States Minutes 28th July 1992

STATES MINUTES 2 8 th Ju l y 1992

T HE STATES assembled on Tuesday, 2 8th July 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 -

S enator Nigel Lewis Quérée - out of the

 I sland

S nowdon George Robins, Connétable of St. S aviour - absent

M argaret Sylvia Rose Beadle, Deputy of St. B relade - out of the Island

T erence Augustine Le Sueur, Deputy of St. H elier - out of the Island

   H enri George Coutanche, Deputy of St.

L awrence - out of the Island.

_ _ _ _ _ _ ______

P r a yers read by the Bailiff _ _ _ _ _ _ ______

Deputy E.J. Becquet of Trinity - welcome

The Bailiff , on behalf of the States, welcomed Deputy Becquet on his return to the States after his recent illness.

Fred Philip Webber Clarke, Connétable of St. Helier

The President of the Assembly referred to the impending retirement of the Connétable of St. Helier and thanked him on behalf of the States for his services to the Assembly.

Snowdon George Robins, Connétable of St. Saviour

The President of the Assembly referred to the impending retirement of the Connétable of St. Saviour and thanked him on behalf of the States for his services to the Assembly.

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Island Planning (Designation of S i te s of Special Interest) (No. 3) ( J er sey) Order 1992 R & O 8409

 2 .  Battle of Flowers (Jersey) Order 1 9 9 2 R & O 8410

 3 .  St. Clement Fête (Jersey) Order 1 9 9 2 R & O 8411

 4 .  Gorey Fête (Jersey) Order 1992 R & O 8412

 5 .  Road Traffic (Public Parking

P l a ces) (Amendment No. 23) (Jersey) O  rd er 1992 R & O 8413

 6 .  Collective Investment Funds

( R e cognized Funds) (General Provisions) ( A m endment No. 7) (Jersey) Order 1992 R & O 8414

 7 .  Collective Investment Funds

( R e cognized Funds) (Permit Conditions f o r Functionaries) (Amendment No. 2) ( J er sey) Order 1992 R & O 8415.

States of Jersey Fire Service report for 1991

The Defence Committee by Act dated 16th July 1992, presented to the States a report on the administration of the States of Jersey Fire Service for the year 1991.

THE STATES ordered that the said report be printed and distributed.

Social Security Scheme

The Social Security Committee by Act dated 1st July 1992, presented to the States an Actuarial Review of the Social Security Scheme as at 30th September 1991.

THE STATES ordered that the said report be printed and distributed.

Regulation of Undertakings and Development Law: quarterly manpower returns. R.C.24

The Finance and Economics Committee by Act dated 6th July 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 31st March

1992.

THE STATES ordered that the said report be printed and distributed.

Criminal Injuries Compensation Board

The Defence Committee by Act dated 16th July 1992, presented to the States a report on the operation of the Criminal Injuries Compensation Board for the period 1st May 1991 to 30th April 1992.

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 6th and 20th July 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, with the support of the

I s la nd Development Committee, the

a c q uisition from Mybern Limited of the R o c heby Guest House, St. Saviour, for t h e sum of £275,000, with each party

b e in g responsible for the payment of

i ts o wn legal fees;

 ( b) as recommended by the Harbours and A  ir port Committee, the lease to Hi-

S p e ed Freight Limited of 950 square

f e et of office accommodation in the

A  ir port Freight Terminal for a period

o f t hree years with effect from 1st

A p ril 1992 at an annual rent of £6,669, w it h annual rent reviews;

 ( c) as recommended by the Harbours and A  ir port Committee, the lease to Hi-

S p e ed Freight Limited of 3,342 square f e et of  freight storage space in the

A  ir port Freight Terminal for a period

o f t hree years with effect from 1st

A  p ril 1992 at an annual rent of

£1 0 ,627.26, with annual rent reviews;

 ( d) as recommended by the Public

S e r vices Committee, the purchase from M  r . Henri Roger Albert Hervé and

M  r s.Nicole Hervé, née Bayard, of an

a r ea of land measuring 22 square feet

a t t he junction of La Grande Route de

S t . Martin and Rue du Trot, St.

