States Minutes 23rd June 1981

THE STATES assembled on Tuesday, 23rd  June,  1981  at  10.15 a.m.  under the Presidency of the Deputy Bailiff , Peter Leslie Crill, Esquire, C.B.E.

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All members were present with the exception of –

Senator  John  Roland  Christopher  Riley –  out  of  the Island.

Peter Gorton Baker, Connétable of St. Helier – out of the Island.

Alfred Durell Le Brocq, Deputy of St. John – out of the Island.

Clarence George Farley, Deputy of St. Helier – excused.

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Prayers. _____

Death of Mrs. C.G. Farley.

The President informed the States of the death of the wife of Deputy Clarence George Farley and expressed condolences with Deputy Farley in the name of the Assembly.

Subordinate legislation tabled.

The  following  enactments  were  laid  before  the  States, namely –

1. Road  Vehicles  (Registration  Books)  (Amendment) (Jersey) Order, 1981. R & O–6944.
2. Road Vehicles (Registration and Licensing) (Amendment No. 3) (Jersey) Order, 1981. R & O–6945.
3. Health  Insurance  (Pharmaceutical  Benefit)  (General Provisions) (Amendment No. 10) (Jersey) Order, 1981. R & O–6946.

159  [ Price : 35p.]

4. Road Traffic (Saint Lawrence) (Amendment No. 6) (Jersey) Order, 1981. R & O–6947.
5. Road Traffic (Saint Saviour) (Amendment No. 7) (Jersey) Order, 1981. R & O–6948.
6. Gorey Regatta Fête (Jersey) Order, 1981. R & O–6949.
7. Road Traffic (Public Parking Places) (Amendment No. 5) (Jersey) Order, 1981. R & O–6950.

Telecommunications Board Report 1980.

The Telecommunications Board by Act dated 29th May, 1981, presented to the States its Report for 1980.

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

Matter noted – land transactions.

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

1. as recommended by the Public Works Committee, the purchase from the Caesarean Cycling Club of an area of land measuring 185 square feet at Longueville, St. Saviour , shown on Drawing No. MS.48, for the sum of £240.00, required for road widening purposes and the provision of a footpath, subject to that Committee undertaking –

1. the creation of a pavement with dropped kerb to facilitate access to the clubhouse and the necessary construction works in connexion with the widening of the road; and
2. to pay the costs of the accommodation works and the legal fees connected therewith;

2. as  recommended  by the Public Health Committee, the leasing from Mr. Michael Blair Sarre of Flat 2, Clifton, Rue de Bas, St. Lawrence , for a period of three years with effect from 20th April, 1981, at an annual rent of £1,456, payable quarterly in advance, plus legal fees, to be used as staff accommodation and the rent to be fully recoverable from the staff concerned;

3. as recommended by the Public Health Committee, the leasing from Tabor Farms Limited of Flat 22, Queen's Road Court, Queen's Road, St. Helier , for a period of one year with effect from 25th June, 1981, at an annual rent of £1,248, payable quarterly in advance, plus the payment of £5.25 towards the cost of the printing of the lease, to be used as staff accommodation and the rent to be fully recoverable from the staff concerned;
4. as recommended by the Harbours and Airport Committee, the renewal of the lease to Mrs. Madeleine Louisa Marett, née de Gruchy, of Seymour Tower, at an annual rent of £150, for a period of five years with effect from 24th June, 1981;
5. as recommended by the Harbours and Airport Committee, the granting to The Jersey Electricity Company Limited of a wayleave on the northern part of Field 332, St. Martin , which land had recently been acquired from Mr. J.R. Renouf for the siting of the DVOR/DME Aeronautical Navigation Aid, to make possible the re- routing of certain overhead cables underground, in connexion with the installation of the navigational aid.

Matters noted – financial transaction.

THE STATES noted an Act of the Finance and Economics Committee dated 17th June, 1981 showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967 as amended, the Committee had noted that the Education Committee had accepted a revised tender, namely that submitted by B.R. Druce Limited in the sum of £82,594.50 in a contract period of 22 weeks for the provision of changing accommodation and a groundsman's store at Les Quennevais Sports Hall .

