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THE STATES assembled on Tuesday 12th September 2023, at 9.30 a.m. under the Presidency of the Bailiff ,
Sir Timothy John Le Cocq .
__________________
His Excellency the Lieutenant Governor, Vice-Admiral Jeremy Paul Kyd, C.B.E. was present. __________________
All members were present at roll call with the exception of –
Connétable Alan Simon Crowcroft of St. Helier – excused attendance (arrived in the Chamber at 10.11 a.m.) Connétable Richard Vibert of St. Peter – en défaut
Deputy Carolyn Fiona Labey of Grouville and St. Martin – absent on States business (arrived in the Chamber at 2.15 p.m.)
Deputy Louise Mary Catherine Doublet of St. Saviour – excused attendance (arrived in the Chamber at 9.42 a.m.)
Deputy Philip Francis Cyril Ozouf of St. Saviour – ill
Deputy Sir Philip Martin Bailhache of St. Clement – ill
__________________
Prayers
__________________
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.
Spanish Ambassador to the United Kingdom – welcome
The Bailiff , on behalf of all members, welcomed His Excellency Mr. José Pascual Marco, Ambassador of Spain to the United Kingdom, who was present in the Public Gallery.
Subordinate enactments tabled
The following enactments were tabled, namely –
Banking Business (Accounts, Auditors and Reports) (Jersey) Order 2023. R&O.64/2023. Chief Minister.
Banking Business (General Provisions) (Amendment No. 5) (Jersey) Order 2023. R&O.65/2023. Chief Minister.
Road Traffic ( St. Clement ) (Amendment No. 26) (Jersey) Order 2023. Minister for Infrastructure.
Money Laundering (Amendment No. 12) (Jersey) Order 2023. Chief Minister.
Road Traffic ( St. John ) (Amendment No. 9) (Jersey) Order 2023. Minister for Infrastructure.
R&O.66/2023. R&O.67/2023. R&O.68/2023.
Proceeds of Crime (Provision of Information by Trustees) (Amendment) (Jersey) R&O.69/2023. Order 2023.
Money Laundering (Amendment No. 13) (Jersey) Order 2023. R&O.70/2023. Chief Minister.
Proceeds of Crime (Duties of Non-Professional Trustees) (Amendment) (Jersey) Order R&O.71/2023. 2023.
Documents presented
Amendment to Standing Orders – the establishment of PPC sub-committees. P.46/2023. (P.46/2023): comments. Com. Presented: 8th September 2023, Council of Ministers.
Draft Register of Names and Addresses (Amendment) (Jersey) Law 202- (P.56/2023): P.56/2023. comments. Com. Presented: 6th September 2023, Economic and International Affairs Scrutiny Panel.
States Greffe and Legislative Drafting Office Business Plan 2023. R.117/2023. Presented: 20th July 2023, Privileges and Procedures Committee.
Thinkpiece: Mid Term Reflections. R.120/2023. Presented: 31st July 2023, Comptroller and Auditor General.
Land Transactions under Standing Order 168(3) – Eastern edge of the Five Oaks trade R.123/2023. park development, La Grande Route de St. Martin – Transfer of Land to the public.
Presented: 9th August 2023, Minister for Infrastructure.
Regulation of Investigatory Powers (Jersey) Law 2005 and Police Procedures and R.125/2023. Criminal Evidence (Jersey) Law 2003: Report of the Investigatory Powers
Commissioner - 1st January to 31st December 2022.
Notice under Article 29a(3) of the States of Jersey Law 2005: transfer of Justice R.126/2023. functions – Chief Minister to Justice and Home Affairs.
Presented: 21st August 2023, Chief Minister.
States of Jersey Law 2005: delegation of functions – Minister for Economic R.128/2023. Development, Tourism, Sport and Culture – Director of the Jersey Cyber Security
Presented: 25th August 2023, Minister for Economic Development, Tourism, Sport and
Commissioner for Standards: Investigation of Complaint of Breach of the Code of R.129/2023. Conduct for Elected Members by Deputy M.R. Scott of St. Brelade .
Presented: 29th August 2023, Privileges and Procedures Committee.
