States Assembly | States Minutes 16th December 2022

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THE STATES assembled on Friday 16th December 2022, at 9.00 a.m. under the Presidency of the Bailiff ,

Sir Timothy John Le Cocq .

__________________

His Excellency the Lieutenant Governor, Vice-Admiral Jeremy Paul Kyd, C.B.E. was present. __________________

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

Connétable Kevin Charles Lewis of St. Saviour – en défaut (défaut raised at 9.29 a.m.)

Deputy Montfort Tadier of St. Brelade – en défaut (défaut raised at 9.28 a.m.)

Deputy Lyndon John Farnham of St. Mary , St. Ouen and St. Peter – en défaut (défaut raised at 9.44 am.) Deputy Kristina Louise Moore of St. Mary , St. Ouen and St. Peter – en défaut (défaut raised at 9.28 a.m.)

__________________

Prayers were read by the 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.

Recent tragic events – Message from His Majesty The King

His Excellency the Lieutenant Governor delivered a message to the Bailiff from His Majesty The King, received following the recent tragic events in the Island in which the fishing vessel L'Ecume II had been involved in a collision on 8th December 2022 with the loss of 3 lives, and in which an explosion had furthermore occurred at Haut du Mont in Pier Road on 10th December 2022 causing the loss of life, damage and the forced relocation of surviving residents.

The Bailiff read the message from His Majesty The King as follows –

"My wife and I have been so dreadfully shocked and saddened by the terrible tragedies in St. Helier and at sea off St. Ouen 's Bay.

At this time of great sorrow and grief, my deepest possible sympathy and condolences go to the families and friends who have lost their loved ones, and to all Islanders who have been affected by these heart-breaking events.

Your immeasurable sense of loss and anguish is very keenly felt and, in the days ahead, the people of the Bailiwick of Jersey will remain in my thoughts and prayers."

Proposed Government Plan 2023-2026 (P.97/2022)

THE STATES resumed consideration of a proposition of the Council of Ministers entitled Proposed Government Plan 2023-2026' (P.97/2022), as amended, and, resuming consideration of an amendment of the Council of Ministers (P.97/2022 Amd.(21)), rejected an amendment of Thomas Antony Coles of St. Helier South (P.97/2022 Amd.(21)Amd.) that, for the words "This Head of Expenditure is also expected to be used to secure sites relating to the use of the Gas Place for a new primary school. The school would be set in an extension to the Millennium Town Park", there should be substituted the words –

"This Head of Expenditure is also expected to be used to secure sites relating to a new primary school on either the Gas Place or the former Play.com site (BOA Warehouse), with a rapid review of both options to be brought to the Assembly within 100 days. The school would be either set in an extension of or adjacent to the Millennium Town Park".

Members present voted as follows –

POUR: 21 CONTRE: 24 ABSTAIN: 0

Connétable of St. Helier Connétable of St. Lawrence Connétable of Trinity Connétable of St. Martin Connétable of St. Clement Deputy C.F. Labey

Deputy M. Tadier

Deputy S.G. Luce

Deputy M.R. Le Hegarat Deputy R.J. Ward

Deputy C.S. Alves

Deputy L.J Farnham Deputy S.Y. Mézec Deputy T.A. Coles

Deputy B.B.S.V.M. Porée Deputy C.D . Curtis

Deputy L.V. Feltham Deputy H.L. Jeune

Deputy A. Howell

Deputy R.S. Kovacs Deputy B. Ward

Connétable of St. Brelade Connétable of St. Peter Connétable of St. John Connétable of Grouville Connétable of St. Ouen Connétable of St. Mary Deputy K.F. Morel Deputy S.M. Ahier Deputy I. Gardiner Deputy I.J. Gorst

Deputy K.L. Moore Deputy P.F.C. Ozouf Deputy P.M. Bailhache Deputy D.J. Warr Deputy H.M. Miles Deputy M.R. Scott Deputy J. Renouf

Deputy R.E. Binet Deputy M.E. Millar Deputy T.J.A. Binet Deputy M.R. Ferey Deputy A.F. Curtis Deputy L.K.F Stephenson Deputy M.B. Andrews

THE STATES noted that, in accordance with the provisions of Standing Order 106, Deputy Samuel Yves Mézec of St. Helier South declared an interest in the subject of the amendment of Deputy Thomas Antony Coles of St. Helier South (P.97/2022 Amd.(21)Amd.) to the amendment of the Council of Ministers (P.97/2022 Amd.(21)) to the proposition of the Council of Ministers, in that he was the tenant of a property adjacent to the Play.com site.

Changes in Presidency

The Bailiff retired from the Chamber prior to consideration of the proposition of the Council of Ministers entitled Proposed Government Plan 2023-2026' (P.97/2022) and the meeting continued under the presidency of Mrs. Lisa-Marie Hart , Greffier of the States.

Arrangement of public business for the present meeting

THE STATES noted that, in accordance with Standing Order 34(1), the Connétable of St. Helier had informed the Greffier of the States that his amendment (P.97/2022 Amd.(21)Amd.(2)) to the amendment of the Council of Ministers (P.97/2022 Amd.(21)) to the proposition of the Council of Ministers entitled Proposed Government Plan 2023-2026' (P.97/2022) had been withdrawn.

Proposed Government Plan 2023-2026 (P.97/2022)

THE STATES resumed consideration of a proposition of the Council of Ministers entitled Proposed Government Plan 2023-2026' (P.97/2022), as amended, and, adopting the amendment of the Council of Ministers (P.97/2022 Amd.(21)), agreed that, in paragraph (i), re-designated as paragraph (j), after the words "set out in Appendix 3 to the Report" there should be inserted the words –

"except that, on Page 55, after the words "while the review of the project is concluded." insert the following words –

"This Head of Expenditure is also expected to be used to secure sites relating to the use of the Gas Place for a new primary school. The school would be set in an extension to the Millennium Town Park and Islanders should enjoy the maximum possible community access to and use of its facilities. In addition, the current Springfield School and Le Bas Centre sites will be transformed into new community open spaces, helping to create green access corridors for moving to and around the new school, and improvements to public realm and local active travel access routes, including to St. Saviour schools."".

