States Minutes 24th August 1982

THE STATES assembled on Tuesday, 24th August, 1982 at 10.15 a.m. under the Presidency of the Bailiff , Sir Frank Ereaut.

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

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All members were present with the exception of –

Senator Richard Joseph Shenton – out of the Island.

Charles Alan Le Maistre, Connétable of Grouville – out of the Island.

William John Morvan, Connétable of St. Lawrence – out of the Island.

David John de la Haye, Deputy of St. Ouen – out of the Island. Robin Ernest Richard Rumboll, Deputy of St. Helier – out of the Island.

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Prayers. _____

Senator R. Vibert .

The Bailiff , on behalf of the Members of the States, welcomed Senator Ralph Vibert on his return to the House after his recent operation.

Birth of a son to the Prince and Princess of Wales. Reply to Address.

The   Bailiff  informed  the  Assembly  that  a  reply  had  been received in the following terms to the Address which the States had sent to Their Royal Highnesses The Prince and Princess of Wales –

203  [ Price : £1.00.]

"We were enormously touched to receive your very kind message following the birth of our son and send you our warmest possible thanks. The reaction to the news has been overwhelming and thoroughly heart-warming and we are rapidly discovering what it is to be proud parents!

Charles and Diana".

Falkland Islands. Statement.

The Bailiff made a statement in the following terms –

"On the 22nd June, the States adopted a Proposition in the following terms –

That the Bailiff be requested to convey to Her Majesty's Government the offer of the sum of £5m. towards the expenses incurred in the recovery and re- establishment of the Falkland Islands and that the Finance and Economics Committee be directed, if the offer is accepted, to make the necessary financial provision.'

I now wish to inform the House that that offer was duly conveyed by me through His Excellency to Her Majesty's Government, and the Home Secretary, on behalf of Her Majesty's Government, has since replied that the Government has great pleasure in accepting what he describes as this most generous offer'.

Last month Senator Averty and I visited the Home Office, at the invitation of the Home Secretary, to discuss with representatives of the Home Office, the Treasury and the Foreign Office, how the money might best be spent.

We were informed that it was the wish of Her Majesty's Government that all the money should go towards helping the people of the Falkland Islands and assisting in the reconstruction of the Islands.

At the request of Her Majesty's Government, it was agreed to make an immediate donation of £250,000 to the Falkland Islands Appeal Fund. That Fund has been launched under the patronage of Lord Shackleton to alleviate immediate distress among the residents. The sum has been sent to the Fund, and has been gratefully acknowledged.

The remainder of the gift will be used by Her Majesty's Government to finance specific and major longer term projects found to be necessary for the reconstruction and rehabilitation of the Islands.

Examples of such projects as given to us are permanent housing, new public facilities (such as the water system and electricity supply), new roads and improvements to or rebuilding of the Airport.

The Government will in due course be writing to Jersey with details of some such major projects with one or more of which we might like to be associated.

Bearing in mind that the donation was offered with no strings attached apart from the stated general purposes of recovery and re-establishment of the Islands, I think that the House will wish to express its appreciation of the decision by Her Majesty's Government, first to spend all the money on the Falkland Islands and Islanders, and second, to consult us as to how the money might best be spent."

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

1. Import and Export (Control) (Jersey) Order, 1982. R & O 7074.
2. Road Traffic (Saint John) (Amendment No. 7) (Jersey) Order, 1982. R & O 7075.
3. Road Traffic (Saint Clement) (Amendment No. 5) (Jersey) Order, 1982. R & O 7076.

4. Fire Service (General Provisions) (Jersey) Regulations, 1970 (Amendment No. 23) (Jersey) Order, 1982. R & O 7077.
5. Road and Sand Racing (Amendment) (Jersey) Order, 1982. R & O 7078.
6. Social Security (Earnings Limit) (Jersey) Order, 1982. R & O 7079.

Retirement Age of Employed Males: Report. P.112/82.

The Policy Advisory Committee by Act dated 26th July, 1982, presented to the States a Report on the Retirement Age of Employed Males.

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

Horse Owners' Liability and Third-Party Insurance: Report P.109/82.

The Legislation Committee by Act dated 2nd August, 1982, presented to the States a Report on Horse Owners' Liability and Third-Party Insurance.

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

Matters noted – land transactions.

