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States Minutes 19th January 1988

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THE STATES assembled on Tuesday, 19th January, 1988 at 10.15 a.m. under the Presidency of the Bailiff ,

Sir Peter Crill, C.B.E. ____________

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

____________

All members were present with the exception of

Fred Philip Webber Clarke, Connétable of St. Helier – out of the Island.

Philip George Mourant, Deputy of St. Helier – out of the Island.

____________

Prayers ____________

Tribute to the late Mr. S.J. Venables, former Member of the House.

The Bailiff paid tribute to the late Mr. Stephen John Venables, a former Deputy of St. Helier and Senator.

THE STATES observed one minute's silence as a mark of respect.

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

25   Price : £1.00

  1. Matrimonial Causes (Amendment No. 4) (Jersey) Rules, 1987. R & O 7705.
  2. Ancillary Dental Workers (Registration) (Fees) (Jersey) Order, 1987. R & O 7706.
  3. Cremation (Fees) (Jersey) Order, 1987. R & O 7707.
  4. Establishments for Massage or Special Treatment (Licence Fees) (Jersey) Order, 1987. R & O 7708.
  5. Food and Drugs (Ice-Cream Stalls etc.) (Amendment No. 8) (Jersey) Order, 1987. R & O 7709.
  6. Nursing Agencies (General Provisions) (Amendment No. 3) (Jersey) Order, 1987. R & O 7710.
  7. Nursing Homes (Registration) (Fees) (Jersey) Order, 1987. R & O 7711.
  8. Old Person's Homes (Registration) (Fees) (Jersey) Order, 1987. R & O 7712.
  9. Wild Birds (Prohibition of Importation) (Jersey) Order, 1987. R & O 7713.
  10. Police Force (General Provisions) (Amendment No. 4) (Jersey) Order, 1988. R & O 7714.

Social Security Committee – resignation and appointment of members.

THE STATES noted the resignation of Senator John William Ellis from the Social Security Committee and appointed Deputy Philip George Mourant of St. Helier in his place.

Industrial Relations Committee – appointment of member.

THE STATES appointed Deputy Sir Martin Le Quesne of St. Saviour as a member of the Industrial Relations Committee.

Committee for Postal Administration – appointment of member.

THE STATES appointed Senator John William Ellis as a member of the Committee for Postal Administration.

Advisory Training Council: report for 1986–87. R.C.1.

The Education Committee by Act dated 18th December, 1987, presented to the States a Report of the Advisory Training Council for 1986–87.

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

Matters noted – land transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 7th December, 21st December, 1987 and 11th January, 1988, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

  1. as recommended by the Harbours and Airport Committee, the leasing to St. Catherine's Angling Association of the premises located in one of the archways on St. Catherine's Breakwater, St. Martin , for a period of three years, commencing 1st November, 1987, at an annual rent of £160;
  2. as recommended by the Harbours and Airport Committee, the leasing to Kufra Trading Limited of

the Marina Shop, New North Quay, Port of St. Helier (Letting  N18B),  for  a  period  of  three  years, commencing 1st December, 1987, at an annual rent of £3,000;

  1. as  recommended  by the  Harbours  and  Airport Committee, the leasing to Channel Islands Handling Limited of office accommodation on the Albert Pier, Portof St. Helier (Letting A18/A19), for a period of three years, commencing 1st November, 1987, at an annual rent of £2,777.25;
  2. as  recommended  by the  Harbours  and  Airport Committee, the renewal of the lease to Miss Lilian Jemima  Le Couteur  of Archirondel  Cottage, St. Martin , for a period of three years, commencing 25th December, 1987, at an annual rent of £340;
  3. as  recommended  by the  Island  Development Committee, and in pursuance of an Act of the States dated 18th April, 1978, the purchase from the Estate of the  late  Mr. Francis  John  Le Lievre,  Mr. Colin Renouf and Mrs. Doreen Renouf , née Evans, of the property Chateau du Port, Five Mile Road, St. Peter , for a consideration of £37,500 for the realty, with the Committee's being responsible for the payment of all legal fees;
  4. as  recommended  by the  Tourism  Committee,  the renewal of the lease to Mrs. Carla Allen, née Sawyer, of the First Tower Kiosk, St. Helier , for a period of three  years,  with  the  option to renew for a further period  of two  years  at  prevailing  market  prices, commencing  25th  December,  1987, at  the undermentioned annual rents –

1988  £2,000 1989  £3,000 1990  £4,000;

