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States Minutes 25th April 2022

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THE STATES assembled on Monday 25th April 2022, at 9.30 a.m. under the Presidency of the Bailiff , Timothy John Le Cocq , Esquire.

 __________________

His Excellency the Lieutenant Governor,

Air Chief Marshall Sir Stephen Dalton, G.C.B., LL.D. (Hon.), D.Sc. (Hon.), B.Sc., F.R.Ae.S., C.C.M.I. was present.

 __________________

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

Deputy Carolyn Fiona Labey of Grouville – ill

 __________________

Prayers read by the Deputy Greffier of the States __________________

Standing Order 55A – remote participation

THE STATES, with reference to their Act dated 14th September 2021, in which they had agreed that, notwithstanding Standing Order 55A(1), members who did not wish to attend in the States Chamber might continue to take part in States meetings using Microsoft Teams (until the States had considered and voted upon a proposition to re-apply Standing Order 55A(1) or to repeal or vary the terms of the Standing Order), assembled in accordance with Standing Order 55A with members able to participate remotely using Microsoft Teams.

Tribute to the late Mrs. Sadie Anthea Le Sueur -Rennard, member of the States

The Bailiff paid tribute to the late Mrs. Sadie Anthea Le Sueur -Rennard, Connétable of St. Saviour . The States observed one minute's silence as a mark of respect.

Subordinate enactments tabled

The following enactments were tabled, namely –

Social Security (Collection of Class 1 and Class 2 Contributions) (Amendment No. 2) R&O.41/2022. (Jersey) Order 2022.

Minister for Social Security.

Sanctions  and  Asset-Freezing  (Implementation  of  External  Sanctions)  (Russia   R&O.42/2022. Amendment No. 4) (Jersey) Order 2022.

Minister for External Relations and Financial Services.

Road Traffic ( Trinity ) (Amendment No. 11) (Jersey) Order 2022.  R&O.43/2022. Minister for Infrastructure.

Immigration (Commencement) (Jersey) Order 2022.  R&O.44/2022. Minister for Home Affairs.

Immigration (Fees) (Jersey) Order 2022.  R&O.45/2022. Minister for Home Affairs.

Wildlife (Areas of Special Protection) (Jersey) Order 2022.  R&O.47/2022. Minister for the Environment.

Financial Services Commission (Financial Penalties) |(Amendment No. 2) (Jersey) R&O.48/2022. Order 2022.

Minister for External Relations and Financial Services.

Sanctions  and  Asset-Freezing  (Implementation  of  External  Sanctions)  (Russia   R&O.49/2022. Amendment No. 5) (Jersey) Order 2022.

Minister for External Relations and Financial Services.

Documents presented

Draft  Planning  and  Building  (Amendment  No.  8)  (Jersey)  Law  202-(P.76/2021): P.76/2021. comments.  Com. Presented: 20th April 2022, Environment, Housing and Infrastructure Scrutiny Panel.

Draft Sea Fisheries and Aquatic Resources (Portelet Bay) (Jersey) Regulations 202- P.29/2002. (P.29/2022): comments.  Com. Presented: 20th April 2022, Environment, Housing and Infrastructure Scrutiny Panel.

Draft Official Analyst (Jersey) Law 202- (P.41/2022): comments.  P.41/2022. Lodged: 13th April 2022, Corporate Services Scrutiny Panel.  Com.

Draft Official Analyst (Jersey) Law 202- (P.41/2022): amendment (P.41/2022 Amd.) – P.41/2022. comments.  Amd.Com. Presented: 21st April 2022, Chief Minister.

Draft Probate (Amendment) (Jersey) Law 202- (P.42/2022): comments.  P.42/2022. Presented: 21st April 2022, Corporate Services Scrutiny Panel.  Com.

Draft  Regulation  of  Care  (Regulation  Activities)  (Amendment  of  Law)  (Jersey) P.45/2022. Regulations 202- (P.45/2022): comments. Com. Presented: 19th April 2022, Children, Education and Home Affairs Scrutiny Panel.

Hustings Filming (P.49/2022): comments.  P.49/2022. Presented: 22nd April 2022, Privileges and Procedures Committee.  Com.

Revised Code of Practice for engagement between Scrutiny Panels and the Public P.50/2022. Accounts Committee' and the Executive' (P.50/2022): amendment (P.50/2022 Amd.)  Amd.Com. – comments. Presented: 21st April 2022, Council of Ministers.

Draft  Proceeds  of  Crime  (Amendment  No.  7)  (Jersey)  Law  202-  (P.51/2022): P.51/2022. comments.  Com. Presented: 20th April 2022, Economic and International Affairs Scrutiny Panel.

Draft  Sanctions  and  Asset-freezing  (Amendment  No.  2)  (Jersey)  Law  202- P.53/2022. (P.53/2022): comments.  Com. Presented: 21st April 2022, Economic and International Affairs Scrutiny Panel.

