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STATES MINUTES 8 t h O ctober 1991
THE STATES assembled on Tuesday, 8th October 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 Anne Baal - ill.
S enator Anthony Beresford Chinn - out
o f the Island.
L eonard Picot, Connétable of Trinity -
o ut of the Island.
R ichard Winter Le Sauteur, Connétable
o f Grouville - out of the Island.
J ohn Le Gallais, Deputy of St.
S aviour - out of the Island.
R obin Ernest Richard Rumboll, Deputy
o f St. Helier - out of the Island.
M argaret Sylvia Rose Beadle, Deputy of S t. Brelade - out of the Island.
T homas John Du Feu, Deputy of St.
P eter - out of the Island.
J ohn Nicolle Le Fondré, Deputy of St. L awrence - ill.
_ _ _ _ _ _______
P r a y e rs
_ _ _ _ _ _______
Mr. Nobuo Shinoda and group - welcome
The Deputy Bailiff welcomed to the
House Mr. Nobuo Shinoda, Director of local administration for the Bureau of General Affairs from the Tokyo Metropolitan Government, Japan, who was accompanied by a number of colleagues.
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Pesticides (General Provisions) ( J er sey) Order 1991. R & O 8274
2 . Pesticides (Maximum Residue Levels i n F ood) (Jersey) Order 1991.
R & O 8275
3 . Prison (Amendment No. 11) (Jersey) R u l es 1991. R & O 8276
4 . Banking Business (General
P r o visions) (Jersey) Order 1991. R & O 8277
5 . Nursing Homes (Registration) ( F e es) (Jersey) Order 1991.
R & O 8278
6 . Old Person's Homes (Registration) ( F e es) (Jersey) Order 1991.
R & O 8279
7 . Establishments for Massage or
S p e cial Treatment (Licence Fees) ( J er sey) Order 1991. R & O 8280
8 . Ancillary Dental Workers
( R e gistration) (Fees) (Jersey) O rd er 1991. R & O 8281
9 . Nursing Agencies (General
P r o visions) (Amendment No. 7) ( J er sey) Order 1991. R & O8282
1 0. Food and Drugs (Ice-Cream Stalls E t c .) (Amendment No. 12) (Jersey) O rd er 1991. R & O 8283
1 1. Health Insurance (Pharmaceutical B e n efit) (General Provisions)
( A m endment No. 36) (Jersey) Order 1 9 9 1. R & O 8284
1 2. Social Security (Earnings Limit) ( J er sey) Order 1991. R & O 8285
1 3. Weights and Measures (Testing F e e s) (Jersey) Order 1991. R & O 8 2 8 6
Department of Postal Administration: report for 1990
The Committee for Postal
Administration by Act dated 18th September 1991, presented to the States a report of
the Department of Postal Administration 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 30th September 1991, showing that in pursuance
of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Public
S e r vices Committee, the purchase
o f 1 ,760 square feet of land
f o rm ing part of Nos. 1-13 Union
S t re et and 36 New Street, St.
H el ier, required for road
w id ening, from Solest Holdings
L i m ited, for a consideration of
# 1 1 ,000, with the Committee being
r e sp onsible for the payment of all
l e ga l fees;
( b) as recommended by the Education C o m mittee, the lease from the
T r u stees of St. James Church of
S t. James School, Le Breton Lane, S t . Helier, for a period of three
m o nths from 21st August 1991, at a r e n t of #2,637.50;
( c) as recommended by the Agriculture a n d Fisheries Committee, the lease
o f 1 .10.0 vergées of land at Field
N o . 443 St. Catherine, St. Martin
t o t he Jersey New Waterworks
C o m pany Limited, for a period of
2 1 years commencing on 1st
S e p tember 1991,in order to
c o n struct an impounding pond and
p u m ping station, at an annual rent
o f # 1 with payments being commuted
f o rw ard to the inception of the
a g r eement;
( d) as recommended by the Housing C o m mittee, the acquisition from M r . John Clifford Farley of 140
s q u are metres of land for a
c o n sideration of #1,400 and the
s a le to Mr. Farley of 124 square
m et res of land for a consideration
o f # 1,240, both areas being on the
b o u ndary of Field 1367, St.
H el ier, with the Committee being r e sp onsible for the payment of
l e ga l fees.
Matter noted - financial transaction
THE STATES noted an Act of the
Finance and Economics Committee dated 30th September 1991, showing that in pursuance
of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that -
( a) the Housing Committee had accepted t h e lowest of three tenders,
n a m ely that submitted by A.C.
