States Minutes 26th May 1981

THE STATES assembled on Tuesday, 26th  May,  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 –

Sir Robert Marett, Deputy of St. Brelade – out of the Island.

Percy Philip Luce , Deputy of St. Brelade – out of the Island.

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Prayers. _____

Senator-Elect J.W. Ellis – congratulations.

The   Deputy   Bailiff ,  on  behalf  of  Members  of  the  States, congratulated   Deputy  John  William  Ellis  of   St. Helier  on  his election as Senator.

Home Secretary's visit – photographs

The Deputy Bailiff informed the House that the local news media had requested permission to take still photographs at the Special  Sitting  to  welcome  The  Right  Honourable  William Whitelaw, M.P., Secretary of State for the Home Department on Thursday, 28th May, 1981.

THE STATES acceded to the request. States Sitting – film.

The President of the Tourism Committee requested permission on behalf of the makers of the new film about Jersey, to film the opening of the States Sitting on 9th June, 1981.

THE STATES acceded to the request.

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

1. Victoria Avenue Cycle Races (Jersey) Order, 1981. R & O–6931.
2. Health Insurance (Pharmaceutical Benefit) (Prescribed List) (Amendment No. 10) (Jersey) Order, 1981. R & O–6932.
3. Young Offenders' Centre (Jersey) Rules, 1981. R & O–6933.
4. Post Office (General Provisions) (Amendment No. 13) (Jersey) Order, 1981. R & O–6934.
5. Post Office (Foreign Post Provisions) (Amendment No. 3) (Jersey) Order, 1981. R & O–6935.
6. Post Office (Postal Orders) (Amendment No. 4) (Jersey) Order, 1981. R & O–6936.

Finance and Economics Committee – resignation and appointment.

THE STATES noted the resignation of Mr. William John Morvan, Connétable of St. Lawrence , from the Finance and Economics Committee and appointed Deputy Michael Walter Bonn of St. Peter in his place.

Establishment Committee – resignation.

THE STATES noted the resignation of Mr. William John Morvan, Connétable of St. Lawrence , from the Establishment Committee.

Defence Committee – resignation.

THE STATES noted the resignation of Deputy Michael Walter Bonn of St. Peter from the Defence Committee.

Social Security Committee – appointment

THE STATES appointed Mr. Leonard Geoffrey Downer, Connétable of St. Brelade , to the Social Security Committee in the place of the former Connétable of St. Lawrence , Mr. Jean Baptiste Emmanuel.

States of Jersey Police Force Report 1980.

The Defence Committee by Act dated 21st May, 1981 presented to the States a Report on the States of Jersey Police Force for 1980.

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

J.E.C. Ltd. – Directors' Report and Accounts 1980.

The Finance and Economics Committee by Act dated 6th May, 1981 presented to the States the Jersey Electricity Company Limited Directors' Report and Statement of Accounts for 1980.

Development of Fields 881/893, St. Brelade – Report of the Island Development Committee. P.62/81.

The Island Development Committee by Act dated 20th May, 1981 presented to the States a Report on the Proposition of Senator Richard Joseph Shenton regarding the development of Fields 881/893, St. Brelade . (P.47/81 – lodged on 12th May, 1981).

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 19th May, 1981 showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Harbours and Airport Committee, the granting to Aurigny Air Services Limited of the ground lease of 181 square yards of land at Jersey Airport, St. Peter , for a period of three years with effect from 15th April, 1981, at an annual rent of £905, representing a rate of £5 a square yard a year;
2. as recommended by the Fort Regent Development Committee, the assignment of the lease of an area in the East Ditch for the purposes of a mini-marina, as notified to the States on 17th July, 1979, from Landscape Entertainments (Guernsey) Limited to Parkin Holdings Limited;
3. as recommended by the Public Works Committee, the cession free of charge by Mr. Brian Le Boutillier of an area of land measuring 576 square feet shown on Drawing No. 437/1 and required for the improvement of visibility at the junction of Route de Sud/Route de Petit Port, St. Brelade , subject to the States taking down the existing granite wall and rebuilding a granite wall along the new line and being responsible for the necessary accommodation works and legal fees connected therewith;
4. as recommended by the Public Works Committee, the cession free of charge by Mr. Brian Keith Barette of 52 square metres of land at Longueville, St. Saviour , shown coloured red on Drawing no. MS48, required for road widening purposes and the provision of a footpath, subject to the Public Works Committee undertaking –