Commissioner for Standards: Investigation of Complaint of Breach of the Code of R.130/2023. Conduct for Elected Members by M.B. Andrews of St. Helier North .
Presented: 29th August 2023, Privileges and Procedures Committee.
Land Transactions under Standing Order 168(3) – 25 New Street – lease for office of R.133/2023. Superintendent Registrar.
Presented: 8th September 2023, Minister for Infrastructure.
States of Jersey Law 2005: delegation of functions – Chief Minister – delegation of R.135/2023. Articles 2 and 3 of the Official Analyst (Jersey) Law 2022.
Presented: 12th September 2023, Chief Minister.
The Government Engagement Network. R.136/2023. Presented: 12th September 2023, Chief Minister.
Notification of lodged propositions
Draft Cold Weather Bonus and Payments (Miscellaneous Amendments No. 2) (Jersey) P.55/2023. Regulations 202-
Lodged: 27th July 2023, Minister for Social Security.
Draft Register of Names and Addresses (Amendment) (Jersey) Law 202-. P.56/2023. Lodged: 31st July 2023, Chief Minister.
Restrict parking on beach slipways. P.57/2023. Lodged: 2nd August 2023, Deputy M.B. Andrews of St. Helier North .
GST on menstrual sanitary products (P.66/2022) – Rescindment. P.58/2023. Lodged: 2nd August 2023, Minister for Treasury and Resources.
New Stamp Duty Rates. P.63/2023. Lodged: 17th August 2023, Deputy M.B. Andrews of St. Helier North .
Reinstate the re-use centre at La Collette. P.65/2023. Lodged: 22nd August 2023, Deputy . C.D . Curtis of St. Helier Central .
Reinstate the re-use centre at La Collette (P.65/2023) – amendment. P.65/2023. Lodged: 5th September 2023, Minister for Infrastructure. Amd. Vote of Censure: Deputy M.B. Andrews of St. Helier North . P.66/2023. Lodged: 29th August 2023, Privileges and Procedures Committee.
Law Revision Board: Appointment of Members. P.67/2023. Lodged: 31st August 2023, Chief Minister.
Sea Fisheries (Vessel Monitoring Systems) (Amendment) (Jersey) Regulations 202- P.68/2023. Lodged: 8th September 2023, Minister for the Environment.
Reporting of headcount and vacancies. P.69/2023. Lodged: 12th September 2023, Deputy M.B. Andrews of St. Helier North .
Appointment of Non-elected Members on Scrutiny Panels. P.70/2023. Lodged: 12th September 2023, Deputy M.R. Scott of St. Brelade .
Withdrawal of lodged propositions
THE STATES noted that, in accordance with Standing Order 34(1), the proposer of the following proposition lodged "au Greffe" had informed the Greffier of the States that it had been withdrawn –
New Stamp Duty Rates. P.39/2023. Lodged: 5th June 2023, Deputy M.B. Andrews of St. Helier North .
Public Accounts Committee – resignation of member
The Bailiff notified the Assembly that, in accordance with Standing Order 133(2), he had received a letter of resignation from the Public Accounts Committee from Deputy Max Brennan Andrews of St. Helier North .
Children, Education and Home Affairs Scrutiny Panel – appointment of member
In accordance with Standing Order 125(7) the Chair of the Children, Education and Home Affairs Scrutiny Panel indicated that she wished to increase the membership to have a Panel of 4 members, including the chair, and nominated the Connétable of St. Clement .
There being no other nominations, the Bailiff declared that the Connétable of St. Clement had been duly appointed as a member of the Children, Education and Home Affairs Scrutiny Panel.
Written Questions
(see Official Report/Hansard)
WQ.317/2023 1. The Minister for Treasury and Resources had tabled an answer on 24th July 2023 to a
question asked by Deputy M.B. Andrews of St. Helier North regarding additional revenue from the application of GST on Amazon orders.
WQ.318/2023 2. The Chair of the Comité des Connétable s had tabled an answer on 24th July 2023 to a
question asked by Deputy R.S. Kovacs of St. Saviour regarding electoral registrations. WQ.319/2023 3. The Minister for Social Security had tabled an answer on 24th July 2023 to a question asked
by Deputy M.R. Scott of St. Brelade regarding the impact of minimum wage to living wage
increases.
