States Minutes 28th September 1993

STATES MINUTES 2 8 t h S e ptember 1993

T HE STATES assembled on Tuesday, 28th September 1993 at 9.30 a.m. under t h e Presidency of the Bailiff ,

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

_ _ _ _ _ _ ______

His Excellency the Lieutenant Governor,  Air Marshal Sir John Sutton, K.C.B.,

w a s p r e sent.

_ _ _ _ _ _ ______

All Members were present with the exception of -

S enator Bernard Thomas Binnington - out of t he Island.

S enator Corrie Stein - out of the Island.

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

_ _ _ _ _ _ ______

P r a y e rs

_ _ _ _ _ _ ______

The Very Reverend Canon J.N. Seaford, B.A., Dip. Theol., Dean of Jersey - welcome.

The Bailiff , on behalf of the Members of the States, welcomed the newly appointed Dean, The Very Reverend Canon John N. Seaford, B.A., Dip. Theol.

The Bailiff also extended thanks to The Reverend Barry Giles, the Dean Substitute.

Visitors - welcome

The Bailiff welcomed to the States Mr. D. Dumaresque B.A., M.A., M.H.A., a Member of the Newfoundland and Labrador (Eagle River District) House of Assembly, who was visiting the Island together with his wife.

The Bailiff also welcomed to the States members of the Jersey Federation of the Women's Institute who were members of the Committee of Public Affairs and Environment within the Institute.

Committee of Inquiry into circumstances leading to the release from contract of former Chief Executive Officer of Sport, Leisure and Recreation Department.

The Bailiff made a statement in the following terms -

  The States will recall that, on 10th

 A ugust 1993, they agreed to appoint a

 C ommittee of Inquiry under Article 30 of

 t he States of Jersey Law 1966 to inquire

 i nto the circumstances which led to Miss

M ary Frances Alexander, Chief Executive

 O fficer of the Sport, Leisure and

 R ecreation Department, being released from  h er contract of employment, and the reasons  f or agreeing to the settlement reached and

 t o report thereon to the States.

T he Committee has given very full

c onsideration to the conduct of the

I nquiry, and, following advice received,

h as decided as far as possible to conduct

t he proceedings in accordance with six

p rinciples enunciated by the Royal

C ommission on Tribunals of Inquiry under

L ord Justice Salmon which reported in 1966. T his information was communicated in a

p ublic statement on 31st August 1993. In

t hese circumstances the Committee has

a dvised the Sport, Leisure and Recreation

C ommittee, the Education Committee and the E stablishment Committee that they should

o btain legal advice regarding the evidence

t hat they present to the Inquiry. As is

n ormal practice, the Committees will be

a dvised by the Law Officers' Department and m ay be represented by an officer of that

D epartment before the Committee of Inquiry. T he Committee of Inquiry is similarly

e ntitled to advice from the Law Officers,

b ut such an arrangement might give rise to

a conflict of interests. Therefore, in

o rder to avoid any such conflict arising,

t he Committee has decided that it should

a ppoint independent legal counsel. As a

C ommittee of the States, the Committee of

I nquiry is bound by Article 20 of the

P ublic Finances (Administration) (Jersey) L aw 1967, as amended, and cannot employ c ounsel until the States have voted the

n ecessary funds.

T he Committee has also agreed, in

a ccordance with the six principles referred t o earlier, to meet the reasonable costs of w itnesses who might be prejudicially

a ffected by the proceedings to the extent

t hat these costs are incurred on matters

f alling within the parameters of the

I nquiry, as determined by the Committee's l egal adviser. Such witnesses are likely to b e few in number, and, in the main, would b e represented by officers of the Law

O fficers Department who will not be

c harging for their services. However, those k ey witnesses (such as Miss Alexander

h erself) who will not be so represented,

w ill incur legal costs, and the Committee

c onsiders that these costs should be borne b y the public, within the limits defined

e arlier, so as to ensure the essential

f airness of the proceedings to all

c oncerned.

I n order to concentrate the hearings into

a s short a space of time as possible, the

I nquiry will require transcripts to be

p repared at the end of each sitting,

n ecessitating the appointment of highly

t rained stenographers for a limited period. T hese services are not available locally

a nd the Committee is seeking to second a t eam of two stenographers with Computer A ided Transcription skills for one week to c arry out the task.

