States Minutes 6th October 2021

THE STATES assembled on Wednesday 6th October 2021, at 9.30 a.m. under

the Presidency of the Bailiff , Timothy John Le Cocq , Esquire.

 __________________

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.

 __________________

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

Senator Ian Joseph Gorst – absent on States business (joined at 3.26 p.m.)

Senator Sarah Craig Ferguson – excused attendance (joined at 10.04 a.m.)

Deputy Geoffrey Peter Southern of St. Helier – excused attendance (arrived in the Chamber at 10.04 a.m.) Deputy Jeremy Martin Maçon of St. Saviour – excused attendance (joined at 5.25 p.m.)

Deputy Jessica Harriet Perchard of St. Saviour – ill

 __________________

Prayers read by the Deputy Greffier of the States __________________

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

States  of  Jersey  Law  2005:  Delegation of  Functions –  Minister  for  Economic  R.160/2021. Development, Tourism, Sport and Culture – Appointment of Assistant Ministers.

Presented: 6th October 2021, Minister for Economic Development, Tourism, Sport and

Culture.

Transfers  between  Heads  of  Expenditure  under  The  Public Finances  (Jersey)  R.161/2021. Law 2019: Article 18 – 1st October 2021.

Presented: 6th October 2021, Minister for Treasury and Resources.

Urgent Oral Question

(see Official Report/Hansard)

Deputy Inna Gardiner of St. Helier asked the following question of the Chief Minister which the Bailiff had allowed in accordance with Standing Order 15 relating to urgent oral questions –

"In view of the fact that NMCN, the lead contractor in the project to upgrade the waste water processing facility at Bellozanne, entered administration on 4th October, what are the implications for the project and what steps does the Government plan to take to protect local contractors from financial losses as a result of the firm's failure?"

Proposal to suspend Standing Order 104A

THE STATES, adopting a proposition of Senator Tracey Anne Vallois, agreed, in accordance with Standing Order 80, to suspend Standing Order 104A for the duration of the consideration of the proposition of the Council of Ministers entitled Our Hospital – Budget, Financing and Land Assembly' (P.80/2021), and associated amendments, in order that no time limit could be applied to speeches made during consideration of the proposition.

Members present voted as follows –

POUR: 27 CONTRE: 19 ABSTAIN: 0

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. Brelade Connétable of St. Peter Connétable of St. Ouen Connétable of St. Martin Connétable of St. John Deputy G.P. Southern (H) Deputy of Grouville

Deputy K.C. Lewis (S) Deputy M.R. Higgins (H) Deputy of St. Martin Deputy of St. Ouen

Deputy of St. Mary

Deputy J.H. Young (B) Deputy K.F. Morel (L) 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)

Connétable of St. Helier Connétable of St. Saviour Connétable of Grouville Connétable of Trinity Connétable of St. Mary Connétable of St. Clement Deputy J.A. Martin (H) Deputy M. Tadier (B) Deputy S.J. Pinel (C) Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) 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 of St. John

Deputy S.M. Ahier (H)

Our Hospital – Budget, Financing and Land Assembly P.80/2021

THE STATES, commencing consideration of a proposition of the Council of Ministers entitled Our Hospital – Budget, Financing and Land Assembly' (P.80/2021), commenced consideration of an amendment of the Connétable of St. Helier (P.80/2021 Amd.) and, adopting an amendment of the Council of Ministers (P.80/2021 Amd.Amd.), agreed that –

in the proposed paragraph (e) subparagraph (i) after the words "Appendix 1", the remaining words should be deleted;

in the proposed paragraph (e), subparagraph (iii), the words "Subject to the implementation of" should be deleted;

the proposed paragraph (e), subparagraphs (iii)(a) to (c) should be re-designated as a new paragraph (f);

in the new paragraph (f), before the words "the act of the States", there should be inserted the words "that the planning application submitted for consideration should fully describe the mitigations to address"; and

in the new paragraph (f), subparagraphs (a) to (c) all references to the "Parish of St. Helier " should be replaced with " Connétable of St. Helier ", in subparagraph (b) "agreement" should be replaced with "consultation" and in subparagraph (c) the word "agreed" should be deleted and the words "provided in consultation" should be inserted.

THE STATES, adopting the amendment of the Connétable of St. Helier , as amended, agreed that –

in sub-paragraph (e)(i), after the words "to the site", for the words "as identified" there should be substituted the words "as identified as the permanent site area";

in sub-paragraph (e)(iii), after the words, "provisions of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961", there should be inserted the words: ", not to be executed until the successful determination of the Planning Application for the new hospital and access road";

there should be inserted a new paragraph (f) with the words –

"(f) that the planning application submitted for consideration should fully describe the

mitigations to address the Act of the States dated 1st February 2021, which approved the preferred primary access option for a new hospital at Overdale, including the following decisions –

1. the minimising of any reduction in the green space and tree planting in People's Park and Westmount Road and their environs, and any other Parish land impacted by highway improvements in relation to the new hospital project, and the replacement of any green areas that are lost and any lost trees in consultation with the Connétable of St. Helier and Jersey Trees for Life;
2. the relocation and replacement of any existing community facilities that are impacted by the development of the new hospital access roads, in consultation with the Connétable of St. Helier ; and
3. the replacement of any parking facilities that are lost due to the development of the new hospital access roads at a location to be provided in consultation with the Connétable of St. Helier .".

THE STATES, resuming consideration of the proposition of the Council of Ministers, as amended, commenced consideration of an amendment of the Future Hospital Review Panel (P.80/2021 Amd.(2)).

Adjournment

THE STATES, adopting a proposition of Senator Lyndon John Farnham , adjourned, having agreed to reconvene on Thursday 7th October 2021 to continue consideration of the proposition of the Council of Ministers entitled Our Hospital – Budget, Financing and Land Assembly' (P.80/20210), as amended, and the other outstanding items of public business listed for the meeting.

Members present voted as follows –

POUR: 34  CONTRE: 13  ABSTAIN: 1

Senator I.J. Gorst  Senator S.C Ferguson   Deputy G.C.U. Guida (L) Senator L.J. Farnham  Senator T.A. Vallois

Senator J.A.N. Le Fondré  Senator K.L. Moore

Senator S.Y. Mézec  Senator S.W. Pallett

Connétable of St. St. Helier   Connétable of St. Ouen

Connétable of St. Lawrence   Deputy of Grouville

Connétable of St. Saviour   Deputy K.C. Lewis (S)

Connétable of St. Brelade   Deputy M. Tadier (B)

Connétable of Grouville   Deputy of St. Martin

Connétable of Trinity   Deputy K.F. Morel (L)

Connétable of St. Peter   Deputy S.M. Ahier (H)

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

Connétable of St. Martin   Deputy K.G. Pamplin (S)

Connétable of St. John

Connétable of St. Clement

Deputy J.A. Martin (H)

Deputy G.P. Southern (H)

Deputy M.R. Higgins (H)

Deputy J.M. Maçon (S)

Deputy S.J. Pinel (C)

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 of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H)

Deputy C.S. Alves (H)

Deputy I. Gardiner (H)

THE STATES rose at 5.27 p.m.

L.-M. HART Deputy Greffier of the States