1. to demolish the existing high wall on the south side of the road, any granite not used in the construction of the new wall to be carted to a site at Faldouet owned by Mr. Barette;
2. to rebuild a new low level granite wall to match that recently built fronting onto Falle's Garage site;
3. the creation of a new pavement and the necessary construction works in connexion with the widening of the road; and
4. to pay the costs of the accommodation works and legal fees connected therewith;

5. as  recommended  by  the Public Works Committee, the leasing to the undermentioned businesses of an area of the car park at L'Etacq for 1981 –

L'Etacq Woodcrafts Ltd. – £300 a year

Potters Wheel (Mr. Edward Sandham) – £100 a year

L'Etacq Forge (Mr. Peter Edward Langlois) – £100 a year;

6. as recommended by the Public Works Committee, the leasing to Mr. Kenneth Anchrom Forster of an area of the Philip Weisberg Store, 46/48, Kensington Place, St. Helier , required for storage purposes, from 1st May to 31st December, 1981, at a rent based on an annual rate of £525 payable monthly in advance;
7. as recommended by the Public Works Committee, the purchase from Freelance Enterprises Limited of No. 5, Green Street, St. Helier , required for road improvement purposes, for the sum of £33,500 plus the payment of legal fees;
8. the lease from Mr. John Le Sueur Gallichan and Mrs. Doreen Ruth Gallichan, née Le Masurier, of Jardin du Puits, La Longue Rue, St. Martin for a further period of three years with effect from 24th June, 1981 at an annual rent of £3,380 with an option to extend the lease for a further period of two years, and a rent review if the option to extend the lease were exercised, for occupation by a Senior Financial Assistant, States' Treasury;
9. as recommended by the Education Committee, the leasing from Stonewall Orchards Limited of the undermentioned units of accommodation at Stonewall, Mont au Prêtre, St. Helier , for a period of two years with effect from 25th March, 1981 for occupation by staff, on the undermentioned terms –

Ground Floor Flat – at an annual rent of £2,236; First Floor Flat – at an annual rent of £2,236; Dower House – at an annual rent of £1,560.

Matters noted – financial transaction.

THE STATES noted an Act of the Finance and Economics Committee dated 6th May, 1981 showing that in pursuance of Rule 5 of the Public Finances (Jersey) Rules, 1967, as amended, the Committee had noted that the Housing Committee had accepted the lowest of six tenders, namely that submitted by Charles Le Quesne (1956) Limited in the sum of £132,303.00 in a contract period of 26 weeks for the conversion of 33/34, Belmont Road, St. Helier into 8 one-bedroomed flats.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Construction of new offices at the Howard Davis Farm, Trinity to accommodate the Agriculture and Fisheries Department. P.56/81.

Presented by the Agriculture and Fisheries Committee. The States decided to take this subject into consideration on 9th June, 1981.

2. Works Progress and Capital Estimates of the Resources Recovery Board for 1982. P.57/81.

Presented by the Resources Recovery Board. The States decided to take this subject into consideration on 9th June, 1981.

3. Development proposals of the Housing Committee for 1982. P.58/81.

Presented by the Housing Committee. The States decided to take this subject into consideration on 9th June, 1981.

4. Energy Report: Amendments. P.59/81.

Presented by the Finance and Economics Committee.

5. Electrical Interconnection with France. P.60/81. Presented by the Finance and Economics Committee. The States decided to take this subject into consideration on 16th June, 1981.
6. Provision of new Central Library. P.61/81.

Presented by the Education Committee.  The States decided to take this subject into consideration on 16th June, 1981.

7. Development proposals of the Housing Committee for 1982: Amendment. P.63/81.

Presented by Deputy Norman Stuart Le Brocq of St. Helier .

