States Minutes 21st February 1989

THE STATES assembled on Tuesday, 21st February, 1989 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 –

Senator Pierre François Horsfall – out of the Island. Senator Dereck André Carter – out of the Island.

David John de la Haye, Deputy of St. Helier – out of the Island.

Mervyn Renouf Billot, Deputy of St. Saviour – out of the Island.

Maurice Clement Buesnel, Deputy of St. Helier – ill.

Graeme Ernest Rabet, Deputy of St. Helier – out of the Island.

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Prayers ____________

Subordinate legislation tabled.

The following enactment was laid before the States, namely –

Road and Sand Racing (Jersey) Order, 1989. R & O 7881.

47   Price : 75p

Data Protection: report for the period 1st September, 1987 to 31st December, 1988. R.C.2.

The Finance and Economics Committee by Act dated 6th February, 1989, presented to the States a report on the operation of the Data Protection (Jersey) Law, 1987, and ancillary matters, for the period 1st September, 1987 to 31st December, 1988.

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

Statement of births, marriages and deaths in 1988. R.C.3.

The Etat Civil Committee by Act dated 7th February, 1989, presented to the States a Statement of the number of births, marriages and deaths registered during the year 1988.

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

Broadcasting Committee: report for 1988. R.C.4.

The Broadcasting Committee by Act dated 10th February, 1989, presented to the States a report for the year 1988.

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

Matters noted – land transactions.

THE STATES noted an Act of the Finance and Economics Committee dated 6th February, 1989, 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 of land from the undermentioned property owners required in connexion with a road improvement scheme along Mont de la Pulente, St. Brelade from the Railway Walk entrance to the Atlantic Hotel, on the basis of the Committee's being responsible for the cost of accommodation works and the payment of legal fees –

1. from Miss Kathleen Martel Le Boutillier of1,340 square feet of land for a consideration of £1,340;
2. from Mr. Pierre Marie Rio of293 square feet of land for a consideration of £293;

2. as recommended by the Harbours and Airport Committee, the leasing from Mr. John George Rondel of a site, designated L.83, situated at Haut de l'Orme, Trinity , for a period of nine years, with effect from 1st January, 1989, at an annual rent of £100, to be adjusted annually by the Jersey Cost of Living Index, required in connexion with the installation of the new noise monitoring unit.

(The Committee rescinded its Act No. 9 of 23rd January, 1989, which had been notified to the States on 7th February, 1989.)

Matter noted – financial transaction.

THE STATES noted an Act of the Finance and Economics Committee dated 6th February, 1989, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that the Agriculture and Fisheries Committee had accepted the lowest of five tenders, namely that submitted by Trio Construction Limited in the sum of £136,450 for the construction of the new bulb hot water treatment plant at Howard Davis Farm.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Draft Court of Appeal (Amendment No. 4) (Jersey) Law, 198 . P.22/89.

Presented by the Legislation Committee.

2. Projet de Loi (198 ) pour abroger la Loi (1907) touchant l'usage de timbres de commerce. P.23/89. Presented by the Legislation Committee.

The States decided to take the abovementioned subjects into consideration on 4th April, 1989.

The following subjects were lodged on 14th February, 1989 –

1. Entry controls for visitors to Jersey. P.16/89. Presented by Deputy Maurice Clement Buesnel of St. Helier .
2. Draft Milk (Sale to Special Classes) (Amendment No. 3) (Jersey) Regulations, 198 . P.17/89. Presented by the Social Security Committee. The States decided to take this subject into consideration on 28th February, 1989.
3. Information technology in the public service. P.18/89.

Presented by the Establishment Committee. The States decided to take this subject into consideration on 14th March, 1989.

4. Troy Court, Grands Vaux, St. Helier : purchase. P.19/89.

Presented by Senator Richard Joseph Shenton and referred to the Housing Committee.

5. Ro-Ro ramps: licensing. P.20/89.

Presented by the Harbours and Airport Committee. The States decided to take this subject into consideration on 28th February, 1989.

