States Minutes 15th March 1983

THE STATES assembled on Tuesday, 15th March, 1983 at 10.15 a.m. under the Presidency of the Bailiff , Sir Frank Ereaut.

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All members were present with the exception of –

Senator John Le Marquand – ill.

Senator Richard Joseph Shenton – out of the Island. Senator John Clark Averty – out of the Island. Senator Jane Patricia Sandeman – out of the Island. Senator John Philip de Carteret – out of the Island. Senator Pierre François Horsfall – out of the Island. Senator John Stephen Rothwell – out of the Island.

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

Richard Francis O'Connor, Deputy of St. Clement – ill. John Philip Farley, Deputy of St. Helier – out of the Island.

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Prayers. _____

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, 1983. R & O 7153.
2. Health  Insurance  (Pharmaceutical  Benefit) (Prescribed  List)  (Amendment  No. 13)  (Jersey) Order, 1983. R & O 7154.
3. Health Insurance (Pharmaceutical Benefit) (General Provisions)  (Amendment  No. 14)  (Jersey)  Order, 1983. R & O 7155.

73  [ Price : 75p.]

Gambling Control Committee – resignation of President.

THE STATES accepted the resignation of Deputy Jack Roche of St. Saviour as President of the Gambling Control Committee.

Gambling Control Committee – vacancy in Presidency.

In accordance with Article 28(3) of the States of Jersey Law, 1966, the Bailiff gave notice that there was a vacancy in the office of President of the Gambling Control Committee.

Housing Committee – resignation of President.

THE STATES accepted the resignation of Senator Jane Patricia Sandeman as President of the Housing Committee.

Housing Committee – vacancy in Presidency.

In accordance with Article 28(3) of the States of Jersey Law, 1966, the Bailiff gave notice that there was a vacancy in the office of President of the Housing Committee.

Public Lotteries Report 1982. R.C.10/83.

The Gambling Control Committee by Act dated 1st March, 1983, presented to the States its Report on Public Lotteries promoted and conducted during 1982.

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

Medical Officer of Health – Report for 1981.

The Public Health Committee by Act dated 10th January, 1983, presented to the States the Report of the Medical Officer of Health for the year 1981.

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

Social Security Report and Accounts 1982.

The Social Security Committee by Act dated 11th January, 1983, presented to the States its Report and Statement of Accounts for the year ended 30th September, 1982.

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

Contingencies Vote of Credit – Defence Committee.

THE STATES noted an Act of the Finance and Economics Committee dated 9th March, 1983, informing the House that it had made available to the Defence Committee the sum of £3,100 from the Contingencies Vote of Credit to enable that Committee to meet the legal costs incurred in a recent Court case concerning the pension scheme of the States Police Force.

Health Service Cards: photographs. Report P.37/83.

The Social Security Committee by Act dated 10th March, 1983, presented to the States a Report on the Proposition of Deputy Terence John Le Main of St. Helier regarding photographs for Health Service cards (P.9/83).

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

Matters noted – land transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 1st and 9th March, 1983, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Tourism Committee, the assignment of the unexpired portion of the lease from Messrs. Charles Cyril Parker and Charles Michael Parker to Messrs. John Alexander Black and John Francis Lane of West Park Café, St. Helier ;

