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325 THE STATES assembled on Tuesday 11th September 2018, at 09.30 a.m. under the Presidency of the Deputy Bailiff, Timothy John Le Cocq, Esquire. __________________ His Excellency the Lieutenant Governor, Air Chief Marshall Sir Stephen Dalton, G.C.B., LL.D. (Hon.), D.Sc. (Hon.), B.Sc., F.R.Ae.S., C.C.M.I. was present. __________________ All members were present at roll call with the exception of Senator Ian Joseph Gorst en défaut Deputy Jeremy Martin Maçon of St. Saviour ill Deputy Carina Soares Alves of St. Helier excused attendance __________________ Prayers __________________ Bailiff of Jersey retirement The Deputy Bailiff read a statement from the Bailiff of Jersey, advising that the Bailiff had received permission from Her Majesty The Queen to retire from office with effect from 12th October 2019. Delegation from Trinidad and Tobago welcome The Deputy Bailiff, on behalf of all members, welcomed a delegation from Trinidad and Tobago which was present in the public gallery, including Dr. Denise Tsoiafatt-Angus, the Presiding Officer of the House of Assembly; Mr. Jomo Pitt, Member of the Legislature on the Executive Council and Secretary of Sport and Youth Affairs; and Mrs. Sharon Irvine-Combie, Clerk of the House of Assembly. Association of Civic Heads welcome The Deputy Bailiff, on behalf of all members, welcomed a delegation from the Association of Civic Heads which was present in the public gallery. Subordinate enactments tabled The following enactments were tabled, namely Animal Health (Waste Food) (Jersey) Order 2018. Minister for the Environment. R&O.79/2018. Animal Health (Animal By-Products) (Jersey) Order 2018. Minister for the Environment. R&O.80/2018. Official Publications (Publication of Jersey Gazette) (Jersey) Order 2018. Chief Minister. R&O.81/2018.

THE STATES assembled on Tuesday the Presidency of the ......325 THE STATES assembled on Tuesday 11th September 2018, at 09.30 a.m. under the Presidency of the Deputy Bailiff, Timothy

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325

THE STATES assembled on Tuesday

11th September 2018, at 09.30 a.m. under

the Presidency of the Deputy Bailiff,

Timothy John Le Cocq, Esquire.

__________________

His Excellency the Lieutenant Governor,

Air Chief Marshall Sir Stephen Dalton, G.C.B., LL.D. (Hon.), D.Sc. (Hon.), B.Sc., F.R.Ae.S.,

C.C.M.I. was present.

__________________

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

Senator Ian Joseph Gorst – en défaut

Deputy Jeremy Martin Maçon of St. Saviour – ill

Deputy Carina Soares Alves of St. Helier – excused attendance

__________________

Prayers

__________________

Bailiff of Jersey – retirement

The Deputy Bailiff read a statement from the Bailiff of Jersey, advising that the Bailiff had received

permission from Her Majesty The Queen to retire from office with effect from 12th October 2019.

Delegation from Trinidad and Tobago – welcome

The Deputy Bailiff, on behalf of all members, welcomed a delegation from Trinidad and Tobago which

was present in the public gallery, including Dr. Denise Tsoiafatt-Angus, the Presiding Officer of the House

of Assembly; Mr. Jomo Pitt, Member of the Legislature on the Executive Council and Secretary of Sport

and Youth Affairs; and Mrs. Sharon Irvine-Combie, Clerk of the House of Assembly.

Association of Civic Heads – welcome

The Deputy Bailiff, on behalf of all members, welcomed a delegation from the Association of Civic Heads

which was present in the public gallery.

Subordinate enactments tabled

The following enactments were tabled, namely –

Animal Health (Waste Food) (Jersey) Order 2018.

Minister for the Environment.

R&O.79/2018.

Animal Health (Animal By-Products) (Jersey) Order 2018.

Minister for the Environment.

R&O.80/2018.

Official Publications (Publication of Jersey Gazette) (Jersey) Order 2018.

Chief Minister.

R&O.81/2018.

STATES MINUTES 11th September 2018

326

States of Jersey (Minister for International Development and Minister for Children and

Housing) (Jersey) Order 2018.

Chief Minister.

R&O.82/2018.

Sea Fisheries (Spider Crabs – Restrictions on Fishing) (Jersey) Order 2018.

Minister for the Environment.

R&O.83/2018.

Financial Services Commission (Financial Penalties) (Amendment) (Jersey) Order

2018.

Chief Minister.

R&O.84/2018.

EU Legislation (Sanctions – Republic of Maldives) (Jersey) Order 2018.

Minister for External Relations.

R&O.85/2018.

Education (Grants and Allowances) (Jersey) Order 2018.

Minister for Education.

[Signed by Assistant Minister, Deputy J.M. Maçon of St. Saviour, for and on behalf of

the Minister for Education.]

R&O.86/2018.

EU Legislation (Sanctions – South Sudan) (Amendment No. 2) (Jersey) Order 2018.

Minister for External Relations.

[Signed by Chief Minister, Senator J.A.N. Le Fondré, for and on behalf of the Minister

for External Relations.]

R&O.87/2018.

Documents presented

Draft Limited Liability Companies (Jersey) Law 201- (P.85/2018): comments.

Presented: 3rd September 2018.

Economic Affairs Scrutiny Panel.

P.85/2018.

Com.

Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 6) (Jersey) Regulations

201- (P.93/2018): addendum to report.

Presented: 6th September 2018.

Minister for the Environment.

P.93/2018.

Add.

Draft Sea Fisheries (Les Ecréhous) (Jersey) Regulations 201- (P.94/2018): addendum

to report.

Presented: 6th September 2018.

Minister for the Environment.

P.94/2018.

Add.

Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 6) (Jersey) Regulations

201- (P.93/2018) and Draft Sea Fisheries (Les Ecréhous) (Jersey) Regulations 201-

(P.94/2018): comments.

Presented: 31st August 2018.

Privileges and Procedures Committee.

P.93/2018

and

P.94/2018.

Com.

Public impact of Propositions: proposed amendment to Standing Orders (P.96/2018) –

comments.

Presented: 23rd August 2018.

Privileges and Procedures Committee.

P.96/2018.

Com.

Public impact of Propositions: proposed amendment to Standing Orders (P.96/2018) –

comments.

Presented: 10th September 2018.

Chief Minister.

P.96/2018.

Com.(2).

STATES MINUTES 11th September 2018

327

Entitled status on social and economic grounds: changes to legislation (P.99/2018) –

comments.

Presented: 11th September 2018.

Chief Minister.

P.99/2018.

Com.

States of Jersey Complaints Board: findings – complaints by Mr. A. Luce and

Mr. J. Mallinson against the Minister for Infrastructure and Jersey Property Holdings

regarding the handling of foreshore encroachment claims (R.71/2018) – response of

the Minister for Infrastructure.

Presented: 7th August 2018.

Minister for Infrastructure.

R.71/2018.

Res.

States of Jersey Complaints Board: findings – complaints by Mr. A. Luce and

Mr. J. Mallinson against the Minister for Infrastructure and Jersey Property Holdings

regarding the handling of foreshore encroachment claims (R.71/2018) – response of

the Minister for Infrastructure (R.71/2018 Res.) – response of the Complaints Board.

Presented: 8th August 2018.

Privileges and Procedures Committee.

R.71/2018.

Res.Res.

Land Transactions under Standing Order 168(3) – 19–21 Broad Street, St. Helier –

lease-in.

Presented: 3rd July 2018.

Minister for Infrastructure.

R.83/2018.

Jersey Financial Services Commission: Annual Report 2017.

Presented: 12th July 2018.

Chief Minister.

R.90/2018.

Land Transactions under Standing Order 168(3) – Springfield Stadium Café, Janvrin

Road, St. Helier – lease.

Presented: 17th July 2018.

Minister for Infrastructure.

R.91/2018.

States of Jersey Law 2005: delegation of functions – Chief Minister – Assistant

Minister and Officers.

Presented: 18th July 2018.

Chief Minister.

R.92/2018.

Appointment of Assistant Ministers: consent of the Chief Minister.

Presented: 19th July 2018.

Chief Minister.

R.93/2018.

Jersey Overseas Aid: matters reserved for Board and matters delegated to Executive

Director.

Presented: 23rd July 2018.

Jersey Overseas Aid Commission.

R.94/2018.

Land Transactions under Standing Order 168(3) – Fields Nos. 445, 447 and 448,

St. Catherine, St. Martin – sale.

Presented: 25th July 2018.

Minister for Infrastructure.

R.95/2018.

States of Jersey Law 2005: delegation of functions – Minister for Treasury and

Resources – revised delegations July 2018.

Presented: 25th July 2018.

Minister for Treasury and Resources.

R.96/2018.

STATES MINUTES 11th September 2018

328

States of Jersey Law 2005: delegation of functions – Minister for Economic

Development, Tourism, Sport and Culture – delegations to Assistant Ministers

July 2018.

Presented: 26th July 2018.

Minister for Economic Development, Tourism, Sport and Culture.

R.97/2018.

Jersey Consumer Council: Annual Report for 2017.

Presented: 26th July 2018.

Minister for Economic Development, Tourism, Sport and Culture.

R.98/2018.

States of Jersey Law 2005: delegation of functions – Minister for the Environment –

revised delegations July 2018.

Presented: 26th July 2018.

Minister for the Environment.

R.99/2018.

Meetings of the States in 2019.

Presented: 27th July 2018.

Privileges and Procedures Committee.

R.100/2018.

Land Transactions under Standing Order 168(3) –

(a) Nos. 74 and 76 Colomberie Shops, St. Helier – proposed sale;

(b) 14–16 Burrard Street, St. Helier – proposed lease.

Presented: 30th July 2018.

Minister for Infrastructure.

R.101/2018.

Howard Davis Farm Trust: Report and Financial Statements for the year ended

31st December 2017.

Presented: 31st July 2018.

Minister for Treasury and Resources.

R.102/2018.

Jersey Gambling Commission: 2017 Annual Report and Accounts.

Presented: 1st August 2018.

Minister for Economic Development, Tourism, Sport and Culture.

R.103/2018.

Agent of the Impôts: confirmation of acting appointment.

Presented: 3rd August 2018.

Minister for Home Affairs.

R.104/2018.

States of Jersey Police Force: Deputy Chief Officer – interim appointment.

Presented: 3rd August 2018.

Minister for Home Affairs.

R.105/2018.

States of Jersey Complaints Board: findings – complaint by Mrs. X against the

Minister for Education and Student Finance regarding the way in which an application

for student finance was administered.

Presented: 7th August 2018.

Privileges and Procedures Committee.

R.106/2018.

States of Jersey Law 2005: delegation of functions – Minister for Children and

Housing – Residential Tenancy (Jersey) Law 2011 – revised delegations August 2018.

Presented: 9th August 2018.

Minister for Children and Housing.

R.107/2018.

STATES MINUTES 11th September 2018

329

Land Transactions under Standing Order 168(3) – 10 Grosvenor Terrace, Grosvenor

Street, St. Helier – proposed sale.

Presented: 14th August 2018.

Minister for Infrastructure.

R.108/2018.

Social Security Department: Minister’s Report 2017.

Presented: 16th August 2018.

Minister for Social Security.

R.109/2018.

