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States Minutes 18th July 2023

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THE STATES assembled on Tuesday 18th July 2023, at 9.30 a.m. under the Presidency of the Deputy Bailiff , Robert James MacRae , Esquire.

 __________________

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

Connétable Robert David Johnson of St. Mary – excused attendance (joined at 9.40 a.m.) Deputy Louise Catherine Mary Doublet of St. Saviour – ill

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

Deputy Inna Gardiner of St. Helier North – ill

Deputy Kristina Louise Moore of St. Mary , St. Ouen and St. Peter – absent on States business Deputy Philip Francis Cyril Ozouf 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.

Ukrainian city of Mykolaiv – welcome to delegation

The Deputy Bailiff , on behalf of members, welcomed a delegation from the Ukrainian city of Mykolaiv, which was twinned with the Parish of St. Helier .

Arrangement of public business for the present meeting

THE STATES noted that, in accordance with Standing Order 34(1), Deputy Alexander Frederick Curtis of St. Clement had informed the Greffier of the States that his amendment (P.17/2023 Amd.(2)Amd.) to the amendment of the Minister for Infrastructure (P.17/2023 Amd.(2)) to the proposition of the Minister entitled La Collette Waste Management Site – Development Plan' (P.17/2023) had been withdrawn.

THE STATES noted that, in accordance with Standing Order 34(1), the Connétable of St. Helier had informed the Greffier of the States that his amendment (P.17/2023 Amd.) to the proposition of the Minister for Infrastructure entitled La Collette Waste Management Site – Development Plan' (P.17/2023) had been withdrawn.

La Collette Waste Management Site – Development Plan P.17/2023

THE STATES commenced consideration of a proposition of the Minister for Infrastructure entitled La Collette Waste Management Site – Development Plan' (P.17/2023) and, adopting an amendment of the Minister for Infrastructure (P.17/2023 Amd.(2)), agreed that –

in paragraph (a), after the words "medium term Plan for", for the words "Waste Management at La Collette  Reclamation  Site  Phase  II",  there  should  be  substituted  "the  continuation  of  the management and storage of hazardous waste and inert waste at the La Collette Waste Management site,";

in sub-paragraph (i) of paragraph (a), after the words "as detailed in drawing", for "22023-100", there should be substituted "202223-101" and, for the drawing that formed part of the proposition, there should be substituted the following –

;

in sub-paragraph (ii) of paragraph (a), after the words "waste in cells", for the words "as per plans submitted under application P/2016/1647", there should be substituted "to a  maximum height, including capping, restoration soils, and landscaping, of no more than 4.5 metres above the current maximum height of the East Headland";

for sub-paragraph (iii) of paragraph (a), there should be substituted the following new sub-paragraph –

"(iii) the formation of the south headland and west headland by deposition of inert waste to a

maximum height, including capping, restoration soils, and landscaping, of no more than 4.5 metres above the current maximum height of the hazardous waste mound;";

in sub-paragraph (iv) of paragraph (a), after the words "South Headland", for the words "as per the plans submitted under application P/2016/1647", there should be substituted "and West Headland";

in sub-paragraph (v) of paragraph (a), after the words "publicly accessible", for the words "one-mile- long coastal path around the perimeter of the site once landscaping and restoration is complete", there should be substituted "a coastal walk and cycle path, with appropriate public amenities around the perimeter of the site once landscaping and restoration is complete, and developed in consideration of the safety zone limitations."; and

for paragraph (b), there should be substituted the following paragraph –

"(b) to request that, prior to the next review of the Island Plan, the Minister for Infrastructure and

the Minister for the Environment develop a long-term strategy for inert and hazardous waste management, to include –

  1. changes to policy and supplementary planning guidance based on the waste hierarchy and with a strict focus on waste minimisation; and
  2. identification of future sites for inert and hazardous waste management."

THE STATES, adopting the proposition of the Minister for Infrastructure, as amended –

  1. supported the short/medium term Plan for the continuation of the management and storage of hazardous waste and inert waste at the La Collette Waste Management site, to include:
  1. a combined waste management approach for hazardous waste and inert soils under a La Collette Waste Management Site – Development Plan', as detailed in drawing 22023- 101 –

;

  1. the formation of the East Headland' and South Headland' by deposition of hazardous waste in cells to a maximum height, including capping, restoration soils, and landscaping, of no more than 4.5 metres above the current maximum height of the East Headland;
  2. the formation of the South Headland and West Headland by deposition of inert waste to a maximum height, including capping, restoration soils, and landscaping, of no more than 4.5 metres above the current maximum height of the east headland;
  3. the  landscaping  and restoration  of  the  East  Headland  and  South  Headland  and  West Headland;
  4. the creation of a publicly accessible coastal walk and cycle path, with appropriate public amenities around the perimeter of the site once landscaping and restoration was complete, and developed in consideration of the safety zone limitations; and
  1. requested that prior to the next review of the Island Plan, the Minister for Infrastructure and the Minister for the Environment develop a long-term strategy for inert and hazardous waste management, to include –
  1. changes to policy and supplementary planning guidance based on the waste hierarchy and with a strict focus on waste minimisation; and
  2. identification of future sites for inert and hazardous waste management.