S a v iour, for a consideration of £44,

w  it h the Committee being responsible

f o r the cost of all the necessary

a c c ommodation works and all legal fees;

 ( e) as recommended by the Public

S e r vices Committee, the acquisition

f ro m the Parish of St. Saviour of a

s h o rt section of wall, free of charge,

a t t he junction of La Grande Route de S t . Martin and Rue du Trot, St.

S a v iour, with the Committee being

r e sp onsible for all legal costs;

 ( f) as recommended by the Public

S e r vices Committee, the acquisition

f ro m the Parish of St. John of a strip

o f l and measuring approximately 75 x

0 . 8 metres, outside Maison Le Vesconte, L a Route du Nord, St. John, free of

c h a rge, with the Committee being

r e sp onsible for all legal costs

i n v olved in the transaction subject to

t h e wall foundation being at a

s a ti sfactory level;

 ( g) as recommended by the Public

S e r vices Committee, the purchase from C . L e Masurier Limited, of 150 square f e et of land at the Devonshire Hotel,

S t . Aubin's Road, St. Helier, for a c o n sideration of £10 with each side b e in g responsible for its own legal c o s ts;

 ( h) as recommended by the Public

S e r vices Committee, the sale to C. Le M  a surier Limited of 150 square feet of l a nd adjacent to the Devonshire Hotel, S t . Aubin's Road, St. Helier, for a

c o n sideration of £10 with each side

b e in g responsible for its own legal

c o s ts;

 ( i) as recommended by the Public

S e r vices Committee, the lease from the

T e n ants of le Fief de l'Abesse de Caen

o f 1 34.10 square metres of land on

C o m mon Land off La Rue des Vaux, St. M a rtin, from 28th December 1991 until 2 8 t h December 2072, for a consideration

o f £ 99;

 ( j) as recommended by the Harbours and

A  ir port Committee, the renewal of the

le a se to Mr. Ronald Alexander Kirk and M  r s. Elaine Sandra Kirk née Ward of St. C a t herine's Café, St. Martin, for a

f u rt her period of nine years from 7th

J u ly 1991, at an annual rent of

£1 0 ,871.50 for the first three years

a n d thereafter subject to annual review

i n l ine with the Jersey Cost of living

I n d ex;

 ( k) as recommended by the Public

H ea lth Committee, the renewal of the l e as es from Mr. Roy Huelin Vibert of t h e three-bedroomed properties Nos. 1 a n d 9 Baycroft Nurseries, St. Clement, f o r a period of three years with effect f ro m 1st July 1992, at an annual rent

o f £ 9,160 for each house, subject to

a n n ual reviews in line with the Jersey c o s t of living index;

 ( l) as recommended by the Public

H  ea lth Committee, the renewal of the

l e as e from Mr. Laurence John Goodall of t h e three-bedroomed bungalow Le

C h â telet, Wellington Hill, St. Saviour,

f o r a period of three years with effect

f ro m 1st August 1992 at an annual rent

o f £ 8,784.72;

( m) as recommended by the Housing C o m mittee, with the support of the

I s la nd Development Committee, the

p a s sing of a Contrat de Transaction

w  it h Mr. James Walls and Mrs. Nicole M  a rgaret Walls, née Le Signe, in

r e sp ect of drainage rights across

p u b lic land known as Le Jardin de

B e r tram, Gorey Village, together with a r ig h t of access for maintenance

p u r poses, with Mr. and Mrs. Walls being r e sp onsible for all legal fees;

 ( n) as recommended by the Housing

C o m mittee, with the support of the

I s la nd Development Committee, the sale t o t he Jersey Electricity Company

L i m ited of the site of a sub-station

a n d section pillar at Field 255, 255A

a n d 256, St. Clement for the sum of

£1 0 0, together with the granting of

w  ay leaves free of charge, with each

p a r ty being responsible for its own

l e ga l costs;

 ( o) as recommended by the Public

H  ea lth Committee, the lease from W.F. F i ll eul & Son Limited of the two-

b e d roomed flat at Ashbury, Plat Douet R o a d, St. Clement for a period of three y e a rs with effect from 24th June 1992 a t a n annual rent of £6,240, subject to

a n n ual increases in line with the

J e rs ey cost of living index;

 ( p) as recommended by the Public

H  ea lth Committee, the renewal of the

l e as e from Captain William Anderton of t h e studio flat at 44 Marina Court, St.

