States Minutes 12th February 2019

THE STATES assembled on Tuesday 12th February 2019, 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.

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

Connétable Christopher Hugh Taylor of St. John – en défaut (défaut raised 9.49 a.m.) Connétable Philip Bond Le Sueur of Trinity – en défaut

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Prayers

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Filming in the Chamber

The Bailiff advised the Assembly that the beginning of its proceedings would be filmed for a production by Digital Jersey.

Subordinate enactments tabled

The following enactments were tabled, namely –

Immigration (Fees) (Amendment No. 3) (Jersey) Order 2019.  R&O.8/2019. Minister for Home Affairs.

Documents presented

Jèrriais: promotion by the Public Sector (P.143/2018) – amendment  P.143/2018. (P.143/2018 Amd.) – comments.  Amd.Com. Presented: 8th February 2019.

Privileges and Procedures Committee.

Future Hospital: rescindment of Gloucester Street as preferred site (P.5/2019) –  P.5/2019. comments.  Com. Presented: 12th February 2019.

Minister for Treasury and Resources.

Future Hospital: rescindment of Gloucester Street as preferred site (P.5/2019) –  P.5/2019. comments.  Com.(2) Presented: 12th February 2019.

Chief Minister.

States of Jersey Complaints Board: findings – complaint by Mr. B. Huda against the  R.148/2018. Minister for Health and Social Services regarding an unresolved complaint and  Res. allegations of racism (R.148/2018) – response of the Minister for Health and Social

Services.

Presented: 12th February 2019.

Minister for Health and Social Services.

Common Strategic Policy 2018–22.  R.11/2019. Presented: 4th February 2019.

Chief Minister.

Jersey Competition Regulatory Authority: re-appointment of a Non-Executive  R.12/2019. Director.

Presented: 6th February 2019.

Chief Minister.

Fiscal Policy Panel Annual Report: response of the Minister for Treasury and  R.13/2019. Resources.

Presented: 7th February 2019.

Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – Minister for the Environment –  R.14/2019. revised delegations February 2019.

Presented: 12th February 2019.

Minister for the Environment.

Future Hospital Report.  S.R.2/2019. Presented: 8th February 2019.

Chairmen's Committee.

Review of Estate Management.  P.A.C.1/2019. Presented: 5th February 2019.

Public Accounts Committee.

Notification of lodged propositions

Draft Revenue Administration (Jersey) Law 201- (P.122/2018): amendment.  P.122/2018. Lodged: 12th February 2019.  Amd. Corporate Services Scrutiny Panel.

Jèrriais: promotion by the Public Sector (P.143/2018) – second amendment.  P.143/2018. Lodged: 5th February 2019.  Amd.(2). Deputy J.M. Maçon of St. Saviour .

Draft Amendment (No. 38) of the Standing Orders of the States of Jersey (P.1/2019):  P.1/2019. amendment.  Amd. Lodged: 5th February 2019.

Deputy K.F. Morel of St. Lawrence .

Future Hospital: rescindment of Gloucester Street as preferred site (P.5/2019) –  P.5/2019. amendment.  Amd. Lodged: 5th February 2019.

Connétable of St. Helier .

Future Hospital: rescindment of Gloucester Street as preferred site (P.5/2019) – second  P.5/2019. amendment.  Amd.(2). Lodged: 5th February 2019.

Deputy K.F. Morel of St. Lawrence .

Future Hospital: rescindment of Gloucester Street as preferred site (P.5/2019) – third  P.5/2019. amendment.  Amd.(3). Lodged: 5th February 2019.

Minister for Treasury and Resources.

Future Hospital: rescindment of Gloucester Street as preferred site (P.5/2019) – third  P.5/2019. amendment (P.5/2019 Amd.(3)) – amendment.  Amd.(3). Lodged: 6th February 2019.  Amd. Connétable of St. Helier .

Future Hospital: rescindment of Gloucester Street as preferred site (P.5/2019) – third  P.5/2019. amendment (P.5/2019 Amd.(3)) – second amendment.  Amd.(3). Lodged: 7th February 2019.  Amd.(2). Deputy K.F. Morel of St. Lawrence .

Future Hospital: rescindment of Gloucester Street as preferred site (P.5/2019) – third  P.5/2019. amendment (P.5/2019 Amd.(3)) – second amendment (P.5/2019 Amd.(3)Amd.(2)) –  Amd.(3). amendment.  Amd.(2). Lodged: 8th February 2019.  Amd. Council of Ministers.

