States Minutes 19th July 2023

THE STATES assembled on Wednesday 19th July 2023, at 9.30 a.m. under

the Presidency of the Deputy Bailiff , Robert James MacRae , Esquire.

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

Deputy Louise Mary Catherine 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 Lyndon John Farnham of St. Mary , St. Ouen and St. Peter – en défaut (défaut raised at 9.43 a.m.) Deputy Kristina Louise Moore of St. Mary , St. Ouen and St. Peter – absent on States business (arrived in the Chamber at 2.26 p.m.)

Deputy Philip Francis Cyril Ozouf of St. Saviour – ill

Deputy Sir Philip Martin Bailhache of St. Clement – en défaut (défaut raised at 9.43 a.m.)

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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. No members participated remotely in the meeting.

Documents presented

Island wide rate figures for 2023. R.115/2023. Presented: 19th July 2023, Comité des Connétable s.

Mortgage repayment assistance P.48/2023

THE STATES commenced consideration of a proposition of Deputy Geoffrey Peter Southern of St. Helier Central entitled Mortgage repayment assistance' (P.48/2023) and rejected the proposition to request the Chief Minister, in consultation with the Minister for Treasury and Resources, to engage with local mortgage and credit providers with a view to those providers supporting consumers who were struggling to make repayments by –

1. allowing borrowers to reduce their monthly repayments by extending their mortgage term or switching to interest-only repayments; and
2. ensuring that homes would not be repossessed until 12 months after a borrower missed a mortgage payment.

Members present voted as follows –

POUR: 19  CONTRE: 24  ABSTAIN: 0

Connétable of St. Helier Connétable of Trinity Connétable of Grouville Connétable of St. Ouen Connétable of St. Saviour Deputy G.P. Southern Deputy C.F. Labey

Deputy M. Tadier

Deputy R.J. Ward

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 H.L. Jeune

Deputy R.S. Kovacs Deputy M.B. Andrews

Connétable of St. Lawrence Connétable of St. Brelade Connétable of St. Peter Connétable of St. John Connétable of St. Clement Connétable of St. Mary Deputy S.G. Luce

Deputy M.R. Le Hegarat Deputy S.M. Ahier

Deputy I.J. Gorst

Deputy P.M. Bailhache Deputy D.J. Warr

Deputy H.M. Miles Deputy M.R. Scott

Deputy J. Renouf

Deputy R.E. Binet

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

Entitlement to work – reduction in residency requirement P.49/2023

THE STATES commenced consideration of a proposition of Deputy Raluca Stefana Kovacs of St. Saviour entitled  Entitlement  to  work  –  reduction  in  residency  requirement'  (P.49/2023)  and  rejected  the proposition to request the Chief Minister –

1. in light of the current difficulties in recruitment of staff, to implement a temporary scheme by September  2023,  further  to  which  any  Registered  individual  who  had been  continuously ordinarily resident in the Island since 31st December 2020 would be eligible for Entitled to Work status until December 2025, or such time as they attained five-year residency;
2. to extend the scheme detailed in paragraph (a) to the spouse, civil partner or eligible partner of an individual eligible for the scheme identified in paragraph (a), provided the spouse or partner was also ordinarily resident in Jersey; and
3. to investigate the implications of a reduction in the five-year residency requirement to receive Entitled to Work status, and to report back to the Assembly on the feasibility of such a reduction by 30th June 2024.

Members present voted as follows –

POUR: 11  CONTRE: 31  ABSTAIN: 1 Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Clement

Deputy G.P. Southern   Connétable of St. Brelade

Deputy M. Tadier Connétable of St. Peter

Deputy R.J. Ward Connétable of St. Martin

Deputy C.S. Alves Connétable of St. John

Deputy S.Y. Mézec Connétable of Grouville

Deputy T.A. Coles

Deputy B.B.de S.V.M. Porée Deputy C.D . Curtis

Deputy L.V. Feltham Deputy R.S. Kovacs

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

Deputy M.R. Le Hegarat Deputy S.M. Ahier Deputy I.J. Gorst

Deputy L.J Farnham Deputy P.M. Bailhache 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 B. Ward

