States Minutes 17th January 1984

THE STATES assembled on Tuesday, 17th January, 1984 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. _____

All members were present with the exception of –

Leonard René Hamel, Connétable of St. Clement – ill. Mrs. Enid Clare Quenault, Deputy of St. Brelade – ill.

Mrs. Margaret Sylvia Rose Beadle, Deputy of St. Brelade – out of the Island.

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Prayers read by Greffier. _____

Tribute to Mr. T.G. Billot, former Connétable of St. Martin .

The Bailiff paid tribute to the late Mr. Thomas George Billot, Connétable of St. Martin from 1963 to 1972. The States observed one minute's silence as a mark of respect.

Visitors from Barbados.

The Bailiff , on behalf of Members of the States, welcomed to the House members of the National Insurance Board of Barbados.

Subordinate legislation tabled.

The  following  enactments  were  laid  before  the  States, namely –

1. Road  Traffic  (Saint  Brelade)  (Amendment  No. 7) (Jersey) Order, 1983. R & O 7245.
2. Post  Office  (General  Provisions)  (Amendment No. 17) (Jersey) Order, 1983. R & O 7246.

1   Price : £1.50.

3. Post Office (Foreign Post Provisions) (Amendment No. 7) (Jersey) Order, 1983. R & O 7247.
4. Motor Traffic (Road Service Licences) (Amendment) (Jersey) Order, 1983. R & O 7248.
5. Amendment (No. 5) to the Tariff of Harbour and Light Dues. R & O 7249.
6. Merchant Shipping (Small Ships Register) (Jersey) Order, 1983. R & O 7250.

Explosives – code of requirements.

The Defence Committee by Act dated 15th December, 1983, presented to the States amended pages to the Explosives – Code of Requirements, second edition.

Health Insurance Fund – Report of the Government Actuary on the financial condition as at 30th September, 1982. R.C.1.

The Social Security Committee by Act dated 15th December, 1983, presented to the States the Report of the Government Actuary on the financial condition of the Health Insurance Fund as at 30th September, 1982.

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

Derelict Glasshouse sites. R.C.2.

The Island Development Committee by Act dated 16th December, 1983, presented to the States a Report on Planning Policy on derelict, disused and uneconomic glasshouse sites.

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 14th December, 1983, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Resources Recovery Board, the cancellation of the present lease of the public land at Beaumont, St. Peter , being the site of the bungalow known as Ramadi' and notified to the States on 30th July, 1975, which would expire on 30th July, 1984, and the entering into of a contract with Miss Sandra Anne Burrows for a new nine year lease with effect from 1st January, 1984, at a commencing rent of £390 a year, subject to a rent review every three years and a clause providing for the Board's repossession of the land, on giving six months' notice to the tenant, if it were required for public purposes;
2. as recommended by the Resources Recovery Board, the passing of a contract with Mrs. Caroline Rose Stansfield-Huelin, née Miles , for the construction by the Board of a retarding basin on her land at La Becquetterie, St. Clement , free of charge, subject to all legal fees and other costs being paid by the Board.

Matters noted – financial transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 14th December, 1983 and 11th January, 1984, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that –

1. the Education Committee had accepted the lowest of nine tenders, namely that submitted by A.C. Mauger

& Son (Sunwin) Ltd. in the sum of £335,321.00 in a contract period of 36 weeks for the extension to the Highlands College Catering Block; and

2. the Housing Committee had accepted the lowest of eight tenders, namely that submitted by B.R. Druce Limited in the sum of £122,854.43 in a contract period of 34 weeks for the redevelopment of 29 Columbus Street, St. Helier .

Matters lodged.

The following subjects were lodged "au Greffe" –

1. States Rental Accommodation: policy. P.4/84. Presented by the Housing Committee.
2. Draft Family Allowances (Jersey) Regulations, 198 . P.5/84.

Presented by the Social Security Committee. The States decided to take this subject into consideration on 31st January, 1984.

3. Lease of 10 Hill Street, St. Helier . P.6/84. Presented by the Public Works Committee. The States decided to take this subject into consideration on 31st January, 1984.

The following subject was lodged "au Greffe" on 20th December, 1983 –

Interest subsidies to the Agricultural Industry: continuation and extension. P.165/83.

Presented by the Agriculture and Fisheries Committee.

