States Minutes 28 February 2023
This content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments. Please see the PDF for the official version of the document.
THE STATES assembled on Tuesday 28th February 2023, at 9.40 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 Kirsten Francis Morel of St. John , St. Lawrence and Trinity – en défaut (défaut raised at 9.59 a.m.) Deputy Philip Francis Cyril Ozouf of St. Saviour – excused attendance
Deputy Helen Mary Miles of St. Brelade – 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.
Subordinate enactments tabled
The following enactments were tabled, namely –
Control of Housing and Work (Exemptions) (Amendment No. 6) (Jersey) Order R&O.16/2023. 2023.
Motor Vehicles (Registration Fees – Exemption for Zero Emission Vehicles) (Jersey) R&O.17/2023. Order 2023.
Documents presented
Establishment of a Climate Council (P.117/2022) – comments. P.117/2022. Presented: 24th February 2023, Minister for the Environment. Com. Assembly consideration of the bilateral investments treaty with the UAE (P.6/2023) – P.6/2023. comments. Com. Presented: 24th February 2023, Privileges and Procedures Committee.
Assembly consideration of the bilateral investments treaty with the UAE (P.6/2023): P.6/2023. Second Amendment (P.6/2023 Amd.(2)) – comments. Amd.(2). Presented: 24th February 2023, Economic and International Affairs Scrutiny Panel. Com.
Governance and accountability of independent bodies and office holders (Thinkpiece) R.174/2022. (R.174/2022): Executive Response. Res. Presented: 13th February 2023, Public Accounts Committee.
Appointment of Pan-Island Commissioner for Standards. R.21/2023. Presented: 8th February 2023, Privileges and Procedures Committee.
States Of Jersey Law 2005: Delegation Of Functions – Minister For External Relations R.23/2023. And Financial Services – Delegation Of Financial Services.
Presented: 8th February 2023, Minister for External Relations and Financial Services.
Membership of the Legislation Advisory Panel. R.24/2023. Presented: 9th February 2023, Chief Minister.
Annual Statement of the Office of the Superintendent Registrar 2022. R.25/2023. Presented: 10th February 2023, Minister for Home Affairs.
Land Transactions under Standing Order 168(3) – La Piscine Coffee Bar, Les R.26/2023. Quennevais Sports Centre, La Route des Quennevais, St. Brelade – Lease.
Presented: 13th February 2023, Minister for Infrastructure.
States of Jersey Law 2005: Delegation of functions – Minister for External Relations R.28/2023. and Financial Services – Delegation of Financial Services.
Presented: 20th February 2023, Minister for External Relations and Financial
States of Jersey Law 2005: Delegation of functions – Minister for External Relations R.29/2023. and Financial Services – Delegation of External Relations.
Presented: 20th February 2023, Minister for External Relations and Financial
States of Jersey Complaints Board findings - Mr S Newman against the Treasury and R.31/2023. Exchequer Department regarding the valuation and calculation of pension
Presented: 27th February 2023, Privileges and Procedures Committee.
Approach to Delivering New Health Care Facilities. R.32/2023. Presented: 28th February 2023, Minister for Infrastructure.
Notification of lodged propositions
Assembly consideration of the Bilateral Treaty with the UAE (P.6/2023): amendment. P.6/2023. Lodged: 21st February 2023, Deputy P.M. Bailhache of St. Clement . Amd.
Assembly consideration of the Bilateral Treaty with the UAE (P.6/2023): second P.6/2023. amendment. Amd.(2). Lodged: 21st February 2023, Minister for External Relations and Financial Services.
Vote of No Confidence – Chair of the Health and Social Security Scrutiny Panel. P.7/2023. Lodged: 21st February 2023, Deputy P.M. Bailhache of St. Clement .
Draft Endangered Species (CITES) (Amendment) (Jersey) Law 202-. P.8/2023. Lodged: 23rd February 2023, Minister for the Environment.
Development of Town Masterplan. P.9/2023. Lodged: 28th February 2023, Connétable of St. Helier .
Written Questions
(see Official Report/Hansard)
WQ.37/2023 1. The Minister for Infrastructure had tabled an answer on 13th February 2023 to a question
asked by Deputy M.B. Andrews of St. Helier North regarding Active Card holders. WQ.38/2023 2. The Minister for Social Security had tabled an answer on 13th February 2023 to a question
asked by Deputy G.P. Southern of St. Helier Central regarding reviewing the operation of
zero-hours contracts in Jersey.