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

THE STATES noted that, in accordance with the provisions of Standing Order 106, the following members declared an interest in the subject of the proposition of Deputy Raluca Stefana Kovacs of St. Saviour in that either they, or a relevant person to them, had a link with the hospitality industry –

The Connétable of St. Clement

Deputy Lyndon John Farnham of St. Mary , St. Ouen and St. Peter Deputy Beatriz Borges de Sousa Vaz Moreno Porée of St. Helier South Deputy David James Warr of St. Helier South

Deputy Raluca Stefana Kovacs of St. Saviour

Changes in Presidency

The Deputy Bailiff retired briefly from the Chamber during consideration of the proposition of Deputy Raluca Stefana Kovacs of St. Saviour entitled Entitlement to work – reduction in residency requirement' (P.49/2023) and the meeting continued under the Presidency of Mr. William John Charles Millow , Deputy Greffier of the States until his return.

Supplementary Planning Guidance – Parking Strategy P.50/2023

THE STATES commenced consideration of a proposition of the Connétable of St. Helier entitled Supplementary Planning Guidance – Parking Strategy' (P.50/2023) and rejected the proposition to request the Minister for the Environment to defer approval of the draft Supplementary Planning Guidance on residential parking standards, published for consultation in March 2023, until such time as a parking strategy for the Island had been developed, consulted upon, and presented to the States Assembly for debate.

Members present voted as follows –

POUR: 19

Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Connétable of St. Martin Connétable of St. Clement Deputy G..P. Southern Deputy M. Tadier

Deputy M.R. Le Hegarat Deputy R.J. Ward

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 A. Howell

Deputy R.S. Kovacs Deputy M.B. Andrews

CONTRE: 24

Connétable of St. Peter Connétable of St. John Connétable of Grouville Connétable of St. Ouen Connétable of St. Mary Connétable of St. Saviour Deputy C.F. Labey Deputy S.G. Luce

Deputy S.M. Ahier Deputy I.J. Gorst

Deputy K.L. Moore Deputy P.M. Bailhache Deputy D.J. Warr

Deputy H.M. Miles Deputy J. Renouf

Deputy R.E. Binet Deputy H.L. Jeune Deputy M.E. Millar 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

ABSTAIN: 1 Deputy M.R. Scott

Financial support for parents of babies needing additional neonatal care P.52/2023

THE STATES commenced consideration of a proposition of Deputy Raluca Stefana Kovacs of St. Saviour entitled Financial support for parents of babies needing additional neonatal care' (P.52/2023) and, adopting an amendment of the Minister for Social Security (P.52/2023 Amd.), agreed that, for the word "June", there should be substituted "December".

THE STATES, adopting the proposition of Deputy Raluca Stefana Kovacs of St. Saviour , as amended, agreed that provision, including financial support, should be established to support parents who had preterm babies, or babies requiring neonatal care, and requested the Minister for Social Security to bring forward the proposals for this provision for approval by the Assembly prior to the end of December 2024.

Members present voted as follows –

POUR: 43 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 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 K.L. Moore Deputy S.Y. Mézec Deputy P.M. Bailhache Deputy T.A. Coles Deputy B.B.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

Negotiation of purchase for the site of the Seaside Café, Grève de Lecq P.53/2023

THE STATES commenced consideration of a proposition of Deputy Lyndon John Farnham of St. Mary , St. Ouen and St. Peter entitled Negotiation of purchase for the site of the Seaside Café, Grève de Lecq' (P.53/2023) and, adopting an amendment of Deputy Lucy Kate Frances Stephenson of St. Mary , St. Ouen and St. Peter (P.53/2023 Amd.) agreed that –

In paragraph (a), after the words "for a use that will be of", there should be inserted the words "environmental, cultural and social";

In paragraph (a), after the words "benefit to the public", there should be inserted the words ", including the option of working with partner organisations in completing the purchase and securing the future use of the site";

Paragraph (b) should be substituted with the following paragraph –

"(b) to ensure that the negotiated price represents value for money and that, prior to the transaction

being presented to the States in accordance with Standing Order 168, the price has been subject to independent assessment;"; and

after paragraph (b), there should be inserted the following new paragraph –

"(c) to consider options, consulting as necessary, for enabling the Government of Jersey to be notified when properties or areas of significant value to the people of Jersey become available

so that early consideration can be given to potentially acquiring them on behalf of the public.".