The following subjects were lodged "au Greffe" on 27th December, 1983 –

1. Draft Employment Agencies (Registration) (Amendment) (Jersey) Law, 198 . P.166/83. Presented by the Social Security Committee.
2. Draft Safeguarding of Workers (Amendment No. 4) (Jersey) Law, 198 . P.167/83.

Presented by the Social Security Committee.

3. Draft Attendance Allowances (Amendment No. 2) (Jersey) Law, 198 . P.168/83.

Presented by the Social Security Committee.

4. Draft Health Insurance (Amendment No. 5) (Jersey) Law, 198 . P.169/83.

Presented by the Social Security Committee.

5. Draft Employers' Liability (Compulsory Insurance) (Amendment) (Jersey) Law, 198 . P.170/83.

Presented by the Social Security Committee.

6. Draft Employers' Liability (Compulsory Insurance) (Authorised Insurer) (Jersey) Regulations, 198 . P.171/83.

Presented by the Social Security Committee.

7. Maincrop Potato Marketing Scheme: proposed amendments. P.172/83.

Presented by Deputy Hendricus Adolphus Vandervliet of St. Lawrence .

The following subjects were lodged "au Greffe" on 3rd January, 1984 –

1. Family Allowance Tribunal: Appointment. P.1/84.

Presented by the Social Security Committee.

2. Health Services Disciplinary Tribunal: Appointment. P.2/84.

Presented by the Social Security Committee.

3. States Rental Accommodation: increase in maximum rents (P.154/83): Amendment. P.3/84. Presented by Deputy Ernest Richard Rumboll of St. Helier .

Arrangement of Public Business for Spring Session.

THE STATES decided to take the undermentioned subjects into consideration on –

17th January, 1984

Finance (Jersey) Law, 198 . P.155/83. Lodged: 30th November, 1983 in 2nd Reading. Finance and Economics Committee.

States Rental accommodation: increase in maximum rents. P.154/83.

Lodged: 22nd November, 1983.

Housing Committee.

States Rental Accommodation: Increase in Maximum Rents (P.154/83): Amendment. P.3/84.

Lodged: 3rd January, 1984.

Deputy R.E.R. Rumboll of St. Helier .

Draft Cremation (Amendment) (Jersey) Law, 1980 and Cremation (Amendment No. 2) (Jersey) Law, 1983 (Appointed Day) Act, 198 . P.156/83.

Lodged: 6th December, 1983.

Public Health Committee.

St. Mary 's and St. Peter 's Church, Presbytery & Schools acquisition. P.157/83.

Lodged: 6th December, 1983.

Island Development Committee.

Fort Regent Development Committee – General Overheads – Premises: supplementary vote of credit. P.164/83.

Lodged: 13th December, 1983.

Finance and Economics Committee.

Interest subsidies to the Agricultural Industry: continuation and extension. P.165/83.

Lodged: 20th December, 1983.

Agriculture and Fisheries Committee.

Draft Employment Agencies (Registration) (Amendment) (Jersey) Law, 198 . P.166/83.

Lodged: 27th December, 1983.

Social Security Committee.

Draft Safeguarding of Workers (Amendment No. 4) (Jersey) Law, 198 . P.167/83.

Lodged: 27th December, 1983.

Social Security Committee.

Draft Attendance Allowances (Amendment No. 2) (Jersey) Law, 198 . P.168/83.

Lodged: 27th December, 1983.

Social Security Committee.

Draft Health Insurance (Amendment No. 5) (Jersey) Law, 198 . P.169/83.

Lodged: 27th December, 1983.

Social Security Committee.

Draft Employers' Liability (Compulsory Insurance) (Amendment) (Jersey) Law, 198 . P.170/83.

Lodged: 27th December, 1983.

Social Security Committee.

Draft Employers' Liability (Compulsory Insurance) (Authorised Insurer) (Jersey) Regulations, 198 . P.171/83. Lodged: 27th December, 1983.

Social Security Committee.

Family Allowance Tribunal: Appointment. P.1/84. Lodged: 3rd January, 1984.

Social Security Committee.

Health Services Disciplinary Tribunal: Appointment. P.2/84.

Lodged: 3rd January, 1984.

Social Security Committee.

31st January, 1984

Richmond Road, St. Helier : rezoning of land for residential development. P.103/83.

Lodged: 5th July, 1983.