M a uger and Son (Sunwin) Limited,
i n t he revised sum of #1,697,987
i n a contract period of 70 weeks
f o r the refurbishment of Tower
M a isonettes, First Tower, St.
H el ier;
( b) the Housing Committee had accepted t h e lowest of six tenders, namely
t h at submitted by Thatcher
L i m ited, in the sum of #587,000 in
a c o ntract period of 44 weeks, for
t h e construction of nine one-
b e d roomed units at Le Verger,
P a r ade Road, St. Helier.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Fields 255, 255A, and 256, St. C l e ment: purchase. P.152/91
P r e sented by the Housing
C o m mittee.
2 . Jersey Association for
Y o uth and Friendship: loan. P . 1 53/91
P r e sented by the Finance
a n d Economics Committee.
3 . Draft Family Allowances
( A p plication of Article 2 of the L a w ) (Jersey) Regulations 199 . P . 1 54/91
P r e sented by the Social
S e c urity Committee.
4 . Draft Agriculture (Loans)
( A m endment No. 4) (Jersey) R e g ulations 199 . P.155/91
P r e sented by the
A g riculture and Fisheries
C o m mittee.
Arrangement of Public Business for the next Sitting on 22nd October 1991.
THE STATES confirmed that the following subjects lodged au Greffe' should be considered at the next Sitting on 22nd October 1991 -
F ields 255, 255A, and 256, St. Clement: purchase. P.152/91 H ousing Committee.
J ersey Association for Youth a nd Friendship: loan. P.153/91 F inance and Economics
C ommittee.
D raft Family Allowances
( Application of Article 2 of the Law) ( Jersey) Regulations 199 . P.154/91 S ocial Security Committee.
D raft Agriculture (Loans)
( Amendment No. 4) (Jersey) Regulations 1 99 . P.155/91
A griculture and Fisheries
C ommittee.
T he Future of Secondary
E ducation. P.149/91
Lodged: 24th September 1991 E ducation Committee.
J Category housing consents. Questions and answers
Senator Richard Joseph Shenton asked Deputy Leonard Norman of St. Clement, President of the Housing Committee the following questions -
1. Will the President kindly
i n fo r m the House of the number
o f J ca tegory consents issued
f ro m 1 st January, 1991 to
d a t e?
2 . Will he also give the House the d etails of the various classifications
o f employment involved?
3 . Is the President satisfied that
t h e posts concerned could not have b e e n filled by residentially
q u a lified persons?''
The President of the Housing Committee replied as follows -
1. The number of new (j) category
c o n s e nts issued by the
H o u si ng Committee from 1st
J a n u a ry to 30th September
1 9 9 1 , is 29. The Committee has a l so g ranted some replacement
c o n s e nts (that is when
o c c u p ants of current essential
e m p lo yee posts were replaced)
a n d a number of consents which s im p l y related to existing
e s s en t ial employees changing
a d d r e ss. I have assumed,
h o w ev er, that it is to the
n u m b er of new consents that
t h e q u estion refers.
2 . The 29 new consents were to e m p loyers in the following
s e c tors -
F in a nce and banking 9 L e g al services 2
C o n struction 2 M e d ical 1 L ig h t industry 1
P u b lic sector 1 A g r iculture 1 C a te ring 1 S h o rt term States
co n s truction contracts 1 1
3 . My Committee is entirely satisfied t h at each post for which a consent w as granted could not have been
s a ti sfactorily filled by
r e si dentially qualified persons.''
Vehicle exhaust emissions. Questions and answers
Senator Pierre François Horsfall
asked Deputy Michael Adam Wavell of St. Saviour, President of the Defence Committee the following questions -
In view of compulsory exhaust
e mission testing coming into force in
t he United Kingdom in November of this y ear together with other exhaust
e mission legislation generally being
a dopted in the E.E.C., will the
P resident inform the House of what
m easures are being taken to ensure -
( i) that the Public of Jersey will a l so be able to enjoy air less p o l luted by exhaust fumes?
( ii) that Jersey registered
v e h i cl es will still be able to t ra v e l freely abroad?
( iii) that Jersey does not become
a d u m ping ground for cars that c a n n o t meet the legal emission s ta n d a rds in other countries
a n d p a rticularly in the U.K.
a s f r o m November of this
y e a r ?' '
The President of the Defence Committee replied as follows -
We are indeed fortunate that our
g eographical situation is such that we h ave a constant sea breeze. Spot tests c arried out by the States Analyst in
t he tunnel and tests carried out near
t he pay kiosks at car parks, indicated t hat car exhaust fumes dispersed
q uickly. As a result of the tests the
S tates Analyst believes that the
p ublic are not at risk from traffic
e xhaust fumes. The possible reasons f or our clean air is due to our
r elatively high wind speeds and lack
o f built up areas.
