States Minutes 20th January 1981

THE STATES assembled on Tuesday, 20th January, 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 John Clark Averty – out of the Island. Senator John Philip de Carteret – absent.

David John de la Haye, Deputy of St. Ouen – out of the Island.

Michael Walter Bonn, Deputy of St. Peter – out of the Island.

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Prayers. _____

Connétable of Trinity and St. Brelade – welcome.

The Bailiff , on behalf of Members of the States, welcomed to the House the newly appointed Connétable of Trinity , Mr. Charles Binet Ahier , and the newly appointed Connétable of St. Brelade , Mr. Leonard Geoffrey Downer.

Subordinate legislation tabled.

The  following  enactments  were  laid  before  the  States, namely –

Food and Drugs (Ice-cream Stalls etc.) (Amendment No. 3) (Jersey) Order, 1980. R & O–6881.

Post  Office  (Postal  Orders)  (Amendment  No. 3)  (Jersey) Order, 1980. R & O–6882.

Road  Traffic  (Saint  Helier)  (Amendment  No. 20)  (Jersey) Order, 1980. R & O–6883.

1  [ Price : 50p.]

Road Traffic (Public Parking Places) (Amendment) (Jersey) Order, 1980. R & O–6884.

Road Traffic (Public Parking Places) (Amendment No. 2) (Jersey) Order, 1981. R & O–6887.

Customs Duties (Valuation of Goods) (Jersey) Order, 1981. R & O–6888.

Post Office (Foreign Post Provisions) (Amendment) (Jersey) Order, 1981. R & O–6889.

Post Office (Foreign Parcel Post Provisions) (Amendment) (Jersey) Order, 1981. R & O–6890.

Post Office (General Provisions) (Amendment No. 12) (Jersey) Order, 1981. R & O–6891.

Fort Regent Development Committee – resignation of Senator Mrs. J.P. Sandeman.

THE STATES noted that Senator Mrs. Jane Patricia Sandeman had resigned from the Fort Regent Development Committee.

Prison Board – appointment of Connétable of St. Brelade .

THE STATES appointed Mr. Leonard Geoffrey Downer, Connétable of St. Brelade , as a member of the Prison Board in the place of the former Connétable of St. Brelade , Mr. Maxwell John de la Haye.

Medical Officer of Health – Report for 1979.

The Public Health Committee by Act dated 15th December, 1980, presented to the States the Report of the Medical Officer of Health for the year 1979.

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

Contingencies vote of credit – Finance and Economics Committee.

THE STATES noted an Act of the Finance and Economics Committee dated 17th December, 1980, informing the House that it had authorised the payment of £100,000 from the Contingencies vote of credit for 1981 in the event of the continuation of the Emergency Employment Scheme for the unemployed.

Housing Development Programme – Report. R.C.1/81.

The Housing Committee by Act dated 9th January, 1981, presented to the States a Report on the Housing Development Programme.

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

Matters noted – land transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 17th December, 1980 and 14th January, 1981, showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Housing Committee, with the support of the Island Development Committee, the purchase from the Crown of the site of No. 2, Clairvale Road, St. Helier , together with outbuildings and garden, required for use as States Loan Dwellings, for a consideration of £32,000 for the realty on the basis of each party paying its own legal fees;
2. as recommended by the Housing Committee, with the support of the Island Development Committee, the purchase from Falford Warehouse and Packing Company Limited of an area of land measuring approximately

0.4 vergées, at Bashford's Nurseries, Longueville, St. Saviour , required for residential development, for a consideration of £3,800, subject to the Company paying the sum of £9,800 towards the cost of construction of a nine feet high boundary wall to be constructed by the Committee and subject to the Company providing an emergency access to the Housing Estate and to paying its own legal fees;

3. as recommended by the Harbours and Airport Committee, in connexion with the Runway 27 Cloud Base Recorder –

1. the lease from Mr. George Roger de Carteret and Mrs. Mary de Carteret, née Franklin, of an area of land measuring 14 square feet situated at Vale Farm, St. Peter , and required as the site of a Cloud Base Recorder, for a period of 9 years with effect from 24th June, 1980, at a rent of £5 a year payable in advance on the signing of the lease, and a once and for all payment of £855, also payable in advance, in compensation for the inconvenience likely to be suffered over the period of the lease in respect of access and also during the removal of the old equipment and the installation of the new;
2. the renewal of the lease from Carlingford Limited in respect of the existing receiver site positioned on land at Manleys, St. Peter , for a period of two years, with effect from 24th June, 1980, at a rent of £5 a year, payable in advance on the signing of the lease; and
3. the granting of a way-leave by Mr. Charles Leslie Till for connection cable and cable ducts crossing his land at Field 671, St. Peter , for a period of two years with effect from 24th June, 1980, at a rent of £2 a year, payable in advance on the signing of the lease;

