States Minutes 26th March 1985

THE  STATES  assembled  on  Tuesday, 26th March, 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 Anne Baal – out of the Island.

Robin Ernest Richard Rumboll, Deputy of St. Helier – out of the Island.

Henri Leon Dubras, Deputy of St. Martin – out of the Island. ____________

Prayers ____________

The Bailiff – welcome.

Senator  Ralph   Vibert ,  on  behalf  of  the  Members  of  the  States, welcomed the Bailiff on his return to the States after his operation.

The Bailiff thanked Senator Vibert and the Members for their good wishes.

Falkland Islands – gift.

The Bailiff made a statement in the following terms –

"Recently, some publicity has been given to an allegation that Jersey's gift of £5m. in relation to the Falkland Islands has not been used, or is not going to be used, as intended.

I wish to make a statement about that allegation, and because a new House had been constituted since the gift was made, I will first briefly recount the history of the matter so far.

65   Price : 75p

On the 14th June, 1982, the States approved a gift of £5m. from the Island to Her Majesty's Government towards the expense of the recovery and re-establishment of the Falkland Islands.'

Although the gift was made to Her Majesty's Government towards the expenses either of recovery, which was the primary concern at the time the offer was proposed, or of re-establishment, Her Majesty's Government stated that it would wish the whole of the amount to be applied to re-establishment.

The sum of £250,000 was therefore allocated at once to the Falkland Islands Appeal Fund, which was set up to provide immediate short term relief.

As regards the balance of the gift, namely, £4.75m., Her Majesty's Government expressed the wish that it should be allocated to a specific project or projects in the Islands, and in March, 1983, and at the suggestion of the Falkland Islands Government, it was proposed to Jersey that the gift might be put towards the provision of a new deep-water jetty for civilian use, as part of the development of the harbour at Port Stanley, to be known as the Jersey Jetty. The House was so informed on 15th March, 1983 and agreed to this suggestion.

I am informed by Her Majesty's Government that the present position is this.

There is no question of the balance of Jersey's gift of £4.75m. not being spent for the purpose of contributing towards the expenses involved in the re-establishment of the Falkland Islands. The options in relation to the rehabilitation of Port Stanley Harbour, including the provision of the Jetty, are still being considered, in view of the very high costs involved. If, at the end of the day, a decision is reached that a new civilian jetty is not required, then Her Majesty's Government will again consult with the Government of Jersey with a view to identifying a specific project or projects with which the Island's gifts can be associated from among the rehabilitation schemes which are proceeding, or are being planned, in the Falklands."

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

1. Post Office (General Provisions) (Amendment No. 19) (Jersey) Order, 1985. R & O 7374.
2. Fire Service (General Provisions) (Amendment No.5) (Jersey) Order, 1985. R & O 7375.
3. Road and Sand Racing (Jersey) Order, 1985. R & O 7376.
4. Import and Export (Control) (Amendment) (Jersey) Order, 1985. R & O 7377.
5. Customs and Excise (Electrical Energy) (Jersey) Order 1985. R & O 7378.

Dwelling Houses Loan Fund Statement 1984. R.C.5.

The Housing Committee by Act dated 8th March, 1985, presented to the States a Statement showing the financial position of the Dwelling Houses Loan Fund as at 31st December, 1984.

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

Manpower Report 1984. R.C.6.

The Establishment Committee by Act dated 11th March, 1985, presented to the States a Report on Manpower for 1984.

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

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Draft Parish Rate (Jersey) Law, 198 . P.24/85.

Presented by the Supervisory Committee. The States decided to take this subject into consideration on 23rd April, 1985.

2. Draft Policing of Roads (Amendment No. 2) (Jersey) Regulations, 198 . P.25/85.

Presented by the Defence Committee. The States decided to take this subject into consideration on 16th April, 1985.