Island Development Committee.

7th February, 1983

Draft Maincrop Potato Marketing Scheme (Amendment No. 4) (Jersey) Act, 198 . P.160/83.

Lodged: 13th December, 1983.

Agriculture and Fisheries Committee.

Maincrop Potato Marketing Scheme: proposed amendments. P.172/83.

Lodged: 27th December, 1983.

Deputy H.A. Vandervliet of St. Lawrence .

14th February, 1984

Payment of Annual Allowance to States Members. P.161/83.

Lodged: 13th December, 1983.

Deputy H.A. Vandervliet of St. Lawrence .

No dates were fixed for the following –

Draft Fishing Vessels (Safety Provisions) (Jersey) Regulations, 198 . P.66/81.

Lodged: 9th June, 1981.

Harbours and Airport Committee.

Draft Fishing Vessels (Manning) (Jersey) Regulations, 198 . P.71/81.

Lodged: 16th June, 1981.

Harbours and Airport Committee.

Petition with regard to the Sentencing of Persons Convicted in the Police Court. P.80/82.

Lodged: 8th June, 1982 and referred to the Legislation Committee.

Deputy R.W. Blampied of St. Helier . (Reports of Legislation Committee – P.101/83 refers.)

Draft States of Jersey (Amendment No. ) Law, 198 . P.157/82.

Lodged: 16th November, 1982.

Deputy T.J. Le Main of St. Helier . (Report of Legislation Committee refers – P.57/83.)

Payment of Income Tax. P.10/83.

Lodged: 25th January, 1983.

Deputy  T.J.  Le Main  of   St. Helier .  (Report  of  Finance  and Economics Committee. P.112/83 refers.)

Fort Regent: privatisation. P.28/83. Lodged: 1st March, 1983.

Deputy M.C. Buesnel of St. Helier .

Health Insurance Exception Scheme: Extension. P.29/83. Lodged: 21st March, 1983. Paragraph (ii) deferred.

Social Security Committee. (Report of Finance and Economics Committee P.58/83 refers.)

Rezoning of land in Grouville for residential development. P.96/83.

Lodged: 21st June, 1983.

Island Development Committee.

Draft Policing of Parks (Amendment No. 4) (Jersey) Regulations, 198 . P.105/83.

Lodged: 12th July, 1983.

Public Works Committee.

Les Mielles – transfer of responsibility. P.108/83. Lodged: 19th July, 1983.

Connétable of St. Ouen .

Potential Building Sites. P.116/83. Lodged: 9th August, 1983.

Deputy E.C. Quenault of St. Brelade .

Attendance Allowance Board: appointment. P.148/83. Lodged: 15th November, 1983, debated and referred back 13th December, 1983.

Social Security Committee.

Link road to Bellozanne: covenant on land. P.158/83. Lodged: 6th December, 1983.

Public Works Committee.

Dummy Lane, St. Helier – acquisition. P.159/83. Lodged: 6th December, 1983.

Housing Committee.

Island Development Committee – Soil and Land Classification Map: supplementary vote of credit. P.163/83. Lodged: 13th December, 1983.

Finance and Economics Committee.

Awaiting Reports

Draft Amendment (No. 10) to the Standing Orders of the States of Jersey. P.84/80.

Lodged: 10th June, 1980 and referred to Legislation Committee.

Deputy N.S. Le Brocq of St. Helier .

Purchase of Aviation (Jersey) Ltd. site at Rue des Près. P.23/83.

Lodged: 22nd February, 1983 and referred to the Island Development Committee.

Deputy T.J. Le Main of St. Helier .

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

Lodged: 15th March, 1983.

Articles 2, 3, 5 and 7 referred back in Second Reading. Defence Committee.

Draft Protection of Employment Opportunities (Jersey) Law, 198 : amendments. P.47/83.

Lodged: 29th March, 1983 and referred to Defence Committee.

Connétable of St. Saviour .

Public Safety Zone: compensation on sale of properties. P.70/83.

Lodged: 17th May, 1983 and referred to the Island Development and Harbours and Airport Committees.

Deputy M.W. Bonn of St. Peter .

Public Safety Zone: compensation for development refusal. P.71/83.

Lodged: 17th May, 1983 and referred to the Harbours and Airport Committee.

Deputy M.W. Bonn of St. Peter .

