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STATES MINUTES 2 1 s t J a n uary 1992 P ri c e : £ 2 . 0 0
T HE STATES assembled on Tuesday, 21st January 1992 at 10.15 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 -
L eonard Norman, Deputy of St. Clement - out
o f the Island.
M aurice Clement Buesnel, Deputy of St.
H elier - ill.
D erek Ryder Maltwood, Deputy of St. Mary -
o ut of the Island.
G raeme Ernest Rabet, Deputy of St. Helier -
i ll.
_ _ _ _ _ _ ______
P r a y e rs
_ _ _ _ _ _ ______
Tourism Committee: resignation of President
THE STATES accepted the resignation of Deputy Graeme Ernest Rabet of St. Helier , as President of the Tourism Committee.
Tourism Committee: vacancy in Presidency
In accordance with Article 28(3) of the States of Jersey Law 1966, the Bailiff gave notice that there was a vacancy in the office of President of the Tourism Committee.
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Immigration (Hotel Records) (Jersey) O rd er 1991 R & O 8316
2 . Road Traffic (Public Parking Places)
( A m endment No. 21) (Jersey) Order 1991 R & O 8317
3 . Post Office (General Provisions)
( A m endment No. 34) (Jersey) Order 1991 R & O 8318
4 . Post Office (Foreign Post Provisions)
( A m endment No. 20) (Jersey) Order 1991 R & O 8319
5 . Amendment (No. 13) to the Tariff of H a rbour and Light Dues R & O 8320
6 . Royal Court (Amendment No. 6) Rules 1 9 9 1 R & O 8321
7 . Civil Service Administration (Salaries)
( A m endment No. 11) (Jersey) Order 1992 R & O 8322
8 . Companies (Standard Table) (Jersey) O rd er 1992 R & O 8323
9 . Companies (General Provisions) (Jersey) O rd er 1992 R & O 8324
1 0. Companies (Fees) (Jersey) Order 1992 R & O 8325
1 1. Companies (Qualification of Secretary) (J e rsey) Order 1992 R & O 8326
1 2. Companies (Application of Share P r e miums) (Jersey) Order 1992
R & O 8327
1 3. Companies (Share
C e r tificates) (Exemption) (Jersey) O rd er 1992 R & O 8328
1 4. Companies (Prescribed Currency)
( J er sey) Order 1992 R & O 8329
Mental Health (Jersey) Law 1969: reform. R.C.1
The Public Health Committee by Act dated 4th December 1991 presented to the States a report on the proposals to reform the Mental Health (Jersey) Law 1969.
THE STATES ordered that the said report be printed and distributed.
Welfare benefit: revised rates from 7th January 1992. R.C.2
The Finance and Economics Committee by Act dated 13th January 1992, presented to the States a
report setting out the revised rates of welfare
benefit from 7th January 1992.
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 13th January 1992, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Education
C o m mittee, the lease from the Rector of t h e Parish of St. Saviour , for and on
b e h alf of the said Parish, of
a p p roximately 13 vergées of land, known a s t he Glebeland, St. Saviour, for a
f u rt her period of three years,
c o m mencing 1st January 1992, at an
a n n ual rent of £1,950;
( b) as recommended by the Harbours and
A ir port Committee, the lease to Airport
G ar age Limited of 910 square feet of
a c c ommodation on the ground floor of
A la res House (Letting No. B4A) for a
p e r iod of three years and two months
f ro m 1st November 1991 to 31st December 1 9 9 4 with an option to extend by a
f u rt her two years to 31st December
1 9 9 6, at an annual rent of £10,000 to b e r eviewed on the 1st January 1993 and s u b sequently on 1st January of
s u c ceeding years in line with the
J e rs ey Retail Price Index;
( c) as recommended by the Defence
C o m mittee, the lease from Mr. John
H am on of the two-bedroomed bungalow P e tit Vermont'. Woodbines Corner, La
R o u te des Genets, St. Brelade , to
a c c ommodate an officer of the
T e r ritorial Army, for a period of three
y e a rs commencing 9th December 1991, at a n a nnual rent of £10,400, with annual
r e n t reviews in line with the Jersey
C o s t of Living Index;
( d) as recommended by the Public
S e r vices Committee, the purchase from J e n net Limited of 520 square feet of
l a nd in Field 460, St. Peter for a
c o n sideration of £520 with the
C o m mittee being responsible for all the l e ga l costs and the cost of the
a c c ommodation works involved;
( e) as recommended by the Public
H ea lth Committee, the renewal of the
l e as e from Mrs. Anne Dorothy Taylor , n é e Brooksbank, of the two-bedroomed p r o perty La Cachette, Route de
C a t illon, Grouville , for a period of
o n e year from 8th December 1991 at a
w ee kly rent of £170.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Agricultural Land (Control
o f S ales and Leases) (Amendment No. 3)
( J er sey) Law 199 P.2/92
P r e sented by the Agriculture and
F i s heries Committee.