H  el ier, for a period of three years

w it h effect from 25th March 1992 at an a n n ual rent of £3,748.68, subject to

a n n ual reviews in line with the Jersey

c o s t of living index;

 ( q) as recommended by the Public

H  ea lth Committee, the lease from Mrs.

P a t ricia Mary Stone née Blampied of the t h re e-bedroomed property 12 The Parade, S t . Helier, for a period of three years

f ro m 25th June 1992 at an annual rent

o f £ 6,500 subject to annual reviews in

l in e with the Jersey cost of living

i n d ex;

 ( r) as recommended by the Public

H  ea lth Committee, the renewal of the l e as e from Bellman Properties Limited

f o r the four one-bedroomed flats at 53- 5 5 Bath Street, St. Helier , for a

p e r iod of one year with effect from 1st J u n e 1992 at an annual rent of £4,774 f o r each flat;

 ( s) as recommended by the Public

H  ea lth Committee, the renewal of the

l e as e from the Estate of the late Mrs.

F l o rence Boulter née Wallington, of the p r o perty Le Nid, Langley Avenue, St.

S a v iour, for a period of one year with

e f fe ct from 1st June 1992 at an annual r e n t of £7,219;

 ( t) as recommended by the Public

H  ea lth Committee, the renewal of the l e as e from Mrs. Lily May Stapley née G  le ndewar of Flat 2, The Anchorage, R o u te du Fort, St. Saviour , for a

p e r iod of one year with effect from 1st J u ly 1992, at an annual rent of £6,408.

Matter noted - financial transaction

THE STATES noted an Act of the Finance and Economics Committee dated 6th July 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 six tenders, namely that submitted by D.C. Allen Limited in the sum of £1,127,716 for the

extension of Mont à l'Abbé School.

Matters lodged

The following subjects were lodged au Greffe'' -

 1 .  Draft Police Force (Amendment

N  o . 5) (Jersey) Law 199  P.108/92 P r e sented by the Defence

C o m mittee

 2 .  Income tax: legislation P.109/92

P r e sented by Deputy M.C. Buesnel

o f S t. Helier

 3 .  Draft Health Insurance (Medical

B e n efit) (Amendment No. 40) (Jersey) R e g ulations 199  P.110/92

P r e sented by the Social Security

C o m mittee

 4 .  Official Analyst: appointment P . 1 11/92

P r e sented by the Finance and E c o nomics Committee

 5 .  Draft Protection of Employment

O  p portunities (Amendment) (Jersey) Law 1 9 9  P.112/92

P r e sented by Senator D.A.

C a r ter.

The following subjects were lodged au Greffe'' on 14th July 1992 -

 1 .  An Archives Service for Jersey P . 9 9/92

P r e sented by the Policy and

R e s ources Committee

 2 .  Draft Agriculture (Loans)

( A m endment No. 8) (Jersey) Regulations 1 9 9 P.100/92

P r e sented by the Agriculture and

F i s heries Committee

 3 .  La Motte Garages, La Rue à Don, G  ro uville: lease P.101/92

P r e sented by the Housing

C o m mittee

 4 .  24 Byron Lane and 25 Stopford

R o a d, St. Helier : approval of Drawings P . 1 02/92

P r e sented by the Housing

C o m mittee

 5 .  Le Bernage, Longueville, St.

S a v iour: approval of Drawings P.103/92 P r e sented by the Housing

C o m mittee

 6 .  Draft Judicial Fees (Amendment N  o . 3) (Jersey) Regulations 199

P . 1 04/92

P r e sented by the Finance and

E c o nomics Committee

 7 .  St. James' Church, School and

V  ic arage: leasing and acquisition P . 1 05/92

P r e sented by the Island

D  ev elopment Committee

 8 .  Draft Sea-Fisheries

( M  iscellaneous Provisions) (Amendment

N  o . 6) (Jersey) Regulations 199 P . 1 06/92

P r e sented by the Agriculture and F i s heries Committee

 9 .  Draft Sea-Fisheries (Fishing

N  et s) (Amendment No. 4) (Jersey) R e g ulations 199  P.107/92

P r e sented by the Agriculture and

F i s heries Committee.

