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THE STATES assembled on Monday 13th December 2021, at 2.00 p.m. under the Presidency of the Bailiff ,
Timothy John Le Cocq , Esquire.
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All members were present at roll call with the exception of –
Connétable Sadie Anthea Le Sueur-Rennard of St. Saviour – excused attendance (joined at 2.35 p.m.) Connétable Philip Bond Le Sueur of Trinity – excused attendance (joined at 2.11 p.m.)
Connétable Richard Vibert of St. Peter – excused attendance
Deputy Carolyn Fiona Labey of Grouville – excused attendance (joined at 2.13 p.m.)
Deputy Montfort Tadier of St. Brelade – ill
Deputy Russell Labey of St. Helier – excused attendance
Deputy Robert David Johnson of St. Mary – excused attendance (joined at 2.12 p.m.)
Deputy Jessica Harriet Perchard of St. Saviour – ill
Deputy Carina Soares Alves of St. Helier – excused attendance
Deputy Kevin Glyn Pamplin of St. Saviour – excused attendance (joined at 2.22 p.m.)
__________________
Prayers
__________________
Standing Order 55A – remote participation
THE STATES, with reference to their Act dated 14th September 2021, in which they had agreed that, notwithstanding Standing Order 55A(1), members who did not wish to attend in the States Chamber might continue to take part in States meetings using Microsoft Teams (until the States had considered and voted upon a proposition to re-apply Standing Order 55A(1) or to repeal or vary the terms of the Standing Order), assembled in accordance with Standing Order 55A with members able to participate remotely using Microsoft Teams.
Subordinate enactments tabled
The following enactments were tabled, namely –
Long-Term Care Services (Health and Social Services Charges) (Amendment No. 9) R&O.141/2021. (Jersey) Order 2021.
Minister for Health and Social Services.
Misuse of Drugs (Miscellaneous Amendments) (No. 9) (Jersey) Order 2021. R&O.145/2021. Minister for Health and Social Services.
Emergency Powers and Planning (Medicines and Vaccines – Covid-19 and R&O.148/2021. Influenza) (Fifth Period) (Jersey) Order 2021.
Minister for Health and Social Services.
Social Security (Home Carer's Allowance) (Amendment) (Jersey) Order 2021. R&O.149/2021. Minister for Social Security.
Regulation of Care (Fees) (Amendment No. 3) (Jersey) Order 2021. R&O.150/2021. Minister for the Environment.
Documents presented
Proposed Government Plan 2022-2025 (P.90/2021): third amendment. (P.90/2021 P.90/2021. Amd.3)) – comments. Amd.(3). Maintenance of the Health Insurance Fund Com. Presented: 9th December 2021, Council of Ministers.
Proposed Government Plan 2022-2025 (P.90/2021): fourth amendment. (P.90/2021 P.90/2021. Amd.(4)) – comments. Amd.(4). Regulatory Sustainability Funding Com. Presented: 9th December 2021, Council of Ministers.
Proposed Government Plan 2022-2025 (P.90/2021): fifth amendment. (P.90/2021 P.90/2021. Amd.(5)) – comments . Amd.(5). Inclusion Project Funding Com. Presented: 9th December 2021, Council of Ministers.
Proposed Government Plan 2022-2025 (P.90/2021): seventh amendment. P.90/2021. Fiscal Stimulus Fund Borrowing (P.90/2021. Amd.(7)) - comments Amd.(7). Presented: 9th December 2021, Council of Ministers. Com.
Proposed Government Plan 2022-2025 (P.90/2021): (P.90/2021 Amd.(8)) – comments.
Presented: 9th December 2021, Council of Ministers. Proposed Government Plan 2022-2025 (P.90/2021):
(P.90/2021 Amd.(9)) – comments.
Presented: 9th December 2021, Council of Ministers.
eighth amendment. P.90/2021. Amd.(8).
Com. ninth amendment. P.90/2021.
Proposed Government Plan 2022-2025 (P.90/2021): twelfth amendment. P.90/2021. (P.90/2021 Amd.(12)) – comments. Amd.(12). Inclusion Project Funding Com. Presented: 9th December 2021, Council of Ministers.
