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STATES MINUTES 2 6 t h O ct ober 1993
T HE STATES assembled on Tuesday, 26th October 1993 at 9.30 a.m. under
t h e Presidency of the Bailiff ,
S i r P eter Crill, C.B.E.
_ _ _ _ _ _ ______
All Members were present with the exception of -
E nid Clare Quenault, Connetable of St. B relade - out of the Island.
T homas James Jordan, Deputy of St. B relade - out of the Island.
_ _ _ _ _ _ ______
P r a y e rs
_ _ _ _ _ _ ______
Deputy S. Syvret - complaint of allegations against Members
The Bailiff advised the States that, following
an approach by two senior Senators (namely Senators R.R. Jeune , O.B.E. and B.T. Binnington) concerning certain allegations regarding States' Members that had apparently been made by Deputy S. Syvret, he had thought the matter sufficiently serious to be referred to the
Acting Attorney General.
The States agreed that the Acting Attorney General should consider the matter and report back. The Acting Attorney General invited any Members who had specific information about the matter to submit the details to him in writing.
Distinguished visitors - welcome
The Bailiff welcomed to the States the
Conseiller Ambassade D'Allemagne in Paris, Herr G.F. de la Croix, together with his family who were visiting the Island.
Senator P.F. Horsfall - appointment as Acting
Hon. Treasurer of the Commonwealth Parliamentary Association
The Bailiff , on behalf of the States,
congratulated Senator Pierre Francois Horsfall
on his appointment as Acting Honorary Treasurer of the Commonwealth Parliamentary Association.
Subordinate legislation tabled
The following enactment was laid before the States, namely -
P ilotage (Dues and Fees) (Amendment N o. 5) (Jersey) Order 1993.
R & 0 8597.
Committee of Inquiry into circumstances leading to the release from contract of the former Chief Executive Officer of the Sport, Leisure and Recreation Department - resignation and re- appointment
The Bailiff informed the States that it had been brought to his attention that his role as President of the aforementioned Committee of Inquiry was incompatible with his duties under Article 45 of the States of Jersey Law 1966 to deal with refusals to answer questions or produce papers to a Committee of Inquiry.
Accordingly he had no alternative but to resign from the Committee, which meant that the Committee must also resign.
The States accepted the resignations and, on a proposition of Senator Pierre François Horsfall, Senator Bernard Thomas Binnington was appointed as President of the Committee.
Thereupon the States, on a proposition of
Senator Bernard Thomas Binnington, appointed the undermentioned as members of the Committee -
S enator Bernard Thomas Binnington - P resident
S enator Anne Baal
S enator Antony Beresford Chinn
A rthur Philip Querée, Connétable of St. O uen
D eputy John Le Gallais of St. Saviour .
Public appointments - petition (P.66/91): report of the Policy and Resources Committee. P.168/93
The Policy and Resources Committee, by Act dated 19th October 1993, presented to the States its report on the proposition of Deputy Maurice Clement Buesnel, following a petition by Mr. Barrie Raymond Cooper, with regard to public appointments that had been referred to the Legislation Committee by the States on 23rd
April 1991.
THE STATES ordered that the said report, which recommended that the prayer of the petition be rejected, be printed and distributed.
Financial support for unemployed persons (P.49/93 and P.56/93): report of the Policy and Resources Committee. P.169/93
The Policy and Resources Committee, by Act dated 19th October 1993, presented to the States a
report on financial support for unemployed
persons in response to two propositions, adopted by the States on 11th May 1993, from -
( a) Deputy M.C. Buesnel (P.49/93), and ( b) Senator C. Stein (P.56/93).
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 18th October 1993, showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Housing
C o m mittee, the purchase from J.C.N. I n v estments (Jersey) Limited of six
t w o -bedroomed flats, six car parking
s p a ces, external stores and drying area a t 2 6 Winchester Street, St. Helier,
f o r a total sum of £550,000 with each p a r ty being responsible for its own
l e ga l costs;
( b) as recommended by the Education
C o m mittee, the lease from Mr.