Members present voted as follows –

POUR: 43 CONTRE: 1 ABSTAIN: 0 Connétable of St. Lawrence Connétable of St. Helier

Connétable of St. Brelade

Connétable of St. Peter

Connétable of St. John

Connétable of St. Clement

Connétable of Grouville

Connétable of St. Ouen

Connétable of St. Mary

Connétable of St. Saviour

Deputy G..P. Southern

Deputy M. Tadier

Deputy S.G. Luce

Deputy K.F. Morel

Deputy S.M. Ahier

Deputy R.J. Ward

Deputy C.S. Alves

Deputy I. Gardiner

Deputy I.J. Gorst

Deputy L.J Farnham

Deputy K.L. Moore

Deputy S.Y. Mézec

Deputy P.F.C. Ozouf

Deputy P.M. Bailhache

Deputy T.A. Coles

Deputy B.B.S.V.M. Porée

Deputy D.J. Warr Deputy H.M. Miles Deputy M.R. Scott Deputy J. Renouf

Deputy C.D . Curtis Deputy L.V. Feltham Deputy R.E. Binet Deputy H.L. Jeune Deputy M.E. Millar Deputy A. Howell Deputy T.J.A. Binet Deputy M.R. Ferey Deputy R.S. Kovacs Deputy A.F. Curtis Deputy B. Ward

Deputy K.M. Wilson Deputy L.K.F Stephenson Deputy M.B. Andrews

THE STATES, resuming consideration of the proposition of the Council of Ministers, as amended, commenced consideration of an amendment of the Connétable of St. Helier (P.97/2022 Amd.(6)) and, adopting an amendment of the Council of Ministers (P.97/2022 Amd.(6)Amd.), agreed that, for the words "including the design and implementation of" there should be substituted the words "including the provision of" and that, after the words "walking and cycling routes", the remaining words should be deleted.

THE STATES, adopting the amendment of the Connétable of St. Helier , as amended, agreed that, in paragraph (i), re-designated as paragraph (j), after the words "Appendix 3 to the Report" there should be inserted the words –

", except that in Table 47 on page 81, after the words "Carbon Neutral Initiatives" insert the words "including the provision of cycling and walking routes".

Members present voted as follows –

POUR: 44 CONTRE: 0 ABSTAIN: 0 Connétable of St. Helier Deputy I. Gardiner

Connétable of St. Brelade

Connétable of Trinity

Connétable of St. Peter

Connétable of St. Martin

Connétable of St. John

Connétable of St. Clement

Connétable of Grouville

Connétable of St. Ouen

Connétable of St. Mary

Connétable of St. Saviour

Deputy G..P. Southern

Deputy C.F. Labey

Deputy M. Tadier

Deputy S.G. Luce

Deputy K.F. Morel

Deputy M.R. Le Hegarat

Deputy S.M. Ahier

Deputy R.J. Ward

Deputy C.S. Alves

Deputy I.J. Gorst

Deputy K.L. Moore Deputy S.Y. Mézec Deputy P.F.C. Ozouf Deputy T.A. Coles Deputy B.B.S.V.M. Porée Deputy D.J. Warr

Deputy H.M. Miles Deputy M.R. Scott Deputy J. Renouf

Deputy K.M. Wilson Deputy L.K.F Stephenson Deputy M.B. Andrews

THE STATES resumed consideration of the proposition of the Council of Ministers, as amended, and, adopting the proposition, received the Government Plan 2023–2026 specified in Article 9(1) of the Public Finances (Jersey) Law 2019 ("the Law") and specifically –

approved the estimate of total States income to be paid into the Consolidated Fund in 2023 as set out in Appendix 2 – Summary Table 1 to the Report, which was inclusive of the proposed taxation and Impôts duties changes outlined in the Government Plan, in line with Article 9(2)(a) of the Law, except that –

the estimate of income in 2023 for Impôts Duty on Tobacco should be amended to £19,483,000, to reflect an increase in tobacco duty on hand rolling tobacco of 16.8%, on cigars of 18.4% and other tobacco products of 15.4%;
in Summary Table 1 –

total States income from Stamp Duty and Land Transfer Tax should be amended in accordance with the following table, with sum total rows updated accordingly –

2023 Estimate

2024 Estimate

2025 Estimate

2026 Estimate

Stamp Duty

51,000

51,376

53,442

56,187

Land Transfer

Tax

6,887

7,155

7,397

7,718

the total income arising from Future Tax Measures should be reduced in each of the years 2024-2026 by £3,063,000, with sum total rows updated accordingly;
reference to "Land Transfer Tax (LTT)" should be amended to "Land Transaction Tax (LTT)"; and

total States income in 2023 should be reduced by £330,000 following the introduction of a new "rent-a-room" income tax relief to commence in the year of assessment 2023;

approved the proposed Changes to Approval for financing/borrowing for 2023, as shown in Appendix 2 – Summary Table 2 to the Report, which might be obtained by the Minister for Treasury and Resources, as and when required, in line with Article 9 (2)(c) of the Law, of up to those revised approvals, except that –

referring to their Act of 7th October 2021, in which they approved the funding of Our Hospital through borrowing (external financing), they agreed that such approval extended to the funding of ongoing work on the development of future healthcare facilities during 2023; and
in Summary Table 2, the "Borrowing for Our Hospital" should be renamed "Borrowing for Healthcare facilities", and the maximum amount which might be borrowed for these purposes be set at £90,071,000, with the change to approval in Summary Table 2 amended to £-665,929,000 with the figure in each of the columns headed 2023, 2024, 2025 and 2026 in Summary Table 2 to be amended accordingly to reflect this change;

approved the transfers from one States fund to another for 2023 of up to and including the amounts set in Appendix 2 – Summary Table 3 in line with Article 9(2)(b) of the Law, except that –