THE STATES noted an Act of the Finance and Economics Committee dated 28th July, 1982, 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 leasing to Huelin Renouf Limited of 120 square feet of office accommodation on the New North Quay, Port of St. Helier , for a period of three years with effect from 1st July, 1982, at an annual rent of £510, representing £4.25 a square foot;

2. as recommended by the Harbours and Airport Committee the leasing to Refair (Jersey) Limited of 362.25 square feet of office accommodation in the Airline Administrative Building at Jersey Airport for the period 1st July, 1982 until 30th June, 1984 (to run concurrently with the existing lease) at an annual rent of £1,449, representing a rate of £4 a square foot, and that the Company would relinquish, with effect from the same date, 125 square feet of office accommodation for which it presently paid the sum of £500 a year, representing a net increase in rent of £949 a year. Refair (Jersey) Limited currently leased 837.81 square feet of office accommodation at Jersey Airport;
3. as recommended by the Harbours and Airport Committee the leasing to Owners Services Limited of 125 square feet of office accommodation in the Airline Administrative Building at Jersey Airport for the period 1st July, 1982 until 31st August, 1984 (to run concurrently with the existing lease) at an annual rent of £500 a year representing £4 a square foot and that the Company would relinquish, with effect from the same date, 120.75 square feet of office accommodation, for which it presently paid the sum of £483 a year representing a net increase in rent of £17 a year. Owners Services Limited currently leased 776.75 square feet of office accommodation at Jersey Airport;
4. as recommended by the Housing Committee, with the support of the Island Development Committee, the purchase from Mr. Oscar Deslandes Francis Laurens of an area of land at Rope Walk, St. Helier , measuring approximately 0.86 vergées, including a barn and a small area of roadway, for a consideration of £33,000 plus legal fees.

Matters noted – financial transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 11th August, 1982, showing that, in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that –

1. the Housing Committee had accepted the lowest of eight tenders namely that submitted by Thatcher Limited in the sum of £87,000 on a fluctuating price in a contract period of 22 weeks for the redevelopment of 5A and 5B Windsor Road, St. Helier ;
2. the Housing Committee had accepted the lowest of five tenders namely that submitted by A.H. Turmel (Builder) Limited in the sum of £32,500 in a contract period of 20 weeks for the construction of a house at 44½ Dorset Lane, St. Helier .

Matters lodged.

The following subjects were lodged "au Greffe" –

1. 33–35 Poonah Road, St. Helier : Approval of Plans. P.107/82.

Presented by the Housing Committee.

2. Draft Amendment (No. 6) to Standing Orders relating to Certain Transactions in Land. P.108/82.

Presented by the Legislation Committee.

3. Telecommunications Board: Privatisation. P.110/82.

Presented by Senator Richard Joseph Shenton.

4. Flooding in Georgetown District – Prayer of Petition. P.111/82.

Presented by Deputy Jack Roche of St. Saviour and referred to the Resources Recovery Board.

The following subjects were lodged "au Greffe" on 10th August, 1982 –

1. Sheltered Workshop at Highlands. P.102/82. Presented by the Education Committee. The States decided to take this subject into consideration at the present Sitting immediately after P.94/82.

2. Jersey New Waterworks Company Limited: Directors. P.103/82.

Presented by the Finance and Economics Committee. The States decided to take this subject into consideration at the present Sitting.

3. Social Security: reciprocal agreement with Iceland. P.104/82.

Presented by the Social Security Committee. The States decided to take this subject into consideration at the present Sitting.

4. Health Services: reciprocal agreement with Iceland. P.105/82.

Presented by the Public Health Committee. The States decided to take this subject into consideration at the present Sitting.

5. Draft Health Insurance (Medical Benefit) (Amendment No. 20) (Jersey) Regulations, 198 : Amendment. P.106/82.

Presented by Senator Richard Joseph Shenton.

Draft Road Traffic (No. 25) (Jersey) Regulations, 198 .

THE STATES acceded to the request of the Defence Committee that the draft Road Traffic (No. 25) (Jersey) Regulations, 198 (P.99/82 – lodged on 27th July, 1982) be taken into consideration at the present Sitting.

Draft Health Insurance (Medical Benefit) (Amendment No. 20) (Jersey) Regulations, 198 : Amendment. P.106/82 withdrawn.

THE STATES noted that Senator Richard Joseph Shenton had withdrawn the draft Health Insurance (Medical Benefit) (Amendment No. 20) (Jersey) Regulations, 198 : Amendment (P.106/82 – lodged on 10th August, 1982).

Flooding in Georgetown District. Petition.

Deputy Jack Roche of St. Saviour presented to the States a Petition regarding the flooding in the Georgetown District.

THE STATES referred the said Petition to the Resources Recovery Board and lodged the relevant Proposition "au Greffe".

