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STATES MINUTES 1 3 t h O ct ober 1992 P ri c e : £ 1 . 0 0
T HE STATES assembled on Tuesday, 13th October 1992 at 9.30 a.m. under
t h e Presidency of the Bailiff ,
S i r P eter Crill, C.B.E.
_ _ _ _ _ _ ______
All Members were present with the exception of -
S enator Bernard Thomas Binnington - out of t he Island
S enator Pierre François Horsfall - out of
t he Island.
I ris Medora Le Feuvre, Connétable of St.
L awrence - out of the Island
L eonard Picot, Connétable of Trinity - out
o f the Island
J ohn Le Gallais, Deputy of St. Saviour -
o ut of the Island
M argaret Sylvia Rose Beadle, Deputy of St.
B relade - out of the Island
Leonard Norman, Deputy of St. Clement - out
o f the Island
M aurice Clement Buesnel, Deputy of St.
H elier - ill
R ichard Peter Clarke-Halifax, Deputy of St.
S aviour - out of the Island
M argaret Anne Le Geyt, Deputy of St.
S aviour - out of the Island.
_ _ _ _ _ _ ______
P r a y e rs
_ _ _ _ _ _ ______
Mrs. E.M. Pullin, Deputy of St. Saviour - welcome
The Bailiff , on behalf of the Members of the States, welcomed to the Assembly the newly- elected Deputy of St. Saviour (No. 1 District) Mrs. Evelyn Mabel Pullin.
Subordinate legislation tabled
The following enactment was laid before the States, namely -
P etty Debts Court (Jersey) Rules 1 992 R & O 8152.
Legislation Committee - appointment of President and Members
THE STATES, on the proposition of Senator Reginald Robert Jeune , appointed Deputy Robin Ernest Richard Rumboll of St. Helier as President of the Legislation Committee.
THE STATES, on the proposition of Deputy Rumboll, appointed the following as members -
S enator Reginald Robert Jeune
I ris Medora Le Feuvre, Connétable of St.
L awrence
E nid Clare Quénault, Connétable of St.
B relade
D erek Ryder Maltwood, Deputy of St. Mary P ercy John Le Masurier, Deputy of St. Ouen.
Etat Civil Committee - appointment of members
THE STATES appointed Leonard René Hamel, Connétable of St. Clement and Robert Lester Le Brocq, Connétable of St. Helier, as members of the Etat Civil Committee.
Le Hougue Grange Farm development: report of the Committee of Inquiry. R.C.27/92
The Committee of Inquiry set up to investigate the events that had affected the development at La Hougue Grange Farm, La Route de Câtillon, Grouville , presented to the States its report.
THE STATES ordered that the said report be printed and distributed.
Matters noted - financial transactions THE STATES noted an Act of the Finance and Economics Committee dated 5th October 1992, 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 the l o w est of six tenders, namely that
s u b mitted by D.C. Allen Limited in a
c o n tract period of 36 weeks, in the sum
o f £ 253,954 for the proposed housing
d e v elopment at La Grande Maison, St.
M a rtin;
( b) the Housing Committee had accepted the l o w est of four tenders, namely that
s u b mitted by Regal Construction
( J er sey) Limited in a contract period
o f 4 8 weeks, in the sum of £286,490 for
t h e proposed housing development at 73
C o l omberie, St. Helier;
( c) the Public Health Committee had
a c c epted the tender submitted by A.C. M a uger and Son (Sunwin) Limited in a c o n tract period of 52 weeks, in the sum
o f £ 603,004 for the construction of an
e x te nsion to the Pathology Laboratory a t t he General Hospital; and
( d) the Housing Committee had accepted the t e nd er submitted by J.P. Mauger Limited i n a contract period of 28 weeks, in
t h e sum of £417,998 for the proposed
h o u sing development at Le Parcq de la
B e l le Fontaine, St. Martin.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Companies (Amendment)
( J er sey) Law 1992 (Appointed Day) Act 1 9 9 2. P.152/92
P r e sented by the Finance and
E c o nomics Committee
2 . Draft Companies (Jersey) Law
1 9 9 1 (Appointed Day) (No. 2) Act 1992. P . 1 53/92
P r e sented by the Finance and
E c o nomics Committee
3 . Draft Companies (Transitional P r o visions) (Repeal) (Jersey) R e g ulations 1992. P.154/92 P r e sented by the Finance and E c o nomics Committee
4 . Homes for first-time buyers: p r iv ate development. P.155/92 P r e sented by Senator Richard J o s eph Shenton
5 . Mobility allowance (P.139/92): a m e ndments. P.156/92
P r e sented by Deputy Stuart
S y v ret of St. Helier
6 . Draft Dentists (Registration)
( A m endment No. 2) (Jersey) Law 199 . P . 1 57/92
P r e sented by the Public Health
C o m mittee
7 . Draft Restriction on Smoking
( S a les of Cigarettes to Children)
( J er sey) Regulations 199 . P.158/92 P r e sented by the Public Health
C o m mittee
8 . Voting and employment rights of n o n -British E.C. citizens. P.159/92 P r e sented by Senator Dereck
A n dré Carter
9 . Draft Island Planning (Amendment N o . 5) (Jersey) Law 199 . P.160/92 P r e sented by the Island
D ev elopment Committee.
