States Minutes 5th October 1982

THE STATES assembled on Tuesday, 5th October, 1982 at 10.15 a.m. under the Presidency of the Bailiff , Sir Frank Ereaut.

_____

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

_____

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 John Philip de Carteret – out of the Island. Senator John Stephen Rothwell – out of the Island.

Hendricus Adolphus Vandervliet, Deputy of St. Lawrence – out of the Island.

Michael Walter Bonn, Deputy of St. Peter – out of the Island.

Terence John Le Main, Deputy of St. Helier – out of the Island.

_____

Prayers. _____

Subordinate legislation tabled.

The following enactment was laid before the States, namely –

Telecommunications  (Telegrams)  (Jersey) Order, 1982. R & O 7098.

Legislation Committee – appointment of member.

THE  STATES  appointed  Senator  John  William  Ellis  as  a member of the Legislation Committee in place of Senator Ralph Vibert .

253  [ Price : 50p.]

Postal Administration – Report of the Department for 1981. R.C.17/82.

The Committee for Postal Administration, by Act dated 14th September, 1982, presented to the States a Report of the Department of Postal Administration for the year 1981.

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

Report on Welfare Benefits from 1st October, 1982. R.C.18/82.

The Finance and Economics Committee, by Act dated 22nd September, 1982, presented to the States a Report setting out the revised dates of welfare benefits from 1st October, 1982.

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

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Draft Cremation (Amendment No. 13) (Jersey) Regulations, 198 . P.131/82.

Presented by the Public Health Committee.

2. Draft Ancillary Dental Workers (Amendment No. 2) (Jersey) Regulations, 198 . P.132/82. Presented by the Public Health Committee.
3. Draft Nursing Homes (Registration Fees) (No. 2) (Jersey) Regulations, 198 . P.133/82.

Presented by the Public Health Committee.

4. Draft Old Person's Homes (Registration Fees) (No. 2) (Jersey) Regulations, 198 . P.134/82. Presented by the Public Health Committee.

5. Draft Establishments for Massage or Special Treatment (Licensing Fees) (No. 2) (Jersey) Regulations, 198 . P.135/82.

Presented by the Public Health Committee.

THE STATES decided to take the abovementioned subjects into consideration on 19th October, 1982.

6. Review of States financial policy. P.136/82. Presented by Deputy Donald George Filleul of St. Helier .

Worship and Doctrine Measure. P.126/82.

THE STATES acceded to a request of the President of the Legislation Committee that the Proposition relating to Worship and Doctrine Measure (P.126/82 – lodged on 28th September, 1982) be taken into consideration on 19th October, 1982.

Fees paid by Limited Liability Companies and Deposit Taking Institutions. Statements of Finance and Economics Committee.

Senator Ralph Vibert , President of the Finance and Economics Committee made the following statements –

"1. Limited Liability Companies:

The Finance and Economics Committee wishes to make early announcement that, subject to agreement of the States, it proposes to increase with effect from 1st January, 1983 –

1. the judicial fee payable in respect of an application for registration of the Memorandum and Articles of Association or for registration of a Resolution to change the name of a limited liability company, from £50 to £100;
2. the judicial fee payable in respect of the forwarding, in accordance with Article 15 of the Companies (Jersey) Laws 1861 to 1968, of an annual return of a limited liability company other than a company whose income is exempted from income tax by virtue of clause (a) of Article 115 of the Income Tax (Jersey) Law, 1961 as amended, from £50 to £100;

3. the minimum registration fee payable in respect of applications to register the Memorandum of Association of a company or to register any increase in nominal authorised capital, from £25 to £50.

The fee for the forwarding of annual returns of limited liability companies was increased to £50 in 1973, and the minimum registration fee in respect of the incorporation of a company or any increase in authorised capital was last increased in 1974.

There has been liaison between the Committee and the Advisory and Finance Committee of the States of Guernsey on the nature of the proposed increase, it being generally agreed between the two Committees that in order to avoid the possibility of inducing companies to move between the two Bailiwicks, there should be little difference between the amount payable by limited liability companies in the two Islands.

The Committee also has had in mind the position of the Island vis-à-vis other offshore financial centres, but is of the view that having regard to the change in money values since the fees were last increased, and in the relationship between the fees charged by the States and those charged for professional services in connexion with the incorporation and administration of limited liability companies, the proposals are both reasonable and not expected to lessen the attractions of the Island as a location for the reputable business that the Committee would wish to secure.

The increased fees proposed are expected to increase the income from these sources by approximately £1 million a year. The relevant legislation will be presented to the House in due course.

2.  Deposit Taking Institutions:

The Finance and Economics Committee wishes to make early announcement that it proposes, subject to the agreement of the States, to increase the sum payable on application for registration as a deposit taking institution under the Depositors and Investors (Prevention of Fraud) (Jersey) Law, 1967, as amended, from the present £1,000 to £5,000 with effect from 1st February, 1983.

