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STATES MINUTES 1 6 t h January, 1990 P r ic e : 7 5 p
THE STATES assembled on Tuesday, 16th January, 1990 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 John William Ellis - out of
t he Island.
L eonard René Hamel, Connétable of St. C lement - ill.
F rancis Hedley Morel , Deputy of St.
S aviour - out of the Island.
M aurice Clement Buesnel, Deputy of St. H elier - ill.
_ _ _ _ _ _______
P r a y e rs
_ _ _ _ _ _______
Sir Martin Le Quesne, K.C.M.G., Deputy of St. Saviour - resignation
The Bailiff informed the House
that he had received the following letter from Sir Martin Le Quesne, K.C.M.G. -
8th January, 1990 M r. President,
I write to inform you officially of my w ish to resign from my office of
D eputy of St. Saviour's No. 2
D istrict.
I believe that when a Member reaches
s uch a decision it is but a matter of
c ourtesy that you and his colleagues
s hould be the first to be informed and
i t had been my intention that this
l etter should be the first intimation
t o you and my fellow Members. The act
o f the Evening Post in taking it upon
i tself to make public my decision -
a nd that without any information on
t he matter or authority from me - has
d enied me the possibility of treating
t he House with the courtesy and
r espect that I would have wished. I
w ould be grateful if you would express m y regrets to the House.
I am, on the other hand, happy to be
a ble to say that the Evening Post was q uite wrong in attributing my decision t o reason of health. I have no grounds f or fearing that I should not be able
t o complete my full term of office. It i s rather a matter of timing.
Y ou are, I am sure, aware that it has
f or long been my view that no one
s hould continue in public political
l ife after the age of 70. You also
k now that, consistently with that
v iew, it was not my intention to stand f or re-election in 1987. For good or
i ll I allowed myself to be persuaded
a t that time to stand again. But two
y ears later I am now well past the end
o f my political shelf life and the
p assage from one session of the States t o another constitutes a natural
b reak.
I recognise that the logic of this
a rrangement might perhaps have led me t o time my resignation from the last
s itting of the former session. I did
n ot do so for a personal reason. I
f irst entered into public service when
I joined the army in the early months
o f 1940. Since then I have, with two
s hort breaks, spent the whole of my
l ife in public service of one kind or
a nother. I hope that it will not be
c onsidered an act of unreasonable
p ride to have postponed my final
r etirement until after the completion
o f my fiftieth year in it.
May I conclude by expressing my gratitude to you and to your
p redecessor for the treatment you have b oth accorded me in the House. I have
o f course been aware that at times I
h ave stretched our rules of procedure c lose to their limits and I am
g rateful for the indulgence which you a nd Sir Frank before you showed
t owards me while I was doing so.
Y ours sincerely,
( signed) Martin Le Quesne.''
The Bailiff paid the following tribute to Sir Martin -
With the resignation of Sir Martin
L e Quesne, whose letter I have now
r ead to the Assembly, we lose one of t he most distinguished members of
r ecent years. He is the embodiment of t hat type of Jerseyman who, having
c oncluded a successful career outside t he Island, returned to serve it in
r etirement. I hope that the fount of
s uch originaires able to do this will
n ot, as a result of severe immigration p olicies, dry up. If it does, then the
i ntellectual life of the Island will
b e the poorer, and the standard of
d ebate in the States will be that much d iminished.
S ir Martin brought to this Assembly a k nowledge of affairs that on occasions l ed him to regard our more insular
a ntics with a wry, and sometimes it
m ust be said, an acerbic sense of
h umour, tempered always by a strong s ense of fairness.
H is efforts in setting up the Policy
a nd Resources Committee, and his
a ttempts in the House Committee to
i mpose some sort of sensible order on t he conduct of our business, will
r emain as an important reminder of his c ontribution to the work of the
S tates.
T o all the Committees on which he sat, a nd especially in this Chamber, he
b rought an analytical and logical mind t hat could disconcert the muddled and p rod the lazy.