Springfield, St. Helier : rezoning of land. P.67/92

THE STATES acceded to the request of the President of the Sport, Leisure and Recreation Committee that consideration of the proposition regarding the rezoning of land at Springfield, St. Helier , be deferred from the present

Sitting.

Arrangement of Public Business for the present Sitting

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

D raft Judicial Fees (Amendment No. 3) ( Jersey) Regulations 199 P.104/92

L odged: 14th July 1992

F inance and Economics Committee

S t. James' Church School and

V icarage: leasing and acquisition P.105/92 L odged: 14th July 1992

I sland Development Committee

D raft Sea-Fisheries (Miscellaneous

P rovisions) (Amendment No. 6) (Jersey) R egulations 199  P.106/92

L odged: 14th July 1992

A griculture and Fisheries

C ommittee.

Arrangement of Public Business for the next Sitting on 25th August 1992

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

next Sitting on 25th August 1992 - P rojet de Loi (199 ) (Amendement No. 2) sur l es teneures en fidéicommis et

l 'incorporation d'associations P.73/92

L odged: 26th May 1992

L egislation Committee

D raft Separation and

M aintenance Orders (Maintenance Payments) ( Amendment No. 2) (Jersey) Regulations

1 99  P.74/92

L odged: 26th May 1992

L egislation Committee

H ealth Service development policies 1 993-97 P.76/92

L odged: 26th May 1992

P ublic Health Committee

J ersey Arts Trust P.79/92 L odged: 2nd June 1992 E ducation Committee

P arish of St. Lawrence: loan P.94/92 L odged: 7th July 1992

F inance and Economics Committee

D raft Agriculture (Loans) (Amendment

N o. 8) (Jersey) Regulations 199 . P.100/92 L odged: 14th July 1992

A griculture and Fisheries Committee

L a Motte Garages, La Rue à D on, Grouville : lease P.101/92 L odged: 14th July 1992

H ousing Committee

2 4 Byron Lane and 25 Stopford Road,

S t. Helier: approval of Drawings P.102/92 L odged: 14th July 1992

H ousing Committee

L e Bernage, Longueville, St. Saviour: a pproval of Drawings P.103/92

L odged: 14th July 1992

H ousing Committee

D raft Sea-Fisheries (Fishing Nets)

( Amendment No. 4) (Jersey) Regulations 199 P .107/92

L odged: 14th July 1992

A griculture and Fisheries Committee

D raft Police Force (Amendment No. 5) ( Jersey) Law 199 P.108/92

D efence Committee

D raft Health Insurance

( Medical Benefit) (Amendment No. 40) ( Jersey) Regulations 199 P.110/92

S ocial Security

C ommittee.

Immigration. Questions and answers

Deputy Maurice Clement Buesnel of St. Helier asked Deputy Michael Adam Wavell of St. Saviour, President of the Defence Committee the

following questions -

  Recent press reports have referred to a

 n ew E.C. draft convention on immigration,

 w hich would in effect have repercussions

 f or Jersey as a member of the Common Travel  A rea.

 1 .  Would the President say whether

t h e Immigration Department has been

f u ll y consulted on the details

c o n tained in this document and whether t h is will ultimately mean restricted

a c c ess to our Island for Commonwealth c i ti zens?

 2 .  Would the President confirm that the

n u m ber of E.C. nationals arriving from

c o n tinental destinations this year for

s e a sonal employment is a lower figure

t h an that registered in 1991, but that

t h e Immigration Department's figures no l o n ger include details for E.C.

n a ti onals transitting directly from

U  n ited Kingdom points of embarkation?''

The President of the Defence Committee replied as follows -

1.  I believe that the Deputy is

re f e rr i ng to the External

F ro n t ie rs Convention which is

es s e ntially an agreement being

m a d e b etween Member States of the C o m m  unity to harmonise the control

o f th i r d-country nationals

en t e r in g or moving within the

C o m m  unity territory. It is

en v i s a ged that the agreement will

ev e n t u ally provide for a common

v is a p o licy, a common warning list

an d a s tandardisation of

fo r m a l ities for the entry and stay

o f n o n -E.C. nationals.

