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THE STATES assembled on Wednesday 5th 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 Michael Keith Jackson of St. Brelade – absent on States business Deputy Montfort Tadier of St. Brelade – absent on States business
Deputy Inna Gardiner of St. Helier North – ill
Deputy Philip Francis Cyril Ozouf of St. Saviour – ill
Deputy Raluca Stefana Kovacs of St. Saviour – excused attendance
__________________
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.
Belgian Ambassador to the United Kingdom – welcome
The Presiding Officer, on behalf of all members, welcomed His Excellency Mr. Bruno van der Pluijm, Ambassador of Belgium to the United Kingdom, who was present in the Public Gallery.
Removal of compulsory independent taxation for existing married couples and civil partnerships P.32/2023
THE STATES resumed 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 rejected paragraph (a) of the proposition that independent taxation should not be mandatory for married couples and civil partners who currently completed a joint tax return and who chose not to elect for independent taxation prior to 29th July 2022.
Members present voted as follows –
POUR: 20 CONTRE: 21 ABSTAIN: 0
Connétable of St. Helier Connétable of St. Lawrence Connétable of Trinity Connétable of St. Clement Connétable of Grouville Connétable of St. Saviour Deputy G.P. Southern
Connétable of St. Peter Connétable of St. Martin Connétable of St. John Connétable of St. Mary Deputy L.M.C. Doublet Deputy K.F. Morel Deputy M.R. Le Hegarat
Deputy S.G. Luce
Deputy R.J. Ward
Deputy C.S. Alves
Deputy L.J. Farnham Deputy S.Y. Mézec
Deputy Sir P.M. Bailhache Deputy T.A. Coles
Deputy B.B.de S.V.M. Porée Deputy C.D . Curtis
Deputy L.V. Feltham Deputy R.E. Binet
Deputy A. Howell
Deputy B. Ward
Deputy S.M. Ahier Deputy I.J. Gorst
Deputy K.L. Moore Deputy D.J. Warr
Deputy H.M. Miles Deputy M.R. Scott Deputy J. Renouf
Deputy H.L. Jeune Deputy M.E. Millar Deputy M.R. Ferey Deputy A.F. Curtis Deputy K.M. Wilson Deputy L.K.F. Stephenson Deputy M.B. Andrews
THE STATES, adopting paragraph (b) of the proposition, requested the Minister for Treasury and Resources to take the necessary steps to ensure that joint taxation remained available for any such married couples and civil partners.
Members present voted as follows –
POUR: 21 CONTRE: 20 ABSTAIN: 0
Connétable of St. Helier Connétable of St. Lawrence Connétable of Trinity Connétable of St. Clement Connétable of Grouville Connétable of St. Saviour Deputy G.P. Southern Deputy S.G. Luce
Deputy R.J. Ward
Deputy C.S. Alves
Deputy L.J. Farnham Deputy S.Y. Mézec
Deputy Sir P.M. Bailhache Deputy T.A. Coles
Deputy B.B.de S.V.M. Porée Deputy M.R. Scott
Deputy C.D . Curtis
Deputy L.V. Feltham Deputy R.E. Binet
Deputy A. Howell
Deputy B. Ward
Connétable of St. Peter Connétable of St. Martin Connétable of St. John Connétable of St. Mary Deputy L.M.C. Doublet Deputy K.F. Morel Deputy M.R. Le Hegarat Deputy S.M. Ahier Deputy I.J. Gorst
Deputy K.L. Moore Deputy D.J. Warr
Deputy H.M. Miles Deputy J. Renouf
Deputy H.L. Jeune Deputy M.E. Millar Deputy M.R. Ferey Deputy A.F. Curtis Deputy K.M. Wilson Deputy L.K.F. Stephenson Deputy M.B. Andrews
THE STATES rejected paragraph (c) of the proposition 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 chose to remain subject to joint taxation, would have shared responsibility for their tax return, and that both parties to the tax return would be required to sign.
