States Minutes 25th November 1986

THE STATES assembled on Tuesday, 25th November, 1986 at 10.15 a.m. under the Presidency of the Bailiff ,

Peter Leslie Crill, Esquire, C.B.E. ____________

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

____________

All members were present with the exception of –

Edward John Le Brocq, Connétable of St. Peter – out of the Island.

David John de la Haye, Deputy of St. Ouen – out of the Island.

Carlyle John Le Hérissier Hinault, Deputy of St. John – out of the Island.

William George Mahoney, Deputy of St. Helier – out of the Island.

____________

Prayers ____________

Tribute to the late Senator J.P. Sandeman.

The Bailiff paid tribute to the late Senator Jane Patricia Sandeman. The States observed one minute's silence as a mark of respect.

Deputy H.H. Baudains of St. Clement – welcome.

The Bailiff , on behalf of Members of the States, welcomed to the Assembly the newly appointed Deputy of St. Clement , Mr. Harry Hall ewell Baudains.

365   Price : £1.00

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

1. Ancillary Dental Workers (Registration) (Fees) (No. 2) (Jersey) Order, 1986. R & O 7573.
2. Cremation (Fees) (No. 2) (Jersey) Order, 1986. R & O 7574.
3. Establishments for Massage or Special Treatment (Licence Fees) (Jersey) Order, 1986. R & O 7575.
4. Food and Drugs (Ice-Cream Stalls etc.) (Amendment No. 7) (Jersey) Order, 1986. R & O 7576.

Island Development Committee – appointment of member.

THE STATES appointed Deputy Harry Hall ewell Baudains of St. Clement as a member of the Island Development Committee.

Education Committee – appointment of member.

THE STATES appointed Deputy Harry Hall ewell Baudains of St. Clement as a member of the Education Committee.

Statistical Digest.

The Finance and Economics Committee by Act dated 10th November, 1986, presented to the States the Statistical Digest.

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

Manpower Report for the half-year to 30th June, 1986. R.C.21.

The Establishment Committee by Act dated 3rd November, 1986, presented to the States a Report on Manpower for the half-year to 30th June, 1986.

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

Actuarial Review of the Social Security Scheme as at 30th September, 1985. R.C.22.

The Social Security Committee by Act dated 30th October, 1986, presented to the States the Report of the Government Actuary on the financial condition of the Social Security Scheme as at 30th September, 1985.

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

Gambling Report. P.155/86.

The Gambling Control Committee by Act dated 28th October, 1986, presented to the States a Report on Gambling.

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 10th November, 1986, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Tourism Committee, the lease to Mr. Charles William Frederick Wagner of the site of the Café Casino, Greve de Lecq, St. Ouen , for a further term of three years as follows –

1986  Year 1  £1,750 1987  Year 2  £2,100 1988  Year 3  £2,500;

2. as recommended by the Housing Committee, the lease to  The  Jersey  Electricity  Company  Limited  of approximately 14.10 square metres of land at Balmain Nurseries, St. Helier , for a period of99 years at £1 a year, to be paid in one sum in advance, with each party being responsible for the payment of its own legal  costs,  and  to grant to the Company rights of access and servitudes and the right to lay subterranean high tension cables and to position a section pillar, free of charge, all as shown on Drawing No. 2769/14.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Redundancy payments. P.154/86.

Presented  by  Senator  Richard  Joseph  Shenton  and referred to the Industrial Relations Committee.

2. Draft Amendment (No. 10) to the Standing Orders of the States of Jersey. P.156/86.

Presented by the Legislation Committee. The States decided to take this subject into consideration on 9th December, 1986.

3. Fuel  Oil  Supply  and  Distribution:  proposals. P.157/86.

Presented by Senator Richard Joseph Shenton. The States decided to take this subject into consideration on 9th December, 1986.

4. Petty Debts Court. P.158/86.

Presented by Senator Richard Joseph Shenton. The States decided to take this subject into consideration on 9th December, 1986.

