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STATES MINUTES 1 2 th December, 1989 P r ic e : # 1 .5 0
THE STATES assembled on Tuesday, 12th December, 1989 at 10.15 a.m. under the Presidency of the Deputy Bailiff ,
V e rnon Amy Tomes, Esquire.
_ ___________
All Members were present with the exception of -
L eonard René Hamel, Connétable of St. C lement - ill.
E nid Clare Quénault, Connétable of St. B relade - ill.
S ir Martin Le Quesne, Deputy of St.
S aviour - out of the Island.
M argaret Sylvia Rose Beadle, Deputy of S t. Brelade - out of the Island.
_ _ _ _ _ _______
P r a y e rs
_ _ _ _ _ _______
Tribute to the late Mr. A.J.
Scriven, former Member of the House.
The Deputy Bailiff paid tribute to
the late Mr. Arthur James Scriven, a former 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 -
1 . Telecommunications (Telegrams) ( A m endment No. 6) (Jersey) Order, 1 9 8 9. R & O 8003.
2 . Telecommunications (Telephones)
( A m endment No. 15) (Jersey) Order,
1 9 8 9. R & O 8004.
3 . Public Finances (General)
( A mendment No. 16) (Jersey) Rules, 1 9 8 9. R & O 8005.
Establishment Committee:
resignation and appointment of member.
THE STATES noted the resignation
of Deputy Robin Ernest Richard Rumboll of St. Helier from the Establishment Committee and appointed Deputy Thomas James Jordan of St. Brelade in his place.
Jersey Council for Safety and
Health at Work: report and accounts for 1988/89. R.C.21.
The Social Security Committee by
Act dated 7th December, 1989, presented to the States the Report and Accounts of the Jersey Council for Safety and Health at Work for the year 1st October, 1988 to 30th September, 1989.
THE STATES ordered that the said Report and Accounts be printed and distributed.
Matter noted - financial transaction.
THE STATES noted an Act of the
Finance and Economics Committee dated 16th October, 1989, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that the Harbours and Airport Committee had accepted the lowest
of four tenders, namely that submitted by D.C. Allen Limited in the sum of
#242,669.26 in a contract period of 32
weeks for the construction of a weather
radar tower and building at La Rue Baal, La Moye, St. Brelade.
Matters lodged.
The following subjects were lodged au Greffe'' -
1 . West of Albert Pier: temporary b u i lding for agricultural produce. P . 1 58/89.
P r e sented by the Agriculture and F i s heries Committee.
2 . Draft Residential Care Homes
( R e gistration) (Jersey) Law,
1 9 . (P.98/89): amendment.
P . 1 59/89.
P r e sented by the Connétable of St. H el ier.
3 . Howard Davis Park tea garden: l e as e. P.160/89.
P r e sented by the Public Works C o m mittee.
Effect of Single Market throughout
the European Community in 1992. Questions and answers.
Deputy Maurice Clement Buesnel of St. Helier asked Her Majesty's Attorney General the following questions -
Q uestion 1
With the introduction of the Single
M arket throughout the European
C ommunity nations in 1992, would the A ttorney General say that this allows
i n relation to Jersey's own position -
( a) the free movement of all goods
o r ig inating in the Member states,
w it hout levies and without
r e st rictions, excepting those
c a s es where derogations have been n e g otiated?
( b) services commonly in use in member n a ti ons similarly to be entirely
t ra n sferable between nations, i.e.
i n su rance, banking, law, etc.?
( c) professional qualifications gained i n o ne country of the community
a u to matically to be accepted
t h ro ughout the community for use i n a ny member country?''
H er Majesty's Attorney General replied a s follows -
In considering the legal effects for
J ersey of the introduction of a Single M arket in 1992 it is well to keep in
m ind the provisions of Article 227 of t he EEC Treaty, as amended by the
T reaty of Accession. The relevant part
o f that Article provides -
T h is Treaty shall apply to the
C h a nnel Islands ..... only to the
e x te nt necessary to ensure the
i m p lementation of the arrangements f o r those islands set out in the
T r e aty .....'.