4. as recommended by the Harbours and Airport Committee, the lease to the Jersey Sub-Aqua Club of a Club Room at La Folie, St. Helier , for a period of three years, with effect from 31st December, 1980, at an annual rent of £400;
5. as recommended by the Harbours and Airport Committee, the lease to Ronez Limited of 6,610 square feet of land at La Collette, St. Helier , being the site of the cement silos, for a period of nine years, with effect from 1st October, 1980, at an annual rent of £2,400, with rent reviews after the third and sixth years;

6. as recommended by the Housing Committee –

1. the cession to Mrs. Violet Florence May Watts, née Bertram, of all such rights as it might have in the party wall on the south of her property No. 20 Dorset Street, St. Helier ;
2. the granting to Mrs. Watts of a vehicular right of way, 8 feet in width, from Windsor Road through Caesarea Court to 20 Dorset Street, St. Helier ; and
3. the granting to Mrs. Watts of the right to make an opening not exceeding 14 feet in width in the wall on the southern boundary of No. 20, Dorset Street, St. Helier ,

for the sum of £500;

7. as recommended by the Housing Committee, with the support of the Island Development Committee, the purchase from Mrs. Roselle Pouilleul, née Manoury, of 78 St. Saviour 's Road, St. Helier , required for conversion and use as States' Rental accommodation, for a consideration of £35,000 for the realty, subject to the existing lease, on the basis of each party paying its own legal fees, and on the understanding that Mrs. Pouilleul would vacate the accommodation she currently occupied at 22 Dorset Street, St. Helier , within six months of the passing of the contract, and, in addition, the payment of £5,000 to the leaseholders of the property, Mr. Edward Robert Angell and Mrs. Colleen Margaret Angell, née Gallivan, in full and final cancellation of the ten years unexpired portion of the 21 year lease secured on the property.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Investment Policy of the Social Security Committee. P.7/81.

Presented by Deputy Terence John Le Main of St. Helier and referred to the Finance and Economics Committee and the Social Security Committee.

2. Draft Judicial Fees (Amendment No. 2) (Jersey) Regulations, 198 . P.8/81.

Presented by the Finance and Economics Committee. The States decided to take this subject into consideration on 3rd February, 1981.

The following subjects were lodged "au Greffe" on – 16th December, 1980.

Projet de Loi (198 ) (Amendement No. 3) réglant la Procédure Criminelle. P.157/80.

Presented by the Legislation Committee.

Field 716, Mont Arthur, St. Brelade . P.158/80. Presented by the Island Development Committee.

23rd December, 1980.

Report on proposed reform of the Law on Wills and Successions. P.159/80.

Presented by the Legislation Committee.

Draft Old Person's Homes (Registration Fees) (Jersey) Regulations, 198 . P.160/80.

Presented by the Public Health Committee.

Draft  Ancillary  Dental  Workers  (Amendment) (Jersey) Regulations, 198 . P.161/80.

Presented by the Public Health Committee.

Draft Nursing Homes (Registration Fees) (Jersey) Regulations, 198 . P.162/80.

Presented by the Public Health Committee.

Draft Establishments for Massage or Special Treatment (Licensing Fees) (Jersey) Regulations, 198 . P.163/80. Presented by the Public Health Committee.

6th January, 1981

Draft Amendment to the Tariff of Harbour and Light Dues. P.1/81.

Presented by the Harbours and Airport Committee.

Fields 231 and 234, Maufant: rezoning for development. P.2/81.

Presented by the Island Development Committee.

Establishment of a BBC Community Radio Station in Jersey. P.3/81.

Presented by the Broadcasting Committee.

Revenue expenditure and index linked pensions. P.4/81. Presented by Deputy J.S. Rothwell of St. Helier .

13th January, 1981

Construction of retaining wall beneath Cheval Roc Hotel, Bonne Nuit: Report relative thereto. P.5/81.

Presented by the Finance and Economics Committee.

Investigation into commercial community radio station. P.6/81.

Presented by Deputy D.G. Filleul of St. Helier .

