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STATES MINUTES 1 8 th F e bruary 1992 P ri c e : £ 1 . 0 0
T HE STATES assembled on Tuesday, 18th February 1992 at 9.30 a.m. under the Presidency of the Deputy Bailiff ,
V er non Amy Tomes, Esquire.
_ _ _ _ _ _ ______
All Members were present with the exception of -
S enator Reginald Robert Jeune - out of the
I sland.
S enator Antony Beresford Chinn - out of the I sland.
G raeme Ernest Rabet, Deputy of St. Helier - i ll.
T erence Ahier Jehan , Deputy of St. Martin -
o ut of the Island.
F rank Harris on Walker , Deputy of St.
H elier - out of the Island.
_ _ _ _ _ _ ______
P rayers read by the Deputy Bailiff _ _ _ _ _ _ ______
Connétable of St. Peter - welcome
The Deputy Bailiff , on behalf of the Members of the States, welcomed to the Assembly the newly elected Connétable of St. Peter , Mr. Malcolm Pollard.
Deputy M.C. Buesnel of St. Helier - welcome
The Deputy Bailiff , on behalf of the Members of the States, welcomed Deputy Maurice Clement Buesnel of St. Helier to the States after his recent illness.
Subordinate legislation tabled
The following enactments were laid before the
States, namely -
1 . Jersey Open Air Market (Jersey) O rd er 1992. R & O 8335.
2 . Road Traffic (Saint Helier)
( A m endment No. 16) (Jersey) Order 1992. R & O 8336.
3 . Road Traffic (Saint Saviour)
( J er sey) Order 1992. R & O 8337.
4 . Road and Sand Racing (Jersey) O rd er 1992. R & O 8338.
Housing Committee: resignation of member
THE STATES noted the resignation of Frank Harris on Walker , Deputy of St. Helier from the Housing Committee.
Housing Committee: appointment of member
THE STATES appointed Graeme Ernest Rabet, Deputy of St. Helier as a member of the Housing
Committee.
Finance and Economics Committee: appointment of member
THE STATES appointed Frank Harris on Walker , Deputy of St. Helier as a member of the Finance and Economics Committee.
Tourism Committee: appointment of member
THE STATES appointed Malcolm Pollard, Connétable of St. Peter as a member of the Tourism
Committee.
Prison Board: appointment of member
THE STATES appointed Malcolm Pollard, Connétable of St. Peter as a member of the Prison Board.
Jersey Electricity Company Limited: Director's report and accounts for 1991
The Finance and Economics Committee by Act dated 13th January 1992, presented to the States the Jersey Electricity Company Limited Director's report and accounts for 1991.
Regulation of Undertakings and Development Law: quarterly manpower returns. R.C.5
The Finance and Economics Committee by Act dated 27th January 1992, presented to the States a
report covering 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 September 1991.
THE STATES ordered that the said report be printed and distributed.
Matters noted - land transactions -
THE STATES noted Acts of the Finance and Economics Committee dated 27th January and 10th February 1992, showing that, in pursuance of Standing Orders relating to certain transactions
in land, the Committee had approved -
( a) as recommended by the Tourism
C o m mittee, the lease to Mr. Peter Ivan
G ib bins, Mr. Robert Arthur Gibbins,
M r s. Anne Huelin, née Gibbins and Mrs. P h y llis Gibbins née Kent, of Le Braye
C a f é, Five Mile Road, St. Ouen for a
p e r iod of three years from 24th
D ec ember 1991 at a rent of £13,000 for t h e first year and with the rent for
1 9 9 3 and 1994 to be reviewed in late
1 9 9 2;
( b) as recommended by the Tourism
C o m mittee, the lease to Mr. Clive
A le xander Black of West Park Café, West P a r k, St. Helier for a period of three
y e a rs from 24th December 1991 at a rent
o f £ 12,900 for the first year and with
t h e rent for 1993 and 1994 to be
r e v iewed in late 1992;
( c) as recommended by the Harbours and A ir port Committee, the assignment of t h e lease from 1st January 1992 of an a r ea of land and forecourt at St.
