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STATES MINUTES 1 2 t h February 1991 P r ic e : # 1 .0 0
THE STATES assembled on Tuesday, 12th February 1991 at 9.30 a.m. under t he Presidency of the Bailiff ,
S i r Peter Crill, C.B.E.
_ _ _ _ _ _______
His Excellency the Lieutenant Governor, Air Marshal Sir John Sutton, K.C.B.,
w a s p r esent.
_ _ _ _ _ _______
All Members were present with the exception of -
S enator Terence John Le Main - out of
t he Island
M aurice Clement Buesnel, Deputy of St. H elier - ill
T erence Augustine Le Sueur, Deputy of S t. Helier - out of the Island
S hirley Margaret Baudains, Deputy of
S t. Helier - ill
_ _ _ _ _ _______
P r ayers read by the Bailiff _ _ _ _ _ _______
Subordinate legislation tabled
The following enactment was laid before the States, namely -
M isuse of Drugs (Addicts)
(A mendment No. 3) (Jersey) Order 1 991. R & O 8171.
The Jersey Electricity Company
Limited Directors' Report and Statement of Accounts for 1990
The Finance and Economics Committee by Act dated 21st January 1991 presented to the States the Jersey Electricity Company Limited Directors' Report and Statement of Accounts for the period 2nd October 1989 to 30th September 1990.
Statement of births, marriages and deaths in 1990. R.C.1
The Etat Civil Committee by Act
dated 5th February 1991 presented to the States a statement of the number of births, marriages and deaths registered during the year 1990.
THE STATES ordered that the said statement be printed and distributed.
Regulation of Undertakings and Development Law: policy statement. R.C.2
The Finance and Economics Committee
by Act dated 4th February 1991 presented to the States a policy statement regarding the Regulation of Undertakings and Development Law.
THE STATES ordered that the said statement be printed and distributed.
Regulation of Undertakings and Development Law: quarterly manpower returns. R.C.3
The Finance and Economics Committee
by Act dated 4th February 1991 presented to the States a report covering the quarterly manpower returns provided under Article 2A of the Regulation of Undertakings and Development (Jersey) Law 1973, as amended, for the quarter ending 30th September 1990.
THE STATES ordered that the said report be printed and distributed.
Welfare benefit: revised rates from 1st January 1991. R.C.4
The Finance and Economics Committee
by Act dated 4th February 1991 presented to the States a report setting out the revised rates of welfare benefit from 1st January
1991.
THE STATES ordered that the said report be printed and distributed.
Matter noted - land transactions
THE STATES noted Acts of the Finance
and Economics Committee dated 21st January and 4th February 1991, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Housing C o m mittee, the purchase of the
Q u atre Bras Hotel, Springfield
R o a d, St. Helier from National
W e stminster Bank Plc. for the sum
o f # 300,000 with each party being
r e sp onsible for its own legal
c o s ts;
( b) as recommended by the Public
H ea lth Committee, and in
a c c ordance with an Act of the
S t a tes, dated 25th April, 1989,
t h e purchase from Mr. Paul Gibbard a n d Mrs. Joy Gibbard née Wolverton
o f t he property 7 West Park
A v enue, St. Helier required for
s ta f f accommodation for the sum of
# 1 4 2,500, with each side paying
i ts o wn legal fees;
and in accordance with Act No. 6 of 3rd January, 1991 -
( c) as recommended by the Housing
C o m mittee, with the support of the I sland Development Committee, the p u r chase from North Jersey
C o n struction Company Limited of a s h e d at Mont au Prêtre, St. Helier
f o r the sum of #152,500, with the
C o m mittee's being responsible for
a l l legal fees;
( d) as recommended by the Housing C o m mittee, the sale to the Parish
o f S t. Helier, of 310 square feet
o f l and at Nos. 1 and 2 Old St.