Members present voted as follows –
POUR: 20 CONTRE: 21 ABSTAIN: 0
Connétable of St. Helier Connétable of St. Peter Connétable of St. Lawrence Connétable of St. Martin
Connétable of Trinity Connétable of St. Clement Connétable of Grouville Connétable of St. Saviour Deputy G.P. Southern Deputy S.G. Luce
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 M.R. Scott
Deputy C.D . Curtis
Deputy L.V. Feltham Deputy R.E. Binet
Deputy A. Howell
Deputy B. Ward
Connétable of St. John Connétable of St. Mary Deputy L.M.C. Doublet Deputy K.F. Morel Deputy M.R. Le Hegarat Deputy S.M. Ahier
Deputy I.J. Gorst
Deputy K.L. Moore Deputy Sir P.M. Bailhache Deputy D.J. Warr
Deputy H.M. Miles Deputy J. Renouf
Deputy H.L. Jeune Deputy M.E. Millar Deputy M.R. Ferey Deputy A.F. Curtis Deputy K.M. Wilson Deputy L.K.F. Stephenson Deputy M.B. Andrews
THE STATES rejected paragraph (d) pf the proposition 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 were 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.
Members present voted as follows –
POUR: 18 CONTRE: 23 ABSTAIN: 0
Connétable of St. Helier Connétable of Trinity Connétable of St. Clement Connétable of Grouville Connétable of St. Saviour Deputy G.P. Southern Deputy S.G. Luce
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 M.R. Scott
Deputy C.D . Curtis
Deputy L.V. Feltham Deputy A. Howell
Deputy B. Ward
Connétable of St. Lawrence Connétable of St. Peter Connétable of St. Martin Connétable of St. John Connétable of St. Mary Deputy L.M.C. Doublet Deputy K.F. Morel Deputy M.R. Le Hegarat Deputy S.M. Ahier
Deputy I.J. Gorst
Deputy K.L. Moore Deputy Sir 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 M.R. Ferey Deputy A.F. Curtis Deputy K.M. Wilson Deputy L.K.F. Stephenson Deputy M.B. Andrews
Changes in Presidency
The Deputy Bailiff retired briefly from the Chamber during 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) and the meeting continued under the Presidency of Mr. William John Charles Millow , Deputy Greffier of the States, until his return.
Draft Income Tax (High Value Residents – Amendment) (Jersey) Law 202- P.29/2023
THE STATES, in accordance with the provisions of Standing Order 80A, made an Act under Article 12 of the Public Finances (Jersey) Law 2019, declaring that the taxation draft entitled the Income Tax (High Value Residents – Amendment) (Jersey) Law 202- (lodged au Greffe on 16th May 2023 by the Minister for Treasury and Resources (P.29/2023) as adopted on 4th July 2023 in third reading by the States), had immediate effect as if that draft had been confirmed by His Majesty in Council and registered in the Royal Court on the date of the making of this Act.
Jersey Police Complaints Authority – Appointment of Member P.37/2023
THE STATES commenced consideration of a proposition of the Minister for Home Affairs entitled Jersey Police Complaints Authority – Appointment of Member' (P.37/2023) and, adopting the proposition, appointed, in accordance with Article 2 of, and the Schedule to, the Police (Complaints and Discipline) (Jersey) Law 1999, the following person as a member of the Jersey Police Complaints Authority for a period of 3 years, commencing immediately –
Mrs Rachel Catchpole.
Members present voted as follows –
POUR: 38 CONTRE: 0 ABSTAIN: 0
Connétable of St. Helier Connétable of St. Lawrence 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 K.F. Morel
Deputy M.R. Le Hegarat Deputy S.M. Ahier
Deputy R.J. Ward
Deputy C.S. Alves
Deputy L.J. Farnham Deputy 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 L.K.F. Stephenson Deputy M.B. Andrews
Taxation of High Value Residents P.44/2023
THE STATES commenced consideration of a proposition of Deputy Lyndsay Victoria Feltham of St. Helier Central entitled Taxation of High Value Residents' (P.44/2023) and rejected paragraph (a) to request the Minister for Treasury and Resources to bring forward the necessary legislative changes to the Income Tax (Jersey) Law 1961 to remove the prescribed limit relating to High Value Residents' income tax contribution.