Transfers between heads of expenditure under the Public Finances (Jersey) Law 2005:

Article 18(1)(c) and (1A) – 17th August 2018.

Presented: 21st August 2018.

Minister for Treasury and Resources.

R.110/2018.

States of Jersey Complaints Board: findings – complaint by Mr. I. Barette against the

Minister for the Environment, regarding the processing of the Planning applications

relating to the property known as Broughton Lodge Farm, St. Mary.

Presented: 23rd August 2018.

Privileges and Procedures Committee.

R.111/2018.

Contingency allocation: revised policy – August 2018.

Presented: 24th August 2018.

Minister for Treasury and Resources.

R.112/2018.

Transfers between heads of expenditure under the Public Finances (Jersey) Law 2005:

Article 18(1)(c) and (1A) – 23rd August 2018.

Presented: 24th August 2018.

Minister for Treasury and Resources.

R.113/2018.

Jersey Bank Depositors Compensation Board: Annual Report and Audited Financial

Statements for the year ended 31st January 2018.

Presented: 3rd September 2018.

Chief Minister.

R.114/2018.

Jersey Bank Depositors Compensation Board: appointment of member.

Presented: 4th September 2018.

Chief Minister.

R.115/2018.

Codes of Conduct and Practice for Ministers and Assistant Ministers.

Presented: 10th September 2018.

Council of Ministers.

R.116/2018.

Jersey Appointments Commission: re-appointment of Chairman.

Presented: 10th September 2018.

Chief Minister.

R.117/2018.

Regulation of Investigatory Powers (Jersey) Law 2005 and Police Procedures and

Criminal Evidence (Jersey) Law 2003: Report of the Investigatory Powers

Commissioner 1st January to 31st December 2017.

Presented: 11th September 2018.

R.118/2018.

Land Transactions under Standing Order 168(3) – Apartment No. 209, Clos des

Sables, Les Quennevais, St. Brelade – transfer of the Public’s flying freehold

ownership, and cancellation of existing 99-year lease.

Presented: 11th September 2018.

Minister for Infrastructure.

R.119/2018.

STATES MINUTES 11th September 2018

330

Notification of lodged propositions

Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 6) (Jersey) Regulations

201-.

Lodged: 20th July 2018.

Minister for the Environment.

P.93/2018.

Draft Sea Fisheries (Les Ecréhous) (Jersey) Regulations 201-.

Lodged: 23rd July 2018.

Minister for the Environment.

P.94/2018.

Draft Public Health and Safety (Rented Dwellings) (Jersey) Law 2018 (Appointed

Day) Act 201-.

Lodged: 24th July 2018.

Minister for the Environment.

P.95/2018.

Public impact of Propositions: proposed amendment to Standing Orders.

Lodged: 3rd August 2018.

Deputy G.C.U. Guida of St. Lawrence.

P.96/2018.

Public impact of Propositions: proposed amendment to Standing Orders (P.96/2018) –

amendment.

Lodged: 20th August 2018.

Deputy S.M. Wickenden of St. Helier.

P.96/2018.

Amd.

Public impact of Propositions: proposed amendment to Standing Orders (P.96/2018) –

second amendment.

Lodged: 22nd August 2018.

Senator S.C. Ferguson.

P.96/2018.

Amd.(2)

Ratification of the Agreement between the Government of Jersey and the Government

of the United Kingdom of Great Britain and Northern Ireland for the Elimination of

Double Taxation with respect to Taxes on Income and on Capital Gains and the

Prevention of Tax Evasion and Avoidance.

Lodged: 3rd August 2018.

Minister for External Relations.

P.97/2018.

Draft Amendment (No. 36) of the Standing Orders of the States of Jersey.

Lodged: 13th August 2018.

Privileges and Procedures Committee.

P.98/2018.

Entitled status on social and economic grounds: changes to legislation.

Lodged: 14th August 2018.

Deputy J.H. Perchard of St. Saviour.

P.99/2018.

Rejection of Planning Application relating to Retreat Farm, La Rue de La Frontière,

St. Mary and Rue des Varvots, St. Lawrence: rescindment of Ministerial Decision.

Lodged: 20th August 2018.

Deputy S.M. Wickenden of St. Helier.

P.100/2018.

Standing Orders of the States of Jersey: rescindment of Standing Order 141A(2)(c).

Lodged: 23rd August 2018.

Deputy R. Labey of St. Helier.

P.101/2018.

STATES MINUTES 11th September 2018

331

Ratification of the Agreement between Jersey and the Principality of Liechtenstein for

the Elimination of Double Taxation with Respect to Taxes on Income and on Capital

and the Prevention of Tax Evasion and Avoidance.

Lodged: 30th August 2018.

Minister for External Relations.

P.102/2018.

Withdrawal of lodged propositions

THE STATES noted that, in accordance with Standing Order 34(1), the proposers of the following

propositions lodged “au Greffe” had informed the Greffier of the States that they had been withdrawn –

Migration Policy.

Lodged: 15th March 2018.

Council of Ministers.

P.70/2018.

States Members’ duties.

Lodged: 29th March 2018.

Privileges and Procedures Committee.

P.71/2018.

Consultation on pedestrian crossings on Bagatelle Road.

Lodged: 21st June 2018.

Deputy J.M. Maçon of St. Saviour.

P.91/2018.

Appointment of unelected members of the Public Accounts Committee

In accordance with the provisions of Standing Order 124(1), the following nominations were made by

Senator Sarah Craig Ferguson, Chairman of the Public Accounts Committee, as unelected members of the

Public Accounts Committee –

Mr. Tim H.J. Rogers

Ms. Mary-Rose (Moz) Scott

Mr. Adrian Lane.