T hose arrangements were set out in P rotocol No. 3 to the Treaty of
A ccession, Article 1.2 of the Protocol p rovides that in respect of industrial a nd agricultural products -
su c h provisions of
C o m munity rules, in particular
t h o se of the Act of Accession, as
a r e necessary to allow free
m o vement and observance of normal c o n ditions of competition in trade
i n t hese products shall also be
a p p licable.'
I t follows that, irrespective of the
i ntroduction of a Single Market,
J ersey is under an obligation to
c omply with Community rules allowing free movement of industrial and
a gricultural products to and from the
E uropean Community except where
d erogations have been specifically
n egotiated.
A s to services, by which I assume the D eputy to be speaking of the freedom t o establish services, the legal
p osition is that Jersey is not
a ffected by the Single European Act. T hat is not to say that measures
a dopted in the Community to facilitate t he free movement of workers and
f reedom of establishment will not
r equire careful monitoring in the
I sland. Although in law they do not
a pply to Jersey, they will apply to t he United Kingdom and may thus affect t he interests of Jersey residents. But
s o far as the marketing of services
s uch as insurance and banking are
c oncerned Jersey is in the same
p osition as third countries vis-à-vis
t he European Community.
S o far as professional qualifications
a re concerned the European Commission i s promoting measures which are
d esigned to harmonise so far as
p racticable the recognition of
q ualifications as part of its
e ndeavour to promote the freedom to
s upply services. As a matter of law
n one of these measures will apply to
J ersey.
I t may be worth adding however that
t he Constitution Committee (as it then w as) and the Defence Committee have r eceived advice from Dr. Richard
P lender, Q.C., as to the legal effect
o f Article 4 of the Protocol. That
A rticle provides -
T h e authorities of [Jersey] shall a p p ly the same treatment to all
n a tu ral and legal persons of the C o m munity'.
D r. Plender's advice (and I summarise) i s that Article 4 requires Jersey to
a pply the same treatment, irrespective
o f nationality, to all natural and
l egal persons of the Community,
i ncluding British citizens, once those p ersons have gained admission to
J ersey. On the assumption that that
a dvice is accepted, there are a number
o f areas where the States may have to i ntroduce legislative amendments so
t hat the Island complies with its
o bligations under Community Law.''
S upplementary questions and answers.
D eputy Buesnel - In view of what the A ttorney General has said in reply to q uestion 1, does this mean that French n ationals who have lived here for a
n umber of years and have not had the v ote, will they in 1992 be entitled to
v ote in Jersey elections?''
H .M. Attorney General - I think
S ir, that that is an important
s upplementary question. I did not have n otice of it, and I think I should
l ike to ask the Deputy for notice of
i t, and I shall be prepared to answer
i t in due course.''
S enator P.F. Horsfall - As the
D eputy has raised the question of
F rench nationals, my interpretation of t he reply at the top of the second
p age would lead me to ask whether the p resent practice of the States of
J ersey not permitting French Nationals ( even though they are residentially
q ualified) even to have an interview
f or employment with the States of
J ersey, does that mean that in the
f uture this will have to change?''
H .M. Attorney General - I think it
m ay be helpful to the Senator and to
t he House to know that having
c onsulted with the Economic Adviser, I h ave put specific questions to Dr.
R ichard Plender, and insofar as the
I sland's obligation to treat community n ationals equally is concerned, when
o ne looks at the public service. In
t he community itself, there are
s pecial rules which govern the
e mployment of persons in the civil
s ervices of the different member
s tates and the extent to which our
o bligations under the protocol are
a ffected by the Treaty is a matter
w hich I have agreed to put and have
i ndeed put to Dr. Plender, and, I have
n o doubt that the committees concerned m ay wish to make a public statement in t hat respect in due course.''
D eputy Buesnel - Q uestion 2
Will the Single Market entail
c hanges in our own laws, which at p resent outlaw some practices for g ain, but which are not unlawful in m ember nations?''
H er Majesty's Attorney General -
Subject to what I have said above, t he Single Market will not in my
o pinion oblige Jersey to alter its law
i n relation to the practice of
c lairvoyance for gain, to which I
a ssume the Deputy is referring.''
Public sector pay. Statement.
