States Minutes 15th January 1985

THE  STATES  assembled  on  Tuesday, 15th January, 1985 at 10.15 a.m. under the Presidency of the Bailiff , Sir Frank Ereaut.

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His Excellency The Lieutenant Governor, Admiral Sir William Pillar, G.B.E., K.C.B., was present.

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All members were present with the exception of –

Senator Ralph Vibert – absent.

Senator Jane Patricia Sandeman – ill.

David John de la Haye, Deputy of St. Ouen – out of the Island. Edgar John Becquet, Deputy of Trinity – absent.

Margaret Sylvia Rose Beadle, Deputy of St. Brelade – absent. Michael Adam Wavell, Deputy of St. Helier – absent.

William George Mahoney, Deputy of St. Helier – out of the Island.

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Prayers ____________

Attendance excused.

The Bailiff stated that because of the severe weather conditions, those Members who were absent would be excused attendance.

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

19   Price : £1.00

1. Ancillary Dental Workers (Registration) (Fees) (Jersey) Order, 1984. R & O 7352.
2. Income Tax (Small Maintenance Payments) (Amendment) (Jersey) Order, 1984. R & O 7353.
3. Amendment (No. 6) to the Tariff of Harbour and Light Dues. R & O 7354.
4. Depositors and Investors (Prevention of Fraud) (List of Registered Persons) (Amendment No. 4) (Jersey) Order, 1984. R & O 7355.
5. Motor Vehicles (Construction and Use) (Amendment No. 14) (Revocation) (Jersey) Order, 1985. R & O 7356.
6. Motor Vehicles (Construction and Use) (Amendment No. 15) (Jersey) Order, 1985. R & O 7357.
7. Motor Vehicles (Driving Licences) (Amendment No.11) (Jersey) Order, 1984. R & O 7358.
8. Airport Dues (Tariff) (Jersey) Order, 1985. R & O 7359.
9. Wine and Made-Wine (Revenue Duty) (Amendment No.2) (Jersey) Order, 1985. R & O 7360.
10. Road Traffic (Saint Clement) (Amendment No. 7) (Jersey) Order, 1985. R & O 7361.
11. Road Traffic (Saint Saviour) (Amendment No. 10) (Jersey) Order, 1985. R & O 7362.

Housing Committee – appointment of member.

THE STATES appointed Bertram Manning Le Maistre, Deputy of St. Mary , as a member of the Housing Committee.

Matters noted – land transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 12th December, 1984 and 7th January, 1985, respectively, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Agriculture and Fisheries Committee, the renewal of the lease to Mr. Leonard Picot of the Field known as La Geonnerie, Les Platons, Trinity , measuring 2V.16.22, which was part of, but removed from the Howard Davis Farm, with effect from 25th December, 1984, for a period of three years, subject to six months' notice to terminate the lease, at an annual rent of £96;
2. as recommended by the Harbours and Airport Committee, the renewal of the lease to Mr. Leonard Edward John Moon of Letting No. 40A, at Jersey Airport, for a period of three years with effect from 25th December, 1984, at an annual rent of £500;
3. as recommended by the Harbours and Airport Committee, the renewal of the lease to Sea Express (C.I.) Limited of400 square feet of floor office accommodation on the Albert Pier, Portof St. Helier , known as Letting No. A20, for a period of three years with effect from 1st January, 1985, at an annual rent of £1,600, representing a rate of £4 a square foot a year;
4. as recommended by the Harbours and Airport Committee, the renewal of the lease to St. Catherine's Angling Association of approximately 163 square feet of accommodation in one of the archways at St. Catherine's Breakwater for a period of three years with effect from 1st November, 1984, at an annual rent of £140;
5. as recommended by the Harbours and Airport Committee, the renewal of the lease to the Royal National Lifeboat Institution of the store, known as Letting No. A30, on the Albert Pier, Portof St. Helier , for a period of three years commencing 25th December, 1984, at a nominal annual rent of 5 pence;

