States Minutes 2nd February 1993

STATES MINUTES 2 n d F e b ruary 1993

T HE STATES assembled on Tuesday,  2nd February 1993 at 9.30 a.m. under

t h e Presidency of the Bailiff ,

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

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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 -

Richard Peter Clarke-Halifax, Deputy of St. Saviour.

_ _ _ _ _ _ ______

P r a y e rs

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Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Amendment (No.15) to the Tariff

o f Harbour and Light Dues. R & O 8498.

 2 .  Firearms (Fees) (Jersey) Order 1992. R & O 8505.

 3 .  Road Traffic (Saint Helier) (Amendment N  o . 19) (Jersey) Order 1992.

R & O 8506.

 4 .  Telecommunications (Telex) (Amendment N  o . 8) (Jersey) Order 1992. R & O 8507.

 5 .  Bankruptcy (Désastre) (Jersey)

( A m endment) Rules 1992. R & O 8508.

6 .  Royal Court Rules 1992. R & O 8509.  7 .  Road Traffic (Saint Brelade) (Amendment N  o . 3) (Jersey) Order 1993. R & O 8510.

 8 .  Road Traffic (Prohibition of Waiting)

( C l earways) (Amendment No. 6) (Jersey) O  rd er 1993. R & O 8511.

 9 .  Road Traffic (Saint Helier) (Amendment N  o . 20) (Jersey) Order 1993.

R & O 8521.

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

The Finance and Economics Committee by Act dated 11th January 1993 presented to the States a

report setting out the revised rates of welfare

benefit from 1st January 1993.

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

Births, marriages and deaths in 1992: statement. R.C.2

The Etat Civil Committee by Act dated 21st January 1992 presented to the States a statement of births, marriages and deaths registered during the year 1992.

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

Working Party on Policing in the Island: reports. R.C.3

The Defence Committee by Act dated

28th January 1993, presented to the States the reports of the Working Party on Policing in the Island concerning the establishment of a Police Complaints Authority.

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

Social Security report and accounts 1991/92

The Social Security Committee by Act dated 6th January 1993, presented to the States its report and statement of accounts for the year ended 30th September 1992.

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

Overseas Aid Committee report for 1991

The Overseas Aid Committee by Act dated 22nd January 1993, presented to the States the report of the Committee for 1991.

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

Matters noted - land transactions

THE STATES noted Acts of the Finance and Economics Committee dated 11th and 25th January 1993 showing that in pursuance of Standing

Orders relating to certain transactions in land,

the Committee had approved -

 ( a) as recommended by the Harbours and A  ir port Committee, the lease to the

C a sters Sea Angling Social Club of

A  lc ove 1, St. Catherine's Breakwater,

f o r a period of three years, commencing 1 s t November 1992, at an annual rent of

£1 0 .80 payable in advance and subject

t o t he Club's being responsible for the

c o s t of repairs and redecoration;

 ( b) as recommended by the Housing

C o m mittee, the granting to the Jersey E l e ctricity Company Limited of a

w  ay leave from Byron Lane to the new d e v elopment at 24 Byron Lane and

2 5 Stopford Road, St. Helier, free of

c h a rge;

 ( c) as recommended by the Housing

C o m mittee, the entering into a Deed of A rr angement with Mrs. Florence Ada

G  o uld, née Stephens, Mr. Anthony John P a l mer and Mrs. Jennifer Stephens

P a l mer, née Gould, owners of 9 Wesley S t re et, St. Helier, and Allesley

I n v estments Limited, the owner of the

a d jo ining property Jardine House, in

o r d er to agree a realignment of

b o u ndaries, with the Committee being

r e sp onsible for the payment of legal

f e es ;

( d) as recommended by the Housing C o m mittee, the granting to the Jersey E l e ctricity Company Limited of a

w  ay leave at Le Clos de Fonds,

G  ro uville, free of charge and the sale

o f t he site of a section pillar to the

C o m pany for the sum of £10, with each s id e being responsible for its own

l e ga l costs;

 ( e) as recommended by the Public

H ea lth Committee, the renewal of the l e as e from Mrs. Joan Annie Perée, née S w ift, of the one-bedroomed flat, Flat 4 , 7 3 Rouge Bouillon, St. Helier , for a p e r iod of one year from 1st November 1 9 9 2 at an annual rent of £4,739.

