States Minutes 25th July 1989

STATES MINUTES 2 5 th Ju ly, 1989 P r ic e : # 2 .0 0

 THE STATES assembled on Tuesday, 25th July, 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 Betty Brooke - out of the

 I sland.

 E dgar John Becquet, Deputy of

T rinity - out of the Island.

 R obin Ernest Richard Rumboll, Deputy

o f St. Helier - out of the Island.

C ynthia Miriam Rumboll, Deputy of St. H elier - out of the Island.

 D erek Ryder Maltwood, Deputy of

 S t. Mary - out of the Island.

_ _ _ _ _ _______

P r a y e rs  

_ _ _ _ _ _______

Senator Stein - congratulations.

The Bailiff , on behalf of the

Assembly, congratulated the former Deputy of Grouville , Mrs. Corrie Stein, on her election as Senator.

Subordinate legislation tabled -

The following enactments were laid before the States, namely -

 1 .  Gorey Pier Fête  (Jersey) Order, 1 9 8 9. R & O 7936.

 2 .  Parish of St. Clement Fête

( J er sey) Order, 1989. R & O 7937.

3 .  Road Traffic (Saint Martin)

( J er sey) Order, 1989. R & O 7938.

 4 .  Road Traffic (Public Parking

P l a ces) (Amendment No. 10)

( J er sey) Order, 1989. R & O 7939.

 5 .  Depositors and Investors

( P r evention of Fraud) (List of

R e g istered Persons) (Amendment) ( J er sey) Order, 1989. R & O 7940.

 6 .  Health Insurance (Pharmaceutical

B e n efit) (General Provisions)

( A m endment No. 28) (Jersey) Order, 1 9 8 9. R & O 7941.

Contingencies vote of credit - Public Health Committee.

THE STATES noted an Act of the

Finance and Economics Committee dated 26th June, 1989, informing the House that it had made available out of its Contingencies

vote of credit the sum of #62,000 to the Public Health Committee to finance the refurbishment of Le Quesne Ward at the General Hospital for use as a temporary isolation unit for treatment of patients suffering from Methicillin Resistant Staphylococcus Aureus (MRSA).

Industrial Relations Advisory Service Report for 1988. R.C.13.

The Industrial Relations Committee

by Act dated 25th July, 1989, presented to the States a report of the Industrial Relations Advisory Service for 1988.

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

Probation Service Report for 1988. R.C.14.

The Prison Board by Act dated 26th June, 1989, presented to the States the Report of the Probation Service for 1988.

THE STATES ordered that the said Report be

printed and distributed.

States of Jersey Fire Service Report for 1988.

The Defence Committee by Act dated 11th July, 1989, presented to the States a Report on the administration of the States of Jersey Fire Service for the year 1988.

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

Motor Traffic Office Report for 1988.

The Defence Committee by Act dated 11th July, 1989, presented to the States a Report of the Motor Traffic office for 1988.

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

Telecommunications Board Report for 1988.

The Telecommunications Board by

Act dated 14th July, 1989, presented to the States its Report for the year ended 31st December, 1988.

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 26th June and 10th July, 1989, showing that

in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

 ( a) as recommended by the Public

H  ea lth Committee, the sale to the

J e rs ey Electricity Company Limited

o f an area of land measuring 6.5

s q u are metres at The Limes, Green S t re et, St. Helier, required for

u s e as an electricity sub-station, f o r a consideration of #10, and

t h e grant to the company, in

p e r petuity free of charge, of a

s e rv itude for high tension cables, w  it h each side being responsible f o r the payment of its own legal f e es ;

 ( b) as recommended by the

H  o using Committee, the granting to th e Jersey Electricity Company

L i m ited of servitudes required for

h i g h tension cables at Pier Road,

S t . Helier, in accordance with

P l a n No. 221.916.9.25273, dated

1 0 t h March, 1989 for a nominal

c o n sideration of #10, with each

s id e being responsible for the

p a y ment of its own legal fees;

