States Minutes 28th April 1981

THE STATES assembled on Tuesday, 28th April, 1981 at 10.15 a.m. under the Presidency of the Bailiff , Sir Frank Ereaut.

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General Sir Peter Whiteley, G.C.B., O.B.E., His Excellency the Lieutenant-Governor, was present.

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All members were present with the exception of –

Senator Reginald Robert Jeune – out of the Island.

Edgar John Becquet, Deputy of Trinity – out of the Island.

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Prayers. _____

The Lord Bishop of Salisbury.

The Bailiff welcomed The Right Reverend George Edmund Reindorp, the Lord Bishop of Salisbury, to the Island.

Senator  W.J.  Morvan –  congratulations  on  election  as Connétable .

The   Bailiff ,  on  behalf  of  all  the  Members,  congratulated Senator William John Morvan on having been elected Connétable of the Parish of St. Lawrence , which was the first occasion on which a Senator had been elected to the office of Connétable .

Visit of the Home Secretary – Special Sitting.

THE  STATES  were  informed  by  the   Bailiff  that  Her Majesty's  Secretary  of  State  for  Home  Affairs,  The  Right Honourable William Whitelaw, M.P., was to pay an official visit to

85  [ Price : 50p.]

the Island and that the States would be convened to meet at 11 a.m. on Thursday, 28th May, 1981, in order formally to welcome him.

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

1. Prison (Amendment No. 8) (Jersey) Rules, 1981. R & O–6925.
2. Depositors and Investors (Prevention of Fraud) (List of Registered Persons) (Amendment) (Jersey) Order, 1981. R &O–6926.
3. Public Finances (General) (Amendment No. 9) (Jersey) Rules, 1981. R & O–6927.

Annual Accounts of the States for 1980.

The Finance and Economics Committee by Act dated 8th April, 1981 and in pursuance of Article 21(3) of the Public Finances (Administration) (Jersey) Law, 1967, as amended, presented to the States the Annual Accounts of the States for the financial year ended 31st December, 1980.

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

Matters noted – land transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 8th and 22nd April, 1981, respectively 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 leasing to the National Trust for Jersey of Le Catel Fort, St. Mary , on the basis of a full repairing lease, for a period of 9 years with effect from 25th March, 1981, at a nominal rent of £1 a year payable in one sum;

2. as recommended by the Public Works Committee, the leasing to The Jersey Electricity Company Limited of an area of land at the Ordnance Yard, St. Helier , as outlined on Drawing No. 51/C24, for the siting of sub-station No. 388, with effect from 25th December, 1981, for a period of 21 years for the sum of £1 a year, payable in a single amount of £21;
3. as recommended by the Resources Recovery Board, the purchase from East Land Limited of an area of land being part of Field 659, St. Martin , measuring 136.5 square metres, shown on Drawing No. ES/570/A, for the sum of £1,000, required for a pumping station at Anne Port in connexion with the extension of the main sewer to Archirondel, the cost of accommodation works and legal fees to be paid by the Board and subject to the conditions that –

1. the Board paid £250 to Lovell and Partners in respect of negotiating fees;
2. the Board paid £75 to Messrs. Troy and Michel for preparation of draft contract;
3. no further buildings were to be constructed on the land in question other than a Jersey Electricity Company sub-station, if required;

4. as recommended by the Public Works Committee, the leasing to Mr. Terence Robert Forsdike of an area of the Philip Weisberg Store, 46/48, Kensington Place, St. Helier , for storage purposes, for the period from 1st April to 31st December, 1981, at a weekly rent of £50, payable four weeks in advance;
5. as recommended by the Public Works Committee, the leasing of the undermentioned areas of land required in connexion with the cliff path between Plemont and Grève de Lecq –

1. 285 yards from Mr. Dennis Clarence Renouf for a period of nine years at an annual rent of £5, payable in one sum in advance, namely £45;
2. 120 yards from Mrs. Amy Brocq de Gruchy, née Alexandre, for a period of nine years at an annual rent of £2, payable in one sum in advance, namely £18;

6. as recommended by the Housing Committee, the leasing from Mr. Alfred George Picot of 12, Quennevais Gardens, St. Brelade , required by the Establishment Committee for occupation by a newly appointed Air Traffic Control Officer, under the Temporary Housing Scheme for essential employees, for a period of one year with effect from 23rd April, 1981, at an annual rent of £2,600, with an option to renew for one further year if required.

Matter noted – financial business.

THE STATES noted an Act of the Finance and Economics Committee dated 22nd April, 1981 showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that the Housing Committee had accepted the lowest of five tenders, namely that submitted by Thatcher Ltd. in the sum of £246,000 in a contract period of 52 weeks for the development of 10 one-bedroomed flats and 6 bedsitters at St. Brelade 's Hospital, St. Brelade .