Proposed Government Plan 2022-2025 (P.90/2021): Fourteenth Amendment P.90/2021. (P.90/2021 Amd.14) – comments. Amd.(14). Establishment of Ministry of External Relations Com. Presented: 9th December 2021, Economic and International Affairs Panel.
Proposed Government Plan 2022-2025 (P.90/2021): fourteenth amendment. P.90/2021. (P.90/2021 Amd.(14)) – comments. Amd.(14). Establishment of Ministry of External Relations Com.(2) Presented: 10th December 2021, Council of Ministers.
Proposed Government Plan 2022-2025 (P.90/2021): fifteenth amendment P.90/2021. (P.90/2021 Amd.(15)) – comments. Amd.(15). Health Insurance Fund funding Com. Presented: 10th December 2021, Council of Ministers.
Proposed Government Plan 2022-2025 (P.90/2021): sixteenth amendment. P.90/2021. (P.90/2021 Amd.(16)) – comments. Amd.(16). Nursery Education Funding Increase Com. Presented: 13th December 2021, Council of Ministers.
Proposed Government Plan 2022-2025 (P.90/2021): seventeenth amendment. P.90/2021. (P.90/2021 Amd.(17)) – comments. Amd.(17). Targeted Nursery Education Fund Funding for 2-3 year olds Com. Presented: 9th December 2021, Council of Ministers.
Proposed Government Plan 2022-2025 (P.90/2021): eighteenth amendment. P.90/2021. (P.90/2021 Amd.(18)) – comments. Amd.(18). Special Educational Needs and School Funding Increase Com. Presented: 13th December 2021, Council of Ministers.
Proposed Government Plan 2022-2025 (P.90/2021): nineteenth amendment. P.90/2021. (P.90/2021 Amd.(19)) – comments. Amd.(19). Moving funding to Children, Young People, Education and Skills Com. Presented: 9th December 2021, Council of Ministers.
Proposed Government Plan 2022-2025 (P.90/2021): twentieth amendment. P.90/2021. (P.90/2021 Amd.(20)) – comments. Amd.(20). Degree course for Private Nursery Practitioners Com. Presented: 9th December 2021, Council of Ministers.
Proposed Government Plan 2022-2025 (P.90/2021): twenty-fourth amendment. P.90/2021. (P.90/2021 Amd.(24)) – comments. Amd.(24). Lower increase to Alcohol duties Com. Presented: 9th December 2021, Council of Ministers. (re-issue)
Proposed Government Plan 2022-2025 (P.90/2021): Fourteenth Amendment P.90/2021. (P.90/2021 Amd.(25)) – comments. Amd.(25). Revised borrowing and debt repayment Com. Presented: 9th December 2021, Council of Ministers.
ICT Cloud Implementation – Integrated Technology Solution (R.163/2021): Executive R.163/2021. Response. Res. Presented: 1st December 2021, Public Accounts Committee.
Annual Reporting (R.171/2021): Executive Response. R.171/2021. Presented: 13th December 2021, Public Accounts Committee. Res.
Land Transactions under Standing Order 168(3) – Trinity Road/Springfield Road R.179/2021. pavement adjoining Springfield Terrace, St Helier – Transfer to the public.
Presented: 30th November 2021, Minister for Infrastructure.
Transfers between Heads of Expenditure under the Public Finances (Jersey) R.180/2021. Law 2019: Article 18 – 29th November 2021.
Presented: 1st December 2021, Minister for Treasury and Resources.
States of Jersey Law 2005: Delegation of Functions – Minister for Social Security – R.181/2021. Covid-19 Extensions.
Presented: 6th December 2021, Minister for Social Security.
Impact of an ageing population on Jersey's economy. R.182/2021. Presented: 7th December 2021, Chief Minister.
Transfers between Heads of Expenditure under the Public Finances (Jersey) R.183/2021. Law 2019: Article 18 – 29th November 2021.
Presented: 7th December 2021, Minister for Treasury and Resources.
GST Personal Importation Review – Phase 1. S.R.15/2021. Presented: 7th December 2021, Corporate Services Scrutiny Panel.
Government Plan 2022-2025 Scrutiny Review. S.R.16/2021. Presented: 8th December 2021, Children, Education and Home Affairs Scrutiny Panel.
