States Minutes 2nd March 1993

STATES MINUTES 2 n d M  a rc h 1993   P ri c e : £ 2 . 0 0

T HE STATES assembled on Tuesday, 2 nd March 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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All Members were present with the exception of -

Derek Ryder Maltwood, Deputy of St. Mary - out of the Island.

_ _ _ _ _ _ ______

P r a y e rs

_ _ _ _ _ _ ______

Subordinate legislation tabled

The following enactment was laid before the States, namely -

A irport Dues (Tariff) (Jersey) Order 1 993. R & O 8524.

Voting and employment rights of non-British E.C. citizens (P.159/92): report. P.25/93

The Legislation Committee, by Act dated 15th February 1993, presented to the States a report on the voting and employment rights of non- British E.C. citizens.

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

Manpower report for the period 1st January to 30th June 1992. R.C.7/93

The Establishment Committee, by Act dated 15th February 1993, presented to the States a report on manpower for the period 1st January to 30th

June 1992.

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

Public lotteries: report for 1992. R.C.8/93

The Gambling Control Committee, by Act dated 22nd February 1993, presented to the States a report on the Channel Islands Lotteries for the year 1992.

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

Administrative Decisions (Review) (Jersey) Law 1982: report of the panel of members regarding complaints received between 1st January and 31st December 1992. R.C.9/93

The Special Committee to consider the relationship between Committees and the

States, by Act dated 1st February 1993, presented to the States a report of the Panel of Members regarding complaints received between 1st January and 31st December 1992.

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

The Jersey Electricity Company Limited: Annual report and accounts for 1992

The Finance and Economics Committee, by Act dated 8th February 1993, presented to the States the Jersey Electricity Company Limited's annual report and accounts for the period 30th September 1991 to 27th September 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 22nd February 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, the purchase

f ro m Mr. James Walker Holland of

t h eW orkshops, Drury Lane, St. Helier , f o r the sum of £56,000, with the

p u b lic contributing £1,000 to the cost

o f M r. Holland's legal fees;

 ( b) as recommended by the Island

D ev elopment Committee, the purchase f ro m Mr. John Harold Shepherd of the l e as ehold interest on No. 76 Val

P l a isant, St. Helier , required for road

i m p rovements, for the sum of £38,000 w it h each party being responsible for

i ts o wn professional fees, the sum to

c o v er all heads of claim;

 ( c) as recommended by the Harbours and A  ir port Committee, the renewal of the l e as e to the Jersey Sub-Aqua Club of a C l u b Room at La Folie, St. Helier

( L e tting No. LF4) for a period of three y e a rs with effect from 1st January 1993 a t a n annual rent of £872.57;

 ( d) as recommended by the Harbours and

A  ir port Committee, the lease to

C h a nnel Island Tourist Services Limited

o f 4 33 square feet of accommodation in

t h e Airport Arrivals Hall for a period

o f t hree years commencing 1st April

1 9 9 3 for an annual rent of £4,546.50,

p l u s annual rent reviews.

Matters lodged

The following subjects were lodged au Greffe'' -

 1 .  Draft Ecclesiastical District of

S t . Luke with St. James (Jersey) Law 1 9 9 . P.27/93.

P r e sented by the

L e g islation Committee.

 2 .  Draft Motor Traffic (Third-Party

I n s urance) (Amendment No. 8) (Jersey) L a w 199 . P.28/93.

P r e sented by the Defence

C o m mittee.

 3 .  Police Complaints Authority: e s ta blishment. P.29/93.

P r e sented by the Defence

C o m mittee.

 4 .  Draft Pilotage (General

P r o visions) (Amendment No. 5) (Jersey) R e g ulations 199 . P.30/93.

P r e sented by the Harbours

a n d Airport Committee.

The following subject was lodged au Greffe'' on 23rd February 1993 -

D raft Dwelling Houses (Rent Control) ( Standard Tenancy Agreement) (Jersey) R egulations 199 . P.26/93.

S enator R.J.

S henton.

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

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

next Sitting on 16th March 1993 -

D raft Dwelling Houses (Rent Control) ( Standard Tenancy Agreement) (Jersey) R egulations 199. P.26/93.

L odged: 23rd February 1993.

H ousing Committee.

D raft Ecclesiastical District of St. Luke w ith St. James (Jersey) Law 199. P.27/93. L egislation Committee.

D raft Pilotage (General Provisions)

( Amendment No. 5) (Jersey) Regulations 1 99 . P.30/93.

H arbours and

A irport Committee.

THE STATES agreed to maintain their decision of 2nd February 1993 to consider the proposition of the Policy and Resources Committee regarding the functions and rôle of the Bailiff (P.15/93 -

lodged 2nd February 1993) at the next Sitting on 16th March 1993.

Members present voted as follows -

P o u r'' (30) Senators

S henton, Jeune , Binnington, Horsfall, Baal, R othwell, Le Main, Stein, Chinn.

Connétable s

 S t. Lawrence, St. Mary, St. Saviour . Deputies

L e Gallais(S), Rumboll(H), Beadle(B), W avell(S), Norman(C), Buesnel(H), Le S ueur(H), Coutanche(L), Jordan(B),

B ailhache(H), S. Baudains(H), Clarke- H alifax(S), Le Fondré(L), St. Martin , Le G eyt(S), Walker (H), Pullin(S), Trinity .

C o n tre'' (20) Senators

Le Maistre, Carter, Quérée. Connétable s

S t. John, St. Clement,   St. Brelade ,

T rinity, St. Martin, St. Peter , Grouville , S t. Helier.

Deputies

B lampied(H), St. John, St. Peter,

H . Baudains(C),  Huelin(B), Rabet(H), G rouville, Syvret(H), Crespel(H).

