States Minutes 27th March 1984

THE STATES assembled on Tuesday, 27th March, 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.

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All members were present with the exception of –

Senator John Philip de Carteret – absent.

John Philip Pirouet, Connétable of St. Ouen – ill.

Winter Chevalier de Gruchy, Connétable of St. Martin – out of the Island.

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

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Prayers. _____

Subordinate legislation tabled.

The  following  enactments  were  laid  before  the  States, namely –

1. Airport  Dues  (Tariff) (Jersey)  Order,  1984. R & O 7269.
2. Depositors and Investors (Prevention of Fraud) (List of Registered Persons) (Amendment) (Jersey) Order, 1984. R & O 7270.
3. Social  Security  (Maternity  Benefit)  (Amendment No. 2) (Jersey) Order, 1984. R & O 7271.

89   Price : 75p.

Medical Officer of Health – Report for 1982.

The Public Health Committee by Act dated 9th January, 1984, presented to the States the Report of the Medical Officer of Health for the year 1982.

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

Overseas trade promotions by local industry: financial assistance. R.C.12.

The Finance and Economics Committee by Act dated 21st March, 1984, presented to the States a Report on the operation of the Overseas Trade Promotions Scheme.

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 21st March, 1984, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Public Works Committee, the public being party to the deed of sale of the property St. Mewan, No. 13, Runnymede Court, St. Helier , by Mr. John Edward Le Cornu and Mrs. Florence Ivy Le Cornu, née Nott, his wife, to Mr. John Ambrose and Mrs. Joan Veronica Ambrose, née Lucas, his wife, in order that the pedestrian access and gate in the wall of the property, alongside La Route du Fort and the overhanging roof and gutter of the said property should be allowed to remain;
2. as recommended by the Island Development Committee, the granting of a right of way to Mr. Dennis Roy Mollett and Mrs. Joyce Mary Mollett, née Syvret, over the private driveway to the north of the property Greenhaven, Petite Route des Mielles, St. Brelade , which land was administered

by the Committee, to enable part of the garden to be developed as a building site, subject to –

1. the payment of the sum of £500; and
2. the payment of a just proportion of the costs of maintenance of the road in the future.

Matter noted – financial transaction.

THE STATES noted an Act of the Finance and Economics Committee dated 21st March, 1984, 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 the lowest of five tenders submitted in June 1982, namely that of R.F. Grimshaw Ltd., (the original sum being £52,225.00) revised 1984 to £55,139.39, in a contract period of 15 weeks for the conversion of 21 Duhamel Place, St. Helier into one bedsitter, two one-bedroomed flats and one two-bedroomed flat.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Tourism Office – Paris. P.29/84.

Presented by the Tourism Committee. The States decided to take this subject into consideration on 22nd May, 1984.

2. Tradition of Honorary Service: amendment. P.30/84.

Presented by Deputy Terence John Le Main of St. Helier .

3. Teachers' salaries. P.31/84.

Presented by the Education Committee. The States decided  to  take  this  subject into consideration on 10th April, 1984.

4. Island Development Committee and Agriculture and Fisheries Committee: membership. P.32/84. Presented by Deputy T.J. Le Main of St. Helier .

Fort Regent: privatisation. P.28/83.

THE STATES acceded to the request of Deputy Maurice Clement Buesnel of St. Helier that the Proposition relating to the privatisation of Fort Regent (lodged on 1st March, 1983) be considered on 22nd May, 1984.

Membership of the House: not to be prevented by reason of financial hardship. P.24/84.

THE STATES noted that Deputy Terence John Le Main of St. Helier had withdrawn the Proposition regarding Membership of the House: not to be prevented by reason of financial hardship (lodged on 21st February, 1984) having lodged at the present Sitting an amendment (P.30/84) to the Proposition on the Tradition of Honorary Service (P.21/84).

Dispensing of imported parallel drugs: Question and answer.

Senator Jane Patricia Sandeman asked Senator John Le Marquand, President of the Public Health Committee, the following question –

"Will the President inform the States of the present position concerning the dispensing of imported parallel drugs in Jersey and what measures the Public Health Committee will take, in conjunction with other Committees, to prevent the continued importation of these drugs?"

The President of the Public Health Committee replied as follows –

"Until recently, when a doctor wrote out a prescription for a particular medicine on the Social Security Prescribed List, he understood that the product which the chemist dispensed would be manufactured in the United Kingdom to a standard set under a United Kingdom Licence; thus of a stated pharmaceutical quality and composition and produced in a package bearing directions in English.

However, recently what are known as parallel imported drugs' have been appearing in Jersey – most are pharmaceutical products made in a European country other than the United Kingdom and frequently appearing in a package similar to the United Kingdom products' package and with a name the same or very similar to the United Kingdom product.

Some patients, I understand, have been concerned that the preparation they have been dispensed is not as effective as the product they had received in the past and, in addition, have found the instructions for use written in a foreign language for a drug which is different in appearance, colour and/or size from the one they usually receive.

