States Minutes 13th June 1989

STATES MINUTES 1 3 th Ju ne, 1989

 THE STATES assembled on Tuesday, 13th June, 1989 at 10.15 a.m. under

 t he Presidency of the Bailiff ,

S i r Peter Crill, C.B.E.

_ _ _ _ _ _______

All Members were present with the exception of -

S enator Bernard Thomas Binnington -

o ut of the Island.

S nowdon George Robins, Connétable of S t. Saviour - absent.

M argaret Sylvia Rose Beadle, Deputy of S t. Brelade - ill.

 C arlyle John Le Herissier Hinault,

D eputy of St. John - out of the

 I sland.

G raham Huelin, Deputy of St. Brelade -

o ut of the Island.

_ _ _ _ _ _______

P ra yers read by Greffier _ _ _ _ _ _______

Subordinate legislation tabled.

The following enactments were laid before the States, namely -

1 . Motor Cars (Driving Instruction) ( A m endment) (Jersey) Order, 1989. R & O 7926.

 2 .  Public Rank Taxis (Fares and

C h a rges) (Amendment) (Jersey) O  rd er, 1989. R & O 7927.

Matter noted - financial transaction.

THE STATES noted an Act of the

Finance and Economics Committee dated 17th April, 1989, 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 three tenders, namely that submitted by D.C.

Allen Limited, in the sum of #246,700 in a contract period of 27 weeks for the construction of two detached three- bedroomed houses and one detached two- bedroomed house at Les Cinq Chênes infill scheme (Phase III).

Matters lodged.

The following subjects were lodged au Greffe'' -

 1 .  Draft  Tourism (Amendment No. 5) ( J er sey) Law, 198 . P.91/89.

P r e sented by the Tourism

C o m mittee. The States decided to

t a ke this subject into

c o n sideration on 27th June, 1989.

 2 .  Air Training  Corps  Jersey

S q u adron: new headquarters.

P . 9 2/89.

P r e sented by the Defence

C o m mittee. The States decided to t a ke this subject into

c o n sideration on 27th June, 1989.

 3 .  Minimum income for elected Members

o f t he States: removal of age

   li mit. P.93/89.

P r e sented by Deputy Maurice

C l e ment Buesnel of St. Helier .

Public Health Committee: capital projects for 1990. P.78/89.

THE STATES acceded to the request

of the President of the Public Health Committee that the Proposition relating to the Public Health Committee's capital projects for 1990 (lodged on 6th June, 1989) be considered on 27th June, 1989.

Fields 597 and 638C at La Platte Rocque, Grouville : petition regarding proposed rezoning. P.94/89.

Deputy Corrie Stein of Grouville presented to the States, on behalf of the inhabitants and property owners of the areas in the vicinity of La Platte Rocque, Grouville , and other persons a petition regarding the rezoning of Fields 597 and 638C at La Platte Rocque, Grouville (P.57/89).

Corbière foul sewer extension -

Public Works Committee. Question and answer.

Senator John Stephen Rothwell

asked Deputy John Le Gallais of St. Saviour , the President of the Public Works Committee, the following question -

  Would the President confirm that the  d esign engineers at Public Works have  c learly indicated to the Resources

 R ecovery Board that the Corbière

 s cheme is on programme with a start

 d ate for construction in September of  t his year with completion

 a pproximately twelve months later?''

The President of the Public Works Committee replied as follows -

  Public Building and Works engineers

 s ubmitted a technical report, setting

o ut the final proposals for this

 s cheme to the Resources Recovery Board

o fficers on 12th May, 1989.

B y that date much of the design had

b een prepared. Before proceeding with t he preparation of contract documents, i t was necessary to have the approval

o f the Board's officers to these

p roposals.

A meeting between officers of

t he Resources Recovery Board and

P ublic Building and Works took place

o n 23rd May, 1989 to discuss the

p roposals. The Resources Recovery

B oard at its meeting on 7th June, 1989 a pproved the proposals.

T he approval covered the original

s cheme together with an optional

e xtension. The current estimated cost

o f the original scheme is #1,185,000 a nd the estimated cost of the

e xtension is #96,000, giving a total

c ost of #1,281,000 which is within the a mount voted after adding inflation.

W ith the Board's approval of the

s cheme, contract drawings and

d ocuments are being prepared with a v iew to tenders being invited in

A ugust 1989.

I t should be possible to accept a

t ender in September 1989, thereby

e nabling work to start in October with c ompletion approximately 12 months l ater.

T his would allow the hotels in the

a rea ample time in which to make the n ecessary alterations to their

d rainage systems so as to connect to t he main sewer system for the 1991

s eason.''

Corbière foul sewer extension -

Finance and Economics Committee. Questions and answers.

