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States Minutes 11th May 1993

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STATES MINUTES 1 1 t h M  a y 1 993   P ri c e : £ 2 . 0 0

T HE STATES assembled on Tuesday, 1 1th May 1993 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 -

 H arry Hall ewell Baudains, Deputy of St.

C lement - out of the Island.

 T homas James Jordan, Deputy of St.

B relade - ill.

G raeme Ernest Rabet, Deputy of St. Helier -

o ut of the Island.

R ichard Peter Clarke-Halifax, Deputy of St. S aviour - out of the Island.

J ohn Le Fondré, Deputy of St. Lawrence -

 i ll.

 T erence Ahier Jehan , Deputy of St.

M artin - out of the Island.

M argaret Anne Le Geyt, Deputy of St.

S aviour - out of the Island.

_ _ _ _ _ _ ______

P r a y e rs

_ _ _ _ _ _ ______

Distinguished visitors - welcome

The Bailiff welcomed to the States, Dr.

Cornelius Samson Walter, Regional Field Director to the Leprosy Mission in India and the Reverend Tony Lloyd, Executive Director to the Leprosy Mission in England and Wales, visiting Jersey as guests of the Overseas Aid Committee.

Visitors - welcome

The Bailiff welcomed to the States second year students from Highlands College.

Bailiff - Congratulations on Ruby Wedding Anniversary

Senator Jeune on behalf of the Members of the House extended to the Bailiff and Lady Crill congratulations on the celebration of their Ruby Wedding Anniversary.

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Family Allowances (Re-

a s s essments) (Amendment) (Jersey) Order 1 9 9 3. R & O 8537.

 2 .  Attendance Allowances (General

P r o visions) (Amendment No. 2) (Jersey) O  rd er 1993. R & O 8538.

 3 .  Misuse of Drugs (Addicts)

( A m endment No. 4) (Jersey) Order 1993. R & O 8539.

 4 .  Road Traffic (Speed Limits)

( A m endment No. 5) (Jersey) Order 1993. R & O 8540.

Establishment Committee: resignation of member

THE STATES noted the resignation of Senator John Stephen Rothwell from the Establishment Committee.

Establishment Committee: appointment of member

THE STATES appointed Deputy Philip Roy Cabot of Trinity as a member of the Establishment Committee.

Residential land availability review

The Island Development Committee, by Act dated 4th March 1993, presented to the States for information a review on residential land availability.

Acorn Enterprises Limited: report for the year ended 31st December 1992. R.C.16/93

The Social Security Committee by Act dated

5th May 1993, presented to the States the annual report and accounts of Acorn Enterprises Limited for the year ended 31st December 1992.

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

Jersey Transport Authority - composition (P.39/93): comments. P.64/93

The Jersey Transport Authority presented to the States its comments on the proposition regarding an amendment to the composition of the Jersey Transport Authority (P.39/93 - lodged on 30th March 1993).

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

Springfield, St. Helier : development plan and purchase of land (P.63/93) - report of the Springfield Working Party

THE Island Development Committee, by Act dated 6th May 1993, presented to the States the report

of the Springfield Working Party established to provide a full and factual statement of the

various issues surrounding the future use of Springfield, St. Helier .

Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 30th April 1993, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

 ( a) as recommended by the Island

D  ev elopment Committee, with the support

o f t he Housing Committee, the purchase

f ro m Messrs. George Banks, Harry Banks, P e t er Banks and Gordon Banks of the

p r o perty 7 Springfield Crescent, St.

H  el ier, for a consideration of

£2 0 5,000, with each party being

r e sp onsible for its own legal costs, t h e property to be used as a hostel for h o m eless women;

 ( b) as recommended by the Public

H  ea lth Committee, the renewal of the

l e as e from F. Le Sueur and Son Limited

o f t he one-bedroomed flats, Nos. 2 and

8 R oseland Court, St. Aubin's Road, St. H  el ier, for a period of six months from 1 s t April 1993 at an annual rent of

£4 , 160 for each unit;

 ( c) as recommended by the Defence

C o m mittee, the extension of the lease

f ro m Mr. Ronald Garnier and Mrs. Anne G ar nier, née Curtain, of Bel Air, 13

L e s Ametots, Bagatelle Lane, St.

S a v iour, for a period of five months

f ro m 1st May to 30th September 1993, at a n a nnual rent of £11,940.24, for

o c c upation by an officer of the

T e r ritorial Unit;

 ( d) as recommended by the Public

H  ea lth Committee, the extension of the

l e as e from Advocate Robert George Day a n d Mrs. June Day, née Le Sueur, of the f o u r-bedroomed property Les

H irondelles, Rue de l'Est, St. Helier ,

f o r a period of one year from 23rd

M  a rch 1993, at an annual rent of

£1 1 ,100, the property to be occupied by

f o u r nurses;

( e) as recommended by the Education C o m mittee -

1 . the sale to Le Riches Stores

(J e r se y Canning Company) Limited

o f 1 5 0 square metres of land

ad j a c e nt to the northern perimeter

o f th e playing field of Flat Douet

S c h o o l, St. Saviour , for the sum

o f £ 1 ,0 00 with the company being

re s p o n sible for all legal fees;

an d

2 . a Deed of Arrangement with Le

R ic h e s Stores (Jersey Canning

C o m p a ny) Limited to ratify the

b o u n d ary between the company's p ro p e r ty and Plat Douet School,

S t. S a v iour, in order to allow the

co m  p a ny to erect a fence in line

w i th th e existing ball fence on

 t h e northern boundary to the south

o f th e existing electricity sub-

st a ti o n , together with a gate with

lo c k an d key, at the company's

ex p e n s e and with the company being re s p o n sible for all legal fees;

 ( f) as recommended by the Harbours and

A  ir port Committee, the lease to Messrs.

