States Minutes 5th May 1981

THE STATES assembled on Tuesday, 5th May, 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 Reginald Robert Jeune – out of the Island. Senator Mrs. Jane Patricia Sandeman – ill. Senator John Philip de Carteret – absent.

George Rive Le Masurier, Connétable of St. Martin – absent.

Alfred Philip Le Feuvre, Connétable of St. Mary – absent.

Percy Philip Luce , Deputy of St. Brelade – absent. Mrs. Enid Clare Quenault, Deputy of St. Brelade – ill.

Michael Walter Bonn, Deputy of St. Peter – ill.

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Prayers read by Greffier. _____

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Energy Report. P.45/81.

Presented by the Resources Recovery Board.

2. Transfer  of  administration  of  site  of  new  Abattoir  at La Collette. P.46/81.

Presented by the Harbours and Airport Committee.

97  [ Price : 35p.]

Arrangement of Public Business – Land in Queen's Valley.

THE STATES acceded to the request of the President of the Public Works Committee that the proposition relating to the compulsory purchase of land in Queen's Valley (P.24/81 – lodged on 10th March, 1981) be considered on 26th May, 1981.

Social Security Contributions – farmers and horticulturists. Question and Answer.

Deputy Alfred Durell Le Brocq of St. John asked Deputy Francis Hedley Morel of St. Saviour , President of the Social Security Committee, the following question –

"Has the Social Security Committee considered any additional scheme for the supplementation of Social Security contributions for self-employed farmers and horticulturists in addition to the existing arrangements whereby earnings-related contributions can be claimed. If so, will the President please give a brief explanation of the scheme?"

The  President  of  the  Social  Security Committee replied as follows –

"Last year 2,356 self-employed persons claimed to pay earnings-related class 2 contributions on the basis of earned income arising normally 3 years previously, as disclosed on their 1978 Income Tax Notice of Assessment.

These self-employed persons had earnings below the upper earnings limit and as a result, the majority paid moderate contributions with substantial States supplementation from general revenue. A number of such people appear to be engaged in farming and horticulture.

In view of the economic circumstances in 1979 of self- employed persons engaged in agriculture and horticulture, the Committee considered towards the end of that year, the technical possibility of developing some additional arrangement to help the self-employed in that industry to meet their personal contribution liability. Such a special arrangement was to be an addition to the then newly introduced tax relief on the employer's share of the self- employed person's contributions and the existing entitlement of self-employed persons to claim to pay a smaller earnings- related contribution.

At a meeting on 8th January, 1980, a delegation of the Social Security Committee put forward a tentative special arrangement to the Agriculture and Fisheries Committee as follows –

Without any change being needed in the Social Security Law, any person or organisation can pay part or all of the employee's share of any self-employed person's contribution. Thus, the Agriculture and Fisheries Committee, if it thought it necessary, could do just that at whatever level it thought appropriate, in respect of bona fide self-employed farmers and horticulturists. It would be for that Committee to present a report and proposition to the States through the intermediary of the Finance and Economics Committee, setting out the basis of the scheme the proposed level of contribution subsidy, the method of application and seeking the necessary vote of credit. Each quarter that Committee would submit a special schedule to the Social Security Department listing the self- employed farmers and horticulturists with details of each person's contribution subsidy, together with a supporting remittance from that Committee's vote of credit. The scheme is administratively feasible and the Social Security Committee undertook to co-operate in every way in its implementation.

Clearly it is the responsibility of the Agriculture and Fisheries Committee to consider and recommend to the States whatever measures it considers appropriate in providing assistance to the agriculture and horticulture industry. The role of my Committee would be to give technical advice to that Committee on any matters affecting Social Security and we would gladly co-operate in their implementation and administration. To date the Agriculture and Fisheries Committee has introduced a number of measures to support the agriculture and horticulture industry, but so far my Committee is not aware of a conclusion having been reached on any special arrangement to subsidise further the contributions of the self-employed in that industry."

Programme of capital expenditure – updating. Question.

Deputy Sir Martin Le Quesne of St. Saviour asked Senator Ralph Vibert , President of the Finance and Economics Committee, the following question –

"In the course of a speech in the House on 17th March, 1981, the President said that he accepted the desirability of the preparation and regular up-dating of a rolling programme of capital expenditure. Would he inform the House why he went on to say that he did not consider it appropriate that such a programme should be communicated to the House for debate?"

The President of the Finance and Economics Committee informed the House that he would reply to the question at the next Sitting.

Oil subsidy for glasshouse growers – statement.

The President of the Agriculture and Fisheries Committee made a statement in the following terms –

"As a result of the E.E.C.'s failure to give effect to a ruling of the European Court which deemed that the fuel subsidies enjoyed by Dutch glasshouse producers were illegal, H.M. Government has decided to provide U.K. glasshouse growers with an oil subsidy for 1981 only, in order to reduce their competitive disadvantage. The effect of this will be to put Jersey growers at a disadvantage in their traditional market and it is the Committee's intention, therefore, to bring forward proposals at the earliest possible opportunity to provide similar assistance to local growers."