The President of the Establishment Committee made a statement in the following terms -
With one exception, all the public
s ector pay groups have settled their
p ay claims, not only for 1989, but
a lso for 1990. Generally the
s ettlements have been made on the
b asis of not exceeding cost of living
f or 1989, two per cent on 1st January, 1 990 and cost of living from 1st June, 1 990. Therefore, the Committee will n ot have to enter into further
n egotiations until the spring of 1991.
I wish to pay tribute to the
r epresentatives of the various Groups
f or the courteous and professional
m anner in which the negotiations were c onducted. I also wish to thank most
s incerely Mr. Mike de Bourcier, the
E mployee Relations Manager, who has b een responsible for these
n egotiations on the Committee's
b ehalf.
U nfortunately, at this time one Group h as not settled - the Further
E ducation lecturers - but I sincerely h ope that this long outstanding claim c an be finalised by the end of this
y ear.
I n conclusion, I thank the members of m y Committee for their support and
l oyalty.''
Population growth: future strategy (P.145/89) - withdrawal of paragraph 7. Statement.
The President of the Policy and
Resources Committee made a statement in the
following terms -
Members will recall that at the
m eeting of the States on Tuesday, 5th D ecember, it was agreed to defer
f urther consideration of paragraph 7
a ttached to the Policy and Resources
C ommittee's proposition and report on p opulation growth: future strategy
( P.145/89).
I have now given the matter some
m ore thought and, in the light of the
v arious views expressed in the States
d uring the brief discussion on the
p aragraph, I have decided to withdraw i t. The States in January 1987 laid
d own policy guidelines for the Housing C ommittee to follow in its
c onsideration of applications under
R egulation 1(1)(j) and (k) of the
H ousing Regulations and the President
o f that Committee assures me that his C ommittee are in fact following those g uidelines. Moreover, the Economic
A dviser's advice is sought on
a pplications and I am satisfied that
t he co-ordination of policies
e nvisaged in paragraph 7 will be
a chieved.''
Supplementary and Additional Votes of Credit.
THE STATES considered an Act of
the Finance and Economics Committee dated 13th November, 1989 presenting Acts of 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
0 301 Staff 2 , 8 0 0
Crown Officers Department 0 311 Staff 4 0 ,2 00
Judicial Greffe
0 321 Staff 1 8 ,2 00
Viscount's Department
0 331 Staff 1 9 ,0 00 0 336 Inquests 2 ,5 00
Police Court
0 341 Staff 1 2 ,9 00
Probation Service
0 351 Staff 5 , 0 0 0
Income Tax Department
0 371 Staff 5 6 ,2 00
Official Analyst's Department
0 381 Staff 1 0 ,100
0 388 Capital servicing 8 , 4 0 0
States Greffe
0 391 Staff 1 4 ,4 00
States Greffe Printing Section
0 401 Staff 5 ,7 0 0
ca r r ie d forward 187,000 8,400 S A
# #
Finance and Economics Committee
(cont'd)
b ro u g h t forward 187,000 8,400
States Treasury
0 411 Staff 2 2 ,2 00
0 418 Capital servicing 1 5 ,5 0 0
Economic Adviser's Department
0 428 Capital servicing 4 , 1 0 0
Christmas bonus payments 0 501 6 7 ,0 0 0
Establishment of H.E. the Lieutenant Governor
0 701 Staff 1 3 ,8 00
Total request #318,000 290,000 28,00 0
Defence Committee
Civil Emergency
1 051 Staff 1 , 4 0 0
Immigration and Nationality Department 1 101 Staff 2 0 ,8 00
Motor Traffic Office
1 121 Staff 1 3 ,4 00
Police