Subjects lodged "au Greffe" – withdrawn.

THE STATES noted that the Proposers had withdrawn the following subjects lodged "au Greffe" –

Draft Service of Process and Taking of Evidence (Amendment) (Jersey) Law, 198 . P.21/82.

Lodged: 23rd February, 1982.

Legislation Committee.

Health Service Cards: photographs. P.9/83.

Lodged: 25th January, 1983.

Deputy T.J. Le Main of St. Helier . (Report of Social Security Committee – P.37/83 refers.)

Draft Motor Traffic (Amendment No. 14) (Jersey) Law, 198 . P.135/83.

Lodged: 11th October, 1983.

Defence Committee.

Disposal of Industrial Sites at La Collette. P.142/83. Lodged: 25th October, 1983.

Island Development Committee.

Education Committee – Grant to Arts Council. Deferred Supply. P.162/83.

THE STATES acceded to the request of the President of the Finance and Economics Committee that the Proposition relating to a grant by the Education Committee to the Arts Council – Deferred Supply (P.162/83 – lodged on 13th December, 1983) be considered on 7th February, 1984.

Traffic Plan: Queen's Road/Rouge Bouillon junction. P.99/83.

THE STATES, having rejected the proposition of the President of the Public Works Committee that no date be fixed, acceded to the request of Senator Richard Joseph Shenton that the Proposition relating to the Queen's Road/Rouge Bouillon junction in connection with the St. Helier Traffic Plan (P.99/83 – lodged on 28th June, 1983) be considered on 14th February, 1984.

Thrift Clubs: Question and answer.

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

"Following the recent events in relation to certain Thrift Clubs, will the President consider the advisability of regulating the activities of such Clubs with a view to protecting the depositors?"

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

"Thrift Clubs of the type to which Deputy Buesnel refers have existed in the Jersey licensed trade for many years and for the most part have been operated satisfactorily and to the benefit of the members concerned. They are not required to be registered under the Depositors and Investors (Prevention of Fraud) (Jersey) Law, 1967, as the persons responsible for them are not, to use the phrase set out in the Law, carrying on the business of accepting money for the purposes of investment on deposit'. Members of Thrift Clubs are therefore not depositors. They entrust the custody of their funds, through a Thrift Club, with a person who acting as a trustee holds those funds for the benefit of the members. If a trustee appropriates to himself the funds he holds in trust for the Club members, he is guilty of the offence of fraudulent conversion to his own use of monies entrusted to him by others and it is quite clear that a person who absconds with Thrift Club monies would be guilty of a punishable criminal offence. The police and the Attorney General are therefore in a position to pursue offenders in this connection.

To attempt to prevent offences of this nature in their entirety is a difficult matter. One obvious step is for the companies from whose premises the Clubs are run to set rules, and in many cases this is done and few, if any, difficulties appear to arise. It would of course be possible to consider legislation stating that no person be able to act as a trustee without being approved in advance by a States Committee. But this would involve the registration and monitoring of all who stand in a trustee role, including a wide range of savings' schemes run by traders generally and possibly also employers, and it is doubtful whether this would protect the saver from those who are of criminal intent, and it would probably lead to the discontinuation of many schemes which run perfectly well at the present time.

If the intention of the Deputy is to control only those Thrift Clubs which are operated in public houses, it is suggested that the authority responsible for the licensing of those premises is the most appropriate authority to consider restricting or controlling such activities. It would however appear that in a large number of public houses Clubs have operated without problems for a number of years principally by virtue of rules adopted and enforced by the management.

I do not therefore believe legislation to provide for the regulation of Thrift Clubs is either necessary or desirable. The better course would appear to be for the participators in such Clubs to satisfy themselves concerning the person in whose hands they entrust their monies, and more particularly for the proprietors and management companies of licensed and other premises to satisfy themselves, in the interests of their businesses, that such Clubs are properly run."

Jersey Cost of Living. Questions.

Senator John Clark Averty asked Deputy Jack Roche of St. Saviour , Chairman of the Joint Advisory Council, the following questions –

"1. Will the Chairman of the Joint Advisory Council

please explain the composition of the Council and how they determine the cost of living and movements therein?

2. Has the Chairman an explanation for the recent significant difference in the increase in the cost of living in Jersey compared with Guernsey and the United Kingdom?
3. Will the Chairman give consideration to cost of living movements being measured and monitored by a less interested source than a Council composed of major employers and union representatives – for example the Economic Adviser's Office?"