 ( c) as recommended by the

H  o using Committee, the leasing of t w o areas of land measuring 19.8

s q u are metres and 0.25 square

m  et res respectively on the

V  au xhall Gardens site, St. Helier

t o t he Jersey Electricity Company L i m ited for a period of 99 years

a t a rent of #1 a year, with all

p a y ment committed forward to the i n ce ption of the agreement and the g r a nt, in perpetuity free of

c h a rge, of any servitudes required f o r high tension cables, with each s id e being responsible for its own l e ga l fees;

 ( d) as recommended by the

H  o using Committee, the sale of a

s m a ll area of land measuring

a p p roximately 500 square feet,

a d jo ining 45 Don Farm, St. Brelade t o M r. Ian Robinson of that

a d d ress, for a consideration of

# 5 0 0 with Mr. Robinson being

r e sp onsible for the construction

o f b oundary walls and for the

p a y ment of all legal fees;

 ( e) as recommended by the Public

W  o rks Committee, the passing of a C o n trat de Bornement with Joco

P r o perties Limited in respect of

O c ean View' and with Mrs. Violet M  a rion Le Gros, née Goldsmith, in r e sp ect of The Nest' in order to

a g r ee the boundary line between

t h o se properties and Coronation

P a r k, Victoria Avenue, St.

L a w rence, also agreeing that the

p u b lic of the Island should

r e co gnize the trespass of Ocean

V  ie w' on to the relief on the east

s id e of the boundary line for a

c o n sideration of #250 and that the

o w  ners of that property should be

a w a rded rights of access for

w  o rkmen and materials in order to m  ai ntain the west gable thereof

a n d agreeing that the owner of

T h e Nest' should be granted the

r ig h t to build up to the

d e m arcation line without relief,

w  it h Joco Properties Limited being r e sp onsible for all legal fees.

Matters noted - financial transactions.

THE STATES noted an Act of the

Finance and Economics Committee dated 10th July, 1989. showing that in pursuance of

Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that -

 ( a) the Education Committee had

a c c epted the lowest of four

t e nd ers, namely that submitted by H  ac quoil and Cook Limited, in the s u m of #65,915.00 for the

c o n struction of a two-storey

d w  elling at Mont Nicolle School, S t . Brelade;

 ( b) the Housing Committee had accepted t h e lowest of six tenders, namely

t h at submitted by R.J. Wilkinson

L i m ited in the sum of #415,000.00

i n a contract period of 42 weeks

f o r the demolition of Nos. 12,

1 2 ½ , 14, 16, 18 and 20 Dorset

S t re et, St. Helier and the

c o n struction of seven two-

b e d roomed houses.

Matters lodged.

The following subjects were lodged

au Greffe'' -

 1 .  Draft Health and Safety at Work ( A p peal Tribunal) (Jersey)

R e g ulations, 198 . P.108/89.

P r e sented by the Social Security C o m mittee.

 2 .  Draft Health and Safety at Work ( Im  provement and Prohibition

N  o tices Appeals) (Jersey)

R e g ulations, 198 . P.109/89.

P r e sented by the Social Security C o m mittee.

 3 .  Public Employees Contributory R e t irement Scheme: legislation. P . 1 10/89.

P r e sented by the Establishment C o m mittee.

T HE STATES decided to take the

a bovementioned items into

c onsideration on 22nd August, 1989.

The following subjects were lodged on 4th July, 1989 -

 1 .  Telephone House:

r e fu rbishment. P.101/89.

P r e sented by the

T e l ecommunications Board.

 2 .  Draft Currency Notes (Variation of M  a ximum Amount of Issue) (Jersey) R e g ulations, 198 . P.102/89.

P r e sented by the Finance and

E c o nomics Committee.

T HE STATES decided to take the abovementioned items into

c onsideration at the present Sitting.

The following subjects were lodged on 11th July, 1989 -

 1 .  Draft Water (Control of Supply) ( J er sey) Regulations, 198 .

P . 1 03/89.

P r e sented by the Public Works

C o m mittee.

 2 .  Housing Committee: vote of

n o confidence. P.104/89.

P r e sented by Senator Richard

J o s eph Shenton. The States decided

t o t ake this subject into

c o n sideration under Public

B u s iness at the present Sitting as t h e first item after the

P r o position relating to Nos. 9-13 W  in dsor Road, St. Helier.