1 201 Staff 3 2 4 ,900
Fire Service
1 301 Staff 1 0 5 ,400 T o ta l r equest 465,900
S A
# #
Public Works Committee
Administration
2 001 Staff 8 9 ,8 00
2 002 Supplies and services 4,200 2 004 Transport 2 , 000
2 005 Establishment 8 , 000
Coast protection
2 021 Staff 1 8 ,5 00
2 023 Supplies and services 6,900 2 024 Transport 1 , 500
Car parks
2 031 Staff 2 8 ,6 00
2 032 Premises 1 2 ,200
2 033 Supplies and services 7,800 2 034 Transport 2 , 100
Highways and public land - maintenance
and minor improvements
2 051 Staff 2 1 ,4 00
2 053 Supplies and services 111,400 2 054 Transport 4 , 800
Highways, public land, beaches
and toilets - cleaning
2 061 Staff 5 8 ,9 00
2 063 Supplies and services 17,600 2 064 Transport 9 , 000
Public buildings
2 081 Staff 2 5 ,6 00
2 082 Premises 1 18,200
2 084 Transport 1 ,4 00
ca r r ie d forward 549,900
S A
# #
Public Works Committee (cont'd) b ro u g h t forward 549,900
Public parks and gardens
2 091 Staff 8 2 ,8 00
2 092 Premises 8 ,5 00
2 093 Supplies and services 14,700 2 094 Transport 8 , 800
Trading Standards
2 101 Staff 1 4 ,2 00
2 102 Premises 5 ,8 00
2 103 Supplies and services 2,200 2 104 Transport 4 0 0
2 105 Establishment 7 0 0 T o ta l r equest 688,000
Education Committee
Primary education non-fee paying
2 501 Teaching staff 2 3 8 ,700 2 502 Non-teaching staff 3 5,900
Secondary education non-fee paying 2 601 Teaching staff 2 0 5 ,700 2 602 Non-teaching staff 3 1,500
Victoria College
2 611 Teaching staff 5 8 ,4 00
2 612 Non-teaching staff 1 6,700
Jersey College for Girls
2 631 Teaching staff 6 4 ,8 00
2 632 Non-teaching staff 1 1,600 ca r r ie d forward 663,300
S A
# #
Education Committee (cont'd) b ro u g h t forward 663,300 Vocational and non-vocational
2 701 Teaching staff 1 0 2 ,500 2 702 Non-teaching staff 2 5,000
Special education
2 801 Teaching staff 5 3 ,3 00
2 802 Non-teaching staff 1 3,300
2 806 Handicapped children 23,000
Scholarships, grants and cost of
advanced education
2 856 Grants to students 3 10,700
Sports and recreation
2 880 Maintenance of
p l a y in g fields 3 7 ,0 00
Child welfare
2 912 Staff 5 2 ,5 00
Public libraries
3 002 Staff 2 8 ,7 00
3 004 Premises 1 0 ,000
Advisory Training Council 3 020 1 , 1 0 0
Job Opportunity Scheme
3 030 1 ,1 0 0
ca r r ie d forward 1,321,500
S A
# #
Education Committee (cont'd)
b ro u g h t forward 1,321,500
General educational services
3 101 In-Service training
f o r te a chers 2 , 3 0 0
3 102 H.M. Inspectorate 1 ,2 00 3 104 Conference, course
a n d t r avel expenses 5,200
3 107 Housing and recruitment
o f s t af f 5 ,3 00
3 108 Equipment and materials
f o r s c hools 6 ,400
3 109 School milk 6 ,200
3 110A Maintenance and rental
o f e q u ipment 3 , 2 0 0
3 111 Transport of
s c h o o lchildren 1 4 ,0 00
Administration
3 152 Staff 3 7 ,0 00
Advisory Service
3 171 Staff 1 6 ,0 00
The Youth Service
3 182 Staff 1 4 ,1 0 0
T o ta l r equest 1,432,400
S A
# #
Public Health Committee
Community Health Services 3 201 Staff 5 6 ,8 00
3 206 Incentive payments - L e G e yt 1 3 ,500
Grants
3 211 Family Nursing Services 42,800 3 212 Home Helps Society 20,600
3 219A Les Amis 7 5 ,0 0 0
General and acute services
3 221 Staff 1 , 0 83,200
Group administration
3 231 Staff 1 1 ,4 00
St. Saviour 's Hospital
3 241 Staff 3 9 5 ,600
Care of the elderly
3 251 Staff 3 5 6 ,800
Ambulance service and transport 3 261 Staff 5 6 ,000
Laundry trading account
3 271 Staff 1 9 ,9 0 0
Total request #2,131,600 2,056,600 7 5,000
S A
