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STATES MINUTES 2 7 t h A p ri l 1993
T HE STATES assembled on Tuesday, 2 7th April 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 -
S enator Richard Joseph Shenton - out of the
I sland.
S enator Terence John Le Main - absent.
S enator Anthony Beresford Chinn - out of
t he Island.
D erek Ryder Maltwood, Deputy of St. Mary -
o ut of the Island.
P atricia Ann Bailhache , Deputy of St.
H elier - out of the Island.
S tuart Syvret, Deputy of St. Helier - ill.
_ _ _ _ _ _ ______
P r a y e rs
_ _ _ _________
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Post Office (General Provisions)
( A m endment No. 37) (Jersey) Order 1993. R & O 8534.
2 . Post Office (Foreign Parcel Post
P r o visions) (Amendment No. 15) (Jersey) O rd er 1993. R & O 8535.
3 . Collective Investment Funds (Permit
F e e s) (Jersey) Order 1993. R & O 8536.
Social Security Committee - appointment of member
THE STATES appointed Deputy Evelyn Mabel Pullin of St. Saviour to serve on the Social Security Committee.
States Committees' vote transfers, inflation and pay awards
THE STATES noted an Act of the Finance and Economics Committee dated 19th April 1993, informing the House of decisions taken under sub-paragraph (a)(i), and (ii) of paragraph (2),
of Article 18 of the Public Finances (Administration) (Jersey) Law 1967, as amended.
Annual report and accounts of the States of Jersey for 1992
The Finance and Economics Committee by Act dated 5th April 1993, and in pursuance of Article
21(3) of the Public Finances (Administration) (Jersey) Law 1967, as amended, presented to the States the annual accounts of the States of
Jersey for the financial year ended 1992.
THE STATES ordered that the said report and accounts be printed and distributed.
Telecommunications Board report for 1992
The Telecommunications Board, by Act dated 26th March 1993, presented to the States its annual report for 1992.
THE STATES ordered that the said report be printed and distributed.
Committee for Postal Administration report for 1992
The Committee for Postal Administration, by Act dated 14th April 1993, presented to the States
its annual 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 19th April 1993 showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Island
D ev elopment Committee and in accordance w it h an Act of the States dated 25th
A u gust 1992, the purchase from the
R o y al Jersey Agricultural and
H o rticultural Society of 8,920 square
f e et of land at the Springfield/Robin
H o od Junction, St. Helier , shown
o u t lined in pink on drawing No. 366/1/B
w it h full vacant possession not later
t h an 1st October 1993, required for
r o a d improvement purposes, for the sum
o f £ 100,000, with the Committee being
r e sp onsible for accommodation works and t h e payment of legal fees;
( b) as recommended by the Island
D ev elopment Committee, the lease from t h e Royal Jersey Agricultural and
H o rticultural Society of 14,320 square
f e et of land adjacent to Springfield,
S t . Helier, shown outlined in green on
d r a wing No. 366/1/B for a maximum
p e r iod of 12 months at a rent
e q u ivalent of £10,000 a year, the rent
f o r the first six months to be paid
m o nthly in advance with the option of
t h e tenant to terminate the tenancy on
o n e month's notice thereafter, the land
t o b e used by the contractors to
f a ci litate the construction of the new
r o a dworks;
( c) as recommended by the Island
D ev elopment Committee the lease from M a cpor Developments Limited of Flat 2, 2 9 Midvale Road, St. Helier for a
p e r iod of six months from 25th March
1 9 9 3, at a rent of £1,534 a quarter and
w it h an option to renew on a monthly
b a s is thereafter, for occupation by an
e s s ential employee;
( d) as recommended by the Island
D ev elopment Committee the lease from
M r . Iain Charles McKay and Mrs. Wendy A n n McKay, née Le Sueur, of Le Grand
M o urier Cottage, St. John for the
p e r iod 15th March 1993 to 30th May
1 9 9 4, at an annual rent of £10,400 a
y e a r, with a lessee's one year option
t o r enew, for occupation by an
e s s ential employee.
