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STATES MINUTES 2 9 th January 1991
THE STATES assembled on Tuesday, 29th January 1991 at 9.30 a.m. under
t he Presidency of the Bailiff ,
S i r Peter Crill, C.B.E.
_ _ _ _ _ _______
All Members were present with the exception of -
S enator Anthony Beresford Chinn - out
o f the Island
E dwin Le Gresley Godel, Connétable of S t. Mary - out of the Island
M aurice Clement Buesnel, Deputy of St. H elier -ill
P ercy John Le Masurier, Deputy of St.
O uen - absent, excused
P atricia Ann Bailhache , Deputy of St.
H elier - out of the Island.
_ _ _ _ _ _______
P rayers read by the Greffier _ _ _ _ _ _______
The President administered the oath
of office to the newly-appointed Deputy Greffier of the States, Miss Catherine Mary Newcombe.
Mrs. B.A. Le Masurier: death
The Bailiff conveyed the condolences
of the Assembly to Deputy P.J. Le Masurier of St. Ouen on the recent death of his
wife.
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Emergency Powers and Planning ( C o mpetent Authority) (Fuel,
E l e ctricity and Gas) (Jersey) Act 1 9 9 1. R & O 8162.
2 . Emergency Powers and Planning ( C o mpetent Authority) (Food)
( J er sey) Act 1991. R & O 8163.
3 . Island Planning (Designation of
S i te s of Special Interest) (No. 2)
( J er sey) Order 1991. R & O 8164.
4 . Road Traffic (Public Parking
P l a ces) (Amendment No. 19)
( J er sey) Order 1991. R & O 8165.
5 . Road Traffic ( St. Helier )
( A m endment No. 13) (Jersey) Order 1 9 9 1. R & O 8166.
6 . Traffic Signs (Amendment No. 14) ( J er sey) Order 1991. R & O 8167.
7 . Telecommunications (Telephones) ( A m endment No. 16) (Jersey) Order 1 9 9 1. R & O 8168.
8 . Depositors and Investors
( P r evention of Fraud) (List of
R e g istered Persons) (Jersey) Order 1 9 9 1. R & O 8169.
Contingencies vote of credit: Gulf Crisis Contingency Fund
THE STATES noted an Act of the
Finance and Economics Committee dated 17th January 1991, informing the States that it
had made available the sum of #250,000 from the contingencies vote of credit for the
setting up of a Gulf Crisis Contingency
Fund.
Matters noted - land transactions
THE STATES noted Acts of the Finance
and Economics Committee dated 10th and 21st January 1991, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Public
H ea lth Committee the assignment of a l e ase from De La Salle College
o f L e Becquet Carré, Coast Road,
L e Bourg, St. Clement from 8th
J a n uary 1991 to 7th September 1992 f o r occupation by an essential
e m p loyee, the owners of the
p r o perty being Mrs. Patricia
F r a nces Brée née Baudains and Mr. H ar ry Hall iwell Baudains and the
a n n ual rent of the property
# 1 0 ,393, subject to a cost of
l iv i ng review on 8th September
1 9 9 1;
( b) as recommended by the
H o using Committee, the transfer to t h e Parish of Grouville , of
o w nership of certain estate roads
a n d footpaths, including the
a c c ess road known as Rue de la
P o t erie, in the development of
G o rey Village Phase I, Grouville ,
a s s hown outlined in pink on
D ra wing No. 204.63D, for the sum
o f # 10 with each side being
r e sp onsible for its own fees;
( c) as recommended by the Harbours a n d Airport Committee, the lease t o O livetti Systems and Networks L i m ited of 204 square feet of
s to r age accommodation in the
f re i ght terminal building, Jersey
A ir port, (Letting No. B.146), for
a p e riod of three years, with
e f fe ct from 1st January 1991, at
a n a nnual rent of #1,224.00, with a n n ual rent reviews based on the
i n cr ease in the Jersey Cost of
L i v ing Index;
( d) as recommended by the Harbours a n d Airport Committee, the lease t o C hannel Island Tourist Services ( J er sey) Limited of 256.50 square f e et of office accommodation in
t h e freight terminal building,
J e rs ey Airport, (Letting
N o . B.130), for a period of three
y e a rs, with effect from 1st
J a n uary 1991, at an annual rent of
# 1 , 795.50, with annual rent
r e v iews based on the increase in
t h e Jersey Cost of Living Index; ( e) as recommended by the Harbours a n d Airport Committee, the lease t o P rintout Services (C.I.)