Island Plan (revised) 2011: site to be rezoned for Category A housing – Field 632 and  P.13/2019. part of Field 559, La Route du Manoir, St. Peter .

Lodged: 8th February 2019.

Connétable of St. Peter .

Draft European Union (Wines, Spirits, Milk and Dairies – Savings) (Jersey)  P.14/2019. Regulations 201-.

Lodged: 11th February 2019.

Minister for External Relations.

Draft European Union (United Kingdom Exit – Alternative Investment Funds) (Jersey)  P.15/2019. Regulations 201-.

Lodged: 11th February 2019.

Minister for External Relations.

Draft Restriction on Smoking (Warning Notices) (Amendment for UK Exit from EU)  P.16/2019. (Jersey) Regulations 201-.  (re-issue) Lodged: 11th February 2019.

Minister for Health and Social Services.

Draft Employment (Amendment No. 11) (Jersey) Law 201-.  P.17/2019. Lodged: 12th February 2019.

Minister for Social Security.

Draft Commissioner for Children and Young People (Jersey) Law 201-.  P.18/2019. Lodged: 12th February 2019.

Minister for Children and Housing.

Written Questions

(see Official Report/Hansard)

WQ.68/2019  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 the regulation of the estate agency industry.

WQ.69/2019  2.  The President of the Chairmen's Committee tabled an answer to a question asked by Deputy

J.M. Maçon of St. Saviour regarding the purpose of Scrutiny public hearings.

WQ.70/2019  3.  The Minister for Home Affairs tabled an answer to a question asked by the Connétable of

St. Lawrence regarding the number of employees in his department.

WQ.71/2019  4.  The Minister for Health and Social Services tabled an answer to a question asked by the

Connétable of St. Lawrence regarding the number of employees working for the Ambulance Service.

WQ.73/2019  5.  The Minister for Economic Development, Tourism, Sport and Culture tabled an answer to a

question asked by the Deputy of St. Peter regarding the regulation of Airbnb accommodation. WQ.74/2019  6.  The Minister for Treasury and Resources tabled an answer to a question asked by the Deputy

of St. Peter regarding the cost of the Ville du Manoir housing project in St. Peter .

WQ.75/2019  7.  The Minister for Health and Social Services tabled an answer to a question asked by Deputy

R. Labey of St. Helier regarding the delivery of Health and Social Services: A New Way Forward' (P.82/2012).

WQ.76/2019  8.  The Minister for Treasury and Resources tabled an answer to a question asked by Deputy

G.P. Southern of   St. Helier  regarding the comparative  tax  paid by employees  and self- employed people.

WQ.77/2019  9.  The Chairman of the Privileges and Procedures Committee tabled an answer to a question

asked by Deputy M. Tadier of St. Brelade regarding the expenditure limits set in the Public Elections (Expenditure and Donations) (Jersey) Law 2014.

WQ.78/2019  10. The Chairman of the Privileges and Procedures Committee tabled an answer to a question

asked by Senator S.Y. Mézec regarding the role of conventions in the procedures of the States Assembly.

WQ.79/2019  11. The Minister for Social Security tabled an answer to a question asked by Deputy R.J. Ward of St. Helier regarding the expenditure on housing benefit in 2017 and 2018.

WQ.80/2019  12. The Minister for the Environment tabled an answer to a question asked by Deputy R.J. Ward

of St. Helier regarding the Island's targets for CO2 emissions.

WQ.81/2019  13. 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 monitoring of car-park use at sports facilities.

WQ.82/2019  14. The Minister for Health and Social Services tabled an answer to a question asked by Senator

S.C. Ferguson regarding the prescription of medicinal cannabis products.

WQ.83/2019  15. The Minister for Health and Social Services tabled an answer to a question asked by Senator

S.C. Ferguson regarding the accommodation occupied by health staff.

WQ.84/2019  16. H.M. Attorney General tabled an answer to a question asked by Deputy K.G. Pamplin of

St. Saviour regarding the legal provisions relating to the assessment of public interest in determining planning applications.

WQ.85/2019  17. The Minister for the Environment tabled an answer to a question asked by Deputy

K.G. Pamplin of St. Saviour regarding a timeline of the planning applications for the Future Hospital.

