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States Minutes 10th November 1992

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STATES MINUTES 1 0 th N o vember 1992

T HE STATES assembled on Tuesday,  10th November 1992 at 9.30 a.m. under t h e Presidency of the Bailiff ,

S i r P eter Crill, C.B.E.

_ _ _ _ _ _ ______

His Excellency the Lieutenant Governor,  Air Marshal Sir John Sutton, K.C.B.,

w a s p r e sent.

_ _ _ _ _ _ ______

All Members were present with the exception of -

 T homas James Jordan, Deputy of St.

B relade - out of the Island

G raeme Ernest Rabet, Deputy of St. Helier -

o ut of the Island

 E velyn Mabel Pullin, Deputy of St.

S aviour - out of the Island

P hilip Roy Cabot, Deputy of Trinity - out

o f the Island.

_ _ _ _ _ _ ______

P r a y e rs

_ _ _ _ _ _ ______

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Pilotage (Dues and Fees)

( A m endment No. 4) (Jersey) Order 1992 R & O 8470.

 2 .  Banking Business (List of

R e g istered Persons) (Amendment No. 3) ( J er sey) Order 1992 R & O 8471.

 3 .  Companies (Qualifications of

A  u ditor) (Partnerships) (Jersey) Order 1 9 9 2 R & O 8472.

 4 .  Establishments for Massage or

S p e cial Treatment (Licence Fees) ( J er sey) Order 1992 R & O 8473.

 5 .  Ancillary Dental Workers

( R e gistration) (Fees) (Jersey) Order 1 9 9 2 R & O 8474.

 6 .  Nursing Agencies (General

P r o visions) (Amendment No. 8) (Jersey) O  rd er 1992 R & O 8475.

 7 .  Food and Drugs (Ice-Cream Stalls

e t c. ) (Amendment No. 13) (Jersey) Order 1 9 9 2 R & O 8476

 8 .  Island Planning (Tree

P r e servation) (Saint Helier) (No. 1) ( J er sey) Order 1992 R & O 8477

 9 .  Island Planning (Tree

P r e servation) (Saint Saviour) (No. 2) ( J er sey) Order 1992 R & O 8478.

Regulations of Undertakings and

Development Law: quarterly manpower returns. R.C.28

The Finance and Economics Committee, by Act dated 2nd November 1992, presented to the States a report analysing the quarterly manpower

returns provided under Article 2A of the Regulation of Undertakings and Development (Jersey) Law 1973, as amended, for the quarter ended 30th June 1992.

THE STATES ordered that the report be printed and distributed.

Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 2nd November 1992, 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 sale to Miss Susan Ann S h o rt of 371 square feet of land at the

f ro n t of 14 Aquila Close, St. Helier

f o r the nominal sum of £10, and 202

s q u are feet of land at the side of 14

A  q uila Close, St. Helier for the

n o m inal sum of £10, with Miss Short

b e in g responsible for all existing

r ig h ts granted by the Public to other

o w  ners in the Aquila Close area and for a l l legal costs involved.

( T h e Committee accordingly rescinded i ts A ct No. 2 of 9th March 1992, which w as notified to the States on 17th

M  a rch 1992);

 ( b) as recommended by the Island

D ev elopment Committee, the acquisition f ro m Jardin du Cure Limited 249 square f e et of land immediately in front of

3 1 - 33 New Street, St. Helier , for a

c o n sideration of £1,556.25 (£6.25 a

s q u are foot) required in connexion with r o a d widening proposals, with the

C o m mittee being responsible for the

p a y ment of legal costs;

 ( c) as recommended by the Harbours and

A  ir port Committee, the lease to Channel I s la nds Marine Limited of the west side

o f E store on the New North Quay, St.

H  el ier, for a period of nine years,

c o m mencing on the completion of the

w  o rk on the building which was being

p a id for and undertaken by that company a t a cost of £15,000. The rent would be

a t a rate of £12.69 a square foot,

d i sc ounted by the company's investment

o ver nine years and loss of the first

y e a r interest of nine per cent on

c a p ital to give a net rate of £8.72 a

s q u are foot, giving a rent for the

f ir s t year of £6,627.44;

 ( d) as recommended by the Housing

C o m mittee, the lease to the Jersey

E l e ctricity Company Limited of an

e l ec tricity substation site at Leslie

S i n el Close (the housing development on t h e former Channel Television site),

R o u ge Bouillon, St. Helier , for a

p e r iod of 99 years, at a rent of £1 a

y e a r, and to the grant to the company,

f re e of charge, of a wayleave for the

a s s ociated cables.

