States Minutes 26th October 1982

THE STATES assembled on Tuesday, 26th October, 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 Senator Jane Patricia Sandeman – ill

Senator Pierre François Horsfall – out of the Island Senator Anne Baal – out of the Island

Senator John Stephen Rothwell – out of the Island

Peter  Gorton  Baker,   Connétable  of   St. Helier –  out  of  the Island

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

Jean Amy Le Maistre, Deputy of St. Helier – out of the Island John Le Gallais, Deputy of St. Saviour – out of the Island John Philip Farley, Deputy of St. Helier – out of the Island John Nicolle Le Fondré, Deputy of St. Lawrence – ill.

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Prayers. _____

Roll of Honour – Second World War 1939 – 1945. Statement.

The Bailiff made a statement in the following terms –

"The Members of the States will recall that at their meeting on the 30th March, 1982, they appointed a Special Committee to take

277  [ Price : £1.00.]

all necessary steps to compile and publish a Roll of Honour of all Jersey men and women, and any persons resident in Jersey who were  killed  by  enemy  action  during  the  1939 – 1945  War.  The Committee consisted of the Bailiff , as Chairman, and Senator Ellis, the Connétable of St. Helier and Deputy Mourant, and was given power to co-opt. The Committee co-opted Brigadier T.M. Troy , C.B.E., President of The Royal British Legion (Jersey Branch).

The Committee was fortunate to be supplied with a provisional list of persons thought to be qualified for inclusion in the Roll of Honour. This list had been prepared by Major B. Petre after examining a large number of local sources, and the Committee wishes to record its appreciation of his considerable assistance.

The Committee decided to invite members of the public to submit the names of persons qualified for inclusion in the Roll of Honour, and in this connexion the provisional list was made available for public inspection. It was also published free of charge in the Jersey Evening Post and the Jersey Weekly Post, and the Committee wishes to express its appreciation of the Editor's co- operation.

A large number of replies was received, and as a result the Committee has now been able to compile a Roll of Honour which it considers to be as accurate and complete as is possible having regard to the lapse of time since the end of the War.

The Committee believes that it would be the wish of all that the Roll of Honour should be placed in the Sarcophagus inside the Cenotaph to rest there permanently together with the Roll of Honour of the Great War 1914–1918. It is therefore proposed, with the approval of His Excellency the Lieutenant-Governor, that as part of the Remembrance Day Service at the Cenotaph on the 14th November next the Bailiff , on behalf of the States, will hand the Roll of Honour to the Connétable of St. Helier , who has the care of the Cenotaph, and charge him to arrange for it to be placed in the Sarcophagus at a convenient early date.

The Committee commissioned the Jersey Scriptorium to design and prepare the Roll of Honour. The Committee believes that all will agree that the Scroll has been beautifully executed, and it wishes to record its appreciation of the very considerable advice and co-operation which it has received throughout from Mrs. S. Vaughan-Williams, of the Jersey Scriptorium.

The Committee also commissioned Jersey Potteries to design and make a suitable Casket in which the Roll of Honour can be sealed. The Casket has been beautifully made, and the Committee wishes to record its appreciation of the advice and co-operation which it has received from Mr. Colin Jones, of Jersey Potteries.

It is thought that many members of the public would wish to have the opportunity to see the Roll of Honour before it is formally handed over at the Remembrance Day Service, and therefore the Connétable of St. Helier has kindly agreed to place the Roll of Honour and the Casket on display at the Town Hall as from 1st November. The details of these arrangements will be publicly notified.

The Committee believes that the States would think it fitting that a photograph in colour of the Roll of Honour should be supplied free of charge to the next of kin who apply. The Committee therefore proposes to make the appropriate arrangements. The photograph will also be made available to other members of the public on payment.

Finally, the Committee feels that it would be the general wish that a list of the names of those who appear on the Roll of Honour should be on permanent display, and therefore it has commissioned the Jersey Scriptorium to design and prepare a copy of the Roll of Honour. This copy will be on temporary display at the Town Hall immediately after Remembrance Day, pending a decision as to its permanent siting. The details of these arrangements will be publicly notified in due course."

