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States Minutes 16th February 1993

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STATES MINUTES 1 6 th F e bruary 1993   P ri c e : £ 2 . 0 0

T HE STATES assembled on Tuesday, 16th February 1993 at 9.30 a.m. under th e P residency of Senator

R e ginald Robert Jeune , O.B.E.

_ _ _ _ _ _ ______

All Members were present with the exception of -

S enator Anthony Beresford Chinn - out of

t he Island.

F rancis Herbert Amy, Connétable of

G rouville - out of the Island.

T erence Ahier Jehan , Deputy of St. Martin -

o ut of the Island.

_ _ _ _ _ _ ______

P ra yers read by the President _ _ _ _ _ _ ______

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Banking Business (List of

R e g istered Persons) (Jersey) Order 1 9 9 3. R & O 8516.

 2 .  Road Traffic (Public

P a r king Places) (Amendment No. 25) ( J er sey) Order 1993. R & O 8517.

 3 .  Road and Sand Racing (Jersey) O  rd er 1993. R & O 8518.

Regulation of undertakings and development: policy statement. R.C.4

The Finance and Economics Committee by Act dated

8th February 1993, presented to the States

a policy statement regarding the future application of the Regulation of Undertakings

and Development (Jersey) Law 1973, as amended.

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

Housing: States rental waiting list and development programme. R.C.5

The Housing Committee by Act

dated 5th February 1993, presented to the States a report regarding the current waiting list for States rental accommodation and the Committee's States rental development programme.

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

Draft Act annulling the Island Planning (Designation of Sites of Special Interest) (Saint John) (Jersey) Order 1992 (P.2/93): report. R.C.6/93

The Island Development Committee by Act dated 11th February 1993, presented to the States a report in response to Senator R.R. Jeune 's proposition asking the States to adopt an Act annulling the Island Planning (Designation of Sites of Special Interest) (Saint John) (Jersey) Order 1992 (P.2/93).

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 8th February 1993 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, a Contrat de

B o r nement between the public of the

I s la nd as the owner of Field 46, St.

B r e lade and Tic Tac Limited as the

o w  ners of part of the property known as

W  e st View, Mont à la Brune, St.

B r e lade, in order to redefine the

w  es tern boundary of Field No. 46 with

p r o vision for either party to erect a

w  al l up to a maximum height of six

f e et , with each party being responsible f o r its own legal costs;

 ( b) as recommended by the Harbours and

A  ir port Committee, the lease to the

C a s ters Sea Angling Social Club of

A  lc ove 1, St. Catherine's Breakwater,

f o r a period of three years, commencing 1 s t November 1992, an an annual rent of

£1 0 .80 payable in advance and subject

t o t he Club's being responsible for the

c o s t of repairs and redecoration;

 ( c) as recommended by the Island

D  ev elopment Committee, the granting of a f u rther nine-year lease to the Jersey

S c o ut Association to rent the Martello

T o w er, Grève de Lecq, St. Ouen, for the t o ta l sum of £50 to be payable prior to

t h e signing of the lease;

( d) as recommended by the Public Services C o m mittee, the purchase from Mrs.

A  u drey Mavis Journeaux, née Castle, of 2 5 0 square feet of land at La Digue,

R o u te de la Haule, St. Lawrence, for a

c o n sideration of £500, with the

C o m mittee being responsible for all

l e ga l costs and the accommodation works r e q uired to re-establish the boundary;

( e) as recommended by the Public Services C o m mittee, the purchase from George

F rancis Child-Villiers, the Right

H  o nourable Earl of Jersey, of 7,460

s q u are feet of land in Field 698,

G  ro uville, for a consideration of

£7 , 000, with the Committee being

r e sp onsible for the vendor's reasonable

l e ga l costs in connexion with the sale;

 ( f) as recommended by the Public Services

C o m mittee, the purchase from Mr. Norman E d w ard Le Maistre, Mr. Adolphus German L e Maistre and Mr. Alan John Le Maistre

o f 1 ,156 square feet of land at Peacock

F a r m, La Rue de Dielament, Trinity , for

a c o nsideration of £1,156, with the

C o m mittee being responsible for all

l e ga l fees involved in the transaction;

( g) as recommended by the Public Services C o m mittee, the purchase from Michael

H  en ry Peter Le Gros of 1,907 square f e et of land in Field 748, Trinity , for a c o nsideration of £1,907, with the

C o m mittee being responsible for all l egal fees involved in the transaction;

( h) as recommended by the Public Services C o m mittee, the purchase from the Parish

o f T rinity of 97 square feet of land in

F i e ld 748, Trinity , for a consideration

o f £ 100, with the Committee being

r e sp onsible for all legal fees involved

i n t he transaction;

( i) as recommended by the Public Services C o m mittee, the lease from the Jersey

W  il dlife Preservation Trust of 1,508

s q u are feet of land in the north-west

c o r ner of the Jersey Zoo, for a period

o f 9 9 years for a single sum of £1,508

t o b e paid at the commencement of the l e as e, and the Committee to be

r e sp onsible for all legal fees involved

i n t he transaction.

