States Minutes 17th March 1981

THE STATES assembled on Tuesday, 17th March, 1981 at 10.15 a.m. under the Presidency of the Bailiff , Sir Frank Ereaut.

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All members were present with the exception of –

Senator Reginald Robert Jeune – out of the Island.

Arthur Bertram Carter, Deputy of Grouville – ill. _____

Prayers. _____

Welcome to the National President of the N.A.S.U.W.T.

The Bailiff welcomed to the House the National President of the  National  Association  of  Schoolteachers/Union  of  Women Teachers.

Subordinate legislation tabled.

The  following  enactments  were  laid  before  the  States, namely –

Health  Insurance  (Pharmaceutical  Benefit)  (General Provisions)  (Amendment  No. 8)  (Jersey)  Order,  1981. R & O–6911.

Road  Traffic  (Public  Parking  Places)  (Amendment  No. 3) (Jersey) Order, 1981. R & O–6912.

Public Rank Taxis (Fares and Charges) (Amendment) (Jersey) Order, 1981. R & O–6913.

53  [ Price : 35p.]

Public Lotteries Report 1980. R.C.7/81.

The Gambling Control Committee by Act dated 24th February, 1981 presented to the States its Report on Public Lotteries promoted and conducted during 1980.

THE STATES ordered that the said Report be printed and distributed.

Births, marriages and deaths 1980. R.C.8/81.

The Etat Civil Committee by Act dated 3rd March, 1981, presented to the States a Statement regarding births, marriages and deaths in 1980.

THE STATES ordered that the said Statement be printed and distributed.

Social Security Investment policy – report. P.25/81.

The Finance and Economics Committee by Act dated 25th February, 1981, presented to the States a Report on the Proposition of Deputy Terence John Le Main of St. Helier concerning the investment policy of the Social Security Committee (P.7/81).

THE STATES ordered that the said Report be printed and distributed.

Motor Vehicle Registration – report. P.26/81.

The Finance and Economics Committee by Act dated 11th March, 1981, presented to the States a Report on the Proposition of Deputy Terence John Le Main of St. Helier regarding motor vehicle registration (P.17/81).

THE STATES ordered that the said Report be printed and distributed.

Explosives – code of requirements.

The Defence Committee by Act dated 12th March, 1981, presented to the States amendments to the Explosives – code of requirements, 2nd Edition.

Matter noted – land transactions.

THE STATES noted an Act of the Finance and Economics Committee dated 11th March, 1981, showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved, as recommended by the Housing Committee, the leasing from Mr. Brian Dennis Murphy and Mrs. Loretta Cynthia Anne Murphy, née Unwin, of Klondyke, Rue des Friquettes, St. Saviour , required by the Establishment Committee for occupation by a newly appointed Air Traffic Control Officer, for a period of one year, with effect from 13th March, 1981, at a weekly rent of £65, payable six months in advance, with an option to renew for a further period of one year with a rent review in accordance with the increase in the Jersey Cost of Living Index.

Matters noted – financial transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 11th March, 1981, showing that, in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that –

1. the Island Development Committee had accepted the lowest of three tenders, namely that submitted by Ronez Ltd. in the sum of £81,078.73 for the construction of a new access road to La Collette Reclamation Area;
2. the Education Committee had accepted the lowest of five tenders, namely that submitted by Thatcher Ltd. in the sum of £90,177.90 for the construction of new science laboratories at Les Quennevais School;
3. the Education Committee had accepted the lowest of four tenders, namely that submitted by Mark Amy Ltd. in the sum of £38,378 for the construction of a new staircase and lift in Block A of Highlands College.

Matters lodged.

The following subject was lodged "au Greffe" –

Amendment to draft Administrative Decisions (Review) (Jersey) Law, 198 . P.28/81.

Presented by Deputy David John de la Haye of St. Ouen .

The following subjects were lodged "au Greffe" on 10th March, 1981 –

1. Draft Family Allowances (Jersey) Regulations, 198 . P.22/81.

Presented by the Social Security Committee. The States decided to take this subject into consideration on 7th April, 1981.