WQ.86/2019  18. The Minister for Infrastructure tabled an answer to a question asked by Deputy K.G. Pamplin

of St. Saviour regarding empty or partially-used properties owned by the States of Jersey. WQ.87/2019  19. The Minister for Health and Social Services tabled an answer to a question asked by Deputy

K.G. Pamplin of   St. Saviour  regarding maintenance and  building works  required at the

General Hospital in the next 10 years.

WQ.88/2019  20. The Minister for External Relations tabled an answer to a question asked by Deputy

K.G. Pamplin of St. Saviour regarding the Appointed Day Act for Article 20 of the Dormant Bank Accounts (Jersey) Law 2017.

WQ.89/2019  21. The Minister for Children and Housing tabled an answer to a question asked by Deputy

M. Tadier of St. Brelade regarding legislation to prevent the discrimination by landlords against tenants with children.

WQ.90/2019  22. H.M. Attorney General tabled an answer to a question asked by Deputy M. Tadier of

St. Brelade regarding the Misuse of Drugs (Miscellaneous Amendments) (No. 7) (Jersey) Order 2018 (R&O.147/2018).

WQ.91/2019  23. The Chairman of the States Employment Board tabled an answer to a question asked by

Deputy G.P. Southern of St. Helier regarding the civil service grades allocated to Scrutiny officers.

WQ.92/2019  24. The Minister for Education tabled an answer to a question asked by Deputy M. Tadier of

St. Brelade regarding the number of school students studying a modern foreign language. WQ.93/2019  25. The Minister for Health and Social Services tabled an answer to a question asked by Deputy

M.R. Higgins of St. Helier regarding information on the number of patients in the Island

suffering from dementia.

WQ.94/2019  26. The Minister for Infrastructure tabled an answer to a question asked by Deputy M.R. Higgins

of St. Helier regarding a Pareto analysis' of the work undertaken in his portfolio.

WQ.95/2019  27. The Minister for the Environment tabled an answer to a question asked by Deputy

M.R. Higgins of St. Helier regarding a Pareto analysis' of the work undertaken in his portfolio.

WQ.96/2019  28. The Minister for Home Affairs tabled an answer to a question asked by Deputy M.R. Higgins

of St. Helier regarding a Pareto analysis' of the work undertaken in his portfolio.

WQ.97/2019  29. The Minister for Education tabled an answer to a question asked by Deputy M. Tadier of

St. Brelade regarding the place of modern foreign languages in the standard curriculum for the Island's schools.

WQ.98/2019  30. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of St. Helier

regarding the security of data kept by the Government on European Union nationals.

WQ.99/2019  31. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy

C.S. Alves of St. Helier regarding the efficiency plan to identify £30 million in savings. WQ.100/2019  32. The Minister for Home Affairs tabled an answer to a question asked by Deputy C.S. Alves of

St. Helier regarding the monitoring of police closed-circuit television surveillance cameras. WQ.101/2019  33. The Minister for Social Security tabled an answer to a question asked by Deputy C.S. Alves

of St. Helier regarding the prospective use of agency workers to administer Income Support. WQ.102/2019  34. The Minister for Infrastructure tabled an answer to a question asked by Deputy G.P. Southern

of St. Helier regarding the risk of the presence of asbestos in States buildings.

WQ.103/2019  35. The President of the Chairmen's Committee tabled an answer to a question asked by Deputy

G.P. Southern of St. Helier regarding the impact of the Government's Target Operating Model on the Scrutiny function.

Oral Questions

(see Official Report/Hansard)

OQ.41/2019  1.   Deputy R.J. Ward of St. Helier asked a question of the Minister for Social Security regarding

the system of repayment in instances where overpayments of Social Security were made as a result of miscalculation or error.

OQ.32/2019  2.   Deputy J.M. Maçon of St. Saviour asked a question of the Minister for Children and Housing

regarding the development of the Children and Young People's Plan.

OQ.42/2019  3.   Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding his policy

position in respect of the ongoing dispute over public sector pay awards.

OQ.33/2019  4.   Deputy R. Labey of St. Helier asked a question of the Minister for Home Affairs regarding the

appointment of a new Chief Officer and Deputy Chief Officer of the States of Jersey Police. OQ.39/2019  5.  The Connétable of St. Helier asked a question of the Minister for the Environment regarding

the monitoring and reporting of air quality.