Matters lodged.

The following subjects were lodged "au Greffe" –

Temporary compensation to Glasshouse Growers. P.74/81.

Presented by the Agriculture and Fisheries Committee. The States agreed to take this subject into consideration on 28th July, 1981.

Draft Health Insurance (Medical Benefit) (Amendment No. 18) (Jersey) Regulations, 198 . P.75/81.

Presented by the Social Security Committee. The States decided to take this subject into consideration on 28th July, 1981.

Amendment to the Proposition regarding Jersey New Waterworks Company Limited: Acquisition of Controlling Interest. (P.72/81). P.76/81.

Presented by the Finance and Economics Committee.

Maincrop potato harvest. Questions and Answers.

Deputy Hendricus Adolphus Vandervliet of St. Lawrence asked Senator Bernard Thomas Binnington, President of the Agriculture and Fisheries Committee the following questions –

"1. In view of the serious position concerning potato blight

will the President consider making a statement in this House on the outlook for the maincrop potato harvest?

2.  If the crop is in danger of failure will he consider lifting the area restrictions on growing which exist so that all possible may be done to safeguard the Island's supplies for next winter?"

The President of the Agriculture and Fisheries Committee replied as follows –

"The latest reports from the Maincrop Potato Marketing Board and my Department's Produce Inspectorate indicate that this season's maincrop potatoes have not so far been seriously affected by potato blight.

Although there are small pockets of the disease present in some fields, the condition of the maincrop generally is at the moment considered to be satisfactory. The crop is, however, still at risk from the disease despite the recent improved weather conditions and my Department has, therefore, written to all registered growers of maincrop potatoes urging them to continue to apply routine treatments of anti-blight spray and offering advice on disease control measures.

The area restrictions on the growing of maincrop potatoes are applied by the Maincrop Potato Marketing Board, not my Committee. I understand that the Board is satisfied that, subject to a satisfactory spraying regime being carried out by the growers concerned, this year's maincrop harvest should not be prejudiced. The Board is not minded, therefore, to lift the acreage restrictions at the present time."

Rue Fondon trading estate. Questions and Answers.

Deputy Terence John Le Main of St. Helier asked Senator Pierre François Horsfall, President of the Island Development Committee, the following questions –

"1. Can the President inform the House if in fact it is correct

that the leases for Rue Fondon trading estate at St. Peter have still not been signed and, if not, how long have the tenant/owners been awaiting the completion of their leases?

2. Can the President also inform the House why there has been this delay and how much longer isit expected to last. Can he tell the House what the cost would have been had the Committee put these leases out to private practice for an early completion?
3. Does the President not think itis very unfair, particularly in these recessionary times, that because no leases exist, tenant/owners who have built commercial properties could through no fault of their own get into financial difficulties or be unable to expand because no bank would lend money?
4. Will the President assure the House that he will do his utmost to ensure that this unsatisfactory state of affairs does not happen at Rue des Prés and, most importantly, will not happen at La Collette when sites are allocated, and will he please try to get the outstanding leases duly signed and completed?"

The President of the Island Development Committee replied as follows –

"1. It is correct that leases relating to the 4 sites at Rue

Fondon, St. Peter have not been registered at the Royal Court. The States agreed to lease 2 of these sites in 1977, and the other 2 in 1978. all the developers' lawyers received draft leases from the Autorisé in (September) 1980, and the present position is that of negotiations between those lawyers and the Autorisé regarding certain details.

2. To the extent that none of the many former leases negotiated on behalf of the Committee have been similarly delayed, the reason is the change in policy agreed with the Finance and Economics Committee from freehold sales to letting industrial or warehousing land on 99-year leasehold contracts. Such 99-year leases have few, if any, precedents in local legal practice and they have taken considerable time to draft and negotiate.

It is not known how much it would have cost for the work involved to have been undertaken in private practice.