The Chairman of the Joint Advisory Council informed the House that he would reply to the questions at the next Sitting.

Public Relations Agents in London. Questions and answers.

Senator Jane Patricia Sandeman asked Senator John Stephen Rothwell, President of the Tourism Committee, the following questions –

"1. On 13th December, 1983, the President of the

Tourism Committee answered a number of questions from Deputy Le Main concerning the appointment of Wordsmith and Company. In his reply question 2(c) What are the other terms of the lease?', will the President say –

1. why he omitted to inform the States that the Tourism Committee signed as guarantor the lease drawn up between Wordsmith and Company and Bransbury Securities Limited?
2. who actually signed as guarantor?
3. was the lease examined by the Tourism Committee or the Greffier of the States or the Autorisé?

2. To the question 2(f) What are the terms of their contract?' the President replied the period of engagement is five years with an option of twelve months' notice on either side after the fourth year'.

1. Would the President agree that no contract has been signed on behalf of the States with Wordsmith and Company?
2. Why did the President not inform the States when replying to this question that there is no formal contract with Wordsmith and Company?
3. What is the value of the option of twelve months' notice after four years if the agreement only lasts five years?

3. Was the Finance and Economics Committee informed of this matter?
4. After the President's reply to question 2(f) from Deputy Le Main and many supplementary questions from other members of the House, it was apparent that several members believed that a contract had been signed – Does the President agree that because

he allowed members to be misled he should resign forthwith?"

The President of the Tourism Committee replied as follows –

"1. (i) If Senator Sandeman had extended her interest

in the London Office by having a few words with me before framing this question, she would have learned that the Tourism Committee had not signed as guarantor the lease between Wordsmith and Co., our public relations consultants and Bransbury Securities, the landlords. This is a mistaken assumption on her part.

2. No-one.
3. A draft lease is currently in the hands of Tourism's Chief Executive Officer. It is a normal private leasehold agreement drawn up between Wordsmith and Bransbury Securities and it is 31 pages long.

If I can be helpful to the Senator and other Members of the House, I would like to explain a little bit more about the lease and the Committee's involvement as guarantor. Wordsmith is operating the office at 35, Albermarle Street, solely for Jersey Tourism and Bransbury's solicitors originally felt it appropriate that the Committee should consider offering some form of guarantee. Such a guarantee is no more than would be expected in any similar situation when new offices are established by a new company.

Naturally, it has always been understood that the guarantee of the lease would cease on the termination of the contract between Wordsmith and the Tourism Committee. A letter sent on November 23rd by the Chief Executive of the Tourism Committee to Bransbury Securities made this clear.

It was originally envisaged that a formal guarantee document would be drawn up, which, with the lease, would naturally have been scrutinised by the Autorisé. However, after having had the good experience of Wordsmith as tenants for the last few months, Bransbury Securities have since indicated that a formal guarantee document will not be necessary.

2. (i) No formal contract has been signed, as yet.

2. The Senator implies in her questions that the Tourism Committee has been less than frank in its answers to previous questions concerning the contract between the Committee and Wordsmith. This is not the case.

Wordsmith submitted proposals in July, 1983, and after lengthy negotiations these were formally accepted on behalf of the Tourism Committee in a letter from the Chief Executive on 3rd October. These proposals form the basis of the contract between Wordsmith and the Tourism Committee.

As is customary, the formalisation of the contract, with all the necessary legal advice, takes time and in my remarks on 13th December, I did not suggest that a formal, written contract had been signed. I wish to re- affirm on behalf of the Tourism Committee, however, that a contract exists between the Committee and Wordsmith: commitments have been entered into by both parties in good faith and, we firmly believe, for the good of the future of Jersey tourism. The Committee is convinced that it has made the right choice in appointing Wordsmith as its London Press and PR agency; it has already shown that it can bring new ideas and a fresh commitment to the important task of promoting Jersey in the international tourism market. The absence of a formal contract does not absolve either party from contractual obligations.

It follows therefore that to inform the States that there was no formal contract is irrelevant.

3. The initial engagement is for a period of five years with an option of 12 months' notice on either side after the fourth year. This ensures that  the  intentions  of  both  parties  are  clearly established in sufficient time to make alternative arrangements should this prove necessary.