Members present voted as follows –

POUR: 39 CONTRE: 3 ABSTAIN: 2

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 S.G. Luce

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 S.Y. Mézec

Deputy P.M. Bailhache Deputy T.A. Coles

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

Deputy H.M. Miles

Deputy M.R. Scott

Deputy C.D . Curtis

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

Deputy H.L. Jeune

Deputy M.E. Millar

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


Connétable of St. Helier Deputy M. Tadier Deputy A. Howell


Connétable of St. Lawrence Deputy J. Renouf

Draft EU Legislation (Information Accompanying Transfers of Funds) (Amendment) (Jersey) Regulations 202- P.36/2023

THE STATES commenced consideration of the Draft EU Legislation (Information Accompanying Transfers of Funds) (Amendment) (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 6.

THE STATES made Regulations entitled the EU Legislation (Information Accompanying Transfers of Funds) (Amendment) (Jersey) Regulations 2023 under Article 2 of the European Union Legislation (Implementation) (Jersey) Law 2014.

Members present voted as follows –

POUR: 40 CONTRE: 0 ABSTAIN: 0

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 M. Tadier

Deputy S.G. Luce

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 S.Y. Mézec

Deputy P.M. Bailhache Deputy T.A. Coles

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

Deputy H.M. Miles

Deputy M.R. Scott

Deputy J. Renouf

Deputy C.D . Curtis

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

Deputy H.L. Jeune

Deputy M.E. Millar

Deputy A. Howell

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

Draft Employment (Amendment No. 13) (Jersey) Law 202- P.38/2023

THE STATES commenced consideration of the Draft Employment (Amendment No. 13) (Jersey) Law 202- and adopted the principles.

Members present voted as follows –

POUR: 42 CONTRE: 0 ABSTAIN: 0

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 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 S.Y. Mézec

Deputy P.M. Bailhache Deputy T.A. Coles

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

Deputy H.M. Miles

Deputy M.R. Scott

Deputy J. Renouf

Deputy 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 Articles 1 to 5.

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, adopted a Law entitled the Employment (Amendment No. 13) (Jersey) Law 202-.

Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 202- P.40/2023

THE STATES commenced consideration of the Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 202- and adopted the principles.

Members present voted as follows –

POUR: 34 CONTRE: 10 ABSTAIN: 0

Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Peter Connétable of St. Martin Connétable of St. John Connétable of St. Clement Connétable of Grouville Connétable of St. Mary Connétable of St. Saviour Deputy G..P. Southern Deputy C.F. Labey

Deputy M. Tadier

Deputy S.G. Luce

Deputy R.J. Ward

Deputy C.S. Alves

Deputy I.J. Gorst

Deputy L.J Farnham

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 J. Renouf

Deputy C.D . Curtis

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

Deputy H.L. Jeune

Deputy M.E. Millar

Deputy T.J.A. Binet

Deputy R.S. Kovacs

Deputy A.F. Curtis

Deputy K.M. Wilson Deputy L.K.F Stephenson Deputy M.B. Andrews


Connétable of St. Brelade Connétable of Trinity Connétable of St. Ouen Deputy M.R. Le Hegarat Deputy S.M. Ahier Deputy P.M. Bailhache Deputy M.R. Scott Deputy A. Howell Deputy M.R. Ferey Deputy B. Ward

THE STATES, having been informed by the Chair of the Environment, Housing and Infrastructure Scrutiny Panel that, in accordance with the provisions of Standing Order 72(1), he wished to have the Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 202- referred to that Scrutiny Panel, agreed that, in accordance with the provisions of Standing Order 72(6), the 2nd reading of the draft Law should be listed to continue on 7th November 2023.

