States Minutes 10th May 1988

THE STATES assembled on Tuesday, 10th May, 1988 at 10.15 a.m. under the Presidency of the Deputy Bailiff , Vernon Amy Tomes, Esquire. ____________

All members were present with the exception of –

Senator Bernard Thomas Binnington – out of the Island.

Senator Pierre François Horsfall – out of the Island. Jack Roche, Deputy of St. Helier – ill.

Mervyn Renouf Billot, Deputy of St. Saviour – out of the Island.

Carlyle John Le Hérissier Hinault, Deputy of St. John – out of the Island.

Graham Huelin, Deputy of St. Brelade – out of the Island.

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Prayers ____________

Reverend R. Hornby – 90th birthday message.

The   Deputy   Bailiff  informed  the  House  that,  on  their  behalf,  a message of congratulations was being sent to Reverend Raymond Hornby who would be celebrating his 90th birthday on 11th May. It was believed that he was the last living person who had served in the States during the Occupation years.

Subordinate legislation tabled.

The following enactment was laid before the States, namely –

165   Price : 50p

Import and Export (Control) (Amendment No. 2) (Jersey) Order, 1988. R & O 7750.

Matters noted – land transactions.

THE STATES noted an Act of the Finance and Economics Committee dated 4th May, 1988, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Housing Committee, and with the support of the Island Development Committee, and in accordance with an Act of the States dated 23rd September, 1987, the purchase from the under mentioned owners of Field 817, Chemin du Moulin, St. Lawrence , required in connexion with the construction of category A' housing, with the Committee's being responsible for the payment of the scale legal fees involved in the transactions –

Mr. Gerald Francis Voisin £108,000

Block Holdings Limited £90,000 and the payment of £3,500 for the provision of a granite retaining wall;

2. as recommended by the Housing Committee, the passing of a Contrat de Bornement with Mr. Denys John Huby and Mrs. Marguerite Henrietta Huby, née Bolding, of Ampurius, Grands Vaux, St. Helier and Miss Lucille Renouf of Sous Les Bois, Grands Vaux, St. Helier , in order to clarify that the retaining wall on the eastern boundary of the said properties was owned without offset by the public of the Island who would retain a right of access to repair and maintain the wall;
3. as recommended by the Public Health Committee, the leasing from Mr. George Bernardes and Mrs. Rut Maga Bernardes, née Bagenholm, of the property Alzalo', Upper Kings Cliff, St. Helier , a three bedroomed furnished house, for a period of one year from 1st June, 1988 at a weekly rent of £150, required for occupation by an ex-patriate employee;

4. as recommended by the Finance and Economics Committee, the leasing from Mrs. Monica Billot Cotillard, née Le Quesne, of a two-bedroomed unfurnished first floor flat being part of the buildings at L'Hermitage Farm, St. Saviour , for a period of two years from 1st June, 1988, at a weekly rent of £100, required for occupation by an ex-patriate employee;
5. as recommended by the Public Works Committee, the renewal of the lease to La Moye Golf Club of an area of land at Les Blanches Banques (known as Le Noir Côtil' and situated between fairways 9 and 16 at La Moye Golf Course) measuring 6 vergées 25 perches, for a period of nine years from 25th March, 1988 at an annual rent of £50.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Draft Consular Conventions (Amendment) (Jersey) Law, 198 . P.50/88.

Presented by the Legislation Committee. The States decided to take this subject into consideration on 24th May, 1988.

2. Draft Parish Rate (Jersey) Law, 198 . P.51/88.

Presented by the Supervisory Committee. The States decided to take this subject into consideration on 24th May, 1988.

3. Housing: price control and Building Loans Scheme. P.52/88.

Presented by Senator Richard Joseph Shenton.

4. Airport navigational aids: power supply enhancements – Phase II. P.53/88.

Presented by the Harbours and Airport Committee. The States decided to take this subject into consideration on 24th May, 1988.

5. Fire Service: replacement radiocommunication system. P.54/88.

Presented by the Defence Committee.

6. Draft Collective Investment Funds (Jersey) Law, 1988 (Appointed Day) Act, 198 . P.55/88.

Presented by the Finance and Economics Committee. The States decided to take this subject into consideration on 24th May, 1988.

7. Devonshire Mews development, St. Helier : exchange of land. P.56/88.

Presented by the Housing Committee. The States decided to take this subject into consideration on 24th May, 1988.

8. Draft Summer Time (Amendment) (Jersey) Act, 198 . P.57/88.

Presented by the Legislation Committee.

9. Establishment Committee: vote of no confidence. P.58/88.

Presented by Senator John Stephen Rothwell and lodged by Deputy  Sir  Martin Le Quesne of St. Saviour . The States decided to take this subject into consideration on 24th May, 1988, immediately before the matters already set down for debate at that Meeting.

Housing: price control and Building Loans Scheme. P.52/88.

Senator  Richard  Joseph  Shenton,  having  been  assured  by  the President of the Housing Committee that the Committee accepted the  terms  of  his  Proposition  and  were  reviewing  the  situation, withdrew  his  Proposition  entitled  "Housing:  price  control  and Building Loans Scheme" (lodged at the present Sitting).

Agricultural  holdings  of  above  100 vergées.  Question  and answer.

Deputy  Hendricus  Adolphus  Vandervliet  of   St. Lawrence  asked Deputy Henri Leon Dubras, Deputy of St. Martin , Vice-President of the Agriculture and Fisheries Committee, the following question –

"In the Agricultural statistics recently published, details are given of the numbers of holdings of various sizes.

