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States Minutes 24th November 2022

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THE STATES assembled on Thursday 24th November 2022, at 9.30 a.m. under the Presidency of the Bailiff ,

Sir Timothy John Le Cocq .

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

Connétable Marcus O'Donnel Troy of St. Clement – ill

Deputy Montfort Tadier of St. Brelade – en défaut (défaut raised at 9.56 a.m.)

Deputy Louise Mary Catherine Doublet of St. Saviour – ill

Deputy Kirsten Francis Morel of St. John , St. Lawrence and Trinity – ill

Deputy Carina Soares Alves of St. Helier Central – en défaut (défaut raised at 9.36 a.m.)

Deputy Inna Gardiner of St. Helier North – ill

Deputy David James Warr of St. Helier South – excused attendance (arrived in the Chamber at 12.00 p.m.)

 __________________

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.

Documents presented

Transfers between heads of expenditure under the Public Finances (Jersey) Law 2019:  R.161/2022. Article 18 – 21st November 2022 .

Presented: 24th November 2022, Minister for Treasury and Resources.

States of Jersey Law 2005: Delegation of Functions – Minister for External Relations  R.162/2022. and Financial Services – Delegation of Financial Services.

Presented:  24th  November  2022,  Minister  for  External  Relations  and  Financial

Services.

Notification of lodged propositions

Proposed Government Plan 2023-2026 (P.97/2022): eighth amendment.  P.97/2022. Stamp Duty on Wills of Immovable Estate  Amd.(8). Lodged: 24th November 2022, Deputy M.B. Andrews of St. Helier North .

Cost of living crisis – Removal of 5% goods and services tax (GST) from food (excluding alcoholic drinks) P.100/2022

THE STATES resumed consideration of a proposition of Deputy Raluca Stefana Kovacs of St. Saviour entitled Cost of living crisis – Removal of 5% goods and services tax (GST) from food (excluding alcoholic drinks)' (P.100/2022) and rejected the proposition –

  1. to refer to their Act dated 18th April 2007 in which they had approved the Draft Goods and Services Tax (Jersey) Law 200- and to agree to vary that decision in order to exempt or zero rate the following items –

-  food (excluding alcoholic drinks), to be based upon the zero-rating categorisation of food utilised by United Kingdom Value Added Tax arrangements, as set out in the Appendix A or such other categorisation identified by the Minister for Treasury and Resources that respects the principle of exempting or zero-rating these items; and

  1. to request the Minister of Treasury and Resources to bring forward for approval the necessary legislation to give effect to this decision at the earliest opportunity, but no later than 1st January 2024.

Members present voted as follows –

POUR: 17  CONTRE: 28  ABSTAIN: 0

Connétable of St. Lawrence   Connétable of St. Helier Connétable of St. Martin   Connétable of St. Brelade Connétable of St. Saviour Connétable of Trinity Deputy G.P. Southern Connétable of St. Peter Deputy C.F. Labey Connétable of St. John Deputy M. Tadier Connétable of Grouville Deputy M.R. Le Hegarat Connétable of St. Ouen Deputy S.M. Ahier Connétable of St. Mary Deputy R.J. Ward Deputy S.G. Luce

Deputy C.S. Alves Deputy I.J. Gorst

Deputy S.Y. Mézec Deputy L.J. Farnham Deputy T.A. Coles   Deputy K.L. Moore Deputy B.B. de S.V.M. Porée Deputy P.F.C. Ozouf Deputy C.D . Curtis Deputy Sir P.M. Bailhache Deputy L.V. Feltham   Deputy D.J. Warr

Deputy R.S. Kovacs   Deputy H.M. Miles Deputy M.B. Andrews 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

Changes in Presidency

The Bailiff retired from the Chamber during consideration of the proposition of Deputy Raluca Stefana Kovacs of St. Saviour entitled Cost of living crisis – Removal of 5% goods and services tax (GST) from food (excluding alcoholic drinks)' (P.100/2022) and the meeting continued under the Presidency of Mrs. Lisa-Marie Hart , Greffier of the States. The Bailiff returned to the Chamber during consideration of the same proposition and the meeting continued under his Presidency.

States of Jersey Development Company: reappointment of two non-Executive Directors P.101/2022

THE STATES commenced consideration of a proposition of the Minister for Treasury and Resources entitled States of Jersey Development Company: reappointment of two non-Executive Directors' (P.101/2022) and, adopting the proposition –

  1. re-appointed Tom Quigley and Richard Barnes as Non-Executive Directors of the States of Jersey Development Company Limited for a period of up to three 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
  2. authorised the Greffier of the States for and on behalf of the States to deliver a notice to the States of Jersey Development Company Limited in accordance with Article 21(b) of the Memorandum and Articles of Association to give effect to such appointments.

Rent Control Tribunal: Chair and Member nominations P.106/2022

THE STATES commenced consideration of a proposition of the Minister for Housing and Communities entitled Rent Control Tribunal: Chair and Member nominations' (P.106/2022) and adopted a proposition of Deputy Montfort Tadier of St. Brelade that, in accordance with Standing Order 83(1)(a), the matter 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.

