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States Minutes 28th April 1987

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THE STATES assembled on Tuesday, 28th April, 1987 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 Stephen Rothwell – out of the Island.

Iris Medora Le Feuvre, Connétable of St. Lawrence – out of the Island.

Margaret Sylvia Rose Beadle, Deputy of St. Brelade – out of the Island.

____________

Prayers ____________

Tribute to the late Mr. A.B. Carter – former Member of the House.

The Bailiff paid tribute to the late Mr. Arthur Bertram Carter, a former Deputy of Grouville .

THE STATES observed one minute's silence as a mark of respect. Welcome to Connétable s of St. Brelade and Trinity .

The Bailiff , on behalf of the Members of the States, welcomed the newly elected Connétable of St. Brelade , Mrs. Enid Clare Quénault, former   Deputy  of   St. Brelade ,  and   Connétable  of   Trinity , Mr. Leonard Picot.

135   Price : 75p

Liberation Day Service in the Royal Square – 9th May, 1987.

The Bailiff informed the Assembly that a Service of Thanksgiving would be held in the Royal Square on Liberation Day, 9th May.

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

  1. Inquests (Fees) (Jersey) Rules, 1987. R & O 7620.
  2. Depositors and Investors (Prevention of Fraud) (Exemption from Registration) (Jersey) Order, 1987. R & O 7621.
  3. Health Insurance (Pharmaceutical Benefit) (Prescribed List) (Amendment No. 23) (Jersey) Order, 1987. R & O 7622.
  4. Road Traffic (Public Parking Places) (Amendment No. 3) (Jersey) Order, 1987. R & O 7623.
  5. Public Finances (General) (Amendment No. 14) (Jersey) Rules, 1987. R & O 7624.

Rue Fondon Trading Estate, St. Peter : sale of industrial sites (P.140/86): further report. P.73/87.

The Island Development Committee by Act dated 16th March, 1987, presented to the States a further report on the sale of industrial sites at the Rue Fondon Trading Estate, St. Peter .

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

Building costs: Working Party Report. R.C.6.

The Housing Committee by Act dated 6th March, 1987, presented to the States a Report of the Working Party on building costs.

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

Prison Board: Report for 1986. R.C.7.

The Prison Board by Act dated 30th March, 1987, presented to the States the Report of the Board for 1986.

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

Manpower Report 1986. R.C.8.

The Establishment Committee by Act dated 6th April, 1987, presented to the States a Report on Manpower for 1986.

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

Annual Report and Accounts of the States for 1986.

The Finance and Economics Committee by Act dated 30th March, 1987, and in pursuance of Article 21(3) of the Public Finances (Administration) (Jersey) Law, 1967, as amended, presented to the States the Annual Report and Accounts of the States for the financial year ended 31st December, 1986.

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

Overseas Aid Committee: record of projects 1968–1984.

The Overseas Aid Committee by Act dated 10th April, 1987, presented to the States a record of projects 1968–1984.

Matters noted – land transactions.

THE STATES noted an Act of the Finance and Economics Committee dated 13th April, 1987, 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 granting to Mr. Richard Charles George Brooks of a servitude to enable him to connect all mains services to his property, Clovercroft, Rue de Sergent, St. Saviour , for a consideration of £1,000 with the Committee being responsible for the payment of all legal fees; (The Committee rescinded paragraph (a) of Act No. 3 of 18th August, 1986, which had been notified to the States on 30th September, 1986.)
  2. as recommended by the Housing Committee, the sale to Dr. Michael Bryan Holmes of2,500 square feet of land at La Pierre des Trais Milles, Maufant, St. Saviour , shown on Drawing No. 1/S/31, for a consideration of £1,678, and to the granting to Dr. Holmes of a servitude required for the connexion to sewers in the Maufant Housing Estate, for a consideration of £2,000, with Dr. Holmes being responsible for the payment of all legal fees;
  3. as recommended by the Public Works Committee, the purchase from Mr. Leonard Francis Morgan of an area of land, measuring 533 square feet, forming part of "Montana", La Route de la Haule, St. Brelade , required to provide a section of footpath, for a consideration of £1,066, with the Committee assuming responsibility for accommodation works and each party being responsible for the payment of its own legal fees;
  1. as recommended by the Harbours and Airport Committee, the leasing to Les Viviers de Ste. Catherine Limited of the tunnel and land at Verclut Point, St. Catherine, for a period of three years, with effect from 1st April, 1987,at an annual rent of £1,550;
  2. as recommended by the Defence Committee, the leasing to the Jersey Pistol Club of 1.7 vergées of land situated in the south-west corner of Field 89, Crabbé, St. Mary (shown on Drawing No. 7/D/3/9) for a period of four years, commencing 25th December, 1986, at an annual rent of £100, with an option to renew for a further period of nine years, with a rent review every third year.

Matters lodged.