3. Draft Family Allowances (Jersey) Regulations, 198 . P.26/85.

Presented by the Social Security Committee. The States decided to take this subject into consideration on 16th April, 1985.

Dates of Senators and Deputies Elections. P.17/85.

THE STATES acceded to the request of Deputy Enid Clare Quenault of St. Brelade that the Proposition relating to the Dates of Senators and Deputies Elections (lodged on 26th February, 1985) be considered on 23rd April, 1985.

Register of Financial Interests. P.8/85.

THE STATES acceded to the request of Senator Richard Joseph Shenton that the Proposition relating to a Register of Financial Interests (lodged on 22nd January, 1985) be deferred from the present Sitting to 23rd April, 1985.

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

THE STATES acceded to the request of the Public Works Committee that the Proposition regarding the lease of Axminster House, Devonshire Place, St. Helier (lodged on 26th February, 1985, debated and referred back to the Committee on 12th March, 1985) be considered on 16th April, 1985.

Draft Family Allowances (Jersey) Regulations, 198 . P.15/85.

THE STATES noted that the Social Security Committee had withdrawn the draft Family Allowances (Jersey) Regulations, 198 (lodged on 26th February, 1985) having lodged revised draft Regulations at this Sitting – P.26/85.

Flats for letting to persons on the housing list. Questions and answers.

Senator Richard Joseph Shenton asked Deputy Hendricus Adolphus Vandervliet of St. Lawrence , President of the Housing Committee, the following questions –

"1. Does the Housing Committee accept that there is an

urgent need for one and two-bedroomed flats in St. Helier for letting to persons on the housing list?

2. If so, has the Committee considered buying purpose- built blocks of such flats from private developers?
3. If it has, and has rejected the idea, will the President give the reasons, bearing in mind the desperate position of some of the persons on the housing list?"

The President of the Housing Committee replied as follows –

"1. Yes, at the present time, there is an acute shortage of

States' rental accommodation due to a shortfall in the development programme over the past five years. This originates from a failure on the part of the Island Development Committee, under the Presidency of Senator Shenton, to make the necessary land available to maintain the momentum of the housing programme. Indeed, in a Statement to this House on 28th November, 1978, Senator Shenton admitted that his Committee had failed to meet the requirements of the Housing Committee. In one year alone, this resulted in a shortfall of 150 dwellings. The total shortfall at the present time is 280 dwellings.

In recent years, with the co-operation of the previous Island Development Committee, sufficient sites have been acquired so that, subject to the necessary finance being made available, an additional 650 dwellings can be completed before the end of 1987. This is the number required to put the development programme back on target.

2. Yes, over the years, the Committee has bought several blocks of purpose-built flats from private developers and will shortly be lodging a Proposition to purchase a block of 28 flats currently under construction. Negotiations are also in hand for the purchase of a further development. The Committee will not, however, propose the purchase of completed developments which are not considered to be good value for money or which have not been designed and constructed to the Committee's normal standards.
3. In view of the answer to the second question, this question is no longer relevant.

Family Allowances Regulations, 1985 – transitional provisions.

THE STATES, adopting a Proposition of the Social Security Committee, agreed –

1. that where in relation to any family in respect of any week commencing on or after 7th May, 1985, the entitlement to family allowance as calculated under the Family Allowances (Jersey) Regulations, 1985,is less than the entitlement which would have been calculated under the Family Allowances (Jersey) Regulations, 1984, had those Regulations remained in force, then the latter entitlement shall be the entitlement of that family in respect of that week, provided that where that entitlement results in a sum of less than £1 a week, such sum shall not be paid;
2. to request the Social Security Committee to prepare the necessary legislation accordingly.

La Grange, Rue de Bocage, St. Peter : sale.

