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THE STATES assembled on Tuesday, 29th September, 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 Peter Geoffrey Kevitt Manton – ill.
Charles Alan Le Maistre, Connétable of Grouville – out of the Island.
Fred Philip Webber Clarke, Connétable of St. Helier – out of the Island.
Arthur Philip Querée, Connétable of St. Ouen – out of the Island.
Enid Clare Quenault, Connétable of St. Brelade – out of the Island.
Michael Adam Wavell, Deputy of St. Helier – ill.
____________
Prayers ____________
Subordinate legislation tabled.
The following enactment was laid before the States, namely –
Export of Agricultural Produce (Amendment No. 6) (Jersey) Order, 1987. R & O 7673.
Committee for Postal Administration – appointment of member.
THE STATES appointed Senator John William Ellis as a member of the Committee for Postal Administration.
315 £1.50
Department of Postal Administration: report for 1986.
The Committee for Postal Administration by Act dated 26th August, 1987, presented to the States a Report of the Department of Postal Administration for the year 1986.
THE STATES ordered that the said Report be printed and distributed.
Matters lodged.
The following subjects were lodged "au Greffe" –
- Draft Public Employees (Contributory Retirement Scheme) (Amendment No. 9) (Jersey) Regulations, 198 . P.154/87.
Presented by the Establishment Committee.
The States decided to take this subject into consideration on 13th October, 1987.
- Gas Works site. P.156/87.
Presented by the Housing Committee. Arrangement of Public Business for Autumn Session.
THE STATES decided to take the undermentioned subjects into consideration on –
29th September, 1987
Draft Education (Grants to Private Schools) (Amendment No. 3) (Jersey) Regulations, 198 . P.140/87.
Lodged: 18th August, 1987.
Education Committee.
Brighton Close, St. Helier (Phase II): approval of drawings. P.141/87.
Lodged: 25th August, 1987.
Housing Committee.
Hamptonne, St. Lawrence : grant to National Trust for Jersey. P.144/87.
Lodged: 25th August, 1987.
Finance and Economics Committee.
Draft Tourism (Amendment No. 4) (Jersey) Law, 198 . P.146/87.
Lodged: 25th August, 1987.
Tourism Committee.
Hansom Court, St. Helier : approval of drawings. P.149/87. Lodged: 15th September, 1987.
Housing Committee.
Bingham Court Phase III, St. Helier : approval of drawings. P.150/87.
Lodged: 15th September, 1987.
Housing Committee.
6th October, 1987
Draft Health and Safety at Work (Jersey) Law, 198 . P.113/87.
Lodged: 16th June, 1987.
Social Security Committee.
Field 213, Petite Route des Mielles, St. Brelade : purchase. P.148/87.
Lodged: 15th September, 1987.
Housing Committee.
Draft Amendment (No. 11) to the Standing Orders of the States of Jersey. P.152/87.
Lodged: 22nd September, 1987.
Legislation Committee.
13th October, 1987
Immigration Committee: appointment. P.32/87. Lodged: 10th February, 1987.
Senator R.J. Shenton.
States' Committees: co-opted members. P.58/87. Lodged: 17th March, 1987.
Senator R.J. Shenton.
Control of Public Entertainment: proposals of Committee of Inquiry. P.139/87.
Lodged: 11th August, 1987.
Committee of Inquiry into controls on public entertainment.
24th November, 1987
Public 18-hole Golf Course: La Moye Farm/Les Creux, St. Brelade – rescission of Act of the States. P.35/87.
Lodged: 17th February, 1987.
Senator R.J. Shenton.
(Finance and Economics Committee comments – P.135/87 refers).
8th December, 1987
Public 18-hole golf course, Les Landes, St. Ouen . P.139/84. Lodged: 25th September, 1984.
Deputy J. Le Gallais of St. Saviour .
No dates were fixed for the following –
Draft Fishing Vessels (Safety Provisions) (Jersey) Regulations, 198 . P.66/81.
Lodged: 9th June, 1981.
Harbours and Airport Committee.
Draft Fishing Vessels (Manning) (Jersey) Regulations, 198 . P.71/81.
Lodged: 16th June, 1981.
Harbours and Airport Committee.
