States Minutes 16th April 1985

THE  STATES  assembled  on  Tuesday, 16th April, 1985 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 Ralph Vibert – out of the Island.

Senator Jane Patricia Sandeman – ill.

Leonard James Norman, Connétable of St. Saviour – out of the Island.

Fred Philip Webber Clarke, Connétable of St. Helier – out of the Island.

Edwin Le Gresley Godel, Connétable of St. Mary – out of the Island.

John Le Gallais, Deputy of St. Saviour – ill.

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Prayers ____________

Extraordinary Sitting – Liberation Anniversary.

THE STATES, referring to their Act of 26th March, 1985, agreeing to hold an Extraordinary Sitting on Wednesday, 8th May, 1985, as part of the Celebration of the 40th Anniversary of the Liberation and to allow the media to be present to record the Sitting live, agreed that cameras could record the proceedings from the civil servants' room.

States Meeting 7th May, 1985 – cancellation.

THE STATES agreed not to hold a Meeting on Tuesday, 7th May, 1985, because of the Liberation Anniversary Celebrations.

77   Price : £1.00

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

1. Health Insurance (Pharmaceutical Benefit) (Prescribed List) (Amendment No. 17) (Jersey) Order, 1985. R & O 7380.
2. Motor Vehicles (Construction and Use) (Amendment No. 17) (Jersey) Order, 1985. R & O 7381.

Industrial Relations Advisory Service Report for 1984. R.C.7.

The Industrial Relations Committee by Act dated 1st March, 1985, presented to the States a Report of the Industrial Relations Advisory Service for 1984.

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

Prison Board Report 1984. R.C.8.

The Prison Board by Act dated 25th February, 1985, presented to the States the Report of the Board for 1984.

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

Island Development Committee – Statistical information for 1984. R.C.9.

The Island Development Committee by Act dated 18th March, 1984, presented to the States Statistical Information for 1984.

THE STATES ordered that the said Statistical Information be printed and distributed.

Report regarding complaints received under the Administrative Decisions (Review) (Jersey) Law, 1982, during 1983 and 1984. R.C.10.

The Special Committee appointed to consider the relationship between Committees and the States by Act dated 16th April, 1985, presented to the States a report of the Panel of Members regarding complaints received under the Administrative Decisions (Review) (Jersey) Law, 1982, during 1983 and 1984.

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

States of Jersey Fire Service Report 1984.

The Defence Committee by Act dated 4th April, 1985, presented to the States a Report on the administration of the States of Jersey Fire Service for the year ended 31st December, 1984.

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

Matters noted – land transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 25th March and 1st April, 1985, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Public Health Committee, the renewal of the lease from Mrs. Gaye Campleton, née Mathew, of three flats at 45, David Place, St. Helier , required for staff accommodation, for a period of one year from December, 1984, at an annual rent of £3,785.60;
2. as recommended by the Public Works Committee, the purchase from Randalls Vautier Limited of areas of land required at La Belle Etoile, St. John , in connexion with road widening at Route de Mont Mado and Rue des Issues, St. John , subject to the public being responsible for the legal costs involved in the preparation of a contract to be registered in the Royal Court and also the costs involved in the approach to the Licensing Bench, namely 1,404 square feet of land for a consideration of £1,000, which reflected a rate of £0.71 a square foot, as follows –

1. to the north-east of the car park, 234 square feet of land which would be surfaced as part of the footpath;
2. to the east of the buildings, 225 square feet of land which would be surfaced as part of the footpath and finished with a kerb edge to the west side. It would be necessary to remove an overgrown privet hedge;
3. to the south of the main buildings, 945 square feet of land. It would be necessary to construct a new granite wall which would then become the property of the company. The eastern section of that wall would be in granite, to a height of 3 feet above normal ground level, but the western section would be a double wall to act also as a planting bed in a similar style to that which existed now;

