States Minutes 4th April 1989

THE STATES assembled on Tuesday, 4th April, 1989 at 10.15 a.m. under the Presidency of the Bailiff ,

Sir Peter Crill, C.B.E. ____________

His Excellency The Lieutenant Governor, Admiral Sir William Pillar, G.B.E., K.C.B., was present.

____________

All members were present with the exception of –

Senator John William Ellis – out of the Island. Senator Peter Geoffrey Kevitt Manton – absent.

John Le Gallais, Deputy of St. Saviour – out of the Island.

____________

Prayers ____________

Subordinate legislation tabled.

The following enactments were laid before the States, namely –

1. Post Office (General Provisions) (Amendment No. 27) (Jersey) Order, 1989. R & O 7890.
2. Post  Office  (Foreign  Post  Provisions)  (Amendment No. 15) (Jersey) Order, 1989. R & O 7891.
3. Post  Office  (Foreign  Parcel  Post  Provisions) (Amendment No. 11) (Jersey) Order, 1989. R & O 7892.
4. Road  Traffic  (Removal  of Vehicles)  (Amendment) (Jersey) Order, 1989. R & O 7893.

87   Price : 75p

5. Consumer Protection (Safety of Furniture and Furnishings) (Jersey) Order, 1989. R & O 7894.
6. Data Protection (Fees) (Amendment) (Jersey) Order, 1989. R & O 7896.

Matters noted – land transactions.

THE STATES noted an Act of the Finance and Economics Committee dated 20th March, 1989, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Housing Committee, the granting to Mr. Mark William Langford and Mrs. Teresa Ann Langford, née Forman, of 152, Clos des Sables, St. Brelade of a drainage servitude and window easement for a nominal consideration of £10, with Mr. and Mrs. Langford being responsible for the payment of all legal fees;
2. as recommended by the Public Works Committee, the purchase from Mr. Norman Richard Pardoe and Mrs. Pauline Mary Pardoe, née Pulley, of1,174 square feet of land situated at the junction of La Rue de Samarès and La Grande Route de la Côte, St. Clement , for a consideration of £2,348, required for road widening purposes, with the Committee being responsible for accommodation works and the payment of all legal fees.

Matters lodged.

The following subject was lodged "au Greffe" –

Respite care home for special needs children. P.36/89. Presented by the Education Committee. The States decided to take this subject into consideration on 25th April, 1989.

The following subjects were lodged on 21st March, 1989 –

1. Draft Milk (Sale to Special Classes) (Jersey) Regulations, 198 . P.29/89.

Presented by the Social Security Committee.

2. Draft Petroleum-Spirit (Control) (Jersey) Regulations, 198 . P.30/89.

Presented by the Defence Committee.

3. Draft Control of Food (Jersey) Regulations, 198 . P.31/89.

Presented by the Defence Committee.

4. Draft Control of Fuels (Jersey) Regulations, 198 . P.32/89.

Presented by the Defence Committee.

THE STATES decided to take the abovementioned subjects into consideration at the present Sitting.

The following subjects were lodged on 28th March, 1989 –

1. 51, Garden Lane, St. Helier : approval of drawings. P.33/89.

Presented by the Housing Committee.

2. Draft European Communities (Wine) (Jersey) Regulations, 198 . P.34/89.

Presented by the Finance and Economics Committee.

3. Draft Shell-Fish (Underwater Fishing) (Jersey) Regulations, 198 . P.35/89.

Presented by the Agriculture and Fisheries Committee.

THE STATES decided to take the abovementioned subjects into consideration on 11th April, 1989.

Draft Public Employees (Contributory Retirement Scheme) (New Entrants) (Jersey) Regulations, 198 . P.39/88. Withdrawn.

THE STATES noted that in pursuance of Standing Order 17(6) the draft Public Employees (Contributory Retirement Scheme) (New Entrants) (Jersey) Regulations, 198 (lodged on 29th March, 1988) had been withdrawn.

Projet de Loi (198 ) pour abroger la Loi (1907) touchant l'usage de timbres de commerce. P.23/89.

THE STATES acceded to the request of the President of the Legislation Committee that consideration of the Projet de Loi (198 ) pour abroger la Loi (1907) touchant l'usage de timbres de commerce (lodged on 21st February, 1989) be deferred from the present Sitting to a later date.