A s I have said on 31st August 1993,

t he Committee issued a full statement of

t he manner in which it proposed to conduct t he Inquiry. It had already began to

c ollect written evidence from the parties

c oncerned and this process continues. Some w ritten evidence has already been provided b y States Departments and, before she went

o n annual leave, Crown Advocate S.C.

N icolle was able to put together some of

t he evidence of the Committees that she is a dvising. Because of leave and other

p ressing personal and commercial

c ommitments, Advocate P. de C. Mourant, a cting on behalf of Miss Alexander,

r equested that proceedings be delayed so

t hat he could prepare the evidence to be

p resented by Miss Alexander. Until all the r elevant written evidence has been received a nd considered by the Committee it cannot u sefully proceed to hear oral evidence.

T he Committee of Inquiry has now held

f our meetings and has a clear idea of its

w ay forward. However, as was mentioned

e arlier, the Committee is bound by the

P ublic Finances (Administration) (Jersey)

L aw 1967 and cannot incur expenses without b eing granted a vote of credit by the

S tates. In order to obtain such a vote of

c redit it is required to produce an

e stimate of the costs that it is likely to

i ncur, and the process of presenting these

e stimates is under way. To assist the

C ommittee in preparing its estimates, I

h ave arranged for a local advocate to

e xamine the papers provided to date, with a v iew to advising on the potential scope of

t he Inquiry and the costs of legal

r epresentation. It is intended that this

a dvocate will be appointed as the

C ommittee's legal adviser, once the States

h ave voted the necessary funds.

B ecause of the delays in receiving all

t he written submissions, the absence from

t he Island of some members of the

C ommittee, the commitments of Advocate

M ourant, the absence on leave of Advocate

N icolle and the financial considerations,

t he original date upon which the Committee

h ad hoped to start the Inquiry - 15th

S eptember 1993 - had already been changed, a s the statement of 31st August disclosed.

U ntil the States have voted the necessary

f unds under the Public Finances

( Administration) (Jersey) Law 1966, as

a mended, the Committee cannot set a new

t imetable for its hearings, and it will be

p resenting a request for an additional Vote

o f Credit at the Supply Day on 26th October

1 993. The Committee wishes to make it clear t hat its decision about when to start the

h earings has not been influenced by the

d ates of the forthcoming Public Elections.

A ccordingly, while the Committee would have p referred, and was ready, to proceed with

t he Inquiry earlier, circumstances beyond

i ts control have prevented it from doing

s o.''

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Health Insurance (Pharmaceutical

B e n efit) (General Provisions)

( A m endment No. 2) (Jersey) Order 1993. R & O 8577.

2 . Cremation (Fees) (Jersey) Order 1 993. R & O 8578.

 3 .  Ancillary Dental Workers

( R e gistration) (Fees) (Jersey) Order 1 9 9 3. R & O 8579.

 4 .  Nursing Agencies (General

P r o visions) (Amendment No. 9) (Jersey) O  rd er 1993. R & O 8580.

 5 .  Old Persons's Homes

( R e gistration) (Fees) (Jersey) Order 1 9 9 3. R & O 8581.

 6 .  Establishments for Massage or

S p e cial Treatment (Licence Fees) ( J er sey) Order 1993. R & O 8582.

 7 .  Food and Drugs (Ice-Cream Stalls

e t c. ) (Amendment No. 14) (Jersey) Order 1 9 9 3. R & O 8583.

 8 .  Import and Export (Control)

( A m endment) (Jersey) Order 1993. R & O 8 5 8 4.

 9 .  Tourism (General Provisions)

( A m endment No. 2) (Jersey) Order 1993. R & O 8585.

 1 0. Diseases of Animals (Importation

o f L ive Fish) (Amendment) (Jersey)

O  rd er 1993. R & O 8586.

 1 1. Miscellaneous Diseases of

A  n imals (Amendment No. 2) (Jersey)    O rder 1993. R & O 8587.

 1 2. Road Racing (Motor Vehicle R a l ly) (Jersey) Order 1993.

R & O 8588.

 1 3. Road Traffic ( Grouville )

( A m endment No. 9) (Jersey) Order 1993. R & O 8589.

 1 4. Prison (Amendment No. 12)

( J er sey) Rules 1993. R & O 8590.

