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States Minutes 16 January 2024

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THE STATES assembled on Tuesday 16th January 2024, 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 –

Deputy Montfort Tadier of St. Brelade – excused attendance (arrived in the Chamber at 9.44 a.m.) Deputy Carina Soares Alves of St. Helier Central – en défaut (défaut raised at 9.36 a.m.)

Deputy Lyndon John Farnham of St. Mary , St. Ouen and St. Peter – en défaut (défaut raised at 9.56 a.m.)  

 __________________

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. The following Members attended remotely, either for all or part of the meeting –

Connétable Philip Bond Le Sueur of Trinity

Connétable Mark Anthony Labey of Grouville

Connétable Kevin Charles Lewis of St. Saviour

Deputy Rosemary Esther Binet of Grouville and St. Martin

Subordinate enactments tabled

The following enactments were tabled, namely –

Sanctions  and  Asset-Freezing  (Implementation  of  External  Sanctions)  (Iran   R&O.119/2023. Amendment) (Jersey) Order 2023.

Minister for External Relations.

Road Traffic ( St. Brelade and Disabled Persons Parking – Amendments) (Jersey) Order  R&O.121/2023. 2023.

Minister for Infrastructure.

Environment (2024 Miscellaneous Fees) (Jersey) Order 2023. R&O.122/2023. Minister for the Environment.

Marriage and Civil Partnerships (2024 Fees) (Jersey) Order 2023.  R&O.123/2023. Minister for Justice and Home Affairs.

Infrastructure (Driver and Vehicle Standards – 2024 Fees) (Jersey) Order 2023.  R&O.124/2023. Minister for Infrastructure.

Road Traffic (Public Parking Places) (Amendment No. 20) (Jersey) Order 2023.  R&O.125/2023. Minister for Infrastructure.

Documents presented

Draft Crime (Public Order) (Jersey) Law 202-. (P.97/2023): Children's Rights Impact  P.97/2023. Assessment.  Add. Presented: 16th January 2024, Minister for Justice and Home Affairs.

Draft Crime (Public Order) (Jersey) Law 202-. (P.97/2023): comments. P.97/2023. Presented:12th January 2024, Children, Education and Home Affairs Scrutiny Panel.  Com.

Requirement for Seconder at Time of Lodging a Proposition (P.102/2023) – Child P.102/2023. Rights Impact Assessment. Add. Lodged: 14th December 2023, Deputy M.R. Ferey of St. Saviour

Maximum  Employment  Probation  Periods  (P.103/2023)   Child  Rights  Impact P.103/2023. Assessment.  Add. Lodged: 14th December 2023, Deputy M.B. Andrews of St. Helier North

Maximum  Employment  Probation  Periods  (P.103/2023):  amendment.  (P.103/2023 P.103/2023. Amd): Child Rights Impact Assessment.  Amd.Add. Presented: 5th January 2024, Deputy M.B. Andrews of St. Helier North .

Maximum Employment Probation Periods (P.103/2023): comments.  P.103/2023. Presented: 12th January 2024, Minister for Social Security.  Com.

Remote participation within the States Assembly for the purpose of election of a Chief P.3/2024. Minister or Minister (P.3/2024): Children's rights impact assessment.  Add. Presented: 12th January 2024, Deputy M.R. Scott of St. Brelade .

Remote participation to the States Assembly for the purpose of election of a Chief  P.3/2024. Minister or Minister (P.3/2024): comments.  Com. Presented: 16th January 2024, Privileges and Procedures Committee.

The Seaside Café site at Grève de Lecq - acquisition by the public and transfer to the P.5/2024. National Trust for Jersey (P.5/2024): Children's rights impact assessment.  Add. Presented: 15th January 2024, Deputy L.J. Farnham of St. Mary , St. Ouen and St. Peter .

Draft Income Tax (Amendment – Stage 2 of Independent Taxation) (Jersey) Law 202-  P.6/2024. (P.6/2024): Children's Rights Impact Assessment.  Add. Presented: 16th January 2024, Minister for Treasury and Resources.

States of Jersey 2022 Annual Report and Accounts (R.73/2023) – comments.  R.73/2023. Presented: 11th January 2024, Public Accounts Committee.  Com.

Transfers between heads of expenditure under the Public Finances (Jersey) Law 2019: R.179/2023. Article 18 – 14th December 2023.

Presented: 15th December 2023, Minister for Treasury and Resources.

Transfers between heads of expenditure under the Public Finances (Jersey) Law 2019: R.180/2023. Article 18 – 14th December 2023.

Presented: 15th December 2023, Minister for Treasury and Resources.

Living wage and minimum wage – investigation of statutory and other frameworks. R.181/2023. Presented: 18th December 2023, Minister for Social Security.