2 . Projet de Loi (199 )
( A m endement) sur la Location de Bien- F o n ds P.3/92
P r e sented by the Agriculture and
F i s heries Committee
3 . Draft Companies (Purchase Of Own S h a res) (Jersey) Regulations 199
P . 4 /92
P r e sented by the Finance and E c o nomics Committee
4 . Draft Companies (Transitional
P r o visions) (Jersey) Regulations 199 P . 5 /92
P r e sented by the Finance and
E c o nomics Committee
5 . Draft Companies (Amendment) ( J er sey) Law 199 P.6/92
P r e sented by the Finance and
E c o nomics Committee
The following subject was lodged on 31st December 1991 -
M ental Health (Jersey) Law 1969:
r eform P.200/91
P resented by the Public Health Committee
The following subject was lodged on 7th January 1992 -
L ong Beach and Puerto Seco,
G rouville: development P.1/92
P resented by Deputy A.P. Bree of Grouville .
Arrangement of Public Business for the present Sitting
THE STATES confirmed that the following subjects lodged au Greffe should be considered at the present Sitting -
S o c ial Security contributions: removal
o f m arried woman's option P.117/91 L o d ged: 6th August 1991
S o c ial Security Committee
L o t tery profits P.180/91
L o d ged: 3rd December 1991 G am bling Control Committee
L o t tery profits: amendment P . 1 93/91
L o d ged: 3rd December 1991 S e n ator N.L. Quérée
D ra ft Terms of Employment
( J er sey) Regulations 199 P.189/91 L o d ged: 3rd December 1991
I n d ustrial Relations Committee
T h e Broadcasting Act 1990
( J er sey) (No. 2) Order 1991: a m e ndment P.195/91
L o d ged: 10th December 1991 S e n ator R.J. Shenton
E l iz abeth and Mont Orgueil
C a s tles: Deed of Arrangement P.197/91 L o d ged: 17th December 1991
P u b lic Services Committee
L o n g Beach and Puerto Seco, G ro uville: development P.1/92 L o d ged: 7th January 1992
D ep uty A. P. Bree of Grouville
Arrangement of Public Business for the next Sitting on 4th February 1992
THE STATES confirmed that the following subjects lodged au Greffe should be considered at the
next Sitting on 4th February 1992 -
D raft Agricultural Land (Control of Sales
a nd Leases) (Amendment No. 3) (Jersey) Law 1 99 P.2/92
A griculture and Fisheries Committee
P rojet de Loi (199 ) (Amendement) sur l a Location de Bien-Fonds P.3/92
A griculture and Fisheries Committee
D raft Companies (Purchase Of Own
S hares) (Jersey) Regulations 199 P.4/92 F inance and Economics Committee
D raft Companies (Transitional
P rovisions) (Jersey) Regulations 199 P .5/92
F inance and Economics Committee
D raft Companies (Amendment) (Jersey) L aw 199 P.6/92
F inance and Economics Committee
G olf course, Les Creux, St. Brelade P .101/91
L odged: 18th June 1991
F inance and Economics Committee
G olf Course, Les Creux, St. Brelade: p urchase and lease of land P.187/91 L odged: 3rd December 1991
S port, Leisure and
R ecreation Committee
Dégrèvements. Questions and answers (Tape No. 121)
Senator Richard Joseph Shenton asked Deputy Edgar John Becquet of Trinity , President of the Legislation Committee the following questions -
1. W ill the President inform the
S ta t e s whether his Committee had g iv e n any consideration since I
la s t a s ked questions on this
su b j e c t in 1989 to the possibility
o f re p l acing the existing
p ro c e d ure known as dégrèvement' w i th a procedure that would be
fa i re r a nd more in keeping with
th e ci r cumstances of the 1990s?