# #
Resources Recovery Board
Administration
4 003 Supplies and services 3 00 4 005 Establishment 9 ,3 0 0
Waste treatment and disposal
4 016 Waste treatment
a n d d i sposal 1 0 5 , 400
4 017 Refuse tips 12,000
4 018 Drainage 7 6 ,400
4 019 Septic tank emptying 15,600 4 020 Minor capital expenditure 2,10 0
4 021 Exceptional repairs 4,500
T o t a l request 225,600
Agriculture and Fisheries Committee
Administration
4 101 Staff 6 1 ,9 00
Howard Davis Farm
4 111 Staff 2 3 ,9 00
Slaughterhouse
4 121 Staff 2 , 8 0 0
Subsidies and grants
4 142 Agricultural loans -
i n te r e st subsidy 3 4 0,000 4 143 Growers - interest
s u b s id y scheme 5 0 ,0 00
Artificial insemination & semen bank scheme
4 151 Staff 1 ,8 0 0 T o t a l request 480,400
S A
# #
Tourism Committee
Administration
4 601 Staff 3 6 ,4 00
Advertising, publicity and
promotional expenses
4 614 Paris office 5 , 0 0 0
T o t a l request 41,400
Etat Civil Committee
4 701 Staff 1 , 3 00
Social Security Committee
Services related to employment 4 821 Job Centre 4 ,000
4 821A Employment of the
d i sa b l ed 9 ,8 00
4 822 Safeguarding of workers 5,000 T o t a l request 18,800
Cottage Homes Committee 4 901 Staff 3 , 8 00
Establishment Committee
States Personnel Department
Personnel and Organisation Divisions 5 101 Staff 2 9 ,2 00
5 106 States training schemes 4,200
Computer Services Division 5 121 Staff 3 0 ,0 00
T o t a l request 63,400
S A
# #
Island Development Committee
Administration
5 201 Staff 1 5 ,5 00
5 205 Establishment 5 ,5 0 0
T o t a l request 21,000 Housing Committee
Administration
5 401 Staff 2 3 ,8 00
5 402 Premises 5 0 0
5 405 Establishment 1 6 , 0 00
States houses
5 411 Staff 1 7 ,1 00
5 412 Maintenance of States
d w el l ings 2 0,000
5 416 Maintenance of
c o m m unal areas 6 , 6 0 0
T o t a l request 84,000
Fort Regent Development Committee
Main complex
5 741 Staff 6 5 ,7 00
External amenities
5 751 Staff 9 , 1 0 0
Swimming pool
5 781 Staff 7 , 3 0 0
T o ta l request 82,100
S A
# #
Industrial Relations Committee
6 301 Staff 1 , 0 00
Royal Visit Committee
6 801 General expenses 1 05,000
Harbours and Airport Committee La Collette reclamation scheme
1 618 Capital servicing 8 ,000 Harbours and Airport Committee
1 608 Capital servicing
( H a r b ours) 600,000 1 706 Airport operating
e x p e n ses 1 00,000
T o t a l request 700,000
Postal Committee
6 100 Operating expenses 65,000
CAPITAL VOTES OF CREDIT Defence Committee
Fire Service
C 0145 New radio communi-
c a ti o n system 1 8 ,0 0 0
S A
# #
Public Health Committee
General and acute services General Hospital
C 2724 Conversion - Maternity
H o sp i tal,
S t . S a viour's Road 2 5 ,0 0 0
Ambulance and transport
C 2744 Ambulance vehicle 2 6 ,3 0 0
T o t a l request 5 1 , 300 Housing Committee
C 1103 Building, purchase a n d r e habilitation of
d w el l ings 1 ,784,400
Harbours and Airport Committee
C 0240 Port of St. Helier -
g e n e r al development 216,900
The total requests granted for the December Supply Day amounted to #9,007,300.
Ambulance Station extension:
approval of drawings.
THE STATES, adopting a Proposition of the Public Health Committee -
( a) approved Drawings Nos. 2672/4, 2 6 7 2/23 and 2672/25, showing an e n la rged control room, a staff
t ra i ning centre, additional
s to r age space and staff facilities
a t t he Ambulance Service
H ea dquarters in Rouge Bouillon, S t . Helier;
( b) authorised the Greffier of the
S t a tes to sign the said Drawings
o n behalf of the States.
