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States Minutes 17th January 2023

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THE STATES assembled on Tuesday 17th January 2023, at 10.30 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 Philip Bond Le Sueur of Trinity excused attendance (arrived in the Chamber at 2.15 p.m.) Deputy Lyndon John Farnham of St. Mary , St. Ouen and St. Peter – en défaut (défaut raised at 10.42 a.m.) Deputy Sir Philip Martin Bailhache of St. Clement – excused attendance (arrived in the Chamber at 2.15 p.m.) Deputy Beatriz Borges de Sousa Vaz Moreno Porée of St. Helier South – excused attendance Deputy Thomas John Albert Binet of St. Saviour – 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.

Acting Greffier of the States

The Bailiff informed the Assembly that, in accordance with Article 41(15) of the States of Jersey Law 2005, he had appointed the Assistant Greffier of the States, Mr. Yannick Jean-François Fillieul , to discharge the functions of the Greffier of the States and the Deputy Greffier of the States in the event of their  absence  or  incapacity,  and  had  that  day  administered  the  appropriate  oath  to Mr.   Fillieul in accordance with the provisions of Article 41(17) of the Law.

Subordinate enactments tabled

The following enactments were tabled, namely –

Sanctions and Asset-Freezing (Amendment - Haiti and Miscellaneous) (Jersey) Order  R&O.111/2022. 2022.

Minister for External Relations and Financial Services.

Motor  Vehicle  Registration  (General  Provisions)  (Amendment  No.  24)  (Jersey)  R&O.112/2022. Order 2022.

Minister for Infrastructure.

Environment (2023 Animals and Fisheries Fees) (Jersey) Order 2022.  R&O.115/2022. Minister for the Environment.

Environment (2023 Miscellaneous Fees) (Jersey) Order 2022.  R&O.116/2022. Minister for the Environment.

Regulation  of  Care  (Amendment  of  Law   Regulated  Activities  Regulations) R&O.117/2022. (Commencement) (Jersey) Order 2022.

Minister for the Environment.

Regulation of Care (Fees) (Jersey) Order 2022.  R&O.118/2022. Minister for the Environment.

Taxation (Double Taxation) (Date in Force - United Kingdom) (Jersey) Order 2023. R&O.1/2023. Minister for External Relations and Financial Services.

Documents presented

Re-instatement of Senators. (P.108/2022): comments  P.108/2022. Presented: 13th January 2023, Privileges and Procedures Committee.  Com.

Draft Marriage and Civil Partnership (Amendments) (Jersey) Law 202- (P.112/2022):  P.112/2022. comments.  Com. Presented: 12th January 2023, Children, Education and Home Affairs Scrutiny Panel.

Assembly approval for supplementary planning guidance (P.114/2022): comments.  P.114/2022. Presented: 11th January 2023, Minister for the Environment.  Com.

Risk Management – follow up (R.150/2022): Executive Response (R.150/2022 Res.) – R.150/2022. comments.  Res. Com. Presented: 12th January 2023, Public Accounts Committee.

Grants to Arts, Heritage and Culture Organisations.  R.173/2022. Presented: 23rd December 2022, Comptroller and Auditor General.

Governance  and  Accountability  of  Independent  Bodies  and  Office  Holders:  A R.174/2022. Thinkpiece.

Presented: 30th December 2022, Comptroller and Auditor General.

Statistics Users Group: appointment of panel members.  R.1/2023. Presented: 10th January 2023, Chief Minister.

Ministerial Guidance to support the implementation of the Single-Use Plastics etc.  R.2/2023. (Restrictions) (Jersey) Law 2021.

Presented: 17th January 2023, Minister for Infrastructure.

Report of the Jersey Electoral Authority to the Privileges and Procedures Committee  R.3/2023. of the States Assembly.

Presented: 17th January 2023, Privileges and Procedures Committee.

Notification of lodged propositions

Rent Control Tribunal: Nomination of Chair and Members (P.106/2022) – amendment.  P.106/2022. Lodged: 3rd January 2023, Minister for Housing and Communities.  Amd.

