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States Minutes 26 June 2024

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THE STATES assembled on Tuesday 26th June 2024, at 9.30 a.m. under the Presidency of the Bailiff ,

Sir Timothy John Le Cocq .

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All members were present at roll call with the exception of –

  Connétable Philip Bond Le Sueur of Trinity – absent on States business

Deputy Kirsten Francis Morel of St. John , St. Lawrence and Trinity – excused attendance (joined at 9.48 a.m.)

  Deputy Philip Francis Cyril Ozouf 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. The following Members attended remotely, either for all or part of the meeting –

  Deputy Catherine Dolores Curtis of St. Helier Central Documents presented

Response to Planning Committee Report of 2023.  R.83/2024. Presented: 26th June 2024, Minister for the Environment.  Res.

Arrangement of public business for the present meeting

THE STATES noted that, in accordance with Standing Order 34(1), Deputy Max Brennan Andrews of St. Helier Central had informed the Greffier of the States that his proposition entitled Strategic Reserve Fund: Long-term funding plan' (P.22/2024) had been withdrawn.

Cannabis: Decriminalisation of Personal Possession and Recreational Use P.31/2024

THE STATES, resuming consideration of the proposition of Deputy Thomas Antony Coles of St. Helier South , as amended, resumed consideration of the amendment of Deputy Inna Gardiner of St. Helier North (P.31/2024 Amd.), as amended.

THE STATES resumed consideration of the proposition of Deputy Thomas Antony Coles of St. Helier South , as amended, and rejected paragraph (a), that the personal possession, personal cultivations and recreational use of cannabis should be decriminalised.

Members present voted as follows –

POUR: 22  CONTRE: 23  ABSTAIN: 1 Connétable of St. John Connétable of St. Helier Connétable of St. Martin

Connétable of St. Mary   Connétable of St. Lawrence

Deputy G.P. Southern Connétable of St. Brelade

Deputy C.F. Labey Connétable of Trinity

Deputy M. Tadier Connétable of Grouville

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

Deputy K.F. Morel Connétable of St. Saviour

Deputy R.J. Ward Deputy S.G. Luce

Deputy C.S. Alves Deputy M.R. Le Hegarat

Deputy I. Gardiner (H) Deputy S.M. Ahier

Deputy S.Y. Mézec Deputy I.J. Gorst

Deputy T.A. Coles   Deputy L.J. Farnham

Deputy B.B. de S.V.M. Porée Deputy K.L. Moore

Deputy H.M. Miles Deputy Sir P.M. Bailhache

Deputy J. Renouf   Deputy D.J. Warr

Deputy C.D . Curtis   Deputy M.R. Scott

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

Deputy H.L. Jeune   Deputy M.E. Millar

Deputy M.R. Ferey   Deputy A. Howell

Deputy R.S. Kovacs   Deputy T.J.A. Binet

Deputy A.F. Curtis   Deputy B. Ward

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

Deputy M.B. Andrews

THE STATES, adopting paragraphs (b) and (c) –

  1. requested the Council of Ministers to bring forward proposals for consideration by the Assembly by November 2025, to include (but not be limited to) –

potential approaches to the decriminalisation, legalisation and regulation of cannabis;

use in the presence of minors;

personal cultivation and preparation;

social supply;

restrictions on the sale to minors;

approaches to minors or vulnerable people coerced into cannabis related activities;

total acceptable gram allowance;

restrictions on areas of consumption;

restrictions on driving under the influence of cannabis;

relevant roadside capacity tests; and

total acceptable cultivation allowance.

  1. agreed that the personal possession and recreational use of cannabinol and cannabinol derivatives (as defined in the Misuse of Drugs (Jersey) Law 1978) should be decriminalised, with this provision included in the legislation to be brought forward, and requested the Minister for Health and  Social  Services to  consult  the  Misuse  of  Drugs  Advisory  Council  about reclassifying cannabinol and cannabinol derivatives, except where contained in cannabis or cannabis resin, from Class A controlled drugs to Class B controlled drugs, as defined within the same Law.

Members present voted as follows –

POUR: 27  CONTRE: 19  ABSTAIN: 1 Connétable of St. Martin Connétable of St. Helier Deputy M.R. Scott