2 . If the answer to question one is in the n e g ative, will the President give an
a s s urance that the matter will now be e x a mined without delay?''
The President of the Legislation Committee replied as follows -
In 1989 when Senator Shenton asked me
w hen the existing procedure known as
dégrèvement' would be replaced by a more
j ust form of procedure I advised the House
t hat the matter was being considered by the
F inance and Economics Committee during its d rafting of the Bankruptcy Law.
T hat Law is now on the Statute Book
a nd there is provision within it for a
d ebtor to avoid the taking over by a
c reditor of his property in which there is s ome equity and so preserving for the
d ebtor the benefit of such equity.
T his Law is, of course, in its infancy and I understand that there may be some
d ifficulty in its implementation insofar as r eal property is concerned. This is a
m atter which has recently been brought to t he attention of the Legislation Committee a nd which we are now examining.''
Special needs education. Questions and answers (Tape No. 121)
Senator Richard Joseph Shenton asked the Connétable of St. Lawrence, President of the Education Committee, the following questions -
1. W ill the President inform the
H o u s e as to the number of hearing im p a ir ed children presently being ed u c a t ed in Jersey?
2 . Will the President inform the House as t o t he number of professionally
q u a lified hearing impaired teachers
e m p loyed by the Committee?
3 . Will the President explain why a
r e ti red H.M. Inspector has been
s e le cted for assessment of the hearing i m p aired service?
4 . Will the President inform the House as
t o t he number of special needs
p e r sonnel employed by the Committee and t h ei r particular qualifications?''
The President of the Education Committee replied as follows -
1. T here are a number of children in
th e Is l and who require some
as s i st a nce because of hearing
lo s s . S ome are more severe than
o th e r s.
T h e re are 20 primary school children a n d 32 at secondary schools and in
f u rt her education. These children have h e a ring losses that are not severe and t h ey can, with the help of an aid
b e n efit from mainstream education
w it hout specialist support. However, a l l schools have special needs teachers t o g ive assistance from time to time
w h ere necessary and the children are
r e g ularly monitored by the audiologist w h o is also a trained teacher of the
d e a f.
O th er children have severe losses and n e e d specialist support by a team of p r o fessionals including educational
p s y chologists, speech therapists,
s p e cial needs teachers and their l e ar ning programme needs to be m o nitored by a teacher of the deaf.
T h e present numbers are:
N u r se r y and Primary 7 and S e co n d ary 7.
2 . The Committee employs one teacher of t h e deaf for nursery and primary and
t h is was increased to two when the
C o m mittee decided to set up a new unit a t G rouville School. The second post
w il l be appointed later this month. The
C o m mittee also employs one teacher of t h e deaf at Grainville School for
s e c ondary children. Submission has been m ad e to and approved by the
E s t ablishment Committee for an
a d d itional 1.4 teachers and 0.82
a n c illary assistance.
W h ilst I am happy to give such figures t h ey have little relevance in the all
r o u nd care of these children since, as
I h a ve already explained, such children n e e d a team of professional people to s u p port them including special needs
t e ac hers who are specially trained and a p p ropriately qualified.
I n a ddition to these numbers there are
t w o part-time teachers to support
h e a ring impaired children as
r e co mmended by HMI Howard Williams at t h e last review in 1987. The
a u d iologist is also a trained teacher
o f t he deaf and in most United Kingdom
s e rv ices these tasks are carried out by
t h e teacher in the classroom.
