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States Minutes 16th December 2021

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THE STATES assembled on Thursday 16th December 2021, at 9.30 a.m. under the Presidency of the Bailiff ,

Timothy John Le Cocq , Esquire.

 __________________

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

Senator Ian Joseph Gorst – excused attendance (joined at 10.03 a.m.)

Connétable  Sadie  Anthea   Le Sueur -Rennard  of   St. Saviour   excused  attendance  (joined  at 12.09 pm.) Connétable Richard Vibert of St. Peter – excused attendance

Deputy Jessica Harriet Perchard of St. Saviour – ill

Deputy Inna Gardiner of St. Helier – excused attendance (joined at 9.56 a.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.

Documents presented

Estate  Management  (follow-up)  (P.A.C.3/2021):  Executive  Response  P.A.C.3/2021. (P.A.C.3/2021 Res.) – comments.  Res.Com. Presented: 16th December 2021, Public Accounts Committee.

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 continue consideration of public business until 8.00 p.m. that day with a thirty- minute adjournment at 5.30 p.m.

Members present voted as follows –

POUR: 34  CONTRE: 9  ABSTAIN: 0

Senator I.J. Gorst Senator L.J. Farnham 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. Brelade


Senator S.C. Ferguson Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Ouen Deputy M. Tadier (B) Deputy of St. Martin Deputy of St. Ouen

Deputy of St. John

Connétable of Trinity   Deputy R.J. Ward (H) Connétable of St. Mary

Connétable of St. Martin

Connétable of St. John

Connétable of St. Clement

Deputy J.A. Martin (H)

Deputy G.P. Southern (H)

Deputy of Grouville

Deputy K.C. Lewis (S)

Deputy J.M. Maçon (S)

Deputy S.J. Pinel (C)

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 L.B.E. Ash (C)

Deputy K.F. Morel (L)

Deputy G.C.U. Guida (L)

Deputy of St. Peter

Deputy of Trinity

Deputy M.R. Le Hegarat (H)

Deputy S.M. Ahier (H)

Deputy C.S. Alves (H)

Deputy K.G. Pamplin (S)

Deputy I. Gardiner (H)

Proposed Government Plan 2022-2025 P.90/2021

THE STATES resumed consideration of the proposition of the Council of Ministers entitled Proposed Government Plan 2022-2025' (P.90/2021), as amended, and, resuming consideration of an amendment of the Connétable of St. Brelade (P.90/2021 Amd.(2)), as amended, and,  resumed consideration of an amendment of the Council of Ministers (P.90/2021 Amd.(2)Amd.(2)) and, adopting the amendment, agreed that, in Part 1, for the words "deliverable by 30th April 2022" should be substituted the words "deliverable by 29th July 2022".

Members present voted as follows –

POUR: 41  CONTRE: 3  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. Lawrence Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin


Senator S.Y. Mézec Deputy G.P. Southern (H) Deputy R.J. Ward (H)

Connétable of St. John Connétable of St. Clement 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. 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 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 C.S. Alves (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)

THE STATES, adopting the amendment of the Connétable of St. Brelade , as amended, agreed that, in Paragraph (f), after the words "Appendix 2 – Summary Tables 5(i) and (ii) of the Report" there should be inserted the words –

", except that in Summary Table 5(i), £500,000 should be transferred from the General Reserve Head of Expenditure to fund the undertaking of an independent review of the Island's response to the Covid-19 pandemic, deliverable by 29th July 2022, the Council of Ministers being requested, in conjunction with the Privileges and Procedures Committee, to take such steps as are necessary to initiate a review that will deliver an objective and independent analysis of the actions undertaken in response  to  the  Covid-19  pandemic  and  provide  recommendations  and  guidelines  for  the management of any future pandemic or similarly disruptive event".

