States Minutes 3rd March 1987

THE STATES assembled on Tuesday, 3rd March, 1987 at 10.15 a.m. under the Presidency of the Bailiff ,

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

His Excellency The Lieutenant Governor, Admiral Sir William Pillar, G.B.E., K.C.B., was present.

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All members were present with the exception of –

Senator Ralph Vibert – out of the Island.

Senator Reginald Robert Jeune – out of the Island. Senator Pierre François Horsfall – out of the Island. John Philip Farley, Deputy of St. Helier – ill.

Henri Leon Dubras, Deputy of St. Martin – out of the Island.

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Prayers ____________

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

1. Customs  and  Excise  Duties  (Personal  Reliefs) (Passengers)  (Amendment  No. 3)  (Jersey)  Order, 1987. R & O 7598.
2. Depositors  and  Investors  (Prevention  of  Fraud) (List of Registered Persons) (Jersey) Order 1987. R & O 7599.

79   Price : 75p

3. Wine and Made-Wine (Revenue Duty) (Amendment No. 3) (Jersey) Order, 1987. R & O 7600.

Agricultural Loans: Report for 1986. R.C.2

The Agriculture and Fisheries Committee by Act dated 12th February, 1987, presented to the States a Report on the Agricultural Loans and Guarantees Fund for the year ending 31st December, 1986 and commenting on the operation in 1986 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.

Dwelling Houses Loan Fund: Statement for 1986. R.C.3.

The Housing Committee by Act dated 20th February, 1987, presented to the States a statement showing the financial position of the Dwelling Houses Loan Fund as at 31st December, 1986.

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

Sea Transport Links: Committee of Inquiry (P.5/87): report of Transport Advisory Council. P.46/87.

The Harbours and Airport Committee by Act dated 12th February, 1987, presented to the States a report prepared by the Transport Advisory Council concerning sea transport links between Jersey, the United Kingdom, France and Guernsey in relation to a Proposition lodged "au Greffe" on 6th January, 1987 (P.5/87).

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

Broadcasting Committee: report for 1986. R.C.4.

The Broadcasting Committee by Act dated 24th February, 1987, presented to the States a report for the year 1986.

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

The Jersey Electricity Company Limited: Directors' Report and Statement of Accounts for 1986.

The Finance and Economics Committee by Act dated 2nd February, 1987, presented to the States The Jersey Electricity Company Limited Directors' Report and Statement of Accounts for the period 30th September, 1985 to 28th September, 1986.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Projet de Loi (198 ) concernant la police honorifique de Grouville . P.47/87.

Presented by the Connétable de Grouville .

2. Projet de Loi (198 ) concernant la police honorifique de Saint Brelade. P.48/87.

Presented by the Connétable de S. Brelade.

3. Projet de Loi (198 ) concernant la police honorifique de Saint Clément. P.49/87.

Presented by the Connétable de S. Clément.

4. Projet de Loi (198 ) concernant la police honorifique de Saint Helier. P.50/87.

Presented by the Connétable de S. Helier.

5. Projet de Loi (198 ) concernant la police honorifique de Saint Jean. P.51/87.

Presented by the Connétable de S. Jean.

6. Projet de Loi (198 ) concernant la police honorifique de Sainte Marie. P.52/87.

Presented by the Connétable de Ste. Marie.

7. Mammography Unit. P.54/87.

Presented by Senator Richard Joseph Shenton.

THE STATES decided to take the abovementioned subjects into consideration on 24th March, 1987.

8. States' Contracts. P.53/87.

Presented by Senator Richard Joseph Shenton. The States decided to take this subject into consideration on 17th March, 1987.

Arrangement of Public Business.

THE STATES accede to the request of the Vice-President of the Finance and Economics Committee and the President of the Harbours and Airport Committee that the following Propositions be taken into consideration on 24th March, 1987 –

Draft Judicial Fees (Amendment No. 6) (Jersey) Regulations, 198 . P.23/87.

Lodged: 27th January, 1987.

Finance and Economics Committee.

