States Minutes 23rd April 1985

THE  STATES  assembled  on  Tuesday, 23rd 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.

Senator Peter Geoffrey Kevitt Manton – out of the Island.

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

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Prayers ____________

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

1. Public Rank Taxis (Fares and Charges) (Amendment) (Jersey) Order, 1985. R & O 7386.
2. Liberation  Anniversary  Celebrations  (Closing  of Roads  and  Public  Places)  (Jersey)  Order,  1985. R & O 7387.
3. Road  Traffic  (Public  Parking  Places)  (Amendment No. 19) (Jersey) Order, 1985. R & O 7388.
4. Road Traffic (Twenty Miles an Hour Speed Limit) (Amendment  No. 8) (Jersey)  Order,  1985. R & O 7389.

93   Price : 75p

Island Development Committee – resignation and appointment.

THE STATES noted the resignation of Senator Richard Joseph Shenton from the Island Development Committee and appointed Deputy Bertram Manning Le Maistre of St. Mary to serve on the Committee.

Annual Report and Accounts of the States for 1984.

The Finance and Economics Committee by Act dated 1st April, 1985 and in pursuance of Article 21(3) of the Public Finances (Administration) (Jersey) Law, 1967, as amended, presented to the States the Annual Report and Accounts of the States for the financial year ended 31st December, 1984.

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

Matters noted – land transactions.

THE STATES noted an Act of the Finance and Economics Committee dated 15th April, 1985, showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Education Committee, the lease from Mrs. Elsie Maud Baudains, née Vibert , of No. 6 Landscape Grove, Mont Cochon, St. Helier – required for use as Teachers' accommodation, for a period of two years commencing 25th March, 1985, at a rent of £55 a week (£2,860 a year);
2. as recommended by the Public Works Committee, the ceding to the First Tower Institute of282.5 square feet of land at Bellozanne which formed part of the land acquired by the Public of the Island from the Overseas Trading Corporation Limited in connexion with the new link road to Bellozanne Valley from St. Aubin's Road, on the payment of a nominal sum of £10.00, subject to the Public of the Island retaining ownership

of the wall between the Institute and the new road now under construction, and retaining right of access over the land to maintain that wall;

3. as recommended by the Harbours and Airport Committee, the renewal of the lease to Mr. James Wilfred Kent and Mrs. Ann Kent, née Le Bleaus, of the Sailor's Rest Café, New North Quay, for a period of three years with effect from 1st April, 1985, at an annual rent of £2,000;
4. as recommended by the Harbours and Airport Committee, the renewal of the lease to F. Battrick & Sons Limited of Letting Nos. A2 to A7a, Albert Pier,Portof St. Helier , used as viviers, for a period of three years, with effect from 1st April, 1985, at an annual rent of £3,267, which represented a rate of £1.65 a square foot;

(d)  as recommended by the Public Works Committee, the purchase of land from the undermentioned owners, which had been leased for the construction of the bus lay-by between Beaumont and Bel Royal, at the rate of £2.00 a square foot, with the Public Works Committee assuming responsibility for any costs involved in the preparation of contracts, and clauses in the contracts precluding any other form of building development, namely –

from Mr. Godfray Benett Amy of L'Avenir – 240 square feet, producing a consideration of £480;

from Mr. Cecil Helier Corbin of Thornfield – 756 square feet, producing a consideration of £1,512;

from Mrs. Margaret Murning, née Emmanuel, of Windsor Villa – 876 square feet, producing a consideration of £1,752.

Axminster House, Devonshire Place, St. Helier – lease. P.14/85. Withdrawn.

THE STATES noted that the Public Works Committee had withdrawn the Proposition relating to the lease of Axminster House, Devonshire Place, St. Helier (P.14/85 – lodged on 26th February, 1985) having presented a revised Proposition for consideration at the present Sitting.

Custodial sentence. Questions and answers.

Deputy Dereck André Carter of St. Helier asked Deputy Edgar John Becquet of Trinity , President of the Prison Board, the following questions –

"1. Could the President give greater details of the figures

contained on page 5 of the Report of the Prison Board for 1984 which show that for the past two years over 30% of persons received into the Jersey Prison were subsequently either acquitted or dealt with by other methods than imprisonment?