Arrangement of Public Business for Spring Session.

THE STATES decided to take the undermentioned subjects into consideration on –

20th January, 1981.

Draft Income Tax (Amendment No. 15) (Jersey) Law, 198 . P.148/90.

Lodged: 2nd December, 1980.

Finance and Economics Committee.

Finance (Jersey) Law, 198 . P.151/80.

Lodged: 2nd December, 1980 in Second Reading. Finance and Economics Committee.

Motor Vehicle Duty (Amendment No. 4) (Jersey) Regulations, 198 . P.152/80.

Lodged: 2nd December, 1980 in Second Reading. Finance and Economics Committee.

Draft Old Person's Homes (Registration Fees) (Jersey) Regulations 198 . P.160/80.

Lodged: 23rd December, 1980.

Public Health Committee.

Draft  Ancillary  Dental  Workers  (Amendment) (Jersey) Regulations, 198 . P.161/80.

Lodged: 23rd December, 1980.

Public Health Committee.

Draft Nursing Homes (Registration Fees) (Jersey) Regulations, 198 . P.162/80.

Lodged: 23rd December, 1980.

Public Health Committee.

Draft Establishments for Massage or Special Treatment (Licensing Fees) (Jersey) Regulations, 198 . P.163/80. Lodged: 23rd December, 1980.

Public Health Committee.

Draft Amendment to the Tariff of Harbour and Light Dues. P.1/81.

Lodged: 6th January, 1981.

Harbours and Airport Committee.

Fields 231 and 234, Maufant: rezoning for development. P.2/81.

Lodged: 6th January, 1981.

Island Development Committee.

27th January, 1981.

Draft Criminal Justice (Amendment) (Jersey) Law, 198 . P.134/80.

Lodged: 28th October, 1980.

Legislation Committee.

Establishment of a BBC Community Radio Station in Jersey. P.3/81.

Lodged: 6th January, 1981.

Broadcasting Committee.

Investigation into commercial community radio station. P.6/81.

Lodged: 13th January, 1981.

Deputy D.G. Filleul of St. Helier .

3rd February, 1981.

Draft Road Traffic (No. 20) (Jersey) Regulations, 198 . P.149/80.

Lodged: 2nd December, 1980.

Defence Committee.

The Lord Portsea Gift Fund (Jersey) Act, 1971 (Amendment) Act, 198 . P.153/80.

Lodged: 9th December, 1980.

Education Committee.

Draft Depositors and Investors (Prevention of Fraud) (Amendment No. 5) (Jersey) Law, 198 . P.154/80. Lodged: 9th December, 1980.

Finance and Economics Committee.

Draft Housing (General Provisions) (Amendment No. 6) (Jersey) Regulations, 198 . P.156/80.

Lodged: 9th December, 1980.

Housing Committee.

Projet de Loi (198 ) (Amendement No. 3) réglant la Procédure Criminelle. P.157/80.

Lodged: 16th December, 1980.

Legislation Committee.

Field 716, Mont Arthur, St. Brelade . P.158/80. Lodged: 16th December, 1980.

Island Development Committee.

10th February, 1981.

Revenue expenditure and index linked pensions P.4/81. Lodged: 6th January, 1981.

Deputy J.S. Rothwell of St. Helier .

17th February, 1981.

Petrol prices: Report of the Committee of Inquiry. P.145/80.

Lodged: 25th November, 1980.

Committee of Inquiry into petrol prices.

24th February, 1981.

Balmain Nursery Site, St. Helier : transfer of administration. P.113/80.

Lodged: 12th August, 1980.

Education Committee.

Unemployment benefit. P.139/80.

Lodged: 28th October, 1980.

Deputy N.S. Le Brocq of St. Helier (P.155/80 – Report of the Policy Advisory Committee refers).

No dates fixed for the following –

Proposition to control prices of consumer goods and essential services. P.131/78.

Lodged: 24th October, 1978, debated and referred back on 2nd October, 1979.

Deputy N.S. Le Brocq of St. Helier .

Report on the Proposition to control prices of consumer goods and essential services in the Island. P.93/79. Lodged: 5th June, 1979.

Finance and Economics Committee.

Proposition to amend the Housing (Jersey) Law, 1949. P.81/79.

Lodged: 29th May, 1979.

Senator R.J. Shenton.

Proposition in connexion with the Petition of Mr. W.F. Philo regarding the financing of the construction of a retaining wall beneath the Cheval Roc Hotel, Bonne Nuit, St. John . P.183/79.

