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States Minutes 20th August 1991

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STATES MINUTES 2 0 t h A ugust 1991

P r ic e : # 1 .0 0

 THE STATES assembled on Tuesday, 20th August 1991 at 9.30 a.m. under

  the Presidency of the Deputy Bailiff ,

V e rnon Amy Tomes, Esquire.

_ _ _ _________

All Members were present with the exception of -

S enator Bernard Thomas Binnington -

o ut of the Island.

S enator Anne Baal - ill.

S enator Dereck André Carter - out of t he Island.

S enator Nigel Lewis Quérée - out of

 t he Island.

I ris Medora Le Feuvre, Connétable of S t. Lawrence - out of the Island.

 C arlyle John Le Herissier Hinault,

D eputy of St. John - out of the

 I sland.

 G raeme Ernest Rabet, Deputy of St.

H elier - ill.

Frank Harris on Walker , Deputy of St. H elier - out of the Island.

 D avid Leon Crespel, Deputy of St.

H elier - out of the Island.

_ _ _ _ _ _______

P r a y e rs  

_ _ _ _ _ _______

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Road Traffic (Saint Martin)

( A m endment No. 4) (Jersey) Order 1 9 9 1 R & O 8243.

 2 .  Road Traffic (Speed Limits)

( A m endment No. 2) (Jersey) Order 1 9 9 1 R & O 8244.

 3 .  Misuse of Drugs (Modification) ( J er sey) Order 1991 R & O 8245.

 4 .  Misuse of Drugs (General

P r o visions) (Amendment No. 2) ( J er sey) Order 1991 R & O 8246.

 5 .  Misuse of Drugs (Designation)

( A m endment) (Jersey) Order 1991 R & O 8247.

 6 .  Road Traffic ( Trinity ) (Amendment) ( J er sey) Order 1991 R & O 8248.

States of Jersey Police Force: report for 1990

The Defence Committee by Act dated

1st August 1991 presented to the States a report on the States of Jersey Police Force for the year 1990.

THE STATES ordered that the said report be printed and distributed.

Matters noted - land transactions

THE STATES noted an Act of the

Finance and Economics Committee dated 10th December 1990, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

  1. as recommendedby the Island

D evelopment Committee, the renewal u ntil 25th March 1993 of the lease to W estern Golf Range Limited of 10.8 v ergées of land at Peacock Farm, St.

 O uen at an annual rent of #95 a

 v ergée, giving a total annual rent of

# 1,025;

  1. as recommendedby the Housing

 C ommittee, with the support of the

 I sland Development Committee, the

 p urchase from Mrs. Kathleen Mary Hill,  n ée Smith, of 97 Don Road, St. Helier ,

 f or the sum of #144,000 with each

 p arty being responsible for its own

 l egal costs;

  1. as recommendedby the Public Health  C ommittee the lease from Mrs.Patricia  A nnBromley-Marks, née Marks,of the  t hree-bedroomed flat, First Floor

 F lat, 10 Royal Crescent, Don Road, St.  H elier, for a period of three years

 f rom 1st August 1991 at an annual rent

o f #7,800, subject to annual cost of

 l iving reviews;

  1. as recommendedby the Public Health  C ommittee the renewal of the lease

 f rom the Churchwardens of All Saints  D istrict Church of the four-bedroomed  h ouse, All Saints Vicarage, The

 P arade, St. Helier , for a period of

o ne year from 28th August 1991 at

 a nnual rent of #10,140;

  1. as recommendedby the Public Health  C ommittee the renewal of the lease

 f rom Mrs. Audrey Koester, née Horsup,

o f the three-bedroomed house at

M ayfield, Bagot Road, St. Helier for a

 p eriod of two years from 24th

 S eptember 1991 at an annual rent of

# 10,164, subject to annual cost of

 l iving reviews;

  1. as recommendedby the Public Health  C ommittee, the renewal of the lease

 f rom Mrs. Audrey Koester, née Horsup,

o f the bedsitter at Mayfield, Bagot

 R oad, St. Saviour , for a period of two

 y ears from 24th September 1991, at an  a nnual rent of #3,120, subject to

 a nnual cost of living reviews;

  1. as recommendedby the Defence

 C ommittee, the lease to Mr. Maurice

 F rancis Gotel of 14 vergées of land at

 F ields Nos. 116 and 117, Crabbé, St.