WQ.320/2023 4. The Minister for Children and Education had tabled an answer on 24th July 2023 to a question
asked by Deputy R.J. Ward of St. Helier Central regarding the Jersey Designated Officer. WQ.321/2023 5. The Minister for Health and Social Services had tabled an answer on 24th July 2023 to a
question asked by Deputy B.B. de S.V.M. Porée of St. Helier South regarding discussions
with the Stroke Association regarding the support available to stroke victims.
Oral Questions
(see Official Report/Hansard)
OQ.175/2023 1. Deputy L.V. Feltham of St. Helier Central asked a question of the Chair of the States
Employment Board regarding a social media post issued by the Government in respect of teaching strikes.
OQ.173/2023 2. Deputy R.J. Ward of St. Helier Central asked a question of the Chair of the States
Employment Board regarding the action taken to prevent strike action by teaching unions. OQ.168/2023 3. Deputy M.R. Scott of St. Brelade asked a question of the Minister for Economic
Development, Tourism, Sport and Culture regarding the prospect of aerated concrete being
present on the Ports of Jersey estate.
OQ.167/2023 4. Deputy A. Howell of Deputy St. John , St. Lawrence and Trinity asked a question of the
Minister for Health and Social Services regarding the Health and Community Services Advisory Board.
OQ.172/2023 5. Deputy B.B. de Sousa V.M. Porée of St. Helier South asked a question of the Minister for
Health and Social Services regarding the sale and marketing of single-use vapes. OQ.177/2023 6. Deputy S.Y. Mézec of St. Helier South asked a question of the Minister for Children and
Education regarding her interaction with the States Employment Board in respect of the
impact of pay offers to teachers on the recruitment and retention of staff.
OQ.179/2023 7. Deputy G.P Southern of St. Helier Central asked a question of the Chief Minister regarding
the taxation measures under consideration to prevent the deterioration of standards in health provision.
OQ.165/2023 8. Deputy L.J. Farnham of St. Mary , St. Ouen and St. Peter asked a question of the Chief
Minister regarding the Government's communications with the United Kingdom Government and the Faroe Islands Government following the approval of The Grindadrap Festival in the Faroe Islands – condemnation of the hunting of sea mammals (P.35/2023).
OQ.170/2023 9. Deputy C.D . Curtis of St. Helier Central asked a question of the Minister for Housing and
Communities regarding the eligibility criteria for the affordable rented housing gateway. OQ.181/2023 10. Deputy C.S Alves of St. Helier Central asked a question of the Assistant Minister for the
Environment regarding the consideration given to a vehicle scrappage scheme.
OQ.176/2023 11. Deputy L.V. Feltham of St. Helier Central asked a question of the Assistant Chief Minister
regarding the number of people working in communications teams across the Government of Jersey.
OQ.166/2023 12. Deputy L.J. Farnham of St. Mary , St. Ouen and St. Peter asked a question of the Minister for
Health and Social Services regarding the introduction of an MRI screening programme for prostate cancer.
OQ.171/2023 13. Deputy C.D . Curtis of St. Helier Central asked a question of the Minister for the Environment
regarding the introduction of food allergy legislation.
OQ.174/2023 14. Deputy R.J Ward of St. Helier Central asked a question of the Minister for Housing and
Communities regarding eligibility criteria for the Affordable Housing Gateway.
OQ.178/2023 15. Deputy S.Y. Mézec of St. Helier South asked a question of the Minister for Housing and
Communities regarding the prospective abolition of no fault' and revenge' evictions.
THE STATES noted that Deputy Geoffrey Peter Southern of St. Helier Central had informed the Greffier of the States that his oral question to the Minister for Social Security (OQ.180/2023) had been withdrawn.
The Bailiff informed the Assembly that, as Deputy Mary Rose Scott of St. Brelade had not been present in the Chamber, her question to H.M. Solicitor General (OQ.169/2023) was deemed to have been withdrawn.
