States Assembly | States Minutes 21st September 2022

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THE STATES assembled on Wednesday 21st September 2022, at 9.30 a.m. under the Presidency of the Bailiff ,

Sir Timothy John Le Cocq .

__________________

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

Connétable Alan Simon Crowcroft of St. Helier – en défaut (défaut raised at 2.14 p.m.)

Connétable Deidre Wendy Mezbourian of St. Lawrence – excused attendance

Deputy Geoffrey Peter Southern of St. Helier Central – excused attendance

Deputy Lyndon John Farnham of St. Mary , St. Ouen and St. Peter – en défaut (défaut raised at 9.57 a.m.)

__________________

Prayers 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.

Documents presented

Fiscal Stimulus Update Report – June 2022 R.127/2022. Presented: 21st September 2022, Minister for Treasury and Resources. (re-issue).

Tribute to the late Mrs. Iris Medora Le Feuvre, former member of the States

The Bailiff paid tribute to the late Mrs. Iris Medora Le Feuvre, former Connétable and Deputy of St. Lawrence . The States observed one minute's silence as a mark of respect.

Tribute to the late Mrs. Sarah Craig Ferguson, former member of the States

The Bailiff paid tribute to the late Mrs. Sarah Craig Ferguson, former Senator and Deputy of St. Brelade . The States observed one minute's silence as a mark of respect.

Deputy Greffier of the States – oath of office

The Bailiff administered the oath of office to the newly appointed Deputy Greffier of the States, Mr. William John Charles Millow .

Mini-Budget 2022 P.80/2022

THE STATES, resuming consideration of a proposition of the Council of Ministers entitled Mini- Budget 2022' (P.80/2022), as amended, resumed consideration of an amendment of Deputy Samuel Yves Mézec of St. Helier South (P.80/2022 Amd.(2)) and rejected the amendment that, after paragraph (e), there should be inserted a new paragraph (f) as follows –

"(f) introducing residential rent controls for a period of two years to include, but not limited to –

the suspension of rent increases;
the transference of both fixed-term and periodic tenancies to open-ended tenancies;

and with the Minister for Housing and Communities instructed to bring forward legislation to implement the above for debate before the Assembly on, or before, 1st November 2022".

Members present voted as follows –

POUR: 9 CONTRE: 35 ABSTAIN: 0

Deputy M. Tadier Deputy R.J. Ward Deputy C.S. Alves 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

Connétable of St. Brelade Connétable of Trinity 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 C.F. Labey Deputy S.G. Luce

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

Deputy L.J Farnham Deputy K.L. Moore Deputy P.F.C. Ozouf 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

THE STATES noted that, in accordance with the provisions of Standing Order 106, the following members declared an interest in the amendment of Deputy Samuel Yves Mézec of St. Helier South to the proposition of the Council of Ministers in that they were landlords –

The Connétable of St. Helier

The Connétable of St. Peter

The Connétable of St. Clement

Deputy Carolyn Fiona Labey of Grouville and St. Martin

Deputy Montfort Tadier of St. Brelade

Deputy Kirsten Francis Morel of St. John , St. Lawrence and Trinity Deputy Inna Gardiner of St. Helier North

Deputy Ian Joseph Gorst of St. Mary , St. Ouen and St. Peter Deputy Kristina Louise Moore of St. Mary , St. Ouen and St. Peter Deputy Philip Francis Cyril Ozouf of St. Saviour

Deputy Sir Philip Martin Bailhache of St. Clement

Deputy David James Warr of St. Helier South

Deputy Rosemary Esther Binet of Grouville and St. Martin

Deputy Hilary Louise Jeune of St. John , St. Lawrence and Trinity Deputy Thomas John Albert Binet of St. Saviour

Deputy Alexander Frederick Curtis of St. Clement

The Connétable of St. Clement

Deputy Samuel Yves Mézec of St. Helier South

Deputy Philip Francis Cyril Ozouf of St. Saviour

Deputy Jonathan Renouf of St. Brelade

Deputy Catherine Dolores Curtis of St. Helier Central

Deputy Hilary Louise Jeune of St. John , St. Lawrence and Trinity Deputy Raluca Stefana Kovacs of St. Saviour

Deputy Karen Margaret Wilson of St. Clement

Deputy Max Brennan Andrews of St. Helier North

The amendment of Deputy Geoffrey Peter Southern of St. Helier Central (P.80/2022 Amd.(10)) was not proposed, the minimum lodging period not having expired in time for the Assembly's consideration of the proposition of the Council of Ministers, and was deemed to have been withdrawn.