3. as recommended by the Public Works Committee, the cession free of charge by La Cave (Sandybrook) Limited of 72 square feet of land at King's Close, Pontac, St. Clement , required in connexion with a road improvement scheme, subject to the condition that the public would be responsible for all the necessary accommodation works, including the building of walls in a suitable medium, and also for the Company's legal costs on a full indemnity basis;
4. as recommended by the Education Committee, the renewal from Waterfords Limited of the lease of3, Wakeford Close, Blenheim Avenue, St. Saviour , for a period of one year, expiring 29th December, 1985,

at a weekly rent of £50.76 (£2,639.52 a year) required for use as teachers' accommodation;

5. as recommended by the Housing Committee, the granting of vehicular access and drainage rights to owners of properties adjoining the Balmain Nursery development, namely –

1. to C.B.A. Holdings Limited, owners of Le Cavalier, the granting of a single vehicle access, for the sum of £1,000;
2. to Graeme Thomas Gallichan, owner of The Nest, the granting of a single vehicular access for the sum of £1,000;
3. to Edward Arnold, owner of Langley, the granting of a single vehicular access as well as rights to connect on to both foul and surface water drains for the sum of £1,500;

6. as recommended by the Housing Committee, the passing of a Contrat de Bornement with Mr. Albert Joseph Audrain in order to clarify the boundary line between his property Avondale, Trinity Gardens, St. Helier , and Le Geyt Flats, St. Helier ;
7. as recommended by the Housing Committee, the renewal of the lease to The Jersey Electricity Company Limited of the sites for the Westmount Road Sub-Station No. 45 and Westmount Park Section Pillar No. 754, St. Helier , for a further period of21 years with effect from 26th December, 1985,at an annual rent of £1 payable in advance in one sum of £21;
8. as recommended by the Harbours and Airport Committee, the lease to Sealink U.K. Limited of250 square feet of office accommodation within the passenger building on the Albert Pier, at a rate of £1,128 for a period of three years with effect from 1st April, 1985;

9. as recommended by the Harbours and Airport Committee, the renewal of the lease to British Caledonian Airways, for a period of three years, with effect from 1st April, 1985,on the following basis –

1. reservations desks in the terminal building known as Letting B.8 at an annual rent of £1,375 representing a rate of £5.50 a square foot a year; and
2. office accommodation on the first floor of the freight terminal known as Letting B.130 at an annual rent of £1,218.38 representing a rate of £4.75 a square foot a year;

10. as recommended by the Island Development Committee, and in pursuance of an Act of the States dated 18th April, 1978, the purchase from Mr. John Leon Bazire of the area of land known as Plot 41, La Grande Route des Mielles, St. Ouen , for a consideration of £2,000 plus legal fees;
11. as recommended by the Housing Committee, with the support of the Island Development Committee, the purchase from Mr. Clarence Helier Hamon of the property No. 21 Dorset Street, St. Helier , required in connexion with a redevelopment scheme, for a consideration of £20,000 plus the payment of scale legal fees;
12. as recommended by the Housing Committee, with the support of the Island Development Committee, the purchase from Montane Guest House Limited of Astral Guest House, Great Union Road, St. Helier , required in connexion with the provision of hostel accommodation, for a consideration of £170,000 for the realty with each party being responsible for its own legal fees.

Matter noted – financial transaction.

THE STATES noted an Act of the Finance and Economics Committee dated 25th March, 1985, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that the Education Committee had accepted the lowest of three tenders, namely that submitted by Regal Construction Company Limited in the sum of £35,520.05 in a contract period of 20 weeks for a one-classroom extension to Janvrin School.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Airport Freight Terminal Building: lease of freight bays. P.32/85.

Presented by the Harbours and Airport Committee.

2. Draft Federated Pension Scheme for Medical, Nursing and Auxiliary Staff, Jersey (Rule) (Amendment No. 2) Act, 198 . P.33/85.

Presented by the Establishment Committee.

3. Draft Sea-Fisheries (Amendment No. 3) (Jersey) Law, 198 . P.34/85.

Presented by the Agriculture and Fisheries Committee.

