States Minutes 25th November 2021

THE STATES assembled on Thursday 25th November 2021, at 9.30 a.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 –

Deputy Montfort Tadier of St. Brelade – excused attendance (joined at 4.06 pm.) Deputy Jessica Harriet Perchard of St. Saviour – ill

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Prayers

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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.

Notification of lodged propositions

Proposed Government Plan 2022-2025 (P.90/2021): third amendment.  P.90/2021. Maintenance of the Health Insurance Fund  Amd.(3). Lodged: 25th November 2021, Deputy G.P. Southern of St. Helier .

Assisted Dying P.95/2021

THE STATES resumed consideration of the proposition of the Council of Ministers entitled Assisted Dying'  (P.95/2021),  as  amended,  and,  adopting  the  proposition,  having  regard  to  the  key recommendation of the Citizen's Jury on Assisted Dying,

1. agreed, in principle, with the Jury that assisted dying should be permitted in Jersey; and that

1. the Government of Jersey should make arrangements for the provision of an assisted dying service that was available to a person aged 18 or over who:

1. had a voluntary, clear, settled and informed wish to end their own life; and
2. had capacity to make the decision to end their own life; and
3. had  been  diagnosed  with  a  terminal  illness,  which  was  expected  to  result  in unbearable suffering that could not be alleviated and was reasonably expected to die within six months; or, had an incurable physical condition, resulting in unbearable suffering that could not be alleviated;

2. an  assisted  dying  service  in  Jersey  might  provide  assistance  in  dying  in  one  of  the following two ways:

1. either by physician assisted suicide – whereby a registered medical professional might prescribe lethal drugs at the request of a person, who met defined eligibility criteria, to enable that person to self-administer the drugs to end their own life; or by
2. voluntary euthanasia – where a person who met the defined eligibility criteria had their life ended, at their voluntary request, by a registered medical practitioner; and

3. an assisted dying service in Jersey should be subject to the following safeguards:

1. assisted dying should be permitted with the direct assistance of registered medical practitioners and registered nurses only;
2. the law should provide for a conscientious objection clause so that any nurse, medical practitioner or other professional was not under a legal duty to participate in assisted dying;
3. assisted dying should be subject to a mandatory period of reflection;
4. a withdrawal of request should be permitted at any time; and
5. assisted dying should only be permitted at pre-approved locations.

2. agreed, in the event that paragraph (a) was adopted, that assisted dying should be available to Jersey residents only;
3. agreed, in the event that paragraph (a) was adopted, that assisted dying should be subject to a pre-approval process which, subject to further consultation, might involve a decision made by a court or specialist tribunal; and
4. requested the Council of Ministers to lodge final proposals (to include all processes and safeguards on assisted dying) for debate by the States Assembly, prior to the preparation of instructions for the Legislative Drafting Office, with the debate on such proposals to take place by October 2022, and with a view to draft legislation being available for debate by the States by the end of March 2023.

Members present voted as follows –

POUR: 36 CONTRE: 10 ABSTAIN: 0

Senator L.J. Farnham 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. Saviour Connétable of Grouville Connétable of St. Peter Connétable of St. Ouen 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 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)

Senator I.J. Gorst

Senator S.C. Ferguson Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Connétable of Trinity Deputy K.C. Lewis (S) Deputy of St. Ouen

Deputy J.H. Young (B) Deputy L.B.E. Ash (C)

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

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

Principles for Jersey's Participation in United Kingdom Free Trade Agreements P.94/2021

THE STATES commenced consideration of a proposition of the Minister for External Relations and Financial Services entitled Principles for Jersey's Participation in United Kingdom Free Trade Agreements' (P.94/2021) and, adopting the proposition, adopted the following principles upon which the Council of Ministers should determine Jersey's participation in future United Kingdom Free Trade Agreements –

1. Protecting Jersey's existing constitutional autonomy and cultural heritage;
2. Maintaining and strengthening Jersey's reputation as a well administered jurisdiction that was responsible for its own prosperity;
3. Upholding the long-established rights and privileges of Jersey residents and businesses that enabled them to trade and remain agile, innovative, and competitive as Jersey sought to grow and diversify its economy;
4. Maintaining or increasing the ability of the States Assembly and Government of Jersey to make decisions expeditiously in areas of domestic policy, including where close collaboration with the U.K. Government and other international partners was required;
5. Further to the current baseline of customs and goods participation, seeking the inclusion of extension provisions to enable Jersey's participation in additional provisions, post-ratification, and, where extension included the basis of new commitments, obtaining the consent of the States Assembly wherever practicable or otherwise reporting to the States at the earliest opportunity;
6. Taking into account commitments already undertaken in existing Free Trade Agreements which Jersey participated in; and,
7. Keeping the relevant Scrutiny Panel informed and up to date on all Free Trade Agreement negotiations with which the Government of Jersey was involved.

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. Lawrence Connétable of St. Saviour Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Peter 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 G.P. Southern (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 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 R.J. Ward (H) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)

Provision of Affordable Housing Guidance P.96/2021

THE STATES commenced consideration of a  proposition of Senator Samuel Yves Mézec  entitled Provision of Affordable Housing Guidance' (P.96/2021) and rejected an amendment of Senator Samuel Yves Mézec (P.96/2021 Amd.) that, after the words "at no less than", for the word "30%" there should be substituted "50%".

Members present voted as follows –

POUR: 18 CONTRE: 28 ABSTAIN: 0

Senator S.C. Ferguson Senator T.A. Vallois Senator S.W. Pallett Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Mary Connétable of St. John Deputy G.P. Southern (H)

Senator I.J. Gorst Senator L.J. Farnham Senator J.A.N. Le Fondré Senator K.L. Moore Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Peter

STATES MINUTES

Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy of St. Martin Deputy L.M.C. Doublet (S) Deputy J.H. Young (B) Deputy of St. John

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

25th November 2021

Connétable of St. Ouen Connétable of St. Martin Connétable of St. Clement 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 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)

THE STATES resumed consideration of the proposition of Senator Samuel Yves Mézec . Adjournment

THE STATES adjourned, having agreed to reconvene on Friday 26th November 2021 to continue consideration of the Senator Samuel Yves Mézec entitled Provision of Affordable Housing Guidance' (P.96/2021) and the other outstanding items of public business listed for the meeting.

THE STATES rose at 5.31 p.m.

L.-M. HART Deputy Greffier of the States