J a m es' Place, St. Helier, for a
c o n sideration of #10, with the P a r ish being responsible for the p a y ment of all legal fees;
( e) as recommended by the Education C o m mittee the renewal of the lease f ro m Mr. Henry Bell, of 27 Manor C l o se, Samarès, St. Clement for a
p e r iod of three years commencing 2 5 t h December 1990 at an annual
r e n t of #6,500;
( f) as recommended by the Public
H ea lth Committee the lease from P e a rl Assurance Plc. of the three- b e d roomed property 22 Landfield D ri ve, St. Helier for a period of
t h re e years commencing 1st
F e b ruary 1991 at an annual rent of
# 7 , 800, subject to an annual
r e v iew in line with the Jersey
C o s t of Living Index;
( g) as recommended by the Public
H ea lth Committee the lease from
M r . Oscar Rive of the property
R o n sville, Maufant, for the period
2 4 t h January 1991 to 24th December 1 9 9 1, an an annual rent of #7,363.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Investigation of Fraud ( J er sey) Law 199 . P.18/91.
P r e sented by the Finance and E c o nomics Committee.
2 . Overseas Trading Corporation, St. H el ier: purchase. P.19/91.
P r e sented by the Island
D ev elopment Committee.
The following subjects were lodged on 5th February 1991 -
1 . Potato Cyst Nematode: research re. J e rs ey Royals. P.16/91.
P r e sented by the Agriculture and
F i s heries Committee.
2 . Glasshouse industry: financial
a s s istance. P.17/91.
P r e sented by the Agriculture and
F i s heries Committee.
Draft Bankruptcy (Désastre) (Jersey) Law Appointed Day Act 199
THE STATES acceded to the request of
the President of the Finance and Economics Committee that consideration of the draft Bankruptcy (Désastre) (Jersey) Law Appointed Day Act 199 be deferred from the present Sitting to the next Sitting on 26th February 1991.
Arrangement of Public Business for next Sitting on 26th February 1991
THE STATES confirmed that the following subjects lodged au Greffe should be considered at the next Sitting on 26th February 1991 -
O verseas Trading Corporation, St. H elier: purchase. P.19/90.
L odged: 12th February 1991.
I sland Development Committee.
THE STATES acceded to the request of the President of the Island Development Committee that this matter should be taken as the first item of Public Business at the next Sitting.
D raft Amendment (No. 13) to the S tanding Orders of the States of J ersey. P.176/90.
L odged: 6th November 1990.
H ouse Committee.
D raft Amendment (No. 13) to the Standing Orders of the States of Jersey: amendment. P.190/90.
L odged: 4th December 1990.
D eputy R.E.R. Rumboll of St.
H elier.
W eighbridge area and west of A lbert Pier reclamation site:
d evelopment of roads. P.11/91. L odged: 29th January 1991.
S enator N.L. Querée.
P otato Cyst Nematode: research r e. Jersey Royals. P.16/91. L odged: 5th February 1991. A griculture and Fisheries
C ommittee.
G lasshouse industry: financial assistance. P.17/91.
L odged: 5th February 1991.
A griculture and Fisheries
C ommittee.
D raft Investigation of Fraud ( Jersey) Law 199 . P.18/91.
L odged: 12th February 1991. F inance and Economics Committee.
Legal Fees (Tape No. 82)
Senator Richard Joseph Shenton asked Deputy Edgar John Becquet of Trinity , President of the Legislation Committee the following questions -
1. In 1985 the Legislation
C o m m ittee in a report on a
p r o p o sition of Senator Shenton w it h r egard to conveyancing
f e e s s tates The Committee is n o t s a tisfied that, at the
p r e se n t time, the advantages
o f o p e ning up the practice of
c o n v e yancing to non-lawyers
w o u ld outweigh the
d i sa d v antages''. Does the
P r e s id ent consider that the
t im e h as now arrived for a
p r o p e r investigation to be
i n st i g ated on conveyancing
c h a r g es.
2 . Will the President inform the
H o use as to the present scale of l e ga l fees charged to the Island
o f J ersey and would he consider
a p p roaching the Bailiff in order t h at an investigation may be
u n d ertaken to review present
c h a rges.
3 . Will the President inform the
H o use of the difference between l e ga l fees charged by the
p r o fession and taxed costs.
4 . Will the President inform the
H o use where specific changes which h a v e taken place with regard to
t h e United Kingdom legal system
a n d are relevant to the Jersey
s it u ation have been considered by
h i s Committee.
5 . Will the President inform the
H o use whether the time has come f o r any of our Laws which are
s ti l l in the French language to be r e -e nacted in English.
6 . Will the President support
a n e xamination into the Legal Aid s y s tem which at present appears to f a v our the irresponsible rather
t h an the needy in our society?''