Commissioner for Standards: Investigation of Complaint of Breach of the Code of R.182/2023. Conduct for Elected Members by Deputy K.M. Wilson of St. Clement and Deputy G.P.

Southern of St. Helier Central .

Presented: 21st December 2023, Privileges and Procedures Committee.

States of Jersey Law 2005: delegation of functions – Minister for Health and Social R.1/2024. Services – appointment of Assistant Minister.

Presented: 3rd January 2024, Minister for Health and Social Services.

States of Jersey Law 2005: delegation of functions – Chief Minister – Infrastructure R.2/2024. portfolio and Assistant Minister appointments.

Presented: 4th January 2024, Chief Minister.

Commissioner for Standards: investigation of complaint of breach of the code of R.3/2024. practice for elected members by Deputy K.F. Morel of St. John , St. Lawrence , and

Trinity .

Presented: 4th January 2024, Privileges and Procedures Committee.

Government of Jersey Policy Framework for the Ports Sector.  R.4/2024. Presented: 9th January 2024, Minister for Sustainable Economic Development.

States of Jersey Law 2005: delegation of functions – Minister for Social Security – R.5/2024. delegation of powers to appoint officers to the Comptroller, Assistant Comptroller of

Revenue (Technical) and the Manager – Operations in Revenue Jersey.

Presented: 10th January 2024, Minister for Social Security.

Law Revision Board: summary of decisions – November 2023.  R.6/2024. Presented: 11th January 2024, Law Revision Board.

Children and Young People (Jersey) Law 202- Statutory Guidance. R.7/2024. Presented: 12th January 2024, Minister for Children and Education.

Children and Young People Safeguarding Arrangements. R.8/2024. Presented: 12th January 2024, Minister for Children and Education.

New Healthcare Facilities Programme Review – Interim Report (S.R.3/2023): Response S.R.3/2023. of the Chief Minister on behalf of the New Healthcare Facilities Ministerial Group.  Res. Presented: 14th December 2023, Chief Minister.

Bridging Liquid Waste Strategy 2023-2026 Scrutiny Review - Final Report  S.R.1/2024. Presented: 15th January 2024, Environment, Housing and Infrastructure Scrutiny Panel.

Notification of lodged propositions

Maximum Employment Probation Periods (P.103/2023): amendment.  P.103/2023. Lodged: 5th January 2024, Deputy M.B. Andrews of St. Helier North .  Amd. Draft Children and Civil Status (Amendments) (Jersey) Law 202-. P.104/2023. Lodged: 21st December 2023, Minister for Children and Education.

Draft Wills and Succession (Amendment No. 3 – Collateral Succession of Immovable P.105/2023. Estate) (Jersey) Law 202-.

Lodged: 22nd December 2023, Chief Minister.

Vote of No Confidence: Chief Minister.  P.1/2024. Lodged: 2nd January 2024, Deputy T.J.A. Binet of St. Saviour .

Draft Children and Young People (Jersey) Commencement Act 202-.  P.2/2024. Lodged: 12th January 2024, Minister for Children and Education.

Remote participation to the States Assembly for the purpose of election of a Chief P.3/2024. Minister or Minister.

Lodged: 12th January 2024, Deputy M.R. Scott of St. Brelade .

Jersey Overseas Aid: re-appointment of a Commissioner.  P.4/2024. Lodged: 12th January 2024, Minister for International Development.

The Seaside Café site at Grève de Lecq - acquisition by the public and transfer to the P.5/2024. National Trust for Jersey.

Lodged: 15th January 2024, Deputy L.J. Farnham of St. Mary , St. Ouen and St. Peter .

Draft Income Tax (Amendment – Stage 2 of Independent Taxation) (Jersey) Law 202-.  P.6/2024. Lodged: 16th January 2024, Minister for Treasury and Resources.

Written Questions

(see Official Report/Hansard)

WQ.474/2023  1.  The Chair of the States Employment Board had tabled an answer on 11th December 2023 to

a question asked by Deputy M.B. Andrews of St. Helier North regarding the number of staff made redundant in 2023.

WQ.475/2023 2.  The Minister for Social Security had tabled an answer on 11th December 2023 to a question

asked by Deputy M.B. Andrews of St. Helier North regarding the statutory minimum period of notice for employees.

WQ.476/2023 3.  The Minister for Treasury and Resources had tabled an answer on 11th December 2023 to a

question asked by Deputy M.B. Andrews of St. Helier North regarding Corporate Income Tax.

WQ.477/2023 4.  The Minister for Treasury and Resources had tabled an answer on 11th December 2023 to a

question asked by Deputy M.R. Scott of St. Brelade regarding revenue expenditure growth bids.

WQ.478/2023 5.  The Minister for Treasury and Resources had tabled an answer on 11th December 2023 to a

question asked by Deputy M.R. Scott of St. Brelade regarding ITIS (Income Tax Instalment Scheme) payments.

