing – housing-related legislation – October 2018.

Presented: 4th October 2018.

Minister for Children and Housing.

Common Strategic Policy 2018–22: Draft Indicative Programme for Government Plan  R.130/2018. 2020–23.

Presented: 9th October 2018.

Council of Ministers.

Residential Property Transactions (S.R.2/2018): response of the Chief Minister.  S.R.2/2018. Presented: 27th September 2018.  Res. Chief Minister.

Notification of lodged propositions

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

Lodged: 26th September 2018.

Minister for Infrastructure.

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

Council of Ministers.

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.

Medicinal Cannabis: right to prescribe by medical professionals.  P.113/2018. Lodged: 9th October 2018.

Deputy M. Tadier of St. Brelade .

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

Minister for Treasury and Resources.

Written Questions

(see Official Report/Hansard)

WQ.157/2018  1.  The Chairman of the States Employment Board tabled an answer to a question asked by

Deputy M.R. Le Hegarat of St. Helier regarding the One Gov' modernisation of the States of Jersey.

WQ.173/2018  2.  The Minister for the Environment tabled an answer to a question asked by Deputy J.M. Maçon

of St. Saviour regarding the response to the Asian hornet threat to Jersey.

WQ.174/2018  3.  The Minister for Education tabled an answer to a question asked by the Deputy of St. Peter

regarding the education of visually-impaired children.

WQ.175/2018  4.  The Assistant Minister for Education tabled an answer to a question asked by Deputy

R.J. Ward of St. Helier regarding the funding of Higher Education students at University College Jersey.

WQ.176/2018  5.  The Minister for Treasury and Resources tabled an answer to a question asked by Deputy

R.J. Ward of St. Helier regarding pay offers to the controlling executives of States-owned bodies.

WQ.177/2018  6.  The Minister for Economic Development, Tourism, Sport and Culture tabled an answer to a

question asked by Deputy R.J. Ward of St. Helier regarding the return to States funds arising from the triathlon series brought to Jersey.

WQ.178/2018  7.  The Minister for Economic Development, Tourism, Sport and Culture tabled an answer to a

question asked by Deputy R.J. Ward of St. Helier regarding busking licences.

WQ.179/2018  8.  The Chairman of the Comité des Connétable s tabled an answer to a question asked by Senator

S.Y. Mézec regarding a workshop held in respect of recruitment to the Honorary Police. WQ.181/2018  9.  The Minister for Education tabled an answer to a question asked by Deputy G.P. Southern of

St. Helier regarding departmental funding of fee-paying schools.

WQ.182/2018  10. The Minister for Health and Social Services tabled an answer to a question asked by Deputy

G.P. Southern of St. Helier regarding recruitment within mental health services.

WQ.183/2018  11. The Minister for Children and Housing tabled an answer to a question asked by Deputy

G.P. Southern of St. Helier regarding a review of the policy underpinning the sale of social rented homes.

WQ.184/2018  12. The Chairman of the States Employment Board tabled an answer to a question asked by

Deputy C.S. Alves of St. Helier regarding the subsidising of rents for essential employees. WQ.185/2018  13. The Minister for Infrastructure tabled an answer to a question asked by Deputy C.S. Alves of

St. Helier regarding the lease agreements for States-owned properties on the Waterfront. WQ.186/2018  14. The Minister for Education tabled an answer to a question asked by Deputy C.S. Alves of

St. Helier regarding the provisions for students diagnosed with Autism.

WQ.187/2018  15. The Minister for Education tabled an answer to a question asked by Deputy C.S. Alves of

St. Helier regarding the support for students who were home-schooled.

WQ.188/2018  16. H.M. Attorney General for tabled an answer to a question asked by Senator S.C. Ferguson

regarding the constitutionality of the Bailiff ceasing to be President of the States.

WQ.189/2018  17. The Chairman of the States Employment Board tabled an answer to a question asked by

Deputy M.R. Le Hegarat of St. Helier regarding the recruitment of Director Generals. WQ.190/2018  18. The Minister for the Environment tabled an answer to a question asked by Deputy M. Tadier

of St. Brelade regarding air quality in the Tunnel.

WQ.191/2018  19. The Minister for Education tabled an answer to a question asked by Deputy M. Tadier of

St. Brelade regarding students taking GCSEs or A-Levels in modern foreign languages. WQ.192/2018  20. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy

G.P. Southern of St. Helier regarding parking permits on Andium Homes sites.

WQ.193/2018  21. The Chief Minister tabled an answer to a question asked by Deputy M. Tadier of St. Brelade

regarding access to, and education in, French in the Island.

WQ.194/2018  22. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier

regarding the value for money of expenditure on communications.

WQ.195/2018  23. The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier

regarding the survey of health staff in respect of the new hospital development.

WQ.196/2018  24. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer to a

question asked by Deputy M.R. Higgins of St. Helier regarding grants and loans provided to arable farmers.