Members present voted as follows –

POUR: 23 CONTRE: 18 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. Ouen Connétable of Grouville Connétable of St. Mary Connétable of St. Saviour Deputy G.P. Southern Deputy M. Tadier

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


Connétable of St. Helier Deputy C.F. Labey Deputy S.G. Luce

Deputy S.M. Ahier Deputy I.J. Gorst

Deputy K.L. Moore Deputy P.F.C. Ozouf Deputy Sir 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 A.F. Curtis Deputy K.M. Wilson Deputy L.K.F. Stephenson

Deputy B.B. de S.V.M. Porée Deputy L.V. Feltham

Deputy A. Howell

Deputy R.S. Kovacs

Deputy M.B. Andrews

States Employment Board – Annual Reporting P.107/2022

THE STATES commenced consideration of a proposition of Deputy Max Brennan Andrews of St. Helier North entitled States Employment Board Annual Reporting' (P.107/2022) and, adopting the proposition, requested the States Employment Board, from January 2023, to publish annually –

  1. a breakdown of civil servant and public sector worker remuneration across salary bands, to be presented as percentages of government department payroll expenditure and overall government department expenditure across all government departments;
  2. civil servant remuneration over £100,000, to be presented as a percentage of government department payroll expenditure and overall government department expenditure across all government departments; and
  3. combined consultants' aggregate remuneration, to be presented as a percentage of government department expenditure across all government departments.

Members present voted as follows –

POUR: 38 CONTRE: 0 ABSTAIN: 0

Connétable of St. Helier Connétable of St. Brelade Connétable of Trinity Connétable of St. Peter Connétable of St. Martin Connétable of St. John Connétable of Grouville Connétable of St. Ouen Connétable of St. Mary Connétable of St. Saviour Deputy C.F. Labey

Deputy M. Tadier

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

Deputy R.J. Ward

Deputy C.S. Alves

Deputy I.J. Gorst

Deputy L.J. Farnham Deputy K.L. Moore

Deputy S.Y. Mézec

Deputy P.F.C. Ozouf Deputy Sir P.M. Bailhache Deputy T.A. Coles

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

Deputy H.M. Miles

Deputy M.R. Scott

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

Deputy M.E. Millar Deputy A. Howell

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

Arrangement of public business for future meetings

THE STATES, adopting a proposition of the Chair of the Privileges and Procedures Committee, agreed that, at the next meeting of the Assembly, the lunchtime adjournment would be taken between 1.00 p.m. and 2.00 p.m. on each meeting day.

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) –

12th December 2022

(Meeting to commence at 1.30 p.m. on Monday 12th December 2022. Consideration of Public Business to commence at 9.30 a.m. on 13th December 2022.)

Proposed Government Plan 2023-2026.  P.97/2022. Lodged: 4th October 2022, Council of Ministers.

Proposed Government Plan 2023-2026 (P.97/2022): amendment  P.97/2022. Tobacco  Amd. Lodged: 15th November 2022, Deputy M.B. Andrews of St Helier North.

Proposed Government Plan 2023-2026 (P.97/2022): second amendment  P.97/2022. Stamp Duty of buy to let investments, second homes and holiday homes  Amd.(2). Lodged: 21st November 2022, Deputy M.B. Andrews of St Helier North.

Proposed Government Plan 2023-2026 (P.97/2022): third amendment  P.97/2022. Stamp Duty  Amd.(3). Lodged: 21st November 2022, Deputy R.S. Kovacs of St. Saviour .

Proposed Government Plan 2023-2026 (P.97/2022): fourth amendment  P.97/2022. HIF Transfers  Amd.(4). Lodged: 21st November 2022, Health and Social Security Scrutiny Panel.

Proposed Government Plan 2023-2026 (P.97/2022): fifth amendment.  P.97/2022. Country Parks  Amd.(5). Lodged: 23rd November 2022, Connétable of St. Helier .

Proposed Government Plan 2023-2026 (P.97/2022): sixth amendment.  P.97/2022. Walking and Cycling routes  Amd.(6). Lodged: 23rd November 2022, Connétable of St. Helier .

Proposed Government Plan 2023-2026 (P.97/2022): seventh amendment.  P.97/2022. St. Helier Conseil Municipal  Amd.(7). Lodged: 23rd November 2022, Connétable of St. Helier .

STATES MINUTES

Draft Finance (2023 Budget) (Jersey) Law 202-.

Lodged: 31st October 2022, Minister for Treasury and Resources.

Draft Finance (2023 Budget) (Jersey) Law 202-: addendum. Lodged: 31st October 2022, Minister for Treasury and Resources.

Draft Finance (2023 Budget) (Jersey) Law 202-. (P.102/2022): amendment Lodged: 15th November 2022, Deputy M.B. Andrews of St Helier North.


24th November 2022

P.102/2022.

P.102/2022. Add.

P.102/2022.

Amd.

Draft Finance (2023 Budget) (Jersey) Law 202-. (P.102/2022): second amendment  P.102/2022. Lodged: 21st November 2022, Deputy M.B. Andrews of St Helier North.  Amd.(2).

Draft Finance (2023 Budget) (Jersey) Law 202-. (P.102/2022): third amendment  P.102/2022. Lodged: 21st November 2022, Deputy R.S. Kovacs of St. Saviour .  Amd.(3).

Draft Criminal Justice (Deferred Prosecution Agreements) (Jersey) Law 202-.  P.103/2022. Lodged: 31st October 2022, Minister for Home Affairs.

Draft  Criminal  Justice  (Deferred  Prosecution  Agreements)  (Jersey)  Law  202-  P.103/2022. (P.103/2022): amendment.  Amd. Lodged: 23rd November 2022, Minister for Home Affairs.

Draft Non-Profit Organisations (Amendment of Law) (Jersey) Regulations 202-  P.104/2022. Lodged: 31st October 2022, Minister for External Relations and Financial Services.

Draft Food (Jersey) Law 202-  P.105/2022. Lodged: 1st November 2022, Minister for the Environment.

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.

Our Hospital Project: Reporting.  P.109/2022. Lodged: 16th November 2022, Deputy L.J. Farnham of St. Mary , St. Ouen and St.

Peter.

17th January 2023

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.

THE STATES rose at 3.47 p.m.

L.-M. HART Greffier of the States