Draft  Unlawful  Public  Entertainments  (Jersey)  Regulations  202-  (P.55/2022): P.55/2022. comments.  Com. Presented: 19th April 2022, Children, Education and Home Affairs Scrutiny Panel.

Draft Non-Profit Organisations (Miscellaneous Amendments) (Jersey) Law 202-  P.56/2022. (P.56/2022): comments.  Com. Presented: 20th April 2022, Economic and International Affairs Scrutiny Panel.

Amendments to Standing Orders – Land Transactions (P.58/2022): comments.  P.58/2022. Presented: 12th April 2022, Minister for Infrastructure.  Com.

(re-issue)

Accommodation for Temporary Workers (P.62/2022): comments.  P.62/2022. Presented: 21st April 2022, Council of Ministers.  Com.

States Meetings – Remote participation and Proxy voting.  P.63/2022. Presented: 14th April 2022, Privileges and Procedures Committee.  Com.

Draft Domestic Abuse (Jersey) Law 202- (P.69/2022): comments.  P.69/2022. Presented: 19th April 2022, Children, Education and Home Affairs Scrutiny Panel.  Com.

Suspension of drive to Net Zero' (P.70/2022): comments.  P.70/2022. Presented: 21st April 2022, Minister for the Environment.  Com.

Public Sector Employment Contracts (P.71/2022): comments.  P.71/2022. Presented: 21st April 2022, States Employment Board.  Com.

Carbon  Neutral  Roadmap  (P.74/2022):  second  amendment  (P.74/2022 Amd.(2))   P.74/2022. comments.  Amd.(2). Presented: 21st April 2022, Minister for the Environment.  Com.

Technology Accelerator Fund (P.75/2022): comments.  P.75/2022. Presented: 21st April 2022, Corporate Services Scrutiny Panel.  Com.

Compromise and Non-disclosure Agreements (P.76/2022): comments.  P.76/2022. Lodged: 8th April 2022, Public Accounts Committee.  Com.

(re-issue)

Compromise and Non-Disclosure Agreements (P.76/2022): comments.  P.76/2022. Presented: 21st April 2022, States Employment Board.  Com.(2).

Transfers  between  Heads  of  Expenditure  under  the  Public Finances  (Jersey) R.34/2022. Law 2019: Article 18 – 11th February 2022,

Presented: 31st March 2022, Minister for Treasury and Resources.

Support and Aid in Ukraine.  R.35/2022. Presented: 31st March 2022, Chief Minister.

Jersey Employment and Discrimination Tribunal Annual Report 2021.  R.36/2022. Presented: 1st April 2022, Minister for Social Security.

Guidance on Government activity during the election period.  R.37/2022. Presented: 4th April 2022, Chief Minister.

Jersey Care Model Update Report 2021.  R.38/2022. Presented: 6th April 2022, Minister for Health and Social Services.

States of Jersey Annual Report and Accounts 2021.  R.39/2022. Presented: 7th April 2022, Minister for Treasury and Resources.

States of Jersey Law 2005: Delegation of functions – Minister for Social Security – R.40/2022. Extended Delegations.  (re-issue). Presented: 7th April 2022, Minister for Social Security.

Proposals for the implementation of Parental Bereavement Leave.  R.41/2022. Presented: 7th April 2022, Minister for Social Security.

Jersey Independent Prison Monitoring Board Annual Report 2021.  R.42/2022. Presented: 8th April 2022, Minister for Home Affairs.

Jèrriais Language Strategy 2022-2025.  R.43/2022. Presented: 8th April 2022, Minister for Economic Development, Tourism, Sport and

Culture.

Jersey Multi Agency Public Protection Arrangements Annual Report 2021.  R.44/2022. Presented: 11th April 2022, Minister for Home Affairs.

Transfers  between  Heads  of  Expenditure  under  the  Public Finances  (Jersey) R.45/2022. Law 2019: Article 18 – 11th April 2022.

Presented: 11th April 2022, Minister for Treasury and Resources.

Statement of the Jersey immigration rules.  R.46/2022. Presented: 12th April 2022, Minister for Home Affairs.

OECD Pillars 1&2: tax policy reflections.  R.47/2022. Presented: 12th April 2022, Minister for External Relations and Financial Services.

Jersey Appointments Commission Annual Report 2021.  R.48/2022. Presented: 12th April 2022, Chief Minister.

Transfers  between  Heads  of  Expenditure  under  the  Public Finances  (Jersey) R.49/2022. Law 2019: Article 18 – 11th April 2022.

Presented: 14th April 2022, Minister for Treasury and Resources.

States Assembly Annual Report 2021.  R.50/2022. Presented: 14th April 2022, Privileges and Procedures Committee.