Matters lodged

The following subjects were lodged au Greffe'' -

 1 .   Grouville Hospital site:

c o m munity leisure centre. P.20/93. P r e sented by the Connétable of

G  ro uville.

 2 . Functions and rôle of the

B a i liff (P.15/93): amendment. P.21/93. P r e sented by Deputy P.A.

B a i lhache of St. Helier.

 3 .  Draft Customary Law (Choses

P u b liques) (Jersey) Law 199 . P.22/93. P r e sented by the Public Services

C o m mittee.

 4 .  Road Train service: West Park a n d St. Aubin. P.23/93.

P r e sented by Senator T.J. Le

M  a in.

 5 .  Waterfront Enterprise Board

( P .1 6/93): second amendment. P.24/93. P resented by Deputy S. Syvret of

S t . Helier.

The following subject was lodged au Greffe''on

9th February 1993 -

W aterfront Enterprise Board (P.16/93): a mendment. P.19/93.

S enator R.J. Shenton.

Arrangement of Public Business for the next Sitting on 2nd March 1993

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

next Sitting on 2nd March 1993 -

G rouville Hospital site: community leisure c entre. P.20/93.

C onnétable of Grouville .

D raft Act annulling the Island

P lanning (Designation of Sites of Special I nterest) (Saint John) (Jersey) Order 1992. P .2/93.

L odged: 19th January 1993.

S enator R.R. Jeune .

P arish Rate Appeals. P.135/92. L odged: 15th September 1992. S enator R.R. Jeune .

W aterfront Enterprise Board. P.16/93. L odged: 2nd February 1993

I sland Development Committee

W aterfront Enterprise Board

( P.16/93): amendment. P.19/93 L odged: 9th February 1993

S enator R.J. Shenton

W aterfront Enterprise Board

( P.16/93): second amendment. P.24/93 D eputy S. Syvret of

S t. Helier.

D raft Customary Law (Choses Publiques) ( Jersey) Law 199 . P.22/93.

P ublic Services Committee.

R oad train service: West Park and S aint Aubin. P.23/93.

S enator T.J. Le Main.

V oting and employment rights of

n on-British E.C. citizens. P.159/92.

L odged: 13th October 1992 (and referred to t he Legislation Committee).

S enator D.A. Carter

Price s of goods and services. Questions and answers (Tape No. M.171)

Senator Richard Joseph Shenton asked Senator Pierre François Horsfall, President of the Finance and Economics Committee the following questions -

1.  M y visits to Holiday Shows in

L o n d o n, Manchester, Dublin and

B e lf a s t have established that past

v is it o r s to our Island have

n o ti c ed an increase in shop and

p u b li c house prices that almost

p u t th e m on a par with more highly ta x e d a reas. Would the President

su p p l y details of the comparative

Je r s e y , United Kingdom and Eire

ta x e s o n goods and drinks?

 2 .  Would the President supply the House w  it h comparisons of taxes and statutory b u s iness requirements in Jersey and the U  .K ., such as rates, sales tax, PAYE

r e tu rns, Company returns, company

p e r ks, etc?

 3 . What action does the President intend t o t ake about prices of goods and

s e rv ices, including professional

f e es ?''

The President of the Finance and Economics Committee replied as follows -

1.  I am aware and as concerned as the

S e n at o r that the local prices of

g o o d s that are subject to higher

ra t e s o f taxation in the United

K i n g d om and Eire do not always

re f le c t the tax differential set

o u t in the table that I have made

av a i la b le to members. To be fair

to lo c a l licensees however I am

al s o s u re that visitors have not

al w a y s appreciated for example

th a t t h e size of the tot of whisky

o r b ra n dy that they received in a

lo c a l p ublic house was greater

th a n th at obtained in the United

K i n g d om.

