States Minutes 8th April 1986

THE STATES assembled on Tuesday, 8th April, 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 – out of the Island. Senator Anne Baal – out of the Island.

John Pepin Le Sueur , Connétable of St. John – out of the Island.

John Le Gallais, Deputy of St. Saviour – out of the Island.

Sir Martin Le Quesne, Deputy of St. Saviour – out of the Island.

____________

Prayers ____________

Welcome to Connétable of St. Martin .

The   Bailiff ,  on  behalf  of  the  Members  of  the  States,  welcomed Winter Chevalier de Gruchy, the Connétable of St. Martin , on his return to the House after illness.

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

1. Fire  Service  (General  Provisions)  (Amendment No. 7) (Jersey) Order, 1986. R & O 7477.
2. Road  and  Sand  Racing  (Jersey)  Order,  1986. R & O 7478.

115   Price : 75p

3. Motor Vehicles (Wearing of Seat Belts) (Amendment) (Jersey) Order, 1986. R & O 7479.
4. Road Vehicles Lighting (Amendment No. 12) (Jersey) Order, 1986. R & O 7480.
5. Post Office (Foreign Parcel Post Provisions) (Amendment No. 7) (Jersey) Order, 1986. R & O 7481.
6. Post Office (Foreign Post Provisions) (Amendment No. 10) (Jersey) Order, 1986. R & O 7482.
7. Post Office (General Provisions) (Amendment No. 21) (Jersey) Order, 1986. R & O 7483.
8. Road Traffic (Saint Saviour) (Amendment No. 13) (Jersey) Order, 1986. R & O 7484.

Finance and Economics Committee – appointment of member.

THE STATES appointed Sir Martin Le Quesne, Deputy of St. Saviour , as a member of the Finance and Economics Committee in the place of the late Connétable of St. Saviour , Mr. Leonard James Norman.

Social Security Committee Report and Statement of Accounts 1985.

The Social Security Committee by Act dated 23rd January, 1986, presented to the States its Report and Statement of Accounts for the year ended 30th September, 1985.

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

Draft Amendment (No. 10) to the Standing Orders of the States of Jersey (P.84/80): report. P.51/86.

The Legislation Committee by Act dated l7th March, 1986, presented to the States a Report on the draft Amendment (No. 10) to the Standing Orders of the States of Jersey (P.84/80 – lodged on 10th June, 1980).

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

Agricultural Statistics 1985.

The Agriculture and Fisheries Committee by Act dated 13th March, 1986, presented to the States the Agricultural Statistics for the year ended 3lst October, 1985.

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

Matters noted – land transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 17th March and 1st April, 1986, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Housing Committee, the leasing to the Jersey Branch of Action for Research into Multiple Sclerosis, of1,870 square feet of land at the rear of La Collette Flats, St. Helier , shown on Drawing No. 323/2, required for the construction of a building to house a decompression chamber, for a period of99 years with effect from 1st May, 1986, at an annual rent of £1, payable in one lump sum at the commencement of the lease, with the lessee being responsible for the payment of all legal fees;
2. as recommended by the Public Works Committee, the sale to Mr. Norman Philip Pallot and Mrs. Denise Pallot, née Dauvert, of approximately 1,250 square feet of land forming a section of a rough track along the frontage of Rue du Phare, Corbière, St. Brelade , shown hatched on Drawing No. 24/B/45, for a consideration of £1,250, subject to Mr. and Mrs. Pallot assuming responsibility for the costs involved in the preparation of a contract to be registered in the Royal Court, which contract would reserve to the public of the Island the continued right of access over the track so that it could approach its other land holdings lying to the north;

3. as recommended by the Harbours and Airport Committee, the leasing to Mr. Graeme Philip Holley of Field 270, St. Peter , situated to the north of Mont- à-la-Brune and measuring approximately
   25. vergées, for agricultural purposes, on the basis of a one year certain tenancy and thereafter subject to 6 months' notice on either side, with effect from 1st January, 1986, at an annual rent of £97.50, representing a rate of £30 per vergée;
4. as recommended by the Harbours and Airport Committee, the renewal of the lease to The Jersey Electricity Company Limited of the site of the Quennevais electricity sub-station, comprising 948 square yards, for a term of21 years, with effect from 25th December, 1986, at an annual rent of £5, payable in one lump sum at the commencement of the lease.