I f he tended to lecture us, that was
b ecause often he had a lot to say that w as worth listening to. He will be
m issed, and in the name of the States a nd the people of the Island, I thank
h im for his work in this Chamber, and I wish him, and Lady Le Quesne, a
h appy retirement and good health to e njoy it.''
House Committee: vacancy in presidency
In accordance with Article 29(3)
of the States of Jersey Law 1966, the Bailiff gave notice that there was a vacancy in the office of President of the House Committee.
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Amendment (No. 11) to the Tariff
o f H arbour and Light Dues. R & O
8 0 0 8.
2 . Motor Cars (Driving Instruction)
( A m endment No. 2) (Jersey) Order 1 9 8 9. R & O 8009.
3 . Road Vehicles Lighting (Amendment N o . 15) (Jersey) Order 1989. R &
8 0 1 0.
4 . Post Office (Foreign Post
P r o visions) (Amendment No. 17) ( J er sey) Order 1989. R & O 8011.
5 . Post Office (General Provisions)
( A m endment No. 29) (Jersey) Order 1 989. R & O 8012.
6 . Road Traffic (Saint Saviour)
( A m endment No. 6) (Jersey) Order 1 9 8 9. R & O 8013.
7 . Road Traffic (Saint John)
( A m endment) (Jersey) Order 1 9 9 0. R & O 8015.
Matters noted - land transactions
THE STATES noted Acts of the
Finance and Economics Committee dated 11th December, 1989 and 8th January, 1990, showing that in pursuance of Standing
Orders relating to certain transactions in
land, the Committee had approved -
( a) as recommended by the
I s la nd Development Committee, the g r a nting of a wayleave to the
J e rs ey Gas Company Limited to
p r o vide 24-hour access to the
c o m pany's primary gas main at La
C o l lette, for a period of 99
y e a rs, with effect from 1st May,
1 9 7 8, for a consideration of #10,
w it h the company being responsible f o r the payment of all legal fees;
( b) as recommended by the
H o using Committee, with the
s u p port of the Island Development C o m mittee, the purchase from Mrs. Y v onne Alise Canuet Stanley, née P r ic e, of No. 101 Don Road, St.
H el ier, for a consideration of
# 1 7 0,000 for the realty, 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, with the
s u p port of the Island Development
C o m mittee, and in accordance with
a n A ct of the States dated 21st
N o vember, 1989, the purchase of
t h e reversionary interest from
M r s. Grace Amelia Beardsley, née
S u l livan and the life enjoyment
f ro m Lady Anne Le Cornu Cabot, née B l a mpied, of Fields Nos. 769 and
7 7 0 together with the property
k n o wn as Le Bernage'',
L o n guevillle, required for the
c o n struction of Category A
h o u sing, for a consideration of
# 4 2 9,216, with each side being
r e sp onsible for the payment of
t h ei r own legal fees;
( d) as recommended by the
H o using Committee, in connexion w it h the boundary of 70, St.
S a v iour's Road, St. Helier,
f o ll owing the completion of De
Q u etteville Court Phase III -
( i) t he passing of a Contrat
d e B o rnement with Ann Street B r e w e ry Company Limited to e n a b le the Committee to alter t h e h e ight of the jointly
o w n ed boundary wall;
( ii ) t he sale to Graham
H o t el L im ited, the
p ro p r i et o rs of the
ad j o i n in g Graham Hotel,
o f a s m al l strip of land,
m e a s u ri n g approximately 6 0 s q u a re feet, for a
n o m i n a l sum of #10, with th e C o m m ittee being
re s p o n s ib le for the
p ay m e n t of all legal
fe e s ;
( e) as recommended by the
H o using Committee, the lease to
T h e Jersey Electricity Company
L i m ited of a sub-station at
G ra ssett Park, St. Saviour , for a
p e r iod of 99 years commencing 25th D ec ember, 1989, at an annual rent
o f # 1, with all payments commuted
f o rw ard to the commencement of the l e as e;
( f) as recommended by the Public
H ea lth Committee, the leasing to
M r . Dennis James Roche and Mrs. J e a n Patricia Roche, née Geary, of t h e Florist Shop at the General
H o spital, for the period 1st
J a n uary, 1989 until 31st December, 1 9 9 1, at a commencing rent of
# 4 , 560 a year with annual
a d ju stments based on the Jersey
C o s t of Living Increases, or 10
p e r cent of the gross takings of
t h e shop, whichever was the
g r e ater;
( g) as recommended by the Public H ea lth Committee, the leasing to M r . Robin Gray and Mrs. Carole
A n ne Gray, née Shipley, of Micro E n t erprises (Jersey) Limited,
t ra d ing as Leaders Health Foods,
o f t he proposed Health Food Bar at t h e General Hospital, for a period
o f o ne year commencing 1st March, 1 9 9 0, at an annual rent of #4,250;
( h) as recommended by the Public
H ea lth Committee, the extension of t h e lease from Mr. George
B e r nandes of the property
A l zola', Upper Kingscliffe, St.
