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THE STATES assembled on Tuesday 2nd November 2021, at 9.30 a.m. under the Presidency of the Deputy Bailiff , Robert James MacRae , Esquire.
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All members were present at roll call with the exception of –
Senator Ian Joseph Gorst – en défaut (défaut raised at 10.43 a.m.)
Senator Stephen William Pallett – ill
Connétable Alan Simon Crowcroft of St. Helier – excused attendance (arrived in the Chamber at 11.21 a.m.) Connétable Richard Vibert of St. Peter – excused attendance (joined at 11.21 a.m.)
Connétable Andrew Nicholas Jehan of St. John – excused attendance
Connétable Marcus O'Donnel Troy of St. Clement – ill
Deputy Carolyn Fiona Labey of Grouville – excused attendance (arrived in the Chamber at 10.33 a.m.) 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.
Tribute to the late Mrs. Anne Teresa Dupré, former member of the States
The Deputy Bailiff paid tribute to the late Mrs. Anne Teresa Dupré, former Deputy of St. Clement . The States observed one minute's silence as a mark of respect.
Subordinate enactments tabled
The following enactments were tabled, namely –
Proceeds of Crime (Provision of Information by Trustees) (Jersey) Order 2021. R&O.125/2021. Minister for External Relations and Financial Services.
Proceeds of Crime (Supervisory Bodies) (Amendment of Law) (No. 2) (Jersey) Order R&O.126/2021. 2021.
Minister for External Relations and Financial Services.
Shipping (Standards of Training, Certification and Watchkeeping) (Jersey) Order R&O.129/2021. 2021.
Minister for Economic Development, Sport, Tourism and Culture.
Companies (Amendment of Law) (No. 2) (Jersey) Order 2021. R&O.130/2021. Minister for External Relations and Financial Services.
Control of Housing and Work (Temporary Exemption) (Amendment) (Jersey) Order R&O.133/2021. 2021.
Signed by Deputy Chief Minister Senator L.J. Farnham , for and on behalf of the
Documents presented
Draft Social Security (Amendment of Law - Minimum Earnings Threshold) (Jersey) P.79/2021. Regulations 202-: comments. Com.(2). Presented: 29th October 2021, Health and Social Security Scrutiny Panel.
Draft Employment (Amendment of Law) (No. 3)) (Jersey) Regulations 202- P.88/2021. (P.88/2021): comments. Com. Presented: 28th October 2021, Health and Social Security Scrutiny Panel.
Draft Employment (Amendment of Law) (No. 3)) (Jersey) Regulations 202- P.88/2021. (P.88/2021): amendment (P.88/2021 Amd.) – comments. Amd.Com. Presented: 28th October 2021, Minister for Social Security.
Executive Response to the C&AG's Report on Governance Arrangements for Health R.143/2021. and Social Care Follow-up (R.143/2021). Res. Presented: 20th October 2021, Public Accounts Committee.
Automatic Electoral Registration Project. R.164/2021. Presented: 22nd October 2021, Privileges and Procedures Committee.
Research Project: How might the Standing Orders of the States of Jersey respond to R.165/2021. the formation of political parties?.
Presented: 25th October 2021, Privileges and Procedures Committee.
Foreshore Encroachment Policy Review (S.R.1/2021): Response of the Minister for S.R.1/2021. Infrastructure. Res. Presented: 14th January 2021, Minister for Infrastructure.
Demerger of CICRA and Future Operation of the JCRA: Response of the Minister for S.R.11/2021. Economic Development, Sport, Tourism and Culture. Res. Presented: 14th October 2021, Minister for Economic Development, Sport, Tourism (re-issue) and Culture.
COVID-19 Response: Spend Local Scheme. P.A.C.2/2021. Presented: 11th October 2021, Public Accounts Committee.
Notification of lodged propositions
Competent Authorities Ministers: Release of minutes of meetings to Scrutiny P.86/2021. (P.86/2021) – amendment. Amd. Lodged: 26th October 2021, Council of Ministers
Draft Employment (Amendment of Law) (No. 3) (Jersey) Regulations 202- P.88/2021. (P.88/2021): amendment. Amd. Lodged: 19th October 2021, Health and Social Security Scrutiny Panel.
Draft Income Tax (Amendment of Law – Taxation of Cannabis Companies) (Jersey) P.93/2021. Regulations 202-. (re-issue) Lodged: 11th October 2021, Minister for Treasury and Resources.
Assisted Dying. P.95/2021. Lodged: 13th October 2021, Council of Ministers.
Provision of Affordable Housing Guidance. P.96/2021. Lodged: 14th October 2021, Senator S.Y. Mézec .
Minimum Wage Increase. P.98/2021. Lodged: 26th October 2021, Deputy G.P. Southern of St. Helier .