The following subjects were lodged "au Greffe" on 19th May,

1981 –

1. Draft Pilotage (General Provisions) (Amendment No. 7) (Jersey) Regulations, 198 . P.52/81.

Presented by the Harbours and Airport Committee.

The States decided to take this subject into consideration on 9th June, 1981.

2. Rezoning of land at Maufant. P.53/81.

Presented by Senator Richard Joseph Shenton. The States decided  to take this subject into consideration on 2nd June, 1981.

3. Additional accommodation for Police Headquarters. P.54/81.

Presented by the Defence Committee. The States decided to take this subject into consideration on 2nd June, 1981.

4. European Convention for the protection of human rights and fundamental freedoms. P.55/81.

Presented by the Legislation Committee.

Energy Report. P.45/81.

THE STATES acceded to the request of the President of the Resources Recovery Board that the Proposition relating to the Energy Report (P.45/81 – lodged on 5th May, 1981) be considered on 16th June, 1981.

Fields 881/893, St. Brelade . P.47/81.

THE STATES acceded to the request of Senator Richard Joseph Shenton that his Proposition regarding the development of Fields 881/893, St. Brelade (P.47/81 – lodged on 12th May, 1981) be considered on 2nd June, 1981.

Social Security Reserve Fund. Question and answers.

Deputy Terence John Le Main of St. Helier asked Deputy Francis Hedley Morel of St. Saviour , President of the Social Security Committee, the following question –

"Having received and studied the report of the Finance and Economics Committee, I would like to ask the following questions –

1. Whilst accepting that the recent improvement in the performance of the Social Security Reserve Fund has been gratifying, I am nevertheless concerned with previous years and would ask for a breakdown of figures showing the performance of the Fund from 1975 to date.
2. Would the Committee provide the House with details of commissions paid to the brokers over the period under review, 1975–1980?"

The  President  of  the  Social  Security Committee replied as follows –

"1. The Finance and Economics Committee subscribes to a

service, to measure investment performance, provided by a leading firm of U.K. Actuaries. The reports to the Committee covering the years 1975–1980 show the annual time-weighted rate of return combining revenue income and capital change, on the investments of the Social Security Reserve Fund, as measured by the Actuaries, was as follows –

1. individual years –

1975 1976 1977 1978 1979 1980 73.3% -0.1% 33.0% 3.2% 10.8% 32.7%

2. combined periods –

1975-80 1976-80 1977-80 1978-80 1979-80 p.a. p.a. p.a. p.a. p.a. 23.2% 15.1% 19.2% 14.9% 21.3%

2.  The amount of commission paid to brokers in 1980 was £42,000. To collate the information for previous years will require the examination of every contract note, both

for purchases and sales of investments, and in the Committee's view will take a totally disproportionate amount of time to prepare in relation to its value. The Committee does not, therefore, propose to undertake the work involved in such preparation unless convinced that there are very valid reasons for presenting such information to the House."

Car Park charges in St. Brelade . Question and answer.

Deputy Mrs. Enid Clare Quenault of St. Brelade asked Deputy Donald Charles Filleul of St. Helier , President of the Public Works Committee the following question –

"Would the President of the Public Works Committee inform the House if a decision has been made with regard to parking charges in another car park in St. Brelade , namely that at Red Houses, and if so, what has led the Committee to take this course of action?"

The President of the Public Works Committee replied as follows –

"It is the policy of the Public Works Committee that car parks serving commercial areas should generate income, and that those used for the benefit of amenity areas should be free of charge.

In accordance with this principle the surface car parks at Georgetown and Red Houses have for some years been the subject of rental agreements with business houses in close proximity. These agreements having recently expired the Committee succeeded in negotiating an acceptable increase in respect of the Georgetown rental, but regrettably has failed to secure any increase at all at Red Houses; in fact the firm concerned asked for a reduction of the present rental which only amounts to the equivalent of not less than 1p per hour per parking space.

Having regard for the desirability of equitable treatment of business houses wherever they are situated – and the general acceptance that shoppers' car parks in St. Helier are relatively costly to use, the Committee considers that it should either receive an appropriate and increased rental at Red Houses, or install meters there.