D  u ties on goods and drinks

T h e current levels of excise

d uties prevailing in Jersey, United

K in gdom, and the Republic of Ireland a r e as follows -

  U  n it e d  

C o m modity J e rsey Kingdom Eire

S p i rits (bottle) £3.30 £ 5.94 £8.60

L i g ht wine (bottle) £0.55 £0.94 £1.64 H ea vy wine (bottle £0.67 £1.75 £2.38 C i d er (pint) £ 0.11 £ 0.12 £0.15

B e e r (pint) £ 0.08 £ 0.25 £0.42

C i g arettes (20 k.s.f.) £ 0.49 £1.35

£1 . 43

C ig ars (25g) £ 0.64 £ 1.70 £1.97

H an d rolled tobacco (50g) £1.37 £3.58

£3 . 98

O th er tobacco (50g) £1.25 £1.50 £3.32

L e a ded petrol (gallon) £ 0.34 £1.26

£1 . 40

U n leaded petrol (gallon) £0.17 £1.06

£1 . 29

D ie sel (gallon) £0.29 £ 1.04 £1.18

I n a ddition to the above excise duties,

g o o ds and services in the United

K  in gdom and the Republic of Ireland are a l so subject to value added tax.

I n t he United Kingdom most goods (food, c h il dren's clothes, books and

n e w spapers being the notable

e x c eptions) and services are subject to

a V  AT rate of 17.5 per cent.

I n t he Republic of Ireland VAT is

a p p lied at a standard rate of 21 per

c e n t. Reduced rates of 0 per cent, 10

p e r cent, 12.5 per cent and 16 per cent

a p p ly to certain goods and services.

M  o st food, books and oral medicines are z e ro rated. Other supplies including

i n su rance, education and health are

e x e mpt from VAT.

 2 .  The question posed would justify a

l e ng thy report if it is to be answered

c o m prehensively. What I have made

a v a ilable to members is a statement of

s o m e of the main areas where businesses i n t he United Kingdom are subject to t a xe s or statutory business

r e q uirements that are either not faced 6 ~ b y businesses in Jersey or are faced t o a far lesser extent.

C o m parisons of taxes and statutory b u s iness requirements

  Je r s e y U n i te d  

  K i n g d o m  

R e g istration

f il in g of annual returns y e s  yes

C o n sumer protection

c o n sumer credit legislation  no yes t ra d es description legislation no yes f a ir trading n o y es

w  ei ghts and measures yes y e s

s a le s of goods legislation  n o yes

E m  ployment

S o c ial Security contributions yes (5.

  5 % ) y es     ( 1 1 .5 %  ) r e d undancy pay n o y es

m  at ernity leave n o y es

r a ce relations n o y es

e m p loyment of disabled persons no yes

e q u al opportunities no y es

m  in imum periods of notice y es yes

p a y (Wages Council)  no   y es

h e a lth and safety at work y es yes

T a x ation

P A  YE returns n o y es

q u a rterly VAT returns n o yes

S t a tistical information

6 m onthly manpower returns  y es no e m p loyment census  no y es

l a bo ur force survey  no y es

a v e rage earnings  n o y es

w  ag e rates n o y es

O  th er

p l an ning approval  yes y e s

f o rm ation of new business y es no

 3 .  As members of this House will be aware I h a ve regularly pointed out the

d a n gers the Island faces if it does not

t a ck le the problem of an annual rate of

p r ic e inflation considerably in excess

o f t hat prevailing in the United

K  in gdom and Western Europe generally. M  y Committee has taken a number of

i n it iatives to respond to this

s it u ation which I would refer to

b r ie fly as follow -

(i )  My Committee has made it clear to al l S t a tes Committees that they

ar e ex p ected to exercise price

re s tr a i nt particularly in respect

o f th o s e charges that impact on

th e re t ail prices index. As a

g en e r a l rule my Committee is

se e k i n g to hold the increase in

ch a r g e s below 4 per cent which in

tu r n i s significantly lower than

th e p re sent rate of inflation.

( ii) In seeking to set the example

re g a r d ing price rises my Committee ea r l y i n 1992 obtained assurances

fr o m t he three utility companies

th a t t h ey too would seek to limit

an y p r ice increases. My Committee al s o r e quested the parishes to

p la y th eir part in setting parish

ra t e s a nd obtained the co-

o p er a t ion of the Chamber of

C o m m  erce in limiting price

in c r e as es.

( ii i)  My Committee has set up a

W o r k i n g Party composed of

in d i v id u a ls drawn from the

co m  m u n ity at large which is

lo o k i n g a t how the retail

p ri c e s in d ex is being used.