It is not illegal to import such drugs, although so far as the dispensing of preparations under the Health Insurance Scheme is concerned, Pharmacists may not be providing in certain instances, the drug as prescribed by the General Practitioner and as exactly specified on the Social Security Prescribed List. I am informed that the Social Security Committee, through its Chief Officer, has drawn the attention of doctors and chemists, and the Pharmaceutical Society of Great Britain (Jersey Branch) to this practice and warned them of its unacceptability.

So far as the Hospital Service is concerned the Chief Pharmacist to the Public Health Committee informs me that all drugs dispensed through the Hospital Pharmacy carry United Kingdom Product Licences.

It is understood that the United Kingdom Secretary of State for Social Services has been aware of the question of the parallel importation of drugs for some considerable time and he is considering the possibility of laying down appropriate licensing requirements that will, of course, have to satisfy E.E.C. rules on the free movement of goods.

Concerning the situation in Jersey, the Medical Officer of Health and the Chief Pharmacist, in conjunction with the Law Drafting Department, have been preparing legislation for the consideration of my Committee and it is the Committee's intention to await the outcome of the United Kingdom Department of Health and Social Security's deliberations on this matter which are expected to materialise very shortly."

Demolition of Hospital Chapel: Question and answer.

Deputy Graham Douglas Thorne of St. Brelade asked Senator John Le Marquand, President of the Public Health Committee, the following question –

"Were tenders invited for the demolition of the Hospital Chapel?"

The President of the Public Health Committee replied as follows –

"No. Demolition was undertaken by the Department of Public Building and Works. This arrangement was acceptable to both the Public Works Committee and the Public Health Committee as it ensured that valuable granite would be made available for re-use on future States projects and was therefore of mutual benefit to both Committees."

Northern part of Field 595, St. John – compulsory acquisition. Statement.

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

"In Proposition P.47/82 the Island Development Committee brought to the States a number of proposals for development in St. John 's Village. This Proposition was adopted by the States on May 4th 1982. Among the proposals contained therein were the following –

(b) to re-zone about 4.5 vergées of land at Les

Clicquards, St. John (Field 595) as shown on Drawing No. 07.2.821 from agricultural land to use for States basic loan residential development;

3. to re-zone 4.0 vergées of land at La Route du Mont Mado, St. John (Field 586) as shown on Drawing No. 07.2.821 from agricultural land to use for States basic loan residential development;

5. in the event of the Parish being unable to acquire the land, to authorise the Island Development Committee to negotiate with the owners for the purchase of land at a fair and proper price to be agreed with the Finance and Economics Committee;

6. to agree that in the event of it not being possible to reach agreement on a fair and proper purchase price, the Island Development Committee should be empowered, in exercise of the powers conferred by Article 4 of the Island Planning (Jersey) Law, 1964, to acquire the land by compulsory purchase on behalf of the public in accordance with the provisions of the Compulsory Purchase of Land (Procedure) (Jersey) Law, 1961, as amended;'

During the course of the negotiations carried out by the Parish of St. John with the owners of Field 586 and the southern part of Field 595, the two owners concerned agreed to sell to the Parish provided they were each able to retain two plots in order to house members of their families. The owner of the northern part of Field 595 made it clear to the Parish that she did not want to sell.

The Connétable of St. John then referred the question of the northern part of Field 595 to the Island Development Committee in accordance with Propositions (e) and (f). Subsequently compulsory purchase proceedings were set in motion, and as Members will know, the Island Development Committee was criticised by the Arbitration Board over the four plots left in private ownership.

I must tell the House that the applications received from the Parish for the development of Field 586 and the southern part of Field 595 clearly showed the plots left in the possession of the original owners. At this stage the Island Development Committee should have realised that the applications did not conform with Proposition 47/82 and should have returned to the States for reconsideration.

This was not done, and for this omission I can only apologise and assure the House that there was no intention to mislead it.

I would add that the end result is that the Parish of St. John has achieved a very much needed addition of 42 dwellings within the States basic loan ceiling, and contrary to Press comment, the two other dwellings that have been built to date out of the four allowed are relatively modest ones, and in no sense luxury houses'."

New Airport Fire Station.

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

1. approved Drawings Nos. 1983/398, 1983/399 and 1983/400 showing the development of the new Airport Fire Station at Jersey Airport;
2. authorised the Greffier of the States to sign the said Drawings on behalf of the States.

Philips Street, St. Helier – cession of land.

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

1. agreed to cede free of charge to the Parish of St. Helier an area of land in Philips Street measuring 1,879 square feet hatched in red on drawing number 146/7, each party being responsible for the payment of its own legal fees;
2. authorised the Attorney General and the Greffier of the States to pass the necessary contract.

La Grande Pièce, St. Peter – land and roads.