Parish Relief: Report. Question and answer.

Deputy Richard Francis O'Connor of St. Clement asked John Philip Pirouet, Connétable of St. Ouen , Chairman of the Committee of Connétable s, the following question –

"Eight months ago the Report of the Parish of St. Clement Working Party which was investigating welfare was presented to the Committee of Connétable s.

Four months ago that Committee was requested by the States to prepare a report for the States on the desirability or otherwise of introducing legislation designed to amend further the Poor Law Amendment (Jersey) Law, 1953, so that the requirement to assist persons in need and the dependants of such persons will devolve on the Parish in which the mother of such person was ordinarily resident at the time of the birth of that person.

Will the Chairman of the Committee inform the House of the progress which has been made and will he indicate when the States are likely to receive that report?"

The Chairman of the Committee of Connétable s replied as follows –

"The preparation of a report on the lines requested by the States requires a great deal of investigation and research, involving all the Parishes. Individual Members of the Committee have been at work gathering the information needed, and the compilation of the report based on that information has been entrusted to a Sub- Committee of the Connétable s, which has power to co- opt other appropriate persons to assist as it sees fit. It has to be recognised that the task is a complex one, and the Committee would not want to inhibit the Sub-Committee by placing a time scale on its activities. Nevertheless, I would venture to hope that the report could be completed for presentation to the States before the end of the Autumn Session."

Level of lead content in petrol. Questions and answers.

Deputy Maurice Clement Buesnel of St. Helier asked Senator John Le Marquand, President of the Public Health Committee, the following questions –

"(1) Will the President kindly inform the States whether

any studies have been carried out locally into the question of the possible hazards arising from the level of lead content in petrol?

(2)  Following on from question 1, will the President also state whether it is proposed to take any action with a view to a reduction in the lead content of petrol used in Jersey, in the light of the steps which have been taken on the Continent of Europe?"

The President of the Public Health Committee replied as follows –

"(1) No specific survey has been carried out. However

the level of lead in blood estimations are carried out from time to time on patients seen in the Hospital and there is no evidence from these of any abnormal lead absorption. Over the last few years, one or two patients have had evidence of lead poisoning, but in each case the source of that lead poisoning has been clearly established and was in no case due to lead liberated from petrol burning engines. Discussions have taken place at Officer level, as to whether or not there was a need to carry out a limited investigation of environmental lead levels, in the light of the considerable density of traffic experienced in certain parts of the Island. However, I consider wind assures a prompt and wide dispersal of atmospheric pollutants in Jersey. Moreover I believe that were there a problem in Jersey from environmental lead, there would have been evidence of this in the specimens examined in the General Hospital. Environmental estimations of lead levels have been carried out on water and vegetables in recent years and no evidence of excessive lead content has been found.

(2)  I do believe that a reduction in the lead level of petrol is desirable. However, I think we must wait for measures taken in the United Kingdom which I have no doubt we shall inevitably follow. I feel it is not practical for an Island the size of Jersey to act independently of developments in the United Kingdom."

Disposal of agricultural and horticultural waste – transfer of responsibility for investigations. Statement.

The Chairman of the Working Party on Agricultural and Horticultural Waste made a statement in the following terms –

"In the early part of 1980 the States set up a Working Party under my Chairmanship comprising Members of the Agriculture and Fisheries, Public Works and Island Development Committees and the Resources Recovery Board to look into the question of the disposal of agricultural and horticultural waste.

In September of that year an Interim Report was presented to the House which identified the need for the disciplined disposal of such plants as glasshouse tomatoes, as potential carriers of bacterial canker and Didymella stem rot, and blight of potatoes and Fusarium disease of carnations.

The Working Party set to work to find ways and means of solving this waste disposal problem that would, once and for all, eliminate the recurring need of finding new tipping sites with the attendant repercussions on the Island's environment, and of course, the greater risk of the spread of disease.

The States agreed to the Interim Report and Recommendations which included the disposal of both healthy and diseased tomato trimmings, individual diseased plants and the end of season glasshouse tomato haulms.

The States also agreed that Research should begin in association with the Department of Microbiology of the University College, Cardiff, on the use of anaerobic digestion for the disposal of plant and animal wastes in the Island for the ultimate transfer back to the land. This is a process by which the components of plant tissues are broken down by a wide range of microbes and protozoa in the absence of air.