Matter noted - financial transaction

THE STATES noted an Act of the Finance and Economics Committee dated 2nd November 1992, showing that, in pursuance of Rule 5 of the

Public Finances (General) (Jersey) Rules 1967,

as amended, the Committee had noted that the Education Committee had accepted the lowest of five tenders, namely that submitted by Mark Amy Limited in a contract period of 95 weeks, in the sum of £2,699,029 for the redevelopment of Rouge Bouillon School.

Matters lodged

The following subjects were lodged au Greffe'' -

 1 .  Draft Court of Appeal (Amendment N  o . 6) (Jersey) Law 199  P.170/92. P r e sented by the Legislation

C o m mittee.

 2 .  Draft Amendment (No. 15) to the T a r iff of Harbour and Light Dues P . 1 71/92.

H  ar bours and Airport Committee.

3 . Education Law P.172/92. P r e sented by the Education C o m mittee.

 4 .  Draft Medical Practitioners

( R e gistration) (Amendment No. 3) ( J er sey) Law 199  P.173/92.

P r e sented by the Public Health

C o m mittee.

 5 .  3, 5 and 7 Wesley Street, St.

H  el ier: approval of drawings P.174/92. P r e sented by the Housing

C o m mittee.

 6 .  Draft Family Allowances (No. 2)

( J er sey) Regulations 199  P.175/92. P r e sented by the Social Security

C o m mittee.

THE STATES noted that the following subject had been lodged au Greffe'' on 3rd November 1992 -

T he Budget 1993.

P resented by the Finance and E conomics Committee.

Manpower returns: residential qualifications. P.120/92. Withdrawn

THE STATES noted that Senator Richard Joseph Shenton had withdrawn his proposition relating to the inclusion of non-residentially qualified and j' category staff in manpower returns (lodged on 11th August 1992).

Arrangement of Public Business for the present Sitting

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

E lizabeth Harbour: lease of

w arehouse P.161/92.

L odged: 13th October 1992 by Senator C . Stein.

H arbours and Airport Committee.

Draft Motor Traffic (No. 3) (Jersey) Regulations  199 . P.178/91 and P.199/91. Withdrawn

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

D raft Motor Traffic (No. 3) (Jersey) R egulations 199  P.178/91.

L odged: 17th November 1991.

D efence Committee.

D raft Motor Traffic

( No. 3) (Jersey) Regulations 199 ( P.178/91): amendment P.199/91. L odged: 17th December 1991.

D eputy P.A. Bailhache of

S t. Helier.

Homes for first-time buyers: private development. P.155/92

THE STATES on the proposition of the Connétable of St. John agreed to defer consideration of the proposition of Senator Richard Joseph Shenton regarding the private development of homes for first-time buyers from the present Sitting.

Members present voted as follows -

P o u r'' (35) Senators

J eune, Binnington, Le Maistre, Carter, Q uérée, Chinn.

Connétable s

S t. John, St. Clement, St. Lawrence, St. M ary, St. Ouen, St. Brelade , Trinity , St. M artin, St. Peter , Grouville , St. Helier , S t. Saviour.

Deputies

L e Gallais(S), Rumboll(H), Norman(C), St. J ohn, St. Peter , H. Baudains(C), Le

S ueur(H), St. Ouen , Coutanche(L),

H uelin(B), St. Mary, Grouville , Clarke-

H alifax(S), Le Fondré(L), St. Martin ,

W alker(H), Syvret(H).

C o n tre'' (14) Senators

S henton, Horsfall, Baal, Rothwell, Le M ain, Stein.

Deputies

B eadle(B), Wavell(S), Blampied(H),

B uesnel(H), Bailhache (H) S. Baudains(H), Le G eyt(S), Crespel(H).

Arrangement of Public Business for the next Sitting on 24th and 26th November 1992

THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the

next Sitting on 24th and 26th November 1992 -

T HE BUDGET 1993.

L odged: 3rd November 1992. F inance and

E conomics Committee.

3 , 5 and 7 Wesley Street, St. Helier: a pproval of drawings. P.174/92.

H ousing Committee.