THE STATES, adopting a Proposition of the Establishment Committee –

1. approved the sale to Mr. Laurence Edward Hooper- Smith and Mrs. Joyce Virginia Hooper-Smith (née Hughes) of La Grange, Rue de Bocage, St. Peter , for a consideration of £70,000 for the realty;
2. authorised the Attorney General and the Greffier of the States to pass the necessary contracts on behalf of the States;
3. authorised the Treasurer of the States to apply the sale proceeds in accordance with the terms of the Assisted House Purchase Scheme.

Public Employees Contributory Retirement Scheme: admittance of the Advisory Training Council.

THE STATES, adopting a Proposition of the Establishment Committee, agreed to admit the Advisory Training Council to membership of the Public Employees Contributory Retirement Scheme, with effect from 1st August, 1984, in accordance with the provisions of Article 4 of the Public Employees (Retirement) (Jersey) Law, 1967, which makes provision for the payment of pensions and other benefits under the Public Employees (Contributory Retirement Scheme) (Jersey) Regulations, 1967, as amended, on payment of the employer's contributions, amounting to 10 per cent of its employee's salary, less £0.61 per week, or such other amounts as the Actuary shall from time to time specify.

Val de la Mare Reservoir: evaluation.

THE STATES rejected the Proposition of Deputy Corrie Stein of Grouville that a firm of consulting engineers of international repute be appointed to evaluate fully the relevant new information now available on the potential for redeveloping and expanding the reservoir at Val de la Mare without interruption to the Island's water supply and to report to the States not later than the end of June, 1985.

Members present voted as follows – "Pour" (10)

Senators

Shenton, Sandeman, Horsfall.

Connétable

Grouville .

Deputies

St. Ouen , Le Brocq(H), Le Quesne(S), Grouville , Thorne (B), Carter(H).

"Contre" (39)

Senators

Vibert , Le Marquand, Jeune , Binnington, Ellis, Rothwell, Le Main, Manton.

Connétable s

St. Saviour , St. John , Trinity , St. Brelade , St. Martin , St. Peter , St. Helier , St. Clement , St. Lawrence , St. Mary , St. Ouen .

Deputies

Mourant(H), Morel (S), Le Maistre(H), Quenault(B), Perkins(C), Le Gallais(S), Roche(S), Trinity , Filleul(H), Vandervliet(L), Farley(H), Le Fondré(L), St. Mary , Beadle(B), Blampied(H), Billot(S), Norman(L), St. John , St. Peter , Mahoney(H).

Sea-Fisheries (Immature Sea-Fish) (Amendment No. 5) (Jersey) Regulations, 1985.

THE STATES, in pursuance of Articles 2 and 6 of the Sea-Fisheries (Jersey) Law, 1962, as amended, made Regulations entitled the Sea- Fisheries (Immature Sea-Fish) (Amendment No. 5) (Jersey) Regulations,1985.

35 Clearview Street, St. Helier : purchase and subsequent sale of leases.

THE STATES, adopting a Proposition of the Housing Committee –

1. (a) agreed to the purchase from Moniar Holdings Limited of the property known as 35 Clearview Street, St. Helier , for a consideration of £97,500 for the realty, with each party being responsible for 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 use funds necessary for the purchase from Bridging Finance.

2. (a) agreed to the sale on99 year leases to existing tenants of States' rental accommodation, or to applicants for basic loans under the Building Loans (Jersey) Law, 1950, as amended, of two one-bedroomed flats and one two-bedroomed flat, comprising 35 Clearview Street, St. Helier ;

2. authorised the Attorney General and the Greffier of the States to pass the necessary contracts for the sale of the properties in question;
3. authorised the Treasurer of the States to receive the appropriate sums from the purchasers and to credit the amounts to Bridging Finance.

Liberation Anniversary – Extraordinary Sitting.

THE STATES agreed to hold an Extraordinary Sitting on Wednesday, 8th May, 1985 as part of the 40th Anniversary of Liberation commemorations, and also agreed that the media would be allowed to be present to record the Sitting live.

THE STATES rose at 5.35 p.m.

R.S. GRAY, Deputy Greffier of the States.