C h r istopher Julian Tudor Davey of the
t h re e-bedroomed property La Robinette, S t . Aubin's High Street, St. Brelade ,
f o r a period of four months from 1st
O ct ober 1993 at a monthly rental of
£8 0 0, with an option to renew;
( c) as recommended by the Public
H ea lth Committee, the renewal of the
l e as e from Mrs. Monica Billot
C o t illard, née Le Quesne, of the two-
b e d roomed property L'Hermitage Farm F l a t, Les Varines, St. Saviour, for a
p e r iod of one year from 23rd April 1993 a t a n annual rent of £7,020;
( d) as recommended by the Public
S e r vices Committee, the purchase from M r s. Collette Le Boutillier Cooke, née B e n est, of 495 square feet of land at
L a Moye View, Mont de la Pulente, St. B r e lade, for a consideration of £495,
w it h the Committee being responsible f o r all reasonable legal fees involved
i n t he transaction and for the cost of
t h e accommodation works;
( e) as recommended by the Public
S e r vices Committee, the purchase from M r . Harry Hall ewell Baudains of 2,861 s q u are feet of land in Field 284, St.
C l e ment, for a consideration of £5,000, w it h the Committee being responsible f o r all reasonable legal fees involved
i n t he transaction;
( f) as recommended by the Public
S e r vices Committee, to enter into an A g reement with Mr. Harry Hall ewell B a u dains for the right across land in
F i e ld 284, St. Clement, and the right t o r e-route existing services thereon, f o r a consideration of £2,000 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
S e r vices Committee, the purchase from t h e Parish of St. John of 552 square
f e et of land at Rue des Buttes, St.
J o h n, for a consideration of £552, with t h e Committee being responsible for all r e as onable legal costs involved in the
t ra n saction;
( h) as recommended by the Public
S e r vices Committee, the lease to Mr.
J u s tin Richard Lloyd-Jones of a site
m ea suring approximately 4,200 square f e et on which his timber bungalow
R a madi' was erected, adjacent to the
B e a umont Pumping Station, St. Peter ,
f o r a period of nine years from 1st
J a n uary 1993, at an annual rent of
£6 8 3.80, paid half-yearly in advance on
1 s t January and 1st July each year and s u b ject to triennial reviews in line
w it h the Jersey Cost of Living Index.
( i) as recommended by the Education
C o m mittee, to enter into a lease with
t h e Trustees of the Congregation of St. G eo rge's Church for 0.34.18 vergées of l a nd in Field 789, St. Ouen for a
p e r iod of nine years commencing 22nd O ct ober 1993 at an annual rent of £135, p a y able yearly in advance, also to pay
t o t he Church a sum of £500 for the
b e n efit of the temporary use as a
b u i lders' yard during the construction
o f t he extension to Les Landes School,
p l u s the payment of all reasonable
l e ga l fees and the cost of all
a c c ommodation works including
r e in statement of the field and boundary a t t he end of the lease.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Amendment (No. 16) to the T a r iff of Harbour and Light Dues. P . 1 62/93.
H ar bours and Airport Committee.
2 . Draft Harbours (Amendment
N o . 22) (Jersey) Regulations 199 . P . 1 63/93.
H ar bours and Airport Committee.
3 . Draft Boats and Surf-Riding
( C o ntrol) (Amendment No. 9) (Jersey) R e g ulations 199 . P.164/93.
H ar bours and Airport Committee.
4 . Jersey Wildlife Preservation T r u st: extension of loan. P.165/93. F i n ance and Economics Committee.
5 . Social Security - trilateral
a g r eement between Jersey, Guernsey and N ew Zealand: draft Exchange of
L e t ters. P.166/93.
S o c ial Security Committee.
6 . Draft Parish Rate (Jersey) Law 1 9 9 . P.167/93.
C o m ité des Connétable s.
7 . States Members allowance and i n co me support: publication of i n fo rmation. P.170/93.
S e n ator R.J. Shenton.
8 . Committee Presidents: voting
p rocedure for elections. P.171/93. S e n ator R.J. Shenton.
9 . Destructive insects and pests: c o m pensation. P.172/93.
A g riculture and Fisheries
C o m mittee.