T h e Convention also specifically

p r o vides for the continuation of the

C o m mon Travel Area (C.T.A.) between the I s la nds and the United Kingdom and thus

t h e free movement of all persons within

i t.  

T h e Immigration Department has

b e e n consulted during discussions on

t h e Convention, which has not yet been s ig n ed. Present advice is that the

C o n vention will not apply to the Island a n d we will thus be a third-country for t h e purposes of the Convention.

A  s regards the access to our Island

f o r Commonwealth citizens, there will b e n o change. They will still be

g e n erally subject to control under the I m m igration Act 1971, as before.

 2 .  In the first five months of 1992,

3 , 8 79 Portuguese nationals were

r e co rded as arriving from abroad for

e m p loyment. In 1991 the equivalent

f ig u re was 5,146, but included 589 who t ra n sitted through the United Kingdom. T h e Deputy is right that the United

K  in gdom figures are not now collected b e c ause Portuguese nationals no longer h a v e to register their arrival in the

I s la nd.

I f w e hypothesise that 589 arrived via t h e United Kingdom this year, the total w  o uld only go up to 4,468. This is

s ti l l 678 less than last year.

I w ould suggest that this is due to t w o factors -

1 . employers looking more closely at th e i r s taffing requirements;

2 . the close working relationship

w h i ch exists between the

Im  m i g ration Department and the

M a d e i ran Emigration Department, si n c e o ur visit to Madeira last

au t u m  n.

T h i s relationship has sought, and I

s u g gest achieved, a control on the

n u m ber of workers travelling to the

I s la nd in search of work by encouraging

o n l y those with firm offers of work to

s e t out.''

Non-Resident Traders. Statement

The President of the Finance and Economics Committee made a statement in the following terms -

  At the States sitting on 31st March 1992

 S enator Rothwell asked me whether, because

o f the adverse effects of the present

 r ecession on trade and employment within

 t he Island, I would agree that it would be

 i n the Island's best interests not to issue

 a ny more licences under the Regulation of

 U ndertakings and Development (Jersey) Law,  1 973, to non-resident traders such as the

 B ritish company which earlier this year

 h eld huge sales at the Grand Hotel and Fort

 R egent?

I n response to a supplementary question

I promised that I would obtain a view from

t he Law Officers on the extent to which the

R egulation of Undertakings and Development L aw could be used to restrict the

a ctivities of non-resident traders.

I would remind the House that Article 5 (2)

o f the Regulation of Undertakings and

D evelopment (Jersey) Law 1973, as amended, p rovides that my Committee in deciding

w hether to grant a licence, to impose

c onditions or to refuse to grant a licence,

s hall have regard to the need to regulate

a nd manage demand on the resources of the

I sland, and to protect the integrity of the

I sland in commercial and financial matters.

T he holding of an exhibition or sale on the I sland by a non-resident trader, over a few d ays, cannot be refused on the grounds that i t places undue demand on the resources of t he Island. However, my Committee is

a dvised by the Law Officers that there are c ircumstances where a licence could be

r efused on grounds of protecting the

i ntegrity of the Island in commercial

m atters. The view is held that if there are

g ood grounds for believing that in the

c ourse of an undertaking false and/or

m isleading statements will be made to the

p ublic, my Committee in seeking to protect

t he integrity of the Island in commercial

m atters can refuse to grant a licence. I

c an assure the House that my Committee will h ave full and proper regard for this advice

w hen considering all future applications

f rom non-resident traders for a licence

u nder the Regulation of Undertakings and

D evelopment Law.''

States' Building, Royal Square, St. Helier . Statement

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

  The Public Services Committee is having  t o undertake repairs necessary to correct

 t he structural defect associated with the

 d ry rot attack to two of the trusses over

 t he States' Chamber which will require the  e rection of a substantial scaffold. This is

 r equired to protect the building from the

 e lements during the course of stripping the  r oof to effect the necessary repairs.

