States Minutes 28th February 1989

THE STATES assembled on Tuesday, 28th February, 1989 at 10.15 a.m. under the Presidency of the Bailiff ,

Sir Peter Crill, C.B.E. ____________

All members were present with the exception of –

Robin Ernest Richard Rumboll, 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.

Cynthia Miriam Horne, Deputy of St. Helier – out of the Island.

____________

Prayers ____________

Report on proposed coal-fired power station at La Collette.

The  Island  Development  Committee  by  Act  dated  9th  February, 1989,  presented  to  the  States  a  report  of  W.S. Atkins,  planning consultants, on the proposed coal-fired power station at La Collette.

Matters noted – land transactions.

THE  STATES  noted  an  Act  of  the  Finance  and  Economics Committee dated 20th 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 cession, free of charge, by Mr. Frederick Edward

59   Price : 75p

Renouf of 620 square feet of land situated between Beaumont and Bel Royal, St. Lawrence , required in order to regularise the position with regard to the use of the area involved which had become an inherent part of the public highway. The Committee would construct a lay-by for Mr. Renouf and would be responsible for reinstatement works and the payment of legal fees;

2. as recommended by the Housing Committee, with the support of the Island Development Committee, the acquisition from Axminster House ( St. Helier ) Limited of the moiety of the party wall at Axminster House, Devonshire Place, St. Helier , and various rights thereto, for a consideration of £20,000 with the Committee being responsible for the payment of legal fees;
3. as recommended by the Harbours and Airport Committee, the leasing to Mr. Anthony Noel Legg of Salmon-Trout Fisheries of the bunker below the Port Control Station on the Victoria Pier, designated Letting No. V32 for a further period of three years, with effect from 1st February, 1989, at an annual rent of £1,000;
4. as recommended by the Establishment Committee, the leasing from 23, Havre des Pas Limited of Flat 6,23, Havre des Pas, St. Helier , for a period of two years commencing 26th February, 1989, at an annual rent of £5,980 fixed for the term of the lease, required for occupation by an essential employee appointed on a contract basis.

Matters lodged.

The following subjects were lodged "au Greffe" –

1. Draft Costs in Criminal Cases (Witnesses' Allowances) (Amendment No. 2) (Jersey) Regulations, 198 . P.24/89. Presented by the Finance and Economics Committee. The States decided to take this subject into consideration on 14th March, 1989.
2. Draft Motor Traffic (Third-Party Insurance) (Amendment No. 7) (Jersey) Law, 198 (P.176/88): amendment. P.25/89.

Presented by the Defence Committee.

Draft Family Allowances (Jersey) Regulations, 198 . P.168/88.

THE STATES acceded to the request of the President of the Social Security Committee that the draft Family Allowances (Jersey) Regulations, 198 (lodged on 6th December, 1988) be considered on 14th March, 1989.

Regulation 1(1)(j) consents – essentially employed. Questions and answers.

Senator Richard Joseph Shenton asked Deputy Hendricus Adolphus Vandervliet of St. Lawrence , President of the Housing Committee, the following questions –

"1. How many Regulation 1(1)(j) consents were issued in

1988?

2. What were the categories of employment covered by these consents?
3. In view of the recent redundancies in the Finance sector, how many J' category consents have been returned?

4. If the answer to Question 3 is nil, does this mean that the training of locally qualified people is not taking place?"

The President of the Housing Committee informed the Assembly that he would reply to the questions at the next Sitting.

States' rental accommodation. Questions and answers.

Senator Richard Joseph Shenton asked Deputy Hendricus Adolphus Vandervliet of St. Lawrence , President of the Housing Committee, the following questions –

"1. How many people are at present on the States' urgent

housing list?

2. How many States, tenants are paying maximum rents?
3. Was a report on Troy Court prepared for the Finance and Economics Committee?
4. How many States' rental units are being built at the present time and where?"