6. Fernleigh, Gorey Village: acquisition of land. P.21/89.

Presented by the Housing Committee. The States decided to take this subject into consideration on 4th April, 1989.

Health Service: review of development policies 1988 to 1992. P.11/89.

THE STATES acceded to the request of the President of the Public Health Committee that the Proposition regarding a review of development policies for the Health Service 1988 to 1992 (lodged on 7th February, 1989) be considered on 28th February, 1989, instead of 7th March, 1989.

Draft Motor Traffic (Third-Party Insurance) (Amendment No. 7) (Jersey) Law, 198 . P.176/88.

THE STATES acceded to the request of the President of the Defence Committee that the draft Motor Traffic (Third-Party Insurance) (Amendment No. 7) (Jersey) Law, 198 (lodged on 20th December, 1988) be considered on 28th February, 1989.

Jersey Airport: gate lounges.

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

1. approved the construction of extensions to two gate lounges in the Airport passenger pier;

2. approved the transfer of the sum of £75,000 from the capital vote of credit "Improvements to the north perimeter area" (vote No. C2814) and the sum of £75,000 from the capital vote of credit "Distance Measuring Equipment" (vote No. C2808) to the capital vote of credit "Departure Gate Lounge Extensions" (vote No. C2817);
3. agreed to a contract being negotiated with A.C. Mauger and Son (Sunwin) Limited;
4. approved in principle the construction of extensions to a further two gate lounges in the Airport passenger pier in 1990;
5. authorised the Greffier of the States to sign the necessary contracts in the matter.

Senator D.A. Carter: attendance.

Senator Dereck André Carter, having returned to the Island, was present in the latter part of the morning.

First report: the management of States business. P.3/89.

THE STATES, having accepted an amendment of the Committee that in paragraph 4, after the words "Greffier of the States" there should be inserted the words "in consultation with the Bailiff ", then rejected a Proposition of the House Committee –

1. to agree that from 4th April until the end of the second Session of the States in 1989 –

1. the States should sit for a full day on alternate Tuesdays;

2. the hours of States' sittings should normally be from 10.00 a.m. to 12.45 p.m. and from
   30. p.m. to 5.30 p.m.;
3. the first Session of the States in 1989 should end on 22nd August and the second should begin on 5th September and end on 12th December;

2. to suspend Standing Order No. 4(1) and (4) from 4th April until the end of 1989 to give effect to the foregoing decisions;
3. to agree that no regular meetings of administering committees should be scheduled for those Tuesdays when the States are not sitting;
4. to agree that the Greffier of the States in consultation with the Bailiff should be given the responsibility of planning the public business of the States on the lines described in the First Report of the House Committee.

Members presented voted on paragraphs (1) and (2) as follows –

"Pour" (21)

Senators

Jeune , Baal, Manton.

Connétable s

St. John , St. Peter , St. Helier , St. Lawrence .

Deputies

Le Gallais(S), Le Quesne(S), Rumboll(H), Wavell(H), Norman(C), St. John , St. Peter , St. Martin , Baudains(C), Horne(H), Le Sueur (H), Coutanche(L), Huelin(B), Jordan(B).

"Contre" (26)

Senators

Shenton, Binnington, Ellis, Rothwell, Le Main, Brooke, Carter.

Connétable s

St. Clement , St. Mary , St. Ouen , St. Saviour , St. Brelade , Trinity , St. Martin , Grouville .

Deputies

Morel (S), Roche(S), Trinity , Vandervliet(L), Grouville , Beadle(B), Blampied(H), St. Ouen , St. Mary , Bailhache (H), Baudains(H).

Members present voted on paragraph (4) as follows –

"Pour" (17)

Senators

Jeune , Binnington, Baal, Manton.

Connétable s

St. Helier , St. Lawrence .

Deputies

Le Quesne(S), Vandervliet(L), Rumboll(H), St. John , St. Peter , St. Martin , Baudains(C), Horne(H), Le Sueur (H), Huelin(B), Jordan(B).

"Contre" (30)

Senators

Shenton, Ellis, Rothwell, Le Main, Brooke, Carter.

