States Minutes 22nd November 1988

THE STATES assembled on Tuesday, 22nd November, 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 John William Ellis – out of the Island. Senator Terence John Le Main – absent.

Charles Alan Le Maistre, Connétable of Grouville – out of the Island.

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

Sir Martin Le Quesne, Deputy of St. Saviour – out of the Island.

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Prayers ____________

Subordinate legislation tabled.

The following enactment was laid before the States, namely –

Agricultural Preparations (Prohibition of Importation and Use) (Jersey) Order, 1988. R & O 7829.

House Committee: resignation and appointment of members.

THE  STATES  noted  the  resignation  of  Senator  Pierre  François Horsfall  from  the  House  Committee  and  appointed  Senator  Jean Amy Le Maistre to serve in his place.

363   Price : 75p

Etat Civil Committee: appointment of members.

THE STATES, on the proposition of the Connétable of St. Ouen , President of the Etat Civil Committee, appointed the following as members of the Committee –

Senator Jean Amy Le Maistre

John Pepin Le Sueur , Connétable of St. John

Fred Philip Webber Clarke, Connétable of St. Helier Snowdon George Robins, Connétable of St. Saviour Terence Augustine Le Sueur , Deputy of St. Helier Henry George Coutanche, Deputy of St. Lawrence .

Jersey Council for Safety and Health at Work: report and accounts 1987/88. R.C.18.

The Social Security Committee by Act dated 10th November, 1988 presented to the States the Report and Accounts of the Jersey Council for Safety and Health at Work for the year 1987–1988.

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

Le Marais, St. Clement – infill scheme (P.115/88): further report. P.151/88

The Housing Committee by Act dated 11th November, 1988, presented to the States a further report on the proposed infill scheme at Le Marais, St. Clement .

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

Statistical Digest.

The Finance and Economics Committee by Act dated 14th November, 1988, presented to the States the Statistical Digest.

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

Matter noted – land transaction.

THE STATES noted an Act of the Finance and Economics Committee dated 14th November, 1988, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved, as recommended by the Housing Committee, the passing of a contrat de transaction to determine the boundary between the property 56, Old Trinity Hill, St. Helier , owned by Mr. Anthony Clifford Michel and Mrs. Marie Pierre Michel, née Pellan, and property owned by the public of the Island, with each party being responsible for the payment of its own legal fees.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Draft Currency Notes (Variation of Maximum Denomination) (Jersey) Regulations, 198 . P.149/88. Presented by the Finance and Economics Committee.
2. Draft Hire Cars (Jersey) Regulations, 198 . P.150/88. Presented by the Defence Committee.
3. Fields 14, 14A and 18, La Rue de Maupertuis, St. Clement : compulsory purchase. P.152/88.

Presented by the Housing Committee.

The States decided to take the abovementioned subjects into consideration on 13th December, 1988.

Committee of Inquiry: development of south coast. P.133/88.

THE STATES acceded to the request of Deputy Cynthia Miriam Horne of St. Helier that consideration of her Proposition regarding the setting up of a Committee of Inquiry to consider the development of the south coast (lodged on 25th October, 1988) be deferred from the present Sitting to a later date.

Le Marais, St. Clement : infill scheme. P.115/88.

THE STATES acceded to the request of the President of the Housing Committee that the Proposition regarding the infill scheme at Le Marais, St. Clement (lodged on 27th September, 1988) be considered on 29th November, 1988.

Ferry berths, west of Albert Pier: purchase of sea bed. P.131/88.

THE STATES acceded to the request of the President of the Harbours and Airport Committee that the Proposition regarding the purchase of the sea bed in connexion with the ferry berths west of the Albert Pier (lodged on 25th October, 1988) be considered on 13th December, 1988.

Collective investment funds. Statement.

The President of the Finance and Economics Committee made a statement in the following terms –

"The Honourable Francis Maude MP, Corporate Affairs Minister at the Department of Trade and Industry announced last Wednesday, 16th November, that he had decided to grant Jersey designated status under Section 87 of the United Kingdom Financial Services Act 1986 and that a formal designation order would be made and laid before Parliament in the near future.

This followed the making of the relevant delegated legislation under the Collective Investment Funds (Jersey) Law, 1988 in the States on 1st November.

An application for designation was despatched the following day via the Bailiff , the Lieutenant Governor, and the Home Office to the Department of Trade and Industry. It is entirely commendable that this was dealt with so expeditiously as to enable the Minister to make his decision as quickly as he did. I would like to take this opportunity of publicly expressing my appreciation of the efforts of all concerned with the application, with particular mention of the Attorney General, Mr. Powell a United Kingdom Barrister who did the bulk of the drafting, the Deputy Law Draftsman, Mr. Coppock, and Richard Syvret and James Jenkin of the Commercial Relations Office.

It is expected that the Order will be laid before Parliament sometime this week and will then come into force in three weeks' time.

As a result of the designation order coming into force before 31st December, those Jersey collective investment funds which are listed on the London Stock Exchange will continue to be allowed to be promoted in the United Kingdom until 1st March, 1989.

This will allow those funds time to apply to obtain a Recognised Fund certificate from the Finance and Economics Committee and armed with that certificate apply to the Securities Investments Board to become a recognised scheme under the Financial Services Act 1986 and so be permitted to continue to be promoted in the United Kingdom after 1st March. The SIB requires a two month application period. The relevant funds will therefore need to obtain their Recognised Fund certificates and apply to SIB before the end of this year if they are to continue to be promoted freely in the United Kingdom after 1st March 1989.

