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States Minutes 24th August 1993

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STATES MINUTES 2 4 th A u g ust 1993   P ri c e : £ 4 . 0 0

T HE STATES assembled on Tuesday,  2 4th August 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 -

E dwin Le Gresley Godel, Connétable of St. M ary - out of the Island.

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

A lan Payn Bree, Deputy of Grouville - out

o f the Island.

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

 E velyn Mabel Pullin, Deputy of St.

S aviour - out of the Island.

_ _ _ _ _ _ ______

P r a yers

_ _ _ _ _ _ ______

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Health Insurance

( P h armaceutical Benefit List)

( A m endment No. 15) (Jersey) Order 1993. R & O 8569.

 2 .  Spring Traps (Approval) (Jersey)

O  rd er 1993. R & O 8570.

 3 .  Export of Agricultural Produce

( A m endment No. 9) (Jersey) Order 1993. R & O 8571.

 4 .  Diseases of Animals (Approved

   D isinfectants) (Amendment) (Jersey) O  rd er 1993. R & O 8572.

 5 .  Royal Court (Amendment No. 2) R u l es 1993. R & O 8573.

Building loans - maximum rate of interest (P.87/93): report of Housing Committee. P.130/93

The Housing Committee, by Act dated 14th July 1993 presented to the States a report setting

out the Housing Committee's position with regard to the proposition of Senator Richard Joseph Shenton which enquired as to the maximum rate of interest of building loans.

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

Le Riches Stores Limited, Red Houses, St. Brelade : car park development - petition (P.83/93): report of Island Development Committee. P.131/93

The Island Development Committee, by Act dated 15th July 1993, presented to the States a report

on the petition regarding the proposed car park development by Le Riches Stores Limited at Red Houses, St. Brelade.

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

Housing: States rental waiting list and development programme as at 1st July 1993. R.C.27/93

The Housing Committee, by Act dated 23rd July 1993, presented to the States a report on the States rental waiting list as at 1st July 1993.

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 16th August 1993, showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved, as recommended by the Public Health Committee, the lease from Mr. Ian Richard Jayes and Mrs. Viviane Alice Jayes, née Pourteau, of the four-bedroomed property Bechet Cottage, La Rue Bechet, St. John, for a period

of two and a half years from 20th August 1993 at an annual rent of £9,100, subject to annual reviews in line with the Jersey Cost of Living Index.

Matters lodged

The following subjects were lodged au Greffe'' -

 1 .  Parish rates review. P.124/93. P r e sented by the Connétable of S t . John.

 2 .  Agricultural and horticultural

i n d ustry: future policy. P.125/93. P r e sented by the Agriculture and F i s heries Committee.

 3 .  Field 454A, St. Saviour:

p u r chase of land. P.126/93.

P r e sented by the Public Services C o m mittee.

 4 .  La Grande Maison Cottage, St. C a t herine: approval of drawings. P . 1 27/93.

P r e sented by the Housing

C o m mittee.

 5 .  Draft Regulation of Undertakings

a n d Development (Amendment No. 7) ( J er sey) Regulations 199 . P.128/93.

P r e sented by the Finance and

E c o nomics Committee.

 6 .  Draft Building Loans (Amendment N  o . 12) (Jersey) Law 199 . P.129/93. P r e sented by the Housing

C o m mittee.

7 . Inquiries under States of Jersey L a w 1966. P.132/93.

P r e sented by Senator J.S.

R o t hwell.

Arrangement of Public Business for the present Sitting

THE STATES acceded to the request of the President of the Defence Committee that the draft Motor Vehicle Registration (Jersey) Law 199 (P.116/93 - lodged on 10th August 1993) be considered prior to the proposition on

the Liberation 50th Anniversary celebrations (P.106/93 - lodged on 27th July 1993) at the present Sitting.

Arrangement of Public Business for the next Sitting on 28th September 1993

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

next Sitting on 28th September 1993 -

F ield 1007, St. John: development. P.86/93. L odged: 6th July 1993.

S enator R.J. Shenton.

B uilding loans: maximum rate of i nterest. P.87/93.

L odged: 6th July 1993.

S enator R.J. Shenton.

B uilding loans - maximum rate

o f interest (P.87/93): report of Housing C ommittee. P.130/93.

P resented: 10th August 1993.

H ousing Committee.

D raft Nursing and Residential Homes ( Jersey) Law 199 . P.102/93.

L odged: 27th July 1993.

Public Health Committee.

A gricultural and

h orticultural industry: future policy. P .125/93.

L odged: 24th August 1993.

A griculture and Fisheries Committee.

F ield 454A, St. Saviour: purchase of l and. P.126/93.

L odged: 24th August 1993.

P ublic Services Committee.

L a Grande Maison Cottage,

S t. Catherine: approval of drawings. P .127/93.

L odged: 24th August 1993.

H ousing Committee.

D raft Regulation of Undertakings and

D evelopment (Amendment No. 7) (Jersey) R egulations 199 . P.128/93.

L odged: 24th August 1993.

F inance and Economics Committee.

D raft Building Loans (Amendment

N o. 12) (Jersey) Law 199 . P.129/93.

L odged: 24th August 1993.

H ousing Committee.

C ar park development, Red Houses, St.

B relade - Le Riches Stores Limited:

p etition. P.83/93.

L odged: 22nd June 1993 and referred to the I sland Development Committee.

S enator N.L. Quérée.

L e Riches Stores Limited, Red Houses, S t. Brelade: car park development -

p etition (P.83/93): report of Island

D evelopment Committee. P.131/93.

P resented: 24th August 1993.

I sland Development Committee.

I nquiries under States of Jersey Law 1 966. P.132/93.

L odged: 24th August 1993.

S enator J.S. Rothwell.

Facilities for the accommodation of pregnant women and adoptions. Questions and answers. (Tape No. 199)

Senator Richard Joseph Shenton asked the Connétable of St. Lawrence, President of the Education Committee, the following questions -

1.  W ill the President inform the

H o u s e what facilities are

av a i la b le for the accommodation (o t h e r than in States' housing) of p re g n a nt women, indicating -

( i) the criteria for eligibility; ( ii ) the number of places; and

( ii i)  waiting list for such as s i st a n c e?

 2 .  Will the President also inform the

H  o use of the number of adoptions which h a v e taken place in Jersey during the

l a st five years?

 3 .  Will she also say how many enquiries h e r Department receives annually from p r o spective adoptive parents?

 4 .  Will she also list, in general terms, t h e criteria used for the selection of a d o ptive parents and more precisely, t h e age limit and other factors which w  o uld exclude prospective adoptive p a r ents from consideration?

 5 .  Will she say how much the adoption s e rv ices costs in annual terms?''

The President of the Education Committee replied as follows -

1.  A t present the Education Committee p ro v i d es accommodation through La C h a s se House for those expectant

m o t h e rs who fall within the

fo l lo w  ing criteria of need or

el i g ib i lity -

( i) (a) Young women who are vulnerable b ec a u s e t hey lack family

su p p o r t d ue to rejection or

es t ra n g e m ent, or whose

fa m  il ie s are themselves of

p o o r c o p ing ability, or who

h av e n o f amily.