WQ.197/2018  25. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer to a

question asked by Deputy M.R. Higgins of St. Helier regarding grants and loans provided to dairy farmers.

WQ.198/2018  26. The Minister for Economic Development, Tourism, Sport and Culture tabled an answer to a

question asked by Deputy M.R. Higgins of St. Helier regarding grants and loans to Woodside Farms.

Oral Questions

(see Official Report/Hansard)

OQ.152/2018  1.   Deputy M.R. Higgins of St. Helier asked a question of the Minister for Children and Housing

regarding a meeting with the lawyer representing children who had been sent to Les Chênes children's home.

OQ.138/2018  2.   Deputy S.M. Ahier of St. Helier asked a question of the Minister for Health and Social Services

regarding the death of an elderly man at the Jersey General Hospital.

OQ.136/2018  3.   Deputy L.M.C. Doublet of St. Saviour asked a question of the Minister for Health and Social

Services regarding the decision not to fund a lead midwife with responsibility for breastfeeding. OQ.148/2018  4.  The Connétable of St. Helier asked a question of the Minister for Infrastructure regarding

strategies to encourage travel by bicycle or on foot.

OQ.137/2018  5.   Deputy R. Labey of St. Helier asked a question of the Chief Minister regarding the

implementation of the People's Directory.

OQ.142/2018  6.  The Deputy of St. John asked a question of the Chief Minister regarding the availability of

parking, and the ease of accessibility at the La Motte Street location for a single access point to front-of-house services.

OQ.135/2018  7.  The Connétable of St. Ouen asked a question of the Chairman of the Privileges and Procedures

Committee regarding the working party established to examine the Bailiff 's role.

OQ.134/2018  8.  Senator K.L. Moore asked a question of the Minister for Infrastructure regarding facilities for

breastfeeding mothers in States-owned buildings.

OQ.143/2018  9.   Deputy R.J. Ward of St. Helier asked a question of the Minister for Education regarding fees

for Higher Education courses at Highlands College.

OQ.150/2018  10. Deputy G.P. Southern of St. Helier asked a question of the Minister for Economic

Development, Tourism, Sport and Culture regarding the recent real-term decrease in Gross Domestic Product (G.D.P.) per head of population.

OQ.140/2018  11. Deputy K.G. Pamplin of St. Saviour asked a question of the Chief Minister regarding the

registration of charities by the Charity Commissioner.

OQ.146/2018  12. Deputy M. Tadier of St. Brelade asked a question of the Minster for Infrastructure regarding

health hazards at Fort Regent.

OQ.144/2018  13. Deputy R.J. Ward of St. Helier asked a question of the Minister for Treasury and Resources

regarding the funding available for restructuring of the public sector.

OQ.141/2018  14. Deputy K.G. Pamplin of St. Saviour asked a question of the Minister for Health and Social

Services regarding governance arrangements for health and social care.

OQ.153/2018  15. Deputy M.R. Higgins of St. Helier asked a question of the Minister for Treasury and Resources

regarding the application of the Goods and Services Tax (G.S.T.) to goods imported into the Island.

OQ.151/2018  16. Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding measures

to improve productivity.

OQ.147/2018  17. Deputy M. Tadier of St. Brelade asked a question of the Minister for Education regarding acts

of worship in schools.

OQ.149/2018  18. The Connétable of St. Helier asked a question of the Minister for Home Affairs regarding the

level of public safety in Jersey.

OQ.139/2018  19. Deputy S.M. Ahier of St. Helier asked a question of the Minister for Health and Social Services

regarding recycling at the Hospital.

OQ.145/2018  20. Deputy L.M.C. Doublet of St. Saviour asked a question of the Chief Minister regarding civil

partnerships for mixed-sex couples.

Oral Questions without notice (see Official Report/Hansard)

The Minister for Children and Housing answered questions without notice from members. The Chief Minister answered questions without notice from members.

Ratification of the Agreement between the Government of Jersey and the Government 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 P.97/2018

THE STATES, adopting a proposition of the Minister for External Relations, ratified the Agreement between the Government of Jersey and the Government 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, as set out in Appendix 1 to the report of the Minister for External Relations dated 24th July 2018.

Members present voted as follows –

POUR: 46 CONTRE: 0 ABSTAIN: 0

Senator I.J. Gorst

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 Trinity 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 M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Martin 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 L.B. Ash (C) Deputy K.F. Morel (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)

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) –

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.

Medicinal Cannabis: right to prescribe by medical professionals.  P.113/2018. Lodged: 9th October 2018.

Deputy M. Tadier of St. Brelade .

20th November 2018

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

Lodged: 26th September 2018.

Minister for Infrastructure.

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

Council of Ministers.

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.

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 .

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

Minister for Treasury and Resources.

THE STATES rose at 12.25 p.m.

DR. M. EGAN Greffier of the States