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THE STATES assembled on Tuesday 4th July 2023, at 9.30 a.m. under
the Presidency of the Deputy Bailiff , Robert James MacRae , Esquire.
__________________
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 –
Deputy Inna Gardiner of St. Helier North – ill
Deputy Philip Francis Cyril Ozouf of St. Saviour – ill Deputy Raluca Stefana Kovacs of St. Saviour – en défaut
__________________
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. No members participated remotely in the meeting.
Subordinate enactments tabled
The following enactments were tabled, namely –
Education (Grants and Allowances) (Amendment No. 4) (Jersey) Order 2023. R&O.47/2023. Minister for Children and Education.
Sea Fisheries (Spider Crabs - Restrictions on Fishing) (Amendment No. 4) (Jersey) R&O.48/2023. Order 2023.
Road Traffic (Parking and Prohibition on Waiting - Amendments) (Jersey) Order 2023. R&O.49/2023. Minister for Infrastructure.
Control of Housing and Work (Exemptions) (Amendment No. 7) (Jersey) Order 2023. R&O.50/2023. Chief Minister.
Road Traffic (Public Parking Places) (Amendment No. 19) (Jersey) Order 2023. R&O.51/2023. Minister for Infrastructure.
Proceeds of Crime (Supervisory Bodies) (Transitional Provisions – Amendment) R&O.52/2023. (Jersey) Order 2023.
Sanctions and Asset-Freezing (Amendment - Automatic Implementation of Ports R&O.53/2023. Directions) (Jersey) Order 2023.
Minister for External Relations.
Documents presented
Draft Taxation (Exchange of Information – Amendment) (Jersey) Regulations 202-: P.28/2023. comments. Com. Presented: 28th June 2023, Economic and International Affairs Scrutiny Panel.
Draft Income Tax (High Value Residents – Amendment) (Jersey) Law 202- (P.29/2023) P.29/2023. – comments. Com. Presented: 21st June 2023, Corporate Services Scrutiny Panel.
Removal of compulsory independent taxation for existing married couples and civil P.32/2023. partnerships (P.32/2023): comments. Com. Presented: 30th June 2023, Minister for Treasury and Resources.
The operation and regulation of zero hour contracts in Jersey – a report from the Jersey R.70/2023. Employment Forum (R.70/2023) – Response of the Minister for Social Security. Res. Presented: 21st June 2023, Minister for Social Security.
Learning from previous Hospital projects: A follow up review (R.82/2023) – Executive R.82/2023. Response. Res. Presented: 29th June 2023, Public Accounts Committee.
Commissioner for Standards: Investigation of Complaint of Breach of the Code of R.107/2023. Conduct for Elected Members by Deputy K.F. Morel of St. John , St. Lawrence and
Trinity and Deputy K.L. Moore of St. Mary , St. Ouen and St. Peter .
Presented: 20th June 2023, Privileges and Procedures Committee.
Children's Commissioner for Jersey Annual Report 2022. R.109/2023. Presented: 28th June 2023, Children's Commissioner.
Transfers between heads of expenditure under the Public Finances (Jersey) Law 2019: R.110/2023. Article 18 – 23rd June 2023.
Presented: 3rd July 2023, Minister for Treasury and Resources.
New Healthcare Facilities Programme – Summary Strategic Outline Case. R.111/2023. Presented: 4th July 2023, Minister for Infrastructure.
New Healthcare Facilities Programme – Feasibility Study. R.112/2023. Presented: 4th July 2023, Minister for Infrastructure.
Presentation to the States Assembly of the 2022 Annual Reports and Accounts of the R.113/2023. wholly and majority owned States-owned entities.
Presented: 4th July 2023, Minister for Treasury and Resources.
Notification of lodged propositions
La Collette Waste Management Site – development plan (P.17/2023): second P.17/2023. amendment. Amd.(2). Lodged: 4th July 2023, Minister for Infrastructure.
Removal of compulsory independent taxation for existing married Couples and Civil P.32/2023. Partnerships (P.32/2023): amendment. Amd. Lodged: 26th June 2023, Deputy L.J. Farnham of St Mary, St. Ouen and St. Peter .
Removal of compulsory independent taxation for existing married Couples and Civil P.32/2023. Partnerships (P.32/2023): second amendment. Amd.(2). Lodged: 27th June 2023, Deputy C.S. Alves of St. Helier Central .
Entitlement to work – reduction in residency requirement. P.49/2023. Lodged: 27th June 2023, Deputy R.S. Kovacs of St. Saviour .
Supplementary Planning Guidance – Parking Strategy. P.50/2023. Lodged: 27th June 2023, Connétable of St. Helier .
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 –
Written Questions
(see Official Report/Hansard)
WQ.275/2023 1. The Chief Minister had tabled an answer on 19th June 2023 to a question asked by Deputy
M.B. Andrews of St. Helier North regarding States of Jersey employees leaving the organisation.