 ( f) as recommended by the Island

D  ev elopment Committee, the acceptance, b y way of gift, from Mr. Stuart Smith

o f a n area of land known as Le Reste

d u Côtil des Vaux', Egypt, Trinity , on

c o n dition that the land would never be

d e v eloped and that an active and

c o n tinuing nature conservation

p r o gramme would be carried out;

 ( g) as recommended by the Public

H  ea lth Committee, the renewal of the l e as e to Mr. Barry Rondel of Field

1 5 4 7, Westmount, St. Helier, for a

p e r iod of one year with effect from 1st J a n uary 1993, at an annual rent of £70;

 ( h) as recommended by the Defence

C o m mittee, the granting to the Jersey E l e ctricity Company Limited of a

w  ay leave, free of charge, through

F i e lds Nos. 330 and 331, Crabbé, St. M  a ry, for the installation of an

e l ec tricity cable;

 ( i) as recommended by the Tourism

C o m mittee, the renewal of the lease to M r s. Gillian Hidrio, née Carré, and

M  r s. Greta Jegou, née Carré, of

C o l leen's Café, Grève de Lecq, for a

p e r iod of one year with effect from

2 5 t h December 1992, at an annual rent

o f £ 3,000;

 ( j) as recommended by the Sport, Leisure

a n d Recreation Committee, the renewal

o f t he lease from Mr. Marcus Binney of

t h e two-bedroomed property, The Dower H  o use, Domaine des Vaux, St. Lawrence, f o r a period of one year from 1st

J a n uary 1993 at a revised annual rent

o f £ 11,000, with options to renew for a

p e r iod of up to four years;

 ( k) as recommended by the Public

S e r vices Committee, the passing of a

C o n trat de Bornement with Mr. Michael S t e ven Barnes of Pont de Passerelle,

G  o rey Hill, St. Martin, and Mr. Carl

J a m es Danby of Gemini, Gorey Coast

R o a d, St. Martin, in respect of the

b o u ndary with the public gardens

s it u ated between Gorey Hill and La Rue d e l a Côte, Gorey, with each side being r e sp onsible for its own legal costs.

Matter noted - financial transaction

THE STATES noted an Act of the Finance and Economics Committee dated 25th January 1993, showing that, in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that the Housing Committee has accepted the lowest of eight tenders, namely that submitted by D.C. Allen Limited in a contract period of 26 weeks, in the sum of £180,244 for the proposed housing development at Clydesdale, Dicq Road, St. Saviour .

Matters lodged

The following subjects were lodged au Greffe'' -

 1 .  Draft Interception of

C o m munications (Jersey) Law 199 . P . 1 1/93.

P r e sented by the Legislation

C o m mittee.

 2 .  Projet de Loi (199 ) sur la Cour

p o u r le recouvrement de menues dettes. P . 1 2/93.

P r e sented by the Legislation

C o m mittee.

 3 .  Draft Health Insurance (Medical

B e n efit) (Amendment No. 41) (Jersey) R e g ulations 199 . P.13/93.

P r e sented by the Social Security

C o mmittee.

 4 .  Draft Territorial Sea

( C o nsequential Provisions) (Jersey) Law 1 9 9 . P.14/93.

P r e sented by the Policy and

R e s ources Committee.

 5 .  Functions and rôle of the

B a i liff. P.15/93.

P r e sented by the Policy and R e s ources Committee.

 6 .  Waterfront Enterprise Board. P . 1 6/93.

P r e sented by the Island

D  ev elopment Committee.

 7 .  Draft Gambling (Gaming and

L o t teries) (Amendment No. 9) (Jersey) R e g ulations 199 . P.17/93.

P r e sented by the Gambling

C o n trol Committee.

 8 .  Field 796, St. Peter: sale of

l a nd . P.18/93.

P r e sented by the Harbours and A  ir port Committee.

The following subjects were lodged au Greffe'' on 19th January 1993 -

 1 .  Draft Regulation of Undertakings

a n d Development (Amendment No. 6) (Jersey) R e g ulations 199 . P.1/93.

P r e sented by the Finance and

E c o nomics Committee.