Criminal Injuries Compensation Board. R.C.28/93

The Defence Committee, by Act dated 9th September 1993, presented to the States a report on the operation of the the Criminal Injuries Compensation Board for the period 1st May to 31st December 1992.

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

Jersey Dental Scheme. R.C.29/93

The Social Security Committee, by Act dated 11th August 1993, presented to the States a report on the operation of the Jersey Dental Scheme for the period 1st November 1991 to 31st December 1992.

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

Welfare benefits: revised rates from 1st October 1993. R.C.30.93

The Finance and Economics Committee, by Act dated 20th September 1993, presented to the States a report setting out the revised rates of welfare benefit from 1st October 1993.

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

States of Jersey Police Force: report for 1992

The Defence Committee, by Act dated 9th September 1993, presented to the States a report on the States of Jersey Police Force for the

year 1992.

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

Liberation 50th Anniversary celebrations - sculpture. P.141/93

The Occupation and Liberation Committee, by Act dated 21st September 1993, presented a report to the States on the sculpture for the Liberation 50th Anniversary celebrations (P.123/93).

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

Colomberie House, St. Helier - purchase. P.142/93

The Island Development Committee, by Act dated 16th September 1993, presented to the States a revised report on the purchase of Colomberie House, st. Helier (P.118/93).

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

Agricultural and horticultural industry - future policy. Comments. P.143/93

The Finance and Economics and Policy and Resources Committees, by Acts dated

6th and 21st September 1993, respectively, presented to the States their comments on the agricultural and horticultural industry - future policy. (P.125/93).

Matters noted - land transactions

THE STATES noted  Acts of the Finance and Economics Committee dated 27th August, 6th and 20th September 1993, showing that in pursuance of Standing Orders relating to certain

transactions in land, the Committee had

approved -

 ( a) as recommended by the Public

H  ea lth Committee, the renewal of the

l e as e from Mrs. Doris May Perchard, née S y m ons, of the three-bedroomed property D o rita, Manor Park Road, St. Helier,

f o r a period of one year from 1st

A  u gust 1993, at an annual rent of

£7 , 614;

 ( b) as recommended by the Public

S e rvices Committee, the lease from Mr. A  n ley John Dorey Richardson of a

s to r age/packing shed at Les Tihelles,

S t . Ouen, for a further period of three

y e a rs with effect from 1st April 1993,

a t r ents of £3,100, £3,200 and £3,300

f o r each successive year of the a g r eement, to be paid yearly in a d v ance;

 ( c) as recommended by the Tourism

C o m mittee, the lease to Advocate David

F i s her Le Quesne, executor of the late

M  r s. Bridget Carré, née Kelly, of

C o l leen's Café, Grève de Lecq, St.

O  u en, for a period of one year from

2 5 t h December 1992 until 24th December 1 9 9 3, at an annual rent of £3,000 to be

p a id six-monthly in advance;

( d) as recommended by the Sport, Leisure a n d Recreation Committee, the purchase f ro m Mr. Graham Douglas Thorne of

a p p roximately 2.35 vergées of land in

F i e ld 512, St. Brelade, for the sum of

£1 1,750, with the Committee being

r e sp onsible for all reasonable legal

c o s ts involved;

( e) as recommended by the Sport, Leisure a n d Recreation Committee, the purchase f ro m Mrs. Lillian May Harlow, née

F o s sey, of approximately 0.7 vergées of l a nd in Field 541, St. Brelade, for the

s u m of £3,500, plus compensation in the s u m of £500, with the Committee being r e sp onsible for all reasonable legal

c o s ts involved;

   ( f) as recommended by the Harbours and

A  ir port Committee, the passing of a

c o n trat de bornement between the public

o f t he Island as owners of No. 15 Gorey

P i e r, St. Martin, and Mr. Deryk Anthony H  ai thwaite and Mrs. Diana Margaret

H  ai thwaite, née Eastwick, owners of

N  o . 14 Gorey Pier, St. Martin , in order

t o -

1 . declare party ownership of the g ab l e c himneys;

2 . establish rights of access on to

p u b l ic property to repair exposed p ar t s o f the east gable;

3 . agree that the window on the rear

o f N o . 14 should remain as

es t a b li shed;