The fee was last increased in 1978, and the Committee believes the fee now proposed is reasonable having regard both to changed money values, and the work involved in the effective supervision of deposit taking institutions registered in the Island.

The increased fee is expected to increase the income from this source in 1984 by approximately £170,000. The relevant legislation will be presented to the House in due course."

Energy Conservation in the Public Sector. Statement of Resources Recovery Board.

Deputy John Le Gallais of St. Saviour , President of the Resources Recovery Board, made a statement in the following terms –

"Members will recall that in the course of the In Committee' discussion on Economic Policy held earlier this year, I spoke of the need to control expenditure on energy.

My Committee has been making preparations to give effect to this objective and now seeks the help of other Committees of the States in a concerted effort to reduce energy expenditure in the public sector with the advent of the coming heating season.

Annual expenditure by the States on energy is of the order of £2.5 million, but there seems to be little specific budgetary control exercised over this large sum. Price is largely affected by circumstances beyond local control but a great deal can be done to effect economy in consumption of energy.

A State Energy Management Group has been formed, comprising senior officers of major Committees and this group is working to introduce a system of budgetary control on energy expenditure in the public sector.

With the assistance of National Industrial Fuel Efficiency Services Limited – a United Kingdom organisation – reasonable norms' of energy consumption are being established and these are expressed in terms of energy consumed per unit of office space and per occupant of office space.

Actual consumption will be measured against these norms' and anomalies subjected to further investigation. The initial approach is essentially non-technical but serves to identify areas where technical problems may exist. When these are identified, appropriate action will be taken.

These methods have, with the ready co-operation of the Hospitals Administration and Engineering staff, been applied to buildings in the Hospitals Group and the Board wishes to encourage in other Committees the same open responses that have been demonstrated by the Hospital Engineers.

My Board is of the opinion that a maximum temperature of 19C in public buildings is adequate for space heating and recommends the adoption of this standard. Members may know that in the United Kingdom this is the legal limit on temperature in non- domestic accommodation, but I hope that a measure of self-discipline will avoid the need for statutory restraints to be introduced in Jersey.

Systematic control of energy requires a regime of regular recording of energy consumption. In order that this may be achieved some expenditure on equipment may be necessary to achieve effective metering. The Energy Management Group and N.I.F.E.S. Limited are looking into this.

It is to you, the Members of this House, however, that my remarks are particularly directed. Without political interest, political will and political direction it will be difficult to effect these necessary economies. I urge all Members of this House and in particular Committee Presidents, to concern themselves directly in the promotion of energy conservation in their Departments.

It remains the policy of my Board that the Public Sector has a responsibility to take the lead in the practice of restraint in energy consumption."

Insurance Business (Jersey) Law, 1982.

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

Amendment (No. 6) to Standing Orders relating to certain transactions in land.

THE STATES, in pursuance of Article 27 of the States of Jersey Law, 1966, as amended, made Standing Orders entitled Amendment (No. 6) to Standing Orders relating to certain transactions in land.

Telecommunications Board: Privatisation.

THE STATES rejected a Proposition of Senator Richard Joseph Shenton that the Policy Advisory Committee be instructed to consider the practicability of selling off to the public 49% of the assets of the Telecommunications Board and report thereon to the States.

Members present voted as follows –

"Pour" (20)

Senators

Shenton, Horsfall, Ellis.

Connétable s

St. Ouen , Grouville , St. Brelade , St. Lawrence .

Deputies

St. Ouen , Le Maistre(H), Perkins(C), Troy (S), Filleul(H), O'Connor(C), Le Fondré(L), Buesnel(H), Grouville , St. Mary , Thorne (B), Wavell(H), Blampied(H).

"Contre" (22)

Senators

Vibert , Binnington, Sandeman.

Connétable s

St. Helier , St. Mary , St. Saviour , St. John , Trinity , St. Martin , St. Peter .

Deputies

Mourant(H), Morel (S), St. John , Quenault(B), Le Gallais(S), Roche(S), Le Brocq(H), Le Quesne(S), Trinity , St. Martin , Farley(H), Rumboll(H).

Separation and Maintenance Orders (Maintenance Payments) (Amendment) (Jersey) Regulations, 1982.

THE STATES, in pursuance of the Separation and Maintenance Orders (Jersey) Law, 1953, as amended, made Regulations entitled the Separation and Maintenance Orders (Maintenance Payments) (Amendment) (Jersey) Regulations, 1982.

Matrimonial Causes (Amendment No. 6) (Jersey) Law, 1982.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Matrimonial Causes (Amendment No. 6) (Jersey) Law, 1982.

THE STATES rose at 3.20 p.m.

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