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THE STATES assembled on Sunday 27th December 2020, at 10.30 a.m. under the Presidency of the Bailiff ,
Timothy John Le Cocq , Esquire.
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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 Alan Simon Crowcroft of St. Helier – excused attendance (joined at 11.52 a.m.) Connétable Sadie Anthea Le Sueur-Rennard of St. Saviour – excused attendance (joined at 4.43 p.m.) Connétable John Edward Le Maistre of Grouville – excused attendance
Deputy Geoffrey Peter Southern of St. Helier – excused attendance
Deputy Jessica Harriet Perchard of St. Saviour – excused attendance (joined at 10.45 a.m.)
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Prayers
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Standing Order 55A – meeting held remotely
THE STATES assembled remotely, in accordance with Standing Order 55A, as the Bailiff considered that it was not possible to convene or maintain a quorate meeting in view of a substantial risk to the health of both States Members and the public.
Documents presented
UK-EU Trade and Economic Cooperation Agreement – inclusion of the Bailiwick of P.170/2020. Jersey (P.170/2020): addendum. Add. Presented: 24th December 2020.
Council of Ministers.
Notification of lodged propositions
UK-EU Trade and Economic Cooperation Agreement – inclusion of the Bailiwick of P.170/2020. Jersey.
Lodged: 24th December 2020.
Council of Ministers.
UK-EU Trade and Economic Cooperation Agreement – inclusion of the Bailiwick of P.170/2020. Jersey (P.170/2020): amendment. Amd. Lodged: 27th December 2020.
Deputy K.F. Morel of St. Lawrence .
UK-EU Trade and Economic Cooperation Agreement – inclusion of the Bailiwick of P.170/2020. Jersey (P.170/2020): amendment (P.170/2020 Amd.) – amendment. Amd.Amd. Lodged: 27th December 2020.
Minister for External Relations.
Draft Sea Fisheries (Licensing of Fishing Boats) (Amendment No.8) (Jersey) P.171/2020. Regulations 202-.
Lodged: 24th December 2020.
Minister for the Environment.
Arrangement of public business for the present meeting
THE STATES, adopting the request of the Minister for External Relations 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 present meeting –
UK-EU Trade and Economic Cooperation Agreement – inclusion of the Bailiwick of Jersey (P.170/2020), lodged by the Council of Ministers;
UK-EU Trade and Economic Cooperation Agreement – inclusion of the Bailiwick of Jersey (P.170/2020): amendment (P.170/2020 Amd.), lodged by Deputy Kirsten Francis Morel of St. Lawrence ;
UK-EU Trade and Economic Cooperation Agreement – inclusion of the Bailiwick of Jersey (P.170/2020): amendment (P.170/2020 Amd.) – amendment, lodged by the Minister for External Relations; and
Draft Sea Fisheries (Licensing of Fishing Boats) (Amendment No.8) (Jersey) Regulations 202- (P.171/2020), lodged by the Minister for the Environment.
Statements on a matter of official responsibility (see Official Report/Hansard)
The Minister for External Relations made a statement regarding Jersey's involvement in the U.K.-E.U. Trade and Economic Cooperation Agreement.
Oral Questions without notice (see Official Report/Hansard)
A period of questions without notice was held, during which questions were permitted to any Minister on Jersey's involvement in the U.K.-E.U. Trade and Economic Cooperation Agreement.
A period of questions without notice was held, during which questions were permitted to any Minister on Covid-related matters.
THE STATES noted that, in accordance with the provisions of Standing Order 106(1)(c), the Connétable of St. Helier and Deputy Montfort Tadier of St. Brelade declared an interest which was not financial, and remained in the Chamber for the period of questions without notice to any Minister on Covid-related matters.
Arrangement of public business for the present meeting
THE STATES, adopting a proposition of the Chair of the Privileges and Procedures Committee, agreed that the Assembly would reconvene at 2.00 p.m. following the lunchtime adjournment.
Members present voted as follows –
POUR: 38 CONTRE: 8 ABSTAIN: 0
Senator S.C. Ferguson Senator J.A.N. Le Fondré Senator T.A. Vallois Senator S.W. Pallett
Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade 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 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 S.M. Ahier (H) Deputy R.J. Ward (H) Deputy K.G. Pamplin (S)
Senator I.J. Gorst
Senator L.J. Farnham Senator K.L. Moore Connétable of St. Clement Deputy M.R. Le Hegarat (H) Deputy J.H. Perchard (S) Deputy C.S. Alves (H) Deputy I. Gardiner (H)
UK-EU Trade and Economic Cooperation Agreement – inclusion of the Bailiwick of Jersey P.170/2020
THE STATES, commencing consideration of a proposition of the Council of Ministers entitled UK-EU Trade and Economic Cooperation Agreement – inclusion of the Bailiwick of Jersey' (P.170/2020), commenced consideration of an amendment of Deputy Kirsten Francis Morel of St. Lawrence (P.170/2020 Amd.) and, adopting an amendment of the Minister for External Relations (P.170/2020 Amd.Amd.), agreed that, in Part 1, in the proposed new paragraph (c) –
after the words "full consideration of the final legal text" there should be inserted the words "and having taken advice from the Law Officers' Department"; and
after the words "summary agreement and includes" the words "the legal text of the agreement and" should be deleted; and
in Part 2, after the words "UK-EU Trade and Economic Cooperation Agreement" there should be inserted the words "to take place if, having regard to the legal text and the scrutiny report referenced in (c), the Council of Ministers conclude that the 90-day termination clause should be effected".