The current position is that subject to final discussions with the Parochial authorities meters will be installed at Red Houses.

It is of note that the Committee has received representations seeking the removal of charges at Ouaisné Bay, and is shortly to consider these together with other similar areas, where conditions are totally unlike those referred to above."

Queen's Valley: compulsory purchase. Statement.

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

"In its Projet P.24 lodged on 10th March, 1981, the Public Works Committee seeks, on behalf of the Jersey New Waterworks Company Limited, compulsory purchase powers in respect of the land required for the construction of a reservoir in Queen's Valley.

As a result of changes of membership of the Board of the Jersey New Waterworks Company the Committee, acting in what it thought to be a reasonable and considerate manner, deferred its original request for a date for debating this Projet until 26th May, by which time it believed that the new Board would have been able to acquaint itself with the subject and confirm its intention to proceed with the acquisition of the necessary land, in accordance with the request of the former Board dated 2nd March, 1981.

At a meeting with the Board on 21st May, the Committee received from the Chairman the following Statement –

. Since the States reached the decision that Queen's Valley should be built the reconstituted Board have been involved in considering in detail the arrangements that are necessary.

They have reached the unanimous decision that another water resource is essential in order to safeguard the Company's commitment to supply water.

An up to date study is being carried out as a matter of urgency which examines the resources available and the costs involved. Four members of the Board are engaged in the preparation of this report which will consider all aspects of the matter, including the cost to the consumer of the new resource. The Board will keep the Public Works Committee informed. '

It is understood that this re-appraisal by the Company will be completed by mid-June and the Committee considers it acceptable that this additional limited time should be allowed to the Board."

Children (Amendment No. 3) (Jersey) Law, 1978 (Commencement) Act, 1981.

THE STATES, in pursuance of Article 10 of the Children (Amendment No. 3) (Jersey) Law, 1978 made an Act entitled the Children (Amendment No. 3) (Jersey) Law, 1978 (Commencement) Act, 1981.

Queen's Valley: compulsory purchase.

THE STATES acceded to the request of the President of the Public Works Committee that the Proposition regarding compulsory purchase of land in Queen's Valley (P.24/81 – lodged 10th March, 1981) be deferred to a later date.

Sea-Fisheries (Miscellaneous Provisions) (Amendment No. 2) (Jersey) Regulations, 1981.

THE STATES, in pursuance of Articles 2 and 5 of the Sea- Fisheries (Jersey) Law, 1962, as amended, made Regulations entitled the Sea Fisheries (Miscellaneous Provisions) (Amendment No. 2) (Jersey) Regulations, 1981.

Sea Fisheries (Immature Sea-Fish) (Amendment No. 3) (Jersey) Regulations, 1981.

THE STATES, in pursuance of Articles 2 and 6 of the Sea- Fisheries (Jersey) Law, 1962, as amended, made Regulations entitled the Sea-Fisheries (Immature Sea-Fish) (Amendment No. 3) (Jersey) Regulations, 1981.

Les Quennevais Sports Hall : amalgamation of votes.

THE STATES, adopting a Proposition of the Education Committee, approved the amalgamation of three capital votes of credit, namely –

C.0503 – "Les Quennevais – two squash courts" in the sum of £40,000;

C.0510 – "Les Quennevais – groundsman's store and canteen" in the sum of £12,000; and

C.0598 – "Les Quennevais – changing accommodation" in the sum of £48,000;

to form one capital vote of credit – "Les Quennevais – changing accommodation, groundsman's store and canteen".

Les Quennevais Sports Hall : approval of plans for squash courts, changing accommodation and groundsman's store.

THE STATES, adopting a Proposition of the Education Committee –

1. approved Drawings Nos. 2619/17, 2619/18, 2619/19, 2619/20, 2619/7B and 2619/16D showing the proposed new squash courts, changing accommodation and groundsman's store in connexion with Les Quennevais Sports Hall ;
2. authorised the Greffier of the States to sign the said Drawings on behalf of the States.

THE STATES rose at 11.20 a.m.

E.J.M. POTTER,

Greffier of the States.