T here will inevitably be disruption to the

n ormal routine, both inside and outside the S tates' Building and this will undoubtedly c ause inconvenience to the occupants of

t his Building and to States' Members and

v isitors alike. Whilst every effort will be

m ade to keep the noise to a minimum, there w ill still be general noise associated with

t he building, including a motor to drive

t he materials hoist.

P arking in the Royal Square will be reduced b ecause of the positioning of scaffolding,

s kips and a site hut. This will be limited

t o the east end of the Royal Square and it

i s hoped that this will not affect the many

o pen-air functions, including the Battle of B ritain display.

C ostings have been obtained for the

s caffolding and an estimated time for

e rection of five weeks has been given.

B ecause of the contribution the Royal

S quare makes to the centre of St. Helier at t he peak of the tourist season, the Public S ervices Committee - which has the final d ecision on the erection of scaffolding - d oes not propose that this work should be s tarted until mid-September.

H owever, in order to take full advantage of t he summer recess of the States, it is

p roposed that the dry rot attack in the

S outh-East corner of the public gallery

s hould be treated and made good during the r ecess period. Quotations have been

o btained, and the successful contractor has b een requested to schedule his work to

a llow a start on site on 3rd August. Unless

o ther outbreaks of rot are discovered, it

i s envisaged that work within the Chamber s hould be completed in two weeks. This will l eave a week for cleaning and drying out

b efore the States' Sitting on 25th August.

T he following two weeks will then be used t o make good the decoration affected by the w ork. Completion of the work inside the

S tates' Chamber should be achieved by 4th S eptember.

Scaffolding to allow the main structural

w ork to proceed could commence week

b eginning 14th September, with the east end

o f the building being enclosed by 16th

O ctober. Work to repair the defective

t russes can then be carried out, followed

b y the stripping of the roof, building-in

o f insulation, replacement of the two large

r oof lights, replacement of parapet gutters

a nd rainwater connexions, re-felting,

b attening and slating.

I t is estimated that this section of the

w ork could take in the region of 16 weeks, b ut with works of this nature, it is not

u nlikely that other defective elements will b e uncovered as opening-up proceeds.

C ontingency sums have been included to c over the cost of limited extra' work, and t he contract period may also be affected.

D iscussions have taken place with

r epresentatives of the Bailiff , Attorney

G eneral and the Greffier in order to

i dentify dates when the States are Sitting a nd the Royal Court are in use. It is

i ntended that this schedule of dates will

b e written into the tender documents to

e xclude working on those specific days. H owever, it will be necessary for some of t he Royal Court Sittings to be held in

o ther locations, such as the Old Library, d uring the period of the contract. This, of c ourse, will not be possible for the Samedi C ourt and the Assizes. As the dates for the A ssizes are not definite, these have not

b een included in the schedule.''

Potato dumping. Statement

The President of the Agriculture and Fisheries Committee made a statement in the following terms -

  Firstly I must apologise unreservedly to

 t he House that the liquid from waste

 p otatoes dumped at Les Creux, St. Brelade

 l eached into Beauport Bay and for four days  t he beach had to be closed.

M embers are only too aware that the potato s eason has been a poor one. High yields

t hroughout Europe have resulted in low

p rices. Low prices that have seen

i ndiscriminate dumping in France and I

b elieve other areas. The Jersey

A gricultural Marketing Federation came to t he conclusion on 11th June that if

p otatoes continued to be marketed in such q uantities from the Island there would be a t otal collapse of prices. This meant that

g rowers would be left with potatoes in the

f ield that would gradually rot down and be a focal point for blight and result in an

i ncrease in the incidence of potato cyst

e elworm. This in turn would lead to the use

o f more chemicals in the coming season

w hich is of course totally contrary to the

C ommittee and industry's policy to keep the u se of chemicals to a minimum.

T he Chairman of the Federation and the

P resident of the Jersey Farmers' Union

a ppealed to the Department to devise a

s ystem to overcome this problem by

o rganising a central spot to which the

p otatoes could be taken and disposed of. I

m yself, spent part of one evening

d iscussing the problem and was impressed by t he industry's view that urgent action was

n eeded if the operation was to be

u ndertaken while temporary workers were

s till available on farms. I am also

c onvinced that reducing the volume on the

m arket was the only way to achieve some,

a lbeit small, return for a proportion of

t he potatoes that remained.