Petition with regard to the Sentencing of Persons Convicted in the Police Court. P.80/82.
Lodged: 8th June, 1982.
Deputy R.W. Blampied of St. Helier .
(Report of the Legislation Committee – P.101/83 refers).
La Longue Caserne: gift to Jersey Heritage Trust. P.136/84. Lodged: 25th September, 1984.
Public Works Committee.
Public Works Committee – Jersey Heritage Trust: supplementary vote of credit. P.174/84.
Lodged: 11th December, 1984.
Finance and Economics Committee.
Draft Firearms (Jersey) Law, 198 . P.104/85. Lodged: 24th September, 1985.
Defence Committee.
Le Marais Estate, St. Clement : further development. P.142/85.
Lodged: 12th November, 1985.
Housing Committee.
Draft Consumer Protection (Jersey) Law, 198 . P.91/86. Lodged: 24th June, 1986.
Legislation Committee.
Draft Companies (Supplementary Provisions) (No. 2) (Jersey) Law, 198 . P.100/86.
Lodged: 8th July, 1986.
Finance and Economics Committee.
Royal Court Road: Parking. P.136/86. Lodged: 14th October, 1986.
Senator T.J. Le Main.
Admission of Advocates and Solicitors and legal costs: Committee of Inquiry. P.137/86.
Lodged: 14th October, 1986.
Senator R.J. Shenton.
Public Elections Law: amendments. P.143/86. Lodged: 28th October, 1986.
Deputy G.D. Thorne of St. Brelade .
Referendum: introduction of legislation. P.15/87. Lodged: 20th January, 1987.
Senator J.S. Rothwell.
Economic Development Committee: appointment. P.42/87. Lodged: 24th February, 1987, consideration deferred 5th May, 1987.
Deputy D.G. Filleul of St. Helier .
Fields 591, 592 and 593, La Rue de la Fosse au Bois, St. Ouen : purchase. P.45/87.
Lodged: 24th February, 1987.
Housing Committee.
Capital Projects: review and control. P.60/87. Lodged: 24th March, 1987.
Finance and Economics Committee.
North Telephone Exchange: transfer of administration. P.78/87.
Lodged: 12th May, 1987.
Housing Committee.
Victoria College/Jersey College for Girls: building development. P.79/87.
Lodged: 12th May, 1987.
Education Committee.
(Finance and Economics Committee comments refer – P.95/87).
Draft Sea-Fisheries (Miscellaneous Provisions) (Amendment No. 3) (Jersey) Regulations, 198 . P.142/87.
Lodged: 25th August, 1987.
Agriculture and Fisheries Committee.
Draft Shell-Fish (Underwater Fishing) (Amendment) (Jersey) Regulations, 198 . P.143/87.
Lodged: 25th August, 1987.
Agriculture and Fisheries Committee.
Draft Act with regard to the provision of a minimum income for elected Members of the States. P.151/87.
Lodged: 15th September, 1987.
Special Committee appointed to examine the scheme for the provision of a minimum income for States Members.
Price of goods: display. P.153/87. Lodged: 22nd September, 1987. Senator R.J. Shenton.
Awaiting Reports
Private Hire Cabs Fares: control. P.41/85.
Lodged: 7th May, 1985 and referred to the Defence Committee. Senator R.J. Shenton.
Housing Estates: resident caretakers. P.136/85.
Lodged: 5th November, 1985 and referred to the Housing Committee on 4th February, 1986.
Deputy N.S. Le Brocq of St. Helier .
Redundancy payments. P.154/86.
Lodged: 25th November, 1986 and referred to the Industrial Relations Committee.
Senator R.J. Shenton.
Petition of Mr. B.R. Cooper asking that the States reconsider a report of the Prison Board in the light of a Court of Appeal Judgment.
Presented and referred to the Prison Board: 24th March, 1987.
Dental Benefit and Services: introduction. P.115/87.
Lodged: 16th June, 1987 and referred to the Social Security Committee.
Deputy C. Stein of Grouville .
Refuge for battered wives. P.145/87.
Lodged: 25th August, 1987 and referred to the Elizabeth House Committee.
Deputy C. Stein of Grouville .
Matters lodged "au Greffe" withdrawn.