  1. as  recommended  by the  Tourism  Committee,  the renewal of the lease to Mrs. Dawn Long, née Wheeler, of the Old Station Café, Millbrook, for a period of three  years,  with  the  option to renew for a further period  of two  years  at  prevailing  market  prices, commencing  25th  December,  1987, at  the undermentioned annual rent –

1988  £3,000 1989  £4,000 1990  £5,000;

  1. as recommended by the Public Works Committee, the leasing to The Jersey Electricity Company Limited of sites for electricity sub-stations at the Central Market and the Minden Place Multi-Storey Car Park, for a period  of 99 years,  commencing  25th  December, 1987, at an annual rent of £1 for each site, with all payments commuted forward to the inception of the agreement,  and  the granting, free of charge, to the company of any servitudes required for high tension cables,  with  each  side  being  responsible  for  the payment of its own legal fees;
  2. as recommended by the Public Works Committee, the purchase of land from the undermentioned persons, required for the construction of a footpath along partof La Rue du Pont Marquet, St. Brelade , at the rate of £2  a  square  foot,  with  the  Committee's  being responsible for the payment of all legal fees –

Mr. David  Owens  Williams  and  Mrs. Josephine Annette Williams, née Lawton, 866 square feet for a consideration of £1,732,

Mrs. Doreen  Winifred  Hatton,  née  Ormston, 423 square feet of land for a consideration of £846,

Mrs. Carmel  Mary  Nurse,  née  Hannon,  906 square feet of land for a consideration of £1,812,

Mr. Anton Graham Winston Offenbach, 793 square feet of land for a consideration of £1,586,

The Trustee Savings Bank of the Channel Islands, 723 square feet of land for a consideration of £1,446,

Brigadier Hubert Gervais Lennox Brain, 967 square feet of land for a consideration of £1,934,

Petit Bois Limited, 836 square feet of land for a consideration of £1,672,

Mrs. Diane Mavis Martin, née Whyte, 624 square feet of land for a consideration of £1,248.

  1. as recommended by the Public Works Committee, the leasing to Mr. Arthur Le Pennec of land situated in Field 871, St. Ouen , measuring 27 perch, for a period of three years, commencing 25th December, 1987, at an annual rent of £27, representing a rate of £40 a vergée;
  2. as recommended by the Public Works Committee, the cession, free of charge, by La Mielle Holdings (St. Aubin) Limited of 947 square feet of land at La Mielle, with the Committee's being responsible for the payment of all legal fees;
  3. as recommended by the Resources Recovery Board, the sale to The Jersey Electricity Company Limited of a small parcel of land measuring approximately 16 square feet, near Victoria Village Pumping Station, required for the construction of a section pillar, for a nominal consideration of £10, with each side being responsible for the payment of its own legal fees;
  4. as recommended by the Harbours and Airport Committee, the leasing to Sayer and Company (Transport C.I.) Limited of the warehouse situated on

the New North Quay, Port of St. Helier (Letting No. N.8), for a period of three years, commencing 1st February, 1988, at an annual rent of £8,532;

  1. as recommended by the Harbours and Airport Committee, the leasing to Sea Express Channel Islands Limited of office accommodation on the Albert Pier, Portof St. Helier (Letting No. A.20), for a period of three years, commencing 1st January, 1988, at an annual rent of £2,100;
  2. as recommended by the Harbours and Airport Committee, the leasing to George Troy & Sons Limited of office accommodation on the New North Quay, Port of St. Helier (Letting No. N.20), for a period of three years commencing 1st January, 1988, at an annual rent of £6,129.50;
  3. as recommended by the Harbours and Airport Committee, the leasing to Channel Island Services Limited of office accommodation on the New North Quay, Port of St. Helier (Letting No. N.19), for a period of three years commencing 1st January, 1988, at an annual rent of £6,376.50;
  4. as recommended by the Public Works Committee, the purchase from Mr. Francis William Alluto and Mrs. Joan Maud Alluto, née Le Cornu of 82 square feet of land adjacent to Rue de la Hambye, St. Saviour , required for road improvement purposes, for a consideration of £82, with the Committee's being responsible for the accommodation works and the payment of all legal fees.

Matters noted – financial transactions.