4. Draft Road Traffic (No. 28) (Jersey) Regulations, 198 . (P.28/85): Amendment. P.35/85.

Presented by Senator Richard Joseph Shenton.

THE STATES decided to take the abovementioned subjects into consideration on 30th April, 1985.

The following subjects were lodged on 2nd April, 1985 –

1. Draft Criminal Justice (Probation Orders) (Jersey) Law, 198 . P.27/85.

Presented by the Legislation Committee.

2. Draft Road Traffic (No. 28) (Jersey) Regulations, 198 . P.28/85.

Presented by the Defence Committee.

3. 62 New St. John 's Road, St. Helier : sale of site. P.29/85.

Presented by the Housing Committee.

THE STATES decided to take the abovementioned subjects into consideration on 30th April, 1985.

4. Telecommunications Board: privatisation. P.30/85. Presented by Senator Richard Joseph Shenton.
5. Draft Licensing (No. 4) (Jersey) Regulations, 198 . P.31/85.

Presented by the Tourism Committee.

English solicitors, barristers and law practices. Questions and answers.

Senator Richard Joseph Shenton asked Senator Reginald Robert Jeune , President of the Finance and Economics Committee, the following questions –

"Would the President inform the House of the following –

1. the number of English solicitors and barristers who have been given permission to practise under category J since 1973;
2. the number of undertakings which have received consent to start English law practices since 1973;
3. the total number of English solicitors and barristers actually working in the Island either for themselves or practices and companies?"

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

"(a) Since 1973 fifteen consents have been granted under

Housing Regulation 1(1)(j), almost without exception to firms of Jersey advocates or long established firms of English/Jersey solicitors, in respect of English solicitors or barristers presently resident in the Island.

2. Since 1973 seven consents have been granted under the Regulation of Undertakings and Development Law for the commencement of new English solicitor undertakings, but since 1975of the consents granted all have been to persons who themselves, or through their wives, have had residential qualifications.
3. Information on the total number of English solicitors and barristers actually working in the Island is not available. Those with residential qualifications, or those who though qualified may be working in a non-professional capacity for banks, etc., are not identifiable from records kept in the Departments for which my Committee is responsible. There are others who though known to be qualified as English solicitors or barristers have taken up residence with permission under the Housing Regulation 1(1)(k), and it is not known in all cases how actively engaged in practice they are within the Island. However, from what information is available it is estimated that there are between 30 and 40 English solicitors and barristers actively operating in a professional capacity within the Island, the majority of whom have residential qualifications."

Alcoholism. Statement.

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

"1. In November, 1984, the Public Health Committee

held a Seminar at the Town Hall , St. Helier , on the problems of alcoholism in Jersey which attracted considerable publicity and was attended by a wide cross-section of the Island's community, including representatives of the various authorities, social agencies and voluntary organisations involved in this particular problem.

2. The Seminar, which was organised by the Medical Officer of Health and chaired by the President of the Public Health Committee, was addressed by a number

of professionals, including Dr. J.P. Fogarty, Senior Consultant Psychiatrist to the Public Health Committee, Mr. D. Parkinson, Chief Officer, States of Jersey Police, Mr. D. Fenoughty, Chief Probation Officer and Mr. T.R. Powell, Senior Probation Officer, Day Care Team, Oxford. At the conclusion of the Seminar the Committee's President indicated that his Committee would give urgent consideration to the problems of alcoholism in Jersey and that it would report to the States on the matter as soon as possible.