Members present voted as follows –

POUR: 37  CONTRE: 5  ABSTAIN: 1

Senator I.J. Gorst  Senator T.A. Vallois   Deputy L.M.C. Doublet (S) Senator L.J. Farnham   Connétable of St. Helier

Senator J.A.N. Le Fondré   Connétable of Trinity

Senator K.L. Moore   Deputy G.P. Southern (H)

Senator S.W. Pallett   Deputy R.J. Ward (H)

Senator S.Y. Mézec

Connétable of St. Lawrence

Connétable of St. Brelade

Connétable of Grouville

Connétable of St. Mary

Connétable of St. Ouen

Connétable of St. Martin

Connétable of St. John Connétable of St. Clement 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. Martin Deputy of St. Ouen

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 St. John

Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy C.S. Alves (H) 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 an amendment of Deputy Robert James Ward of St. Helier (P.90/2021 Amd.(6), agreed that, in Paragraph (f), after the words "Appendix 2 – Summary Tables 5(i) and (ii) of the Report" there should be inserted the words –

", with funding to be allocated from the Covid-19 response head of expenditure in Summary Table 5(i), and made available for use by the Minister for Infrastructure, to provide for the establishment from 1st January 2022, or as soon as possible thereafter in 1st quarter of 2022, of a bus pass scheme (for which a charge of £20 per annum should be levied on the individual) for all people eligible to pay fares aged 18 years or under; with the overall cost of, take-up of, and customer satisfaction with the scheme, to be subsequently reviewed by the Minister and the outcome of the review to be published by the end of the third quarter of 2022"

Members present voted as follows –

POUR: 23 CONTRE: 20 ABSTAIN: 0

Senator T.A. Vallois Senator K.L. Moore Senator S.W. Pallett Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Mary Connétable of St. Martin Connétable of St. John Deputy G.P. Southern (H) Deputy of Grouville Deputy M. Tadier (B) Deputy of St. Martin Deputy L.M.C. Doublet (S) Deputy R. Labey (H)


Senator I.J. Gorst

Senator L.J. Farnham Senator S.C. Ferguson Senator J.A.N. Le Fondré Connétable of St. Brelade Connétable of Grouville Connétable of St. Ouen Connétable of St. Clement Deputy J.A. Martin (H) Deputy K.C. Lewis (S) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Ouen Deputy of St. Mary

STATES MINUTES

Deputy S.M. Wickenden (H) Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy of St. John

Deputy M.R. Le Hegarat (H) Deputy R.J. Ward (H) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)


16th December 2021

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 S.M. Ahier (H)

THE STATES resumed consideration of the proposition of the Council of Ministers, as amended, and rejected  an amendment of Deputy Robert James Ward of St. Helier (P.90/2021 Amd.(11)) that, in Paragraph (f), after the words "Appendix 2 – Summary Tables 5 (i) and (ii) to the Report", there should be inserted the words –

", with provision to be made from the Covid-19 Reserve within the General Reserve, to the Children, Young People, Education and Skills Department to ensure that all schools have a guaranteed minimum 15% headroom funding remaining after staffing and accommodation costs have been taken into account."

Members present voted as follows –

POUR: 21 CONTRE: 22 ABSTAIN: 0

Senator T.A. Vallois Senator K.L. Moore

Senator S.W. Pallett

Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Saviour Connétable of St. Brelade Connétable of Trinity Connétable of St. Mary Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy M. Tadier (B) Deputy of St. Martin Deputy L.M.C. Doublet (S) Deputy K.F. Morel (L) Deputy of St. John

Deputy M.R. Le Hegarat (H) Deputy R.J. Ward (H) Deputy C.S. Alves (H) Deputy I. Gardiner (H)


Senator I.J. Gorst

Senator L.J. Farnham Senator S.C. Ferguson Senator J.A.N. Le Fondré Connétable of St. Helier Connétable of Grouville Connétable of St. Ouen Deputy J.A. Martin (H) Deputy of Grouville

Deputy K.C. Lewis (S) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Ouen

Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy L.B.E. Ash (C) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

Deputy S.M. Ahier (H)

THE STATES resumed consideration of the proposition of the Council of Ministers, as amended, and, commencing consideration of an amendment of the Children, Education and Home Affairs Scrutiny Panel (P.90/2021 Amd.(16)), acceded to a request by Senator Tracey Anne Vallois, acting as rapporteur, in accordance with Standing Order 69(4) that the amendment be withdrawn.

