States Minutes 5th February 1985

THE  STATES  assembled  on  Tuesday, 5th February, 1985 at 10.15 a.m. under the Presidency of the Deputy Bailiff , Sir Peter Leslie Crill, Esquire, C.B.E.

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His Excellency The Lieutenant Governor, Admiral Sir William Pillar, G.B.E., K.C.B., was present.

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All members were present. ____________

Prayers ____________

Subordinate legislation tabled.

The following enactment was laid before the States, namely –

Depositors  and  Investors  (Prevention  of  Fraud)  (List  of  Registered Persons) (Jersey) Order, 1985. R & O 7363.

Island Development Committee – resignation of member.

THE STATES noted the resignation of Senator Terence John Le Main from the Island Development Committee.

Contingencies vote of credit – Harbours and Airport Committee.

THE STATES noted an Act of the Finance and Economics Committee dated 21st January,  1985,  informing  the  House  that  it  had  made  available  out  of  its Contingencies vote of credit the sum of £150,000 to the Harbours and Airport Committee to finance, as a matter of urgency, repairs to the Airport Pier roof.

37   Price : 50p

Matters noted – financial transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 7th January, 1985, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that –

1. the Tourism Committee had accepted the lowest of eight tenders, namely that submitted by A.C. Mauger and Son (Sunwin) Ltd. in the sum of £332,380.00 in a contract period of 40 weeks for the construction of the extension to the Tourism Office;
2. the Education Committee had accepted the lowest of seven tenders, namely that submitted by A.D. Beddoe (Builders) Ltd. in the sum of £88,663.00 in a contract period of18 weeks for the extensions to Mont-à-l'Abbé School.

Matters lodged.

The following subjects were lodged "au Greffe" on –

22nd January, 1985

1. Draft Licensing (No. 3) (Jersey) Regulations, 198 . P.7/85. Presented by the Tourism Committee.
2. Register of Financial Interests. P.8/85.

Presented by Senator Richard Joseph Shenton. The States, having rejected the proposition of Senator Shenton that the subject be debated on 19th February, 1985, decided, on the proposition of Senator Ralph Vibert , to take this subject into consideration on 12th March, 1985.

29th January, 1985

3. Methodist Homes for Aged (Jersey) Limited: loan. P.9/85. Presented by the Finance and Economics Committee. The States decided to take this subject into consideration on 12th March, 1985.

Contribution to U.K. towards defence and international representation costs. Statement.

The President of the Special Committee to consider contribution to the United Kingdom towards defence and international representation costs made a statement in the following terms –

"As members will be aware, the Committee, in considering what course should be recommended in reply to the letter of the Home Secretary, invited the views of Members of the House and of the public. A substantial number of suggestions has been received and the Committee is glad to take this opportunity of expressing its thanks to those who have taken the trouble to assist it in its task. Since the suggestions received are too numerous to be read out, a list of them has been circulated to Members.

A number of those who replied referred to what might be described as the constitutional aspects of the request. Reference has also been made to this in recent public statements. Early in its consideration of the task entrusted to it the Committee sought the advice of the Law Officers of the Crown on this point and it may be helpful in reaching the consensus, which I am sure we all seek, if I indicate to the House the gist of their advice.

This may be summarised as follows –

1. The Law Officers do not consider that a suggestion, or even a request, that the States should make a voluntary payment, whether annual or otherwise, can be equated with an attempt by the British Government to impose a tax; and
2. In their opinion there is no legal or constitutional objection to the making of a voluntary contribution, whether annual or otherwise. Accordingly, their opinion is that there are no constitutional factors that need to be borne in mind in considering whether or not to offer a contribution.

In other words – if I may state the Law Officers' conclusion in another way – the decision which we have to take is a wholly political decision.

The Committee proposes to continue its consideration of all options, to keep in touch with Guernsey and, in due course, to report to the States with its recommendations.