(b ) T  e enage mothers who have no fi x e d a c c ommodation or are

h o m e l e ss and without suitable ar r a n g e m ents for themselves

an d t h e e xpected infant. (They m a y b e s taying at different

fr ie n d s ' h ouses and leading

t ra n s i en t and unsettled

li v e s. )

(c ) E  x pectant mothers with special n ee d s , e . g. learning

d if fi c u l ti es or physical

h an d i c a p , emotionally

d is tu r b e d , or victims of

ab u s e , o r suffering from some

fo r m o f a ddiction (whether

d ru g s , s o lvent or alcohol).

(d ) E  x pectant mothers who are not lo o k i n g a fter themselves

p ro p e r ly and therefore placing

th e h ea l th of their unborn

ch i l d a t r isk.

T h e re is no age restriction to

ad m  i ss i o n at La Chasse if the ex p e c t a n t mother is in need of su p p o r t a nd supervision for

th e re a s o ns outlined above.

H o w  ev e r the majority of

ex p e c t a n t mothers falling

w i th i n t h is criteria in recent

ti m e s have been young mothers,

o ft e n i n t heir teenage years.

( ii ) At La Chasse House we provide ten u n it s o f accommodation for

ex p e c t ant mothers, and mother and b ab i e s , including four family

u n it s t hat can be used for

fa m  il ie s up to two adults and two

ch i l d re n.

P re g n a nt women are not normally ad m  i tt ed until shortly before the b ir th o f their baby unless there

ar e p ro blems relating to pre-natal ca r e o r accommodation which fall w i th i n the criteria I have already m e n t io ned.

A s p a r t of a co-operative venture w i th th e Housing Committee the E d u c a tion Committee will also sh o r t ly be opening the former

re f u g e at 6 Plaisance Terrace as a sm  a ll h ostel which will provide a fu r th e r five units of bedsit

a c commodation for mothers and b ab i e s .

In a d d ition a further two units of ac c o m  modation are in the process

o f b e in g created at a family

ce n t r e shortly to be opened at Le S q u e z.

T h e se resources are being provided in re s p onse to the growing number

o f y o u ng single parents who are in n ee d o f support and supervision

d u ri n g the period following the

b i rt h of their child. The units

w i ll b e available for the

ad m  i ss ion of expectant mothers if re q u i re d, although they will

g en e r a lly be used to accommodate y o u n g single parent families who ar e re a dy to move on from La

C h a s se House, but are not yet old en o u g h , or ready, to move on to

fu l ly u nsupervised accommodation.

T h e m  ajority of the single parent

fa m  il ie s we help through La Chasse H o u s e are eventually housed by the H o u s in g Department when they

b ec o m  e eligible for accommodation in th e States sector.

( ii i)  The waiting list for admission to L a C  h asse is on average

b et w  ee n four and six persons,

al t h o u g h not all are expectant

m o t h e rs ; some will already

h av e h a d their baby. For those

aw a iting admission who require it , L a C h asse House is able to

o ff e r d a y -time support at the

u n it a n d outreach support to

th e ex p e c tant mother pending

fu l l r es i d ential admission.

T h e w  aiting list is due partly to

th e d el ay in being able to move

fa m  il ie s out of La Chasse and on

in t o S t ates' accommodation, a

p ro b l e m partly created by the fact

t h at many of the mothers are 16

an d 1 7 year olds who do not

q u al i fy for housing in their own

ri g h t u ntil their 18th birthday.

O n c e t hey are 18 the mothers are

el i g ib l e to move on to hostel

ac c o m  modation provided by the

H o u s in g Department, pending

p la c e m ent in more permanent States ac c o m  modation.

T h e w  aiting list has already

b ee n s ignificantly reduced as a

re s u lt of the Housing Department's b u il d in g programme which appears to h a v e reduced the period which

th e s e y oung families may have to

w a it b efore moving on into Housing ac c o m  modation by approximately a h al f f r om two years to one year on av e r a g e.

T h e s i tuation will also be

fu r th e r improved with the five new b ed s i t units planned at 6

P la i sa nce Terrace, and two at Le

S q u e z, which will be available

la t er th is year. These units will

ac c o m  modate those single parents w h o ar e ready to move on from La C h a s se but who are not yet

el i g ib l e for States'

ac c o m  modation.

 2 .  There have been 11 adoption placements m  ad e within the Island during the last

f iv e years, three involving children

o v e r the age of six months.

T his figure does not include mother's

o w  n child adoptions or adoption by r e la tives but rather the adoption of

c h il dren by non-related persons.

N  o r does it include the adoption of c h il dren from abroad, of which there h a s been four cases in the last five

y e a rs.

 3 .  The Children's Service receive on a v e rage eight enquiries a year from c o u ples wishing to adopt children.

 4 .  The criteria for selection is partially

d et ermined by the Adoption (Jersey) Law 1 9 6 1, and practice recommended by the

B r i tish Agencies for Adoption and

F o s tering, and approved locally by the

J e rs ey Adoption Panel.

T h e basic criteria for selection are as f o ll ows -

1 . Couples should have been married fo r a m inimum of three years.

2 . At least one of the applicants

m u s t b e 25 years of age or over an d t h e other at least 20.

3 . They should both be of good

h ea l th . A medical report on both ap p l i ca nts must be submitted.

4 . They should have a secure home en v i r o nment.

5 . They should have sufficient means to su p p ort a child.

6 . There must be medical confirmation

o f th e i r inability to have

ch i l d re n and they should have

re c e iv e d medical advice about

th e i r in fertility.

7 . They should have an understanding

o f th e implications of adoption.

A l l a p plications from couples

w i sh i n g to adopt are considered by a l o ca l adoption panel which is co m  p r ised of officers of the

C h il d r en's Service and

re p r e se ntatives of the community. T h e l a tter include a registered

m e d i ca l practitioner, an

in d e p e ndent counsellor with a

lo c a l v oluntary agency, and a

re p r e se ntative of the clergy. The P a n el are advised by a Crown

A d v o c ate on all legal issues

re l a ti n g to adoption.

T h e re are other factors which p re c l u de consideration, for in s ta n c e -

T h e p a n e l could not consider an a p p li c ation from any person su f f e ri n g a health condition

w h i ch i s either life

th r e a te n i ng or would affect

th e ab i l it y of the person to

ef f e c ti v e ly parent a child.

T h e c r iteria of eligibility

is c o m  prehensive and reflects the d u ty o f the Committee to ensure th a t t h e best possible placement is m  a d e for the child, whose

in t e re s ts are paramount in all

m a t te r s relating to adoption.

 8 .  The cost of the services is difficult

t o e stimate as they are not costed

s e p arately, but are provided by the

p r o fessional child care staff as a part

o f t heir duties - the services of the

A  d option Panel are of course voluntary.

T h e assessment of adoptive couples and t h e placement of children are just part

o f t he adoption service.