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

1. Depositors and Investors (Prevention of Fraud) (List of Registered Persons) (Amendment) (Jersey) Order, 1982. R. & O. 7108.

2. Health Insurance (Pharmaceutical Benefit) (General Provisions) (Amendment No. 13) (Jersey) Order, 1982. R. & O. 7109.
3. Social Security (Incapacity Benefit) (Amendment) (Jersey) Order, 1982. R. & O. 7110.
4. Road Traffic (Saint John) (Jersey) Order, 1982.
   18. & O. 7111.
5. Road Traffic (Saint Lawrence) (Amendment No. 8) (Jersey) Order, 1982. R. & O. 7112.

Matters noted – land transactions.

THE STATES noted an Act of the Finance and Economics Committee dated 20th 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 passing of a Contrat de Bornement with Mr. Michael Patrick Quinn and Mrs. Margaret Dorothy Lilian Quinn, née Blampied, his wife, owners of Iona, Clos de la Mare, Maupertuis Lane, St. Clement , to establish a boundary line between that property and Le Marais Flats, St. Clement , as shown shaded Red on Drawing No. 2464/4;
2. as recommended by the Housing Committee, the sale to Mr. Gerald Arthur de la Haye and Mrs. Beryl Florence de la Haye, née Mansell, his wife, of an area of land measuring 109 square feet and forming part of Caesarea Court, St. Helier , situated adjacent to their property the Miranda Private Hotel, for a consideration of £1,090, (representing a rate of £10 per square foot) subject to the purchasers constructing a 5 foot high wall on the new boundary, the height being measured from ground level on the Committee's land, and that they would also be responsible for all legal costs involved.

Matters noted – financial transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 6th and 20th October, 1982 showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that the Housing Committee had accepted –

1. the lowest of eight tenders, namely that submitted by C.A. Mauger Limited in the sum of £121,866.64 in a contract period of 32 weeks for the conversion of Nos. 16½ and 17 Simon Place, St. Helier into one two-bedroomed flat and four one-bedroomed flats; and
2. the lowest of seven tenders, namely that submitted by R.B. Gant (Builders) Limited in the sum of £110,949.00 in a contract period of 30 weeks for the construction of six bedsitters at 33/35 Poonah Road, St. Helier .

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Draft Judicial Fees (Amendment No. 4) (Jersey) Regulations, 198 . P.148/82.

Presented by the Finance and Economics Committee.

2. Draft Limited Liability Companies (Registration Fees) (Amendment) (Jersey) Regulations, 198 . P.149/82.

Presented by the Finance and Economics Committee.

3. Draft Agricultural Marketing (Amendment No. 3) (Jersey) Law, 198 . P.150/82.

Presented by the Agriculture and Fisheries Committee.

The States decided to take the abovementioned subjects into consideration on 9th November, 1982.

Draft Public Holidays and Bank Holidays (Jersey) Act, 1982. P.143/82.

THE STATES acceded to the request of the President of the Legislation Committee that the draft Public Holidays and Bank Holidays (Jersey) Act, 1982 (lodged on 12th October, 1982) be moved from the last item of Public Business and considered as the first item of matters lodged at the present Sitting.

Draft Amendment (No. 4) to the Tariff of Harbour and Light Dues. P.141/82.

THE STATES acceded to the request of the President of the Harbours and Airport Committee that the draft Amendment (No. 4) to the Tariff of Harbour and Light Dues (lodged on 12th October, 1982) be considered on 16th November, 1982.

Providence Street/Phillips Street: approval of plans. P.121/82.

THE STATES acceded to the request of the Vice-President of the Housing Committee that the Proposition to approve plans relating to property in Providence Street, St. Helier (lodged on 14th September, 1982) be considered on 16th November, 1982.