I n h er draft report to my Committee,
M r s Olive Whittingham, who needs no i n tr oduction to those who have
k n o wledge of the needs of children with h e a ring impairment, commented on the l e ve ls of staffing, before the
a d d itions to staff were agreed by the
E s t ablishment Committee that
t h ese staffing ratios are
a c c eptable and when other input is
i n cl uded they may be regarded as
g e n erous''. I believe that with
t h e addition of the posts recently
a p p roved by Establishment that the
l e ve ls can be regarded as very
g e n erous.
3 . Mrs. Whittingham who was recommended by H er Majesty's Inspectorate as being the
p e r son most suitable to carry out such
a r e view.
F o r the benefit of those who are not
f a m iliar with the national service I am h a p py to outline why HMI found her so a p p ropriate.
M r s Olive Whittingham is a qualified
t e ac her of the deaf. She started her
c a re er in a mainstream school, was a
t e ac her of the deaf and then became
H ea d of Service. She was for fifteen
y e a rs H.M. Inspector with special
r e sp onsibility for monitoring the
n a ti onal provision for hearing impaired p u p ils. In this capacity she has made
v i si ts to most of the schools and units w it h hearing impaired pupils, to
i n st itutions where teachers of the deaf a r e trained and to local education
a u th orities. Reports on all visits were m ad e to the Secretary of State.
M r s. Whittingham is also a qualified
c o u nsellor and psychotherapist and has a M asters degree in Psychology.
I c a nnot think of anybody who is
e m i nently more suitable to examine and a d v ise on the service in Jersey.
4 . This I am particularly proud, Sir, to d o since Jersey can boast one of the
f in e st services for those children who h a v e special needs of one sort or
a n o ther including children with
p h y sical disabilities, children with
m o derate and severe learning
d i ff iculties, with emotional
d i ff iculties and with hearing
i m p airment.
T h e Committee has a proud record of i n te gration of such children into
m ai nstream schools even before the W a rnock report and believes that with a p p ropriate support children should be e d u cated as far as possible with other c h il dren and not isolated in special
sc h ools. After all children will need
t o i ntegrate fully with their peers w h en they move into adulthood and take u p their places in the community.
J e rs ey has a fine record of doing just
t h at and may I make reference to the
w o rk done by various voluntary bodies w h ich assist us in this way. There
w il l, of course, always be children for
w h om segregated provision is
u n a voidable.
I n o rder to carry out the integration
p o l icy all States primary schools have a m ember of staff who is designated as r e sp onsible for special needs and all
s e c ondary schools have a minimum of t h re e teachers who have this
r e sp onsibility. In addition there are
s p e cial schools and units such as Mont à l 'A bbé, the Language Unit, St. James C e n tre and Les Chenes.
T h e staffing establishment for special e d u cation is -
3 4 .1 te achers and 15.6 school as s i st a nts
I n f urther education there are 8.16
l e ct urers working with students with s p e cial needs.
T h e re are 56 teachers both full-time a n d part-time in mainstream schools.
O n the training of such teachers the r e co rd is impressive -
D u ring 1980 to 1985 the Committee set u p a training course in special needs
l e ad ing to a Diploma in Special
E d u cational Needs.The course was run l o ca lly and supported by a number of U n ited Kingdom universities. 43
t e ac hers achieved the qualification.
I n 1 989 the Committee approved, as part
o f i ts action plan for special needs,
a n a mbitious new training approach. A m o dular course was organised with
E x e ter University to provide basic and
a d v anced qualifications for
P r o fessional Studies in Special
E d u cation which would lead to further
s tu d y with the final qualification of
B a c helor of Philosophy or Master of
S c i ence. At present 65 teachers have c o m pleted the Basic Qualification, 22 h a v e been awarded the Advanced
C e r tificate and are registered for the B . P hil. degree/M.Sc. course.
O f all 98.8 teachers in post both in
s c h ools as special needs teachers and i n s eparate provision and unit, 30 have A d vanced Certificates and 45 Basic
C e r tificates.
S ir, I suggest that Jersey's service
f o r children with special needs will s ta n d comparison with any on the
m ai nland. Of course, we must not be c o m placent and seek all the time to i m p rove standards.
I a m grateful for the opportunity for
S t a tes' Members to know of the
e x c ellent special needs provision in
t h e Island and I would be happy for any S t a tes' Member to visit schools to see
f o r themselves.''