Connétable of St. John   Connétable of St. Lawrence

Connétable of St. Mary Connétable of St. Brelade

Deputy G.P. Southern Connétable of Trinity

Deputy C.F. Labey Connétable of Grouville

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

Deputy K.F. Morel Connétable of St. Saviour

Deputy R.J. Ward Deputy M. Tadier

Deputy C.S. Alves Deputy S.G. Luce

Deputy I. Gardiner (H) Deputy M.R. Le Hegarat

Deputy L.J. Farnham Deputy S.M. Ahier

Deputy S.Y. Mézec   Deputy I.J. Gorst

Deputy T.A. Coles Deputy K.L. Moore

Deputy B.B. de S.V.M. Porée Deputy Sir P.M. Bailhache

Deputy H.M. Miles   Deputy D.J. Warr

Deputy J. Renouf   Deputy M.E. Millar

Deputy C.D . Curtis Deputy A. Howell

Deputy L.V. Feltham   Deputy B. Ward

Deputy R.E. Binet   Deputy K.M. Wilson

Deputy H.L. Jeune

Deputy T.J.A. Binet

Deputy M.R. Ferey

Deputy R.S. Kovacs

Deputy A.F. Curtis

Deputy L.K.F. Stephenson

Deputy M.B. Andrews

Transfer of 2024 departmental underspend into the Stabilisation Fund P.35/2024

THE STATES commenced consideration of a proposition of Deputy Max Brennan Andrews of St. Helier North entitled Transfer of 2024 departmental underspend into the Stabilisation Fund' (P.35/2024) and rejected the proposition to request the Minister for Treasury and Resources to lodge a proposition to enable the transfer of available departmental underspends, identified before 31st December 2024, from the Consolidated Fund to the Stabilisation Fund, with the transfer of available funds occurring no later than April 2025.

Members present voted as follows –

POUR: 1  CONTRE: 42  ABSTAIN: 0 Deputy M.B. Andrews Connétable of St. Brelade

Connétable of St. Martin

Connétable of St. John

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 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. Gardiner (H)

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 R.S. Kovacs

Deputy A.F. Curtis

Deputy B. Ward

Deputy K.M. Wilson

Deputy L.K.F. Stephenson

Affordable and right-size housing provision on the Waterfront P.37/2024

THE STATES commenced consideration of a proposition of Deputy Helen Mary Miles of St. Brelade entitled Affordable and right-size housing provision on the Waterfront' (P.37/2024), and, adopting an amendment of the Council of Ministers (P.37/2024 Amd.), agreed that the words "built as affordable housing" should be substituted with "offered with an assisted purchase product"; that, after the words "for first time buyers", there should be inserted ", where the phasing of delivery is agreed by the Minister for Housing and the Regeneration Steering Group"; and that, after the words "set out in R.85/2024", there should be inserted ", where the phasing of delivery is agreed by the Minister for Housing and the Regeneration Steering Group".

THE STATES resumed consideration of the proposition of Deputy Helen Mary Miles of St. Brelade , as amended, and adopting the proposition, requested the Minister for Treasury and Resources, as shareholder representative, to instruct the States of Jersey Development Company that, in any new proposals or plans for housing developments on the Waterfront by the States of Jersey Development Company –

  1. any such proposals must include a minimum provision of no less than 50% of the homes to be offered with an assisted purchase product for first time buyers, where the phasing of delivery was agreed by the Minister for Housing and the Regeneration Steering Group; and
  2. any such proposals must include a minimum of 15% of housing designed to encourage and enable Islanders who were looking to right-size, in line with the delivery of the right-sizing policy set out in R.85/2024, where the phasing of delivery was agreed by the Minister for Housing and the Regeneration Steering Group.

Members present voted as follows –

POUR: 44 CONTRE: 0 ABSTAIN: 0

Connétable of St. Lawrence Connétable of St. Brelade Connétable of Trinity Connétable of St. Martin Connétable of St. John 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 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. Gardiner (H) 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 R.S. Kovacs

Deputy A.F. Curtis

Deputy B. Ward

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) –

16th July 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.

Pay Gap Reporting (P.13/2024) – second amendment.  P.13/2024. Lodged: 18th April 2024, Deputy M.B. Andrews of St. Helier North .  Amd.(2).

Pay Gap Reporting (P.13/2024) – second amendment (P.13/2024 Amd.(2)) – Children's P.13/2024. Rights Impact Assessment.  Amd.(2). Presented: 18th April 2024, Deputy M.B. Andrews of St. Helier North .  Add.

Draft Unlawful Public Entertainments (Jersey) Regulations 202-.  P.24/2024. Lodged: 26th April 2024, Minister for Sustainable Economic Development.

Note: The 2nd reading of the Draft Law would resume, following adoption of the principles on 11th June 2024 and the subsequent referral to the Economic and International Affairs Scrutiny Panel under Standing Order 72(1).

Draft  Unlawful  Public  Entertainments  (Jersey)  Regulations  202-.  (P.24/2024)   P.24/2024. Children's Rights Impact Assessment.  Add. Presented: 26th April 2024, Minister for Sustainable Economic Development.

Draft  Unlawful  Public  Entertainments  (Jersey)  Regulations  202-.  (P.24/2024): P.24/2024. amendment.  Amd. Presented: 28th May 2024, Economic and International Affairs Scrutiny Panel.

