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STATES MINUTES 2 8 t h A p ri l 1992 P ri c e : £ 1 . 0 0
T HE STATES assembled on Tuesday, 2 8th April 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 Antony Beresford Chinn - out of the I sland.
R obin Ernest Richard Rumboll, Deputy of St. H elier - out of the Island.
R onald Winter Blampied, Deputy of St.
H elier - ill.
T erence Augustine Le Sueur, Deputy of St.
H elier - absent.
_ _ _ _ _ _ ______
P r a y e rs
_ _ _ _ _ _ ______
Greffier of the States, R.S. Gray, Esq. - retirement
The Bailiff , on behalf of the Assembly, paid tribute to the service given by the Greffier of the States, Mr. Ronald Stanley Gray, to the States and the people of the Island during his long term of office, especially as Deputy Greffier and then as Greffier during the last 21 years.
Subordinate legislation tabled
The following enactment was laid before the States, namely -
M iscellaneous Diseases of Animals
( Amendment) (Jersey) Order 1992. R & O 8 378.
Annual Accounts of the States of Jersey for 1991
The Finance and Economics Committee by Act dated 6th April 1992, and in pursuance of
Article 21(3) of the Public Finances (Administration) (Jersey) Law 1967, as amended, presented to the States the annual accounts of
the States of Jersey for the financial year
ended 31st December 1991.
THE STATES ordered that the said accounts be printed and distributed.
Social Security report and accounts 1990/91
The Social Security Committee by Act dated 5th February 1992 presented to the States its report and statement of accounts for the year ended 30th September 1991.
THE STATES ordered that the said report and statement of accounts be printed and distributed.
Telecommunications Board report 1991
The Telecommunications Board by Act dated 24th April 1992 presented to the States a report for
the year 1991.
THE STATES ordered that the said report be printed and distributed.
Prison Board report 1991. R.C.15
The Prison Board by Act dated 30th March 1992 presented to the States the report of the Board for 1991.
THE STATES ordered that the said report be printed and distributed.
Public Employees Contributory Retirement Scheme: Actuarial valuation as at 31st December 1989. R.C.16
The Establishment Committee by Act dated 27th April 1992 presented to the States a report on the actuarial valuation as at 31st December 1989 of the Public Employees Contributory Retirement Scheme.
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 15th April 1992, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Harbours and
A ir port Committee, the assignment of
t h e lease from Huelin Renouf Air
F r e ight Limited of 256.60 square feet
o f o ffice accommodation on the first
f lo o r of the Airport Freight Terminal
( L e tting No. B131) to Channel Islands
T o u rist Services (Jersey) Limited from
1 s t April 1992 to 31st December 1993 at a n a nnual rent of £1,885.27, subject to
r e v iew in line with the Jersey Cost of
L i v ing Index on 1st January 1993;
( b) as recommended by the Harbours and A ir port Committee, the lease to Huelin R e n ouf Air Freight Limited of an area
o f 2 56.60 square feet of office
a c c ommodation on the first floor of the A ir port Freight Terminal (Letting No.
B 1 3 2) from 1st April 1992 to 31st
D ec ember 1993 at an annual rent of
£1 , 885.27, subject to review in line
w it h the Jersey Cost of Living Index on 1 s t January 1993;
( c) as recommended by the Harbours and
A ir port Committee, the assignment of
t h e lease of the land occupied by the
H u ngry Man Kiosk at Rozel by Mr. John B r e wster to Mrs. Marjory Janet Brooker, n é e Davis, with effect from 10th April
1 9 9 2, on the same terms and conditions;
( d) as recommended by the Committee for
P o s tal Administration, the lease from
L e Riches Stores Limited of 283 square
f e et of accommodation at Red Houses,
S t . Brelade for Les Quennevais Sub Post O ff ice for a period of eight years and
e l ev en months commencing 29th October 1 9 9 1, with a right to terminate subject
t o 1 2 months' notice which could not be
g i v en prior to 29th September 1996 or,
i f a n earlier date, by mutual
a g r eement, at an annual rent of £5,660
w it h rent reviews in line with the
J e rs ey Cost of Living Index on 29th
S e p tember 1994 and 29th September 1997.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Sea-Fisheries
( M iscellaneous Provisions) (Amendment N o . 5) (Jersey) Regulations 199
P . 5 5/92.
P r e sented by the Agriculture and
F i s heries Committee.
2 . Draft Sea-Fisheries (Size
L i m its) (Amendment No. 4) (Jersey) R e g ulations 199 P.56/92.
P r e sented by the Agriculture and
F i s heries Committee.
3 . Draft Policing of Roads
( A m endment No. 4) (Jersey) Regulations 1 9 9 P.57/92.