1 0 Draft Parish Rate (Jersey) Law
1 9 9 (P.167/93): amendment. P.173/93. D ep uty R.E.R. Rumboll of St.
H el ier.
THE STATES noted that the following subjects had been lodged au Greffe'' on 19th October 1993 -
W aterfront Enterprise Board: report
a nd recommendations. P.160/93
P resented by the Policy and Resources C ommittee.
D raft Firearms (Jersey) Law 199 . P.161/93 P resented by the Defence Committee.
Arrangement of Public Business for the present Sitting
THE STATES decided not to grant the request of the President of the Social Security Committee that the following subject, lodged au Greffe''
on 12th October 1993, should be considered at the present Sitting but agreed that it should be taken into consideration at the next Sitting on 9th November 1993 -
D raft Social Security (No. 2) (Jersey) R egulations 199 . P.159/93.
L odged: 12th October 1993.
S ocial Security Committee.
Arrangement of Public Business for the next Sitting on 9th November 1993
THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the
next Sitting on 9th November 1993 -
D raft Sea Fisheries (Jersey) Law 199 . P .153/93.
L odged: 12th October 1993.
A griculture and Fisheries Committee.
D raft Territorial Sea (Consequential
P rovisions) (Jersey) Law 199 . P.154/93. L odged: 12th October 1993.
P olicy and Resources Committee.
T raffic and transport policy:
t ransfer to Public Services Committee. P .156/93.
L odged: 12th October 1993.
P olicy and Resources Committee.
D raft Social Security (No. 2)
( Jersey) Regulations 199 . P.159/93. L odged: 12th October 1993.
S ocial Security Committee.
W aterfront Enterprise Board: report
o n recommendations. P.160/93.
L odged: 19th October 1993.
P olicy and Resources Committee.
D raft Amendment (No. 16) to the
T ariff of Harbour and Light Dues. P.162/93. H arbours and Airport Committee.
D raft Harbours (Amendment No.
2 2) (Jersey) Regulations 199 . P.163/93. H arbours and Airport Committee.
D raft Boats and Surf-Riding (Control)
( Amendment No. 9) (Jersey) Regulations 1 99 . P.164/93.
H arbours and Airport Committee.
J ersey Wildlife Preservation Trust: e xtension of loan. P.165/93.
F inance and Economics Committee.
S ocial Security - trilateral
a greement between Jersey, Guernsey and New Z ealand: draft Exchange of Letters.
P .166/93.
S ocial Security Committee.
D raft Parish Rate (Jersey) Law 1 99 . P.167/93.
C omité des Connétable s.
D raft Parish Rate (Jersey) Law 199
( P.167/93): amendment. P.173/93.
D eputy R.E.R. Rumboll of St. Helier.
S tates Members allowance and income s upport: publication of information.
P .170/93.
S enator R.J. Shenton.
C ommittee Presidents: voting
p rocedure for elections. P.171/93. S enator R.J. Shenton.
With regard to the proposal that the proposition of the Waterfront Enterprise Board: report on recommendations (P.160/93) be taken on 9th November 1993, Members present voted as follows -
P o u r'' (43) Senators
J eune, Binnington, Horsfall, Baal,
R othwell, Le Main, Le Maistre, Carter, S tein, Chinn.
Connétable s
S t. John, St. Clement, St. Lawrence, St. M ary, St. Ouen, St. Martin , St. Peter,
S t. Helier, St. Saviour .
Deputies
L e Gallais(S), Rumboll(H), Wavell(S),
N orman(C), St. John, St. Peter, H.
B audains(C), Buesnel(H), Le Sueur(H), St. O uen, Coutanche(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 o n tre'' (8) Senators
S henton, Quérée. Connétable s
G rouville, Trinity . Deputies
B eadle(B), Blampied(H), Grouville , S yvret(H).
Police request for £100,000 towards cost of Newall murder enquiry. Statement.
The President of the Defence Committee made a statement in the following terms with regard to a request being made by that Committee for supplementary votes of credit totalling £100,000 to cover the costs of the Newall murder
enquiry -
Since the reopening of the Newall murder e nquiry in 1992 a team of Detectives
t ogether with a small number of major
e nquiry room staff have continued to
i nvestigate these two murders.