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

A  n thoine Guiton and Mrs.Eugenie

C l e mentine Modestine Guiton, née

B e s nard, of  No. 9 Francis Street/43

C o l omberie, St. Helier, required for

r o a d improvement purposes for the sum

o f £ 232,250, with the Committee being

r e sp onsible for the payment of legal

f e es , and the resale to Mr. Pierre

A  n thoine Guiton and Mrs. Eugenie

C l e mentine Modestine Guiton, née

B e s nard, of the area of the properties

n o t required for the intended road

i m p rovement scheme in the area (and

m  ea suring approximately 600 square feet i n a rea) for an agreed consideration of

£1 5 ,000, once demolition of the

p roperties had been completed;

 ( h) as recommended by the Island

D  ev elopment Committee, the assignment

o f t he lease of 2½ Anley Street, St.

H  el ier, from Angora Agencies Limited to S h a rleen Investments Limited, for the

p e r iod 29th September 1992 to 23rd June 1 9 9 5, the current annual rental being

£1 0 ,562;

 ( i) as recommended by the Public Services

C o m mittee, the purchase from Mr. Hedley J o h n du Val of 4,044 square feet of

l a nd situated in Field 371, St. John,

f o r a consideration of £1 a square

f o o t, plus an additional sum of £1,500

i n r espect of the removal of the square

f ro m the corner of that field (which

m  ad e the field more difficult to work

a n d reduced its value) together with

r e as onable legal fees and the cost of

a c c ommodation works.

( j) as recommended by the Public Services C o m mittee, the purchase from Miss

A  n thea Vanessa Weaver, of 2,269 square f e et of land in Field 872, Trinity ,

r e q uired for the construction of a

p u m ping station as part of the Trinity

P h a se II Foul Sewer Extension, for a

c o n sideration of £2,269, plus the

p a y ment of all legal costs involved;

( k) as recommended by the Public Health C o m mittee, the lease from Mrs. Clara A ls tadt, née Mayer, of the one-

b e d roomed flat, 5 Theresa Court, Old S t . John's Road, St. Helier for a

p e r iod of one year from 1st September

1 9 9 3, at an annual rent of £6,916;

 ( l) as recommended by the Public Health

C o m mittee, the lease from the Trustees

o f t he Jersey Methodist Church of the

t h re e-bedroomed property, Sion Chapel H  o use, Sion, St. John, for a period of

o n e year from 1st September 1993, with

a n o ption to renew for a further

p e r iod, at an annual rent of £8,320;

( m) as recommended by the Public Health C o m mittee, the assignment of the

u n e xpired portion of the sub-lease on

t h e property 78 New Street, St. Helier, b e tw een Groet Investments and Mr.

J u v enal Pestana de Franca to Indian

C o t tage Restaurant Limited;

( n) as recommended by the Public Health C o m mittee, the assignment of the

u n e xpired portion of the lease for No.

1 6 Burrard Street, St. Helier from

C a t hay Enterprises Limited to Park

A ntiques Limited, the lease to run to

2 5 t h March 1998, at an annual rental of

£7 , 482, subject to review on 25th March

1 9 9 5, in line with the Jersey Cost of

L i v ing index;

( o) as recommended by the Public Health C o m mittee, the lease to Park Antiques L i m ited of the property 14 Burrard

S t re et, St. Helier, from 1st June 1993

t o 2 5th March 1998, at an annual rent

o f £ 5,948;

( p) as recommended by the Harbours and A irport Committee, the lease to Star

T r a vel Limited of 514 square feet of

o f fi ce accommodation on the first floor

o f t he Freight Terminal at Jersey

A  ir port (Lettings B130 and B131) for a p e r iod of three years commencing 1st

S e p tember 1993 at an annual rent of

£4 , 626, subject to annual review;

 ( q) as recommended by the Housing

C o m mittee, the sale of an area of land m ea suring 1,205 square feet at Field

1 3 1 1, St. Helier , to Mr. Pietro Ranise

a n d Mrs. Jane Bethia Ranise, née

P a r ker, for the sum of £2,410, with Mr. a n d Mrs. Ranise being responsible for a l l legal costs involved. The

t ra n saction would be subject to the f o ll owing conditions - there would be a r e st riction of any building taking

p l ac e on the land, the transfer was not

t o t ake place until after the proposed

h o u sing development at Field 1311 had b e e n completed and an assurance was to b e m ade that the width of the access

r o a d to the housing estate was

a c c eptable;

 ( r) as recommended by the Public

H  ea lth Committee, the renewal of the

l e as es from Macpor Development Company L i m ited of the one-bedromed properties,

F l a ts 1 and 6, 29 Midvale Road, St.

