States Minutes 22nd May 1984

THE STATES assembled on Tuesday, 22nd May, 1984 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 Richard Joseph Shenton – out of the Island. Senator Reginald Robert Jeune – out of the Island. Senator Jane Patricia Sandeman – ill.

Sir  Martin  Le  Quesne,   Deputy  of   St. Saviour –  out  of  the Island.

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Prayers. _____

Visitors from Lesotho.

The   Bailiff  welcomed  to  the  House  Mr. Desmond  Sixishe, Minister of Information and Broadcasting from Lesotho, who was accompanied  by  the  Director  of  External  Services, Mr. P.J. Mashologu.

Visitors from Zambia.

The Bailiff welcomed to the House His Excellency Lieutenant General  P.D. Zuze,  the  High  Commissioner  of  Zambia  to  the United Kingdom, who was accompanied by the First Secretary, Mr. Jamoyo G. Mwale,  the  Second  Secretary  (Protocol), Mr. S.J. Sakala and the Trade Commissioner, Mr. S. Mutondo.

Subordinate legislation tabled.

The  following  enactments  were  laid  before  the  States, namely –

139   Price : 75p.

1. Public Finances (General) (Amendment No. 13) (Jersey) Rules, 1984. R & O 7283.
2. Tuberculosis (Amendment No. 4) (Jersey) Order, 1984. R & O 7284.

Matters noted – land transactions.

THE STATES noted an Act of the Finance and Economics Committee dated 16th May, 1984, 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 leasing from Mr. Edward Malcolm Pearmain Machon of No. 2 Glendale Close, Samares, St. Clement , required by the Establishment Committee for occupation by Mr. P. Thorne of the Planning Department under the Temporary Housing Scheme for essential employees, for a period of two years, with effect from 1st June, 1984, at an annual rent of £3,384;
2. as recommended by the Housing Committee, the leasing from Mr. John Le Sueur Gallichan and Mrs. Doreen Ruth Gallichan of Le Jardin du Puits, La Longue Rue, St. Martin , required for occupation by an adviser to the Department of Agriculture and Fisheries under the Temporary Housing Scheme for essential employees, for a period of two years, with effect from 24th June, 1984, at an annual rent of £3,900;
3. as recommended by the Island Development Committee, and in pursuance of an Act of the States dated 9th April, 1968, part of which related to a policy of public acquisition of land situated in St. Ouen 's Bay, the purchase from Mr. John Leon Bazire of the area of land known as Plot 33, La Grande Route des Mielles, St. Ouen , measuring one vergée, for a consideration of £800 plus legal fees;
4. as recommended by the Cottage Homes Committee, the renewal of the lease to The Jersey Electricity Company Limited of an area of land measuring 40 feet x 20 feet situated at the Victoria Cottage Homes, Five Oaks, St. Saviour , shown on Drawing No. 17/V24 prepared by the Company, for a further period of twenty-one years, commencing on 24th June, 1985, at a nominal annual rent of £1, the land in question being the site of Jersey Electricity Company Electricity Sub-Station No. 209;

5. as recommended by the Harbours and Airport Committee, the leasing to Mr. Richard Holmes (of Les Buis Chaumière, St. Mary ) of Field 779, St. Peter , for a period of one year certain and thereafter subject to six months' notice on either side, at an annual rent of £120, representing a rate of £30 a vergée a year, with effect from 1st May, 1984, for agricultural purposes excluding the grazing of equine animals.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Airport Instrument Landing System: replacement. P.61/84.

Presented by the Harbours and Airport Committee. The States decided to take this subject into consideration on 5th June, 1984.

2. Draft Policing of Beaches (Amendment No. 6) (Jersey) Regulations, 198 . P.62/84.

Presented by the Tourism Committee.

3. La Préférence Children's Home: purchase. P.63/84. Presented by the Education Committee. The States decided to take this subject into consideration on 5th June, 1984.
4. The Island Plan – the key issues. P.64/84.

Presented by the Island Development Committee.

The States decided to take this subject into consideration on 19th June, 1984.

St. Ouen 's Village: rezoning of land. P.48/84.

THE STATES acceded to the request of the Island Development Committee that the Proposition relating to St. Ouen 's Village: rezoning of land (lodged on 1st May, 1984) be deferred from the present Sitting to a later date.

Establishment of a casino. P.19/84.

THE STATES acceded to the request of Deputy Leonard Norman of St. Clement that the Proposition relating to the establishment of a casino (lodged on 14th February, 1984) be considered on 19th June, 1984.

Jury Service. Answer.

The President of the Legislation Committee replied to questions asked in the House on 15th May, 1984 relating to Jury Service, as follows –

"1. In March of this year the Committee approved,

in principle, a draft Law designed primarily to reduce the number of persons on a jury from twenty-four to fifteen. The draft Law has been submitted to the Home Office for pre-audit, and will be brought before the States as soon as the Home Office comments have been received.

2.–(1) The arrangements for selecting a jury are set out in the Loi (1864) réglant la Procédure Criminelle' as amended, notably by the Loi

(1912) sur la Procédure devant la Cour Royale'.

The Connétable of each parish is required to deposit with the Judicial Greffier each year a list of all the inhabitants of his parish, being British subjects between the ages of twenty-five and sixty-five capables de server en qualité d'hommes d'enquête' other than those exempted by virtue of the said Laws. Those lists are subsequently revised by the Court (comprising the Bailiff and five Jurats). A number is allocated to each name on the revised list, and the jurors selected by the random drawing of numbers (the tirage') in the presence of the Court.