D raft Family Allowances (No. 2)

( Jersey) Regulations 199 . P.175/92. S ocial Security Committee.

Law students attending Caen University. Questions and answers (Tape No. 158) Senator Richard Joseph Shenton asked Deputy Robin Ernest Richard Rumboll of St. Helier , President of the Legislation Committee the following questions -

1.  W ill the President inform the

H o u s e of the progress made by the

W o r k i ng Party established after I

ag r e e d to defer consideration of

m y P ro jet (P.62/92) regarding the

re q u i re ment for trainee advocates

to a tt e nd Caen University; in

p ar t ic u lar will the President

co n f i rm what measures the Working P a rt y h as taken to consult among

th e p ro fession and among those

m o s t a ffected by the legislation -

th e st u dents?

 2 .  Will the President confirm, in view of t h e fact that students are now

r e g istering for the course at Caen,

w  h at prospects there are for a speedy r e so lution to this matter?''

The President of the Legislation Committee replied as follows -

  The Working Party on Caen, was

e stablished by the Legislation Committee in J une 1992 to -

in v estigate the desirability of

a m e nding the Advocates (Jersey) Law

1 9 6 8, as amended, to remove from the

q u a lifications for becoming an advocate

o f t he Royal Court the requirement to

o b t ain a Certificat d'Etudes

J u r isdiques Française et Normandes' at t h e University of Caen'.

T his is a Joint Working Party composed of

t hree advocates nominated by the Law

S ociety of Jersey and two members of my

C ommittee assisted by the Attorney General. I t was constituted following an

E xtraordinary General Meeting of the Law S ociety on 19th May 1992 at which a

p roposal put forward on behalf of my

C ommittee was adopted.

T hat proposal was that -

 ( a) the Legislation Committee would defer t h e debate on its amendment of the

A  d vocates (Jersey) Law 1968 so as to

a ll o w the continuation for the time

b e in g of the loophole' whereby

s tu d ents could qualify as solicitors of

t h e Royal Court and subsequently apply f o r transfer to the Bar without the

r e q uirement of studying at Caen

U  n iversity;

 ( b) the Caen requirement, subject

t o c oncessions negotiated with the

U  n iversity of Caen, would continue in f o rc e for those who wished to study in C a e n and to take advantage of the

    r e st ricted (and published) syllabus

u n d er the Advocates (Examinations)

( J er sey) Rules 1989;

 ( c) in the meantime the

L e g islation Committee and the Law

S o c iety would jointly examine the

p r a cticabilities of arranging tuition

a n d examinations in Jersey on the

c i vi lian aspects of Jersey law. Such

e x a mination would also bear in mind the i m p ortance of securing that aspiring

a d v ocates would have a reasonable

   co mmand of the French language.

U nfortunately, because of the illness of

t he late President who wished to

p articipate fully in the discussions, the

W orking Party has only met twice, but these h ave been extremely fruitful meetings and

h ave resulted in a proposal being agreed,

i n principle, which it is felt could be

g enerally acceptable. I think that it would

b e premature for me to outline the proposal w hich is now subject to detailed study. I

a nticipate that the proposal must first be

p ut to the Law Society for its approval

p rior to my returning to the House with the r evised amendment to the relevant

l egislation.

T he Members of the Working Party have been m ade fully aware of the views of the

s tudents, from written submissions and the

r eport of the meeting between the

L egislation Committee and representatives

o f the students on 11th May 1992 and have

t aken regard of these comments in their

d eliberations. I should perhaps, add that I

d o not agree that students are Those most

a ffected by the legislation'. Those most

a ffected are the people of the Island who

a re entitled to know that those qualifying

t o practise as advocates are reasonably

c ompetent to advise them on the law of the I sland.

I can assure the House that every effort

i s being taken by my Committee to resolve t his situation with the greatest possible

d espatch. Until the recommendations of the W orking Party have been finalised and

a greed by all concerned the status quo will r emain.

Protection of Employment Legislation. Statement

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

  On 28th July 1992, the States

a dopted proposition P.72/92 of the Policy a nd Resources Committee and -

 ( a) approved in principle the Policy and

R e s ources Committee's report on the

i m p lementation of the Protection of

E m ployment Opportunities (Jersey) Law 1 9 8 8;

 ( b) appointed the Defence Committee to be t h e responsible Committee under the

L a w ; and

 ( c) charged the Committee to prepare the n e c essary legislation on the basis of

t h e guidelines in the Policy and

R e s ources Committee's report.