T h e Children's Service also carries out G  u ardian ad Litem duties on behalf of t h e Royal Court in respect of relatives s e e king to adopt children e.g. mother's

o w  n child adoptions, in which single m  o thers marrying for the first time, or a p a rent remarrying, seeks to adopt

t h ei r child (or children) within the

n e w marriage.

O  n average 12 such applications are d e a lt with each year.

T h e Service also provides a counselling s e rv ice for adopted adults of which we d e a l with, on average, 15 referrals a

y e a r.

A  ll these services are provided from w ithin the general budget of the

C h i ldren's Service.

A s these services are not independently i te m ised or costed it is only possible

t o g ive an estimate based on an average y e a r's costs of professional officer

t im  e which would be in the region of

£2 0 ,000.''

Tenancy agreements which prevent occupants having resident children. Questions and answers. (Tape No. 199)

Senator Richard Joseph Shenton asked Deputy Leonard Norman of St. Clement , President of the Housing Committee, the following questions -

1.  W ill the President inform the

H o u s e if his Committee has under co n s i d eration the enactment of

le g i sl a tion which would make void p ro v i s ions in tenancy agreements

w h i ch prevent, without valid

re a s o n , occupants of certain

fl a ts , e tc., from having children

re s id e n t with them; or

al t er n a tively, legislation which

w  o u ld enable his Committee to

co n t r o l such contractual

co n d i t ions, as is done with rent

co n t r o l?

 2 .  Will the President give the House his

o p i nion on the effect on the housing

s it u ation if such legislation were to

b e a dopted by the States?''

The President of the Housing Committee replied as follows -

1.  T he States have only recently

ad d r e s sed this issue when

ap p r o v ing proposals brought by the H o u s in g Committee to amend Rent C o n tr o l Legislation. The changes

in q u e stion took effect earlier

th i s y e ar.

M  e mbers will recall that the States

a m e nded the Rent Control Law to enable t h e Housing Committee to exempt from r e n t control tenancies which conform to a S  tandard Tenancy Agreement. This

s ta n dard lease was produced by my

C o m mittee and approved by the States as a s c hedule to the amended law. It was

d r a fted to reflect best practice in

p r iv ate tenancies, and to define

c l ea rly rights and obligations of both

l a nd lords and tenants. For example, the

s ta n dard lease prevents the use of

in g oing' and key money', and any

p r o visions which prevent tenants from

h a v ing their children living in the

p r o perty with them, provided that

o v e rcrowding does not occur.

W  h ilst the standard lease has been a v a ilable for a short time only there i s e vidence that it is becoming

i n cr easingly used by landlords.

 2 .  My Committee does not recommend any f u rt her changes to legislation which

w  o uld further control the activities of

l a nd lords and tenants in the private

s e c tor. There is overwhelming evidence

e v e rywhere to suggest that the more

r e st rictions Government imposes in the

a r ea of private renting, the less

p r iv ate rental accommodation is made

a v a ilable. This obviously results in

f u rt her shortages of rental

a c c ommodation; higher rent; and

i n cr eased demands for Government to

b u i ld new accommodation for rental. My C o m mittee is far more interested in

c r ea ting conditions which encourage the p r o vision of more accommodation to

r e n t, such as the introduction of the

S t a ndard Tenancy Agreement already

r e fe rred to, and the private sector

r e n t rebate scheme.''

Provisions that exist for payment to pregnant women. Questions and answers. (Tape No. 199)

Senator Richard Joseph Shenton asked Deputy Terence Augustine Le Sueur of St. Helier, President of the Social Security Committee, the

following questions -

1.  W ill the President please tell the

H o u s e what provisions exist for

p ay m  e nt from his Department to p re g n a nt women?

 2 .  Will he indicate if any minimum period

o f c ontribution to the scheme and/or

p e r iod of residence in the Island is

r e q uired by the present legislation or

r u le s? Does the present system allow

a n y flexibility in cases of hardship?

 3 .  Will he further indicate the number of

m  at ernity payments made during the last y e a r for which figures are available

a n d the number of requests for help to

h i s Department which were refused?

 4 .  Will he state what practice is followed i n h is Department when help is not

a v a ilable under the Social Security

S c h eme?

 5 .  Will he tell the House what literature i s a vailable regarding benefits for

p r e gnant women; both as regards

m  at erial support and counselling?''

The President of the Social Security Committee replied as follows -

1.  B enefits from my Department are av a i la b le to pregnant women in the sa m e w ay as they are available to

o th e r m embers of the community,

b u t c er tain benefits are targeted

to p re g nant women specifically as a r e su l t of their impending

co n f i n ement. There are four

p ar t ic u lar benefits, viz -

( i) Maternity Grant - a

lu m p s um, currently £244.44, paid at o r n ear the time of birth as a

co n t r ib ution towards the cost of

co n f i n ement and the provision of a  b a b y's layette.

( ii ) Maternity Allowance -

a w e e k ly benefit payable

fo r a m aximum of 18 weeks with a st a n d a rd rate of benefit £81.48 a

w e e k , as a contribution to offset

lo s s o f earnings caused by the

p re g n a ncy and confinement.

( ii i)  Emergency Sickness

B e n e fi t - payable,

ag a i n a t u p to £81.48 a week,

w h e n m  a ternity allowance is

n o t payable but the expectant

m o t h e r c ould otherwise qualify fo r s i c k n ess benefit over the

p er i o d o f the confinement for

u p t o f o u r weeks.

( iv ) Milk at a reduced price -

is a l s o available for

p re g n a nt women at a current

su b s i d y of 21p a half litre for

3 .5 li tr es per week. This benefit co n t i n ues after the birth, until

th e ch i ld has reached the age of fi v e .  

 2 .  Maternity grants, maternity allowance a n d emergency sickness benefit are all c o n tributory benefits and are reliant

o n the payment (or crediting) of

c o n tributions at certain times. These

c o n tribution conditions vary for each

b e n efit, and are summarised as

f o ll ows -

( i) Maternity grant - at least three

m o n t h s of contributions must have b ee n p aid by the mother (or her

    h u sb a n d) in the quarter but one

b ef o r e the baby's birth. For

in s ta n c e, if the baby was born in

A u g u s t 1993, contributions would n ee d to have been paid for any

q u ar t e r prior to the end of March

1 9 9 3 .

( ii ) Maternity allowance - at least

th r e e m onths contributions must h av e b een paid by the mother

b ef o r e the end of the quarter in

th e p re vious calendar year

co r r e sp onding to the quarter in

w h i ch the birth occurs. For

in s ta n c e, if the baby was born in A u g u s t 1993, the relevant quarter w o u l d be that ending on 30th

S e p te m ber 1992.

( ii i) Emergency sickness benefit - th e sa m e contribution

co n d i t io n s as for maternity

al l o w a n c e, except that the re l e v a n t quarter (as for

m a t er n i ty grant) is the

q u ar t e r b ut one prior to the d at e o f b irth.

M  il k at a reduced price is a benefit

n o t connected with the Social Security s c h eme but merely administered by my D  ep artment, and is available to all

p r e gnant women resident in Jersey

i rr e spective of contribution record.

