States Minutes 26th April 1988

THE STATES assembled on Tuesday, 26th April, 1988 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 Anne Baal – out of the Island.

Senator John Stephen Rothwell – out of the Island.

John Pepin Le Sueur , Connétable of St. John – out of the Island.

Edwin Le Gresley Godel, Connétable of St. Mary – ill.

Jack Roche, Deputy of St. Saviour – ill.

Patricia Ann Bailhache , Deputy of St. Helier – out of the Island.

____________

Prayers ____________

Doctor  Richard  Plender,  M.A.,  L.L.B.,  L.L.M.Pd.,  J.S.D. – welcome.

The Bailiff welcomed to the House Doctor Richard Plender, Reader in E.E.C. Law at Kings' College, London.

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

1. Fire Service (General Provisions) (Amendment No.11) (Jersey) Order, 1988. R & O 7747.

149   Price : £1.00

2. Road Traffic (Saint Helier) (Jersey) Order, 1988. R & O 7748.

Special Committee on the review of the machinery of government: appointment of members.

THE STATES considered nominations by Senator Reginald Robert Jeune and Hendricus Adolphus Vandervliet, Deputy of St. Lawrence , regarding the appointment of States' Members to the Special Committee on the review of the machinery of government, and, having proceeded to a ballot, appointed the following as Members –

Senator Richard Joseph Shenton

Senator Bernard Thomas Binnington

Senator John Stephen Rothwell

Senator Dereck André Carter

Iris Medora Le Feuvre, Connétable of St. Lawrence Sir Martin Le Quesne, Deputy of St. Saviour

Robin Ernest Richard Rumboll, Deputy of St. Helier Derek Ryder Maltwood, Deputy of St. Mary .

Annual Report and Accounts of the States for 1987.

The Finance and Economics Committee by Act dated 5th April, 1988, and in pursuance of Article 21(3) of the Public Finances (Administration) (Jersey) Law, 1967, as amended, presented to the States the Annual Report and Accounts of the States for the financial year ended 31st December, 1987.

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

Matters noted – land transactions.

THE STATES noted an Act of the Finance and Economics Committee dated 18th April, 1988, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Public Works Committee, the purchase from Mr. Barrie Lewis Hubert and Mrs. Patricia Mary Hubert, née de Gruchy, of204 square feet of land situated at La Mielle du Sud, Bel Royal, St. Lawrence , required in connexion with the provision of a footpath at La Mielle du Sud, for a consideration of £408, with the Committee's being responsible for the accommodation works and the payment of all legal fees;
2. as recommended by the Public Works Committee, the purchase from Mr. Malcolm Stuart Hickmott and Mrs. Gail Patricia Hickmott, née Baker, of624 square feet of land situated at Delamere, La Route du Pont Marquet, St. Brelade , required in connexion with the provision of a footpath along Rue du Pont Marquet, for a consideration of £1,248, with the Committee's being responsible for the accommodation works and the payment of all legal fees;
3. as recommended by the Public Works Committee, the purchase from Mr. George McDonald Thain and Mrs. Alice Christian Thain, née Fielding, of447 square feet of land situated at "Le Jardin de Francheville", Grouville , required in connexion with road improvement purposes, for a consideration of £894, with the Committee's being responsible for the accommodation works and the payment of all legal fees;
4. as recommended by the Housing Committee, the granting to Partina Limited of a contract servitude to allow the company right of vehicular access at all times and all purposes and the right to connect all the Committee services at La Grande Pièce to the new houses and garages, Nos. 1 to 5, at La Petite Pièce, La Grande Route de St. Pierre, St. Peter , for the sum of £5,000, with the company's being responsible for the payment of all legal fees;

5. as recommended by the Housing Committee, the granting to Partina Limited of a contract servitude to allow the company right of vehicular access at all times and all purposes and the right to connect all the Committee's services at La Grande Pièce to the new house and garage, No. 6, La Petite Pièce, La Grande Route de St. Pierre, St. Peter , for the sum of £1,500, with the company's being responsible for the payment of all legal fees;
6. as recommended by the Housing Committee, the granting to Partina Limited of a contract servitude to allow the company right of vehicular access at all times and all purposes and the right to connect all the Committee services at La Grande Pièce to the car parking area at La Petite Pièce, La Grande Route de St. Pierre, St. Peter , for the sum of £10, with the company's being responsible for the payment of all legal fees.