The following subject was lodged on 18th July, 1989 -

D raft Bankruptcy (Désastre)  (Jersey)

L aw, 198 . P.105/89.

P resented by the Finance and Economics C ommittee.

Matters lodged au Greffe'' withdrawn.

THE STATES noted that in

accordance with Standing Order 17(6) the following subjects, which were lodged au Greffe'', had been withdrawn -

M aternity Hospital premises, St.

H elier - conversion: additional vote

o f credit. P.81/88.

L odged: 28th June, 1988.

F inance and Economics Committee.

C ommunity Health Services:

s upplementary votes of credit.

P .82/88.

L odged: 28th June, 1988.

F inance and Economics Committee.

P ublic Works - administration and

p ublic buildings: supplementary votes

o f credit. P.84/88.

L odged: 28th June, 1988.

F inance and Economics Committee.

Draft Water (Control of Supply) (Jersey) Regulations, 198 . P.103/89. Withdrawn.

THE STATES acceded to the request

of the President of the Public Works Committee that the draft Water (Control of Supply) (Jersey) Regulations, 198  (lodged on 11th July, 1989) be withdrawn.

Housing needs: Committee of Inquiry. P.97/89.

THE STATES referred the

Proposition of Senator John Stephen Rothwell regarding the setting up of a Committee of Inquiry into the future housing needs of the Island (lodged on 20th June, 1989) to the Policy and Resources Committee for report.

Tenants in private sector: security of tenure. P.100/89.

THE STATES acceded to the request

of Senator John Stephen Rothwell that his Proposition regarding security of tenure for tenants in the private sector (lodged

on 27th June, 1989) be considered on 22nd August, 1989.

Rezoning of land for Category A housing: petition. P.106/89.

Senator John Stephen Rothwell presented to the States, on behalf of certain inhabitants of the Island of Jersey, a petition regarding the rezoning of land for category A housing (P.57/89).

Fields 846, 846B, 847, 865, 866

and 873, St. Lawrence: petition regarding proposed rezoning. P.107/89.

Deputy Henry George Coutanche of

St. Lawrence presented to the States, on behalf of certain residents of the Parish of St. Lawrence, a petition regarding the proposed rezoning of Fields, 846, 846B, 847, 865, 866 and 873, St. Lawrence (P.57/89).

Income Tax. Questions and answers.

Deputy Maurice Clement Buesnel of

St. Helier asked Senator Reginald Robert Jeune , President of the Finance and Economics Committee, the following questions -

1.  Will the President say how

m  a n y wage and salary earners h a v e j oined the voluntary pay

a s y o u earn scheme announced e a r li e r this year by the

I n c o m e Tax Department?

 2 .  Will the President give the

a m o unts of income tax outstanding f o r the years ending December 1986 a n d December, 1987?

 3 .  Will the President say how

m  an y prosecutions for non-payment

o f i ncome tax were instituted in

1 9 8 6, 1987 and 1988?

 4 .  Will the President give the

t o ta l amount of income tax unpaid a n d owing to the States as at

D  ec ember, 1988?

 5 .  Will the President state the

c o s t during 1988 of recovering u n p aid income tax?

 6 .  Is the President satisfied that

t h e use of ancient customary law b y the Income Tax Department in a t te mpting to collect unpaid

i n co me tax is justified in 1989

h a v ing regard to the fact that it

i n v olves imprisonment of the

i n d ividual?''

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

1.  The scheme to which the Deputy

r e fe r s is not a pay-as-you

e a r n s cheme. It is a scheme

w  h ic h enables individuals

t o p a y their 1988 tax by

i n st a lm ents over the course of

1 9 8 9 , rather than having to

m  e et t he whole bill in one

l u m p sum in September. 194

i n d iv i duals have taken up the

o f fe r t o pay in this fashion,

w  h il e a further 108 are paying

o f f a rr ears of tax first,

b e f o re going on to make

p a y m  ents towards their 1988

t a x .  