A  s far as residence is concerned,

d o m estic Jersey legislation requires

t h e birth to take place in Jersey in

o rder to benefit. However under the

t e rm s of various reciprocal agreements, b i rt hs in other countries are accepted

f o r Jersey benefits, and births in

J e rs ey may be accepted for another

c o u ntry's benefits. Reciprocal

a g r eements exist in the United Kingdom, F r a nce and Portugal, amongst others, so t h at providing a woman has maintained a c o m plete contribution record in these

c o u ntries, she would be fully covered

a mongst those countries for their

m  at ernity benefits.

T h e maternity benefits administered by t h e Social Security Committee are based

o n statutory insurance principles.

H  ar dship is not a pre-requisite to

o b t aining benefits, nor is the system

m  ea ns tested. One major anomaly of the s y s tem at present is that it allows

w  o rking married women to opt out of

p a y ing contributions, leaving them

v u l nerable in this area of statutory

i n su rance. The States, however, have

a g r eed that this option should shortly

b e r emoved and this will have the

e f fe ct of ensuring that working women w  il l in the future be covered for

m  at ernity allowance. The frank answer t o t he Senator's question is that the

s y s tem is not flexible in cases of

h a r dship, but attempts to be universal

a n d even-handed to all contributors,

l e av ing any cases of hardship to be

d e a lt with by other agencies.

 3 .  The Department does not hold figures

f o r benefit claims which have been

r e fu sed, although with the new computer

d a ta base system completed earlier this

y e a r, and as part of our business plan

w  h ich attempts to monitor and satisfy

c u s tomer needs, disallowed claims could i n f uture be analysed.

T h e Committee's Annual Report and

A  cc ounts for the year ended 30th

S e p tember 1992, were presented to the S t a tes earlier this year. Page 54 of

t h at report details maternity benefits

p a id during that period and shows that

1 , 1 40 maternity grants were paid at a

t o ta l cost of £262,605, whilst 1,078

s p e lls of maternity allowance were

c o m pleted or started, at a cost of

£8 9 6,881. In the calendar year 1992

t h er e were 1,137 births registered in

J e rs ey, which would suggest that

m  at ernity benefits are taken up very

e x te nsively indeed, and that the number

o f p regnant women not receiving benefit m  u st be small.

 4 .  Having already indicated that the

n u m ber of occasions on which financial h e lp would not be forthcoming is quite

s m a ll, I can only point out that the

p r im ary rôle of the Department is to

o f fe r financial support through the

S o c ial Security Law. This does not

p r e clude the staff in seeking to steer

p r e gnant women, or indeed any enquirer, t o o ther agencies or other States

d e p artments such as Housing or Public

H  ea lth or Education, which may be able t o o ffer assistance within their

p a r ticular responsibilities. If the

p r o blem is one of financial support,

a n d to the extent that benefits under

t h e Social Security Scheme may be

i n ad equate, the Department would

s u g gest initially that the claimant

a p p roach the appropriate parish

a u th ority for assistance.

F u r thermore it should not be forgotten t h at as soon as the baby is born the

D ep artment is able to offer assistance f ro m the very substantial Family

A  ll owance system that is means tested a n d aimed at low income families,

s in g le parent or otherwise.

 5 .  In the Social Security Department there a r e many leaflets available describing

i n d etail the benefits on offer, the

m o st relevant being SSD8 - Maternity B e n efits, which contains the basis of

t h e answers to these questions. These

l e af lets are also available at many

d o c tors' surgeries, the Public Library,

e t c. We also have an interactive

t e le vision video screen in La Motte

S t re et as a visual aid for those so

d i sp osed. We do not produce any

l it e rature specifically on counselling,

b u t no doubt the women's medical

p r a ctitioner could and would be better p l ac ed to provide more expert guidance

o n how to seek such information, both b e f ore and after confinement.''

Assistance to pregnant women through the parochial welfare system. Question and answer. (Tape No. 199)

Senator Richard Joseph Shenton asked the Connétable of St. John, Chairman of the Comité des Connétable s, the following questions -

1.  W ill the Chairman inform the House

w h a t a ssistance can be given to

    p re g n a nt women through the

p ar o c h ial welfare system?

 2 .  Will the Chairman in particular inform t h e House of the criteria for

e l ig ibility for such assistance

( in c luding period of residence)?

 3 .  Will the Chairman tell the House what i n fo rmation is available in printed

l it e rature regarding help for pregnant

w  o men?''

The Connétable of St. John replied as follows -

1.  T he assistance that can be given

to p regnant women through the

p ar o c h ial welfare grant system

w i ll g e nerally be in line with the p u b li sh ed scale rates of benefit

al t h o u gh discretion may be

ex e r c is ed depending on the

p ar t ic u lar circumstances and

re q u i re ments of individual

ap p l i ca nts.

T h e assistance provided will usually

t a ke the form of a weekly cash payment t o m eet normal basic needs together w i th help with rent if any has to be p a id .

P r e gnant single women may apply for and r e ce ive a welfare grant from their

p a r ish if they are unemployed and are

u n a ble to support themselves due to

i n su fficient income and resources.

T h e y are generally required to be over 2 0 years of age and be born locally or h a v e resided in the Island for a

m  in imum period of five years. Those a g e d 17-20 years may themselves be

a s s isted on a discretionary basis if

t h ey have to provide and fend for

t h em selves through no fault of their

o w  n and also meet the other qualifying c o n ditions.

T h o se who are living with their

h u s bands or partners are considered to b e t he responsibility of those persons a n d are not eligible to apply for and

r e ce ive welfare grants in their own

r ig h t.

I f th ey are fit enough to work, they

a r e required to be registered at the

J o b Centre of the Social Security

D  ep artment as persons genuinely seeking e m p loyment and for whom employment c a n not be found.

I f th ey are unfit to work they are

r e q uired to produce a medical

c e rt ificate and claim any benefit from

t h e Social Security Department to which t h ey are entitled. This benefit is

t a ke n into consideration when

a p p lications for welfare benefit are

a s s essed.

 2 .  The criteria for eligibility of a

w  el fare grant are set out in a booklet

e n ti tled Welfare Grants' which is

i ss u ed jointly by the Comité des

C o n nétables, the States Finance and

E c o nomics Committee and the Working P a r ty on Need and is available in all

P a r ish Hall s and the Social Security

D  ep artment. The booklet gives general g u i dance and includes a loose leaf with c u r rent weekly scale rates of welfare

b e n efits. Whilst pregnancy is not

s p e cifically mentioned, the condition w  o uld be recognised as a need for

w  el fare if the person concerned was

u n a ble to work and the current weekly s c a le rates of welfare benefits would

t h en apply.

 3 .  I have pleasure in giving the Senator a c o p y of the Welfare Grants Booklet for h i s own use when discussing welfare

w  it h the members of the public.''

Hygiene in dental surgeries. Question and Answer. (Tape No. 199)

Senator Corrie Stein asked the Connétable of St. Saviour, President of the Public Health Committee, the following questions -

1.  W ill the President advise whether

h is C  o mmittee has laid down

p ro c e d ures on hygiene in dental

su r g e r ies in the Island?

