States Minutes 4th March 1986

THE STATES assembled on Tuesday, 4th March, 1986 at 10.15 a.m. under the Presidency of the Bailiff ,

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

All members were present with the exception of –

Senator John Le Marquand – ill.

Senator Richard Joseph Shenton – absent. Senator Bernard Thomas Binnington – ill. Senator Terence John Le Main – absent.

Winter Chevalier de Gruchy, Connétable of St. Martin – ill.

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

____________

Prayers ____________

Agricultural Loans Report for 1985. R.C.5.

The  Agriculture  and  Fisheries  Committee  by  Act  dated  13th February, 1986, presented to the States a report on the Agricultural Loans and Guarantees Fund for the year ending 31st December, 1985,  with  comments  on  the  operation  during  1985  of  the Agriculture  (Loans  and  Guarantees)  (Jersey)  Law,  1974  and  the Agriculture (Loans) (Jersey) Regulations, 1974, as amended.

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

75   Price : 50p

Dwelling Houses Loan Fund: statement for 1985. R.C.6.

The Housing Committee by Act dated 21st February, 1986, presented to the States a statement showing the financial position of the Dwelling Houses Loan Fund as at 31st December, 1985.

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

Public Lotteries Report for 1985. R.C.7.

The Gambling Control Committee by Act dated 25th February, 1986, presented to the States its report on Public Lotteries promoted and conducted during 1985.

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 17th February, 1986, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Harbours and Airport Committee, the leasing to Mr. Anthony Noel Legg of German bunkers situated below the Port Control Station at the end of the Victoria Pier, Port of St. Helier , required for the construction of fish holding tanks in connexion with his Salmon Trout Fisheries, for a period of three years, with effect from 1st February, 1986, at an annual rent of £825, representing a rate of £1.65 a square foot, on condition that Mr. Legg would provide the tanks and that the business was conducted in such a way as not to interfere with, or damage, the installation of the Harbours Port Control Station;

2. as recommended by the Housing Committee, in connexion with the boundaries of 70, St. Saviour 's Road, St. Helier , following the completion of de Quetteville Court, Phase III –

1. the passing of a Contrat de Bornement between the Housing Committee and Ann Street Brewery Company Limited to enable the Committee to increase in height by two metres the jointly owned boundary wall; and
2. the sale to St. Helier International Limited, the proprietors of the adjoining Graham Hotel, of a small strip of land, measuring approximately 60 square feet (which would become surplus to the Housing Committee's needs) for a nominal sum of £10, the public of the Island to be responsible for the payment of legal costs.

Matters noted – financial transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 3rd and 17th February, 1986, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that –

1. the Housing Committee had accepted the lowest of five tenders, namely that submitted by A.C. Mauger and Son (Sunwin) Limited in the sum of £679,757 in a contract period of52 weeks for the development of Journeaux Court, Phase III;
2. the Public Works Committee had accepted the lowest of four tenders, namely that submitted by Regal Construction (Jersey) Limited in the sum of £49,245.51 for the installation of a new lift at Sand Street Multi-Storey Car Park.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Draft Queen's Valley Reservoir (Jersey) Law, 198 . (P.115/85): eighteenth amendment. P.32/86. Present by Senator Jane Patricia Sandeman.
2. Draft Queen's Valley Reservoir (Jersey) Law, 198 . (P.115/85): nineteenth amendment. P.33/86. Presented by Senator Reginald Robert Jeune .

Queen's Valley and Val de la Mare Reservoirs. Questions and response.

Senator Jane Patricia Sandeman asked Deputy Donald George Filleul of St. Helier , President of the Public Works Committee the following questions –

"1. Will the President give the latest costs for (a) the

construction of Queen's Valley Reservoir; (b) the ancillary works for the reservoir; and (c) the amount of compensation to be paid?

2. Will the President give (a) the length and diameter of the pipes required for the ancillary works; and (b) the capacity of the pumps required for the ancillary work?
3. Are pipes and pumps required to bring water from the Rozel and St. Catherine's catchment areas included in these costs and will they be put in position during the construction of the Queen's Valley Reservoir?
4. What types of construction will be used for the embankments described in work 4 and work 5?
5. What is the present daily capacity of the stream referred to in Article 9 of P.115/85 without the risk of flooding?