Matters noted – financial transactions.

THE STATES noted an Act of the Finance and Economics Committee dated 18th April, 1988, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that the Housing Committee had accepted the lowest of six tenders, namely that submitted by B and C Contractors Limited, in the sum of £205,712.16 in a contract period of six months for the construction of six one- bedroomed flats at Perrée Villas, Valley Road, St. Saviour .

Draft Sea-Fisheries (Miscellaneous Provisions) (Amendment No. 3) (Jersey) Regulations, 198 . P.142/87. Withdrawn.

THE STATES noted that the Agriculture and Fisheries Committee had withdrawn the Draft Sea-Fisheries (Miscellaneous Provisions) (Amendment No. 3) (Jersey) Regulations, 198 (lodged on 25th August, 1987).

Weighbridge area and Albert Pier reclamation site: first phase. P.37/88.

THE STATES acceded to the request of the Vice-President of the Island Development Committee that consideration of paragraphs (c), (d) and (e) of the Proposition relating to the reclamation site at the Weighbridge area and Albert Pier (lodged on 29th March, 1988 and partially debated on 19th April, 1988) be deferred from today's Sitting to 24th May, 1988.

Hedgerows. Questions and answers.

Senator Terence John Le Main asked Senator Pierre François Horsfall, President of the Agriculture and Fisheries Committee, the following questions –

"1. Can the President inform the house if the Agriculture

and Fisheries Committee has any power to stop land owners cutting out hedgerows for the purpose of enlarging fields?

2. Can the President confirm that if a householder wanted to make as material a change in the appearance of his home as a land owner or farmer does in amalgamating two or more fields by cutting out hedgerows, permission would have to be given by the Island Development Committee?
3. Among the range of services offered by the Department of Agriculture and Fisheries to growers and land owners, is specific advice available on the advantages or otherwise of a programme by creating and/or replacing hedgerows?
4. Can the President tell the House if there are advantages to the agricultural industry in having a programme for hedgerow creation and/or replacement?

5. If the answer to question 4 is yes, is the President prepared to seek funds from the House as soon as possible to encourage growers and land owners to plant a greater number of trees and hedgerows?"

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

"1. The Agriculture and Fisheries Committee has no

powers to stop landowners cutting out hedgerows for the purpose of enlarging fields.

2. This question should, I believe, have been directed to the President of the Island Development Committee. I do, however, agree that the amalgamating of two or more fields undoubtedly produces a material change in the appearance of the landscape.
3. The Department of Agriculture and Fisheries offers a very wide range of services to growers and landowners and advice is available on the advantages or otherwise of a programme of creating and/or replacing hedgerows. In addition, the Department has access to the various specialised services of the Agricultural Development and Advisory Services and specialists have been brought to the Island from time to time to advise on these matters. The whole of the Department's efforts in this direction are to the creation of more effective hedgerow windbreaks rather than their elimination.
4. There is undoubtedly a very positive advantage to the agricultural industry in having a programme for hedgerow creation and/or replacement. Over the years many farmers have carried out tree and hedgerow planting, either of their own volition or in consultation with the Agriculture and Fisheries Department and/or with the help and guidance of the Department of Public Building and Works.

5. I am not prepared in isolation to seek funds from the House to encourage farmers, growers and landowners to plant a greater number of trees and hedges. The Public Works Committee has recently reconstituted the Tree Council under the chairmanship of Mr. Norman Le Brocq and undoubtedly that body will be producing a report on the need to encourage all growers and landowners to carry out a programme of planting. For Agriculture to produce a plan in isolation would, I believe, be counter-productive. However, I would support any request to this House for funds to enable a comprehensive planting programme to be undertaken. The support would beon the condition that the authority responsible for such a programme took due note of the type of material tobe used and the types of woodland, shelter belts and hedgerows that were required for the well-being of the Island as a whole rather than agriculture in isolation.