H  el ier, for a period of one year from

1 s t October 1993, at annual rents of

£6 , 013.46 and £4,659.75, respectively,

p l u s an annual sum for water rates to

b e p aid quarterly in advance, and with

a n o ption to extend the leases for a

f u rt her year;

 ( s) as recommended by the Island

D  ev elopment Committee, the granting to M  r . Dennis Roy Mollet and Mrs. Joyce

M  a ry Mollet, née Syvret, of service and a c c ess rights for two new dwellings in

t h e rear garden of their property

G  re enhaven, La Petite Route des

M  ie lles, St. Brelade, for a total

p ayment of £2,500, representing £1,250 f o r each dwelling, with Mr. and Mrs.

M  o llet being responsible for all legal

f e es , without prejudice;

 ( t) as recommended by the Public

S e r vices Committee, the purchase from t h e Crown and the tenants of Le Marais à l a Cocque of 2,400 square feet of

l a nd at Fauvic Pumping Station, for a

c o n sideration of £2,400, plus the

p a y ment of all legal costs involved in

t h e transaction.

Matters noted - financial transactions

THE STATES noted an Act of the Finance and Economics Committee dated 6th September 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  Public Health Committee had a c c epted the lowest of five tenders,

n a m ely that submitted by C.A. Mauger L i m ited, in the sum of £1,329,626 for t h e refurbishment and extension of

W  e staway Court, St. Helier ;

 ( b) the Housing Committee had accepted the l o w est of 11 tenders, namely that

s u b mitted by A.C. Mauger and Son

( S u nwin) Limited in the sum of

£5 , 097,976 in a contract period of 86

w  ee ks to provide 63 dwellings,

c o m prising Phases I and II of the

S t a tes Loan development at Field 1243A, S t . Helier.

Matters lodged

The following subjects were lodged au Greffe'' -

 1 .  Draft Building Loans

( M  iscellaneous Provisions) (Amendment N  o . 23) (Jersey) Regulations 199 .

P . 1 44/93.

P r e sented by the Housing

C o m mittee.

 2 .  Draft Public Employees

( R e tirement) (Amendment No. 4) (Jersey) L a w 199 . P.145/93.

P r e sented by the Establishment

C o m mittee.

 3 .  Draft Public Employees

( C o ntributory Retirement Scheme) (New M  e mbers) (Amendment No. 3) (Jersey) R e g ulations 199 . P.146/93.

P r e sented by the Establishment

C o m mittee.

 4 .  Convention on Social Security

b e tw een the United Kingdom and Cyprus: A m endments. P.147/93.

P r e sented by the Social Security

C o m mittee.

 5 .  Draft Prison (Amendment No. 3) ( J er sey) Law 199 . P.148/93.

P r e sented by the Prison Board.

 6 .  Draft Public Holidays and Bank

H  o lidays (Jersey) Act 199 . P.149/93. P r e sented by the Legislation

C o m mittee.

 7 .  Draft Criminal Justice (Young

O  ff enders) (Jersey) Law 199 (P.138/93): a m e ndment. P.150/93.

P r e sented by the Legislation

C o m mittee.

 8 .  Open government: freedom of

i n fo rmation. P.151/93.

P r e sented by Deputy S. Syvret of S t . Helier.

L odged on 31st August 1993

 1 .  Draft Housing (General

P r o visions) (Amendment No. 10) (Jersey) R e g ulations 199 . P.133/93.

P r e sented by the Housing

C o m mittee.

2 . Draft Protection of Children ( J er sey) Law 199 . P.134.93. P r e sented by the Legislation C o m mittee.

 3 .  Field 846B and part 847, St.

L a w rence: rezoning. P.135/93. P r e sented by the Island

D  ev elopment Committee.

L odged on 7th September 1993

 1 .  Public Services Committee:

S u p port for Policies. P.136/93.

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

 2 .  Draft Health Insurance (Medical

B e n efit) (Amendment No. 42) (Jersey) R e g ulations 199 . P.137/93.