Lodged: 11th December, 1979, and referred to Finance and Economics Committee.

Deputy A.D. Le Brocq of St. John .

Report of the Finance and Economics Committee thereon. P.35/80.

Lodged: 11th March, 1980 and referred back to Committee on 29th July, 1980.

Construction of retaining wall beneath Cheval Roc Hotel, Bonne Nuit: Report relative thereto. P.5/81.

Lodged: 13th January, 1981.

Finance and Economics Committee.

Field 424 and adjoining land at Corbière, P.64/80. Lodged: 27th May, 1980.

Island Development Committee.

Septic tank emptying service. P.70/80. Lodged: 27th May, 1980.

Resources Recovery Board.

Statutory minimum annual holiday. P.77/80. Lodged: 3rd June, 1980.

Deputy N.S. Le Brocq of St. Helier .

Employment Protection. P.78/80. Lodged: 3rd June, 1980.

Senator R.J. Shenton.

Amendment to Proposition regarding employment protection. P.79/80.

Lodged: 3rd June, 1980.

Social Security Committee.

Amendment to Proposition regarding employment protection. P.80/80.

Lodged: 3rd June, 1980.

Deputy N.S. Le Brocq of St. Helier .

(P.137/80 – Report of the Industrial Relations Committee refers).

Glasshouse growers: financial assistance. P.115/80. Lodged: 19th August, 1980 and referred to the Agriculture and Fisheries Committee.

Senator R.J. Shenton.

(P.142/80 – Report of Agriculture and Fisheries Committee refers).

Car parking for season ticket holders: discontinuation of policy. P.144/80.

Lodged: 18th November, 1980.

Senator R.J. Shenton.

Amendment to Proposition on car parking for season ticket holders: discontinuation of policy. P.150/80. Lodged: 2nd December, 1980.

Deputy C.G. Farley of St. Helier .

Awaiting Reports.

Proposition in connexion with the Petition of Mr. B.R. Cooper regarding compensation for treatment at the Prison. P.178/79.

Lodged:  27th  November,  1979,  and  referred  to  Prison Board.

Deputy J.S. Rothwell of St. Helier .

Draft Amendment (No. 10) to the Standing Orders of the States of Jersey. P.84/80.

Lodged: 10th June, 1980 and referred to Legislation Committee.

Deputy N.S. Le Brocq of St. Helier .

Subjects lodged "au Greffe" withdrawn.

THE STATES noted that the Proposers had withdrawn the following subjects lodged "au Greffe" –

Report and Proposition to acquire the Modern Hotels (Entertainments) Limited's concession to operate the Go- Skate Rink at Fort Regent. P.137/78.

Lodged: 7th November, 1978.

Fort Regent Development Committee.

Field 716, St. Brelade . P.99/80.

Lodged 8th July, 1980 and referred back on 29th July, 1980.

Island Development Committee.

(Substituted by P.158/80).

Housing (Jersey) Law, 1949: proposed amendment of Article 6. P.102/80.

Lodged: 15th July, 1980 and referred to Housing Committee.

Deputy T.J. Le Main of St. Helier .

Report on the proposed reform of the Law on Wills and Successions. P.159/80.

The President of the Legislation Committee asked Members to attend a discussion of the Report on the proposed reform of the Law on Wills and Successions (P.159/80 – lodged on 23rd December, 1980) after the States' Meeting on 17th February, 1981.

Resignation of Presidency of Committee for Postal Administration. Personal Statement.

Senator Richard Joseph Shenton made a personal statement in the following terms –

"It is now four years since I was appointed President of the Postal Committee. During those most enjoyable years in office I have been sustained and encouraged by the excellent support of my Vice-President, Committee and the Officers of the Department.

It is my personal view that prolonged presidencies are not in the best interests of the House and that other Members of the Committee should have the chance to show their ability. I am therefore today tendering my resignation, and I hope the House will take the opportunity to ensure continuity in this very important States trading Department."

Committee for Postal Administration – vacancy in Presidency.

THE STATES, having accepted the resignation of Senator Richard Joseph Shenton as President of the Committee for Postal Administration, the Bailiff , in accordance with Article 28(3) of the States of Jersey Law, 1966, gave notice that there was a vacancy in the office of President of that Committee.