M ary, for three years commencing 25th D ecember 1990, at an annual rent of

# 500, for the purpose of operating the

 J ersey Clay Pigeon Club.

Matters lodged

The following subjects were lodged au Greffe'' -

 1 .  Gorey Youth Club: grant to Variety C l u b of Jersey P.125/91

P r e sented by the Education

C o m mittee

 2 .   Trinity Youth Centre Trust: g r a nt P.126/91

P r e sented by the Education C o m mittee

 3 .  Projet de Règlements (199 ) sur l 'E t at Civil P.127/91

P r e sented by the Etat Civil

C o m mittee

4 . No. 5 St. Saviour's Crescent, St. S a v iour: appointment of Special C o m mittee P.128/91

P r e sented by Deputy S. Syvret of S t . Helier.

The following subjects were lodged on 6th August 1991 -

 1 .  Social Security contributions:

r e m oval of married woman's option P . 1 17/91

P r e sented by the Social Security

C o m mittee

 2 .  Draft Social Security (Amendment N  o . 7) (Jersey) Law 1991

( A p pointed Day) Act 199 . P.118/91 P r e sented by the Social Security

C o m mittee

 3 .  Draft Invalid Care and Disability

A  ll owances (Amendment No. 3)

( J er sey) Law 1991 (Appointed Day) A  ct 199 . P.119/91

P r e sented by the Social Security

C o m mittee

 4 .  Draft Attendance Allowances

( A m endment No. 4) (Jersey) Law 1 9 9 1 (Appointed Day) Act 199 . P . 1 20/91

P r e sented by the Social Security C o m mittee

 5 .  Draft Christmas Bonus (Jersey) Law 1 9 9 1 (Appointed Day) Act 199 .

P . 1 21/91

P r e sented by the Social Security

C o m mittee

 6 .  Draft Christmas Bonus (Amendment) ( J er sey) Law 1991 (Appointed Day)

A  ct 199 . P.122/91

P r e sented by the Social Security

C o m mittee

 7 .  States' Members remuneration

( P .1 09/91): amendment P.123/91 P r e sented by Senator R.J. Shenton

 8 .  Parish rates: committee of inquiry

P . 1 24/91

P r e sented by Deputy R.E.R. Rumboll

o f S t. Helier.

THE STATES noted that in pursuance of Standing Order 17(6) the following subjects, which were lodged au Greffe''. had been withdrawn -

1 . Draft Terms of Employment (Jersey) L a w 199 P.116/90

L o d ged: 7th August 1990

I n d ustrial Relations Committee

 2 .  Postal Headquarters P.119/90 L o d ged: 14th August 1990

C o m mittee for Postal

A  d ministration.

Lodging houses and seasonal workers' accommodation: guidelines. P.2/91

THE STATES noted that the President

of the Public Health Committee had withdrawn the proposition relating to guidelines for lodging houses and seasonal workers' accommodation (lodged on 15th January 1991).

Draft Sea-Fisheries (Amendment No. 5) (Jersey) Law 199 . P.116/91

THE STATES noted that the President

of the Agriculture and Fisheries Committee had withdrawn the draft Sea-Fisheries (Amendment No. 5) (Jersey) Law 199  (lodged on 30th July 1991).

Arrangement of Public Business for the present Sitting

THE STATES confirmed that the following subjects lodged au Greffe should be considered at the present Sitting -

M ilano Bars and associated land, St.

O uen: purchase P.88/91

L odged: 4th June 1991

I sland Development Committee

K ent Lodge, Clarendon Road, St.

H elier: compulsory purchase P.108/91 L odged: 16th July 1991

H ousing Committee

S tates' Members remuneration P .109/91

L odged: 16th July 1991

H ouse Committee

S tates' Members remuneration

( P.109/91): amendment P.123/91 L odged: 6th August 1991

S enator R.J. Shenton

D raft Pilotage (General

P rovisions) (Amendment No. 3) (Jersey) R egulations 199  P.111/91

L odged: 30th July 1991

H arbours and Airport Committee

D raft Public Service Vehicle

( Fees) (Jersey) Regulations 199 P .112/91

L odged: 30th July 1991

D efence Committee

D raft Gambling (Gaming and Lotteries) (Amendment No. 8) (Jersey) R egulations 199  P.113/91