T h e re s h ould be no support for th e ar g u m ent that a price

in c r e a se is a reasonable one

si m p l y b ecause it is in line

w i th th e latest published

a n n u a l r ate of inflation as

m e a s u re d by the retail prices

in d e x . T h e same argument

ap p l i e s to increases in wages

an d s a la r ies or other costs

su c h a s r ents.

( iv ) My Committee is initiating with th e co - operation of the suppliers

o f b u il ding materials an enquiry

in t o t h e cost of building

m a t er i als/supplies in the Island

co m  p a red to the United Kingdom and F ra n c e .

A s the Senator will know the States are not

i n a position to compel businesses to limit

t heir prices, and I am sure Members

a ppreciate the immense difficulties that

w ould be faced if this action was to be

p roposed. All that can be hoped for is a

g eneral response to a call for voluntary

p rice restraint backed up by the States

s etting a good example. I can assure the

H ouse that I will continue to do all in my power to limit cost increases to enhance

t he competitiveness of the Island's

i ndustries. However, there will be a need

f or others also to play their part when

t hey are considering setting prices, rents

o r wages. While many retail prices may

c ompare unfavourably with those in the

U nited Kingdom so too do many costs bearing

o n local traders and there is a need for

a ction to redress any such imbalances

a cross the board.''

Grants to mature students. Questions and answers (Tape No. M171)

Senator John Stephen Rothwell asked the Connétable of St. Lawrence, President of the Education Committee the following questions -

1.  W ould the President explain the E d u c a tion Committee's policy on g ra n t s for mature students

re c e iv i ng further education in

Je r s e y ?

 2 .  Would the President explain why mature s tu d ents taking GCSEs do not qualify

f o r a grant?

 3 .  Would the President give an assurance t h at those mature students taking A

l e ve ls at Hautlieu who were previously i n fo rmed that they could not apply for a g r ant, can now do so?''

The President of the Education Committee replied as follows -

1.  T he position with regard to grants

to m a t ure students receiving

fu r th e r education is as set out in

th e le t ter sent by the Director of

E d u c a tion to Senator Rothwell on th e 2 1st December 1992.

M  a ture students are required to

r e g ister at Highlands College in order t h at their needs may be assessed and

a p p ropriate courses provided.

H  ig hlands College has a wide range of c o u rses ranging from craft skill

c o u rses to study at degree level and

t h er efore is best suited to provide for

t h e needs of mature students.

T h e re are nevertheless a number of

s tu d ents who require a course leading

t o A dvanced level GCE in which case the b u l k of their studies may take place at

H  au tlieu whilst students will remain as

r e g istered students of Highlands with

p a r t of their course taking place

t h er e.

A  ll mature students over the age of 18 y e a rs will be eligible for a grant

d e p endent upon the means of their

p a r ents until such time as they become i n d ependent students at age 25.

T h e parents of students who register in t h e normal way at Hautlieu either at 14

o r 1 6 are eligible to apply for an

e d u cational allowance which is means t e st ed and is broadly similar in value

t o t he grant for mature students at

H  ig hlands College.

T h e refore mature students at either i n st itution can attract a grant of

b r o adly similar value. The only

d i ff erence is that one is paid to the p a r ent and the other to the student.

T he parents of all students over age 16 u p until 20 can apply for family

a l lo wance provided there has been no b r e ak in education and this payment is i n a ddition to the grant to Highlands C o l lege students or the Education

A  ll owance to Hautlieu students.

T h e grants system in Jersey is

c o n siderably more generous than on the m  ai nland where students sixth forms and s ix t h form colleges are not eligible

f o r grant, the levels of grant to

f u rt her education students is at a much

l o w er level for 16 to 19 year olds and

i s n ot available to mature further

e d u cation students.

 2 .  The Committee believes that students h a v e the opportunity to obtain GCSE in t h e period of statutory education and

t h er efore such grants assume a lower

p r io rity than for students pursuing

s tu d y at levels beyond GCSE. In

a d d ition for the majority of mature

s tu d ents who fail to obtain or choose

n o t to sit GCSE at the appropriate

t im  e, other courses provided by

H  ig hlands College are more suitable.

T h e resources which the Committee

a p p lies to grants to students in

f u rt her, higher education and training

g r a nts through the training agency

a m o unts to £5,912,400 and that

e x p enditure has grown over a period of

t h e last five years by 91 per cent.

G  ra nts to students now account for 12

p e r cent of the Education Budget and at a t i me when reductions in real terms

h a v e been of the order of £2.8M in the

1 9 9 3 budget it is not possible to

e x te nd the range of grant support.