States of Jersey Law 2005: Delegation of Functions – Minister for External Relations R.51/2022. and Financial Services –the Sanctions and Asset-Freezing Law (Jersey) 2019.

Presented: 14th April 2022, Minister for External Relations and Financial Services.

Jersey Financial Services Commission: re-appointment of a Commissioner.  R.52/2022. Presented: 19th April 2022, Minister for External Relations and Financial Services.

Land Transactions under Standing Order 168 (3) – Apartment N° 10, Block A, Les R.53/2022. Quennevais Park, St. Brelade – Cancellation of Existing 99-Year Lease and Transfer

of the Public's Flying-Freehold Ownership.

Presented: 20th April 2022, Minister for Infrastructure.

Land Transactions under Standing Order 168 (3) – The Western Fire Station, The  R.54/2022. Fire House', Route des Quennevais, St. Brelade – sale.

Presented: 21st April 2022, Minister for Infrastructure.

States Employment Board Annual Report 2021.  R.55/2022. Presented: 22nd April 2022, States Employment Board.

Presentation to the States of the updated Memoranda of Understanding with the wholly R.56/2022. owned States-owned entities.

Presented: 22nd April 2022, Minister for Treasury and Resources.

Radiotherapy Options in Jersey.  R.57/2022. Presented: 25th April 2022, Minister for Health and Social Services.

Covid-19 Response: Impact on Children and Young People.  S.R.4/2022. Presented: 5th April 2022, Children, Education and Home Affairs Scrutiny Panel.

Seasonal Workers and the Rural Economy.  S.R.5/2022. Presented: 12th April 2022, Economic and International Affairs Scrutiny Panel.

Jersey's Gender Pay Gap (follow-up) report.  S.R.6/2022. Presented: 13th April 2022, Gender Pay Gap Scrutiny Review Panel.

Draft Carbon Neutral Roadmap Review.  S.R.7/2022. Presented: 21st April 2022, Environment, Housing and Infrastructure Scrutiny Panel.

Follow-up Review of Mental Health Services.  S.R.8/2022 Presented: 22nd April 2022, Health and Social Security Scrutiny Panel.

Use  and  Operation  of  Citizens'  Panels,  Assemblies  and  Juries  in  Jersey  P.A.C.1/2022. (P.A.C.1/2022): Executive Response.  Res. Presented: 1st April 2022, Public Accounts Committee.

Performance Management Review (P.A.C.2/2022): Executive Response.  P.A.C.2/2022. Presented: 20th April 2022, Public Accounts Committee. Res.

Response to the COVID-19 Pandemic by the Government of Jersey.  P.A.C.3/2022. Presented: 11th April 2022, Public Accounts Committee.

Notification of lodged propositions

Draft  Planning  and  Building  (Amendment  No.  8)  (Jersey)  Law  202-(P.76/2021): P.76/2021. second amendment.  Amd.(2) Lodged: 6th April 2022, Minister for the Environment.

Draft Official Analyst (Jersey) Law 202- (P.41/2022): amendment.  P.41/2022. Lodged: 11th April 2022, Corporate Services Scrutiny Panel.  Amd.

Draft Regulation of Care (Standards and Requirements) (Jersey) Regulations 202- P.46/2022. (P.46/2022): amendment.  Amd. Lodged: 8th April 2022, Minister for the Environment.

Revised Code of Practice for engagement between Scrutiny Panels and the Public P.50/2022. Accounts Committee' and the Executive' (P.50/2022): amendment.  Amd. Lodged: 11th April 2022, Senator. T.A. Vallois.

Ministerial Responsibilities (P.52/2022): amendment.  P.52/2022. Lodged: 14th April 2022, Council of Ministers.  Amd. Draft  Sanctions  and  Asset-Freezing  (Amendment  No.  2)  (Jersey)  Law  202- P.53/2022. (P.53/2022): Amendment.  Amd. Lodged: 11th April 2022, Minister for External Relations and Financial Services.

Havre des Pas Lido (P.61/2022): amendment.  P.61/2022. Lodged: 14th April 2022, Minister for Infrastructure.  Amd.

Accommodation for temporary workers (P.62/2022): amendment.  P.62/2022. Lodged: 14th April 2022, Deputy R. Huelin of St. Peter .  Amd.

Amendment  to  Standing  Orders  -  Machinery  of  Government  Sub-Committee P.64/2022. (P.64/2022): amendment.  Amd. Lodged: 14th April 2022, Council of Ministers.

Monitoring of arm's length organisations and Green and White Papers (P.65/2022): P.65/2022. amendment.  Amd. Lodged: 14th April 2022, Council of Ministers.

GST on menstrual sanitary products (P.66/2022): amendment.  P.66/2022. Lodged: 14th April 2022, Minister for Treasury and Resources.  Amd.

