States Minutes 13th February 2019

THE STATES assembled on Wednesday

13th February 2019, at 09.30 a.m.

under the Presidency of

Mrs. Lisa-Marie Hart , Deputy Greffier of the States.  __________________

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

Senator Sarah Craig Ferguson – en défaut (défaut raised at 9.39 a.m.)

Senator Stephen William Pallett – en défaut (défaut raised at 10.05 a.m.)

Connétable John Edward Le Maistre of Grouville – excused attendance

Connétable Philip Bond Le Sueur of Trinity – en défaut

Deputy Jeremy Martin Maçon of St. Saviour – en défaut (défaut raised at 10.04 a.m.)

 __________________

Prayers

 __________________

Filming in the Chamber

The Presiding Officer advised the Assembly that the beginning of its proceedings would be filmed for a production by the Commonwealth Parliamentary Association (Jersey Branch).

Future Hospital: rescindment of Gloucester Street as preferred site P.5/2019

THE STATES commenced consideration of a proposition of Deputy Russell Labey of St. Helier entitled Future  Hospital:  rescindment  of  Gloucester  Street  as  preferred  site'  (P.5/2019)  and,  adopting  an amendment of the Minister for Treasury and Resources (P.5/2019 Amd.(3)) agreed that, before the words "to refer" there should be inserted the paragraph designator "(a)"; that the words "refer to" should be replaced with the word "rescind"; that the words "the site location for" should be replaced with the words "the use of the present Jersey General Hospital and certain extensions thereto as the site of"; and that, for all the words from the first occurrence of the words "General Hospital" until the end of the proposition, there should be substituted the following words –

";

2. subject to paragraph (c) below, to rescind paragraphs (a), (c), (d)(i), d(ii), (f), (g) and (h) of their Act of 13th December 2017 (P.107/2017) on the financing of the Preferred Scheme; and
3. to note, for the avoidance of doubt, that there may still be incurred pursuant to P.107/2017 such expense as is necessary or expedient for the purposes of winding up work undertaken to date under the Preferred Scheme.".

THE STATES resumed consideration of the proposition of Deputy Russell Labey of   St. Helier , as amended, and, adopting an amendment of the Connétable of St. Helier (P.5/2019 Amd.(3)Amd.) to the amendment of the Minister for Treasury and Resources (P.5/2019 Amd.(3)), taken subsequently in line with the ruling of the Bailiff on 12th February 2019, agreed that, in the inserted paragraph (b), after the words "Preferred Scheme" there should be inserted the following words –

";

(ba)  to agree that the new General Hospital shall not be located at People's Park, Lower Park,

Victoria Park, Westmount Gardens or Parade Gardens, in St. Helier ".

Members present voted as follows –

POUR: 24  CONTRE: 22  ABSTAIN: 0

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. Brelade Connétable of St. Ouen Connétable of St. Martin Deputy G.P. Southern (H) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy of St. Martin Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy J.H. Young (B) Deputy K.F. Morel (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)

Senator I.J. Gorst

Senator L.J. Farnham Senator S.C. Ferguson Senator J.A.N. Le Fondré Senator T.A. Vallois Connétable of St. Clement Connétable of St. John Connétable of St. Peter Connétable of St. Mary Deputy J.A. Martin (H) Deputy of Grouville Deputy K.C. Lewis (S) Deputy S.J. Pinel (C) Deputy of St. Ouen Deputy L.M.C. Doublet (S) Deputy G.J. Truscott (B) Deputy L.B. Ash (C) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy K.G. Pamplin (S)

THE  STATES,  commencing  consideration  of  an  amendment  of   Deputy  Kirsten  Francis   Morel  of St. Lawrence (P.5/2019 Amd.(3)Amd.(2)) to the amendment of the Minister for Treasury and Resources (P.5/2019 Amd.(3)), taken subsequently in line with the ruling of the Bailiff on 12th February 2019, adopted an amendment of the Council of Ministers (P.5/2019 Amd.(3)Amd.(2)Amd.) to the amendment of Deputy Kirsten Francis Morel of St. Lawrence and agreed that for the word "results" there should be substituted the word "conclusions".

THE  STATES,  adopting  the  amendment  of   Deputy  Kirsten  Francis   Morel  of   St. Lawrence  to  the amendment  of  the  Minister  for  Treasury  and  Resources,  as  amended,  agreed  that,  in  the  inserted paragraph (b), after the words "Preferred Scheme" there should be inserted the following words –

";

(bb)  to agree that the conclusions of any site selection process undertaken to date should be set

aside and to request the Council of Ministers to implement a new, open and transparent process of site selection for the new Jersey General Hospital in order that the most suitable site location may be identified".