the transfers from the Health Insurance Fund to the Consolidated Fund (Revenue) and Consolidated Fund (Capital) should be reduced to £0 for 2023 and 2024;
a new line should be inserted in Summary Table 3 to include a transfer of £800,000 from the Health Insurance Fund to the Consolidated Fund to allocate funds for the provision of a scheme to allow children and young people from 0 years to 17 years of age to receive free G.P. consultations; and
in Summary Table 3, the transfer from the Strategic Reserve to the Consolidated Fund should be amended as follows –

the transfer for Hospital capital should be amended to £51,500,000 for 2023 and zero in all future years; and
the transfer for Hospital borrowing should be amended to £4,200,000 in each of 2023 and 2024, £3,900,000 in 2025 and £3,500,000 in 2026;

approved each major project that was to be started or continued in 2023 and the total cost of each such project and any amendments to the proposed total cost of a major project under a previously approved Government Plan, in line with Article 9(2)(d), (e) and (f) of the Law and as set out in Appendix 2 - Summary Table 4 to the Report, except that –

(i) in Summary Table 4 –

the Total Project Approval for Our Hospital should be amended to £77,116,000 with the Change amended to £-727,384,000; and
the following row should be added to the end of the table, with Healthcare facilities' to include £8,860,000 spent in 2022 on Les Quennevais under the Our Hospital Head of Expenditure –

Spons Supply Previous Total Project

£'000 Dept Dept Approval Approval Change Healthcare facilities HCS IHE - 60,360 60,360

approved the proposed amount to be appropriated from the Consolidated Fund for 2023, for each Head of Expenditure, being gross expenditure less estimated income (if any), in line with Articles 9(2)(g), 10(1) and 10(2) of the Law, and set out in Appendix 2 – Summary Tables 5(i) and (ii) of the Report, except that –

in Summary Table 5(i), the line for Infrastructure, Housing and Environment should be replaced with two new lines as follows –

Head of £'000 Income Expenditure Expenditure

Infrastructure 22,950 68,201 45,251 Environment 8,227 18,481 10,254

in Summary Table 5(i) to allocate funds to enable the extension of the provision of travel for individuals accompanying patients travelling out of the Island to receive treatment arranged by the Health and Community Services Department, such funding to be informed by a review of the process by which travel was provided and purchased for travel, in order to ensure the provision was patient centred and the best value for money was being achieved –

i. the Head of Expenditure for Health and Community Services should be increased by £350,000;

in Summary Table 5(i) the Head of Expenditure for Health and Community Services should be increased by £800,000 to allocate funds for the provision of a scheme to allow children and young people from 0 years to 17 years of age to receive free G.P. consultations; and
in Summary Table 5(i), the line for Department for the Economy should be replaced with two new lines as follows –

Head of £'000 Income Expenditure Expenditure

Economic Development, Tourism, - 32,526 32,526 Sport & Culture

Financial Services - 7,738 7,738

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, should it be required in excess of existing funding, to extend the Avanchi18 bus scheme to –

all full-time students who were 19 years and older, to include students in full-time education undertaking Higher Education at Highlands College, Colleges and Universities in the UK or abroad; and
all trainees and apprentices (who access education through Highlands College and/or who received funding from the Skills Jersey Trackers Scheme);

the General Reserve Head of Expenditure should be reduced by £12,450,000 for the purposes of funding the Jersey Care Model, the Jersey Care Model – Digital Systems and the Digital Care Strategy;
in Summary Table 5(i), the Head of Expenditure for Our Hospital – Financing Costs should be replaced with the following –

Head of £'000 Income Expenditure Expenditure Healthcare facilities - financing

costs - 4,200 4,200

(viii)in Summary Table 5(ii) the 2023 Head of Expenditure for Infrastructure Rolling Vote and

Regeneration including St. Helier would include preparatory work for St. Helier urban renewal work including Havre des Pas, with additional funding of £300,000 in 2024 and £350,000 in each of 2025 and 2026 to be included in future Government Plans;

in summary table 5(ii), the Head of Expenditure for the Community Fund should be reduced by £330,000; and
in Summary Table 5(ii), the Head of Expenditure for Our Hospital should be replaced with the following –

Major Sponsor Supply 2023 £'000 Project Department Department Estimate Healthcare facilities M HCS IHE 51,500

approved the estimated income, being estimated gross income less expenditure, that each States trading operation would pay into its trading fund in 2023 in line with Article 9(2)(h) of the Law and set out in Appendix 2 – Summary Table 6 to the Report;
approved the proposed amount to be appropriated from each States trading operation's trading fund for 2023 for each head of expenditure in line with Article 9(2)(i) of the Law and set out in Appendix 2 – Summary Table 7 to the Report;
approved the estimated income and expenditure proposals for the Climate Emergency Fund for 2023 as set out in Appendix 2 – Summary Table 8 to the Report;
referring to their act of 7th October 2021, in which they had agreed to amend the Strategic Reserve Fund policy, so as to allow the Fund to be used to support the delivery of Our Hospital agreed that the policy should be amended to allow the Fund to also be used to support the ongoing work on the development of future healthcare facilities proposed to be undertaken during 2023 and the borrowing costs for such work; and
approved, in accordance with Article 9(1) of the Law, the Government Plan 2023-2026, as set out at Appendix 3 to the Report, except that –

after the words "and Enveloped Property Transactions Tax (EPTT')." on page 33, there should be inserted the words "To support the Island's housing needs, Ministers are also proposing an exemption to the higher rate for property developers who purchase and develop residential property for resale, in the course of their trade";
on page 33 of Appendix 3, after the words "relatively short period of time." a new section should be inserted as follows –

"Enhanced capital allowances

Currently businesses are able, under part 12A of the Income tax (Jersey) Law 1961, to claim capital allowances on qualifying capital expenditure to offset against allowable profits at a rate set at 25% per annum on a reducing balance basis.

