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THE STATES assembled on Tuesday 28th November 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 Deidre Wendy Mezbourian of St. Lawrence – excused attendance
Connétable Michael Keith Jackson of St. Brelade – en défaut (défaut raised at 9.36 a.m.) Deputy Philip Francis Cyril Ozouf of St. Saviour – absent on States business (arrived in the Chamber at 4.00 pm.)
__________________
Prayers read by the Deputy Greffier of the States __________________
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.
Royal Mace – 360th anniversary
The Bailiff made the following statement on the occasion of the 360th anniversary of the Royal Mace being presented to the Island –
"Members may wish to note that today marks a very special anniversary. It is 360 years ago today that the Royal Mace arrived in the Island. A gift from Charles II to reflect his appreciation of the loyalty and support that the Bailiff at the time had shown, along with the people of Jersey, to the King during the English Civil War. As you may be aware, the King had also taken sanctuary in Jersey for several months staying at Elizabeth Castle. We had declared him as King in 1649, some 11 years before his restoration to the throne. The Royal Mace remains a symbol of the Island's loyalty to the Crown. It was a gift to precede the Bailiff s of the day, and I am honoured to be its present custodian."
Connétable of St. Lawrence – absence
THE STATES, adopting a proposition of the Connétable of St. Brelade , agreed that the Connétable of St. Lawrence , who had been marked as en défaut during the roll call, should instead be marked as excused.
Subordinate enactments tabled
The following enactments were tabled, namely –
Bankruptcy (Désastre) (Amendment No. 3) (Jersey) Order 2023. R&O.96/2023. Chief Minister.
Control of Housing and Work (Guidance on Temporary Absence and Significant R&O.98/2023. Ownership) (Amendment No. 4) (Jersey) Order 2023.
Chief Minister.
Long-Term Care (Benefits) (Amendment No. 12) (Jersey) Order 2023. R&O.99/2023. Minister for Social Security.
Long-Term Care Services (Health and Social Services Charges) (Amendment No. 11) R&O.100/2023. (Jersey) Order 2023.
Home Affairs (Fire and Rescue and Petroleum – 2024 Fees) (Jersey) Order 2023. R&O.101/2023. Minister for Justice and Home Affairs.
States of Jersey (Ministerial Offices – Minister for Sustainable Economic R&O.102/2023. Development) Order 2023.
Chief Minister.
Nursing Homes (2024 Fees) (Jersey) Order 2023. R&O.103/2023. Chief Minister.
Cremation (Fees – Amendment) (Jersey) Order 2023. R&O.104/2023. Minister for Health and Social Services.
Road Traffic (Speed Limits) (Amendment No. 17) (Jersey) Order 2023. R&O.105/2023. Minister for Infrastructure.
Road Traffic (Miscellaneous Amendments – Electric Vehicle Parking) (Jersey) Order R&O.106/2023. 2023.
Documents presented
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023. 202-. (P.40/2023): comments. Com.(2). Presented: 23rd November 2023, Minister for the Environment.
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023 202- (P.40/2023): eleventh amendment (P.40/2023 Amd.(11)) – amendment (P.40/2023 Amd.(11). Amd.(11).Amd) – comments. Amd. Presented: 27th November 2023, Minister for the Environment. Com.
Proposed Government Plan 2024-2027 (P.72/2023): comments. P.72/2023. Presented: 28th November 2023, Future Hospital Review Panel. Com.
Reform of the composition of the States Assembly (P.76/2023) – addendum. P.76/2023. Presented: 22nd November 2023, Deputy M.R. Scott of St. Brelade . Add. Draft Planning and Building (Conservation Areas) (Jersey) Regulations 202- P.83/2023. (P.83/2023): comments. Com. Presented: 24th November 2023, Environment, Housing and Infrastructure Scrutiny
Draft Planning and Building (Amendment No. 8) (Repeal) (Jersey) Law P.90/2023. 202- (P.90/2023): comments. Com. Presented: 24th November 2023, Minister for the Environment.
Transfers between Heads of Expenditure under the Public Finances (Jersey) Law 2019: R.167/2023. Article 18 – 3rd October 2023.
Presented: 8th November 2023, Minister for Treasury and Resources.
States Investment Strategies. R.168/2023. Presented: 8th November 2023, Minister for Treasury and Resources.
Transfers between Heads of Expenditure under the Public Finances (Jersey) Law 2019: R.170/2023. Article 18 – 13th November 2023.
Presented: 14th November 2023, Minister for Treasury and Resources.
Transfers between Heads of Expenditure under the Public Finances (Jersey) Law 2019: R.171/2023. Article 18 – 10th November 2023.
Presented: 14th November 2023, Minister for Treasury and Resources
Classification of the Functions of Government Report 2022. R.173/2023. Presented: 21st November 2023, Minister for Treasury and Resources.
Review of Income Support Benefit Overpayments (S.R.1/2023): Response of the S.R.1/2023. Minister for Social Security. Res. Presented: 21st November 2023, Minister for Social Security.
Notification of lodged propositions
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023. 202-. (P.40/2023): eleventh amendment. Amd.(11). Lodged: 15th November 2023, Minister for the Environment.
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023. 202- (P.40/2023): eleventh amendment (P.40/2023 Amd.(11)) – amendment. Amd.(11). Lodged: 21st November 2023, Environment, Housing and Infrastructure Scrutiny Amd. Panel.