Skills Development Fund.  P.116/2022. Lodged: 16th December 2022, Deputy M.B. Andrews of St. Helier North .

Establishment of a Climate Council.  P.117/2022. Lodged: 22nd December 2022, Minister for the Environment.

Draft Limited Liability Companies (Amendment) (Jersey) Regulations 202-.  P.118/2022. Lodged:  22nd  December  2022,  Minister  for  External  Relations  and  Financial

Services.

Draft  Limited  Liability  Companies  (Winding  Up  and  Dissolution) P.119/2022. (Amendment)(Jersey) Regulations 202-.

Lodged:  22nd  December  2022,  Minister  for  External  Relations  and  Financial

Services.

Draft Public Holidays and Bank Holidays (amendment – Coronation) (Jersey) Act P.1/2023. 202-.

Lodged: 10th January 2023, Chief Minister.

Draft Banking Business (Amendment No. 7 – Commencement) (Jersey) Act 202-.  P.2/2023. Lodged: 17th January 2023, Minister for External Relations and Financial Services.

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 –

Draft Health Insurance Fund (Miscellaneous Provisions) (Amendment No.4) (Jersey)  P.111/2022. Law 202-.

Lodged: 22nd November 2022, Minister for Social Security.

Economic and International Affairs Scrutiny Panel – appointment of members

In accordance with Standing Order 125(7) the Chair of the Economic and International Affairs Scrutiny Panel indicated that she wished to have a Panel of 5 members, including the Chair, and nominated the following as members of the Panel –

The Connétable of St. Clement The Connétable of St. Ouen .

There being no other nominations, the Presiding Officer declared that the Connétable of St. Clement and the Connétable of St. Ouen had been duly appointed as members of the Economic and International Affairs Scrutiny Panel.

Written Questions

(see Official Report/Hansard)

WQ.338/2022 1. The Chief Minister had tabled an answer on 19th December 2022 to a question asked by

Deputy M.B. Andrews of St. Helier North regarding new Hospital project monies. WQ.339/2022 2. The Minister for Treasury and Resources had tabled an answer on 19th December 2022 to a

question asked by Deputy L.J. Farnham of St. Mary , St. Ouen and St. Peter regarding the

Jersey Community Foundation.

WQ.340/2022 3. The Chief Minister had tabled an answer on 19th December 2022 to a question asked by the

Connétable of St. Brelade regarding essential food supplies and critical, medical and pharmacy supplies.

Oral Questions

(see Official Report/Hansard)

OQ.4/2023  1.   Deputy S.Y. Mézec of St. Helier South asked a question of the Minister for Housing and

Communities regarding notice periods for periodic tenancies.

OQ.1/2023  2.   Deputy M. Tadier of St. Brelade asked a question of the Minister for Housing and

Communities regarding the policy of Andium Homes to encourage residents to move from non-Town communities into St. Helier .

OQ.6/2023  3.   Deputy R.J. Ward of St. Helier Central asked a question of the Minister for Housing and

Communities regarding the notification requirements for a change of tenancy in private rental accommodation.

OQ.3/2023  4.   Deputy M.B. Andrews of St. Helier North asked a question of the Chief Minister regarding the

appointment of independent bodies and office holders.

OQ.2/2023  5.   Deputy M. Tadier of St. Brelade asked a question of the States Trustee of the Jersey

Community Relations Trust regarding the discrimination reported by Islanders of Portuguese ethnicity on account of their nationality or race.

OQ.8/2023  6.   Deputy C.D . Curtis of St. Helier Central asked a question of the Minister for Housing and

Communities regarding the qualification criteria for registration on the Affordable Housing Gateway.

OQ.7/2023  7.   Deputy R.J. Ward of St. Helier Central asked a question of the Minister for Social Security

regarding the advice and assistance available to pensioners in risk of entering income poverty. OQ.5/2023  8.   Deputy S.Y. Mézec of St. Helier South asked a question of the Minister for the Environment

regarding the requirements on private developers to provide a proportion of affordable housing

amongst any homes delivered.