2 . Collectable tax at 7th July, 1989 w as as follows -

Y  ea r of assessment:  1986  1987

# m # m

C o m panies 0 . 4 0 .9

S e l f-employed 0 . 3 0.7

E m  ployees 1 . 9 4 .5

  2 . 6 6 . 1  

E x p ressed as a percentage

o f t ax charged 2 .4 %  4.9%

M  o st of the company tax is

r e p resented by the recently agreed b a la nces of tax payable upon

s e tt lement of appeals. The

m  aj ority of the tax in the other

t w o categories relates to sums

o u t standing for some time, mostly b e in g reduced by instalments paid v i a wage arrests or voluntary

a r ra ngements.

 3 . 1 9 86 8 0 0  approximately 1 9 8 7   9 3 7

1 9 8 8   1 ,7 9 9

I n a bout half of these cases the

l e ga l action was withdrawn before i t c ame to Court because the tax

h a d been paid, or the debtor had

r e ac hed agreement with the

C o m ptroller for payment by

v oluntary instalments. 1988 was

t h e first full year in which the

s y s tem was computerised; the large i n cr ease represents a reduction in

t h e backlog of cases that had

b u i lt up under the manual system.

4 . As at 31st December, 1988 the t o ta l collectable tax was -

# m  

C o m panies 2 . 7

S e l f-employed 4 . 7  

E m  ployees 2 0 .8

  2 8 .2  

M  o st of that sum, #28.2m, related t o 1 986 and 1987 tax and the

D  ep uty will note from the answer t o q uestion 2 that the collectable t a x for those two years had

r e d uced to #8.7m at 7th July this y e a r.

 5 .  There are four officers in the

I n c ome Tax Department whose job it i s to collect tax in cases where

o r d inary reminders have not had

t h e desired effect. Their salaries

t o ta lled #60,000 in 1988. Legal

e x p enses are recovered from the

d e b tors.

 6 .  The tax debtor is not treated

d i ff erently from any other

j u d gment debtor. Imprisonment, the u l ti mate sanction, is not

c o n sidered unless all other

e f fo rts have failed and, in fact,

o n l y two or three tax debtors have

b e e n imprisoned in the last ten

y e a rs.''

Tourist arrival figures and

further leisure facilities. Questions and answers.

Deputy Maurice Clement Buesnel of St. Helier asked Senator John Stephen Rothwell, President of the Tourism Committee, the following questions -

1.  W ill the President say

w h e th e r his Committee is

sa t is f ie d that the tourist

ar r iv a l figures to date are

sa t is f a ctory in relation to

h is C  o mmittee's advertising an d m  arketing expenditures?

 2 .  Will the President say what steps h i s Committee are taking to

p r o mote the creation of another

g o l f course and the installation

o f a fun pool?''

The President of the Tourism Committee replied as follows -

1. (a)  T ourist arrival figures

In th e first five months of

1 9 8 9 , 456,128 persons arrived in th e Island, compared with

4 1 5 ,9 25 in 1988, an increase of 4 0 ,2 0 3 (10 per cent). Air

ar r iv a ls so far this year

am  o u nt to 317,380, an increase

o f 1 4 ,631 (5 per cent), while

se a a rrivals of 138,748 show an in c r e ase of 25,572 (23 per

ce n t ) .

T o ta l arrivals from the United K i n g dom until the end of May w e r e 239,071 by air, and 47,083 b y s e a. These represent an

in c r e ase of 5,128 (2 per cent) an d 1 0,939 (30 per cent)

re s p e ctively compared with the sa m  e period last year.

T o ta l arrivals from the

co n t i nent by air were 18,068,

a n i m provement of 2,343 (15 per ce n t ) , and continental arrivals

b y s e a were 68,744, a rise of

1 0 ,8 2 2 (19 per cent) compared to th e same period last year.

H o w e ver, as the statistics

in c l u de business travel and tr a v e l of local residents, (it is e s t imated that only 46 per ce n t o f these travellers enter h o te l accommodation), there m u s t be caution in their use.

T he Tourism Committee believes th e b ed occupancy figures and

it s o w n market intelligence is

m o r e useful in assessing the

st a te of the summer season.