The President of the Legislation Committee informed the Assembly that he would reply to the questions at the next Sitting.
Management and disposal of waste products. Questions and answers (Tape No. 82)
Senator Nigel Lewis Querée asked Deputy John Le Gallais, Deputy of St. Saviour , President of the Public Services Committee, the following questions -
1 . Will the President inform the S t a tes, for the year ending 31st D ec ember 1990 -
( a ) how much did it cost to
o p e r a te the incinerator and
a s s o ci ated disposal
o p e r a tions? Would the
P r e s id ent give details such as r o u ti n e maintenance, repairs, w ag e s , capital servicing, and s o o n . Would the President
a l so id entify variable costs
( th o s e dependent upon the
v o l u m e of waste) and fixed
c o s ts ;
( b ) what was the volume of solid w as t e burned in the
i n c in e rator;
( c ) for how long was each stream
o u t o f action for routine
m a in t enance, repair or other
r e a so n s;
( d ) how much did it cost to burn a t C r a bbé and what volume of w as t e was burned there;
2 . Will the President inform
t h e States how much the third
s tr e am is expected to cost in
t o ta l and how much the Committee h a s estimated for capital
e x p enditure for the incinerator
a n d related solid waste disposal
a c ti vities for the period 1992 to
1 9 9 5.
3 . Will the President inform
t h e States if it is expected that
t h er e will be more refuse than can b e d ealt with by the incinerator
t h is year. What is the expected
s h o rtfall in capacity.
4 . Given that the problems of solid
w as te disposal in the Island have
l e d the Resources Recovery Board, a n d lately the Public Services
C o m mittee, to burn at Crabbé; will t h e President inform the States
w h ether his department considers
t h at uncontrolled low temperature
c o m bustion, as would occur if
d o m estic refuse were burnt on a
h e a dland, would lead to the
g e n eration of potentially
h a z ardous emissions, and will the
P r e sident inform the States what
a l te rnative methods of waste
m an agement have been investigated t o d eal with solid waste?''
The President of the Public Services Committee replied as follows -
1. (a) W a g e s
# 3 6 1 , 2 8 0
M a in t enance costs # 199,130
o th e r variable costs
( P o w e r, water, chemicals) #163
, 5 1 4
A sh d isposal # 9 ,1 0 9
T O T A L OPERATING COSTS #733,033 C A P I TAL SERVICING # 910,000
( b ) 252,000 cubic metres ( 6 2 ,9 5 2 tonnes)
( c ) the incineration plant was t o ta l ly shut down for 314 h o u r s in 1990;
o n e o r both of the streams
w er e i n operation for 96.4 per c e n t o f the year and both were i n o p e ration for 56 per cent
o f t h e year.
( d ) #16,646
5 , 0 0 0 tonnes.
2 . The cost of the third stream
c o n tract is #8.85m, to which must b e a dded approximately #500,000 f o r fees.
T h e Committee's capital programme e stimates for the years 1992 to 1995
i nclude a number of items associated
w ith solid waste disposal. These are -
1 9 9 2 M a jo r o v er h aul of No
. 2 stream incinerator # 3 00,0
0 0
S ta g e 1 site
im p ro v ements
B e ll o z anne # 5 6 0 , 0
0 0
L a n d r eclamation # 5 m
1 9 9 3 S t a g e I I s it e improv em e nts Bellozanne # 1 .8 m
P o ss i b le 4th stream
to in c i nerator plant # 15m
L a n d r eclamation # 1 9 m
1 9 9 4 S t a g e I II si te impro v em ents Bellozanne # 1 . 8 m
P o ss i b le gas cleaning #10m
1 9 9 5 S t a g e I V si t e improv em e nts Bellozanne # 5 6 6 ,0
0 0
I m p rovements to Bellozanne site, S tages I-IV, 1992-95
T h e Department's waste disposal s it e at Bellozanne had never been t h e subject of a formal planning s tu d y.
I n 1 988 Sir William Halcrow and
P artners were commissioned to carry
o ut a preliminary study which would
r esult in a report advising the
C ommittee on the requirements for the d evelopment of the Bellozanne site for t he future.