 2 .  If the answer to the above question is

i n t he affirmative, will the President

p l ea se inform the House what measures a r e taken to ensure that the procedures a r e followed?''

The President of the Public Health Committee replied as follows -

1.  I am advised that the procedures

ap p l i ed in both general practice

an d t h e Hospital Dental Service

ar e in accordance with those

is s u e d by the British Dental

A s s o ci ation Advisory Service under th e ti tl e The Control of Cross-

In f e c ti on in Dentistry' dated July

1 9 9 1 . The guidance is detailed and fu r th e r more states all dentists

h av e a duty of care to take

ap p r o p riate precautions to protect

th e i r p atients and their staff

fr o m r isk of cross-infection'.

I n t his context, routine cross-

i n fe ction control procedures are

d e s igned not only to safeguard

p a ti ents, but to protect the dental

t e am . An awareness of sterilisation and i n fe ction control requirements, coupled w  it h the proper use of protective

c l ot hing and equipment are essential

a n d the need for up to date

i m m unisation against Hepatitis B Virus a n d other infectious diseases,

i n cl uding tuberculosis, poliomyelitis,

r u b ella, tetanus and diphtheria, is

r e co gnised within the guidelines.

F u r ther detailed measures are described i n t he document concerning the need to c l ea n and subsequently sterilise all

i nstruments and equipment after use.

S u c h precautions are particularly

e x p licit in regard to handpieces which s h o uld be sterilised routinely after

e a c h patient using an autoclave.

M  o re generally, my Committee is aware t h at all dental practitioners, be they

w  o rking in the private sector or within

t h e Hospital Dental Service, have a

d u t y of care for their patients and any

f a il ure to provide adequate

s te r ilisation facilities could lead to

p r o ceedings for misconduct before the G  en eral Dental Council.

 2 .  The Department of Health, through its C o n sultant Microbiologist, has drafted a l o cal code of practice entitled

C r oss-Infection in Dentistry' and this i s to be distributed to all private and

p u b lic dental practitioners in the

I s la nd. Whilst this code is modelled on t h e British Dental Association's policy t o w hich I have previously referred, it i s m ore specific and practical in its

a p p lication, particularly in regard to

d i si nfection and sterilisation

p r o cedures.

M  y Committee has instructed its

o f fi cers to report back as quickly as

p o s sible, following consideration of

t h is code by the Jersey Dental

A  ss ociation on the procedures which w  il l be followed to ensure their co-

o p e ration in applying and updating the c o d e of practice from time to time.

I h a ve, however, every confidence that l o ca l dental practitioners are already

a d h ering to high standards of hygiene l a id down by the British Dental

A  ss ociation as compliance with such

s ta n dards are not only in the interests

o f t he patients, but vital to protect

s ta f f from the risk of infection.''

Decommissioning of French nuclear installations. Question and answer. (Tape No. 199)

Deputy Stuart Syvret of St. Helier asked Deputy Michael Adam Wavell of St. Helier , President of the Defence Committee, the following questions -

1.  W ill the President inform the

H o u s e whether E.D.F. or the French A u t h o rities have established a

fu n d to pay for the de-

co m  m  issioning of their nuclear

in s ta l la tions and if so how much

is i t ?  

 2 .  What will the de-commissioning p r o cedure entail?

 3 .  Will the President inform the House of

t h e procedure members of the public

s h o uld follow should they wish to

c o n vey any objection to the development

o f f urther reactors at Flammanville to

t h e French planning authorities?''

The President of the Defence Committee replied as follows -

1.  D ecommissioning costs are built in

as p a rt of everyday operating

co s t s i n the same way as any

C o m p a ny takes account of

d ep r e c iation charges. There is,

th e r e fo re, no finite figure. There

is d i s c ussion in France at the

p re s e n t time over arrangements to

d ec o m  mission the reprocessing

P la n t a t Marcoule in the South-

E a st , w hich may happen in 1998.

T h is p lant reprocesses fuel from

g as c o oled reactors which are

b ei n g phased out. There are no

p la n s t o decommission any plants

o n t h e Cherbourg Penisular in the

n ea r fu ture.

 2 .  The Installation has all the nuclear

f u e l removed and the structure is then a l lo wed to cool. After some years

r a d ioactive equipment categorised into h i g h, intermediate and low level

a c ti vity will be removed. This will

e v e ntually be disposed of in accordance w  it h internationally agreed options.

T h e se are likely to be land disposal or

s e a dumping.

 3 .  The date of the Commission of Enquiry i n to the intention to site a further

t w o reactors at Flammanville has yet to b e d ecided, but this could be as early

a s O ctober 1993. The Commission is not a p u blic enquiry as we understand them, i n t he sense that the public do not

a t te nd the Sittings. However, the

p u b lic are invited to send in written

e v id ence for the Commission to

c o n sider. Accordingly, I have written

t o a sk the President of the format of

t h e written evidence and the date by

w  h ich it is required. When I have this

i n fo rmation I will inform the House.''

Standards of medical care. Question and answer. (Tape No. 199)

Deputy Stuart Syvret of St. Helier asked the Connétable of St. Saviour, President of the Public Health Committee, the following questions -

1.  I s there a set complaints

p ro c e d ure that members of the

p u b li c can follow should they wish to c o m plain about standards of

m e d i ca l care that they have

re c e iv e d and if so would the

P re s i d ent outline it?

 2 .  On average how many complaints a year a r e made concerning health care in the

I s la nd and how long do these complaints u s u ally take to resolve?''

The President of the Public Health Committee replied as follows -

1.  I confirm that my Committee has

ap p r o v ed and implemented a

co m  p r ehensive policy for handling co m  p l aints which has been widely d is tr i b uted throughout the

D e p a rt ment of Health. It is my

C o m m  ittee's policy to provide a

h ig h q uality of care and ensure

th a t a l l who come into contact

w i th th e service are treated with

co u r t e sy and respect. However,

fr o m t ime to time, a minority of

p at i en t s will wish to draw our

at t en t i on to aspects of their

m e d i ca l care and treatment with

w h i ch they were dissatisfied or

co n s i d er might have been improved. M y C o mmittee believes that such co m  m  ents can be valuable in

as s i st in g management and staff to m a i n ta in and develop improved

st a n d a rds of care.

I w  ould stress that the procedures to

w  h ich I refer apply throughout the

h e a lth service provided directly by the P ublic Health Committee. They are not a p p licable to general medical practice n o r to health related services provided b y voluntary organisations.

I w  ill now outline the key elements of

o u r complaints procedure which are b a s ed on the following -

1 . Good communication

G o o d communication is fundamental in o rd e r to minimise

m i su n d erstanding and also serve to es t a b li sh realistic public

ex p e c t ations as to the level of

se r v ic e it is possible to provide

w i th i n available resources. The

co m  m  unication process is designed to e n su re that hospital staff are

fu l ly in volved and aware of the

co m  p l aint and the outcome of any

in v e s ti gation. Underlining these

p ro c e d ures is a need to ensure

p at i en t confidentiality is

m a i n ta ined at all times.