T he Law Draftsman set about preparing

t he necessary Regulations and Orders to put t he Law into effect. This process involved c onsultation with the Attorney General, a

g roup of chief officers, including the

C hief Adviser to the States and the Isle of M an authorities. It soon became clear that

t here were legal and administrative

d ifficulties if the States' decision was to

b e implemented.

T he Committee could have presented the d raft Regulations to the States without

f urther consideration. To have done so

w ould have been irresponsible in the light

o f the serious difficulties which had been i dentified.

I t has become clear - and the advice on

t his point has been consistent - the 1988 L aw was drafted to meet the perceived

p roblems of the early eighties and was

p repared with a view to targeting specific i ndustries. The position the Island now

f aces is completely different in that

u nemployment exists across the board.

I mplementing the 1988 Law in current

c ircumstances would present considerable p ractical difficulties.

A mong the problems that have been i dentified are the following -

 1 .  Each person who changed employment once t h e Law was in place would either need

a p e rmit issued by the Defence

C o m mittee if he was not exempt, or

w  o uld need to go through a notification

p r o cedure involving his employer and

t h e Immigration Department. Failure to

d o this would put the employee and

e m p loyer in a position where they could

b e p rosecuted.

S u c h a system, particularly for

e x e mpted persons, would be bureaucratic a n d would take up many hours for little

o r n o return.

 2 .  Because of the wording of the Law, it

i s n ot possible to make exceptions for

s e a sonal workers although this was

s p e cifically referred to in the

P r o jet - this will mean controlling

j o b s at a time of year when the Island

d o e s not have nearly enough local

w  o rkers to meet demand. This could mean    th e issues of 10,000 permits merely

b e c ause the Law requires it.

3 . No exceptions could be made for part- t im e work - a permit would be required f o r each job undertaken irrespective of t h e hours worked.

 4 .  No non-exempt person could start work b e f ore a permit application had been

m  ad e, the matter considered by the

D  ef ence Committee and a permit issued. T h i s would lead to significant problems i n i ndustries such as construction

w  h ere traditionally staff are required

a t f airly short notice.

 5 .  Most importantly, because of the way in w  h ich the Law is framed, the categories

o f e mployment that it is sought to

c o n trol by work permits must each be

p r e scribed by Regulations. Because the

c o n trols need to be exercised across

t h e board, this will involve listing

h u n dreds of categories without any

g u a rantee that all employment has been c o v ered.

 6 .  A provisional estimate which has been d i sc ussed with States' Personnel shows t h at up to 11 extra staff, with some

s e a sonal variation, would be required

t o p rovide a reasonable service. This

f ig u re compares favourably with Isle of M  a n staffing levels in their Work

P e r mit Section.

I n the light of those difficulties, as we

s ee it there are three options open to the D efence Committee -

 ( i) To press ahead and produce the

R e g ulations within the framework of the p r e sent law. The Committee is reluctant t o d o this for the reasons I have just

o u t lined. It is an impractical solution

w  h ich will result in a bureaucratic

n i g htmare and not achieve what the

H  o use asked for in the Projet.

 ( ii)  T he second option is to amend the p re s e n t law. Certain elements can

b e a lt e red with the approval of

th i s H o use, for example, the

m a t te r s which must be taken into

ac c o u n t when considering an

ap p l i ca tion for a permit. Other

m a t te r s such as the requirement

fo r e x e mpt locals to undergo the

n o ti fi c ation procedure when

ch a n g i ng jobs, the exclusion of

se a s o n al workers and an

al t er n a tive to the listing of all

ca t e g o ries of employment would

h av e to be put before the Privy

C o u n c il for their approval. The

re s u lt would be a poor compromise an d o n ly meet some of the

d if fi c u lties.

( iii)  The third option, which would in m y v ie w better meet the needs of th e Is l and, would be to draft a

n ew   l a w with all possible speed. T h is is the responsible and

se n s i b le solution. It recognises

th a t t o achieve the aim of

p ro t e c ting job opportunities for

lo c a l r esidents we must work

w i th i n a Law which is enforceable an d a d aptable to today's needs,

n o t y e sterday's.

