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STATES MINUTES 2 2 n d August, 1989
THE STATES assembled on Tuesday, 22nd August, 1989 at 10.15 a.m. under t he Presidency of the Bailiff ,
S i r Peter Crill, C.B.E.
_ _ _ _ _ _______
His Excellency the Lieutenant Governor, Admiral Sir William Pillar, G.B.E., K.C.B. ,
w a s p r esent.
_ _ _ _ _ _______
All Members were present with the exception of -
S enator Richard Joseph Shenton -
a bsent.
S enator Terence John Le Main - out of
t he Island.
S nowdon George Robins, Connétable of S t. Saviour - ill.
S tanley John de la Haye, Connétable
o f St. Martin - out of the Island.
R onald Winter Blampied, Deputy of St. S aviour - out of the Island.
_ _ _ _ _ _______
P r a y e rs
_ _ _ _ _ _______
Senator R.J. Shenton - sympathy.
The Bailiff extended his and the
States' sympathy to Senator Richard Joseph Shenton on the recent death of his father.
Subordinate legislation tabled.
The following enactments were laid before the States, namely -
1 . Agricultural Preparations
( P r ohibition of Importation and
U se ) (Amendment) (Jersey) Order, 1 9 8 9. R & O 7943.
2. Social Security (Earnings Limit)
( J er sey) Order, 1989. R & O 7944.
3 . Battle of Flowers (Jersey) Order, 1 9 8 9. R & O 7945.
4 . Bicycle Marathon (Jersey) Order, 1 9 8 9. R & O 7946.
5 . Road Traffic (Saint
L a w rence) (Amendment No. 11)
( J er sey) Order, 1989. R & O 7947.
6 . Collective Investment Funds
( R e cognised Funds) (General
P r o visions) (Amendment No. 3)
( J er sey) Order, 1989. R & O 7948.
7 . Employment of Children (General P r o visions) (Jersey) Order, 1989.
R & O 7949.
States of Jersey Police Force: Report for 1988.
The Defence Committee by Act dated 3rd August, 1989 presented to the States a Report on the States of Jersey Police Force for the year 1988.
THE STATES ordered that the said Report be printed and distributed.
Joint Advisory Council: revision
of weights used to calculate the Jersey Retail Index. R.C.15.
The Finance and Economics
Committee by Act dated 7th August, 1989 presented to the States a Report on the revision to the weights used in the calculation of the Jersey Retail Price s Index.
THE STATES ordered that the said Report be printed and distributed.
Matters noted - land transactions.
THE STATES noted Acts of the
Finance and Economics Committee, dated 24th July and 7th August, 1989, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee
had approved -
( a) as recommended by the Island
D ev elopment Committee, the leasing
o f F ields 253 and 254, Les Marais,
G ro uville, to Mr. Charles Alan Le
M a istre for a period of three
y e a rs, commencing on 25th
D ec ember, 1988, at a fixed annual
r e n t of #30 a year;
( b) as recommended by the Public
W o rks Committee, the purchase from M r s. Ann Margaret Bellows, née
S h e phard and Mr. Antony Mathieu
B e llows of 404.8 square feet of
l a nd adjacent to the properties
k n o wn as St. Bueno'' and
B e ttina'', St. Brelade's Bay,
r e q uired for the provision of a
f o o tpath at St. Brelade's Bay, for
a c o nsideration of #809.60, with
t h e Committee being responsible
f o r the accommodation works and
t h e payment of legal fees;
( c) as recommended by the Public
W o rks Committee, the purchase from M e ssrs. George Le Bas Pallot and
D o nald Roy Pallot of 288 square
f e et of land situated at No. 31,
V al Plaisant, St. Helier , required
f o r road widening purposes, for a
c o n sideration of #576, with the
C o m mittee being responsible for
t h e accommodation works and the
p a y ment of legal fees;
( d) as recommended by the Public
W o rks Committee, the purchase from M r . Alan Ball of 330 square feet
o f l and situated at the Sylvania
P r iv ate Hotel, Bel Royal, St.
