States Minutes 25th May 1993

STATES MINUTES 25t h M ay 199 3 P ri c e : £ 1.00

T HE STATES assembled on Tuesday, 25t h May 1993 at 9.30 a.m. under

t he Presidency of the Bailiff ,

S i r P eter Crill, C.B.E.

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All Members were present with the exception of -

S enator John Stephen Rothwell - out of the I sland.

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

M ichael Adam Wavell, Deputy of St.

S aviour - out of the Island.

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

T homas James Jordan, Deputy of St.

B relade - ill.

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P r aye rs

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Visitors - welcome

The Bailiff welcomed to the States Miss Mary Justine Morais from Kuala Lumpur, Malaysia, who worked as an Assistant Secretary to the

Secretary General of the Malaysian Trades Union Congress, and Miss Sofronia Diputado, who worked as a Co-ordinator for Plan International, Cebu,

in the Philippines.

Both were sponsored by the Overseas Aid Committee and were currently on a twelve month study secondment at Ware College, Hertfordshire.

Subordinate legislation tabled

The following enactments were laid before the States, namely -

1 . Civil Service

A d m inistration (Salaries) (Amendment N o . 13 ) (Jersey) Order 1993. R & O 8541.

2 . Road Traffic (Public Parking

P l a ces) (Amendment No. 26) (Jersey) O r der 1993. R & O 8542.

3 . Road Traffic (Saint Helier)

( A m endment No. 21) (Jersey) Order 1993. R & O 8543.

4 . Fire Service (General

P r ovi sions) (Amendment No. 15) (Jersey) O r der 1993. R & O 8544.

Animals (Trapping) (Jersey) Law 1961 - petition (P.47/93 revised): report. P.67/93

The Agriculture and Fisheries Committee, by Act dated 11th May 1993, presented to the States a report on the petition of Jersey Animal Aid, the J.S.P.C.A., Jersey Feline Friends and others asking that certain amendments be made to the Animals (Trapping) (Jersey) Law 1961.

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

Strategic Policy - Review and Action Plan 1993: supplement. R.C.17/93

The Policy and Resources Committee, by Act dated 4th May 1993, presented to the States a supplement to the Strategic Policy - Review and Action Plan for 1993, setting out the policy objectives of the Committees of the States.

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

Motor Traffic Department annual report for 1992. R.C.18/93

The Defence Committee, by Act dated 6th May 1993, presented to the States the Motor Traffic Department annual report for 1992.

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

Fisheries report for 1992. R.C.19/93

The Agriculture and Fisheries Committee, by Act dated 29th April 1993, presented to the States

the Fisheries report for 1992.

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

Industrial Relations Advisory Service report for 1992. R.C.20/93

The Industrial Relations Advisory Committee, by Act dated 11th May 1993, presented to the States the Industrial Relations Advisory Service report for 1992.

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

States of Jersey Fire Service Report for 1992.

The Defence Committee, by Act dated 20th May 1993, presented to the States, for information, the States of Jersey Fire Service Report for 1992.

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 17th May 1993, showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

( a) as recommended by the Public Health C om mittee, the renewal of the lease

f rom Mrs. Anne Dorothy Taylor , née

B r ooks bank, of the two-bedroomed

pr op erty La Cachette, Route de

C at illon, Grouville , for a period of

one y ear from 8th December 1992, at an annua l rent of £9,328.57;

( b) as recommended by the Public Health

C om mittee, the renewal of the lease

f rom Mr. Robert George Day of the four- bedr oomed property The Dower House, C l os des Arbres, La Rue de la Retraite,

S t . S aviour, for a period of one year

f rom 1st April 1993, at an annual rent

of £ 13,500.

Matters lodged

The following subjects were lodged au Greffe'' -

1 . Minimum wage and redundancy

paym ents (P.35/93): amendment. P.66/93. P r es ented by Deputy D.L. Crespel

of S t. Helier.

2 . Draft Licensing (No. 7) (Jersey) R egul ations 199 . P.68/93.

P r es ented by the Tourism

C om mittee.

3 . Draft Housing (Amendment No. 7)

( Je r sey) Law 1993 (Appointed Day) Act 1993. P .69/93.

P r es ented by the Housing

C om mittee.

4 . 16 Val Plaisant, St. Helier :

appr oval of drawings. P.70/93. P r es ented by the Housing

C om mittee.

5 . Cable television licensing. P .71/ 93.

P r es ented by the

T el ecommunications Board.

Minimum wage and redundancy payments (P.35/93): amendment. P.42/93 - withdrawn.

The States noted that Deputy David Leon Crespel of St. Helier had withdrawn his amendment (P.42/93) to the proposition of Senator Richard Joseph Shenton regarding minimum wage and redundancy payments, having lodged a revised amendment (P.66/93) at the present Sitting.