Actions to mitigate the use of Palm Oil. P.99/2021. Lodged: 1st November 2021, Connétable of St. Martin .
Draft Health Insurance Fund (Miscellaneous Provisions) (Amendment No. 3) (Jersey) P.102/2021. Law 202-.
Lodged: 2nd November 2021, Minister for Social Security.
Health and Social Security Scrutiny Panel – appointment of member
In accordance with Standing Order 125, the Chair of the Health and Social Security Scrutiny Panel indicated that she wished to have a Panel of 4 members, including the Chair, and nominated Senator Samuel Yves Mézec as a member of the Panel.
There being no other nominations, the Deputy Bailiff declared that Senator Samuel Yves Mézec had been duly appointed as a member of the Health and Social Security Scrutiny Panel.
Written Questions
(see Official Report/Hansard)
WQ.390/2021 1. The Minister for Health and Social Services had tabled an answer on 11th October 2021 to a
WQ.391/2021 2. The Minister for Home Affairs had tabled an answer on 11th October 2021 to a question
asked by the Connétable of St. Brelade regarding the vetting process of police officers. WQ.392/2021 3. The Minister for Health and Social Services had tabled an answer on 11th October 2021 to a
question asked by Senator S.W. Pallett regarding the mental health facility at Clinique
WQ.393/2021 4. The Minister for the Environment had tabled an answer on 11th October 2021 to a question
asked by Deputy M.R. Higgins of St. Helier regarding the power to hold civil servants to account.
WQ.394/2021 5. The Minister for Treasury and Resources had tabled an answer on 11th October 2021 to a
WQ.395/2021 6. The Minister for Children and Education had tabled an answer on 18th October 2021 to a
question asked by Senator S.W. Pallett regarding Adult Mental Health Services positions. WQ.397/2021 8. H.M. Attorney General had tabled an answer on 18th October 2021 to a question asked by
Deputy J.M. Maçon of St. Saviour regarding company policies on mask-wearing. WQ.398/2021 9. The Minister for Children and Education had tabled an answer on 18th October 2021 to a
question asked by the Connétable of St. Brelade regarding vulnerable children and young
people housed in hotel or holiday accommodation.
WQ.399/2021 10. The Assistant Chief Minister had tabled an answer on 18th October 2021 to a question
asked by the Connétable of St. John regarding the Our Hospital project Clinical Director. WQ.400/2021 11. The Minister for Treasury and Resources had tabled an answer on 18th October 2021 to a
question asked by the Connétable of St. John regarding Jersey Telecom (JT) tax and
question asked by the Connétable of St. John regarding building costs per square metre. WQ.402/2021 13. The Minister for International Development had tabled an answer on 18th October 2021 to a
question asked by the Connétable of St. Martin regarding aid funding for Afghanistan. WQ.403/2021 14. The Minister for International Development had tabled an answer on 18th October 2021 to a
question asked by the Connétable of St. Martin regarding the Island Identity project. WQ.404/2021 15. The Minister for External Relations and Financial Services had tabled an answer on 18th
October 2021 to a question asked by the Connétable of St. Martin regarding the barriers to
question asked by Senator S.Y. Mézec regarding JT's Internet of Things division. WQ.406/2021 17. The Minister for Infrastructure had tabled an answer on 18th October 2021 to a question
asked by Deputy I. Gardiner of St. Helier regarding the accounts for the Bellozanne sewage
WQ.407/2021 18. The Minister for Infrastructure had tabled an answer on 18th October 2021 to a question
WQ.408/2021 19. The Assistant Chief Minister had tabled an answer on 18th October 2021 to a question
WQ.410/2021 21. The Chief Minister had tabled an answer on 18th October 2021 to a question asked by
Deputy R.J. Ward of St. Helier regarding the cost of achieving climate neutrality.
WQ.413/2021 24. The Chief Minister had tabqled an answer on 25th October 2021 to a question asked by
Senator S.Y. Mézec regarding the cost of advertising in the Jersey Evening Post. WQ.414/2021 25. The Minister for Treasury and Resources had tabled an answer on 25th October 2021 to a
question asked by Deputy M. Tadier of St. Brelade regarding the taxation of Social Security
asked by the Connétable of St. Brelade regarding States members' personal safety. WQ.417/2021 28. The Minister for Children and Education had tabled an answer on 25th October 2021 to a
question asked by the Connétable of St. Brelade regarding the draft Children and Young
WQ.422/2021 33. The Minister for Children and Education had tabled an answer on 25th October 2021 to a
WQ.423/2021 34. The Chair of the States Employment Board had tabled an answer on 1st November 2021 to
a question asked by Deputy J.M. Maçon of St. Saviour regarding the appointment of the
interim Director General of Children, Young People, Education and Skills (C.Y.P.E.S.). WQ.424/2021 35. The Minister for Home Affairs had tabled an answer on 1st November 2021 to a question
asked by Deputy J.M. Maçon of St. Saviour regarding the protection of accused
WQ.425/2021 36. The Minister for Health and Social Services had tabled an answer on 1st November 2021 to
WQ.426/2021 37. The Minister for Infrastructure had tabled an answer on 1st November 2021 to a question
asked by Deputy R.J. Ward of St. Helier regarding the annual income of LibertyBus. WQ.429/2021 38. The Minister for Treasury and Resources had tabled an answer on 1st November 2021 to a
question asked by Senator S.Y. Mézec regarding the caps on Social Security and Long-
WQ.430/2021 39. The Assistant Chief Minister had tabled an answer on 2nd November 2021 to a question
asked by Senator S.Y. Mézec regarding a new facility for the Child Development and Therapy Centre.