LIST OF SUGGESTIONS RECEIVED BY THE SPECIAL COMMITTEE

1. That no contribution of any kind be made.
2. That a cash contribution be made towards the costs incurred by the United Kingdom in dealing with the affairs of the Island and of individual Islanders in international affairs, but that no such contribution be made towards the cost of defence.
3. That a cash contribution be made towards both defence and international representation; in this option, one view is that the cash contribution should take the form of a once only payment, as has been done on previous occasions when the issue has been raised; others feel that there should be an annual cash payment of an amount to be decided by the States each year.
4. That any annual cash payment be earmarked for particular purposes so that it does not fall into the general Consolidated Fund of the U.K.
5. That an annual cash payment be made as a direct contribution towards the infrastructure of NATO.
6. That a payment be made to cover the cost of all Jerseymen serving in H.M. Forces.
7. That a contribution be made in kind, for example –

1. the acquisition and maintenance of a fishery protection vessel, possibly capable of conversion to some defence use, to be stationed in the Islands;

2. the establishment of a unit of the Royal Naval Voluntary Reserve, manning a small naval vessel stationed in the Islands;
3. the reconstitution of the Royal Jersey Militia, either on a voluntary or a compulsory basis;
4. the introduction of a compulsory form of national service with H.M. Forces.

8. Other suggestions include –

1. the funding of Peace Research';
2. an additional contribution to the Third World;
3. the establishment of a Helicopter Unit for use in emergencies."

Telecommunications Department – office accommodation.

THE STATES, adopting a Proposition of the Telecommunications Board –

1. approved the leasing from Roslyn Investments Limited, of the offices at 13 Cattle Street, St. Helier , for a period of three years with effect from 1st January, 1985, at an annual rent of £7,250 representing £5.50 per square foot for the use of the Telecommunications Department;
2. authorised the Greffier of the States to sign the necessary lease;
3. authorised the Treasurer of the States to pay the rent as it became due.

Le Squez Housing Estate – transfer of land.

THE STATES, adopting a Proposition of the Housing Committee, approved the transfer to the Education Committee of the administration of a strip of land at Le Squez Housing Estate, shown hatched in red on Plan No. H.C.1/85.

Jersey Energy Report 1984.

THE STATES, adopting a Proposition of the Resources Recovery Board, noted the Board's 1984 Report on Energy and –

1. (a) accepted that the present capacity for the storage of petroleum products in the Island is inadequate to meet strategic requirements; and

(b)  instructed the Board to investigate the means by which the strategic capacity of petroleum products might be increased and to report back to the House on costs and methods;

2. instructed the Board to examine the implications of a formal association between Jersey and the International Energy Agency, with a view to the Island enjoying by right a share in resources in times of crisis;
3. approved the Resources Recovery Board's policy of encouraging the practice of good energy management in the public sector.

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

Pollution of the North Sea: Agreement for co-operation.

THE STATES, adopting a Proposition of the Harbours and Airport Committee, requested the Bailiff to inform the Secretary of State that the Insular Authorities wish the United Kingdom to ratify on their behalf the Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances which was signed on 13th September, 1983.

Pilotage (General Provisions) (Amendment No. 9) (Jersey) Regulations, 1985.

THE STATES, in pursuance of Article 9 of the Pilotage (Jersey) Law, 1965, as amended, made Regulations entitled the Pilotage (General Provisions) (Amendment No. 9) (Jersey) Regulations, 1985.

La Collette Reclamation Site: leases.

THE STATES commenced consideration of a Proposition of the Harbours and Airport Committee regarding leases on land at La Collette Reclamation Site (P.4/85 – lodged on 15th January, 1985). After discussion, and on the proposition of the President of the Harbours and Airport Committee, further consideration was deferred to a later date.

New North Quay: lease of accommodation.

THE STATES, adopting a Proposition of the Harbours and Airport Committee –

1. approved the lease to Channel Island Ferries Limited of592 square feet of office accommodation on the New North Quay, St. Helier , known as Letting No. N18a for a period of nine years with effect from 1st December, 1984, at an annual rent of £4,500, representing a rate of £7.60 a square foot a year, with rent reviews at the end of the third and sixth years;
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.

THE STATES rose at 12.55 p.m.

R.S. GRAY,

Deputy Greffier of the States.