5. Draft Regulation of Undertakings and Development (Amendment No. 2) (Jersey) Regulations, 198 . P.159/86.

Presented by the Finance and Economics Committee. The States decided to take this subject into consideration on 9th December, 1986.

6. Defence Contribution: purchase from list of items. P.160/86.

Presented by Deputy Jack Roche of St. Saviour .

7. Defence Contribution: Territorial Army Unit. P.161/86.

Presented by Deputy Dereck André Carter of St. Helier .

8. Defence Contribution: cash payment. P.162/86. Presented by Senator John Stephen Rothwell.

The following subject was lodged on 11th November, 1986 –

Proposition and Third Report of the Special Committee to consider a request from the United Kingdom Government for a contribution towards defence and international representation. P.149/86.

Presented by the Special Committee.

The following subjects were lodged on 18th November, 1986 –

1. Almorah Crescent, St. Helier : grant-aid. P.150/86. Presented by the Island Development Committee.
2. Draft Harbours (Amendment No. 17) (Jersey) Regulations, 198 . P.151/86.

Presented by the Harbours and Airport Committee.

3. Draft Amendment (No. 8) to the Tariff of Harbour and Light Dues. P.152/86.

Presented by the Harbours and Airport Committee.

4. Controls over Public Entertainment: Committee of Inquiry. P.153/86.

Presented by the Education Committee.

THE STATES decided to take the abovementioned subjects into consideration on 2nd December, 1986.

Sheltered Workshop at Highlands: grant-aid and management. P.127/86.

THE STATES acceded to the request of the President of the Education Committee that the Proposition regarding grant-aid and management of the sheltered workshop at Highlands (lodged on 23rd September, 1986) be taken into consideration on 9th December, 1986.

Draft Franchise (Amendment No. 4) (Jersey) Law, 198 . P.126/86. Withdrawn.

THE STATES acceded to the request of the President of the Legislation Committee that the draft Franchise (Amendment No. 4) (Jersey) Law, 198 (lodged on 23rd September, 1986, deferred in 2nd Reading on 21st October, 1986 and set down for further debate on 9th December, 1986) be withdrawn.

Draft Regulation of Undertakings and Development (Amendment No. 2) Regulations, 198 . P.135/85. Withdrawn.

THE STATES noted that the Finance and Economics Committee had withdrawn the draft Regulation of Undertakings and Development (Amendment No. 2) (Jersey) Regulations, 198 (lodged on 5th November, 1985), having lodged revised draft Regulations at the present Sitting (P.159/86).

Sale of Agricultural land in 1985. Questions and answers.

Deputy Hendricus Adolphus Vandervliet of St. Lawrence asked Senator Pierre François Horsfall, President of the Agriculture and Fisheries Committee, the following questions –

"Will the President inform the House of –

1. The number of vergées of agricultural land in Jersey which were sold in 1985?
2. The number of those vergées which were sold to persons or companies directly involved in operating an agricultural holding in Jersey?
3. The number of those vergées which were sold to persons or companies not directly involved in the industry?
4. The highest, lowest and average price per vergée of the land referred to in 2 and 3 above?
5. The number of vergées referred to in 2 that were not the subject of an Agricultural Loan?".

The President of the Agriculture and Fisheries Committee replied as follows –

"1. The Agricultural Land (Control of Sales and Leases)

(Jersey) Law, 1974, as amended, enables the Agriculture and Fisheries Committee to control sales and leases of agricultural land. Agricultural land' is defined in the Law as land, including land under glass, used or capable of being used for any purpose of agriculture or horticulture, but does not include any dwelling house or outbuilding. The Law also covers established gardens in excess of one vergée. The point should be made that the Committee's main powers relate to occupation rather than ownership.

Whilst the Department has a record of the number of consents issued for transactions it has no record of the actual number of sales that are completed. The answers to the questions posed can therefore only be in terms of consents issued.

It should also be pointed out that several consents may be issued for the sale of one area of land to different purchasers and no allowance has been made for this in the following figures.

Information is available from the Judicial Greffe on the actual number of sales registered in the Royal Court. However, the extraction of this information would require extensive research and the Department lacks the resources to undertake this at the present time.