As part of the 2024 Budget, which will be delivered in 2023 and focus on innovation and enterprise, Ministers will consider a range of measures to encourage and stimulate investment, including the case for increasing the rate for capital allowances available to businesses that make qualifying capital purchases.";

underneath Table 10 on page 34, there should be inserted the heading "Rent-a-room tax relief" below which there should be inserted the words "Ministers are proposing a rent-a- room income tax relief, under which lodging income of £10,000 a year or less will be exempt from income tax. If lodging income exceeds £10,000 the full amount would be taxable in the normal way but would benefit from the existing concessional treatment. This proposal is intended to encourage better use of existing housing stock and allow Islanders to generate additional income while providing accommodation at a fair rent to ease the housing strain. The required legislative changes will be made by an amendment to the Draft Finance (2023 Budget) (Jersey) Law 202- and would come into force for the year of assessment 2023 and future years";
on page 37, the words "The wider scheme, which was noted in the mini-budget replaces and improves the commitment made by the Assembly in P.66/2022", should be substituted with the following words –

"The Assembly's decision made to exempt all menstrual sanitary products from GST will however be respected unless a specific proposition rescinding that decision is brought forward and adopted by the Assembly";

on page 46 an additional bullet point should be added to the list under the heading "Objectives of the Value for Money Programme", with the following text inserted –

"The Council of Ministers will continually seek to identify opportunities for joint working with Guernsey which could generate improved value for money through collaboration, whether through revenue savings or more effective services";

page 69 should be amended accordingly to reflect the ongoing work on the development of future healthcare facilities during 2023;
on Page 55, after the words "while the review of the project is concluded." the following words should be inserted –

(viii) in Table 47 on page 81, after the words "Carbon Neutral Initiatives" there should be

inserted the words "including the provision of cycling and walking routes".

Members present voted as follows –

POUR: 37 CONTRE: 11 ABSTAIN: 0

Connétable of St. Helier Deputy G..P. Southern Connétable of St. Lawrence Deputy M. Tadier Connétable of St. Brelade Deputy R.J. Ward Connétable of Trinity Deputy C.S. Alves

STATES MINUTES

Connétable of St. Peter Connétable of St. Martin Connétable of St. John Connétable of St. Clement Connétable of Grouville Connétable of St. Ouen Connétable of St. Mary Connétable of St. Saviour Deputy C.F. Labey Deputy S.G. Luce

Deputy K.F. Morel Deputy M.R. Le Hegarat Deputy S.M. Ahier Deputy I. Gardiner Deputy I.J. Gorst

Deputy K.L. Moore Deputy P.F.C. Ozouf Deputy P.M. Bailhache Deputy D.J. Warr

Deputy H.M. Miles Deputy M.R. Scott Deputy J. Renouf

Deputy R.E. Binet Deputy H.L. Jeune Deputy M.E. Millar Deputy A. Howell Deputy T.J.A. Binet Deputy M.R. Ferey Deputy A.F. Curtis Deputy B. Ward

Deputy K.M. Wilson Deputy L.K.F Stephenson Deputy M.B. Andrews

16th December 2022

Deputy L.J Farnham Deputy S.Y. Mézec Deputy T.A. Coles Deputy B.B.S.V.M. Porée Deputy C.D . Curtis Deputy L.V. Feltham Deputy R.S. Kovacs

Draft Finance (2023 Budget) (Jersey) Law 202- P.102/2022

THE STATES commenced consideration of the Draft Finance (2023 Budget) (Jersey) Law 202- and adopted the principles.

Members present voted as follows –

POUR: 44 CONTRE: 0 ABSTAIN: 0

Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Connétable of Trinity Connétable of St. John Connétable of St. Clement Connétable of Grouville Connétable of St. Ouen Connétable of St. Mary Connétable of St. Saviour Deputy G..P. Southern Deputy C.F. Labey

Deputy M. Tadier Deputy S.G. Luce Deputy K.F. Morel Deputy M.R. Le Hegarat Deputy S.M. Ahier Deputy R.J. Ward Deputy C.S. Alves Deputy I. Gardiner Deputy I.J. Gorst

Deputy L.J Farnham Deputy K.L. Moore Deputy S.Y. Mézec Deputy P.F.C. Ozouf Deputy P.M. Bailhache Deputy B.B.S.V.M. Porée Deputy D.J. Warr

Deputy H.M. Miles Deputy M.R. Scott Deputy J. Renouf

Deputy C.D . Curtis Deputy L.V. Feltham Deputy R.E. Binet Deputy H.L. Jeune Deputy M.E. Millar Deputy T.J.A. Binet Deputy M.R. Ferey Deputy R.S. Kovacs Deputy A.F. Curtis Deputy B. Ward

Deputy K.M. Wilson Deputy L.K.F Stephenson Deputy M.B. Andrews

THE STATES, noting that in accordance with Standing Order 72(10) the draft Law could not be referred to any scrutiny panel, commenced consideration of Articles 1 to 64 and, adopting the first two parts of an amendment of the Minister for Treasury and Resources (P.102/2022 Amd.(4)), agreed that –

for Article 3, there should be substituted –

"In Article 3 –

after the definition "international activities" there is inserted –

""liability to tax" includes income chargeable in a year of assessment at a rate of 0%;";

for the definition "officer" there is substituted –

""officer" has the same meaning as in the Revenue Administration (Jersey) Law 2019;"; and

after Article 17, there should be inserted –

"18 Article 120AA (rent-a-room arrangements) inserted

After Article 120 (exemption of consular officers and employees) there is inserted –

"120AA Exemption in respect of rent-a-room arrangements

Exemption from income tax is granted in respect of the gross receipts from an arrangement to which this Article applies ("a rent-a-room arrangement") where the gross receipts from those arrangements are £10,000 or less in the year of assessment.
Where the gross receipts in the year of assessment exceed £10,000, the whole of those receipts are taxable in accordance with this Law.
A rent-a-room arrangement is an arrangement where –

a person provides a room in the dwelling that is that person's main residence for rent to another person;
the person to whom the room is rented is –

aged 18 or over, and
not a connected person within the meaning of Article 3A;
1. the premises in which the room is located are not required to be registered as a guest house under Article 5 of the Tourism (General Provisions) (Jersey) Order 1990; and

the room is not a residential unit within the meaning of Article 2 of the Residential Tenancy (Jersey) Law 2011.

