States Assembly | States Minutes 22 May 2024

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THE STATES assembled on Wednesday 22nd May 2024, 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 Marcus O' Donnel Troy of St. Clement – excused attendance (arrived in the Chamber at 2.15 p.m.)

Deputy Stephen George Luce of Grouville and St. Martin – excused attendance

Deputy Mary Rose Le Hegarat of St. Helier North – absent on States business

Deputy Samuel Yves Mézec of St. Helier South – absent on States business

__________________

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 –

Deputy Philip Francis Cyril Ozouf of St. Saviour

Deputy Rosemary Esther Binet of Grouville and St. Martin

Documents presented

Jersey Competition Regulatory Authority 2023 Annual Report and Accounts. R.80/2024. Presented: 21st May 2024, Minister for Sustainable Economic Development..

States Employment Board - Scheme of Delegation. R.81/2024. Presented: 21st May 2024, States Employment Board.

States of Jersey Law 2005: Delegation of Functions – Minister for External Relations – R.82/2024. Appointment of Assistant Minister.

Presented: 21st May 2024, Minister for External Relations.

Planning Committee Report 2023. R.83/2024. Presented: 21st May 2024, Minister for the Environment.

Government Plan 2024-27 Review (S.R.4/2023): response of the Chief Minister. S.R.4/2023. Presented: 22nd May 2024, Chief Minister. Res.

Assisted Dying P.18/2024

THE STATES resumed consideration of the proposition of the Council of Ministers entitled Assisted Dying (P.18/2024), as amended, and, adopting paragraph (a), requested the Minister for Health and Social Services to bring forward primary legislation that permitted assisted dying in Jersey and that required the Minister to establish an assisted dying service in accordance with the essential provisions and safeguards outlined in the Appendix of the proposition and agreed that assisted dying would only be lawful where a person met all of the following eligibility criteria –

the person must meet the conditions set out in either paragraphs (b) or (c);
the person must be aged 18 or over at the point at which they made a first formal request for an assisted death;
the person must be ordinarily resident in Jersey;
the person must have a voluntary, clear, settled and informed wish to end their own life; and
the person must have capacity to make the decision to end their own life.

Members present voted as follows –

POUR: 31 CONTRE: 15 ABSTAIN:

Connétable of St. Peter Connétable of St. Martin Connétable of St. John Connétable of St. Clement Connétable of Grouville Connétable of St. Mary 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 P.F.C. Ozouf Deputy T.A. Coles

Deputy B.B.de S.V.M. Porée 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 T.J.A. Binet

Deputy M.R. Ferey

Deputy A.F. Curtis

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

Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Connétable of Trinity Connétable of St. Ouen Connétable of St. Saviour Deputy K.F. Morel

Deputy I.J. Gorst

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

Deputy A. Howell

Deputy R.S. Kovacs Deputy B. Ward

Deputy K.M. Wilson

THE STATES, adopting paragraph (b) of the proposition, agreed that, in addition to meeting all the eligibility criteria detailed in paragraph (a), the person must have been diagnosed with a terminal physical medical condition which was giving rise to, or was expected to give rise to, unbearable suffering that could not be alleviated in a manner the person deemed to be tolerable and that terminal condition must be reasonably expected to cause the person's death within the timeframe specified in the Appendix of the proposition, known as Route 1 – terminal illness'.

Members present voted as follows –

POUR: 32 CONTRE: 14 ABSTAIN:

Connétable of St. Peter Connétable of St. Martin Connétable of St. John Connétable of St. Clement Connétable of Grouville Connétable of St. Mary 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 P.F.C. Ozouf Deputy T.A. Coles

Deputy B.B.de S.V.M. Porée 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 T.J.A. Binet

Deputy M.R. Ferey

Deputy A.F. Curtis

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

Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Connétable of Trinity Connétable of St. Ouen Connétable of St. Saviour Deputy K.F. Morel

Deputy I.J. Gorst

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

Deputy A. Howell

Deputy R.S. Kovacs Deputy B. Ward

THE STATES rejected paragraph (c) of the proposition to agree that, in addition to meeting all the eligibility criteria detailed in paragraph (a) and if the person did not meet the eligibility criteria detailed in paragraph (b), the person must have an incurable physical medical condition that was giving rise to unbearable suffering that could not be alleviated in a manner the person deemed to be tolerable (which might or might not be a terminal physical condition), known as Route 2 – unbearable suffering'.

