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STATES MINUTES 2 9 th August, 1989
THE STATES assembled on Tuesday, 29th 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 Reginald Robert Jeune - out of
t he Island.
F red Philip Webber Clarke, Connétable
o f St. Helier - absent.
S nowdon George Robins, Connétable of S aviour - ill.
S ir Martin Le Quesne, Deputy of St.
S aviour - out of the Island.
M argaret Sylvia Rose Beadle, Deputy of S t. Brelade - out of the Island.
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 r a y e rs
_ _ _ _ _ _______
Mr. Philip Laundy, Canada - welcome.
The Bailiff welcomed to the House Mr. Philip Laundy, the Clerk Assistant, of the House of Commons, Ottawa, Canada.
Deputy Greffier of the States, Mr. R.S. Gray.
The Bailiff , on behalf of the
States, welcomed the Deputy Greffier of the States on his return after a recent
operation.
Matters noted - land transactions.
THE STATES noted an Act of the
Finance and Economics Committee dated 21st August, 1989, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved, as recommended by the Public Health Committee, the leasing from John Baxter Investments Limited of 54, Marina Court, St. Helier, for a period of one year with effect from 1st September, 1989, at a monthly rent of #230, with the option to renew.
Matter lodged.
The following subject was lodged au Greffe'' -
H ealth and Safety at Work Appeal
T ribunal: appointment of members. P .124/89.
P resented by the Social Security
C ommittee.
Rezoning of land for Category A housing. P.57/89.
THE STATES rejected the
proposition of Deputy John Le Gallais of St. Saviour that sub-paragraphs (i), (ii), (iii), (iv) and (v) of paragraph (a), and paragraphs (b) to (g) of the Proposition regarding Rezoning of land for Category A housing be considered at this Sitting, the remainder of the sub-paragraphs in paragraph (a) being deferred to a later date.
Registration and restrictions on
use of wells and bore holes. Statement.
The President of the Public Works Committee made a statement in the following terms -
In my statement to the States on
1 7th August, I said the Island's
o bjective was to reduce the weekly
l oss of water stored in the Jersey New
W aterworks Company's reservoirs from t he average of 10 million gallons per
w eek before the declaration of the
S tate of Emergency to 4 million
g allons per week.
I n the first six days the loss fell by 5 million gallons, however, in the
p ast week, despite a continued small d ecline in consumption of Company w ater, the loss was 7.1 million
g allons.
A factor in this unsatisfactory
s ituation is the diminution in stream f lows which can in part be attributed t o the scale of abstraction from wells a nd boreholes.
T he Public Works Committee has for s ome time been aware of the potential c onsequences of unrestricted
a bstraction from those sources and a p reliminary survey by the British
G eological Survey was undertaken
e arlier this year. An amount has
a lready been inscribed in next year's b udget in order to undertake a more
t horough investigation.
R ecent estimates made by the Jersey
N ew Waterworks Company at the request
o f Public Works suggest that, in the
p resent circumstances, abstraction
s ignificantly exceeds the rate of
r eplenishment of underground water in
a year of average rainfall.
A ccordingly, the Public Works
C ommittee will, subject to the
r esolution today of any outstanding
p roblems, give notice that all wells
a nd boreholes are to be registered and t hat abstraction from them will, in
t he case of supplies to domestic
h ouseholds, be subject to the same
r estrictions as are supplies of
C ompany water to domestic consumers.
A bstraction for any commercial purpose w ill require a water meter (supplied
a t the expense of the States) to be
f itted to the source, and commercial
c onsumers will be restricted in the
s ame categories and to the same extent a s though they were supplied by the
J ersey New Waterworks Company.
I t is the opinion of the Public Works
C ommittee that these measures are
e ssential to conserve the Island's
w ater resources to withstand the
p resent period of dry weather which
s hows no indication at present of when i t will end. They are necessary also
t o safeguard future supplies and
r educe the risk of polluting
u nderground fresh water resources with s ea water.