St. Saviour 's Hospital garden
recreation area: purchase and sale of land.
THE STATES, adopting a Proposition
of the Public Health Committee, agreed in connexion with the provision of a garden recreation area for patients at St. Saviour's Hospital, the following transactions and agreed to pay all legal fees thereby incurred -
( a) the purchase from Derrick Gordon L e Cornu and Anne Le Cornu, née M a cready, of Field 912, Grouville , m ea suring approximately 1.7
v e r gées for the sum of #3,000;
( b) the sale to Derrick Gordon Le
C o r nu and Anne Le Cornu, née
M a cready, of Fields 596 and 911,
G ro uville measuring approximately 3 . 5 vergées for the sum of
# 6 , 000;
( c) to authorise the Treasurer of the S t a tes to pay the appropriate sum
o u t of the vote of credit 3242 -
S t . Saviour's Hospital - Premises;
( d) to authorise the Attorney General a n d the Greffier of the States to
p a s s the necessary contracts in
t h e matter.
St. Saviour 's Hospital: new
pumping station.
THE STATES, adopting a Proposition of the Public Health Committee, agreed -
( a) to transfer to the Resources
R e c overy Board the administration
o f a n area of land at St.
S a v iour's Hospital, as outlined on D ra wing No. JSH/312, required in c o n nexion with a new pumping
s ta t ion at St. Saviour's Hospital;
( b) to authorise the Greffier of the
S t a tes to sign the said Drawing on b e h alf of the States.
No. 25 The Parade, St. Helier : lease.
THE STATES, adopting a Proposition of the Public Health Committee -
( a) approved the lease of No. 25 The
P a r ade, St. Helier , by the
C o m mittee, from The John Clive Le S e e lleur Trust for a period of
2 1 years from 15th March, 1989, at a n i nitial annual rent of #15,000
t o b e reviewed and negotiated in
l in e with fair market rentals
e v e ry three years;
( b) authorised the Treasurer of the S t a tes to pay the appropriate
a m o unts out of vote No. 3222
G eneral and Acute Services - P r e mises'';
( c) authorised the Attorney General a n d the Greffier of the States to
p a s s the necessary contract.
Le Marais, St. Clement : infill development.
THE STATES, adopting a Proposition of the Housing Committee -
( a) approved Drawings No. 3557/05E, 0 6 E , 07F, 08C and 09A showing the i n fi ll development at Le Marais,
S t . Clement, to provide 34 two-
b e d roomed and 6 one-bedroomed
u n i ts of accommodation;
( b) authorised the Greffier of the
S t a tes to sign the said Drawings
o n behalf of the States;
( c) agreed that the units of
a c c ommodation be either sold or l e as ed on contract leases;
( d) approved, in principle, the
w ri ting off of abnormal site works c o s ts;
( e) authorised the Finance and
E c o nomics Committee to make
a v a ilable bridging finance under
A rt icle 7(1)(e) of the Public
F i n ances (Administration) (Jersey) L a w , 1967, as amended;
( f) authorised the Attorney General a n d the Greffier of the States to p a s s the necessary contracts.
Transfer of Functions (Elizabeth House Committee) (Jersey) Act, 1989.
THE STATES, in pursuance of
Article 29 of the States of Jersey Law, 1966, made an Act entitled the Transfer of Functions (Elizabeth House Committee) (Jersey) Act, 1989.
Les Vaux Trust Housing Association: grant of loan.
THE STATES, adopting a Proposition
of the Finance and Economics Committee -
( a) authorised the granting of a loan t o L es Vaux Trust Housing
A ss ociation in the sum of
# 5 , 900,000, to enable the Trust
t o -
( i) purchase Troy Court, Grand V a u x, St. Helier and St.