H el ier, from 1st January, 1990
u n til 28th February, 1991, at a
w ee kly rent of #175, required for
o c c upation by an essential
e m p loyee;
( i) as recommended by the Public
W o rks Committee, the purchase from M r . John Edward Le Gresley of 177
s q u are feet of land at La Rocque
H ar bour, Grouville , required in
c o n nexion with the provision of a
f o o tpath, for a consideration of
# 3 5 4, with the Committee being
r e sp onsible for the accommodation
w o rks and the payment of all legal
f e es ;
( j) as recommended by the Public Works C o m mittee, the purchase from the
N at ional Trust for Jersey of 4,800
s q u are feet of land at the Five
M il e Road, St. Ouen, required in
c o n nexion with construction of a
f o o tpath, for a consideration of
# 2 4 8, with the Committee being
r e sp onsible for the payment of all
l e ga l fees;
( k) as recommended by the
P u b lic Works Committee, the sale t o M r. Norman Philip Pallot and
M r s. Denise Pallot, née Dauvert,
o f a pproximately 1,250 square feet
o f l and forming a section of rough
t ra c k along the frontage of Vue du P h a re, Corbiére, St. Brelade , for
a c o nsideration of #1,250, with
M r . and Mrs. Pallot being
r e sp onsible for the payment of all l e ga l fees;
( l) as recommended by the Public
W o rks Committee, the purchase from M r . Patrick Joseph McCarthy and
M r s. Jayne Carolyn McCarthy, née
A rm itage of 765 square feet of
l a nd forming part of the property
k n o wn as La Maisonette'' and
L a Croix'', La Rue des Prés
C o m mune, Grouville , required in
c o n nexion with the construction of
a f o otpath, for a consideration of
# 1 , 530, with the Committee being
r e sp onsible for accommodation
w o rks and the payment of all legal
f e es and Mr. and Mrs. McCarthy
b e in g responsible for a granite
b o u ndary wall.