THE STATES noted that the Proposers had withdrawn the following subjects which had been lodged "au Greffe" –
Draft Sewerage (Miscellaneous Provisions) (Jersey) Law, 198 . P.70/85.
Lodged: 9th July, 1985.
Resources Recovery Board.
Management of Public Water Supply: Petition. P.148/85. Lodged: 19th November, 1985.
Senator R.J. Shenton.
(Report on Petition by the Public Works Committee – P.12/86 refers).
Heating Oil: retail prices. P.53/86. Lodged: 8th April, 1986.
Deputy C. Stein of Grouville .
Tourism: Paris Office – reduction in cost. P.167/86. Lodged: 9th December, 1986.
Deputy C. Stein of Grouville .
Havre des Pas: land reclamation. P.172/86. Lodged: 23rd December, 1986.
Senator R.J. Shenton.
Bus passes for senior citizens. P.69/87. Lodged: 7th April, 1987.
Senator R.J. Shenton.
Social Security: old age pensions. P.77/87. Lodged: 5th May, 1987.
Deputy C. Stein of Grouville .
Field 213, Petite Route des Mielles, St. Brelade : purchase. P.97/87.
Lodged: 2nd June, 1987.
Housing Committee.
Planning applications: notice of objections. P.125/87. Lodged: 30th June, 1987.
Deputy D.J. de la Haye of St. Ouen .
IN A COMMITTEE OF THE WHOLE HOUSE
Advisory Training Council: report on the development of training in Jersey. P.17/87.
Presented: 20th January, 1987.
Education Committee.
Highlands College – Lecturers. Statement.
The President of the Education Committee made a statement in the following terms –
"I made my brief statement to the House last week in the hope that negotiations between my Committee and the National Association of Teachers in Further and Higher Education would be concluded on Thursday, 24th September. Sadly not only must the negotiations continue but once again the lecturers have refused to withdraw the action which they describe as working to rule'.
In these circumstances I cannot make a definitive statement but I believe that it is right to give the members of this House some explanation for the present situation.
Firstly, in 1986, schoolteachers (not the Highlands College lecturers) received a significant increase in pay. This was justified by the adoption of new conditions of service for teachers and following an evaluation of teachers' jobs, using a system known as HAY which is used throughout the public sector. HAY measures job responsibilities and knowledge needed to perform a job making it possible to compare pay rates with other employee groups which have been evaluated by the same process.
Following the teachers' award, the F.E. lecturers sought to reinstate the differentials in their pay rates which had existed previously, and to combine the Lecturer 1 and Lecturer 2 grades into one scale. Any change in the differentials could only follow from a full review of salary structure and conditions of service, together with a HAY evaluation of lecturers' posts. Following protracted negotiations Further Education lecturers' pay was increased with effect from June 1986 by the 6.8 per cent norm. In addition, the two grades of Lecturer 1 and Lecturer 2 were combined into one grade. This resulted in a pay scale with a maximum of £14,620 for the basic grade lecturer, which includes activities from Craft Skills to Business Studies. This maximum has already been increased by 6.5 per cent as an interim settlement from 1st June, 1987, giving a new maximum of £15,570. At the top of the range, a Senior Head of Department is now on a pay scale with a maximum of £21,092.
After the interim settlement for June, 1986, discussions continued on the method of applying HAY and it was agreed that any money due as a result of the HAY evaluation and the subsequent external comparison, should be backdated to 1st June, 1986.
The HAY exercise took some time to complete, but delays were as a result of the nature of the exercise, not because of deliberate delay on either side. The HAY exercise was completed in August, 1987, and negotiations commenced.
The Committee's position must be viewed against the Establishment Committee policy notified to the States in 1985 –
Members of the Jersey public services should be paid at rates which are, as far as can be found out, at or near the median point of rates paid for that type of work by other employers in the Island, when due account is taken of differences in conditions.
One of the major difficulties is that the current conditions of service document for F.E. Lecturers is ambiguous and imprecise. For example, the annual hours of work for Further Education lecturers are defined as 1,140 in college plus an unspecified number of hours away from the college. By contrast the agreement with teachers identifies their annual total of hours as 1,680.
