States Minutes 2nd April 2020

THE STATES assembled on Thursday 2nd April 2020, at 11.00 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 11.30 a.m.) Connétable Deidre Wendy Mezbourian of St. Lawrence – excused attendance (joined at 11.00 a.m.) Connétable Sadie Anthea Le Sueur -Rennard of St. Saviour – excused attendance (joined at 1.39 p.m.) Connétable Michael Keith Jackson of St. Brelade – excused attendance (joined at 11.24 a.m.) Connétable John Michael Le Bailly of St. Mary – excused attendance

Deputy Judith Ann Martin of St. Helier – excused attendance (joined at 11.31 a.m.)

Deputy Carolyn Fiona Labey of Grouville – excused attendance (joined at 11.00 a.m.)

Deputy Susan Jane Pinel of St. Clement – excused attendance (joined at 11.54 a.m.)

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Prayers read by the Deputy Greffier of the States __________________

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.

Arrangements for voting and contributing to debate – ruling by the Bailiff

In light of the circumstances in which the Assembly met, with all Members participating remotely, and notwithstanding the provisions of Standing Order 55A(5)(a), the Bailiff made the following ruling, in accordance with Standing Order 167, in relation to voting at the meeting –

"I would like to indicate to Members how it is proposed to vote when votes come to be taken going forward during the course of this session. Where it appears that this is not likely to require the appel nominal then we will simply ask Members to indicate on the chat' whether they are pour or contre or, indeed, an abstention. It will be quite simple. People can just type P if they are pour, C if they are contre and A, obviously, for abstention. We will then do a very quick count to indicate whether it has been adopted and what we will take to be a standing vote. In the event that the appel is called for then the same process will apply. Members should indicate on the chat whether they are voting pour, contre or abstaining. That, however, will be allocated against their names so there will be a record kept of who voted in which way. That might inevitably take rather more time because it has to be done, in effect, manually from those on screens elsewhere, but that seems to be an appropriate way of making a distinction between a standing vote that can be dealt with relatively quickly and an appel, which might take a little bit more time."

Arrangement of public business for the present meeting

THE STATES agreed that the items of public business listed for the present meeting would be considered before the scheduled period for questions and statements.

Subordinate enactments tabled

The following enactments were tabled, namely –

Covid-19 (Restricted Movement) (Jersey) Order 2020.  R&O.34/2020. Minister for Health and Social Services.

Documents presented

Draft Marriage and Civil Status (Amendment of Law No. 2) (Covid-19 – Temporary  P.36/2020. Amendment) (Jersey) Regulations 202- (P.36/2020): comments. Com. Presented: 1st April 2020.

Education and Home Affairs Scrutiny Panel.

Public Lotteries: report for 2019. R.30/2020. Presented: 27th March 2020.

Minister for Economic Development, Tourism, Sport and Culture.

States of Jersey Law 2005: delegation of functions – Minister for Treasury and  R.31/2020. Resources – revised delegations March 2020.

Presented: 30th March 2020.

Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – Minister for Home Affairs –  R.32/2020. additional delegations March 2020, and appointment of an additional Assistant

Minister.

Presented: 31st March 2020.

Minister for Home Affairs.

States of Jersey Annual Report and Accounts 2019.  R.33/2020. Presented: 1st April 2020.

Minister for Treasury and Resources.

States of Jersey Annual Report and Accounts 2019 (R.33/2020): addendum.  R.33/2020. Presented: 1st April 2020.  Add. Minister for Treasury and Resources.

States of Jersey Law 2005: delegation of functions – Minister for Education – additional  R.34/2020. delegations April 2020.

Presented: 2nd April 2020.

Minister for Education.

Jersey Police Complaints Authority: Annual Report 2019. R.35/2020. Presented: 2nd April 2020.

Minister for Home Affairs.

Recurring Themes: Financial Management (P.A.C.1/2020) – Executive Response.  P.A.C.1/2020. Presented: 30th March 2020.  Res. Public Accounts Committee.

Notification of lodged propositions

Draft Social Security (Amendment of Law No. 12) (Jersey) Regulations 202-  P.31/2020. (P.31/2020): amendment. Amd. Lodged: 1st April 2020.

Health and Social Security Scrutiny Panel.

Draft Limited Liability Companies (Amendment) (Jersey) Law 202-. P.35/2020. Lodged: 30th March 2020.