An encouraging report came forward from the University College of Cardiff but following a visit to Cardiff in June by Mr. N.J. Bradshaw, the States' Plant Pathologist and Mr. N.D. Barker, Principal Chemist of the Resources Recovery Board, they were firmly of the opinion that further work would be desirable before any firm decision or recommendations could be made regarding anaerobic treatment of waste if it was to be used safely as a soil conditioner.

It is now a matter for consideration whether these further studies should be continued with Cambridge Laboratories for Energy Resources on the question of the survival of plant pathogens on infested material. The previous work at Cardiff has concentrated on the addition of pure cultures of the various pathogens and their survival in mini anaerobic digesters.

It is greatly encouraging that as recently as June this year the Right Honourable The Earl Ferrars, Minister of State, Ministry of Agriculture and Fisheries gave an enthusiastic welcome to this new system of waste disposal from farms. He declared that the United Kingdom was in the forefront of this new technology, and was, moreover, in a position to supply the expertise and consultancy services to solve the problems for treating agricultural and horticultural waste.

The Agriculture and Fisheries Committee has agreed, on the recommendation of the Working Party, that this work should now be taken over and continued under its direction."

Appointment of Industrial Relations Advisory Officer. Statement.

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

"I am pleased to be able to inform the House that the Industrial Relations Committee has made an appointment, with effect from 1st November, 1982, to the post of Industrial Relations Advisory Officer.

Having regard to some of the comments made when this post was last under discussion, I am particularly pleased to be able to say that a suitable Jersey-born applicant has been found.

The new Officer is Wing Commander Vernon Cavey, age 54, who was educated in Jersey and who was teaching in Jersey for several years prior to joining the Royal Air Force in 1955.

Having completed a highly successful career in the Royal Air Force in an administrative capacity, Wing Commander Cavey wishes to return to Jersey. During his service in the Royal Air Force he has had a wide experience of administration, management and personnel matters, Trade Union negotiations including civilian pay and administration and acting as Chairman of a Whitley Council. His more recent service included three years as Executive Officer, Personnel and Administration Division, HQ Allied Forces Central Europe, Netherlands, dealing with both civilian and military personnel administration and organisation.

In advance of taking up the appointment on 1st November, Wing Commander Cavey will be working with Mr. D.L.G. Pamplin, the Acting Industrial Relations Advisory Officer, for 28 days by arrangement with his present employers."

Lease of St. Catherine's Café.

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

1. approved the lease to Mr. Malcolm James Wootton and Mrs. Veronica Anne Wootton, née Ward , of St. Catherine's Café, St. Martin for a further period of 9 years with effect from 8th July, 1982, at an annual rent of £5,000, subject to rent review clauses at the end of the third and sixth years of the lease;
2. authorised the Greffier of the States to sign the necessary agreement;
3. authorised the Treasurer of the States to receive the rent as it became due.

Highlands College Trowel Trades Workshop.

THE STATES, adopting a Proposition of the Education Committee –

1. approved drawings Nos. 2755/2A and 2756/1 showing the proposed Highlands College Trowel Trades Workshop;
2. authorised the Greffier of the States to sign the said drawings on behalf of the States.

The New House, Clos de la Marquanderie, St. Brelade .

THE STATES commenced consideration of a Proposition of the Housing Committee regarding the lease of The New House, Clos de la Marquanderie, St. Brelade . On the Proposition of Deputy Terence John Le Main of St. Helier the Proposition was lodged "au Greffe".

Employment of Disabled People.

THE STATES, adopting a Proposition of the Social Security Committee –

1. approved the following measures to assist the employment of disabled persons;

1. the appointment of an Employment Officer (Disabled Persons) to advise on the employment of disabled persons and to administer the schemes mentioned in the following Propositions for an initial period of three years;
2. the introduction of a Job Introduction Scheme designed to offer employers an amount of money equivalent to the weekly standard rate of benefit, when employing a disabled person for a short trial period;
3. the introduction of a Therapeutic Work Scheme to permit severely disabled persons to perform work of an approved therapeutic nature and to receive a modest payment without forfeiting benefits;
4. the introduction of an Industrial Training Scheme to provide disabled persons with a short period of training;
5. the payment of grants to employers including the self-employed for the adaptation of premises and the purchase of equipment so that a particular disabled person can be employed;
6. the designation of a member of Le Geyt Adult Training Centre staff to act as a part-time Employment Liaison Instructor;
7. the payment of grants to employers' so that Sheltered Workers Schemes can be set up, where disabled workers can work alongside able-bodied workers; and

2. charged  the  appropriate  Committees  to implement forthwith the above measures.

Sheltered Workshop at Highlands.