The President of the Housing Committee replied as follows –

"1. There are about 540 cases registered on the States'

rental housing waiting list considered to be in urgent need of rehousing.

2. 1,300.
3. Yes.
4. There are 213 States' rental units currently under construction. These are as follows –

20 flats at Brighton Close, St. Helier ;

32 flats at Vincent Court, St. Helier ;

18 flats at Le Clos du Val, St. Helier ;

24 flats at Bingham Court, St. Helier ;

51 flats at Vauxhall Gardens, St. Helier ; 26 flats at Devonia Close, St. Helier ;

8 flats at Highbury Court, St. Helier ;

8 flats at Les Cinq Chênes, St. Saviour ;

2 flats at St. Martin 's Arsenal, St. Martin ; 24 flats at Jardin du Croquet, St. Brelade .

In addition, the Committee is out to tender on two schemes which will produce a further 31 dwellings and is advanced on preparations for new schemes on a number of other sites, with a yield of a further 296 dwellings."

Local news media and radio broadcasting stations. Questions and answers.

Senator Richard Joseph Shenton asked the Connétable of St. Brelade , President of the Broadcasting Committee, the following questions –

"1. Is the Committee satisfied with the independence of

Channel Television, Jersey Cable Limited and the Jersey Evening Post?

2. In view of the popularity with the public does not the Committee believe that it was unnecessary to ban Radio Force 7 and Contact 94 broadcasting from France?
3. Were the objections raised by vested interests in order to protect their advertising revenue?"

The President of the Broadcasting Committee replied as follows –

"1. I assume Senator Shenton is referring to the

shareholding of Channel Television and the Guiton Group in Jersey Cable Limited.

Following the introduction of Cablevision to Jersey, Channel Television, the Guiton Group and Rediffusion (Channel Islands) Limited each purchased a nominal shareholding in Jersey Cable Limited. Subsequently Channel Television's holding in Jersey Cable Limited increased when it purchased Rediffusion (Channel Islands) Limited which already had a holding in Jersey Cable Limited.

The Committee is satisfied with the independence of these companies.

Members will know that the cable experiment is continuing under a licence issued by the Telecommunications Board. However, the United Kingdom Cable legislation does not extend to the Island and, therefore, if any substantial extension of the cable service is to be provided, the States would first be asked to decide if they wanted it and then insular legislation would have to be enacted.

2. I believe it would be helpful to Members if I explained the background to the action taken recently by the French authorities.

In 1985 the Committee considered a request from a local company for permission to commence a local commercial radio station in the Island. The Committee, bearing in mind the decision of the States on 28th September, 1977 that the Channel Islands community radio service should not be operated on a commercial basis, and that BBC Radio Jersey had only been in operation for a relatively short period of time, decided that it was not prepared to recommend to the States at that time the setting up of another radio station. That company accepted this decision and approached the Home Office and the Consul de France about the allocation of a frequency to broadcast to Jersey from France. The Home Office informed the company that –

... the United Kingdom would expect the French regulatory authorities to co-ordinate any such proposal with them and it would be open to the United Kingdom to make representations to the French authorities should it appear that the proposals entailed deliberate coverage of the Channel Islands or are otherwise in contravention of the ITU Regulations. Number 2666 of the Radio Regulations provides that, outside the high frequency broadcasting bands (within which overseas broadcasting is permitted), broadcasting should only use sufficient power to provide an effective national service. The United Kingdom could, and would, insist, therefore, that a station was not set up in France with the intention of providing a service to the Channel Islands.'

The Committee issued a press statement in June, 1985.

The Home Office also informed the Committee that in practice the provision of an effective national service may entail unavoidable overspill into the territory of other administrations; but the United Kingdom would be entitled to insist that the technical characteristics of a French station are such as to minimise this overspill and could certainly insist that they do not set out with the intention of providing a service to the Channel Islands. If, however, the real or ostensible purpose of the station is to serve northern France, it may well be that the actual coverage area would include part of the Channel Islands – this is something which would need to be determined during the course of co-ordination.