1 . We recognise that the only
e f fe ctive measures to ensure
v e h icles meet set emission
s ta n dards is to incorporate an
e m i ssion test as part of an annual
t e st ing scheme similar to that of
t h e United Kingdom M.O.T. Also to e n s ure that all new imported
v e h icles prior to registration
c o m ply with EEC or similar
s ta n dards i.e., a form of Type
A p proval Regulation.
T h e Defence Committee is looking t o w ards annual testing after the
n e c essary legislation i.e., the
C o n struction and Use of vehicles
i s a mended and after the
i n tr oduction of a form of Type
A p proval Scheme.
M o re and more local garages are
p u r chasing diagnostic equipment,
a s i n many cases, engine
a d ju stments which affect exhaust
e m i ssion on the new breed of motor c a r can only be carried out when
c o n nected to specialist equipment.
2 . There is no indication in the
s h o rt term, that Jersey registered
v e h icles will not be able to
t ra v el freely abroad as visitors.
T h e re are still several EEC States
t h at have not yet introduced
a n n ual testing schemes as required b y the Committee. However, in the l o n ger term, when harmonisation
h a s been reached between States on t e st ing and standards, Jersey
v e h icles could be affected as they
m ig ht be seen to have an unfair
a d v antage. Currently, under the
s u c cession of Road Traffic and
T r a nsport Conventions, (Paris
1 9 2 6, Geneva 1956, Vienna 1965) v i si ting vehicles are allowed to
c i rc ulate freely on a temporary
b a s is. Should a Jersey driver
b e come resident in an EEC State a v e h icle then would be subjected to w h atever examination is required
i n t hat Country.
3 . Until 1993-94 when our vehicle
r e g istration system changes to
i n cl ude a V55 type registration
f o rm , i.e., a form that requires
t h e vehicle Type Approval number a n d therefore for the vehicle to
c o n form with Type Approval
R e g ulations, there is no guarantee t h at new vehicles circulating in
t h e Island will conform to the new U n ited Kingdom/E.E.C. standards.
I n g eneral terms things will get
b e tt er. All new petrol engine cars
s o ld in the European Community
f ro m January 1993 will be equipped w it h catalytic converters which
r e q uire unleaded fuel. Current
m o tor cars are said to produce
l e ss than 50 per cent atmospheric
p o l lution than pre 1970 cars.
T h e September figure indicates
t h at the sale of unleaded petrol
i n t he Island amounted to 38.4 per c e n t.''
Caravans on the West of Albert underpass development site. Question and answer
Senator Richard Joseph Shenton asked the Connétable of St. John, President of the Island Development Committee the following question -
Will the President inform the House h ow permission has been given for
w orkers employed on the underpass c ontract to be housed in caravans on s ite, when the use of moveable
d wellings and caravans in this way is u sually prohibited in Jersey?''
The President of the Island Development Committee replied as follows -
On 4th December 1990, the Public
S ervices Department contacted the
D epartment of Planning and Building
C ontrol and sought a formal opinion of t he Island Development Committee on t he erection of temporary living
a ccommodation on the reclamation site. T his request was received prior to the
i ssue of tender documents in order t hat potential contractors could
a ssess their accommodation needs b efore submitting tenders.
M y Committee considered the request on 3 1st January 1991 and agreed to the
g eneral principle, subject to the
n orthern and western boundaries being
s creened. This requirement would need
t o be included in the formal tender
d ocuments. My Committee's agreement to a ccommodating the contractors'
w orkforce in this way was so that
t hese workers would not put pressure
o n the existing housing stock and
t ourism bedspaces and that they would
b e more likely to return to the
m ainland at the end of the contract.
T he Committee was mindful that similar a rrangements had been made in the past
f or Shephard Hill when constructing
t he Elizabeth Harbour and Fish Quay,
a nd Dean and Dyball who constructed
t he surface water sewer on the
r eclamation site last year.
T he Senator is correct when he states
t hat the use of movable dwellings and c aravans are usually prohibited in
J ersey. However, my Committee
c onsiders all applications on their
m erits and where a strong, clear case
c an be made, it is prepared to grant
t emporary permission. Other examples w here exceptions are made include
a ccommodation for show people at the B attle of Flowers Fair, and the use of c aravans by local owners at designated c ampsites during the summer.''