Arrangement of Public Business for the next Sitting on 8th June 1993

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

next Sitting on 8th June 1993 -

G reen lanes. P.38/93.

L odged: 30th March 1993. C onnétable of St. Peter .

E lizabeth and Mont Orgueil Castles:

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

L odged: 11th May 1993.

P ublic Services Committee.

D raft Housing (Amendment No. 7)

( Jersey) Law 1993 (Appointed Day) Act 1993. P .69/93.

H ousing Committee.

1 6 Val Plaisant, St. Helier : approval

o f drawings. P.70/93.

H ousing Committee.

C able television licensing. P.71/93. T elecommunications Board.

S pringfield, St. Helier : development p lan and purchase of land. P.63/93. L odged: 11th May 1993.

I sland Development Committee.

S pringfield, St. Helier : development

p lan and purchase of land (P.63/93) -

r eport of the Springfield Working Party. P resented: 11th May 1993.

I sland

D evelopment Committee

States loan home-owners. Question and answer (Tape No.187)

Senator R.J. Shenton asked Deputy L. Norman, President of the Housing Committee the following question -

Is the President aware of the financial

h ardship being faced by local States loan

h ome-owners by the increase in the rate of i nterest charged on their existing

m ortgages by the States?''

The President of the Housing Committee replied as follows -

I am not aware of any States' loan

b orrower facing financial hardship as a

r esult of rates of interest charged under

t he States' loan scheme. Indeed, I would be v ery surprised if such hardship existed,

g iven that the scheme is specifically

d esigned to take account of the financial

c ircumstances of borrowers.

I should advise the States that currently

t here are 3,234 borrowers under the scheme

a nd the amount loaned by the States is

c urrently of the order of £70 million.

S ince my Committee took office some two and a half years ago, we have made 505 loans,

c ompared with only 58 for the three years

i mmediately preceding our taking office.

F urther, we have approximately 300

a dditional loan properties in our

d evelopment programme, most of which are

c urrently under construction.

I nterest rates charged vary according to

t he individual circumstances of the

b orrowers and the maximum anybody can pay i n repayments is one-third of income.

T he scheme enables my Committee to

c harge interest rates as low as three per

c ent where circumstances warrant this. For

e xample, if a borrower's income reduces -

e .g. through unemployment, move to lower

p aid work, wife leaving work to have a

b aby, etc., the interest rate charged is

r educed accordingly. Clearly, this is a

v ery generous provision of the scheme and

o ne which no commercial lender offers. This f lexibility to reduce interest rates,

c ombined with the requirement that no

b orrower can make repayments which exceed

o ne-third of income, ensures against a

b orrower suffering financial hardship as a

r esult of interest rates charged under the

s cheme.''

Cab and taxi fares. Questions and answers (Tape No.187)

Senator R.J. Shenton asked Deputy W.A. Wavell, President of the Defence Committee the following questions -

1. Wi ll the President bring to the

S tat e s pr oposals to publish zonal taxi and c ab fares at all ranks?

2 . Will he also bring into line both cab and t axi fares in order to remove

conf usion from the public's mind?

3 . Is the President aware that taxi fares

i n J ersey compare favourably with areas i n t he United Kingdom and in Guernsey and w ill he publish the graph issued by t he r elevant authorities?''

The President of the Defence Committee replied as follows -

1. S igns have been displayed at the

ha r bour and airport ranks for a

num be r of years detailing fares

fr om t h ese ports to popular

de s t inat ions. More recently the

T ax i D rivers' Association have

er ect ed signs at Broad Street and the W ei ghbridge ranks giving

si m i l ar information of fares to

di f fer i ng destinations and have

di s tr i but ed around 4,000 leaflets to t o ur ists and locals with

inf or m ation regarding fares and

the s e r vice they provide. The

S en at o r will know that cabs are not per mitted to stand or pick up fr om r anks as fares differ from thos e of rank taxis, therefore,

an y publ ication would further

co nf us e the public and would be of li tt le us e.

2 . I am sure the Senator is aware of the

pr op osals contained in the Gwilliam

r ep ort and the proposed taxi and cab

r eg ulations which were prepared whilst he w as President of Defence. Both the

  r eport and projet recommend the

i nt egr ation of the two systems and a

com mon fare structure, this bringing

pr ivat e hire fares under the control of

t he C ommittee. However, until a

deci sion has been reached by this House over the future of traffic and

t rans port, this appears unlikely to

happe n.