WQ.276/2023 2. The Chair of the States Employment Board had tabled an answer on 19th June 2023 to a
question asked by Deputy M.R. Scott of St. Brelade regarding staff statistics in Health and Community Services.
WQ.277/2023 3. The Minister for Home Affairs had tabled an answer on 19th June 2023 to a question asked
by Deputy M.R. Le Hegarat of St. Helier North regarding Road Traffic Collisions. WQ.278/2023 4. The Chief Minister had tabled an answer on 19th June 2023 to a question asked by Deputy
L.V. Feltham of St. Helier Central regarding individuals who were resident in the Island
under Regulation 2(1)(e) of the Control of Housing and Work (Residential and Employment
Status) (Jersey) Regulations 2013.
WQ.279/2023 5. The Minister for Health and Social Services had tabled an answer on 19th June 2023 to a
question asked by Deputy C.A. Alves of St. Helier Central regarding the Substance Use Strategy Report.
WQ.280/2023 6. The Minister for Treasury and Resources had tabled an answer on 19th June 2023 to a
question asked by Deputy S.Y. Mézec of St. Helier South regarding the new Tenant Non- Executive Director on the Board of Andium Homes.
WQ.281/2023 7. The Minister for Home Affairs had tabled an answer on 26th June 2023 to a question asked
by Deputy M.B. Andrews of St. Helier North regarding legislation to protect the identity of individuals who faced being prosecuted for rape.
WQ.282/2023 8. The Minister for Social Security had tabled an answer on 26th June 2023 to a question asked
by Deputy M.B. Andrews of St. Helier North regarding Health Insurance Fund expenditure. WQ.283/2023 9. The Chair of the States Employment Board had tabled an answer on 26th June 2023 to a
question asked by Deputy M.B. Andrews of St. Helier North regarding the number of
managers employed in the Health and Community Services department.
WQ.284/2023 10. The Chair of the States Employment Board had tabled an answer on 26th June 2023 to a
question asked by Deputy M.R. Scott of St. Brelade regarding working from home arrangements.
WQ.285/2023 11. The Minister for Children and Education had tabled an answer on 26th June 2023 to a
question asked by Deputy R.J. Ward of St. Helier Central regarding newly-qualified teachers. WQ.286/2023 12. The Minister for Housing and Communities had tabled an answer on 26th June 2023 to a
question asked by Deputy R.J. Ward of St. Helier Central regarding future housing policy.
WQ.287/2023 13. The Minister for Infrastructure had tabled an answer on 26th June 2023 to a question asked
by Deputy R.J. Ward of St. Helier Central regarding LibertyBus.
WQ.288/2023 14. The Minister for Health and Social Services had tabled an answer on 26th June 2023 to a
question asked by Deputy R.S. Kovacs of St. Saviour regarding knee and hip operations. WQ.289/2023 15. The Chief Minister had tabled an answer on 26th June 2023 to a question asked by Deputy
R.S. Kovacs of St. Saviour regarding businesses and employment licences.
WQ.290/2023 16. The Minister for Economic Development, Tourism, Sport and Culture had tabled an answer
on 3rd July 2023 to a question asked by Deputy M.B. Andrews of St. Helier North regarding current and capital account information.
WQ.291/2023 17. The Minister for the Environment had tabled an answer on 3rd July 2023 to a question asked
by Deputy M.B. Andrews of St. Helier North regarding the implementation of a Planning Appeals Board.
WQ.292/2023 18. The Minister for Health and Social Services had tabled an answer on 3rd July 2023 to a
question asked by Deputy M.B. Andrews of St. Helier North regarding private healthcare within the new healthcare facilities project.
WQ.293/2023 19. The Minister for the Environment had tabled an answer on 3rd July 2023 to a question asked
by Deputy S.G. Luce of Grouville and St. Martin regarding average sea temperatures. WQ.294/2023 20. The Chief Minister had tabled an answer on 3rd July 2023 to a question asked by Deputy
G.P. Southern of St. Helier Central regarding the Government's continuing commitment to
put children first'.
WQ.295/2023 21. The Minister for Children and Education had tabled an answer on 3rd July 2023 to a question
asked by Deputy R.J. Ward of St. Helier Central regarding staffing at the Department of Children, Young People, Education and Skills.
WQ.296/2023 22. The Minister for the Environment had tabled an answer on 3rd July 2023 to a question asked
by Deputy R.J. Ward of St. Helier Central regarding the e-bike subsidy.
WQ.297/2023 23. The Minister for the Environment had tabled an answer on 3rd July 2023 to a question asked
by Deputy R.J. Ward of St. Helier Central regarding the Carbon Neutral Fund.
