States Minutes 16th February 1982

THE STATES assembled on Tuesday, 16th  February,  1982  at  10.15 a.m. under  the  Presidency  of  the   Bailiff , Sir Frank Ereaut.

_____

All members were present with the exception of –

Sir  Martin  Le  Quesne,   Deputy  of   St. Saviour –  out  of  the Island.

_____

Prayers read by Greffier. _____

The late Mr. G.R. Le Masurier, former Connétable and the late Mr. C.P. Tanguy, former Deputy – Tribute.

The   Bailiff  paid  tribute  to  the  late  Mr. George  Rive Le Masurier,  former   Connétable  of   St. Martin  and  the  late Mr. Cyril  Philip  Tanguy,  former   Deputy  of   St. Helier ,  and  the States observed one minute's silence as a mark of respect.

Subordinate legislation tabled.

The following enactment was laid before the States, namely –

Road  Traffic  (Disabled  Persons)  (Badges  for  Motor Vehicles) (Jersey) Order, 1982. R & O.7016.

Cottage Homes Committee Report for 1981. R.C.3.

The Cottage Homes Committee, by Act dated 26th January, 1982, presented to the States its Report for 1981.

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

43  [ Price : 50p.]

Matters noted – land transactions.

THE STATES noted an Act of the Finance and Economics Committee dated 10th February, 1982, 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 renewal of the lease to Mr. Anthony George Benest of a small area of land at Mont Mado, St. John , for use as a Stonemason's yard, for a period of nine years, with effect from 1st November, 1981, at an annual rent of £250, subject to rent reviews at the end of the third and sixth years;
2. as recommended by the Public Works Committee the cession by the Parish of St. Helier of the remainder of the site of No. 59, St. Saviour 's Road, being a small area of pavement and waste ground to the north of the property No. 57, St. Saviour 's Road, subject to the payment of legal fees;
3. as recommended by the Public Works Committee the purchase from Mrs. Ivy Jones, née Dallinger, of 368 square feet of land at the rear of No. 51, St. Saviour 's Road, St. Helier , required for road improvement purposes, for a consideration of £552, representing a rate of £1.50 a square foot, and subject to –

1. replacement of the existing 8 ft. wall by a 6 ft. wall with a 9 ft. entrance left for the construction of a garage; and
2. the States to pay the cost of the accommodation works (estimated to be about £1,500) and the legal fees.

Matter noted – financial transaction.

THE STATES noted an Act of the Finance and Economics Committee dated 10th February, 1982, showing that, in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that the Resources Recovery Board had accepted the lowest of eight tenders, namely that submitted by Walcon Construction Limited in the sum of £90,701.30 for the construction of the Le Dicq Pumping Station.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Bashford's Nurseries: Approval of Plans. P.18/82. Presented by the Housing Committee. The States decided to take this subject into consideration on 2nd March, 1982.
2. Purchase of 61, Bath Street. P.19/82. Presented by the Public Works Committee.
3. Draft Road Traffic (No. 23) (Jersey) Regulations, 198 . P.20/82.

Presented by the Defence Committee. The States decided to take this subject into consideration on 2nd March, 1982.

Jersey New Waterworks Company Limited: acquisition of controlling interest. P.72/81.

THE STATES acceded to the request of Senator Richard Joseph Shenton that the Proposition regarding the Jersey New Waterworks Company Limited: acquisition of controlling interest (P.72/81 – lodged on 16th June, 1981) be considered on 2nd March, 1982.

Island Sports Facilities. Questions and Answers.

Senator John William Ellis asked Deputy Norman Stuart Le Brocq of St. Helier , President of the Island Development Committee, the following questions –

"1. In view of the lack of Sports Stadium facilities in

Jersey, both for local and visiting sportsmen, will the

President of the Island Development Committee inform the House if he will allocate an area of land either at the Land Reclamation Site or at some other suitable site for the development of a Sports Stadium?"

