States Minutes 19th November 1985

THE STATES assembled on Tuesday, 19th November, 1985 at 10.15 a.m. under the Presidency of the Bailiff ,

Sir Frank Ereaut. ____________

All members were present with the exception of –

Senator Jane Patricia Sandeman – out of the Island. Senator Terence John Le Main – ill.

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

John Nicolle Le Fondré, Deputy of St. Lawrence – ill.

____________

Prayers ____________

Subordinate legislation tabled.

The following enactment was laid before the States, namely –

Prison  (Amendment  No. 9)  (Jersey)  Rules,  1985. R & O 7440.

Report  on  Manpower  for  the  Half-year  to  30th  June,  1985. R.C.18.

The Establishment Committee by Act dated 4th November, 1985, presented to the States a Report on Manpower for the Half-year to 30th June, 1985.

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

303   Price : 50p

Postal Administration – Report of the Department for 1984. R.C.19.

The Committee for Postal Administration by Act dated 7th November, 1985, presented to the States a Report of the Department of Postal Administration for the year 1984.

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 11th November, 1985, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Resources Recovery Board, the sale to Mr. Geoffrey Heaton of an area of land measuring 470 square feet, shown shaded on Drawing ES628, situated adjacent to La Becquetterie impounding area and immediately behind the property 7, Meadow Park, Rue des Prés, St. Saviour , for a consideration of £300 plus the payment of all legal fees;
2. as recommended by the Island Development Committee, and in pursuance of an Act of the States dated 31st January, 1984, the purchase from Mr. Francis de Lisle Bois of 1.83 vergées of land being part of Field 1233, La Pouclée Farm, St. Helier , at the rate of £4,500 a vergée, representing a total purchase price of £8,235, in order to extend the Jersey College for Girls playing fields, with the Committee being responsible for the payment of all legal expenses;
3. as recommended by the Island Development Committee, the granting of a right of way by Randall's Properties Limited, over a footpath situated opposite

La Pulente Hotel, St. Brelade , shown as dotted lines on Drawing IDC/RP/75, for a period of three years, for the purpose of providing a right of way only to the Public of the Island, with the Committee being responsible for all costs of the Agreement.

Matters noted – financial transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 14th October and 11th November, 1985, 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 –

1. the lowest of five tenders, namely that submitted by Mark Amy Limited in the sum of £173,446.00 in a contract period of39 weeks for the construction of six one-bedroomed flats as part of the Caesarea Court development;
2. the lowest of six tenders, namely that submitted by A.C. Mauger and Son (Sunwin) Limited in the sum of £194,301.00 in a contract period of25 weeks for the construction of six one-bedroomed units of accommodation at 40, Don Road, St. Helier .

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Projet de Règlements (198 ) sur l'État Civil. P.146/85.

Presented by the Etat Civil Committee. The States decided to take this subject into consideration on 10th December, 1985.

2. St. Catherine's Oyster Farm: Act of Authorisation. P.147/85.

Presented by the Agriculture and Fisheries Committee. The States decided to take this subject into consideration on 10th December, 1985.

3. Management of Public Water Supply: Petition. P.148/85.

Presented by Senator Richard Joseph Shenton.

Draft Licensing (No. 4) (Jersey) Regulations, 198 . P.31/85.

THE STATES acceded to the request of the President of the Tourism Committee that the draft Licensing (No. 4) (Jersey) Regulations, 198 (lodged on 2nd April, 1985) be considered on 26th November, 1985.

Draft Motor Vehicles (International Circulation) (Amendment No. 7) (Jersey) Regulations, 198 . P.141/85.

THE STATES acceded to the request of the President of the Defence Committee that the draft Motor Vehicles (International Circulation) (Amendment No. 7) (Jersey) Regulations, 198 (lodged on 12th November, 1985) be considered on 26th November, 1985.

Draft Queen's Valley Reservoir (Jersey) Law, 198 . Deferment of consideration. P.115/85.

THE  STATES adopted a Proposition of Senator Richard Joseph Shenton that consideration of the draft Queen's Valley Reservoir (Jersey) Law, 198 (lodged on 8th October, 1985) be deferred from 26th November, 1985 to the First Session of 1986.

Report on the management of the public water supply: Petition.

Senator Richard Joseph Shenton presented to the States a Petition on behalf of Mr. C.A. Le Maistre and others, instructing the Public Works Committee to prepare a report on the management of the public water supply.

THE STATES referred the said Petition to the Public Works Committee and lodged the relevant Proposition "au Greffe".

Queen's Valley Reservoir – abstraction points. Questions and answers.

Senator John Stephen Rothwell, on behalf of Senator Jane Patricia Sandeman, asked the President of the Public Works Committee the following questions –

"P.118/80 stated that abstraction points in Rozel Valley and St. Catherine's Valley would be utilised for Queen's Valley Reservoir – construction work in this connexion in 1980 was estimated to be in excess of half a million pounds.