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

THE STATES acceded to the request of the President of the Housing Committee that consideration of the proposition regarding the acquisition of land at Fernleigh, Gorey Village (lodged on 14th February, 1989) be deferred from the present Sitting to a later date.

Projet de Règlement (198 ) sur le marquage d'ufs. P.28/89.

THE STATES acceded to the request of the President of the Agriculture and Fisheries Committee that the projet de Règlement (198 ) sur le marquage d'ufs (lodged on 14th March, 1989) be considered at the present Sitting.

Unleaded petrol. Statement.

The President of the Finance and Economics Committee made a Statement in the following terms –

"1. Unleaded petrol will be available for sale at a number

of garages in the Island next month.

2. Lead pollution is recognised as a major health hazard, and an EEC Directive provides that by October 1990 all new cars sold in the European Community should be able to run on unleaded petrol. New cars which run on unleaded petrol can also be fitted with three way' exhaust catalysts before they leave the factory, which removes other pollutants – carbon monoxide, nitrogen oxide, and hydrocarbon – from exhaust gases.
3. In the United States of America a 55 per cent fall in the amount of lead in petrol between 1976 and 1980 was accompanied by a 37 per cent cut in the average level of lead in blood. In many west European countries unleaded petrol now accounts for between a fifth and half of all petrol sold.
4. It is estimated that of the 21 million cars on the British roads, some 3½ million can use either leaded or unleaded petrol, while around 7 million are too old orby virtue of design cannot easily be adjusted to run on unleaded. The remaining 10½ million cars could run on unleaded petrol after a simple and cheap (between £5 and £15) adjustment to their engines. The proportion of older cars on the Jersey roads is estimated to be significantly lower than in the United Kingdom, and so therefore the proportion of cars in Jersey that can be easily adjusted to run on unleaded petrol is believed to be higher than in the United Kingdom.

5. With the introduction of unleaded petrol to the Island, the Finance and Economics Committee proposes that the duty should be set so as to produce a significant cost saving for the motorist using the unleaded product. The cost to the retailer of unleaded petrol is some 1p a litre (or nearly 5p a gallon) more than that of leaded petrol. In the United Kingdom, following the recent budget, the duty differential has been set to compensate for that additional cost, and to produce a 10p a gallon cost saving to the motorist. As a first step, the Finance and Economics Committee also proposes to provide a cost saving to the motorist of some 10p a gallon by setting the duty level on unleaded petrol at £0.0022 a litre (or one penny a gallon) and leaving the duty level on leaded petrol unchanged at £0.035 a litre (16p a gallon). It should be noted that the duty on leaded petrol was last increased from 10p to 16p a gallon in 1974.
6. It will be a little time before any indication canbe obtained of the effect of the lower price of unleaded petrol on the consumption of leaded petrol and, thereby, on the total revenue from the duty on motor spirits. The extent to which the proposed price advantage of unleaded petrol is sufficient to encourage consumption of the product, and the revenue implications of this shift in demand, are matters that the Committee would propose to review at the time of the budget later this year."

Agricultural Loans and Guarantees Advisory Board: appointment of additional members.

THE STATES, adopting a Proposition of the Agriculture and Fisheries Committee, approved the appointment of Messrs. David Picot, being a person with experience and capacity in commerce or finance, and Charles Gallichan, being a person with experience and capacity in the agricultural industry, as members of the Agricultural Loans and Guarantees Advisory Board until 1st March, 1991, in accordance with Regulations 3(2)(a) and (b) of the Agriculture (Loans) (Jersey) Regulations, 1974, as amended.

Rent Control Tribunal: appointment of members.

THE STATES, adopting a Proposition of the Housing Committee appointed, in pursuance of paragraph (1) of Article 3 of the Dwelling Houses (Rent Control) (Jersey)Law, 1946, as amended, the following persons to act as Chairman and Members of the Rent Control Tribunal until 11th April, 1990, namely –

Philip Arthur Weston, Chairman Edward Malcolm Pearmain Machon Jurat George Norman Simon, T.D.,

and in pursuance of paragraph (2) of the said Article 3, to appoint the following person to act for the same period in place of Members of the Tribunal unable to act by reasons of absence or incapacity, namely –

Mrs. Evelyn Mabel Pullin.