P r e sented by the Defence
C o m mittee.
4 . Draft Policing of Parks
( A m endment No. 8) (Jersey) Regulations 1 9 9 P.58/92.
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.59/92.
P r e sented by the Tourism
C o m mittee.
6 . West of Albert Pier:
c o n struction of yacht marina -
am e ndment P.60/92.
P r e sented by Senator Nigel Lewis Q u érée.
7 . Jersey Gas Company Limited:
p r o tection of public interest P.61/92. P r e sented by Senator Richard
J o s eph Shenton and referred to the
P o l icy and Resources Committee.
8. Advocates (Jersey) Law 1968, as
a m e nded - University of Caen: request t o L egislation Committee P.62/92.
P r e sented by Senator Richard
J o s eph Shenton.
The following subject was lodged on 21st April 1992 -
W est of Albert Pier: construction of y acht marina P.54/92.
P resented by the Harbours and
A irport Committee.
10/16 Hill Street, St. Helier: supplementary vote of credit. P.72/91 Withdrawn
THE STATES noted that in pursuance of Standing Order 17(6) the following subject, which was lodged au Greffe'', had been withdrawn -
1 0/16 Hill Street, St. Helier:
s upplementary vote of credit P.72/91. L odged: 23rd April 1991.
F inance and Economics Committee.
Draft Policing of Parks (Amendment No. 8) (Jersey) Regulations 199 . P.15/92. Withdrawn
THE STATES noted that the President of the Public Services Committee had withdrawn the draft Policing of Parks (Amendment No. 8) (Jersey) Regulations 199 (lodged on 18th February 1992) revised draft Regulations having been lodged at the present Sitting (P.58/92).
Draft Policing of Beaches (Amendment No. 8) (Jersey) Regulations 199 . P.16/92. Withdrawn
THE STATES noted that the President of the Tourism Committee had withdrawn the draft Policing of Beaches (Amendment No. 8) (Jersey) Regulations 199 (lodged on 18th February 1992), revised Regulations having been lodged at the present Sitting (P.59/92).
Arrangement of Public Business for the next Sitting on 12th May 1992
THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the
next Sitting on 12th May 1992 -
D raft Banking Business (Amendment) (Jersey) L aw 199 P.48/92
L odged: 14th April 1992
F inance and Economics Committee
D raft Regulation of Undertakings and
D evelopment (Amendment No. 5) (Jersey) Law 1 99 P.49/92
L odged: 14th April 1992
F inance and Economics Committee
D raft Regulation of Undertakings and
D evelopment (Amendment No. 5) (Jersey) R egulations 199 P.50/92
L odged: 14th April 1992
F inance and Economics Committee
D raft Collective Investment Funds
( Recognized Funds) (Compensation for
I nvestors) (Amendment) (Jersey) Regulations 1 99 P.51/92
L odged: 14th April 1992
F inance and Economics Committee
D raft Sea-Fisheries (Miscellaneous
P rovisions) (Amendment No. 5) (Jersey) R egulations 199 P.55/92
L odged: 28th April 1992
A griculture and Fisheries Committee
D raft Sea-Fisheries (Size Limits)
( Amendment No. 4) (Jersey) Regulations 1 99 P.56/92
L odged: 28th April 1992
A griculture and Fisheries Committee
D raft Policing of Roads (Amendment
N o. 4) (Jersey) Regulations 199 P.57/92 L odged: 28th April 1992
D efence Committee
D raft Policing of Parks (Amendment
N o. 8) (Jersey) Regulations 199 P.58/92 L odged: 28th April 1992
P ublic Services Committee
D raft Policing of Beaches (Amendment N o. 8) (Jersey) Regulations 199 P.59/92 L odged: 28th April 1992
T ourism Committee.
Advocates Law: amendment. Statement
The President of the Legislation Committee made
a statement in the following terms -
As was made very clear when the House was c onsidering the introduction of the Caen
r equirement as long ago as 1989 the legal
p rofession is not united about the merits
o f attendance at Caen University. Almost
a ll lawyers are however agreed that the
N orman origins of our law are an important
p art of our heritage and of our legal
s ystem, and that students should have a
t horough grounding of knowledge of Jersey
C ustomary Law. It is only in the means to
a chieve that end that there is
d isagreement. My Committee accepted the
u nanimous recommendation of the working
p arty of advocates and solicitors chaired
b y the Attorney General that students
s hould be required to obtain, as in
G uernsey, the Certificat d'Etudes
J uridiques Françaises et Normandes. A
n umber of other suggestions have however
r ecently been made by individual lawyers
o ne of which is that local lawyers should
t hemselves provide a regular series of
l ectures for the benefit of students. My
C ommittee considers, in the light of the
s trong feelings expressed by some members
o f the legal profession, that these other
o ptions should be examined carefully before
t he House is asked to consider any further
a mendment to the Advocates Law. My
C ommittee will therefore hold discussions
w ith the Law Society, the University of
C aen and any other interested parties so as
t o conduct a review of the requirement
i ntroduced in 1989.