S a v io u r, at a price of
# 5 ,1 5 0 ,000;
( ii ) purchase Vale Court, Trinity R o a d , St. Helier , at a price
o f # 4 5 0,000; and
( ii i) provide for immediate m a i n te n a nce costs and le g a l f e es amounting to
# 3 0 0 ,0 0 0 ;
( b) agreed that the loan should be at a r a te of interest of four per
c e n t per annum and should be
r e p ayable over a period of 20
y e a rs on terms to be agreed with t h e Finance and Economics
C o m mittee;
( c) agreed that the loan should be
s u b ject to the condition that no
p e r sons shall be allowed to occupy a n y accommodation in the
p r o perties without the prior
n o t ice and agreement of the
H o using Committee.
Family Allowance Tribunal: appointment.
THE STATES, adopting a Proposition
of the Social Security Committee and in pursuance of Article 1 of the Family Allowances (Jersey) Law, 1972, as amended, appointed the undermentioned as chairman and members of the Family Allowance Tribunal for a period of three years from
1st January, 1990, namely -
A d vocate Robert George Day -
C h a irman
A d vocate Alan Richard Binnington M r s. Audrey Vivienne Jackson
M r s. Ruth Hambly
M r . Bernard Louis Dubras
M r s. Jill Meredith Clapham.
Health Services Disciplinary Tribunal: appointment.
THE STATES, adopting a Proposition
of the Social Security Committee and in pursuance of Articles 1 and 36 of the Health Insurance (Jersey) Law, 1967, as amended, appointed the undermentioned as chairman, deputy chairman and members of the Health Services Disciplinary Tribunal for a period of three years from 1st January, 1990, namely -
A d vocate David Eldon Le Cornu - C h a irman;
M r . Conrad Edwin Coutanche -
D ep uty Chairman
M r s. Sheila Minnie Daphne Billot M r . Trevor Jones Williams
M r s. Ruth Janet Syvret
M r . Philip Rolph Daubeney
M r . Anthony Browne
M r . Gerald Francis Voisin.
Social Security Tribunal: appointment.
THE STATES, adopting a Proposition
of the Social Security Committee and in pursuance of Article 1 of the Social
Security (Jersey) Law, 1974, as amended, appointed the undermentioned as chairman and members of the Social Security Tribunal for a period of three years from 1st
January, 1990, namely -
A d vocate Mrs. Anita Sarelle
R e g al - Chairman
M r . Bernard Louis Dubras
M r . Michael Bernard Kavanagh M r s. Daphne Woolford
M r . Peter Le Gallais
A d vocate Mrs. Marian Elizabeth W h ittaker.
Suspension of Standing Order No. 18.
THE STATES, adopting a Proposition
of the Harbours and Airport Committee, suspended Standing Order No. 18 to allow the Proposition of that Committee proposing the approval of drawings showing an extension of a gate lounge in the Airport passenger pier to be considered at the present Sitting.
Airport: extension to gate lounge.
THE STATES, adopting a Proposition of the Harbours and Airport Committee - ( a) approved Drawings Nos.
2 8 9 5/1/2A/3A/4A, showing an e x te nsion to a gate lounge in the A ir port passenger pier;
( b) authorised the Greffier of the
S t a tes to sign the said Drawings
o n behalf of the States.
Draft Road Traffic (No. 34)
(Jersey) Regulations, 198 . P.141/89, P.146/89, P.152/89, P.153/89 and P.154/89.
THE STATES commenced consideration of the draft Road Traffic (No. 34) (Jersey) Regulations, 19 (lodged on 31st October, 1989) and adopted the Preamble.
Members present voted as follows -
P o u r' ' (46)
Senators
S henton, Jeune , Binnington, Horsfall, E llis, Rothwell, Le Main, Brooke, Le M aistre, Carter, Stein.
Connétable s
S t. John, St. Peter , St. Helier, St. L awrence, St. Mary, St. Ouen, St. S aviour, Trinity , St. Martin,
G rouville.
Deputies
d e la Haye(H), Morel (S), Le
G allais(S), Trinity , Vandervliet(L),
R . Rumboll(H), Wavell(H), Blampied(H), B illot(S), Norman(L), St. John, St.
P eter, St. Martin , Baudains(C),
B uesnel(H), C. Rumboll(H), Le
S ueur(H), St. Ouen , Coutanche(L),
H uelin(B), Jordan(B), St. Mary ,
B ailhache(H), Rabet(H), Grouville .