I n d eed my Committee has been forced to i n cr ease the burden on parents on

h i g her incomes by increasing the fee

w h ich they have to contribute by £300

p e r annum.

 3 .  The assurance which the Senator is r equesting has already been given to h i m by the Director of Education and a p p lications for grants processed. I

w  o uld, however, point out that the

s tu d ents concerned were admitted in e r ro r by Hautlieu School contrary to t h e policy which has been previously e x p lained.''

Conduct of States' Members and civil servants. Questions and answers (Tape No. M171)

Deputy Stuart Syvret of St. Helier asked the Attorney General the following questions -

1.  I s there a detailed code of

co n d u c t that States' Members must ad h e r e to when carrying out their

d u ti e s?

 2 .  Does a similar code of conduct exist f o r civil servants?''

The Attorney General replied as follows -

1.  T here is no single code of conduct

d ea l in g exclusively with the

co n d u c t of States Members, but the S ta t e s of Jersey Law 1966 and

S ta n d i ng Orders made thereunder, in a d d ition to determining the

co n s t it ution of the States and

re g u l a ting their proceedings and

b u si n e ss, include provisions

in t e n d ed to ensure the honourable

co n d u c t of members and to uphold th e in t egrity of the States

A s s em  bly.

 2 .  Rules for the conduct of civil servants a r e set out in Part IV of the Civil

S e r vice Administration (General)

( J er sey) Rules 1949, as amended.

C i v il servants are also required, on

e n te ring the employment of the States, t o s ign a declaration acknowledging the O  ff icial Secrets (Jersey) Law 1952, and t h e serious consequences of breaching i ts p rovisions.''

Springfield site. Question and answer (Tape No. M171)

Senator Terence John Le Main asked the Connétable of St. John, President of the Island Development Committee the following question -

On 8th December 1992 the States debated m y Committee's report and proposition

 P .185/92 on the re-zoning and acquisition

o f Springfield.

T he States adopted paragraph (b) of the p roposition and agreed in principle that t he site be acquired on behalf of the

p ublic of the Island.

I n view of the urgency and importance of

t his matter would the President of the

I sland Development Committee inform the

S tates what progress has been made by

P roperty Management Office in acquiring the S pringfield site?''

The President of the Island Development Committee replied as follows -

  The House will be aware of the history of  S tates negotiations to acquire Springfield

o ver a period of many years.

I n January 1992 amongst other

p roperty matters my Committee was given the r esponsibility for all acquisitions of

p roperty for the States and set up the

P roperty Services Department.

O ur advisors, London-based

C hartered Surveyors and Estate Managers - Drivers Jonas, were instructed to negotiate w ith the agents appointed by the RJA & HS. N egotiations with Healey & Baker initially c oncentrated on the part of the site which

w as required for the traffic gyratory

s cheme at Robin Hood. These negotiations w ere hampered by the uncertainty over the d evelopment potential of the site which was n ot helped by frequent public comments by s ome Members of this House who expressed

o pinions concerning value and use.

The first proposition lodged in May 1992 by t he Sports, Leisure and Recreation

C ommittee asking that the site be re-zoned

i ncreased that uncertainty. This required

t he lodging of a report and proposition by

t he Public Services Committee seeking

c ompulsory purchase powers on the area of l and required for the Robin Hood gyratory a nd which was approved by the States in

A ugust 1992.

I n September 1992, my Committee extended i ts instruction to include the whole site.

D uring negotiations, the RJA & HS intimated t hat they required a price of not less than

£ 4.5 million. The Island Development

C ommittee received professional opinion

t hat the value of Springfield was

s ubstantially below that figure. This was

d iscussed with the Policy and Resources

C ommittee when it was also made known of t he interest of a private sector buyer. It

w as decided that the States would not c ompete in a requested tender process asked f or by the RJA & HS. Negotiations with the S ociety were then broken off.

R especting the decision of the States taken

o n December 8th 1992, my Committee has i nstructed Drivers Jonas to produce a

v aluation based on acceptable land uses and i t is due to receive that final valuation

a t its meeting on this coming Thursday. We w ill then construct an offer to put to the

S ociety's agents. I must advise the House

t hat my Committee will not be prepared to r ecommend that our offer exceeds an open m arket value in any circumstances as this w ould be contrary to our own and to Policy a nd Resources stated policies of not

a rtificially pushing up land values in the

I sland. It would also be damaging to all

o ur other negotiations to do so and would

p lace our position over the compulsory

p urchase of the Lesquende land at serious

r isk. It would be irresponsible for the

S tates to so instruct.