The following subject was lodged on 6th October 1992 -
G olf course: Wheatlands, St. Peter
P .151/92
P resented by the Island Development C ommittee.
Mobility allowance. P.139/92
THE STATES acceded to the request of the President of the Social Security Committee that consideration of the proposition regarding a mobility allowance for certain disabled persons (P.139/92 - lodged on 22nd September 1992) be deferred from the present Sitting. Arrangement of Public Business for the next Sitting on 27th October 1992
THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the
next Sitting on 27th October 1992 -
H aut de la Garenne: development of site in G reen Zone P.88/92
L odged: 9th June 1992
I sland Development Committee
A n Archives Service for Jersey P .99/92
L odged: 14th July 1992
P olicy and Resources Committee
M anpower returns: residential q ualifications P.120/92
L odged: 11th August 1992
S enator R.J. Shenton
P arish Rate Appeals P.135/92 L odged: 15th September 1992 S enator R.R. Jeune
D raft Wills and Successions (Jersey) L aw 199 P.143/92
L odged: 29th September 1992
L egislation Committee
D raft Companies (Amendment) (Jersey)
L aw 1992 (Appointed Day) Act 1992 P.152/92 F inance and Economics Committee
D raft Companies (Jersey) Law 1991
( Appointed Day) (No. 2) Act 1992 P.153/92 F inance and Economics Committee
D raft Companies (Transitional
P rovisions) (Repeal) (Jersey) Regulations 1 992 P.154/92
F inance and Economics
C ommittee.
Compensation orders. Question and answer (Tape No. 154)
Senator Terence John Le Main asked Deputy Robin Ernest Richard Rumboll of St. Helier , President of the Legislation Committee the following question -
Will the President bring forward
p roposals to rectify the unsatisfactory
s tate of the law whereby, if the Police
C ourt makes an order for compensation
a gainst a convicted person, the person in
w hose favour the order is made has no right t o sue the convicted person civilly for
d amages, yet, if the convicted person fails
t o pay the compensation, the law provides
n o other means of enforcing the order?''
The President of the Legislation Committee replied in the following terms -
The Legislation Committee, when
c onsidering the inclusion of a provision
f or the enforcement of compensation orders i n the draft Criminal Justice (Young
O ffenders) (Jersey) Law, was mindful of the f act that no such provision existed in the
P olice Court (Miscellaneous Provisions)
( Jersey) Law 1949 and that the Royal Court, w hilst having power of enforcement by use
o f contempt proceedings, did not have
s tatutory powers.
T herefore, following consultation with the R oyal Court, it decided that new
l egislation should be proposed to give
s tatutory power of enforcement to all
C ourts.
A draft Criminal Justice (Compensation
O rders) (Jersey) Law 199 was therefore
d rafted. The purpose of which is to make n ew provision to empower the courts to
o rder persons convicted of crimes to pay
c ompensation for injury, loss or damage to t heir victims.
M y Committee will shortly be considering t his draft law and will discuss with the
R oyal Court, the Judicial Greffier and the M agistrates before seeking the approval of t he States.''
2 Roseville Villas, Roseville Street, St. Helier : acquisition and transfer of administration
THE STATES, adopting a proposition of the Island Development Committee -
( a) authorised the purchase of the property 2 R oseville Villas, Roseville Street,
S t H elier (as shown on Drawing
N o . 360/1) from Mr George Lawrence F o w ler for the sum of £210,000 with e a c h party being responsible for its
o w n legal fees;
( b) authorised the Attorney General and the G re ffier of the States to pass, on
b e h alf of the public, the necessary
c o n tracts;
( c) authorised the payment of the amount s p e cified from the Island Development C o m mittee Capital Vote of Credit
C . 0 904 - Acquisition of Land (Major
R e s erve);
( d) authorised the transfer of the property t o t he administration of the Public
H ea lth Committee.