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023. 202- (P.40/2023): eleventh amendment (P.40/2023 Amd.(11)) – second amendment. Amd.(11). Lodged: 21st November 2023, Environment, Housing and Infrastructure Scrutiny Amd.(2). Panel.
Proposed Government Plan 2024-2027 (P.72/2023): seventh amendment. P.72/2023. Extension of marginal relief. Amd.(7). Lodged: 20th November 2023, Deputy S.Y. Mézec of St. Helier South .
Proposed Government Plan 2024-2027 (P.72/2023): twelfth amendment. P.72/2023. Value for Money Savings. Amd.(12). Lodged: 23rd November 2023, Corporate Services Scrutiny Panel.
Lodged: 24th November 2023, Connétable of St. Martin .
Proposed Government Plan 2024-2027 (P.72/2023): fourteenth amendment. P.72/2023. Waste Charges. Amd.(14). Lodged: 24th November 2023, Deputy S.Y. Mézec of St. Helier South .
Proposed Government Plan 2024-2027 (P.72/2023): fifteenth amendment. P.72/2023. Income Support (special payments) for carers of children with life-threatening, life- Amd.(15). limiting illnesses, or complex healthcare needs.
Lodged: 27th November 2023, Deputy L.V. Feltham of St. Helier Central .
Proposed Government Plan 2024-2027 (P.72/2023): sixteenth amendment. P.72/2023. Pension changes. Amd.(16). Lodged: 27th November 2023, Deputy T.A. Coles of St. Helier South .
Proposed Government Plan 2024-2027 (P.72/2023): eighteenth amendment. P.72/2023. Free GP visits for all full time students. Amd.(18). Lodged: 27th November 2023, Deputy C.S. Alves of St. Helier Central .
Proposed Government Plan 2024-2027 (P.72/2023): twenty-third amendment. P.72/2023. New sports facilities at Le Rocquier School. Amd.(23). Lodged: 27th November 2023, Deputy S.G. Luce of Grouville and St. Martin ..
Proposed Government Plan 2024-2027 (P.72/2023): twenty-fourth amendment. P.72/2023. Expanding Early Years nursery provision and childcare support. Amd.(24). Lodged: 28th November 2023, Children, Education and Home Affairs Scrutiny Panel.
Proposed Government Plan 2024-2027 (P.72/2023): twenty-fifth amendment. P.72/2023. Alcohol Duty. Amd.(25). Lodged: 28th November 2023, Economic and International Affairs Scrutiny Panel.
Proposed Government Plan 2024-2027 (P.72/2023): twenty-sixth amendment. P.72/2023. Fuel Duty Freeze. Amd.(26). Lodged: 28th November 2023, Economic and International Affairs Scrutiny Panel.
Proposed Government Plan 2024-2027 (P.72/2023): twenty-seventh amendment. P.72/2023. Jersey Business revenue expenditure. Amd.(27). Lodged: 28th November 2023, Economic and International Affairs Scrutiny Panel.
Proposed Government Plan 2024-2027 (P.72/2023): twenty-eighth amendment. P.72/2023. Economy Strategy implementation revenue expenditure. Amd.(28). Lodged: 28th November 2023, Economic and International Affairs Scrutiny Panel.
Proposed Government Plan 2024-2027 (P.72/2023): twenty-ninth amendment. P.72/2023. Funding of Acute Cardiac Nursing. Amd.(29). Lodged: 28th November 2023, Deputy A. Howell of St. John , St. Lawrence and Trinity .
Proposed Government Plan 2024-2027 (P.72/2023): thirtieth amendment. P.72/2023. Freeze on Public Health staff appointments. Amd.(30). Lodged: 28th November 2023, Deputy A. Howell of St. John , St. Lawrence and Trinity .
Proposed Government Plan 2024-2027 (P.72/2023): thirty-first amendment. P.72/2023. Vaccination Service. Amd.(31). Lodged: 28th November 2023, Deputy A. Howell of St. John , St. Lawrence and Trinity .
Proposed Government Plan 2024-2027 (P.72/2023): thirty-second amendment. P.72/2023. Carbon Tax or charge on private aircraft. Amd.(32). Lodged: 28th November 2023, Council of Ministers.
Proposed Government Plan 2024-2027 (P.72/2023): thirty-third amendment. P.72/2023. Increase revenue expenditure for agriculture and fisheries. Amd.(33). Lodged: 28th November 2023, Council of Ministers.
Draft Finance (2024 Budget) (Jersey) Law 202- (P.91/2023): amendment. P.91/2023. Lodged: 24th November 2023, Deputy M.B. Andrews of St. Helier North . Amd.
Draft Finance (2024 Budget) (Jersey) Law 202- (P.91/2023): third amendment. P.91/2023. Lodged: 28th November 2023, Economic and International Affairs Scrutiny Panel. Amd.(3).
Draft Finance (2024 Budget) (Jersey) Law 202- (P.91/2023): fourth amendment. P.91/2023. Lodged: 28th November 2023, Economic and International Affairs Scrutiny Panel. Amd.(4).
Appointment of Non-Executive Directors and new Chair to the States of Jersey P.95/2023. Development Company. (re-issue). Lodged: 10th November 2023, Minister for Treasury and Resources.