THE STATES resumed consideration of the proposition of the Council of Ministers, as amended, and, adopting the proposition, agreed that the following actions should be taken to address cost of living concerns –

increasing the personal income tax thresholds and allowances by 12% above the 2022 thresholds and allowances, in accordance with the Table in Appendix 2 of the report accompanying the proposition, to take effect for the year of assessment 2023;
temporarily reducing by 2 percentage points Class 1 and 2 social security contributions for the period 1st October 2022 to 31st December 2022, comprising a reduction, in respect of earnings below the standard earnings limit (S.E.L.), from 6% to 4% for the Class 1 employee contribution rate, and from 12.5% to 10.5% for the Class 2 contribution rate;
doubling the value of the Community Costs Bonus for 2022 by increasing the value of the bonus from £258.25 to £516.50.

increasing the current income threshold for access to the Community Cost Bonus to include all those households that did not have a combined a tax liability of more than £2,735 for the previous year;
extending the deadline by which applicants must apply for the Community Cost Bonus to no later than six months after the year end to which the application related, and correspondingly reducing the maximum late application extension to 1 month;

setting a fixed value at £70 per month for the Cold Weather Bonus and Cold Weather Payments, regardless of temperature, for the winter months (October 2022 to March 2023 inclusive); and
postponing the commencement of the obligation for offshore retailers to register under the Goods and Services Tax (Jersey) Law 2007 from 1st January 2023 to 1st July 2023.

Members present voted as follows –

POUR: 46 CONTRE: 0 ABSTAIN: 0

Connétable of St. Helier Connétable of St. Brelade Connétable of Trinity 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 C.F. Labey Deputy M. Tadier

Deputy S.G. Luce

Deputy L.M.C. Doublet 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 Finance (Budget - Cost of living) (Jersey) Law 202- P.81/2022

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

THE STATES, noting that in accordance with Standing Order 72(10) the draft Law could not be referred to any scrutiny panel, adopted Articles 1 to 7.

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

Members present voted as follows –

POUR: 46 CONTRE: 0 ABSTAIN: 0

Deputy S.G. Luce

Deputy L.M.C. Doublet 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 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, on the making of this Act, the taxation draft entitled the Finance (Budget – Cost of Living) (Jersey) Law 202- (lodged au Greffe on 2nd August 2022 by the Minister for Treasury and Resources (P.81/2022), as adopted this day 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.

Draft Social Security (Amendment of Law – Temporary Reduction of Contribution Rates) (Jersey) Regulations 202- P.82/2022

THE STATES commenced consideration of the Draft Social Security (Amendment of Law – Temporary Reduction of Contribution Rates) (Jersey) Regulations 202- and adopted the principles.

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 4.

THE STATES made Regulations entitled the Social Security (Amendment of Law – Temporary Reduction of Contribution Rates) (Jersey) Regulations 2022 under Article 50 of the Social Security (Jersey) Law 1974.

Members present voted as follows –

POUR: 46 CONTRE: 0 ABSTAIN: 0

Deputy S.G. Luce

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

Draft Community Costs Bonus (Amendment) (Jersey) Regulations 202- P.83/2022

THE STATES commenced consideration of the Draft Community Costs Bonus (Amendment) (Jersey) Regulations 202- and adopted the principles.

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 Regulations 1 and 2 and, commencing consideration of an amendment of Deputy Lyndsay Victoria Feltham of St. Helier Central (P.83/2022 Amd.), adopted an amendment of the Minister for Social Security (P.83/2022 Amd.Amd.), agreeing that, in the inserted paragraph (1) of Regulation 1, for the substituted paragraph (3), there should be substituted –

"(3) The second condition is that where an application for a bonus is made on behalf of the

household –

no member of the household was served with a notice of assessment under Article 25 of the Income Tax (Jersey) Law 1961 ("Income Tax Law") showing a liability to income tax for the year of assessment preceding the year to which the application relates; or
in the case of an application relating to the year 2022, the combined liability to income tax of all members of the household served with a notice of assessment under Article 25 of the Income Tax Law is not more than £2,735 for the 2021 year of assessment.".