There having been no further nominations, in accordance with the provisions of Standing Order 124(2),

the Deputy Bailiff declared that the above persons had been duly appointed as unelected members of the

Public Accounts Committee.

Election of members of the Bailiff’s Consultative Panel

THE STATES, referring to their Act dated 7th July 1992, in which they had agreed to establish a

Consultative Panel of elected members of the States with whom the Bailiff would be able to meet in order

to consult on a confidential basis in appropriate cases, received the following nominations for 5 vacancies

thereon –

Senator Lyndon John Farnham was nominated by Senator John Alexander Nicholas Le Fondré

Senator Sarah Craig Ferguson was nominated by the Connétable of St. Lawrence

Deputy Judith Ann Martin of St. Helier was nominated by the Deputy of Grouville

The Deputy of Grouville was nominated by Deputy Kirsten Francis Morel of St. Lawrence

Deputy Kevin Glyn Pamplin of St. Saviour was nominated by Deputy Russell Labey of St. Helier.

There having been no further nominations, the Deputy Bailiff declared that Senator Lyndon John Farnham,

Senator Sarah Craig Ferguson, Deputy Judith Ann Martin of St. Helier, the Deputy of Grouville and Deputy

Kevin Glyn Pamplin of St. Saviour had been duly elected as members of the Bailiff’s Consultative Panel.

STATES MINUTES 11th September 2018

332

Written Questions

(see Official Report/Hansard)

WQ.128/2018 1. The Minister for Education tabled an answer to a question asked by Deputy R.J. Ward of

St. Helier regarding contracts in the education sector with externally employed and self-

employed people.

WQ.129/2018 2. The Chief Minister tabled an answer to a question asked by the Deputy of St. John regarding

political oversight of the Communications Unit.

WQ.130/2018 3. The Minister for Social Security tabled an answer to a question asked by the Deputy of

St. John regarding her Department’s involvement with Christmas payments made to the

elderly by a well-known local benefactor.

WQ.131/2018 4. The Chief Minister tabled an answer to a question asked by the Deputy of St. John regarding

registration cards issued to people with Registered status.

WQ.132/2018 5. The Minister for Social Security tabled an answer to a question asked by Deputy S.M. Ahier

of St. Helier regarding the claimants of the Food Costs Bonus and Cold Weather Bonus.

WQ.133/2018 6. The Minister for Infrastructure tabled an answer to a question asked by the Deputy of St. John

regarding properties which were not connected to the main sewerage system.

WQ.134/2018 7. The Minister for Social Security tabled an answer to a question asked by Deputy S.M. Ahier

of St. Helier regarding people in receipt of the Level 3 personal care component of Income

Support.

WQ.135/2018

8. The Chief Minister tabled an answer to a question asked by Deputy K.G. Pamplin of

St. Saviour regarding the Jersey Reclaim Fund.

WQ.136/2018 9. The Chairman of the States Employment Board tabled an answer to a question asked by

Deputy R.J. Ward of St. Helier regarding the public sector pay award for 2018.

WQ.137/2018 10. The Minister for Education tabled an answer to a question asked by Deputy R.J. Ward of

St. Helier regarding the adjustments to tuition fee awards in respect of Higher Child

Allowance.

WQ.138/2018 11. The Chairman of the Privileges and Procedures Committee tabled an answer to a question

asked by Senator S.Y. Mézec regarding the introduction of online voting.

WQ.139/2018 12. The Chairman of the Comité des Connétables tabled an answer to a question asked by Senator

S.Y. Mézec regarding a breakdown of Honorary Police officers by Parish and by age.

WQ.140/2018 13. The Chairman of the Comité des Connétables tabled an answer to a question asked by Senator

S.Y. Mézec regarding the recent elections for Procureur du Bien Public.

WQ.141/2018 14. The Minister for Social Security tabled an answer to a question asked by Senator

S.C. Ferguson regarding unemployment statistics.

WQ.142/2018 15. The Chief Minister tabled an answer to a question asked by Deputy C.S. Alves of St. Helier

regarding individuals applying for Entitled status before completing 10 years of ordinary

residence in Jersey.

STATES MINUTES 11th September 2018

333

WQ.143/2018 16. The Minister for Health and Social Services tabled an answer to a question asked by Deputy

C.S. Alves of St. Helier regarding diagnoses of mesothelioma.

WQ.144/2018 17. The Minister for Home Affairs tabled an answer to a question asked by Deputy C.S. Alves of

St. Helier regarding complaints in respect of aggressive or dangerous dogs.

WQ.145/2018 18. The Minister for Health and Social Services tabled an answer to a question asked by Deputy

M. Tadier of St. Brelade regarding the rescheduling of cannabis under Misuse of Drugs

legislation.

WQ.146/2018 19. The Minister for Social Security tabled an answer to a question asked by Deputy M. Tadier of

St. Brelade regarding the impact of changes to Social Security contribution rates.

WQ.147/2018 20. The Minister for Health and Social Services tabled an answer to a question asked by Deputy

M.R. Higgins of St. Helier regarding engagement with hospital staff in respect of the new

Hospital.

WQ.148/2018 21. The Chief Minister tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier

regarding policy in respect of civil servants found to have lied to States members or the public.

WQ.149/2018 22. The Minister for Infrastructure tabled an answer to a question asked by Deputy G.P. Southern

of St. Helier regarding the outsourcing of services by the Department.

Oral Questions

(see Official Report/Hansard)

OQ.107/2018 1. Deputy K.G. Pamplin of St. Saviour asked a question of the Chief Minister regarding

Article 20 of the Dormant Bank Accounts (Jersey) Law 2017.

OQ.106/2018 2. Deputy S.M. Wickenden of St. Helier asked a question of the Chief Minister regarding legacy

issues he had dealt with since taking office.