 2 .  Act annulling the Island Planning

( D e signation of Sites of Special Interest) ( S a int John) (Jersey) Order 1992. P.2/93. P r e sented by Senator R.R. Jeune .

 3 .  Draft Lodging Houses (Registration)

( A m endment) (Jersey) Law 1992 (Appointed D ay ) Act 1993. P.3/93.

P r e sented by the Housing Committee.

4 . Housing legislation - review

( P .1 80/92): amendment. P.4/93.

P r e sented by the Housing Committee.

 5 . Draft Milk (Sale to Special

C l a sses) (Amendment) (Jersey) Regulations

1 9 9 . P.5/93.

P r e sented by the Social Security C o m mittee.

 6 .  Badminton Hall , La Pouquelaye, St. H  el ier. P.6/93.

P r e sented by the Island Development C o m mittee.

 7 .  Green zone: agricultural buildings.

P . 7 /93.

P r e sented by the Island Development C o m mittee.

 8 .  Consumer protection: fair trading l a w . P.8/93.

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

 9 .  Airport terminal building: lease of a c c ommodation. P.9/93.

P re s ented by the Harbours and

A  ir port Committee.

 1 0. Airport: lease of land to Channel

H  o tels and Properties Limited. P.10/93. P r e sented by the Harbours and

A  ir port Committee.

Price restraint. P.119/92. Withdrawn

S enator R.J. Shenton withdrew his

p roposition regarding price restraint in t he public sector. (lodged au Greffe''on 1 1th August 1992).

Draft Interception of Communications (Jersey) Law 199 . P.194/92. Withdrawn

Projet de Loi (199 ) sur la Cour pour le recouvrement de menues dettes. P.195/92. Withdrawn

 T he President of the Legislation Committee  w ithdrew the draft Interception of

 C ommunications (Jersey) Law 199  (lodged   au Greffe'' on 1st December 1992) and the  p rojet de Loi (199 ) sur la Cour pour le

 r ecouvrement de menues dettes (lodged au  G reffe'' on 1st December 1992) having

 l odged revised draft laws at the present

 S itting.

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 -

H omes for first-time buyers: private d evelopment. P.155/92.

L odged: 13th October 1992.

S enator R.J. Shenton.

D raft Regulation of

U ndertakings and Development (Amendment N o. 6) (Jersey) Regulations 199 . P.1/93.

F inance and Economics Committee.

D raft Lodging Houses

( Registration) (Amendment) (Jersey) Law 1 992 (Appointed Day) Act 1993. P.3/93. H ousing Committee.

D raft Milk (Sale to Special

C lasses) (Amendment) (Jersey) Regulations 1 99 . P.5/93.

S ocial Security Committee.

B adminton Hall , La Pouquelaye, S t. Helier. P.6/93.

I sland Development Committee.

A irport terminal building:

l ease of accommodation. P.9/93. H arbours and Airport Committee.

A irport: lease of land to

C hannel Hotels and Properties Limited. P .10/93.

H arbours and Airport Committee

Arrangement of Public Business for the next Sitting on 16th February 1993

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

next Sitting on 16th February 1993 -

H ousing legislation:

r eview. P.180/92.

L odged: 17th November 1992. H ousing Committee.

H ousing legislation:

r eview (P.180/92) - amendment. P.4/93. H ousing Committee.

G reen zone: agricultural

b uildings. P.7/93.

I sland Development Committee.

C onsumer protection: fair

t rading law. P.8/93.

P ublic Services Committee.

D raft Interception of

C ommunications (Jersey) Law 199 . P .11/93.

L egislation Committee.

P rojet de Loi (199 ) sur

l a Cour pour le recouvrement de menues d ettes. P.12/93.

L egislation Committee.

 D raft Health Insurance

 ( Medical Benefit) (Amendment No. 41)  ( Jersey) Regulations 199 . P.13/93.

 S ocial Security

C o m mittee.

D raft Gambling (Gaming

a nd Lotteries) (Amendment No. 9) ( Jersey) Regulations 199 . P.17/93. G ambling Control

C ommittee.

F ield 796, St. Peter: sale of l and. P.18/93.

H arbours and Airport

C ommittee.

Arrangement of Public Business for subsequent States Sittings

THE STATES confirmed that the following subjects lodged au Greffe'' should be considered on 2nd March 1993 -

A ct annulling the Island Planning

( Designation of Sites of Special

I nterest) (Saint John) (Jersey) Order 1 992. P.2/93.