6. as recommended by the Harbours and Airport Committee, the renewal of the lease to Miss Lillian Jemima Le Couteur of Archirondel Cottage, St. Martin , for a period of three years with effect from 25th December, 1984, at an annual rent of £340;
7. as recommended by the Harbours and Airport Committee, the leasing to Rayson Marine Limited, trading as Channel Island Yacht Services, of208 square feet of accommodation (known as Letting No. N18B) on the New North Quay, Port of St. Helier for a period of three years with effect from 1st December, 1984, at an annual rent of £1,500;
8. as recommended by the Island Development Committee, the purchase of Field 1736, St. Ouen , from Mrs. Eva Louisa Le Maistre, née de la Haye, for the sum of £2,500 (a rate of £650 a vergée), in order to provide a link in the endeavour to create a landward footpath at La Ville au Bas, St. Ouen ;
9. as recommended by the Island Development Committee, the purchase of an area of land measuring 5,163 square feet known as plot 25, La Grande Route des Mielles, St. Ouen , from Miss Dorothy Barnes, for a consideration of £162.40 and the cession free of charge by Miss Barnes of an area of land to the rear of the sea wall measuring approximately 150 feet from the north and 23 feet from east to west, plus the payment of legal fees;
10. as recommended by the Housing Committee, the purchase of 4 Waverley Place, St. Helier , with the support of the Island Development Committee, from Mr. Robin Valentine de la Haye and Mrs. Suzanne Pauline de la Haye, née de Gruchy, for a consideration of £28,500 plus the payment of £2,000 disturbance allowance and scale legal fees;
11. as recommended by the Housing Committee, the purchase of 5 Waverley Place, St. Helier , with the support of the Island Development Committee, from Miss Margaret Salmond Anderson for a consideration of £30,000 plus a payment of £2,000 disturbance allowance plus scale legal fees;

12. as recommended by the Housing Committee with the support of the Island Development Committee, the purchase of 4 Columbus Street, St. Helier for a consideration of £25,323 made up as follows –

£5,323 to the life tenant Mrs. Helen Marie Allix, née Gautier; and

£20,000 to the reversionary owners, Messrs. Peter George du Heaume Allix, Richard Ivan du Heaume Allix, John Ralph Gillespie, Michael Julian Gillespie and Peter Stuart Gillespie,

plus the payment of scale legal fees;

13. as recommended by the Housing Committee, the sale of approximately 153 square feet of land at Clos de Noirmont, St. Brelade , to Mr. Patrick Tobin and Mrs. Sandra Morgan Tobin, née Thorne , the owners of the property Reve d'Or, Mont Arthur, St. Brelade , for the sum of £100 plus the payment of all legal fees;
14. as recommended by the Public Works Committee, the purchase of a small area of land at Rue des Pres, St. Saviour , shown on Plan No. MS/186/A from Brookhall Holdings Limited, for a consideration of £1,311 plus the payment of legal expenses;
15. as recommended by the Public Works Committee, the leasing to Mr. Peter Edward Langlois of car park and storage space at L'Etacq Car Park, St. Ouen , for the sum of £120 a year for three years with effect from 1st January, 1985, and to the leasing to L'Etacq Woodcrafts Limited of a storage area at L'Etacq Car Park for a period of three years with effect from 1st January, 1985, at an annual rent of £180;

16. as recommended by the Public Health Committee, and in pursuance of an Act of the States dated 20th November, 1979, accepting the devise of the late Mrs. Eunice Jane Bailhache , née Hubert, of specified properties, the sub-leasing by Cozport (Jersey) Limited to Mr. Helmut Siegfried Danklmayer, (Meyer Restaurants Limited) of the ground floor restaurant and appurtenances at 78, New Street, St. Helier ;
17. as recommended by the Harbours and Airport Committee, the assignment from the Estate of the late Mr. E.A. Langford to Mrs. Jill Morris, née Langford, of the lease of La Folie Inn, South Pier, St. Helier , which had commenced on 24th June, 1983, for a period of nine years, at a guaranteed sum of £6,000 a year plus 7 per cent of the gross turnover in excess of £130,000, subject to review at the third and sixth years of the lease.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Pollution of the North Sea: agreement. P.1/85.

Presented by the Harbours and Airport Committee. The States decided to take this subject into consideration on 5th February, 1985.

2. Draft Pilotage (General Provisions) (Amendment No. 9) (Jersey) Regulations, 1985. P.2/85.

Presented by the Harbours and Airport Committee. The States decided to take this subject into consideration on 5th February, 1985.