L odged: 30th July 1991

G ambling Control Committee

D raft Gambling (Licensing

P rovisions) (Amendment No. 8) (Jersey) R egulations 199  P.114/91

L odged: 30th July 1991

G ambling Control Committee

D raft Gambling (Betting)

( Amendment No. 6) (Jersey) Regulations 1 99  P.115/91

L odged: 30th July 1991

G ambling Control Committee

D raft Social Security

( Amendment No. 7) (Jersey) Law 1991 ( Appointed Day) Act 199  P.118/91

L odged: 6th August 1991

S ocial Security Committee

D raft Invalid Care and

D isability Allowances (Amendment N o. 3) (Jersey) Law 1991 (Appointed D ay) Act 199  P.119/91

L odged: 6th August 1991

S ocial Security Committee

D raft Attendance Allowances

( Amendment No. 4) (Jersey) Law 1991 ( Appointed Day) Act 199  P.120/91

L odged: 6th August 1991

S ocial Security Committee

D raft Christmas Bonus (Jersey)

L aw 1991 (Appointed Day) Act 199 . P .121/91

L odged: 6th August 1991

S ocial Security Committee

D raft Christmas

B onus (Amendment) (Jersey) Law 1991 ( Appointed Day) Act 199  P.122/91

L odged: 6th August 1991

S ocial Security Committee

P ersonnel and Organisation

D ivisions: supplementary vote of c redit P.73/91

L odged: 23rd April 1991

F inance and Economics

C ommittee

V oluntary severance

p ayments: supplementary vote of c redit P.74/91

L odged: 23rd April 1991

F inance and Economics

C ommittee.

Parish rates: Committee of inquiry. P.124/91

THE STATES rejected the request of Deputy Robin Ernest Richard Rumboll of St. Helier that his proposition regarding the appointment of a Committee of Inquiry to review the method of levying parish rates

be considered at the present Sitting.

Arrangement of Public Business for

the next Sitting on 24th September 1991

THE STATES confirmed that the following subjects lodged au Greffe should be considered at the next Sitting on 24th

September 1991 -

G orey Youth Club: grant to Variety C lub of Jersey P.125/91

E ducation Committee

T rinity Youth Centre T rust: grant P.126/91 E ducation Committee

P rojet de Règlements (199) sur l 'Etat Civil P.127/91

E tat Civil Committee.

N o. 5 St. Saviour's Crescent,

S t. Saviour: appointment of Special C ommittee P.128/91

D eputy S. Syvret of St. Helier .

Jersey Heritage Trust. Statement

The President of the Public Services Committee made a statement in the following terms -

  As President of the Committee at

 p resent responsible for the affairs of  t he Jersey Heritage Trust I want to

 i nform Members that Brigadier

 L empriere-Robin has asked to

 r elinquish his Chairmanship of the

 T rust.

T he Brigadier has been Chairman of the T rust since its inception nearly 11

y ears ago and it has been under his

g uidance that the Trust has grown into

t he important and valuable

o rganization in our society that it is

t oday. The Brigadier assures me that

h e is confident that everything is set

f air for the opening of the new Museum n ext spring, of which I know the

I sland will be proud and, that he will

c ontinue in his present role until the

H ouse has the opportunity to decide on t he appointment of his successor.''

Le Verger, Parade Road, St. Helier: approval of drawings

THE STATES adopting a proposition of the Housing Committee -

( a) approved drawings L.1732 - 6, 9, 1 0 , 11, 13, 14, 16 and 17, showing t h e development of Le Verger to

p r o vide nine one-bedroomed units

o f a ccommodation;

 ( b) authorized the Greffier of the S t a tes to sign the said drawings

o n behalf of the States.

Channel Television Site, Rouge

Bouillon, St. Helier: approval of drawings

THE STATES adopting a proposition of the Housing Committee -

 ( a) approved drawings J1787A/3B/7A/20- 2 8 and 1274/2A showing the

d e v elopment of the former Channel

T e l evision site, Rouge Bouillon,

t o p rovide eight two-bedroomed

h o u ses, 10 two-bedroomed flats and

t w o one-bedroomed flats;

 ( b) authorized the Greffier of the S t a tes to sign the said drawings

o n behalf of the States.

Milano Bars and associated land, St. Ouen : purchase. P.88/91

THE STATES commenced consideration of a proposition of the Island Development Committee regarding the purchase of the Milano Bars and associated land at St. Ouen .