D  en is Clarence and Martin John l'Enfant

o f 5 00 square feet of accommodation at

t h e Victoria Pier Vivier (Letting No.

V  3 2) for a period of three years at an

a n n ual rent of £1,405, subject to

a n n ual review and with the commencement d a te of the lease to be subject to the

i n sp ection of the premises by the

H  ar bours Department;

 ( g) as recommended by the Harbours and

A  ir port Committee, the lease to Mrs.

M  a rjory Janet Mary Brooker, née Davis,

o f t he land occupied by the Hungry Man

C a f é, Rozel, for a period of three

y e a rs commencing 1st May 1993 at an

a n n ual rent of £433.10, subject to

a n n ual review;

 ( h) as recommended by the Harbours and

A  ir port Committee, the renewal of the

l e as e to Mr. Leonard Edward John Moon

o f t en vergées ten perches of grazing

l a nd at Mont à la Brune, St. Brelade,

( L e tting Nos. L38 and 40) for a period

o f t hree years commencing 24th June

1 9 9 3, at annual rent of £430.50, with

a n n ual rent reviews.

Matter noted - financial transaction

THE STATES noted an Act of the Finance and Economics Committee dated 30th April 1993, showing that in pursuance of Rule 5 of the

Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that the Public Health Committee had accepted the lowest of six tenders, namely that submitted by A.C. Mauger and Son (Sunwin) Limited, in a contract period of 72 weeks, in the sum of £2,623,466 for Phase III of the General Hospital nurses home redevelopment scheme.

Matters lodged

The following subjects were lodged au

Greffe'' -

 1 .  Draft Criminal Justice (Standard S c a le of Fines) (Jersey) Law 199 . P . 5 8/93.

P r e sented by the Legislation

C o m mittee.

 2 .  Draft Departments of the

J u d iciary and the Legislature

( A m endment No. 2) (Jersey) Law 199 . P . 5 9/93.

P r e sented by the Legislation

C o m mittee.

3 . Strategic Policy - Review and A ct ion Plan 1993. P.60/93.

P resented by the Policy and

R e s ources Committee.

 4 .  Jersey Amateur Dramatic Club: l o an . P.61/93.

P r e sented by the Finance and

E c o nomics Committee.

 5 .  Springfield, St. Helier :

d e v elopment plan and purchase of land. P . 6 3/93.

P r e sented by the Island

D  ev elopment Committee.

 6 .  Elizabeth and Mont Orgueil

C a s tles: transfer of management to J e rs ey Heritage Trust. P.65/93.

P r e sented by the Public Services

C o m mittee.

Arrangement of Public Business for the present Sitting

The President of the Legislation Committee withdrew the draft Criminal Justice (Standard Scale of Fines) (Jersey) Law 199 (P.132/92 - lodged on 1st September 1992) having lodged a revised draft Law at the present Sitting.

The President of the Public Services Committee withdrew the proposition regarding the transfer to the Jersey Heritage Trust of the management of Elizabeth Castle and Mont Orgueil Castle (P.45/93 - lodged on 13th April 1993) having lodged a revised proposition at the present Sitting.

Arrangement of Public Business for the next Sitting on 25th/26th May 1993

THE STATES confirmed that the following subject lodged au Greffe'' should be considered at the next Sitting on 25th/26th May 1993 -

S trategic Policy - Review and Action Plan 1 993. P.60/93.

P olicy and Resources Committee.

Arrangement of Public Business for subsequent States Sittings

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

on 8th June 1993 -

E lizabeth and Mont Orgueil Castles:

t ransfer of management to Jersey Heritage T rust. P.65/93.

P ublic Services Committee.

S pringfield, St. Helier : development plan a nd purchase of land. P.63/93.

S pringfield Working Party.

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

22nd June 1993 -

D raft Criminal Justice (Standard Scale of F ines) (Jersey) Law 199 .P.58/93.

L egislation Committee.

D raft Departments of the Judiciary and

t he Legislature (Amendment No. 2) (Jersey) L aw 199 . P.59/93.

L egislation Committee.

Fairview Farm Limited, Maufant, St. Saviour - construction of agricultural buildings (P.57/93): petition. P62/93

Senator Richard Joseph Shenton presented to the States a petition of residents of Maufant, St. Martin regarding the location of a new packing shed to be constructed by Fairview Farm Limited.