Government Plan 2022-25 Scrutiny Review. S.R.17/2021. Presented: 9th December 2021, Economic and International Affairs Scrutiny Panel.
Government Plan 2022-2025 Scrutiny Review. S.R.18/2021. Presented: December 2021, Environment, Housing and Infrastructure Panel.
Government Plan 2022-2025 Scrutiny Review. S.R.20/2021. Presented: 10th December 2021, Corporate Services Scrutiny Panel.
Government Plan 2022-2025 Scrutiny Review. S.R.21/2021. Presented: 10th December 2021, Government Plan Review Panel.
Redress and Accountability Systems in Jersey. S.R.22/2021. Presented: 13th December 2021, Care of Children in Jersey Review Panel.
Notification of lodged propositions
Proposed Government Plan 2022-2025 (P.90/2021): first amendment. P.90/2021. (P.90/2021 Amd.) – amendment. Amd.Amd. Rent Freeze and New Social Housing Rents Policy
Lodged: 7th December 2021, Minister for Housing and Communities.
Proposed Government Plan 2022-2025 (P.90/2021): second amendment. P.90/2021. (P.90/2021 Amd.(2)) – amendment. Amd.(2).Amd. Covid Review
Lodged: 7th December 2021, Connétable of St. Brelade .
Proposed Government Plan 2022-2025 (P.90/2021): second amendment. P.90/2021. (P.90/2021 Amd.(2)) – second amendment. Amd.(2). Covid Review Amd.(2). Lodged: 7th December 2021, Council of Ministers.
STATES MINUTES
Proposed Government Plan 2022-2025 (P.90/2021): sixth amendment. Bus Passes
Lodged: 29th November 2021, Deputy R.J. Ward of St. Helier .
Proposed Government Plan 2022-2025 (P.90/2021): seventh amendment. Fiscal Stimulus Fund Borrowing
Lodged: 29th November 2021, Corporate Services Scrutiny Panel.
13th December 2021
Proposed Government Plan 2022-2025 (P.90/2021): ninth amendment. P.90/2021. Mental Health Services Amd.(9). Lodged: 29th November 2021, Health and Social Security Scrutiny Panel.
Proposed Government Plan 2022-2025 (P.90/2021): tenth amendment. P.90/2021. Piquet House Amd.(10). Lodged: 29th November 2021, Privileges and Procedures Committee
Proposed Government Plan 2022-2025 (P.90/2021): tenth amendment P.90/2021. (P.90/2021 Amd.(10)) – amendment Amd.(10). Piquet House Amd. Lodged: 7th December 2021, Minister for Infrastructure.
Proposed Government Plan 2022-2025 (P.90/2021): eleventh amendment. P.90/2021. School Funding Amd.(11). Lodged: 30th November 2021, Deputy R.J. Ward of St. Helier .
Proposed Government Plan 2022-2025 (P.90/2021): thirteenth amendment P.90/2021. (P.90/2021 Amd.(13)): amendment. Amd.(13). Women's Safety Amd.(re- Lodged: 7th December 2021, Minister for Home Affairs. issue)
Proposed Government Plan 2022-2025 (P.90/2021): fourteenth amendment. P.90/2021. Establishment of Ministry of External Relations Amd.(14). Lodged: 30th November 2021, Minister for External Relations and Financial Services.
Proposed Government Plan 2022-2025 (P.90/2021): fifteenth amendment. P.90/2021. (P.90/2021 Amd.(15)) – amendment. Amd.(15). Health Insurance Fund funding Amd. Lodged: 7th December 2021, Health and Social Security Panel.
Proposed Government Plan 2022-2025 (P.90/2021): seventeenth amendment. P.90/2021. Targeted Nursery Education Fund Funding for 2-3 year olds Amd.(17). Lodged: 30th November 2021, Children, Education and Home Affairs Scrutiny Panel.
Proposed Government Plan 2022-2025 (P.90/2021): eighteenth amendment. P.90/2021. Special Educational Needs and School Funding Increase Amd.(18). Lodged: 30th November 2021, Children, Education and Home Affairs Scrutiny Panel.
Lodged: 30th November 2021, Children, Education and Home Affairs Scrutiny Panel.