Members present voted as follows –

POUR: 19 CONTRE: 27 ABSTAIN: 0

Connétable of St. John Connétable of St. Clement 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 L.J. Farnham

Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Connétable of Trinity Connétable of St. Peter Connétable of St. Martin Connétable of Grouville Connétable of St. Ouen Connétable of St. Mary Connétable of St. Saviour

STATES MINUTES

Deputy P.F.C. Ozouf Deputy T.A. Coles

Deputy B.B.de S.V.M. Porée Deputy H.M. Miles

Deputy M.R. Scott

Deputy L.V. Feltham Deputy R.E. Binet

Deputy H.L. Jeune

Deputy T.J.A. Binet

22nd May 2024

Deputy K.F. Morel Deputy I. Gardiner Deputy I.J. Gorst

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

Deputy J. Renouf

Deputy C.D . Curtis Deputy M.E. Millar Deputy A. Howell Deputy M.R. Ferey Deputy R.S. Kovacs Deputy A.F. Curtis Deputy B. Ward

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

THE STATES, adopting paragraph (d) of the proposition, agreed that no person should be under a legal duty to participate in the provision of assisted dying and any such person would have a right to refuse participation.

Members present voted as follows –

POUR: 45 CONTRE: 1 ABSTAIN: 0 Connétable of St. Helier Connétable of St. Ouen

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. Mary

Connétable of St. Saviour

Deputy G.P. Southern

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 P.F.C. Ozouf

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 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, adopting paragraph (e) of the proposition, agreed that there would be a minimum timeframe between the point at which a person made a first formal request for an assisted death and the administration of the substance that led to that death.

Members present voted as follows –

POUR: 44 CONTRE: 1 ABSTAIN: 1 Connétable of St. Helier Deputy B. Ward Deputy R.S. Kovacs

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 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 P.F.C. Ozouf

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

Re-appointment of Jersey Consumer Council Chair P.23/2024

THE STATES, adopting a proposition of the Minister for Sustainable Economic Development entitled Jersey Consumer Council: re-appointment of Chairman' (P.23/2024), re-appointed, referring to their Act dated 2nd February 2011 regarding the Jersey Consumer Council and, in accordance with paragraph (b)(ii) of Jersey Consumer Council – future mandate' (P.182/2010), Mr. Carl Walker as Chairman of the Jersey Consumer Council for a further term of 3 years with effect from 14th April 2024.

Members present voted as follows –

POUR: 45 CONTRE: 0 ABSTAIN: 1 Connétable of St. Helier Deputy M. Tadier

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 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 P.F.C. Ozouf

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

Arrangement of public business for future meetings

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

11th June 2024

Pay Gap Reporting. P.13/2024. Lodged: 8th March 2024, Deputy L.M.C. Doublet of St. Saviour .

Pay Gap Reporting (P.13/2024) – Children's Rights Impact Assessment. P.13/2024. Presented: 8th March 2024, Deputy L.M.C. Doublet of St. Saviour . Add.

Pay Gap reporting (P.13/2024) – comments. P.13/2024. Presented: 26th April 2024, Chief Minister. Com.

Pay Gap Reporting (P.13/2024) – amendment. P.13/2024. Lodged: 9th April 2024, Deputy H.L. Jeune of St. John , St. Lawrence and Trinity . Amd.

(re-issue).

Pay Gap Reporting (P.13/2024) – amendment. (P.13/2024 Amd.) – Children's Rights P.13/2024. Impact Assessment. Amd. Presented: 9th April 2024, Deputy H.L. Jeune of St. John , St. Lawrence and Trinity . Add.