I express the hope that the RJA & HS will

r espond to the negotiations in a positive

a nd constructive way. If, however, we are

f aced with a significant difference between

o ur valuation and the expectations of the

R JA & HS it is my opinion that we will have n o option but to ask the States for

c ompulsory purchase powers in respect of

t he site. This for no other reason than

t his is the only way under the Law of

J ersey that a valuation tribunal can be set

u p. I would ask Members to be extremely

c autious because we have a major programme

o f land acquisition to conclude and I am

s ure that landowners will be watching

e vents closely. Experience has shown that

l oose comment by Members of this House

m akes it more difficult to finalise

a cquisitions and I would ask for your co-

o peration.

W e will discuss the details of our offer

w ith the Finance and Economics Committee a nd then bring a report and proposition to

t his House as the acquiring authority and

a sk the States to transfer the site to

r espective Committees when its use is

d ecided upon.

T echnical and legal problems have

b een identified in connection with the c ompulsory purchase of the gyratory land w hich will require a new report and

p roposition to put this right. This will be l odged at the next sitting.

F inally, I would advise Members that we

h ave discussed with the RJA & HS the

p ossibility of a long contract lease as a

w ay of acquiring the use of the site but

t hese discussions have proved unproductive.

T o resolve this matter once and for all it

i s important that we continue to negotiate

f or the acquisition, if necessary by

c ompulsory purchase, which after all is

s aid is to the advantage of both the RJA & H S and ourselves. The discussions are soon c oming to a head and I would ask for the M embers' continued patience.''

Beach cleaning: statement

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

  It is important that any false impression

 t hat could have arisen by comments made by  S enator R.J. Shenton about the cost of

 b each cleaning which were made at St.

 C lement's Parish Hall on Friday last should

 b e corrected.

T he beach cleaning operation undertaken by P ublic Services covers 21 miles of beach

a nd includes the collection and disposal of

l itter and dog faeces from beaches, promenades and litter bins. Litter is

p icked up on a routine basis from in excess

o f 400 bins, commencing at 6.00 a.m., which i n the case of the most popular beaches is

u ndertaken twice daily. The removal of

s eaweed is undertaken exclusively by

c ontractors at times dictated by the tides

a nd to avoid as far as possible

i nconvenience to beach users. The whole

o peration is supervised by Public Services

s taff and is designed to be flexible in

o rder to accommodate changes in the weather p attern.

T he total cost of this operation in 1992,

i ncluding labour, supervision, plant,

s upplies and services and contract hire for c ollection and removal of seaweed was

£ 308,000.

A dditionally, approximately £100,000 was s pent on the cleaning and maintenance of a djoining seaside areas which accounts for t he amount attributed to Public Services

c osts at the St. Clement's meeting. The

c ontractor whose offer was referred to is

o ne of those involved in the seaweed

o peration.

W hile no service is beyond improvement, it i s grossly misleading to suggest a better

s ervice could be provided at a fraction of

t he total cost.''

Family Allowances, Attendance Allowances and Social Security (Reciprocal Agreement with Norway) (Jersey) Act 1993

THE STATES, adopting a proposition of the Social Security Committee, made an Act entitled the Family Allowances, Attendance Allowances and Social Security (Reciprocal Agreement with Norway) (Jersey) Act 1993.

Family Allowances and Social Security (Reciprocal Agreement with Sweden) (Jersey) Act 1993

THE STATES, adopting a proposition of the Social Security Committee, made an Act entitled the Family Allowances and Social Security (Reciprocal Agreement with Sweden) (Jersey) Act 1993.

Social Security (Reciprocal Agreement with Iceland) (Jersey) Act 1993

THE STATES, adopting a proposition of the Social Security Committee, made an Act entitled the Social Security (Reciprocal Agreement with Iceland) (Jersey) Act 1993.

Housing legislation: review. P.180/92

THE STATES, commenced consideration of a proposition of the Housing Committee regarding a review of the housing legislation.

Paragraph (1) was adopted.

Sub-paragraph (2)(a) was adopted. Members present voted as follows - P o u r' ' (23)

Senators

 B aal, Rothwell

Connétable s

 S t. Clement, St. Saviour

Deputies

 L e Gallais(S), Rumboll(H), Norman(C), St.

