States Minutes 12th October 1982

THE STATES assembled on Tuesday, 12th October, 1982 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 Le Marquand – out of the Island. Senator Reginald Robert Jeune – out of the Island. Senator Pierre François Horsfall – out of the Island. Senator Anne Baal – out of the Island.

Margaret Sylvia Rose Beadle, Deputy of St. Brelade – out of the Island.

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Prayers. _____

Subordinate legislation tabled.

The following enactment was laid before the States, namely –

Road  Traffic  (Public  Parking  Places)  (Amendment No. 11) (Jersey) Order, 1982. R & O 7101.

Prison Board – appointment of Mr. E.J. Le Brocq, Connétable of St. Peter .

THE  STATES  appointed  Mr.  Edward  John  Le Brocq, Connétable of St. Peter , as a member of the Prison Board in the place of the former Connétable of St. Peter , Mr. Winter Poignand Le Marquand.

Contingencies vote of credit – Public Works Committee.

THE STATES noted an Act of the Finance and Economics Committee dated 6th October, 1982, informing the Assembly that it had made available to the Public Works Committee out of its

261  [ Price : 50p.]

Contingencies vote of credit the sum of £12,000 to enable the trial bus service for school children to commence during the second half of the autumn school term.

Matters noted – land transactions.

THE STATES noted an Act of the Finance and Economics Committee dated 6th October, 1982, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Housing Committee, the cession, free of charge to the Public of the Island by Bashfords Limited of Wayleaves over a strip of land, measuring 1.8 metres, shown coloured Red on Drawing No. 235/Service Sketch 1, for the routeing of mains services from Longueville Road to the Bashfords Nursery Development, subject to the Public's paying all legal expenses of Bashfords Limited in respect of this transaction and further to the transfer of a right of wayleave from the Public toThe Jersey Electricity Company Limited, free of charge, to lay cables to the Bashfords Nursery Development;
2. as recommended by the Housing Committee, the granting to C. Le Masurier Limited, the owner of North Stores, 54, St. Saviour 's Road, St. Helier , of a right of way over land administered by that Committee at De Quetteville Court, St. Helier , for the purpose of unloading delivery vehicles at the rear of the shop, for a consideration of £750 subject to the company's paying the Committee's legal fees and on the conditions that –

1. the right of way was used solely for the purpose of delivery access; and
2. in no circumstances would any vehicle park on any of the land in the area administered by the Housing Committee, save for the purpose of unloading;

3. as recommended by the Public Works Committee, the cession, free of charge, by Mr. Herbert Philip Cabot of 367 square feet of land at Le Carrefour, Trinity , required to improve the visibility at that property, subject to the Committee's re-instating the granite wall and entrance as shown on plan no. 362/2, and to the Committee's bearing the costs of the transaction;
4. as recommended by the Public Health Committee, in pursuance of an Act of the States dated 20th November, 1979, accepting the devise of the late Ms. Eunice Jane Bailhache , née Hubert, of specified properties, the assignment from Mr. John Blench to Mr. Michael John Sinel of the unexpired term of the 9 year lease of 41, New Street, St. Helier which lease was granted on 26th December, 1978.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Dutch Elm Disease. P.137/82.

Presented by the Public Works Committee. The States decided to take this matter into consideration on 26th October, 1982.

2. Queen's Valley: sale of land. P.138/82.

Presented by the Public Health Committee. The States decided to take this subject into consideration on 26th October, 1982.

3. Rezoning of land for residential development. P.139/82.

Presented by the Island Development Committee.

4. Draft Christmas Bonus (Jersey) Regulations, 198 . P.140/82.

Presented by the Finance and Economics Committee. The States decided to take this subject into consideration on 26th October, 1982.

5. Draft Amendment (No. 4) to the tariff of harbour and light dues. P.141/82.

Presented by the Harbours and Airport Committee.

6. Draft Health Insurance (Medical Benefit) (Amendment No. 21) (Jersey) Regulations, 198 . P.142/82.

Presented by the Social Security Committee. The States decided to take this subject into consideration on 26th October, 1982.

7. Draft Public Holidays and Bank Holidays (Jersey) Act, 198 . P.143/82.

Presented by the Legislation Committee. The States decided  to  take  this  subject into consideration on 26th October, 1982.

Draft Policing of Parks (Amendment No. 3) (Jersey) Regulations, 198 . P.78/81.

THE STATES acceded to the request of the President of the Public Works Committee that the draft Policing of Parks (Amendment No. 3) (Jersey) Regulations, 198 (lodged in Second Reading on 29th September, 1981, having adopted the Preamble and Article 1 and having referred back Articles 2 and 3) be considered on 26th October, 1982.

No. 2 Sydenham Villas, St. Helier : acquisition and development. P.130/82.

THE STATES acceded to the request of the President of the Housing Committee that the Proposition regarding No. 2 Sydenham Villas, St. Helier : acquisition and development (lodged on 28th September, 1982) be considered on 19th October, 1982).

Revised Welfare Benefits. Questions and answers.

Deputy Maurice Clement Buesnel of St. Helier asked Senator Ralph Vibert , President of the Finance and Economics Committee, the following questions –

"Arising from the recent presentation to the States of a report setting out revised rates of welfare benefit effective from 1st October, 1982, will the President inform the States –

1. whether, in relation to the recipient's total income, the expression in all circumstances' as used in the report isto be taken literally; and
2. whether there is any statutory requirement which ensures that the amounts specified in the report will apply in practice in every case."

The President of the Finance and Economics Committee replied as follows –

"One of the many achievements of the late Senator Cyril Le Marquand as President of the Finance and Economics Committee and one which gave him particular satisfaction, was to enlist the co-operation of the Connétable s in establishing each year a uniform scale of grants throughout the Island of welfare benefit for the relief of need.

A brochure is available setting out the nature and basis for a uniform grant. Each year the Connétable s, for the natives of the Island, and the Finance and Economics Committee for non-natives, agree the rates of benefit for the coming year. The purpose of the Report to which the Deputy refers is to list these rates with effect from 1st October, 1982.

The phrase in all circumstances' indicates that the scale of benefits is meant to be of general application throughout the Island. It is not, however, to be read as derogating from the discretion of the Connétable or his representatives in determining –

1. whether the applicant is in genuine need, for example incapable of working or finding work; and
2. the nature of the assistance given, that is whether it should take the form of employment, assistance in kind, or monetary grant. Supplementary grants may also be made, that isin addition to the listed scale of benefits.

There is no statutory requirement, but if an applicant considers that the discretion of the Connétable has been improperly exercised, he may, and I quote from the brochure –

within a period of 8 weeks, personally or with the aid of a States Member, make a written appeal directly to the Greffier of the States who will convene an Appeals Body of three independent Connétable s.' "

Flooding in Georgetown District: Prayer of Petition. P.111/82. Withdrawn.

THE STATES acceded to the request of Deputy Jack Roche of St. Saviour that his Proposition requesting the States to grant the Prayer of a Petition regarding flooding in the Georgetown District (lodged on 24th August, 1982) be withdrawn.

Improvements to surface water drainage in Georgetown District.

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

1. approved the engineering work proposed by the Board, as shown on Drawing No. E.S.619 to effect improvements to surface water drainage arrangements in the Georgetown district;
2. authorised the Greffier of the States to sign the said Drawing on behalf of the States.

THE STATES rose at 11.25 a.m.

R.S. GRAY, Deputy Greffier of the States.