Jersey Heritage Trust – appointment of Chairman and Vice- Chairman

THE STATES, adopting a Proposition of the Finance and Economics Committee –

1. referred to their Act of 25th November, 1980, and appointed Brigadier Raoul Charles Lemprière- Robin, O.B.E., as Chairman of the Jersey Heritage Trust; and
2. appointed Mr. Helier de Carteret Mourant as Vice- Chairman of the Trust.

Health Services Disciplinary Tribunal – appointment of Chairman and Members.

THE STATES, adopting a Proposition of the Social Security Committee, appointed the following as Chairman and Members of the Health Services Disciplinary Tribunal for the three years ending 31st December, 1983, namely –

Advocate Terence Cubitt-Sowden, Chairman

Advocate Geoffrey Ivor Edgar Gruchy, Deputy Chairman Mr. Gerald Francis Voisin

Miss Elizabeth Mary Farewell

Mr. Trevor Jones Williams

Mrs. Sheila Minnie Daphne Billot Mr. Percival Charles Hembest.

Income Tax (Amendment No. 15) (Jersey) Law, 1981.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Income Tax (Amendment No. 15) (Jersey) Law, 1981.

Finance (Jersey) Law, 1981.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Finance (Jersey) Law, 1981.

Motor Vehicle Duty (Amendment No. 4) (Jersey) Regulations, 1981.

THE STATES, in pursuance of Articles 2, 6 and 17A of the Motor Vehicle Duty (Jersey) Law, 1957, as amended, made Regulations entitled the Motor Vehicle Duty (Amendment No. 4) (Jersey) Regulations, 1981.

Old Person's Homes (Registration Fees) (Jersey) Regulations, 1981.

THE STATES, in pursuance of Article 2A of the Old Person's Homes (Registration) (Jersey) Law, 1964, as amended, made Regulations entitled the Old Person's Homes (Registration Fees) (Jersey) Regulations, 1981.

Ancillary Dental Workers (Amendment) (Jersey) Regulations, 1981.

THE STATES, in pursuance of Article 10 of the Dentists (Registration) (Jersey) Law, 1961, made Regulations entitled the Ancillary Dental Workers (Amendment) (Jersey) Regulations, 1981.

Nursing Homes (Registration Fees) (Jersey) Regulations, 1981.

THE STATES, in pursuance of Article 2A of the Nursing Homes (Registration) (Jersey) Law, 1950, as amended, made Regulations entitled the Nursing Homes (Registration Fees) (Jersey) Regulations, 1981.

Establishments for Massage or Special Treatment (Licensing Fees) (Jersey) Regulations, 1981.

THE STATES, in pursuance of Article 2 of the Establishments for Massage and Special Treatment (Licensing) (Jersey) Law, 1938, as amended, made Regulations entitled the Establishments for Massage or Special Treatment (Licensing Fees) (Jersey) Regulations, 1981.

Draft Amendment to the Tariff of Harbour and Light Dues

THE STATES, in pursuance of Article 6 of the Harbour and Light Dues (Jersey) Law, 1947, as amended, approved the draft Amendment to the Tariff of Harbour and Light Dues.

Field 231 and 234, Maufant – rezoning for development.

THE STATES, adopting a Proposition of the Island Development Committee, agreed to rezone Fields 231 and 234, Maufant, St. Saviour measuring 5.4 vergées and 5.8 vergées respectively for residential development by the Housing Committee and partly for community purposes as shown on map 2.80.101.

Members present voted for the rezoning of Field 231, Maufant, as follows –

"Pour" (32)

Senators

Vibert , Le Marquand, Shenton, Morvan, Riley, Sandeman, Horsfall.

Connétable s

St. Peter , St. Ouen , St. Lawrence , St. Martin , St. Helier , St. John .

Deputies

Ellis(H), Marett(B), St. Mary , Morel (S), Le Maistre(H), Grouville , Farley(H), Quenault(B), Perkins(C), Baal(H), Roche(S), Le Brocq(H), Le Quesne(S), Filleul(H), Vandervliet(L), Le Feuvre(L), Rothwell(H), Le Main(H), O'Connor(C).

"Contre" (15) Senators

Huelin, Jeune , Binnington.

Connétable s

St. Mary , Grouville , St. Saviour , Trinity , St. Brelade .

Deputies

Mourant(H), Luce (B), St. John , Troy (S), Le Gallais(S), Trinity , St. Martin .

THE STATES rose at 4.30 p.m.

E.J.M. POTTER,

Greffier of the States.