T h i s report has now been received a n d recommends that considerable e x p enditure is necessary in order
t o i ncrease the useful area of the
s it e . One of the most important
b e n efits which will accrue from
t h is enlargement will be the
a b il ity to separate the public and
t h e processing areas which, with
c u r rent site restrictions, is not
p o s sible at present.
R e f use disposal, possible 4th
s tr e am to incinerator plant 1993
R e f use deliveries to Bellozanne
h a v e increased from 38,000 tonnes i n 1 980 to approaching 70,000
t o n nes in 1990.
T h i s represents an 85 per cent
i ncrease in 10 years. If this rate of
i ncrease continues, deliveries will
a pproach 130,000 tonnes by the year 2 000.
T h e se forecasts do not include for t h e incineration of dried sewage s lu d ge which may become a
n e c essity within the next few
y e a rs. It may be necessary to
d i sp ose of between 2,000 and 4,000 t o n nes of sewage sludge a year by
i n ci neration.
O v er the past 10 years the view
h a s been expressed many times, in v a r ious quarters, that the rate of
i n cr ease of refuse deliveries
c a n not continue. The fact is that
t h er e has been no reduction in
g r o wth since 1975 and the
p r e dictions made in 1986 have
s in c e had to be adjusted upwards i n t he light of actual delivery
f ig u res.
A r equest for funds to instruct
c onsultants to review the refuse
d isposal operations in the future has
r ecently been made by the Committee.
B e c ause of the short timescale, it i s n ecessary that the States are
a l er ted to the possibility of
m aj or expenditure. For this
r e as on, a notional figure of #15m h a s been included in the capital e s ti mates for 1993. This figure is b a s ed on current estimates for an a d d itional incinerator plant
s tr e am.
G as cleaning 1994
I n J une 1989, the E.C. issued
d irectives to member countries
s pecifying emission limits from
e xisting incinerator plants. The
C ommittee is minded that Jersey should c omply with these directives, and
e quipment to enable these standards to b e met could cost in the region of
# 10m. A preliminary planning vote is
b eing sought to undertake
i nvestigations into the type and scale
o f equipment needed.
L a n d reclamation 1992-93
T h e re will be a continuing need to p rovide capacity for the disposal of n on-combustible waste material.
T h e indications are that the west
o f A lbert site will be filled
d u r ing the first half of 1992.
A lt ernative short-term sites have b e e n identified by the Island
D ev elopment Committee, and a d e c ision will shortly be made so t h at a new site can be available w h en filling is completed west of A lb ert.
T h e next long-term reclamation s it e is planned to the south of La C o l lette.
3 . Yes. The estimated shortfall in c apacity is 5,000 to 6,000 tonnes.
4 . Low temperature combustion of d o m estic refuse in the open could l e ad to the generation of
p o t entially hazardous emissions.
T h e following methods of solid w as te disposal have been
i n v estigated -
la n d f il l
co m p o sting
p el l et i sation
p y ro l o sis
d is p o s al at sea b al i n g
re c y c li ng.
W h ile the first two alternatives
h a v e been adopted and subsequently r e je cted, it is only the expansion
o f t he Department's current
r e cy cling programme which appears t o o ffer a means of limiting the
c o n stant increase in volume for
i n ci neration.''
Special Committee on Sex Discrimination: appointment of members
THE STATES, adopting a proposition
of Senator Corrie Stein, appointed the undermentioned as members of the Special Committee on Sex Discrimination, namely -
M r . R. de Gruchy M r . R. Hassell
M r . M. Kavanagh M r s. P. Rudgard M r . M. Sheldrake
M r s. C. Wakeham
A d vocate Mrs. M. Whittaker.
Deputy Industrial Disputes Officer: appointment
THE STATES, adopting a proposition
of Deputy Alan Payn Bree of Grouville and
in accordance with Article 2 of the
Industrial Disputes (Jersey) Law 1956, as amended, appointed Deputy Margaret Anne Le Geyt of St. Saviour as Deputy Industrial Disputes Officer.
Elizabeth Harbour passenger terminal building: approval of drawings
THE STATES, adopting a proposition
of the Harbours and Airport Committee, approved Drawings Nos. 2848/00, 2848/02, 2848/03, 2848/11-M12, 2848/11-M13 and 2848/11-M15 showing the proposed construction of additional office space within the Elizabeth Harbour passenger terminal building.