Draft Domestic Abuse (Jersey) Law 202- (P.69/2022): amendment.  P.69/2022. Lodged: 8th April 2022, Minister for Home Affairs.  Amd.

Draft Domestic Abuse (Jersey) Law 202- (P.69/2022): second amendment.  P.69/2022. Lodged: 8th April 2022, Senator T.A. Vallois.  Amd.(2)

Parishes' green waste (P.73/2022): amendment.  P.73/2022. Lodged: 14th April 2022, Minister for Infrastructure.  Amd.

Carbon Neutral Roadmap (P.74/2022): amendment.  P.74/2022. Lodged:7th April 2022, Environment, Housing and Infrastructure Scrutiny Panel.  Amd.

Carbon Neutral Roadmap (P.74/2022): amendment (P.74/2022 Amd.) – amendment. P.74/2022. Lodged: 19th April 2022, Minister for the Environment.  Amd.Amd.

Carbon Neutral Roadmap (P.74/2022): second amendment. P.74/2022. Lodged: 8th April 2022, Deputy R.J. Ward of St. Helier .  Amd.(2). (re-issue)

Hospital: determination of planning application during election period.  P.77/2022. Lodged: 25th April 2022, Minister for the Environment.

Withdrawal of lodged propositions

THE STATES noted that, in accordance with Standing Order 34(1), the proposers of the following propositions lodged "au Greffe" had informed the Greffier of the States that they had been withdrawn –

Draft Probate (Amendment) (Jersey) Law 202-.  P.42/2022. Lodged: 7th March 2022, Chief Minister.

Millennium Town Park – Government support for extension.  P.67/2022. Lodged: 10th March 2022, Connétable of St. Helier .

Draft Domestic Abuse (Jersey) Law 202- (P.69/2022): second amendment. P.69/2022. Lodged: 8th April 2022, Senator T.A. Vallois.  Amd.(2)

Written Questions

(see Official Report/Hansard)

WQ.105/2022 1. The Chief Minister had tabled an answer on 4th April 2022 to a question asked by Senator

S.Y. Mézec regarding residential properties.

WQ.106/2022 2. The Minister for Home Affairs had tabled an answer on 4th April 2022 to a question asked

by Deputy I. Gardiner of St. Helier regarding Piquet House.

WQ.107/2022 3. The Minister for Children and Education had tabled an answer on 4th April 2022 to a

question asked by Deputy R.J. Ward of St. Helier regarding teaching staff on attendance and performance plans.

WQ.108/2022 4. The Minister for Children and Education had tabled an answer on 4th April 2022 to a

question asked by Deputy M. Tadier of St. Brelade regarding modern foreign languages on the core curriculum.

WQ.109/2022 5. The Minister for Children and Education had tabled an answer on 11th April 2022 to a

question asked by Deputy R.J. Ward of St. Helier regarding Greenfields Children's Centre. WQ.110/2022 6. The Minister for Social Security had tabled an answer on 11th April 2022 to a question

asked by Deputy R.J. Ward of St. Helier regarding Income Support claimants

WQ.111/2022 7. The Minister for the Environment had tabled an answer on 11th April 2022 to a question

asked by Deputy R.J. Ward of St. Helier regarding inspections of rental accommodation. WQ.112/2022 8. The Assistant Chief Minister had tabled an answer on 11th April 2022 to a question asked

by the Connétable of St. John regarding the Clinical Director of the Our Hospital Project. WQ.113/2022 9. The Minister for Children and Education had tabled an answer on 11th April 2022 to a

question asked by the Connétable of St. John regarding the Greenfields Children's Centre. WQ.114/2022 10. The Minister for Children and Education had tabled an answer on 11th April 2022 to a

question asked by the Connétable of St. John regarding Children's Services.

WQ.115/2022 11. The Minister for Social Security had tabled an answer on 11th April 2022 to a question

asked by Deputy G.P. Southern of St. Helier regarding Income Support.

WQ.116/2022 12. The Minister for Economic Development, Tourism, Sport and Culture had tabled an answer

on 11th April 2022 to a question asked by Deputy G.P. Southern of St. Helier regarding inflation spikes in the United Kingdom.

WQ.117/2022 13. The Chair of the Privileges and Procedures Committee had tabled an answer on 11th April

2022 to a question asked by Deputy S.M. Wickenden of St. Helier regarding the submission of Written Questions.

WQ.118/2022 14. The Minister for Home Affairs had tabled an answer on 20th April 2022 to a question asked

by Senator K.L. Moore regarding the average time for prisoners to be held on remand at H.M.P. La Moye.

WQ.119/2022 15. The Chief Minister had tabled an answer on 20th April 2022 to a question asked by the Connétable of St. Brelade regarding supply chain vulnerabilities and risks.