WQ.298/2023 24. The Minister for Treasury and Resources had tabled an answer on 3rd July 2023 to a question
asked by Deputy L.J. Farnham of St. Ouen , St. Mary and St. Peter regarding the cost of the proposed New Healthcare Facilities.
WQ.299/2023 25. The Chair of the States Employment Board had tabled an answer on 3rd July 2023 to a
question asked by Deputy M.R. Scott of St. Brelade regarding the recruitment model applied for both the interim and permanent Chief Executive.
WQ.300/2023 26. The Chief Minister had tabled an answer on 3rd July 2023 to a question asked by Deputy
M.R. Scott of St. Brelade regarding training of 8D problem-solving and closed-loop processes.
WQ.301/2023 27. The Minister for the Environment had tabled an answer on 3rd July 2023 to a question asked
by Deputy M.R. Scott of St. Brelade regarding the Planning Committee.
WQ.302/2023 28. The Chief Minister had tabled an answer on 3rd July 2023 to a question asked by Deputy
L.V. Feltham of St. Helier Central regarding High Value Residents.
WQ.303/2023 29. The Minister for Economic Development, Tourism, Sport and Culture had tabled an answer
on 3rd July 2023 to a question asked by Deputy R.S. Kovacs of St. Saviour regarding the Cost of Living Strategy Group and the Inflation Strategy Group.
Oral Questions
(see Official Report/Hansard)
OQ.133/2023 1. Deputy L.V. Feltham of St. Helier Central asked a question of the Vice-Chair of the States
Employment Board regarding the use of retention payments in the public sector.
OQ.128/2023 2. Deputy A. Howell of St. John , St. Lawrence and Trinity asked a question of the Minister for
Health and Social Services regarding the Health and Community Services Interim Advisory Board.
OQ.129/2023 3. Deputy M.R. Scott of St. Brelade asked a question of the Chief Minister regarding cost-saving
achieved by the Government in the previous 12 months.
OQ.137/2023 4. Deputy G.P. Southern of St. Helier Central asked a question of the Chief Minister regarding
the number of children living in relative poverty in the Island.
OQ.141/2023 5. Deputy S.Y. Mézec of St. Helier South asked a question of the Assistant Minister for Children
and Education regarding the impact of the States Employment Board's pay policy on the recruitment and retention of teachers.
OQ.135/2023 6. Deputy T.A. Coles of St. Helier South asked a question of the Assistant Minister for External
Relations regarding the agreements that had recently been signed with France.
OQ.126/2023 7. Deputy M.B. Andrews of St. Helier North asked a question of the Chief Minister regarding
the publication of information on gender pay by non-public sector organisations. OQ.131/2023 8. Deputy R.J. Ward of St. Helier Central asked a question of the Assistant Minister for Children
and Education regarding the status of recruitment and retention in education.
OQ.139/2023 9. Deputy C.S. Alves of St. Helier Central asked a question of the Minister for Health and Social
Services regarding waiting times for magnetic resonance imaging (MRI) scans.
OQ.143/2023 10. Deputy B.B.de S.V.M. Porée of St. Helier South asked a question of the Minister for the
Environment regarding measures to encourage the move from cars to public transport. OQ.136/2023 11. Deputy T.A. Coles of St. Helier South asked a question of the Minister for Treasury and
Resources regarding the action taken to stop UK firms from charging the equivalent of VAT
in addition to GST.
OQ.142/2023 12. Deputy S.Y. Mézec of St. Helier South asked a question of the Minister for Health and Social
Services regarding rheumatology services.
OQ.130/2023 13. Deputy M.R. Scott of St. Brelade asked a question of the Chief Minister regarding
productivity within the Government of Jersey.
OQ.138/2023 14. Deputy G.P. Southern of St. Helier Central asked a question of the Minister for Treasury and
Resources regarding the impact of changes in the UK Bank Rate on Jersey households.
OQ.132/2023 15. Deputy R.J. Ward of St. Helier Central asked a question of the Vice-Chair of the States
Employment Board regarding the impact of pay deals on recruitment and retention. OQ.134/2023 16. Deputy L.V. Feltham of St. Helier Central asked a question of the Vice-Chair of the States
Employment Board regarding the actions taken by the Board to address teachers' concerns
regarding their level of pay.
OQ.140/2023 17. Deputy C.S. Alves of St. Helier Central asked a question of the Assistant Minister for
Infrastructure regarding the number of Active Card members who had cancelled or not renewed their membership.
Suspension of Meeting
The Deputy Bailiff , during the period allowed for oral questions with notice, suspended the meeting for a period of 5 minutes, in accordance with Standing Order 46, following reports from Members of a smell of burning in the States Chamber and in order to allow for the matter to be investigated.