( b ) B e d o c c u pancy

B e d o ccupancy figures for the

y ea r to date are satisfactory,

es p e c ially for hotels, but

th e r e is some fear that the

h ig h season occupancy level may b e 5 p er cent down on last

y ea r . Actual comparisons so far fo r h o tels only are as

fo l lo w s -

1 9 8 8 1 9 8 9

B e d %   O c cu-  Bed % Occu -

M o n t h nights pancy nights pancy

Ja n u a ry 15,395 24% 18,061  23% F e b ru ary 23,305 3 2% 22,892

3 1 %

M a r c h 67,889  44% 98,648 46% A p r il 218,847 56% 216,045  50% M a y 334,087 70% 350,373  73% Ju n e 391,000  84% 360,000  79% (P r o v isional,

u n co n firmed).

T h e p ercentages quoted relate

to th e number of hotel bed

n ig h t s (guest houses are not

su r v e yed) available on the

m a r k et at that time. Beds drop to a s low as 3,500 in January

b u t re ach their maximum in high se a s o n of 23,900 this year.

T h e C  ommittee's officers

re g u l arly update their market in t e ll igence about the state of t h e s eason by talking both

w i th carriers and hotel and

g u es t house proprietors. This su g g e sts that the picture in

Je r s e y is varied this year.

H o t el s with a high percentage

o f re p eat business and good fa c i li ties are generally very

h ap p y , but those relying more

o n t o ur operator business

ap p e a r to be less so.

Je r s e y Tourism believes that

1 9 8 9 will be a year in which th e sh oulder periods March - M a y and September - October w i ll b e very satisfactory,

w h i le the mid season will be a fe w p ercentage points down on la s t y ear. Please bear in mind, h o w e ver, that 1988 was a very g o o d season.

( c ) General comments on tourism tr e n d s and 1989 season

L o o k ing at our main market, the U n i te d Kingdom, there are a

n u m b er of factors which are

af f e c ting adversely the market p la c e for the holiday

in d u s try -

(i ) i n creased mortgage rates;

(i i) a huge growth in United Ki n g d o m holidays;

(i ii ) e xcellent weather in the U n i te d Kingdom resorts;

(i v ) a irline problems: air traf fi c a n d disasters;

(v ) t h e cheapness and

p o p u la r ity of long haul tr a v e l.

W h a t is most certain is that

th e su pply of holidays in the

U n i te d Kingdom market

co n s i derably outstrips demand th i s y ear, particularly in July

an d A ugust. In these

ci r c u mstances, Jersey is

h o ld i ng its own extremely well as c o mpared with other overseas h o li d ay destinations popular

w i th the British. Also, it is

n o w an established fact that

p eo p l e are booking later and

th a t J ersey is getting its

sh a r e of these last minute

b o o k ings.

T h e C  ontinental market

co m  p rises about 20 per cent of

o u r to tal visitors to the

Is l an d . Continental arrivals

ar e u p on 1988 according to

th e m ain carriers and tour

o p er a tors, probably by up to 10 p er c ent. This is particularly

en c o u raging since trading in

g en e r al from European countries to tr a ditional holiday

d es t in ations are down,

so m  e times by up to 15 per cent.

In th e market conditions ap p l y ing this year, the Tourism C o m m ittee is satisfied that its ex p e n diture on marketing has b ee n well spent. We are

co n s t antly reviewing our

ac t iv i ties to ensure that we

m a x i mise the return on our

in v e s tment.

2 .  (a)  Golf course

T h e f irst States' decision

su p p o rting the provision of a

th i rd 18-hole golf course

re s u lt ed from the initiative of

th e T ourism Committee

(P . 6 6 /83). The Tourism

C o m m ittee asked the States to

ag r e e in principle to the

p ro v i sion of a public 18-hole

g o lf c ourse and to request the

Is l an d Development Committee to b ri n g to the States a

p ro p o sition to rezone an area

o f la n d suitable for the

p u rp o se. The States agreed this

P ro p o sition on 14th June, 1983.

T h e re have been several

d eb a t es about sites in the last

si x y e ars but, with the

ap p r o val of the States, the

F in a n ce and Economics Committee is n o w negotiating to purchase

la n d in the Les Creux/Beauport

ar e a t o enable the construction

o f th e Island's third 18-hole

g o lf c ourse to go ahead. The

l a test position on the land

n eg o t iations is that everything

is p r o ceeding well and that

th e r e should be a playable golf

co u r s e within three years.