T he administration of these
r estrictions will impose a demand
b eyond the capacity of the Public W orks Department and I take this
o pportunity to ask for the co-
o peration of other committees when a ssistance is sought.''
Senator R.R. Jeune , O.B.E. - attendance.
Senator Reginald Robert Jeune ,
having returned to the Island, was present at the remainder of the Sitting.
Rezoning of land for Category A housing. P.57/89 and P.113/89.
THE STATES continued discussion of the Proposition of the Island Development Committee on the rezoning of land for Category A housing.
After discussion the Committee withdrew paragraph (d).
Paragraph (a)(i) was adopted. Members present voted as follows -
P o u r' ' (33)
Senators
J eune, Binnington, Horsfall, Ellis, B aal, Rothwell, Le Main, Stein.
Connétable s
S t. John, St. Peter , St. Helier, St. L awrence, St. Mary, St. Martin, G rouville.
Deputies
d e la Haye(H), Morel (S), Le
G allais(S), Vandervliet(L), R.
R umboll(H), Blampied(H), Billot(S), S t. Martin, Baudains(C), Buesnel(H),
C. Rumboll(H), Le Sueur(H),
C outanche(L), Jordan(B), St. Mary,
B ailhache(H), Rabet(H), Baudains(H).
C o n t re'' (10)
Senators
L e Maistre, Carter.
Connétable s
S t. Ouen, St. Brelade, Trinity .
Deputies
R oche(S), Trinity , Norman(C), St. P eter, St. Ouen.
Paragraph (a)(ii) was rejected. Members present voted as follows -
P o u r' '(21)
Senators
B aal, Rothwell.
Connétable s
S t. John, St. Peter , St. Helier, St. M ary, St. Ouen, Grouville .
Deputies
d e la Haye(H), Le Gallais(S),
V andervliet(L), R. Rumboll(H),
B lampied(H), St. Peter, Baudains(C), B uesnel(H), C. Rumboll(H), Le
S ueur(H), Jordan(B), St. Mary,
B audains(H).
C o n t re''(22)
Senators
J eune, Binnington, Horsfall, Ellis, Le M ain, Brooke, Le Maistre, Carter,
S tein.
Connétable s
S t. Lawrence, St. Brelade , Trinity , S t. Martin.
Deputies
M orel(S), Trinity , Billot(S),
N orman(C), St. Martin, St. Ouen ,
C outanche(L), Bailhache (H), Rabet(H).
Paragraph (a)(iii) was adopted.
The States, having accepted an amendment of the Agriculture and Fisheries Committee, deleted paragraph (a)(iv), renumbered the subsequent sub-paragraphs accordingly and after paragraph (f) inserted the following paragraph and agreed -
(g) (i) to rezone to use for
C a te g o r y A residential
d ev e l o p m ent about 8.6
v er g é e s of land at Field
1 3 6 7 , L a Route du Petit
C l o s , S t. Helier,
in c l u d in g existing
fa r m s t e a d buildings,
to g e t h e r with a strip of
la n d to th e south of
F ie l d 1 3 7 1 required for
ac c e s s p u rposes, as shown
o n M a p N o. 01-219-5, from
S e n si t iv e Landscape
A r e a o f t he Agricultural
P ri o r it y Z one'' and
A g r ic u l tural Priority
Z o n e '';
(i i) t o authorise the Housing C o m m i tt ee to negotiate
w i th th e owners for the
p u rc h a s e of the land and b u il d in g s at a fair and
p ro p e r p r ice to be agreed w i th th e Finance and
E c o n o m i cs Committee, it b ei n g ac c epted that part
o f th e la n d will have an
en h a n c e d value due to its
p re s e n t in tensive use as a c o m m ercial dairy unit an d i ts o c cupation by
la r g e a g r icultural
b u il d in g s and equipment;
( ii i) to authorise the payment
o r d is c h a rge of the
ex p e n s e s to be incurred
in c o n n ex ion with the
ac q u i s it io n of the said
la n d an d buildings and
al l i n te r e st therein and
o f th e p a yment of all
le g a l e x p enses from the
Is l an d D e velopment
C o m m i tt ee Major Reserve
V o t e C O 904 or the Housing C o m m i tt ee Land Purchase
V o t e C 1 1 04;''
Paragraph (g) was re-lettered (h).