C o n t re'' (0) Regulation 1 was adopted.
THE STATES commenced consideration of an amendment of Senator Terence John Le Main that a new Regulation 1A be inserted. After discussion, Senator Le Main withdrew his amendment together with all the subsequent amendments contained in P.153 of 1989.
Regulation 2 was adopted.
THE STATES commenced consideration of Regulation 3 and adopted the new
Article 16A, having accepted an amendment of Senator Dereck André Carter that in paragraph (3) the words or such other proportion as may be prescribed'' be
deleted and having rejected an amendment of Deputy Edgar John Becquet of Trinity that in paragraph (3), sub-paragraph (a) for the expression 35'' there should be
substituted the expression 44'', in sub- paragraph (b) for the expression 80''
there should be substituted the expression
100'' and in sub-paragraph (c) for the expression 107'' there should be
substituted the expression 134''.
Members present voted for Deputy Becquet's amendment as follows -
P o u r' ' (12) Senator
C arter
Connétable s
S t. John, St. Peter .
Deputies
T rinity, Vandervliet(L), Norman(C), S t. John, St. Peter , St. Martin, Le
S ueur(H), St. Mary , Rabet(H).
C o n t re'' (33)
Senators
S henton, Jeune , Binnington, Horsfall,
R othwell, Le Main, Brooke, Le Maistre, S tein.
Connétable s
S t. Helier, St. Lawrence, St. Mary, S t. Ouen, St. Saviour, Trinity , St. M artin, Grouville .
Deputies
d e la Haye(H), Morel (S), Le
G allais(S), R. Rumboll(H), Wavell(H), B lampied(H), Billot(S), Baudains(C), B uesnel(H), C. Rumboll(H), St. Ouen, C outanche(L), Huelin(B), Jordan(B),
B ailhache(H), Grouville .
THE STATES adopted the new Article 16B, having rejected an amendment of Senator Carter that in paragraphs(1)(a) and (1)(b) there should be inserted the words in excess of the prescribed limit'' between
the words alcohol'' and in his body''
and commenced consideration of amendments of Deputy David John de la Haye of St. Helier that -
( a) for paragraph (3) there should be s u b stituted -
(3 ) A person who is
r e q uired under paragraph (1) or
( 2 ) of this Article to provide a
s p e cimen of breath for a breath
t e st shall provide the specimen at a p o lice station specified by the
p o l ice officer making the
r e q uirement.'';
( b) after paragraph (3) there should b e i nserted the following
p a r agraph as paragraph (4) -
(4 ) A person who without r e as onable cause fails or refuses t o a ccompany the police officer m ak ing the requirement under
p a r agraphs (1) or (2) to the
p o l ice station specified by him s h a ll be guilty of an offence and l ia b le to a fine not exceeding
# 5 0 0.'';
( c) renumber the existing paragraphs ( 4 ), (5), (6) and (7) as (5), (6),
( 7 ) and (8) respectively.
After discussion, Deputy de la Haye withdrew his amendments.
After discussion, paragraph (6) was withdrawn by the Defence Committee and paragraph (7) was consequently renumbered (6).
The new Articles 16C, 16D, 16E and 16F were adopted.
The new Article 16G was adopted, the States having accepted an amendment of the Defence Committee that in paragraphs (4) and (5)
for the word prosecutor'' there should be substituted in each case the words
Constable in whose name the proceedings were instituted, or, where the hearing is before the Royal Court, the Attorney General''.
Regulation 4 was adopted.
Regulation 5 was adopted, the States having accepted an amendment of the Defence Committee that after the item and entry for Article 16(A)(1) there should be inserted the following item and entry -
Article 16B(4) - (failing to provide a specimen of breath);''
Regulations 6 and 7 were adopted, the States having agreed that the date of their coming into force should be 1st March, 1990.
The Bill was lodged au Greffe'', as amended, in Second Reading (P.161/89).
THE STATES adjourned at
5.45 p.m. until the next day, Wednesday, 13th December, 1989 at 9.30 a.m.
R . S . G RAY Deputy Greffier of the States.