Matters lodged.

The following subject was lodged "au Greffe" –

Establishment of an Arts Centre. P.44/81.

Presented by the Education Committee.  The States decided to take this subject into consideration on 12th May, 1981.

The following subjects were lodged "au Greffe" on 14th April,

1981 –

1. Land Reclamation of 26 acres west of the Albert Pier. P.37/81.

Presented by the Land Reclamation Committee.

2. Land reclamation of 35 acres west of the Albert Pier. P.38/81.

Presented by the Island Development Committee.

THE STATES decided to take the abovementioned subjects into consideration on 5th May, 1981.

3. Draft Police Force (Amendment No. 2) (Jersey) Law, 198 . P.39/81.

Presented by the Defence Committee. The States decided to take this subject into consideration at the present sitting.

4. Mayfair Hotel Limited: transfer and sale of land. P.40/81. Presented by the Public Works Committee and the Housing Committee.
5. Report in connexion with the Petition of Mr. B.R. Cooper regarding compensation for treatment at the Prison. P.41/81.

Presented by the Prison Board.

The following subjects were lodged "au Greffe" on 21st April,

1981 –

1. Maufant Youth and Community Centre. P.42/81. Presented by the Education Committee.  The States decided to take this subject into consideration on 12th May, 1981.
2. Draft Public Holidays and Bank Holidays (Amendment No. 2) (Jersey) Act, 1981. P.43/81.

Presented by the Establishment Committee.  The States decided to take this subject into consideration on 5th May, 1981.

Arrangement of public business.

THE STATES acceded to the request of Deputy John Stephen Rothwell of St. Helier that the Proposition in connexion with the Petition of Mr. B.R. Cooper regarding compensation for treatment at the Prison (P.178/79 – lodged "au Greffe" on 27th November, 1979) be considered on 5th May, 1981.

Production of beef from dairy cattle. Questions and answers.

The Connétable of St. John asked Senator Bernard Thomas Binnington, President of the Agriculture and Fisheries Committee, the following questions –

"Will the Agriculture and Fisheries Committee –

1. set up an independent enquiry to examine the possibility of producing beef from the herd of dairy cattle in the Island?
2. report to the States on the results of that examination and the Committee's recommendations in the matter?"

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

"I can inform the House that the Breed Society and the Jersey Farmers' Union have agreed to set up a working party to investigate the possibility of producing beef from dairy cattle on the Island. My Committee supports that proposal and has agreed to provide any economic and technical advice in the matter which might be needed by the working party. In view of this development we consider it prudent to await the outcome of that investigation before deciding on any alternative course of action."

Amalgamation of Capital Votes of Credit.

THE STATES, adopting a Proposition of the Public Works Committee, authorised the Committee to amalgamate the balances remaining in the undermentioned capital votes of credit –

1. C.0346 – Additional Office Accommodation at South Hill – £296,500;
2. C.0350 – Additional Office Accommodation at South Hill – Preliminary Expenses – £7,500;

under the single heading C.0346 – Additional Office Accommodation at South Hill.

Jardin à Pommiers, St. Saviour – sale of land.

THE STATES, adopting a Proposition of the Housing Committee –

1. approved the sale to Mr. Graeme Edward Bacon and Mrs. Theresa Mary Bacon, née Tumelty, of an area of land measuring 300 sq.ft. situated adjacent to 50, Jardin à Pommiers, St. Saviour , and shown coloured red on Map No. App 2/81 for the sum of £200, inclusive of legal fees, subject to Mr. and Mrs. Bacon's erecting a wall along the line of the new boundary and subject to right of access for the maintenance of drains below the land to be sold;

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 and credit it to the Capital Fund.

D'Hautrée School Alterations.

THE STATES, adopting a Proposition of the Education Committee –

1. approved Drawings Nos. 2246/109, 2246/110, 2246/111 and 2246/112, showing the proposed alteration at d'Hautrée School;
2. authorised the Greffier of the States to sign the said Drawings on behalf of the States.

Plat Douet Road – construction of sewage pumping station, approval of plans.

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

1. approved Drawing No. E.S.589 showing the work to be carried out in connexion with the construction of a sewage pumping station on land administered by the Education Committee on the north west boundary of the F.B. Fields, adjacent to Plat Douet Road, St. Clement ;
2. authorised the Greffier of the States to sign the said Drawing on behalf of the States.

Aerodromes (Administration) (Amendment No. 2) (Jersey) Law, 1981.

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

Harbours (Administration) (Amendment No. 2) (Jersey) Law, 1981.

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

Minimum income for elected members of the States.