The French authorities took the action they decided was appropriate in each case. The French authorities have not banned Radio Force 7, but the power of its transmitter has been reduced; Contact 94 was found by the French authorities to be illegal.

3. Objections were not raised by vested interests in order to protect their advertising revenue. In fact, the programmes of both Radio Force 7 and Contact 94 were published in the CTV Times and the Jersey Evening Post.

Objections were received from a local company, as a result of the advice it had received from both the Committee and the Home Office in 1985 that it could not operate a station in Jersey or operate a station in France with the intention of providing a service to Jersey. The BBC also protested to the Home Office about Contact 94 broadcasting to the Channel Islands in English in apparent contravention of international agreements, as stated in the report of the Radio Jersey Advisory Council for 1987/88."

Increase in water rate. Question and answer.

Senator Richard Joseph Shenton asked Senator Reginald Robert Jeune , President of the Finance and Economics Committee, the following question –

"In the light of the recent announcement by the Jersey New Waterworks Company Limited that there is to be an increase of about 21 per cent in the water rate, will the President inform the House whether his Committee intends to introduce measures designed to assist old age pensioners and other persons with limited means, on whom this increase is bound to have a considerable impact?"

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

"The Working Party on Need, in conjunction with the Finance and Economics Committee, has recently set up a Study Group of officers under the chairmanship of Mr. John Lees, Controller of Social Security, the terms of reference of which are to identify and study cash related benefits in relation to perceived needs and make recommendations as appropriate to the Working Party on Need. Insofar as the proposed increase in the water rate, together with other increases in the cost of living, bear particularly harshly on old age pensioners and other persons with limited means, I expect the Study Group to include in its recommendations ways in which those affected might best be assisted in meeting such costs.

Notwithstanding the recommendations to be made by the Study Group, the increase in the water rate together with other increases in living costs will be incorporated into the Jersey cost of living index and both the Social Security pension and the Parish Welfare benefit will reflect the increase in that index when adjustments are made to those payments later this year."

Senator P.G.K. Manton. Personal statement.

Senator Peter Geoffrey Kevitt Manton made a personal statement in the following terms –

"The House will know that I have been spiritually and physically drained by horrendous events since Christmas.

I ask permission to withdraw from the House and Committees for a time in order to regain health and strength. At the same time, may I apologise to the House for adverse publicity and for any indiscretions.

I shall strive to regain the standards that I have always set in public life."

Satellite television dish antennae. Statement.

The President of the Island Development Committee made a statement in the following terms –

"Following recent questions from Deputy Buesnel, I informed the House that the Committee wished to continue to receive applications for the erection of satellite television dish antennae until it had determined its policy.

I am pleased to inform the House that we have now agreed a policy and resolved how applications will be treated. Uppermost in our minds was the need to strike an acceptable balance between the protection of the visual amenities of the Island and the trouble and cost to the individual of the need to make an application. We were also conscious of the administrative cost to the community of additional services and controls.

Because each transmitting satellite will require a separate type of antenna the Committee were concerned about the possible proliferation of dishes and other devices on buildings throughout the Island. As the new satellite systems can operate with antennae of 60 cm (2 ft) diameter or less, we decided to make this size the first determining factor when judging whether an application would be required. All dishes larger than 60 cm in diameter, attached to any type of property or within the curtilage of a building, will require the consent of the Committee.

For an antenna of 60 cm diameter or less, consent will only be required where it can be seen from a public place. Where antennae will be hidden from view, no application will be required. By adopting this policy, the Committee hopes to encourage the public to place antennae in the least conspicuous places.

Where an application is required the Committee will judge the proposal on its merits, having particular regard to the technical requirements of the installation and the nature of the building and its surroundings. Particular attention will be paid to listed buildings, buildings of architectural quality and buildings in multiple occupation.