Jersey Produced Milk. Questions and Answers.

Deputy David John de la Haye of St. Ouen asked Deputy Anthony John Perkins of St. Clement , Vice-President of the Agriculture and Fisheries Committee, the following questions –

"(1) Based on the average of the first six months of 1982,

can the Vice-President give the States the prices paid per pint of all retail grades of Jersey produced milk?

2. Can  the  Vice-President  give  the  States  the  prices paid per pint to producers in respect of all Jersey produced  milk,  excluding  the  incentive  bonus payments?
3. Can the Vice-President tell the States how much per pint is paid to producers from the incentive bonus payments?
4. Can the Vice-President tell the States, after adding together the answers to questions 2 and 3, what cost margin per pint is retained to operate the JerseyMilk Marketing Board?
5. Is  the  Vice-President  satisfied  that  breeders  and producers are adequately rewarded for their labours in the breeding of the famous Jersey cow and the industry of milk producing?

The  Vice-President  of  the  Agriculture  and  Fisheries Committee replied as follows –

"(1) The average price paid per pint of all retail grades of

Jersey produced milk for the first six months of 1982 is –

Full cream milk : 26 pence

2.5% milk : 25 pence

Trimline milk : 21 pence.

2. The average price paid per pint to producers for all Jersey produced milk, excluding the incentive bonus payments for the first six months of 1982 is –

Grade I milk : 11.75 pence

Grade II milk : 10.00 pence

Grade III milk : 7.50 pence.

3. The average  amount of incentive bonus payments per pint paid to producers who officially milk record their herds for the first 6 months of 1982 is –

0.880 pence.

4. This question cannot be answered by simply adding together the answers to 2 and 3 and subtracting the result from the answer to question 1 since not all the milk collected from producers by the Jersey Milk Marketing Board is sold to the retail trade as liquid milk. There is a surplus of milk collected above the requirements of the liquid milk market. This surplus has to be manufactured into milk products such as cream and butter at greatly reduced margins.
5. These questions appear to have been asked to identify the cost structure of the Jersey Milk Marketing Board with particular reference to the relationship between the return to the producer and the Dairy's other running costs.

Whilst the Committee recognises the problems facing the milk producers themselves, it must nevertheless point out that the Board was set up many years ago with the full support of the Island's producers. Although there was Committee representation on the Board its policies were effectively determined by the majority producer membership.

It is less than two years since the new Commercial Executive was appointed following an enquiry into the Board and the Committee is satisfied with the progress now being made towards achieving a more efficient operation at the Dairy. It would be foolhardy to suggest that the States should now accept responsibility for the mistakes of the past, and the present Committee has no intention of dwelling on this matter but intends rather to bring forward a comprehensive proposition which, with the support of the Commercial Executive, will improve matters further. The aim is to provide a quality product at a fair price to the consumer. If the Committee were to accept the latest proposals put forward on behalf of the producer and, in addition, all States aid was to be withdrawn, then the price of milk in this Island would be in the region of 29 pence a pint.

It is obvious that the situation would be totally unacceptable to the public and indeed to the States and so the objective must be to improve efficiency at the Dairy and on the farms in order that the industry may flourish.

The decision to support the Jersey breed is paramount in the Committee's plans for the future, but this cannot be realised without regard to cost. The Committee feels, therefore, that provided producers are willing to accept the changes necessary to safeguard the future of milk production then States aid will be forthcoming and its policy of seeking to meet the Island's total liquid milk demands from local supplies can continue to be pursued."

Special Employment Scheme for Winter 1982/83. Statement.

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

"1. The States will recall that, for the winters of 1980/81

and 1981/82, the Public Works Committee was asked to create and manage a special employment scheme for unemployed persons.