WQ.39/2023 3. The Minister for Children and Education had tabled an answer on 13th February 2023 to a
question asked by Deputy C.D. Curtis of St. Helier Central regarding access to Les Quennevais School.
WQ.40/2023 4. The Minister for Children and Education had tabled an answer on 13th February 2023 to a
question asked by Deputy R.J. Ward of St. Helier Central regarding the registration of Jersey-based teachers on the cover staff list.
WQ.41/2023 5. The Chair of the States Employment Board had tabled an answer on 13th February 2023 to a
question asked by Deputy M.R. Scott of St. Brelade regarding standards of ethical conduct in Government.
WQ.42/2023 6. The Chief Minister had tabled an answer on 13th February 2023 to a question asked by
Deputy S.Y. Mézec of St. Helier South regarding the Financial Services portfolio.
WQ.43/2023 7. The Chair of the States Employment Board had tabled an answer on 20th February 2023 to a
question asked by Deputy M.B. Andrews of St. Helier North regarding a breakdown of the payroll expenditure by ministerial department.
WQ.44/2023 8. The Chair of the States Employment Board had tabled an answer on 20th February 2023 to a
question asked by Deputy M.B. Andrews of St. Helier North regarding payroll expenditure as a percentage of overall government expenditure.
WQ.45/2023 9. The Chair of the States Employment Board had tabled an answer on 20th February 2023 to a
question asked by Deputy M.B. Andrews of St. Helier North regarding savings in payroll expenditure.
WQ.46/2023 10. The Minister for Economic Development, Tourism, Sport and Culture had tabled an answer
on 20th February 2023 to a question asked by Deputy R.J. Ward of St. Helier Central regarding Government funding for the Jersey Football Association (JFA).
WQ.47/2023 11. The Chair of the States Employment Board had tabled an answer on 20th February 2023 to a
question asked by Deputy R.J. Ward of St. Helier Central regarding full-time employees (FTE) in Broad Street.
WQ.48/2023 12. The Chair of the States Employment Board had tabled an answer on 20th February 2023 to a
question asked by Deputy R.J. Ward of St. Helier Central regarding the timescale for all 2022 public sector pay awards to be settled.
WQ.49/2023 13. The Minister for Social Security had tabled an answer on 20th February 2023 to a question
asked by Deputy G.P. Southern of St. Helier Central regarding the living wage.
WQ.50/2023 14. The Minister for Health and Social Services had tabled an answer on 20th February 2023 to
a question asked by Deputy G.P. Southern of St. Helier Central regarding the various funding options' referred to in her response to Written Question 20/2023.
WQ.51/2023 15. The Minister for Social Security had tabled an answer on 20th February 2023 to a question
asked by Deputy G.P. Southern of St. Helier Central regarding the Centre for Research in Social Policy (CRSP) at Loughborough University on Minimum Income Standards (MIS).
WQ.52/2023 16. The Chief Minister had tabled an answer on 20th February 2023 to a question asked by
Deputy L.V. Feltham of St. Helier Central regarding new staff in the Ministerial Office. WQ.53/2023 17. The Chief Minister had tabled an answer on 20th February 2023 to a question asked by
Deputy L.V. Feltham of St. Helier Central regarding Ministerial travel.
WQ.54/2023 18. The Chief Minister had tabled an answer on 20th February 2023 to a question asked by
Deputy L.V. Feltham of St. Helier Central regarding conflicts of interest during meetings of the Council of Ministers.
WQ.55/2023 19. The Chief Minister had tabled an answer on 20th February 2023 to a question asked by
Deputy M.R. Scott of St. Brelade regarding the Minister for External Relations and Financial Services.
WQ.56/2023 20. The Minister for Infrastructure had tabled an answer on 20th February 2023 to a question
asked by Deputy R.S. Kovacs of St. Saviour regarding the AquaSplash facility on the Waterfront.
WQ.58/2023 21. The Chief Minister had tabled an answer on 20th February 2023 to a question asked by
Deputy M.R. Scott of St. Brelade regarding the application of the principle of open justice by the Jersey judiciary.
WQ.59/2023 22. The Minister for the Environment had tabled an answer on 20th February 2023 to a question
asked by Deputy M.R. Scott of St. Brelade regarding conflicts of interest in respect of the Planning Committee.
WQ.60/2023 23. The Minister for Health and Social Services had tabled an answer on 27th February 2023 to
a question asked by Deputy M.B. Andrews of St. Helier North regarding the total number of medical appointments offered by her Department.