T he enquiry is computerised and 2,640
a ctions have been raised and cleared,
i nvolving the taking of 660 witness
s tatement, the creation of 1,679 documents, 8 0 telex messages and over 100 police
o fficers' reports.
E vidence has been collected from 15
d ifferent jurisdictions, involving officers
t ravelling away from the Island to
d estinations in Europe, North America,
S outh America, and the Falkland Islands.
T he total number of air journeys undertaken s ince the beginning of 1993 are 84.
T he cost of new examinations undertaken by f orensic scientists exceeds £7,000 and the
c ots of utilising the H.O.L.M.E.S. computer s ystem in Devon and Cornwall was £1,150.
O f the total of about £90,000 already spent t o date, one third is overtime costs,
a nother third is the costs associated with
t ravel, accommodation, and subsistence for
o fficers required to work abroad, the
r emainder is fees, equipment costs, indeed a whole range of expenses associated with r unning a major enquiry.
A s far as the hire of air transport is
c oncerned, the decision not to utilise
p ublic air transport was not taken lightly, a nd the costs involved, given the careful c onsideration by the Police of security,
t he number of officers required to satisfy t he carrier, and the control by the Police
o f the ultimate destination in the event of b ad weather, meant that the transfer was a chieved at a lesser cost by hiring an
a ircraft.
T he House may be interested to note that as f ar as staff costs are concerned the only
o utside assistance which the States Police h ave sought from other Police Forces has
b een to review the progress of the enquiry u tilising consultancy teams from Senior
D etective Officers of the Devon and
C ornwall Constabulary.
O n one such visit Assistant Chief Officer M arks was advised that an enquiry at the
s tage it was at the time of the review
w ould justify a further twenty staff.
C onscious of the cost implications of
f unding that increase the decision was made t o carry on with a small increase drawn
f rom local officers.
I am entirely satisfied that these
e nquiries which could not have been
b udgeted for, have been managed carefully, a nd I am sure that the House will be
g rateful to those Police Officers who I can a ssure the House have given total
d edication to resolving this important case
o nce and for all, and whilst some might
t hink it is glamorous work to travel the
w orld, I know that the absences have placed a considerable strain on their families.
P ublicly, as the facts unfold, I know great p ride will be held in the way our Police
f orce has actually handled this complex
i nvestigation.
Supplementary and additional votes of credit
THE STATES considered an Act of the Finance and Economics Committee, dated 4th October 1993, presenting Acts of the undermentioned Committees and, acceding to the requests contained therein,
granted to the said Committees supplementary (S) and additional (A) votes of credit out of the general reserve as follows -
S A
£ £
Finance and Economics Committee
Welfare Service
0 500A Payments 1 , 0 50,000
Non-departmental expenditure
0 603 Court and case costs,
fe e s a nd expenses 3 2 0 , 0 0 0
T o t a l re quest 1,370,000
S A
£ £
Committee of Inquiry
7 100 Costs and expenses 3 5 ,0 0 0
Defence Committee
Police
1 201 Staff 4 2 ,1 0 0
1 203 Supplies and services 2 ,2 0 0 1 204 Transport 5 5 ,7 00
T o t a l re quest 100,000 Education Committee
Scholarships, grants and cost
of higher education
2 856 Grants to students 8 0 0 ,000
Public Health Committee
Community Health Services
3 203 Supplies and services 1 6 0,000
Grants - Community Care Services
3 214 Alcohol Advice Centre 40,000 3 219A Les Amis 5 0 ,0 0 0
T o t a l re quest 250,000
Agriculture and Fisheries Committee
Administration, Research, Advisory
and Development
4 103 Supplies and services 1 1 , 500
Direct Aid
4 138 Compensation - animal and p la n t health 1 6 ,700
T o t a l re quest 28,200
S A
£ £
Island Development Committee
Administration
5 207 Expenses in respect of laws
o p er a ted by the Committee 63,000
Establishment Committee
States' Personnel Department:
Computer Services Division
5 123 Supplies and services 5 0 ,000
Industrial Relations Committee
6 301 Staff 3 , 2 0 0
Occupation and Liberation Committee
6 701 General expenses 2 3 0 , 000 Telecommunications Board
4 500 Operating expenses 3 4 0 ,300 CAPITAL VOTES OF CREDIT
Public Services Committee
C 0349 Bouley Bay cliff face st a b il isation 391,000
Total request granted £391,000 Public Health Committee
C 2764 New central laundry 1 6 1 ,200 C 2797 General Hospital nurses
h o m e refurbishment 1 , 3 50,000
T o t a l re quest 1,511,200
CAPITAL INFLATION REQUEST Public Health Committee
C 2764 New central laundry 2 1 9,000
The total requests granted for the
October Supply Day amounted to £5,390,000, excluding pay awards of £3,357,600; revenue inflation of £1,941,400; and capital inflation
of £1,019,700 - which itself totalled £6,318,700 and which the Finance and Economics Committee had delegated powers to approve. The deferred Supply items amounted to £475,000.