During 1985 a total of 238 consents were issued for the sale of land covering approximately 1,772 vergées.

2. Of the 238 consents issued, 76 were to persons or companies involved in operating an agricultural holding in Jersey and 99 were to persons or companies not directly involved in the industry. The remaining 63 consents issued were unconditional', i.e. they referred to 134 vergées of land such as established gardens, scrubland, etc., which the Committee did not consider it necessary to reserve for local agriculturalists. The area involved in the 76 consents issued to agriculturalists is approximately 744 vergées.
3. The 99 consents involved the sale of approximately 894 vergées of land to persons or companies not directly involved in the industry. However, conditions are applied to agricultural land to restrict its occupation only to those recognised as bona fide agriculturalists and a non-agricultural owner of such land would not be permitted to occupy.
4. Land prices are available in respect of consents issued for 67 transactions in 1985, 49 being purchases by persons or companies directly involved in operating an agricultural holding in Jersey and 18 in respect of purchases by persons or companies not involved in agriculture. The limited information is due to the price given on application being a total for the purchase of property with land (this would not give a true reflection of the price paid for the land alone) or to no price  being  stated.  The  Committee  has  no  power under the legislation to control the price at which land is  sold  and  details  are  therefore  obtained  only  for information purposes. The information available is as follows –

Persons or Companies involved in agriculture

49 consents – 506.37.00 vergées

Persons or Companies

NOT involved in agriculture

18 consents – 222.04.00 vergées

Highest price per vergée

Lowest price per vergée

Average price per vergée

£6,500  £4,000 £500  £700 £2,634  £2,370

5. The  Agricultural  Loans  Report  for  1985 (R.C.5  of1986) indicates  that  186.1.3 vergées  of land  were purchased with the aid of an agricultural loan in that year  (12 loans  were  granted  for  this  purpose).  The average cost per vergée was £2,288 and the average loan per vergée was £1,383. It therefore follows that consents  were  issued  for  the  purchase  of557.32.00 vergées of land by persons or companies directly involved in operating an agricultural holding in Jersey, which were not the subject of an agricultural loan.".

Full nursing care geriatric beds. Question and answer.

Senator  Peter  Geoffrey  Kevitt  Manton  asked  Senator  John Le Marquand,  President  of  the  Public  Health  Committee,  the following question –

"How many full nursing care geriatric beds (Part III Accommodation) have been removed in 1986, and how many is it planned to remove in 1987?".

The President of the Public Health Committee replied –

"There has been a reduction of 30 full nursing care geriatric beds during 1986. (Part III Accommodation does not apply in Jersey.)

There  are  currently no plans to remove further geriatric beds during 1987.".

Agreement with the B.B.C. and the broadcasting of States' debates. Statement.

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

"The States on 27th January, 1981, agreed to invite the British Broadcasting Corporation to establish a Community Radio Station and to allocate to the B.B.C. the medium wave length frequency granted to the Island until November 1988.

In the Report which accompanied the Proposition (P.3/81) the Committee stated that it would only not re-grant the wavelength to the B.B.C. if, at that time, it was felt for very substantial reasons that the Corporation had failed in providing the service which the Island requires and expects. The initial Agreement therefore included a clause that the parties declared their intentions to be that they would not refuse to renew the Agreement for insubstantial reasons.

The Station commenced broadcasting in March 1982, and since that time has increased its daily output from about two hours to six hours a day. During this period the station budget has been increased on several occasions and Radio Jersey is currently employing eight full-time staff and ten part-time specialists. In addition a full-time engineer is now based in the Islands to provide technical back-up to the programme output.

The Committee believes that Radio Jersey is now an important established part of the community and is pleased that the Corporation has provided the resources, both financial and manpower, to enable the Station to increase its output.

The Committee is satisfied that there are no substantial reasons why the Agreement should not be renewed and the Committee is, therefore, negotiating with the Corporation a renewal of the Agreement for a further period of ten years, that is until November 1998, with a review before November 1996.