2 . Investigation of co m  p l aints

E a c h H ospital Unit has a

d es i g n ated officer to manage the co m  p l aints procedure and this

o ff ic e r will be made known to

p at i en t s and others if they

in d i c at e they wish to make a

co m  p l aint. This officer is not

d ir e c tl y involved in handling all co m  p l aints, since in most cases th e m a tter is settled by the staff im  m e d iately concerned; for

ex a m  p le, the senior nursing staff if a c o mplaint primarily concerns a n u r si ng problem.

A re c o rd is maintained of all

si g n if i cant complaints, and the

o ff ic e r is responsible for

en s u r in g the proper investigation

o f c o m plaints, but in more serious ca s e s , the Chief Executive and

u n it m  anager would always be

in v o l v ed.

W h e n is it necessary to

in v e s ti gate a complaint, the

o ff ic e r will interview any staff in v o l v ed, frequently will invite th e p at ient concerned to discuss th e p ro blem and the officer will n o t b e denied access to any

re l e v an t records which are

n ec e s s ary to establish a full

p ic t u re of the cause for

co m  p l aint.

In re s p onding to a complaint, the

o ff ic e r will seek the views of the

st a ff re sponsible, and aim to

ag r e e a n appropriate reply which

w o u l d not prejudice the outcome of an y f u rther investigation. Copies

o f a n y correspondence will be made av a i la b le to the staff directly

in v o l v ed.

L e t m e now turn to the question - W H O MAY COMPLAIN?

A n y p erson who is or has been a p at i en t at a hospital (either an

in - p a tient or out-patient), or has re c e iv e d or is waiting to receive an y s e rvices provided by the

D e p a rt ment of Health may make a co m  p l aint.

If t h e p erson concerned has died

o r is u nable to act for

th e m  se lves, then another person m a y re present them. In the case of a c o m p laint received from a third p ar t y - a relative, another

in d i v id ual or organisation - it is es s e n ti al to protect the

co n f i d entiality of patient

in f o rm  ation. Whenever possible it is e s t a blished that the complaint

h as b e en made with the person's fu l l k n owledge and that they have g iv e n permission for the necessary en q u i r ies to be made.

It m  a y be appropriate to reply to a t h ir d party seeking the

p at i en t 's written authorisation, if p o ssible, for the investigation to p ro c eed. If the patient is

in c a p a ble of providing

au t h o r isation, then it is possible to p ro c eed with discretion to

sa f e g u ard confidentiality.

If I m a y now turn to the

P R O C  EDURES involved.

A s I h a ve said, the complaint

sh o u l d normally be addressed to

th e st a ff directly involved. For

ex a m  p le, if a complaint primarily co n c e r ns nursing staff, the first

re s p o n se would normally come from th e S is ter or nurse in charge, and

in i ti a l investigation would be a

re s p o n sibility of senior nurse

m a n a g ers. Similarly, complaints

co n c e r ning medical treatment are

d ir e c te d initially to the

C o n s u ltant responsible for the

p at i en t 's treatment.

T h e f ir st stage of any

co m p l aint will be when -

A p at i ent or their relatives

ex p r e s s misgivings or comment on th e se r vice delivered, and these

ar e o ft en resolved by staff giving an i m m ediate and acceptable

ex p l a n ation of events.

T h e f o llowing steps are then ta k e n -

th e p ro v i sion of an

ex p l a n a ti on as to why the p ro b l e m has occurred;

if a p p r o p riate, the offer of

an y a p o lo gy (without implying li a b il it y ) ;

w h e r e p o ssible, to ensure that ac t io n i s taken to prevent

re c u r re n c e of the problem;

th e p ro v i sion of a note of the co m  p l a in t to the manager of th e d ep a r tment, consultant or se n i o r m  ember of staff.

If t h e p erson cannot or does not w i sh to discuss the matter

d ir e c tly with the staff involved

o r th e Department manager, then th e y ar e invited to contact the

d es i g n ated officer, and be

p ro v i d ed with information on the co m  p l aints procedure.

T h e p a tient may make a complaint b y t e le phone, in person or by

w r it in g . When possible a written re c o r d is made of the complaint, an d t h e patient asked to sign it -

b u t re f usal to do so would not

d el a y i nvestigation of the

co m  p l aint.

If a m e mber of staff or department m a n a g er initially deals with a

co m  p l aint, they should use their

d is c re t ion in deciding whether to n o ti fy the Designated Officer,

d ep e n d ing upon -

th e se r io u sness of the co m  p l a in t;

w h e th er the complainant was sa t is f ie d with an explanation;

th e li k e li hood of recurrences

o r p o s si b le further

co n s e q u e nces.

T h e d e tails forwarded to the d es i g n ated officer should

in c l u d e -

th e ca u s e for complaint; th e ac t io n taken;

th e o u tc o me; e.g. changes in p ro c e d u r es to prevent

re c u r re n c e;

w h e th er the patient was

sa t is f ie d with this outcome.

If t h e d esignated officer

co n s i d ers that the complaint needs fu r th e r investigation, a copy of

th e co m plaint details will be made av a i la b le to the staff directly

in v o l v ed.

T h e c o mplaint will be fully

in v e s ti gated within the shortest

p o ss i b le time, and if necessary

th e st a ff involved interviewed and th e p at ient invited to discuss the

c o m  plaint, possibly with the

st a ff .  

C o m p l aints should be made and

d ea l t w ith as quickly as possible

to e n ab le reliable investigation

an d e f fective management action. Id e a l ly a complaint should be made w e ll w ithin three months of the

in c i d en t giving rise to the

co m  p l aint, since undue delay may p re v e n t a full investigation, but

th e r e i s no absolute time limit if

th e r e i s a reason for delay.

N o w I shall turn to the - re s p o n se to an

in v e s ti gation

T h e p a tient would normally receive an a c k nowledgement within two

d ay s , a nd a further response at

th e ea r liest opportunity, giving

an a d e quate explanation for the

p ro b l e m outlining any action to

re s o lv e the cause for complaint

an d , i f appropriate, offering an

ap o l o g y. Where possible a response w i ll b e provided within three

w e e k s to keep the patient

in f o rm ed - if necessary an interim re p l y w ill be sent to outline the

p ro g r e ss and indicating the likely

ti m e s c ale for a full response.

W h e n a complaint concerns -

(a ) t h e exercise of clinical

ju d g e m  e nt which cannot be re s o lv ed by discussion with th e co n s u ltant concerned;

(b ) t h e conduct of staff which may

b e t h e s u bject of a

d is c ip l i n ary procedure;

(c ) t h e alleged physical abuse of a p a ti e n t;

(d ) a p ossible criminal offence;

(e ) a m atter that has high li k e li h o o d of litigation en s u i n g .

T h e u n it manager is advised w i th o u t delay, so that the co mplaint can be dealt with p ro m  p tly according to the ci r c u m stances.