S enator R.R. Jeune .

P arish Rate Appeals. P.135/92. L odged: 15th September 1992. S enator R.R. Jeune .

THE STATES confirmed that the following subject lodged au Greffe'' should be considered on 16th March 1993 -

F unctions and rôle of the Bailiff . P .15/93.

S enator R.R. Jeune .

Price s. Questions (Tape No. 169)

Senator Richard Joseph Shenton tabled the following questions, which Senator Pierre François Horsfall, President of the Finance and Economics Committee, agreed to answer at the next States Sitting on 16th February

1993.

1.  M y visits to holiday shows in

L o n d o n, Manchester, Dublin and

B e lf a s t have established that past

v is it o r s to our Island have

n o ti c ed an increase in shop and

p u b li c house prices that almost

p u t th e m on a par with more highly ta x e d a reas. Would the President

su p p l y details of the comparative

Je r s e y , U.K. and Eire taxes on

g o o d s and drinks?

 2 .  Would the President supply the House w  it h comparisons of taxes and statutory b u s iness requirements in Jersey and the U  .K ., such as rates, sales tax, PAYE

r e tu rns, company returns, company

p e r ks, etc.?

 3 .  What action does the President intend t o t ake about prices of goods and

s e rv ices, including professional

f e es ?''

Public Employees Contributory Retirement Scheme: Committee of Management - membership

THE STATES adopting a proposition of the Establishment Committee and in accordance with Regulation 3 of the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations, 1989, as amended, approved the appointment of the undermentioned persons as members of the Committee of Management for the

period ending 31st December 1994, namely - E mployer Representative

S e n ator Corrie Stein

M ember Representative

M  is s Barbara Ward .

St. Lawrence School: exchange of land

THE STATES adopting a proposition of the Island Development Committee -

( a) approved an exchange of land adjacent t o S t. Lawrence School as follows -

( i) the ceding, free of charge, by the p u b li c of the Island to the Parish

o f S t. L awrence for the purpose of

co n s t ru cting sheltered housing,

th e ar e a of land west of St.

L a w r e nce Arsenal (Site A)

p re s e n tly used as the school

p la y i n g field, shown on Drawing N o . 3 7 3/1;

( ii ) the ceding, free of charge, by the P a ri s h of St. Lawrence to the

p u b li c of the Island for use as a

p la y i n g field, an area of land

m e a s u ring three vergées in Field 4 6 5 ( S ite B) shown on Drawing N o . 3 7 3/1;

(b) agreed that the land so acquired by the

p u b lic under (a)(ii) be transferred to

t h e administration of the Education

C o m mittee;

 ( c) authorised the payment of any legal

e x p enses incurred by the public, in

c o n nexion with the transfer of the said l a nd , from the Island Development

C o m mittee Major Reserve Vote C0904;

 ( d) authorised the Attorney General and the G  re ffier of the States to pass, on

b e h alf of the public, any contracts

w  h ich it might be found necessary to

p a s s in connexion with the said land

a n d interests therein.

Homes for first-time buyers: private development. P.155/92

THE STATES commenced consideration of a proposition of Senator R.J. Shenton regarding the private development of homes for first-time buyers.

Paragraph (1) was adopted. Paragraph (2) (i) was rejected. Members present voted as follows -

P o u r'' (21) Senators

S henton, Horsfall, Baal, Rothwell, Le Main, S tein.

Connétable s

S t. Mary, St. Martin, Grouville , St. H elier.

Deputies

B eadle(B), Wavell(H), Blampied(H), B uesnel(H), Jordan(B), Bailhache (H), R abet(H), S. Baudains(H), Grouville , L e Geyt(S), Pullin(S).

C o n tre'' (23) Senators

 J eune, Binnington, Carter, Quérée, Chinn. Connétable s

S t. John, St. Clement, St. Ouen , St. B relade, Trinity , St. Saviour .

Deputies

R umboll(H), Norman(C), H. Baudains(C), S t. Ouen, Coutanche(L), Huelin(B),

S t. Mary, Le Fondré(L), Walker (H),

S yvret(H), Crespel(H), Trinity .