WQ.61/2023 24. The Minister for Treasury and Resources had tabled an answer on 27th February 2023 to a
question asked by Deputy M.B. Andrews of St. Helier North regarding entities registered under the Zero/Ten' regime.
WQ.62/2023 25. The Chair of the States Employment Board had tabled an answer on 27th February 2023 to a
question asked by Deputy M.B. Andrews of St. Helier North regarding the number of vacancies within each Government department.
WQ.63/2023 26. The Chair of the States Employment Board had tabled an answer on 27th February 2023 to a
question asked by Deputy M.R. Scott of St. Brelade regarding a list of activities that could potentially lead to the dismissal of a public employee.
WQ.64/2023 27. The Minister for the Environment had tabled an answer on 27th February 2023 to a question
asked by the Connétable of St. Brelade regarding invasive extractor fan noise for residents of La Rue du Crocquet in St. Aubin.
WQ.65/2023 28. The Minister for Home Affairs had tabled an answer on 27th February 2023 to a question
asked by Deputy M.R. Le Hegarat of St. Helier North regarding time off in lieu in the States of Jersey Police.
WQ.66/2023 29. The Minister for Health and Social Services had tabled an answer on 27th February 2023 to
a question asked by Deputy G.P. Southern of St. Helier Central regarding a report on the potential impact of the adoption of the terms and conditions contained in the Jersey Ethical Care Charter for Homecare.
WQ.67/2023 30. The Minister for the Environment had tabled an answer on 27th February 2023 to a question
asked by Deputy G.P. Southern of St. Helier Central regarding a report on the potential impact of the adoption of the terms and conditions contained in the Jersey Ethical Care Charter for Homecare.
WQ.68/2023 31. The Minister for Economic Development, Tourism, Sport and Culture had tabled an answer on 27th February 2023 to a question asked by Deputy M.R. Scott of St. Brelade regarding the
direct involvement in planning applications of Ministers and officers of their departments. WQ.69/2023 32. The Minister for Home Affairs had tabled an answer on 27th February 2023 to a question
asked by Deputy M.R. Le Hegarat of St. Helier North regarding domestic violence incidents
and rape allegations.
WQ.70/2023 33. The Minister for Home Affairs had tabled an answer on 27th February 2023 to a question
asked by Deputy M.R. Le Hegarat of St. Helier North regarding the States of Jersey Police, Fire and Rescue, Ambulance, Customs and Immigration and Prison services.
WQ.71/2023 34. The Chair of the States Employment Board had tabled an answer on 27th February 2023 to a
question asked by Deputy M.R. Scott of St. Brelade regarding the probity standard to which the States Employment Board required all public servants to adhere.
WQ.72/2023 35. The Minister for Economic Development, Tourism, Sport and Culture had tabled an answer
on 27th February 2023 to a question asked by Deputy R.J. Ward of St. Helier Central regarding Jersey Sport.
WQ.73/2023 36. The Chief Minister had tabled an answer on 27th February 2023 to a question asked by
Deputy R.J. Ward of St. Helier Central regarding Part CM P6 of the Chief Minister's published delivery plan.
WQ.74/2023 37. The Minister for Economic Development, Tourism, Sport and Culture had tabled an answer
on 27th February 2023 to a question asked by Deputy R.J. Ward of St. Helier Central regarding Section MEDTSC P7.1 of the Ministerial Delivery Plans relating to the Opera House.
WQ.75/2023 38. The Minister for Social Security had tabled an answer on 27th February 2023 to a question
asked by Deputy G.P. Southern of St. Helier Central regarding a review of the benefits system.
WQ.76/2023 39. The Minister for Housing and Communities had tabled an answer on 27th February 2023 to
a question asked by Deputy S.Y. Mézec of St. Helier South regarding the Affordable Housing Gateway and the Assisted Purchase Pathway.
WQ.77/2023 40. The Assistant Chief Minister had tabled an answer on 27th February 2023 to a question
asked by Deputy S.Y. Mézec of St. Helier South regarding projects that had existed for the purpose of implementing e-government.
WQ.78/2023 41. The Chief Minister had tabled an answer on 27th February 2023 to a question asked by
Deputy S.Y. Mézec of St. Helier South regarding complaints by civil servants about the conduct of Ministers or Assistant Ministers.
