States Minutes 13th October 1987

THE STATES assembled on Tuesday, 13th October, 1987 at 10.15 a.m. under the Presidency of the Bailiff ,

Sir Peter Crill, C.B.E. ____________

All members were present with the exception of –

Senator Ralph Vibert – out of the Island.

Senator John Le Marquand – out of the Island. Sir Martin Le Quesne, Deputy of St. Saviour – ill.

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

Graham Douglas Thorne , Deputy of St. Brelade – out of the Island.

Carlyle John Le Hérissier Hinault, Deputy of St. John – ill.

____________

Prayers ____________

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Gas Works site (P.156/87): amendment. P.161/87. Presented by the Housing Committee.
2. Island  Plan –  Volume  2: Plan  and  Policies (P.126/87): amendment. P.162/87.

Presented by the Island Development Committee.

3. Island  Plan –  Volume 2: Plan  and  Policies: amendments to amendment. P.163/87.

Presented  by   Deputy  Dereck  André  Carter  of St. Helier .

351   Price : 50p

Island Plan – Volume 2: Plan and Policies. P.126/87.

THE STATES acceded to the request of the President of the Island Development Committee that consideration of the Proposition relating to the Island Plan – Volume 2: Plan and Policies (lodged on 16th June, 1987 and partially debated on 22nd and 23rd September, 1987) be continued on 3rd and 4th November, 1987.

Public 18-hole Golf Course: La Moye Farm/Les Creux, St. Brelade – rescission of Act of the States. P.35/87.

THE STATES acceded to the request of Senator Richard Joseph Shenton that consideration of the Proposition relating to a Public 18-hole Golf Course: La Moye Farm/Les Creux, St. Brelade – rescission of Act of the States (lodged on 17th February, 1987) be deferred from 24th November, 1987.

Driving Instructors and their pupils. Questions and answers.

Deputy David John de la Haye of St. Ouen asked Senator Richard Joseph Shenton, President of the Defence Committee, the following questions –

"1. How many driving instructors are there in Jersey?

2. Is the President able to say how many pupils are driving cars under instruction each day, in and around St. Helier ?
3. How many vehicles are in use for driving instruction in respect of heavy goods vehicle learner drivers in and around St. Helier , and are the periods of time for which they can circulate during busy peak times of the day restricted?

4. Can the President confirm whether it is generally during the summer season that the greatest number of learner drivers and eventual pupils for driving tests conducted by the Motor Traffic Department, are circulating on the roads in the vicinity of the town?"

The President of the Defence Committee replied as follows –

"1. There are currently 59 driving instructors registered

with the Defence Committee under Article 3B of the Road Traffic (Jersey) Law, 1956. Of these 59 registered persons only 40 are active.

2. Assuming each lesson is for one hour duration and each instructor works an eight hour day = 40 x 8 = 320 pupils. (Some of the time is taken up with reversing at the South Hill practice and test area).
3. There are currently four professional instructors giving heavy goods tuition. There are no restrictions as to where or when learner drivers using any type or class of vehicle are permitted to circulate. All Heavy Goods Vehicle tests are conducted on the outskirts of St. Helier , the bus and coach tests (Public Service Vehicle) are carried out in the country on normal bus and coach routes.

1986 figures show that –

266 H.G.V. and 60 P.S.V. tests were conducted.

It must be assumed that the majority of instruction is given on the established test routes.

4. In 1986 the Motor Traffic Office carried out 4,161 domestic driving tests (not including P.S.V.s). During the period May to October 2,368 tests were conducted compared to 1,793 for the remaining months. These figures reflect a greater number of learner drivers circulating within the town area during the summer months."

STATES MINUTES

Highlands College Lecturers. Statement.

13th October, 1987

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

"Last week Deputy G.D. Thorne of St. Brelade asked several questions about lecturers at Highlands College, one of which alleged that some lecturers were using resources provided from public funds to support their private business activities. In my reply to that question I asked Deputy Thorne to provide me with any evidence which he had to support that allegation.

During the past week I repeated my request several times, and on Thursday I wrote to Deputy Thorne formally asking him to provide me with the evidence before he left the Island on Friday.

In reply to my letter Deputy Thorne has still not produced any evidence that can be investigated but has declared his intention of making a statement to the House following his return to the Island."