Jersey Transport Authority: composition. P.143/91
THE STATES rejected a proposition of Senator Richard Joseph Shenton -
- To amend their Actsdated 10th June, 1 980, and 5th May, 1987, regarding the c onstitutionof the Jersey Transport
A uthority, and to agree that the
A uthority should comprise -
C h a irman, a Member of the States t o b e appointed by the States
O n e representative of the f o ll o w ing Committees -
F i n a n ce and Economics A g ri c ulture and Fisheries T o u r i sm
T h r ee Members of the States
a p p ointed by the States on the
r e co mmendation of the Chairman
- To rescind their Actdated 15th
J anuary 1991 appointing Members of the A uthority.
Members present voted as follows - P o u r' ' (15)
Senators
S henton, Carter, Stein, Quérée
Connétable s
S t. Clement, St. Lawrence, St. Mary
Deputies
B uesnel(H), Le Sueur(H), Bailhache (H), B audains(H), Grouville , St. Martin, Le
G eyt(S), Syvret(H).
C o n t re'' (28)
Senators
J eune, Binnington, Horsfall, Rothwell, L e Main, Le Maistre
Connétable s
S t. John, St. Peter , St. Ouen, St. S aviour, St. Brelade , St. Martin
Deputies
R oche(S), Trinity , Wavell(S),
B lampied(H), Norman(C), St. John,
B audains(C), St. Ouen, Coutanche(L), H uelin(B), Jordan(B), St. Mary ,
R abet(H), Clarke-Halifax(S),
W alker(H), Crespel(H).
Lodging houses and staff accommodation standard's - code of practice. P.144/91
THE STATES, adopting a proposition
of the Public Health Committee approved the code of practice on lodging houses and
staff accommodation standards promoted by the Public Health Committee relating to space and sanitary amenities, as set out in the Committee's report dated 7th August 1991.
Homesdale Guest House, New St. John 's Road, St. Helier: lease. P.145/91
THE STATES, adopting a proposition of the Public Health Committee -
( a) approved the lease from Mrs. Maria M il agros Beddoe, née Quitana, of
t h e Homesdale Guest House, New St. J o h n's Road, St. Helier, for a
p e r iod of five years and six
m o nths from 1st November 1991 at a n i nitial annual rent of #26,000,
s u b ject to biennial reviews in
l in e with the Jersey Cost of
L i v ing Index;
( b) authorised the Greffier of the S t a tes to sign the necessary
a g r eements.
Opera House, St. Helier : loan. P.147/91
THE STATES, having accepted an amendment of Senator Pierre François Horsfall that after the words per
cent a year'' there should be added
the words with the Finance and Economics Committee reviewing the rate of interest charged after the first five years
of the loan, the loan to be'' and
that the words from the date of
issue'' should be deleted adopted a proposition of the Finance and Economics Committee and approved a loan of £1.1 million to Creative Leisure Limited, the owners of the Opera House, St. Helier at 5 per cent a year, with the Finance and Economics Committee reviewing the rate of interest charged after the first five years
of the loan, the loan to be repayable after
a period of 10 years.
Finance (Designation of Trading Committees) (Jersey) Act 1991. P.148/91
THE STATES, in pursuance of Article
25A of the Public Finances (Administration) (Jersey) Law 1967, as amended, and on the recommendation of the Finance and Economics Committee, made an Act entitled the Finance (Designation of Trading Committees)
(Jersey) Act 1991.
Judicial Fees (Amendment) (Jersey) Regulations, 1991. P.150/91
THE STATES, in pursuance of Article
12 of the Departments of the Judiciary and the Legislature (Jersey) Law 1965, as amended, made Regulations entitled the Judicial Fees (Amendment) (Jersey) Regulations 1991.
Jersey Heritage Trust: appointment of Chairman. P.151/91
THE STATES, adopting a proposition
of the Public Services Committee referred to their Act of 31st July 1990 and appointed Mr. Donald George Filleul as Chairman of the Jersey Heritage Trust.
Belle Vue Pleasure Park and Fields 91 and 91A, St. Brelade, rezoning - rescission. P.140/91
THE STATES, having accepted an amendment of Senator Richard Joseph Shenton that after the words to
rescind'' there should be added the
words paragraph (d) of'',
commenced consideration of the proposition of Senator Shenton to rescind paragraph (d)
of the Act of the States dated 21st July
1990 regarding the rezoning and purchase of land at Belle Vue Pleasure Park and Fields
91 and 91A, St. Brelade.
After discussion, the States agreed to defer further consideration of the proposition until Tuesday, 22nd October 1991.
THE STATES rose at 3.35 p.m.
R . S . G R A Y G re f fi er of the States.