P r e sented by the Social Security

C o m mittee.

L odged on 14th September 1993

 1 .  Draft Criminal Justice (Young

O  ff enders) (Jersey) Law 199 . P.138/93. P r e sented by the Legislation

C o m mittee.

 2 .  Draft Food and Drugs (Amendment N  o . 2) (Jersey) Law 199 . P.139/93. P r e sented by the Public Health

C o m mittee.

 3 .  Draft Licensing (Licence Fees)

( J er sey) Regulations 199 . P.140/93. P r e sented by the Tourism

C o m mittee.

Arrangement of Public Business for the present Sitting

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

P ublic Services Committee: Support for P olicies. P.136/93.

L odged: 7th September 1993.

P ublic Services Committee.

D raft Housing (General Provisions)

( Amendment No. 10) (Jersey) Regulations 1 99 . P.133/93.

L odged: 31st August 1993.

H ousing Committee.

D raft Health Insurance

( Medical Benefit) (Amendment No. 42) ( Jersey) Regulations 199 . P.137/93.

L odged: 7th September 1993.

S ocial Security Committee.

D raft Licensing (Licence

F ees) (Jersey) Regulations 199 . P.140/93. L odged: 14th September 1993.

T ourism Committee.

Arrangement of Public Business for the next Sitting on 12th October 1993

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

next Sitting on 12th October 1993 -

S urgical and medical treatment in the U nited Kingdom: fund. P.50/93.

L odged: 13th April 1993.

D eputy S.M. Baudains of St. Helier .

D raft Building Loans

( Amendment No. 12) (Jersey) Law 199 . P .129/93.

L odged: 24th August 1993.

H ousing Committee.

D raft Protection of Children (Jersey) L aw 199 . P.134/93.

L odged: 31st August 1993.

L egislation Committee.

D raft Criminal Justice (Young

O ffenders) (Jersey) Law 199 . P.138/93. L odged: 14th September 1993.

L egislation Committee.

D raft Criminal Justice (Young

O ffenders) (Jersey) Law 199 (P.138/93): a mendment. P.150/93.

L odged: 28th September 1993.

L egislation Committee.

D raft Prison (Amendment No. 3) ( Jersey) Law 199 . P.148/93.

L odged: 28th September 1993. P rison Board.

D raft Food and Drugs (Amendment N o. 2) (Jersey) Law 199 . P.139/93. L odged: 14th September 1993.

P ublic Health Committee.

D raft Building Loans (Miscellaneous

P rovisions) (Amendment No. 23) (Jersey) R egulations 199 . P.144/93.

H ousing Committee.

D raft Public Employees (Retirement) ( Amendment No. 4) (Jersey) Law

1 99 . P.145/93.

E stablishment Committee.

D raft Public Employees (Contributory

R etirement Scheme) (New Members) (Amendment N o. 3) (Jersey) Regulations 199 . P.146/93.

E stablishment Committee.

C onvention on Social Security between t he United Kingdom and Cyprus:

A mendments. P.147/93.

S ocial Security Committee.

D raft Public Holidays and Bank

H olidays (Jersey) Act 199 . P.149/93. L egislation Committee.

Lump-sum payments made to public

employees. Question and Answer (Tape No. 202).

Deputy Alan Payn Bree of Grouville asked the President of the Establishment Committee the following question -

  Will the President kindly inform the

 S tates of the amounts of lump-sum payments

 ( excluding such lump-sum payments as are

m ade on condition of the acceptance of a

 r educed pension from the Public Employees

 P ension Fund) made to Public Employees who  a ccepted early retirement during the period

 1 st January 1990 to date, with an

 i ndication of the votes from which those

 p ayments were made?''

The President of the Establishment Committee replied as follows -

  Public Employees who are members of PECRS  r etire early for two reasons. They leave

 d ue to ill-health or they leave under the

 p rovisions of the Voluntary Early

 R etirement (VER) arrangements approved by

 t he States. I can confirm that in no case

 h ave lump sum payments been made from the

 P ension Fund other than in accordance with

 t he provisions of the Scheme.

I n the years 1990/91/92, 62 members retired f rom PECRS due to ill-health such as

c arcinoma, heart disease, osteo arthritis

a nd mental illness. Over the same period 22 m embers of the Scheme died in service.