(2)  The categories of persons exempted from jury service  are  set  out  in the Laws of 1864 and 1912, and are as follows –

1. Members of the Royal Court; advocates; solicitors, Connétable s; centeniers.
2. Certain members of the clergy.
3. Members of the medical and surgical professions; pharmacists.
4. The Director and employees of the Post Office; customs and impôts officers; active servicemen.
5. Harbour Masters; pilots in active service.
6. Hospital Administrators; prison governors; persons in charge of detention centres; employees of the prison and detention centres.
7. The Magistrates; officers of the Petty Debts and Police Courts.
8. School teachers.
9. The Registrar of Births, Marriages and Deaths.
10. Public Weighers.
11. Other public functionaries in the employment of the States. (The Law actually specifies Fonctionnaires Publics rétribués par les Etats' and this is currently interpreted by the Viscount as Heads of Departments and Senior Civil Servants and not applicable to Civil Servants in general).
12. Dentists.

13. Railway employees.
14. Lighthouse Keepers.
15. Persons suffering from permanent disability rendering them unfit for jury service.

In addition to the above exemptions a number of persons are deemed to be incapable for jury service. These include, for example, the mentally ill, persons charged with a criminal offence, and persons under interdiction.

Furthermore, the Viscount has authority to exempt any person from jury service for any reason which he considers to be sufficient to justify such exemption.

3.  There are no legislative provisions governing the payment of compensation to jurors in respect of loss of earnings, etc. Such payment as is made is at the discretion of the Viscount and is on an ex gratia' basis (subject to the approval of the Finance and Economics Committee) where it is shown to the satisfaction of the Viscount that a person has incurred financial hardship (as opposed to financial loss) as a result of jury service.

The Committee, in consultation with the Finance and Economics Committee, has, over the past few months considered the question of introducing legislation on the subject of jurors' expenses, but concluded that jury service should continue to be an honorary service, and that the present arrangements whereby ex gratia' payments were made in appropriate cases, appeared to work satisfactorily.

Also the proposed reduction in the number of jurors, coupled with the Viscount's discretion to exempt, is likely to lead to a reduction in the number of claims for compensation."

Constitution of an Inquest Jury. Answer.

The President of the Legislation Committee replied to a question asked in the House on 15th May, 1984 relating to the constitution of an Inquest Jury as follows –

"Although this Question is directed at the President of the Public Health Committee, it has been agreed that I should reply.

The Legislation Committee will be pleased to consider the Deputy 's suggestion relating to the composition of an Inquest Jury."

Falles Airport Garage Ltd.: lease of land.

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

1. approved the lease to Falles Airport Garage Limited of approximately 1,000 square yards of land to the rear of the Company's premises on Quennevais Road, St. Brelade , for a period of nine years with effect from 1st January, 1985, at an annual rent of £4.50 a square yard, subject to a rent review after the third and sixth years;
2. authorised the Greffier of the States to sign the necessary agreements;
3. authorized the Treasurer of the States to receive the sums as they became due.

Tourism Office – Paris.

THE STATES, adopting a Proposition of the Tourism Committee, confirmed the action of the Tourism Committee in establishing office accommodation in France in accordance with a Report and Proposition of the Committee adopted by Act of the States dated 2nd May, 1978.

Members present voted as follows – "Pour" (41)

Senators

Vibert , Binnington, de Carteret, Ellis, Baal, Rothwell.

Connétable s

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

Deputies

Mourant(H), St. Ouen , Morel (S), Quenault(B), Perkins(C), Le Gallais(S), Roche(S), Le Brocq(H), 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" (7)

Senators

Averty, Horsfall.

Connétable s

St. Clement .

Deputies

Le Maistre(H), Le Main(H), Buesnel(H), Beadle(B).

Fort Regent: privatisation.

THE STATES rejected the Proposition of Deputy Maurice Clement Buesnel of St. Helier that the Fort Regent Development Committee be charged to produce a comprehensive report on the public advantages of privatising Fort Regent, bearing in mind the need to provide a States' annual subsidy for sporting and swimming facilities.

Juvenile Unemployment.

THE STATES, adopting a Proposition of the Education Committee –

1. approved the continuation of a new Job Opportunity and Community Service Schemes to run from 1st October, 1984, until 27th April, 1985;
2. approved the continuation of the Youth Employment Scheme to run from 1st October, 1984, to 27th April, 1985;
3. approved the continuation of the Preparation for Employment Course.

Social Security (Amendment No. 5) (Jersey) Law, 1984.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Social Security (Amendment No. 5) (Jersey) Law, 1984.

St. Mary 's House, Roussel Street, St. Helier .

THE STATES, adopting a Proposition of the Housing Committee –

1. approved Drawings Nos. 3140/7, 3140/20, 3140,21, 3140/22, 3140/23, 3140/24, 3140/25 and 3140/26 showing the re-development of the site at St. Mary 's House, Roussel Street, St. Helier , to provide 36 units of one-bedroomed accommodation;
2. authorised the Greffier of the States to sign the said Drawings on behalf of the States.

Safeguarding of Workers (Liquefied Petroleum Gas) (Jersey) Regulations, 1984.

THE STATES, in pursuance of Article 2 of the Safeguarding of Workers (Jersey) Law, 1956, as amended, made Regulations entitled the Safeguarding of Workers (Liquefied Petroleum Gas) (Jersey) Regulations, 1984.

Family Allowances (Amendment No. 3) (Jersey) Law, 1984.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Family Allowances (Amendment No. 3) (Jersey) Law, 1984.

THE STATES rose at 4.20 p.m.

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