Draft Trade Marks (Amendment No. 3) (Jersey) Law, 198 . P.31/87.

Lodged: 10th February, 1987.

Finance and Economics Committee.

Draft Pilotage (General Provisions) (Amendment No. 10) (Jersey) Regulations, 198 . P.41/87.

Lodged: 24th February, 1987.

Harbours and Airport Committee.

Economic Development Committee: appointment. P.42/87.

THE STATES acceded to the request of Deputy Donald George Filleul of St. Helier that the Proposition relating to the appointment of an Economic Development Committee (lodged on 24th February, 1987) be referred to the Finance and Economics, Housing, Establishment and État Civil Committees, and taken into consideration on 5th May, 1987.

La Melonnerie, St. Brelade . P.29/87 and P.30/87.

THE STATES acceded to the request of the Presidents concerned that consideration of the following Propositions be deferred from the present Sitting to a later date –

1. La Melonnerie, St. Brelade : rezoning for housing. P.29/87.

Lodged: 10th February, 1987.

Island Development Committee.

2. La Melonnerie, St. Brelade : purchase. P.30/87. Lodged: 10th February, 1987.

Housing Committee.

Housing Regulations: application of Regulation 1(1)(g). P.12/87.

THE STATES acceded to the request of Senator Richard Joseph Shenton that consideration of the Proposition relating to the application of Regulation 1(1)(g) of the Housing Regulations (lodged on 13th January, 1987) be deferred from the present Sitting to a later date.

Gas Works Site, St. Helier . Questions and answers.

Deputy Corrie Stein of Grouville asked the Connétable of St. John , President of the Island Development Committee, the following questions –

"1. If there was a report made by scientists from Harwell

on the Gas Works site in 1981 why were the findings contained in the report not included in the Island Plan?

2. Is the site contaminated?
3. If so, is there any evidence that the site and the surrounding area are, therefore, not suitable for the construction of flats?
4. Would it be possible to construct flats on stilts with car parking below for occupants of the flats so as to avoid any danger from possible contamination?"

The President of the Island Development Committee replied as follows –

"1. The Island Plan recommends that the vacated Gas

Works site be used for a public multi-storey car park with light industrial workshops on the ground floor. This use would not, according to the Harwell report, be affected by the minor amounts of contaminant found on site. The findings of the report are not relevant to the recommendations.

2. To a small degree. The assessment of the site was carried out by the Environmental Safety Group of Harwell Laboratory in January 1981. Pits were dug at twelve locations and solid samples taken at one to three levels within each pit. Liquids from two pits were also analysed. Some solid samples showed high levels of sulphate so sulphate resistant cement would have to be specified for the foundations or piles of proposed buildings to be constructed. Contamination by tar was found to be confined to the ground adjacent to the tar well (since drained and filled) but, even so, levels of contamination were not high. I would be happy to give States' Members the opportunity to look at the Harwell report for themselves, as I believe the classification imposed by the United Kingdom Atomic Energy Authority allows the Committee to do so.

3. No. The authors of the report recommend that if houses were built instead of a car park then a more comprehensive survey of contaminants would be required. It would be necessary to bring in topsoil for the small ornamental gardens planned for the site.
4. Yes, providing a more comprehensive survey of contaminants as I said in my previous answer."

Immigration legislation. Statement.

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

"The House may wish to note that Her Majesty's Government is considering the introduction of retrospective legislation which will impose financial penalties on carriers that bring passengers into the country who are subject to control under the Immigration Act 1971 and who are not in possession of the necessary valid passports, visas, or other travel documents.

In line with the steps taken yesterday by the Home Office Immigration Service, the States' Immigration Department has informed local carrying companies that this legislation is being contemplated so that they may alert their staffs and agents to their responsibilities in the matter."

Business Equipment Showroom, Telephone House.

THE STATES, adopting a Proposition of the Telecommunications Board, approved Drawings Nos. 341-09 and 341-10 for the alterations and re-instatement of the ground floor, Telephone House, in order to provide a Business Equipment Showroom.