It s h o uld be noted that this w i ll b e the first public 18- h o le golf course in Jersey, m a k i ng it available for

re s id e nts and tourists.

( b )  Fun pool

W i t h regard to the installation

o f a f un pool, the House will b e aware that the Fort Regent D e v e lopment Committee is ac t iv e ly considering the

cr e a ti on of a leisure pool at

F o rt R egent, with the support

o f th e Tourism Committee. The F o rt R egent Development

C o m m ittee intends to present a fu l l r eport to the States early

in 1 9 90, outlining the various al t er n atives. In the meantime,

F o rt R egent is investigating

w h e th er private financing

an d / o r management might be an

o p ti o n.

Je r s e y Tourism submitted a

st r o n g case for a leisure pool

to P ic kering-Torkilsden

P a rt n ership, the United Kingdom fi rm   of recreational and

le i su r e consultants, who were

co m m issioned by the Advisory C o u n cil for Sport, Leisure and

R e c re ation to carry out a

su r v e y to determine the

re q u i rements of the Island for

aq u a t ic facilities.

T he Tourism Committee believes th a t a leisure pool would be

v al u a ble to increase Jersey's

ap p e a l to the young and to

y o u n g professionals with

fa m  il ies. Our last visitors

S u rv e y in 1987 showed that 10

p er c ent of visitors are in the

ag e r ange 16-24; 15 per cent in th e ra nge 25-34; 15 per cent in

th e ra nge 35-44. 17 per cent of

al l p a rties included children

u n d er 16. Jersey Tourism also

h as a policy of increasing off

se a s o n traffic and, therefore,

it i s e ssential to provide more

g o o d quality indoor

at t ra c tions. A leisure pool

w o u l d be a major attraction for Je r s e y, one which Jersey

T o u ri sm could feature very

st r o n gly in its marketing and

o n e w hich we believe would

in c r e ase our off season

b u si n ess. Equally, the Tourism

C o m m ittee believes that such a fa c i li ty would prove very

at t ra c tive to local residents, es p e c ially families, all year ro u n d .

Je r s e y Tourism believes that we m u s t be aware of major

in v e s tments in the United

K i n g dom leisure market and that th e tr avelling public is

b ec o m ing increasingly

so p h i sticated in its demands

fo r l e isure facilities,

h o w e ver, it is committed to

p ro t e cting Jersey's special

im  a g e and ensuring

th a t d evelopments are in

sy m  p athy with our Island, not

h ar s h imported solutions.''

Report on the immigration issue. Question and answer.

Deputy Maurice Clement Buesnel of St. Helier asked Senator Richard Joseph Shenton, President of the Defence Committee, the following question -

  Will the Defence Committee, through  t he Immigration Department, produce a  t ruly comprehensive report on the

 i mmigration issue which will take into  c onsideration Dr. Plender's oral

 s ubmission to the States?''

The President of the Defence Committee replied as follows -

  On 11th July, 1989, the Defence

 C ommittee received a paper prepared by  t he Immigration Department entitled

  Preparing for 1993'.

T his paper, which the Committee has a ccepted as a discussion document,

a ddresses the question raised by

D eputy Buesnel and also a similar one l odged by him on 14th February this y ear.

A ppreciating that the paper draws a ttention to certain points of

i mmigration law which require

c larification and that its subject

w ill make a useful contribution to a nticipated future debate on

i mmigration matters generally, the C ommittee has referred the paper to t he Crown Officers and to the Policy a nd Resources Committee for

c onsideration.''

Fire Service's powers regarding

the safety of older types of multi-occupied property. Question and answer.

Deputy Maurice Clement Buesnel of St. Helier asked Senator Richard Joseph Shenton, President of the Defence Committee, the following question -

  Will the President say what powers  t he Fire Service has to inspect older  t ypes of multi-occupied property and  t o make and enforce safety

 r ecommendations relative to those

 p roperties if found necessary for

 p ublic safety?''

The President of the Defence Committee replied as follows -

1. Any premises registered under

th e T ourism Law are inspected

b y t h e Fire Service who make

an y r ecommendations necessary. T h e F ire Service would then

ch e c k that the recommendations h av e been complied with and

in f o rm the Tourism Committee

ac c o r dingly who would then

is s u e or renew the licence.