Members present voted as follows –
POUR: 41 CONTRE: 4 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 Connétable of St. Helier Connétable of St. Clement Connétable of St. Brelade 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.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)
Senator S.Y. Mézec Deputy M. Tadier (B) Deputy R.J. Ward (H) Deputy C.S. Alves (H)
Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)
THE STATES, adopting the amendment of Deputy Kirsten Francis Morel of St. Lawrence , as amended, agreed that –
after paragraph (b), the following new paragraph should be inserted and the subsequent paragraphs re-designated accordingly –
"(c) to request the Brexit Review Panel and the Environment, Housing and Infrastructure Scrutiny
Panel, following full consideration of the final legal text and having taken advice from the Law Officers' Department, to present a report to the States Assembly, before the completion of the 90-day cooling off period', which gives the Panels' views on whether the final legal text reflects the terms of the summary agreement and includes any other information that, in the opinion of the Panels, should be brought to the attention of the Assembly, including their opinion as to whether or not the Panels believe it is in the best interests of the Island to subscribe to the relevant Terms of the UK-EU Trade and Economic Cooperation Agreement;" and
in paragraph (c), re-designated as paragraph (d), after the words "brought to the attention of the Assembly" there should be inserted the words "for a final debate on Jersey's agreement to be included in the UK-EU Trade and Economic Cooperation Agreement to take place if, having regard to the legal text and the scrutiny report referenced in (c), the Council of Ministers conclude that the 90-day termination clause should be effected".
Members present voted as follows –
POUR: 40 CONTRE: 4 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 Connétable of St. Helier Connétable of St. Clement Connétable of St. Lawrence Connétable of St. Brelade Connétable of St. John Connétable of Trinity 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.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)
Senator S.Y. Mézec Connétable of St. Mary Deputy R.J. Ward (H) Deputy C.S. Alves (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 St. John
Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy J.H. Perchard (S) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)
THE STATES resumed consideration of the proposition of the Council of Ministers, as amended, and, adopting the proposition –
- endorsed the decision of the Council of Ministers that, based on the summary terms of the UK- EU Trade and Economic Cooperation Agreement as set out in the report, and subject to giving further consideration to the full and final text within the 90-day confirmatory period, the Bailiwick of Jersey should consent to its inclusion in the Agreement;
- agreed that, in accordance with their concurrent responsibility for the conduct of Jersey's external relations, the Chief Minister and the Minister for External Relations should formally communicate the decision of the States Assembly in respect of part (a) to the Government of the United Kingdom;
- requested the Brexit Review Panel and the Environment, Housing and Infrastructure Scrutiny Panel, following full consideration of the final legal text, and having taken advice from the Law Officers' Department, to present a report to the States Assembly, before the completion of the 90-day cooling off period', which gave the Panels' views on whether the final legal text reflected the terms of the summary agreement and included any other information that, in the opinion of the Panels, should be brought to the attention of the Assembly, including their opinion as to whether or not the Panels believed it was in the best interests of the Island to subscribe to the relevant Terms of the UK-EU Trade and Economic Cooperation Agreement; and
- requested the Council of Ministers, following full consideration of the final legal text, to present a report to the States which gave the Council's view on whether the final legal text reflected the terms of the summary agreement and included the legal text of the agreement and any other information that, in the opinion of the Council, should be brought to the attention of the Assembly for a final debate on Jersey's agreement to be included in the UK-EU Trade and Economic Cooperation Agreement to take place if, having regard to the legal text and the scrutiny report referenced in (c), the Council of Ministers concluded that the 90-day termination clause should be effected.
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 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 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) Deputy I. Gardiner (H)
Draft Sea Fisheries (Licensing of Fishing Boats) (Amendment No.8) (Jersey) Regulations 202- P.171/2020
THE STATES commenced consideration of the Draft Sea Fisheries (Licensing of Fishing Boats) (Amendment No.8) (Jersey) Regulations 202- and adopted the principles.
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. Lawrence Connétable of St. Saviour Connétable of St. Brelade 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.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy L.M.C. Doublet (S) 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) Deputy I. Gardiner (H)
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.
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 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.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin 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) Deputy I. Gardiner (H)
THE STATES, under Articles 12 and 29 of the Sea Fisheries (Jersey) Law 1994, made Regulations entitled the Sea Fisheries (Licensing of Fishing Boats) (Amendment No.8) (Jersey) Regulations 2020.
Members present voted as follows –
POUR: 44 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 Trinity 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.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) Deputy I. Gardiner (H)
THE STATES rose at 5.07 p.m.
L.-M. HART Deputy Greffier of the States