WQ.431/2021 40. The Minister for Health and Social Services had tabled an answer on 1st November 2021 to
a question asked by the Connétable of St. Brelade regarding electronic patient records. WQ.432/2021 41. The Minister for Infrastructure had tabled an answer on 1st November 2021 to a question
asked by the Connétable of St. Brelade regarding the contracting out of responsibilities
WQ.433/2021 42. The Minister for the Environment had tabled an answer on 1st November 2021 to a
WQ.434/2021 43. The Chair of the Privileges and Procedures Committee had tabled an answer on 1st
WQ.435/2021 44. The Minister for Treasury and Resources had tabled an answer on 1st November 2021 to a
WQ.436/2021 45. The Minister for Health and Social Services had tabled an answer on 1st November 2021 to
WQ.437/2021 46. The Minister for Children and Education had tabled an answer on 1st November 2021 to a
WQ.438/2021 47. The Minister for Home Affairs had tabled an answer on 1st November 2021 to a question
asked by Deputy M.R. Higgins of St. Helier regarding allegations of grooming.
WQ.439/2021 48. The Minister for Home Affairs had tabled an answer on 1st November 2021 to a question
WQ.440/2021 49. The Assistant Chief Minister had tabled an answer on 2nd November 2021 to a question
asked by Deputy I. Gardiner of St. Helier regarding expenditure on the Our Hospital project.
WQ.441/2021 50. The Assistant Chief Minister had tabled an answer on 1st November 2021 to a question
WQ.442/2021 51. The Minister for Infrastructure had tabled an answer on 1st November 2021 to a question asked by Deputy I. Gardiner of St. Helier regarding Sand Street carpark.
WQ.443/2021 52. H.M. Attorney General had tabled an answer on 1st November 2021 to a question asked by
Oral Questions
(see Official Report/Hansard)
OQ.215/2021 1. Deputy G.P. Southern of St. Helier asked a question of the Minister for the
Environment regarding the Regulation of Care (Jersey) Law 2014.
OQ.222/2021 2. Deputy M. Tadier of St. Brelade asked a question of the Minister for Health and Social
Services regarding the recruitment of health and care workers.
OQ.227/2021 3. Deputy K.F. Morel of St. Lawrence asked a question of the Minister for Treasury and
Resources regarding the Island's credit rating.
OQ.219/2021 4. Deputy I. Gardiner of St. Helier asked a question of the Assistant Chief Minister regarding
the reporting of expenditure on the Our Hospital project.
OQ.228/2021 5. Senator K.L. Moore asked a question of the Minister for Home Affairs regarding the
Armed Forces Steering Group.
OQ.217/2021 6. Deputy R.J. Ward of St. Helier asked a question of the Minister for Children and Education
regarding school budgets.
OQ.224/2021 7. Senator S.Y. Mézec asked a question of the Minister for the Environment regarding the
provision of affordable housing.
OQ.226/2021 8. The Connétable of St. Brelade asked a question of the Minister for the Environment
regarding the long-term strategy for the site of Simon Sand.
OQ.213/2021 9. The Connétable of Trinity asked a question of the Chair of the Privileges and Procedures
Committee regarding the establishment of the Jersey Electoral Authority.
OQ.214/2021 10. Deputy M.R. Higgins of St. Helier asked a question of the Chair of the States Employment
Board regarding the damages paid to Mr. A. Alwitry following the successful legal action taken against the former Department of Health and Social Services.
OQ.225/2021 11. Senator S.Y. Mézec asked a question of the Minister for Home Affairs regarding the
process for people with severe hearing impairments to contact the emergency services. OQ.223/2021 12. Deputy M. Tadier of St. Brelade asked a question of the Minister for the Environment
regarding the monitoring of air quality in Jersey.
OQ.221/2021 13. Deputy M.R. Higgins of St. Helier asked a question of the Minister for Health and Social
Services regarding advice from the Office of the Information Commissioner in respect of data breaches.