 2 .  Any premises registered as a

l odging house are inspected by the

F i re Service who make necessary

r e co mmendations. The Fire Service

w  o uld then check that the

r e co mmendations have been complied w  it h and inform the Housing

D  ep artment accordingly.

 3 .  Any premise that is a designated

p r e mise under the Fire Precautions ( J er sey) Law, 1977 has to apply

f o r a fire certificate following

w  h ich an inspection would be

c a rr ied out and a notice of

r e q uirements forwarded. The Fire S e r vice would then check that

t h es e requirements have been

c a rr ied out before issuing a fire

c e rt ificate.

 4 .  There are, however, certain

p r e mises which do not come under t h e umbrella of any of the above

l e gi slation and it is probably

t h es e that the Deputy is concerned a b o ut -

P r e mises that take five persons or l e ss

T h e se could be dealt with in the f o ll owing ways -

( a )  if any premises other than a s in g l e occupied dwelling m a k e s a n application to the Is l an d D evelopment

C o m m  i ttee for

ex t e n s io ns/ alterations

th e n th e Fire Service would m a k e r e commendations;

( b )  Article 9 of the Fire

P re c a u t ions (Jersey) Law, 1 9 7 7 g i ves the Defence

C o m m  i ttee the power

t o prohibit or restrict the u se o f p remise, or part of a p r e m i se, in cases of

ex c e s s iv e risk;

th i s w ould include any premise ex c e p ting a house that is used as a s ingle private dwelling

o n ly ;

( c )  under Article 2 of the Fire

P re c a u t ions (Jersey) Law,

1 9 7 7 t h e Defence Committee h as th e power to designate

fu r th e r classes of premises

    to c o m e within the scope of

th e L a w ;

h o w e ver, the Fire Service is

st il l c learing the backlog of

h o te l s, guest houses and

lo d g i ng houses that were

d es i g nated in October 1979 and co u l d not at present cope with fu r th e r investigations under

th e L aw;

( d )  however, if a premise is

co n s i d e red a risk and is

b ro u g h t to the attention of th e Fire Service then an in s p e c ti on will be carried

o u t a n d recommendations m a d e a c cordingly.''

Granting of licences for office

and luxury residential development under Part III of the Regulation of Undertakings and Development Law. Policy statement.

The President of the Finance and

Economics Committee made a statement in the following terms -

  Before I respond to Senator

 R othwell's questions, I believe it

 w ould be helpful to the House if I

m ake a statement of the Finance and

 E conomics Committee concerning the

 g ranting of licences in the future

 u nder Part III of the Regulation of

 U ndertakings and Development (Jersey)  L aw for office and luxury residential

 d evelopment.

O ffice development

 1 .  The Finance and Economics

C o m mittee's present policy is to

g r a nt a licence under Part III of

t h e Regulation of Undertakings and D  ev elopment Law, for office

d e v elopment, where the floor space t o b e constructed is to be

o c c upied by an established

u n d ertaking whose activities are

o f s ignificant benefit to the

I s la nd, and where the development c a n be accommodated without

p l ac ing unacceptable pressures on t h e Island's resources, and those

o f t he construction industry in

p a r ticular.

 2 .  In looking to the opportunities

f o r residential development within

t h e urban area, the Policy and

R e s ources Committee has asked the

F i n ance and Economics Committee to r e v iew its policy with regard to

o f fi ce development.

3 .  The Finance and Economics

C o m mittee, in response to this

r e q uest, has decided that in

c o n sidering future applications

f o r a licence to undertake office

d e v elopment, having regard to the

n e e d to regulate and manage demand

o n the resources of the Island -

a s t he Committee is required to do

u n d er Article 5 of the principal

L a w it will -

( i)  seek to ensure that urban la n d su i table for housing is p u t t o that use;

( ii ) continue to seek to ensure th a t s u f ficient resources

o f th e c onstruction

in d u s tr y are made available to u n d e rtake house building b y l im  it ing the extent of

th e co m peting pressures for th o s e r e sources from other fo r m s o f public and private d ev e l o p ment.