Oral Questions without notice (see Official Report/Hansard)
The Minister for Children and Education answered questions without notice from members. The Minister for Treasury and Resources answered questions without notice from members. The Chief Minister answered questions without notice from members.
Personal statement
(see Official Report/Hansard)
Deputy Max Brennan Andrews of St. Helier North made a personal statement regarding the recent investigation of the Commissioner for Standards into complaints of which he had been the subject.
Vote of Censure: Deputy M.B. Andrews of St. Helier North P.66/2023
THE STATES, adopting a proposition of the Privileges and Procedures Committee entitled Vote of Censure: Deputy M.B. Andrews of St. Helier North ' (P.66/2023), censured Deputy Max Brennan Andrews of St. Helier North whom the Privileges and Procedures Committee had determined breached the Code of Conduct for Elected Members, as detailed in the Report, R.130/2023.
Members present voted as follows –
POUR: 45 CONTRE: 0 ABSTAIN: 0
Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Connétable of Trinity Connétable of St. Martin Connétable of St. John Connétable of St. Clement Connétable of Grouville Connétable of St. Ouen Connétable of St. Mary Connétable of St. Saviour Deputy G.P. Southern
Deputy 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 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 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
Amendment to Standing Orders – the establishment of PPC sub-committees P.46/2023
THE STATES, adopting a proposition of the Privileges and Procedures Committee entitled Amendment to Standing Orders – the establishment of PPC sub-committees' (P.46/2023), agreed an amendment to the Standing Orders of the States of Jersey, with immediate effect.
Members present voted as follows –
POUR: 39 CONTRE: 0 ABSTAIN: 0
Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Connétable of Trinity Connétable of St. Martin Connétable of St. John Connétable of St. Clement Connétable of Grouville Connétable of St. Ouen Connétable of St. Mary Connétable of St. Saviour
Deputy C.F. Labey Deputy S.G. Luce
Deputy L.M.C. Doublet 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 T.A. Coles Deputy D.J. Warr
Deputy H.M. Miles Deputy M.R. Scott Deputy J. Renouf
Deputy C.D . Curtis 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 L.K.F. Stephenson Deputy M.B. Andrews
Financial support for local disasters P.51/2023
THE STATES commenced consideration of a proposition of Deputy Lyndon John Farnham of St Mary, St. Ouen and St. Peter entitled Financial support for local disasters' (P.51/2023) and rejected the proposition that financial support should be made available to support Islanders who were affected by local disasters, and, in order to achieve that aim, to request the Minister for Treasury and Resources –
- to bring forward a proposition to establish this financial support, with the proposed terms of the support to be established by the Minister in consultation with the Council of Ministers and relevant Stakeholders; and
- to ensure that provision was made for the delivery of this financial support in the next Government Plan.
Members present voted as follows –
POUR: 18 CONTRE: 27 ABSTAIN: 0
Connétable of St. Helier Connétable of St. Martin Connétable of Grouville Connétable of St. Ouen Connétable of St. Saviour Deputy M. Tadier Deputy S.G. Luce Deputy M.R. Le Hegarat Deputy R.J. Ward
Connétable of St. Lawrence Connétable of St. Brelade Connétable of St. John Connétable of St. Clement Connétable of St. Mary Deputy G.P. Southern Deputy C.F. Labey
Deputy L.M.C. Doublet Deputy K.F. Morel
Deputy C.S. Alves
Deputy L.J. Farnham Deputy S.Y. Mézec
Deputy T.A. Coles
Deputy B.B.de S.V.M. Porée Deputy C.D . Curtis
Deputy L.V. Feltham Deputy R.S. Kovacs Deputy B. Ward
Deputy S.M. Ahier Deputy I. Gardiner Deputy I.J. Gorst
Deputy K.L. Moore 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 K.M. Wilson Deputy L.K.F. Stephenson Deputy M.B. Andrews
Draft Financial Services (Amendment of Law) (No. 6) (Jersey) Regulations 202- P.54/2023
THE STATES commenced consideration of the Draft Financial Services (Amendment of Law) (No. 6) (Jersey) Regulations 202- and adopted the principles.
