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States Minutes 6th October 1987

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THE STATES assembled on Tuesday, 6th 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. Senator John William Ellis – absent.

Senator Terence John Le Main – absent.

Sir Martin Le Quesne, K.C.M.G., Deputy of St. Saviour – out of the Island.

Michael Adam Wavell, Deputy of St. Helier – ill.

Leonard Norman, Deputy of St. Clement – out of the Island.

____________

Prayers ____________

Senator P.G.K. Manton – welcome.

The Bailiff , on behalf of Members of the States, welcomed Senator Peter Geoffrey Kevitt Manton on his return to the States after his recent operation.

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

  1. Road Traffic (Saint Lawrence) (Amendment No. 5) (Jersey) Order, 1987. R & O 7675.
  2. Road  Traffic  (Saint  Clement)  (Jersey)  Order, 1987. R & O 7676.

339   Price : 75p

  1. Road Racing (Motor Vehicle Rally) (Jersey) Order, 1987. R & O 7677.

Public Works Committee – resignation.

THE STATES noted the resignation of Senator Terence John Le Main from the Public Works Committee.

Matters noted – land transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 28th September, 1987, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

(a)  as recommended by the Harbours and Airport Committee, the leasing to Mr. Richard Peter Bonny of Highlands, St. Lawrence , the undermentioned land for a period of three years, with effect from 25th December, 1987, namely –

  1. Land Letting Nos: L1, L2, L3, L4, L5, L6, L9, L10 and L58, measuring in total 26 vergées 20 perches, situated at the north west boundary of the airfield, at an annual rent of £530;
  2. Land Letting Nos: L12, L16, L17, L18 and L19, measuring in total eight vergées 10 perches, situated at the northern boundary of the airfield, at an annual rent of £330;
  1. as recommended by the Harbours and Airport Committee, the leasing to the Jersey Rugby Club of part of Field 796 (designated Land Letting L28), measuring three vergées, five perches, situated alongside L'Avenue de la Reine Elizabeth II, St. Peter , for a period of three years with effect from 25th December, 1987, at an annual rent of £125;
  1. as recommended by the Harbours and Airport Committee, the leasing to Mr. Graham Godfray of St. Peter 's Post Office, La Grande Route de St. Pierre, St. Peter , of Field 204C, St. Peter (designated Letting L13) measuring one vergée, and situated near Windsor Farm on the northern boundary of the airfield, for a period of three years with effect from 25th December, 1987, at an annual rent of £40;
  2. as recommended by the Harbours and Airport Committee, the leasing from Mr. Michael Barette Le Couteur of Eversley, St. Martin , of a small plot of land in Field 87, St. Martin , (designated L77) for the JEY' Non-directional Beacon, for a period of nine years, with effect from 1st January, 1986, at an annual rent of £250, to be increased each year in line with the Jersey Cost of Living Index;
  3. as recommended by the Harbours and Airport Committee, the leasing from Mr. Osmund Walter Simon and Mr. James Osmund Simon of Val de la Mare Farm, St. Peter , an area of land measuring 200 feet x 50 feet alongside the Five Mile Road, St. Peter , (designated L78) for the site of the JW' Non-directional Beacon, for a period of five years with effect from 1st June, 1987, at an annual rent of £200, to be increased each year in line with the Jersey Cost of Living Index;
  4. as recommended by the Public Works Committee, the purchase from Mrs. Ada Buesnel, née Poignard, and Mrs. Beryl May Serre, née Poignard, of1,483 square feet of land forming part of Field 752, La Grande Route de St. Laurent, St. Lawrence , required for the provision of a bus lay-by, for a consideration of £1,483, subject to the Committee's being responsible for the cost of the accommodation works and the payment of legal fees;
  1. as recommended by the Public Works Committee, the purchase from Mrs. Margaret Rosaline Allez, née Spencer, and Mrs. Suzanne Chinn, née Allez, of508 square feet of land along the frontage of Field 755, La Route des Gênets, St. Brelade , required for the construction of a footpath from Mont Nicolle School to Woodbines Corner, for a consideration of £508, subject to the Committee's reinstating the physical northern boundary of the field and being responsible for the payment of legal fees;
  2. as recommended by the Public Works Committee, the sale to The Jersey Electricity Company Limited ofan area of land measuring 20.25 square metres, situated on land to the rear of the South Hill Gymnasium, Mount Bingham, St. Helier , and required for an electricity kiosk-type sub-station, for a nominal consideration of £10, with each side being responsible for the payment of its own legal fees;
  3. as recommended by the Public Works Committee, the annulment of the 21-year lease to The Jersey Electricity Company Limited of an area of land opposite Midbay Stores, St. Brelade 's Bay, as the site for an electricity sub-station, at an annual rent of £1 a year, which had been approved by the States on 30th September, 1969, and to the lease to the company of330 square feet of land situated opposite Midbay Stores, St. Brelade 's Bay, as the site for an electricity sub-station, for a period of99 years with effect from 1st August, 1987, at an annual rent of £1 with all payments commuted forward to the inception of the new agreement, and with each side being responsible for the payment of its own legal fees;
  4. as recommended by the Housing Committee, the sale to The Jersey Electricity Company Limited of the site of sub-station 48 at Le Jardin des Carreaux, Queen's Road, St. Helier , together with an area of land contained between Le Jardin des Carreaux, Queen's Road and Le Hurel, for a nominal consideration of £10, and the granting free of charge to the company of servitudes for subterranean high tension cables, with each side being responsible for its own legal fees;
  1. as recommended by the Housing Committee, the granting to The Jersey Electricity Company Limited of a 99-year lease of the site of sub-station 383, Convent Court, Val Plaisant, St. Helier , at an annual rent of £1 with all payments commuted forward to the inception of the new agreement, and the granting to the company free of charge of servitudes required for high tension cables, with each side being responsible for the payment of its own legal fees;
  2. as recommended by the Housing Committee, the sale to The Jersey Electricity Company Limited of sub- stations 355 and 363, Clos du Roncier, St. Clement , for a nominal consideration of £10, and to the granting to the company of servitudes required for high tension cables, with each side being responsible for the payment of its own legal fees;
  3. as recommended by the Housing Committee, the granting to The Jersey Electricity Company Limited of a 99-year lease of sub-station 281, Clos du Fort, Pier Road, St. Helier , at an annual rent of £1 with all payments commuted forward to the inception of the agreement, and to the granting to the company free of charge of servitudes required for high tension cables, with each side being responsible for the payment of its own legal fees;
  4. as recommended by the Housing Committee, the sale to The Jersey Electricity Company Limited of the site of the sub-station at Red Houses, St. Brelade , for a nominal consideration of £10, and to the granting to the company free of charge of servitudes required for high tension cables, with each side being responsible for the payment of its own legal fees.