Change of Presidency
The Bailiff retired from the Chamber during consideration of the supplementary and additional votes of credit, and the Sitting continued under the Presidency of Senator Reginald Robert Jeune , O.B.E.
La Hougue Bie restoration: additional vote of credit. P.176/93
THE STATES deferred consideration of the request of the Island Development Committee for an additional vote of credit in the sum of £75,000
to aid the restoration of La Hougue Bie (Vote
5217 - Environmental Conservation).
The proposition relative thereto was lodged au Greffe'' by Senator Pierre François Horsfall.
Power Station - automation: additional vote of credit. P.175/93
THE STATES deferred consideration of the request of the Public Services Committee for an
additional vote of credit in the sum of £400,000
for the automation of the power station (Vote CO494).
The proposition relative thereto was lodged au Greffe'' by Senator Nigel Lewis Quérée.
Disabled persons' carrying lift at Fort Regent: approval of drawings
THE STATES, adopting a proposition of the Sport, Leisure and Recreation Committee -
( a) approved drawings Nos. 1845/8 and /9 s h o wing the provision of a disabled
p e r sons' carrying lift between Fort
R e g ent main reception forecourt and the P i e r Road multi-storey car park;
(b) authorised the Greffier of the States
t o s ign the said drawings on behalf of t h e States.
Alzola, No. 2 Belle Vue Villas, Upper Kings Cliff, St. Helier: purchase
THE STATES, adopting a proposition of the Island Development Committee -
( a) authorised the purchase of the property
A lz ola, No. 2 Belle Vue Villas, Upper
K in gs Cliff, St. Helier (as shown on
d r a wing No. 407/1) from the daughters
o f t he late Mr. George Bernardes, Mrs.
P a u la Vaughn, née Bernardes, Mrs. Linda N u dler, née Bernardes, and Mrs. Susan
S a n chez, née Bernardes, for the sum of
£2 4 5,000 with each party being
r e sp onsible for its own legal fees;
( b) authorised the Attorney General and the 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 payment of the amount s p e cified from the Island Development C o m mittee Capital Vote of Credit
C . 0 904 - Acquisition of Land (Major
R e s erve);
( d) authorised the transfer of the property t o t he administration of the Public
H ea lth Committee.
100 Halkett Place, St. Helier : transfer of administration
THE STATES, adopting a proposition of the Public Services Committee, approved the transfer from the Public Services Committee to the Island Development Committee of the administration of the property, 100 Halkett Place, St. Helier.