B r e lade's Garage (Lettings Nos. L53 a n d L53A) currently held by the Island M o tor Company Limited to Interlock
I n v estments Limited on the same terms a n d conditions as the current lease
h e ld by the Island Motor Company
L i m ited;
( d) as recommended by the Harbours and
A ir port Committee, an addendum to the c u r rent lease held by British Channel
I s la nd Ferries on accommodation at
E l iz abeth Harbour Terminal to include
8 2 9 square feet of office
a c c ommodation with effect from 10th
M a y 1991 at an annual rent of £9,168.74 a n d with effect from 14th October 1991
o f 2 77.5 square feet of storage space
a t a n annual rent of £3,069.15, on the
s a m e terms and conditions as the
c u r rent lease;
( e) as recommended by the Public
H ea lth Committee, the extension of the l e as e from Mrs. Maureen Olive Hamel, n é e Quénault, of the four-bedroomed
d e ta ched house, Burwood, Rue des
S a b lons, Grouville , for a period of six m o nths from 1st November 1991, at an a n n ual rent of £10,448.35;
( f) as recommended by the Housing
C o m mittee, with the support of the
I s la nd Development Committee, the
p u r chase from Mont Limited of the
p r o perty 16 Val Plaisant, St. Helier ,
f o r the sum of £80,000 with each party p a y ing its own legal expenses;
( g) as recommended by the Harbours and
A ir port Committee, the granting to Mr.
A n drew William Barrott and Mrs. Angela B a r rott, née Aked of a wayleave
r e q uired to lay a sewer under Fields
2 4 , 25, 26, 27 and 46 in the Parish of
S t . Peter to connect their property to
t h e main sewer on L'Avenue de la
C o m mune, for a payment of £1,000 and
w it h Mr. and Mrs. Barrott's being
r e sp onsible for all legal fees;
( h) as recommended by the Harbours and
A ir port Committee, the lease to Jersey
C r u ising School and Yacht Charters for a p e riod of three years commencing 25th N o vember 1991 of 490 square feet of
o f fi ce accommodation on the New North Q u ay, St. Helier (Letting No. 18a) at a n a nnual rent of £6,218 subject to
a n n ual increases.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Administrative Decisions
( R e view) (Panel of Members) (Jersey) A ct 199 . P.12/92
P re sented by the Special
C o m mittee to consider the relationship b e tw een Committees and the States.
2 . Draft Drug Trafficking Offences
( D e signated Countries and Territories)
( A m endment) (Jersey) Regulations 199 . P . 1 3/92
P r e sented by the Finance and
E c o nomics Committee.
3 . Grouville Hospital
s it e , Grouville : approval of drawings. P . 1 4/92.
P r e sented by the Housing
C o m mittee.
4 . Draft Policing of Parks
( A m endment No. 8) (Jersey) Regulations 1 9 9 . P.15/92.
P r e sented by the Public Services
C o m mittee.
5 . Draft Policing of Beaches
( A m endment No. 8) (Jersey) Regulations 1 9 9 . P.16/92.
P r e sented by the Tourism
C o m mittee.
6 . Le Parcq de la Belle Fontaine, l a R ue d'Aval, St. Martin : lease. P . 1 7/92.
P r e sented by the Housing
C o m mittee.
7 . Projet de Loi (199 ) (Amendement N o . 4) sur l'instruction primaire.
P . 1 8/92.
P r e sented by the Education
C o m mittee.
8 . Terms of Employment Officers: a p p ointment. P.19/92.
P r e sented by the Industrial R e l ations Committee.
9 . Island Plan: continued support. P . 2 0/92.
P r e sented by Deputy Stuart
S y v ret of St. Helier.
1 0. Island Development Committee: v o t e of no confidence. P.21/92.
P r e sented by Senator Richard
J o s eph Shenton.
Draft Regulation of Undertakings and Development (Amendment No. 6) (Jersey) Regulations 199 . P.20/91. Withdrawn
THE STATES noted that in pursuance of Standing Order 17(6) the following subject which was lodged au Greffe'' had been withdrawn -
D raft Regulations of Undertakings and
D evelopment (Amendment No. 6) (Jersey) R egulations 199 . P.20/91.
L odged: 19th February 1991.
F inance and Economics Committee.
Arrangement of Public Business for the present Sitting
THE STATES confirmed that the following further subjects lodged au Greffe should be considered
at the present Sitting -
T eachers' Centre: relocation P.190/91. L odged: 3rd December 1991.
E ducation Committee.
( Island Development Committee report r efers - R.C.30/91).
T eachers' Centre - relocation:
s upplementary vote of credit. P.163/91. L odged: 22nd October 1991.
F inance and Economics Committee.
D raft Firearms (Amendment No. 2) ( Jersey) Law 199 . P.191/91.
L odged: 3rd December 1991.
D efence Committee.
Arrangement of Public Business for next
Sitting on 3rd March 1992
THE STATES confirmed that the following subjects lodged au Greffe should be considered at the
next Sitting on 3rd March 1992 -
I sland Development Committee: vote of no c onfidence. P.21/92.
S enator R.J. Shenton.
THE STATES decided to take this matter as the first item of Public Business.
D raft Administrative Decisions (Review)
( Panel of Members) (Jersey) Act
1 99 . P.12/92.
