States Minutes 28th July 1981

THE STATES assembled on Tuesday, 28th July, 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 Richard Joseph Shenton – absent.

Leonard James Norman, Connétable of St. Saviour – out of the Island.

Percy Philip Luce , Deputy of St. Brelade – absent.

Brian Edward Troy , Deputy of St. Saviour – out of the Island.

John Le Gallais, Deputy of St. Saviour – absent.

Terence John Le Main, Deputy of St. Helier – absent.

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Prayers. _____

Subordinate legislation tabled.

The  following  enactments  were  laid  before  the  States, namely –

1. Weights  and  Measures  (Testing  Fees)  (Jersey)  Order, 1981. R & O–6954.
2. Civil  Service  Administration  (Salaries)  (Amendment No. 2) (Jersey) Order, 1981. R & O–6955.
3. Health  Insurance  (Pharmaceutical  Benefit)  (General Provisions) (Amendment No. 11) (Jersey) Order, 1981. R & O–6956.
4. Fire Service (General Provisions) (Jersey) Regulations, 1970  (Amendment  No. 22)  (Jersey)  Order,  1981. R & O–6957.

185  [ Price : 50p.]

5. Saint Martin's Gymkhana and Fête (Jersey) Order, 1981. R & O–6958.
6. Road Traffic (Saint Martin) (Amendment No. 6) (Jersey) Order, 1981. R & O–6959.
7. Royal Wedding Celebration Fête (Jersey) Order, 1981. R & O–6960.

Resources Recovery Board Report 1980. R.C.10.

The Resources Recovery Board by Act dated 29th June, 1981, presented to the States its Report on the operation of the services administered by the Board for the year 1980.

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 1st July and 15th July, 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 lease to Mrs. Marjorie Elsie Oldham and her son Mr. Richard Charles Oldham of Icho Tower, at an annual rent of £75 for a period of 5 years with effect from 24th June, 1981;
2. as recommended by the Harbours and Airport Committee, the lease to Refair (Jersey) Ltd. of office accommodation at Jersey Airport in the Airline Administration and Flight Catering Building, comprising Letting Nos. B.160, 161, 162, 163, 164 and 165, measuring 836.18 square feet on a 3 year agreement commence from 1st July, 1981 at a rent of £3,344.72 a year, representing a rate of £4 a square foot a year;
3. as recommended by the Housing Committee and supported by the Island Development Committee, the purchase from Mrs. Margaret Elizabeth Hoad, née Holder, of No. 67 Val Plaisant, St. Helier , for a consideration of £32,000 for the realty, plus legal fees, on the basis that contracts would not be passed until she was accommodated in a suitable flat provided by the Committee;

4. as recommended by the Housing Committee and supported by the Island Development Committee, the purchase from Mr. Roy George Romeril, Mr. Paul Alan Romeril, Mr. Anthony James Romeril and Mrs. Carol Ann Guy, née Romeril, of No. 86 Great Union Road, St. Helier for a consideration of £21,000 for the realty, plus legal fees, and the acceptance of responsibility for rehousing the two elderly sitting tenants;
5. as recommended by the Housing Committee with the support of the Island Development Committee, the purchase from Mr. William Kenneth Clarke of 21, Duhamel Place, St. Helier for conversion into two two- bedroomed flats, one one-bedroomed flat and a bedsitter, for a consideration of £47,500 for the realty and £2,500 for the contents, on the basis of each party paying its own legal fees;
6. as recommended by the Housing Committee, the leasing from Mr. Nicholas Le Quesne Blampied of the new House, rear of Sommet Vert, Clos de la Marquanderie, St. Brelade , for a period of one year with effect from 1st July, 1981, at an annual rent of £3,938, required by the Establishment Committee for occupation by the Official States Analyst under the Temporary Housing Scheme for essential employees;
7. as recommended by the Harbours and Airport Committee, the assignment of the existing lease to Mr. Leonard George de la Haye of 1,735 square feet of accommodation under the walkway on the Victoria Pier, Port of St. Helier , to Les Viviers de St. Catherine Limited, with effect from 18th June, 1981, at the existing rent which was approved by the States on 13th February, 1979, for a term of three years commencing 1st February, 1979, at a rate of £2,168.75 a year, the accommodation being used as a vivier, and to approve a new three-year lease with Les Viviers de St. Catherine Limited in respect of the said accommodation with effect from 1st February, 1982, at an annual rent of £2,342.25 under the same terms and conditions as incorporated in the present lease;