6. Will the President give –

1. the estimated costs of an extended rockfill dam at Val de la Mare which he gave during the debate of 11/12th February, 1986;
2. the breakdown of these costs and ancillary works;
3. the raised height of the extended dam envisaged in those costs; and
4. which part of the costs were estimated by Watson Hawksley, the Jersey New Waterworks Company Limited and the Public Works Committee?"

The President of the Public Works Committee responded as follows –

"During the recent Debate seeking to rescind the States' decision to use Queen's Valley for a new water storage reservoir, I paid tribute to the tenacity and determination shown by Senator Sandeman in the course of her opposition to the project. My Committee has authorised me to say on this occasion that it considers that there is a point at which the exercise of a Member's right to seek information becomes an abuse of that privilege and it believes that that point has now been reached.

The Public Works Committee does not propose to answer these questions, the latest in a series of interrogations by the Senator on a matter which has been democratically and unequivocally decided by the States.

Most of the questions have already been dealt with, in some cases more than once, in the course of recent Debates, and the Committee believes that further enquiries of this nature are tendentious and constitute a harassment of the Committee and the Company.

It is further the opinion of the Committee that publication of more details of the Company's estimates may be prejudicial to the process of seeking competitive tenders for the works and the Committee cannot support such action.

The Committee emphasises that the main issues have now been finally resolved and that having made clear its confidence in the competence of the Company and its Consultants, the States should now be content to allow them to proceed in the manner customary in the industry.

It is worth reminding the House that it has hitherto been the practice in respect of major engineering works carried out by such authorities as the Jersey Gas Company Limited, the Jersey Electricity Company Limited, the Resources Recovery Board, the Harbours and Airport Committee and indeed my own Committee, for the policy decision to be made in this Chamber but for the practical implementation to be left in the hands of those qualified to carry it out. The Committee does not see any reason for a departure from this well-established procedure and does not wish to be a party to further investigations of the kind being promoted by the Senator, being fully satisfied that full and thorough examination and consideration of all issues has been undertaken by those reputable engineers involved.

The Company has accepted responsibility for the cost, compensatory and consequential effects of the project and in addition will be bound by the conditions defined in the Queen's Valley Reservoir Law.

The purpose to which the answers to the Senator's questions might be put is not clear to the Committee, which can see a conflict with States' policy as well as imputations as to the accuracy and validity of published data. In the light of its duty to carry out the instructions of the States in this matter the Committee must now consider the political assessment of the project to be at an end and unless the House wishes otherwise does not propose to give further time to the preparation of answers to questions of the nature of those submitted today."

Liberation Day: celebration.

THE STATES, adopting a Proposition of the Liberation Anniversary Committee –

1. agreed that 9th May should continue to be designated as a public holiday;
2. agreed that 9th May should be observed by an interdenominational Church Service to be held in the Royal Square during the morning, and requested the Bailiff to consult with the persons concerned to co- ordinate the Service.

Parish Rate (Administration) (Amendment No. 5) (Jersey) Law, 198 . P.3/85.

THE STATES commenced consideration of the draft Parish Rate (Administration) (Amendment No. 5) (Jersey) Law, 198 , and after discussion rejected the Preamble.

States of Jersey (Amendment No. 4) Law, 1986. P.129/85.

THE STATES commenced consideration of a Bill to amend further the States of Jersey Law, 1966 with regard to the holding of elections. The States adopted the Preamble and Articles 1 and 2 having accepted an amendment of Leonard James Norman, Connétable of St. Saviour that in Article 1 for the words "last week of the month of October" there should be substituted the words "third week of the month of October".

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the States of Jersey (Amendment No. 4) Law, 1986.

Road Traffic (No. 29) (Jersey) Regulations, 1986. P.16/86.

THE STATES, in pursuance of the powers conferred on them by the Order in Council of the twenty-sixth day of December, 1851, and of Article 49 of the Road Traffic (Jersey) Law, 1956, as amended, made Regulations entitled the Road Traffic (No. 29) (Jersey) Regulations, 1986.

Social Security and Health Care: agreement with Sweden. P.18/86.

THE STATES, adopting a Proposition of the Social Security Committee, requested the Bailiff to inform the Secretary of State that it is the wish of the Assembly that the Convention on Social Security, together with a Protocol on Health Care, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Sweden should apply to Jersey.

THE STATES rose at 12.35 p.m.

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