Matters noted - financial transactions
THE STATES noted Acts of the Finance and Economics Committee dated 19th April 1993, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that -
( a) the Education Committee had accepted t h e lowest of six tenders, namely that
s u b mitted by Charles Le Quesne (1956) L i m ited, in the adjusted sum of
£1 , 739,231 in respect of Phase 1 of the
r e p airs to Les Quennevais School;
( b) the Housing Committee had accepted the s e c ond lowest of nine tenders, namely
t h at submitted by J.P. Mauger Limited
i n a contract period of 36 weeks, in
t h e sum of £538,226 for alterations and
e x te nsions to Trinity School. (The
l o w est tenderer Mark Amy Limited
w it hdrew its tender).
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Projet de Loi (199 ) (Amendement N o . 11) sur l'Etat Civil. P.53/93.
P r e sented by the Comité de
l 'E t at Civil.
2 . ÿDraft Social Security
( A m endment No. 10) (Jersey) Law 199 . P . 5 4/93.
P r e sented by the Social Security
C o m mittee.
3 . Liquid waste disposal: policy
r e p ort. P.55/93.
P r e sented by the Public Services C o m mittee.
4 . Contributory unemployment b e n efit scheme. P.56/93.
P r e sented by Senator C. Stein.
Elizabeth and Mont Orgueil Castles:
transfer of management to Jersey Heritage Trust. P.45/93
THE STATES acceded to the request of the President of the Public Services Committee that consideration of the proposition regarding the transfer to the Jersey Heritage Trust of the management of Elizabeth Castle and Mount Orgueil Castle be deferred from the present Sitting.
Arrangement of Public Business for the next Sitting on 11th May 1993
THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the
next Sitting on 11th May 1993 -
P arish Rate Appeals P.135/92. L odged: 15th September 1992. S enator R.R. Jeune .
W elfare benefits for unemployed
p ersons. P.49/93.
L odged: 13th April 1993.
D eputy M.C. Buesnel of St. Helier.
P rojet de Loi (199 ) (Amendement N o. 11) sur l'Etat Civil. P.53/93. C omité de l'Etat Civil.
D raft Social Security (Amendment N o. 10) (Jersey) Law 199 . P.54/93. S ocial Security Committee.
L iquid waste disposal: policy report. P .55/93.
P ublic Services Committee.
C ontributory unemployment benefit s cheme. P.56/93.
S enator C. Stein.
F airview Farm Limited, Maufant, St. S aviour: construction of agricultural b uildings. P.57/93.
A griculture and Fisheries Committee.
Abortion Law Review
The President of the Public Health Committee
made a statement in the following terms -
1. M embers will recall that the
P u b li c Health Committee, in its
F iv e Y ear Policy Report which was ap p r o v ed by this House on 25th
A u g u s t last year, stated that it
in t e n d ed to present to the States
a d i sc u ssion paper to open up
p u b li c debate on the implications
o f in t r oducing an abortion law in
Je r s e y , having regard to the fact
th a t o v er 300 Jersey residents
o b ta i n ed abortions in England each
y ea r .
2 . As a first step the Committee sought
t h e advice of H.M. Attorney General on t h e present law in Jersey, and I would
l ik e to take this opportunity to thank
M r . Bailhache for his considered
o p i nion and help. Secondly, a Working
P a r ty on Unplanned Pregnancy was
e s ta blished, in order to determine
w h ether action could be taken to help
r e d uce the incidence of unplanned
p r e gnancy. Recommendations of the
W o rking Party are currently being
f in a lised in respect of improved family p l an ning services, education and
c o u nselling.
