States Minutes 7th February 1984

THE STATES assembled on Tuesday, 7th February, 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 –

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

John Le Gallais, Deputy of St. Saviour – out of the Island. Michael Walter Bonn, Deputy of St. Peter – out of the Island.

Graham Douglas Thorne , Deputy of St. Brelade – out of the Island.

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Prayers. _____

Subordinate legislation tabled.

The following enactment was laid before the States, namely – Cremation (Fees) (Jersey) Order, 1984. R & O 7257.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Queen's  Road/Rouge  Bouillon  junction: improvements. P.13/84.

Presented by Senator Jane Patricia Sandeman.

2. Les Autres Temps, Anne Port, St. Martin : staff flat. P.14/84.

Presented  by  the  Island  Development  Committee. The  States  decided  to  take  this  subject  into consideration on 21st February 1984.

43   Price : 75p.

3. Draft Artificial Insemination of Domestic Animals (Amendment) (Jersey) Law, 198 . P.15/84.

Presented by the Agriculture and Fisheries Committee. The States decided to take this subject into consideration on 21st February, 1984.

La Collette – lease of areas to J.E.C. Limited.

THE STATES acceded to the request of the President of the Harbours and Airport Committee that the Proposition relating to the lease of areas of La Collette to the J.E.C. Limited (P.11/84 – lodged on 31st January, 1984) be considered on 14th February, 1984.

Jersey Cost of Living. Answer.

The Chairman of the Joint Advisory Council replied to a question asked in the House on 17th January, 1984 regarding the Jersey Cost of Living as follows –

"1. The composition of the Joint Advisory Council is

laid down in an Act of the Legislation Committee dated 13th May, 1947.

Present members are –

Mr. R.H. Liron, T.&G.W.U., Jersey Official. Mr. G. Quarry, 2/300 Branch, Civil Service.

Mr. L. Le Mercier 2/157 Branch, Parish of St. Helier .

Mr. J. Bushnell, 2/18 Branch, Vice-Chairman of Jersey District Committee.

Mr. R.M. Clarke, Jersey New Waterworks Co. Ltd., representing Public Utilities.

Mr. B. Dubras, Chandis Ltd., representing Non- Federated Employers.

Mr. C. Sheehan, Overseas Trading, representing Confederation of Jersey Industry.

Connétable F. Clarke, Le Masuriers, representing Federated Industry.

Deputy J. Roche, Chairman, appointed by the States on 17th December, 1981.

The cost of living index is produced quarterly from a range of over 400 items and these are grouped under the following headings: food, alcoholic drinks, tobacco, housing, fuel and light, durable household goods, clothing and footwear, transport and vehicles, services, meals out and 62 miscellaneous items.

A survey of household expenditure last carried out in 1977 established a spending pattern from which the relevant importance of different items is ascertained. Each item is re-priced quarterly, and this information is collected on a confidential basis from a range of shops and stores, and the only change in those supplying the information during the last seven years has been a replacement where a supplier has retired from business.

The determination of the cost of living and quarterly improvements is carried out by Mr. Terry Le Sueur , T.A. Le Sueur & Co., Chartered Accountant, who also acts as Secretary to the Council, and was in fact appointed to that post when Mr. Robin Wall retired six years ago.

The 1947 Act specifies that the Secretary of the Council shall be appointed by the Council subject to the approval of the Finance Committee. No person who is an employee of the States or any administration of the States shall be eligible to be appointed, or to be Secretary to the Council'.

A complete list of all items included in the Index as previously described, is presented to the Council at the quarterly meeting and attention is paid to all items that have either increased or decreased in price during the previous thirteen weeks.

Two simple examples from last quarter's figures are –

When the prices of spirits were checked, it was noticed and confirmed by merchants, that what might be described as a price war' was taking place and reductions on various drinks from 50p to £1 per bottle were commonplace.

This had the effect of reducing the index by 0.224.

Changes in the price of cigarettes and tobacco were announced in December and an increase of 3p per packet on popular brands increased the index by 0.211.

These two items, because of the weightings, have tended to cancel themselves out, but if the price of spirits revert to their former level, this will probably influence the index upwards and this would probably be reflected in the next quarter's figures.