3. Draft Parish Rate (Administration) (Amendment No. 5) (Jersey) Law, 198 . P.3/85.

Presented by Deputy Dereck André Carter of St. Helier and referred to the Finance and Economics Committee.

4. La Collette Reclamation Site: leases. P.4/85.

Presented by the Harbours and Airport Committee. The States decided to take this subject into consideration on 5th February, 1985.

5. Draft Family Nursing Services (Jersey) Law, 198 . P.5/85. Presented by Deputy Corrie Stein of Grouville and referred to the Public Health Committee.

Arrangement of Public Business for Spring Session.

THE STATES decided to take the undermentioned subjects into consideration on – 5th February, 1985

Jersey Energy Report 1984. P.169/84. Lodged: 4th December, 1984. Resources Recovery Board.

(Report dated November, 1984 refers).

19th March, 1985

Consumer Protection Legislation. P.150/84. Lodged: 6th November, 1984.

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

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 .

(Report of the Legislation Committee – P.101/83 refers).

Queen's Road/Rouge Bouillon junction: improvements. P.13/84. Lodged: 7th February, 1984.

Senator J.P. Sandeman.

Draft Dangerous Buildings and Structures (Jersey) Law, 198 . P.55/84.

Lodged: 8th May, 1984 and referred back to Committee after debate on 5.6.84.

Island Development Committee.

Draft Gambling (Gaming and Lotteries) (Amendment No. 7) (Jersey) Regulations, 198 . P.92/84.

Lodged: 3rd July, 1984.

Gambling Control Committee.

(Deferred from 31st July and 21st August, 1984).

Preparation of Conveyances by non-lawyers. P.120/84. Lodged: 4th September, 1984.

Senator R.J. Shenton.

Public 9-hole golf course. P.121/84. Lodged: 4th September, 1984. Senator J.P. Sandeman.

Draft Video Recordings (Jersey) Law, 198 . P.135/84. Lodged: 25th September, 1984.

Education Committee.

La Longue Caserne: gift to Jersey Heritage Trust. P.136/84. Lodged: 25th September, 1984.

Public Works Committee.

Public 18-hole golf course, Les Landes, St. Ouen . P.139/84. Lodged: 25th September, 1984.

Deputy J. Le Gallais of St. Saviour .

Bonding Arrangements for Thrift Clubs on licensed premises. P.147/84.

Lodged: 23rd October, 1984 and taken back on 6th November, 1984. Deputy G.D. Thorne of St. Brelade .

Draft Amendment (No. ) to the Standing Orders of Jersey. P.151/84. Lodged: 6th November, 1984 and debated on 11th December, 1984. Paragraph 1.(1) "(1A)" referred back, paragraph 1.(1) "(1B)" defeated. Senator P.F. Horsfall.

Company and Bankruptcy Legislation. P.159/84. Lodged: 20th November, 1984.

Senator J.P. Sandeman.

Committee of Inquiry into the Franchise (Jersey) Law, 1968. P.168/84.

Lodged: 27th November, 1984.

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

Committee of Inquiry into the Franchise (Jersey) Law, 1968 (P.168/84): amendment. P.170/84.

Lodged: 11th December, 1984.

Senator R. Vibert .

Public Works Committee – Jersey Heritage Trust: supplementary vote of credit. P.174/84.

Lodged: 11th December, 1984.

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 .

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 .

Subjects lodged "au Greffe" – withdrawn.

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

Health Insurance Exception Scheme: Extension. Paragraph (ii). P.29/83.

Lodged: 21st March, 1983.

Social Security Committee.

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

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 .

Tradition of Honorary Service. P.21/84. Lodged: 14th February, 1984.

Senator J. Le Marquand.

Draft Regulation of Undertakings and Development (Amendment No. 2) (Jersey) Regulations, 198 . P.84/84.

Lodged: 19th June, 1984 – deferred after debate 25th September, 1984. Finance and Economics Committee.

Removal of fuel tanks at South Hill: additional vote of credit. P.90/84. Lodged: 26th June, 1984.

Finance and Economics Committee.

Draft Building Loans (Miscellaneous Provisions) (Amendment No. 18) (Jersey) Regulations, 198 . P.94/84.

Lodged: 3rd July, 1984.

Housing Committee.

Annulment of Motor Vehicles (Construction and Use) (Amendment No. 14) (Jersey) Order, 1984. P.110/84.