2. Towards the end of the summer, joint discussions took place between the Committee, the Social Security Committee and the Policy Advisory Committee which resulted in an agreement that a similar scheme should be prepared for the winter of 1982/83 and, more recently, discussions between the Committee, the Policy Advisory, the Social Security and the Finance and Economics Committees and the Supervisory Committee of Constables has finalised such a scheme which is broadly on similar lines to previous years.
3. At the end of September, 1982, the unemployment situation was encouraging in that the number of persons out of work was significantly lower than in 1981 at the same time but, by the middle of October, 1982, the number had increased by some 200 giving a total of slightly less than 500. On this basis, the Committee considers that there is a need for a special employment scheme for the forthcoming winter and therefore proposes to bring it into operation on Monday, 1st November, 1982.

4. There is remaining from the funds allocated for this purpose for 1982 an amount of approximately £80,000 and the Finance and Economics Committee has included within its estimates of revenue expenditure and income for 1983 the sum of £125,000.
5. It is anticipated that, initially, employment for the first eight week period could be offered to approximately 100 persons to carry out work which would not otherwise be undertaken or placed with others and the Committee intends to keep the situation under review so as to endeavour to introduce other work projects if the level of unemployment reaches proportions that it is considered desirable to employ greater numbers.
6. The intention is, as in the last year's scheme, to offer employment for a period of eight weeks on the basis of a 40 hour week at the rate of £1.90 per hour or £76.00 per week less Social Security contributions and that the total period covered by the scheme should be from 1st November, 1982, to approximately 31st March, 1983.
7. TheJob Centre of the Social Security Department will select persons for employment under the scheme and will submit to the Constables of the Island lists of those persons residing in their Parishes so that the Constables may signify those persons in respect of whom they would pay to the States the full welfare benefit due to a person participating in the scheme. It has been agreed that, where a Constable would not normally grant benefit to a native, the person concerned should be allowed to participate in the work scheme on the basis that his costs would be paid for out of central funds and not recovered from the Constable concerned. Although the intention isto provide work for eight week periods, it may be necessary to employ a small number of persons capable of performing chargehand duties in which event it would be intended that these persons should be appointed for the whole of the time that the scheme is operational."

Greville Bathe Fund – appointment of Trustees.

THE STATES, adopting a Proposition of the Finance and Economics Committee, approved the appointment of Jurat George Norman Simon, T.D., and Jurat Peter Gilroy Blampied as Trustees for the purpose of administering the income of the Greville Bathe Fund in place of Lester Vivian Bailhache who on 25th July, 1982, ceased to hold the office of Jurat, and Herbert Henry Le Quesne, Jurat, who died on 1st September, 1982.

Commissioners of Appeal for Income Tax.

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

1. approved the appointment as a Commissioner of Appeal for Income Tax for a three year period commencing 1st January, 1983, of Richard Raymond Grandin Gallichan, Esq., D.S.C.; and
2. approved the re-appointment as Commissioners of Appeal for Income Tax for a period of three years commencing 1st January, 1983, of –

Sir William Haley, K.C.M.G. Ryder Gardyne Maltwood, Esq. Philip Mauger de Veulle, Esq. Robert George Wood, Esq.

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

THE STATES rejected a Proposition of Deputy Maurice Clement Buesnel of St. Helier that the Road Traffic (Public Parking Places) (Amendment No. 11) (Jersey) Order, 1982, be annulled.

Members present voted as follows –

"Pour" (4)

Deputies

St. Martin , Buesnel(H), Grouville , Thorne (B).

"Contre" (36)

Senators

Vibert , Le Marquand, Jeune , Averty, Binnington, de Carteret, Ellis.

Connétable s

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

Deputies

Mourant(H), Morel (S), St. John , Quenault(B), Perkins(C), Roche(S), Le Brocq(H), Le Quesne(S), Trinity , Filleul(H), Vandervliet(L), St. Peter , Le Main(H), O'Connor(C), Rumboll(H), St. Mary , Beadle(B), Wavell(H), Blampied(H).

Public Holidays and Bank Holidays (Jersey) Act, 1982.