T hose retiring due to long term ill-health,

m any of whom would have received

e nhancement to their pensions due to the

e arly curtailment of their working lives,

r eceived full salary for up to six months

a nd up to six months at half salary.

C overing long-term and other shorter term

a bsences due to ill-health with either

o vertime or temporary staff adds to the

p ublic sector paybill, and the States

P ersonnel Department is presently reviewing p olicies and practices in order to maximise

a ttendance. This is not an attempt to clamp d own on employees who are genuinely ill, w ho will continue to be treated fairly and

r easonably, but to reduce the number and

d uration of absences which occur. Members m ay be surprised to learn that in 1992

a lone, States Committees spent £262,000 t hrough employment agencies alone on

t emporary cover for permanent staff.

V oluntary Early Retirement provisions

i nclude early payment of benefit to members

o f the PECRS. Employees must be at least 50 y ears of age and ineligible for immediate

p ension under the Scheme. They may have v olunteered to retire -

 ( i) because their post is no longer needed;

o r  

 ( ii)  t o make possible the continued

em  p l o yment of other members of st a ff w hose positions are to be

ab o l i sh ed; or

 ( iii)  in the interests of improved ef f ic i e ncy.

My Committee introduced the arrangements to d eal with situations such as amalgamation

o f Departments, improvements in the

o rganisation of Departments, the

i ntroduction of new technology and working

p ractices which meant that some employees

h ave become surplus to requirements and

s ince 1991 24 employees have taken

v oluntary early retirement. In addition to

p ayments made under the VER arrangements 13

o f these employees received lump sum

p ayments totalling £263,436. Of this sum

£ 79,181 was paid from the Establishment

C ommittees ex-gratia Vote No: 5130. The

r emainder was paid from the budgets of

a dministering Committees. These sums should b e balanced against annual savings in the

P ublic Sector paybill in excess of £270,000

t hat have been achieved through non-

r eplacement of employees who have taken

v oluntary early retirement. The number of

c ases and amounts should be viewed in the

c ontext of a scheme which, at the end of

1 992, had 5052 active members, 1447

p ensioners, widows, children and deferred

p ensioners and funds in excess of 250

m illion pounds.

T hese policies reflect the desire of the

S tates to be a progressive employer.

R esponse to change should be a constant f eature of any large organisation and VER i s but one string to our bow in

r estructuring and improving efficiency in

t he public sector.

V ER has produced manpower and

r evenue expenditure savings through the

n on-replacement of employees,

r edistribution of functions to other

e mployees, replacement of full time

e mployees with part timers  and the

t ransfer of services from the public to

p rivate sectors. The VER policy is a

n ecessary management tool and will continue t o play an important part, together with

t he redundancy policy, in reducing the

o verall size and cost of the public sector.

W ith public sector pay accounting for over

5 0 per cent of States' annual revenue

e xpenditure, all Committees need to

r eappraise regularly the range and level of

s ervices which they provide and determine

w here manpower reductions and improvements i n efficiency can be expected to produce a

m ore cost effective service to the public.

C ommittees must take a far more corporate

v iew in the future. Pooling of resources

w ill lead to savings and some Committees

m ust be prepared to adapt their own needs

f or the overall good of the States.''

Scaffolding at the Hue Street site. Question and answer (Tape No. 202).

The Connétable of St. Helier asked the President of the Island Development Committee the following question -

  Will the President inform the House of  t he total cost to the Island of the

 s caffolding erected at the site in Hue

 S treet, St. Helier, which has been taken

o ver by Save Jersey's Heritage?''

The President of the Island Development Committee replied as follows -

  Following an approach from the Connétable

o f St. Helier , the Committee erected

 s caffolding in June 1989 to safeguard the

 p ublic following the purchase by the Island

o f the last property, 9 Hue Street. The

 c ost of erecting the scaffolding and

p rotective sheeting was £4,378. The cost of

 s caffolding hire was met by the Committee

 f rom its capital vote for servicing of land

 f rom July 1989 to February 1992, when the

H ue Street properties were leased to Save

J ersey's Heritage. This amounted to a

f urther £17,526. Since that time the cost

f rom February 1992 to July 1992 has been

r echarged to Save Jersey's Heritage, and no f urther payments have been or will be made.