WQ.79/2023 42. The Minister for Housing and Communities had tabled an answer on 27th February 2023 to
a question asked by Deputy L.V. Feltham of St. Helier Central regarding priorities in relation to the Communities portfolio.
WQ.80/2023 43. The Chief Minister had tabled an answer on 27th February 2023 to a question asked by
Deputy L.V. Feltham of St. Helier Central regarding Government of Jersey buildings and accessibility.
WQ.81/2023 44. The Chief Minister had tabled an answer on 27th February 2023 to a question asked by
Deputy L.V. Feltham of St. Helier Central regarding the accessibility of Government services.
Oral Questions
(see Official Report/Hansard)
OQ.35/2023 1. Deputy S.Y. Mézec of St. Helier South asked a question of the Minister for Housing and
Communities regarding legislation to enshrine a definition of homelessness in law.
OQ.30/2023 2. Deputy L.V. Feltham of St. Helier Central asked a question of the Minister for Social Security
regarding the evaluation of existing benefit areas.
OQ.32/2023 3. Deputy G.P. Southern of St. Helier Central asked a question of the Minister for Social
Security regarding the measurement of relative poverty.
OQ.26/2023 4. Deputy M. Tadier of St. Brelade asked a question of the Assistant Minister for Home Affairs
regarding the legal recognition given to Common Law Marriage.
OQ.28/2023 5. Deputy R.J. Ward of St. Helier Central asked a question of the Chief Minister regarding
actions to address gender income inequality.
OQ.24/2023 6. The Connétable of St. Martin asked a question of the Assistant Minister for Home Affairs
regarding the development and roll-out of the notification of domestic abusers.
OQ.34/2023 7. Deputy M.R. Scott of St. Brelade asked a question of the Minister for Health and Social
Services regarding the employment of consultants and clinicians who had reached retirement age.
OQ.22/2023 8. Deputy M.B. Andrews of St. Helier North asked a question of the Acting Minister for
External Relations and Financial Services regarding the negotiation of tax and trade agreements.
OQ.29/2023 9. Deputy R.J. Ward of St. Helier Central asked a question of the Minister for Health and Social
Services regarding the reported shortages of HRT (Hormone Replacement Therapy). OQ.36/2023 10. Deputy S.Y. Mézec of St. Helier South asked a question of the Minister for Infrastructure
regarding urban renewal work at Havre des Pas.
OQ.25/2023 11. The Connétable of St. Martin asked a question of the Assistant Minister for Home Affairs
regarding the Taskforce on Gender-Based Violence.
OQ.27/2023 12. Deputy M. Tadier of St. Brelade asked a question of the Vice-Chair of the States
Employment Board regarding the provision of electric pool cars to Government employees. OQ.23/2023 13. Deputy M.A. Andrews of St. Helier North asked a question of the Minister for Economic
Development, Tourism, Sport and Culture regarding the Marine Sector Support Scheme. OQ.31/2023 14. Deputy L.V. Feltham of St. Helier Central asked a question of the Minister for Infrastructure
regarding access to swimming facilities in Town.
OQ.33/2023 15. Deputy G.P. Southern of St. Helier Central asked a question of the Minister for Health and
Social Services regarding the implementation of the Jersey Ethical Care Charter.
Oral Questions without notice (see Official Report/Hansard)
The Minister for Housing and Communities answered questions without notice from members. The Minister for International Development 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 Infrastructure made a statement regarding the New Health Care Facilities project.
The Minister for Treasury and Resources made a statement regarding a complaint in respect of the calculation of pension entitlements from the Public Employees' Pension Fund.
Arrangement of public business for the present meeting
THE STATES, adopting a proposition of Deputy Sir Philip Martin Bailhache of St. Clement agreed in accordance with Standing Order 26(7), to reduce the minimum lodging period in respect of his proposition entitled Vote of No Confidence: Chair of the Health and Social Security Scrutiny Panel' (P.7/2023) in order that it might be debated at the present meeting.
Ability of Ministers to vote on propositions of no confidence – ruling by the Bailiff
The Bailiff advised the Assembly of his ruling that neither the Minister for Health and Social Services, nor the Minister for Social Security, would be able to cast a vote on the proposition of Deputy Sir Philip Martin Bailhache of St. Clement entitled Vote of No Confidence: Chair of the Health and Social Security Scrutiny Panel' (P.7/2023), as the proposition related to the occupancy of the position of Chair of the Health and Social Security Scrutiny Panel and given that neither Minister, when an election for Chair of that Panel took place in accordance with Standing Order 120, was able to nominate candidates to the position or to cast a vote during such an election process.