The following subjects were lodged "au Greffe" –

  1. St. Brelade : homes for the elderly – financial assistance. P.74/87.

Presented by the Finance and Economics Committee. The States decided to take this subject into consideration on 12th May, 1987.

  1. States' Trading Committees: policy review. P.75/87.

Presented by the Policy Advisory Committee.

The following subjects were lodged on 21st April, 1987

  1. Machinery of Government: independent review. P.70/87.

Presented by the Finance and Economics Committee. The States decided to take this subject into consideration on 5th May, 1987.

  1. Draft Agriculture (Loans) (Amendment No. 5) (Jersey) Regulations, 198 . P.71/87.

Presented by the Agriculture and Fisheries Committee. The States decided to take this subject into consideration on 12th May, 1987.

  1. Appointment of Special Committee to examine difficulties facing candidates for election to the States, etc. P.72/87.

Presented by Deputy Jean Amy Le Maistre of St. Helier . The States decided to take this subject into consideration on 5th May, 1987.

Appointment of Special Committee to consider the workload, etc. of States' Members. P.65/87. Withdrawn.

THE STATES noted that Deputy Jean Amy Le Maistre of St. Helier had withdrawn the Proposition regarding the Appointment of a Special Committee to consider the workload, etc. of States' Members (lodged on 24th March, 1987), having lodged a revised Proposition at the present Sitting (P.72/87).

Draft Highways (Road Humps) (Jersey) Regulations, 198 . P.33/87.

THE STATES acceded to the request of the Public Works Committee that the draft Highways (Road Humps) (Jersey) Regulations, 198 (lodged on 17th February, 1987) be considered on 12th May, 1987.

Draft Social Security (Jersey) Regulations, 198 . P.63/87. Withdrawn.

THE STATES acceded to the request of the Social Security Committee that the draft Social Security (Jersey) Regulations, 198 (lodged on 24th March, 1987) be withdrawn.

Supplementary and Additional Votes of Credit.

THE STATES considered an Act of the Finance and Economics Committee dated 13th April, 1987, presenting Acts of the undermentioned Committees and, acceding to the requests contained therein, granted to the said Committees Supplementary (S) and Additional (A) votes of credit out of the General Reserve as follows –

£ £

Finance and Economics Committee

Bailiff 's Chambers

0305  Establishment  1,700

Probation Service

0351  Staff  3,500 0352  Premises  6,400

Official Analyst's Department

0383  Supplies and Services  700 States' Greffe Printing Section

0403  Supplies and Services  5,800 Commercial Relations Department

0435  Establishment  5,000

Non-Departmental Expenditure

0614  States Members'

Income Supplement  20,000

0641  Defence Contribution   800,000 Total request £843,100  43,100  800,000

Defence Committee

Motor Traffic Office

1121  Staff  10,000 1123  Supplies and Services  100 1124  Transport  800

Fire Service

1301  Staff  8,000 1303  Supplies and Services  700 1304  Transport  1,100

Total request  20,700

£ £

Public Works Committee

Administration

2001  Staff  42,400 Coast Protection

2021  Staff  2,200

Highways and Public Land –

Maintenance and Minor Improvements

2051  Staff  5,500

Highways and Public Land –

Beaches and Toilets – Cleaning

2061  Staff  11,600 2063  Supplies and Services  20,500

Public Parks and Gardens

2091  Staff  6,700 2092  Premises  25,000

Total request  113,900

Education Committee

Special Education

2802  Non-Teaching Staff  26,600 2803  Premises  19,800 2805  Supplies and Services  2,700 2807  Transport  14,300 2808  Establishment  3,000