Despite paragraph (3)(b)(i) a room may be occupied by a person under the age of 18 if –

the person has been placed in the room by an appropriate organisation; or
it is rented to and occupied by a person aged 18 or over who has parental responsibility within the meaning of the Children (Jersey) Law 2002 for the person under the age of 18.

In paragraph (4) "an appropriate organisation" means an organisation that the Comptroller is satisfied has in place appropriate policies and procedures to safeguard people under the age of 18 when placing them in accommodation."

and the subsequent Articles re-numbered accordingly.

THE STATES resumed consideration of Articles 1 to 65, as amended and re-numbered, and adopting an amendment of Deputy Max Brennan Andrews of St. Helier North (P.102/2022 Amd.)) agreed that, for Article 41, as re-numbered, there should be substituted –

"41 Excise duty: tobacco

In Schedule 1, Part 2 for the table in paragraph 6 there is substituted –

"Type of tobacco	Rate of excise duty per kilogramme (£)
(a) unprocessed tobacco	531.75
(b) cigars	609.24
(c) cigarettes	696.54
(d) hand-rolling tobacco	696.54
(e) processed tobacco other than types (b) to (d)	554.12"

THE STATES resumed consideration of Articles 1 to 65, as amended and re-numbered, and adopting the third to eighth parts of an amendment of the Minister for Treasury and Resources (P.102/2022 Amd.(4)), agreed that –

in Article 48, as re-numbered, in sub-paragraph (b), in the inserted definition "relevant property" after "to whom it is transferred" there should be inserted ", but does not include a dwelling acquired for the purpose of it forming part of the stock of a trade taxable under Article 51(1)(b) of the Income Tax (Jersey) Law 1961";

in Article 49, as re-numbered, in the inserted Article 8A for paragraph (1) there should be substituted –

"(1) Where a chargeable document relates to a relevant contract, the document must be

accompanied by statements by the person to whom the property is transferred indicating –

whether the property is a dwelling acquired for use as the main residence of that person; and
whether the property is a dwelling acquired for the purpose of it forming part of the stock of a trade taxable under Article 51(1)(b) of the Income Tax (Jersey) Law 1961.";

in Article 54, as re-numbered, in sub-paragraph (b), in the inserted Article 5 in paragraph (1) after "is transferred" there should be inserted ", but does not apply if the dwelling is acquired for the purpose of it forming part of the stock of a trade taxable under Article 51(1)(b) of the 1961 Law";

in Article 56, as re-numbered, in sub-paragraph (d), in the inserted paragraph (4A) for sub- paragraph (a) there should be substituted –

"(a) the higher rate applies where a significant interest in an entity is acquired by a person, and

that entity or its controlled entity own a property that is a dwelling acquired for a purpose other than use as the main residence of the person by whom the significant interest is acquired, but does not apply where the dwelling is acquired for the purpose of it forming part of the stock of a trade taxable under Article 51(1)(b) of the 1961 Law; and";

in Article 63, as re-renumbered, in sub-paragraph (a), after the inserted sub-paragraph (da) there should be inserted –

"(db) a declaration as to whether the property to which the share gives a right is a dwelling

being acquired for the purpose of it forming part of the stock of a trade taxable under Article 51(1)(b) of the 1961 Law;"; and

in Article 64, as re-numbered, after the inserted sub-paragraph (d) there should be inserted –

"(e) whether the property is a dwelling being acquired for the purpose of it forming part of the

stock of a trade taxable under Article 51(1)(b) of the 1961 Law of the person by whom the significant interest is acquired.".

THE STATES adopted Articles 1 to 65, as amended and re-numbered.

Members present voted as follows –

POUR: 46 CONTRE: 0 ABSTAIN: 0

Deputy M. Tadier

Deputy S.G. Luce

Deputy K.F. Morel

Deputy M.R. Le Hegarat Deputy S.M. Ahier

Deputy R.J. Ward

Deputy C.S. Alves

Deputy I. Gardiner

Deputy I.J. Gorst

Deputy L.J Farnham Deputy K.L. Moore Deputy S.Y. Mézec Deputy P.F.C. Ozouf Deputy P.M. Bailhache Deputy T.A. Coles

Deputy B.B.S.V.M. Porée Deputy D.J. Warr

Deputy H.M. Miles Deputy M.R. Scott

Deputy J. Renouf

Deputy C.D . Curtis

Deputy L.V. Feltham Deputy R.E. Binet

Deputy H.L. Jeune

Deputy M.E. Millar Deputy A. Howell

Deputy T.J.A. Binet Deputy M.R. Ferey

Deputy R.S. Kovacs Deputy A.F. Curtis

Deputy B. Ward

Deputy K.M. Wilson Deputy L.K.F Stephenson Deputy M.B. Andrews

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, adopted a Law entitled the Finance (2023 Budget) (Jersey) Law 202-.

Members present voted as follows –

POUR: 46 CONTRE: 0 ABSTAIN: 0

Deputy M. Tadier

Deputy S.G. Luce

Deputy K.F. Morel

Deputy M.R. Le Hegarat Deputy S.M. Ahier

Deputy R.J. Ward

Deputy C.S. Alves

Deputy I. Gardiner

Deputy I.J. Gorst

Deputy L.J Farnham Deputy K.L. Moore Deputy S.Y. Mézec Deputy P.F.C. Ozouf Deputy P.M. Bailhache Deputy T.A. Coles

Deputy B.B.S.V.M. Porée Deputy D.J. Warr

Deputy H.M. Miles Deputy M.R. Scott

Deputy J. Renouf

Deputy C.D . Curtis

Deputy L.V. Feltham Deputy R.E. Binet

Deputy H.L. Jeune

Deputy M.E. Millar Deputy A. Howell

Deputy T.J.A. Binet Deputy M.R. Ferey

Deputy R.S. Kovacs Deputy A.F. Curtis

Deputy B. Ward

Deputy K.M. Wilson Deputy L.K.F Stephenson Deputy M.B. Andrews

THE STATES, in accordance with the provisions of Standing Order 80A, made an Act under Article 12 of the Public Finances (Jersey) Law 2019, declaring that the taxation draft entitled the Finance (2023 Budget) (Jersey) Law 202- (lodged au Greffe on 31st October 2022 by the Minister for Treasury and Resources (P.102/2022) and adopted this day, as amended, in Third Reading by the States) had immediate effect as if that draft had been confirmed by His Majesty in Council and registered in the Royal Court on the date of the making of this Act.