OQ.23/2019  6.   Deputy K.F. Morel of St. Lawrence asked a question of the Assistant Minister for Economic

Development, Tourism, Sport and Culture regarding the recommendations of the strategic review by BOP Consulting into Jersey's culture, arts and heritage.

OQ.34/2019  7.   Deputy L.B.E. Ash of St. Clement asked a question of the Chairman of the Education and Home

Affairs Scrutiny Panel regarding the prospect of a Scrutiny review into applications from students at States schools to Oxford or Cambridge Universities.

OQ.44/2019  8.   Deputy M.R. Higgins of St. Helier asked a question of the Vice-Chairman of the States

Employment Board regarding the advice provided by officers to the Board during the Alwitry case'.

OQ.37/2019  9.   Deputy K.G. Pamplin of St. Saviour asked a question of the Minister for the Environment

regarding a mechanism to address the requirements of the Island Plan that would allow a new hospital to be built on any prospective site.

OQ.38/2019  10. Deputy K.G. Pamplin of St. Saviour asked a question of the Minister for Infrastructure

regarding the laws and policies in place in relation to the covering of lorries transporting loose loads from building sites.

OQ.45/2019  11. Deputy M.R. Higgins of St. Helier asked a question of H.M. Solicitor General regarding the

number of cases lodged against the States of Jersey claiming damages.

OQ.40/2019  12. The Connétable of St. Helier asked a question of the Minister for Infrastructure regarding the

site vacated by the States of Jersey Police.

OQ.24/2019  13. Deputy K.F. Morel of St. Lawrence asked a question of the Minister for Treasury and

Resources regarding the funds which had been allocated to the cost of joining Liberation Square and Weighbridge Place for the Liberation 75' celebrations.

OQ.35/2019  14. Deputy L.B.E. Ash of St. Clement asked a question of the Minister for Health and Social

Services regarding problems with parking in close proximity to the Hospital.

Oral Questions without notice (see Official Report/Hansard)

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

Jèrriais: promotion by the Public Sector P.143/2018

THE STATES commenced consideration of a proposition of Deputy Jeremy Martin Maçon of St. Saviour entitled Jèrriais: promotion by the Public Sector' (P.143/2018) and, adopting an amendment of Deputy Jeremy Martin Maçon of St. Saviour (P.143/2018 Amd.(2)), agreed that –

In paragraph (a), the word "signage and" should be deleted and, for the words "should be in Jèrriais with an English translation beneath;" there should be substituted the words "should include Jèrriais as well as English, subject to paragraph (b);"; and

After paragraph (a), there should be inserted the following new paragraphs with the remaining paragraphs re-lettered accordingly –

"(b) that within 4 months, it will produce guidelines for how Jèrriais will be incorporated into all official signage and letter headings produced and used by the Public Sector in Jersey;

(c)  that the aforementioned guidelines should have the default position that Jèrriais is used, and will seek to incorporate Jèrriais as much as is reasonably possible;".

THE STATES resumed consideration of the proposition of Deputy Jeremy Martin Maçon of St. Saviour , as amended, and, adopting an amendment of Deputy Montfort Tadier of St. Brelade (P.143/2018 Amd.) agreed that, before the words "to request the Council of Ministers to agree", there should be inserted the following new paragraph –

"(1) that Jèrriais should be recognised as one of the official languages of the Assembly; and",

and that the opening words "to request the Council of Ministers to agree –" should be re-designated as paragraph (2) of the proposition.

Members present voted as follows –

POUR: 37 CONTRE: 8 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. Saviour Connétable of St. Brelade Connétable of St. Peter Connétable of St. Ouen Connétable of St. Martin Deputy J.A. Martin (H) Deputy of Grouville

Deputy M. Tadier (B) Deputy J.M. Maçon (S) 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 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)

Connétable of St. John Connétable of St. Mary Deputy G.P. Southern (H) Deputy K.C. Lewis (S) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy L.B.E. Ash (C)

THE STATES, adopting the proposition of Deputy Jeremy Martin Maçon of St. Saviour , as amended –

1. agreed that Jèrriais should be recognised as one of the official languages of the Assembly; and
2. requested the Council of Ministers to agree –