Draft  Unlawful  Public  Entertainments  (Jersey)  Regulations  202-.  (P.24/2024): P.24/2024. amendment (P.24/2024 Amd.) – Children's Rights Impact Assessment.  Amd.Add. Presented: 28th May 2024, Economic and International Affairs Scrutiny Panel.

Draft  Unlawful  Public  Entertainments  (Jersey)  Regulations  202-.  (P.24/2024): P.24/2024. amendment (P.24/2024 Amd.) – comments.  Amd.Com. Presented: 5th June 2024, Council of Ministers.

Draft Statistics and Census (Jersey) Amendment Law 202-.  P.29/2024. Lodged: 14th May 2024, Chief Minister.

Draft Statistics and Census (Jersey) Amendment Law 202-. (P.29/2024) – Children's P.29/2024. Rights Impact Assessment.  Add. Presented: 14th May 2024, Chief Minister.

Draft Statistics and Census Law 202- (P.29/2024): amendment. P.29/2024. Lodged: 11th June 2024, Deputy Sir P.M. Bailhache of St. Clement .  Amd.

Draft Statistics and Census Law 202- (P.29/2024): amendment. (P.29/2024 Amd.) – P.29/2024. Children's Rights Impact Assessment.  Amd.Add. Presented: 11th June 2024, Deputy Sir P.M. Bailhache of St. Clement .

Draft Statistics and Census (Jersey) Amendment Law 202- (P.29/2024): amendment P.29/2024. (P.29/2024 Amd.) – amendment.  Amd.Amd. Lodged: 19th June 2024, Chief Minister.

Draft Statistics and Census (Jersey) Amendment Law 202- (P.29/2024): amendment P.29/2024. (P.29/2024 Amd.) – amendment (P.29/2024 Amd.Amd.) – Children's Rights Impact  Amd.Amd. Assessment.  Add. Presented: 19th June 2024, Chief Minister.

Draft Sea Fisheries (Minimum Size Limits) (Jersey) Amendment Regulations 202-. P.32/2024. Lodged: 28th May 2024, Minister for the Environment.

Draft Sea Fisheries (Minimum Size Limits) (Jersey) Amendment Regulations 202- P.32/2024. (P.32/2024) – Children's Rights Impact Assessment.  Add. Presented: 28th May 2024, Minister for the Environment.

Draft States of Jersey ( Deputy Chief Minister) Amendment Law 202-.  P.33/2024. Lodged: 29th May 2024, Chief Minister.

Draft States of Jersey ( Deputy Chief Minister) Amendment Law 202-. (P.33/2024) – P.33/2024. Children's Rights Impact Assessment.  Add. Presented: 29th May 2024, Chief Minister.

Amendments to Standing Orders – Deputy Chief Minister.  P.34/2024. Lodged: 29th May 2024, Chief Minister.

Draft Employment (Minimum Wage and Benefits in Kind) (Jersey) Amendment Law P.36/2024. 202-.

Lodged: 31st May 2024¸ Minister for Social Security.

Draft Employment (Minimum Wage and Benefits in Kind) (Jersey) Amendment Law P.36/2024. 202-. (P.36/2024) – Children's Rights Impact Assessment.  Add. Presented: 31st May 2024¸ Minister for Social Security.

Fully funding education or training for all 16-18 year olds.  P.38/2024. Lodged: 4th June 2024, Deputy I. Gardiner of St. Helier North .

Fully funding education or training for all 16-18 year olds (P.38/2024) – Children's P.38/2024. Rights Impact Assessment.  Add. Presented: 4th June 2024, Deputy I. Gardiner of St. Helier North .

Draft Taxation (Common Reporting Standard and United States of America) (Jersey) P.39/2024. Amendment Regulations 202-.

Lodged: 4th June 2024, Minister for External Relations.

Draft Taxation (Common Reporting Standard and United States of America) (Jersey) P.39/2024. Amendment Regulations 202-. (P.39/2024) – Children's Rights Impact Assessment.  Add. Presented: 4th June 2024, Minister for External Relations.

10th September 2024

Minimum Wage: Increase to Match the Living Wage.  P.19/2024. Lodged: 5th April 2024, Deputy M.B. Andrews of St. Helier North .

Minimum Wage: Increase to Match the Living Wage (P.19/2024) – Children's Rights P.19/2024. Impact Assessment.  Add. Presented: 5th April 2024, Deputy M.B. Andrews of St. Helier North .

Draft Agriculture (Loans) (Jersey) Amendment Regulations 202-.  P.41/2024. Lodged: 14th June 2024, Minister for Sustainable Economic Development.

Draft  Agriculture  (Loans)  (Jersey)  Amendment  Regulations  202-.  (P.41/2024)   P.41/2024. Children's Rights Impact Assessment.  Add. Lodged: 14th June 2024, Minister for Sustainable Economic Development.

THE STATES rose at 12:08 p.m.

L.-M. HART Greffier of the States