Members present voted as follows –

POUR: 47 CONTRE: 0 ABSTAIN: 0

Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Connétable of Trinity Connétable of St. Martin Connétable of St. John Connétable of St. Clement Connétable of Grouville Connétable of St. Ouen Connétable of St. Mary Connétable of St. Saviour Deputy G..P. Southern Deputy C.F. Labey

Deputy M. Tadier

Deputy S.G. Luce

Deputy K.F. Morel

Deputy M.R. Le Hegarat Deputy S.M. Ahier

Deputy R.J. Ward

Deputy C.S. Alves

Deputy I. Gardiner

Deputy I.J. Gorst

Deputy L.J Farnham Deputy K.L. Moore Deputy S.Y. Mézec Deputy P.F.C. Ozouf Deputy P.M. Bailhache Deputy T.A. Coles

Deputy B.B.S.V.M. Porée Deputy D.J. Warr

Deputy H.M. Miles Deputy M.R. Scott

Deputy J. Renouf

Deputy C.D . Curtis

Deputy L.V. Feltham Deputy R.E. Binet

Deputy H.L. Jeune

Deputy M.E. Millar Deputy A. Howell

Deputy T.J.A. Binet Deputy M.R. Ferey

Deputy R.S. Kovacs Deputy A.F. Curtis

Deputy B. Ward

Deputy K.M. Wilson Deputy L.K.F Stephenson Deputy M.B. Andrews

Draft Criminal Justice (Deferred Prosecution Agreements) (Jersey) Law 202- P.103/2022

THE STATES commenced consideration of the Draft Criminal Justice (Deferred Prosecution Agreements) (Jersey) Law 202- and adopted the principles.

Members present voted as follows –

POUR: 46 CONTRE: 0 ABSTAIN: 0

Connétable of St. Lawrence Connétable of St. Brelade Connétable of Trinity Connétable of St. Peter Connétable of St. Martin Connétable of St. John Connétable of St. Clement Connétable of Grouville Connétable of St. Ouen Connétable of St. Mary Connétable of St. Saviour Deputy G..P. Southern Deputy C.F. Labey

Deputy M. Tadier

Deputy S.G. Luce

Deputy K.F. Morel

Deputy M.R. Le Hegarat Deputy S.M. Ahier

Deputy R.J. Ward

Deputy C.S. Alves

Deputy I. Gardiner

Deputy I.J. Gorst

Deputy L.J Farnham Deputy K.L. Moore Deputy S.Y. Mézec Deputy P.F.C. Ozouf Deputy P.M. Bailhache Deputy T.A. Coles

Deputy B.B.S.V.M. Porée Deputy D.J. Warr

Deputy H.M. Miles Deputy J. Renouf

Deputy C.D . Curtis

Deputy L.V. Feltham Deputy R.E. Binet

Deputy H.L. Jeune

Deputy M.E. Millar Deputy A. Howell

Deputy T.J.A. Binet Deputy M.R. Ferey

Deputy R.S. Kovacs Deputy A.F. Curtis

Deputy B. Ward

Deputy K.M. Wilson Deputy L.K.F Stephenson Deputy M.B. Andrews

THE STATES, having been informed that the relevant scrutiny panel had indicated that it did not wish to scrutinise the draft legislation, commenced consideration of Article 1 to 20 and Schedules 1 and 2 and, adopting an amendment of the Minister for Home Affairs (P.103/2022 Amd.), agreed that, in Article 9 –

in paragraph (6), for "provides information or documents to the independent monitor" there should be substituted "provides a statement to the independent monitor pursuant to a requirement"; and
in paragraph (7), for "information or documents" there should be substituted "statement".

THE STATES adopted Articles 1 to 20 and Schedules 1 and 2, as amended.

Members present voted as follows –

POUR: 46 CONTRE: 0 ABSTAIN: 0

Deputy M. Tadier

Deputy K.F. Morel

Deputy M.R. Le Hegarat Deputy S.M. Ahier

Deputy R.J. Ward

Deputy C.S. Alves

Deputy I. Gardiner

Deputy I.J. Gorst

Deputy L.J Farnham Deputy K.L. Moore Deputy S.Y. Mézec Deputy P.F.C. Ozouf Deputy P.M. Bailhache Deputy T.A. Coles

Deputy B.B.S.V.M. Porée Deputy D.J. Warr

Deputy H.M. Miles Deputy M.R. Scott

Deputy J. Renouf

Deputy C.D . Curtis

Deputy L.V. Feltham Deputy R.E. Binet

Deputy H.L. Jeune

Deputy M.E. Millar Deputy A. Howell

Deputy T.J.A. Binet Deputy M.R. Ferey Deputy R.S. Kovacs Deputy A.F. Curtis Deputy B. Ward

Deputy K.M. Wilson Deputy L.K.F Stephenson Deputy M.B. Andrews

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, adopted a Law entitled the Criminal Justice (Deferred Prosecution Agreements) (Jersey) Law 202-.

