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THE STATES assembled on Tuesday 18th January 2022, at 9.30 a.m. under the Presidency of the Bailiff ,
Timothy John Le Cocq , Esquire.
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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.
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All members were present at roll call with the exception of –
Connétable Deidre Wendy Mezbourian of St. Lawrence – excused attendance Deputy Jeremy Martin Maçon of St. Saviour – excused attendance
Deputy Scott Michael Wickenden of St. Helier – excused attendance
Deputy Charles Hugh Raymond of Trinity – 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.
Subordinate enactments tabled
The following enactments were tabled, namely –
Regulation of Care (Standards and Requirements) (Reinstatement of Covid-19 R&O.151/2021. Modifications) (Jersey) Order 2021.
Minister for External Relations and Financial Services.
Social Security (Class 1 Minimum Earnings Threshold) (Jersey) Order 2021. R&O.153/2021. Minister for Social Security.
Social Security (Collection of Class 1 and Class 2 Contributions) (Amendment) R&O.154/2021. (Jersey) Order 2021.
Control of Housing and Work (Fees) (Amendment No. 4) (Jersey) Order 2021. R&O.155/2021. Chief Minister.
Nursing Homes (2022 Fees) (Jersey) Order 2021. R&O.157/2021. Chief Minister.
Marriage and Civil Partnership (Amendments – Fees) (Jersey) Order 2021. R&O.159/2021. Minister for Home Affairs.
Home Affairs (Fire and Rescue and Petroleum) (2022 Fees) (Jersey) Order 2021. R&O.160/2021. Minister for Home Affairs.
Social Security (Television Licence Benefit – Income Threshold) (Amendment) R&O.162/2021. (Jersey) Order 2021.
Infrastructure (Driver and Vehicle Standards – 2022 Fees) (Jersey) Order 2021. R&O.165/2021. Minister for Infrastructure.
Road Works (Permit Fees) (Amendment) (Jersey) Order 2021. R&O.166/2021. Minister for Infrastructure.
Road Traffic (Public Parking Places – Charges) (Amendment No. 6) (Jersey) Order R&O.167/2021. 2021.
Road Traffic (Parking) (General Provisions and Penalties) (Repeal) (Jersey) Order R&O.168/2021. 2021.
Environment (2022 Fees) (Jersey) Order 2021. R&O.169/2021. Minister for the Environment.
Documents presented
Draft Financial Services Commission (Amendment No. 8) (Jersey) Law 202- P.104/2021. (P.104/2021): comments. Com. Presented: 13th January 2022, Economic and International Affairs Scrutiny Panel.
Draft Commercial Vehicles (Licensing of Operators) (Jersey) Law 202- (P.118/2021): P.118/2021. comments. Com. Presented: 14th January 2022, Environment, Housing and Infrastructure Scrutiny Panel.
Rent Safe Scheme (P.121/2021): comments. P.121/2021. Presented: 13th January 2022, Minister for the Environment. Com. Consultants-Use by the Government of Jersey (P.59-2019) - Report by the Chief R.187/2021. Minister - December 2021.
Presented: 20th December 2021, Chief Minister.
P.28/2021 Broad Street Active Travel Corridor and Public Realm Review Report. R.188/2021. Presented: 20th December 2021, Minister for Infrastructure.
Review of Jersey's Incapacity Benefits. R.189/2021. Presented: 22nd December 2021, Minister for Social Security.
Social Security Review: incapacity benefits – Expert report on future design of R.189/2021. incapacity benefits system. Add. Presented: 22nd December 2021, Minister for Social Security.
Tracking Comptroller and Auditor General Recommendations. R.190/2021. Presented: 22nd December 2021, Comptroller and Auditor General.
Publication of Legal Aid Guidelines. R.191/2021. Presented: 23rd December 2021, Chief Minister.
Jersey Care Model Update Report 2021. R.192/2021. Presented: 24th December 2021, Minister for Health and Social Services.
States of Jersey Law 2005: Delegation of Functions – Minister for Health and Social R.193/2021. Services – Consolidated Schedule December 2021.
Presented: 24th December 2021, Minister for Health and Social Services.
Presented: 4th January 2022, Minister for Treasury and Resources.
Commissioner for Standards: Investigation of complaint of breach of the Code of R.2/2022. Conduct for elected members by Deputy M.R. Higgins of St. Helier .
Presented: 5th January 2022, Privileges and Procedures Committee.
Policy Guidance in respect of Standing Order 53(2): Parental Responsibilities. R.3/2022. Presented: 11th January 2022, Privileges and Procedures Committee.
Regulation of Investigatory Powers (Jersey) Law 2005 and Police Procedures and R.4/2022. Criminal Evidence (Jersey) Law 2003: Report of the Investigatory Powers
Commissioner 1st January – 31st December 2020.
Fiscal Policy Panel: Re-appointment of Member. R.5/2022. Presented: 17th January 2021, Minister for Treasury and Resources.
