States Minutes 30th April 1985

THE  STATES  assembled  on  Tuesday, 30th 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 Reginald Robert Jeune – out of the Island. Senator Jane Patricia Sandeman – ill.

Senator Peter Geoffrey Kevitt Manton – out of the Island.

John Nicolle Le Fondré, Deputy of St. Lawrence – out of the Island.

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Prayers ____________

Subordinate legislation tabled.

The following enactment was laid before the States, namely –

Post Office (Postal Orders) (Amendment No. 7) (Jersey) Order, 1985. R & O.7390.

Matter lodged.

The following subject was lodged "au Greffe" –

Draft Building Loans (Amendment No. 9) (Jersey) Law, 198 . P.37/85.

Presented by the Housing Committee. The States decided to take this subject into consideration on 14th May, 1985.

107   Price : 50p

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

THE STATES acceded to the request of the President of the Establishment Committee that consideration of the draft Federated Pension Scheme for Medical, Nursing and Auxiliary Staff, Jersey (Rules) (Amendment No. 2) Act, 198 (lodged on 16th April, 1985) be deferred from the present Sitting to 14th May, 1985.

Building permits. Questions and Answers.

Senator Terence John Le Main asked Connétable John Pepin Le Sueur of St. John , President of the Island Development Committee, the following questions –

"1. Can the President inform the House how many

permits granting building permission by the Committee are over 3 years old?

2. Can he also inform the House how far back they go, i.e. what is the oldest permit which has been renewed annually?
3. Will the President confirm that in the case of some old permits which have been renewed annually, permission would not be granted in today's planning terms?
4. Will the President consider putting a time limit on consents granted by his Committee?

The President of the Island Development Committee replied as follows –

"1. Island Development Committee records are not set up

to catch this type of information, and its extraction would need clerical time well beyond that available.

If it is of help, a sample survey undertaken for Volume 1 of the new Island Plan may provide some alternative information. Paragraphs 5.53 – 5.57 of Volume 1, as presented to the States last year, suggests that up to 1,000 potential dwelling units may exist in the form of unimplemented permits from amongst 13,000 files. However, those paragraphs also include reference to several good reasons why such development potential has not been taken up. The realistic figure is more likely to be around 250 units.

2. It would also require a clerical exercise well beyond existing resources to determine the oldest permits subject of annual renewal.

However, I can say that it has long been routine practice thoroughly to re-examine the planning circumstances of any permit whose renewal is sought over 5 years from the date of issue. Renewal of any such permit always depends on whether it continues to meet current planning requirements.

3. As just mentioned, old permits are not renewed if they do not fulfil current planning criteria. The exception to this rule is where the Committee is committed to renewal for some special reason, but this is a comparatively rare occurrence.
4. It is not a question of considering the application of a time limit to permits as this has been standard practice ever since the Island Development Committee was formed in 1962. Currently, a planning permit is valid for one year and a development permit for two years. If not implemented within those respective periods, renewal is at the discretion of the Committee."

Local advertising on cable television. Statement.

The President of the Telecommunications Board made a statement in the following terms –

"On the 16th April, 1985 the States adopted a proposition of Senator Shenton instructing 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.

I wish to inform the House that following consultations with the Broadcasting Committee and having reached agreement with Rediffusion Channel Islands Limited, the clause contained in the original agreement prohibiting the transmission of locally injected advertising will be removed, and will be replaced by a clause as follows –

Advertising in compliance with the current IBA Code of Advertising Standards and Practice, or in compliance with any guidelines laid down by the United Kingdom Cable Authority, where these vary the conditions of the IBA Code, shall be permitted. The Broadcasting Committee shall, if they consider it necessary in the best interests of the public of Jersey, impose additional conditions at any time."

Jersey Council for Safety and Health at Work: appointment of Chairman.

THE STATES, adopting a Proposition of the Social Security Committee, approved the re-appointment of Dr. Anthony David Williams as Chairman of the Jersey Council of Safety and Health at Work for three years from 1st October, 1985.

Criminal Justice (Probation Orders) (Jersey) Law, 1985.

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

Draft Road Traffic (No. 28) (Jersey) Regulations, 1985. P.35/85.

THE STATES commenced consideration of the draft Road Traffic (Jersey) Regulations, 198 (lodged on 2nd April, 1985) and adopted the Preamble and Regulation 1.

Members present voted for the Preamble as follows –

"Pour" (26)

Senators

Le Marquand, Binnington, Horsfall, Ellis, Baal, Rothwell, Le Main.

Connétable s

St. John , St. Martin , St. Helier , St. Lawrence , St. Ouen . Deputies

Morel (S), Le Maistre(H), Quenault(B), Le Gallais(S), Roche(S), Le Brocq(H), Trinity , Filleul(H), Farley(H), Rumboll(H), Grouville , Wavell(H), Billot(S), St. John .

"Contre" (20)

Senator

Shenton. Connétable s

Grouville , St. Saviour , Trinity , St. Brelade , St. Peter , St. Clement , St. Mary .

Deputies

St. Ouen , Perkins(C), Vandervliet(L), St. Mary , Beadle(B), Thorne (B), Blampied(H), Norman(C), St. Peter , Carter(H), Mahoney(H), St. Martin .

In Regulation 2 –

Article 22A was adopted, the States having adopted amendments of Senator Richard Joseph Shenton that the following clause be added at the end of paragraph (2)(b) –

"(iv) the drivers of cabs which are being used for seeking

hire, answering calls for hire or carrying passengers for hire."

and the following paragraph be added after paragraph (5) –

"(6) in this Article cabs' has the same meaning as in

Article 9 of the Motor Traffic (Jersey) Law, 1935, as amended."

Members present voted for the amendments as follows –

"Pour" (35)

Senators

Le Marquand, Shenton, Binnington, Horsfall, Baal, Rothwell, Le Main.

Connétable s

Grouville , Trinity , St. Brelade , St. Peter , St. Clement , St. Mary . Deputies

St. Ouen , Morel (S), Le Maistre(H), Quenault(B), Perkins(C), Le Gallais(S), Roche(S), Le Brocq(H), Filleul(H), Vandervliet(L), Farley(H), Rumboll(H), Grouville , St. Mary , Beadle(B), Thorne (B), Blampied(H), Norman(C), St. Peter , Carter(H), Mahoney(H), St. Martin .

"Contre" (10)

Senator

Ellis.

Connétable s

St. Saviour , St. John , St. Helier , St. Lawrence , St. Ouen .

Deputies

Trinity , Wavell(H), Billot(S), St. John .

Article 22B was adopted.

Article 22C was referred back to the Defence Committee. Regulation 3 was referred back to the Defence Committee.

Adjournment.

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

THE STATES rose at 6.30 p.m.

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