THE STATES noted Acts of the Finance and Economics Committee dated 26th October and 21st December, 1987 and 11th January, 1988, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that –

  1. the Housing Committee had accepted the lowest of five tenders, namely that submitted by Peter Cameron Limited, in the sum of £1,170,552 in a contract period of60 weeks for the construction of32 one-bedroomed flats at Vincent Court Phase II, St. Helier ;
  2. the Public Works Committee had accepted the lowest of five tenders, namely that submitted by
    1. & C. Contractors Limited in the sum of £47,412.68 in a contract period of20 weeks for the construction of public toilets at La Haule, St. Brelade ;
  3. the Housing Committee had accepted the lowest of five tenders, namely that submitted by J.F. Marett and Sons Limited in the sum of £61,500 in a contract period of22 weeks for the construction of two one- bedroomed two-storey dwellings on the site of55 Garden Lane, St. Helier .

Matters Lodged.

The following subjects were lodged "au Greffe" –

  1. Agricultural and horticultural industries: financial assistance. P.2/88.

Presented by the Agriculture and Fisheries Committee. The States decided to take this subject into consideration on 9th February, 1988.

  1. Fuel oil supply and distribution: fourth supplier. P.3/88.

Presented by the Finance and Economics Committee. The States decided to take this subject into consideration on 16th February, 1988.

  1. Licensing of horses. P.4/88.

Presented by Senator Terence John Le Main. The States decided to take this subject into consideration on 16th February, 1988.

The following subjects were lodged on 29th December, 1987

  1. Devonshire Mews development, St. Helier . P.194/87.

Presented by the Housing Committee.

  1. Highlands College Lecturers: Committee of Inquiry. P.195/87.

Presented by the Education Committee.

  1. Community Home for the Mentally Handicapped. P.196/87.

Presented by the Public Health Committee.

The following subject was lodged on 12th January, 1988

Draft Public Employees (Contributory Retirement Scheme) (Transitional Provisions) (Amendment) (Jersey) Regulations, 198 . P.1/88.

Presented by the Establishment Committee.

Arrangement of the Public Business for Spring Session.

THE  STATES  decided to take the undermentioned subjects into consideration on

19th January, 1988

Dentists (Registration) (Amendment No. 2) (Jersey) Law, 198 . P.184/87.

Lodged: 17th November, 1987.

Public Health Committee.

Draft Family Allowances (Jersey) Regulations, 198 . P.190/87.

Lodged: 1st December, 1987.

Social Security Committee.

Draft Finance (Jersey) Law, 198 . P.191/87. Lodged in Second Reading – 1st December, 1987. Finance and Economics Committee.

Highlands College lecturers: Committee of Inquiry. P.195/87.

Lodged: 29th December, 1987.

Education Committee.

Community Homes for the Mentally Handicapped. P.196/87.

Lodged: 29th December, 1987.

Public Health Committee.

26th January, 1988

St. Peter 's Youth and Community Centre: caretaker's flat. P.183/87.

Lodged: 17th November, 1987.

Island Development Committee.

Devonshire Mews development, St. Helier .P.194/87. Lodged: 29th December, 1987.

Housing Committee.

Draft Public Employees (Contributory Retirement Scheme) (Transitional Provisions) (Amendment) (Jersey) Regulations, 198 . P.1/88.

Establishment Committee.

16th February, 1988

Draft Jersey Gas Company (Jersey) Law, 198 . P.180/87. Lodged: 17th November, 1987.

Finance and Economics Committee.

Racecourse Grandstand at Les Landes, St. Ouen . P.192/87. Lodged: 8th December, 1987.

Island Development Committee.

23rd February, 1988

Strategic oil reserves. P.186/87. Lodged: 17th November, 1987. Resources Recovery Board.

Oakfield Industries: operation and extension of job support scheme. P.193/87.

Lodged: 8th December, 1987.

Social Security Committee.

1st March, 1988

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 refer – P.135/87).

8th March, 1988

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 –  

Referendum: introduction of legislation. P.15/87. Lodged: 20th January, 1987.

Senator J.S. Rothwell.

Immigration Committee: appointment. P.32/87. Lodged: 10th February, 1987.

Senator R.J. Shenton.

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.

Price of Goods: display. P.153/87. Lodged: 22nd September, 1987. Senator R.J. Shenton.

Awaiting Report

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 Social Security Committee.

Deputy C. Stein of Grouville .

Matters lodged "au Greffe" withdrawn.

THE STATES noted that in pursuance of Standing Order 17(6) the following subjects, which were lodged "au Greffe", had been withdrawn –

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.

Private Hire Cabs Fares: control. P.41/85.

Lodged: 7th May, 1985 and referred to the Defence Committee. Senator R.J. Shenton.