2.  Is the President aware of the frustration felt by Football Clubs towards the Island Development Committee because they are only being allowed to build facilities of a size which are not viable?"

The President of the Island Development Committee replied as follows –

"1. As part of the current work being done towards the

preparation of a new Island Plan, specific attention is being given to recreational facilities in the Island. It is too early to say whether this survey will suggest that additional single-sport facilities, or a multi- sports Stadium, should be provided. It is true that one suggestion for land use at the new Reclamation Site west of the Albert Quay is for such a Stadium. If such a facility is shown to be necessary, and no other suitable site becomes available more swiftly than that site, it is obvious that such a land use would become highly desirable. However, it is my Committee's wish that more sports facilities of various types should become available in a much shorter timescale than that.

2.  The Island Development Committee has, during the past few years, received a small number of applications from Football Clubs for the creation and extension of premises. It has in all cases tried within the terms of the Planning Law, to allow provision of changing rooms, etc.

However, it has also received applications which go far beyond such provision and which include large buildings for bars and social activities. While the Committee understands that it is that type of provision that improves the visibility of the club concerned, it also has to be conscious that in each case the application has been for a large building in an area where the Planning Law would preclude other forms of development, e.g. housing, other commercial use, and so on.

The Committee would be inconsistent if it approved applications for private social club premises in places where it would not be able to approve other development."

Non-payment of Income Tax. Questions and Answers.

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

"1. Could the President say how many wage earners

were prosecuted for non-payment of Income Tax during 1981?

2.  Could he also say what was the total cost of legal proceedings in these cases and state the amount of tax irrevocably lost?"

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

"1. During 1981, judgements in the Royal Court and

Petty Debts Court were obtained in respect of non- payment of income tax against 316 taxpayers whose principal source of income was wages and salaries. In order to put this number into perspective, it should be noted that the total number of assessments made in 1981 on persons whose principal source of income was wages and salaries was approximately 24,200.

2.  The total of the legal costs in the 316 cases was £4,346 all of which is recoverable from the debtors. During 1981, costs of approximately that amount were recovered from wage and salary earning

debtors and the net cost in 1981 was, accordingly, nil.

The amount of tax for which the judgements were obtained which has been irrevocably lost could only be ascertained by examination of each of the 316 cases and the cost of this exercise is not justified. In any case, if the details were extracted they would be incomplete because action is still being taken to collect the arrears in many cases by way of deductions from wages, etc. in respect of the judgements obtained in 1981."

Establishment of the States of Jersey Police Force. Statement.

The President of the Defence Committee made a statement in the following terms –

"The Defence Committee at its meeting held on 11th February, 1982, in accordance with the duties imposed upon it by Article 8 of the Police Force (Jersey) Law, 1974, decided to increase the establishment of the States of Jersey Police Force by an additional 8 Police Officers, which will offset both the transfer of three officers to increase the strength of the Commercial Fraud Branch, and the outstanding shortage of five officers caused by the reduction in the working week from 42 to 40 hours.

The Defence Committee made this decision having received an opinion of the Law Officers of the Crown which confirmed that Article 8 of the Police Law imposed upon the Committee a mandatory statutory duty to secure the maintenance of an adequate force and to determine the ranks and numbers of that Force, and which also confirmed that this was a matter within the jurisdiction of the Defence Committee alone.

The funds required to enable these additional appointments to be effected will be sought at the April Supply Day.

The Defence Committee is now to undertake a full review of the establishment of the Police Force and it is on the basis of that review that any further changes to establishment will be made."

Port of St. Helier : Extension of Deep Water Sump.

THE STATES, adopting a Proposition of the Harbours and Airport Committee –

1. approved the acceptance of the negotiated contract submitted by F.C.F. Marine Contractors Limited in the sum of £67,180 for the extension of the deep water sump at Berths Nos. 6 and 7, New North Quay, St. Helier Harbour;
2. authorised the Greffier of the States to sign the necessary agreement with the contractor;
3. authorised the Treasurer of the States to pay the requisite sum out of the Vote of Credit granted to the Committee under the heading "Extension of Deep Water Sump" (C.0229).