A s a matter of courtesy, to put it at its
l owest it seems to my Committee that the U niversity with which the Island made an a greement some time ago, should be
c onsulted before any precipitate action is t aken.
I accordingly propose to defer the debate
o n my Committee's proposition and I have g iven notice to the Greffier accordingly.
A s soon as my Committee has had the
o pportunity to conduct the review to which I have referred I shall report fully to the
H ouse which will then have the opportunity t o debate these interesting but complicated i ssues.''
Draft Advocates (Amendment No. 3) (Jersey) Law 199 P.43/92. Deferred
THE STATES acceded to the request of the President of the Legislation Committee that consideration of the draft Advocates (Amendment No. 3) (Jersey) Law 199 (lodged on 31st March 1992 be deferred from the present Sitting.
Supplementary and additional votes of credit
THE STATES considered an Act of the Finance and Economics Committee dated
15th April 1992, presenting Acts of the undermentioned Committees and, acceding to the requests contained therein, granted to the said Committees supplementary votes of credit out of the general reserve as follows -
£ Finance and Economics Committee
Crown Officers' Department
0 311 Staff 1 6 0 , 6 0 0
Judicial Greffe
0 322 Premises 3 2 , 5 0 0 0 325 Establishment 1 4 ,1 0 0
Viscount's Department
0 337 Désastre - investigation expenses 2 5 , 0 0 0
Probation
0 351 Staff 1 0 ,3 0 0
0 352 Premises 5 0 0 0 354 Transport 2 0 0
Official Analyst's Department
0 383 Supplies and services 2 0 ,000
States' Treasury
0 411 Staff 2 8 ,0 0 0 0 412 Premises 1 4 , 0 0 0
Commercial Relations
0 433 Supplies and services 7 0 ,000
T o t a l request £ 3 7 5 ,200
£ Defence Committee
Motor Traffic Office
1 130 School Transport System 9 , 300
Police
1 201 Staff 1 5 , 5 00
1 205 Establishment 7 2 ,7 0 0
T o t a l request 9 7 ,5 0 0 Education Committee
Vocational and non-vocational education 2 701 Teaching staff 1 8 5 ,1 0 0
2 705 School supplies 2 2 7 , 2 00
Special Education
2 801 Teaching staff 2 2 , 8 0 0
2 802 Non-teaching staff 8 ,6 0 0
2 806 Handicapped children 1 5 5,000
Advisory Training Council
3 020 Advisory training council 78,300
Structural maintenance
3 096 General maintenance and emergencies 1 0 0 , 0 0 0 L e S q uez school temporary classroom
4 8 ,2 0 0
T o t a l request £ 8 2 5 ,200 Public Health Committee
Grants - Community Care Services
3 219A Les Amis £ 1 4 0 , 0 0 0
£ Occupation and Liberation Committee
6 701 General expenses £ 2 5 ,000
CAPITAL VOTES OF CREDIT
Public Services Committee
C 0458 Sludge treatment plant £333,000
Public Health Committee
General and Acute
C 0622 Phase I Hospital development 42,000 C 02725 Phase III - Ward upgrading 148,000
Mental Health Services
C 0632 St. Saviour 's Hospital - upgrading 2 5 ,7 0 0
T o t a l request £ 2 1 5 ,700 Housing Committee
C 1103 Building, purchase
a n d
re h a bilitation of dwellings £915,0 0 0
THE STATES noted that the following inflation and pay award requests had been approved by the Finance and Economics Committee on 6th April 1992 -
£ REVENUE
Finance and Economics Committee
Crown Officers' Department
0 311 Staff 4 , 1 0 0
£ Defence Committee
Motor Traffic Office
1 129 Concessionary bus fares 3 ,100
Education Committee
General educational services
3 103 Insurance 3 5 ,1 0 0
CAPITAL
Finance and Economics Committee
C 0036 Currency sorting system 14,800 Education Committee
C 2537 Mont-à-l'Abbé school extension 56, 1 0 0
Housing Committee
C 1103 Building, purchase
a n d
r e h a b ilitation of dwellings 2,362,
8 0 0
The total requests granted for the April Supply Day amounted to £5,402,600.