If I may now turn to the question of broadcasting States' proceedings, the States on 3rd June, 1986 agreed that, as an experiment, B.B.C. Radio Jersey and Channel Television should be allowed to broadcast, in sound only, live transmissions of all States' debates during the present Autumn session. The States further agreed that, during the experiment, Radio Jersey and Channel Television should be allowed to use extracts from the live broadcasting of States' Sittings in the context of both news and current affairs programmes.

Having recently reviewed the experiment, the Committee believes it to have been very successful. It will, therefore, be presenting to the States in the near future a Report and Proposition recommending that the live broadcasting of States' Sittings should become a permanent feature.

However, there has not been time to collate the information necessary to enable the States to reach a decision on this matter during the present Session and, therefore, the Committee proposes to extend the experiment until the debate takes place, which hopefully will be in January 1987.".

Deputy of St. Ouen – attendance.

Deputy David John de la Haye of St. Ouen , having returned to the Island, was present at the afternoon Sitting.

Budget 1987.

THE STATES commenced the consideration of the Budget for the financial year commencing 1st January, 1987, which in accordance with Article 16 of the Public Finances (Administration) (Jersey) Law, 1967, had been presented to the Assembly on 4th November, 1986, by the Finance and Economics Committee and comprised –

1. the estimate of the revenue expenditure and of the income of the Committees of the States;
2. the estimate of the transactions of the Capital Fund; and
3. the Report of the Finance and Economics Committee thereon.

THE STATES, having considered the estimates of the revenue expenditure and of the income of the various Committees, decided to allow the said estimates as detailed in the undermentioned pages of the Budget as follows –

Finance and Economics Committee – Pages 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11.

Defence Committee – Pages 12, 13, 14 and 15.

Public Works Committee – Pages 16, 17, 18, 19, 20 and 21.

Education Committee – Pages 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33.

Public Health Committee – Pages 34, 35, 36, 37, 38, 39, 40 and 41.

Resources Recovery Board – Pages 42 and 43.

Agriculture and Fisheries Committee – Pages 44, 45, 46 and 47.

Tourism Committee – Pages 46 and 47.

Etat Civil Committee – Pages 48 and 49.

Social Security Committee – Pages 48 and 49.

Cottage Homes Committee – Pages 48 and 49. Establishment Committee – Pages 50 and 51.

Island Development Committee – Pages 52 and 53. Elizabeth House Committee – Pages 52 and 53.

Housing Committee – Pages 54 and 55.

Prison Board – Pages 54 and 55.

Constitution Committee – Pages 54 and 55.

Fort Regent Development Committee – Pages 56 and 57. Gambling Control Committee – Pages 58 and 59. Legislation Committee – Pages 58 and 59.

Overseas Aid Committee – Pages 58 and 59. Broadcasting Committee – Pages 58 and 59.

Industrial Relations Committee – Pages 60 and 61.

Harbours and Airport Committee – La Collette Reclamation Scheme – Pages 60 and 61.

Policy Advisory Committee – Pages 60 and 61. TRADING COMMITTEES

Harbours and Airport Committee – Pages 62 and 63. Telecommunications Board – Pages 62 and 63.

Committee for Postal Administration – Pages 62 and 63.

THE STATES, referring to the summary of income and revenue expenditure appearing on page 71 agreed the total revenue expenditure in the sum of £171,940,900, the total income from Committees in the sum of £93,017,900 and the amounts to be transferred to the General Reserve, Accumulated Reserve and Strategic Reserve in the sums of £13,200,000, £2,000,000 and £10,000,000 respectively.

THE STATES noted that on the basis of levels of taxation proposed by the Finance and Economics Committee the surplus on the Revenue account to be transferred to the Capital Fund amounted to £19,890,900.

Having allowed for a balance of £14,243,700 to be brought forward at 1st January, 1987, and taking into account the capital repayments of £41,411,600 the States noted that there would be available in the Capital Fund the sum of £40,543,600. The States then proceeded to consider the estimates of Capital Expenditure recommended by the Finance and Economics Committee on pages 64 and 65 of the Budget and –

NON-TRADING COMMITTEES

The estimate of the capital expenditure of the Finance and Economics Committee appearing on page 64 of the Budget was allowed.