Matters lodged.

The following subjects were lodged "au Greffe" –

  1. Draft Boats and Surf-Riding (Control) (Amendment No. 6) (Jersey) Regulations, 198 . P.157/87.

Presented by Harbours and Airport Committee.

  1. Draft Pilotage (Jersey) Law, 198 . P.158/87. Presented by the Harbours and Airport Committee.
  2. Draft Public Holidays and Bank Holidays (Jersey) Act, 198 . P.159/87.

Presented by the Legislation Committee.

The States decided to take the above-mentioned subjects into consideration on 27th October, 1987.

  1. Dairy Industry: financial assistance. P.160/87. Presented by the Agriculture and Fisheries Committee.

Gas Works Site. P.156/87.

THE STATES rejected the request of the President of the Housing Committee that the Proposition regarding the purchase and redevelopment of the Gas Works Site (lodged on 29th September, 1987) be considered on 13th October, 1987.

Immigration Committee: appointment. P.32/87.

THE STATES acceded to the request of Senator Richard Joseph Shenton that consideration of the Proposition relating to the appointment of an Immigration Committee (lodged on 10th February, 1987) be deferred from 13th October, 1987 to a later date.

STATES MINUTES

Japanese weed. Questions and answers.


6th October, 1987

Senator Peter Geoffrey Kevitt Manton asked Senator Bernard Thomas Binnington, President of the Harbours and Airport Committee, the following questions –

"1. Has the Committee taken note of the vast increase of

Japanese weed this year in the Island waters, and in the areas of Les Minquiers and Les Ecréhous in particular?

2.  Will the President inform the House as to whether there is a known way of eliminating this scourge, and, if so, what action he intends taking?"

The President of the Harbours and Airport Committee replied as follows –

"1. The Harbours and Airport Committee is aware of the

extent of the weed around the Island and reefs. It has been recorded in the area for at least ten years.

2.  The conclusions of a small report produced in 1977 by the Department of the Environment on the subject are still relevant. The salient points are summarised as follows –

There is no known way of eliminating this weed save that of removing it physically. Any form of chemical treatment could also affect other seaweeds and marine life in general and therefore is definitely not to be recommended. It can only be suggested that weed is removed physically from areas where is it causing a major hazard, for example in channels used for navigation or

on marina pontoons. In fact the marine swimming pool at West Park is cleared physically on an annual basis by the Department of Public Building and Works. This noted increase in Sargassum (Japanese Seaweed) undoubtedly has changed some aspects of the lower shore. However, it had been suggested that it may have positive as well as negative attributes. By its nature of floating in the water column, it may provide juvenile fish with extra cover and so give them added protection. Certainly in other areas around the world, such weed beds (e.g. kelp forests) are known to attract fish and some shellfish species."