Draft Crime (Public Order) (Jersey) Law 202-. P.97/2023. Lodged: 22nd November 2023, Minister for Justice and Home Affairs.
Withdrawal of lodged propositions
THE STATES noted that, in accordance with Standing Order 34(1), the proposers of the following propositions lodged "au Greffe" had informed the Greffier of the States that they had been withdrawn –
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023. 202-. (P.40/2023): amendment. Amd. Lodged: 13th September 2023, Minister for the Environment.
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023. 202-. (P.40/2023): second amendment. Amd.(2). Lodged: 23rd October 2023, Environment, Housing and Infrastructure Scrutiny Panel.
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023. 202-. (P.40/2023): third amendment. Amd.(3). Lodged: 23rd October 2023, Environment, Housing and Infrastructure Scrutiny Panel.
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023. 202-. (P.40/2023): fourth amendment. Amd.(4). Lodged: 23rd October 2023, Environment, Housing and Infrastructure Scrutiny Panel.
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023. 202-. (P.40/2023): fifth amendment. Amd.(5). Lodged: 23rd October 2023, Environment, Housing and Infrastructure Scrutiny Panel.
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023. 202-. (P.40/2023): sixth amendment. Amd.(6). Lodged: 23rd October 2023, Environment, Housing and Infrastructure Scrutiny Panel.
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023. 202-. (P.40/2023): seventh amendment. Amd.(7). Lodged: 23rd October 2023, Environment, Housing and Infrastructure Scrutiny Panel.
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023. 202-. (P.40/2023): eighth amendment. Amd.(8). Lodged: 23rd October 2023, Environment, Housing and Infrastructure Scrutiny Panel.
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023. 202-. (P.40/2023): ninth amendment. Amd.(9). Lodged: 23rd October 2023, Environment, Housing and Infrastructure Scrutiny Panel.
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023. 202-. (P.40/2023): tenth amendment. Amd.(10). Lodged: 23rd October 2023, Environment, Housing and Infrastructure Scrutiny Panel.
Draft Planning and Building (Commencement of No. 8 Amendment Law) (Jersey) Act P.71/2023. 202-.
Lodged: 19th September 2023, Minister for the Environment.
Amendment to Standing Orders –statements. P.85/2023. Lodged: 20th October 2023, Privileges and Procedures Committee.
Health Care Expenditure Projections. P.86/2023. Lodged: 25th October 2023, Deputy G.P. Southern of St. Helier Central .
Written Questions
(see Official Report/Hansard)
WQ.441/2023 1. The President of the Scrutiny Liaison Committee had tabled an answer on 13th November
2023 to a question asked by Deputy M.B. Andrews of St. Helier North regarding supporting amending Standing Orders in relation to Scrutiny Panel membership.
WQ.442/2023 2. The Minister for the Environment had tabled an answer on 13th November 2023 to a question asked by Deputy M.R. Scott of St. Brelade regarding the Minister's power to protect trees
through listing in accordance with Article 58 of the Planning and Building (Jersey) Law 2002.
WQ.443/2023 3. The Minister for Justice and Home Affairs had tabled an answer on 13th November 2023 to
a question asked by Deputy R.J. Ward of St. Helier Central regarding mobile phone inbuilt tracking software used by the police in investigations.
WQ.444/2023 4. The Chief Minister had tabled an answer on 13th November 2023 to a question asked by
Deputy S.Y. Mézec of St. Helier South regarding the Register of Names and Addresses Commissioner.
WQ.445/2023 5. The Minister for Children and Education had tabled an answer on 20th November 2023 to a
question asked by Deputy M.B. Andrews of St. Helier North regarding the funding of all Jersey schools.
WQ.446/2023 6. The Minister for Children and Education had tabled an answer on 20th November 2023 to a
question asked by Deputy M.B. Andrews of St. Helier North regarding the amount of Government expenditure across education.
WQ.447/2023 7. The Minister for Economic Development, Tourism, Sport and Culture had tabled an answer
on 20th November 2023 to a question asked by Deputy M.B. Andrews of St. Helier North regarding requiring Estate Agents operating in the Island to undertake exams.
WQ.448/2023 8. The Minister for Health and Social Services had tabled an answer on 20th November 2023
to a question asked by Deputy A. Howell of St. John , St. Lawrence and Trinity regarding a breakdown of the 2024 staff funding allocated to Covid-19.
WQ.449/2023 9. The Minister for Health and Social Services had tabled an answer on 20th November 2023
to a question asked by Deputy A. Howell of St. John , St. Lawrence and Trinity regarding the Jersey Care Model.
WQ.450/2023 10. The Minister for Health and Social Services had tabled an answer on 20th November 2023
to a question asked by Deputy A. Howell of St. John , St. Lawrence and Trinity regarding an updated version of Table 1: Costs and Headcount' included in the draft Government Plan 2024-2027.
WQ.451/2023 11. The Chief Minister had tabled an answer on 20th November 2023 to a question asked by
Deputy S.Y. Mézec of St. Helier South regarding the Jersey Unity Statement.
WQ.452/2023 12. H.M. Attorney General had tabled an answer on 20th November 2023 to a question asked by
Deputy S.Y. Mézec of St. Helier South regarding the potential risks Jersey was exposed to regarding potential war crimes in Gaza.