OQ.111/2018 3. Deputy K.F. Morel of St. Lawrence asked a question of the Minister for Treasury and

Resources regarding the supplier of janitorial supplies to the States of Jersey.

OQ.120/2018 4. The Connétable of St. Helier asked a question of the Minister for Infrastructure regarding the

provision of public toilets in St. Helier.

OQ.115/2018 5. Deputy S.M. Ahier of St. Helier asked a question of the Minister for Social Security regarding

recipients of the Food Costs Bonus and Cold Weather Bonus.

OQ.125/2018 6. Deputy M. Tadier of St. Brelade asked a question of H.M. Attorney General regarding the

legality of Jersey residents travelling to Switzerland to end their life.

OQ.116/2018 7. The Deputy of St. Mary asked a question of the Assistant Minister for Environment regarding

the catching of crawfish in Jersey waters.

OQ.110/2018 8. Deputy R.J. Rondel of St. Helier asked a question of the Minister for Infrastructure regarding

parking for motorbikes and bicycles in St. Helier.

OQ.114/2018 9. Deputy J.H. Young of St. Brelade asked a question of the Chairman of the Privileges and

Procedures Committee regarding the tabling of written questions by elected members who

held ministerial office.

STATES MINUTES 11th September 2018

334

OQ.113/2018 10. Deputy R.J. Ward of St. Helier asked a question of the Minister for Treasury and Resources

regarding allocations in the Medium Term Financial Plan for public sector pay awards.

OQ.108/2018 11. Deputy L.M.C. Doublet of St. Saviour asked a question of the Minister for Social Security

regarding the introduction of breastfeeding rights.

OQ.117/2018 12. Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding the

availability of statistics in Jersey with regard to healthy diets.

OQ.118/2018 13. Deputy M.R. Higgins of St. Helier asked a question of the Minister for Health and Social

Services regarding the provision of information relating to the Future Hospital to Ministers,

the States and the public.

OQ.112/2018 14. Deputy K.F. Morel of St. Lawrence asked a question of the Minister for Children and Housing

regarding the rent policy of Andium Homes.

OQ.123/2018 15. Deputy K.G. Pamplin of St. Saviour asked a question of the Minister for Children and Housing

regarding the decision of Andium Homes not to sign up to the landlords’ accreditation scheme,

Rent Safe.

OQ.121/2018 16. Deputy G.P. Southern of St. Helier asked a question of the Chief Minister regarding the impact

of income inequality.

OQ.109/2018 17. Deputy L.M.C. Doublet of St. Saviour asked a question of the Minister for Treasury and

Resources regarding measures to allow for married women to manage their own tax affairs.

OQ.119/2018 18. Deputy M.R. Higgins of St. Helier asked a question of the Chief Minister regarding the

application of policy to instances where officers were found to have lied or covered up failures.

OQ.124/2018 19. Deputy M. Tadier of St. Brelade asked a question of the Minister for Children and Housing

regarding the policy of Andium Homes that rents stand at 90% of the market rate.

OQ.122/2018 20. The Connetable of St. Helier asked a question of the Minister for the Environment regarding

implementation of the Future St. Helier initiative.

Oral Questions without notice

(see Official Report/Hansard)

The Minister for Economic Development, Tourism, Sport and Culture 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 Children and Housing made a statement regarding the Ofsted inspection of Children’s

Services.

Draft Limited Liability Companies (Jersey) Law 201- P.85/2018

THE STATES commenced consideration of the Draft Limited Liability Companies (Jersey) Law 201- and

adopted the principles.

STATES MINUTES 11th September 2018

335

Members present voted as follows –

POUR: 38 CONTRE: 0 ABSTAIN: 0

Senator S.C. Ferguson

Senator T.A. Vallois

Senator K.L. Moore

Senator S.W. Pallett

Senator S.Y. Mézec

Connétable of St. Helier

Connétable of St. Clement

Connétable of St. Lawrence

Connétable of St. Saviour

Connétable of St. Brelade

Connétable of Grouville

Connétable of Trinity

Connétable of St. Peter

Connétable of St. Mary

Connétable of St. Ouen

Connétable of St. Martin

Deputy J.A. Martin (H)

Deputy of Grouville

Deputy K.C. Lewis (S)

Deputy S.J. Pinel (C)

Deputy of St. Ouen

Deputy L.M.C. Doublet (S)

Deputy R. Labey (H)

Deputy S.M. Wickenden (H)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Deputy J.H. Young (B)

Deputy L.B.E. Ash (C)

Deputy K.F. Morel (L)

Deputy G.C.U. Guida (L)

Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H)

Deputy S.M. Ahier (H)

Deputy J.H. Perchard (S)

Deputy R.J. Ward (H)

Deputy K.G. Pamplin (S)

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 63.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled

the Limited Liability Companies (Jersey) Law 201-.

Members present voted as follows –

POUR: 41 CONTRE: 0 ABSTAIN: 0

Senator L.J. Farnham

Senator S.C. Ferguson

STATES MINUTES 11th September 2018

336

Senator J.A.N. Le Fondré

Senator T.A. Vallois

Senator K.L. Moore

Senator S.W. Pallett

Senator S.Y. Mézec

Connétable of St. Helier

Connétable of St. Clement

Connétable of St. Lawrence

Connétable of St. Saviour

Connétable of St. Brelade

Connétable of Grouville

Connétable of Trinity

Connétable of St. Peter

Connétable of St. Mary

Connétable of St. Ouen

Connétable of St. Martin

Deputy J.A. Martin (H)

Deputy of Grouville

Deputy K.C. Lewis (S)

Deputy S.J. Pinel (C)

Deputy of St. Martin

Deputy of St. Ouen

Deputy L.M.C. Doublet (S)