2. Rezoning of land at Balmain Nurseries, St. Helier . P.23/81.

Presented by the Island Development Committee.

The States decided to take this subject into consideration on 7th April, 1981.

3. Queen's Valley – compulsory purchase. P.24/81. Presented by the Public Works Committee.

Aid to glasshouse industry. P.14/81.

THE STATES acceded to the request of Senator Richard Joseph Shenton that consideration of his Proposition regarding aid to the glasshouse industry (P.14/81 – lodged on 17th February, 1981) be deferred from 24th March to 7th April, 1981.

Draft Administrative Decisions (Review) (Jersey) Law, 198 . P.18/81.

THE STATES decided to defer consideration of the draft Administrative Decisions (Review) (Jersey) Law, 198 (P.18/81 – lodged on 24th February, 1981) from 24th March to 7th April, 1981 to enable an amendment to the draft Law of Deputy David John de la Haye of St. Ouen (P.28/81 – lodged at the present Sitting) to be considered at the same time.

Pension rates. Questions and answers.

Deputy Hendricus Adolphus Vandervliet of St. Lawrence asked Deputy Francis Hedley Morel of St. Saviour , President of the Social Security Committee, the following questions –

"(1) In view of the fact that a widow suffers a diminution of

up to £4.80 per week in her pension on attaining the age of 65, could the President inform the House what would be, at present, the cost of maintaining the level of pensions to those widows who have qualified for widow's pensions?

2. Can the President state the average number of widows' pensions that have been paid over recent years?
3. Will the President give the number of other pensioners at present who receive a lower pension because they have reached 65 years of age?"

The  President  of  the  Social  Security Committee replied as follows –

"Before answering the questions it might be helpful to outline the legal position which gives rise to the questions. It is as follows –

1. As a general rule the only benefit open to people over 65 is old age pension (Disablement Benefit can be paid in addition). Therefore, people on sickness benefit or widows pension when they reach 65 must then go over to old age pension instead of the other benefit. A widow does not get a widow's pension after age 65. What she gets then is an old age pension.
2. The benefit rate for old age pension is lower than the standard benefit rate applicable to weekly benefits paid to people under 65, such as sickness benefit, injury benefit and widow's pension, but the gap is being closed in 20 annual steps ending in 1994.
3. In the meantime any person who is receiving a weekly benefit (other than disablement) on reaching age 65 must take the drop from standard benefit to old age pension rate. This applies to those who are sick as well as those on widow's pension.

1. Calculated on present benefit rates and number of pensioners, if the old age pension rate were raised to the standard benefit rate from 1st October, 1981, for widows only, the extra cost in the 1981/82 year would be £450,000in the first year and £3,148,000in the 13 years to 1994.

But it would be totally unfair to raise the old age pension for only some of our pensioners. If we did it for those who happen to be widows we would feel bound to do it for all old age pensioners, and in this case the additional cost would be £2,190,000 in the first year and more than £15 million in the 13 years to 1994.

It is emphasised that these amounts are calculated from the present benefit rates and number of pensioners. Future inflation and growth in the number of pensioners would certainly push the figures very much higher.

2. The number of women in receipt of widow's pension has risen fairly steadily from 457 in 1975 to 804 at 30th September, 1980.
3. At present there are about 12,705 old age pensioners comprised of 2,432 widows entitled by virtue of late husband's insurance, and 10,273 others".

Water Supply. Statement.

The President of the Public Works Committee made a Statement in the following terms –

"Having, by virtue of the provisions of the Water (Jersey) Law, 1972, placed upon the Jersey New Waterworks Company Limited the statutory responsibility for the provision of a satisfactory and adequate water supply for the Island, the States must remain satisfied that the Board of the Company continues to carry out those policies which justified such confidence.

The Public Works Committee, conscious of its duties under the Water Law to safeguard the Island's water supply, has therefore viewed with concern recent difficulties encountered by the Board of the Jersey New Waterworks Company Limited. Constant communication has been maintained between the Board and the Committee which has also kept the President of the Finance and Economics Committee fully informed of the developing situation.