WQ.453/2023 13. The Chief Minister had tabled an answer on 20th November 2023 to a question asked by
Deputy S.Y. Mézec of St. Helier South regarding Government expenditure on adverts, articles and supplements in the Jersey Evening Post.
WQ.454/2023 14. The Minister for Treasury and Resources had tabled an answer on 20th November 2023 to a
question asked by Deputy T.A. Coles of St. Helier South regarding the money spent by the States of Jersey Development Company on the South Hill project.
WQ.455/2023 15. The Minister for the Environment had tabled an answer on 20th November 2023 to a question
asked by Deputy T.A. Coles of St. Helier South regarding planning application appeals. WQ.456/2023 16. The Chair of the States Employment Board had tabled an answer on 20th November 2023 to
a question asked by Deputy C.S. Alves of St. Helier Central regarding the number of people
leaving Government employment.
WQ.457/2023 17. The Chair of the States Employment Board had tabled an answer on 20th November 2023 to
a question asked by Deputy C.S. Alves of St. Helier Central regarding the number of contracts the Government had with third parties where the requirement to pay the living wage was not included.
WQ.458/2023 18. The Minister for Treasury and Resources had tabled an answer on 20th November 2023 to a
question asked by Deputy C.S. Alves of St. Helier Central regarding personal Income Tax returns.
WQ.459/2023 19. The Chief Minister had tabled an answer on 20th November 2023 to a question asked by the
Connétable of St. Mary regarding the Data Protection Tribunal.
WQ.460/2023 20. The Minister for Health and Social Services had tabled an answer on 20th November 2023
to a question asked by the Connétable of St. Mary regarding the Mental Health Review Tribunal.
WQ.461/2023 21. The Minister for Social Security had tabled an answer on 20th November 2023 to a question
asked by the Connétable of St. Mary regarding the costs of multiple Tribunals.
WQ.462/2023 22. The Minister for Social Security had tabled an answer on 20th November 2023 to a question
asked by Deputy M.R. Scott of St. Brelade regarding the free period products scheme. WQ.463/2023 23. The Chief Minister had tabled an answer on 20th November 2023 to a question asked by
Deputy M.R. Scott of St. Brelade regarding the delay in the introduction of a Public Services
Ombudsperson.
WQ.464/2023 24. The Chief Minister had tabled an answer on 20th November 2023 to a question asked by
Deputy M.R. Scott of St. Brelade regarding the powers of the proposed Public Services Ombudsperson.
WQ.465/2023 25. The Minister for Treasury and Resources had tabled an answer on 20th November 2023 to a
question asked by Deputy L.V. Feltham of St. Helier Central regarding letters of comfort. WQ.466/2023 26. The Minister for Treasury and Resources had tabled an answer on 20th November 2023 to a
question asked by Deputy L.V. Feltham of St. Helier Central regarding risk assessments in
relation to the Regulatory Technology (Reg Tech) Super Deduction.
WQ.467/2023 27. The Minister for the Environment had tabled an answer on 27th November 2023 to a question
asked by Deputy R.J. Ward of St. Helier Central regarding Active Travel in the Carbon Neutral Roadmap.
WQ.468/2023 28. The Minister for the Environment had tabled an answer on 27th November 2023 to a question
asked by Deputy R.J. Ward of St. Helier Central regarding the Carbon Neutral Roadmap. WQ.469/2023 29. The Minister for Social Security had tabled an answer on 27th November 2023 to a question
asked by Deputy R.J. Ward of St. Helier Central regarding the provision of carpets in Andium
Homes properties.
WQ.470/2023 30. The Minister for Housing and Communities had tabled an answer on 27th November 2023
to a question asked by Deputy M.B. Andrews of St. Helier North regarding a tax on any
profits made from the sale of a property that was not the taxpayer's main residence. WQ.471/2023 31. The Minister for Treasury and Resources had tabled an answer on 27th November 2023 to a
question asked by Deputy M.R. Le Hegarat of St. Helier North regarding prosecutions for
non-payment of employees' ITIS deductions by employers.
WQ.472/2023 32. The Minister for Social Security had tabled an answer on 27th November 2023 to a question
asked by Deputy M.R. Le Hegarat of St. Helier North regarding prosecutions for non- payment of employees' Social Security contributions by employers.
WQ.473/2023 33. The Minister for Social Security had tabled an answer on 27th November 2023 to a question
asked by Deputy G.P. Southern of St. Helier Central regarding Income Support sanctions.
Oral Questions
(see Official Report/Hansard)
OQ.227/2023 1. Deputy A. Howell of St. John , St. Lawrence and Trinity asked a question of the Chair of the
Privileges and Procedures Committee regarding the decision of the BBC to cease its mediumwave transmission of States meetings.
OQ.229/2023 2. Deputy R.J. Ward of St. Helier Central asked a question of the Chair of the States
Employment Board regarding the current pay dispute with teachers.
OQ.237/2023 3. The Connétable of St. Helier asked a question of the Minister for Housing and Communities
regarding the number of new housing units in the vicinity of the Millennium Town Park. OQ.224/2023 4. Deputy M.B. Andrews of St. Helier North asked a question of the Minister for Infrastructure
regarding the potential for the States of Jersey Development Company to be appointed
property manager of all Government-owned dwellings.