WQ.120/2022 16. The Chief Minister had tabled an answer on 20th April 2022 to a question asked by the

Connétable of St. Brelade regarding any non-government food security experts consulted since 24th February 2022.

WQ.121/2022 17. The Chief Minister had tabled an answer on 20th April 2022 to a question asked by the

Connétable of St. Brelade regarding a working group for enhancing Jersey's resilience and sustainability.

WQ.122/2022 18. The Chair of the States Employment Board had tabled an answer on 20th April 2022 to a

question asked by Deputy M.R. Higgins of St. Helier regarding the Norfolk Police investigation into the Planning Department.

WQ.123/2022 19. The Minister for External Relations and Financial Services had tabled an answer on 20th

April 2022 to a question asked by Deputy M.R. Higgins of St. Helier regarding Russian- owned assets in Jersey.

WQ.124/2022 20. The Chief Minister had tabled an answer on 20th April 2022 to a question asked by Deputy

M.R. Higgins of St. Helier regarding the cost of living for Islanders.

WQ.125/2022 21. The Minister for the Environment had tabled an answer on 20th April 2022 to a question

asked by Deputy R.J. Ward of St. Helier regarding the States-approved Sustainable Transport Policy on reducing Carbon emissions.

WQ.126/2022 22. The Minister for Infrastructure had tabled an answer on 20th April 2022 to a question asked

by Deputy R.J. Ward of St. Helier regarding projects to encourage active travel.

WQ.127/2022 23. The Minister for Social Security had tabled an answer on 20th April 2022 to a question

asked by Deputy R.J. Ward of St. Helier regarding the use of discretionary powers with regard to Income Support claims and overpayment schedules.

WQ.128/2022 24. The Minister for Social Security had tabled an answer on 20th April 2022 to a question

asked by Senator T.A. Vallois regarding the review of the Jersey Women's Refuge and the effects of the Domestic Abuse (Jersey) Law.

WQ.129/2022 25. The Minister for Health and Social Services had tabled an answer on 20th April 2022 to a

question asked by the Connétable of St. John regarding the Improving Performance Consultancy.

Oral Questions

(see Official Report/Hansard)

OQ.68/2022  1.   Deputy G.P. Southern of St. Helier asked a question of the Minister for Health and Social

Services regarding the subsidy for the Community Alarm System.

OQ.70/2022  2.  Senator S.Y. Mézec asked a question of the Chief Minister regarding the Government's aim

to reduce the number of people living in relative low income.

OQ.66/2022  3.   Deputy R.J. Ward of St. Helier asked a question of the Minister for Social Security regarding

Long-Term Incapacity Allowance.

OQ.73/2022  4.   Deputy G.J. Truscott of St. Brelade asked a question of the Minister for Housing and

Communities regarding the repair of balcony floor plates at Les Quennevais Park.

OQ.72/2022  5.   Deputy K.F. Morel of St. Lawrence asked a question of the Minister for Housing and

Communities regarding measures to ensure the use of empty properties.

OQ.64/2022  6.   Deputy M. Tadier of St. Brelade asked a question of the Minister for Infrastructure regarding

the women's toilets at Red Houses.

OQ.62/2022  7.   Deputy K.G. Pamplin of St. Saviour asked a question of the Minister for Infrastructure

regarding the development of Clinique Pinel.

OQ.74/2022  8.   Deputy G.J. Truscott of St. Brelade asked a question of the Minister for Infrastructure

regarding the resurfacing of the Railway Walk.

OQ.63/2022  9.   Deputy K.G. Pamplin of St. Saviour asked a question of the Minister for Health and Social

Services regarding remuneration packages for staff in the Department of Health and Community Services.

OQ.75/2022  10.   Deputy K.F. Morel of St. Lawrence asked a question of the Minister for Treasury and

Resources regarding taxation measures to disincentivise Islanders from buying multiple properties.

OQ.69/2022  11.   Deputy G.P. Southern of St. Helier asked a question of the Minister for Social Security

regarding the value of medical benefit paid from the Health Insurance Fund.

OQ.67/2022  12.   Deputy R.J. Ward of St. Helier asked a question of the Minister for Infrastructure regarding

the Under 19s Bus Pass Scheme.

OQ.65/2022  13.   Deputy M. Tadier of St. Brelade asked a question of the Assistant Minister for Economic

Development, Tourism, Sport and Culture regarding repair work needed by Jersey Opera House.

OQ.71/2022  14.  Senator S.Y. Mézec asked a question of the Minister for Health and Social Services

regarding the number of G.P.s in Jersey.

Oral Questions without notice (see Official Report/Hansard)

The Minister for the Environment answered questions without notice from members.

The Minister for External Relations and Financial Services answered questions without notice from members.

The Chief Minister answered questions without notice from members.