L i m ited of 280 square feet of
o f fi ce accommodation in the
f re i ght terminal building, Jersey
A ir port (Letting No. 136), for a
p e r iod of three years, with effect
f ro m 1st January 1991, at an
a n n ual rent of #1,960.00, with
a n n ual rent reviews based on the
i n cr ease in the Jersey Cost of
L i v ing Index;
( f) as recommended by the Harbours a n d Airport Committee, the lease t o G.P. Express (C.I.) Limited of 2 5 6 .50 and 270 square feet of
o f fi ce accommodation in the
f re i ght terminal building, Jersey
A ir port, (Letting Nos. B.133 and B . 1 34), for a period of three
y e a rs, with effect from 1st
J a n uary 1991, at an annual rent of
# 3 , 685.50, with annual rent
r e v iews based on the increase in
t h e Jersey Cost of Living Index;
( g) as recommended by the Harbours a n d Airport Committee, the lease
t o A urigny Air Services Limited of 1 8 1 square yards of airport land
( L e tting No. L.14), for a period
o f t hree years, with effect from
1 5 t h April 1990, at an annual rent
o f # 1,413.61, with annual rent
r e v iews based on the increase in
t h e Jersey Cost of Living Index;
( h) as recommended by the Harbours a n d Airport Committee, the lease
t o A ir Europe Limited of 94 square f e et of office accommodation in
t h e terminal building, Jersey
A ir port, (Letting No. B.15), for a
p e r iod of three years, with effect
f ro m 1st December 1990, at an
a n n ual rent of #940.00, with
a n n ual rent reviews based on the
i n cr ease in the Jersey Cost of
L i v ing Index;
( i) as recommended by the Harbours a n d Airport Committee, the lease
o f C hannel Handling Limited of
o f fi ce accommodation on the Albert P i e r, (Letting Nos. A18 and A19),
f o r a period of three years, with
e f fe ct from 1st November 1990, an a n a nnual rent of #3,700.00, with
a n n ual rent reviews based on the
i n cr ease in the Jersey Cost of
L i v ing Index;
( j) as recommended by the Public
H ea lth Committee, the renewal of t h e leases from F. Le Sueur & Son L i m ited of Units 2, 6 and 8,
R o s eland Court, St. Helier, until
3 1 s t March 1991 at a rent of #75 a w ee k for each unit;
( k) as recommended by the
T o u rism Committee the assignment
o f a lease from Mr. John Alexander
B l a ck to Mr. Clive Alexander Black ( h is son) from 25th December 1990 u n t il 25th December 1991 of West
P a r k Café at an annual rent of
# 1 2 ,900;
( l) as recommended by the Finance
a n d Economics Committee the lease
o f F lat 2, Victoria House,
V ic toria Street, St. Helier for a
p e r iod of three years commencing
2 1 s t January 1991 at an annual
r e n t of #7,280 for occupation by
a n e ssential employee;
( m) as recommended by the
H o using Committee, the passing of a C ontrat de Bornement with Mabel P l a ce Limited to agree the
b o u ndary line between Jack Counter C l o se and Mabel Place, First
T o w er, St. Helier , with the public
o f t he Island and Mabel Place
L i m ited having mutual access
r ig h ts and the costs being borne
b y Mabel Place Limited;
( n) as recommended by the Public
S e r vices Committee, the renewal of t h e lease to the Royal Channel
I s la nds Yacht Club of 273 square
y a r ds of land on the Bulwark, St.
A u bin for a period of one year
f ro m 25th December 1990 at an
a n n ual rent of #2,058;
( o) as recommended by the Public
S e r vices Committee, the renewal of t h e lease to Mr. Arthur Le Pennec
o f 2 7 perch of land at Field 871,
S t . Ouen, for a period of three
y e a rs commencing 25th December 1 9 9 0 at an annual rent of #40.50;
( p) as recommended by the Public
S e r vices Committee, the granting
t o t he Jersey Electricity Company L i m ited of a wayleave to lay a
s e c ond cable beneath the Castle
G re en Gardens at Gorey, St.