Civil Service Arbitration Tribunal.

THE STATES, adopting a Proposition of the Establishment Committee, appointed the following persons to the Civil Service Arbitration Tribunal in accordance with Rule 2 of the Civil Service Administration (Negotiation and Arbitration) (Jersey) Rules, 1959, namely –

1. Panel  of  Persons representing the Official Side of the Civil Service Joint Council –

Mr. P.M. de Veulle

Mr. J.W. Gollop

Jurat W.F.A. Hamilton, O.B.E. Mr. R.I. Steven;

2. Panel of Persons representing the Staff Side of the Civil Service Joint Council –

Professor G.S. Bain

Sir Edward Britton, C.B.E. Mr. John Hughes

Mr. Maurice Letto

The Lord Sandhurst, D.F.C. Mr. Frank Walsh.

Land reclamation west of the Albert Pier.

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

1. approved Drawing No. 327/4D showing the reclamation of an area of approximately 35 acres of land to the west of the Albert Pier, with the sea defences part faced with cob armouring, and accordingly to amend paragraph (a) of their Act of 25th September, 1979, by which approval in principle had been given to a reclamation area of about 26 acres;
2. accepted the tender submitted to the Land Reclamation Committee by Shephard Hill Limited in the sum of £2,350,021 or £2,350,021 plus £40,000 in the event of the cob armouring being of a type specified by the Department of Public Building and Works, with a contract period of 110 weeks subject to –

1. the necessary bonding and insurance being satisfactorily completed;

2. the Bills of Quantity being found to be in order; and
3. the completion of the agreement in due form;

3. authorised the Greffier of the States to sign the said Drawing on behalf of the States, and to sign the relevant agreement with Shephard Hill Limited.

Members present voted as follows –

"Pour" (35) Senators

Vibert , Le Marquand, Huelin, Shenton, Averty, Riley, Horsfall.

Connétable s

St. Peter , St. Ouen , St. Helier , Grouville , St. Saviour , St. John , St. Brelade , St. Lawrence .

Deputies

Ellis(H), Mourant(H), Marett(B), St. Mary , Morel (S), St. John , Perkins(C), Troy (S), Baal(H), Le Gallais(S), Le Brocq(H), Dupré(H), Le Quesne(S), Trinity , St. Martin , Filleul(H), Le Feuvre(L), Rothwell(H), Le Main(H), O'Connor(C).

"Contre" (5)

Connétable

Trinity .

Deputies

Le Maistre(H), Farley(H), Roche(S), Vandervliet(L). Land reclamation west of the Albert Pier – withdrawn.

Deputy Clarence George Farley of St. Helier , President of the Land Reclamation Committee, withdrew the Proposition to reclaim 26 acres to the west of the Albert Pier (P.37/81 – lodged on 14th April, 1981).

Draft Public Holidays and Bank Holidays (No. 2) (Jersey) Act, 1981. P.43/81.

THE STATES commenced consideration of the draft Public Holidays and Bank Holidays (No. 2) (Jersey) Act, 1981 (P.43/81 – lodged on 21st April, 1981) and, having rejected the proposition of Deputy Jean Amy Le Maistre of St. Helier that the States move to the consideration of the next item on the Order Paper, adopted the proposition of Deputy John Stephen Rothwell of St. Helier that the draft Act be referred to the Legislation Committee.

Mr. B.R. Cooper – Petition regarding compensation for treatment at the Prison.

THE STATES, having rejected the Proposition of Deputy John Stephen Rothwell of St. Helier that he be allowed to withdraw the Proposition, rejected the Proposition that the prayer of a Petition of Mr. Barrie Raymond Cooper be granted that the States' Assembly require the Jersey Prison Board to take account of the "inhuman and degrading treatment" which he alleges he suffered at the Prison at La Moye, St. Brelade and to recommend that he should be awarded compensation amounting to £5,250.

Members present voted as follows –

"Pour" (1)

Deputy

Rothwell(H).

Senators

Vibert , Le Marquand, Huelin, Averty, Riley, Horsfall.

Connétable s

St. Peter , St. Ouen , St. Helier , Grouville , St. Saviour , Trinity , St. Brelade , St. Lawrence .

Deputies

Ellis(H), Mourant(H), Marett(B), St. Mary , Morel (S), Le Maistre(H), St. John , Farley(H), Perkins(C), Baal(H), Le Gallais(S), Roche(S), Dupré(H), Le Quesne(S), Trinity , St. Martin , Filleul(H), Vandervliet(L), Le Feuvre(L), Le Main(H), O'Connor(C).

The States rose at 6 p.m.

E.J.M. POTTER,

Greffier of the States.