S pecial Committee to consider
t he relationship between Committees and the S tates.
D raft Drug Trafficking
O ffences (Designated Countries and T erritories) (Amendment) (Jersey) R egulations 199 . P.13/92.
F inance and Economics Committee.
G rouville Hospital site, Grouville : a pproval of drawings. P.14/92.
H ousing Committee.
D raft Policing of Parks (Amendment
N o. 8) (Jersey) Regulations 199 . P.15/92. P ublic Services Committee.
D raft Policing of Beaches (Amendment N o. 8) (Jersey) Regulations 199 . P.16/92. T ourism Committee.
L e Parcq de la Belle Fontaine, La Rue d 'Aval, St. Martin: lease. P.17/92.
H ousing Committee.
P rojet de Loi (199 ) (Amendement
N o. 4) sur l'instruction primaire. P.18/92. E ducation Committee.
T erms of Employment Officers: a ppointment. P.19/92.
I ndustrial Relations
C ommittee.
Island Plan: continued support. P.20/92
THE STATES rejected a request of Deputy Stuart Syvret of St. Helier that consideration of the proposition regarding the States support for the Island Plan should be discussed on 3rd March 1992.
Incident outside a local night spot. Questions and answers
Deputy Stuart Syvret of St. Helier asked Deputy Michael Adam Wavell of St. Saviour , President of the Defence Committee, the following questions -
1. I s it true that a police car
st r u ck and injured two young p eo p l e outside a popular night sp o t ?
2 . If the answer to the above is yes,
c o u ld the President explain why no p u b lic statement has been made
c o n cerning this incident?
3 . Why have not the police made a public r e q uest for witnesses to come forward
a s i s usual when a pedestrian is struck
b y a car?''
The President of the Defence Committee replied as follows -
1. I confirm that a police car was in co l l is io n with two young people at ab o u t 10.40 p.m. on Saturday, 1st F e b ru a ry 1992, outside the Inn on th e P a rk at West Park as a result
o f w h i ch they both received minor
in j u ri e s.
2 . There was absolutely no reason why a
p u b lic statement should not have been
m ad e and it is accepted by the Chief
O ff icer that it would have been prudent
f o r the police to have made a public
s ta t ement at an earlier time and the
r e as ons for not doing so are now being
e x a mined. Further, I am satisfied that
a f u ll and thorough investigation is
b e in g carried out into this very
r e g rettable incident by a senior
o f fi cer to determine whether any
c r im inal and/or disciplinary offences
h a v e been committed and, as in all
c a s es, a report will be forwarded to
H er Majesty's Attorney General who will d e c ide whether any further action will
b e t aken. Once more all complaints are
o v e rseen by my Committee's sub-
c o m mittee, a rôle which they have to e x a mine all complaints that are put b e f ore the police.
3 . Whilst it is not unusual for the
p o l ice to make a public request for
w it nesses when a pedestrian is struck
b y a car it is not a prerequisite to
a n y subsequent investigation. The
p o l ice deal with a considerable number
o f i njury incidents each year and an
a p p eal is usually made only when
w it nesses give conflicting statements
o r w here there are no immediate
i d en tifiable witnesses to hand. In this
c a s e, I understand that there were at
l e as t six known independent witnesses t o t he incident.''
Mont à l'Abbé School, St. Helier : approval of drawings
THE STATES, adopting a proposition of the Education Committee -
( a) approved Drawings Nos. 1400/01/100 - 1 4 0 0/01/110 showing the construction of a d d itional classrooms, general purpose
h a ll and other teaching accommodation
a t M ont à l'Abbé School;
( b) authorised the Greffier of the States t o s ign the said Drawings on behalf of t h e States.
Suspension of Standing Order No. 24(3)
THE STATES, adopting a proposition of the Island Development Committee suspended Standing Order No. 24(3) in order to allow the matter regarding development at Long Beach and Puerto Seco, La Rue à Don, Grouville , to be reconsidered by the States during the current session.
Long Beach and Puerto Seco, La Rue à Don, Grouville : development
THE STATES commenced consideration of a proposition of the Island Development Committee regarding development at Long Beach and Puerto Seco, La Rue à Don, Grouville .
After further discussion, the President of the
Island Development Committee made the following statement -
As suggested by the House my Committee h as met during the adjournment and has
d ecided to take note of the views expressed b y some members during the course of the d ebate. I have had the opportunity of
m eeting informally with the owner and I
h ave asked him to consider amending his
p lans so that no part of the development
w ill exceed a height of 30 feet above the
g round. The owner is giving consideration t o this proposal with his advisers.