M a rtin, as shown on Plan No. 35H, f re e of charge, with the company
b e in g responsible for the payment
o f a ll legal fees;
( q) as recommended by the
I s la nd Development Committee, and i n o rder to enable a footpath to
b e c reated from the Railway Walk
t o j oin with La Rue de Grouet, St.
B r e lade, as shown on Drawing
N o . 1444.9 to -
1 . the purchase from Le Chalet H o te l of 0.36 vergées of land a t a r a te of #1,000 a vergée;
2 . the sale to Le Chalet Hotel
o f 0 . 6 0 vergées of land at the
ra t e o f #1,000 a vergée;
w it h each side being responsible f o r its own costs.
Matter noted - financial transaction
THE STATES noted an Act of the
Finance and Economics Committee dated 21st January 1991, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that the Housing Committee had accepted the lowest of six tenders, namely that submitted by Charles
Le Quesne (1956) Limited, in the sum of #3,124,477 in a contract period of 78 weeks for the construction of 25 three-bedroomed three-storey and six three-bedroomed two- storey houses at Le Pré de Mal Assis,
Grands Vaux, St. Saviour .
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Compulsory Purchase of Land ( P r ocedure) (Amendment No. 4)
( J er sey) Law 199 . P.5/91.
P r e sented by the
L e g islation Committee.
2 . Draft Island Planning
( A m endment No. 4) (Jersey) Law 1 9 9 . P.6/91.
P r e sented by the Island
D ev elopment Committee.
3 . Draft Housing (Amendment No. 6) ( J er sey) Law 199 . P.7/91.
P r e sented by the Housing
C o m mittee.
4 . Projet de Loi (199 ) sur la
c o p ropriété des immeubles bâtis. P . 8 /91.
P r e sented by the Legislation
C o m mittee.
5 . Draft Weights and Measures
( P r escribed Quantities No. 4)
( J er sey) Order 1990. P.9/91.
P r e sented by the Public Services C o m mittee.
6 . Home for the elderly: financial a s s istance to Parish of St.
H el ier. P.10/91.
P r e sented by the Finance and
E c o nomics Committee.
7 . Weighbridge area and west of A lb ert Pier reclamation site:
d e v elopment of roads. P.11/91. P r e sented by Senator N.L.
Q u erée.
8 . Industrial Relations and Trade D is putes: Amendment (No. 3). P . 1 2/91.
P r e sented by the Finance and
E c o nomics Committee.
9 . European Convention for the
P r o tection of Human Rights and F u n damental Freedoms. P.13/91. P r e sented by the Legislation
C o m mittee.
1 0. New North Quay, Port of St.
H el ier: lease of accommodation. P . 1 4/91.
P r e sented by the Harbours and
A ir port Committee.
1 1. La Caroline, La Grande Rue, St. M a ry: appointment of Special
C o m mittee. P.15/91.
P r e sented by Senator J.S.
R o t hwell.
Lodging houses and seasonal workers' accommodation: guidelines. P.2/91. Deferred
THE STATES acceded to the request of
the President of the Public Health
Committee that consideration of the proposition regarding lodging houses and seasonal workers' accommodation be deferred from the present Sitting to a later date.
Draft Housing (General Provisions) (Amendment No. 9) (Jersey) Regulations 199 . P.103/90. Withdrawn
THE STATES noted that the President
of the Housing Committee had withdrawn the draft Housing (General Provisions) (Amendment No. 9) (Jersey) Regulations 199 . (lodged on 31st July 1990).
States of Jersey Standing Orders: miscellaneous amendments. P.171/90
THE STATES acceded to the request of
the President of the House Committee that the proposition regarding miscellaneous amendments to the States of Jersey Standing Orders (Lodged on 6th November 1990) be considered at the present Sitting.
Arrangement of Public Business for the next Sitting on 12th February 1991
THE STATES confirmed that the following subjects lodged au Greffe should be considered at the next Sitting on 12th February 1991 -
D raft Compulsory Purchase of Land
( Procedure) (Amendment No. 4) (Jersey) L aw 199 . P.5/91.
L odged: 29th January 1991.
L egislation Committee.
D raft Island Planning
( Amendment No. 4) (Jersey) Law 199 . P .6/91.
L odged: 29th January 1991.