Having established a class of funds which are regulated to the requirements of the United Kingdom market and recognised as such by the United Kingdom authorities it is hoped this will prove useful when negotiating access for Jersey funds, perhaps on a fund by fund basis, into the other countries within the EEC. Particularly as the standard of regulation required for the United Kingdom exceeds the standards set in the UCITS directive which is the directive which will govern marketing of funds between countries within the EEC."

Proposed golf course at Les Quennevais, St. Brelade . Statement.

The President of the Island Development Committee made a statement in the following terms –

"I make this statement today following the decision of Senator Shenton to defer his proposition concerning the provision of a golf course at Les Quennevais while my Committee considers a proposal from one of the landowners concerned to undertake development for another purpose.

On Wednesday last week, 16th November, the Planning Department received an application from Lesquende Limited to construct housing for retired and elderly persons on the site of the Belle Vue Pleasure Park and other land adjoining it in the company's ownership.

My Committee discussed the situation briefly at its meeting last Thursday. Through his action, Senator Shenton has put the Committee, and indirectly the States, in a difficult position. The effect of his proposition, which if approved would amend the Island Plan, would be to alter the policy background against which Lesquende Limited's application will be determined.

My Committee believes that Senator Shenton's proposition should either be withdrawn, or debated in the very near future. Once this has been done, the Committee can fulfill its duty under the Island Planning Law to determine Lesquende Limited's application free of the uncertainty created by the Senator's pending proposition."

St. Martin 's Arsenal infill: Phase I.

THE STATES, adopting a Proposition of the Housing Committee –

1. approved Drawings Nos. 1120/1A/2D/3A/4/5 showing the Phase I development of St. Martin 's Arsenal, St. Martin , to provide two one-bedroomed flats;
2. authorised the Greffier of the States to sign the said Drawings on behalf of the States.

Le Pré de Martin Le Feuvre, Fields 253 and 254, Les Marais, Grouville .

THE STATES, adopting a Proposition of the Public Health Committee, approved the transfer of administration to the Island Development Committee of Le Pré de Martin Le Feuvre, Fields Nos. 253 and 254, Les Marais, Grouville .

Fishing Vessels (Safety Provisions) (Jersey) Regulations, 1988. P.123/88.

THE STATES, by virtue and in exercise of the powers conferred upon them by the Order in Council of the twenty-eighth day of March, 1771, made Regulations entitled the Fishing Vessels (Safety Provisions) (Jersey) Regulations, 1988.

Loan scheme to enable fishermen to conform to new safety standards. P.122/88.

THE STATES, adopting a Proposition of the Agriculture and Fisheries Committee, approved the introduction of a loan scheme for fishermen enabling them to conform to the safety standards specified in the Fishing Vessels (Safety Provisions) (Jersey) Regulations, 1988 and agreed that loans should be for a maximum period of five years at an interest rate of 6.5 per cent and should cover up to 90 per cent of the costs of remedial work.

Data Protection (Subject Access Modification) (Social Work) (Amendment) (Jersey) Regulations, 1988. P.130/88.

THE STATES, in pursuance of paragraph (2) of Article 28 and Article 40 of the Data Protection (Jersey) Law, 1987, made Regulations entitled the Data Protection (Subject Access Modification) (Social Work) (Amendment) (Jersey) Regulations, 1988.

Victoria College remedial work. P.132/88.

THE STATES, adopting a Proposition of the Education Committee, approved, in principle, the proposals for remedial work on all the deteriorating and decayed stonework at Victoria College as detailed in the report of the Education Committee dated September, 1988. Agriculture  (Loans)  (Amendment  No. 6) (Jersey) Regulations, 1988. P.134/88.

THE STATES, in pursuance of Article 2 of the Agriculture (Loans and Guarantees) (Jersey) Law, 1974, made Regulations entitled the Agriculture (Loans) (Amendment No. 6) (Jersey) Regulations, 1988.

Dairy industry: revised herd improvement scheme. P.135/88.

THE STATES, adopting a Proposition of the Agriculture and Fisheries Committee, approved in principle the introduction of a revised herd improvement scheme aimed at increasing the profitability of the Island dairy herd.

Highbury Court, St. Mark's Road, St. Helier (Phase II): approval of drawings. P.137/88.

THE STATES, adopting a Proposition of the Housing Committee –

1. approved Drawings Nos. 1535/01, 02,03,04,05,06,07 showing the Phase II development of Highbury Court, St. Mark's Road, St. Helier to provide one studio flat, two one-bedroomed flats and five two- bedroomed flats;
2. authorised the Greffier of the States to sign the said Drawings on behalf of the States.

Places of Refreshment (Amendment No. 4) (Jersey) Law, 1988. P.140/88.

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

Jersey Battle of Flowers Association: financial assistance. P.141/88.

THE STATES, adopting a Proposition of the Tourism Committee –

1. authorised the granting of a loan to the Jersey Battle of Flowers Association to assist with the construction of its new headquarters;
2. agreed that the loan should be in the sum of £75,000, should bear interest at the rate of 4 per cent a year and should be repayable in equal annual instalments over a period of10 years.

THE STATES rose at 12.10 p.m.

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