Notwithstanding this, the Education Committee has been willing to acknowledge that full and conscientious performance of the work of a lecturer at Highlands College demands as much time as is required by other full time posts in the public sector, but the lack of definition in the current conditions of service continues to present problems.
It is extremely disappointing that negotiations were interrupted by the Further Education lecturers' decision to work to rule'. Action which the Education Committee regrets because it adversely affects both good employer/employee relationships and has led to some disruption in students' work programmes.
While the meeting held last Thursday did not resolve the dispute, agreement was reached that a new salary structure should be introduced as part of the 1986 settlement, and that a thorough review of conditions of service should be undertaken in the immediate future. As both the Director of Education and the Chief Executive Officer, Personnel Department, have to be in London today, arrangements have been made for informal talks to continue this evening. It is to be hoped that those talks will lead to a resolution of this dispute."
Letters of objection to applications to develop land. Statement.
The President of the Island Development Committee made a statement in the following terms –
"A Proposition asking the States whether they are of the opinion to request the Island Development Committee to ensure that in cases where there is an appeal, applicants or their agents can have access to written objections received by the Committee in respect of their applications was lodged on 6th January, 1987. On 30th June, 1987 Deputy D.J. de la Haye withdrew the Proposition and brought a new Proposition to request the Island Development Committee to ensure that applicants or their agents can have access to written objections received by the Committee in respect of their applications.
The questions of availability of objector's letters to planning applications has been raised on several occasions and has been discussed at length by my Committee.
Whereas there was some concern that the making available of an objector's letter to the applicant might inhibit a person from drawing the attention of the Committee to a piece of information which could be material to that decision it has been decided, against a background of advice given by Her Majesty's Attorney General, that copies of objector's letters will be made available to applicants, on request, from 1st October, 1987.
The Committee has been scrupulous in taking note only of those planning matters which are relevant to the application and the likely effects of proposals on the amenities enjoyed by adjoining property occupiers and, where necessary, the wider surroundings. In all cases these matters have been addressed by the officers of the Planning Department and the points raised by objectors do no more than support observations leading to a recommendation to grant or to refuse permission.
Some letters refer to matters which an applicant may feel is likely to influence the Committee's judgment. It is right that he should be given an opportunity to reply before the Committee makes a decision. In practice, he will ask to see what objectors have written only when the Committee has refused an application or imposed conditions which he thinks are unreasonable. When considering a request for reconsideration the Committee will have before it copies of relevant objections and the applicant's reply to them.
From 1st October letters of objection marked confidential' will be returned to the sender."
Convention on Social Security with Portugal. Statement.
The President of the Social Security Committee made a statement in the following terms –
"The Social Security Committee has been advised that it has become necessary to amend the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Portugal in order to introduce revised family allowance provisions, to take account of changes made in United Kingdom Social Security legislation and to allow for other minor modifications. A draft Exchange of Notes has therefore been prepared for approval by both Governments.
The Committee has informed the Bailiff of its wish that the terms of the draft Exchange of Notes should apply to the Island. The amendments will come into force on 1st October, 1987."
Supplementary and Additional Votes of Credit.
THE STATES considered an Act of the Finance and Economics Committee dated 9th September, 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 –
S A
£ £
Finance and Economics Committee
Crown Officers Department
0311 Staff 14,000 0312 Premises 1,500 0313 Supplies and Services 16,300 0315 Establishment 2,500
Carried forward 34,300
£ £
Finance and Economics Committee cont'd.
Brought forward 34,300 Viscount's Department
0331 Staff 37,400
Probation Service
0352 Premises 48,000 0353 Supplies and Services 1,500 0355 Establishment 3,500
States' Greffe Printing Section
0401 Staff 6,500 0402 Premises 5,000 0403 Supplies and Services 5,000
Economic Adviser's Office
0421 Staff 3,500 Commercial Relations Department
0431 Staff 13,300
Welfare Service
0500B Administration Costs
(Parishes) 22,500 Christmas Bonus Payments
0501 Christmas Bonus
Payments 17,000
Non-departmental Expenditure
0601 Cost of Audit 5,000 0602 Commonwealth
Parliamentary Association 2,500 Carried forward 205,000
£ £
Finance and Economics Committee cont'd.