8. as recommended by the Harbours and Airport Committee, the lease to Summerday Tours Limited of 216 square feet of bunker accommodation on the Albert Pier, Port of St. Helier , for a term of three years commencing 1st July, 1981, at a rent of £367.20 a year, representing a rate of £1.70 a square foot a year;
9. as recommended by the Public Works Committee, the renewal of the lease with the United Reform Church of the Perrot Hall , Victoria Street, St. Helier , and ancillary premises, currently in use as Police Court No. 2 for a term of three years with effect from 12th June, 1981, for the sum of £2,250 a year, with an option to break at six months' notice;
10. as recommended by the Education Committee, the registration of a Contrat de Bornement, with Mr. John Edmund Renouf , the owner of Les Alouettes, St. John , to establish the boundaries of that new house, giving effect to the new concrete wall being considered as States property, without relief, and the southern wall considered as belonging to the owner of Les Alouettes, in respect of which the Education Committee would have to retain a right to join onto the southern wall, as its flower beds did at present, and certain rights of access onto the property, Les Alouettes, would need to be retained in order to maintain the new wall.

Matters noted – financial transactions.

THE STATES noted an Act of the Finance and Economics Committee dated 1st July, 1981, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that the Public Health Committee had accepted the lowest of four tenders, namely that submitted by Jersey Contractors (1981) Limited in the sum of £2,062,949 in a contract period of 104 weeks for the Redevelopment Scheme, Phase 1B of the General Hospital.

Matters lodged.

The following subject was lodged "au Greffe" –

Jersey Heritage Trust: Act of Incorporation. P.86/81. Presented by Senator Reginald Robert Jeune and referred to the Legislation Committee.

The following subject was lodged "au Greffe" on 7th July,

1981 –

Draft Agriculture (Loans) (Amendment No. 2) (Jersey) Regulations, 198 . P.83/81.

Presented by the Agriculture and Fisheries Committee.

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

1981 –

1. Development  of  Ordnance  Yard  Area:  purchase  of  La Longue Caserne. P.84/81.

Presented by the Public Works Committee.

2. Reservoir in Queen's Valley: rescission of Act of States. P.85/81.

Presented by Deputy Mrs. Helen Baker of St. Martin .

Report on Water Demands and Reservoirs and the Compulsory Purchase of Land in Queen's Valley. P.81/81.

THE STATES acceded to the request of the President of the Public Works Committee that consideration of the Report on Water Demands and Resources and the Compulsory Purchase of Land in Queen's Valley (P.81/81 – lodged on 30th June, 1981) be deferred from the present Sitting to a later date.

Petition of Mr. W.F. Philo regarding construction of retaining wall beneath the Cheval Roc Hotel, Bonne Nuit, St. John . (P.183/79).

THE STATES rejected the request of Deputy Alfred Durell Le Brocq of St. John that the 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 on 11th December, 1979) be considered at the present Sitting.

Mayfair Hotel Limited: transfer and sale of land. (P.40/81).

THE STATES acceded to the request of the Presidents of the Public Works Committee and the Housing Committee that the Propositions regarding the transfer and sale of land with Mayfair Hotel Limited (P.40/81 – lodged on 14th April, 1981) be considered at the present Sitting.

Draft Agriculture (Loans) (Amendment No. 2) (Jersey) Regulations, 198 . (P.83/81).