WQ.479/2023 6.  The Minister for Infrastructure had tabled an answer on 11th December 2023 to a question

asked by Deputy M.R. Scott of St. Brelade regarding facilities management.

WQ.480/2023 7.  The Chief Minister had tabled an answer on 11th December 2023 to a question asked by the

Connétable of St. Martin regarding joint working with Guernsey on healthcare matters.

WQ.481/2023 8. The Minister for Children and Education had tabled an answer on 11th December 2023 to a

question asked by Deputy R.J. Ward of St. Helier Central regarding the use of agency teaching staff from the UK.

WQ.482/2023 9. The Minister for Children and Education had tabled an answer on 11th December 2023 to a

question asked by Deputy R.J. Ward of St. Helier Central regarding the Education Reform Programme.

WQ.483/2023 10. The Minister for Social Security had tabled an answer on 11th December 2023 to a question

asked by Deputy R.J. Ward of St. Helier Central regarding child maintenance payments from separated parents.

WQ.484/2023 11. The Minister for the Environment had tabled an answer on 11th December 2023 to a question

asked by Deputy M. Tadier of St. Brelade regarding the provision of grants for the restoration of listed buildings.

WQ.485/2023 12. The Minister for Sustainable Economic Development had tabled an answer on 11th

December 2023 to a question asked by Deputy M. Tadier of St. Brelade regarding alcohol duty rates.

WQ.486/2023 13. The Minister for Sustainable Economic Development had tabled an answer on 11th

December 2023 to a question asked by Deputy M. Tadier of St. Brelade regarding capital bids submitted by Jersey Arts Centre.

WQ.487/2023 14. The Minister for Social Security had tabled an answer on 11th December 2023 to a question

asked by Deputy L.V. Feltham of St. Helier Central regarding Child Personal Care Benefit. WQ.488/2023 15. The Minister for Social Security had tabled an answer on 11th December 2023 to a question

asked by Deputy L.V. Feltham of St. Helier Central regarding the Home Carer's Allowance. WQ.489/2023 16. The Chief Minister had tabled an answer on 11th December 2023 to a question asked by

Deputy S.Y. Mézec of St. Helier South regarding the completion of the new Government

building.

Oral Questions

(see Official Report/Hansard)

OQ.2/2024  1.   Deputy M.R. Scott of St. Brelade asked a question of the Chief Minister regarding the

expenditure of public money on entering public service employees in the UK's Personnel Today Awards 2023.

OQ.3/2024  2.   Deputy M. Tadier of St. Brelade asked a question of the Chief Minister regarding a resolution

to the pay dispute with teachers.

OQ.10/2024  3.   Deputy S.Y. Mézec of St. Helier South asked a question of the Chief Minister regarding the

position of the Council of Ministers in respect of the introduction of a statutory living wage. OQ.4/2024  4.  The Connétable of St. Brelade asked a question of the Minister for the Environment regarding

the repair of roadside walls damaged during recent storms.

OQ.6/2024  5.   Deputy R.J. Ward of St. Helier Central asked a question of the Minister for Justice and Home

Affairs regarding the recording of deaths by suicide.

OQ.8/2024  6.   Deputy M. Tadier of St. Brelade asked a question of the Minister for Social Security regarding

the eligibility requirements for Home Carer's Allowance.

OQ.11/2024  7.   Deputy S.Y. Mézec of St. Helier South asked a question of the Chief Minister regarding recent reports that had indicate food-bank usage in Jersey had reached record levels.

OQ.7/2024  8.   Deputy R.J. Ward of St Helier Central asked a question of the Assistant Chief Minister with

responsibility for Digital regarding the existence of contractual arrangements between the Government of Jersey and Fujitsu.

OQ.9/2024  9.   Deputy M.R. Scott of St. Brelade asked a question of the Minister for Sustainable Economic

Development  regarding  the  prospective  formation  of  a  consultative  group  for  policy development in relation to the medicinal cannabis industry.

OQ.5/2024  10.  The Connétable of St. Brelade asked a question of the Minister for Justice and Home Affairs

regarding the prospective usage of electronic gates that employed facial recognition to process arrivals.

Oral Questions without notice (see Official Report/Hansard)

The Minister for the Environment answered questions without notice from members. The Minister for External Relations 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 rejected a proposition of Deputy Montfort Tadier of St. Brelade that the Assembly should adjourn no later than 6.30 p.m. on that day.