2. as recommended by the Island Development Committee, the leasing from Mrs. Marguerite Le Boutillier Le Gresley, née Benest, of an area of land forming a disused quarry at La Pulente Hill, St. Brelade , delineated on Plan No. 2602/1, for a period of nine years commencing 25th December, 1982, at an annual rent of £5, the total rent to be paid following the signing of the agreement, required for the improvement of the disused quarry including the creation of a small viewing area;
3. as recommended by the Public Works Committee, the ceding free of charge by Mrs. Hazel Filleul, née Le Tourneaux, of 218 square feet of land at Tremont Villa, Grouville , required for road improvement purposes, subject to the legal expenses involved being paid by the public of the Island;
4. as recommended by the Public Works Committee, the ceding free of charge by Charles Le Quesne (1956) Limited of 2,300 square feet of land at Côte d'Or, La Rocque, required for road improvement purposes, including the provision of a footpath and to pay £2,000 towards the cost (£10,000) of the accommodation works, involving the setting back and reconstruction of a wall in consideration of being granted the facility for surface water from their development at Côte d'Or to connect into the existing surface water drainage system in the area, the company to be responsible for the payment of its own costs in connexion with the preparation of a contract;
5. as recommended by the Public Works Committee, the purchase from Wonsco Properties Limited of 526 square feet of land on the corner of Dumaresq Street and Union Street forming part of the property known as Wellington House, Union Street, St. Helier , required for road improvement purposes, for a consideration of £1,500, namely £2.85 a square foot, plus the cost of paving at £1,360.33 and the legal costs involved being paid by the public of the Island;

6. as recommended by the Public Works Committee, the sale to the Jersey New Waterworks Company Limited of an area of public land situated close to the Val de la Mare reservoir, known as La Pièce Carrel, La Demi Verge, Field 1668, Mont Rossignol, St. Ouen , measuring approximately 5 vergées, at the rate of £650 a vergée;
7. as recommended by the Public Works Committee, the passing with Mr. John Barry Eloie of a Contrat de Bornement to regularise the boundary between his property Blanches Banques, St. Brelade , formerly known as 17, Elizabeth Avenue, and the Railway Walk, and allowing Mr. Eloie to keep the gate and the right of access over the land owned by the States;
8. as recommended by the Agriculture and Fisheries Committee, the renewal of the lease to Mr. Donald John Le Sech of the property La Grande Maison, St. Catherine, St. Martin , for a period of three years with effect from 25th December, 1982, at an annual rent of £2,200.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Draft Housing (General Provisions) (Amendment No. 7) (Jersey) Regulations, 198 . P.31/83. Presented by the Housing Committee.
2. Draft Currency Notes (Variation of Maximum Amounts of Issue) (Jersey) Regulations, 198 . P.32/83.

Presented by the Finance and Economics Committee.

3. Disposal of Agricultural Waste. P.33/83. Presented by the Agriculture and Fisheries Committee.
4. Purchase of Field 107, Maufant, St. Saviour . P.34/83.

Presented by the Island Development Committee.

5. Draft Customary Law Amendment (No. 2) (Jersey) Law, 198 . P.35/83.

Presented by the Legislation Committee.

6. Draft Protection of Employment Opportunities (Jersey) Law, 198 . P.36/83.

Presented by the Defence Committee.

The following subject was lodged "au Greffe" on 8th March,

1983 –

Projet de Règlement (198 ) sur le marquage d'oeufs. P.30/83.

Presented by the Agriculture and Fisheries Committee.

THE STATES decided to take the above-mentioned subjects into consideration on 12th April, 1983.

Housing Assistance for States' Employees: Amendment. P.20/83.

THE STATES acceded to the request of the Vice-President of the Establishment Committee that the Proposition to amend the Act of the States concerning housing assistance for States employees (lodged on 1st February, 1983) be considered on 12th April, 1983.

Draft Maincrop Potato Marketing Scheme (Amendment No. 3) (Jersey) Act, 198 . P.21/83.

THE STATES acceded to the request of the Vice-President of the Agriculture and Fisheries Committee that the draft Maincrop Potato Marketing Scheme (Amendment No. 3) (Jersey) Act, 198 (lodged  on  22nd  February,  1983)  be  considered  on  12th  April, 1983.

Health Insurance Scheme: Report and Proposition. P.161/82.

THE STATES acceded to the request of the President of the Social Security Committee that the Proposition regarding the Health Insurance Scheme (lodged on 23rd November, 1982) be considered on 31st May, 1983.

Health Insurance Exception Scheme: extension. P.29/83.

THE STATES acceded to the request of the President of the Social Security Committee that the Proposition regarding the extension of the Health Insurance Exception Scheme (lodged on 1st March, 1983) be considered on 31st May, 1983.