OQ.235/2023 5. Deputy G.P. Southern of St. Helier Central asked a question of the Chief Minister regarding
the Government's delivery of efficiencies and value for money.
OQ.231/2023 6. Deputy L.V. Feltham of St. Helier Central asked a question of the Minister for Treasury and
Resources regarding the causes of error rates on tax assessments.
OQ.232/2023 7. Deputy M. Tadier of St. Brelade asked a question of the Assistant Minister for the
Environment regarding the maintenance of listed buildings located in prominent public areas. OQ.225/2023 8. The Connétable of St. Martin asked a question of the Assistant Minister for Sustainable
Economic Development regarding the provision of protection of Islanders' online safety. OQ.233/2023 9. Deputy S.Y. Mézec of St. Helier South asked a question of the Minister for Infrastructure
regarding the support provided to Jersey's farmers whilst the abattoir remained closed. OQ.236/2023 10. Deputy G.P. Southern of St. Helier Central asked a question of the Minister for Social
Security regarding the use of sanctions in the welfare system to help claimants return to work. OQ.230/2023 11. Deputy R.J. Ward of St. Helier Central asked a question of the Minister for Children and
Education regarding the impact of the pay offer to headteachers on the educational reform
programme.
OQ.226/2023 12. Deputy M.B. Andrews of St. Helier North asked a question of the Minister for Justice and
Home Affairs regarding the number of incidents of verbal, physical and sexual assault against female police officers.
OQ.234/2023 13. Deputy S.Y. Mézec of St. Helier South asked a question of the Minister for Justice and Home
Affairs regarding the recommendations of the Taskforce on Violence Against Women and Girls.
OQ.228/2023 14. Deputy T.A. Coles of St. Helier South asked a question of the Minister for the Environment
regarding the requirements for toilets and bathrooms in new building developments.
Oral Questions without notice (see Official Report/Hansard)
The Minister for Social Security 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.
Arrangement of public business for the present meeting
THE STATES, adopting a proposition of the Minister for the Environment, agreed, in accordance with Standing Order 26(7), to reduce the minimum lodging period in respect of his amendment to the Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 202- (P.40/2023 Amd.(11) in order that they might be debated at the present meeting.
THE STATES rejected a proposition of Deputy Sir Philip Martin Bailhache of St. Clement , in accordance with Standing Order 26(7), to reduce the minimum lodging period in respect of the Draft Planning and Building (Amendment No. 8) (Repeal) (Jersey) Law 202- (P.90/2023) in order that it might be debated at the present meeting.
Members present voted as follows –
POUR: 20 CONTRE: 26 ABSTAIN: 0
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. Saviour Deputy C.F. Labey
Deputy S.G. Luce
Deputy M.R. Le Hegarat Deputy S.M. Ahier Deputy L.J. Farnham Deputy Sir P.M. Bailhache Deputy M.R. Scott Deputy R.E. Binet
Deputy A. Howell
Deputy T.J.A. Binet Deputy M.R. Ferey Deputy B. Ward
Connétable of St. Helier Connétable of St. Brelade Connétable of St. Mary Deputy G.P. Southern Deputy M. Tadier
Deputy L.M.C. Doublet Deputy K.F. Morel
Deputy R.J. Ward
Deputy C.S. Alves
Deputy I. Gardiner
Deputy I.J. Gorst
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 J. Renouf
Deputy C.D . Curtis
Deputy L.V. Feltham Deputy H.L. Jeune
Deputy M.E. Millar
Deputy R.S. Kovacs
Deputy A.F. Curtis
Deputy L.K.F. Stephenson Deputy M.B. Andrews
Adjournment
THE STATES, adopting a proposition of Deputy Lyndon John Farnham of St. Mary , St. Ouen and St. Peter , agreed, in accordance with Standing Order 45, to adjourn for lunch.
Members present voted as follows –
POUR: 40 CONTRE: 3 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 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.J. Gorst
Deputy L.J. Farnham Deputy K.L. Moore
Deputy S.Y. Mézec
Deputy Sir 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 H.L. Jeune
Deputy M.E. Millar
Deputy A. Howell
Deputy T.J.A. Binet
Deputy M.R. Ferey
Deputy R.S. Kovacs
Deputy B. Ward
Deputy L.K.F. Stephenson Deputy M.B. Andrews
Deputy M. Tadier Deputy R.E. Binet Deputy A.F. Curtis
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 202- P.40/2023
THE STATES, resuming consideration of the Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 202-, the principles having been adopted on 18th July 2023, commenced consideration of Regulation 1 and rejected a proposition of the Connétable of St. Brelade , in accordance with Standing Order 83(1)(a), that the matter should be referred back to the Minister for the Environment in order that further information relating to the proposition could be provided to the Assembly.