I f the owner is not prepared to seek to
a mend his plans in the way that I have
s uggested the Committee will give
c onsideration to the exercise of its power,
u nder Article 7 of the Island Planning
( Jersey) Law 1964 to modify the permission g ranted by my Committee.
I therefore seek the leave of the House to w ithdraw my Committee's proposition.''
On the proposition of the Connétable of St.
John, President of the Island Development Committee, the States gave leave to the Island Development Committee to withdraw its proposition regarding development at Long Beach and Puerto Seco, La Rue à Don, Grouville .
Members present voted as follows - P o u r' ' (36)
Senators
S henton, Binnington, Horsfall, Le Maistre, S tein.
Connétable s
S t. John, St. Peter , St. Helier, St.
C lement, St. Lawrence, St. Mary, St. Ouen, S t. Saviour, St. Brelade , Trinity , St.
M artin, Grouville .
Deputies
L e Gallais(S), Roche(S), Beadle(B),
W avell(S), Blampied(H), Norman(C), St.
J ohn, St. Peter , Baudains(C), Le Sueur(H), S t. Ouen, Coutanche(L), Huelin(B),
J ordan(B), St. Mary, Clarke-Halifax(S), Le F ondré, Le Geyt(S), Crespel(H).
C o n t r e'' (10)
Senators
B aal, Rothwell, Le Main, Carter, Quérée.
Deputies
T rinity, Bailhache (H), Baudains(H), G rouville, Syvret(H).
Island Development Committee: vote of no confidence. P.21/92
THE STATES noted that as the Island Development Committee had withdrawn its proposition
regarding the development at Long Beach and Puerto Seco, Grouville , Senator Richard Joseph Shenton had withdrawn his proposition proposing
a vote of no confidence in the Island
Development Committee.
Island Plan: continued support. P.20/92
THE STATES, acceded to the request of Deputy Stuart Syvret of St. Helier that consideration
of the proposition regarding the States continued support for the Island Plan should be considered at the next Sitting on 3rd March 1992.
Teachers' Centre: relocation. P.190/91
THE STATES, adopting a proposition of the Education Committee informed the Island Development Committee that the States' preferred option for the location of the Teachers' Centre would be on a site at Highlands College.
Teachers' Centre - relocation: supplementary vote of credit. P.191/91
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 ducation Committee
3 096 - General maintenance and e mergencies £350,000
Social Security (Amendment No. 9) (Jersey) Law
1992 (Appointed Day) Act 1992. P.7/92
THE STATES, in pursuance of Article 3 of the Social Security (Amendment No. 9) (Jersey) Law 1992 made an Act entitled the Social Security (Amendment No. 9) (Jersey) Law 1992 (Appointed Day) Act 1992.
Territorial Army Personnel: purchase of properties. P.11/92
THE STATES, adopting a proposition of the Defence Committee -
( a) approved the policy of the Defence
C o m mittee to purchase four houses for
o c c upation by U.K. Army officers posted
t o J ersey to serve with the Island's
T e r ritorial Army Royal Engineer Field
S q u adron;
( b) approved the utilisation of the Defence C o n tribution Vote of Credit for this
p u r pose;
( c) approved the purchase from Mr. Henry H u gh Goldsmith of the property No. 2
V il le ès Renauds, Grouville for the sum
o f £ 245,000 on the basis described in
t h e report of the Defence Committee
d a te d 16th January 1992;
(d) authorised the Attorney General and the
G re ffier of the States to pass, on
b e h alf of the public, any contracts
w h ich it is found necessary to pass in
c o n nexion with the said property and
a n y interest therein.
Firearms (Amendment No. 2) (Jersey) Law 1992. P.191/91
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council adopted a Law entitled the Firearms (Amendment No. 2) (Jersey) Law 1992.
Road Traffic (No. 41) (Jersey) Regulations 1992. P.8/92
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. 41) (Jersey) Regulation 1992.
Motor Traffic (No. 3) (Jersey) Regulations 1992. P.9/92
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 54A of
the Motor Traffic (Jersey) Law 1935 as amended made Regulations entitled the Motor Traffic
(No. 3) (Jersey) Regulations 1992.
Policing of Roads (Amendment No. 3) (Jersey) Regulations 1992. P.10/92
THE STATES commenced consideration of the draft Policing of Roads (Amendment No. 3) (Jersey) Regulations 199 (lodged on 4th February 1992)
and adopted the Preamble.
Regulation 1 was adopted, the States having accepted an amendment of the Defence Committee that in Regulation 1, paragraph (c) should be deleted.
Regulations 2 and 3 were adopted.
The Regulations were there upon lodged, as amended, in Second Reading.
THE STATES rose at 4.35 p.m.
C . M . N E W C O MBE D e p u ty Greffier of the States.