Members present voted as follows –

POUR: 36  CONTRE: 5  ABSTAIN: 0

Senator I.J. Gorst  Senator K.L. Moore Senator S.C. Ferguson   Deputy G.P. Southern (H) Senator J.A.N. Le Fondré   Deputy of Grouville Senator T.A. Vallois   Deputy S.J. Pinel (C) Senator S.W. Pallett   Deputy L.B. Ash (C)

Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Clement Connétable of St. Lawrence Connétable of St. Brelade Connétable of St. John Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Deputy J.A. Martin (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 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 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 resumed consideration of the proposition of Deputy Russell Labey of St. Helier , as amended, and, adopting the proposition –

1. rescinded their Act dated 1st December 2016, which approved in principle the use of the present Jersey General Hospital and certain extensions thereto as the site of the new Jersey General Hospital;
2. subject to paragraph (c) below, rescinded paragraphs (a), (c), (d)(i), (d)(ii), (f), (g) and (h) of their Act of 13th December 2017 (P.107/2017) on the financing of the Preferred Scheme;

(ba) agreed that the new General Hospital should not be located at People's Park, Lower Park,

Victoria Park, Westmount Gardens or Parade Gardens, in St. Helier ;

(bb) agreed that the conclusions of any site selection process undertaken to date should be set aside

and to request the Council of Ministers to implement a new, open and transparent process of site selection for the new Jersey General Hospital in order that the most suitable site location might be identified; and

3. noted, for the avoidance of doubt, that there might still be incurred pursuant to P.107/2017 such expense as was necessary or expedient for the purposes of winding up work undertaken to date under the Preferred Scheme.

Members present voted as follows –

POUR: 39 CONTRE: 7 ABSTAIN: 0

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. Helier Connétable of St. Lawrence Connétable of St. Saviour 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. 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 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 I.J. Gorst

Senator K.L. Moore Senator S.W. Pallett Connétable of St. Clement Connétable of St. Brelade Deputy of St. Martin Deputy K.F. Morel (L)

THE STATES noted that, in accordance with the provisions of Standing Order 106(1)(b), Senator Kristina Louise Moore declared an interest, but remained in the Chamber for the duration of the debate on the proposition of Deputy Russell Labey of St. Helier entitled Future Hospital: rescindment of Gloucester Street as preferred site' (P.5/2019).

THE STATES noted that, in accordance with the provisions of Standing Order 106(1)(c), the Connétable of St. Helier declared an interest, but remained in the Chamber for the duration of the debate on the proposition of Deputy Russell Labey of St. Helier .

Changes in Presidency

Mrs. Lisa-Marie Hart , Deputy Greffier of the States, retired from the Chair during consideration of the proposition of Deputy Russell Labey of St. Helier entitled Future Hospital: rescindment of Gloucester Street as preferred site' (P.5/2019) 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 the Deputy Bailiff . The Deputy Bailiff subsequently retired from the Chamber during consideration of the same proposition and the meeting continued under the Presidency of Dr. Mark Egan, Greffier of the States. The Deputy Bailiff returned to the Chamber during consideration of the same proposition and the meeting continued under his Presidency, until he subsequently retired from the Chamber a second time, at which point the meeting continued under the Presidency of Dr. Mark Egan, Greffier of the States.

Arrangement of public business for future meetings

THE STATES, having noted that the e-petition Rental price caps law to limit rental prices to reasonable rents' had attracted more than 5,000 signatures, resolved that it would consider the matter in-Committee at the meeting of the Assembly on 12th March 2019.

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) –

26th February 2019

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

Minister for Treasury and Resources.

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

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

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

Public Elections (Expenditure and Donations) (Jersey) Law 2014: proposed  P.6/2019. amendments.

Lodged: 18th January 2019.

Deputy J.H. Young of St. Brelade .

Public Elections (Expenditure and Donations) (Jersey) Law 2014: proposed review.  P.7/2019. Lodged: 18th January 2019.

Deputy J.M. Maçon of St. Saviour .

Public Elections (Expenditure and Donations) (Jersey) Law 2014: proposed review  P.7/2019. (P.7/2019) – amendment.  Amd. Lodged: 22nd January 2019.

Deputy J.A. Martin of St. Helier .

12th March 2019

Draft European Union (United Kingdom Exit – Animal Health and Welfare) (Jersey)  P.9/2019. Regulations 201-.

Lodged: 28th January 2019.

Minister for the Environment.

Draft European Union (Amendment – Withdrawal Agreement) (Jersey) Regulations  P.10/2019. 201-.

Lodged: 28th January 2019.

Minister for External Relations.

Draft European Union (Financial Services – Miscellaneous Amendments) (Jersey)  P.11/2019. Regulations 201-.

Lodged: 28th January 2019.

Chief Minister.

Draft Immigration (Relevant Biometric Information) (Jersey) Regulations 201-. P.12/2019. Lodged: 29th January 2019.

Minister for Home Affairs.

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 .

Rental price caps law to limit rental prices to reasonable rents' (e-petition) (Consideration in-Committee)

26th March 2019

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.

THE STATES rose at 5.25 p.m.

A.C. GOODYEAR Acting Greffier of the States