Deputy R. Labey (H)

Deputy S.M. Wickenden (H)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Deputy J.H. Young (B)

Deputy L.B.E. Ash (C)

Deputy K.F. Morel (L)

Deputy G.C.U. Guida (L)

Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H)

Deputy S.M. Ahier (H)

Deputy J.H. Perchard (S)

Deputy R.J. Ward (H)

Deputy K.G. Pamplin (S)

Health and Safety Appeal Tribunal: re-appointment of members P.92/2018

THE STATES, adopting a proposition of the Minister for Social Security, re-appointed Mr. David Martin

Rothband and Mr. Nigel Collier-Webb as members of the Health and Safety Appeal Tribunal, in pursuance

of Article 17 of the Health and Safety at Work (Jersey) Law 1989, and the Health and Safety at Work

(Appeal Tribunal) (Jersey) Regulations 1989, with immediate effect, for a period of 3 years.

Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 6) (Jersey) Regulations 201- P.93/2018

THE STATES commenced consideration of the Draft Sea Fisheries (Minimum Size Limits) (Amendment

No. 6) (Jersey) Regulations 201- and adopted the principles.

Members present voted as follows –

STATES MINUTES 11th September 2018

337

POUR: 43 CONTRE: 0 ABSTAIN: 0

Senator L.J. Farnham

Senator S.C. Ferguson

Senator J.A.N. Le Fondré

Senator T.A. Vallois

Senator K.L. Moore

Senator S.W. Pallett

Senator S.Y. Mézec

Connétable of St. Helier

Connétable of St. Clement

Connétable of St. Lawrence

Connétable of St. Saviour

Connétable of St. Brelade

Connétable of Grouville

Connétable of St. John

Connétable of Trinity

Connétable of St. Peter

Connétable of St. Mary

Connétable of St. Ouen

Connétable of St. Martin

Deputy J.A. Martin (H)

Deputy of Grouville

Deputy K.C. Lewis (S)

Deputy M. Tadier (B)

Deputy S.J. Pinel (C)

Deputy of St. Martin

Deputy of St. Ouen

Deputy L.M.C. Doublet (S)

Deputy R. Labey (H)

Deputy S.M. Wickenden (H)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Deputy J.H. Young (B)

Deputy L.B.E. Ash (C)

Deputy K.F. Morel (L)

Deputy G.C.U. Guida (L)

Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H)

Deputy S.M. Ahier (H)

Deputy J.H. Perchard (S)

Deputy R.J. Ward (H)

Deputy K.G. Pamplin (S)

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 and 2.

THE STATES, in pursuance of Articles 2 and 6 of the Sea Fisheries (Jersey) Law 1994, made Regulations

entitled the Sea Fisheries (Minimum Size Limits) (Amendment No. 6) (Jersey) Regulations 2018.

STATES MINUTES 11th September 2018

338

Draft Sea Fisheries (Les Ecréhous) (Jersey) Regulations 201- P.94/2018

THE STATES commenced consideration of the Draft Sea Fisheries (Les Ecréhous) (Jersey) Regulations

201- and adopted the principles.

Members present voted as follows –

POUR: 42 CONTRE: 0 ABSTAIN: 0

Senator L.J. Farnham

Senator S.C. Ferguson

Senator J.A.N. Le Fondré

Senator T.A. Vallois

Senator K.L. Moore

Senator S.Y. Mézec

Connétable of St. Helier

Connétable of St. Clement

Connétable of St. Lawrence

Connétable of St. Saviour

Connétable of St. Brelade

Connétable of Grouville

Connétable of St. John

Connétable of Trinity

Connétable of St. Peter

Connétable of St. Mary

Connétable of St. Ouen

Connétable of St. Martin

Deputy J.A. Martin (H)

Deputy of Grouville

Deputy K.C. Lewis (S)

Deputy M. Tadier (B)

Deputy S.J. Pinel (C)

Deputy of St. Martin

Deputy of St. Ouen

Deputy L.M.C. Doublet (S)

Deputy R. Labey (H)

Deputy S.M. Wickenden (H)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Deputy J.H. Young (B)

Deputy L.B.E. Ash (C)

Deputy K.F. Morel (L)

Deputy G.C.U. Guida (L)

Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H)

Deputy S.M. Ahier (H)

Deputy J.H. Perchard (S)

Deputy R.J. Ward (H)

Deputy K.G. Pamplin (S)

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 3.

STATES MINUTES 11th September 2018

339

THE STATES, in pursuance of Articles 2, 5 and 29 of the Sea Fisheries (Jersey) Law 1994, made

Regulations entitled the Sea Fisheries (Les Ecréhous) (Jersey) Regulations 2018.

Draft Public Health and Safety (Rented Dwellings) (Jersey) Law 2018 (Appointed Day) Act 201-

P.95/2018

THE STATES, in pursuance of Article 22 of the Public Health and Safety (Rented Dwellings) (Jersey)

Law 2018, made an Act entitled the Public Health and Safety (Rented Dwellings) (Jersey) Law 2018

(Appointed Day) Act 2018.