THE STATES, adopting the proposition of Deputy Lyndon John Farnham of St. Mary , St. Ouen and St. Peter , as amended, requested the Minister for Treasury and Resources, in consultation with the Minister for Infrastructure –

1. to negotiate, on behalf of the States of Jersey, the purchase of the former Seaside Café and carpark site at Grève de Lecq for a use that would be of environmental, cultural and social benefit to the public, including the option of working with partner organisations in completing the purchase and securing the future use of the site;
2. to ensure that the negotiated price represented value for money and that, prior to the transaction being presented to the States in accordance with Standing Order 168, the price had been subject to independent assessment; and
3. to consider options, consulting as necessary, for enabling the Government of Jersey to be notified when properties or areas of significant value to the people of Jersey became available so that early consideration could be given to potentially acquiring them on behalf of the public.

Members present voted as follows –

POUR: 32  CONTRE: 10  ABSTAIN: 1 Connétable of St. Lawrence Connétable of St. Brelade Deputy T.J.A. Binet

Connétable of St. Clement   Connétable of Trinity

Connétable of Grouville Connétable of St. Peter

Connétable of St. Ouen Connétable of St. Martin

Connétable of St. Mary Connétable of St. John

Connétable of St. Saviour Deputy S.G. Luce

Deputy G..P. Southern Deputy M.R. Le Hegarat

Deputy C.F. Labey Deputy S.M. Ahier

Deputy R.J. Ward Deputy M.R. Scott

Deputy C.S. Alves Deputy M.E. Millar

Deputy I.J. Gorst

Deputy L.J Farnham

Deputy K.L. Moore

Deputy S.Y. Mézec

Deputy P.M. Bailhache

Deputy T.A. Coles

Deputy B.B.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 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

Arrangement of public business for future meetings

THE STATES agreed the following arrangement of public business for future meetings proposed, as amended, by the Chair of the Privileges and Procedures Committee in accordance with the provisions of Standing Order 88(3) –

12th September 2023

New Stamp Duty Rates. P.39/2023. Lodged: 5th June 2023, Deputy M.B. Andrews of St. Helier North .

Draft Income Tax (Amendment – Stage 2 of Independent Taxation) (Jersey) Law 202-. P.41/2023. Lodged: 6th June 2023, Minister for Treasury and Resources.

Draft Act declaring that the  Income  Tax (Amendment  – Stage  2 of Independent P.41/2023. Taxation) (Jersey) Law 202- has immediate effect. Add. Presented: 6th June 2023, Minister for Treasury and Resources.

Amendment to Standing Orders – the establishment of PPC sub-committees. P.46/2023. Lodged: 23rd June 2023, Privileges and Procedures Committee.

Financial support for local disasters. P.51/2023. Lodged: 27th June 2023, Deputy L.J. Farnham of St Mary, St. Ouen and St. Peter .

Financial support for local disasters (P.51/2023): comments. P.51/2023. Presented: 13th July 2023, Minister for Treasury and Resources.  Com.

Draft Financial Services (Amendment of Law) (No. 6) (Jersey) Regulations 202-. P.54/2023. Lodged: 7th July 2023, Chief Minister.

3rd October 2023 17th October 2023 7th November 2023

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

Lodged: 5th June 2023, Minister for the Environment.

Note: The 2nd reading of the Draft Regulations would resume, following adoption of the principles on 18th July 2023 and the subsequent referral to the Environment, Housing and Infrastructure Scrutiny Panel under Standing Order 72(1).

THE STATES rose at 5.46 p.m.

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