3. Subsequently, the President and his senior officers have begun an in-depth review of existing services and are attempting to quantify, in real terms, the full extent of the problem in the Island. This had proved to be an extremely difficult task and Dr. Fogarty is currently co-ordinating a survey, in consultation with other professionals in the Island, the results of which will, hopefully, be presented to the Committee with the minimum of delay.
4. Meetings have already been held with interested parties and a number of Papers received which outline various approaches to the problem. In March, 1985, the President, Dr. Fogarty and the Chief Administrator visited three specialist treatment centres in the United Kingdom and further visits are being planned within the next month. Meetings are also to be arranged between representatives of the Committee and the Jersey Council on Alcoholism, the local branch of Alcoholics Anonymous, representatives of the General Practitioners and other interested persons, including a group of local residents which has expressed a wish to establish a Special Alcohol Treatment Centre in the Island.
5. It is evident to the Committee, even at this early stage in its deliberations, that, heavy drinking' and alcoholism are growing in the western world and are affecting, to various degrees, large sections of the community from all walks of life. It is also apparent that no single solution exists and that a complex integration of the facilities available will need to be achieved – which will involve changes on a number of fronts – if improved results are to be attained.

6. The  following  key  areas  have  been  highlighted  for consideration –

1. Health education/prevention

The need to mount a sustained media and educational/schools programme designed to increase public awareness of the problems of heavy drinking and alcoholism and to encourage moderation in drinking habits and an understanding of the genuine problem of alcoholism. In this connexion the Committee is seeking the advice of the Health Education Council in the United Kingdom and will be including a sum in its 1986 Estimates to finance this programme.

2. The price of alcohol

There are those who offer the opinion that there is a relationship between the price of alcoholic drinks and the extent of the problem in Jersey. The Committee intends to study this evidence closely before reaching any conclusion.

3. Treatment of alcoholism

Current investigations indicate that no single pattern of treatment achieves a perceptibly higher rate of success than any other. The indications are that a range of facilities needs to be readily available to enable doctors to refer their patients for appropriate forms of treatment, including, if necessary, referral to approved Treatment Centres in the United Kingdom and the possible strengthening of local services. The emphasis on treatment is increasingly moving from an institution-based to a community-based approach, as indeed, has much medicine. Many alcoholics still have jobs and live at home with their families. The home can often be a great support in helping with the tragic problem of alcoholism. Of course, if greater help within the community is recommended this will call for counsellors with training, experience, understanding and sympathy. The Committee and its officers intend to examine all the options in detail, however, within the next few months before making appropriate recommendations to the States.

4. Community problems created through drink

In a recent report, the Chief Officer, States of Jersey Police, rightly highlighted the problems created within the community by heavy drinking. The Public Health Committee may be able to produce evidence to indicate the extent of the taxpayers' money which is spent on hospital treatment to either accident victims or victims of assaults brought about as a result of intoxication. The Committee's representatives intend to meet with the Defence Committee shortly to discuss these problems which must not, however, be confused with alcoholism as an illness.

7. The report is not intended to represent any firm decision of the Committee to modify the existing services in the treatment of alcoholism. Nevertheless, the Committee believes that resources may need to be augmented in 1986 to extend the range and options available for the treatment of alcoholism and to create increased public awareness of the problem."

Catherine Quirke House, 6 Gloucester Street, St. Helier .

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

1. agreed to lease to Mr. Roger Ernest Bisson the shop at Catherine Quirke House, 6 Gloucester Street, St. Helier , for a period of nine years at an annual rent of £5,050, with three-yearly rent reviews, from 21st March, 1985;
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.

Fort Regent: catering concessions – Modern Hotels (Entertainments) Limited.

THE STATES, adopting a Proposition of the Fort Regent Development Committee –

1. approved the granting of a new 7 years 9 months lease to Modern Hotels (Entertainments) Limited for the premises – Bistro Carronade, Log Cabin in the East Ditch, Upper Cable Car Station Kiosk, Concession at the West Ramparts (serving of lunches and suppers on concert evenings and a temporary bar on such evenings) at a rent of £15,000 a year or15 per cent of the gross take of all the activities, whichever is the higher, with effect from 31st March, 1985;
2. authorised the annulment of the existing lease of the Bistro Carronade to Modern Hotels (Entertainments) Limited, with effect from 31st March, 1985;
3. authorised the Greffier of the States to sign the necessary lease with Modern Hotels (Entertainments) Limited;
4. authorised the Attorney General and the Greffier of the States to pass the necessary contract of annulation' with Modern Hotels (Entertainments) Limited.