It is also much fairer on staff to be given a reasonable period of notice, bearing in mind that Wordsmith have recruited staff to work exclusively on the Jersey account. Wordsmith has also committed itself to considerable expenditure of its own that would plainly be uneconomic on a short-term basis.

Just as important, many of the projects and ideas that were submitted in Wordsmith's proposals will not materialise until 1985/6/7 and some assured continuity of contract is essential.

In addition, a provision has been made for an annual review, and a termination clause in the event of unsatisfactory performance.

3. The Finance and Economics Committee were informed in April last year of the retirement of Mr. and Mrs. Nunn and on the termination of the lease of the London Office which we have had the use of for thirty years. In August, the Tourism Committee applied to the Finance and Economics Committee for a Supplementary Vote of Credit in time for the September Supply Day. This was to meet the cost of transitional arrangements.

At that time the Finance and Economics Committee were also informed that in considering the future of the London Office the Tourism Committee intended to engage a small professional team to service the Public Relations account in a manner similar to that undertaken by Mr. and Mrs. Nunn. There was no other reference to that Committee, and with hindsight more information should have been forthcoming and my Committee is seeking to remedy the situation.

4. As I explained in my introductory statement, I have at no time suggested that a contract between Wordsmith and the Tourism Committee has been signed although it is the Committee's intention, after seeking the appropriate legal advice, to do so. In view of these replies to Senator Sandeman's questions, I can see no grounds for resignation. In asking me to do so, Senator Sandeman betrays a predilection for passing judgement before she has heard the evidence.

I would like to take this opportunity of emphasising to Senator Sandeman and all Members of the House that my Committee was anxious to appoint successors to Mr. and Mrs. Nunn and occupy new offices in readiness for the main 1984 booking season, which is right now. The Committee is extremely happy with the appointment of Wordsmith and our new London office. This office will be used to service the travel trade, and conference organisers, hold press conferences, to provide meeting facilities for Jersey hotel groups, transport and tour operators serving Jersey.

In other words, it will be a very important marketing tool in the Committee's strategy and not merely an enquiry office.

All of us now wish to get on with the job of selling Jersey as a desirable holiday destination.

Finally, can I just remind Members that the Tourism Committee is producing a report on the London office and Paris office, and perhaps it is worth pointing out at this stage that the cost of both offices represents less than a quarter of 1 per cent of the annual expenditure by tourists in this Island."

Videos. Statement.

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

"The House will be aware that in the weeks before Christmas my Committee became increasingly concerned about some aspects of the retailing of videos in the Island. That concern had begun in the summer of 1982 when it became evident that local retailers were trading in videos which had been the subject of successful prosecution in the United Kingdom under the 1959 Obscene Publications Act. As a result of action taken at that time by the Department some videos were removed from the shelves, and in the autumn of 1982 officers of the Department had discussions with the retailers which resulted in the development of a voluntary code of practice, under which the retailers undertook to classify all videos which they offered for sale or hire into three categories identified by a simple coloured sticker prominently displayed on the cassette container and on display material. The colour sticker indicates the grading attached to the video in the following way –

Green – available to all, though some material may

be unsuitable for young children.

Yellow – not suitable for young persons under 15. Red – not suitable for young persons under 18.

The retailers undertook to make every effort to ensure that videos with yellow stickers were not hired or sold to those under 15, and videos with red stickers were not hired or sold to those under 18, and to display information about the colour code prominently on their premises.

During the autumn of 1983 Mr. Graham Bright, M.P. introduced a Private Member's Bill to regulate the trade in videos in the United Kingdom. Mr. Bright's Bill will result in the classification of videos in much the same way that films are classified, and will provide for penalties for dealing in unclassified or banned material. The Education Committee invited Mr. Bright to Jersey and gave a presentation to States members of some excerpts from videos showing extreme violence. The Committee then discussed the possible regulation of videos with Mr. Bright in the presence of the Bailiff , Deputy Bailiff and Attorney General and concluded that some local legislation will be required.

The Voluntary Code of Practice introduced in 1982 was not followed by all the local retailers and therefore the Committee met the retailers immediately before Christmas 1983, and was assured that all videos which have been identified as warranting prosecution under the 1959 Obscene Publications Act would be withdrawn. The retailers agreed to make greater efforts to operate the Voluntary Code and to set up a representative body to work with the Education Department.