Members present voted as follows –
POUR: 18 CONTRE: 26 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 S.G. Luce
Deputy M.R. Le Hegarat Deputy Sir P.M. Bailhache Deputy M.R. Scott Deputy R.E. Binet
Deputy A. Howell
Deputy T.J.A. Binet Deputy B. Ward
Connétable of St. Helier Deputy G.P. Southern Deputy C.F. Labey
Deputy M. Tadier
Deputy L.M.C. Doublet Deputy S.M. Ahier
Deputy R.J. Ward
Deputy C.S. Alves
Deputy I. Gardiner
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 J. Renouf
Deputy C.D . Curtis
Deputy L.V. Feltham Deputy H.L. Jeune
Deputy M.E. Millar
Deputy M.R. Ferey
Deputy R.S. Kovacs
Deputy A.F. Curtis
Deputy L.K.F. Stephenson Deputy M.B. Andrews
THE STATES, resuming consideration of the Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 202-, commenced consideration of Regulation 1 and, adopting the first part of an amendment of the Minister for the Environment (P.40/2023 Amd.(11)), agreed that –
- for the definition "licence" there should be substituted –
""licence" means a licence in respect of a rented dwelling issued or renewed under Regulation 3 and, if a licence is modified as a result of a review or appeal under Regulation 5, means the licence as modified;"; and
- after the definition "minimum safety standards" there should be inserted – ""valid application" means an application –
- that complies with the requirements published under Regulation 2(3)(a) and (b);
- in respect of which all further information required by the Minister in accordance with Regulation 2(3)(c) is supplied;
- that is signed by the owner of the rented dwelling to which it relates or by a person acting on behalf of the owner; and
- that is accompanied by the fee (if any) published under Regulation 2(4).".
THE STATES adopted Regulation 1, as amended.
THE STATES, commencing consideration of Regulation 2, commenced consideration of the second part of an amendment of the Minister for the Environment (P.40/2023 Amd.(11)) and rejected an amendment of the Environment, Housing and Infrastructure Scrutiny Panel (P.40/2023 Amd.(11)Amd.) that substituted Regulation 2(2)(a) should be deleted and the subsequent sub-paragraphs re-numbered accordingly.
Members present voted as follows –
POUR: 12 CONTRE: 35 ABSTAIN: 0
Connétable of St. Brelade Connétable of Trinity Connétable of St. Martin Connétable of St. John 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 R.E. Binet Deputy B. Ward
Connétable of St. Helier Connétable of St. Peter Connétable of St. Clement Connétable of Grouville Deputy G.P. Southern Deputy M. Tadier
Deputy L.M.C. Doublet Deputy K.F. Morel
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 Sir 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 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 K.M. Wilson Deputy L.K.F. Stephenson Deputy M.B. Andrews
THE STATES, resuming consideration of the second part of the amendment of the Minister for the Environment to Regulation 2, rejected an amendment of the Environment, Housing and Infrastructure Scrutiny Panel (P.40/2023 Amd.(11)Amd.(2)) that, after substituted Regulation 2(4), there should be inserted –
"(5) The Minister must not impose fees if the dwelling to which the application relates is owned by –
- Andium Homes;
- Christians Together in Jersey Housing Trust;
- Clos de Paradis Housing Trust;
- F.B. Cottages Housing Trust;
- Jersey Homes Trust; or
- Les Vaux Housing Trust.".
Members present voted as follows –
POUR: 7 CONTRE: 33 ABSTAIN: 1 Connétable of St. Brelade Connétable of St. Helier Deputy R.S. Kovacs
Connétable of St. Peter Connétable of St. Martin
Connétable of St. Mary Connétable of St. John
Deputy S.G. Luce Connétable of St. Clement
Deputy M.R. Le Hegarat Connétable of Grouville
Deputy S.M. Ahier Connétable of St. Ouen
Deputy M.R. Scott Deputy G.P. Southern
Deputy C.F. Labey
Deputy L.M.C. Doublet
Deputy K.F. Morel
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 Sir P.M. Bailhache
Deputy T.A. Coles
Deputy B.B.de S.V.M. Porée
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 A.F. Curtis
Deputy B. Ward
Deputy K.M. Wilson
Deputy L.K.F. Stephenson
Deputy M.B. Andrews
THE STATES resumed consideration of Regulation 2 and, adopting the second part of the amendment of the Minister for the Environment, agreed that, for Regulation 2, there should be substituted –
"2 Licensing of rented dwellings
- A person having control of a dwelling to which this Regulation applies must not allow it to be used as a rented dwelling unless the dwelling is licensed for use as a rented dwelling by the Minister in accordance with these Regulations.
- This Regulation applies to any part of a dwelling other than –
- a registered lodging house within the meaning of the Lodging Houses (Registration) (Jersey) Law 1962;
- premises registered under Article 6 of the Tourism (Jersey) Law 1948;
- premises which are used or intended to be used as a nursing home within the meaning of Article 1A of the Nursing Homes (Jersey) Law 1994; or
- residential accommodation that is a care home service, a children's home service or a residential family centre service within the meaning of Schedule 1 to the Regulation of Care (Jersey) Law 2014.
- The Minister must prepare and publish information setting out the following –
- the manner in which an application for a licence is to be made;
- the information required to be contained in the application;
- the further information, if any, the Minister may require in relation to the application.
- The Minister may impose fees for the issue of a licence and, if fees are imposed, they must be published.".
THE STATES adopted Regulation 2, as amended.