Highlands College staff. Questions and answers.

Deputy Graham Douglas Thorne asked Deputy Philip George Mourant, President of the Education Committee, the following questions –

"1. Will the President inform the States how many full-

time lecturers and administrators are employed at Highlands College, how many hours they work each week and how many weeks they work in a year?

  1. Will the President confirm that, whereas civil servants and members of the States of Jersey Police are subject to restrictions so far as engaging in business or in paid employment elsewhere is concerned, it is a fact that certain lecturers employed at Highlands are running their own businesses or companies, even to the extent of having offices in the town, from which they derive a considerable amount of income?
  2. Does it not concern the Committee that resources paid for by the public are being utilized by staff to benefit their private businesses?
  1. Will the President state whether any lecturers have employed students from their classes in their private businesses at rates of pay below the recommended levels for such work?
  2. If the answer to question 4 is in the affirmative, can the President state whether the lecturers concerned would have any liability in respect of such students in the event of accidents and/or injury?"

The President of the Education Committee replied as follows –

"1. There are 76 full-time lecturers (including Heads of

Department at Highlands College and their conditions of service require them to work at the College for 38 weeks for 30 hours per week; in addition they are required to do work in support of their teaching outside those hours but the amount of time to be given to this support activity is not defined.

There are eight full-time administrative staff (including the Principal and Vice-Principal) and seven full-time technical support staff, all of whom work virtually the same hours as civil servants. In addition there are seven administrative and technical staff who are employed part-time and whose hours are equivalent to 5.81 full-time employees.

  1. The current terms and conditions of employment of the lecturing staff at Highlands College do not place any restrictions upon their engaging in business or paid employment provided that such activities do not adversely affect their work as lecturers. I understand that some lecturers do engage in other paid activities in addition to their employment at Highlands, but no detailed information is available about those activities or the levels of income which they generate.
  1. The Committee would be extremely concerned if public resources were used by Highlands College staff to benefit their private businesses, and if Deputy Thorne has any evidence to indicate that such is the case, I would ask him to provide it to my Committee so that appropriate disciplinary action can be taken.
  2. I have no knowledge of lecturers employing students from their classes in private businesses, nor of any rates of pay paid for such employment.
  3. As I understand it, if a lecturer were to employ a student in a private business, then he would necessarily take on the normal liabilities of an employer in respect of an employee's accident and/or injury."

La Collette Depôts: new premises.

THE STATES, adopting a Proposition of the Public Works Committee –

  1. approved Drawings Nos. 2825/10-F, 11-E, 12-E, 13-D, 14-D 15-B and 16, showing the proposed construction of the new premises at La Collette for the Harbour Works Depôt, Public Works Depôt, Housing Depôt and Motor Traffic Department;
  2. authorised the Greffier of the States to sign the said Drawings on behalf of the States.

Highlands College: J Block Development.

THE STATES, adopting a Proposition of the Education Committee –

  1. approved Drawings Nos. 2820/8, 2820/9, 2820/10, 2820/11 and 2820/12 showing the construction of J Block forming part of Highlands College Development;
  2. authorised the Greffier of the States to sign the said Drawings on behalf of the States.

Draft Health and Safety at Work (Jersey) Law, 198 . P.113/87.

THE STATES commenced consideration of the draft Health and Safety at Work (Jersey) Law, 198 (lodged on 16th June, 1987). After discussion, the President of the Social Security Committee withdrew the draft Law.

Petite Route des Mielles, St. Brelade , Field 213: purchase. P.148/87.

THE STATES, adopting a Proposition of the Housing Committee –

  1. authorised the Housing Committee to purchase from Douet Clement Properties Limited part of Field 213, Petite Route des Mielles, St. Brelade shown on Drawing No. 1495/1/07, for a sum of £233,000, with each party being responsible for its own legal fees;
  2. authorised the payment or discharge of the expenses to be incurred in connexion with the acquisition of the said site, and of all legal expenses, from the Housing Committee's vote of credit "Land Purchase" (Vote No. C.1104);
  3. authorised the Attorney General and the Greffier of the States to pass, on behalf of the public, any contracts that it might be found necessary to pass in connexion with the said property, and any interests therein.

Standing Orders of the States of Jersey: amendment (No. 11).

THE STATES, in pursuance of Articles 16 and 27 of the States of Jersey Law, 1966, as amended, made a Standing Order entitled Amendment (No. 11) to the Standing Orders of the States of Jersey.

THE STATES rose at 4.15 p.m.

R.S. GRAY, Deputy Greffier of the States.