Milk yields. Questions.

Deputy Hendricus Adolphus Vandervliet of St. Lawrence asked Deputy Anthony John Perkins of St. Clement , Vice-President of the Agriculture and Fisheries Committee, the following questions –

"1. Can the President inform the House of the average

gross profit margin for cows and heifers-in-milk as available from the Farm Secretarial Service?

2. Can the President give the range from the lowest to the highest as an average in the various herds?
3. Will the President order analyses to be made of the inputs and outputs in herds of both extremes so that management factors may be assessed?"

The Vice-President of the Agriculture and Fisheries Committee informed the House that the questions would be answered at the next Sitting of the States.

Housing permits for essentially employed teachers. Questions and answers.

Deputy Graham Douglas Thorne of St. Brelade asked Senator Reginald Robert Jeune , President of the Education Committee, the following questions –

"Arising from the reply by the President of the Housing Committee to Deputy Maurice Clement Buesnel's questions on essentially employed persons, i.e., twelve teachers were allowed permits in 1981 and twelve in 1982 –

1. Could the President inform the Assembly what positions these teachers were employed in?
2. Were all these positions advertised locally?
3. If so,

1. how many local people applied for these positions?
2. how many people or what percentage of these applicants for these positions were interviewed?

4. How many teaching positions were filled by local applicants in –

1. 1981; (b) 1982?"

The President of the Education Committee replied as follows –

"1. (a) The housing permits referred to by the

President of the Housing Committee were, with two exceptions, permissions to lease accommodation. The exceptions were the approval to purchase given to the Headmistress of Jersey College for Girls and the approval to a teacher who came to the Island before the present housing policy was established.

2. In 1981 the twelve permits were issued to –

5 teachers on Scale I teaching Pottery, Needlework, Music, Cookery and in Primary Education

5 teachers on Scale II teaching German, Humanities and Music(3)

1 teacher on Scale III teaching Physical Education

1 Headteacher.

3. The teachers took up their appointments inJerseyin 1973, 1975, 1977(2), 1978, 1979 and 1981(6). The Education Committee employs 10 of the teachers; two are employed at a private school.
4. In 1982 the twelve permits were issued to –

8 teachers on Scale I teaching French, English, Science, Economics, Special Education (for the handicapped), Craft Design Technology (2), and in Primary Education

3 teachers on Scale II teaching Science, Humanities and in Primary Education

The remaining teacher has left the Island.

5. The teachers took up their appointments inJerseyin 1976(2), 1977, 1980 and 1982(8).
6. The Education Committee employs 11 of the teachers; one was employed at a private school.
7. It will be seen that of the 24 permits issued, 10 were issued to teachers who had taken up post before 1981.

2. All posts filled by the teachers to whom permits were issued were advertised locally in accordance with the Committee's policy. That policy allows advertisement outside the Island only with the specific approval of the Education Committee. Every case is considered by the Committee and full account is taken of the response to local advertisement before approval is given.
3. Of the posts filled in 1981 and 1982 only three local advertisements resulted in local applicants. Of 11 local applicants, eight were interviewed –

Four for the Headship of Jersey College for Girls

One for the post at Victoria College, and

Three for the post at a private school.

No local applicants were judged suitable for the appointments.

4. In schools under the administration of the Education Committee 92 local applicants were appointed in 1981 and 133 in 1982."

Trial Bus Scheme for Schoolchildren. Statement.

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

"My Committee had hoped that its Traffic Report would by now have been debated and its conclusions be in the course of activation; delays have been caused, however, by the need to consider arguments put forward by other Committees as a result of which our Officers have only just reached the end of their investigations and will be reporting to us shortly.

In the meantime the Trial Period of the School Bus Scheme is about to reach its conclusion, and the Committee has in its hands a report giving recommendations for the future. This Report, however, is a part of the evidence gathered by the Committee in the context of the Traffic Report and it is not in my view a good idea to present it out of this context.