Arrangement of public business for the present meeting

THE STATES noted that, in accordance with Standing Order 34(1), Senator Tracey Anne Vallois, acting as rapporteur, had informed the Greffier of the States that two amendments of the Children, Education and Home Affairs Scrutiny Panel (P.90/2021 Amd.(17) and P.90/2021 Amd.(20)) to the proposition of the  Council  of  Ministers  entitled  Proposed  Government  Plan  2022-2025'  (P.90/2021)  had  been withdrawn.

Proposed Government Plan 2022-2025 P.90/2021

THE STATES resumed consideration of the proposition of the Council of Ministers entitled Proposed Government Plan 2022-2025' (P.90/2021), as amended, and rejected an amendment of the Children, Education and Home Affairs Scrutiny Panel (P.90/2021 Amd.(18)) that, in Paragraph (f), after the words "set out in Appendix 2 – Summary Tables 5(i) and (ii) of the Report" there should be inserted the words –

",  except  that,  in  Summary  Table  5(i)   2022  Revenue  Heads  of  Expenditure,  the  Head  of Expenditure for Children, Young People, Education and Skills shall be increased by £10 million to allow for additional resources to implement the recommendations of the Inclusion Review and to cover any shortfall in funding identified within the new school funding formula for 2022.".

Members present voted as follows –

POUR: 21  CONTRE: 21  ABSTAIN: 1 Senator T.A. Vallois  Senator I.J. Gorst   Deputy of St. John

Senator K.L. Moore  Senator L.J. Farnham

Senator S.W. Pallett  Senator J.A.N. Le Fondré

Senator S.Y. Mézec   Connétable of St. Helier

Connétable of St. Brelade   Connétable of St. Lawrence

Connétable of St. Mary   Connétable of Grouville

Connétable of St. Martin   Connétable of Trinity

Connétable of St. John   Connétable of St. Ouen

Connétable of St. Clement   Deputy J.A. Martin (H)

Deputy G.P. Southern (H)   Deputy of Grouville

Deputy M. Tadier (B)   Deputy K.C. Lewis (S)

Deputy M.R. Higgins (H)   Deputy S.J. Pinel (C)

Deputy J.M. Maçon (S)   Deputy of St. Ouen

Deputy of St. Martin   Deputy R. Labey (H)

Deputy L.M.C. Doublet (S)   Deputy S.M. Wickenden (H)

Deputy of St. Mary   Deputy G.J. Truscott (B)

Deputy M.R. Le Hegarat (H)   Deputy L.B.E. Ash (C)

Deputy R.J. Ward (H)   Deputy G.C.U. Guida (L)

Deputy C.S. Alves (H)   Deputy of St. Peter

Deputy K.G. Pamplin (S)   Deputy of Trinity

Deputy I. Gardiner (H)   Deputy S.M. Ahier (H)

THE STATES noted that, as there was an equality of votes, the matter had been determined in the negative in accordance with Article 16(2) of the States of Jersey Law 2005.

Changes in Presidency

The Bailiff retired from the Chair during consideration of the amendment of the Children, Education and Home  Affairs  Scrutiny  Panel (P.90/2021 Amd.(18))  to the  proposition  of the  Council  of Ministers entitled Proposed Government Plan 2022-2025' (P.90/2021), as amended, and the meeting continued under the Presidency of Dr. Mark Egan, Greffier of the States. The Bailiff returned to the Chamber during consideration of the same proposition and the meeting continued under his Presidency.