Deputy Maurice Clement Buesnel of St. Helier proposed that the States move to the consideration of the next item on the Order Paper, which proposition was rejected, fewer than 20 members voting in support thereof. The States then rejected a proposition of Senator Corrie Stein that the proposition be referred back to the Committee and after further discussion rejected the proposition of the Island Development Committee -

 ( a) to authorise the Island

D  ev elopment Committee to negotiate w  it h the owner for the purchase of

t h e Milano Bars and associated

l a nd , St. Ouen, for the purpose of d e m olishing the existing building a n d restoring the land, at a fair

a n d proper price to be agreed with t h e Finance and Economics

C o m mittee;

 ( b) to agree that, in the event of it

n o t being possible to reach

a g r eement on a  fair and proper

p u r chase price for the land

d e s cribed in paragraph (a) above,

t h e Island Development Committee b e e mpowered to acquire the land

b y compulsory purchase on behalf

o f t he public in accordance with

t h e provisions of the Compulsory

P u r chase of Land (Procedure)

( J er sey) Law 1961;

 ( c) to authorize the payment or

d i sc harge of the expenses to be

i n cu rred in connexion with the

a c q uisition of the said land and

o f all legal expenses from the

I s la nd Development Committee's v o t e of credit Acquisition of

L a n d - Major Reserve'' (Vote

N  o . C0904);

 ( d) to authorize 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 which it is found

n e c essary to pass in connexion

w  it h the said property and any

i n te rest therein.

Fred Webber Clarke, Connétable of St. Helier declared an interest in the matter

and withdrew from the Chamber prior to the debate.

Members present voted as follows - P o u r' ' (8)

Connétable s

 S t. John, Grouville .

Deputies

 B lampied(H), St. Peter, Baudains(C),  H uelin(B), Clarke-Halifax(S),

 S yvret(H).

C o n t re'' (35)

Senators

S henton, Jeune , Horsfall, Rothwell, Le M ain, Le Maistre, Stein, Chinn.

Connétable s

 S t. Peter, St. Clement, St. Mary, St.  O uen, St. Saviour , St. Brelade,

 T rinity, St. Martin.

Deputies

 L e Gallais(S), Roche(S), Trinity ,

 R umboll(H), Beadle(B), Wavell(S),

N orman(C), Buesnel(H), Le Sueur(H), S t. Ouen, Coutanche(L), Jordan(B), St. M ary, Bailhache (H), Baudains(H),

 G rouville, Le Fondré, St. Martin, Le

 G eyt(S).

Kent Lodge, Clarendon Road, St. Helier : compulsory purchase. P.108/91

THE STATES commenced consideration

of a proposition of the Housing Committee regarding the compulsory purchase of Kent Lodge, Clarendon Road, St. Helier . Having rejected a proposition of Deputy Robin Ernest Richard Rumboll of St. Helier that the matter be referred back to the Committee and on an assurance being given by the President of the Housing Committee that that Committee would not seek to implement compulsory purchase powers for two months, the States adopted the Proposition of the Housing Committee and -

 ( a) agreed to purchase on behalf of

t h e public from Mr. Basil Fraser

B u r t and Miss Helen Isobel Burt,

j o in tly, the property known as

K  en t Lodge, 21 Clarendon Road, St. H  el ier, at a fair and proper price

t o b e agreed by the Finance and

E c o nomics Committee;

 ( b) agreed that in the event of it not b e in g possible to reach agreement

o n a fair and proper purchase

p r ic e, the Housing Committee be e m p owered to acquire the land by c o m pulsory purchase on behalf of t h e public of the Island, in

a c c ordance with the provisions of t h e Compulsory Purchase of Land

( P r ocedure) (Jersey) Law 1961;

 ( c) authorized the payment or

d i sc harge of the expenses to be

i n cu rred in connexion with the

a c q uisition of the said property

a n d of all legal expenses from the I s la nd Development Committee's c a p ital vote of credit

A c quisition of land - Major

R e s erve' (C0904);

 ( d) authorized 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 may be found

n e c essary in connexion with the s a id property and any interest

t h er ein.

Pilotage (General Provisions) (Amendment No. 3) (Jersey) Regulations 1991. P.111/91

THE STATES, in pursuance of Article

2 of the Pilotage (Jersey) Law 1988 made Regulations entitled the Pilotage (General Provisions) (Amendment No. 3) (Jersey) Regulations 1991.