Subsequently to the Extraordinary General Meeting of the Company held on Tuesday, 10th March, 1981, when certain changes in Board membership were announced, the President of the Public Works Committee has been assured by the Board of the continuing intention and ability of the Company to carry out its statutory obligations under the Water (Jersey) Law, 1972.

The opportunity has been taken by the Committee to reaffirm its support for the Company's declared policy for future water supplies and to remind the Board of the Committee's political responsibility in the matter.

It is accepted that the reconstituted Board will need a reasonable time to consider the programmes of its predecessors; the Committee will therefore not be asking today for a date for the consideration of its projet P.24 seeking compulsory purchase powers as requested by the Company.

The Committee wishes to make it clear, however, that it is in no doubt as to its own duty as clearly stated in its report of September, 1980 which is to safeguard the public interest, monitor and, if necessary, direct the Company in respect of future water supplies in the Island. The Committee is satisfied that, at present, there is no need for it to make firm recommendations to the States to achieve this objective but, should circumstances arise making such a step necessary, the Committee will not hesitate to make proposals to the States."

Elizabeth Castle – lease of café

THE STATES, adopting a Proposition of the Public Works Committee –

1. agreed to the leasing to Le Brun's Bakery Limited of the café at Elizabeth Castle, shown hatched in red on Drawing No. 14/H/64, for a term of 9 years, commencing on 25th March, 1981, at a rent of £9,000 a year or 15 per cent of gross sales whichever is the higher, subject

to a rent review every three years in line with market rents;

2. authorised the Attorney General and the Greffier of the States  to  pass  the necessary contract on behalf of the States;
3. authorised the Treasurer of the States to receive the rent as it became due.

Gorey Village Development Phase I – sale of land to Jersey New Waterworks Co. Ltd.

THE STATES, adopting a Proposition of the Housing Committee –

1. approved the sale to the Jersey New Waterworks Company Limited of an area of land measuring 25.1412 square metres at the Gorey Village Development Scheme, as shown on Drawing No. 204-52C, for the sum of £1 plus the payment of all legal expenses, for the siting of an air vessel house;
2. authorised the Attorney General and the Greffier of the States to pass the necessary contract in the matter;
3. authorised the Treasurer of the States to receive the said sum of £1 and to credit it to Vote No. C.1143, "Gorey Phase I Revenue".

Gorey Village Development Phase I – sale of land to J.E.C. Ltd.

THE STATES, adopting a Proposition of the Housing Committee –

1. approved the sale to the Jersey Electricity Company Limited of an area of land measuring 18.8475 square metres at the Gorey Village Development Scheme, as shown on Drawing No. 204-52C, for the sum of £1 plus the payment of all legal expenses, for the siting of an electricity sub-station and the granting of the necessary wayleaves;

2. authorised the Attorney General and the Greffier of the States to pass the necessary contract in the matter;
3. authorised the Treasurer of the States to receive the said sum of £1 and to credit it to Vote No. C1143, "Gorey Phase I Revenue".

Extension of sewer to Elizabeth Avenue area, St. Brelade .

THE STATES, adopting a Proposition of the Resources Recovery Board –

1. approved Drawing No. W.S.597 showing the work to be carried out in connexion with the scheme for the extension of the foul sewer to serve the Elizabeth Avenue and La Petite Ruette area, St. Brelade ;
2. authorised the Greffier of the States to sign the said Drawing on behalf of the States.

Payment of Wages (Amendment No. 2) (Jersey) Law, 1981.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Payment of Wages (Amendment No. 2) (Jersey) Law, 1981.

Committee of the Whole House – Report on Economic Policies. P.20/81.

THE STATES, on the proposition of the President of the Policy Advisory Committee, resolved into a Committee of the Whole House in order to discuss the Report on Economic Policies (P.20/81) presented by the Policy Advisory Committee on 3rd March, 1981.

The Committee adjourned at 5.20 p.m.

R.S. GRAY,

Deputy Greffier of the States.