Oral Questions without notice (see Official Report/Hansard)
The Minister for Economic Development, Tourism, Sport and Culture answered questions without notice from members.
The Minister for Social Security answered questions without notice from members. The Chief Minister answered questions without notice from members.
Statements on a matter of official responsibility (see Official Report/Hansard)
The Minister for Infrastructure made a statement regarding the Strategic Outline Case and Feasibility Study of the New Healthcare Facilities.
Draft Taxation (Exchange of Information – Amendment) (Jersey) Regulations 202- P.28/2023
THE STATES commenced consideration of the Draft Taxation (Exchange of Information – Amendment) (Jersey) Regulations 202- and adopted the principles.
Members present voted as follows –
POUR: 42 CONTRE: 0 ABSTAIN: 0
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 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 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 R.E. Binet
Deputy H.L. Jeune
Deputy M.E. Millar
Deputy A. Howell
Deputy M.R. Ferey
Deputy A.F. Curtis
Deputy B. Ward
Deputy K.M. Wilson 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 Regulations 1 to 4.
THE STATES made Regulations entitled the Taxation (Exchange of Information – Amendment) (Jersey) Regulations 2023 under Article 2 of the Taxation (Implementation) (Jersey) Law 2004.
Draft Income Tax (High Value Residents – Amendment) (Jersey) Law 202- P.29/2023
THE STATES commenced consideration of the Draft Income Tax (High Value Residents – Amendment) (Jersey) Law 202- and adopted the principles.
Members present voted as follows –
POUR: 41 CONTRE: 1 ABSTAIN: 0 Connétable of St. Lawrence Connétable of Trinity
Connétable of St. Brelade
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 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 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 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 3.
THE STATES, subject to the sanction of His Most Excellent Majesty in Council, adopted a Law entitled the Income Tax (High Value Residents – Amendment) (Jersey) Law 202-.
Members present voted as follows –
POUR: 43 CONTRE: 1 ABSTAIN: 0 Connétable of St. Helier Connétable of Trinity
Connétable of St. Lawrence
Connétable of St. Brelade
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 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 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
Amendment to Standing Orders – various amendments P.30/2023
THE STATES, adopting a proposition of the Privileges and Procedures Committee entitled Amendment to Standing Orders – various amendments' (P.30/2023), agreed a series of amendments to the Standing Orders of the States of Jersey, with immediate effect.
Members present voted as follows –
POUR: 42 CONTRE: 0 ABSTAIN: 0
Connétable of St. Helier 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 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 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 A.F. Curtis
Deputy B. Ward
Deputy K.M. Wilson Deputy L.K.F. Stephenson Deputy M.B. Andrews
Removal of compulsory independent taxation for existing married couples and civil partnerships P.32/2023
THE STATES commenced consideration of a proposition of Deputy Lyndon John Farnham of St. Mary , St. Ouen and St. Peter entitled Removal of compulsory independent taxation for existing married couples and civil partnerships' (P.32/2023) and, adopting an amendment of Deputy Lyndon John Farnham of St. Mary , St. Ouen and St. Peter (P.32/2023 Amd.), agreed that, after paragraph (b), there should be inserted the following new paragraph –
"(c) to request the Minister for Treasury and Resources to take the necessary steps to modernise joint
taxation returns to ensure married couples and civil partners, who choose to remain subject to joint taxation, will have shared responsibility for their tax return, and that both parties to the tax return will be required to sign."
THE STATES resumed consideration of the proposition of Deputy Lyndon John Farnham of St. Mary , St. Ouen and St. Peter , as amended, and, adopting an amendment of Deputy Carina Soares Alves of St. Helier Central (P.32/2023 Amd.(2)), agreed that, after paragraph (b), there should be inserted the following new paragraph –
"(c) that for those who married or who entered into a civil partnership after 31st December 2021, and
those who married or entered into a civil partnership before 31st December 2021 and moved to the Island after this date, who are automatically assessed independently for tax, there should be the ability to opt for application of the current marriage and civil partnership exemption thresholds and allowances."
THE STATES noted that the new paragraph would be re-designated as paragraph (d) in light of the Assembly's prior adoption of the amendment of Deputy Lyndon John Farnham of St. Mary , St. Ouen and St. Peter (P.32/2023 Amd.).
THE STATES resumed consideration of the proposition of Deputy Lyndon John Farnham of St. Mary , St. Ouen and St. Peter , as amended.
Adjournment
THE STATES adjourned, having agreed to reconvene on Wednesday 5th July 2023 to continue consideration of the proposition of Deputy Lyndon John Farnham of St. Mary , St. Ouen and St. Peter entitled Removal of compulsory independent taxation for existing married couples and civil partnerships' (P.32/2023), as amended, and the other outstanding items of public business.
THE STATES rose at 5.31 p.m.
W.J.C. MILLOW Deputy Greffier of the States