( T h e Committee rescinded its Act
N o . 3(d) of 30th October, 1989,
w h ich was notified to the States
o n 14th November, 1989.);
( m) as recommended by the Harbours a n d Airport Committee, the lease
t o E meraude Lines of 778 square
f e et of accommodation in the
E l iz abeth Harbour Terminal
B u i lding, for a period of nine
y e a rs, commencing 1st November, 1 9 8 9, at an annual rent of #7,780,
w it h annual rent reviews in line
w it h the Jersey Cost of Living
I n d ex;
( n) as recommended by the Harbours a n d Airport Committee, the lease t o J ersey European Airways of a
t ic k et desk, offices and kitchen,
m ea suring 815 square feet in the
A ir port terminal building, for a
p e r iod of three years, commencing 1 s t January, 1990, at an annual
r e n t of #7,348, with annual rent
r e v iews in line with the Jersey
C o s t of Living Index;
( o) as recommended by the Harbours a n d Airport Committee, the lease t o G .P. Express (C.I.) Limited of
w ar ehouse accommodation in the A ir port freight terminal building
( d e signated Letting B137),
m ea suring 720 square feet, for a
p e r iod of three years, at an
a n n ual rent of #2,160, with effect f ro m 1st November, 1989, with a n n ual rent reviews in line with t h e Jersey Cost of Living Index;
( p) as recommended by the
D ef ence Committee, the lease to M r . John Gordon Hervé of 16
v e r gées of agricultural land at
C r a bbé Farm, St. Mary , for a
p e r iod of nine years, with effect f ro m 31st March, 1989, at an
a n n ual rent of #2,500;
( q) as recommended by the
D ef ence Committee, the lease to t h e Jersey Amateur Radio Society
o f t he old German signal station
a t L a Moye, St. Brelade , for a
p e r iod of nine years, with effect
f ro m 25th December, 1989, at an a n n ual nominal rent of #10;
( r) as recommended by the
I s la nd Development Committee, and i n a ccordance with an Act of the
S t a tes dated 25th July, 1989, the
p u r chase from E. Russell (Jersey)
L i m ited of Nos. 9-11 Cannon
S t re et, St. Helier, for the sum of
# 5 2 5,000, with the Committee being
r e sponsible for the payment of all
l e ga l fees.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Regulation of Undertakings
a n d Development (Amendment No. 4) ( J er sey) Regulations 199 . P.3/90.
P r e sented by the Finance and
E c o nomics Committee.
2 . Draft Milk (Sale to Special
C l a sses) (Amendment) (Jersey) R e g ulations 199 . P.4/90.
P r e sented by the Social
S e c urity Committee.
3 . Le Squez School:
h o u sing accommodation. P.5/90. P r e sented by the Education
C o m mittee.
4 . St. Ouen's Bay sand extraction.
P . 6 /90.
P r e sented by the Island D ev elopment Committee.
5 . Second Report: States Sittings and p l an ning of public business.
P . 7 /90.
P r e sented by the House Committee.
6 . Government House: rescission of S t a tes Acts and designation as
s it e of special interest. P.8/90.
P r esented by the Island
D ev elopment Committee.
THE STATES decided to take the abovementioned items into consideration on 30th January, 1990.
The following subject was lodged on 2nd January, 1990 -
D raft Policing of Parks (Amendment N o. 6) (Jersey) Regulations 199 .
P .1/90.
P resented by the Public Works
C ommittee.
The following subject was lodged on 9th January, 1990 -
R ezoning of land for Category A
h ousing (P.57/89): amendment. P.2/90. P resented by the Agriculture and
F isheries Committee.
Arrangement of Public Business for Spring Session
THE STATES decided to take the undermentioned subject into consideration on -
16th January, 1990 -
Howard Davis Park tea garden: lease. P.160/89.
Lodged: 12th December, 1989. Public Works Committee.
Draft Road Traffic (No. 34)
(Jersey) Regulations 199 . P.161/89. Lodged, as amended, in Second Reading. Defence Committee.
Draft Policing of Parks (Amendment No. 6) (Jersey) Regulations 199 . P.1/90. Lodged: 2nd January, 1990.
Public Works Committee.
23rd January, 1990 -
Waterfront area of St. Helier: development. P.151/89.
Lodged: 28th November, 1989.
Island Development Committee.
6th February, 1990 -
Rents of commercial property: control. P.143/89.
Lodged: 7th November, 1989.
Senator C. Stein.
27th March, 1990 -
Entry controls for visitors to Jersey. P.16/89.
Lodged: 14th February, 1989. Deputy M.C. Buesnel of St. Helier.
No dates were fixed for the following -
West of Albert Pier reclamation site: development: sub-paragraph (a). P.53/89. Lodged: 2nd May, 1989, sub-paragraphs (b) and (c) adopted on 30th May, 1989, sub- paragraph (a) deferred.
Public Works Committee.
Rezoning of land for Category A
housing. P.57/89.
Lodged: 9th May, 1989, partially debated on 29th August and 21st November, 1989, remainder deferred.
Island Development Committee.