Elizabeth Harbour: lease of warehouse. P.161/92
THE STATES commenced consideration of a proposition of the Harbours and Airport Committee regarding the leasing of the new warehouse at Elizabeth Harbour, St. Helier . After discussion, and on the proposition of Senator Corrie Stein, the proposition was lodged au Greffe''.
Chief Executive Officer to the States of Jersey: appointment (P.127/92) and amendment (P.133/92)
THE STATES, commenced consideration of a proposition of the Establishment Committee regarding the appointment of Mr. Geoffrey Colin Powell, M.A. (Cantab), Economic Adviser, as Chief Executive Officer to the States of Jersey.
THE STATES accepted an amendment of Deputy Derek Ryder Maltwood of St. Mary that for the words
Executive Officer'' there should be
substituted the word Adviser''.
Members present voted as follows -
P o u r'' (23) Senators
B aal, Le Maistre, Carter, Quérée. Connétable s
S t. Clement, St. Mary, St. Ouen, St.
B relade, St. Martin, St. Peter, Grouville , S t. Helier.
Deputies
B lampied(H), H. Baudains(C), Coutanche(L), H uelin(B), Jordan(B), St. Mary ,
B ailhache(H), Rabet(H), Le Fondré(L), St. M artin, Syvret(H).
C o n t r e'' (19) Senators
S henton, Jeune , Rothwell, Le Main, Stein, C hinn.
Connétable s
S t. John, St. Saviour . Deputies
R umboll(H), Wavell(S), St. John, St. Peter, L e Sueur(H), St. Ouen, S. Baudains(H),
G rouville, Walker (H), Crespel(H),
P ullin(S).
THE STATES, adopting the proposition, as amended appointed Mr. Geoffrey Colin Powell, M.A. (Cantab), Economic Adviser, as Chief Adviser to
the States of Jersey.
Members present voted as follows -
P o u r'' (40) Senators
S henton, Jeune , Baal, Rothwell, Le Main, Le M aistre, Carter, Stein, Quérée,
C hinn.
Connétable s
St. Clement , St. Mary, St. Ouen, St.
B relade, St. Martin, St. Peter, Grouville , S t. Helier, St. Saviour .
Deputies
R umboll(H), Wavell(S), Blampied(H), St. J ohn, St. Peter , H. Baudains(C),
L e Sueur(H), St. Ouen, Coutanche(L),
H uelin(B), Jordan(B), St. Mary , B ailhache(H), Rabet(H), S. Baudains(H), G rouville, Le Fondré(L), St. Martin,
W alker(H), Crespel(H),
P ullin(S).
C o n t r e'' (2) Connétable
S t. John. Deputy
S yvret(H).
Mental Health (Jersey) Law: reform. P.200/91
THE STATES, adopting a proposition of the Public Health Committee -
1 . supported the principle that mentally d i so rdered people should be treated in s u c h a way as to facilitate their
i n te gration or re-integration into the
c o m munity;
2 . supported the principle that mentally d i so rdered people should, wherever
p o s sible, enjoy the same legal rights a s e veryone else;
3 . supported the principle that detention a n d compulsory treatment for mental d i so rder should be permitted to take
p l ac e, but only when it is necessary
a n d in such a way that it imposes the m in imum limitations on the patient's f re e dom which are needed to preserve h i s welfare and that of others;
4 . supported the principle that mentally
d i so rdered offenders should have access t o p sychiatric treatment in hospital;
5 . agreed to revise the procedure for
c o m pulsory admission to hospital and r e ce ption into guardianship with
i m p roved safeguards for the protection
o f p atients' best interests and civil
r ig h ts;
6 . agreed to provide for a system of
s u b stitute decision-making in defined c i rc umstances where it is proposed to t re a t a psychiatric patient without
c o n sent and for reference to the Royal C o u rt in a limited class of contentious c a s es;
7. agreed to empower the Royal Court to s e n tence mentally disordered offenders t o d etention in a psychiatric hospital
a n d to empower the Bailiff to direct
t h e transfer of mentally disordered
o f fe nders from prison to hospital, with
a n o ption to impose restrictions on
d i sc harge in either case;
8 . agreed to provide for the compulsory
t ra n sfer of patients to psychiatric
h o s pitals in England and Wales where a d e ta ined patient cannot effectively be
c a re d for in Jersey;
9 . agreed to provide for increased appeal
o p p ortunities to Mental Health Review
T r ib unals, revised composition of
T r ib unals and an appropriate body for t h e review of offender-patients' cases;
1 0. agreed to provide for closer statutory s u p ervision by the Public Health
C o m mittee in defined circumstances;
1 1. agreed to protect and extend in-
p a ti ents' rights with regard to mail, a c c ess to courts and voting;
1 2. agreed to provide for the more
e f fe ctive management of incapable p a ti ents' property and affairs with s ta t utory safeguards for their
d e p endants and estates;
1 3. agreed to clarify the offence of
u n l awful sexual intercourse with female p a ti ents;
1 4. agreed to provide for the alternative
r e g istration of premises formerly known a s Mental Nursing Homes'' under the
d es cription Residential Care Homes''
a t t he option of the proprietors; and
1 5. agreed to make further statutory
c h a nges in connexion with related and c o n sequential matters.