Matters noted – financial transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 17th March and 1st April, 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 four tenders, namely that submitted by John J.du Feu Limited in the sum of £93,270.19 in a contract period of 16 weeks for demolition on the St. Mary 's and St. Peter 's Church site;
2. the Housing Committee had accepted the lowest of four tenders, namely that submitted by C.A. Mauger Limited in the sum of £86,400.00 in a contract period of 22 weeks for the development of 30/31 Belmont Road, St. Helier for additional hostel accommodation.

Matters lodged.

The following subject was lodged "au Greffe" –

Heating Oil: retail prices. P.53/86.

Presented by Deputy Corrie Stein of Grouville . The States decided to take this subject into consideration on 6th May, 1986.

The following subjects were lodged on 25th March, 1986 –

1. Property Speculation and Monopolies (P.13/86): amendment. P.37/86.

Presented by Senator Ralph Vibert .

2. Draft Milk (Sale to Special Classes) (Jersey) Regulations, 198 . P.38/86.

Presented by the Social Security Committee. The States decided to take this subject into consideration at the present Sitting.

3. Draft Family Allowances (Jersey) Regulations, 198 . P.39/86.

Presented by the Social Security Committee. The States decided to take this subject into consideration at the present Sitting.

4. Draft Sea-Fisheries (Amendment) (Jersey) Law, 1975 (Appointed Day) Act, 198 . P.40/86.

Presented by the Agriculture and Fisheries Committee.

5. Draft Sea-Fisheries (Establishment and Regulation of Fisheries) (Jersey) Regulations, 198 . P.41/86. Presented by the Agriculture and Fisheries Committee.
6. Draft Public Finances (Administration) (Amendment No. 2) (Jersey) Law, 198 . P.42/86. Presented by the Finance and Economics Committee. The States decided to take this subject into consideration on 22nd April, 1986.
7. Draft European Communities (Wine) (Jersey) Regulations, 198 . P.43/86.

Presented by the Finance and Economics Committee.

8. Projet de Règlement (198 ) sur le Marquage d'Oeufs. P.44/86.

Presented by the Agriculture and Fisheries Committee.

9. Draft Hire Cars (Jersey) Regulations, 198 . P.45/86.

Presented by the Defence Committee.

10. Draft Control of Fuels (Jersey) Regulations, 198 . P.46/86.

Presented by the Defence Committee.

11. Draft Control of Food (Jersey) Regulations, 198 . P.47/86.

Presented by the Defence Committee.

The States decided to take items 7 to 11 inclusive into consideration at the present Sitting.

The following subjects were lodged on 1st April, 1986 –

1. Draft Customary Law (Amendment No. 3) (Jersey) Law, 198 . P.48/86.

Presented by the Legislation Committee. The States decided to take this subject into consideration on 6th May, 1986.

2. Draft Road Traffic (No. 30) (Jersey) Regulations, 198 . P.49/86.

Presented by the Defence Committee. The States decided to take this subject into consideration on 22nd April, 1986.

3. Draft Motor Vehicles (International Circulation) (Amendment No. 8) (Jersey) Regulations, 198 . P.50/86.

Presented by the Defence Committee. The States decided to take this subject into consideration on 22nd April, 1986.

Draft Amendment (No. 10) to the Standing Orders of the States of Jersey. P.84/80.

THE  STATES  acceded  to  the request of Deputy Norman  Stuart Le Brocq of St. Helier that the draft Amendment (No. 10) to the Standing Orders of the States of Jersey (lodged on 10th June, 1980) be considered on 6th May, 1986.

Fuel Oil Price s: Committee of Inquiry. P.97/85.

THE STATES acceded to the request of Senator Jane Patricia Sandeman that the Proposition regarding the setting up of a Committee of Inquiry into fuel oil prices in the Island (lodged on 27th August, 1985) be considered on 13th May, 1986.

STATES MINUTES

Fuel Oil for growers. Questions and answers.