L a w rence, required for the
p r o vision of a footpath, for a
c o n sideration of #660, with the
C o m mittee being responsible for
t h e accommodation works and the
p a y ment of legal fees;
( e) as recommended by the Public
W o rks Committee, the purchase from M r s. Grace May Ball, née Geeves,
o f 3 20 square feet of land at the
p r o perty known as Casa Del
P l a ya'', Bel Royal, St. Lawrence,
r e q uired for the provision of a
f o o tpath, for a consideration of
# 6 4 0, with the Committee being
r e sp onsible for the accommodation
w o rks and the payment of legal
f e es ;
( f) as recommended by the Harbours a n d Airport Committee, the leasing t o M r. Richard Holmes of an area
o f l and, measuring 594 square
y a r ds, situated on the northern
b o u ndary of the airfield on the
f o rm er site of the property known a s C lementa, St. Peter (designated L e t ting L71), for a further period
o f three years, with effect from
1 s t July, 1989, at an annual rent
o f # 35;
( g) as recommended by the
H o using Committee, the granting to T h e Jersey Electricity Company
L i m ited of servitudes in
p e r petuity, required for high
t e ns ion electricity cable
w ay leaves at Gorey Phase II, shown i n r ed and blue on Drawing No.
2 6 9 3.13 produced by the Department
o f P ublic Building and Works, for
a c o nsideration of #10 with each
s id e being responsible for the
p a y ment of its own legal fees;
( h) as recommended by the
H o using Committee, the sale to the P a r ish of St. Helier of an area of
l a nd measuring 640 square feet in L e Geyt Street, St. Helier , for a
n o m inal consideration of #10, with e a c h side being responsible for
t h e payment of its own legal fees;
( i) as recommended by the
R e s ources Recovery Board, the
p urchase from Le Chalet Hotel
( C o rbière Development) Limited of 2 , 7 34 square feet of land, shown
o n Drawing No. 460/2A, required
f o r the construction of a pumping
s ta t ion, for a consideration of
# 2 , 734, with the Board being
r e sp onsible for the cost of
r e in stating a 15 metre length of a
t h re e metre wide access track from t h e hotel grounds to La Rue du
G ro uet, adjacent to the proposed
p u m ping station, and the payment
o f l egal fees;
( j) as recommended by the
E d u cation Committee, the renewal
o f t he lease from Mr. Martyn Alan
M a nning of the property
D ajong'', 9 Le Clos Vert,
V ic toria Village, Trinity , for a
p e r iod of two years with effect
f ro m 1st August, 1989, at an
a n n ual rent of #7,280, to be
i n cr eased by the rise in the
J e rs ey Cost of Living Index from 1 s t August, 1990, required for
o c c upation by an essential
e m p loyee;
( k) as recommended by the Public
H ea lth Committee, the leasing from M r . George Bernardes and Mrs. Rut M a nga Bernardes, née Bagenholm,
o f t he property Alzola', Upper
K in g's Cliff, St. Helier , for a
f u rt her period of six months, with
e f fe ct from 1st July, 1989, at a
w ee kly rent of #162.35, required
f o r occupation by medical staff.
Matters noted - financial transaction.
THE STATES noted an act of the
Finance and Economics Committee dated 7th August, 1989, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Housing Committee had accepted the lowest of three tenders, namely that submitted by D.J. Arthur Limited in the sum of #86,525
in a contract period of sixteen weeks for
the construction of refuse stores at Le
Geyt Flats and Tower Maisonettes.
Matters lodged.
The following subjects were lodged au Greffe'' -
1 . Glasshouse industry: refund of h a r bour dues. P.120/89.
P r e sented by the Agriculture and F i s heries Committee.
2 . Projet de Règlements (198 ) sur l e t arif des honoraires des
J u r és-Justiciers. P.121/89.
P r e sented by the Finance and
E c o nomics Committee.
The following subjects were lodged on 1st August, 1989 -
1 . Drunk and incapable in public: a l te rnative to the penal system. P . 1 11/89.
P r e sented by the Public Health C o m mittee.