With the Director of Education I visited the Home Office two weeks ago, and the Assistant Secretary responsible for this legislation told us that Mr. Bright's Bill is expected to become law by June of this year. It is the Education Committee's intention to keep in close contact with both the Home Office and Mr. Bright M.P. to ensure that at the earliest appropriate time legislation is brought before this House. The Committee will continue to keep a close watch on the local position, and the greater co- operation now offered by the video retailers will undoubtedly prove most helpful.

So far as legislation is concerned, the Education Committee is convinced that it must embody at least the main principles of Mr. Bright's Bill.

The Education Committee's primary concern in this matter has been the protection of children and young people. However, in dealing with the problems created by obscenely violent and pornographic videos, the Committee believes that it has highlighted serious deficiencies in the law relating to obscenity generally. We therefore intend to have further discussions in order to see whether legislation similar to the 1959 Obscene Publications Act is required locally."

Coastal Walk from Jardin d'Olivet to Rozel – acquisition of land and provision of car parking area.

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

1. approved the purchase from Mr. David Francis Vautier and Mrs. Jacqueline Helene Vautier, née Le Gresley, his wife, of 15 vergées of land at White Rock, Rozel, Trinity , outlined in red on Plan No. 27/C/10, for a consideration of £9,050 plus legal costs, the said land being required for completion of the section of coastal walk from Jardin d'Olivet to Rozel, and for the provision of a car parking area;
2. rescinded their Act dated 1st February, 1983 relating to the above;
3. authorised the Attorney General and the Greffier of the States to pass the necessary contract in the matter;
4. authorised the Treasurer of the States to make the appropriate payment, as agreed by the Island Development Committee, out of the Vote granted to that Committee under the heading "Acquisition of Land, Major Reserve" (Vote No. C.0904).

Finance (Jersey) Law, 1984.

THE STATES, subject to the Sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Finance (Jersey) Law, 1984.

States Rental Accommodation: increase in maximum rents.

THE STATES, having accepted an amendment of Deputy Robin Ernest Richard Rumboll of St. Helier that for the words "over a period of three years commencing from 1st April, 1984, so that at the end of that period" there should be substituted the words "annually from 1st April, 1984, by an amount equal to the increase in the Jersey Cost of Living Index during the twelve months ending the previous September, plus an amount of £2 a week, so that in due course", adopted a Proposition of the Housing Committee and agreed that the maximum rents of all States rental accommodation should be increased annually from 1st April, 1984 by an amount equal to the increase in the Jersey Cost of Living Index during the twelve months ending the previous September, plus an amount of £2 a week, so that in due course fair rents are charged for all such accommodation.

Members present voted for the amendment as follows –

"Pour" (35)

Senators

Averty, Binnington, Sandeman, de Carteret, Ellis, Baal.

Connétable s

St. Ouen , St. Mary , St. Saviour , St. Brelade , St. Lawrence , St. Martin , St. Peter , St. Helier .

Deputies

Mourant(H), St. Ouen , Morel (S), Le Maistre(H), Le Quesne(S), Trinity , St. Martin , Filleul(H), Vandervliet(L), St. Peter , Farley(H), Le Fondré(L), Rumboll(H), Grouville , St. Mary , Thorne (B), Wavell(H), Blampied(H), Billot(S), Norman(C), St. John .

"Contre" (11)

Senators

Le Marquand, Shenton, Jeune , Horsfall.

Connétable s

Grouville , Trinity .

Deputies

Perkins(C), Le Gallais(S), Roche(S), Le Brocq(H), Le Main(H).

Cremation (Amendment) (Jersey) Law, 1980 and the Cremation (Amendment No. 2) (Jersey) Law, 1983 (Appointed Day) Act, 1984.

THE STATES, in pursuance of paragraph (2) of Article 4 of the Cremation (Amendment) (Jersey) Law, 1980 and paragraph (2) of Article 4 of the Cremation (Amendment No. 2) (Jersey) Law, 1983, made an Act entitled the Cremation (Amendment) (Jersey) Law, 1980 and the Cremation (Amendment No. 2) (Jersey) Law, 1983 (Appointed Day) Act, 1984.

St. Mary 's and St. Peter 's Church, Presbytery and School: acquisition.