Proposed Government Plan 2022-2025 (P.90/2021): nineteenth amendment. P.90/2021. (P.90/2021 Amd.(19)): amendment. Amd.(19). Moving funding from Covid-19 response to Children, Young People, Education and Amd.(re- Skills issue) Lodged: 6th December 2021, Children, Education and Home Affairs Scrutiny Panel.
Proposed Government Plan 2022-2025 (P.90/2021): twentieth amendment. P.90/2021. Degree course for Private Nursery Practitioners Amd.(20). Lodged: 30th November 2021, Children, Education and Home Affairs Scrutiny Panel.
Proposed Government Plan 2022-2025 (P.90/2021): twenty-first amendment. P.90/2021. Remove funding for Technology Fund Amd.(21). Lodged: 30th November 2021, Corporate Services Scrutiny Panel.
Proposed Government Plan 2022-2025 (P.90/2021): twenty-first amendment P.90/2021. (P.90/2021 Amd.(21)) – amendment. Amd.(21). Remove funding for Technology Fund Amd. Lodged: 7th December 2021, Council of Ministers.
Proposed Government Plan 2022-2025 (P.90/2021): twenty-second amendment. P.90/2021. Stamp Duty Amd.(22). Lodged: 30th November 2021, Corporate Services Scrutiny Panel.
Proposed Government Plan 2022-2025 (P.90/2021): twenty-second amendment P.90/2021. (P.90/2021 Amd.(22)) – amendment. Amd.(22). Stamp Duty Amd. Lodged: 7th December 2021, Council of Ministers.
Proposed Government Plan 2022-2025 (P.90/2021): twenty-third amendment. P.90/2021. First Tower playing field Amd.(23). Lodged: 30th November 2021, Deputy I. Gardiner of St. Helier .
Proposed Government Plan 2022-2025 (P.90/2021): twenty-third amendment P.90/2021. (P.90/2021 Amd.(23)): amendment. Amd.(23). First Tower playing field Amd. Lodged: 7th December 2021, Council of Ministers.
Proposed Government Plan 2022-2025 (P.90/2021): twenty-fourth amendment. P.90/2021. Lower increase to Alcohol duties Amd.(24). Lodged: 30th November 2021, Corporate Services Scrutiny Panel.
Proposed Government Plan 2022-2025 (P.90/2021): twenty-fifth amendment. P.90/2021. Revised borrowing and debt repayment Amd.(25). Lodged: 30th November 2021, Senator I.J. Gorst .
Proposed Government Plan 2022-2025 (P.90/2021): twenty-sixth amendment. P.90/2021. Air Quality Monitoring Amd.(26). Lodged: 30th November 2021, Connétable of St. Brelade .
Proposed Government Plan 2022-2025 (P.90/2021): twenty-sixth amendment P.90/2021. (P.90/2021 Amd.(26)): amendment. Amd.(26). Air Quality Monitoring Amd. Lodged: 7th December 2021, Council of Ministers.
Future Ambulance, Fire & Rescue Headquarters: Commemorating the service of P.103/2021. Connétable Len Norman.
Lodged: 1st December 2021, Minister for Home Affairs.
Draft Financial Services Commission (Amendment No. 8) (Jersey) Law 202-. P.104/2021. Lodged: 3rd December 2021, Minister for External Relations and Financial Services.
Draft Bank (Recovery and Resolution – Amendment of Law) (Jersey) Regulations P.105/2021. 202-.
Lodged: 6th December 2021, Minister for External Relations and Financial Services.
Draft Bank (Recovery and Resolution – Commencement of Law) (Jersey) Act 202-. P.106/2021. Lodged: 6th December 2021, Minister for External Relations and Financial Services.
Draft Children and Young People (Jersey) Law 202-. P.107/2021. Lodged: 6th December 2021, Minister for Children and Education.
Draft Proceeds of Crime (Supervisory Bodies) (Amendment No.2) (Jersey) Law 202-. P.109/2021. Lodged: 6th December 2021, Minister for External Relations and Financial Services.
Draft Elections (Transitional Provisions) (Jersey) Regulations 202-. P.110/2021. Lodged: 6th December 2021, Privileges and Procedures Committee.
Draft Financial Services (Amendment of Law No. 6) (Investment Business) (Jersey) P.112/2021. Regulations 202-.