2. Does the President consider this percentage figure – nearly

of all admissions – to be acceptable?

3. Has the President or the Board taken any steps to discover whether the feelings expressed by the Chaplain in the last sentence of the first paragraph of his report, namely that "... many ... custodial sentences ... are quite futile and inappropriate" are shared by the Governor or his staff?"

The President of the Prison Board replied as follows –

"1. Of the 257 dealt with by means other than imprisonment,

95 took up the option of bail, 16 were placed on Probation or Community Service, 20 were placed on Binding Over Orders, 102 were fined, 20 were warned to appear and 4 were dismissed.

2. I am sure it will be realised that many of the persons received into custody are only temporarily remanded

because they cannot initially satisfy the requirements of a fixed address or immediately produce a cash surety. A large proportion granted bail conditions can however satisfy such conditions given time. However, this is properly a matter for the Courts, not the Prison Board to decide.

3. The Chaplain made it quite clear that he was expressing a personal view. The Prison Board accepts that the Prison Chaplain has a difficult task to perform and understands his need to reflect such difficulties in his Report. However, the Chaplain also makes it clear in his Report that his role is a specialised one and his comments must be seen in that context.

In using words such as futile and inappropriate' the Chaplain had in mind certain alcohol-dependent persons who due to their dependency are frequent offenders. Whether or not such persons would respond to different forms of treatment that are not already available is of course a matter of conjecture and such matters are at present being studied by the Public Health Committee.

The Chaplain was of course thinking of the individuals concerned and not necessarily taking into account other facets of imprisonment such as the protection of the Public and their property. His views are his own and not those of the Prison Governor or the Prison staff, however, there is a feeling that certain offenders – mainly drink-dependent or disturbed – may be better dealt with by means other than imprisonment."

Allegations regarding laundering' of Mafia drug funds. Questions and answers.

Senator John Stephen Rothwell asked Senator Reginald Robert Jeune , President of the Finance and Economics Committee, the following questions –

"1. Would the President inform the House what evidence exists

to support the allegations that Jersey is being used to launder' Mafia drug funds?

2.  Is the President satisfied that sufficient support is being provided to local and international law enforcement officers in such matters?"

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

"1. I have no evidence. But I cannot say that Jersey is definitely

not being used to launder' Mafia drug funds, no more than this could be said about London or many other such finance centres. However, given the stature of the banks established in this Island, I am confident that if these funds are in any way suspected they are not handled. I understand that, in any event, the Channel Islands were not singled out by the American authorities for attention, as a recent press report suggests. Jersey, apparently, was but one of a number of finance centres referred to as places where it was suspected that monies obtained from trafficking in drugs could be being laundered', although a report of the President's Commission on Organised Crime entitled The Cash Connection, Organised Crime, Financial Institutions and Money Laundering' presented in November last year while referring to some Offshore centres makes no mention of the Channel Islands. However, what I can say is that if any evidence is made available to implicate Jersey it will be most thoroughly investigated.

2.  There are a number of ways in which support is presently provided. If the transactions can be shown to be drugs- related the Bailiff has the power, under Article 17(2) of the Misuse of Drugs (Jersey) Law, 1978, on information on oath, to issue a warrant, to seize and detain any document, and to quote, directly or indirectly relating to, or connected with, a transaction or dealing which was, or an intended transaction or dealing which would if carried out be, an offence under the Law, or in the case of a transaction or dealing carried out or intended to be carried out in a place outside the Bailiwick, an offence against the provisions of a corresponding Law in force in that place.'

There is also section 5 of the U.K. Extradition Act, 1873, which is extended to Jersey and which enables an order to be made for the taking of evidence and production of documents for the purpose of any criminal matter pending in any court or tribunal in any foreign state. In addition, the Evidence (Proceedings in Other Jurisdictions) Act, 1975, as extended to Jersey by Order in Council enables the Royal Court to give effect to an application by another Court for assistance by making provision for obtaining evidence in Jersey including the examination of witnesses, production of documents, inspection, photographing, preservation, custody or detention of any property, and the taking of samples and carrying out of experiments, in any case where proceedings have been instituted.