F ollowing discussion with my Committee it was agreed that a system of payment would b e brought into operation under the

C ommittee's vote for disposal of

a gricultural waste.

I t was felt that the Department could not u se its one and only site at Crabbé - this

i s a small often water logged area adjacent t o the Public Services depot and needs to b e reserved for all the other waste that

e manates from the industry - tomato

t rimmings, flower stems, out of grade

p roduce etc., etc. Thus the Department

t urned its sights toward the land soon to

b e used for a golf course at St. Brelade,

i t had the advantages of -

 1 .  not in a water pollution safeguard a r ea ;

2 .  a good depth of sandy soil;

3 .  near a road;

4 .  no houses in the immediate vicinity;

 5 .  no potatoes to be grown in the area in t h e future.

I sland Development Committee Officers were c ontacted and it was verbally agreed no

o bjection would be raised to using the site and fencing it afterwards. Public Services

w ere contacted to see if there was any hope

o f composting the material or supplying

o ther material to add to the potatoes; as

t heir own composting operation is in its

i nfancy this was not possible.

S enator Le Main as President of Sports and L eisure kindly  gave permission as the

m atter was an emergency. However his Vice- P resident, Deputy Jordan wished to discuss

t he matter further with Connétable E.C.

Q uénault and the parish's other Deputies.

A t a later meeting the political

r epresentatives of the parish reluctantly

g ave permission on the basis that the dump w ould finish by the end of July and the

s ite would be fenced and gated. There was a n assurance given the dump would be

m anaged so as not to give off a smell or be u nsightly but it was stressed there would

b e a volume of soil to be moved and the a rea would need to be managed for some time a nd every effort would be made to mask any s mells etc.

A system of burying and covering the

p otatoes and the area to be used was

d iscussed with the contractor and two of

t he Department's senior managers on site

w ith the Chief Officer. Unfortunately the

s peed at which the potatoes were received

m eant that some dumping took place too near t o the car park and in other places the

d umping was deeper than was specified. This i n itself was unfortunate and the Chief

O fficer will be taking appropriate action.

I n addition a telephone call from a member

o f the public to a senior officer warning

o f a problem of the water table was not

g iven the consideration that it should

h ave. The telephone call was not discussed w ith the Chief Officer or myself. Again

s teps have been put in hand to ensure calls

o f this nature are monitored in a more

a ppropriate way.

M y Committee was first made aware that

f luid was leaching from the dump on

T hursday, 9th July and made immediate

a rrangements for the Public Services

D epartment to stem the flow and remove the l iquid.

I pay tribute to the speed with which the

P ublic Services Department and the Jersey E lectricity Company Limited worked to

c ombat the problem and the material is now b eing tanked and thence to sea at the

r ecommendation of Dr. Simon Bossy. The A griculture and Fisheries Committee while a ccepting that mistakes have been made

a pologises for the operational problems and b elieves that these have been dealt with

s peedily and that the matter is now in

h and.

I do however feel that I must bring to the a ttention of the House the very real

p roblem of the future disposal of

a gricultural waste. There is no adequate s ite for the industry to use and

u ndoubtedly there will, over the years be s imilar surpluses to cope with.

I note that figures produced by the

E conomic Adviser's office reveal that to- d ate in excess of £16,000,000 has been s pent on the incineration plant but still

n o provision is made for removing the waste

o f the agricultural industry.

I t may seem odd to Members that the Public S ervices Committee have never had the

f acilities for coping with agricultural

w aste. My Department has had to take on

r esponsibility for dealing with polythene,

c hemical drums and agricultural waste.

L essons have been learnt from this incident a nd undoubtedly the Agriculture and

F isheries Committee would wish the States t o give consideration as to the policy that

n eeds to be adopted if agricultural waste

i s to be dealt with in the same way as the w aste from other businesses.''

St. Mary's School: approval of drawings

THE STATES adopting a proposition of the Education Committee -

 ( a) approved Drawing Nos. 2460/28 and 2 4 6 0/30 showing the construction of a n e w classroom and link corridor at St. M  a ry's School;

 ( b) authorised the Greffier of the States t o s ign the said Drawings on behalf of t h e States.