Disease free status of Jersey cattle. Statement
The President of the Agriculture and Fisheries Committee made a statement in the following terms -
Members will recall that in the
A griculture and Fisheries Committee's 1991 b udget there was inscribed a sum of money t o undertake an all Island cattle test.
T his test was completed in the autumn of 1 991 and the results forwarded to the
U nited Kingdom Ministry of Agriculture, F isheries and Food. I am pleased to tell
t he House that the Ministry's Chief
V eterinary Officer has confirmed the
v alidity of the test results and the Island
i s now officially free of E.B.L. (Enzootic B ovine Leucosis) as well as Tuberculosis a nd Brucellosis both of which were the
s ubject of a previous all Island cattle
t est.
E stablishing the disease free status of the I sland's cattle population is a vital
f actor in maintaining the purity of the
I sland herd and ensuring the well-being of t he dairy industry.
T he Agriculture and Fisheries Committee has r equested that not only are members made
a ware of the results of the test but the
G reffier of the States be asked to inform
t he Bailiff who in turn, it is hoped, would
e nsure that this information was relayed
t hrough the appropriate channels to the
C ommission of the E.C. in Brussels in order t hat the Standing Veterinary Committee can d eclare us a regional free zone for
T uberculosis, Brucellosis and E.B.L.''
North Telephone Exchange, St. John: transfer of administration
THE STATES, adopting a proposition of the Defence Committee approved the transfer of administration from the Defence Committee to the Public Health Committee of the North Telephone Exchange, St. John.
Social Security contributions: removal of married woman's option. P.117/91
THE STATES adopting a proposition of the Social Security Committee -
( a) agreed that the married woman's option n o t to pay contributions when gainfully
e m p loyed be removed on the basis of the r e p ort of the Committee, dated 30th
J u ly 1991;
( b) agreed that the Social Security
C o m mittee be charged to present draft l e gi slation to bring about this change i n t he provisions of the Social
S e c urity (Jersey) Law 1974.
Lottery profits P.180/91
Lottery profits (P.180/91): amendment. P.193/91
THE STATES commenced consideration of a proposition of the Gambling Control Committee regarding the distribution of lottery profits.
THE STATES, having rejected an amendment of Senator Nigel Lewis Quérée that for paragraph (c) there should be substituted the following paragraph -
(c) after the costs in (b) have been
re p a i d to the capital fund, to
m a k e a vailable to voluntary
as s o c ia tions grants for the
p u rc h a se or maintenance of
p ro p e r ty or for the construction
o f n e w buildings, with the proviso t h a t no single grant be more than
o n e- q u arter of the annual sum
av a i la b le; the allocation of
g ra n t s to be decided by the
P re s i d ent of the Gambling Control C o m m ittee, the President of the
F in a n c e and Economics Committee an d t h e Treasurer of the States.''
adopted the proposition and -
( a) agreed to pay to the Association of
J e rs ey Charities the lottery profits
f ro m the Summer Bumper' Draw and the C h r istmas Bumper' Draw for the benefit
o f t he community and the charitable
n e e ds of the Island;
( b) agreed to set aside the remainder of
t h e lottery profits to offset
d e v elopment costs still outstanding for t h e Rotunda (now known as Queen's
H al l'), Fort Regent;
( c) agreed that after the costs in (b) have
b e e n repaid to the capital fund, to
a p p ly the balance of the lottery
p r o fits towards the funding of approved p r o jects to be identified by the Sport,
L e i sure and Recreation Committee in a S t ra tegic Plan;
( d) agreed to review the arrangements set
o u t after a period of five years;
( e) agreed to rescind their Act of 4th N o vember 1986.
Terms of Employment (Jersey) Regulations 1991. P.189/92
THE STATES commenced consideration of the draft Terms of Employment (Jersey) Regulations 199 (lodged on 3rd December 1991) and adopted the preamble and Regulation 1.
Regulation 2 was adopted, the States having accepted an amendment of Senator Antony Beresford Chinn that after clause (iv) of sub- paragraph (j) of paragraph (2) there should be
inserted the following clause.