I sland Development Committee.
D raft Housing (Amendment No. 6) ( Jersey) Law 199 . P.7/91.
L odged: 29th January 1991.
H ousing Committee.
D raft Weights and Measures
( Prescribed Quantities No. 4) (Jersey) O rder 1990. P.9/91.
L odged: 29th January 1991.
P ublic Services Committee.
H ome for the elderly: financial a ssistance to Parish of St. Helier . P .10/91.
L odged: 29th January 1991.
F inance and Economics
C ommittee.
I ndustrial Relations and Trade
D isputes: Amendment (No. 3). P.12/91. L odged: 29th January 1991.
F inance and Economics
C ommittee.
E uropean Convention for
t he Protection of Human Rights and F undamental Freedoms. P.13/91.
L odged: 29th January 1991.
L egislation Committee.
N ew North Quay, Port of
S t. Helier: lease of accommodation. P .14/91.
L odged: 29th January 1991.
H arbours and Airport Committee.
L a Caroline, La Grande Rue, St. M ary: appointment of Special C ommittee. P.15/91.
L odged: 29th January 1991. S enator J.S. Rothwell.
Arts Trust. Question and answer. (Tape No. 81)
Senator John Stephen Rothwell asked
the Connétable of St. Lawrence, President of the Education Committee, the following question -
In September 1989, a Working Party s et up by the Education Committee
u nder the chairmanship of then Deputy S ir Martin Le Quesne, K.C.M.G.,
r ecommended -
( i) the setting up of an Arts Trust;
( ii) a separate budget for the a r ts ;
( iii) the transformation of the
J e rs e y Arts Council into a
M a n a gement Committee to run t h e A r ts Centre.
A t the end of November 1989, the
C ommittee intended to present a report
o n the matter to the States early in
1 990.
C an the President tell the House what p rogress has been made since that time i n relation to the setting up of an
A rts Trust?''
The President of the Education Committee replied as follows -
The Education Committee set up a
W orking Party in 1989, the terms of
r eference being to examine the
c onstitution of the Advisory Council
f or Sport, Recreation and Leisure, and p resent proposals to the Education
C ommittee on an organisation that can b est meet the interests of the arts in
J ersey with particular reference to -
( i) proposals put forward by the Arts C o u ncil for the formation of an
A rt s Trust; and
( ii) proposals to form a separate
b r a n c h of the Advisory Council f o r S p ort, Leisure and
R e c r e ation which would report d i re c t to the Education
C o m m ittee and deal
s p e c if ically with arts
m a tt e rs''.
S ir Martin Le Quesne presented the
r eport of the Working Party to the
C ommittee on 29th November 1989. H aving discussed the various issues,
t he Committee decided that it would
g ive final consideration to the report
a t its next meeting prior to the
p resentation of the report to the
S tates early in 1990. The Committee
s ubsequently received a letter from
S enator Jeune referring to the Working P arty and asking to participate in the
d iscussion, particularly as to the
l ong term future of the finances.
S enator Jeune was due to attend the
E ducation Committee meeting on 7th F ebruary 1990 but this coincided with t he decision of the Policy and
R esources Committee to give further
t hought to the setting up of a Leisure C ommittee. The result was that the
E ducation Committee submitted the W orking Party's report to the Policy
a nd Resources Committee to be
c onsidered in the discussions that
w ere to take place on the Leisure
C ommittee.
T he Policy and Resources Committee has y et to decide on the Leisure Committee
a nd the matter of the Arts Trust rests
w ith that Committee at the present
t ime.
I n the meantime, the Committee
i s continuing to support the Arts
t hrough the Jersey Arts Council, the A dvisory Council for Sport, Leisure a nd Recreation and by direct grants. T he States may be interested to know t hat the Committee has provided a
s ubstantial growth in the funding of
t he Arts in recent years as the
f ollowing table indicates.
G rant to the G ra n t s to
A r ts D i re c t g ra n t A rts Council b o d i e s by
t h e f ro m t h
e A d v is o r y E d ucation
C o u n c i l for Committee S p o r t, L eisure
a n d R e c reation
£ £ £
1991 - 99,500 Not yet known 31,800 1990 - 92,100 14,100 1 6 ,400
1989 - 76,000 15,200 2 7 ,800
1988 - 72,000 - 2 7 ,5 00
1987 - 42,000 - 2 5 ,1 00
1 9 8 6 - 4 0 , 0 0 0 - 1 2 ,6 00 ''
Port of St. Helier development: supplementary vote of credit.