2. It is not uncommon for there to be significant differences in the annual rates of inflation inJersey compared with Guernsey and the United Kingdom. For example, inJune 1977 the rate inJersey was

16.5 per cent, whilst in Guernsey it was

20.5 per cent and in the United Kingdom 18 per cent. More recently in December 1981, the Jersey rate was 10.2 per cent, in Guernsey

10.5 per cent, but in the United Kingdom 12 per cent.

The present annual rate in Jersey is 6.8 per cent, whilst in the United Kingdom it is 5.3 per cent. Six months earlier the rate in Jersey was 5.4 per cent, against 3.7 per cent in the United Kingdom, so that in fact over the last six months the rate of inflation has been greater in the United Kingdom than in Jersey.

If this proves anything at all, it is perhaps that isolated figures should be treated with caution, and that short term trends can be misleading. The question which Senator Averty asks here is one which the Council regularly raises in discussion; what has been the case, certainly for several years now, is that over the longer term there is no substantial variation in the index between Jersey and the United Kingdom. To be more specific, over three years the index had risen in Jersey by 23.6 per cent, against 24.4 per cent in the United Kingdom; over 5 years by 61.2 per cent in Jersey and 66 per cent in the United Kingdom; and over 10 years 252 per cent in Jersey, 247 per cent in Guernsey and 244 per cent in the United Kingdom.

The Council therefore believes that the present figures are a fair reflection of current trends, and that given the long-term uniformity with the United Kingdom and Guernsey there is at the moment no cause for concern, BUT the Council will continue to keep the situation under constant review.

I should however emphasise that the role of the Council is one of recording and calculating, not seeking to influence or restrict price movements or enquire into profitability. In this way the measurement of the Jersey Cost of Living Index can be seen to be free from any external influence or pressures.

3. The answer is an emphatic NO. May I repeat the percentage movements over the last 3 years: December to December, 1980–1983: – Jersey

23.6 per cent, Guernsey 22.6 per cent, United Kingdom 24.4 per cent

and over the last 10 years –

Jersey 252 per cent,

Guernsey 247 per cent

United Kingdom 244 per cent.

The Senator asks if a less interested source, for example, the Economic Adviser's Office, could replace the Council.

I believe the Jersey Index is so comparable with Guernsey and the United Kingdom, because it is, in fact, supervised by a very interested body. Who could be more interested than employers and employees, and to disband the Council would be to drive a wedge between these people who have acted in a very responsible manner for many years."

Thrift Clubs. Question and answer.

Deputy Maurice Clement Buesnel of St. Helier asked Deputy Terence John Le Main of St. Helier , President of the Gambling Control Committee, the following question –

"Will the President consider amending the Gambling Control Regulations in order that Thrift Clubs may sell raffle tickets to the public on enclosed premises?"

The President of the Gambling Control Committee replied as follows –

"The principle behind the existing legislation is that lottery tickets may only be sold to the Public if the lottery is conducted for a good cause.

If the Regulations were amended to allow Thrift Club to sell lottery tickets to the Public, this would mean a fundamental change in long established Gambling policy, i.e. public lotteries must not be conducted for purposes of private gain.

The purpose of Thrift Clubs is to save money for their members. They are, therefore, only entitled to promote private lotteries, i.e. where the sale of tickets is confined to members.

Whilst I am sympathetic to the ordinary working man who participates in a Thrift Club, my Committee could not amend the Regulations as suggested by Deputy Buesnel, as it would be manifestly unfair to allow one section of society to promote lotteries for personal profit."

Jersey Electricity Company Limited: Consumer Affairs Board. Question and answer.

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

"In view of the unique relationship between the States and the Jersey Electricity Company Limited, would the President consider the possibility of setting up a Consumer Affairs Board for the benefit of consumers?"

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

"The fact that the States have a controlling interest in The Jersey Electricity Company Limited, and that the Assembly elects four of its Members to the Board, should ensure, and in my view does ensure, that the interests of the consumer and of the Island as a whole, are wholly safeguarded.

It does not, therefore, seem to me that the formation of a Consumers Board is at all necessary."

Mr. Miles Quest, P.R. Agent – Tourism. Question and answer.

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

"Will the President confirm that Mr. Miles Quest has not set up and registered a company for the sole purpose of servicing  the  Jersey  Tourism  account but has, in fact, formed a partnership and, if so, will the President give the name of the partnership, the names of the partners and the names of any person or company backing or supporting the partnership?"