The Legislation Committee, by Act dated 2nd July, 1984, requested the Law Draftsman to draft legislation on the lines of the U.K. Bankers Books Evidence Act, 1879, which provides for Orders to be made enabling parties to proceedings to inspect and take copies of entries in bankers' books for the purpose of those proceedings. Draft legislation has been prepared and commented on, and it is hoped that it will be presented to the States for consideration in the near future.

The provisions I have referred to, other than the power under the Misuse of Drugs Law, apply where proceedings have been commenced. No greater powers exist in the United Kingdom to assist the investigative process.

There are other Laws that also serve to assist in controlling the nature of business undertaken in the Island – the Borrowing Control (Jersey) Law, the Regulation of Undertakings and Development (Jersey) Law, the Depositors and Investors (Prevention of Fraud) (Jersey) Law. However, at the end of the day, it is less statute law than the stature and vigilance of those engaged in the finance centre activities in the Island which counts, and to this end I am proposing to meet with representatives of the financial community to discuss whether there is anything more that reasonably could be done to try and ensure that those engaged in criminal activities find no place of refuge for their funds in this Island."

Supplementary and Additional Votes of Credit.

THE STATES considered an Act of the Finance and Economics Committee dated 15th April, 1985, presenting Acts of the undermentioned Committees and, acceding to the requests contained therein, granted to the said Committees Supplementary (S) and Additional (A) votes of credit out of the General Reserve as follows –

£ £

Finance and Economics Committee

Bailiff 's Chambers

0301  Staff  9,800 Impôts

0362  Premises  5,700

Official Analyst's Department

0383  Supplies and Services  3,000 18,500

Defence Committee

Miscellaneous

1008  Grant to Jersey Society

for the Prevention of

Cruelty to Animals  1,000

1023  Grant to Royal British

Legion  75,000 Civil Emergency Office

1053  Supplies and Services  4,300

Fire Service

1303  Supplies and Services  31,600   Total request £111,900  36,900  75,000

Public Works Committee

Highways and Public Land –

2051  Maintenance and Minor

Improvements – Staff  3,300 2061  Beaches and Toilets –

staff  6,600 2063  Supplies and Services  23,200 2064  Transport   8,400

Carried forward  41,500

£ £

Public Works Committee cont'd.

Brought forward  41,500 2091  Public Parks and Gardens –

Staff  2,200

Trading Standards Department

2102  Public Markets – Staff  1,300 2204  Consumers' Advice and

Protection – Transport  100

Weights and Measures

2302  Premises  500 2304  Transport   300 Total request  45,900

Education Committee

2930  Child Welfare – Children

Boarded Out  27,000

Cultural Sports and Allied Grants

3017  Grant for International

Youth Year  3,000 3018  Grant to St. John 's Sports

and Recreation Centre  50,000 3019  Grant to Centre Point

Children's Resources

Centre  5,000 3060  Transport of School

Children  33,500

3109  Payment to the Common-

wealth Institute   2,100   Total request £120,600  62,600  58,000

£ £

Public Health Committee

Grants

3252  Jersey District Nursing

Association  21,500 Le Geyt Centre

3271  Staff  14,000

General Hospital

3401  Staff  21,100 3403  Supplies and Services  30,200

Pathological Laboratory

3411  Staff  5,000

Psychiatric Day Centre 3432  Repairs

Overdale Hospital 3442  Premises

Total request £136,100

Agriculture and Fisheries Committee

Subsidies and Grants

4123  Milk Recording and

incentive scheme

4139  Financial assistance for the

improvement of producer/

co-operative marketing 4140  Advertising, market research

and financial assistance for

approved schemes to

encourage co-operation

among producers

4143  Growers – interest subsidy

scheme

4147  Subsidy to offset Harbour dues on imports

Total request

25,000  19,300  

111,100  25,000

140,000 12,000

15,000 25,000

5,500 197,500

£ £

Establishment Committee

States Personnel Department

5106  States training schemes  10,000 Elizabeth House Committee

5302  Premises  4,900

Fort Regent Development Committee

Swimming Pool and Gloucester Hall

5722  Premises  50,000 5723  Supplies and Services  14,000 64,000

Gambling Control Committee

5805  Establishment   200 Liberation Anniversary Committee

6600  General Expenses  20,000

CAPITAL VOTES OF CREDIT

Defence Committee

C0131  Replacement Fire Appliance  11,000

Education Committee

C0505  Primary School Modernisation

First Tower  )

St. Lawrence  )  25,000 Les Landes  )

C0513  Remodelling of St. Luke's

School  6,000

C0519  Remodelling of St. Clement 's

and St. Mark's Schools   6,000 Carried forward  37,000

£ £

Education Committee cont'd.