3 . My Committee does not believe that
t h is problem will be wholly resolved
t h ro ugh these efforts and, sadly, some
w o men will inevitably find themselves
f a ce d with an unwelcome pregnancy and w il l travel to the United Kingdom for
a n a bortion. For this reason, it is
c o n sidered that the law in regard to
a b o rtion needs to be reviewed. The
v i ew s of the Jersey Council of Churches a n d other religious bodies have already
b e e n sought and my Committee has met w it h their representatives. I would
l ik e to thank all concerned for their
v a lu able contribution to date.
4 . I can also report that meetings have
ta k en place with health care
p r o fessionals and it is intended that
f u rt her discussions take place in order
t h at the Committee be in a position to
b r in g a report before the States later
t h is year. This report should provide a
s o u nd basis for informed discussion and f u rt her consultation throughout the c o m munity on this most difficult
s u b ject. It is intended that firm
p r o posals be put to the States for d e b ate next year.''
La Caroline, St. Mary
The President of the Island Development Committee made a statement in the following terms -
1. I ntroduction
M e mbers of the House will recall that, i n F ebruary 1991, a Special Committee
o f I nquiry was set up to inquire into
t h e course of events which led to my C o m mittee granting change of use
c o n sent for a haulage, plant hire and
d e m olition contractors depot at the
s it e of La Caroline in the Parish of
S t . Mary.
T h i s followed objections from local
r e si dents about environmental problems a s s ociated with the use, and questions
i n t he House by Senator Rothwell about h o w consent was granted.
2 . Report of Special Committee
T h e report of the Special Committee,
p u b lished in June 1991, concluded that
t h er e was no procedural irregularity or
i m p ropriety in my Committee's handling
o f t he case, but was critical of the
a c tu al decision to grant consent,
h a v ing regard to the ensuing
e n v ironmental problems.
A lt hough not within its remit, the
r e p ort of the Special Committee
c o n cluded with certain recommendations,
o n e of which was that the States should
a c q uire the shed, demolish it, and re-
i n te grate the area into the surrounding
a g r icultural land.
3 . Island Development Committee response t o I nquiry Report
I n m y Committee's response to the
r e p ort (July 1991), a number of points
w er e disputed and the reasons why
p e r mission had been granted were re- e x p lained, including the fact that the
b u i lding at La Caroline had previously b e e n used for an agricultural
c o n tractors and haulage business for
s o m e 20 years (through a period of
s e v en Committees) and was not,
t h er efore, a typical' agricultural
s hed in the countryside. Also that no
o b j ections had been raised on the
a p p lication by the Department of
A g riculture, who stated that the
b u i lding ..... had never been used
f o r agricultural purposes''.
A lt hough these and other stated
f a ct ors were submitted as reasonable
c o n siderations underlying the grant of c o n sent, my Committee did accept that t h er e had been environmental problems s in c e the approval in February 1988.
A t the time of this statement, there
w as a pending Royal Court appeal by the
o w ners against one of the planning
c o n ditions attached to the permit (a
p er sonal use' condition), and it was
p o i nted out that the outcome of such an
a p p eal could affect the value of the
s it e , if the States were indeed to
c o n sider site acquisition. The matter
w as therefore held in abeyance.
4 . Current position
T he current position is that the
s a id appeal has not been proceeded
w it h, the previous beneficial owners of
O ak Tree Developments Limited have left t h e Island, and the site is now owned
b y Batisse Limited, who it is
u n d erstood had previous security over
t h e property. The site and buildings
a r e presently vacant, with a current
a u th orised use for a haulage/plant hire
a n d demolition contractor's depot. The
c u r rent asking price for the overall
s it e , including the bungalow at the
f ro n t, is £400,000.
5 . Recent applications
D u ring the last year my Committee h a s refused three applications for use
o f t he site for alternative commercial
p u r poses, including a joiner's
w o rkshop, an engineering workshop and a b u i lder's depot. Residents' objections
h a d been received on all three
a p p lications. A previous application to
r e d evelop the site for six new
d w ellings was also refused back in
M a rch 1991.