Oral Questions without notice (see Official Report/Hansard)

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

The Minister for Health and Social Services answered questions without notice from Members.

The Chief Minister answered questions without notice from Members. Re-instatement of Senators P.108/2022

THE STATES commenced consideration of a proposition of Deputy Ian Joseph Gorst of St. Mary , St. Ouen and St. Peter entitled Re-instatement of Senators' (P.108/2022) and rejected an amendment of Deputy Kirsten Francis Morel of St. John , St. Lawrence and Trinity (P.108/2022 Amd.) that –

in paragraph (a), after the words " Island-wide basis," there should be inserted the words, "should sit alongside the office of Connétable and Deputy and"; and

in paragraph (b), "after the words " Island-wide basis" there should be inserted the words, "and sitting alongside Connétable s and Deputies".

Members present voted as follows –

POUR: 22  CONTRE: 24  ABSTAIN: 1 Connétable of St. Lawrence   Connétable of St. Helier Deputy I.J. Gorst

Connétable of Trinity Connétable of St. Brelade

Connétable of St. Clement Connétable of St. Peter

Connétable of Grouville Connétable of St. Martin

Connétable of St. Ouen Connétable of St. John

Connétable of St. Mary Deputy G.P. Southern

Connétable of St. Saviour Deputy M. Tadier

Deputy C.F. Labey Deputy L.M.C. Doublet

Deputy S.G. Luce Deputy M.R. Le Hegarat

Deputy K.F. Morel   Deputy S.M. Ahier

Deputy K.L. Moore Deputy R.J. Ward

Deputy P.F.C. Ozouf Deputy C.S. Alves

Deputy Sir P.M. Bailhache   Deputy I. Gardiner

Deputy H.M. Miles   Deputy L.J. Farnham

Deputy M.R. Scott   Deputy S.Y. Mézec

Deputy R.E. Binet   Deputy T.A. Coles

Deputy H.L. Jeune   Deputy D.J. Warr

Deputy M.E. Millar   Deputy J. Renouf

Deputy A. Howell   Deputy C.D . Curtis

Deputy M.R. Ferey   Deputy L.V. Feltham

Deputy B. Ward   Deputy R.S. Kovacs

Deputy K.M. Wilson   Deputy A.F. Curtis

Deputy L.K.F. Stephenson

Deputy M.B. Andrews

THE STATES resumed consideration of the  proposition of Deputy Ian  Joseph Gorst of St. Mary, St. Ouen and St. Peter and rejected part 1 of an amendment of Deputy Mary Rose Scott of St. Brelade (P.108/2022 Amd.(2)) that, in paragraph (a), after the words "in 2026", there should be inserted the words ", along with an adjustment in the number of Deputies so that the total number of States Members should either remain the same or decrease after reinstatement of the office of Senator".

Members present voted as follows –

POUR: 11  CONTRE: 34  ABSTAIN: 1 Connétable of St. Lawrence   Connétable of St. Helier Deputy I.J. Gorst

Connétable of St. Brelade Connétable of Trinity

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

Deputy P.F.C. Ozouf Deputy M.R. Scott Deputy R.E. Binet Deputy H.L. Jeune Deputy A. Howell Deputy B. Ward


Connétable of St. Peter Connétable of St. Martin Connétable of St. John Connétable of St. Clement Connétable of Grouville Connétable of St. Ouen Connétable of St. Mary Deputy G.P. Southern Deputy M. Tadier

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 L.J. Farnham Deputy S.Y. Mézec Deputy Sir P.M. Bailhache Deputy T.A. Coles Deputy D.J. Warr

Deputy H.M. Miles Deputy J. Renouf

Deputy C.D . Curtis Deputy L.V. Feltham Deputy M.E. Millar Deputy M.R. Ferey Deputy R.S. Kovacs Deputy A.F. Curtis Deputy K.M. Wilson Deputy L.K.F. Stephenson Deputy M.B. Andrews