Paragraph (2)(ii) was rejected. Members present voted as follows - P o u r'' (12)

Senators

 S henton, Baal, Le Main. Connétable s

 S t. Ouen, Trinity , St. Helier .

Deputies

B eadle(B), Buesnel(H), S. Baudains(H), G rouville, Le Geyt(S), Crespel(H).

C o n tre'' (34) Senators

J eune, Binnington, Horsfall, Rothwell, C arter, Stein, Quérée, Chinn.

Connétable s

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

Deputies

R umboll(H), Blampied(H), Norman(C), H.

B audains(C), Le Sueur(H), St. Ouen,

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

M ary, Bailhache (H), Rabet(H), Le Fondré(L), S t, Martin, Walker (H), Syvret(H),

P ullin(S), Trinity .

Paragraph (2)(iii) was withdrawn. Paragraph (2)(iv) was adopted

Deputy J. Le Gallais of St. Saviour declared a direct pecuniary interest in the subject matter

of paragraph (2) and withdrew from the Chamber.

THE STATES, adopting paragraphs (1) and (2)(iv), -

 ( 1) agreed that as a general policy private c o n tractors should be encouraged to

d e v elop land, funded by the private

s e c tor, to provide homes for first-time b u y ers;

 ( 2) agreed, in principle, and subject to

r e zo ning as appropriate and to the

I s la nd Development Committee granting t h e necessary permission, that the

f o ll owing site should be developed by a p r ivate contractor -

( iv ) Field No. 846B, St. Lawrence.

Draft Regulation of Undertakings and Development (Amendment No. 6) (Jersey) Regulations 1993. P.1/93

THE STATES, in pursuance of Article 2 of the Regulation of Undertakings and Development (Jersey) Law 1973, as amended, made Regulations entitled the Regulation of Undertakings and Development (Amendment No. 6) (Jersey) Regulations 1993.

Draft Lodging Houses (Registration) (Amendment) (Jersey) Law 1992 (Appointed Day) Act 1993. P.3/93

THE STATES, in pursuance of Article 13 of the Lodging Houses (Registration) (Amendment) (Jersey) Law 1992, made an Act entitled the

Draft Lodging Houses (Registration) (Amendment) (Jersey) Law 1992 (Appointed Day) Act 1993.

Draft Milk (Sale to Special Classes) (Amendment) (Jersey) Regulations 1993. P.5/93

THE STATES, by virtue and in exercise of the powers conferred upon them by the Order in Council of the fourteenth day of April

1884, made Regulations entitled the Draft Milk (Sale to Special Classes) (Amendment) (Jersey) Regulations 1993.

Badminton Hall , La Pouquelaye, St. Helier . P.6/93

THE STATES adopting a proposition of the Island Development Committee expressed their support for the Island Development Committee's intention to grant planning permission for the

construction of a new badminton hall, and ancillary accommodation, including changing rooms and social rooms, on part of Field 1233,

La Pouquelaye, St. Helier , which is situated within the Green Zone.

Airport terminal building: lease of accommodation. P.9/93

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

 ( a) approved the renewal of the lease to

B r i tish Midland Airways Limited of

L e t tings Nos. B9, B90A, B90B, B90C,

B 9 0 D, B172, B173, B174, B175 and B137A, c o m prising 7,780 square feet of

a c c ommodation in the Airport Terminal

B u i lding for a period of three years

c o m mencing 1st April 1992 at an annual

r e n t of £60,816.30, subject to annual

r e v iews;

 ( b) authorised the Greffier of the States t o s ign the necessary agreement with t h e company; and

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

Airport: lease of land to Channel Hotels and Properties Limited. P.10/93

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

 ( a) approved the lease to Channel Hotels

a n d Properties Limited of an area of

l a nd to the south of Avenue de la

C o m mune, St. Peter (Lettings Nos. L65, L 5 3 and L53A), comprising 3,579 square y a r ds, from 24th March 1993 to 31st

D  ec ember 1996, at an annual rent of

£8 0 ,000, subject to review on 24th

M  a rch 1996;

 ( b) authorised the Greffier of the States t o s ign the necessary agreement with t h e company; and

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

THE STATES rose at 4.53 p.m.

  G  .H  .C . C  O P P O  C K G  re f fi e r o f the States.