Social Security (Reciprocal Agreement with Great Britain, Northern Ireland, The Isle of Man and Guernsey) (Amendment No. 3) (Jersey) Act 1992

THE STATES, in pursuance of Article 48 of the Social Security (Jersey) Law 1974, as amended, and of all other powers enabling them in that behalf, made an Act entitled the Social Security (Reciprocal Agreement with Great Britain, Northern Ireland, The Isle of Man and Guernsey) (Amendment No. 3) (Jersey) Act 1992.

Protection of employment opportunities. P.72/92

THE STATES, adopting a proposition of the Policy and Resources Committee -

1 .  approved, in principle, the Committee's r e p ort dated 5th May 1992 regarding the i m p lementation of the Protection of

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

 2 .  agreed to make the Protection of

E m  ployment Opportunities (Designation

o f C ommittee) (Jersey) Act 1992

d e s ignating the Defence Committee as

t h e responsible Committee under the

L a w ;

 3 .  charged the Defence Committee to p r e pare the necessary legislation on t h e basis of the guidelines in the

C o m mittee's report.

Members presented voted as follows -

P o u r' ' (24)

Senators

 S henton, Jeune , Rothwell, Le Maistre,  C arter, Stein.

Connétable s

 S t. Clement, St. Mary, St. Ouen, St.  B relade, St. Martin, St. Peter,

 G rouville.

Deputies

 L e Gallais(S), Blampied(H), St. John, St.

 P eter, Baudains(C), Buesnel(H), Huelin(B),  B ailhache(H), Baudains(H), Grouville ,

 C respel(H).

C o n t r e'' (23)

Senators

 B innington, Horsfall, Baal, Le Main,  C hinn.

Connétable s

 S t. John, St. Helier , St. Lawrence,  T rinity.

Deputies

 R oche(S), Rumboll(H), Wavell(S), Norman(C),  S t. Ouen, Jordan(B), St. Mary, Rabet(H),

 C larke-Halifax(S), Le Fondré(L), St.

M artin, Le Geyt(S), Walker (H), Syvret(H).

Protection of Employment Opportunities (Designation of Committee) (Jersey) Act 1992

THE STATES, in pursuance of paragraph (2) of Article 10 of the Protection of Employment Opportunities (Jersey) Law 1988 made an Act entitled the Protection of Employment Opportunities (Designation of Committee) (Jersey) Act 1992.

St. James' Church, School and Vicarage: leasing and acquisition. P.105/92

THE STATES, adopting a proposition of the Island Development Committee -

 ( a) authorised the purchase from the

T r u stees of St. James' School, of St.

J a m es' School, Chapel Lane, St. Helier ( a s shown on Drawing No. 344/1), for

£4 0 0,000, with the public being

r e sp onsible for the vendor's legal

f e es ;

 ( b) authorised the lease from the

C h u rchwardens of St. James' Church, of S t . James' Vicarage, St. Helier , for a

p e r iod of nine years with effect from

1 s t October 1992, for a single payment

o f £ 120,000;

 ( c) authorised the purchase from the

i n cu mbent of the Parish of St. James of

t h e undermentioned properties (as shown

o n Drawing No. 344/1) -

( i) St. James' Vicarage, St. Helier ,

fo r £ 1 6 0,000, in addition to the

si n g le payment of £120,000

p re v i o usly paid in respect of the le a s e r eferred to in sub-paragraph (b ) ;

( ii ) St. James' Church,   St. Helier , fo r £ 3 6 0,000,

w  it h the public being responsible for t h e vendor's legal fees;

 ( d) approved a preliminary agreement of s a le with the Priest-in-Charge of St.

J a m es' Church in respect of the Church a n d Vicarage, it being agreed that in

t h e event of default on the purchase of t h e Church or the Vicarage the balance

o f t he rental and other costs incurred

w  il l be recoverable;

 ( e) authorised the Greffier of the States t o s ign the lease in respect of the

V  ic arage and a preliminary agreement of s a le in respect of the Church and

V  ic arage;

 ( f) 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 might be found necessary to pass i n c onnexion with the said properties

a n d any interest therein;

 ( g) authorised the payment or discharge of t h e expenses to be incurred in