6 . Current application
A n application has now been submitted f o r demolition of the existing shed
( c o mprising 4,000 square feet floor
s p a ce plus 1,400 square feet lean-to)
a n d its replacement by one two-storey d w elling of traditional design and
c o m prising approximately 3,000 square f e et floor space. The proposal would
i n v olve both the existing bungalow and p r o posed new dwelling being connected t o m ains drains.
A s part of the consultation procedure
o n this application, the Agriculture
D ep artment raised objections on grounds t h at the proposal would involve loss of
a n a gricultural shed in which two local
f a rm ers have previously expressed an
i n te rest.
I n r esponse, my Committee sent an Act t o t he Agriculture Committee stating -
( i) that the building has an
au t h o r ised commercial' use and ca n n o t therefore be described as an a g r icultural shed;
( ii ) that the Agriculture Department
h ad p r eviously raised no
o b je c ti ons to the application for
th e h au lage/plant hire use in
1 9 8 7 , and at that time stated that
th e b u ilding had never been used fo r a g r icultural purposes'';
( ii i) that the Island Development
C o m m ittee would have no objections to th e building being used for
ag r i c u ltural purposes by either of
th e fa r mers mentioned, but
co n s i d ered it unlikely that a
fa r m e r would be willing to pay the
as k i n g price;
( iv ) that if the authorised
h au l a g e/plant hire use was
re a c ti v ated, the previous
en v i r o nmental problems could ar i se .
It was pointed out that, unlike
t h e previous applications for
a l te rnative commercial uses, only one r e si dent's letter of objection had been r e ce ived on the current application,
a n d this from one of the farmers
m en tioned. The Agriculture and
F i s heries Committee has responded by c o n firming that the building should
r e v ert to agriculture.
7 . Conclusion
O n balance, my Committee has decided t h at , because the current proposal
w o uld involve extinguishment of the
e x is ting commercial use, at no expense t o t he States, and would also involve a s ig n ificant environmental improvement, i t in tends to grant development
p e r mission. However, in view of the
s e n sitive history of the site, my
C o m mittee wish to notify the States of t h is decision before the formal consent i s is sued.''
Supplementary and additional votes of credit
THE STATES considered an Act of the Finance and Economics Committee dated 19th April 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
£ £
Policy and Resources Committee
6 507 Waterfront Enterprise
B o a rd 1 0 0 , 000
Finance and Economics Committee
W elfare Service
0 500A Payments 8 0 0 ,000 0 500B Administration costs
(p a r is hes) 3 0 , 000
T o t a l re quest 830,000
S A
£ £
Education Committee
S tructural maintenance
3 096 General maintenance and em e r gencies 1 99,000
Etat Civil
4 702 Premises 1 8 , 700
Legislation Committee
5 901 Consultancy fees 2 6 ,0 0 0
CAPITAL VOTES OF CREDIT Public Services Committee
C 0352 Beauport Bay - potato
le a c h ate 4 0 0 , 0 0 0
Island Development Committee
C 0903 Acquisition and servicing
o f la n d 2 5 0 ,000
The total requests granted for the April Supply Day amounted to £1,823,700.
Fairview Farm Limted, Maufant, St.
Saviour: construction of agricultural buildings. P.57/93
The States commenced consideration of a proposition of the Agriculture and Fisheries Committee regarding the construction of additional agricultural buildings at Fairview Farm, Maufant, St. Saviour. On the proposition of Deputy Terence Ahier Jehan of St. Martin, the proposition was lodged au Greffe''.
Family Nursing Services and Jersey Home Helps (Amalgamation) (Jersey) Law 1993. P.46/93
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Family Nursing Services and Jersey Home Helps (Amalgamation) (Jersey) Law 1993.
Traffic and transport policy. P.33/93. Committee of the Whole House
THE STATES, on the proposition of the President of the Policy and Resources Committee, resolved into a Committee of the Whole House in order to discuss the Report on Traffic and Transport Policy, presented by the Policy and Resources Committee on 16th March 1993.
THE STATES rose at 1.05 p.m.
G re f fi e r o f the States.