Members present voted as follows –
POUR: 35 CONTRE: 4 ABSTAIN: 0
Connétable of St. Helier 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 C.F. Labey
Deputy S.G. Luce
Deputy L.M.C. Doublet Deputy K.F. Morel
Deputy S.M. Ahier
Deputy R.J. Ward
Deputy C.S. Alves
Deputy I. Gardiner
Deputy I.J. Gorst
Deputy K.L. Moore
Deputy S.Y. Mézec
Deputy T.A. Coles
Deputy B.B.de S.V.M. Porée 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.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. Brelade Deputy M.R. Le Hegarat Deputy Sir P.M. Bailhache Deputy M.R. Scott
THE STATES commenced consideration of Regulation 3 to 6 and the Schedule and, adopting parts 3 to 7 of the amendment of the Minister for the Environment (P.40/2023 Amd.(11), agreed that –
for Regulation 3, there should be substituted –
"3 Issue of licences
- The Minister must license a dwelling to be used as a rented dwelling if –
- the Minister receives a valid application for a licence in respect of the dwelling; and
- the Minister is satisfied that –
- the dwelling meets the minimum safety standards, and
- there is no prescribed hazard present in the dwelling.
- A licence –
- commences on –
- the date specified by the Minister in the licence, or
- if no date is specified, the day it is issued; and
- expires 2 years after it commences.
- Before issuing or renewing a licence the Minister may inspect the dwelling.
- If, as a result of an inspection or information provided on an application, the Minister believes that the dwelling does not meet the minimum safety standards or that there is a prescribed hazard present in the dwelling, the Minister must –
- refuse to issue or renew the licence; or
- issue or renew the licence subject to a condition that, by a specified date, specified actions are taken to meet the minimum safety standards or to address the prescribed hazard.
- The Minister must determine a valid application in respect of a dwelling –
- if the Minister does not inspect the dwelling, within 20 working days after receiving the application; or
- if the Minister inspects the dwelling, within 20 working days after the inspection, which must be completed at the earliest reasonable opportunity.
- A licence is subject to the standard licence conditions set out in the Schedule.
- If the Minister refuses to issue or renew a licence, or issues a licence subject to conditions other than the standard licence conditions, the Minister must notify the person who applied for the licence or its renewal, in writing, of –
- the reasons for the decision; and
- the person's right to request a review and to appeal under Regulation 5.
4 Withdrawal of licences
- The Minister may withdraw a licence if –
- the Minister considers that –
- there is a prescribed hazard present in the dwelling, or
- a standard licence condition set out in the Schedule has not been, or is not being, complied with; or
- the person having control of the dwelling requests that the licence is withdrawn.
- If the Minister decides to withdraw a licence under paragraph (1)(a), the Minister must notify the person having control of the dwelling, in writing, of –
- the decision and the reasons for the decision; and
- the person's right to request a review and to appeal under Regulation 5.
- In establishing the identity of the person having control of the dwelling for the purpose of paragraph (2), the Minister is entitled to rely on information provided in an application for the licence or under paragraph (2) of the Schedule.
5 Review by Minister and appeal to the Royal Court
- A person entitled to be notified of a decision under Regulation 3(7) or 4(2) ("a relevant person") may, within 28 days of the notification, request that the Minister review the decision.
- A request for a review must contain –
- the relevant person's name and address for correspondence;
- the address of the dwelling to which the decision relates;
- the grounds on which the request is made, including why the relevant person disagrees with the decision and with the reasons given for it.
- The Minister must determine a request from a relevant person that meets the requirements of paragraph (2) within 20 working days after receiving the request.
- The determination of the Minister is substituted for the original decision.
- The Minister may suspend the effect of a decision that is subject to review until the determination of that review.
- If, on review, the Minister upholds the original decision in whole or in part, the Minister must notify the relevant person, in writing, of –
- the decision and the reasons for the decision; and
- the relevant person's right to appeal under paragraph (7).
- The relevant person may, within 28 days of that notification, appeal against the Minister's decision to the Royal Court.
- Article 11 of the Law applies, with the necessary modifications, to an appeal under this Article as if it were an appeal under Article 11 of the Law.";
for Regulation 4, there should be substituted –
"6 Offences
- A person who contravenes Regulation 2(1) commits an offence and is liable to a fine of level 3 on the standard scale.
- A person has a defence to an offence under paragraph (1) if –
- the Minister has withdrawn a licence for a dwelling under Regulation 4(1); and
- the person is unable to lawfully end the use of the dwelling as a rented dwelling.
- A person having control of a dwelling who does not comply with a condition of a licence in respect of the dwelling commits an offence and is liable to a fine of level 3 on the standard scale.
- A person has a defence to an offence under paragraph (3) if the person has taken all reasonable steps available to them, if any, to ensure compliance with the condition.
- Articles 15(2), 16(1) and (2) and 17 of the Law apply to an offence under this Regulation as they apply to offences under Article 15(1) of the Law.";
for Regulation 5, there should be substituted –
"7 Transitional provisions
- The Minister must issue a licence in respect of a dwelling if –
- when these Regulations come into force, the dwelling is a rented dwelling; and
- a valid application is made in respect of the dwelling before the end of 31st July 2024.
- These Regulations apply to a licence issued under paragraph (1) as if it were issued under Regulation 3, but –
- despite Regulation 3(2)(a), the licence commences on 1st May 2024;
- despite Regulation 3(3), the Minister is not entitled to inspect the dwelling to which the licence relates;
- despite Regulation 3(4)(a), the Minister must not refuse to issue the licence.
- A person is not liable to be convicted of an offence under Regulation 6 if the person's application is made in accordance with paragraph (1).
- Paragraph (3) ceases to apply upon the expiry of the licence issued under paragraph (1) or its withdrawal by the Minister.