Field 454A, St. Saviour: purchase of land
THE STATES rejected a proposition of the Public Services Committee -
( a) to authorise the Committee to negotiate w it h the owner for the purchase of
1 , 0 65 square feet of land at Field
4 5 4 A, St. Saviour, for the purpose of
c o n structing a visibility splay at the
j u n ction of La Route de la Hougue Bie
a n d La Rue de la Hambie, as indicated
o n drawing No. MS.232/2, at a fair and
p r o per price to be agreed by the
F i n ance and Economics Committee, and w h ich had sought also to authorise the
G re ffier of the States to sign the said
d r a wing on behalf of the States;
( b) to agree that, in the event of it not
b e in g possible to agree a fair and
p r o per price with the owner of the
p r o perty, the Public Services Committee s h o uld be empowered to acquire the land b y compulsory purchase in accordance
w it h the Compulsory Purchase of Land
( P r ocedure) (Jersey) Law 1961, as
a m e nded;
( c) to authorise the payment or discharge
o f a ny expenses incurred in connexion
w it h the acquisition of the said land
a n d of all interests therein and the
p a y ment of legal expenses from the
I s la nd Development Committee's vote of c r ed it C.0904 Acquisition of land -
M a jor Reserve';
( d) to authorise the Attorney General and t h e Greffier of the States to pass on
b e h alf of the public any contract that
i t m ight be found necessary to pass in c o n nexion with the acquisition of the
s a id land and any interests therein.
Members present voted as follows -
P o u r'' (20)
Senators
B innington, Le Main, Le Maistre, Stein.
Connétable s
S t. John, St. Mary, St. Helier , St. S aviour.
Deputies
L e Gallais(S), Rumboll(H), Wavell(S),
N orman(C), H. Baudains(C), Buesnel(H), H uelin(B), Clarke-Halifax (S), St. Martin,
L e Geyt(S), Walker (H), Pullin(S).
C o n tre'' (28)
Senators
S henton, Horsfall, Baal, Rothwell, Carter, Q uérée, Chinn.
Connétable s
S t. Clement, St. Lawrence, St. Ouen, St. M artin, St. Peter , Grouville , Trinity .
Deputies
B lampied(H), St. John, St. Peter, Le
S ueur(H), St. Ouen , Coutanche(L), St. Mary, B ailhache(H), Rabet(H), Grouville , Le
F ondré(L), Syvret(H), Crespel(H), Trinity .
Change of Presidency
The Sitting resumed after lunch under the Presidency of the Bailiff .
Deputy S. Syvret - complaint of allegations against Members: statement
Deputy Stuart Syvret made a statement in the following terms -
The Acting Attorney General has shown me t he letter which he received from Senator
J eune and Senator Binnington.
I have not had the opportunity to refer to t ranscripts which are, I understand, being p rocured.
H owever, even if I made the statements of w hich complaint is made, I never intended t o allege corruption against any Member or M embers of this Honourable House, and I a pologise for any offence I have obviously c aused.''
Maternity entitlement in employment - code of good practice. P.44/93
Maternity entitlement in employment - code of good practice: report of the Special Committee on Sex Discrimination. P.157/93
THE STATES, adopting a proposition of Senator
Corrie Stein, approved the voluntary Code of
Good Practice for Maternity Entitlement in Employment, dated 2nd April 1993, as recommended by the Special Committee on Sex Discrimination.
Compulsory Purchase of Land (Fees) (Jersey) Regulations 199 . (P.152/93) and amendment
THE STATES commenced consideration of the Compulsory Purchase of Land (Fees) (Jersey) Regulations 199 , and adopted the preamble.
Regulation 1 was adopted, the States having accepted an amendment of the Legislation Committee that, after the words four hundred'' in sub-paragraph (a), there should be inserted the words and ten'' and, after the words two hundred'' in sub-paragraph (b), there should be inserted the words and five''.
Regulations 2 and 3 were adopted.
THE STATES, in pursuance of Article 14 of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, as amended, made Regulations entitled the Compulsory Purchase of Land (Fees) (Jersey) Regulations 1993.
Data Protection (Regulation of Financial Services etc.) (Subject Access Exemption) (Amendment No. 2) (Jersey) Regulations 199 . P.155/93
THE STATES, in pursuance of Articles 29 and 40 of the Data Protection (Jersey) Law 1987, as amended, made Regulations entitled the Data Protection (Regulation of Financial Services,
etc.) (Subject Access Exemption) (Amendment No. 2) (Jersey) Regulations 1993.
THE STATES rose at 15.05 p.m.
G .H .C . C O P P O C K G re f fi e r o f the States.