Lodged: 7th August, 1984.

Deputy M.C. Buesnel of St. Helier .

Compulsory wearing of seatbelts: rescission of Act of States. P.148/84.

Lodged: 23rd October, 1984.

Deputy M.C. Buesnel of St. Helier .

STATES MINUTES

Purchase of land at Bellozanne, St. Helier . P.172/84.

15th January 1985

THE STATES acceded to the request by the President of the Resources Recovery Board that the Proposition relating to the purchase of land at Bellozanne, St. Helier (P.172/84 – lodged on 11th December, 1984) be considered at the present Sitting.

Draft Finance (Jersey) Law, 1985. P.173/84.

THE STATES acceded to the request of the President of the Finance and Economics Committee that the draft Finance (Jersey) Law, 1985 (P.173/84 – lodged in second reading on 5th December, 1984) be considered before the Proposition relating to the purchase of land at Bellozanne, St. Helier at the present Sitting.

Retirement of senior officers in the Police Force: Questions and answers.

Senator Terence John Le Main asked Senator John William Ellis, President of the Defence Committee, the following questions –

"Would the President inform the House –

1. Is he aware of the concern being expressed by the general public because of the early retirement of senior officers in the States of Jersey Police Force?
2. Will he please inform the House why these Officers have chosen to retire early?
3. Has the Defence Committee interviewed the Officers?
4. Bearing in mind the wish of the electorate at the recent elections for Senators and Deputies to see local people fill vacancies in the States' departments, will these posts be filled by local members of the Force?"

The President of the Defence Committee replied as follows –

"1. Yes.

2. Superintendent A. Le Maistre retired on 31st December, 1984, having served for longer than the minimum period required under the relevant pension regulations.

It has long been known that Chief Inspector V. Giannoni intended to retire on 25th March, 1985, and Chief Inspector M. Buard on 28th June, 1985, the dates on which they will have served the minimum period required under the pension regulations. Both officers wish, understandably, to take their pensions whilst being at a young enough age to be able to consider alternative opportunities for the future.

Chief Inspector C. Quinn has not reached a final decision as to his retirement date, although he has given notice of the likelihood of his possible retirement in October, 1985.

3. Yes.
4. It is the policy of the Defence Committee to promote local people to the senior posts within the Force wherever possible and it is the long-term aim of the Committee to achieve a situation where the senior posts within the Force will be filled entirely by local people.

Nevertheless, due to the impending retirements, in order to achieve that long-term aim and to facilitate the training of local officers for the senior posts within the Force, it will be necessary to bring in help from the United Kingdom and the Committee has accordingly decided to seek the secondment of a Superintendent from a United Kingdom Force for a two-year period.

It is the hope of the Committee that all other vacancies that occur in senior posts within the Force will be filled by local persons in due course."

Electricity cable link with France. Statement.

Senator Reginald Robert Jeune , President of the Finance and Economics Committee, made a statement in the following terms –

"A letter from the J.E.C. of the 18th December, 1984 addressed to Island businesses made reference to the future electricity supply interruptions and this has caused some concern, particularly in the finance sector. I have had discussions with the Chairman and Managing Director of the J.E.C. and attended a Board Meeting held last Saturday. It appears that the warnings in the letter have assumed proportions in the minds of the public which was never intended by the Managing Director of the J.E.C. under whose authority the letter was sent.

Yesterday a meeting was held where representatives of the business community were invited to discuss the matter with the Managing Director of the J.E.C. They were informed that whilst more interruptions could occur after the connection than before, they should be small in number. In fact the Électricité de France have confirmed that on past averages such interruptions should not exceed eight throughout the year. Members will have read the statement from the Company contained in yesterday's edition of the Evening Post which explains the situation more fully.

I intend to keep this subject under close review, and maintain contact with the business community, and will make a further statement to the House if this becomes necessary."

Housing Department: staffing. Statement.

Deputy Hendricus Adolphus Vandervliet of St. Lawrence , President of the Housing Committee, made a statement in the following terms –

"I should like to correct remarks which appeared in the Jersey Evening Post last week about the staffing of my Department. The position is that my Chief Officer, in explaining why he was not at present prepared to promise special leave to a member of staff who wished to join the Territorial Army, told Mr. Liron of the Transport and General Workers' Union of discussions taking place between him and the States Personnel Department about manning levels in the Housing Department and a review of the working of the manual workers' incentive bonus scheme there. He expressed the view that the result of those activities would be an increase in staff, which would enable him to give a different answer to the requests for leave. The two Departments expect to conclude their review and discussions within the next two months, and the two Committees will then consider the outcome.