The re-numbered paragraph (a)(iv) was rejected.
Members present voted as follows - P o u r' '(21)
Senators
B aal, Rothwell, Le Main.
Connétable s
S t. John, St. Peter , St. Helier, St.
M ary, St. Ouen, St. Martin , Grouville .
Deputies
d e la Haye(H), Vandervliet(L), R.
R umboll(H), Blampied(H), St. Peter,
B audains(C), Buesnel(H), Le Sueur(H), C outanche(L), Jordan(B), Baudains(H).
C o n t re''(23)
Senators
J eune, Binnington, Horsfall, Ellis, B rooke, Le Maistre, Carter, Stein.
Connétable s
S t. Lawrence, St. Brelade , Trinity .
Deputies
M orel(S), Le Gallais(S), Roche(S), T rinity, Billot(S), Norman(C), St.
M artin, C. Rumboll(H), St. Ouen, St. M ary, Bailhache (H), Rabet(H).
THE STATES, on the proposition of the President of the Island Development Committee, decided to defer further consideration of the Proposition to a later date.
Arrangement of Public Business.
THE STATES agreed that consideration of the following Papers be deferred to a later date -
T enants in private sector:
s ecurity of tenure. P.100/89 L odged: 27th June, 1989.
S enator J.S. Rothwell.
D raft Health and Safety at
W ork (Appeal Tribunal) (Jersey) R egulations, 198 . P.108/89
L odged: 25th July, 1989.
S ocial Security Committee.
A mendment to the draft Health
a nd Safety at Work (Appeal Tribunal) ( Jersey) Regulations, 198 .
S ocial Security Committee.
D raft Health and Safety at
W ork (Improvement and Prohibition N otices Appeals) (Jersey) Regulations, 1 98 . P.109/89
L odged: 25th July, 1989.
S ocial Security Committee.
D raft Health and Safety at
W ork (Jersey) Law 1989 (Appointed Day) A ct, 198 . P.114/89.
L odged: 8th August, 1989.
S ocial Security Committee.
D raft Harbours (Vehicle
R amps) (Jersey) Regulations, 198 . P .119/89
L odged: 8th August, 1989.
H arbours and Airport
C ommittee.
THE STATES acceded to the requests of the Presidents concerned that the following Papers be considered at the present Sitting -
D runk and incapable in public: a lternative to the penal
s ystem. P.111/89
L odged: 1st August, 1989.
P ublic Health Committee.
D raft Summer Time (Jersey) A ct, 198 . P.115/89
L odged: 8th August, 1989. L egislation Committee.
L e Pré de Mal Assis, Grands
V aux, St. Saviour , rezoning and p urchase of land. P.117/89
L odged: 8th August, 1989.
I sland Development Committee.
Matter lodged.
The following subject was lodged au Greffe'' -
D raft Health and Safety at Work ( Appeal Tribunal) (Jersey)
R egulations, 198 . (P.108/89):
a mendment. P.125/89.
S ocial Security Committee.
Public Employees (Contributory Retirement Scheme) (Existing Members) (Jersey) Regulations, 1989. P.110/89.
THE STATES, in pursuance of
Article 2 of the Public Employees (Retirement) (Jersey) Law, 1967, as amended, made Regulations entitled the Public Employees (Contributory Retirement Scheme) (Existing Members) (Jersey) Regulations, 1989.
Public Employees (Contributory
Retirement Scheme) (New Members) (Jersey) Regulations, 1989. P.110/89.