Will the President give the House a similar breakdown of the areas in relation to holdings of above 100 vergées?"

The  Vice-President  of  the  Agriculture  and  Fisheries  Committee replied as follows –

"The  detailed breakdown of holdings above 100 vergées from the 1987 census is as follows –

Area  Number of Holdings

101 – 120 vergées  32 121 – 140 vergées  24 141 – 160 vergées  16 161 – 180 vergées  5 181 – 200 vergées  5 201 – 220 vergées  3 221 – 240 vergées  2 241 and above  20

I should add that, in considering the above information, it must be borne in mind that many of the larger units are operated  by  partnerships or companies involving two or more individuals or family participants."

Implications for Jersey of the E.E.C. Single Act which comes into effect in 1992. Questions and answers.

Deputy Michael Adam Wavell of St. Helier asked Senator Reginald Robert Jeune , President of the Constitution Committee, the following questions –

"1. What are the implications for Jersey of the European

1992 legislation?

2. Have negotiations taken place between Jersey and the Home Office or any other body regarding those implications and, if so, is the President able to tell the House anything about these discussions?
3. What effect would the 1992 legislation be likely to have, if any, on our tourism, agricultural and commercial industries?"

The President of the Constitution Committee replied as follows –

"While much emphasis is placed on 1992, which is the target date for the establishment of a Single Market in Europe under the umbrella of the Single European Act, it might be helpful if I explain in outline what the Single European Act also makes provision for –

1. a limited extension of qualified majority voting in the Council of Ministers in order to help meet the 1992 target date for completion of the internal market;
2. updating of the Treaty to take account of policies on technology and the environment;

3. reference in the Treaty to the European Regional Development Fund and better co-ordination of the Structural Funds;
4. a procedure for co-operation between the Council of Ministers and the European Parliament;
5. the establishment of a Court of First Instance to relieve the European Court of Justice's excessive workload;
6. co-operation in the sphere of foreign policy.

The Act does not represent a significant change in the structure of the European Community. What it does is to bring the enlarged community into line with the practical needs of the 1990s. The main objective is to establish the genuine common market in goods and services by 1992 that was the original intention of the Treaty of Rome, and against the background of which the position of the Island was considered in 1971 and safeguarded through the Protocol attached to the Treaty of Accession of the United Kingdom.

The Constitution Committee has been considering for some time now the implications for Jersey of the Single European Act.

It has therefore already had a meeting with the official in the Foreign and Commonwealth Office mainly concerned with the internal matters of the European Community and has retained the services of the leading E.E.C. lawyer in the United Kingdom as its expert professional adviser.

From the discussions which it has had so far, the Committee is advised that the implications for the Island are unlikely to be as dramatic as some commentators in the local media have suggested. Many of the proposals are of course still at a very early stage and the Committee will be keeping a very close watch on developments, particularly in the field of veterinary standards and financial services.

Clearly, however, the creation of a Single European Market of 320 million people will inevitably mean that there will be practical changes which the Island's industries will have to face. It therefore behoves everybody in these industries to keep a careful check on developments to ensure that they are well prepared to adapt to these changes and make the best possible and profitable use of them. My Committee will also be watching these developments and consulting with industry as appropriate and will be happy to advise on any particular aspect or problem which may emerge in the coming months.

Meanwhile the House and the Island as a whole can be reassured that my Committee is alive to the situation, has already taken positive steps to ensure that it is properly informed in these matters and will not hesitate, should it become necessary, to make approaches to the appropriate body to secure the continued well-being of the Island."

Family Allowances and Social Security (Reciprocal Agreement with Sweden) (Jersey) Act, 1988.

THE STATES, adopting a Proposition of the Social Security Committee, approved the Family Allowances and Social Security (Reciprocal Agreement with Sweden) (Jersey) Act, 1988.

Reciprocal Health Agreement with Sweden.

THE STATES, adopting a Proposition of the Public Health Committee, approved an Act with regard to a Reciprocal Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Sweden concerning medical treatment.

Jersey Consumer Watchdog Group: financial assistance. P.44/88.

THE STATES, adopting a Proposition of Senator John Stephen Rothwell, accepted the principle of giving financial support to the Jersey Consumer Watchdog Group and requested the Finance and Economics Committee to include in the next Supply Day list an amount of £2,000 for this purpose.

Sea-Fisheries (Amendment No. 4) (Jersey) Law, 1988. P.47/88.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Sea-Fisheries (Amendment No. 4) (Jersey) Law, 1988.

Sea-Fisheries (Miscellaneous Provisions) (Amendment No. 3) (Jersey) Regulations, 1988. P.48/88.

THE STATES, in pursuance of Articles 2 and 5 of the Sea-Fisheries (Jersey) Law, 1962, as amended, made Regulations entitled the Sea- Fisheries (Miscellaneous Provisions) (Amendment No. 3) (Jersey) Regulations, 1988.

Attendance Allowance: legislation. P.49/88.

THE STATES commenced consideration of a Proposition of Senator Jean Amy Le Maistre regarding attendance allowances (lodged on 19th April, 1988).

During the debate the States adopted a proposition of Senator Le Maistre, in accordance with Standing Order No. 46(1), "that strangers do withdraw" in order that specific cases of hardship could be illustrated in relation to attendance allowances and debated in camera.

THE STATES, having deliberated thereon in camera, continued the general discussion in public, and after the President of the Social Security Committee had given undertakings regarding a review of the attendance allowance scheme, Senator Dereck André Carter proposed that the States move to the consideration of the next item on the Order Paper. The proposition was carried, more than twenty members voting in support thereof.

THE STATES rose at 12.40 p.m.

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