Urgent Oral Question

(see Official Report/Hansard)

Deputy Kevin Glyn Pamplin of St. Saviour asked the following question of the Minister for Health and Social Services which the Bailiff had allowed in accordance with Standing Order 15 relating to urgent oral questions –

"Will the Minister state the reasons for the sudden conclusion of the contract with a U.K. university for the award of an on-Island mental health nursing degree, given the degree was only announced last year and started in September 2021; and will he explain what actions are being taken to mitigate the impact this will cause?"

Statements on a matter of official responsibility (see Official Report/Hansard)

The Minister for Health and Social Services made a statement regarding Radiotherapy options for Jersey. Arrangement of public business for the present meeting

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  his  amendment (P.74/2022 Amd.Amd.) to the amendment of the  Environment, Housing and Infrastructure  Scrutiny Panel (P.74/2022 Amd.) to the proposition of the Minister for the Environment entitled Carbon Neutral Roadmap' (P.74/2022) in order that it might be debated at the present meeting.

THE STATES rejected a proposition of the Minister for the Environment, in accordance with Standing Order 80, to suspend Standing Order 32 in order that his proposition entitled Hospital: determination of planning application during election period' (P.77/2022) might be listed for consideration at the present meeting; and to reduce, in accordance with Standing Order 26(7), 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: 10  CONTRE: 30  ABSTAIN: 1

Senator T.A. Vallois  Senator L.J. Farnham   Deputy J.H. Young (B) Senator K.L. Moore  Senator J.A.N. Le Fondré

Connétable of St. Brelade  Senator S.W. Pallett

Connétable of St. Mary  Senator S.Y. Mézec

Connétable of St. John   Connétable of St. Lawrence

Deputy L.M.C. Doublet (S)   Connétable of Grouville

Deputy of St. Mary   Connétable of Trinity

Deputy K.F. Morel (L)   Connétable of St. Peter

Deputy J.H. Perchard (S)   Connétable of St. Ouen

Deputy I. Gardiner (H)   Connétable of St. Martin

Connétable of St. Clement

Deputy K.C. Lewis (S)

Deputy M. Tadier (B)

Deputy M.R. Higgins (H)

Deputy S.J. Pinel (C)

Deputy of St. Martin

Deputy of St. Ouen

Deputy R. Labey (H)

Deputy S.M. Wickenden (H)

Deputy G.J. Truscott (B)

Deputy L.B. Ash (C)

Deputy G.C.U. Guida (L)

Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H)

Deputy S.M. Ahier (H)

Deputy R.J. Ward (H)

Deputy C.S. Alves (H)

Deputy K.G. Pamplin (S)

Draft Planning and Building (Amendment No. 8) (Jersey) Law 202- P.76/2021

THE STATES, resuming consideration of the Draft Planning and Building (Amendment No. 8) (Jersey) Law 202-, the principles having been adopted on 5th October 2021, commenced consideration of Articles 1 to 24 and, adopting the first part of an amendment of the Minister for the Environment (P.76/2021 Amd.(2)) agreed that, in Article 4, in the draft new Article 5(2)(k) (meaning of "develop") to be inserted by Article 4(2)(b), for "such as" there should be substituted "except such operations as".

THE STATES resumed consideration of Articles 1 to 24, as amended, and, adopting an amendment of Deputy Jeremy Martin Maçon of St. Saviour (P.76/2021 Amd.), agreed that, in Article 6, for the draft Article 12(2A) (public inquiries) to be substituted in the Planning and Building (Jersey) Law 2002, there should be substituted –

"(2A) The determining panel must consist of the Minister and at least 2 other Members of the States

Assembly, chosen by the Minister."

THE STATES resumed consideration of Articles 1 to 24, as amended, and, adopting the second and third parts of an amendment of the Minister for the Environment (P.76/2021 Amd.(2)), agreed that –

in Article 13, in the draft new Article 56A (conservation areas) to be inserted by Article 13, in paragraph (1) for "Chief Officer may" there should be substituted "Minister may by Order"; and

in Article 24, for the text of Article 24 (citation and commencement) there should be substituted –

"This Law may be cited as the Planning and Building (Amendment No. 8) (Jersey) Law 202- and comes into force – (a) except as provided by paragraph (b), 7 days after the day on which it is registered; (b) in the case of Article 4(2), on a day to be specified by the States by Act.".

THE STATES adopted Articles 1 to 24, as amended.

Members present voted as follows –

POUR: 40 CONTRE: 0 ABSTAIN: 0

Senator L.J. Farnham Senator S.C. Ferguson Senator T.A. Vallois Senator K.L. Moore Senator S.W. Pallett Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

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) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Planning and Building (Amendment No. 8) (Jersey) Law 202-.