S ave Jersey's Heritage have completed

t he refurbishment of one property, the

l ease of which has been acquired by a

S tates' Loan purchaser with the aid of the H ousing Committee, and it is understood n egotiations are taking place concerning t he remaining properties.''

States' rent arrears. Questions and answers (Tape No. 202).

The Connétable of St. Helier asked the President of the Housing Committee the following questions -

1.  W ill the President say how much

re n t i s in arrears from States'

re n t e d property?

 2 .  Without naming the tenants, what is the l a rg est amount owed by any individual

t e na nt?

 3 .  What action is taken by the Committee t o r etrieve outstanding rent?

 4 .  What is the total number of cases where r e n t arrears are in excess of one

m  o nth?''

The President of the Housing Committee replied as follows -

1.  A s at the rent week ending 18th

S e p te m ber, 1993, the total amount

o f a rr e ars from States' rented

p ro p e r ty was £358,784. This figure is 3 . 6 p er cent of the annual rent

ro l l o f £9.9M. Whilst it is a

fi g u re which my Committee takes   v er y se riously, it does compare

fa v o u r ably with other local

au t h o r ities in the United Kingdom an d i s of the same order as the

ar r e a rs figure in Guernsey.

 2 .  The highest amount owed by an

i n d ividual tenant is £5,209. However,

t h er e are highly individual and

e x c eptional circumstances appertaining t o t his particular individual, who has

d e c lared himself en desastre.

G  en erally, 51 per cent of the total

a r re ars are owed by just 101 tenants,

e a c h of whom owe in excess of £1,000. T h e majority of these are families

( in c luding many single parent families) w  h o are on low incomes and have

p a r ticular problems in coping with

t h ei r financial affairs. Many, if not

a l l of them, are inadequate families

w  h o are well known to the other Social a n d Parish Services in the Island.

 3 .  The Committee takes the issue of rent a r re ars very seriously indeed and has a f u ll -time rent arrears officer, whose

j o b it is to monitor and chase up rent

a r re ars. This officer endeavours at an e a rl y stage to come to an agreement

w  it h the tenant for repayment of the

a r re ars within a reasonable timescale. I f th e tenant is receiving welfare,

a r ra ngements can be made, in some

c a s es, to have the rent paid to the

D  ep artment direct by the Parish.

I f tenants in arrears are unco-operative,

l egal proceedings in the Petty Debts Court

n ormally follow. Another course open to my C ommittee is eviction. However, if this

c ourse is likely to render the family

h omeless, then the Committee would almost c ertainly be required to rehouse the

f amily, especially where children are

i nvolved. In such circumstances it hardly

r epresents an effective remedy.

A staff organisation change already in

p rogress within the Housing Department is i ntended to increase the effort to reduce

t enant arrears. Those officers who have the r esponsibility for dealing with States'

t enants on a daily basis and who visit the

e states constantly, will assume

r esponsibility for dealing with the issue

o f rent arrears. This will involve not

s imply pursuing payment of arrears from

t enants who have no adequate explanation f or being in arrears, but also counselling

a nd helping those tenants who are in

a rrears for more understandable reasons,

s uch as poor management of their weekly b udget, severe financial difficulties

a rising from other sources, etc.

 4 .  There are currently 545 tenants who

t e ch nically have rent arrears in excess

o f o ne month's rent. However, this

f ig u re includes some tenants who pay by m  o nthly standing order, whose payment m  ay well be in the pipeline'. Delays

o f t his nature will shortly be overcome

b y the replacement of standing orders

b y direct debits. A more meaningful

f ig u re to take at this stage is those

w h o are seven weeks in arrears and this i s 4 16 tenants owing £327,000.''

Continental Hotel site and the tendering procedure generally. Questions and answers (Tape No. 202).

The Connétable of St. Helier asked the President of the Housing Committee the following questions -

1.  R eferring to the former

C o n ti n ental Hotel site, will the

P re s i d ent explain what grounds

ex i s t f or the Committee to believe th a t l o cal contractors are not

co m  p e titive?

2 . If the cost of building locally is p e r ceived as too high, does the C o m mittee accept some of the

r e sp onsibility for creating this

s it u ation?

 3 .  Does the Committee check whether

t e nd ers from The Jersey Electricity

C o m pany, The Jersey New Waterworks

C o m pany and the Jersey Gas Company are c o m petitive?

4 .  If so, how is this done?