2 . Draft Sea-Fisheries (Fishing
N et s) (Amendment No. 2) (Jersey) R e g ulations, 198 . P.112/89.
P r e sented by the Agriculture and
F i s heries Committee.
3 . Rezoning of land for Category A h o u sing (P.57/89): amendment.
P . 1 13/89.
P r e sented by the Agriculture and F i s heries Committee.
The following subjects were lodged on 8th August, 1989 -
1 . Draft Health and Safety at Work
( J er sey) Law, 1989 (Appointed Day) A ct , 198 . P.114/89.
P r e sented by the Social Security
C o m mittee.
2 . Draft Summer Time (Jersey) Act, 1 9 8 . P.115/89.
P r e sented by the Legislation
C o m mittee.
3 . Victoria College stonework: r e m edial work. P.116/89.
P r e sented by the Education
C o m mittee.
4 . Le Pré de Mal Assis, Grands Vaux,
S t . Saviour: rezoning and purchase
o f l and. P.117/89.
P r e sented by the Island
D ev elopment Committee.
5 . Public Employees Contributory
R e t irement Scheme - legislation
( P .1 10/89): amendments. P.118/89. P r e sented by the Establishment
C o m mittee.
6 . Draft Harbours (Vehicle Ramps) ( J er sey) Regulations, 198 .
P . 1 19/89.
P r e sented by the Harbours and
A ir port Committee.
Public Employees Contributory
Retirement Scheme - legislation (P.110/89): amendments. P.118/89. Withdrawn.
THE STATES noted that the
President of the Establishment Committee had withdrawn the Proposition relating to amendments of the Public Employees Contributory Retirement Scheme (lodged on 8th August, 1989).
Fields 769, 770, 741 and adjoining land, Longueville, St. Saviour : petition regarding proposed rezoning. P.122/89.
Deputy Francis Hedley Morel of St. Saviour presented to the States, on behalf of certain persons living or farming in the area of Longueville, St. Saviour, a
petition regarding the proposed rezoning of Fields 769, 770, 741 and adjoining land at Longueville, St. Saviour.
Debtors. Questions and answers.
Deputy Maurice Clement Buesnel of
St. Helier asked Deputy Edgar John Becquet of Trinity , President of the Legislation Committee, the following questions -
1. Will the President give
d e t ai l s as to the procedure by w h ic h a person who has
i n c u rr ed debts can be put in p r is o n at the instance of his
c r e d it or?
2 . Is the President satisfied that
t h e procedure is not outmoded and i s in all respects appropriate in
1 9 8 9?
3 . If the answer to question 2 is in t h e negative, will the President u n d ertake to bring the necessary l e gi slation to the House as soon a s p ossible to improve this
p r o cedure?''
The President of the Legislation Committee replied as follows -
Since he was not a member of the
H ouse at the time I cannot be critical
o f the Deputy if he was unaware that
t he questions he has put were answered i n the fullest possible way on 25th
J une, 1985, in a reply, presented in
m y absence by my Vice-President, to a b roadly similar series of questions by
S enator Shenton, more particularly
c oncerned with the procedure of
d égrèvement against a debtor's
i mmovable property (i.e. houses, land, b uildings, etc.) but to which issues
o f imprisonment for debt were linked.
A s those questions and the answers
a re fully recorded in the States
M inutes of that date, a copy of which I have furnished to the Deputy , I
w ould not propose to repeat them in f ull unless the Deputy wishes to press t he matter.
1 . In answer to question 1, I hope it w il l therefore suffice for me to
s a y that, broadly speaking, a
d e b tor may be imprisoned for debt b y virtue of a Judgment of the
R o y al Court or the Petty Debts
C o u rt or a provisional Order
i ss u ed by the Bailiff or the Judge
o f t he Petty Debts Court.