8th April, 1986

Deputy Corrie Stein of Grouville asked Senator Pierre François Horsfall, President of the Agriculture and Fisheries Committee, the following questions –

"1. The price of crude oil has dropped considerably since

the beginning of 1986.

Why have the growers not seen any reduction at all since 29th January in the price of 200 second oil and paraffin, both of which are fuels widely used in the industry in Jersey?

2. What is the Committee doing in respect of the 1986 season to offset the disadvantage under which local growers are operating as a consequence of the price of fuel which is much higher in Jersey by comparison with our competitors?
3. Why have local growers never been able to obtain the heavy oil which is used by The Jersey Electricity Company Limited, but have had to rely on using 200 second oil, whereas growers in Guernsey are able to buy the heavy oil from the Electricity Board at a much lower price than 200 second oil?"

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

"1. The price of oil is not normally controlled nor

monitored by my Committee, but I had ordered my Department some two weeks ago to undertake an investigation into the prices of all types of oil used by the industry. This investigation will cover not only a comparison of local prices related to the crude oil price (and related dollar exchange fluctuations) but also prices being charged to growers in Guernsey and the United Kingdom. This investigation is not yet complete but I believe that already there are certain anomalies which I intend to investigate further.

Following representations made by my Department to the company concerned I am pleased to report that as from April 2nd, 1986 the price of 200 second oil dropped by 0.7p per litre and kerosene by 3p per litre. This was the first change since January 29th, 1986 and is still far from being in line with the falling price of crude oil.

The question as to why reductions in the price of oil used by growers have not been forthcoming can only be answered by the oil companies concerned. However, I have to say that I share the industry's dismay and disappointment that more reductions have not been made and this would lead me to support any States Inquiry that could establish the facts of the situation.

2. My Committee is not only monitoring fuel costs but also monitoring the returns achieved. Thus it will be able to assess accurately the profitability of the crop as the season progresses. At this stage the effect of what appear to be relatively high oil prices cannot be gauged accurately with only a very small proportion of the crop harvested. The overall picture will become clearer as the season progresses and when the results of the oil investigation are to hand. Only then will my Committee be in a position to know if any additional support is necessary.
3. The Jersey Electricity Company Limited are prepared to make available heavy fuel oil to local growers via the local distributors. The Company does not wish tobe responsible for the distribution nor for the individual accounting which would be undertaken by one of the established oil companies.

This offer has been made previously to the growers but was rejected for various reasons not least of which were the comparative prices at the time. On the last occasion it should be noted that the price charged by the local distributors for the heavy oil once distribution costs had been added, was identical to the price of 200 second oil. Clearly the distributor's margin and costs can still be used to manipulate the final price. Growers are, of course, free at any time to start collective negotiations to buy heavy oil through The Jersey Electricity Company Limited.

However, my Committee feels that the best solution would be to obtain a realistic price for 200 second oil in the knowledge that many of the nurseries which have not turned to coal are too small to take advantage of heavy oil. Failing that the alternative is to encourage another company into the Island who would be prepared to supply either 200 second oil or a similar grade at realistic prices."

Fuel oil prices. Question and answer.

Senator John Stephen Rothwell asked Deputy David John de la Haye of St. Ouen , Vice-President of the Resources Recovery Board, the following question –

"In view of recent concern expressed by various groups and individuals in regard to charges made by local fuel distributors does the Vice-President still hold the view contained in the Board's report dated 20th August, 1985, on fuel oil prices which stated that –

The use by the oil suppliers of national procedures and standards in agreeing the profit margin earned by the authorised distributors in the Island also ensures that under the present agreement unreasonable profits are not being earned by those distributors'?"

The Vice-President informed the House that the question would be answered by the President at the next Sitting.

Housing qualifications of Jersey-born people. Statement.

The President of the Housing Committee made a Statement in the following terms –

"I would like to correct a quote in last night's Jersey Evening Post attributed to Senator Shenton concerning the housing qualifications of Jersey-born people or their children who work and live out of the Island, perhaps serving in the Forces.

I have to state clearly that, contrary to that statement, children of Jersey-born parents automatically qualify to lease and purchase when they have lived for ten years in Jersey provided that the Jersey-born parents have lived likewise for ten years in Jersey."