Members present voted as follows –

POUR: 18  CONTRE: 28  ABSTAIN: 2

Connétable of Trinity   Connétable of St. Lawrence Deputy M.R. Scott Connétable of St. Clement Connétable of St. Brelade Deputy R.S. Kovacs Connétable of St. Saviour Connétable of St. Peter

Deputy M. Tadier Connétable of St. Martin

Deputy L.M.C. Doublet Connétable of St. John

Deputy I. Gardiner Connétable of Grouville

Deputy L.J. Farnham Connétable of St. Ouen

Deputy K.L. Moore Connétable of St. Mary

Deputy S.Y. Mézec   Deputy G.P. Southern

Deputy P.F.C. Ozouf Deputy C.F. Labey

Deputy Sir P.M. Bailhache   Deputy S.G. Luce

Deputy B.B.de S.V.M. Porée   Deputy K.F. Morel

Deputy D.J. Warr   Deputy M.R. Le Hegarat

Deputy C.D . Curtis   Deputy S.M. Ahier

Deputy R.E. Binet   Deputy R.J. Ward

Deputy H.L. Jeune   Deputy C.S. Alves

Deputy K.M. Wilson   Deputy I.J. Gorst

STATES MINUTES

Deputy M.B. Andrews


16th January 2024

Deputy T.A. Coles Deputy H.M. Miles Deputy J. Renouf

Deputy L.V. Feltham Deputy M.E. Millar Deputy A. Howell Deputy T.J.A. Binet Deputy M.R. Ferey Deputy A.F. Curtis Deputy B. Ward

Deputy L.K.F. Stephenson

Vote of No Confidence: Chief Minister P.1/2024

THE STATES commenced consideration of a proposition of Deputy Thomas John Albert Binet of St. Saviour entitled Vote of No Confidence: Chief Minister' (P.1/2024).

Arrangement of public business for the present meeting

THE STATES, adopting a proposition of the Chair of the Privileges and Procedures Committee, agreed the meeting that day would continue until consideration of the proposition of Deputy Thomas John Albert Binet of St. Saviour entitled Vote of No Confidence: Chief Minister' (P.1/2024) had been completed, with a 10-minute adjournment to be taken at 5.30 p.m.

Vote of No Confidence: Chief Minister P.1/2024

THE STATES resumed consideration of a proposition of Deputy Thomas John Albert Binet of St. Saviour entitled Vote of No Confidence: Chief Minister' (P.1/2024).

Changes in Presidency

The Bailiff retired briefly from the Chamber during consideration of the proposition of Deputy Thomas John Albert Binet of St. Saviour entitled Vote of No Confidence: Chief Minister' (P.1/2024) and the meeting continued under the Presidency of Mrs. Lisa-Marie Hart , Greffier of the States, until the Bailiff 's return.

Roll call

Following the 10-minute adjournment at 5.30 p.m., the Bailiff , in accordance with Standing Order 56(2), directed that elected members be summoned as the Assembly was inquorate. In accordance with Standing Order 56(2), having allowed such time as he considered reasonable for elected members to return to the Chamber, the Bailiff asked the Greffier to call the roll, as he believed that the States remained inquorate. The following members were present in the Chamber for this second roll call –

Connétable of St. Lawrence Connétable of St. Brelade Connétable of Trinity Connétable of St. Peter Connétable of St. John 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 S.M. Ahier Deputy L.J. Farnham Deputy S.Y. Mézec Deputy J. Renouf

Deputy R.E. Binet Deputy M.E. Millar Deputy A. Howell Deputy T.J.A. Binet Deputy B. Ward

After the roll had been taken, the States remained inquorate and the Bailiff , in accordance with Standing Order 56(3), suspended the meeting for 5 minutes.

Vote of No Confidence: Chief Minister P.1/2024

THE STATES resumed consideration of a proposition of Deputy Thomas John Albert Binet of St. Saviour entitled Vote of No Confidence: Chief Minister' (P.1/2024) and, adopting the proposition, agreed that they had no confidence in the Chief Minister.

Members present voted as follows –

POUR: 27 CONTRE: 22 ABSTAIN: 0

Connétable of St. Brelade Connétable of Trinity Connétable of St. Peter Connétable of St. Martin Connétable of St. John Connétable of Grouville Connétable of St. Ouen Connétable of St. Saviour Deputy G.P. Southern Deputy M. Tadier

Deputy S.G. Luce

Deputy M.R. Le Hegarat 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 T.J.A. Binet

Deputy R.S. Kovacs

Deputy B. Ward


Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Clement Connétable of St. Mary Deputy C.F. Labey

Deputy L.M.C. Doublet Deputy K.F. Morel

Deputy S.M. Ahier Deputy I. Gardiner

Deputy I.J. Gorst

Deputy K.L. Moore Deputy P.F.C. Ozouf 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

Adjournment

THE STATES adjourned, having agreed to reconvene on Wednesday 17th January 2024 to continue consideration of the outstanding items of public business.

THE STATES rose at 7.44 p.m.

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