Sea Transport Links: Committee of Inquiry. P.5/87.

THE STATES rejected a Proposition of Deputy Corrie Stein of Grouville requesting –

1. that a Committee of Inquiry should be appointed under Article 30of the States of Jersey Law, 1966, to inquire into the adequacy and the preservation of the sea transport links between Jersey, the United Kingdom, France and Guernsey, both as regards passengers and freight, and the question whether such transport should be provided by private enterprise, by the States or by a combination of the two, and to report to the States with recommendations thereon within six months of the appointment of the Committee;
2. that the Committee to be appointed under paragraph (a) should be designated as a Committee of Inquiry for the purposes of Articles 41 to 46 inclusive and Article 49of the said Law.

Members present voted as follows –

"Pour" (1) Deputy

Grouville .

"Contre" (44)

Senators

Le Marquand, Shenton, Binnington, Ellis, Baal, Rothwell, Le Main, Manton, Brooke.

Connétable s

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

Deputies

Mourant(H), St. Ouen , Morel (S), Quénault(B), Le Gallais(S), Roche(S), Le Brocq(H), Trinity , Filleul(H), Vandervliet(L), Le Fondré(L), St. Mary , Beadle(B), Thorne (B), Wavell(H), Blampied(H), Billot(S), Norman(C), St. John , St. Peter , Carter(H), Mahoney(H), Baudains(C).

Broadcasting of States' Meetings. P.28/87.

THE STATES, adopting a Proposition of the Broadcasting Committee –

1. agreed that B.B.C. Radio Jersey and Channel Television should be allowed to broadcast in sound only live transmissions of all States' debates in their entirety;
2. agreed that B.B.C. Radio Jersey and Channel Television should be allowed to use extracts from the live broadcasting of States' Sittings in the context of both news and current affairs programmes.

Hire Cars (Jersey) Regulations, 1987. P.34/87.

THE STATES, in pursuance of Article 22A of the Hire Cars (Jersey) Law, 1964, as amended, made Regulations entitled the Hire Cars (Jersey) Regulations, 1987.

Sewage Treatment Works, Bellozanne: extension. P.39/87.

THE STATES, adopting a Proposition of the Resources Recovery Board –

1. agreed that if it should prove impossible for the Board to agree a fair and proper consideration with Mr. John Pirouet of Vaucluse, Mont Cochon, St. Helier for the acquisition of a temporary wayleave over two areas of land in his ownership shown hatched in green and identified as area 1A on Drawing G1077A and measuring 1,543 square feet and as area 2A on Drawing G1078A and measuring 121 square feet and

a contract servitude, in perpetuity, to recognise the permanent installation and, if required, replacement of rock anchor bolts within the area 1A, the Island Development Committee should be empowered in exercise of Article 4 of the Island Planning (Jersey) Law, 1964 to acquire the land by compulsory purchase on behalf of the public, in accordance with the provisions of the Compulsory Purchase of Land (Procedure) (Jersey) Law, 1961, as amended;

2. authorised the payment or discharge of the expenses to be incurred in connexion with the acquisition of the land and of all interest therein, including the commutation of any seignorial rights and the payment of legal expenses out of the vote of credit granted to the Island Development Committee under the heading "Acquisition Major Reserve" (Vote No. C0904);
3. authorised the Island Development Committee to transfer the administration of the land to the Resources Recovery Board;
4. authorised the Attorney General and the Greffier of the States to pass on behalf of the public any contracts which it is found necessary to pass in connexion with the acquisition of the said land and any interests therein.

Deputy Edgar John Becquet of Trinity , having declared an interest in the matter, withdrew from the Chamber prior to the debate.

Island Plan – Volume 2: plan and policies (continuation of discussion). P.105/87. Committee of the Whole House.

THE STATES, on the proposition of the President of the Island Development Committee, resolved into a Committee of the Whole House in order to continue the discussion of the Island Plan – Volume 2: plan and policies.

The Committee rose at 6.50 p.m.

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