THE STATES resolved as follows –

WHEREAS it is desirable to ensure that no person should be prevented by reason of financial hardship from becoming a Member of the States and accordingly that provision should be made for the receipt by elected Members of the States of a minimum income;

THE STATES have resolved as follows –

1. Subject to the provisions of this Act, each Senator or

Deputy of the States (hereinafter referred to as a "Member") who has not attained sixty-five years of age shall be entitled to apply for and receive from the Treasurer of the States a sum not exceeding three thousand seven hundred and fifty pounds in respect of any full calendar year, the said sum to be paid by quarterly instalments in advance:

Provided that a Member who has been elected to the States in the course of a calendar year shall be entitled to apply for and receive under this paragraph a proportionate sum in respect of the remaining part of that calendar year.

2. Not later than the thirty-first day of March of the

year following that in which the payment was made, the Members shall be required to repay the sum received to the extent to which –

1. in the case of a single Member, his total income (excluding payments received under paragraph 1 of this Act) exceeds three thousand seven hundred and fifty pounds, or;
2. in the case of a married Member living with his or her spouse, the joint total income (excluding payments received under paragraph 1 of this Act) exceeds five thousand six hundred and twenty-five pounds.

3. For the purpose of assessing income under

paragraph 2 of this Act –

1. profits from any trade or profession shall be calculated on the basis of the period in respect of which payment was made;
2. in all other respects the usual rules for assessment of income for income tax purposes shall apply.

4. Where payment has been made under this Act in

respect of part of a year, when calculating repayments, only the Member's income for the period in respect of which payment was made shall be taken into account and accordingly sub-paragraphs (a) and (b) of paragraph 2 shall have effect as if for the sums therein specified there were substituted a reference to a proportionate sum corresponding to the period in respect of which payment was made.

5. A Member who has received payment under

paragraph 1 of this Act shall be required to furnish to the Comptroller of Income Tax not later than the twenty-eighth day of February in the year following that in which the payment was made, a true and correct statement of his income and the Comptroller shall determine the amount, if any repayable by the Member.

6. Interest shall be charged on any amount repaid under

this Act at Bank of England's Minimum Lending Rate or at the rate of ten per centum per annum, whichever is lower at the time of repayment.

7. Where a Member who has not received payment

under paragraph 1 of this Act shows to the satisfaction of the Comptroller of Income Tax that his total income for the preceding year (being a year in respect of which he was a Member) or, where the Member has been elected to the States in the course of a calendar year, his total income for the period in respect of which he was a Member during that year, was less than the minimum income provided in accordance with the foregoing provisions of this Act, he shall be entitled to apply for and receive from the Treasurer of the States, such sum as may be determined by the Comptroller, being the sum which he would have been entitled to receive under paragraph 1 of this Act, less any sum which he would have been required to repay under paragraph 2 of this Act.

8. Any payment made under paragraph 7, and any

payment which is not required to be repaid under this Act shall be liable to income tax.

9. The Act, dated 24th October, 1978, with regard to

the provision of a minimum income for elected Members of the States and the Act, dated 29th April, 1980, amending the Act of the States, dated 24th October, 1978, with regard to the provision of a minimum income for elected Members of the States, are hereby rescinded.

10. This Act shall be deemed to have come into force on

the first day of January, 1981.

Rue Fondon (formerly fields 800/801), St. Peter : gift of land.

THE STATES, adopting a Proposition of the Island Development Committee –

1. approved the transfer from the public of the Island to the Parish of St. Peter by way of gift of land forming the estate road and footpath at Rue Fondon (formerly Fields 800/801), St. Peter , as shown on Drawing No. 212/1.B;
2. authorised the Attorney General and the Greffier of the States to pass the necessary contract in the matter.

Don Farm, Quennevais Road: re-zoning of land.

THE STATES, adopting a Proposition of the Island Development Committee –

1. re-zoned approximately 2.7 vergées of land, being part of the former Don Farm, Quennevais Road, St. Brelade as shown on Map No. 12.104.01 from –

1. community to residential use as to the area shown cross-hatched;
2. educational to recreational and community purposes as to the area shown dotted;

2. transferred the land mentioned in paragraph 1.1 above from the administration of the Island Development Committee to that of the Housing Committee.

Milk Marketing Scheme (Amendment No. 6) (Jersey) Act, 1981.

THE STATES, in pursuance of paragraph (b) of Article 2 of the Agricultural Marketing (Jersey) Law, 1953, as amended, adopted an Act entitled Milk Marketing Scheme (Amendment No. 6) (Jersey) Act, 1981.

Police Force (Amendment No. 2) (Jersey) Law, 1981.

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

Connétable of St. Lawrence – retirement.

The Bailiff conveyed the best wishes of the Assembly to Mr. Jean Baptiste Emmanuel, Connétable of St. Lawrence , on the occasion of his retirement and thanked him for his many years of service.

The House rose at 11.20 a.m.

R.S. GRAY,

Deputy Greffier of the States.