I shall lodge with the States next Tuesday,

1 7th November 1992 a report and proposition a nd will seek a date for debate before the

e nd of this Session. The proposition will

i nstruct the Law Draftsman to draw up the

n ecessary legislation and to request the

P olicy and Resources Committee to put this

i tem at the top of the list in their 1992/3

l aw drafting programme.

O n the face of it, this might appear to be

a n unusual way of dealing with the whole m atter in the light of the directions given

t o my Committee by the States. However, I t rust that this House will see from my

s tatement that there is no real alternative

t o the proposed course of action. It is the m ost sensible, expedient and practical way

o f producing the legislation asked for by

t his House.''

Chief Adviser to the States of Jersey. Statement

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

  The appointment of Mr. G.C. Powell as

 C hief Adviser to the States of Jersey was

 a greed by the States on 13th October 1992,

 f ollowing acceptance of an Amendment by the  D eputy of St Mary. The Amendment was to a  r eport and proposition of the Establishment

 C ommittee (P.127/92) which in Appendix 2

 l aid out the principal responsibilities of

 t he position.

T he full thrust of the Deputy of St. Mary's r eport, concerned the title.  There was no c hange to the responsibilities advocated in t he Establishment Committee's report. The S tates approved these and they stand as

o riginally laid out. I see no reason,

t herefore, to repeat the accountabilities.

T here are four immediate subordinates to

t he Chief Adviser to the States.  These

a re, an Assistant Adviser - Economics, an

A ssistant Adviser - Policy, a Manager -

R egulation of Undertakings, and a Personal A ssistant to the Chief Adviser. Three of

t hese immediate subordinates and their

s upport staff are unchanged from the staff

w hich supported Mr. Powell as Economic A dviser'.  The only change is that an

A ssistant Adviser - Policy now reports to

t he Chief Adviser, the postholder having

p reviously been directly responsible to the

P olicy and Resources Committee. The duties

o f the postholder will include the present

d uties as Executive Officer to the Policy

a nd Resources Committee.

I can confirm that the organisation

d escribed to you does not involve any

i ncrease in staff costs to the States as a w hole. Clearly the transfer to the Chief A dviser's office of the person holding the p ost of Assistant Adviser - Policy means s imply a transfer of costs and clearer

a ccountability.

N o salary increases are planned.

M r. Powell is firmly of the belief, and is

f ully supported by the appropriate chief

o fficers, that his responsibilities can be

c arried out effectively by harnessing the

a ppropriate resources available in the

T reasury and the States' Personnel

D epartment to tasks that would be initiated b y himself following consultation with the T reasurer and the Chief Executive Officer, S tates' Personnel.

I t will be right in the future to examine

t he evolution of the rôle of the Chief

A dviser and the operation of his

D epartment. The possibility of staff being s econded to his office to carry out

s pecific tasks is also likely. Plainly,

t hat would add to the salary costs for his

D epartment on the assumption that the

d epartments from which an officer was

s econded do not continue to meet that cost. H owever, Mr. Powell believes that any

s econdment need not add to the States'

s alary bill as a whole.''

Nuclear waste shipments. Statement

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

  The House will know from media reports

 t hat a delegation representing the Island

 t ravelled to Paris last week for

 d iscussions with the Secretary General of

 t he Inter-departmental Committee for

 N uclear Safety about the transportation of

p lutonium from La Hague, and I am sure that M embers would wish me to report on the

o utcome of those talks. The visit was

arranged through the good offices of the

 F rench Consul to whom I would wish to

 e xpress my gratitude for all her

 a ssistance. The delegation was received

m ost cordially by the Secretary General and r epresentatives from the Ministries of the

 I nterior, Defence, Foreign Affairs and

 T ransport, and of the Commissioner for

 A tomic Energy and Electricité de France.

 T he Inter-departmental Committee has no

 r eal counterpart in the United Kingdom

 p ublic service but is clearly at a high

 l evel of the French administration in that

 t he Secretary General answers directly to

 t he Prime Minister of France.

T he Bailiff said that the delegation had

n ot come to ask the French government to c ease operating its nuclear installations

n or to protest about the planned

e xportation of plutonium from La Hague; it h ad no authority to do so. Nevertheless

s ome concern had been expressed in the

I sland and the delegation wished to have

f urther information about safety and

s ecurity matters generally and in

p articular in connexion with the proposed s hipment of plutonium.