 4 .  The Committee also will continue

t o h ave proper regard for the

f lo o r space requirements of the

f in a nce industry and other sectors

t h at arise from an accepted rate

o f b usiness expansion, and from

t h e need to accommodate new

i n fo rmation technology. However,

t h e Committee shares the view of

t h e Policy and Resources Committee t h at there is, in the following

t w o categories, sufficient office

d e v elopment underway or in

p r o spect to satisfy the needs of

t h e business community for the

f o re seeable future -

( a )  licences already granted

fo r o f f ic e development

w h e r e w ork is underway or w h e r e w ork is shortly to

co m  m  e nce;

( b )  two or three sites which

h av e I sl and Development C o m m  i ttee approval for

o ff ic e d evelopment, which

ar e co n s idered unsuitable fo r h o u s ing because of

th e i r lo c ation or

co n f i g u ration, and where

n eg o t i a tions between a

d ev e l o p er and an

in s ti t u ti on whose business ac t iv i t ie s are of

su b s t a n tial benefit to the

Is l an d h ave been underway fo r s o m e time and it is

u n d er s t ood are close to

b ei n g b rought to a

sa t is f a c tory conclusion.

I n a ny event where a licence

i s g ranted the Committee will

c o n tinue to require a firm

a g r eement between the developer a n d an occupant, and the latter

w  il l need to be a long established u n d ertaking of considerable

b e n efit to the Island not only in

i ts c ontribution to tax revenues

b u t also in the recruitment and

t ra i ning offered to local

r e si dents.

 5 .  With the exception of the

s it e s referred to in paragraph 4

a b o ve, the presumption should be

t h at for a period of at least five

y e a rs the granting of licences for

o f fi ce development will not be in

t h e Island's best interests. That

i s, t he land and/or construction

i n d ustry resources would be better

u s e d for housing. The only

p o s sible exception to this policy

w  o uld be sites that all concerned

a c c ept to be unsuitable for

h o u sing, and where the relatively

s m a ll scale of construction is

s u c h that it can be readily

a c c ommodated within an acceptable c o n struction programme. In this

l a tt er context, it should be

a s s umed that such exceptions are

e x tr emely unlikely for at least

t w o or three years.

L uxury residential development

 T he Finance and Economics Committee  i s according luxury' residential

 d evelopments a very low priority,

  luxury' being defined by reference to

 t he size and expected selling price of

 t he individual dwelling units

c oncerned. Having regard to the

c ontinuing need to manage the

r esources of the Island - and with the p articular requirements of low cost h ousing in mind - it should be

p resumed that for the foreseeable

f uture, other than in exceptional

c ircumstances, no licences will be

g ranted for luxury' residential

d evelopment under Part III of the

R egulation of Undertakings and

D evelopment Law.''

Office and luxury development. Questions and answers.

Senator John Stephen Rothwell

asked Senator Reginald Robert Jeune , President of the Finance and Economics Committee, the following questions -

1. In view of the moratorium on

o ff ic e and luxury development

an n o u nced publicly by the

F in a n ce and Economics Committee la s t W ednesday, could the

P re s i dent inform the House how

m u c h new office development his

C o m m ittee has agreed to, the

n am  e s of the companies

in v o l ved, the square footage

an d h ow many new jobs would be cr e a te d by these decisions?

 2 .  Where companies are moving

f ro m existing offices to new

o f fi ces, could the President tell

u s h ow much square footage will

b e come vacant and will such vacant a c c ommodation be referred as soon

a s p ossible to the Island

D  ev elopment Committee for possible u s e for housing?

 3 .  What new luxury development h a s already been agreed to?

 4 .  What effect will the permission

g i v en for new office development

h a v e on the use of existing

b u i lding manpower resources which c o u ld impact on the speed of

c o n struction of Category A housing so urgently needed?

 5 .  Could the President explain why h i s Committee gave permission in t h e first place to so much office

a n d luxury development?''

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

1. I would draw the attention of

M e m  bers first to that part of

m y st atement which refers to

th e p olicy of the Finance and

E c o n omics Committee as applied in re c ent years. That is, any

o ff ic e development currently

u n d er way or licensed and not

y et st arted is for a known well