Members present voted as follows –

POUR: 48 CONTRE: 0 ABSTAIN: 0

Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Connétable of Trinity Connétable of St. Peter Connétable of St. Martin Connétable of St. John Connétable of St. Clement Connétable of Grouville Connétable of St. Ouen Connétable of St. Mary Connétable of St. Saviour Deputy G.P. Southern Deputy C.F. Labey

Deputy M. Tadier

Deputy S.G. Luce

Deputy K.F. Morel

Deputy M.R. Le Hegarat Deputy S.M. Ahier

Deputy R.J. Ward

Deputy C.S. Alves

Deputy I. Gardiner

Deputy I.J. Gorst

Deputy L.J Farnham Deputy K.L. Moore Deputy S.Y. Mézec Deputy P.F.C. Ozouf Deputy P.M. Bailhache Deputy T.A. Coles

Deputy B.B.S.V.M. Porée Deputy D.J. Warr

Deputy H.M. Miles Deputy M.R. Scott

Deputy J. Renouf

Deputy C.D . Curtis

Deputy L.V. Feltham Deputy R.E. Binet

Deputy H.L. Jeune

Deputy M.E. Millar Deputy A. Howell

Deputy T.J.A. Binet Deputy M.R. Ferey Deputy R.S. Kovacs Deputy A.F. Curtis Deputy B. Ward

Deputy K.M. Wilson Deputy L.K.F Stephenson

Deputy M.B. Andrews

Draft Non-Profit Organisations (Amendment of Law) (Jersey) Regulations 202- P.104/2022

THE STATES commenced consideration of the Draft Non-Profit Organisations (Amendment of Law) (Jersey) Regulations 202- and adopted the principles.

Members present voted as follows –

POUR: 46 CONTRE: 0 ABSTAIN: 0

Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Connétable of Trinity Connétable of St. Peter Connétable of St. Martin Connétable of St. John Connétable of St. Clement Connétable of Grouville Connétable of St. Mary Connétable of St. Saviour Deputy G..P. Southern Deputy C.F. Labey

Deputy M. Tadier

Deputy S.G. Luce

Deputy K.F. Morel

Deputy M.R. Le Hegarat Deputy S.M. Ahier

Deputy R.J. Ward

Deputy C.S. Alves

Deputy I. Gardiner

Deputy I.J. Gorst

Deputy L.J Farnham Deputy K.L. Moore Deputy S.Y. Mézec Deputy P.F.C. Ozouf Deputy P.M. Bailhache Deputy T.A. Coles

Deputy B.B.S.V.M. Porée Deputy D.J. Warr

Deputy H.M. Miles Deputy M.R. Scott

Deputy J. Renouf

Deputy C.D . Curtis

Deputy L.V. Feltham Deputy R.E. Binet

Deputy H.L. Jeune

Deputy A. Howell

Deputy T.J.A. Binet Deputy M.R. Ferey Deputy R.S. Kovacs Deputy A.F. Curtis Deputy B. Ward

Deputy K.M. Wilson Deputy L.K.F Stephenson Deputy M.B. Andrews

THE STATES, having been informed that the relevant scrutiny panel had indicated that it did not wish to scrutinise the draft legislation, adopted Regulations 1 to 3.

Members present voted as follows –

POUR: 47 CONTRE: 0 ABSTAIN: 0

Deputy M. Tadier

Deputy S.G. Luce

Deputy K.F. Morel

Deputy M.R. Le Hegarat Deputy S.M. Ahier

Deputy R.J. Ward

Deputy C.S. Alves

Deputy I. Gardiner

Deputy I.J. Gorst

Deputy L.J Farnham Deputy K.L. Moore Deputy S.Y. Mézec Deputy P.F.C. Ozouf Deputy P.M. Bailhache Deputy T.A. Coles

Deputy B.B.S.V.M. Porée Deputy D.J. Warr

Deputy H.M. Miles Deputy M.R. Scott

Deputy J. Renouf

Deputy C.D . Curtis

Deputy L.V. Feltham Deputy R.E. Binet

Deputy H.L. Jeune

Deputy M.E. Millar Deputy A. Howell

Deputy T.J.A. Binet Deputy M.R. Ferey Deputy R.S. Kovacs Deputy A.F. Curtis Deputy B. Ward

Deputy K.M. Wilson Deputy L.K.F Stephenson Deputy M.B. Andrews

THE STATES made Regulations entitled the Non-Profit Organisations (Amendment of Law) (Jersey) Regulations 2022 under Article 2(3) of the Non-Profit Organizations (Jersey) Law 2008.

Members present voted as follows –

POUR: 48 CONTRE: 0 ABSTAIN: 0

Deputy M. Tadier

Deputy S.G. Luce

Deputy K.F. Morel

Deputy M.R. Le Hegarat Deputy S.M. Ahier

Deputy R.J. Ward

Deputy C.S. Alves

Deputy I. Gardiner

Deputy I.J. Gorst

Deputy L.J Farnham Deputy K.L. Moore Deputy S.Y. Mézec Deputy P.F.C. Ozouf Deputy P.M. Bailhache Deputy T.A. Coles

Deputy B.B.S.V.M. Porée Deputy D.J. Warr

Deputy H.M. Miles Deputy M.R. Scott

Deputy J. Renouf

Deputy C.D . Curtis

Deputy L.V. Feltham Deputy R.E. Binet

Deputy H.L. Jeune

Deputy M.E. Millar Deputy A. Howell

Deputy T.J.A. Binet Deputy M.R. Ferey Deputy R.S. Kovacs Deputy A.F. Curtis Deputy B. Ward

Deputy K.M. Wilson Deputy L.K.F Stephenson Deputy M.B. Andrews

Draft Food (Jersey) Law 202- P.105/2022

THE STATES commenced consideration of the Draft Food (Jersey) Law 202-.

Arrangement of public business for the present meeting

THE STATES rejected a proposition of Deputy Lyndon John Farnham of St. Mary, St. Ouen and St. Peter that the meeting should continue without a lunchtime adjournment until consideration of all business had been completed.