2 . Question 2 is again
p a r ticularly similar in tenor to
t h at of Senator Shenton in 1985
w h en I was asked to give my views a s t o the relevance of
i m p risonment for debt in present
d a y circumstances'. I indicated
t h en that my Committee was
s a ti sfied that adequate safeguards
e x is t to ensure that the procedure
i s n ot abused or used oppressively
a n d that provision exists for a
d e b tor to secure his release
u n l ess it can be shown that he
c o u ld afford to pay the debt but
i s r efusing to do so, or is acting
i n b ad faith. I had then taken
f u ll account of the Convention for
t h e Protection of Human Rights and
F u n damental Freedoms and I may now a d d of the particular factor of
o u r insular situation from which
i t is relatively easy for a debtor
t o f lee the jurisdiction and the
d e s irability also of creditors
b e in g adequately protected.
3 . The answer to question 2 being in t h e affirmative it follows in
r e la tion to question 3 that I am
n o t aware of any recent
d e v elopment or public concern
a b o ut the existing legislation
w h ich merits a review of the
s it u ation.''
1989 Census of population. Statement.
The President of the Etat Civil
Committee made a statement in the following terms -
Members will know that in March of t his year a census of population was
h eld, the main purpose being to
m onitor the rate of population growth a nd to analyse the causes of that
g rowth.
I am pleased now to be able to give M embers the first results of that
c ensus. The total resident population
o f the Island in March of this year - t hat is those present on the census
n ight of 12th/13th March, excluding v isitors, plus those normally resident b ut absent on census night - was
8 2,536, or 2,324 more than in 1986.
O f that increase 500 is accounted for
b y the natural increase of the
p opulation - that is, the excess of
l ive births over deaths - and 1,824 by n et immigration. This represents a
r ate of net immigration of 608 per
a nnum between 1986 and 1989, which c ompares with a figure of 820 per
a nnum between 1981 and 1986.
T he Census Officer has prepared a
s hort preliminary report on the census f or my Committee, and this will be
c irculated to members during this
m orning's Sitting. A full report on
t he census will be prepared by the
C ensus Officer and my Committee will p resent this to the States at the
e arliest possible date.
I should like to take this opportunity
o f publicly thanking all who have been i nvolved in the census - the Census
O fficer, Colin Powell, and his
a ssistant, John Christensen; the
a ssistant census officers, supervisors
a nd enumerators who undertook the
f ield work and the clerks who coded
t he census questionnaires prior to
t heir despatch to the United Kingdom w here the results were processed and
t abulated by Dr. McNabb and his team a t University of Wales in Cardiff.
C arrying out a census is a very
c onsiderable task, and work on the
n ext census in 1991 has already
b egun.''
Office development. Statement.
The President of the Island
Development Committee made a statement in the following terms -
The President of the Policy
a nd Resources Committee recently
c alled on the Finance and Economics
C ommittee and Island Development
C ommittee to exercise a moratorium on
o ffice development for the next five
y ears on the basis that sufficient
s chemes had been permitted to meet
f oreseeable needs.
T he Finance and Economics
C ommittee responded with a policy
s tatement at the meeting of the States
o n 25th July indicating its policy
t owards office and luxury housing
d evelopment in exercising its duties
u nder the Regulation of Undertakings a nd Development Law. My Committee f ully endorses the policy that the
F inance and Economics Committee is p ursuing.
M y Committee considered implementing a moratorium on office developments
u nder the Island Planning Law, but had
r eservations about the legality of
d oing so and sought the advice of Her
M ajesty's Attorney General. He has
c onfirmed that it is not possible to
d o so.
M y Committee also had reservations a bout whether it was appropriate to u se the Island Planning Law in this w ay for two reasons -
( a) that one of the purposes of the
I s la nd Plan is to lay down a set
o f p olicies, proposals and
g u i delines to ensure that
a p p lications for development under t h e Planning Law are determined in a f a ir and consistent manner over
t h e long term, in the interests of
g o o d government. These policies,
o f c ourse, need to be reviewed
f ro m time to time to ensure that
t h ey are still relevant and act in
t h e best interests of the
c o m munity. However, in the
C o m mittee's view it would be
p a te ntly wrong to amend the
p o l icies for short term or
e x p edient reasons as this would
n e gate the long term consistency
t h at the policies seek to achieve;
( b) there is another piece of
l e gi slation administered by
a n o ther Committee (the Regulation
o f U ndertaking and Development
L a w ) designed specifically for the p u r pose of balancing the supply
a n d demand, and controlling the
r a te , of participating types of
d e v elopment. As Her Majesty's
C r o wn Officers have advised on
m an y occasions, it is not a p p ropriate to seek to achieve the p u r poses of one Law through the e x e rcise of another.