The President of the Tourism Committee replied as follows –

"Because the question is ambiguous it is not capable of a short or simple answer.

If by a Company' the questioner means a limited liability company, then I can confirm that Mr. Miles Quest has not set up and registered a limited liability company for the sole purpose of servicing the Jersey Tourism account. Nor have I at any time referred to a limited liability company being set up for the purpose.

But company', by definition, includes a body of persons combined for some common object, especially to carry on some commercial or industrial undertaking. In that sense, Mr. Quest has set up a company for this sole purpose of servicing the Jersey Tourism account. In many areas, the partner or partners in a firm, whose names are not included in the style or title are embraced within the term and company'.

I confirm that Mr. Miles Quest has set up or formed a company, firm or partnership for the sole purpose of servicing the Jersey Tourism account. The partners are Mr. Miles Quest and Mrs. Diane Needham and the title or business name of the firm is Wordsmith Marketing and Public Relations'. The agreement for the lease of the first floor premises at 35, Albermarle Street, London, W.1, is in the names of Miles Quest and Diane Needham in partnership as Wordsmith Marketing and Public Relations'.

This firm, as well as Mr. Quest's previously existing firm called Wordsmith and Company', are two separate professional partnerships. Because neither are limited liability companies, they are not registered under the Companies Acts.

Wordsmith and Company was registered under the Registration of Business Names Act 1916. However, that Act was repealed by Section 119(5) of, and Schedule 4 to, the Companies Act 1981. The repeal was brought into operation on 26th February, 1982, by the Companies Act 1981 (Commencement No. 3) Order, 1982, in consequence of which there is now no registration procedure which can be applied to Wordsmith Marketing and Public Relations. The firm will comply strictly with the provisions of sections 28 (Control of business names) and 29 (disclosure of names of persons using business names) of the Companies Act 1981, which have replaced the earlier requirement for registration.

The questioner asks me to disclose the names of any person or company backing or supporting the partnership. Obviously, I hope that Wordsmith Marketing and Public Relations will receive the widest possible support in their efforts to publicise Jersey and its tourism industry. Certainly, the President and members of the Tourism Committee will give them every support by attending exhibitions, trade shows, fairs and like functions.

But I suspect that the questioner, although she does not say so, intends to refer to financial backing or support. I would consider it highly improper to ask the partners of Wordsmith Marketing and Public Relations to disclose any private financial arrangements that they may have with their bankers or otherwise and I am not prepared to do so. My Committee is entirely satisfied that the partners have the necessary calibre, stability, experience, ability and integrity to discharge their obligations under the contract.

Finally, I wish to inform the House that the Report of my Committee on the whole matter of the London Office will be on the desks of members on Tuesday next 14th February."

Wordsmith & Co., Wordsmith Marketing and Public Relations. Statement of Senator J.S. Rothwell.

Senator John Stephen Rothwell made a personal statement in the following terms –

"I am aware that there is local and malicious gossip, to the effect that I personally, or some company with which I am connected, may have a financial interest in Wordsmith Marketing and Public Relations. I wish categorically to state that I have no financial interest, whether directly or indirectly, in Wordsmith Marketing and Public Relations, or in Wordsmith and Company. My sole interest in this matter is in the successful promotion of the Jersey Tourism Industry."

Young motor cyclists – training. Statement.

The President of the Defence Committee made a statement in the following terms –

"The Committee's attention has been drawn to the increasing number of accidents involving motor cyclists, which has risen steadily from 63 per year or 5 per month in 1974, to 296 per year or 25 per month in 1983. An even more worrying aspect is the fact that the number of occasions when the motor cyclist was found to be at fault in those accidents has risen from 38 per cent in 1974 to 56 per cent in 1983. These facts indicated to the Committee that there was a need for some form of motor cycle training for young motor cyclists.

The Committee is aware of the first class training available in Jersey from the National Motor Cycle Training Schemes – Star Rider. However, it would appear that relatively few young motor cyclists are availing themselves of the training available. The Committee fees that the provision of training in road craft and basic motor cycle skills in schools and youth clubs would go some way towards reducing both the number of accidents and the incidence of bad riding by young motor cyclists, and with the co-operation of the Motor Traffic Office, the States Police are in the process of preparing a training scheme for use in schools and youth clubs. Both Education and the Youth Service have given their enthusiastic support to the idea.