 P eter, H. Baudains(C), St. Ouen,

 C outanche(L), Huelin(B), St. Mary,

 B ailhache(H), Rabet(H), S. Baudains(H),

 C larke-Halifax(S), Le Fondré(L), Walker (H),  S yvret(H), Crespel(H), Pullin(S), Trinity

C o n t r e'' (22)

Senators

 H orsfall, Le Main, Le Maistre, Carter,  S tein, Quérée

Connétable s

 S t. John, St. Mary, St. Ouen , St. Brelade,  T rinity, St. Martin, St. Peter , St. Helier

Deputies

 B eadle(B), Wavell(S), Blampied(H), St.

 J ohn, Buesnel(H), Jordan(B), Grouville , Le  Geyt(S)

Sub-paragraphs (2)(b), (c) and (d) were adopted.

Sub-paragraph (2)(e) was adopted. Members present voted as follows - P o u r' ' (25)

Senators

 S henton, Binnington, Horsfall, Baal,  C arter, Stein

Connétable s

 S t. Clement, St. Lawrence, St. Ouen, St.  P eter

Deputies

 L e Gallais(S), Rumboll(H), Wavell(S),

 N orman(C), Buesnel(H), Le Sueur(H), St.  O uen, Jordan(B), St. Mary, Bailhache (H),

R abet(H), S. Baudains(H), Walker (H), C respel(H), Pullin(S)

C o n t r e'' (21)

Senators

 R othwell, Le Main, Le Maistre, Quérée

Connétable s

 S t. John, St. Mary, St. Brelade , Trinity ,  S t. Martin, St. Helier

Deputies

 B lampied(H), St. John, H. Baudains(C)

 C outanche(L), Huelin(B), Grouville , Clarke-  H alifax(S), Le Fondré(L), Le Geyt(S),

 S yvret(H), Trinity

Sub-paragraph (2)(f) was adopted.

After further discussion, paragraph (3) was withdrawn by the President of the Housing Committee.

THE STATES accepted an amendment of the Housing Committee (P.4/93) to add the following

paragraph to the proposition -

 ( 4) to instruct the Housing Committee

t o p repare a draft amendment to the

H  o using Regulations which, subject to

w  h atever safeguards the Committee may c o n sider necessary to incorporate in

t h e amendment, establishes the

p r in ciple that those persons whose

r e si dential qualifications depend on

c o n tinued residence be entitled to

l e av e the Island for any period not

e x c eeding three consecutive years

w  it hout their residential status being

a f fe cted; and

THE STATES, adopting the proposition as amended -

a pproved in principle -

( 1) the amendment of the Housing (Jersey) L a w , 1949, so that contracts for the

s a le , transfer or lease of land to or

b y the public would no longer be exempt f ro m Part III of the Law;

 ( 2) the amendment of the Housing (General P r o visions) (Jersey) Regulations, 1970,

a s f ollows -

( a ) to exclude from Regulation

1 (1 ) ( d ) residentially unqualified

p er s o n s who purchase, take on

tr a n sf e r or lease property jointly

w i th th eir qualified spouses under R e g u la tion 1(1)(n), but to

p re s e rv e the status of persons

o cc u p y ing property by virtue of a

co n s e n t granted under Regulation

1 (1 ) ( n ) prior to the coming into

fo r c e o f the amending Regulations;

( b ) to require the Committee to

g ra n t c onsent to the sale,

tr a n sf e r or lease (whether or not

u n d er a registered contract of

le a s e ) to a person to whom none of th e p ro visions of the present

R e g u la tions apply, but who has

re s id e d in the Island with his or

h er re s identially qualified spouse

fo r a n aggregate period of at

le a s t ten years;

 ( c) to provide in Regulation 1(1)(h) that -

( i) a person's qualifying period of re s id e n ce in the Island should h av e c ommenced before they

at t ai n e d 20 years of age;

( ii ) the status of a person who

is o r d i narily resident in the

Is l an d under this Regulation would n o t c h ange solely as a result of

h is /h e r parent(s) becoming

re s id e n t outside the Island;

( ii i)  the Regulation would apply eq u a l l y t o adopted and step ch i l d re n as well as to natural ch i l d re n ;

( iv ) the children of persons to whom R e g u la tion 1(1)(h) applies would al s o b e entitled to the grant of

co n s e n t under this Regulation if th e y h ad resided in the Island for an a g g regate period of at least

te n y ea rs starting before they had at t ai n e d 20 years of age;

( d) to require the Committee's consent to

b e g ranted for the purchase, transfer

o r l ease (whether or not under a

r e g istered contract of lease) of land

b y persons who had completed ten years c o n tinuous approved residence following t h e grant of consent under Regulation

1 ( 1 )(j).