OQ.216/2021 14. Deputy G.P Southern of St. Helier asked a question of the Minister for Children and Education regarding the Government's commitment to put children and young people first.
OQ.218/2021 15. Deputy R.J. Ward of St. Helier asked a question of the Assistant Chief Minister regarding
the number of High Value Residents in Jersey.
THE STATES noted that, in accordance with Standing Order 63(9), a written response would be provided to the following oral question that had not been asked during the time allowed at the meeting –
OQ.220/2021 Deputy I. Gardiner of St. Helier to the Minister for Children and Education regarding the
primary school estate review in St. Helier .
Changes in Presidency
The Deputy Bailiff retired from the Chamber during the period of Oral Questions with notice and the meeting continued under the Presidency of Mrs. Lisa-Marie Hart , Deputy Greffier of the States. The Deputy Bailiff returned to the Chamber during the same period of Oral Questions with notice and the meeting continued under his Presidency.
Urgent Oral Question
(see Official Report/Hansard)
The Connétable of St. Brelade asked the following question of the Minister for the Environment which the Deputy Bailiff had allowed in accordance with Standing Order 15 relating to urgent oral questions –
"Given that Border Inspection Posts have been closed by the French Government in St. Malo and Granville, will the Minister advise what further action, if any, the Government intends to take to prevent E.U. fishing vessels from working in Jersey waters whilst Jersey vessels are prevented from landing catches in their usual markets; and whether the Government is considering any financial support package for Jersey fishermen during this period?"
Oral Questions without notice (see Official Report/Hansard)
The Minister for Housing and Communities answered questions without notice from members.
The Minister for Economic Development, Tourism, Sport and Culture answered questions without notice from members.
The Chief Minister answered questions without notice from members. Arrangement of public business for the present meeting
THE STATES, adopting a proposition of the Minister for Social Security, agreed, in accordance with Standing Order 87(2)(b), that consideration of the Draft Social Security (Amendment of Law - Minimum Earnings Threshold) (Jersey) Regulations 202- would be deferred from the present meeting to the meeting on 23rd November 2021.
Members present voted as follows –
POUR: 25 CONTRE: 18 ABSTAIN: 0
Senator L.J. Farnham Senator T.A. Vallois Senator S.C. Ferguson Senator K.L. Moore Senator J.A.N. Le Fondré Senator S.Y. Mézec
STATES MINUTES
Connétable of St. Helier Connétable of St. Saviour Connétable of Trinity Connétable of St. Peter Connétable of St. Mary 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 J.H. Young (B) Deputy L.B.E. Ash (C) Deputy G.C.U. Guida (L) Deputy of St. Peter
Deputy of Trinity
Deputy of St. John
2nd November 2021
Connétable of St. Brelade Connétable of Grouville Connétable of St. Martin Deputy G.P. Southern (H) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy of St. Martin Deputy L.M.C. Doublet (S) Deputy K.F. Morel (L) 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)
THE STATES, adopting a proposition of the Chief Minister, agreed in accordance with Standing Order 26(7), to reduce the minimum lodging period in respect of the amendment of the Council of Ministers (P.86/2021 Amd.) to the proposition of the Corporate Services Scrutiny Panel entitled Competent Authorities Ministers: Release of minutes of meetings to Scrutiny' (P.86/2021) in order that it might be debated at the present meeting.
Members present voted as follows –
POUR: 26 CONTRE: 15 ABSTAIN: 0
Senator L.J. Farnham Senator J.A.N. Le Fondré Connétable of St. Helier Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen 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. 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)
Senator T.A. Vallois Senator K.L. Moore
Senator S.Y. Mézec Connétable of St. Martin Deputy G.P. Southern (H) Deputy M. Tadier (B) Deputy of St. Martin Deputy L.M.C. Doublet (S) 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)
Deputy G.C.U. Guida (L) Deputy of St. Peter Deputy of Trinity
Competent Authorities Ministers: Release of minutes of meetings to Scrutiny P.86/2021
THE STATES, commencing consideration of a proposition of the Corporate Services Scrutiny Panel entitled Competent Authorities Ministers: Release of minutes of meetings to Scrutiny' (P.86/2021), commenced consideration of an amendment of the Council of Ministers (P.86/2021 Amd.).
Adjournment
THE STATES adjourned, having agreed to reconvene on Wednesday 3rd November 2021 to continue consideration of the proposition of the Corporate Services Scrutiny Panel entitled Competent Authorities Ministers: Release of minutes of meetings to Scrutiny' (P.86/2021), the accompanying amendment, and the other outstanding items of public business listed for the meeting.
THE STATES rose at 5.35 p.m.
L.-M. HART Deputy Greffier of the States