Brought forward 205,000
0603 Court and Case Costs,
Fees and Expenses 87,000
0605 Insurance 71,900
0640 Miscellaneous 5,000
0643 Data Protection 18,200 Purchase of Hamptonne 200,000
Total request £587,100 368,900 218,200
Defence Committee
Civil Emergency Office
1051 Staff 5,700 1053 Supplies and Services 2,200 1054 Transport 1,100
Immigration and Nationality
Department
1101 Staff 28,100 Motor Traffic Office
1121 Staff 19,900 School Crossing Patrol
1151 Staff 100
Police
1203 Supplies and Services 10,500 1204 Transport 4,100 1205 Establishment 14,600
Carried forward 86,300
£ £
Defence Committee cont'd.
Brought forward 86,300
1206 Dogs 100 1211 Canteen 2,200
Fire Service
1301 Staff 25,100 1302 Premises 1,600 1303 Supplies and Services 3,000 1304 Transport 1,500 1305 Establishment 1,600
Total request 121,400
Public Works Committee
Trading Standards Department –
Public Markets
2101 Staff 3,300 2102 Premises 57,000 2103 Supplies and Services 1,000
Trading Standards Department –
Consumer Advice and Protection
2205 Establishment 100
Trading Standards Department –
Weights and Measures
2301 Staff 800 2302 Premises 400 2303 Supplies and Services 100 2304 Transport 200 2305 Establishment 100
Total request 63,000
£ £
Public Health Committee
Health and Social Services
3263 Immunisation and Health
Education 15,000
Resources Recovery Board
Administration
4001 Staff 28,900 4005 Establishment 4,400
Drainage and Waste Disposal
4016 Waste Treatment and
Disposal 49,600 4017 Refuse Tips 3,300
Total request 86,200
Agriculture and Fisheries Committee
Subsidies and Grants
4138 Compensation – animal
and plant health 14,600
Tourism Committee
Administration
4604 Transport and Plant 1,100 4605 Establishment 2,000
Advertising, Publicity and Promotional
Expenses
4616 Advertising and Publicity 28,200 4617 Promotions and Exhibitions 2,400
33,700
£ £
Social Security Committee
Services related to Employment
4821B Grant to Oakfield
Industries Limited
(Sheltered Workshop) 15,000
Establishment Committee
States' Personnel Department:
Personnel and Organisation Divisions
5101 Staff 43,400 5102 Premises 700 5103 Supplies and Services 66,900 5104 Transport 600 5105 Establishment 34,900 5107 States' Development
and Training 18,900
States' Personnel Department:
Computer Services Division
5122 Premises 400 5123 Supplies and Services 43,000 5125 Establishment 300
Pension and Pension Fund
Contributions
5111 Pensions and Gratuities
payable under Civil Service (Administration) (Jersey)
Rules 1963 4,300 Carried forward 213,400
£ £
Establishment Committee cont'd.
Brought forward
5113 Pensions to Retired Public
Service Employees
5140 Manual Workers' Bonus
Buy-Out
Total request 4,122,200
213,400 40,800
3,868,000 254,200 2,868,000
Housing Committee
Administration
5401 Staff 9,600
States Houses
5411 Staff 1,700 5412 Maintenance of
dwellings 65,600 Total request 76,900
Prison Board
Administration
5501 Staff 40,500 5502 Premises 2,600 5503 Supplies and Services 4,800 5505 Establishment 1,600 5507 Staff Housing 700
Total request 50,200
£ £
Fort Regent Development Committee
General Overheads
5713 Supplies and Services 3,200 5715 Establishment 1,700 5716 Bands and Promotions 3,800
Swimming Pool and Gloucester Hall
5723 Supplies and Services 5,000
Administration
5733 Supplies and Services 2,000 5735 Establishment 4,600
Total request 19,300 Gambling Control Committee
5801 Staff 3,700 Overseas Aid Committee
6005 Administration 1,100 Telecommunications Board
4500 Operating Expenses 672,000 Committee for Postal Administration
6100 Operating Expenses 162,000
£ £
CAPITAL VOTES OF CREDIT Public Works Committee
C0366 La Collette Depôt
Redevelopment 221,000
Education Committee
C0599 Horticulture and
Agriculture Centre 64,500
Public Health Committee
C0628 General Hospital –
Redevelopment –
Completion Phases –
Design Consultants' Fees
and initial planning 30,000
C0644 General Hospital –
Phrase 2 – Preliminary
Design Fees 70,000 C0660 General Hospital
Redevelopment – Phase 2 490,000
C0682 General Hospital
Redevelopment – Phase 3 –
Accident Department 206,000 C0688 General Hospital
Redevelopment – Phase 3 –
Upgrade Theatres and
Existing Private Ward s 30,000
C0694 The Limes – Staff
Accommodation 20,000 Total request 846,000
£ £
Cottage Homes Committee
C2401 Victoria Cottage Homes –
Upgrading 26,900 Fort Regent Development Committee
C1222 Rotunda Development 112,700
The total requests for the September Supply Day amounted to £7,314,500.