- Nothing in this Regulation limits the Minister's powers under Regulation 3(4)(b) and 4(1).
- This Regulation is revoked on 1st May 2026.";
in Regulation 6 –
- the Regulation number should be changed to 8; and
- for "January" there should be substituted "May"; and
in the Schedule –
- in the sub-heading for "3(5)" there should be substituted "3(6)";
- for the text of paragraph (1) there should be substituted –
"(1) A person having control of a rented dwelling must ensure that the rented dwelling
complies with the minimum safety standards whenever it is used as a rented dwelling. (2) A failure to comply with a minimum safety standard is not a breach of sub- paragraph (1) if –
- the licence for the dwelling was issued with a condition requiring that, by a specified date, specified action is to be taken to meet the minimum safety standard;
- the failure is a continuation of the situation that gave rise to the requirement that the specified action was to be taken (as established by information provided on an application or by an inspection of the dwelling before the licence was issued) or arises as a result of taking that specified action; and
- the failure occurs before the specified date.";
(c) for the text of paragraph (2) there should be substituted –
"A person having control of a rented dwelling must ensure that the Minister is notified of the following changes within 28 days of their occurring –
- a change to their address, contact telephone number or email address;
- if there is a person acting on their behalf, a change to the address, contact telephone number or email address of the person acting on their behalf;
- a change to the emergency contact number provided to the occupier of the rented dwelling under paragraph 3(7)(b);
- the dwelling no longer being used as a rented dwelling.";
(d) in paragraph (3) –
- for sub-paragraph (1) there should be substituted –
"(1) A person having control of a rented dwelling must ensure that the occupier of the
rented dwelling is provided with –
- a copy of the licence; and
- written information explaining how to raise a concern or complaint concerning the dwelling.";
- for sub-paragraph (2) there should be substituted –
"(2) A person having control of the rented dwelling must ensure that the copy of the
licence and written information is provided –
- within 28 days of the day the licence commences; or
- in the case of anyone already in occupation of the dwelling on, or before, the commencement of these Regulations, within 28 days of the day the licence is issued."; and
- for sub-paragraph (4) there should be substituted –
"(4) In a case falling under sub-paragraph (3), a person having control of the rented
dwelling must ensure that the existing or new occupier is provided with the copy of the current licence and written information at the same time as the occupier is provided with the renewed or new agreement under which the dwelling is occupied."; and
- in sub-paragraph (8) for "The licence holder" there should be substituted "A person having control of the rented dwelling".
THE STATES adopted Regulations 3 to 8, as amended and re-designated.
Members present voted as follows –
POUR: 37 CONTRE: 4 ABSTAIN: 2
Connétable of St. Helier Connétable of St. Brelade Deputy M.R. Scott Connétable of St. Peter Deputy M.R. Le Hegarat Deputy A. Howell Connétable of St. Martin Deputy S.M. Ahier
Connétable of St. John Deputy Sir P.M. Bailhache
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 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 H.M. Miles
Deputy J. Renouf
Deputy C.D . Curtis
Deputy L.V. Feltham
Deputy R.E. Binet
Deputy H.L. Jeune
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 made Regulations entitled the Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 2023 under Article 5 of the Public Health and Safety (Rented Dwellings) (Jersey) Law 2018.
Members present voted as follows –
POUR: 37 CONTRE: 9 ABSTAIN: 1 Connétable of St. Helier Connétable of St. Brelade Deputy S.G. Luce
Connétable of St. Peter Connétable of Trinity
Connétable of St. Martin Connétable of St. Ouen
Connétable of St. John Deputy M.R. Le Hegarat
Connétable of St. Clement Deputy Sir P.M. Bailhache
Connétable of Grouville Deputy M.R. Scott Connétable of St. Mary Deputy R.E. Binet Connétable of St. Saviour Deputy A. Howell Deputy G.P. Southern Deputy T.J.A. Binet Deputy C.F. Labey
Deputy M. Tadier
Deputy L.M.C. Doublet
Deputy K.F. Morel
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 J. Renouf
Deputy C.D . Curtis
Deputy L.V. Feltham
Deputy H.L. Jeune
Deputy M.E. Millar
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, with reference to their Act dated 18th July 2023, recalled the declarations of interests that had been made in respect of the Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 202-.
Reform of the composition of the States Assembly P.76/2023
THE STATES, commencing consideration of a proposition of Deputy Mary Rose Scott of St. Brelade entitled Reform of the composition of the States Assembly' (P.76/2023), commenced consideration of an amendment of Deputy Lyndon John Farnham of St. Mary , St. Ouen and St. Peter (P.76/2023 Amd.).
Changes in Presidency
The Bailiff retired briefly from the Chamber during consideration of the proposition of Deputy Mary Rose Scott of St. Brelade entitled Reform of the composition of the States Assembly' (P.76/2023) and the meeting continued under the Presidency of Mrs. Lisa-Marie Hart , Greffier of the States, until the Bailiff 's return.
Adjournment
THE STATES adjourned, having agreed to reconvene on Wednesday 29th November 2023 to continue consideration of the proposition of Deputy Mary Rose Scott of St. Brelade entitled Reform of the composition of the States Assembly' (P.76/2023) and the other outstanding items of public business.
THE STATES rose at 5.30 p.m.
W.J.C. MILLOW Deputy Greffier of the States