T he delegation was given a detailed

e xposition of the structure of the French

n uclear industry and precautions which had b een taken over the shipment of plutonium. N o purpose would I think be served by

i temising the particular measures which had b een taken, but I think it is sufficient to

s ay that I and the members of the

d elegation were satisfied that all

r easonable precautions have been taken to e nsure the safe transportation of this

d angerous material. The containers are of m assive steel construction designed to give a very high degree of protection against

f ire, impact and atmospheric pressure as

t he result of submersion. More importantly p erhaps it was confirmed that safety

m easures have to meet the strict criteria

l aid down by the International Atomic Energy Authority which is an organisation u nder the umbrella of the United Nations. W e were assured that inspections had taken p lace to ensure compliance with these

i nternational rules.

I n response to questions about the

f requency of the proposed shipments of

p lutonium to Japan the delegation was

i nformed that there was no rhythm to it.

M uch depended upon the commercial

r equirements of the Japanese. It was likely

t hat while the demand from Japan persisted, s hipments would take place about every two y ears. The delegation was however informed

o f other European markets for the re-

p rocessed fuel, for example in Switzerland, G ermany and Sweden.

T he delegation questioned the Secretary

G eneral about the proposed route of the

J apanese vessel. The route has not been

p ublished for security reasons but we were i nformed that the ship would avoid land so f ar as possible. Further, the Secretary

G eneral said that he would use his best

e ndeavours to ensure that the ship gave the C hannel Islands as wide a berth as

p ossible.

D iscussion also took place about the

q uestion of compensation in the event,

w hich we believe to be unlikely, that a

n uclear accident affecting the Island

s hould take place. The 1960 Paris

C onvention on Third Party Liability in the F ield of Nuclear Energy provides for

c ompensation to be paid, without proof of

n egligence, by the operators of nuclear

i nstallations in countries that are parties

t o the Convention in respect of damage or

i njury occurring in the territory of

a nother contracting party as a result of

n uclear incidents at such installations.

T he Paris Convention provides that damage m ust be to the person or property and

r elated causally to a nuclear incident. The

B russels Convention is supplementary to the P aris Convention, and its main purpose is

t o increase the limit of compensation set

b y the Paris Convention. Jersey is a party

t o the two Conventions, as is France,

a lthough it should be noted that the limit

o f compensation established by the

C onventions applies to all claims, whether

d omestic or relating to damage incurred in

o ther member States, for compensation in

r espect of a specific incident at a nuclear

i nstallation. The limit does not apply to

t he total of claims which one member State m ay make upon another. It is thus unlikely

t hat Jersey would be able to claim up to

t he limit set by the Conventions. The

l imits of the Conventions were increased by t he 1982 Protocol to the Brussels

C onvention and the amount of compensation w hich could be claimed in relation to a

n uclear incident in a member State was

i ncreased to the equivalent of £250m. This

a mount of compensation is available not

o nly in the event of a nuclear incident

o ccurring at a nuclear installation, but

a lso in the event of a nuclear incident

o ccurring during the course of transport of

n uclear substances from a nuclear

i nstallation. While it is true that in

t heory the amount of damage which could be c aused by a nuclear incident is almost

w ithout limit, my Committee considers that t he provisions of these international

a greements provide reasonable protection

f or the Island but will raise the issue of

t he £250 million limited liability being

a ppropriate bearing in mind its 1983

v aluation.

F inally I think I should take the

o pportunity of saying that my Committee

d eprecates some of the remarks attributed

i n the media to Deputy Syvret and in

p articular the quite unjustified criticism

o f the Bailiff by a Member of this House.

T o speak of political interference was

q uite out of place. As President of the

D efence Committee I selected members of a d elegation which in my judgment would best r epresent the interests of the Island.

T he Defence Committee is charged by the H ouse with responsibility for these matters a nd it was entirely right that I and my

V ice-President should go. I asked the

B ailiff to lead the delegation because I

b elieved that the importance of the matter j ustified his presence. I asked the

A ttorney General to join the delegation in h is capacity as legal adviser to the States

a nd the Greffier in order to give

a dministrative assistance. Deputy Syvret is n ot a member of my Committee. He is of

c ourse perfectly entitled to express his

v iews but he has no mandate for suggesting t hat his views are those of the Island's

g overnment. Responsibility for these

m atters is vested in my Committee.