Preparation of conveyances by non-lawyers.

THE STATES, adopting a Proposition of Senator Richard Joseph Shenton, requested the Legislation Committee to report to the States on the advantages and disadvantages of enabling persons other than qualified Jersey lawyers to prepare and present before Court conveyances for the sale or lease of property.

Consumer Protection legislation.

THE STATES, adopting a Proposition of Deputy Norman Stuart Le Brocq of St. Helier , requested the Legislation Committee to prepare legislation to enable the States by Regulations, made on the proposition of any Committee of the States, to provide for any form of consumer protection.

Members present voted as follows –

"Pour" (40)

Senators

Shenton, Jeune , Binnington, Horsfall, Ellis, Baal, Rothwell, Le Main.

Connétable s

Grouville , St. John , Trinity , St. Brelade , St. Martin , St. Peter , St. Clement , St. Lawrence , St. Ouen .

Deputies

Mourant(H), Morel (S), Le Maistre(H), Quenault(B), Perkins(C), Roche(S), Le Brocq(H), Trinity , Filleul(H), Vandervliet(L), Farley(H), Le Fondré(L), Rumboll(H), Grouville , St. Mary , Beadle(B), Thorne (B), Wavell(H), Blampied(H), Billot(S), Carter(H), Mahoney(H), St. Martin .

"Contre" (1)

Deputy

St. Peter .

Rediffusion Cable Television: removal of ban on local advertising.

THE STATES, adopting a Proposition of Senator Richard Joseph Shenton, instructed the Telecommunications Board to remove the condition prohibiting the transmission of locally injected advertising which it attached to the licence it granted to Rediffusion Channel Islands Limited to operate an experimental cable television service in the Island.

Members present voted as follows –

"Pour" (22)

Senators

Shenton, Horsfall, Baal, Rothwell, Le Main.

Connétable s

Trinity , St. Martin , St. Peter , St. Clement , St. Lawrence . Deputies

Perkins(C), Filleul(H), Vandervliet(L), Le Fondré(L), Grouville , Beadle(B), Thorne (B), Wavell(H), Blampied(H), Billot(S), St. Peter , Carter(H).

"Contre" (21)

Senators

Jeune , Binnington, Ellis, Manton.

Connétable s

Grouville , St. John , St. Brelade , St. Ouen . Deputies

Mourant(H), Morel (S), Le Maistre(H), Quenault(B), Roche(S), Le Brocq(H), Le Quesne(S), Trinity , Farley(H), Rumboll(H), St. Mary , Mahoney(H), St. Martin .

Axminister House, Devonshire Place, St. Helier : lease.

THE STATES, referring to their Act of 12th March, 1985, resumed consideration of a Proposition of the Public Works Committee regarding the lease of Axminster House, Devonshire Place, St. Helier , for accommodating the Housing Department. After discussion, and on the proposition of Senator John Le Marquand, the Proposition was again referred back to the Committee with the requirement that the Committee should consider entering into a new full repairing lease of the property for a period of twenty-one years.

Policing of Roads (Amendment No. 2) (Jersey) Regulations, 1985.

THE STATES, in exercise of the powers conferred upon them by the Order in Council of the twenty-sixth day of December, 1851, Article 49 of the Road Traffic (Jersey) Law, 1956, as amended, and the Policing of Roads, Parks and Sea Beaches (Application of Fines) (Jersey) Law, 1957, as amended, made Regulations entitled the Policing of Roads (Amendment No. 2) (Jersey) Regulations, 1985.

Family Allowances (Jersey) Regulations, 1985.

THE STATES, in pursuance of Article 7 of the Family Allowances (Jersey) Law, 1972, as amended, made Regulations entitled the Family Allowances (Jersey) Regulations, 1985.

THE STATES rose at 6.20 p.m.

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