Field 77, Grouville : transfer of administration of land
THE STATES, adopting a proposition
of the Housing Committee approved the transfer of administration from the Housing Committee to the Public Services Committee of an area of land measuring about 2,200 square feet at Field 77, Grouville , for
road widening purposes.
Compulsory Purchase of Land
(Procedure) (Amendment No. 4) (Jersey) Law 1991. P.5/91
THE STATES, subject to the sanction
of Her Most Excellent Majesty in Council, adopted a Law entitled the Compulsory Purchase of Land (Procedure) (Amendment No. 4) (Jersey) Law 1991.
Island Planning (Amendment No. 4) (Jersey) Law 1991. P.6/91
THE STATES, subject to the sanction
of Her Most Excellent Majesty in Council, adopted a Law entitled the Island Planning (Amendment No. 4) (Jersey) Law 1991. Housing (Amendment No. 6) (Jersey) Law 1991. P.7/91
THE STATES, subject to the sanction
of Her Most Excellent Majesty in Council, adopted a Law entitled the Housing (Amendment No. 6) (Jersey) Law 1991.
Weights and Measures (Prescribed Quantities No. 4) (Jersey) Order 1991. P.9/91
THE STATES, in pursuance of Articles
20 and 38 of the Weights and Measures (Jersey) Law 1967, as amended, approved the Weights and Measures (Prescribed Quantity No. 4) (Jersey) Order 1991.
Home for the Elderly: Financial assistance to Parish of St. Helier . P.10/91
THE STATES, adopting a proposition
of the Finance and Economics Committee -
( a) approved the granting of a loan to t h e Parish of St. Helier for the
p u r pose of assisting with the
b u i lding of a new home for the
e l de rly;
( b) agreed that the loan should be 50
p e r cent of the cost of the work
r e la ting to the home (including
a c q uisition costs and professional
f e es ) up to maximum of #3,350,000, a n d should bear interest at four
p e r cent a year and should be
r e p ayable in equal annual
i n st alments over a period of 15
y e a rs; and
( c) agreed that the loan should be
s u b ject to the condition that no
p e r son should be allowed to take u p accommodation in the
d e v elopment without the prior
k n o wledge and consent of the
H o using Committee.
Industrial Relations and Trade Disputes: Amendment (No. 3)
THE STATES, adopting a proposition
of the Finance and Economics Committee, approved the Amendment (No. 3) of the Act of the States dated 13th May 1947 relating to industrial relations and trade disputes.
European Convention for the
Protection of Human Rights and Fundamental Freedoms. P.13/91
THE STATES, adopting a proposition
of the Legislation Committee, agreed that the Island should renew its acceptance of Articles 25 and 46 of the European Convention for the Protection of Human Rights and Fundamental Freedoms for a further period of five years.
New North Quay, Port of St. Helier : lease of accommodation. P.14/91
THE STATES, adopting a proposition of the Harbours and Airport Committee -
( a) approved the lease to Huelin-
R e n ouf Shipping of 1,101 square
f e et of office accommodation on
t h e New North Quay, Port of St.
H el ier, designated Letting Nos.
N 1 9 and N19A, for a further period
o f t hree years with effect from
1 s t January 1991 at an annual rent
o f # 10,460.00, representing a rate
o f # 9.50 a square foot with annual
r e n t reviews in line with the
J e rs ey Cost of Living Index over
t h e previous twelve month period
t o t he quarter ended September.
( b) authorised the Greffier of the
S t a tes to sign the necessary
a g r eement with the Company; and
( c) authorised the Treasurer of the S t a tes to receive the rent as it
b e c omes due.
La Caroline, La Grande Rue, St.
Mary: appointment of Special Committee. P.15/91
THE STATES, adopting a proposition
of Senator John Stephen Rothwell, agreed to appoint a Special Committee comprising three members, not being Members of the States, to inquire into the course of
events which led to the Island Development Committee's approval of an application from Oaktree Developments Limited to establish a haulage, plant hire and demolition contractors depot at La Caroline, St. Mary.
THE STATES, on the proposition of Senator Rothwell, appointed the following as members of the Special Committee -
S ir Martin Le Quesne, K.C.M.G., C hairman
M r. E. Lavery
M rs. Christine Obbard.
THE STATES rose at 11.45 a.m.
C . M . N E W C OMBE D eputy Greffier of the States.