Minister for External Relations.

Draft Marriage and Civil Status (Amendment of Law No. 2) (Covid-19 – Temporary  P.36/2020. Amendment) (Jersey) Regulations 202-.

Lodged: 1st April 2020.

Minister for Home Affairs.

Draft Shops (Regulation of Opening) (Covid-19 – Temporary Amendment) (Jersey)  P.37/2020 Regulations 202-.

Lodged: 1st April 2020.

Minister for Economic Development, Tourism, Sport and Culture.

Draft Covid-19 (Screening, Assessment and Isolation) (Amendment) (Jersey)  P.38/2020. Regulations 202-.

Lodged: 1st April 2020.

Minister for Health and Social Services.

Withdrawal of lodged propositions

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

Foreshore: policy for alleged encroachment compensation payments.  P.6/2020. Lodged: 27th January 2020.

Deputy of Grouville .

Draft Shops (Regulation of Opening) (Covid-19 – Temporary Amendment) (Jersey)  P.37/2020. Regulations 202-.

Lodged: 1st April 2020.

Minister for Economic Development, Tourism, Sport and Culture.

Arrangement of public business for the present meeting

THE  STATES,  adopting  a  proposition  of  Senator  John  Alexander  Nicholas  Le Fondré,  agreed,  in accordance with Standing Order 80, to suspend Standing Order 32 in order that the following propositions might be listed for consideration at the present meeting; and further agreed, in accordance with Standing Order 26(7), to reduce the minimum lodging period in respect of these propositions in order that they might be debated at the present meeting –

Draft Social Security (Amendment of Law No. 12) (Jersey) Regulations 202- (P.31/2020): amendment (P.31/2020 Amd.), lodged by the Health and Social Security Scrutiny Panel

Draft Marriage and Civil Status (Amendment of Law No. 2) (Covid-19 – Temporary Amendment) (Jersey) Regulations 202- (P.36/2020), lodged by the Minister for Home Affairs

Draft Covid-19 (Screening, Assessment and  Isolation) (Amendment) (Jersey) Regulations 202- (P.38/2020), lodged by the Minister for Health and Social Services

Draft Social Security (Amendment of Law No. 12) (Jersey) Regulations 202- P.31/2020

THE STATES resumed consideration of the Draft Social Security (Amendment of Law No. 12) (Jersey) Regulations 202-, the principles having been adopted on 27th March 2020, and adopted Regulation 1.

THE STATES commenced consideration of Regulations 2 and 3 and, adopting an amendment of the Health and Social Security Scrutiny Panel (P.31/2020 Amd.), agreed that –

in Regulation 2 for the inserted paragraph (4) there should be substituted –

"(4) There is no obligation under paragraph (3) to pay into the Social Security Fund an amount

for the year 2020"; and

in Regulation 3 for sub-paragraph (b) there should be substituted –

"(b) in paragraph (4)(a) for "each of the years 2019, 2020 and 2021" there is substituted "the

years 2019 and 2021".

THE STATES adopted Regulations 2 and 3, as amended.

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. Brelade Connétable of Grouville 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 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 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 made Regulations entitled the Social Security (Amendment of Law No. 12) (Jersey) Regulations 2020, under Article 50 of the Social Security (Jersey) Law 1974.

Draft Marriage and Civil Status (Amendment of Law No. 2) (Covid-19 – Temporary Amendment) (Jersey) Regulations 202- P.36/2020

THE STATES commenced consideration of the Draft Marriage and Civil Status (Amendment of Law No. 2) (Covid-19 – Temporary Amendment) (Jersey) Regulations 202- 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 3.

THE STATES made Regulations entitled the Marriage and Civil Status (Amendment of Law No. 2) (Covid-19 – Temporary Amendment) (Jersey) Regulations 2020, under Article 82(2) of the Marriage and Civil Status (Jersey) Law 2001.

Changes in Presidency

THE STATES re-assembled after the lunch adjournment under the Presidency of Dr. Mark Egan, Greffier of the States.

Draft Covid-19 (Screening, Assessment and Isolation) (Amendment) (Jersey) Regulations  202- P.38/2020

THE STATES commenced consideration of the Draft Covid-19 (Screening, Assessment and Isolation) (Amendment) (Jersey) Regulations 202- 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 and 2.

THE STATES made Regulations entitled the Covid-19 (Screening, Assessment and Isolation) (Amendment) (Jersey) Regulations 2020, under the Order in Council dated 14th April 1884.