Senator John Stephen Rothwell

asked Senator Pierre François Horsfall, Vice-President of the Finance and Economics Committee, the following questions -

1.  Has the Finance and Economics

C o m m ittee suggested to the

R e s o u rces Recovery Board that t h e re should be a delay in the

f o u l s ewer extension to

C o r b i ère?

 2 .  Are there sufficient funds voted

t o t he Resources Recovery Board to c o m plete this extension?''

The Vice-President of the Finance and Economics Committee replied as follows -

1.  No.

 2 .  At the time that this project was a p p roved in principle by the

S t a tes in May 1988, the States

w  er e advised by the Resources

R e c overy Board that the estimated c o s t was #1,100,000. This sum was s u b sequently voted by the States

i n t he 1989 budget under the

h e a ding Extension to Foul

S e w ers'.

M  y Committee is not aware of

th e likely total cost of this

p r o ject, and this question could

o n l y be answered by the President

o f t he Resources Recovery Board.''

Corbière foul sewer extension - Resources Recovery Board. Question and answer.

Senator John Stephen Rothwell

asked Deputy David John de la Haye of St. Helier, President of the Resources Recovery Board, the following question -

  In view of the serious disquiet

 e xpressed by Public Health officers

 a nd officers of the Resources Recovery  B oard over sewerage problems in the

 C orbière  area, could you confirm that  i t is the Board's intention to

 c omplete the scheme approved by the

 S tates in December 1988?''

The President of the Resources Recovery Board replied as follows -

  The States approved a sum of #1.1m  f or the completion of the Corbière

 s cheme in December 1988.

T he latest estimate presented to the

R esources Recovery Board on Wednesday, 7 th June was #1.185m.

I n addition, the Board were requested t o decide which of several options

t hey wished included in the overall

s cheme.

I t was decided that certain designated a reas be included giving an extra cost

o f #96,000, making a total for the

s cheme of #1.281m.

T he Board were also requested by

P ublic Works to send an Act to the

A utorisé de la Partie Publique to

c ommence formal negotiations on the p urchase of the land for the two

p umping stations associated with the s cheme. When these transactions and t he final design are completed, the

B oard will apply for the additional

f unds on the appropriate Supply Day.''

Proposed coal-fired power station at La Collette. Statement.

The President of the Island

Development Committee made a statement in the following terms -

  During the course of the meeting of

 t he Island Development Committee held  i n the States Chamber on 26th April,

 1 989 in the presence of His Excellency  t he Lieutenant Governor, the Bailiff ,

 t he Attorney General and States

M embers, reports were presented by

M essrs W.S. Atkins and Partners,

 c onsulting engineers, on proposals by

 t he Jersey Electricity Company Limited  t o install a coal-fired power station

 a t La Collette, and by the Resources

 R ecovery Board on a study by Gaz de

 F rance. Representatives of the Jersey

 E lectricity Company Limited also

 p articipated in the meeting.

I t has become evident to the Island

D evelopment Committee that options for e lectricity supply other than by local

c oal-fired generation have now emerged t hat merit more detailed investigation

b efore the States can make a fully

i nformed decision on the Jersey

E lectricity Company's proposals.

A t a meeting of the Policy and

R esources Committee on 27th April,

1 989 it was agreed that a working

p arty should be set up which would

i nclude political representation from

t he Island Development Committee,

P olicy and Resources Committee and the R esources Recovery Board, with a view t o preparing a brief for the

c onsultants, W.S. Atkins, to consider

f urther the energy options for the

I sland.

T he working party now proposes to

i nvite the consultants to carry out

t he required detailed investigation

i nto the various energy options, and

t he Island Development Committee would a sk for the support of the House in

c ommissioning this further work. The

c onsultants' brief is appended to this

r eport. The cost of the study is

e stimated to be #25,000, and should be

c ompleted within 12 weeks of

c ommencement.

I t will be possible to complete the

s tudy in the time suggested because

m  uch of the relevant information is

a lready in the possession of the

J ersey Electricity Company and the

J ersey Gas Company. The Committee is s ure that the companies will offer

t heir full co-operation in providing

t he consultants with the information

t hey require.

T he Island Development Committee is

f ully conscious of the need to reach

a n early decision on the future

e lectricity supply to the Island.

T herefore, it proposes to commission

t he study from funds already available

t o it, presently uncommitted, although

r equired for other projects due to

c ommence later in the year.

A ccordingly, the Committee has advised t he Finance and Economics Committee t hat it will be seeking an additional

v ote of credit to top up its

c onsultants vote at the September

S upply Day.