Suspension of Standing Order 9(5A)

THE STATES, adopting a proposition of Senator Richard Joseph Shenton agreed to suspend Standing Order No. 9(5A) in order to allow the proposition with respect to the petition of residents of Maufant regarding the location of a new packing shed to be constructed by Fairview Farm Limited to be considered at the present Sitting.

Aeronautical transmitting station, Les Platons, Trinity : approval of drawings

THE STATES, adopting a proposition of the Harbours and Airport Committee -

   ( a) approved drawings Nos. 2939/01-06, s h o wing a replacement building at Les P l a tons, Trinity , required to house

r a d ar equipment and power supplies;

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

Opera House, St. Helier : further loan

THE STATES adopting a proposition of the Finance and Economics Committee approved a loan of £100,000 to Creative Leisure Limited, the owners of The Opera House, St. Helier at five per cent

a year and on the same conditions* as were

applied to the loan of £1.1 million approved by

the States on 8th October 1991;

* the principal conditions were that t he building continued to be used for the

p erforming arts and the other purposes of i ts current use, that the Finance and

E conomics Committee should consider the r ate of interest charged after five years,

a nd that, whilst the loan was in existence, t he States would have first option should the beneficial owner wish to sell the

p roperty.

Agricultural nuisance - Maufant, St. Saviour and St. Martin : petition. (P.36/93) - recommendations

THE STATES, adopting a proposition of the Agriculture and Fisheries Committee, charged that Committee to undertake the work detailed in proposals 1, 2, 3 and 7 of its report dated 30th April 1993 at an approximate cost of £44,500, in order to reduce the smell emanating from the

agricultural unit at Fairview Farm, Maufant. Members present voted as follows -

P o u r'' (44) Senators

J eune, Binnington, Horsfall, Baal,

R othwell, Le Main, Le Maistre, Stein, Q uérée, Chinn.

Connétable s

S t. John, St. Clement, St. Lawrence, St. M ary, St. Ouen, St. Brelade , Trinity , St. M artin, St. Peter , Grouville , St. Helier , S t. Saviour.

Deputies

L e Gallais(S), Rumboll(H), Beadle(B), W avell(S), Blampied(H), Norman(C), St. J ohn, St. Peter , Buesnel(H), Le Sueur(H), S t. Ouen, Coutanche(L), Huelin(B),

S t. Mary, Bailhache (H), S. Baudains(H), G rouville, Walker (H), Syvret(H),

C respel(H), Pullin(S), Trinity .

C o n tre'' (2) Senators

S henton, Carter.

Fairview Farm Limited, Maufant. St. Saviour - construction of agricultural buildings

P.57/93

THE STATES, adopting a proposition of the Agriculture and Fisheries Committee, requested the Island Development Committee to consider immediately an application by Fairview Farm Limited to construct additional buildings at Fairview Farm, St. Saviour , Application Number 4/5/5459P.

Fairview Farm Limited, Maufant. St. Saviour - construction of agricultural buildings (P.57/93): petition. P.62/93

THE STATES, adopting a proposition of Senator Richard Joseph Shenton, requested the Island Development Committee to take the appropriate action to ensure that the construction of the proposed agricultural building by Fairview Farm Limited at Fairview Farm, Maufant, St. Martin, takes place no closer to the existing dwellings

in Maufant Village development than the existing farm buildings.

Parish Rate Appeals. P.135/92

THE STATES, adopting a proposition of Senator Reginald Robert Jeune , requested the Legislation Committee to amend the Parish Rate (Administration) (Jersey) Law 1946, as amended, to provide for appeals against assessment of

rates to be heard by a panel of independent persons.

Welfare benefits for unemployed persons. P.49/93

THE STATES, adopting a proposition of Deputy Maurice Clement Buesnel of St. Helier , requested the Policy and Resources Committee, in its co- ordinating rôle, to review as a matter of some urgency the present method of paying welfare benefits to local residents from funds provided wholly by the ratepayers of the parish in which the claimant resides, so as to take account of

the additional claims on such funds arising from increased unemployment, and to report back to the States with recommendations.

Loi (1993) (Amendement No. 11) sur l'Etat Civil. P.53/93

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Loi (1993) (Amendement No. 11) sur l'Etat Civil.

Social Security (Amendment No. 10) (Jersey) Law 1993 P.54/93

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Social Security (Amendment No. 10) (Jersey) Law 1993.

Liquid waste disposal: policy report. P.55/93

THE STATES commenced consideration of a proposition of the Public Services Committee regarding a policy for the disposal of liquid

waste and accepted an amendment of that Committee that after the date 5th April 1993'' there should be inserted except for paragraphs 6.17 to 6.34 inclusive''.

THE STATES, adopting the proposition, as amended, approved the policy of the Public Services Committee for the disposal of liquid waste, as set out in the Committee's report

dated 5th April 1993, except for paragraphs 6.17 to 6.34 inclusive.

Contributory unemployment benefit scheme. P.56/93

THE STATES, adopting a proposition of Senator Corrie Stein, requested the Social Security Committee to prepare and bring forward to the States for their approval, a report on the

benefits of a Contributory Unemployment Benefit Scheme.

THE STATES rose at 5.10  p.m.

  G  .H  .C . C  O P P O  C K G  re f fi e r o f the States.