THE STATES, adopting a Proposition of the Education Committee, approved the proposals for the management and operation of the Sheltered Workshop at Highlands.

Future Computing Strategy.

THE STATES, having rejected an amendment of Deputy Jean Amy Le Maistre of St. Helier that there should be added to paragraph (a) the words "with the exception of paragraphs 31 and 32", adopted a Proposition of the Establishment Committee and agreed that –

1. the States Computer Strategy be developed in accordance with the principles outlined in the Report, dated June, 1982, of the Establishment Committee;
2. the further development of data processing facilities should continue to take place on a co-ordinated basis, in full consultation with, and with the approval of the Establishment Committee;
3. with regard to the financial systems arising out of the above developments, such systems shall be introduced in full consultation with, and with the approval of, the Finance and Economics Committee.

Members present voted as follows for the amendment –

"Pour" (5)

Senator

Sandeman.

Deputies

Morel (S), Le Maistre(H), Troy (S), O'Connor(C).

"Contre" (43)

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 , St. Saviour , St. John , Trinity , St. Brelade , St. Martin .

Deputies

Mourant(H), St. John , Quenault(B), Perkins(C), Le Gallais(S), Roche(S), Le Brocq(H), Le Quesne(S), Trinity , St. Martin , Filleul(H), Vandervliet(L), St. Peter , Le Main(H), Farley(H), Le Fondré(L), Buesnel(H), Grouville , St. Mary , Beadle(B), Thorne (B), Wavell(H), Blampied(H).

Health Insurance (Medical Benefit) (Amendment No. 20) (Jersey) Regulations, 1982.

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. 20) (Jersey) Regulations, 1982.

Fort Regent Main Reception Building – extension.

THE STATES, adopting a Proposition of the Fort Regent Development Committee –

1. approved Plans Nos. 444, 445, 446 and 447 showing the extended development of the Fort Regent Main Reception building and ancillary works;
2. authorised the Fort Regent Development Committee to amalgamate the undermentioned Capital Votes of Credit –

1. C1209 – Extension of Reception Facilities – £65,000.
2. C1212 – Provision of Office Accommodation – £40,000;

into a single Capital Vote of Credit – C1209 – Extension of Reception Facilities and Ancillary Works – £105,000.

Road Traffic (No. 25) (Jersey) Regulations, 1982.

THE STATES, in pursuance of the powers conferred on them by the Order in Council of the twenty-sixth day of December, 1851, and Article 49 of the Road Traffic (Jersey) Law, 1956, as amended, made Regulations entitled the Road Traffic (No. 25) (Jersey) Regulations, 1982.

Jersey New Waterworks Company Limited: Directors.

THE STATES, adopting a Proposition of the Finance and Economics Committee, agreed –

1. to recommend to the Board of Directors of the Jersey New Waterworks Company Limited that –

1. the maximum number of Directors of the Company should be 7; and
2. the States should nominate 4 of the 7 Directors;

2. that the Finance and Economics Committee should submit to the States nominations for appointment as Director;
3. that at least one nominee should be a member of the Finance and Economics Committee;

the States, then considered an amendment to paragraph (4) proposed by Deputy Norman Stuart Le Brocq of St. Helier that Deputy Helen Baker of St. Martin be nominated for appointment as a Director of the Company and, having nominated Senator John Clark Averty as the member of the Finance and Economics Committee, proceeded to a ballot and agreed –

4. that –

Senator John Clark Averty,

Senator John William Ellis,

Senator Anne Baal, and

Deputy John Le Gallais of St. Saviour

should be nominated for appointment as Directors of the Jersey New Waterworks Company Limited until December, 1984.

The result of the Ballot was as follows –

Senator Ellis, 41 votes Senator Baal, 38 votes Deputy Le Gallais, 39 votes Deputy Baker, 17 votes.

Social Security: Reciprocal Agreement with Iceland.

THE STATES, adopting a Proposition of the Social Security Committee, requested the Bailiff to inform the Secretary of State that it was the wish of the Assembly that the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Iceland should apply to Jersey.

Health Services: Reciprocal Agreement with Iceland.

THE STATES, adopting a Proposition of the Public Health Committee, requested the Bailiff to inform the Secretary of State that it was the wish of the Assembly that the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Iceland on Health Services should apply to Jersey.

Retirement of Mr. W.P. Le Marquand, Connétable of St. Peter .

The Bailiff , on behalf of the States, wished Mr. Winter Poignand Le Marquand a long and happy retirement after serving as Connétable of St. Peter for 22 years.

THE STATES rose at 4.30 p.m.

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