C o n s ultants brief

 1 .  Undertake and present a technical a n d economic comparative analysis

o f t he following options -

( a ) the local generation of

e l ec t r icity by coal,

d i st i ll ate or residual oil, or

n a t u ra l gas using steam and/or i n te r n al combustion plant;

( b ) import of electricity and

n a t u ra l gas by submarine link

w  it h C ontinental systems;

h a v ing proper regard for the need f o r adequate back-up supply

a r ra ngement.

2 . In carrying out this analysis, to t a ke into account -

( i) t he study and proposals made b y G a z de France in a report

t o t h e Resources Recovery

B o a r d for the supply of

n a t u ra l gas to Jersey;

( ii )  a ny relevant information m a d e a v a ilable to the

Je r s e y E l ectricity

C o m p an y by EDF.

 3 .  From the analysis prepare a

c o m parative statement of the

e n e rgy cost per therm to the

d o m estic and commercial consumer.

 4 .  Consider and comment on the a v a ilability, price and security

o f t he different energy supplies.

 5 .  Consider and evaluate the

e n v ironmental costs and/or

b e n efits of the options referred

t o i n paragraph 1, including land a n d environmental hazard costs.

 6 .  Present an optimum combination of t h e options considered for base

l o ad and peak load generation,

w  it h appropriate standby,

a d d ressing particularly cost to

c o n sumer, reliability of supply

a n d environmental costs. Make a

c l ea r and argued recommendation of t h e optimum solution.''

Rent rebate scheme for the private sector. Statement.

The President of the Housing

Committee made a statement in the following terms -

Given certain comments made public r ecently in connexion with a proposed p rivate sector rent rebate scheme, I

t hink it may be helpful if I advised

M embers of the current position.

I n May 1988, my Committee forwarded a r eport, which contained the basis of a

s cheme, to the Finance and Economics

a nd Establishment Committees for their c omments.

B oth committees expressed support in

p rinciple for a scheme but, in

D ecember 1988, the Finance and

E conomics Committee invited the views

o f the Working Party on Need, as this

i s essentially a welfare matter. The

W orking Party, in January 1989,

d ecided to appoint a study group to

e xamine the whole area of welfare and b enefits available to lower income

g roups, and is considering the

p roposal for a private sector rent

r ebate scheme as part of its study.

T his group, consisting of senior

o fficers drawn from a number of public a uthorities, has met weekly since its

a ppointment and, I understand, expects t o issue a report in the near future.

O nce my Committee has received the

v iews of the Working Party on Need,

a nd those of the Finance and Economics C ommittee, it will bring a report and

p roposition to the States as soon as

p ossible.''

Refuse incineration plant - extensions. Statement.

The President of the Resources Recovery Board made a statement in the following terms -

  At the time of preparing its report

 t o the Finance and Economics Committee  a nd the States on the request for a

 s upplementary vote of credit for the

 c onstruction of extensions to the

 r efuse incineration plant at

 B ellozanne the Board understood that

 t he 1987 estimate of #8m was exclusive

o f consultancy and other engineering

 f ees.

T he Board has since re-examined

t he relevant correspondence and it is c lear that those items were included i n the original estimate of #8m.

T he Board therefore wishes to make t his known to the States, so that

t here can be no misunderstanding.

T he additional #2.2m granted to the

s cheme as submitted at Supply Day on 2 5th April, 1989 is the amount needed t o proceed with the contract for the

s ize of plant required.''

Port of St. Helier : lease of

premises to St. Helier Yacht Club, South Pier.

THE STATES, adopting a Proposition of the Harbours and Airport Committee -

 ( a) agreed to lease to St. Helier

Y  ac ht Club the premises on the

S o u th Pier, Port of St. Helier ,

p r e sently occupied by the Club,

f o r a further term of nine years

c o m mencing 1st April, 1989, at a r e n t of #10,100 a year, subject to r e n t review clauses at the third

a n d sixth year of the lease;

 ( b) authorised the Greffier of the S t a tes to sign the necessary

a g r eement;

 ( c) authorised the Treasurer of the S t a tes to receive the rent as it

b e c omes due.

Airport freight terminal building: lease of accommodation.

THE STATES, adopting a Proposition of the Harbours and Airport Committee -

 ( a) approved the lease to Hi-Speed

F r e ight Services Limited of office

a c c ommodation, low level storage

a n d warehouse accommodation in the f re i ght terminal building at the

A  ir port (designated Letting N  o s. B171/A, B, C and D and B166 a n d B167) for a further period of

t h re e years, with effect from 1st

A  p ril, 1989 at a rent equivalent

t o # 14,775.00 a year;

 ( b) authorised the Greffier of the S t a tes to sign the necessary

a g r eement;

 ( c) authorised the Treasurer of the S t a tes to receive the rent as it

b e c omes due.

Deputy Industrial Disputes Officer: appointment.