 ( e) to require the Committee's consent to

b e g ranted for the purchase, transfer

o r l ease (whether or not under a

r e g istered contract of lease) of land

b y persons who have completed a period

o f t wenty years' continuous residence

i n t he Island.

( f) to amend Regulation 5 -

( i) to exempt from the provisions of P a rt I I I of the Housing Law the

le a s e , other than under a

re g i st e red contract of lease, of a d w e ll i ng, or part of a dwelling,

o r a f la t by a person to whom

co n s e n t had previously been

g ra n t e d to purchase, take on

tr a n sf e r or lease (whether or not u n d er a registered contract of

le a s e ) land under Regulation

1 (1 ) ( h );

( ii ) to remove the present exemption in re s p e c t of a lease, other than a

re g i st e red contract of lease, of a

d w e ll i ng, or part of a dwelling,

o r a f la t by a person who has been

co n t i n uously resident in the

Is l and for a period beginning on

o r b e fo re 1st January 1980;

 ( 3) instructed the Housing Committee to

p r e pare a draft amendment to the

H  o using Regulations which, subject to

w  h atever safeguards the Committee may c o n sider necessary to incorporate in

t h e amendment, establishes the

p r in ciple that those persons whose

r e si dential qualifications depend on

c o n tinued residence be entitled to

l e av e the Island for any period not

e x c eeding three consecutive years

w  it hout their residential status being

a f fe cted; and

c h a rged the Housing Committee to p r e pare the necessary legislation.

Green zone: agricultural buildings. P.7/93

THE STATES, adopting a proposition of the Island Development Committee, decided to support the Island Development Committee's intention to

grant planning permission for the construction

of the following agricultural buildings within

the Green Zone -

 ( i) an agricultural storage building at

H  o mefields, La Grande Route de St

C l e ment, St Clement (Drawing 363/1);

 ( ii)  t wo semi-detached farm workers'

co t t ag e s at Fauvic Farm, La Rue de F a u v ic , Grouville (Drawing 364/1);

 ( iii)  an agricultural storage building at M a i son de Grantez, Le Vier

M o n t , St. Ouen (Drawing 365/1).

Consumer protection: fair trading law. P.8/93

THE STATES, adopting a proposition of the Public Services Committee -

 ( a) approved, in principle, the preparation

o f a new Fair Trading Law which would

m  o re effectively meet the current and

f u tu re needs of the Island with regard

t o m atters of consumer protection, as

o u t lined in the report of the Public

S e r vices Committee dated 11th January 1 9 9 3;

 ( b) charged the Public Services Committee t o p repare the necessary legislation in

a c c ordance with the priority ranking to b e d etermined by the Policy and

R e s ources Committee.

Draft Interception of Communications (Jersey) Law 1993. P.11/93

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Interception of Communications (Jersey) Law 1993.

Projet de Loi (1993) sur la Cour pour le

recouvrement de menues dettes. P.12/93

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Loi (1993) sur la Cour pour le recouvrement de menues dettes.

Draft Health Insurance (Medical Benefit) (Amendment No. 41) (Jersey) Regulations 1993. P.13/93

THE STATES, in pursuance of Articles 18 and 46 of the Health Insurance (Jersey) Law 1967, as amended, made Regulations entitled the Health Insurance (Medical Benefit) (Amendment No. 41) (Jersey) Regulations 1993.

Draft Gambling (Gaming and Lotteries) (Amendment No. 9) (Jersey) Regulations 1993. P.17/93

THE STATES, in pursuance of Article 3 of the Gambling (Jersey) Law 1964, as amended, made Regulations entitled Gambling (Gaming and Lotteries) (Amendment No. 9) (Jersey) Regulations 1993.

Field 796, St. Peter: sale of land. P.18/93

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

 ( a) approved the sale to the Jersey Rugby F o o tball Club Limited, solely for

o u t door recreational purposes,

a s s ociated car parking and landscaping,

o f a n area of land measuring three

v e r gées and five perch forming part of F i e ld 796, St. Peter, shown on drawing N o . 375/1, for the sum of £22,500, with t h e purchaser being responsible for all

l e ga l fees;

 ( b) authorised the Attorney General and the G  re ffier of the States to pass, on

b e h alf of the public, any contracts

w  h ich it might be found necessary to

p a s s in connexion with the said land

a n d any interest therein.

THE STATES rose at 5.20 p.m.

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