THE STATES noted that, in accordance with the provisions of Standing Order 106, the following members declared an interest in the subject of the Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 202- in that either they, or a relevant person to them, were a landlord –

The Connétable of St. Peter

The Connétable of St. Clement

The Connétable of St. Mary

Deputy Carolyn Fiona Labey of Grouville and St. Martin

Deputy Montfort Tadier of St. Brelade

Deputy Stephen George Luce of Grouville and St. Martin Deputy Ian Joseph Gorst of St. Mary , St. Ouen and St. Peter Deputy Sir Philip Martin Bailhache of St. Clement

Deputy David James Warr of St. Helier South

Deputy Rosemary Esther Binet of Grouville and St. Clement Deputy Hilary Louise Jeune of St. John , St. Lawrence and Trinity Deputy Andrea Howell of St. John , St. Lawrence and Trinity Deputy Thomas John Albert Binet of St. Saviour

Deputy Alexander Frederick Curtis of St. Clement

THE STATES noted that, in accordance with the provisions of Standing Order 106, the following members declared an interest in the subject of the Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 202- in that either they, or a relevant person to them, were a tenant –

The Connétable of St. Clement

Deputy Samuel Yves Mézec of St. Helier South

Deputy Jonathan Renouf of St. Brelade

Deputy Catherine Dolores Curtis of St. Helier Central

Deputy Hilary Louise Jeune of St. John , St. Lawrence and Trinity Deputy Raluca Stefana Kovacs of St. Saviour

Deputy Karen Margaret Wilson of St. Clement

Deputy Max Brennan Andrews of St. Helier North

Draft Proceeds of Crime (Financial Intelligence – Commencement of Amendment Regulations) (Jersey) Act 202- P.42/2023

THE STATES made an Act entitled the Proceeds of Crime (Financial Intelligence – Commencement of Amendment Regulations) (Jersey) Act 2023 under Regulation 12 of the Proceeds of Crime (Financial Intelligence) (Amendment) (Jersey) Regulations 2022.

States of Jersey Development Company Limited: re-appointment of a Non-Executive Director P.43/2023

THE STATES commenced consideration of a proposition of the Minister for Treasury and Resources entitled States of Jersey Development Company Limited: re-appointment of a Non-Executive Director' (P.43/2023) and, adopting the proposition –

  1. re-appointed Nicholas Winsor MBE as a Non-Executive Director of The States of Jersey Development Company Limited for a further period of up to three years in accordance with the Memorandum and Articles of Association to take effect from the delivery to the company of the notice referred to in paragraph (b) below; and
  1. authorised the Greffier of the States for and on behalf of the States to deliver a notice to The States  of  Jersey  Development  Company  Limited  in  accordance  with  Article  21(b)  of the Memorandum and Articles of Association to give effect to such appointments.

Members present voted as follows –

POUR: 35  CONTRE: 2  ABSTAIN: 2

Connétable of St. Helier Connétable of St. Brelade Deputy R.E. Binet Connétable of St. Lawrence   Deputy M. Tadier Deputy A. Howell 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 S.G. Luce

Deputy M.R. Le Hegarat

Deputy S.M. Ahier

Deputy C.S. Alves

Deputy I.J. Gorst

Deputy L.J Farnham

Deputy S.Y. Mézec

Deputy P.M. Bailhache

Deputy B.B.de S.V.M. Porée

Deputy D.J. Warr

Deputy H.M. Miles

Deputy J. Renouf

Deputy C.D . Curtis

Deputy L.V. Feltham

Deputy M.E. Millar

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

Whistleblowing – introduction of legislation P.47/2023

THE STATES commenced consideration of a proposition of Deputy Carina Soares Alves of St. Helier Central entitled Whistleblowing – introduction of legislation' (P.47/2023) and, adopting an amendment of the Minister for Social Security (P.47/2023 Amd.), agreed that, for the words "Chief Minister", there should be substituted "Minister for Social Security" and that, for the word "June", there should be substituted "December".

THE STATES, adopting the proposition of Deputy Carina Soares Alves of St. Helier Central , as amended, agreed that Whistleblowing legislation should be introduced, and requested the Minister for Social Security, in consultation with the Council of Ministers, to bring forward the necessary legislation for approval by the Assembly prior to the end of December 2024.

Members present voted as follows –

POUR: 42 CONTRE: 0 ABSTAIN: 0

Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Connétable of Trinity Connétable of St. Peter Connétable of St. Martin Connétable of St. John Connétable of St. 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 S.G. Luce

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 S.Y. Mézec

Deputy P.M. Bailhache Deputy T.A. Coles

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

Deputy H.M. Miles

Deputy M.R. Scott

Deputy J. Renouf

Deputy 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 M.B. Andrews

Adjournment

THE STATES adjourned, having agreed to reconvene on Wednesday 19th July 2023 to consider the outstanding items of public business.

THE STATES rose at 5.27 p.m.

L.-M. HART Greffier of the States