S h o u ld a patient remain

d is s a ti sfied with the outcome of

th e in v estigation of a complaint

w h i ch has been notified to the

d es i g n ated complaints officer,

th e y m ust be informed that they

m a y re fer the matter to the Unit

M a n a g er. If the matter still

re m  a in s unresolved, the complaint is r e f erred to the Chief

E x e c u tive, who will decide on any fu r th e r action to be taken and if

ap p r o p riate may refer the

co m  p l aint for consideration by a m e m  b er of the Public Health

C o m m  ittee. The complainant may w i sh a n independent representative to su p p ort them in pursuing the

m a t te r with the Public Health

C o m m  ittee.

 2 .  In any one year approximately 50

w  ri tten complaints are received and in t h e vast majority of cases the

i n ci dents are investigated and resolved i n a matter of days. However, in some

o f t he more complex cases, and in

c i rc umstances where there is an

i n d ication that patients are

c o n sidering legal action, the response t im  e can be considerably longer. It

w  il l be appreciated that in such cases

m  y Committee has an obligation to

e n s ure its own legal position is

s a fe guarded. In the case of complaints r e g arding standards of medical care

t h er e is also obligation for the

c l in ician to seek advice from their m  ed ical defence association or other r e le vant medical body. In such

c i rc umstances every step is taken to

t ry and resolve the matter as quickly a s p ossible and to the satisfaction of t h e complainant and the hospital staff a l th ough such cases, few as they are, c a n be time consuming and costly.

M  o re generally my Committee is very

c o n scious of the need to ensure that,

w  h erever possible, the public are

s a ti sfied with the health service they

r e ce ive. During 1992 13,782 patients

w  er e treated as in-patients at the

G  en eral Hospital alone, whilst there

w  er e 137,771 separate attendances at

o u t -patient clinics and the Accident

D  ep artment. It is clear, therefore,

t h at the volume of activity throughout

t h e hospital is very high and it is

a g a inst this context that the level of

c o m plaints should be measured. It

s h o uld also be appreciated that the

n u m ber of letters of appreciation and

c o m mendation on the quality of service

s ig n ificantly out-number letters of

c o m plaint. I am confident that members

o f t his House who have experienced

t re a tment first hand, or through their

o wn families or, indeed, through

c o n tact with the public, will share my

C o m mittee's conviction that the health

s e rv ice available within the Island is

o f a high standard. As some indication

o f q uality of care, on two recent

o c c asions that submissions were made by t h e general hospital to national annual

h e a lth care quality award schemes, each e n tr y was short-listed as a finalist,

f ro m a field in excess of 400

c ompetitors.

I w  ould wish to place on record my full c o n fidence in the quality of care

p r o vided by the Committee's

p r o fessional staff. We will, of course, c o n tinue to strive to improve standards a n d where necessary to respond as

t h o roughly and promptly as possible to c o m plaints from members of the

p u b lic.''

Public Employees Contributory Retirement Scheme: Committee of Management Membership

THE STATES, adopting a proposition of the Establishment Committee, decided in accordance with Regulation 3(5) of the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989, as amended, to approve the appointment of Mr. M.J. Hingston as a Member Representative of the Committee of Management for the period ending 31st December 1994, in place of Mr. M. Nicolle, who had tendered his resignation.

Plémont Café, St. Ouen: transfer of administration

THE STATES, adopting a proposition of the Public Services Committee, approved the transfer from that Committee to the Tourism Committee of the administration of the Plémont Café, St. Ouen .

Field 638B, La Route des Côtes du Nord, Trinity : gift of land

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

 ( a) agreed that the public of the Island

s h o uld accept a gift from Mr. Cyril

A  lf red Le Brun of the freehold of an

a r ea of land measuring approximately 2 , 0 00 square feet and the wall thereon, a l on g the southern boundary of Field

6 3 8 B, La Route des Côtes du Nord,

T r in ity, as shown on Drawing

N  o . 15/T/11, with the public being

r e sp onsible for the payment of all

l e ga l fees, and authorised the Greffier

o f t he States to sign the said drawing

o n behalf of the States;

 ( 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 might be found necessary to pass i n c onnexion with the said land and any i n te rests therein;

 ( c) authorised the payment of all legal

e x p enses to be incurred in connexion w  it h the acquisition of the said land

f ro m the Roadside Walls and Banques V o te No. C0939.

Motor Vehicle Registration (Jersey) Law 1993.

P.116/93.

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

Liberation 50th Anniversary celebrations. P.106/93, P121/93 and P.123/93

THE STATES commenced consideration of the proposition of the Occupation and Liberation Committee regarding the Liberation 50th Anniversary celebrations and accepted an amendment of Deputy Graham Huelin of St. Brelade that in paragraph (b) of the proposition, after

the words St. Helier '' there should be added

the words which will include a permanent memorial of a suitable theme to commemorate the liberation of the Island, the design of which

will have received the specific approval of the States''.

THE STATES, on the proposition of Senator Richard Joseph Shenton, deferred consideration of a further amendment proposed by the Occupation and Liberation Committee until the next Sitting, when a further report would be available from the Committee.

THE STATES thereupon adopted the proposition in connexion with the 50th Anniversary of the Liberation of the Island from enemy occupation

in 1995 and -

 ( a) approved the establishment of a

p e rmanent exhibition of the Liberation T a p estry in E Store, New North Quay, S t . Helier;

 ( b) approved the establishment of a

p e r manent Liberation Square in front of

t h e Tourism Department, St. Helier ,

w  h ich will include a permanent memorial

o f a suitable theme to commemorate the

l ib e ration of the Island, the design of

w  h ich will have received the specific

a p p roval of the States; and

 ( c) authorised the planning of a programme f o r the celebration of the 50th

A  n niversary of the Liberation of the

I s la nd up to a maximum expenditure of

£1 5 0,000;

as set out in the report dated 6th July 1993.

Compensation claims by ex-internees. P.107/93

THE STATES, adopting a proposition of Senator John Stephen Rothwell -

 ( a) expressed their support of claims for

c o m pensation made on behalf of those

c i vi lian residents of Jersey who were

d e p orted from the Island during the

G er man Occupation to internment camps i n G ermany, contrary to international

l a w ;

 ( b) agreed to request Her Majesty's

G  o vernment to make further

r e p resentations to the German

G  o vernment on behalf of the ex-

i n te rnees in respect of their claims.

Members present voted as follows -

P o u r'' (44) Senators

S henton, Binnington, Horsfall, Baal,

R othwell, Le Main, Le Maistre, Carter, S tein, Quérée, Chinn.

Connétable s

 S t. John, St. Clement, St. Lawrence, St.  O uen, St. Brelade , St. Martin, St. Peter ,  G rouville, St. Helier , St. Saviour ,

 T rinity.

Deputies

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

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

P eter, H. Baudains(C), Buesnel(H), St.

O uen, Coutanche(L), Huelin(B), Jordan(B), S t. Mary, Bailhache (H), Rabet(H), S.

B audains(H), Le Fondré(L), St. Martin,

W alker(H), Crespel(H), Trinity .

C o n tre'' (0)

Deputy Stuart Syvret of St. Helier abstained from voting.