THE STATES, in pursuance of Article 2 of the Public Holidays and Bank Holidays (Jersey) Law, 1951, as amended, made an Act entitled the Public Holidays and Bank Holidays (Jersey) Act, 1982.

Policing of Parks (Amendment No. 3) (Jersey) Regulations, 1982.

THE STATES commenced consideration of the draft Policing of Parks (Amendment No. 3) (Jersey) Regulations, 1982 and adopted the Preamble.

Regulation 1 was adopted.

Regulation 2 was rejected. Members present voted as follows for Regulation 2 –

"Pour" (11)

Senator

de Carteret. Connétable s

St. John , St. Peter .

Deputies

Troy (S), Roche(S), Filleul(H), Vandervliet(L), O'Connor(C), St. Mary , Beadle(B), Thorne (B).

"Contre" (28) Senators

Vibert , Le Marquand, Jeune , Ellis. Connétable s

St. Ouen , St. Clement , St. Mary , Grouville , St. Saviour , Trinity , St. Brelade , St. Martin .

Deputies

Mourant(H), St. Ouen , Morel (S), St. John , Quenault(B), Perkins(C), Le Brocq(H), Le Quesne(S), Trinity , St. Martin , St. Peter , Le Main(H), Rumboll(H), Grouville , Wavell(H), Blampied(H).

Regulation 3, renumbered Regulation 2, was adopted.

THE STATES, in exercise of the power conferred upon them by the Order in Council of the twenty-sixth day of December, 1851, Article 49 of the Road Traffic (Jersey) Law, 1956, as amended, and the Policing of Road, Parks and Sea Beaches (Application of Fines) (Jersey) Law, 1957, as amended, made Regulations entitled the Policing of Parks (Amendment No. 3) (Jersey) Regulations, 1982.

Dutch Elm Disease.

THE STATES, having accepted an amendment of the Public Works Committee that in paragraph (a) after the words "all diseased elm trees" there should be deleted the words "whilst maintaining the marking of trees which are infected using the powers conferred by the Dutch Elm Disease (Jersey) Order, 1974," adopted a Proposition of that Committee and –

1. agreed that the Public Works Committee should discontinue the Dutch Elm Disease sanitation programme which involves the felling and burning at the cost of the public of all diseased elm trees;
2. agreed that the Public Works Committee should offer to the public a service at a cost to be determined by the Committee from time to time, involving the injection of healthy elm trees with Trichodermia in an endeavour to prevent the spread of Dutch Elm Disease, subject to the understanding that the Committee cannot guarantee results and that it may decline to treat any particular elm tree;
3. authorised the Public Works Committee to make available at the cost of the public from Vote No. 2043, whips or half-standard trees to the owners of infected elms which are felled by the owners on a one to one basis under conditions determined by the Committee from time to time;
4. agreed that a concentrated programme of tree planting on public and private land should be promoted, subject to satisfactory conditions in the case of private land, and that the cost of this work, and of providing ancillary amenities, should be met out of the balance of monies in Vote No. 2043 for 1982 and 1983.

Queen's Valley: sale of land.

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

1. approved the sale of approximately 25 vergées, 22 perch of land in St. Saviour and Grouville , together with the property Moulin de Haut, outlined in blue on Plan Ref: 19/C/63, to the Jersey New Waterworks Company Limited, required in connexion with the construction of a reservoir in Queen's Valley for a consideration of £72,000;
2. authorised the Attorney General and the Greffier of the States to pass the necessary contract in the matter;
3. authorised the Treasurer of the States to receive the requisite monies and to credit them to the Capital Fund Vote No. C.001 "Capital Receipts".

Christmas Bonus (Jersey) Regulations, 1982.

THE STATES, by virtue and in exercise of the powers conferred upon them by the Order in Council of the fourteenth day of April, 1884, made Regulations entitled the Christmas Bonus (Jersey) Regulations, 1982.

Health Insurance (Medical Benefit) (Amendment No. 21) (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. 21) (Jersey) Regulations, 1982.

THE STATES rose at 4.20 p.m.

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