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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 .
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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
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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.
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 –
Minister for External Relations and Financial Services.
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.
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
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.
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.
Governance and Accountability of Independent Bodies and Office Holders: A R.174/2022. Thinkpiece.
Presented: 30th December 2022, Comptroller and Auditor General.
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
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 (Winding Up and Dissolution) P.119/2022. (Amendment)(Jersey) Regulations 202-.
Lodged: 22nd December 2022, Minister for External Relations and Financial
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 –
- 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
- 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:
- 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
- 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