Directors of the Jersey Electricity Company Limited: Members of the Finance and Economics Committee.

THE STATES rejected a Proposition of Deputy Maurice Clement Buesnel of St. Helier that of the four States appointed Directors of the Jersey Electricity Company Limited, not more than one should be a member of the Finance and Economics Committee.

Members present voted as follows –

"Pour" (14)

Senators

Shenton, Sandeman.

Deputies

St. Ouen , Perkins(C), Troy (S), Le Brocq(H), St. Martin , Filleul(H), Le Main(H), O'Connor(C), Buesnel(H), Grouville , Beadle(B), Thorne (B).

"Contre" (38)

Senators

Vibert , Le Marquand, Jeune , Averty, Binnington, de Carteret, Horsfall, Ellis, Baal, Rothwell.

Connétable s

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

Deputies

Mourant(H), Morel (S), Le Maistre(H), St. John , Quenault(B), Le Gallais(S), Roche(S), Trinity , Vandervliet(L), St. Peter , Farley(H), Le Fondré(L), Rumboll(H), St. Mary , Wavell(H), Blampied(H).

Anatomy and Human Tissue (Jersey) Law, 1982.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Anatomy and Human Tissue (Jersey) Law, 1982.

Dentists (Registration) (Amendment) (Jersey) Law, 1982.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Dentists (Registration) (Amendment) (Jersey) Law, 1982.

Cremation (Amendment No. 2) (Jersey) Law, 1982.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Cremation (Amendment No. 2) (Jersey) Law, 1982.

Old Person's Homes (Registration) (Amendment No. 2) (Jersey) Law, 1982.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Old Person's Homes (Registration) (Amendment No. 2) (Jersey) Law, 1982.

Nursing Homes (Registration) (Amendment No. 3) (Jersey) Law, 1982.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Nursing Homes (Registration) (Amendment No. 3) (Jersey) Law, 1982.

Draft Amendment (No. 3) to the Tariff of Harbour and Light Dues.

THE STATES, in pursuance of Article 6 of the Harbour and Light Dues (Jersey) Law, 1947, as amended, approved the draft Amendment (No. 3) to the Tariff of Harbour and Light Dues.

Appointment of Directors of the Jersey Electricity Company Limited.

THE STATES considered a Proposition of the Finance and Economics Committee regarding the appointment of four States' Members as Directors of the Jersey Electricity Company Limited together with an amendment of William John Morvan, Connétable of St. Lawrence , and, having proceeded to a ballot, appointed, with effect from 1st April, 1982, in accordance with Article 106 of the Articles of Association of the Company, the following members as Directors –

Senator Richard Joseph Shenton,

Senator Bernard Thomas Binnington,

Peter Gorton Baker, Connétable of St. Helier , Michael Walter Bonn, Deputy of St. Peter .

The result of the Ballot was as follows –

Senator Bernard Thomas Binnington, 39 votes,

Peter Gorton Baker, Connétable of St. Helier , 38 votes, Michael Walter Bonn, Deputy of St. Peter , 36 votes, Senator Richard Joseph Shenton, 31 votes,

John Le Gallais, Deputy of St. Saviour , 29 votes.

Subsidised Interest Rate on Monies Borrowed by Growers: Amendment to Scheme.

THE STATES, adopting a Proposition of the Agriculture and Fisheries Committee amended their Act of 8th December, 1981 approving a scheme to provide growers with an interest subsidy, by adding the Trustee Savings Bank of the Channel Islands to the Banks from which monies may be borrowed for the purposes of the scheme.

THE STATES rose at 1.00 p.m.

E.J.M. POTTER, Greffier of the States.