Lodged: 7th December 2021, Minister for External Relations and Financial Services.
Radiotherapy Unit in Jersey. P.113/2021. Lodged: 8th December 2021, Deputy M. Tadier of St. Brelade .
Draft Official Controls (Animals, Food, Feed and Plant Health etc.) (Jersey) P.114/2021. Regulations 202-.
Lodged: 9th December 2021, Minister for the Environment.
Re-opening of Samarès Ward . P.115/2021. Lodged: 10th December 2021, Senator S.W. Pallett.
Common Population Policy. P.116/2021. Lodged: 10th December 2021, Council of Ministers.
Written Questions
(see Official Report/Hansard)
WQ.470/2021 1. The Chair of the States Employment Board had tabled an answer on 29th November 2021
WQ.471/2021 2. The Minister for the Environment had tabled an answer on 29th November 2021 to a
question asked by Deputy L.B.E. Ash of St. Clement regarding Jersey fishermen and licences.
WQ.472/2021 3. The Minister for Social Security had tabled an answer on 29th November 2021 to a
WQ.473/2021 4. The Minister for the Environment had tabled an answer on 6th December 2021 to a
WQ.474/2021 5. The Chief Minister had tabled an answer on 6th December 2021 to a question asked by
Deputy J.M. Maçon of St. Saviour regarding the Institute of Directors lunch on 25th November 2021.
question asked by the Connétable of St. John regarding birth parent support services. WQ.476/2021 7. The Minister for Treasury and Resources had tabled an answer on 6th December 2021 to a
question asked by the Connétable of St. John regarding the sale of the Internet of Things
a question asked by Deputy R.J. Ward of St. Helier regarding Covid protection for pregnant women.
question asked by Senator S.W. Pallett regarding the Counter-Bullying Policy of the department.
a question asked by Senator S.W. Pallett regarding children's speech and language therapy sessions.
WQ.484/2021 15. H.M. Attorney General had tabled an answer on 6th December 2021 to a question asked by
Deputy M.R. Higgins of St. Helier regarding Social Security overpayments.
WQ.485/2021 16. The Chief Minister had tabled an answer on 6th December 2021 to a question asked by
Deputy M.R. Higgins of St. Helier regarding the digital register of property owners. WQ.486/2021 17. The Minister for Health and Social Services had tabled an answer on 6th December 2021 to
a question asked by Deputy M.R. Higgins of St. Helier regarding the secret recording of
to a question asked by Deputy J.M. Maçon of St. Saviour regarding the use of Ivermectin. WQ.488/2021 19. The Minister for Health and Social Services had tabled an answer on 13th December 2021
to a question asked by Deputy K.G. Pamplin of St. Saviour regarding admission and
to the following question asked by Deputy K.G. Pamplin of St. Saviour regarding Downs Syndrome care.
WQ.491/2021 22. The Minister for Health and Social Services had tabled an answer on 13th December 2021
to a question asked by Deputy I. Gardiner of St. Helier regarding orthotics.
question asked by the Connétable of St. John regarding homes for children in care. WQ.493/2021 24. The Minister for Children and Education had tabled an answer on 13th December 2021 to a
question asked by the Connétable of St. John regarding the Children's Social Care budget. WQ.494/2021 25. The Minister for Children and Education had tabled an answer on 13th December 2021 to a
question asked by the Connétable of St. John regarding the Child and Adolescent Mental
Health Service's Green R.A.G. (red, amber, green) rating.
to a question asked by Senator S.W. Pallett regarding rehabilitation services provided in Jersey.
WQ.497/2021 28. The Minister for Housing and Communities had tabled an answer on 13th December 2021
to a question asked by Senator S.W. Pallett regarding homelessness in Jersey.
WQ.500/2021 31. H.M. Attorney General had tabled an answer on 13th December 2021 to a question asked
by Deputy M.R. Higgins of St. Helier regarding the law around glasshouses.
asked by Deputy M.R. Le Hegarat of St. Helier regarding the Prison! Me! No Way!!!' Programme.
Oral Questions
(see Official Report/Hansard)
OQ.255/2021 1. The Connétable of St. Martin asked a question of the Minister for Social Security regarding
the value given for a modest family home' within the Long-Term Care Scheme.