1. that all official and departmental letter-headings produced and used by the Public Sector in Jersey should include Jèrriais as well as English, subject to paragraph (b);
2. that within 4 months, it would produce guidelines for how Jèrriais would be incorporated into all official signage and letter headings produced and used by the Public Sector in Jersey;
3. that the aforementioned guidelines should have the default position that Jèrriais was used, and would seek to incorporate Jèrriais as much as was reasonably possible;

4. that, in so far as was reasonably practicable, this policy should also extend to the courts and those bodies wholly or partly owned by the States or in receipt of States funding, with implementation plans to be included in their next annual reports;
5. that the implementation of the aforementioned should be as and when materials were renewed, replaced or rebranded;
6. that L'Office du Jèrriais should be consulted for any translation service as an official authoritative body; and
7. that the practicalities of implementing the above policy for publications, websites and social media should be explored and a report presented by the Council of Ministers to the Assembly within 12 months of the proposition being approved.

Members present voted as follows –

POUR: 39 CONTRE: 6 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.Y. Mézec Connétable of St. Helier Connétable of St. Clement Connétable of St. Saviour Connétable of St. Brelade Connétable of St. John Connétable of St. Peter 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. Ouen

Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) 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 C.S. Alves (H) Deputy K.G. Pamplin (S)

Senator S.W. Pallett Connétable of St. Mary Deputy G.P. Southern (H) Deputy M.R. Higgins (H) Deputy of St. Martin Deputy of St. Mary

Amendments to Future Hospital: rescindment of Gloucester Street as preferred site' (P.5/2019) – Ruling by the Bailiff

The Bailiff advised the Assembly of the following ruling which he had made in respect of the amendments lodged to the proposition of Deputy Russell Labey of St. Helier entitled Future Hospital: rescindment of Gloucester Street as preferred site' (P.5/2019), and the order in which they would be taken during the debate –

"We originally had two amendments to Deputy Labey 's proposition, from the Connétable of St. Helier (P.5/2019 Amd.) and Deputy Kirsten Francis Morel of St. Lawrence (P.5/2019 Amd.(2)), both of which were straightforward to deal with.

However, the Third Amendment, lodged by the Minister for Treasury and Resources (P.5/2019 Amd.(3)), restructures the proposition into paragraphs. This means that the original amendments from the Connétable of St. Helier and Deputy Morel fall if the Third Amendment is adopted.

Both members lodged the text of their original amendments as amendments to the Third Amendment (P.5/2019 Amd.(3)Amd. and P.5/2019 Amd.(3)Amd.(2)). However, it is possible that their amendments could be adopted, but the whole of the Third Amendment could be rejected, leaving us just with Deputy Labey 's main proposition to debate and vote on.

In those circumstances, Standing Order 20(3), which prevents a proposition from being debated within 3 months of a debate and vote on the same proposition or a proposition on substantially the same terms, would prevent the original amendments from the Connétable of St. Helier and Deputy Morel being debated. This is clearly a perverse and unintended outcome of the Standing Order, which could frustrate the will of the Assembly on these matters.

In my view, this is a situation which is not provided for in Standing Orders, and Standing Order 167 enables me to decide on the procedure which ought to be followed.

My proposal is that the Assembly should proceed in this way –

• Deputy Labey should move his proposition, as usual.
• I will then invite the Minister for Treasury and Resources to move the Third Amendment.
• If it is adopted, we will then move on to the amendment lodged by the Connétable of St. Helier . Once that has been debated and voted on, we will deal with the amendment lodged by Deputy Morel (including the amendment to the amendment lodged by the Council of Ministers).
• If the Third Amendment is rejected, we will debate the amendment to the original proposition lodged by the Connétable of St. Helier , followed by the amendment to the original proposition lodged by Deputy Morel .

Once all of these amendments have been dealt with, there will then be a debate and vote on the main proposition, either in its original form or as amended.".

Draft European Union (United Kingdom Exit – Miscellaneous Amendments) (Jersey) Regulations 201- P.148/2018

THE STATES commenced consideration of the Draft European Union (United Kingdom Exit – Miscellaneous Amendments) (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 7.

Members present voted as follows –

POUR: 43 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. Saviour Connétable of St. Brelade 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 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 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 C.S. Alves (H) Deputy K.G. Pamplin (S)

THE STATES, in pursuance of Article 5A of the European Union Legislation (Implementation) (Jersey) Law 2014, made Regulations entitled the European Union (United Kingdom Exit – Miscellaneous Amendments) (Jersey) Regulations 2019.