(v) redundancy.''
Regulations 3 to 7 were adopted.
THE STATES, by virtue and in exercise of the powers conferred upon them by the Order in Council of the twenty-eighth day of March 1771, made Regulations entitled the Terms of Employment (Jersey) Regulations 1992.
Elizabeth and Mont Orgueil Castles: Deed of Arrangement. P.197/91
THE STATES, adopting a proposition of the Public Services Committee -
( a) agreed to enter into a Deed of
A rr angement with the Crown varying the t e rm s of the Agreements whereby the
p u b lic are granted perpetual usufructs
o f E lizabeth Castle and Mont Orgueil
C a s tle;
( b) agreed to authorise the Solicitor
G en eral and the Greffier of the States t o p ass the necessary contracts.
The Broadcasting Act (1990) (Jersey) (No. 2) Order 1991: amendment. P.195/91
THE STATES, adopting a proposition of Senator Richard Joseph Shenton requested the
Broadcasting Committee to amend The Broadcasting Act 1990 (Jersey) (No. 2) Order 1991 to reduce
the permissible maximum media ownership in a Jersey Independent local radio station from 20
per cent to five per cent.
Senator John Stephen Rothwell, Senator Corrie Stein and Frank Harris on Walker , Deputy of St. Helier, declared a financial interest and
withdrew from the Chamber prior to consideration of the proposition.
Robin Ernest Richard Rumboll, Deputy of St. Helier was not present during the afternoon Sitting.
Long Beach and Puerto Seco, Grouville : development. P.1/92
THE STATES, adopting a proposition of Deputy Alan Payn Bree of Grouville agreed to request the Island Development Committee -
( a) to reconsider the recent application
t o demolish existing buildings,
c o n struct 12 two-bedroom flats and two
o n e -bedroom flats with parking for 31
c a rs '' at Long Beach, La Rue à Don, and P u e rto Seco, La Rue à Don, Grouville ;
( b) specifically to limit the height of the
d e v elopment to two storeys and maintain t h e sea view across the site; and
( c) to report thereon to the States as soon a s p ossible.
Members present voted on paragraph (a) as follows -
P o u r'' (29)
Senators
S henton, Jeune , Binnington, Baal, Rothwell, L e Main, Le Maistre, Carter, Stein, Quérée, C hinn.
Connétable s
S t. Peter, St. Clement, St. Lawrence, St. M ary, St. Brelade , St. Martin.
Deputies
W avell(S), Blampied(H), St. Ouen ,
C outanche(L), Jordan(B), Bailhache (H),
B audains(H), Grouville , Le Fondré(L), St. M artin; Le Geyt(S), Syvret(H).
C o n tr e'' (17)
Senator
H orsfall.
Connétable s
S t. John, St. Helier , St. Ouen, Trinity , G rouville.
Deputies
L e Gallais(S), Roche(S), Trinity , St. John, S t. Peter, Baudains(C), Le Sueur(H),
H uelin(B), Clarke-Halifax(S), Walker (H), C respel(H).
Tourism Committee: appointment of President
There were nominated for appointment as President of the Tourism Committee -
S enator Richard Joseph Shenton - proposed b y Senator Dereck André Carter
F rank Harris on Walker , Deputy of St.
H elier - proposed by Senator Bernard Thomas B innington.
THE STATES having proceeded to a secret ballot, the Bailiff declared that Senator Richard Joseph Shenton had been elected as President of the Tourism Committee.
The result of the ballot was as follows -
S enator Shenton - 24 votes D eputy Walker - 21 votes.
Tourism Committee: appointment of Members
THE STATES, on the proposition of Senator Richard Joseph Shenton, President of the Tourism Committee, appointed the following as members -
S enator Jean Amy Le Maistre
S enator Dereck André Carter
F rank Harris on Walker , Deputy of St. H elier.
Finance and Economics Committee: resignation of Member
THE STATES noted the resignation of Senator Jean Amy Le Maistre from the Finance and Economics Committee.
THE STATES rose at 5.35 p.m.
G re f fi e r o f the States.