Proposed Government Plan 2022-2025 P.90/2021

THE STATES resumed consideration of the proposition of the Council of Ministers entitled Proposed Government Plan 2022-2025' (P.90/2021), as amended, and commenced consideration of an amendment of Senator Samuel Yves Mézec (P.90/2021 Amd.(12)).

THE STATES noted that, in accordance with the provisions of Standing Order 106(a), Senator Kristina Louise Moore and Deputy Gregory Charles Umberto Guida of St. Lawrence declared an interest, as they or their spouse earned more than the Upper Earnings Limit, and withdrew from the Chamber for the duration of the debate on the amendment of Senator Samuel Yves Mézec (P.90/2021 Amd.(12)) to the proposition of the Council of Ministers.

Arrangement of public business for the present meeting

THE STATES commenced consideration of a proposition of Deputy Michael Roderick Higgins of St. Helier that they adjourn, with consideration of public business to continue on Friday 17th December 2021.

Suspension of meeting

The Bailiff , during consideration of the proposition of Deputy Michael Roderick Higgins of St. Helier that the States adjourn, suspended the meeting, in accordance with Standing Order 46, in order to that he might consider the application and interpretation of Standing Order 106, and the declaration of interests by elected members, during the debate on the amendment of Senator Samuel Yves Mézec (P.90/2021 Amd.(12)) to the proposition of the Council of Ministers entitled Proposed Government Plan 2022-2025' (P.90/2021), as amended.

Declarations of interest under Standing Order 106 – ruling by the Bailiff

The Bailiff informed the States of the following ruling that he had made in respect of declarations of interest under Standing Order 106 during consideration of the amendment of Senator Samuel Yves Mézec (P.90/2021 Amd.(12)) to the proposition of the Council of Ministers entitled Proposed Government Plan 2022-2025' (P.90/2021), as amended –

"I have made the best inquiries that I am able to understand what the ambit of the proposition is. I remind Members of what I said earlier about the declaration of interest. It is any Member of the States who has, or whose spouse or civil partner or cohabitee has, an interest in the subject matter of the proposition must, if it is a direct financial interest, declare the interest and withdraw from the Chamber for the duration of the debate and any vote on the proposition. On the best information that I have available to me, it is anyone with an income of above £250,000 who falls within the catchment of this particular proposition and who therefore would have a direct financial interest. That is the ruling, if called upon to give it now, I would feel constrained to give in accordance with Standing Orders."

Adjournment

THE STATES, adopting a proposition of Deputy Michael Roderick Higgins of St. Helier , adjourned, having agreed to reconvene on Friday 16th December 2021 to continue consideration of the proposition of the Council of Ministers entitled Proposed Government Plan 2022-2025' (P.90/2021), as amended, and the remaining outstanding amendments.

Members present voted as follows –

POUR: 25  CONTRE: 19  ABSTAIN: 0 Senator I.J. Gorst  Senator L.J. Farnham

Senator S.C. Ferguson Senator J.A.N. Le Fondré Senator S.W. Pallett Connétable of St. Helier Connétable of St. Lawrence Connétable of Trinity Connétable of St. Mary Connétable of St. Martin Connétable of St. Clement Deputy J.A. Martin (H) 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 R. Labey (H) Deputy S.M. Wickenden (H) Deputy J.H. Young (B) Deputy L.B.E. Ash (C) Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy S.M. Ahier (H)


Senator T.A. Vallois Senator S.Y. Mézec Connétable of St. Brelade Connétable of Grouville Connétable of St. Ouen Connétable of St. John Deputy G.P. Southern (H) Deputy of Grouville

Deputy M. Tadier (B) Deputy L.M.C. Doublet (S) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy M.R. Le Hegarat (H) Deputy R.J. Ward (H) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S)

THE STATES rose at 7.30 p.m.

L.-M. HART Deputy Greffier of the States