Members present voted as follows –

POUR: 40 CONTRE: 0 ABSTAIN: 0

Senator L.J. Farnham Senator S.C. Ferguson Senator T.A. Vallois Senator K.L. Moore

Senator S.W. Pallett

Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Brelade Connétable of Grouville Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

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) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)

Draft Sea Fisheries and Aquatic Resources (Portelet Bay) (Jersey) Regulations 202- P.29/2022

THE STATES resumed consideration of the Draft Sea Fisheries and Aquatic Resources (Portelet Bay) (Jersey) Regulations 202-, the principles having been adopted on 31st March 2022, and adopted Regulations 1 and 2.

THE STATES made Regulations entitled the Sea Fisheries and Aquatic Resources (Portelet Bay) (Jersey) Regulations 2022 under Articles 2 and 20 of the Aquatic Resources (Jersey) Law 2014 and Articles 2 and 29 of the Sea Fisheries (Jersey) Law 1994.

Draft States of Jersey (Amendment Remuneration of Elected Members) (Jersey) Law 202- P.40/2022

THE STATES commenced consideration of the Draft States of Jersey (Amendment – Remuneration of Elected Members) (Jersey) Law 202- and adopted the principles.

Members present voted as follows –

POUR: 41 CONTRE: 0 ABSTAIN: 0

Senator L.J. Farnham Senator S.C. Ferguson Senator J.A.N. Le Fondré Senator T.A. Vallois Senator K.L. Moore Senator S.W. Pallett Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Brelade Connétable of Grouville Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy J.H. Young (B) Deputy L.B. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

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) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)

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 3.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the States of Jersey (Amendment – Remuneration of Elected Members) (Jersey) Law 202-.

Draft Official Analyst (Jersey) Law 202- P.41/2022

THE STATES commenced consideration of the Draft Official Analyst (Jersey) Law 202- and adopted the principles.

Members present voted as follows –

POUR: 31 CONTRE: 0 ABSTAIN: 0

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

Senator S.W. Pallett

Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Brelade Connétable of St. Mary Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy J.H. Young (B) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

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) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S)

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 Articles 1 to 17 and the Schedule and, adopting an amendment of the Corporate Services Scrutiny Panel (P.41/2022 Amd.), agreed that –

in Article 2, for paragraph (6) there should be substituted –

"(6) If the Minister appoints a person who does not satisfy paragraph (5)(a), the Minister

must –

  1. include in the advance notice required under Article 2 of the 2018 Law the qualifications the person has and the reasons the Minister determines that it is reasonable to appoint someone who does not satisfy that paragraph; and
  2. set out in writing the reasons why the Minister determines that it is reasonable to appoint someone who does not satisfy that paragraph and publish those reasons.";

in Article 3, after paragraph (5) there should be inserted –

"(6) Within 6 months of the commencement of this Law, or before exercising the powers under

this Article if earlier, the Minister must commission an independent evaluation of the procedure for dismissing the Official Analyst under this Article and present it to the States as soon as practicable after receiving it.";

in Article 7, in paragraph (1) after "The Minister must" there should be inserted "make an annual assessment of the funding required to";

in Article 9, in paragraph (2) the second sub-paragraph (b) should be re-designated as sub- paragraph (c); and

in Article 9, in paragraph (2) after the re-designated sub-paragraph (c) there should be inserted –

"(d) set out the fees prescribed under Article 12 (if any) that have been charged in the financial

year.".

THE STATES adopted Articles 1 to 17 and the Schedule, as amended.

Members present voted as follows –

POUR: 32 CONTRE: 0 ABSTAIN: 0

Senator L.J. Farnham Senator J.A.N. Le Fondré Senator T.A. Vallois Senator K.L. Moore Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Brelade Connétable of St. Mary Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

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) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S)

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

Draft Stamp Duties and Fees (No. 5) (Jersey) Regulations 202- P.43/2022

THE STATES commenced consideration of the Draft Stamp Duties and Fees (No. 5) (Jersey) Regulations 202- and adopted the principles.

Members present voted as follows –

POUR: 31 CONTRE: 2 ABSTAIN: 0

Senator L.J. Farnham Senator J.A.N. Le Fondré Senator T.A. Vallois Senator K.L. Moore Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Mary Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy M. Tadier (B) Deputy S.J. Pinel (C)


Deputy L.M.C. Doublet (S) Deputy J.H. Perchard (S)

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 L.B. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy R.J. Ward (H) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S)

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 and 2.

THE STATES made Regulations entitled the Stamp Duties and Fees (No. 5) (Jersey) Regulations 2022 under Article 3 of the Stamp Duties and Fees (Jersey) Law 1998.

Draft Shipping (Registration) (Amendment No. 2) (Jersey) Regulations 202- P.44/2022

THE STATES commenced consideration of the Draft Shipping (Registration) (Amendment No. 2) (Jersey) Regulations 202- and adopted the principles.