Members present voted as follows –

POUR: 39 CONTRE: 0 ABSTAIN: 0

Senator L.J. Farnham

Senator S.C. Ferguson

Senator J.A.N. Le Fondré

Senator T.A. Vallois

Senator K.L. Moore

Senator S.Y. Mézec

Connétable of St. Helier

Connétable of St. Saviour

Connétable of St. Brelade

Connétable of Grouville

Connétable of St. John

Connétable of St. Peter

Connétable of St. Mary

Connétable of St. Ouen

Connétable of St. Martin

Deputy J.A. Martin (H)

Deputy G.P. Southern (H)

Deputy of Grouville

Deputy K.C. Lewis (S)

Deputy M. Tadier (B)

Deputy S.J. Pinel (C)

Deputy of St. Martin

Deputy L.M.C. Doublet (S)

Deputy R. Labey (H)

Deputy S.M. Wickenden (H)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Deputy J.H. Young (B)

Deputy L.B.E. Ash (C)

Deputy K.F. Morel (L)

Deputy G.C.U. Guida (L)

Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H)

Deputy S.M. Ahier (H)

Deputy J.H. Perchard (S)

Deputy R.J. Ward (H)

Deputy K.G. Pamplin (S)

STATES MINUTES 11th September 2018

340

THE STATES noted that, in accordance with the provisions of Standing Order 106(1)(b), the following

members declared an interest, but remained in the Chamber for the duration of the debate on the Draft

Public Health and Safety (Rented Dwellings) (Jersey) Law 2018 (Appointed Day) Act 201- –

Senator Lyndon John Farnham

Senator Sarah Craig Ferguson

Senator John Alexander Nicholas Le Fondré

The Connétable of Grouville

The Connétable of St. John

The Connétable of St. Peter

The Connétable of St. Ouen

The Deputy of Grouville

Deputy Susan Jane Pinel of St. Clement

The Deputy of St. Martin

The Deputy of St. Ouen

The Deputy of St. Mary

Deputy Graham John Truscott of St. Brelade

Deputy John Hilary Young of St. Brelade

Deputy Kirsten Francis Morel of St. Lawrence

Deputy Gregory Charles Umberto Guida of St. Lawrence

The Deputy of St. Peter

The Deputy of Trinity

Draft Amendment (No. 36) of the Standing Orders of the States of Jersey P.98/2018

THE STATES, in pursuance of Article 48 of the States of Jersey Law 2005, made Amendment (No. 36) of

the Standing Orders of the States of Jersey.

Entitled status on social and economic grounds: changes to legislation P.99/2018

THE STATES, having commenced consideration of a proposition of Deputy Jessica Harriet Perchard of

St. Saviour entitled ‘Entitled status on social and economic grounds: changes to legislation’ (P.99/2018),

rejected paragraph (a) of the proposition that Regulation 2(1)(e) of the Control of Housing and Work

(Residential and Employment Status) (Jersey) Regulations 2013 should be amended so that it could not be

applied to persons employed by the States or States-owned bodies.

Members present voted as follows –

POUR: 21 CONTRE: 23 ABSTAIN: 0

Senator T.A. Vallois Senator L.J. Farnham

Senator K.L. Moore Senator S.C. Ferguson

Senator S.W. Pallett Senator J.A.N. Le Fondré

Senator S.Y. Mézec Connétable of St. Helier

Connétable of St. Lawrence Connétable of St. Clement

Connétable of St. Brelade Connétable of St. Saviour

Connétable of Grouville Connétable of St. John

Connétable of St. Martin Connétable of Trinity

Deputy of Grouville Connétable of St. Peter

Deputy of St. Ouen Connétable of St. Mary

Deputy L.M.C. Doublet (S) Connétable of St. Ouen

Deputy R. Labey (H) Deputy J.A. Martin (H)

Deputy S.M. Wickenden (H) Deputy G.P. Southern (H)

Deputy K.F. Morel (L) Deputy K.C. Lewis (S)

STATES MINUTES 11th September 2018

341

Deputy G.C.U. Guida (L) Deputy M. Tadier (B)

Deputy of Trinity Deputy S.J. Pinel (C)

Deputy of St. John Deputy of St. Martin

Deputy M.R. Le Hegarat (H) Deputy of St. Mary

Deputy S.M. Ahier (H) Deputy G.J. Truscott (B)

Deputy J.H. Perchard (S) Deputy J.H. Young (B)

Deputy K.G. Pamplin (S) Deputy L.B.E. Ash (C)

Deputy of St. Peter

Deputy R.J. Ward (H)

Following the rejection of paragraph (a), the Deputy Bailiff informed the Assembly that paragraph (b) of

the proposition was deemed to have been withdrawn.

THE STATES, adopting paragraph (c), agreed that policy guidance issued under the Control of Housing

and Work (Jersey) Law 2012 should be amended to include defined and measurable criteria for the

application of Regulation 2(1)(e) of the Control of Housing and Work (Residential and Employment

Status) (Jersey) Regulations 2013.

Members present voted as follows –

POUR: 44 CONTRE: 0 ABSTAIN: 0

Senator L.J. Farnham

Senator S.C. Ferguson

Senator J.A.N. Le Fondré

Senator T.A. Vallois

Senator K.L. Moore

Senator S.W. Pallett

Senator S.Y. Mézec

Connétable of St. Helier

Connétable of St. Clement

Connétable of St. Lawrence

Connétable of St. Saviour

Connétable of St. Brelade

Connétable of Grouville

Connétable of St. John

Connétable of Trinity

Connétable of St. Peter

Connétable of St. Mary

Connétable of St. Ouen

Connétable of St. Martin

Deputy J.A. Martin (H)

Deputy G.P. Southern (H)

Deputy of Grouville

Deputy K.C. Lewis (S)

Deputy M. Tadier (B)

Deputy S.J. Pinel (C)

Deputy of St. Martin

Deputy of St. Ouen

Deputy L.M.C. Doublet (S)

Deputy R. Labey (H)

Deputy S.M. Wickenden (H)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Deputy J.H. Young (B)

Deputy L.B.E. Ash (C)

STATES MINUTES 11th September 2018

342

Deputy K.F. Morel (L)

Deputy G.C.U. Guida (L)

Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H)

Deputy S.M. Ahier (H)

Deputy J.H. Perchard (S)

Deputy R.J. Ward (H)

Deputy K.G. Pamplin (S)

THE STATES, adopting paragraph (d), agreed that decisions to grant Entitled status under

Regulation 2(1)(e) of the Control of Housing and Work (Residential and Employment Status) (Jersey)

Regulations 2013 should be taken by the Housing and Work Advisory Group.