Connétable s

St. John , St. Peter , St. Clement , St. Mary , St. Ouen , St. Saviour , St. Brelade , Trinity , St. Martin , Grouville .

Deputies

Morel (S), Le Gallais(S), Roche(S), Trinity , Grouville , Beadle(B), Wavell(H), Blampied(H), Norman(C), St. Ouen , Coutanche(L), St. Mary , Bailhache (H), Baudains(H).

Trusts (Amendment) (Jersey) Law, 1989. P.9/89.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Trusts (Amendment) (Jersey) Law, 1989.

Abbeyfield Jersey Society: loan. P.10/89.

THE STATES, adopting a Proposition of the Finance and Economics Committee –

1. authorised the granting of a loan to the Abbeyfield Jersey Society for the purpose of assisting with the purchase and conversion of Lynton, Nelson Avenue, Havre des Pas into ten units of accommodation for the elderly;
2. agreed that the loan should be fifty per cent of the cost of purchase and conversion up to a maximum of £325,000 with interest at four per cent per annum and should be repayable in equal annual instalments over a period of fifteen years;
3. agreed that the loan should be subject to the condition that no persons shall be allowed to take up accommodation in the development without the prior notice and agreement of the Housing Committee.

Industrial Disputes Tribunal: appointment of Chairman, Deputy Chairman and Panels. P.12/89.

THE STATES, adopting a Proposition of the Legislation Committee –

1. reconstituted the panels required under the provisions of the Schedule to the Industrial Disputes (Jersey) Law, 1956, as amended, as follows –

1. the panel of persons representative of employers

Messrs. J.C. Averty

P. Burton F.P.W. Clarke

D. Ferguson

Mrs. I. Grant

Messrs. A. Lucas

A.B. Le Brun M.B. Le Couteur R. Marriott A. Regal E. Simms

Miss M.I. Syvret

Mr. P. Tabb;

2. the panel of persons representative of employees

Messrs. C. Blampied

J. Bushnell M.B. Kavanagh P.W. Cullinane

B. de Moye

Mrs. M. Gabriel

Messrs. W. McKain

T. McNally

M. McNulty

Miss M. Platt Miss B. Ward Mr. P.S. Wilkin;

3. the panel of impartial persons representativeneither of employers nor of employees

Mr. C.B. Ahier

Mrs. J. Campbell Messrs. D.G. Filleul

J.N. Le Fondré

H.W. Hall Mrs. P. Henwood

Jurat P.F. Misson

Mr. S.J. Morel

Mr. L.V.P. Nightingale Jurat G.N. Simon, T.D.;

2. in accordance with the provisions of Article 3Aof the Industrial Disputes (Jersey) Law, 1956, as amended, appointed Mr. K.W. Syvret, Solicitor, and Advocate D.E. Le Cornu, as Chairman and Deputy Chairman, respectively, of the Industrial Disputes Tribunal.

Queen's Valley: sale of land. P.14/89.

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

1. agreed to rescind their Act of 26th October, 1982 regarding the sale of land in Queen's Valley;
2. approved the sale of approximately 25 vergées 22 perch of land in St. Saviour , outlined in blue on Plan 19/C/63, to the Jersey New Waterworks Company Limited, required in connexion with the construction of a reservoir in Queen's Valley for a consideration of £102,000 with each party being responsible for the payment of its own scale legal fees;

3. authorised the Attorney General and the Greffier of the States to pass the necessary contract in the matter;
4. authorised the Treasurer of the States to receive the requisite monies and to credit them to the capital fund vote C.001 "Capital Receipts".

Regulation of Undertakings and Development (Amendment No. 5) (Jersey) Regulations, 1989. P.15/89.

THE STATES, in pursuance of Article 2 of the Regulation of Undertakings and Development (Jersey) Law, 1973, as amended, made Regulations entitled the Regulation of Undertakings and Development (Amendment No. 5) (Jersey) Regulations, 1989.

THE STATES rose at 3 p.m.

R.S. GRAY Deputy Greffier of the States.