Considerable co-operation exists between the Police and the local representative of the National Motor Cycle Training School, and plans are well ahead to produce a new training scheme run by the Star Rider organisation in Jersey, to follow on from the basic levels taught by the Police Training Scheme.

The Police Scheme is aimed at young people who are just below the legal age of motor cycling and, with that in mind, the Committee is very aware of the need to obtain parental consent for the youngsters to take part in the Scheme. It is the intention of the Police to provide both the motor cycles and the protective head gear needed to run the course, and it is of prime importance that the machines, the instructors and the riders, are fully covered by insurance, and this of course, is expensive.

It is my intention to come back to the States on the next Supply Day for funds to assist in the financing of the Scheme. The manpower required for the training is being drawn, in the main, from off-duty Police Officers who have volunteered their assistance. This will be supplemented by the Force Driving Instructors during the periods when they are not required for internal driver training."

Maincrop Potato Marketing Scheme (Amendment No. 4) (Jersey) Act, 1984.

THE STATES, in pursuance of paragraph (6) of Article 2 of the Agricultural Marketing (Jersey) Laws, 1953 to 1983, as applied by paragraph (2) of Article 6 of the said laws, adopted an Act entitled the Maincrop Potato Marketing (Amendment No. 4) (Jersey) Act, 1984.

Maincrop Potato Marketing Scheme: amendments.

THE STATES, having rejected sub-paragraph (i)(a), adopted a Proposition of Deputy Hendricus Adolphus Vandervliet of St. Lawrence and agreed –

1. that the Maincrop Potato Marketing Scheme, 1968, as amended, should be further amended by providing for producers of less than 10 perch of maincrop potatoes to be exempt from the operation of Part 4 of the Scheme; and
2. requested the Agriculture and Fisheries Committee to take the necessary action under Article 6(5) of the Agricultural Marketing (Jersey) Law, 1953, for the amendment to be presented to the States in due course.

Members present voted as follows for sub-paragraph (i)(a) –

"Pour" (4)

Senators

Sandeman.

Connétable s

St. Mary , Trinity .

Deputies

Vandervliet.

"Contre" (44)

Senators

Vibert , Le Marquand, Shenton, Jeune , Averty, Binnington, de Carteret, Horsfall, Ellis, Baal, Rothwell.

Connétable s

St. Ouen , Grouville , St. Saviour , St. Brelade , St. Martin , St. Peter , St. Helier , St. Clement .

Deputies

Mourant(H), St. Ouen , Morel (S), Le Maistre(H), Quenault(B), Perkins(C), Roche(S), Le Brocq(H), Le Quesne(S), Trinity , St. Martin , Filleul(H), Le Main(H), Farley(H), Le Fondré(L), Rumboll(H), Buesnel(H), Grouville , St. Mary , Beadle(B), Wavell(H), Blampied(H), Billot(S), Norman(C), St. John .

Education Committee – Grant to Arts Council. 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 –

Education Committee

Grant to Arts Council (3030A) £12,000.

Link Road to Bellozanne Valley: covenant on land.

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

1. referred to their Act dated 25th May, 1982, approving the construction of a new road between St. Aubin's Road and Bellozanne Valley, and authorised the Public Works Committee to negotiate with the owners of Nos. 1–7 Hautbois Terrace for the modification of the restrictive covenant in favour of those properties at a fair and proper price to be agreed with the Finance and Economics Committee;
2. agreed that, in the event of it not being possible to agree a fair and proper price with the owners, the Public Works Committee should be empowered to acquire the interest, 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;
3. authorised the payment or discharge of the expenses to be incurred in connexion with the removal of the covenant from the vote of credit granted to the Public Works Committee under the heading: – Roads – Improvements, Property Acquisition and Investigation (C.5303);
4. authorised the Attorney General and the Greffier of the States to pass on behalf of the Public any contracts which it might be found to be necessary to pass in connexion with the modification of the covenant.

Social Security: Supplementary Convention with Austria.

THE STATES, adopting a Proposition of the Social Security Committee, requested the Bailiff to inform the Secretary of State that it is the wish of the Assembly that the Supplementary Convention to the Convention of 22nd July, 1980 between the United Kingdom of Great Britain and Northern Ireland, and the Republic of Austria on Social Security should apply to Jersey.

THE STATES rose at 4.15 p.m.

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