Draft Firearms (Jersey) Law, 198 . P.104/85. Lodged: 24th September, 1985.

Defence Committee.

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 .

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 .

Redundancy payments. P.154/86.

Lodged: 25th November, 1986 and referred to the Industrial Relations Committee.

Senator R.J. Shenton.

Government House: conversion of stable block/coach house. P.5/88.

THE STATES commenced consideration of a Proposition of the Public Works Committee requesting approval of the drawings for the conversion of the stable block/coach house at Government House. After discussion, and on the Proposition of Senator Richard Joseph Shenton, the Proposition was lodged "au Greffe".

States Analyst's building: extension.

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

  1. approved Drawing No. 2191/28 showing the construction of an extension to the States' Analyst's building in Pier Road, St. Helier ;
  2. authorised the Greffier of the States to sign the said Drawings on behalf of the States.

West Park Café, St. Helier : lease.

THE STATES, adopting a Proposition of the Tourism Committee –

  1. approved the lease to Mr. John Alexander Black of the West Park Café, St. Helier , for a period of three years, with option to renew for a further two years, from 25th December, 1987 at annual rents of

1988   £8,600 1989  £10,600 1990  £12,000;

the remaining two years at existing market prices;

  1. authorised  the  Greffier  of the  States  to  sign  the necessary agreement;
  2. authorised the Treasurer of the States to receive the rent as it becomes due.

Field 350, St. Peter : purchase of land.

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

  1. approved  the  purchase  by the  public  of the  Island from  Mr. John  Charles  Wilkins  of an  area  of land measuring 134 square feet being part of Field 350at St. Peter ,  shown  coloured  red  on the  Drawing No. WS728, required for the construction of an air valve  chamber  to  vent  a  rising  main,  for  a consideration of £134;
  2. authorised the Greffier of the States to sign the said drawing on behalf of the States;
  3. authorised the payment or discharge of the expenses to be incurred in connexion with the acquisition of the land  and  of all  interests  therein,  including  the commutation of any regional rights and the payment of all legal expenses out of the Vote of Credit granted to the Board under the heading "Reconstruction and replacement of sewers" – Vote No. CO418.
  4. authorised the Attorney General and the Greffier of the States to pass on behalf of the public any contracts which it may be found necessary to pass in connexion with the purchase of the said land and any interest therein.

Dentists (Registration) (Amendment No. 2) (Jersey) Law, 1988. P.184/87.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Dentists (Registration) (Amendment No. 2) (Jersey) Law, 1988.

Family Allowances (Jersey) Regulations, 1988. P.190/87.

THE STATES, in pursuance of Article 7 of the Family Allowances (Jersey) Law, 1972, as amended, made Regulations entitled the Family Allowances (Jersey) Regulations, 1988.

Finance (Jersey) Law, 1988. P.191/87.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Finance (Jersey) Law, 1988.

Highlands College lecturers: Committee of Inquiry. P.195/87.

THE STATES, adopting a Proposition of the Education Committee –

  1. appointed a Committee of Inquiry under Article 30of the States of Jersey Law, 1966
  1. to inquire into allegations of misuse of public resources, and other malpractices, by Highlands College lecturers engaged in public business activities; and
  2. in so doing, to consider the need to regulate the private business activities of teachers and lecturers employed by the Education Committee;

and to report thereon to the States; and

  1. agreed that the Committee so appointed should be designated a Committee of Inquiry for the purposes of Articles 41 to 46 inclusive and Article 49of the said Law.

Committee of Inquiry: Highlands College lecturers – appointment of President and members.

THE STATES, on the proposition of the President of the Education Committee, appointed Senator Pierre François Horsfall as President of the Committee of Inquiry into allegations of malpractices by Highlands College lecturers engaged in public business activities.

THE STATES, on the proposition of Senator Horsfall, appointed the following as members of the Committee of Inquiry –

Senator Betty Brooke

Deputy Edgar John Becquet of Trinity Deputy Graham Huelin of St. Brelade .

Community Home for the mentally handicapped. P.196/87.

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

  1. approved the purchase of a property for the development of a community home for people with a mental handicap subject to the Finance and Economics Committee's approval of the price and the Island Development Committee's approval of the use of the site;
  2. authorised the Treasurer of the States to pay the necessary sum out of the Island Development Committee's capital vote "Acquisition of land – Major Reserve" (No. C0904);
  1. authorised the Attorney General and the Greffier of the States to pass the necessary contracts.

THE STATES rose at 11.50 a.m.

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