Therefore, I do not propose to say more today than that the  Scheme  must terminate at the end of its expected experimental period and because no further funds have been allocated to support its further extension.

The Committee accepts that the scheme has been popular has to say that in terms of traffic reduction it cannot be said to be cost-effective, but that the proper time for detailed consideration of its future place in the structure of Jersey traffic and transport planning will be the Traffic Debate. This will now take place soon after the Easter recess and I ask the House to accept this short delay in summing up the Bus Scheme results."

Court of Appeal (Remuneration of Ordinary Judges) (Jersey) Act, 1983.

THE STATES, in pursuance of Article 6 of the Court of Appeal (Jersey) Law, 1961, made an Act entitled the Court of Appeal (Remuneration of Ordinary Judges) (Jersey) Act, 1983.

Bellozanne Valley – lease of land to Picot and Rouillé Ltd.

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

1. approved the leasing of an area of land at Bellozanne Valley, administered by the Resources Recovery Board and shown on Drawing No. G.984 to Picot and Rouillé Limited for the purpose of receiving, processing and exporting from the Island, of scrap metals, for a period of nine years commencing 25th December, 1982, at an annual rent of £16,000, the rent to be reviewed at the 3rd and 6th year;
2. approved the payment of a subsidy for the processing and export of "fragmentised light metal";
3. authorized the Greffier of the States to sign the necessary agreement;
4. authorized the Treasurer of the States to receive the rent as it became due.

Driving Disqualification (Non-Motoring Offences) (Jersey) Law, 1979 (Appointed Day) Act, 1983.

THE STATES, in pursuance of Article 3 of the Driving Disqualification (Non-Motoring Offences) (Jersey) Law, 1979, made an Act entitled the Driving Disqualification (Non-Motoring Offences) (Jersey) Law, 1979 (Appointed Day) Act, 1983.

Community Service Officer.

THE STATES, adopting a Proposition of the Prison Board, approved the appointment of a Community Service Officer.

Road Traffic Legislation: amendments.

THE STATES continued consideration of the Proposition of Deputy Terence John Le Main of St. Helier to amend the Road Traffic Legislation and, adopting an amendment of the Defence Committee that in paragraph (b) for the words "three years with no review of the period of disqualification during those three years" there should be substituted the words "eighteen months" and for the words "ten years with provision for review after five years" there should be substituted the words "three years", adopted paragraph (b) of the Proposition and charged the Defence Committee to present to the States an amendment to Article 16 of the Road Traffic (Jersey) Law, 1956, as amended, to provide that on conviction for a first offence of being drunk in charge of a motor vehicle a person must be disqualified from holding a driving licence for a period of eighteen months and to provide that a second conviction for a similar offence would entail disqualification for a period of three years.

Milk (Sale to Special Classes) (Jersey) Regulations, 1983.

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 Milk (Sale to Special Classes) (Jersey) Regulations, 1983.

Shell-Fish (Underwater Fishing) (Jersey) Regulations, 1983.

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 Shell-Fish (Underwater Fishing) (Jersey) Regulations, 1983.

Agricultural Land (Control of Sales and Leases) (Amendment No. 2) (Jersey) Law, 1983.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Agricultural Land (Control of Sales and Leases) (Amendment No. 2) (Jersey) Law, 1983.

Falkland Islands. Statement.

The President of the Finance and Economics Committee informed the House that following the statement which he had made on 15th February, 1983, about the gift to the Falkland Islands, Her Majesty's Government had suggested that the Insular Authorities might agree that the balance of the gift should be used to build a new deep-water jetty at Port Stanley, the cost of which was expected to be about £4.75 million. The Jetty would be a self- contained feature of the Harbour and the people of the Falklands would appreciate the privilege of naming it the Jersey Jetty.

The suggestion had been discussed with the Presidents of Committees who had indicated their support therefor and the Bailiff had been asked to inform Her Majesty's Government accordingly.

THE STATES rose at 12.20 p.m.

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