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 the subject of the Government of Jersey's response to the Coronavirus pandemic.

Changes in Presidency

Dr. Mark Egan, Greffier of the States, retired from the Chair during the period of questions without notice to any Minister and the meeting continued under the Presidency of the Bailiff .

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

The Minister for Economic Development, Tourism, Sport and Culture made a statement regarding the application of Control of Housing and Work legislation during the Coronavirus crisis.

The Minister for Economic Development, Tourism, Sport and Culture made a statement regarding financial support for self-employed Islanders during the Coronavirus crisis.

Arrangement of public business for the present meeting

THE STATES noted that, in accordance with Standing Order 34(1), Deputy Inna Gardiner of St. Helier had informed the Greffier of the States that her proposition entitled Coronavirus: waiving Control of Housing and Work provisions while the Island's economy is significantly affected' (P.34/2020) had been withdrawn.

Arrangement of public business for future meetings

THE STATES, having previously noted that the e-petition entitled Put Jersey on a lockdown during the Coronavirus outbreak' had attracted 5,000 signatures, and adopting a proposition of the Chair of the Privileges and Procedures Committee, agreed that it would not consider the matter in-Committee as the Island had entered a period of lockdown.

THE STATES, having previously noted that the e-petition entitled Emergency support for self-employed business affected by coronavirus epidemic' had attracted more than 5,000 signatures, deferred consideration of whether the Assembly would consider the matter in-Committee, in light of the statement made at the meeting by the Minister for Economic Development, Tourism, Sport and Culture regarding financial support for self-employed Islanders during the Coronavirus crisis.

THE STATES agreed the following arrangement of public business for future meetings proposed, as amended, by the Chair of the Privileges and Procedures Committee in accordance with the provisions of Standing Order 88(3) –

21st April 2020

The Communications (Jersey) Order 2020: extension to Jersey by Order in Council. P.14/2020. Lodged: 19th February 2020.

Chief Minister.

The Communications (Jersey) Order 2020: extension to Jersey by Order in Council  P.14/2020. (P.14/2020) – addendum to report.  Add. Presented: 25th February 2020.

Chief Minister.

Bus service: introduction of through-fares.  P.19/2020. Lodged: 12th March 2020.

Deputy M. Tadier of St. Brelade .

12th May 2020

Ban on the sale of plastic bags.  P.11/2020. Lodged: 12th February 2020.  (re-issue) Deputy I. Gardiner of St. Helier .

2nd June 2020

Draft Amendment (No. 44) of the Standing Orders of the States of Jersey.  P.12/2020. Lodged: 14th February 2020.

Scrutiny Liaison Committee.

Draft Amendment (No. 45) of the Standing Orders of the States of Jersey.  P.13/2020. Lodged: 14th February 2020.

Scrutiny Liaison Committee.

16th June 2020

Draft  Taxation  (Implementation)  (International  Tax  Compliance)  (Mandatory  P.129/2019. Disclosure Rules for CRS Avoidance Arrangements and Opaque Offshore Structures)

(Jersey) Regulations 202-.

Lodged: 31st December2019.

Minister for External Relations.

Draft Road Traffic (No. 64) (Jersey) Regulations 202-.  P.10/2020. Lodged: 3rd February 2020, Minister for Infrastructure.

Priorities for the next Island Plan (Consideration In-Committee Debate)

8th September 2020

Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations  P.106/2019. 201-.

Lodged: 1st October 2019, Minister for the Environment.

Minimum standards for rented dwellings: licensing regulations.  S.R.1/2020. Presented: 21st February 2020.

Environment, Housing and Infrastructure Scrutiny Panel.

Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations  P.106/2019. 201- (P.106/2019): second amendment.  Amd.(2) Lodged: 20th February 2020, Environment, Housing and Infrastructure Scrutiny Panel.

Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.106/2019. 201- (P.106/2019): third amendment.  Amd.(3) Lodged: 12th March 2020.

Minister for the Environment.

Remote meeting of the States – thanks

The Bailiff thanked all members for their forbearance and understanding during the remote meeting of the Assembly and, on behalf of all members, thanked the staff of the States Greffe and of Digital Jersey for their work in ensuring the remote meeting could take place.

THE STATES rose at 3.50 p.m.

L.-M. HART Deputy Greffier of the States