Housing Committee: Royal Court judgment. Statement.

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

"Members will have been informed through the media last weekend that, on 9th October, the Royal Court gave judgment and costs against the Housing Committee in its absence.

I will not go into the details of the particular case here, but I should like to make two points to the House –

1. there is to be found in the Housing Department no trace of a Summons actioning the Committee to appear in Court on 9th October. No officer of the Department has any knowledge of the Summons, and nor was any officer called upon to sign to acknowledge the receipt of the Summons. On behalf of the Committee, I assure this House and the public that if ever such a Summons is received by the Housing Committee, it will immediately be referred to the Crown Officers, who would represent the Committee in the Royal Court;
2. it had been alleged that the Company's Advocate wrote to the Housing Department on this matter four times, without reply. Concerned to get to the bottom of this matter, I have myself read the file and located the four letters concerned. I can assure the House that this allegation is incorrect.

Finally, I can also advise the House that the Crown Officers have agreed to apply to the Royal Court, on behalf of my Committee, to ask for the judgment to be set aside."

States' Committees: co-opted embers. P.58/87.

THE STATES rejected a Proposition of Senator Richard Joseph Shenton that the Legislation Committee should be requested to prepare the necessary legislation to allow Committees of the States to co-opt on to a Committee one non-Member of the States.

Members present voted as follows –

"Pour" (9) Senators

Shenton, Baal.

Connétable s

Grouville , St. Clement .

Deputies

Le Gallais(S), Farley(H), Beadle(B), St. Peter , Baudains(C).

"Contre" (36)

Senators

Jeune , Binnington, Horsfall, Ellis, Rothwell, Le Main, Manton, Brooke.

Connétable s

St. Martin , St. Peter , St. Helier , St. Lawrence , St. Mary , St. Ouen , St. Saviour , St. Brelade , Trinity .

Deputies

Mourant(H), St. Ouen , Morel (S), Le Maistre(H), Roche(S), Le Brocq(H), Trinity , Filleul(H), Vandervliet(L), Le Fondré(L), Grouville , St. Mary , Wavell(H), Blampied(H), Billot(S), Norman(C), Carter(H), Mahoney(H), St. Martin .

Control of public entertainment: proposals of Committee of Inquiry. P.139/87.

THE STATES, adopting a Proposition of the Committee of Inquiry into controls on public entertainment, agreed that –

1. the Bailiff 's permission should continue to be required for the presentation of any form of public entertainment;
2. sanctions should be available for breaches of permit conditions or lack of permission;
3. a Panel should be appointed by the States, the nomination of a Chairman and members being submitted to the States by the Education Committee;

4. the role of the Panel should be to establish initial guidelines, in consultation with the Bailiff , to assist the Bailiff in monitoring the standards of entertainment being presented and, as necessary, to make recommendations to the Bailiff concerning any aspect of entertainment;
5. the Panel should advise the Bailiff and update the standard conditions attached to permits and suggest any specific conditions for particular events;
6. the Education Committee should be charged to take the necessary steps, including the introduction of any legislation, to implement the foregoing proposals.

Public Employees (Contributory Retirement Scheme) (Amendment No. 9) (Jersey) Regulations, 1987. P.154/87.

THE STATES, in pursuance of Article 2 of the Public Employees (Retirement) (Jersey) Law, 1967, as amended, made Regulations entitled the Public Employees (Contributory Retirement Scheme) (Amendment No. 9) (Jersey) Regulations, 1987.

Data Protection Registrar: appointment. P. 155/87.

THE STATES adopted a Proposition of the Establishment Committee and, in accordance with the provisions of the Data Protection (Jersey) Law, 1987, appointed Mr. George Raymond Sidaway as Data Protection Registrar for a period of three years, on a full-time basis until 31st December, 1987 and thereafter on a part-time basis, at a salary equivalent to that of the maximum of Grade 15 of the Civil Service.

Connétable of St. Martin , Mr. W.C. De Gruchy – retirement.

The Bailiff , on behalf of the States, thanked Mr. Winter Chevalier De Gruchy, on his forthcoming retirement as Connétable of St. Martin , for his services to the Island over the past six years and conveyed to him the best wishes of the Assembly.

THE STATES rose at 4.05 p.m.

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