The estimate of the capital expenditure of the Defence Committee appearing on page 64 of the Budget was allowed.

The estimate of the capital expenditure of the Public Works Committee appearing on page 64 of the Budget was allowed.

The estimate of the capital expenditure of the Education Committee appearing on page 64 of the Budget was allowed.

The estimate of the capital expenditure of the Public Health Committee appearing on page 64 of the Budget was allowed.

The estimate of the capital expenditure of the Resources Recovery Board appearing on page 65 of the Budget was allowed.

The estimate of the capital expenditure of the Agriculture and Fisheries Committee appearing on page 65 of the Budget was allowed.

The estimate of the capital expenditure of the Island Development Committee appearing on page 65 of the Budget was allowed.

The estimate of the capital expenditure of the Housing Committee appearing on page 65 of the Budget was allowed.

The estimate of the capital expenditure of the Fort Regent Development Committee appearing on page 65 of the Budget was allowed.

TRADING COMMITTEES

The estimate of the capital expenditure of the Harbours and Airport Committee appearing on page 65 of the Budget was allowed.

The estimate of the capital expenditure of the Telecommunications Board appearing on page 65 of the Budget was allowed.

THE STATES having terminated the discussion on the capital estimates noted that the amount to be voted from the Capital Fund was £28,417,000.

THE STATES considered the estimates of income to be produced from taxation appearing on page 69 of the Budget and agreed the estimate as follows –

Impôt on Spirits Impôt on Wines Impôt on Tobacco Impôt on Beer Impôt on Motor fuel

£  £

4,485,000

1,983,000

2,200,000

1,150,000

1,700,000

Impôt on Goods imported into

the Island  350,000 11,868,000 (Tariff)

Income Tax and Corporation Tax 96,300,000 Motor Tax   1,100,000 109,268,000

THE STATES adopted in Second Reading a Bill to continue certain expiring fiscal laws; to prescribe the standard rate of income tax for the year nineteen hundred and eighty-seven; to amend further the law relating to income tax to increase personal allowances and reliefs, and to make provision for retirement annuity contracts; to increase the rate of corporation tax; and to increase wines and spirits duty, beer duty and tobacco duty.

The said Bill was lodged "au Greffe".

THE STATES, in pursuance of Article 25 of the Public Finances (Administration) (Jersey) Law, 1967, have declared that the Bill to continue certain expiring fiscal laws; to prescribe the standard rate of income tax for the year nineteen hundred and eighty-seven; to amend the law relating to income tax to increase personal allowances and reliefs, and to make provision for retirement annuity contracts; to increase the rate of corporation tax; and to increase wines and spirits duty, beer duty and tobacco duty (which has this day been lodged "au Greffe"), shall immediately have effect as if it were a law passed by the States and sanctioned by Her Majesty in Council.

THE  STATES  having  terminated  the  discussion  on  the  Budget agreed  the  Summary  of  the  Estimated  Income  and  Revenue Expenditure  for  1987  appearing  on  page 71  of  the  Budget  as follows –

INCOME

£ Committees  93,017,900 Taxation  109,268,000 202,285,900

DEDUCT  £

Revenue Expenditure  171,940,900

General Reserve  13,200,000

Accumulated Reserve  2,000,000

Strategic Reserve  10,000,000  197,140,900 Balance of Income over Revenue Expenditure and

transfers to Reserves  5,145,000

Estimated Balance in hand at 31st December,

1986  14,745,900 Balance to be transferred to Capital Fund  £19,890,900

THE  STATES  further  agreed  the  estimated  transactions  of  the Capital Fund for 1987 as follows –

Balance brought forward

Capital repayments

Estimated balance on Revenue Account (as above)

Capital expenditure

Estimated balance in hand at 31st December, 1987

£ 14,243,700

7,277,000 19,890,900

41,411,600 28,417,000

£12,994,600

THE STATES rose at 5.15 p.m.

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