The Committee asks that applications be made on a simple form designed for the purpose. An advice note has been prepared to help applicants. To avoid delay in the processing of these applications, they will not be advertised and there will be no opportunity for the public to raise objections. When consent is granted, it will be limited to five years so the Committee can ask for the removal of any obsolete equipment which has fallen into disuse.

 After a year of operating this policy, the Committee will review it and make any amendments it considers necessary in the light of experience and public reaction."

Resident caretakers in high rise blocks of flats. Statement.

The President of the Housing Committee made a statement in the following terms –

"In a recent statement in the media the President of the Defence Committee has called for resident caretakers in Housing Committee, and private sector, high rise blocks of flats. I should like to advise the House on the current position with regard to Housing Committee properties.

Over ten years ago the Housing Committee decided that it could most effectively meet its obligations to tenants, whilst restricting increases in manpower, by replacing resident caretakers with mobile caretakers. This policy has worked very well and although the number of States' rental dwellings has nearly doubled in that time, the increase in the caretaker workforce has been minimal.

The Committee has been concerned for some time, however, about vagrants and alcoholics who may sleep overnight in the communal areas of blocks of flats. This is not restricted to high rise blocks, or particularly States' owned buildings. For this reason the Committee has for some four years now been introducing entry phone systems into its blocks of flats and it intends continuing with this programme. This will certainly make it considerably more difficult for unwanted visitors to gain access to buildings overnight.

My Committee has produced a draft report recommending the introduction of a dispersed alarm system for both public and private sectors which will enable the elderly, and others at risk, living in such accommodation to make immediate contact with the emergency services. The report is currently awaiting comment from the Public Health and Finance and Economics Committees before we present it to the States."

Coal-fired power station at La Collette. Statement.

The President of the Island Development Committee made a statement in the following terms –

"Members of the House will now have the impact assessment report prepared by W.S. Atkins, planning consultants, in association with Merz and McLellan on the proposed coal-fired power station at La Collette.

It will take some time to absorb; a proper understanding of the subject calls for a careful reading of some 250 pages. Questions will doubtless arise in Members' minds and there may well be points which call for explanation. For this reason I have consulted the Bailiff and now propose to the House that a special meeting of Members be held in the Chamber on 28th March, 1989.

Mr. Richard Wade of the Jersey Electricity Company Limited and Mr. Timothy Murphy of W.S. Atkins will be invited to attend the meeting and to respond to Members' questions."

Airport lounge gates: approval of drawings.

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

1. approved Drawings Nos. 89/4/3, 4, and 5 showing the extensions to two gate lounges in the Airport Passenger Pier;
2. authorised the Greffier of the States to sign the said Drawings on behalf of the States.

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

THE STATES, adopting a Proposition of the Public Health Committee, referred to their Act dated 9th June, 1987 approving in principle the report of the Public Health Committee setting out key policies for the development of health services for the period 1988– 92 and, noting the comments of the Finance and Economics Committee, approved in principle a review and progress report thereon of the Public Health Committee dated January, 1989.

Milk (Sale to Special Classes) (Amendment No. 3) (Jersey) Regulations, 198 . P.17/89.

THE STATES, by virtue and in exercise of the powers conferred upon them by the Order in Council of the fourteenth day of April, 1884, made Regulations entitled the Milk (Sale to Special Classes) (Amendment No. 3) (Jersey) Regulations, 1989.

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

THE STATES, adopting a Proposition of the Harbours and Airport Committee, authorised the preparation of appropriate legislation to provide for the licensing of the Ro-Ro ramps at St. Helier Harbour.

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

THE STATES deferred consideration of the draft Motor Traffic (Third-Party Insurance) (Amendment No. 7) (Jersey) Law, 198 (lodged on 20th December, 1988) to 14th March, 1989.

THE STATES rose at 1.25 p.m.

R.S. GRAY Deputy Greffier of the States.