Members present voted as follows –
POUR: 12 CONTRE: 28 ABSTAIN: 2
Connétable of St. Lawrence Connétable of St. Helier Deputy R.E. Binet Connétable of St. Ouen Connétable of Trinity Deputy T.J.A. Binet Connétable of St. Saviour Connétable of St. Peter
Deputy G.P. Southern Connétable of St. Martin
Deputy R.J. Ward Connétable of St. John
Deputy C.S. Alves Connétable of St. Clement
Deputy S.Y. Mézec Connétable of Grouville
Deputy T.A. Coles Connétable of St. Mary
Deputy B.B.de S.V.M. Porée Deputy C.F. Labey
Deputy C.D . Curtis Deputy S.G. Luce
Deputy L.V. Feltham Deputy L.M.C. Doublet
Deputy A.F. Curtis Deputy K.F. Morel
Deputy M.R. Le Hegarat
Deputy S.M. Ahier
Deputy I.J. Gorst
Deputy K.L. Moore
Deputy Sir P.M. Bailhache
Deputy D.J. Warr
Deputy H.M. Miles
Deputy M.R. Scott
Deputy J. Renouf
Deputy M.E. Millar
Deputy A. Howell
Deputy M.R. Ferey
Deputy B. Ward
Deputy K.M. Wilson
Deputy L.K.F. Stephenson
Deputy M.B. Andrews
Following the rejection of paragraph (a) of the proposition, the Deputy Bailiff informed the Assembly that paragraph (b) of the proposition was deemed to have been withdrawn.
THE STATES rejected paragraph (c) of the proposition to request the Council of Ministers to undertake a full and comprehensive cost benefit review of the High Value Residents' scheme to be presented as a report to the Assembly by 1st November 2023.
Members present voted as follows –
POUR: 19 CONTRE: 21 ABSTAIN: 2
Connétable of St. Helier Connétable of Trinity Deputy R.E. Binet Connétable of St. Lawrence Connétable of St. Peter Deputy T.J.A. Binet Connétable of St. Martin Connétable of St. John
Connétable of St. Clement Deputy G.P. Southern
Connétable of Grouville Deputy S.G. Luce
Connétable of St. Ouen Deputy L.M.C. Doublet
Connétable of St. Mary Deputy K.F. Morel
Connétable of St. Saviour Deputy S.M. Ahier
Deputy C.F. Labey Deputy I.J. Gorst
Deputy M.R. Le Hegarat Deputy K.L. Moore
Deputy R.J. Ward Deputy Sir P.M. Bailhache
Deputy C.S. Alves Deputy D.J. Warr
Deputy S.Y. Mézec Deputy H.M. Miles
Deputy T.A. Coles Deputy M.R. Scott
Deputy B.B.de S.V.M. Porée Deputy J. Renouf
Deputy C.D . Curtis Deputy M.E. Millar
Deputy L.V. Feltham Deputy A. Howell
Deputy A.F. Curtis Deputy M.R. Ferey
Deputy M.B. Andrews Deputy B. Ward
Deputy K.M. Wilson
Deputy L.K.F. Stephenson
THE STATES noted that, in accordance with the provisions of Standing Order 106, both Deputy Rosemary Esther Binet of Grouville and St. Martin and Deputy Thomas John Albert Binet of St. Saviour declared an interest in the subject of the proposition of Deputy Lyndsay Victoria Feltham of St. Helier Central , in that they were landlords of tenants who were High Value Residents and, as the interest was a financial interest that was personal to them, they both abstained from voting on the proposition.
Arrangement of public business for future meetings
THE STATES, adopting a proposition of the Chair of the Privileges and Procedures Committee, agreed that the meeting scheduled for 18th July 2023 would begin at 2.30 p.m. on Monday 17th July 2023 for the purpose of considering oral questions with notice, oral questions without notice and any statements that would be made; with the consideration of public business listed for debate at the meeting to begin on Tuesday 18th July 2023.
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) –
17th July 2023
(Meeting to commence at 2.30 p.m. on Monday 17th July 2023. Consideration of Public Business to commence at 9.30 a.m. on 18th July 2023.)
La Collette Waste Management Site – development plan (P.17/2023): second P.17/2023. amendment. Amd.(2). Lodged: 4th July 2023, Minister for Infrastructure.
Draft EU Legislation (Information Accompanying Transfers of Funds) (Amendment) P.36/2023. (Jersey) Regulations 202-.
Lodged: 26th May 2023, Chief Minister.
New Stamp Duty Rates. P.39/2023. Lodged: 5th June 2023, Deputy M.B. Andrews of St. Helier North .
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.40/2023. 202-
Lodged: 5th June 2023, Minister for the Environment.
Draft Proceeds of Crime (Financial Intelligence – Commencement of Amendment P.42/2023. Regulations) (Jersey) Act 202-.
Lodged: 12th June 2023, Chief Minister.
States of Jersey Development Company Limited: re-appointment of a Non-Executive P.43/2023. Director.
Lodged: 12th June 2023, Minister for Treasury and Resources.
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 .
12th September 2023
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.
THE STATES rose at 3.19 p.m.
W.J.C. MILLOW Deputy Greffier of the States