THE STATES acceded to the request of the President of the Agriculture and Fisheries Committee that the draft Agriculture (Loans) (Amendment No. 2) (Jersey) Regulations, 198 (P.83/81 – lodged on 7th July, 1981) be considered at the present Sitting.

Development of Ordnance Yard area: purchase of La Longue Caserne. (P.84/81).

THE STATES acceded to the request of the President of the Public Works Committee that the Proposition regarding the development of the Ordnance Yard area: purchase of La Longue Caserne (P.84/81 – lodged on 14th July, 1981) be considered at the present Sitting.

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

THE STATES noted that the President of the Special Committee to consider relationships between Committees and the States had withdrawn the draft Administrative Decisions (Review) (Jersey) Law, 198 . (P.18/81 – lodged on 24th February, 1981).

Petition to grant Jersey Heritage Trust an Act of Incorporation.

Senator Reginald Robert Jeune presented to the States a Petition on behalf of the Chairman and Vice-Chairman of the Jersey Heritage Trust to grant an Act of Incorporation to the Trust.

THE STATES lodged the relevant Proposition "au Greffe" and referred the Petition and the Proposition to the Legislation Committee.

Fields 881/893, St. Brelade – construction of bungalow. Statement.

The President of the Island Development Committee made a Statement in the following terms –

"On the 2nd June, 1981, contrary to the advice of the Island Development Committee, the States approved Proposition P.47/81 in the following terms – to request the Island Development Committee to reconsider its decision to refuse to allow development in Fields 881/893, St. Brelade .

The Island Development Committee has subsequently received a revised application from Mr. and Mrs. Douglas and now have to decide whether or not to accede to the State' request.

The House needs no reminding that the debate leading to the approval of the Act was mostly (but not entirely) based on the face that the Douglas family included a severely handicapped child who died on the day of the debate. Had this tragic event not taken place the Island Development Committee would have considered the States' request at its meeting scheduled for the following day. The Committee would almost certainly have acceded to the request and would have issued a permit without restriction and valid for completion within 2 years.

In considering the application now received the Committee finds that the outcome, as far as the Douglas family is concerned revolves around when the child died. The Committee does not wish to adopt this approach and informs the House that it will still accede to the Proposition of the 2nd June, subject to the application now before it meeting all the technical requirements. This evaluation will take approximately 2 weeks.

Should any member disagree it is open for him or her to table  a  further  Proposition  requesting  the  States to rescind their Act of 2nd June, 1981."

Resignation of Deputy Sir Martin Le Quesne from the Island Development Committee. Personal Statement.

Deputy Sir Martin Le Quesne of St. Saviour made a personal Statement in the following terms –

"I should be grateful if you would allow me to make a short personal Statement arising out of the President's Statement.

When the Island Development Committee considered this matter last Wednesday, I told the President and my colleagues that, for reasons which I cannot go into now, I could not support the line taken in the Statement he has just read and that, if that was the decision of the other members of the Committee, I would feel obliged to resign from the Committee. I have here my letter of resignation which I will ask the usher to pass to Senator Horsfall when I sit down.

At the same time I give notice to the House that I shall in due course be tabling a Proposition that will enable the House to express its view."

Island Development Committee – resignation of member.

THE STATES noted the resignation of Deputy Sir Martin Le Quesne of St. Saviour from the Island Development Committee.

Island Electricity – relative costs. Statement.

The President of the Finance and Economics Committee made a Statement in the following terms –

"I am now able to reply more explicitly to a question asked by Senator de Carteret at one of our last Sittings.

This was whether the Finance and Economics Committee, in discharge of the task imposed by this Assembly of investigating the relative costs of supplying the Island with electricity by means of a connexion with Électricité de France or by means of coal fired turbines, proposes to appoint an independent Consultant.