Records Advisory Panel: Appointment of Chair and Members. R.6/2022. Presented: 17th January 2021, Minister for Economic Development, Tourism, Sport
Order in Council regarding the attachment of Jersey to the Diocese of Salisbury and R.8/2022. adoption of new canons.
Presented: 18th January 2021, Chief Minister.
GST Personal Importation Review: Phase 1 (S.R. 15/2021) – Response of the Minister S.R.15/2021. for Treasury and Resources. Res. Presented: 17th January 2022, Minister for Treasury and Resources.
Government Plan 2022-2025 Scrutiny Review (Economic and International Affairs S.R.17/2021. Scrutiny Panel) (S.R.17/2021): Response of the Minister for International Development. Res. Presented: 11th January 2022, Minister for International Development.
Regulations for the licence application, production and export of Medicinal Cannabis SR.1/2022. on Jersey.
Presented: 6th January 2022, Economic and International Relations Scrutiny Panel.
Notification of lodged propositions
Radiotherapy Unit in Jersey (P.113/2021): amendment. P.113/2021. Lodged: 11th January 2021, Minister for Health and Social Services. Amd.
Re-opening of Samarès Ward (P.115/2021): amendment. P.115/2021. Lodged: 11th January 2021, Minister for Health and Social Services. Amd.
Draft Taxation (Enveloped Property Transactions) (Jersey) Law 202-. P.119/2021. Lodged: 20th December 2021, Minister for Treasury and Resources.
Draft Social Security (Amendment of Law – Minimum Earnings Threshold) (No. 2) P.120/2021. (Jersey) Regulations 202-.
Lodged: 20th December 2021, Minister for Social Security.
Rent Safe Scheme. P.121/2021. Lodged: 21st December 2021, Senator K.L. Moore .
Draft Connétable s (Amendment No. 3) (Jersey) Law 202-. P.122/2021. Lodged: 23rd December 2021, Comité des Connétable s.
Draft Proceeds of Crime (Amendment No. 5) (Jersey) Law 202-. P.123/2021. Lodged: 23rd December 2021, Minister for External Relations and Financial Services
Draft Proceeds of Crime (Enforcement of Confiscation Orders) (Amendment) (Jersey) P.124/2021. Regulations 202-.
Lodged: 23rd December 2021, Minister for External Relations and Financial Services.
Draft Court of Appeal (Amendment No. 9) (Jersey) Law 202-. P.125/2021. Lodged: 23rd December 2021, Minister for External Relations and Financial Services.
Amendment (No. 54) to Standing Orders – Amendments to the Code of Conduct for P.1/2022. elected members and related matters.
Lodged: 4th January 2021, Privileges and Procedures Committee.
Tenancy notice period. P.2/2022. Lodged: 7th January 2021, Senator S.Y. Mézec .
Draft Criminal Procedure (Consequential Amendments – Access to Justice) (Jersey) P.4/2022. Regulations 202-.
Lodged: 14th January 2022, Chief Minister.
Draft Marriage and Civil Status (Amendment No.5) (Jersey) Law 202- P.6/2022. Lodged: 17th January 2022, Minister for Home Affairs.
Covid-19 hospital patients visitor access. P.8/2022. Lodged: 17th January 2022, Deputy M. Tadier of St. Brelade .
Draft Children (Arrangements to Assist Children to Live Outside Jersey) (Amendment) P.9/2022. (Jersey) Law 202-.
Lodged: 18th January 2022, Minister for Children and Education.
Draft Ecclesiastical Legislation (Consequential Amendments) (Jersey) Law 202-. P.10/2022. Lodged: 18th January 2022, Chief Minister.
Trade Marks, Registered Designs and Patents (Application Forms) (Jersey) Regulations P.11/2022. 202-.
Lodged: 18th January 2022, Minister for External Relations and Financial Services.
Order in Council: adoption of new Canons. P.12/2022. Lodged: 18th January 2022, Chief Minister.
Written Questions
(see Official Report/Hansard)
WQ.506/2021 1. The Minister for Health and Social Services had tabled an answer on 20th December 2021 to
WQ.507/2021 2. The Minister for Health and Social Services had tabled an answer on 20th December 2021 to
Oral Questions
(see Official Report/Hansard)
OQ.4/2022 1. Deputy I. Gardiner of St. Helier asked a question of the Minister for Infrastructure regarding to
damage to the Energy from Waste plant.
OQ.8/2022 2. Deputy K.G. Pamplin of St. Saviour asked a question of the Minister for the Environment
regarding the Regulation of Care (Standards and Requirements) (Reinstatement of Covid-19 Modifications) Order 2021.
OQ.13/2022 3. Senator T.A. Vallois asked a question of the Chair of the States Employment Board regarding
succession planning in the public sector.
OQ.2/2022 4. Senator S.Y. Mézec asked a question of the Minister for Treasury and Resources regarding the
accreditation of States-owned bodies as Living Wage employers.