Vote of No Confidence: Chair of the Health and Social Security Scrutiny Panel P.7/2023
THE STATES commenced consideration of a proposition of Deputy Sir Philip Martin Bailhache of St. Clement entitled Vote of No Confidence: Chair of the Health and Social Security Scrutiny Panel' (P.7/2023) and rejected a proposition of Deputy Carolyn Fiona Labey of Grouville and St. Martin that, in accordance with Standing Order 85, the Assembly move to the consideration of the next item on the Order Paper.
Members present voted as follows –
POUR: 22 CONTRE: 22 ABSTAIN: 1 Connétable of St. Brelade Connétable of St. Helier Deputy M.R. Ferey
Connétable of Trinity Connétable of St. Lawrence
Connétable of St. Peter Connétable of St. Clement
Connétable of St. Martin Deputy G.P. Southern
Connétable of St. John Deputy M. Tadier
Connétable of Grouville Deputy K.F. Morel
Connétable of St. Ouen Deputy R.J. Ward
Connétable of St. Mary Deputy C.S. Alves
Connétable of St. Saviour Deputy L.J. Farnham
Deputy C.F. Labey Deputy S.Y. Mézec
Deputy S.G. Luce Deputy Sir P.M. Bailhache
Deputy L.M.C. Doublet Deputy T.A. Coles
Deputy M.R. Le Hegarat Deputy B.B.de S.V.M. Porée
Deputy S.M. Ahier Deputy M.R. Scott
Deputy I. Gardiner Deputy C.D. Curtis
Deputy I.J. Gorst Deputy L.V. Feltham
Deputy K.L. Moore Deputy A. Howell
Deputy D.J. Warr Deputy T.J.A. Binet
Deputy J. Renouf Deputy R.S. Kovacs
Deputy R.E. Binet Deputy B. Ward
Deputy H.L. Jeune Deputy L.K.F. Stephenson
Deputy A.F. Curtis Deputy M.B. Andrews
THE STATES noted that, as there was an equality of votes, the matter had been determined in the negative in accordance with Article 16(2) of the States of Jersey Law 2005.
THE STATES resumed consideration of the proposition of Deputy Sir Philip Martin Bailhache of St. Clement and, adopting a proposition of Deputy Kirsten Francis Morel of St. John , St. Lawrence and Trinity , agreed, in accordance with the provisions of Standing Order 84, that the proposition be put to the vote.
Members present voted as follows –
POUR: 36 CONTRE: 7 ABSTAIN: 0
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 K.F. Morel
Deputy M.R. Le Hegarat Deputy S.M. Ahier
Deputy R.J. Ward
Deputy C.S. Alves
Deputy I. Gardiner
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 M.R. Scott
Deputy J. Renouf
Deputy C.D. Curtis
Deputy L.V. Feltham Deputy R.E. Binet
Deputy H.L. Jeune
Deputy A. Howell
Deputy T.J.A. Binet
Deputy M.R. Ferey
Deputy R.S. Kovacs
Deputy B. Ward
Deputy L.K.F. Stephenson
Connétable of St. Lawrence Deputy M. Tadier
Deputy S.G. Luce
Deputy I.J. Gorst
Deputy Sir P.M. Bailhache Deputy A.F. Curtis
Deputy M.B. Andrews
Impact of agreement to close debate on propositions of no confidence – ruling by the Bailiff
The Bailiff ruled, in accordance with Standing Order 167, and notwithstanding the requirement of Standing Order 84(5) that, in light of the Assembly's decision that the proposition of Deputy Sir Philip Martin Bailhache of St. Clement entitled Vote of No Confidence: Chair of the Health and Social Security Scrutiny Panel' (P.7/2023) be put to the vote and the proposer of the proposition invited to reply to the debate, that the Chair of the Health and Social Security Scrutiny Panel would be provided with the opportunity to speak a second time, in accordance with Standing Order 103(2)(f), prior to the reply by the proposer to the debate.
Adjournment
THE STATES adjourned, having agreed to reconvene on Wednesday 1st March 2023 to continue consideration of the proposition of Deputy Sir Philip Martin Bailhache of St. Clement entitled Vote of No Confidence: Chair of the Health and Social Security Scrutiny Panel' (P.7/2023) and the other outstanding items of public business listed for the meeting.
THE STATES rose at 5.25 p.m.
L.-M. HART Greffier of the States