(Petitions regarding rezoning of land. P.94/89, P.106/89, P.107/89 and P.122/89 refer.)
Rezoning of land for Category A housing (P.57/89): amendment. P.2/90. Lodged: 9th January, 1990. Agriculture and Fisheries
Committee.
Draft Residential Care Homes (Registration) (Jersey) Law 199 . P.98/89. Lodged: 27th June, 1989.
Public Health Committee.
Draft Residential Care Homes (Registration) (Jersey) Law 199 : amendment. P.159/89.
Lodged: 12th December, 1989. Connétable of St. Helier.
Licensing (Jersey) Law 1974: review. P.130/89.
Lodged: 26th September, 1989. Tourism Committee.
Licensing (Jersey) Law 1974: Administration. P.134/89. Lodged: 17th October, 1989. Senator R.J. Shenton.
Draft Family Allowances (Jersey) Regulations 199 . P.149/89. Lodged: 28th November, 1989. Social Security Committee.
West of Albert Pier: temporary building for agricultural produce. P.158/89.
Lodged: 12th December, 1989. Agriculture and Fisheries Committee.
Awaiting reports -
Housing needs: Committee of Inquiry. P.97/89.
Lodged: 20th June, 1989 and referred to Policy and Resources Committee on 25th July, 1989.
Senator J.S. Rothwell.
States Members: payment. P.132/89. Lodged: 3rd October, 1989 and referred to the House Committee.
Deputy M.C. Buesnel of St. Helier.
Draft Sea-Fisheries (Fishing Nets) (Amendment No. 2) (Jersey) Regulations 199 . P.112/89.
THE STATES noted that the
President of the Agriculture and Fisheries Committee had withdrawn the draft Sea- Fisheries (Fishing Nets) (Amendment No. 2) (Jersey) Regulations 199 (lodged on 1st August, 1989).
Farmhouse at Crabbé Farm, St. Mary : refurbishment
THE STATES, adopting a Proposition of the Defence Committee -
( a) approved Drawings Nos. 2493-12 and 2 4 9 3-13 relating to the
m o dernisation and refurbishment of
t h e farmhouse at Crabbé Farm, La
R u e de Crabbé, St. Mary;
( b) authorised the Greffier of the
S t a tes to sign the said Drawings
o n behalf of the States.
Howard Davis Park tea garden: lease. P.160/89
THE STATES, adopting a Proposition of the Public Works Committee -
( a) agreed to lease the tea garden at
t h e Howard Davis Park, St. Helier, t o Rose Garden Catering Limited, f o r a period of nine years, with
e f fe ct from 1st January, 1990, at
a n a nnual rent of #15,000 or 15
p e r cent of the gross sales,
w h ichever is the greater, with
r e n t reviews in the third and
s ix t h year of the lease;
( b) authorised the Greffier of the S t a tes to sign the necessary
l e as e;
( c) authorised the Treasurer of the S t a tes to receive the rent as it
b e c omes due.
Road Traffic (No. 34) (Jersey) Regulations 1990. P.161/89
THE STATES continued consideration
of the draft Road Traffic (No. 34)
(Jersey) Regulations 199 (lodged as
amended in Second Reading on 12th December, 1989) and, in pursuance of the powers conferred on them by the Order in Council
of the twenty-sixth day of December, 1851,
and Article 49 of the Road Traffic (Jersey)
Law 1956, as amended, made Regulations entitled the Road Traffic (No. 34) (Jersey) Regulations 1990.
Policing of Parks (Amendment
No. 6) (Jersey) Regulations 1990. P.1/90
THE STATES, in exercise of the
powers conferred upon them by the Order in Council of the twenty-sixth day of December, 1851, Article 49 of the Road Traffic (Jersey) Law 1956, as amended, and the Policing of Roads, Parks and Sea Beaches (Application of Fines) (Jersey) Law 1957, as amended, made Regulations entitled the Policing of Parks (Amendment No. 6) (Jersey) Regulations 1990.
THE STATES rose at 10.45 a.m.
E . J .M . P O T T E R G r e ffier of the States.