Sandakan, Quennevais Drive, St. Brelade : lease.

THE STATES, adopting a Proposition of the Housing Committee –

1. approved the leasing from Miss Marjorie Spencer of the property Sandakan, Quennevais Drive, St. Brelade from 14th November, 1985 to 26th September, 1986 at an annual rent of £4,077;
2. authorised the Greffier of the States to sign the necessary agreement with Miss Spencer;
3. authorised the Treasurer of the States to pay the rent as it became due.

55 Garden Lane, St. Helier : sale.

THE STATES commenced consideration of a Proposition of the Housing Committee regarding the sale of 55 Garden Lane, St. Helier . After discussion, and on the proposition of Senator Richard Joseph Shenton, the Proposition was lodged "au Greffe". The States decided to take this subject into consideration on 22nd April, 1986.

St. Ouen : homes for the elderly – additional financial assistance.

THE STATES, adopting a Proposition of the Finance and Economics Committee –

1. referred to their Act dated 5th November, 1985, and authorised the granting of an additional loan of £25,000 to the Parish of St. Ouen for the purpose of assisting with the building of homes for aged persons;
2. agreed that the loan should bear interest at 4 per cent per annum and should be repayable in equal annual instalments over a period of15 years.

Highlands College: reprofiling of rockfaces.

THE STATES, adopting a Proposition of the Education Committee –

1. agreed to the reprofiling of the rockfaces at Highlands College, the general outline of which is shown on Drawings Nos. 500/04, 500/05, 500/08, 500/09 and 500/10;
2. authorised the Education Committee to negotiate a contract for the work with Demex Limited;
3. authorised the Greffier of the States to sign the said Drawings and contract on behalf of the States.

Port of St. Helier : fish quay and roll-on/roll-off berths.

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

1. approved Drawing No. 357/1C showing the proposed fish quay and slipway at La Collette;

2. approved Drawings Nos. P1, P2, P3, P4 and P5 showing the new roll-on/roll-off berths at St. Helier Harbour;
3. authorised the Greffier of the States to sign the said Drawings on behalf of the States.

Petroleum-Spirit (Control) (Jersey) Regulations, 1986.

THE STATES, by virtue and in exercise of the powers conferred on them by the Order in Council of the fourteenth day of April, 1884, made  Regulations  entitled the Petroleum-Spirit (Control) (Jersey) Regulations, 1986.

Milk (Sale to Special Classes) (Jersey) Regulations, 1986.

THE STATES, by virtue and in exercise of the powers conferred on them by the Order in Council of the fourteenth day of April, 1884, made Regulations entitled the Milk (Sale to Special Classes) (Jersey) Regulations, 1986.

Family Allowances (Jersey) Regulations, 1986.

THE STATES, in pursuance of Article 7 of the Family Allowances (Jersey) Law, 1972, as amended, made Regulations entitled the Family Allowances (Jersey) Regulations, 1986.

European Communities (Wine) (Jersey) Regulations, 1986.

THE STATES, by virtue and in exercise of the powers conferred on them by the Order in Council of the fourteenth day of April, 1884, made Regulations entitled the European Communities (Wine) (Jersey) Regulations, 1986.

Règlement (1986) sur le marquage d'oeufs.

THE STATES, by virtue and in exercise of the powers conferred on them by the Order in Council of the fourteenth day of April, 1884, made Regulations entitled the Règlement (1986) sur le marquage d'oeufs.

Hire Cars (Jersey) Regulations, 1986.

THE STATES, in pursuance of Article 22A of the Hire Cars (Jersey) Law, 1964, as amended, made Regulations entitled the Hire Cars (Jersey) Regulations, 1986.

Control of Fuels (Jersey) Regulations, 1986.

THE STATES, by virtue and in exercise of the powers conferred upon them by the Order in Council of the fourteenth day of April, 1884, made Regulations entitled the Control of Fuels (Jersey) Regulations, 1986.

Control of Food (Jersey) Regulations, 1986.

THE STATES, by virtue and in exercise of the powers conferred on them by the Order in Council of the fourteenth day of April, 1884, made Regulations entitled the Control of Food (Jersey) Regulations, 1986.

THE STATES rose at 11.50 a.m.

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