Members present voted as follows –

POUR: 18 CONTRE: 23 ABSTAIN: 0

Connétable of St. Lawrence Connétable of St. Martin Connétable of St. John Connétable of St. Mary Deputy G..P. Southern Deputy C.F. Labey

Deputy M. Tadier

Deputy R.J. Ward

Deputy C.S. Alves

Deputy I. Gardiner

Deputy I.J. Gorst

Deputy L.J Farnham Deputy B.B.S.V.M. Porée Deputy D.J. Warr

Deputy C.D . Curtis

Deputy A.F. Curtis

Deputy B. Ward

Deputy L.K.F Stephenson

Connétable of St. Helier Connétable of St. Brelade Connétable of Trinity Connétable of St. Peter Connétable of Grouville Connétable of St. Ouen Connétable of St. Saviour Deputy S.G. Luce Deputy K.F. Morel Deputy M.R. Le Hegarat Deputy S.M. Ahier Deputy P.F.C. Ozouf Deputy T.A. Coles Deputy H.M. Miles Deputy M.R. Scott Deputy J. Renouf

Deputy L.V. Feltham Deputy H.L. Jeune Deputy M.E. Millar Deputy A. Howell Deputy M.R. Ferey Deputy K.M. Wilson Deputy M.B. Andrews

Draft Food (Jersey) Law 202- P.105/2022

THE STATES resumed consideration of the Draft Food (Jersey) Law 202- and adopted the principles. Members present voted as follows –

POUR: 43 CONTRE: 0 ABSTAIN: 0

Deputy M. Tadier

Deputy S.G. Luce

Deputy M.R. Le Hegarat Deputy S.M. Ahier

Deputy C.S. Alves

Deputy I. Gardiner

Deputy I.J. Gorst

Deputy L.J Farnham Deputy S.Y. Mézec Deputy P.F.C. Ozouf Deputy T.A. Coles

Deputy B.B.S.V.M. Porée Deputy D.J. Warr

Deputy H.M. Miles Deputy M.R. Scott

Deputy J. Renouf

Deputy C.D . Curtis

Deputy L.V. Feltham Deputy R.E. Binet

Deputy H.L. Jeune

Deputy M.E. Millar Deputy A. Howell

Deputy T.J.A. Binet Deputy M.R. Ferey

Deputy R.S. Kovacs Deputy A.F. Curtis

Deputy B. Ward

Deputy K.M. Wilson Deputy L.K.F Stephenson Deputy M.B. Andrews

THE STATES, having been informed that the relevant scrutiny panel had indicated that it did not wish to scrutinise the draft legislation, adopted Articles 1 to 63 and Schedules 1 and 2.

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, adopted a Law entitled the Food (Jersey) Law 202-.

Members present voted as follows –

POUR: 43 CONTRE: 0 ABSTAIN: 0

Deputy M.R. Le Hegarat Deputy S.M. Ahier Deputy C.S. Alves Deputy I. Gardiner Deputy I.J. Gorst

Deputy L.J Farnham Deputy S.Y. Mézec Deputy P.F.C. Ozouf Deputy T.A. Coles Deputy B.B.S.V.M. Porée Deputy D.J. Warr

Deputy H.M. Miles Deputy M.R. Scott Deputy J. Renouf

Deputy K.M. Wilson Deputy L.K.F Stephenson Deputy M.B. Andrews

THE STATES noted that, in accordance with the provisions of Standing Order 106, the Connétable of St. Clement , the Connétable of Grouville , Deputy Philip Francis Cyril Ozouf of St. Saviour , Deputy David James Warr of St. Helier South and Deputy Alexander Frederick Curtis of St. Clement all declared an interest in the subject of the Draft Food (Jersey) Law 202-, in that they all operated a food business that would require licensing under the Draft Law, if adopted.

Arrangement of public business for future meetings

THE STATES, adopting a proposition of the Minister for the Environment, agreed, in accordance with Standing Order 26(7), to reduce the minimum lodging period in respect of the Draft Sea Fisheries (TCA – Licensing of Fishing Boats) (Amendment of Law and Regulations) (No. 2) (Jersey) Regulations 202- in order that they might be debated at the meeting on 17th January 2023.

THE STATES agreed the following arrangement of public business for future meetings proposed, as amended, by the Chair of the Privileges and Procedures Committee in accordance with the provisions of Standing Order 88(3) –

17th January 2023

Rent Control Tribunal: Chair and Member nominations. P.106/2022. Lodged: 1st November 2022, Minister for Housing and Communities.

Note: The debate would resume following the decision by the Assembly on 24th November 2022 that the proposition should be referred back to the Minister for Housing and Communities in order that further information relating to the proposition could be provided to the Assembly.

Re-instatement of Senators. P.108/2022. Lodged: 14th November 2022, Deputy I.J. Gorst of St. Mary , St. Ouen and St. Peter .

Re-instatement of Senators (P.108/2022): amendment. P.108/2022. Lodged: 14th November 2022, Deputy K.F. Morel of St. John, St. Lawrence and Amd. Trinity .

Re-instatement of Senators (P.108/2022): second amendment. P.108/2022. Lodged: 14th November 2022, Deputy M.R. Scott of St. Brelade . Amd.(2).

Draft Social Security (Amendment of Law No. 17) (Jersey) Regulations 202-. P.110/2022. Lodged: 18th November 2022, Minister for Social Security.

Draft Health Insurance Fund (Miscellaneous Provisions) (Amendment No.4) (Jersey) P.111/2022. Law 202-.

Lodged: 22nd November 2022, Minister for Social Security.

Draft Marriage and Civil Partnership (Amendments) (Jersey) Law 202-. P.112/2022. Lodged: 5th December 2022, Minister for Home Affairs.

Draft Proceeds of Crime (Consequential and Miscellaneous) (Jersey) Regulations 202-. P.113/2022. Lodged: 6th December 2022, Minister for External Relations and Financial Services.

Assembly approval for supplementary planning guidance. P.114/2022. Lodged: 14th December 2022, Deputy M.R. Scott of St. Brelade .

Draft Sea Fisheries (TCA – Licensing of Fishing Boats) (Amendment of Law and P.115/2022. Regulations) (No. 2) (Jersey) Regulations 202-.

Lodged: 15th December 2022, Minister for the Environment.

Compliments of the season

The Bailiff exchanged compliments of the season with all Members, represented by the Connétable of St. Helier on behalf of the Connétable s and Deputy Geoffrey Peter Southern of St. Helier Central on behalf of the Deputies.

THE STATES rose at 2.35 p.m.

L.-M. HART Greffier of the States