Data Protection Registrar: appointment. P.155/87.
THE STATES commenced consideration of a Proposition of the Establishment Committee regarding the appointment of the Data Protection Registrar.
On the Proposition of Senator Richard Joseph Shenton the Proposition was lodged "au Greffe". The States decided to take it into consideration on 13th October, 1987.
Education (Grants to Private Schools) (Amendment No. 3) (Jersey) Regulations, 1987. P.140/87.
THE STATES, in pursuance of Article 19 of the Loi (1912) sur l'lnstruction Primaire, as amended, made Regulations entitled the Education (Grants to Private Schools) (Amendment No. 3) (Jersey) Regulations, 1987.
Brighton Close, St. Helier (Phase II): approval of drawings. P.141/87.
THE STATES, adopting a Proposition of the Housing Committee –
- approved Drawings Nos. 1470:06, 07, D:03, 04,05,06,07, E:03, 04,05,06,07, R:04, 06 showing the construction of20 one-bedroomed flats as Phase II of the Brighton Close development;
- approved a fixed price contract with Mark Amy Limited for the construction of the said flats, for use as States' rental accommodation, in the sum of £1,011,365 to include the construction of boiler and associated buildings and equipment to serve Phases I and II of this development, as well as the proposed Jane Sandeman Court', Vincent Court Phase II and Dorset Street/Colombus Street developments;
- approved the payment of £147,806 in professional fees for the development;
- authorised the Attorney General and/or the Greffier of the States to pass the necessary contracts in the matter;
- authorised the Greffier of the States to sign the said Drawings on behalf of the States.
Hamptonne, St. Lawrence : grant to National Trust for Jersey. P.144/87.
THE STATES, adopting a Proposition of the Finance and Economics Committee, approved, in principle, the making of a grant to the National Trust for Jersey up to a maximum of £200,000 to assist towards the purchase by the Trust of the property Hamptonne, St. Lawrence .
Tourism (Amendment No. 4) (Jersey) Law, 1987. P.146/87.
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Tourism (Amendment No. 4) (Jersey) Law, 1987.
Hansom Court, St. Helier : approval of drawings. P.149/87. THE STATES, adopting a Proposition of the Housing Committee –
- approved Drawings Nos. 31A, 26B,27B, 19C, 23C, 30C, 24D, 25D, 22E, and 21F in respect of the construction of 11 one-person units and 40 one- bedroom two-person units at Hansom Court, St. Helier ;
- authorised the Greffier of the States to sign the said Drawings on behalf of the States.
Bingham Court Phase III, St. Helier : approval of drawings. P.150/87.
THE STATES, adopting a Proposition of the Housing Committee –
- approved Drawings Nos. 1517/04, /05A, /07A, /08A, /10A, /11, /12A, /13A, /14, /15, /17, /19, /20 in respect of the construction of 24 one-bedroomed flats at Bingham Court Phase III, St. Helier ;
- authorised the Greffier of the States to sign the said Drawings on behalf of the States.
Island Plan: Volume 2 – Plan and policies. P.126/87. Debate deferred.
THE STATES agreed to defer further consideration of the Proposition of the Island Development Committee regarding the Island Plan: Volume 2 – Plan and policies until after consideration had been given to the Proposition of the Housing Committee regarding the Gas Works site (P.156/87 – lodged today).
THE STATES rose at 1.08 p.m.
E.J.M. POTTER, Greffier of the States.