OQ.246/2021 2. Deputy G.P. Southern of St. Helier asked a question of the Minister for Treasury and
Resources regarding the tax income generated by the sale of small businesses.
OQ.248/2021 3. Senator S.Y. Mézec asked a question of the Chief Minister, acting for the Minister for
Housing and Communities, regarding future housing development on the former St. Saviour 's Hospital site.
OQ.250/2021 4. Senator S.W. Pallett asked a question of the Chief Minister regarding the role of the Deputy
Chief Minister in respect of the Control of Housing and Work (Jersey) Law 2012.
OQ.245/2021 5. The Connétable of St. Brelade asked a question of the Minister for Infrastructure regarding
the pedestrian-priority restrictions in Broad Street.
OQ.243/2021 6. Senator S.C. Ferguson asked a question of the Minister for Health and Social Services
regarding investigations undertaken by the General Medical Council in respect of the withdrawal of an offer of employment from Dr. Alwitry.
OQ.252/2021 7. Deputy M.R. Le Hegarat of St. Helier asked a question of the Minister for Home Affairs
regarding the Prison! Me! No Way!!!' scheme.
OQ.253/2021 8. Deputy R.J. Ward of St. Helier asked a question of the Assistant Minister for Housing and
Communities regarding the mortgage costs of homes built on the Waterfront and South Hill developments.
OQ.254/2021 9. Deputy R.J. Ward of St. Helier asked a question of the Assistant Minister for Housing and
Communities regarding a ban on foreign buy-to-let investors from purchasing homes. OQ.251/2021 10. Senator S.W. Pallett asked a question of the Minister for Health and Social Services
regarding the provision of rehabilitation services.
OQ.247/2021 11. Deputy G.P. Southern of St. Helier asked a question of the Minister for Health and Social
Services regarding the provision of home care.
OQ.249/2021 12. Senator S.Y. Mézec asked a question of the Chief Minister regarding the provision of
adequate safety nets for Islanders who fell into poverty.
OQ.244/2021 13. Senator S.C. Ferguson asked a question of the Minister for Health and Social Services
regarding the implications of a review of the mental health department for the services at Hope House.
Officers in attendance with Ministers when participating remotely – ruling by the Bailiff
The Bailiff made the following ruling regarding the presence of officers with Ministers whilst Ministers were participating remotely in the proceedings of the Assembly –
"I have been asked to rule on the presence of officers and others with Ministers where Ministers are answering questions with or without notice during a sitting of the Assembly. The Standing Orders which permit remote participation are silent on this point, but they are clearly, as I have ruled in the past, intended to permit Members to participate in a sitting whereby for reasons of the pandemic they would otherwise be unable to do so. Those orders were not designed to extend beyond what is necessary to achieve that end and, as far as is possible, the conditions that obtain in the Assembly should be replicated in the remote environment. The rule of the Assembly extends into those spaces as well. Accordingly, in my view, Ministers should have no greater access to officers and advice than they would if they were in the Assembly. Therefore, it seems to me that officers should not, unless it is impossible to arrange otherwise, be present with Ministers during Ministerial questions. This applies also to non-Ministers answering questions in the formal environment of the Assembly. I appreciate that this ruling may be difficult to police, but I am conscious, as has always been the case, that Ministers will act with integrity and honesty, as is expected of all States Members and will of course adhere to this ruling. As to whether Ministers should be required to be in the Assembly, I think that the position that we are in at the moment is permissive. Ministers are not required to be in the Assembly, but I would warmly encourage Ministers who are in a position where they are responding directly to questions raised by Members or dealing with a matter that they are bringing before the Assembly, unless they are otherwise unable to do so, to be in the Assembly. I think I can do no more than encourage that at this point. That is the ruling from the Chair."
Oral Questions without notice (see Official Report/Hansard)
The Minister for External Relations and Financial Services answered questions without notice from members.
The Minister for Health and Social Services answered questions without notice from members. The Chief Minister answered questions without notice from members.
Adjournment
THE STATES adjourned, having agreed to reconvene on Tuesday 14th December 2021 to consider the proposition of the Council of Ministers entitled Proposed Government Plan 2022-2025' (P.90/2021).
THE STATES rose at 5.12 p.m.
DR. M. EGAN Greffier of the States