Members present voted as follows –
POUR: 43 CONTRE: 0 ABSTAIN: 0
Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Connétable of St. Martin Connétable of St. John Connétable of St. Clement Connétable of Grouville Connétable of St. Ouen Connétable of St. Mary Connétable of St. Saviour Deputy G.P. Southern Deputy C.F. Labey
Deputy 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 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 C.D . Curtis Deputy L.V. Feltham Deputy R.E. Binet Deputy H.L. Jeune Deputy M.E. Millar Deputy A. Howell Deputy T.J.A. Binet Deputy M.R. Ferey Deputy R.S. Kovacs Deputy A.F. Curtis Deputy B. Ward
Deputy K.M. Wilson Deputy L.K.F. Stephenson Deputy M.B. Andrews
THE STATES, having been informed that the relevant scrutiny panel had indicated that it did not wish to scrutinise the draft legislation, adopted Regulations 1 to 5.
THE STATES made Regulations entitled the Financial Services (Amendment of Law) (No. 6) (Jersey) Regulations 2023 under Article 4(2) of the Financial Services (Jersey) Law 1998.
Draft Cold Weather Bonus and Payments (Miscellaneous Amendments No. 2) (Jersey) Regulations 202- P.55/2023
THE STATES commenced consideration of the Draft Cold Weather Bonus and Payments (Miscellaneous Amendments No. 2) (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 No. 2) (Jersey) Regulations 2023 under Articles 8 and 18 of the Income Support (Jersey) Law 2007 and Article 4 of the Social Security (Bonus) (Jersey) Law 2014.
Members present voted as follows –
POUR: 45 CONTRE: 0 ABSTAIN: 0
Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Connétable of St. Martin Connétable of St. John Connétable of St. Clement Connétable of Grouville Connétable of St. Ouen Connétable of St. Mary Connétable of St. Saviour Deputy G.P. Southern Deputy C.F. Labey
Deputy M. Tadier
Deputy S.G. Luce
Deputy 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 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 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
GST on menstrual sanitary products (P.66/2022) – Rescindment P.58/2023
THE STATES commenced consideration of a proposition of the Minister for Treasury and Resources entitled GST on menstrual sanitary products (P.66/2022) – Rescindment' (P.58/2023) and, adopting the proposition, referred to their Act of 28th April 2022 and agreed to rescind their decision to exempt Goods and Services Tax from menstrual sanitary products and continue the implementation of a scheme by the Council of Ministers to provide free products to those who needed them.
Members present voted as follows –
POUR: 25 CONTRE: 21 ABSTAIN: 0
Connétable of St. Lawrence Connétable of St. Brelade Connétable of Trinity Connétable of St. John Deputy C.F. Labey
Deputy L.M.C. Doublet Deputy K.F. Morel
Deputy S.M. Ahier
Deputy I. Gardiner
Deputy I.J. Gorst
Deputy K.L. Moore Deputy D.J. Warr
Connétable of St. Helier Connétable of St. Martin Connétable of St. Clement Connétable of Grouville Connétable of St. Ouen Connétable of St. Mary Connétable of St. Saviour Deputy G.P. Southern Deputy M. Tadier
Deputy S.G. Luce
Deputy M.R. Le Hegarat Deputy R.J. Ward
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 C.S. Alves
Deputy L.J. Farnham Deputy S.Y. Mézec
Deputy T.A. Coles
Deputy B.B.de S.V.M. Porée Deputy C.D . Curtis
Deputy L.V. Feltham Deputy R.S. Kovacs
Deputy M.B. Andrews
Changes in Presidency
The Bailiff retired briefly from the Chamber during consideration of the proposition of the Minister for Treasury and Resources entitled GST on menstrual sanitary products (P.66/2022) – Rescindment' (P.58/2023) and the meeting continued under the Presidency of Mr. William John Charles Millow , Deputy Greffier of the States, until the Bailiff 's return.
Adjournment
THE STATES adjourned, having agreed to reconvene on Wednesday 13th September 2023 to consider the outstanding items of public business listed for the meeting.
THE STATES rose at 5.30 p.m.
L.-M. HART Greffier of the States