T he Island Plan seeks to limit
t he opportunities for new office
d evelopment to defined areas in the c entre of St. Helier . There are two a reas defined on the Town Map -
( a) around Grenville Street;
( b) along the Esplanade between Marina C o u rt and Caledonia Place.
I n specifically zoning these areas
t he States have effectively conferred
o n the properties within them the
a cceptance in principle of office use. O utside these areas the Island Plan
s eeks to restrict the sporadic and
i ndiscriminate establishment of office u se.
P olicy CM12 of the Island Plan reads a s follows -
T h e location of new
o f fi ce development will generally
b e r estricted to the defined areas
o f t he town of St. Helier where
p r o posals will be considered on
t h ei r merits. Developments outside t h e defined area will normally be
r e si sted'.
T he use of the words generally and n ormally in this policy are
s ignificant. From their use it can be i nferred that the Committee has
d iscretion (a discretion that the Law p laces as a duty on the Committee to e xercise when considering all
a pplications put to it).
S ince the Island Plan was approved t he Committee has exercised its
d iscretion in the following ways -
( a) outside the office development a r ea s, where premises have an
e s ta blished use for offices, by
a l lo wing office redevelopment;
( b) where vacant or under-used upper f lo o r spaces exist above retail or
c o m mercial premises which are s u it able for small-scale offices, b y allowing new office use;
( c) where the restoration of an
h i st oric building is dependent on t h e revenue from office use, by
a l lo wing new office use;
(d) where opportunities exist for
p l an ning gain'' by allowing new
o f fi ce use as part of a mixed
d e v elopment on the site which
i n cl udes the provision of new
h o u sing units and environmental i m p rovements;
( e) where ancillary or extended office f a ci lities are required for the
e f fi cient operation of established
b u s inesses, by allowing new office d e v elopment.
I n view of the current housing
p roblems that the Island faces, the
C ommittee in future, when exercising i ts discretion, will be even more
v igilant in ensuring that office
d evelopment proposals outside the
o ffice development areas, on sites
w hich are clearly suitable for
r esidential development and which do n ot have an established office use,
w ill not be permitted, particularly
w here they involve a large element of
o ffice accommodation. It should be
r ecognised, however, that in order to s ecure the residential development the S tates may need to acquire the land,
p ossibly at a valuation considerably
i n excess of its value for housing
p urposes.''
Weather radar tower, La Rue Baal, La Moye: construction.
THE STATES, adopting a Proposition of the Harbours and Airport Committee -
( a) approved Drawings Nos. 842/SK/03D, 8 4 2 /02B, 03, 04B, 09, 10A, 11A,
1 3 C and 20 showing the
c o n struction of a new weather
r a d ar tower at La Rue Baal, La
M o ye, St. Brelade;
( b) authorised the Greffier of the
S t a tes to sign the said Drawings
o n behalf of the States.
Jane Sandeman Court, St. Helier : approval of Drawings.
THE STATES, adopting a Proposition of the Housing Committee -
( a) approved Drawings Nos. 86281-18, 3 0 , 31, 32, 33, 35, 36, 37, 39,
4 0 , 41, 42, 43, 44, 45, 47, 48,
4 9 , 51, 52, 53, 54 and 55, showing
t h e development of Jane Sandeman C o u rt (the former Le Brun's Bakery c o m plex), Brighton Road and
C o l umbus Street, St. Helier , to
p r o vide 35 one-bedroomed and 7
t w o -bedroomed units of
a c c ommodation;
( b) authorised the Greffier of the
S t a tes to sign the said Drawings
o n behalf of the States.
Haut du Mont - Phase II, Pier
Road, St. Helier : approval of Drawings.