THE STATES, adopting a Proposition of the Housing Committee, agreed to transfer to the Parish of St. Peter the administration and maintenance of the roads, footpaths, verges, landscaped areas and street lighting at La Grande Pièce, St. Peter as shown coloured green and blue on drawing number 2257/806. Land Reclamation Committee (Transfer of Functions) (Jersey) Act, 1984.

THE STATES, in pursuance of Article 29 of the States of Jersey Law, 1966, as amended, and of all other powers enabling them in this behalf, made an Act entitled the Land Reclamation Committee (Transfer of Functions) (Jersey) Act, 1984.

Milk Marketing Scheme (Amendment No. 7) (Jersey) Act, 1984.

THE STATES, in pursuance of paragraph (6) of Article 2 of the Agricultural Marketing (Jersey) Law, 1953, as amended, made an Act entitled the Milk Marketing Scheme (Amendment No. 7) (Jersey) Act, 1984.

Film and Sound Recording of States Meeting.

THE STATES, adopting a Proposition of Senator Richard Joseph Shenton, agreed to welcome the opportunity for the media to be present in the States Chamber on 25th April to record on film and sound the Special Sitting arranged for the Home Secretary's visit.

Rezoning of land in Grouville for residential development.

THE STATES rejected a Proposition of the Island Development Committee –

1. to rezone about six vergées of land at fields 263 and 263A, La Croix, Grouville , as shown on Drawing No. 04.137.1, from "White Land" to use for States basic and supplementary loan residential development;
2. to rezone about one and a half vergées of garden at Tevielka and La Parterre, properties to the south- west of field 263, as shown on Drawing No. 04.137.1 for residential development;

3. to rezone about three and a third vergées of field 355A at Vicq Farm, Grouville , as shown on Drawing No. 04.137.1, from "White Land" to use for States basic and supplementary loan residential development;
4. to rezone about three-quarters of a vergée of land, field 355B, to the south of field 355A, as shown on Drawing No. 04.137.1, for residential development and as an access to the development planned on field 355A;
5. to agree, in the event of the proposals for the development of the land described in Propositions
   1. and (c) failing to satisfy the Island Development and the Housing Committees within twelve months of the land being zoned, to authorise the Island Development Committee to negotiate with the owners for the purchase of the land at a fair and proper price to be agreed with the Finance and Economics Committee;
6. to agree, in the event that the developers of the land at field 355A fail to acquire a satisfactory access to that field from La Sente des Fonds across field 355B, to authorise the Island Development Committee to negotiate with the owner for the purchase of the land needed to construct a satisfactory access at a fair and proper price to be agreed with the Finance and Economics Committee;
7. to agree, in the event of it not being possible to reach agreement on a fair and proper purchase price for the land described in propositions (a) and (c) and for the land required for an access described in proposition (f), the Island Development Committee should be empowered, in exercise of the powers conferred by Article 4 of the Island Planning (Jersey) Law, 1964, to acquire the land by compulsory purchase on behalf of the public in accordance with the provisions of the Compulsory Purchase of Land (Procedure) (Jersey) Law, 1961, as amended;

8. to authorise the payment or discharge of the expenses to be incurred in connexion with the acquisition of the said land and of all legal expenses from the Island Development Committee Acquisition and Servicing of Land Vote C.0903;
9. to authorise the Island Development Committee to transfer the land described in propositions (a) and (c), when acquired, to the administration of the Housing Committee;
10. to authorise the Attorney General and the Greffier of the States to pass, on behalf of the public, any contracts which it might be found necessary to pass in connexion with the said properties and any interests therein.

Members present voted as follows –

"Pour" (7) Connétable

St. Peter .

Deputies

Mourant(H), Perkins(C), Le Brocq(H), St. Martin , Vandervliet(L), Beadle(B).

"Contre" (39)

Senators

Vibert , Le Marquand, Shenton, Jeune , Averty, Binnington, Sandeman, Horsfall, Ellis, Rothwell.

Connétable s

St. Mary , St. Saviour , St. John , Trinity , St. Brelade , St. Lawrence , St. Helier , St. Clement .

Deputies

St. Ouen , Morel (S), Le Maistre(H), Quenault(B), Le Gallais(S), Roche(S), Filleul(H), St. Peter , Le Main(H), Farley(H), Le Fondré(L), Rumboll(H), Buesnel(H), Grouville , St. Mary , Thorne (B), Wavell(H), Blampied(H), Billot(S), Norman(C), St. John .

The Connétable of Grouville and Deputy Edgar John Becquet of Trinity declared an interest in the matter and withdrew from the Chamber prior to the debate.

La Moye School: improvements.

THE STATES, adopting a Proposition of the Education Committee –

1. approved Drawings Nos. 2235/40, 2235/41 and 2235/42 showing the proposed extensions and alterations to La Moye School;
2. authorised the Greffier of the States to sign the said Drawings on behalf of the States.

THE STATES rose at 3.55 p.m.

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