Brought forward  37,000

C0527  Highlands College –

Development – G Block  20,000 C0536  Extension to La Moye School  5,000 C0540  Victoria College – Pool

Enclosure  33,300 Total request  95,300

Harbours and Airport Committee

C0268  Repairs to Airport Pier Roof  150,000

The total requests granted for the April Supply Day amounted to £985,900.

The total of the deferred Supply item amounted to £10,000.

Finance  and  Economics  Committee –  Impôts  Department. Deferred Supply. P.36/85.

THE STATES deferred consideration of the request of the Finance and Economics Committee for a supplementary vote of credit in the sum of £10,000 for additional shift and overtime costs in the Impôts Department – Staff (0361).

The Proposition relative thereto was lodged "au Greffe" by Deputy Ronald Winter Blampied of St. Helier . The States decided to take this subject into consideration on 14th May, 1985.

St. John 's Village Development Scheme: loan to Parish.

THE  STATES,  adopting  a  Proposition  of  the  Finance  and Economics Committee, referred to paragraph (a) of their Act dated 27th September, 1983, and agreed that the period of the loan granted

to the Parish of St. John for the further development of the St. John 's Village Development Scheme should be extended to 31st May, 1985, with all other terms and conditions remaining unchanged.

Rent Control Tribunal: appointment.

THE STATES, adopting a Proposition of the Housing Committee, appointed in pursuance of paragraph (1) of Article 3 of the Dwelling Houses (Rent Control) (Jersey) Law, 1946, as amended, the following persons to act as Chairman and Members of the Rent Control Tribunal until 11th April, 1986, namely –

Philip Arthur Weston, Chairman Edward Malcolm Pearmain Machon George Norman Simon

and, in pursuance of paragraph (2) of the said Article 3, the appointment of the following persons to act for the same period in place of members of the Tribunal unable to act by reasons of absence or incapacity, namely –

Alfred Vibert Derek Le Seelleur.

Suspension of Standing Order No. 18.

THE STATES, adopting a Proposition of the Public Works Committee, suspended Standing Order No. 18 in order to allow the Proposition of that Committee regarding the lease of Axminster House, Devonshire Place, St. Helier , to be considered at the present Sitting.

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

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

1. approved the lease by the Public of the Island from Axminster House ( St. Helier ) Limited of the property known as Axminster House, Devonshire Place, St. Helier , for the purpose of accommodating the Housing Department, for a period of 21 years with effect from 24th June, 1985, at an annual rent of £31,000 payable half-yearly in advance, with rent reviews every three years, on the basis of prevailing market rents, on condition that the Public of the Island would be entitled to assign any unexpired portion of the lease;

2. authorised the Attorney General and the Greffier of the States to pass the necessary contract;
3. authorised the Treasurer of the States to debit the rent, rates and other expenses as they became due from the vote of credit granted to the Housing Committee under the heading "Administration – Premises" (Vote 5402).

Dates of Senators' and Deputies' Elections.

THE STATES, adopting a Proposition of Deputy Enid Clare Quenault of St. Brelade , requested the Legislation Committee to prepare an amendment to Article 12(1) of the States of Jersey Law, 1966, as amended, to provide for the ordinary elections for Senators and Deputies to be held in the last week of October and November respectively every third year.

Register of financial interests. P.8/85. Withdrawn.

THE STATES commenced consideration of a Proposition of Senator Richard Joseph Shenton that the Legislation Committee be directed to draft a Standing Order requiring every Member of the States to declare, in a register to be available to the Public, such financial interests as the Standing Order shall specify.

After discussion Senator Shenton withdrew the Proposition. Parish Rate (Jersey) Law, 1985.

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

THE STATES rose at 12.15 p.m.

R.S. GRAY,

Deputy Greffier of the States.