Members present voted as follows –

POUR: 37 CONTRE: 0 ABSTAIN: 0

Senator L.J. Farnham Senator T.A. Vallois Senator K.L. Moore

Senator S.W. Pallett

Senator S.Y. Mézec Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Peter Connétable of St. Mary Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

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) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)

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 6.

THE STATES made Regulations entitled the Shipping (Registration) (Amendment No. 2) (Jersey) Regulations 2022 under Article 13 of the Shipping (Jersey) Law 2002.

THE STATES noted that, in accordance with the provisions of Standing Order 106, the Connétable of St. Brelade declared an interest in the subject of the Draft Shipping (Registration) (Amendment No. 2) (Jersey) Regulations 202- in that he was a director of a company that acted as a representative person for registered vessels.

Draft Regulation of Care (Regulated Activities) (Amendment of Law) (Jersey) Regulations 202- P.45/2022

THE STATES commenced consideration of the Draft Regulation of Care (Regulated Activities) (Amendment of Law) (Jersey) Regulations 202- and adopted the principles.

Members present voted as follows –

POUR: 42 CONTRE: 0 ABSTAIN: 0

Senator L.J. Farnham Senator T.A. Vallois Senator K.L. Moore Senator S.W. Pallett Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H)

Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

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) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)

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 6.

THE STATES, after consultation by the Minister for the Environment with the Health and Social Care Commission in accordance with Article 39(1)(a) of the Regulation of Care (Jersey) Law 2014, made Regulations entitled the Regulation of Care (Regulated Activities) (Amendment of Law) (Jersey) Regulations 2022 under Articles 1(2) and 2(2) of that Law and Articles 20(3) and 47 of the Sexual Offences (Jersey) Law 2018.

Draft Regulation of Care (Standards and Requirements) (Amendment) (Jersey) Regulations 202- P.46/2022

THE STATES commenced consideration of the Draft Regulation of Care (Standards and Requirements) (Amendment) (Jersey) Regulations 202- and adopted the principles.

Members present voted as follows –

POUR: 39 CONTRE: 0 ABSTAIN: 0

Senator L.J. Farnham Senator S.C. Ferguson Senator T.A. Vallois Senator S.W. Pallett Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Peter Connétable of St. Mary Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen

Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B. Ash (C) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

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) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)

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 to 37 and, adopting an amendment of the Minister for the Environment (P.46/2022 Amd.), agreed that, in Regulation 35, in the inserted Regulation 83 (expiry of Regulations 3A, 17A and 80(3) to (5)), for "30th April" there should be substituted "30th September".

THE STATES adopted Regulations 1 to 37, as amended.

Members present voted as follows –

POUR: 42 CONTRE: 0 ABSTAIN: 0

Senator L.J. Farnham Senator T.A. Vallois Senator K.L. Moore Senator S.W. Pallett Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

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) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)

THE STATES, the requirements to consult in accordance with Articles 14(9) and 39(1)(a) of the Regulation of Care (Jersey) Law 2014 having been fulfilled by the Minister for the Environment, made Regulations entitled the Regulation of Care (Standards and Requirements) (Amendment) (Jersey) Regulations 2022 under Articles 11, 14 and 16 of that Law.

Draft Regulation of Care (Transitional Provisions) (Jersey) Regulations 202- P.47/2022

THE STATES commenced consideration of the Draft Regulation of Care (Transitional Provisions) (Jersey) Regulations 202- and adopted the principles.

Members present voted as follows –

POUR: 43 CONTRE: 0 ABSTAIN: 0

Senator L.J. Farnham Senator J.A.N. Le Fondré Senator T.A. Vallois Senator K.L. Moore Senator S.W. Pallett Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy K.C. Lewis (S) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of Trinity

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) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)

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 5.

THE STATES made Regulations entitled the Regulation of Care (Transitional Provisions) (Jersey) Regulations 2022 under Article 49 of the Regulation of Care (Jersey) Law 2014.

Arrangement of public business for the present meeting

THE STATES, adopting a proposition of the Connétable of St. Ouen , agreed that consideration of the following items of public business would not take place before Wednesday 27th April 2022 –

Draft Proceeds of Crime (Amendment No. 7) (Jersey) Law 202- (P.51/2022)

Draft Sanctions and Asset-Freezing (Amendment No. 2) (Jersey) Law 202- (P.53/2022) Draft Limited Partnerships (Amendment No. 2) (Jersey) Law 202- (P.54/2022)

Draft Non-Profit Organisations (Amendment) (Jersey) Law 202- (P.56/2022)

Adjournment

THE STATES adjourned, having agreed to reconvene on Tuesday 26th April 2022 to consider the outstanding items of public business listed for the meeting.

THE STATES rose at 5.30 p.m.

L.-M. HART Deputy Greffier of the States