Members present voted as follows –

POUR: 39 CONTRE: 5 ABSTAIN: 0

Senator L.J. Farnham Connétable of St. Saviour

Senator S.C. Ferguson Connétable of St. John

Senator J.A.N. Le Fondré Connétable of St. Peter

Senator T.A. Vallois Connétable of St. Ouen

Senator K.L. Moore Deputy of St. Martin

Senator S.W. Pallett

Senator S.Y. Mézec

Connétable of St. Helier

Connétable of St. Clement

Connétable of St. Lawrence

Connétable of St. Brelade

Connétable of Grouville

Connétable of Trinity

Connétable of St. Mary

Connétable of St. Martin

Deputy J.A. Martin (H)

Deputy G.P. Southern (H)

Deputy of Grouville

Deputy K.C. Lewis (S)

Deputy M. Tadier (B)

Deputy S.J. Pinel (C)

Deputy of St. Ouen

Deputy L.M.C. Doublet (S)

Deputy R. Labey (H)

Deputy S.M. Wickenden (H)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Deputy J.H. Young (B)

Deputy L.B.E. Ash (C)

Deputy K.F. Morel (L)

Deputy G.C.U. Guida (L)

Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H)

Deputy S.M. Ahier (H)

Deputy J.H. Perchard (S)

STATES MINUTES 11th September 2018

343

Deputy R.J. Ward (H)

Deputy K.G. Pamplin (S)

THE STATES, adopting paragraph (e), agreed to request the Chief Minister to bring forward the necessary

policy and legislative changes by 31st March 2019 to give effect to these measures.

Members present voted as follows –

POUR: 39 CONTRE: 5 ABSTAIN: 0

Senator L.J. Farnham Connétable of St. Peter

Senator S.C. Ferguson Deputy S.J. Pinel (C)

Senator J.A.N. Le Fondré Deputy of St. Martin

Senator T.A. Vallois Deputy L.B.E. Ash (C)

Senator K.L. Moore Deputy G.C.U. Guida (L)

Senator S.W. Pallett

Senator S.Y. Mézec

Connétable of St. Helier

Connétable of St. Clement

Connétable of St. Lawrence

Connétable of St. Saviour

Connétable of St. Brelade

Connétable of Grouville

Connétable of St. John

Connétable of Trinity

Connétable of St. Mary

Connétable of St. Ouen

Connétable of St. Martin

Deputy J.A. Martin (H)

Deputy G.P. Southern (H)

Deputy of Grouville

Deputy K.C. Lewis (S)

Deputy M. Tadier (B)

Deputy of St. Ouen

Deputy L.M.C. Doublet (S)

Deputy R. Labey (H)

Deputy S.M. Wickenden (H)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Deputy J.H. Young (B)

Deputy K.F. Morel (L)

Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H)

Deputy S.M. Ahier (H)

Deputy J.H. Perchard (S)

Deputy R.J. Ward (H)

Deputy K.G. Pamplin (S)

Arrangement of public business for future meetings

THE STATES agreed the following arrangement of public business for future meetings proposed, as

amended, by the Chairman of the Privileges and Procedures Committee in accordance with the provisions

of Standing Order 88(3) –

STATES MINUTES 11th September 2018

344

25th September 2018

Ratification of the Agreement between the Government of Jersey and the Government

of the United Kingdom of Great Britain and Northern Ireland for the Elimination of

Double Taxation with respect to Taxes on Income and on Capital Gains and the

Prevention of Tax Evasion and Avoidance.

Lodged: 3rd August 2018.

Minister for External Relations.

P.97/2018.

Rejection of Planning Application relating to Retreat Farm, La Rue de La Frontière,

St. Mary and Rue des Varvots, St. Lawrence: rescindment of Ministerial Decision.

Lodged: 20th August 2018.

Deputy S.M. Wickenden of St. Helier.

P.100/2018.

Standing Orders of the States of Jersey: rescindment of Standing Order 141A(2)(c).

Lodged: 23rd August 2018.

Deputy R. Labey of St. Helier.

P.101/2018.

9th October 2018

23rd October 2018

Public impact of Propositions: proposed amendment to Standing Orders.

Lodged: 3rd August 2018.

Deputy G.C.U. Guida of St. Lawrence.

P.96/2018.

Public impact of Propositions: proposed amendment to Standing Orders (P.96/2018) –

comments.

Presented: 23rd August 2018.

Privileges and Procedures Committee.

P.96/2018.

Com.

Public impact of Propositions: proposed amendment to Standing Orders (P.96/2018) –

comments.

Presented: 10th September 2018.

Chief Minister.

P.96/2018.

Com.(2).

Public impact of Propositions: proposed amendment to Standing Orders (P.96/2018) –

amendment.

Lodged: 20th August 2018.

Deputy S.M. Wickenden of St. Helier.

P.96/2018.

Amd.

Public impact of Propositions: proposed amendment to Standing Orders (P.96/2018) –

second amendment.

Lodged: 22nd August 2018.

Senator S.C. Ferguson.

P.96/2018.

Amd.(2)

Ratification of the Agreement between Jersey and the Principality of Liechtenstein for

the Elimination of Double Taxation with Respect to Taxes on Income and on Capital

and the Prevention of Tax Evasion and Avoidance.

Lodged: 30th August 2018.

Minister for External Relations.

P.102/2018.

STATES MINUTES 11th September 2018

345

THE STATES rose at 5:49 p.m.

L.-M. HART

Deputy Greffier of the States