THE STATES, adopting a Proposition of the Housing Committee -
( a) approved Drawing Nos. 2788/5,
2 7 8 8/6 and 2788/7 showing Phase II
o f t he development of Haut du
M o nt, Pier Road, to provide 11
u n i ts of one-bedroomed
a c c ommodation;
( b) authorised the Greffier of the
S t a tes to sign the said Drawings
o n behalf of the States.
Archirondel Cottage, St. Martin: refurbishment. P.123/89.
THE STATES commenced consideration of a Proposition of the Housing Committee regarding refurbishment of Archirondel Cottage at St. Martin . After discussion,
and on the proposition of Deputy Sir Martin Le Quesne of St. Saviour, the Proposition
was lodged au Greffe''.
Refuse incinerator plant extension: approval of Drawings.
THE STATES, adopting a Proposition of the Resources Recovery Board -
( a) approved Drawings Nos
1 / 8 82017/A/002B and 003D showing t h e extension to the refuse
i n ci nerator plant at Bellozanne
V al ley, St. Helier ;
( b) authorised the Greffier of the
S t a tes to sign the said Drawings
o n behalf of the States.
Sewage treatment works extension: approval of Drawings.
THE STATES, adopting a Proposition of the Resources Recovery Board -
( a) approved Drawings Nos. JSB/3/002, 0 0 3 , 005, 006, 007, 012, 016 and
J S B /2/212, 8911/01, 32001/5/015,
0 2 2 , showing the construction of a
s m a ll control room and civil
e n g ineering works associated with
t h e extension to the digester
p l an t at Bellozanne Valley, St.
H el ier;
( b) authorised the Greffier of the
S ta tes to sign the said Drawings
o n behalf of the States.
Minimum income for elected members of the States: removal of age limit. P.93/89.
THE STATES rejected a Proposition
of Deputy Maurice Clement Buesnel of St. Helier requesting the Legislation Committee to amend the Act of the States dated 28th April, 1981, with regard to the provision
of a minimum income for elected members of the States so as to remove the age
restriction of sixty-five years.
Members present voted as follows -
P o u r'' (10)
Senators
B aal, Carter.
Connétable
G rouville.
Deputies
d e la Haye(H), St. Martin , Buesnel(H), H uelin(B), Bailhache (H), Rabet(H),
S .M. Baudains(H).
C o n t re'' (37)
Senators
J eune, Binnington, Horsfall, Ellis,
R othwell, Brooke, Le Maistre, Stein.
Connétable s
S t. John, St. Peter , St. Helier, St.
C lement, St. Lawrence, St. Mary, St. O uen, St. Brelade , Trinity .
Deputies
M orel(S), Le Gallais(S), Roche(S), Le Q uesne(S), Trinity , Vandervliet(L),
R .E.R. Rumboll(H), Beadle(B),
W avell(H), Billot(S), Norman(C), St. J ohn, St. Peter , H.H. Baudains(C),
C .M. Rumboll(H), Le Sueur(H), St.
O uen, Coutanche(L), Jordan(B), St.
M ary.
Rezoning of land for Category A housing. P.57/89.
(Petitions regarding rezoning of land - P.94/89, P.106/89, P.107/89 and P.122/89 refer).
THE STATES commenced consideration of the Proposition of the Island Development Committee on the rezoning of land for Category A residential development. After discussion, the States agreed to defer further consideration of
the Proposition until Tuesday, 29th August, 1989.
Victoria College stonework: remedial work. P.116/89.
THE STATES, adopting a Proposition
of the Education Committee -
( a) accepted the tender submitted by C a t hedral Works Organisation
( C h ichester) Limited for remedial w o rk on the stonework of Victoria C o l lege in the sum of #1,709,000
o v e r a tender period of 70 weeks,
s u b ject to the necessary bond
b e in g obtained;
( b) authorised the Greffier of the S t a tes to sign the necessary
a g r eement with the contractor.
THE STATES adjourned at 6.05 p.m. until Tuesday, 29th August, 1989.
G re f fier of the States.