I am now able to inform the Assembly that the Committee proposes to appoint the firm of Merz McLelland, one of the largest U.K. firms of Consulting Engineers. The firm has already been consulted by the Resources Recovery Board in another matter, and is currently advising the Isle of Man on a question very similar to that now before us. One of the Partners, Mr. Thomas E. Norris, B.Sc., C.Eng., F.I.Mech.E., M.I.E.E., was in the Island yesterday making a preliminary survey and it is expected that a team will visit the Island for more detailed investigations during the month of August, and that a Report will be received by the end of October."

La Motte Street School, St. Helier .

THE STATES, adopting a Proposition of the Education Committee, approved the transfer to the Public Works Committee from the Education Committee of the administration of La Motte Street School and the adjoining caretaker's house.

Housing Committee – transfer of funds.

THE STATES, adopting a Proposition of the Housing Committee, approved the transfer of the sum of £500,000 from the Capital Vote of Credit granted to the Committee under the heading "Land Purchase" (C.1104) to the Capital Vote of Credit granted to the Committee under the heading "Building, Purchase and Rehabilitation of Dwellings" (C.1103).

Exchange of land between the Public and the Jersey Electricity Company Limited.

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

1. approved the gift to the Jersey Electricity Company Limited of an area of public land measuring 16.8 square metres and shown coloured pink on Drawing No. WS.613 situated to the east of the Board's pumping station at Faldouet, St. Martin in exchange for the gift, by the Jersey Electricity Company Limited of an area of land measuring 11.9 square metres and shown coloured blue on Drawing No. WS.613 situated adjacent to No. 19, Elizabeth Avenue, St. Brelade ;
2. authorised the Attorney General and the Greffier of the States to pass the necessary contracts in the matter;
3. authorised the payment of all legal expenses involved in the transactions.

Temporary compensation to Glasshouse Growers.

THE STATES, having rejected the Proposition of Deputy Hendricus Adolphus Vandervliet of St. Lawrence that the Proposition be referred back, adopted a Proposition of the Agriculture and Fisheries Committee and approved payment of a subsidy of 6p per gallon on oil used by commercial glasshouse growers in the production of their crops, the subsidy to be payable during the period 1st January to 31st December, 1981.

Members present voted as follows for the reference back – "Pour" (3)

Deputies

St. Ouen , Farley(H), Vandervliet(L.)

"Contre" (41)

Senators

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

Connétable s

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

Deputies

Mourant(H), Marett(B), St. Mary , Morel (S), Le Maistre(H), St. John , Grouville , Quenault(B), Perkins(C), Baal(H), Roche(S), Le Brocq(H), Dupré(H), Le Quesne(S), Trinity , St. Martin , Filleul(H), Le Feuvre(L), St. Peter , O'Connor(C).

Senator Mrs. Jane Patricia Sandeman declared an interest in the matter and withdrew from the Chamber.

Oil Subsidy for Glasshouse Growers. Deferred Supply.

THE STATES, adopting a Proposition of the Finance and Economics Committee, acceded to its request for the following additional vote of credit to be voted out of the General Reserve.

Agriculture and Fisheries Committee

Subsidies and Grants –

(4146) Oil subsidy.............................................. £210,000.

Agriculture (Loans) (Amendment No. 2) (Jersey) Regulations, 1981.

THE STATES, in pursuance of Article 2 of the Agriculture (Loans and Guarantees) (Jersey) Law, 1974, made Regulations entitled the Agriculture (Loans) (Amendment No. 2) (Jersey) Regulations, 1981.

Members present voted as follows for Regulation 2 –

"Pour" (34)

Senators

Vibert , Le Marquand, Jeune , Binnington, Riley, Sandeman, Horsfall, Ellis.

Connétable s

St. Ouen , St. Martin , St. Helier , Grouville , St. John , St. Brelade .

Deputies

Mourant(H), Marett(B), St. Mary , Morel (S), Le Maistre(H), St. John , Grouville , Farley(H), Quenault(B), Perkins(C), Baal(H), Roche(S), Le Brocq(H), Le Quesne(S), Trinity , St. Martin , Filleul(H), Le Feuvre(L), St. Peter , O'Connor(C).