H aving said that, I repeat my comments

p rinted in the Jersey Evening Post of 29th

O ctober where I stated recognition of the

g eneral level of concern amongst Islanders a nd in fact, recognise the important merit

i n these concerns being raised by both

S enator Quérée and Deputy Syvret although, a s I stated, I had reservations over the

t ext of Deputy Syvret's proposition which

i s before us today. I wish to state that, I

h ad given serious thought to the

c onstitution of the delegation which was to m eet in Paris and in doing so, had given

c onsideration to inviting other persons,

o ne of whom was Deputy Syvret, and the

M edical Officer of Health.

I felt that this would broaden the debate

a nd perhaps delay the urgent assurances on s afety procedures we were seeking.

I wish to inform the House that my

C ommittee takes extremely seriously the r esponsibility it has in assuring all risk

a ctivities which might affect the Island a re absolutely minimised.

I have invited Deputy Syvret, and indeed i nvite any other Member of this House, to m eet with my Committee and raise any

c oncerns they may have at any time.''

New sewage inlet works and ancillary works, Bellozanne: construction

THE STATES, adopting a proposition of the Public Services Committee, expressed their support for the Island Development Committee's intention to grant permission for the construction of a new sewage inlet works and ancillary works on land adjacent to the Bellozanne Sewage Treatment Works part of which land is situated within the Green Zone, as outlined on Drawing No. PSC 1/92.

Balloon Store, South Pier, St. Helier Harbour:

approval of drawings. P.176/92

THE STATES commenced consideration of a proposition of the Harbours and Airport Committee regarding the redevelopment of The Balloon Store at the South Pier, St. Helier Harbour. After discussion, and on the proposition of Senator Terence John Le Main, the proposition was lodged au Greffe''.

Field 1587, Claremont Road, St. Helier: compulsory purchase. P.177/92

Bagatelle Nurseries, Claremont Road, St. Helier :

compulsory purchase. P.178/92

THE STATES commenced consideration of propositions of the Island Development Committee regarding the rezoning and compulsory purchase of Field 1587 and Bagatelle Nurseries, Claremont Road, St. Saviour . After discussion, and on the proposition of the Connétable of St. Saviour,

the propositions were lodged au Greffe''.

THE STATES, acceded to the request of the Connétable of St. Lawrence that these matters be considered at the next Sitting on 24th and 26th November 1992.

St. Helier Waterfront Plan. P.123/92

THE STATES commenced consideration of a proposition of the Island Development Committee regarding the approval of Map 3-92 as the development plan for the St. Helier Waterfront area and accepted an amendment of the President of the Island Development Committee that after the words where they differ'' in the

proposition, there should be added subject however to the States confirming the site of the new housing to the west of Albert and the marina at Havre des Pas.''

THE STATES, adopted the proposition as amended, and in pursuance of Article 3 of the Island

Planning (Jersey) Law 1964, approved Map No. 3- 92 as the development plan for the St. Helier Waterfront area, the proposals contained in that map to supersede those shown on the Island Map, 1-87 as amended, and the Town Map 2-87 as amended, approved by the States on 3rd and 10th November 1987 respectively, where they differ, subject however to the States confirming the

site of the new housing to the west of Albert

and the marina at Havre des Pas.

Members present voted as follows -

P o u r'' (39) Senators

S henton, Binnington, Baal, Rothwell, Le M ain, Stein, Chinn.

Connétable s

S t. John, St. Clement, St. Lawrence, St. M ary, St. Ouen, St. Brelade , Trinity , St. M artin, St. Peter , Grouville , St. Helier , S t. Saviour.

Deputies

L e Gallais(S), Rumboll(H), Wavell(S),

B lampied(H), Norman(C), St. John, St.

P eter, H. Baudains(C), Buesnel(H), Le

S ueur(H), St. Ouen , Coutanche(L),

H uelin(B), Bailhache (H), Clarke-Halifax(S), L e Fondré(L), St. Martin, Le Geyt(S),

W alker(H), Crespel(H).

C o n tre'' (7) Senators

 C arter, Quérée. Deputies

B eadle(B), St. Mary, S. Baudains(H), G rouville, Syvret(H).

THE STATES adjourned at 5.30 p.m. until

the next day, Wednesday, 11th November 1992.

  G  .H  .C . C  O P P O  C K G  re f fi e r o f the States.