Draft Amendment (No. 38) of the Standing Orders of the States of Jersey P.1/2019

THE STATES, commencing consideration of a proposition of the Privileges and Procedures Committee concerning amendments to the Standing Orders of the States of Jersey, rejected an amendment of Deputy Kirsten Francis Morel of St. Lawrence that, for Amendment 1, there should be substituted the following Amendment –

"1 Standing order 117 (Ministers: selection process) amended

In standing order 117 of the Standing Orders of the States of Jersey –

1. paragraph (2D) is deleted;
2. in paragraph (17A) for the words "paragraph (5)" there is substituted "this standing order".".

Members present voted as follows –

POUR: 21 CONTRE: 24 ABSTAIN: 0

Senator K.L. Moore

Senator S.W. Pallett Connétable of St. Saviour Connétable of St. Brelade 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 of St. Martin Deputy L.M.C. Doublet (S) Deputy S.M. Wickenden (H) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) 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)

Senator I.J. Gorst

Senator L.J. Farnham Senator S.C. Ferguson Senator J.A.N. Le Fondré Senator T.A. Vallois Senator S.Y. Mézec Connétable of St. Clement Connétable of St. Lawrence Connétable of St. John Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Deputy K.C. Lewis (S) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Ouen

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 of St. Peter

Deputy of Trinity

Deputy of St. John

THE STATES, in pursuance of Article 48 of the States of Jersey Law 2005, made Amendment (No. 38) of the Standing Orders of the States of Jersey.

Jersey Employment and Discrimination Tribunal: appointment of members P.2/2019

THE STATES, adopting a proposition of the Minister for Social Security entitled Jersey Employment and Discrimination Tribunal: appointment of members' (P.2/2019), appointed, in accordance with the Employment and Discrimination Tribunal (Jersey) Regulations 2014, the following persons as members of the Jersey Employment and Discrimination Tribunal, each for a period of 5 years, to begin on 1st March 2019 –

Miss Jennifer Bridge

Mr. Michael de la Haye, O.B.E. Mr. Simon Nash

Miss Roisin Pitman

Advocate Fraser Robertson Mrs. Hannah Westmacott.

Credit-related checks P.3/2019

THE STATES commenced consideration of a proposition of Deputy Jeremy Martin Maçon of St. Saviour entitled Credit-related checks (P.3/2019) and, adopting parts (a) and (b) of the proposition –

1. requested that any Minister(s) seeking to introduce consumer lending-related legislation would undertake to consult with lenders in the first instance, whether and how account rental payment history and Parish rates payment history was taken into account when assessing a borrower's creditworthiness for a mortgage;
2. agreed that any consultation would also include consideration of the appropriate use of the aforementioned data in creditworthiness assessments for other types of lending to consumers; and

Members present voted as follows –

POUR: 45 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 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 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) Deputy R.J. Ward (H) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S)

THE STATES acceded to a request by Deputy Jeremy Martin Maçon of St. Saviour , in accordance with Standing Order 69(4), that paragraph (c) of his proposition be withdrawn.

Arrangement of public business for the present meeting

THE STATES, adopting a proposition of the Chairman of the Privileges and Procedures Committee, agreed that it would adjourn subsequent to consideration of the proposition of the Chairmen's Committee entitled Draft Amendment (No. 39) of the Standing Orders of the States of Jersey' (P.4/2019).

Draft Amendment (No. 39) of the Standing Orders of the States of Jersey P.4/2019

THE STATES, in pursuance of Article 48 of the States of Jersey Law 2005, made Amendment (No. 39) of the Standing Orders of the States of Jersey.

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 Senator S.Y. Mézec Connétable of St. Clement Connétable of St. Lawrence Connétable of St. Saviour Connétable of St. Brelade 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 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) Deputy R.J. Ward (H) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S)

Adjournment

THE STATES adjourned, having agreed to reconvene on Wednesday 13th February 2019 to consider the proposition of Deputy Russell Labey of St. Helier entitled Future Hospital: rescindment of Gloucester Street as preferred site' (P.5/2019) and accompanying amendments.

THE STATES rose at 4.55 p.m.

DR. M. EGAN Greffier of the States