Cultural Sports and Allied Grants

3017A  Grant to Industry Year  6,000

3040  Grants to Private Schools 3060  Transport of Schoolchildren

Total request £207,000


130,600

4,000   201,000   6,000

£ £

Public Health Committee

General Hospital

3401  Staff  155,000 3403  Supplies and Services  30,000 3408  Capital Servicing  11,000

Pathological Laboratory

3411  Staff  20,000 3413  Supplies and Services  33,000

Maternity Hospital

3421  Staff  3,000 St. Saviour 's Hospital

3431  Staff  48,000 Overdale Hospital

3441  Staff  11,000

Day Care Centre and Day Hospital

3441A  Staff   17,000 Total request  328,000

Agriculture and Fisheries Committee

Slaughterhouse

4122  Premises  3,000 Subsidies and Grants

4138  Compensation – animal and

plant health  6,700 4140  Advertising market research

and financial assistance for

approved schemes to

encourage co-operation

among producers  48,000 4147  Subsidy to offset harbour

dues on imports   6,800 64,500

£ £

Tourism Committee

Administration

4601  Staff  19,700

Advertising, Publicity and

Promotional Expenses

4615  Jersey Conference Bureau   2,700 Total request  22,400

Fort Regent Development Committee

General Overheads

5712  Premises  45,000 5715  Establishment  7,800

Total request  52,800

Gambling Control Committee

5801  Staff  2,100 5805  Establishment  1,200

Total request  3,300

CAPITAL VOTES OF CREDIT

Defence Committee

C0132  Police Headquarters –

Improved Cell Block Security  5,000

C0138  Sea Water Pumping Station

and Mains – La Collette   574,000 Total request £579,000  5,000  574,000

Public Works Committee

C0365  Warwick Farm – New

Glasshouses  24,800

£ £

Resources Recovery Board

C0465  Purchase of Replacement

Compactor  53,700

Education Committee

C0503  Primary School

Improvements  20,500 C0547  Hautlieu School –

Library and Lifts  23,400 Total request  43,900

Public Health Committee

C0635  General Hospital –

Construction of Boiler House, Engineering Workshops,

Oil Store, etc. (Phase 1A)  20,000

Housing Committee

C1103  Building, Purchase and

Rehabilitation of Dwellings:

Les Cinq Chênes

Phase 1  130,000 Balmain Nurseries  41,000

Total request  171,000

Telecommunications Board

C0838  Jersey – United Kingdom

(via France) Microwave

Radio Link  565,000

The total requests granted for the April Supply Day amounted to £3,113,100.

Finance and Economics Committee: machinery of Government – consultancy fees. Deferred Supply.

THE STATES deferred consideration of the request of the Finance and Economics Committee for an additional vote of credit in the sum of £100,000 for consultancy fees (0642).

THE STATES decided to take this subject into consideration on 5th May, 1987.

Sous-Magistrat: appointment.

THE STATES, adopting a Proposition of the Establishment Committee, appointed Advocate Thomas Alan Dorey to the post of Sous-Magistrat, from a date to be arranged, at an annual salary of £30,000.

Albert Pier, Port of St. Helier : lease of accommodation.

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

  1. approved the lease to Commodore Shipping Services Limited of 1,236 square feet of office and store accommodation on the Albert Pier, Portof St. Helier , shown coloured pink on Drawing No. WGN/HA/1, at an annual rent of £4,846, for a period of three years with effect from 25th March, 1987, subject to an option by both sides to terminate the lease after two years;
  2. authorised the Greffier of the States to sign the necessary agreement with the company;
  3. authorised the Treasurer of the States to receive the payments as they become due.

Data Protection (Jersey) Law, 1987. P.43/87 and P.56/87.

THE STATES commenced consideration of the draft Data Protection (Jersey) Law, 198 (lodged on 24th February, 1987) and adopted the Preamble and Articles 1 to 28 inclusive.

Article 29 was adopted, the States having accepted an amendment of the Establishment Committee that the word "statutory" be deleted in paragraph (1) and that the word "enactment" be inserted after the words "or customary law".

Articles 30 to 42 inclusive were adopted. The First Schedule was adopted.

The Second Schedule was adopted, the States having accepted an amendment of the Establishment Committee that the following sub- paragraph be added at the end of paragraph 1 –

"(4) The Registrar shall, on appointment, take oath before the Royal Court in the form set out in the Fifth Schedule to this Law."

The Third Schedule was adopted.

The Fourth Schedule was adopted, the States having accepted an amendment of the Establishment Committee that paragraph 10 be deleted, and paragraphs 11 and 12 be re-numbered as 10 and 11.

The States accepted an amendment of the Establishment Committee that after the Fourth Schedule there should be added the following Schedule –

"FIFTH SCHEDULE. Oath of office.

You swear and promise before God that you will well and faithfully discharge the duties of Registrar in accordance with the laws relating to data protection; and that you will not disclose any information which may come to your knowledge in the performance of your duties except to such persons only as shall act in execution of the said laws and where it shall be necessary to disclose the same to them for the purposes of the said laws, or in so far as you may be required to disclose the same for the purposes or in the course of a prosecution for an offence against the said laws, or in such cases as you are expressly authorized by the said laws to disclose the same."

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Data Protection (Jersey) Law, 1987.

Vote of censure on Senator R.J. Shenton. P.66/87.

THE STATES commenced consideration of a Proposition of Senator Ralph Vibert that they should censure the conduct of Senator R.J. Shenton in making a statement published in the Jersey Evening Post on 25th March, 1987, in which he alleged, without substantiation, that Senator John Le Marquand, as President of the Public Health Committee, had behaved dishonourably.

After debate during which Senator Shenton withdrew the allegation, the States granted leave to Senator Vibert to withdraw the Proposition.

Microwave link with the United Kingdom. P.67/87.

THE STATES, adopting a Proposition of the Telecommunications Board, approved in principle the provision of a Jersey–United Kingdom (via France) microwave radio link.

Adjournment.

THE STATES then adjourned.

THE STATES rose at 5.50 p.m.

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