THE STATES, adopting a Proposition

of Deputy Francis Hedley Morel of St. Saviour, and in accordance with Article 2 of the Industrial Disputes (Jersey) Law, 1956, as amended, appointed Senator Betty Brooke as Deputy Industrial Disputes Officer.

Motor Traffic (Third-Party

Insurance) (Amendment No. 7) (Jersey) Law, 1989. P.176/88, P.25/89, P.62/89.

THE STATES commenced consideration of a Bill to amend further the Motor Traffic (Third-Party Insurance) (Jersey) Law, 1948.

The Preamble and Article 1 were adopted.

Article 2 was adopted, the States having accepted an amendment of the Defence Committee that in paragraph (b) for the figures 1972'' there should be substituted the figures 1988''.

Article 3 was adopted.

Article 4 was adopted, the States having accepted an amendment of the Defence Committee that in paragraph (1F), sub- paragraph (a) for the word which'' there should be substituted the words together with any sum which'' and in sub-paragraph (b)(ii) for the words together with such proportion of any which'' there should be substituted the words together with such proportion of any sum which''.

Article 5 was adopted.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Motor Traffic (Third- Party Insurance) (Amendment No. 7) (Jersey) Law, 1989.

Motor Vehicles (International Circulation) (Amendment No. 9) (Jersey) Regulations, 1989 P.63/89.

THE STATES, in pursuance of

Article 1 of the Motor Vehicles (International Circulation) (Jersey) Law, 1953, made Regulations entitled the Motor Vehicles (International Circulation) (Amendment No. 9) (Jersey) Regulations, 1989.

Policing of Beaches (Amendment

No. 7) (Jersey) Regulations, 1989. P.71/89.

THE STATES commenced consideration

of the draft Policing of Beaches (Amendment No. 7) (Jersey) Regulations, 198 (lodged

on 23rd May, 1989) and adopted the Preamble and Regulation 1.

Regulation 2 was adopted, the States having rejected an amendment of Senator Pierre François Horsfall that after paragraph (h)(ii) there should be inserted the words

provided that this clause shall not apply

to any beach or part thereof specified in

the First Schedule to these Regulations''.

Members present voted on the amendment as follows -

P o u r' '(19)

Senators

 S henton, Horsfall, Ellis, Brooke.

Connétable s

 S t. Clement, Grouville .

Deputies

M orel(S), Le Gallais(S), Roche(S), Le

 Q uesne(S), R.E.R. Rumboll(H),

 G rouville, Wavell(H), St. Martin,

 B audains(C), Buesnel(H), Coutanche(L),

 S t. Mary, Bailhache (H). C o n t re''(19)

Senators

J eune, Baal, Rothwell, Le Main, Le M aistre, Carter.

Connétable s

S t. John, St. Peter , St. Helier, St. M ary, St. Brelade .

Deputies

 V andervliet(L), Billot(S), Norman(C),

 C . Rumboll(H), Le Sueur(H), Jordan(B),  R abet(H), Baudains(H).

The President of the Assembly exercised his casting vote against the amendment because, in his view, there was no clear status quo and he therefore considered it appropriate

to vote with the Committee presenting the Proposition.

Regulations 3 and 4 were adopted.

THE STATES, in exercise of the powers conferred upon them by the Order in Council of the twenty-sixth day of December, 1851, Article 49 of the Road Traffic (Jersey)

Law, 1956, as amended, and the Policing of Roads, Parks and Sea Beaches (Application of Fines) (Jersey) Law, 1957, as amended, made Regulations entitled the Policing of Beaches (Amendment No. 7) (Jersey) Regulations, 1989.

Draft Policing of Roads (Amendment No. 3) (Jersey) Regulations, 198 . P.72/89. Withdrawn.

THE STATES commenced consideration

of the draft Policing of Roads (Amendment No. 3) (Jersey) Regulations, 198  (lodged

on 23rd May, 1989). After discussion, the States granted leave to the President of

the Public Works Committee to withdraw the draft Regulations.

Policing of Parks (Amendment

No. 5) (Jersey) Regulations, 1989. P.73/89.

THE STATES in exercise of the

powers conferred upon them by the Order in Council of the twenty-sixth day of December, 1851, Article 49 of the Road Traffic (Jersey) Law, 1956, as amended, and the Policing of Roads, Parks and Sea Beaches (Application of Fines) (Jersey) Law, 1957, as amended, made Regulations entitled the Policing of Parks (Amendment No. 5) (Jersey) Regulations, 1989.

Lodging Houses (Registration) (Amendment) (Jersey) Law, 1989. P.74/89.

THE STATES, subject to the

sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Lodging Houses (Registration) (Amendment) (Jersey) Law, 1989.

THE STATES rose at 12.55 p.m.

E . J .M  . P O  T T E R G  re f fier of the States.