In conclusion, the implication of these questions is that there is widespread removal of hedgerows for the purpose of amalgamating fields. I have to say that my Department is not aware of any significant removals in recent years and would ask Senator Le Main to inform us of any locations of which he is aware."

Elm trees. Questions and answers.

Senator  Terence  John  Le Main  asked   Deputy  John Le Gallais of St. Saviour , President of the Public Works Committee, the following questions –

"1. Can the President tell this House when his Department

first started felling diseased elms and when did it finish?

2. Can the President tell this House how much it cost, i.e. the final cost of the whole project over the years?
3. Can the President tell this House, since the felling of diseased elms ceased, how much per year has been spent on replanting new trees/hedgerows?
4. Can the President tell this House whether his Committee has any plans either monetary or otherwise which he will bring to this House for a re-afforestation programme for Jersey?"

The President of the Public Works Committee replied as follows –

"1. The Agriculture and Fisheries Committee obtained

powers to deal with Dutch Elm disease, by felling affected trees, on 5th December, 1974. These powers and responsibilites were transferred to the Public Works Committee on 17th October, 1978. They were revoked, and felling by the Committee, on land other than that owned by the States, ceased on 27th October, 1982.

2. The total cost of the sanitation campaign from 1974 to 1982 was £740,103 including the amount spent by the Agriculture and Fisheries Committee.
3. The Committee have planted 15,000 trees/annum since the sanitation programme ceased. Much of this planting has been carried out using the labour provided under the special employed scheme, and therefore accurate costs are difficult. However, the Committee is currently spending approximately £70,000/annum on tree/hedge planting and maintenance.

4. The Public Works Committee have recently reformed the Jersey Tree Advisory Council as a sub-committee, and have given them a brief to produce a comprehensive Ten Year Plan' to deal with trees in Jersey. This will include plans for planting, recommendation for funding, and the future maintenance of trees in the Island. The brief was given to the States in the Statement made to this House on 26th January, 1988."

Royal Court Road. Questions and answers.

Senator  Terence  John  Le Main  asked   Deputy  John Le Gallais of St. Saviour , President of the Public Works Committee, the following question –

"In view of an assurance given to me that Public Works were looking at alternative parking to the Royal Square for States' Members can the President give this House the progress made in this investigation?"

The President of the Public Works Committee replied as follows –

"It is the ambition of the Public Works Committee that this building should be refurbished in order to improve and bring up to date the standard of accommodation and facilities it offers to the Bailiff s, the Jurats, States' Members, the Crown Officers and everyone else who needs to work in the building.

It is the Committee's intention to include in the terms of reference to whoever is appointed to investigate the changes that should be made to the building, that the possibility of alternative arrangements for the parking of Members' cars elsewhere than in Royal Court Road should be considered. At present, the development proposed by the Island Development Committee for the reclamation site west of the Albert Pier (P.37) is receiving the undivided attention of the Department. Later this year the Committee will turn its attention to this building, and to this end is proposing an additional capital sum for planning purposes in the 1989 Budget."

Supplementary and Additional Votes of Credit.

THE STATES considered an Act of the Finance and Economics Committee  dated  18th  April,  1988,  presenting  Acts  of  all  the undermentioned Committees and, acceding to the requests contained therein,  granted  to  the  said  Committees'  Supplementary  (S)  and Additional  (A)  votes  of  credit  out  of  the  General  Reserve  as follows –

S  A

£ £

Finance and Economics Committee

Bailiff 's Chambers

0305  Establishment  1,500

Crown Officers' Department

0311  Staff  35,300 0312  Premises  1,000 0313  Supplies and Services  500 0315  Establishment  800

Probation Service

0351  Staff  10,000 Impôts Department

0362  Premises  700

Economic Adviser's Department

0421  Staff  26,200 0425  Establishment   2,000

Carried forward  78,000

£ £

Finance and Economics Committee cont'd.