THE STATES, adopting the amendment of Deputy Lyndsay Victoria Feltham of St. Helier Central , as amended, agreed that, in Regulation 1, immediately after the heading of Regulation 1, there should be inserted the following, with the existing text of Regulation 1 renumbered as paragraph 2 –

"(1) In Regulation 3 (qualifying conditions) of the Community Costs Bonus (Jersey) Regulations

2020, for paragraph (3) there is substituted –

"(3) The second condition is that where an application for a bonus is made on behalf of the

household –

no member of the household was served with a notice of assessment under Article 25 of the Income Tax (Jersey) Law 1961 ("Income Tax Law") showing a liability to income tax for the year of assessment preceding the year to which the application relates; or
in the case of an application relating to the year 2022, the combined liability to income tax of all members of the household served with a notice of assessment under Article 25 of the Income Tax Law is not more than £2,735 for the 2021 year of assessment."".

THE STATES, resuming consideration of Articles 1 and 2, as amended, commenced consideration of an amendment of Deputy Lyndsay Victoria Feltham of St. Helier Central (P.83/2022 Amd.(2)) and, adopting the amendment, agreed that, in Regulation 1 –

immediately after the heading of Regulation 1, there should be inserted –

"(1) In Regulation 4 (application for bonus) of the Community Costs Bonus (Jersey)

Regulations 2020, in paragraph (1)(a), after "relates" there is inserted "except in the case of the year 2022, an application in relation to that year must be made not later than 30th June 2023";

the existing text of Regulation 1 should be renumbered as paragraph (2); and
after new paragraph (2) of Regulation 1 there should be inserted –

"(3) In the Schedule (applications, determinations and appeals) to the Community Costs Bonus

(Jersey) Regulations 2020, in paragraph (3) (late application), after "6 months" there is inserted "or in the case of an application relating to the year 2022, the maximum extension is one month".

THE STATES adopted Regulations 1 and 2, as amended.

THE STATES made Regulations entitled the Community Costs Bonus (Amendment) (Jersey) Regulations 2022 under the Order in Council dated 28th March 1771.

Draft Cold Weather Bonus and Payments (Miscellaneous Amendments) (Jersey) Regulations 202- P.84/2022

THE STATES commenced consideration of the Draft Cold Weather Bonus and Payments (Miscellaneous Amendments) (Jersey) Regulations 202- and adopted the principles.

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 7.

THE STATES made Regulations entitled the Cold Weather Bonus and Payments (Miscellaneous Amendments) (Jersey) Regulations 2022 under Articles 8 and 18 of the Income Support (Jersey) Law 2007 and Article 4 of the Social Security (Bonus) (Jersey) Law 2014.

States of Jersey Development Company Ltd: Appointment of Non-Executive Director P.85/2022

THE STATES, adopting a proposition of the Minister for Treasury and Resources entitled States of Jersey Development Company Ltd: Appointment of Non-Executive Director' (P.85/2022) –

appointed Belinda Crosby as an additional Non-Executive Director of The States of Jersey Development Company Limited ("SoJDC") for an initial period of 3 years, in accordance with the Memorandum and Articles of Association, to take effect from the delivery to the Company of the notice referred to in paragraph (b) below; and
authorised the Greffier of the States, for and on behalf of the States, to deliver a notice to SoJDC in accordance with Article 21(b) of the Memorandum and Articles of Association to give effect to such appointment.

Composition of Rent Tribunal P.89/2022

THE STATES commenced consideration of a proposition of Deputy Geoffrey Peter Southern of St. Helier Central entitled Composition of Rent Tribunal' (P.89/2022), proposed by Deputy Samuel Yves Mézec of St. Helier South in accordance with Standing Order 68A(5), and, adopting the first part of an amendment of the Council of Ministers (P.89/2022 Amd.), agreed that, for the words "as amended" there should be substituted the words "as part of a wider modernisation of the Law".

Members present voted as follows –

POUR: 31

Connétable of St. Helier Connétable of St. Brelade Connétable of Trinity Connétable of St. Peter Connétable of St. John Connétable of St. Clement 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 I. Gardiner Deputy I.J. Gorst

Deputy L.J Farnham 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

CONTRE: 14 Connétable of Grouville Connétable of St. Mary Deputy C.F. Labey Deputy M. Tadier Deputy L.M.C. Doublet Deputy R.J. Ward Deputy C.S. Alves 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 R.S. Kovacs

ABSTAIN: 1 Deputy B. Ward

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

THE STATES, adopting the second, third and fourth parts of the amendment of the Council of Ministers, agreed that –

in paragraph (b), for the words "who represents landlords" there should be substituted the words "who is a landlord";

in paragraph (c), for the words "who represents tenants" there should be substituted the words "who is a tenant"; and

paragraph (d) should be deleted with paragraph (e) re-designated accordingly and the following new paragraph should be inserted –

"(e) Additional members as necessary to maintain a balanced and expert Tribunal able to make

informed judgements".