While I cannot prejudge the studies at present being made, and while it may be that some extra resources will be required, I can assure the House that the Housing Department is able to handle its work and that tenants have no reason to fear that their needs will be neglected."

Transport Advisory Council: appointment of members.

THE STATES, adopting a Proposition of the Harbours and Airport Committee, referred to their Acts dated 10th June and 25th November, 1980, and appointed the following as Members of the Transport Advisory Council, namely –

Senator Richard Joseph Shenton

Senator Reginald Robert Jeune , O.B.E.

Deputy John Nicolle Le Fondré of St. Lawrence .

Channel Island Ferries Limited: lease of accommodation.

THE STATES commenced consideration of a Proposition of the Harbours and Airport Committee regarding the lease of accommodation to Channel Island Ferries Limited. After discussion and on the Proposition of Deputy Donald George Filleul of St. Helier , the Proposition was lodged "au Greffe". The States decided to take this subject into consideration on 5th February, 1985.

Jersey Shipping Company Limited: lease of accommodation.

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

1. approved the lease to Jersey Shipping Company Limited of3,160 sq.ft. of warehouse accommodation situated on the New North Quay, St. Helier , for a period of three years with effect from 1st February, 1985 at an annual rent of £6,636 representing a rate of £2.10 a square foot a year;
2. authorised the Greffier of the States to sign the necessary agreement;
3. authorised the Treasurer of the States to receive the rent as it became due.

No. 29, St. James Street, St. Helier : purchase.

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

1. approved the purchase from Mrs. Pauline Peggy Norman, née Brabeck, of the property No. 29, St. James Street, St. Helier , for the sum of £165,000, with 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 in the matter;
3. authorised the Treasurer of the States to make the necessary payment out of the Vote of Credit C.0303 – Road improvements, property acquisition and investigation.

1986 Census of population in Jersey.

THE STATES, adopting a Proposition of the Etat Civil Committee –

1. agreed that a Census of the Population should be taken in the Island on Sunday, 23rd March, 1986;
2. charged the Etat Civil Committee to take the necessary steps to carry out the said Census.

Finance (Jersey) Law, 1985.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Finance (Jersey) Law, 1985.

Purchase of land at Bellozanne, St. Helier .

THE STATES, having accepted an amendment of the Resources Recovery Board that in its Proposition, paragraph (b) be deleted, paragraphs (c), (d), (e), (f) and (g) be re-lettered accordingly and that in the re-lettered paragraph (c) for the words "to agree a fair and proper purchase price with the owner" should be substituted the words "to agree fair and proper purchase prices with the owners", adopted the Board's Proposition and –

1. approved the purchase by the public of the Island of an area of approximately 3.47 vergées of land shown hatched in green on Plan No. G.1027 from Mr. John Pirouet of Vaucluse, Mont Cochon, St. Helier and authorised the Greffier of the States to sign the said plan on behalf of the States;
2. approved the purchase by the public of the Island of an area of approximately 0.73 vergées of land shown hatched in red on Plan No. G.1028 from Mr. Frederick Michael Wilcock of Bushy Farm, La Ruelle Vaucluse, Mont Cochon, St. Helier and authorised the Greffier of the States to sign the said plan on behalf of the States;
3. agreed that if it should prove impossible to agree fair and proper purchase prices with the owners, the Island Development Committee should be empowered, in exercise of 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;

4. authorised the payment or discharge of the expenses to be incurred in connexion with the acquisition of land and of all interests therein, including the commutation of any seignorial rights and the payment of legal expenses out of the Vote of Credit to the Island Development Committee under the heading "Acquisitions Major Reserve" (C.0904);
5. authorised the Island Development Committee to transfer the land to the administration of the Resources Recovery Board;
6. authorised the Attorney General and the Greffier of the States to pass on behalf of the public any contracts which it is found necessary to pass in connexion with the acquisition of the said land and any interests therein.

THE STATES rose at 12.10 p.m.

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