"Contre" (4)

Connétable s

St. Mary , Trinity , St. Lawrence .

Deputy

Vandervliet(L).

Health Insurance (Medical Benefit) (Amendment No. 18) (Jersey) Regulations, 1981.

THE STATES, in pursuance of Articles 18 and 46 of the Health Insurance (Jersey) Law, 1967, as amended, made Regulations entitled the Health Insurance (Medical Benefit) (Amendment No. 18) (Jersey) Regulations, 1981.

Abattoir at La Collette – transfer of administration of site.

THE STATES, adopting a Proposition of the Harbours and Airport Committee, approved the transfer to the Agriculture and Fisheries Committee from the Harbours and Airport Committee of the administration of the site at La Collette on which it is proposed the new abattoir be constructed, shown coloured red on Drawing No. MS.126.

Weighbridge Island Site – transfer of administration of land and property.

THE STATES, adopting a Proposition of the Agriculture and Fisheries Committee, approved the transfer to the Harbours and Airport Committee from the Agriculture and Fisheries Committee, of the land and property on the Weighbridge Island site at present occupied by the Abattoir, shown coloured red on Drawing MS.125.

Mayfair Hotel Limited – sale of land.

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

1. approved the following sales of land lying between New Brooklyn Lane and the Mayfair Hotel, St. Saviour 's Road, St. Helier , to the Mayfair Hotel Limited, on the basis of each party paying its own legal fees –

1. an area of land measuring 1,355 square feet shown coloured blue on Drawing No. MS.124, for a consideration of £2,710, representing £2 a square foot;
2. an area of land measuring 312 square feet shown cross hatched blue on the said Drawing for a consideration of £1,815 representing £5.82 a square foot;

2. authorised the Attorney General and the Greffier of the States to pass the necessary contracts in the matter;
3. authorised the Treasurer of the States to receive the said sum of £4,525 and to credit it to C.0303 – "Roads – Improvements, Property Acquisition and Investigation".

Mayfair Hotel Limited: land transactions.

THE STATES, adopting a Proposition of the Housing Committee –

1. approved the following transactions in land with Mayfair Hotel Limited, on the basis of each party paying its own legal fees –

1. the sale to Mayfair Hotel Limited of an area of land measuring 5,570 square feet shown coloured red on Drawing No. MS.124, for a consideration of £38,940, representing £6.99 a square foot;
2. the purchase from Mayfair Hotel Limited of two areas of land measuring in total 2,646 square feet shown coloured green on Drawing No. MS.124, for a consideration of £18,465, representing £6.98 a square foot;

2. authorised the Attorney General and the Greffier of the States to pass the necessary contracts in the matter;
3. authorised the Treasurer of the States to receive the said sum of £38,940, and to credit it to Capital Receipts, and to pay the said sum of £18,465 out of the Vote of Credit granted to the Committee under the heading Land Purchase' (C.1104).

Development of Ordnance Yard area: purchase of La Longue Caserne.

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

1. approved the purchase from G.L.B.C. Holdings Limited of the properties known as La Longue Caserne, Ordnance Yard (also known as the Newfoundland Warehouse), No. 1, Caledonia Avenue and No. 17, Pier Road, St. Helier , for the sum of £132,500 plus legal costs;
2. authorised the Attorney General and the Greffier of the States to pass the necessary contracts in the matter;

3. agreed to the transfer of the ownership of the buildings, in due course, to the Jersey Heritage Trust in the event of the States subsequently granting incorporated status to the Trust;
4. authorised the Treasurer of the States to pay the costs involved out of the Capital Vote of Credit granted to the Island Development Committee under the heading Acquisition of Land – Major Reserve' (Vote No. C.0904).

Connétable of St. Martin – retirement.

The Deputy Bailiff conveyed the best wishes of the Assembly to Mr. George Rive Le Masurier, Connétable of St. Martin on the occasion of his retirement and thanked him for his many years of service.

The States rose at 4.20 p.m.

E.J.M. POTTER,

Greffier of the States.