Brought forward  78,000

Commercial Relations Department

0431  Staff  26,000 0432  Premises  3,000 0433  Supplies and Services  138,800 0435  Establishment   1,000

Total request  246,800

Defence Committee

Miscellaneous

1024  Royal Navy Auxiliary

Service  4,500

Immigration and Nationality

1104  Transport  3,400

Motor Traffic Office

1123  Supplies & Services  24,000 1125  Establishment  12,000

Police

1201  Staff  159,600 1205  Establishment  17,000

Fire Service

1301  Staff   4,200

Total request £224,700  220,200  4,500

£ £

Education Committee

Child Welfare

2912  Staff  32,300

Administration

3152  Staff  39,600 Total request  71,900

Public Health Committee

Community Health Services

3207  Health and Social Services –

Miscellaneous  190,500

Grants

3217  Bournemouth Hospital

Appeal  100,000 3218  Wessex Medical School

Trust   200,000 Total request £490,500  190,500  300,000

Agriculture and Fisheries Committee

4132  Aid to the Dairy Industry  40,000

4140  Advertising, market

research and financial

assistance for approved

schemes to encourage

co-operation among

producers  40,300

4149  Market Development   50,000 Total request £130,300  80,300  50,000

£ £

Cottage Homes Committee

4901  Staff  2,800 Housing Committee

5401  Staff  32,000

CAPITAL VOTES OF CREDIT Defence Committee

Motor Traffic Office

CO136  Equipment for Test Station  6,000 Police

CO134  Crabbé Range

Improvements  10,000

Fire

CO139  Replacement Fire

Appliance  2,500 Total request  18,500

Public Works Committee

CO356  Sand Street Multi-Storey

Car Park – Improved Lift

Facilities  5,000 Resources Recovery Board

CO458  Sludge Treatment Plant  1,705,000

£ £

Housing Committee

C1103  Building, Purchase &

Rehabilitation of Dwellings:

Hampshire Gardens,

Phase II  115,000 Le Jardin du Crocquet  84,300 Perrée Villas  26,300

Total request  225,600

The total requests granted for the April Supply Day amounted to £3,153,100.

Don Westaway Council: membership.

THE STATES, adopting a Proposition of the Education Committee, approved, in accordance with the provisions of Article 12 of the Westaway Trust (Jersey) Law, 1930, the nomination of Mrs. Sheila Cooper (née Wright) in place of the late Mr. Cyril George Millar as a member of the Don Westaway Council.

6 Plaisance Terrace, St. Saviour : acquisition.

THE STATES, adopting a Proposition of the Housing Committee –

1. referred  to  their  Act  dated  8th  December,  1987, and authorised the Housing Committee to purchase on behalf of the  public  from  Mr. Harry  Reginald  Huish, the property No. 6 Plaisance Terrace, La Route du Fort, St. Saviour , for the sum of £240,000 for the realty with each side being responsible for the payment of its own legal fees;

2. agreed that the said property should be used for the purpose of providing a refuge for battered wives, on a trial basis, for a period of two years initially;
3. agreed to lease the said property to the Jersey Women's Refuge for that purpose for a period of two years initially, at a rent to be negotiated;
4. authorised the payment or discharge of the expenses to be incurred in connexion with the acquisition of the said property, and all legal expenses from the Housing Committee's vote of credit Land purchase' (C.1104);
5. authorised the Attorney General and the Greffier of the States to pass on behalf of the public any contract it might be found necessary to pass in connexion with the acquisition of the said land and any interests therein.

Sewage treatment works: extension.

THE STATES, adopting a Proposition of the Resources Recovery Board, approved the revised scheme to provide an extension to the sewage treatment works at Bellozanne, as detailed in the Resources Recovery Board's report dated 22nd February, 1988.

Dwelling-Houses (Rent Control) (Amendment No. 4) (Jersey) Law, 1988. P.42/88.

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

Company Securities (Insider Dealing) (Amendment) (Jersey) Law, 1988. P.45/88.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Company Securities (Insider Dealing) (Amendment) (Jersey) Law, 1988.

Liberation Day. P.41/88.

THE STATES commenced consideration of the Proposition of Senator Richard Joseph Shenton, and having agreed to the deletion of the words "Tourism and" in paragraph 2 –

1. restated their belief in the celebration of May 9th Liberation Day as a Public Holiday;
2. requested the Education Committee to consider the staging of events to commemorate this historic day;
3. requested all employers to ensure that those employees who had to work on this day be granted a day off in lieu.

THE STATES rose at 12.55 p.m.

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