Dental scheme for priority groups. P.140/92 THE STATES adopting a proposition of the Social Security Committee approved in principle the introduction of a dental scheme, to be funded
from general revenues, for persons who are excepted from liability to pay Health Insurance contributions.
Drug Trafficking Offences (Designated Countries and Territories) (Amendment No. 2) (Jersey) Regulations 1992. P.141/92
THE STATES in pursuance of Article 18 of the Drug Trafficking Offences (Jersey) Law 1988 made Regulations entitled the Drug Trafficking
Offences (Designated Countries and Territories) (Amendment No. 2) (Jersey) Regulations 1992.
Administration of Justice (Interim Payments and Provisional Damages) (Jersey) Law 1992. P.142/92
THE STATES subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Administration of Justice (Interim Payments and Provisional Damages) (Jersey) Law 1992.
88 and 90 Great Union Road, St. Helier : approval of drawings. P.144/92
THE STATES adopting a proposition of the Housing Committee -
( a) approved Drawings Nos. 109/4A, 5A, 5B, 6 A , 6B, 7A and 8A, showing the
r e d evelopment of 88 and 90 Great Union
R o a d, St. Helier , to provide two one-
b e d roomed and five two-bedroomed
d w ellings;
( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t h e States.
Family Allowances (Jersey) Law 1972 (Amendment No. 2) (Jersey) Regulations 1992. P.145/92
THE STATES, in pursuance of Article 21 of the Family Allowances (Jersey) Law 1972, as amended, made Regulations entitled the Family Allowances (Jersey) Law 1972 (Amendment No. 2) (Jersey) Regulations 1992.
Family Allowances (Jersey) Regulations 1992. P.146/92
THE STATES, in pursuance of Article 7 of the Family Allowances (Jersey) Law 1972, as amended, made Regulations entitled the Family Allowances (Jersey) Regulations 1992.
Road Traffic (No. 42) (Jersey) Regulations 1992. P.147/92
THE STATES, in pursuance of the powers conferred on them by the Order in Council of the twenty-
sixth day of December 1851 and Article 49 of the Road Traffic (Jersey) Law 1956, as amended, made Regulations entitled the Road Traffic (No. 42) (Jersey) Regulations 1992.
Sea-Fisheries (Amendment No. 5) (Jersey) Law 1992 (Appointed Day) Act 1992. P.148/92
THE STATES in pursuance of Article 5 of the Sea- Fisheries (Amendment No. 5) (Jersey) Law 1992 made an Act entitled the Sea-Fisheries (Amendment No. 5) (Jersey) Law 1992 (Appointed Day) Act 1992.
Building Loans (Amendment No. 11) (Jersey) Law 1992 (Appointed Day) Act 1992. P.149/92
THE STATES in pursuance of Article 2 of the Building Loans (Amendment No. 11) (Jersey) Law 1992 made an Act entitled the Building Loans (Amendment No. 11) (Jersey) Law 1992 (Appointed Day) Act 1992.
Building Loans (Miscellaneous Provisions) (Amendment No. 22) (Jersey) Regulations 1992. P.150/92
THE STATES in pursuance of Article 15 of the Building Loans (Jersey) Law 1950, as amended, made Regulations entitled the Building Loans (Miscellaneous Provisions) (Amendment No. 22) (Jersey) Regulations 1992.
THE STATES rose at 4.20 p.m.
C . M . N E W C O M BE D e p u ty Greffier of the States.