Will the President say –

1. if The Jersey New Waterworks Company owns these abstraction points?
2. what is the estimated amount of water to be abstracted annually from –

1. Rozel Valley;
2. St. Catherine's Valley?

3. are these abstraction points covered by paragraph 8(a) or paragraph (b) of Article 8 of the draft Queen's Valley Reservoir (Jersey) Law, 198 (P.115of1985)?"

The President of the Public Works Committee replied as follows –

"It is Company policy to supplement the yield from the natural catchment of its reservoirs by pumping into them any water available from adjacent resources. For example, Millbrook Reservoir receives from Fern Valley, Handois from La Hague and Le Mourier and Grands Vaux and Val de la Mare also receive water from a number of other sources.

At Queen's Valley, St. Catherine's and Rozel Valleys fall into this category.

The replies to the questions asked are –

1. The Jersey New Waterworks Company does not own land on which abstraction stations could be built at St. Catherine's and Rozel.
2. The estimated yield from Rozel Valley is 15 million gallons and from St. Catherine's 45 million gallons.
3. They are covered by paragraph (b) of Article 8 in the Amendment proposed by the Committee."

Use of recreational facilities on Sundays. Statement.

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

"The Education Committee has considered very carefully the request which was made by the States at its meeting on 12th November that the Education Committee should lift its ban on the use of recreational facilities under its administration on Sunday mornings between the hours of 10 a.m. and 12 noon.

The Committee has decided to lift the ban with immediate effect on all recreational facilities under its administration with the exception of Millbrook Playing Fields, which adjoins St. Matthew's Church of England Church.

The Committee has been assured that when the Millbrook Field was transferred to the administration of the Education Committee there was a condition made that nothing was done to disturb the practice of Sunday morning worship in the church."

F.B. Fields All Weather Athletics Track: approval of plans.

THE STATES, adopting a Proposition of the Education Committee –

1. approved Drawing No. 840101 showing the construction of an all weather athletics track at the F.B. Fields, St. Clement ;
2. authorised the Greffier of the States to sign the said Drawing on behalf of the States.

F.B. Fields Athletics Track. Deferred Supply. P.112/85.

THE STATES, adopting a Proposition of the Finance and Economics Committee, acceded to the request for the following supplementary vote of credit to be voted out of the General Reserve –

Education Committee

Synthetic Athletics Track:

F.B. Fields (C.0539) £135,000.

Shops (Sunday Trading) (No. 6) (Jersey) Regulations, 198 . P.72/85.

THE STATES commenced consideration of the draft Shops (Sunday Trading) (No. 6) (Jersey) Regulations, 198 (lodged on 16th July, 1985), and rejected the Preamble.

Members present voted as follows –

"Pour" (23)

Senators

Binnington, Horsfall, Baal, Rothwell.

Connétable s

St. John , Trinity , St. Martin , St. Clement , St. Ouen .

Deputies

St. Ouen , Perkins(C), Le Brocq(H), Filleul(H), Vandervliet(L), Farley(H), Rumboll(H), Beadle(B), Thorne (B), St. John , St. Peter , Carter(H), Mahoney(H), St. Martin .

"Contre" (23)

Senators

Vibert , Le Marquand, Shenton, Jeune , Manton.

Connétable s

Grouville , St. Saviour , St. Brelade , St. Peter , St. Lawrence , St. Mary .

Deputies

Mourant(H), Morel (S), Le Maistre(H), Quenault(B), Le Gallais(S), Trinity , Grouville , St. Mary , Wavell(H), Blampied(H), Billot(S), Norman(C).

The President of the Assembly exercised his casting vote against the Proposition.

Deputy Jack Roche of St. Saviour , having declared an interest in the matter, withdrew from the Chamber prior to the debate.

Dégrèvement Procedure: amendment. P.92/85, P.139/85.

THE STATES, having accepted an amendment of Deputy Edgar John Becquet of Trinity that for the words "to instruct the Legislation Committee to prepare amendments to the dégrèvement' procedure" there should be substituted the words "to instruct the Finance and Economics Committee to consider amendments to the dégrèvement' procedure in the context of the proposed Bankruptcy Law", adopted a Proposition of Senator Richard Joseph Shenton and instructed the Finance and Economics Committee to consider amendments to the dégrèvement' procedure in the context of the proposed Bankruptcy Law, so that in any case where the value of the debtor's immovable property, taken by the creditor, exceeds the amount of the debt, the balance of the property will be returned to the debtor.

Census (Amendment No. 2) (Jersey) Law, 1985. P.130/85.

THE STATES subject to the Sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Census (Amendment No. 2) (Jersey) Law, 1985.

THE STATES then adjourned, having agreed that the outstanding items of Public Business should stand over until the next Meeting.

THE STATES rose at 5.15 p.m.

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