Interception of Communications (Jersey) Law 1993 (Appointed Day) Act 1993. P.108/93

THE STATES, in pursuance of Article 12 of the

Interception of Communications (Jersey) Law

1993, made an Act entitled the Interception of Communications (Jersey) Law 1993 (Appointed Day) Act 1993.

Wills and Successions (Jersey) Law 1993 (Appointed Day) Act 1993. P.109/93

THE STATES, having agreed to suspend Standing Order No. 47, accepted an amendment of Senator Corrie Stein that the Law should come into force on 1st September 1993, and in pursuance of Article 25 of the Wills and Successions (Jersey) Law 1993, made an Act entitled the Wills and Successions (Jersey) Law 1993 (Appointed Day) Act 1993.

Royal Court (Amendment No. 7) (Jersey) Law 1993. P.110/93

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Royal Court (Amendment No. 7) (Jersey) Law 1993.

Criminal Justice (Compensation Orders) (Jersey) Law 1993. P.111/93

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Criminal Justice (Compensation Orders) (Jersey) Law 1993.

Field 1243A, Mont à l'Abbé, St. Helier : approval of drawings. P.112/93

THE STATES, adopting a proposition of the Housing Committee -

 ( a) approved drawings Nos. 2906/6, 9, 14,

1 5 D , 20D, 21E, 22E, 23D, 24D, 25D, 26E, 2 7 A , 28E, 31 and 33, showing the

d e v elopment of Field 1243A, Mont à

l 'A b bé, St. Helier to provide 24 two-

b e d room flats, 38 three-bedroom houses

a n d one four-bedroom group home, and

a u th orised the Greffier of the States

t o s ign the said drawings on behalf of

t h e States;

( b) authorised the Finance and Economics C o m mittee to make available bridging f in a nce under Article 7(1)(e) of the

P u b lic Finances Administration (Jersey) L a w 1967, as amended; and

 ( c) authorised the Attorney General and the G  re ffier of the States to pass the

n e c essary contracts.

St. Paul's Gate, St. Helier : development. P.113/93

THE STATES, adopting a proposition of the Housing Committee -

 ( a) authorised the Housing Committee to

e n te r into agreements with St. Paul's

A  ss ociation and Lynnfield Developments L i m ited to provide for the construction

o f 1 7 two-bedroomed flats, with

a n c illary storage and car parking, on

l a nd owned and to be acquired by the

p u b lic, in manner hereinafter

d e s cribed, at Dumaresq Street, St.

H  el ier, adjacent to St. Paul's School,

a s s hown on drawing No. SK/1;

( b) authorised the exchange without charge b e tw een the public and St. Paul's

A  ss ociation of areas of land each

m  ea suring approximately 1,033 square

f e et , within the said area as shown

m  ar ked A' and B' on drawing No. SK/2;

 ( c) authorised the purchase on behalf of

t h e public from Lynnfield Developments L i m ited of an area of land at Dumaresq

S t re et, St. Helier, adjacent to St.

P a u l's School, and shown marked C' on d r a wing No. SK/2, for a consideration

o f £ 200,000, and the payment to the

s a id company of a further sum of

£1 , 296,000 in respect of the

d e v elopment costs of the project

d e s cribed in paragraph (a);

( d) authorised -

( i) the extinguishment of an existing ri g h t o f way enjoyed in perpetuity b y S t . Paul's Association over

p u b li c land within the area shown

o n d r a wing No. SK/1; and

( ii ) the creation of new rights of way fo r t h e benefit of St. Paul's

A s s o ci ation in perpetuity and for

th e b en efit of Lynnfield

D e v e lo pments Limited for 999 years w i th i n the said area;

 ( e) authorised the lease on behalf of the

p u b lic to St. Paul's Association of an

a r ea of land measuring 600 square feet a n d shown marked D' on drawing

N  o . SK/2 for a period of 99 years, at

a n a nnual rental of £1, for use for car

p a r king purposes;

 ( f) authorised the lease on behalf of the

p u b lic to the Jersey Electricity

C o m pany Limited of an area of land

m  ea suring 300 square feet, and shown m  ar ked E' on drawing No. SK/2 for a p e r iod of 99 years, at an annual rental

o f £ 1, for the purpose of constructing

a n e lectricity sub-station;

( g) authorised -

( i) the Greffier of the States to sign d ra w  in gs Nos. SK/1 and SK/2 on b eh a l f of the States;

( ii ) the Attorney General and the

G r e ff ie r of the States to pass on b eh a l f of the public such

co n t r a cts as it might be found

n ec e s s ary to pass in connexion w i th th e transactions aforesaid;

( h) authorised the Finance and Economics C o m mittee to make available bridging f in a nce under Article 7(1)(e) of the

P u b lic Finances (Administration)

( J er sey) Law 1967, as amended.

Election literature: assisted postal delivery. P.114/93

THE STATES rejected a proposition of Senator Antony Beresford Chinn that candidates seeking election to the States of Jersey should be provided with assistance by the States for

postal delivery of election literature.

Members voted as follows -

P our'' (5) Senators

 Q uérée, Chinn. Connétable

 S t. Helier.

Deputies

 S . Baudains(H), Syvret(H).

C o n tre'' (39) Senators

S henton, Binnington, Horsfall, Baal,

R othwell, Le Main, Le Maistre, Carter, S tein.

Connétable s

S t. John, St. Clement, St. Lawrence, St. O uen, St. Brelade , St. Martin, St. Peter , G rouville, St. Saviour , Trinity .

Deputies

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

N orman(C), St. John, St. Peter, H.

B audains(C), Buesnel(H), St. Ouen,

C outanche(L), Huelin(B), Jordan(B), St.

M ary, Bailhache (H), Rabet(H), Le Fondré(L), S t. Martin, Walker (H), Crespel(H), Trinity .

Limited Liability Companies (Registration Fees) (No. 2) (Jersey) Regulations 1993. P.115/93

THE STATES, in pursuance of Article 1 of the Limited Liability Companies (Registration Fees) (Jersey) Law 1967, as amended, made Regulations entitled the Limited Liability Companies (Registration Fees) (No. 2) (Jersey) Regulations 1993.

Channel Islands Services Limited: lease at St. Helier Harbour. P.119/93

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

 ( a) approved the lease to Channel Islands S e r vices Limited (Huelin Renouf

S h i pping) of 20,000 square feet of land s it u ated in St. Helier Harbour on the

V  ic toria Pier shown in blue on Plan

N  o . V.W.1, for a period of 42 years

c o m mencing 1st October 1993, at 80p a s q u are foot, subject to review every

fi v e years, to enable the said company

t o c onstruct and maintain a steel-

f ra m ed warehouse/transit shed at its

o w  n expense;

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

n e c essary contracts on behalf of the

p u b lic;

 ( c) authorised the Treasurer of the States t o r eceive the payments as they become d u e .

Adjournment

THE States then adjourned, having agreed that the outstanding items of Public Business should stand over until the next Sitting, and that D'Hautrée School: rezoning and purchase of land (P.117/93) be considered immediately before the matters already set down for debate at that Sitting.

THE STATES rose at 7.10 p.m.

C . M . N E W C O M BE D e p u ty Greffier of the States.