OQ.16/2022 5. Senator K.L. Moore asked a question of the Minister for Health and Social Services regarding
the treatment of spinal cord injuries.
OQ.14/2022 6. Deputy K.F. Morel of St. Lawrence asked a question of the Minister for Home Affairs regarding
violent crimes committed by men against women.
OQ.12/2022 7. Deputy J.M. Maçon of St. Saviour asked a question of the Chair of the Privileges and Procedures
Committee regarding the implementation of Diversity Working Group' (P.118/2019), as amended.
OQ.17/2022 8. Deputy J. H. Perchard of St. Saviour asked a question of the Minister for Housing and
Communities regarding the number of Islanders considered to be homeless.
OQ.10/2022 9. Deputy R.J. Ward of St. Helier asked a question of the Minister for Health and Social Services
regarding the occurrence of Paediatric Inflammatory Multisystem Syndrome.
OQ.1/2022 10. Senator S.C. Ferguson asked a question of the Vice-Chair of the States Employment Board
regarding the policy governing contact between senior managers and their direct reports outside of standard working hours.
OQ.6/2022 11. Deputy M.R. Higgins of St. Helier asked a question of the Minister for the Environment
regarding the Norfolk Police investigation of the Planning department.
OQ.15/2022 12. The Connétable of St. Helier asked a question of the Minister for the Environment regarding
the planning application process for the new Hospital.
OQ.9/2022 13. Deputy K.G. Pamplin of St. Saviour asked a question of the Minister for Health and Social
Services regarding the former Samarès Ward .
OQ.5/2022 14. Deputy I. Gardiner of St. Helier asked a question of the Minister for Health and Social Services
regarding public engagement in respect of the Jersey Care Model.
OQ.3/2022 15. Senator S.Y. Mézec asked a question of the Minister for Infrastructure regarding the roadworks
at Havre des Pas.
THE STATES noted that, in accordance with Standing Order 63(9), a written response would be provided to the following oral questions that had not been asked during the time allowed at the meeting –
OQ.11/2022 16. Deputy R.J. Ward of St. Helier asked a question of the Minister for Infrastructure regarding the
Highway Code.
OQ.7/2022 17. Deputy M.R. Higgins of St. Helier asked a question of the Minister for the Environment
regarding the Planning and Building (General Development) (Jersey) Order 2011.
Suspension of meeting
The Bailiff , during the period of Oral Questions with notice suspended the meeting until 2.15 p.m., in accordance with Standing Order 46, in order that members could attend the funeral service of the late Mr. Gary Burgess.
Oral Questions without notice (see Official Report/Hansard)
The Minister for Home Affairs answered questions without notice from members. The Minister for Infrastructure 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 Deputy Montfort Tadier of St. Brelade , agreed, in accordance with Standing Order 80, to suspend Standing Order 32 in order that his proposition entitled Covid-19 hospital patients visitor access' (P.8/2022) might be listed for consideration at the present meeting; and further agreed in accordance with Standing Order 26(7), to reduce the minimum lodging period in respect of the same proposition in order that it might be debated at the present meeting.
Members present voted as follows –
POUR: 37 CONTRE: 7 ABSTAIN: 0
Senator I.J. Gorst
Senator T.A. Vallois Senator K.L. Moore
Senator S.W. Pallett
Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Saviour Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy G.P. Southern (H) Deputy of Grouville
Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy of St. Martin Deputy of St. Ouen
Deputy L.M.C. Doublet (S) Deputy of St. Mary
Deputy G.J. Truscott (B) Deputy J.H. Young (B) 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 J.H. Perchard (S) Deputy R.J. Ward (H)
Senator S.C. Ferguson Connétable of St. Peter Deputy J.A. Martin (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy S.M. Wickenden (H) Deputy L.B.E. Ash (C)
Deputy C.S. Alves (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)
THE STATES rejected a proposition of Deputy Montfort Tadier of St. Brelade that his proposition entitled Covid-19 hospital patients visitor access' (P.8/2022) should be considered as the first item of public business at the meeting.
Members present voted as follows –
POUR: 12 CONTRE: 32 ABSTAIN: 0
Senator L.J. Farnham Senator T.A. Vallois Senator K.L. Moore
Senator S.Y. Mézec Connétable of St. Mary Deputy G.P. Southern (H) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy L.M.C. Doublet (S) Deputy M.R. Le Hegarat (H) Deputy R.J. Ward (H) Deputy C.S. Alves (H)
Senator I.J. Gorst
Senator S.C. Ferguson Senator J.A.N. Le Fondré Senator S.W. Pallett Connétable of St. Helier Connétable of St. Brelade 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 of Grouville
Deputy K.C. Lewis (S) 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 S.M. Ahier (H) Deputy J.H. Perchard (S) Deputy I. Gardiner (H)
Adjournment
THE STATES adjourned, having agreed to reconvene on Wednesday 19th January 2022 to consider the items of public business listed for the meeting.
THE STATES rose at 5.23 p.m.
DR. M. EGAN Greffier of the States