THE STATES, adopting a proposition
of the Finance and Economics Committee suspended the provisions of Article 18(8)
of the Public Finances (Administration) (Jersey) Law 1967 and approved the grant of a supplementary vote of credit in the sum
of #736,000 to the Harbours and Airport Committee, C0240 Port of St. Helier development.
Sex discrimination. P.135/90
THE STATES, adopting a proposition of Senator Corrie Stein -
( 1) endorsed the principle that all
f o rm s of discrimination, whether a g a inst women or men, should be r e m oved;
( 2) agreed to set up a Special
C o m mittee, including non-Members
o f t he States, to investigate the
p r e sent situation and to make such
r e co mmendations to the States as
i t th inks appropriate to ensure
t h at -
( a ) men and women receive equal p a y f o r work of equal value;
( b ) female employees are entitled t o a re asonable minimum of
m a te r nity leave; and
( c ) any other forms of
d i sc r i mination between men and w o m e n are removed as soon as p r a c ti cable.
Members present voted on paragraph (2) as follows -
P o u r' ' (26)
Senators
S henton, Binnington, Horsfall, Baal,
R othwell, Le Main, Le Maistre, Carter, S tein, Querée
Connétable
S t. Ouen, Grouville
Deputies
L e Gallais(S), Roche(S), Wavell(S), N orman(C), St. Peter, Baudains(C),
S t. Mary, Baudains(H), Grouville , Le F ondré(L), Le Geyt(S), Walker (H),
S yvret(H), Crespel(H).
C o n t re'' (22)
Senator J eune
Connétable s
S t. John, St. Peter , St. Helier, St.
C lement, St. Lawrence, St. Saviour, S t. Brelade, Trinity , St. Martin
Deputies
T rinity, Rumboll(H), Beadle(H),
B lampied(H), St. John, Le Sueur(H), C outanche(L), Huelin(B), Jordan(B), R abet(H), Clarke-Halifax(S), St.
M artin.
Sex discrimination - appointment of chairman
THE STATES, on the proposition of Senator Richard Joseph Shenton appointed Senator Corrie Stein as Chairman of the Special Committee to investigate the present situation regarding discrimination against women or men.
Housing (General Provisions) (Amendment No. 9) (Jersey) Regulations 1991 - price control. P.4/91
THE STATES, in pursuance of Articles
10 and 15 of the Housing (Jersey) Law 1949 as amended, made Regulations entitled the Housing (General Provisions) (Amendment No. 9) (Jersey) Regulations 1991.
States of Jersey Standing Orders: miscellaneous amendments. P.171/90
THE STATES, adopting a proposition of the House Committee -
( a) requested the House Committee to p r e pare amendments to the Standing O rd ers of the States as follows -
( i) t o provide for the
p r e se n tation of reports for
i n fo r m ation on Tuesdays when t h e re is no sitting of the
S t a te s ;
( ii ) t o provide for Committee st a te m e n ts to be
p u b li s h ed on Tuesdays
w h e n t h e re is no sitting
o f th e S ta tes;
( ii i) to make it necessary for
al l p r o p o sitions for
v o te s o f no confidence to b e s u p p o rted by the
si g n a tu r e s of three
M e m b e rs of the States
b ef o r e t h ey can be
ac c e p t e d for presentation a n d t o be accompanied by an e x p la n ation setting
o u t in b ro ad terms the
re a s o n s f or moving the
p ro p o s i ti on;
( iv ) t o provide that, where a p ro p o s i ti on for a vote of n o c o n f id ence has been p re s e n te d , the
p ro p o s i ti on should
n o rm a ll y be debated at
th e n ex t sitting;
( b) agreed that supplementary
q u e stions and answers should no
l o n ger be reported verbatim in the m in utes of the States but that the
m in utes should contain a reference t o f acilitate the identification
o f t he location on the master tape
r e co rding of supplementary
q u e stions and answers to assist
M e mbers who require a copy to be m ad e on cassette.
THE STATES rose at 12.40 p.m. R .S . G R A Y G re f fi er of the States.