Members present voted as follows –

POUR: 36 CONTRE: 8 ABSTAIN: 2

Connétable of St. Helier Connétable of St. Mary Deputy B.B.S.V.M. Porée Connétable of St. Brelade Deputy M. Tadier Deputy R.S. Kovacs Connétable of Trinity Deputy R.J. Ward

Connétable of St. Peter Deputy C.S. Alves

Connétable of St. John Deputy S.Y. Mézec

Connétable of St. Clement Deputy T.A. Coles

Connétable of Grouville Deputy C.D . Curtis

Connétable of St. Ouen Deputy L.V. Feltham

Connétable of St. Saviour

Deputy C.F. Labey

Deputy S.G. Luce

Deputy L.M.C. Doublet

Deputy K.F. Morel

Deputy M.R. Le Hegarat

Deputy S.M. Ahier

Deputy I. Gardiner

Deputy I.J. Gorst

Deputy L.J Farnham

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

THE STATES resumed consideration of the proposition of Deputy Geoffrey Peter Southern of St. Helier Central , as amended, and rejected the proposition to request the Minister for Housing and Communities to amend Article 3 of the Dwelling Houses (Rent Control) (Jersey) Law 1946, as part of a wider modernisation of the Law, to appoint a Rent Control Tribunal which was constituted as follows –

1 member to act as Chair of the Tribunal;
1 member who was a landlord;
1 member who was a tenant;
1 member from the charitable sector with an understanding of homeless/consumer issues; and
Additional members as necessary to maintain a balanced and expert Tribunal able to make informed judgements.

Members present voted as follows –

POUR: 12 CONTRE: 23 ABSTAIN: 11

Deputy L.M.C. Doublet Connétable of St. Helier Deputy M. Tadier Deputy K.F. Morel Connétable of St. Brelade Deputy R.J. Ward Deputy S.M. Ahier Connétable of Trinity Deputy C.S. Alves Deputy I. Gardiner Connétable of St. Peter Deputy S.Y. Mézec Deputy L.J Farnham Connétable of St. John Deputy T.A. Coles Deputy K.L. Moore Connétable of St. Clement Deputy B.B.S.V.M. Porée Deputy D.J. Warr Connétable of Grouville Deputy C.D . Curtis Deputy H.M. Miles Connétable of St. Ouen Deputy L.V. Feltham Deputy J. Renouf Connétable of St. Mary Deputy H.L. Jeune Deputy M.R. Ferey Connétable of St. Saviour Deputy R.S. Kovacs Deputy A.F. Curtis Deputy C.F. Labey Deputy B. Ward

Deputy L.K.F Stephenson Deputy S.G. Luce

Deputy M.R. Le Hegarat

Deputy I.J. Gorst

Deputy P.F.C. Ozouf

Deputy P.M. Bailhache

Deputy M.R. Scott

Deputy R.E. Binet

Deputy M.E. Millar

Deputy A. Howell

Deputy T.J.A. Binet

Deputy K.M. Wilson

Deputy M.B. Andrews

Adjournment

THE STATES, adopting a proposition of Deputy Philip Francis Cyril Ozouf of St. Saviour , agreed to adjourn and to reconvene on Thursday 22nd September 2022 in order to consider in Committee the report of the Minister for External Relations and Financial Services entitled External Relations Common Policy Report' (R.124/2022).

Members present voted as follows –

POUR: 32 CONTRE: 13 ABSTAIN: 0

Connétable of St. Helier 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 M. Tadier

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 M.E. Millar Deputy A. Howell Deputy T.J.A. Binet Deputy M.R. Ferey Deputy R.S. Kovacs Deputy B. Ward

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

Connétable of St. Brelade Deputy C.F. Labey Deputy S.G. Luce Deputy L.M.C. Doublet Deputy K.F. Morel Deputy M.R. Le Hegarat Deputy S.M. Ahier Deputy R.J. Ward Deputy K.L. Moore Deputy P.M. Bailhache Deputy H.L. Jeune Deputy A.F. Curtis Deputy M.B. Andrews

THE STATES rose at 4.31 p.m.

L.-M. HART Greffier of the States