3 . I am aware that local taxi fares

com pare favourably with some parts of

t he U nited Kingdom and Guernsey and the S enator will, I am sure, have heard the

f our -minute broadcast on Radio Jersey

on 19t h May regarding this subject. The

r ep ort and survey you refer to was in

f ac t conducted by Which Magazine in the U n i ted Kingdom. However, it has proved a ve ry useful document for comparison

pur poses. The graph was sent to the

J er s ey Evening Post on 19th May for

t he i r attention.''

Crossbows. Question and answer (Tape No.187)

Senator R.J. Shenton asked Deputy W.A. Wavell, President of the Defence Committee the following question -

Will the President inform the States of

t he likely date for discussing legislation

t o control the sale and use of crossbows?''

The President of the Defence Committee replied as follows -

Some years ago, in response to the

e mergence of crossbow shooting as a

r ecreational sport, the Defence Committee c onsidered the need for controlling the

a cquisition and possession of crossbows.

C onsequent upon lengthy discussions it was a greed that provision should be made within t he proposed Firearms Law to enable the

D efence Committee, to respond to evidence

o f public danger arising from the use of

w eapons, including crossbows.

T he draft Law, (which is to be presented to

t he States later this year) would, if

a pproved in its current form, allow the

D efence Committee to introduce a licensing s ystem covering any class of weapon which m ay be deemed to be especially dangerous to t he public.

I t is stressed that the concerns which were e xpressed some years ago regarding

c rossbows have not been realised, indeed t here have been very few incidents

i nvolving such weapons, and it is

e mphasised that there is no conclusive

e vidence to show that a crossbow was

i nvolved in the very recent incident where i njuries were caused to a horse.

N ote - The term weapon' as used above, is i ntended to cover weapons which are not

c overed by the legal definition of a

f irearm, e.g. crossbows and weapons which m ight be developed in the future).''

La Motte Ford Garage, La Rue à Don, Grouville : lease

THE STATES, adopting a proposition of the Housing Committee -

( a) agreed to lease to La Motte Ford

L i m ited, the site of the La Motte Ford G a r age at La Rue à Don, Grouville , for a pe riod of one year commencing 25th Mar ch 1993 at an annual rent of

£ 35,00 0;

( b) authorized the Greffier of the States t o s ign the necessary lease with the

com pany;

( c) authorized the Treasurer of the States t o r eceive the rent as it became due.

The Very Reverend B.A. O'Ferrall, C.B., Dean of Jersey - retirement.

The Bailiff , on behalf of all the States Members and Officers of the States, paid tribute to the service which the Very Reverend B.A. O'Ferrall had given to the Island and the States during his term of office as the Dean of Jersey and wished him a long and happy retirement.

The States adjourned to attend a farewell

reception and presentation.

Strategic Policy - Review and Action Plan 1993. P.60/93

THE STATES commenced consideration of a proposition of the Policy and Resources Committee on the Strategic Policy - Review and Action Plan 1993 and -

1 . adopted the Action Plan for the economy s et out in paragraphs 3.0-3.31 of the

r ep ort;

2 . confirmed the key objectives in respect of social policies set out in paragraph

4.0 of the report;

3 . in connexion with the

envi ronmental policies set out in par agraphs 5.0-5.6 of the report -

( a ) agreed that, when the States were recons tituted in December 1993,

the I s la nd Development Committee sh oul d be given strategic and co-

or di n at ing responsibility for all

en vi r onm ental policies;

( b ) requested the Island

D eve lopment Committee, in

co ns ul tation with the Policy and

R es our ces Committee, to present to

the S tat es a report and

pr opos ition recommending the

ap poi n tment of a States

E nvi r o nmental Adviser who would be ba s ed i n the office of the Chief

A dvi ser to the States of Jersey.

Members present voted on paragraph 1 as follows -

  P our ' ' (34) Senators

S henton, Jeune , Horsfall, Carter, Stein, C hinn.

Connétable s

S t. John, St. Clement , St. Lawrence , St. M ary, St. Brelade , St. Martin , St. Saviour .

Deputies

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

M artin, Le Geyt(S), Walker (H), Crespel(H), P ullin(S), Trinity .

C ont r e'' (4)

Senator

Q uérée

Deputies

B uesnel(H), Grouville , Syvret(H).

Members present voted on paragraph 3 as follows -

  P our ' ' (39) Senators

S henton, Jeune , Binnington, Horsfall, Baal, L e Maistre, Carter, Stein, Quérée, Chinn.

Connétable s

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

Deputies

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

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

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

B ailhache(H), Rabet(H), Clarke-Halifax(S), S t. Martin, Le Geyt(S), Walker (H),

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

C ont r e'' (3)

Deputies

B uesnel(H), Grouville , Syvret(H).

THE STATES adjourned at 5.10 p.m. until the next day, Wednesday 26th May 1993 at 9.30 a.m.

G .H .C . C O P P O C K G r ef fi e r of the States.