THE STATES rejected part 2 of the amendment of Deputy Mary Rose Scott of St. Brelade that, in paragraph (b), after the words "in 2026" there should be inserted the words –

", with consideration being given by the Privileges and Procedures Committee to the following supporting proposals for changes to the electoral system and the way public elections are funded –

  1. changes to the distribution of Deputies across the new constituencies along with the possibility of introducing proportionate voting in the States Assembly for Connétable s to reflect the number of voters in the Parish each Connétable represents; and
  2. a change in the public funding and prescribed conduct of electoral campaigns for the public office of Connétable , Deputy or Senator to enable candidates to compete on a relatively level playing field regardless of political affiliations, personal finances or disability including:
  1. a review of current publicly sponsored delivery of campaign literature with a view to increasing the word count of individual manifestos and encouraging the use of shared word count by candidates who are members of publicly declared political alliances; and
  2. the establishment of a candidate deposit system or other system of fixed contributions that allows deposits or contributions to be waived where candidates can provide public evidence of significant voter support."

Members present voted as follows –

POUR: 3  CONTRE: 40  ABSTAIN: 1 Deputy L.M.C. Doublet Connétable of St. Helier Deputy I.J. Gorst

Deputy M.R. Scott   Connétable of St. Lawrence

Deputy B. Ward Connétable of St. Brelade

Connétable of Trinity

Connétable of St. Peter

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 K.F. Morel

Deputy M.R. Le Hegarat

Deputy S.M. Ahier

Deputy R.J. Ward

Deputy C.S. Alves

Deputy L.J. Farnham

Deputy S.Y. Mézec

Deputy P.F.C. Ozouf

Deputy Sir P.M. Bailhache

Deputy T.A. Coles

Deputy D.J. Warr

Deputy H.M. Miles

Deputy J. Renouf

Deputy C.D . Curtis

Deputy L.V. Feltham

Deputy R.E. Binet

Deputy H.L. Jeune

Deputy M.E. Millar

Deputy M.R. Ferey

Deputy R.S. Kovacs

Deputy A.F. Curtis

Deputy K.M. Wilson

Deputy L.K.F. Stephenson

Deputy M.B. Andrews

THE STATES rejected part 3 of the amendment of Deputy Mary Rose Scott of St. Brelade that, in paragraph (c) "2024" should be substituted for any reference to "2023".

Members present voted as follows –

POUR: 12  CONTRE: 33  ABSTAIN: 1 Connétable of St. Helier Connétable of St. Lawrence Deputy I.J. Gorst

Connétable of St. Brelade Connétable of Trinity

Connétable of St. Martin Connétable of St. Peter

Deputy C.F. Labey Connétable of St. John

Deputy P.F.C. Ozouf Deputy M.R. Scott Deputy R.E. Binet Deputy H.L. Jeune Deputy A. Howell Deputy A.F. Curtis Deputy B. Ward Deputy K.M. Wilson


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 L.J. Farnham Deputy S.Y. Mézec Deputy Sir P.M. Bailhache Deputy T.A. Coles Deputy D.J. Warr

Deputy H.M. Miles Deputy J. Renouf

Deputy C.D . Curtis Deputy L.V. Feltham Deputy M.E. Millar Deputy M.R. Ferey Deputy R.S. Kovacs Deputy L.K.F. Stephenson Deputy M.B. Andrews

THE STATES resumed consideration of the  proposition of Deputy Ian  Joseph Gorst of St. Mary, St. Ouen and St. Peter .

Adjournment

THE STATES adjourned, having agreed to reconvene on Wednesday 18th January 2023 to continue consideration of the proposition of Deputy Ian Joseph Gorst of St. Mary , St. Ouen and St. Peter entitled Re-instatement of Senators' (P.108/2022) and the other outstanding items of public business listed for the meeting.

THE STATES rose at 5.29 p.m.

W.J.C. MILLOW Deputy Greffier of the States