Control of Public Entertainment Panel: appointment
THE STATES, adopting a proposition of the Education Committee approved the appointment of members to the Panel for the Control of Public Entertainment, as follows -
M rs. E. Pullin, Chairman M r. I. Dove
M r. G. Crosby
M r. J. Rotherham
M rs. E. Dix
M rs. M. Labey
M rs. P. Pallot
M r. N. Moore
T he Reverend C. Hough M rs. S. Charles
M rs. M. Herniman
M r. C. Henderson.
Field 528, St. John: sale
THE STATES, adopting a proposition of the Island Development Committee -
( a) approved the sale by the public of the I s la nd to the Parish of St. John of
F i e ld 528, La Rue de la Mare Ballam,
S t . John, measuring approximately 2.53 v e r gées required in connexion with the S t . John's village development Phase II i n c onsideration of the following
p a y ments by the parish to the public -
( i) the sum of £294,840 on the passing
o f t h e contract between the public
an d t h e parish;
( ii ) interest amounting to £45,680
ca l c u la ted on the sum paid by the S ta t e s to the vendor for the
p er i o d to the end of April 1992;
( ii i) legal and other costs and
d is b u r se m ents incurred by the p u b li c a m ounting to £10,000 in co n n e x i o n with the acquisition an d s a le of the said land;
( b) authorised the Attorney General and the G re ffier of the States to pass the
n e c essary contract in the matter;
( c) authorised the Treasurer of the States t o r eceive the amounts specified in
p a r agraph (a) above.
La Rue Baal, La Moye, St. Brelade : transfer of administration
THE STATES, adopting a proposition of the Prison Board, agreed to transfer the administration of
La Rue Baal, La Moye, St. Brelade , from the Board to the Housing Committee.
Haut de la Garenne, St. Martin : redevelopment. P.30/92
THE STATES, having noted that Deputy Terence Ahier Jehan of St. Martin, had withdrawn an amendment proposing that in paragraph 1(b) for the words category A' housing''there should
be substituted the words sheltered housing'', adopted a proposition of the Housing Committee and -
1 . approved in principle the redevelopment j o in tly by the Education, Housing and
P u b lic Health Committees of Haut de la G ar enne, to provide -
( a ) a respite care home and other fa c i li ti es for the Education
C o m m ittee;
( b ) category A' housing;
( c ) a 20-bedroomed residential nursing h o m e with associated services and
st a ff a ccommodation for the Public H e a lt h Committee;
2 . agreed that the development should
c o n form to requirements set out in the
p l an ning and development brief approved b y the Island Development Committee on 1 3 t h April 1989, and amended by that
C o m mittee's Act No. 16 of 20th June
1 9 9 1.
Members present voted on paragraph 1(b) as follows -
P o u r' ' (26)
Senators
S henton, Binnington, Baal, Stein.
Connétable s
S t. Helier, St. Clement , St. Ouen, St. B relade, Trinity .
Deputies
L e Gallais(S), Roche(S), Wavell(S),
N orman(C), St. Peter, Buesnel(H), St. Ouen, S t. Mary, Bailhache (H), Rabet(H), S.
B audains(H), Grouville , Le Fondré(L), Le
G eyt(S), Walker (H), Syvret(H), Crespel(H).
C o n t r e'' (23)
Senators
J eune, Horsfall, Rothwell, Le Main, Le M aistre, Carter, Quérée.
Connétable s
S t. John, St. Peter , St. Lawrence, St.
M ary, St. Saviour , St. Martin, Grouville .
Deputies
T rinity, Beadle(B), St. John, H.
B audains(C), Coutanche(L), Huelin(B), J ordan(B), Clarke-Halifax(S), St. Martin.
Public Services Vehicles (Fees) (Amendment) (Jersey) Regulations 1992. P.47/92
THE STATES, in pursuance of Articles 19, 49A and 54 of the Motor Traffic (Jersey) Law 1935, as amended, made Regulations entitled the Public Service Vehicles (Fees) (Amendment) (Jersey) Regulations 1992.
Social Security Pension Scheme: extra benefits. P.53/92
THE STATES, adopting a proposition of the Social Security Committee, referred to their Act, dated 30th July 1991, and authorised the Social
Security Committee to make an Order under Article 52 of the Social Security (Jersey) Law 1974, which would allow some pension payments being made to certain beneficiaries, whether presently resident in Jersey or not, who have
lapses in their contribution records prior to
31st December 1969.
Field 748, St. Lawrence: development. P.38/92 THE STATES, adopting a proposition of Deputy Shirley Margaret Baudains of St. Helier , requested the Island Development Committee to reconsider its decision to allow the
construction of one bungalow on Field 748, La Rue de la Ville Emphrie, St. Lawrence, and instead to grant permission for the construction of two modest bungalows.
THE STATES rose at 3.30 p.m.
R . S . G R A Y G re f fi e r o f the States.