Court of Appeal (Amendment No. 4) (Jersey) Law, 1989. P.22/89.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Court of Appeal (Amendment No. 4) (Jersey) Law, 1989.

Recording of States' proceedings. P.13/89.

THE STATES, adopting a Proposition of the House Committee –

1. agreed that there should be a record of States' proceedings on magnetic tape;

2. requested the Public Works Committee to complete the installation of equipment for recording the States' proceedings on tape;
3. requested the Greffier of the States to arrange for recordings to be logged and for the production of copies of the tape recording on request;
4. agreed that copies of the tape recordings supplied to Members of the States should be free of charge but that a charge should be made in the case of the public; and
5. agreed that the tapes should be used to enable supplementary questions and answers to be recorded verbatim in the minutes of the States.

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

THE  STATES rejected a Proposition of Senator Richard Joseph Shenton that Troy , Grands Vaux, St. Helier , should be purchased for use by the Housing Committee as States' rental accommodation.

Members present voted as follows –

"Pour" (8)

Senators

Shenton, Le Main, Brooke, Carter.

Deputies

de la Haye(H), Grouville , Wavell (H), St. Peter .

"Contre" (40)

Senators

Jeune , Binnington, Horsfall, Baal, Rothwell.

Connétable s

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

Deputies

Morel (S), Roche(S), Le Quesne(S), Trinity , Vandervliet(L), Rumboll(H), Beadle(B), Blampied(H), Norman(C), St. John, St. Martin , Baudains(C), Buesnel(H), Horne(H), Le Sueur (H), St. Ouen , Coutanche(L), Huelin(B), Jordan(B), St. Mary , Bailhache (H), Rabet(H), Baudains(H).

Le Douet Clement (Field 213, Petite Route des Mielles), St. Brelade : approval of drawings. P.27/89.

THE STATES commenced consideration of a Proposition of the Housing Committee regarding the approval of drawings for the development of Le Douet Clement (Field 213, Petite Route des Mielles, St. Brelade ).

Senator Richard Joseph Shenton proposed that the Proposition be referred back to the Committee. After further discussion Senator Shenton withdrew his proposed reference back. THE STATES thereupon adopted the Proposition and –

1. approved Drawings Nos. 1495/01A-08A, 09-14, 15A- 19A, 20, 21A, 22, 23, and 1025/1-2 showing the construction of 26 two-bedroomed and 2 three- bedroomed flats in part of Field 213, Petite Route des Mielles, St. Brelade (Le Douet Clement);
2. authorised the Greffier of the States to sign the said Drawings on behalf of the States.

Règlement (1989) sur le marquage d'ufs. P.28/89.

THE STATES, by virtue and in exercise of the powers conferred on them by the Order in Council of the fourteenth day of April, 1884, made Regulations entitled the Règlement (1989) sur le marquage d'oeufs.

Milk (Sale to Special Classes) (Jersey) Regulations, 1989. P.29/89.

THE STATES, by virtue and in exercise of the powers conferred on them by the Order in Council of the fourteenth day of April, 1884, made Regulations entitled the Milk (Sale to Special Classes) (Jersey) Regulations, 1989.

Petroleum-Spirit (Control) (Jersey) Regulations, 1989. P.30/89.

THE STATES, by virtue and in exercise of the powers conferred on them by the Order in Council of the fourteenth day of April, 1884, made  Regulations  entitled the Petroleum-Spirit (Control) (Jersey) Regulations, 1989.

Control of Food (Jersey) Regulations, 1989. P.31/89.

THE STATES, by virtue and in exercise of the powers conferred on them by the Order in Council of the fourteenth day of April, 1884, made Regulations entitled the Control of Food (Jersey) Regulations, 1989.

Control of Fuels (Jersey) Regulations, 1989. P.32/89.

THE STATES, by virtue and in exercise of the powers conferred on them by the Order in Council of the fourteenth day of April, 1884, made Regulations entitled the Control of Fuels (Jersey) Regulations, 1989.

THE STATES rose at 4.45 p.m.

E.J.M. POTTER Greffier of the States.