THE STATES, adopting a Proposition of the Island Development Committee –

1. approved the purchase of the properties known as St. Mary 's & St. Peter 's Church, Presbytery and School, Vauxhall/Winchester Street, St. Helier , shown on Drawing No. 01.1730.1 and having a total site area of about 35,625 square feet from Portsmouth Roman Catholic Diocesan Trustees Registered for the valuation figure of £290,000 plus a contribution of £60,000 towards relocation of the Church, subject to vacant possession;
2. authorised the Attorney General and the Greffier of the States to pass the necessary contract;
3. authorised the Treasurer of the States to pay the aforesaid sums out of the Capital Vote of Credit granted to the Committee under the heading "Acquisition of Land – Major Reserve" (Vote No. C.0904);
4. authorised the Island Development Committee to transfer the administration of the properties to the Housing Committee, following acquisition, for housing redevelopment, subject to that Committee bearing future capital servicing charges;
5. agreed to rezone the land, following acquisition, as shown on Drawing No. 01.1730.1 from church and associated uses to residential use.

Senator Richard Joseph Shenton abstained from voting.

Fort Regent Development Committee – General overheads – premises. Deferred Supply.

THE STATES, adopting a Proposition of the Finance and Economics Committee, acceded to its request for the following Supplementary vote of credit to be voted out of the General Reserve –

Fort Regent Development Committee

General overheads – premises (5712) £25,000.

Agricultural Industry – continuation and extension of interest subsidies.

THE STATES, adopting a Proposition of the Agriculture and Fisheries Committee –

1. approved the continuation of the Scheme to provide growers with an interest subsidy on monies borrowed from the Clearing Banks and the Trustee Savings Bank of the Channel Islands for the purchase of items used directly in the production and packaging of produce, in accordance with the list approved by the Agriculture and Fisheries Committee, the level of subsidy to be the difference between 6½ per cent and the individual base rate of the Bank concerned, and the subsidy to apply in respect of interest on borrowings during the period 1st October, 1983 to 30th September, 1984;
2. approved a scheme to provide Jersey Exporters Ltd. with an interest subsidy on monies borrowed from Kleinwort Benson (C.I.) Ltd. of the financing of the mid potato canning contract, the level of subsidy to be the difference between 6½ per cent and the effective interest rate of the Bank, and the subsidy to apply in respect of borrowings during the period 1st September, 1984 to 30th June, 1985.

Senator  Jane  Patricia  Sandeman  declared  an  interest  in  the matter and withdrew from the Chamber.

Employers' Liability (Compulsory Insurance) (Authorised Insurer) (Jersey) Regulations, 1984.

THE STATES, in pursuance of Article 6 of the Employers' Liability (Compulsory Insurance) (Jersey) Law, 1973, made Regulations entitled the Employers' Liability (Compulsory Insurance) (Authorised Insurer) (Jersey) Regulations, 1984.

Family Allowance Tribunal: appointment.

THE STATES, adopting a Proposition of the Social Security Committee and in pursuance of the First Schedule of the Family Allowances (Jersey) Law, 1972, as amended, appointed the undermentioned as Chairman and Members of the Family Allowance Tribunal for a period of three years from 1st January, 1984, namely –

Advocate Geoffrey Ivor Edgar Gruchy – Chairman Bernard Louis Dubras

Eric Ivor Messenger

Mrs. Ruth Ethelwyn Le Sauteur

Mrs. Audrey Vivienne Jackson

Mrs. Ruth Hambly.

Health Services Disciplinary Tribunal: appointment.

THE STATES, adopting a Proposition of the Social Security Committee and in pursuance of Articles 1 and 36 of the Health Insurance (Jersey) Law, 1967, as amended, appointed the undermentioned as Chairman, Vice-Chairman and Members of the Health Services Disciplinary Tribunal for a period of three years from 1st January, 1984, namely –

Advocate Terence Cubitt-Sowden – Chairman Advocate Geoffrey Ivor Edgar Gruchy – Vice-Chairman Miss Elizabeth Mary Farewell

Trevor Jones Williams

Mrs. Sheila Minnie Daphne Billot

Percival Charles Hembest

Gerald Francis Voisin.

THE STATES then adjourned, having agreed that the outstanding items of Public Business should stand over until the next meeting and be considered immediately before the matters already set down for debate at that meeting.

THE STATES rose at 5 p.m.

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