3. All the parties at Rue Fondon were aware from the outset that leases were not available and still made their own choice to go ahead with the construction of their buildings on land to be retained by the Public. There have been no complaints regarding the time to complete the leases other than one from a lawyer in 1979. By far the greater part of the respective investments is in the buildings and goods, and the parties are aware of the comparatively small starting rate of £789 per vergée which is the ground rent due to the States per annum. It is accepted that greater difficulties arise with leasehold property if money has to be borrowed. However, the present developers have obviously been able to overcome those difficulties and the problem may be eased presently if certain legislation proceeds.
4. The answer to the first and last part of this question relating to the Rue Fondon sites is yes' subject, of course, to the speed with which the lawyers complete their own work about the draft leases.

As to the future sites at the extension being formed to Rue des Prés and at La Collette, the leases now virtually complete for Rue Fondon will be available as direct models, and no such further delays are anticipated."

Quennevais Park – landscaping.

THE STATES, adopting a Proposition of the Housing Committee, approved the transfer of £80,000 from the Capital Vote of Credit granted to the Housing Committee under the heading "Land Purchase" (C.1104) to a new Capital Vote under the heading "Quennevais Park – landscaping etc." for the purpose of improving the landscaping and car parking facilities at Quennevais Park, St. Brelade .

St. Saviour 's School – redevelopment.

THE STATES, adopting a Proposition of the Education Committee –

1. approved Drawings Nos. 2710/1, 2710/2, 2710/4A, 2710/5, 2710/6 and 2710/7, showing the proposed redevelopment of St. Saviour 's School;
2. authorised the Greffier of the States to sign the said Drawings on behalf of the States.

Grant aid and loan – St. Peter 's Youth and Community Centre.

THE STATES, adopting a Proposition of the Education Committee, authorised the grant of the sum of £50,000 and the grant of a loan in the sum of £100,000, at an annual rate of interest of 4 per cent, to be repaid over 15 years, to the Parish of St. Peter to assist towards the cost of building a Youth and Community Centre.

Building Loans (Miscellaneous Provisions) (Amendment No. 15) (Jersey) Regulations, 1981.

THE STATES, in pursuance of Article 15 of the Building Loans (Jersey) Law, 1950, as amended, made Regulations entitled the Building Loans (Miscellaneous Provisions) (Amendment No. 15) (Jersey) Regulations, 1981.

Electrical Interconnection with France.

THE STATES, having accepted an amendment of Senator John Philip de Carteret that after the word "France" there should be added the words "subject to the submission to the States by the Finance and Economics Committee of an appraisal of the economic, practical and financial aspects of the proposals in comparison to alternative sources of fuel for generating electricity", adopted a Proposition of the Finance and Economics Committee and approved in principle an electrical interconnection between The Jersey Electricity Company Limited and Électricité de France subject to the submission to the States by the Finance and Economics Committee of an appraisal of the economic, practical and financial aspects of the proposals in comparison to alternative sources of fuel for generating electricity.

Members present voted as follows –

"Pour" (37)

Senators

Vibert , Le Marquand, Shenton, Jeune , Averty, Binnington, de Carteret, Horsfall, Ellis.

Connétable s

St. Peter , St. Ouen , St. Clement , St. Martin , St. Mary , Grouville , St. Saviour , St. John , Trinity , St. Brelade , St. Lawrence .

Deputies

Mourant(H), Luce (B), St. Mary , St. Ouen , Morel (S), Grouville , Perkins(C), Troy (S), Dupré(H), Le Quesne(S), Trinity , Filleul(H), Vandervliet(L), Le Feuvre(L), St. Peter , Rothwell(H), O'Connor(C).

"Contre" (7)

Senator

Sandeman. Deputies

Marett(B), Quenault(B), Baal(H), Le Gallais(S), Le Brocq(H), St. Martin .

Deputy Jack Roche declared an interest in the matter and withdrew from the Chamber.

THE STATES rose at 4.25 p.m.

R.S. GRAY,

Deputy Greffier of the States.