THE STATES, in pursuance of
Article 2 of the Public Employees (Retirement) (Jersey) Law, 1967, as amended, made Regulations entitled the
Public Employees (Contributory Retirement Scheme) (New Members) (Jersey) Regulations, 1989.
Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations, 1989. P.110/89.
THE STATES, in pursuance of
Articles 2 and 4 of the Public Employees (Retirement) (Jersey) Law, 1967, as amended, made Regulations entitled the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations, 1989.
Public Employees (Contributory Retirement Scheme) (Amendment No. 11) (Jersey) Regulations, 1989. P.110/89.
THE STATES, in pursuance of
Article 2 of the Public Employees (Retirement) (Jersey) Law, 1967, as amended, made Regulations entitled the Public Employees (Contributory Retirement Scheme) (Amendment No. 11) (Jersey) Regulations, 1989.
Act modifying the Act revising pensions payable to retired public employees. P.110/89.
THE STATES, adopting a Proposition
of the Establishment Committee, approved an Act dated 29th August, 1989, modifying the Act dated 11th July, 1972, revising
pensions payable to retired public employees.
Act repealing the Act regarding
the pension rights of Officers appointed by the Crown, the Bailiff and the States. P.110/89.
THE STATES, adopting a Proposition
of the Establishment Committee, approved an Act dated 29th August, 1989, repealing the Act dated 22nd January, 1963 regarding the pension rights of Officers appointed by the Crown, the Bailiff and the States. Drunk and incapable in public: alternative to the penal system. P.111/89.
THE STATES, adopting a Proposition of the Public Health Committee -
( a) approved in principle the
i n tr oduction of a scheme, as set
o u t in the report of the Public
H ea lth Committee, which was
a p p roved by the States on 28th
F e b ruary, 1989, for the management
o f p ersons who are found in public
t o b e drunk and incapable;
( b) authorised the Housing Committee t o t ake the necessary steps to
a c q uire a suitable property for
u s e as a community facility,
s u b ject to the Finance and
E c o nomics Committee's approval of t h e price and the Island
D ev elopment Committee's approval
o f t he use of the site;
( c) required the Finance and Economics C o m mittee to provide an annual sum
o f # 40,000 (subject to
i n fl ationary increase) to the
P u b lic Health Committee to cover
e x tr a staffing costs, this sum to
b e o ver and above that Committee's
r e v enue budget;
( d) authorised the Attorney General a n d the Greffier of the States to
p a s s the necessary contracts.
Summer Time (Jersey) Act, 1989. P.115/89.
THE STATES, in pursuance of
Article 2 of the Summer Time (Jersey) Law, 1972, made an Act entitled the Summer Time (Jersey) Act, 1989.
Le Pré de Mal Assis, Grands Vaux, St. Saviour / St. Helier : rezoning and purchase of land. P.117/89.
THE STATES, adopting a Proposition of the Island Development Committee - ( a) agreed to rezone part of Field
3 6 6 , Le Pré de Mal Assis, Grands
V au x, St. Saviour /St. Helier
m ea suring 2.09 vergées from Green Z o n e to Category A housing land;
( b) agreed to purchase on behalf of
t h e public, Field 366 and part of
F i e ld 365, Le Pré de Mal Assis,
m ea suring 7.33 vergées, shown on D ra wing No. 01/231/1, from the
J e rs ey New Waterworks Company L i m ited at a fair and proper price
t o b e agreed by the Finance and
E c o nomics Committee, using funds f ro m the Island Development
C o m mittee's vote of credit
A cquisition of Land - Major
R e s erve'' (Vote No. CO904);
( c) authorised the Attorney General a n d the Greffier of the States to
p a s s on behalf of the public, any c o n tracts that it might be
n e c essary to pass in connexion
w it h the purchase of the said land a nd any interest therein.
THE STATES rose at 5.10 p.m.
E . J .M . P O T T E R G re f fier of the States.