Public Service Vehicles (Fees) (Jersey) Regulations 1991. P.112/91

THE STATES, in pursuance of

Articles 19, 49A and 54 of the Motor

Traffic (Jersey) Law 1935, as amended made Regulations entitled the Public Service Vehicles (Fees) (Jersey) Regulations 1991.

Gambling (Gaming and Lotteries) (Amendment No. 8) (Jersey) Regulations 1991. P.113/91

THE STATES, in pursuance of Article

3 of the Gambling (Jersey) Law 1964, as amended made Regulations entitled the Gambling (Gaming and Lotteries) (Amendment No. 8) (Jersey) Regulations 1991.

Gambling (Licensing Provisions) (Amendment No. 8) (Jersey) Regulations 1991. P.114/91

THE STATES, in pursuance of Article

3 of the Gambling (Jersey) Law 1964, as amended, made Regulations entitled the Gambling (Licensing Provisions) (Amendment No. 8) (Jersey) Regulations 1991.

Gambling (Betting) (Amendment No. 6) (Jersey) Regulations 1991. P.115/91

THE STATES, in pursuance of Article 3 of the Gambling (Jersey) Law 1964, as amended made Regulations entitled the Gambling (Betting) (Amendment No. 6) (Jersey) Regulations 1991.

Social Security (Amendment No. 7)

(Jersey) Law 1991 (Appointed Day) Act 1991. P.118/91

THE STATES, in pursuance of Article

3 of the Social Security (Amendment No. 7) (Jersey) Law 1991 made an Act entitled the Social Security (Amendment No. 7) (Jersey) Law 1991 (Appointed Day) Act 1991.

Invalid Care and Disability

Allowances (Amendment No. 3) (Jersey) Law 1991 (Appointed Day) Act 1991. P.119/91

THE STATES, in pursuance of Article

3 of the Invalid Care and Disability Allowances (Amendment No. 3) (Jersey) Law 1991 made an Act entitled the Invalid Care and Disability Allowances (Amendment No. 3) (Jersey) Law 1991 (Appointed Day) Act 1991.

Attendance Allowances (Amendment

No. 4) (Jersey) Law 1991 (Appointed Day) Act 1991. P.120/91

THE STATES, in pursuance of Article

3 of the Attendance Allowances (Amendment No. 4) (Jersey) Law 1991 made an Act entitled the Attendance Allowances (Amendment No. 4) (Jersey) Law 1991 (Appointed Day) Act 1991.

Christmas Bonus (Jersey) Law 1991 (Appointed Day) Act 1991. P.121/91 THE STATES, in pursuance of Article

9 of the Christmas Bonus (Jersey) Law 1991 made an Act entitled the Christmas Bonus (Jersey) Law 1991 (Appointed Day) Act 1991.

Christmas Bonus (Amendment) (Jersey)

Law 1991 (Appointed Day) Act 1991. P.122/91

THE STATES, in pursuance of Article

3 of the Christmas Bonus (Amendment) (Jersey) Law 1991 made an Act entitled the Christmas Bonus (Amendment) (Jersey) Law 1991 (Appointed Day) Act 1991.

Personnel and Organization Division: supplementary vote of credit. P.73/91

THE STATES, adopting a proposition

of the Finance and Economics Committee acceded to the request for the following supplementary vote of credit to be voted out of the general reserve -

E stablishment Committee

5 103 - States Personnel

D epartment, Personnel and

O rganization Divisions supplies a nd services # 8 3 , 000.

Voluntary severance payme supplementary vote of credit. P.74/91

THE STATES, adopting a proposition

of the Finance and Economics Committee acceded to the request for the following supplementary vote of credit to be voted out of the general reserve -

E stablishment Committee

5 116 - Pensions and pension

f und contributions voluntary

s everance payments # 1 0 0 ,0 0 0.

States Members' remuneration.

P.109/91

States Members' remuneration (P.109/91): amendment. P.123/91

THE STATES commenced consideration

of a proposition of the House Committee and amendment of Senator Richard Joseph Shenton regarding remuneration for States Members. After discussion the States decided to

defer further consideration of the

propositions to a later date.

THE STATES rose at 5.05 p.m.

R .S  . G R A  Y G  re f fi er of the States.