Arrangement of Public Business for the Sitting on 30th March 1993

THE STATES confirmed that the following subject lodged au Greffe'' should be considered on

30th March 1993 -

D raft Motor Traffic (Third-Party Insurance) ( Amendment No. 8) (Jersey) Law 199 .

P .28/93.

D efence Committee

Cleaning of beaches. Questions and answers. (Tape No. 173)

Senator Richard Joseph Shenton asked the President of the Public Services Committee the following questions -

1.  W ill the President confirm that

th e fi n ancial costings for beach

cl e a n in g of £415,000 for 26 weeks th a t I u sed at a recent public

m e e ti n g were given to me by the

P u b li c Services Department?

 2 .  Will the President also confirm that a b r eakdown of these costs which I r e q uested at the time has still not

b e e n received by me?

 3 .  Will the President act with some

u r g ency to clean up our beaches and

p r o menades for the benefit of residents a n d visitors alike?

 4 .  Finally, will the President inform the

H  o use as to his Committee's policy for f u tu re beach cleaning and the estimated c o s ts?''

The President of the Public Services Committee replied as follows -

1.  I confirm that £415,000 was the

an n u a l estimate given for the

to t a l c ost of beach cleaning.

M y statement on 16th February 1993 made i t c lear that of the £415,000, £308,000

r e p resented the total cost of the beach

c l ea ning operation and £107,000 was the

a m o unt spent on adjoining coastal land.

2 . The breakdown of the actual costs were a s f ollows -

£    

A  ll labour costs including supervision 2 1 0 ,000

D  ep artment plant costs 4 4 , 0 00 S u p plies and Services 2 2 ,0 0 0

S e a weed removal by contractor  32,000 3 0 8 ,000

E s t imated cost of cleaning seaside

c a r parks

M  a intenance of cliff paths and

h e a dlands etc. 1 0 7 ,0 0 0  

  4 1 5 , 0 0 0

T h e extraction of these figures

f ro m the department's accounts took s o m e time, as soon as they were

a v a ilable the Chief Officer, Public S e r vices telephoned them to Senator S h e nton and offered to provide a

w  ri tten copy.

 3 .  My understanding of Senator Shenton's p a r ticular complaint is the quantity of

s e a weed left on beaches by the tide

d u r ing the winter months.

T h e beach cleaning service is in full

o p e ration between April and October. D  u ring the winter months, that

d e p artment operates a limited litter

c o ll ection service and removes seaweed w  h en it collects in large quantities

a n d becomes a nuisance to nearby

p r o perties.

T h e summer service, which is manned to a l a rge extent by temporary employees, s ta r ts daily at 6.00 a.m. The aim is to

c o ll ect litter from the beach, clean

p r o menades and empty litter bins before m  o st visitors are on the beach. It will

b e a pparent that the timing of part of

t h is operation is governed by the tides

a n d it is for this reason that the

s ta f f are also deployed on the

m  ai ntenance and cleaning of other

c o a stal areas.

T h e department regularly cleans 21

m  il es of beach and promenade. The most p o p ular beaches are cleaned daily and

w  h en necessary twice each day.

W  h ilst the public frequently telephone t o p oint out areas in need of attention w  h ich is, of course, helpful to that

d e p artment; during 1992 four letters of c o m plaint from members of the public w  er e received by Public Services.

T h e Committee does not accept that the I s la nd's beaches are in a disgraceful

s ta t e''. While the cleanliness of

b e a ches themselves is of great concern t o v isitors of even greater importance

i s th e cleanliness of sea water. Recent p u b licity has shown clearly the very

h i g h standards that are being achieved a n d should be taken into account in the c o n text of the service provided to

r e si dents and the tourist industry.  4 .  The Committee's policy for the future i s to maintain and where possible

i m p rove on the present standards of

b e a ch cleaning.

I t is not part of the Committee's

p o l icy to introduce a regular full-time b each cleaning service during the

w  in ter months.

I n t he statement I made to the States t w o weeks ago, I accepted that no

s e rv ice is beyond improvement.

F o r the 1993 season, it is intended

t h at the following improvements will be i n tr oduced -

1 . Staggered working hours of

cl e a n in g gangs to enable a second em  p t y ing of litter bins in the

la t e a f ternoon.

2 . The full summer service will be ex t e n d ed at the end of the season if t h is is warranted.

3 . The options for modifying or ac q u i r ing better beach cleaning eq u i p m ent investigated.

4 . The Anti Litter Council which,

u n d er the chairmanship of Mrs.

C y n th i a Rumboll, has done such

st e rl i n g work in the past two

y ea r s o n behalf of the Committee, w i ll t a rget on clean beaches in

1 9 9 3 . Part of this initiative will

b e t o i mpress firstly on all those

w h o u se the beaches their

re s p o n sibility towards keeping

th e m c lean and, second to seek the v o lu n t ary co-operation of those

m a n a g ing beach concessions and

o th e r s easide commercial

fa c i li ti es that they too should

p la y an active part in keeping

b ea c h e s free of litter.

P u b lic Services has no intention of f a il ing to adopt new procedures to i m p rove the present service but that c a n only be done within the present m  an power and financial constraints i m p osed on the Committee.''

Unemployment in Jersey. Questions and answers. (Tape No. 173)

Deputy Maurice Clement Buesnel of St. Helier asked the President of the Policy and Resources Committee the following questions -

1.  W ould the President confirm that

h i s Committee is investigating the

p o sition regarding the unemployment s it u ation in Jersey?

 2 .  Is it the intention of the Committee

t o i nstigate talks with employers,

u n i ons and industry representatives in

o r d er to develop a strategy for the

e m p loyment of local persons?

 3 .  Would the President consider

t h e possibility of paying training

a l lo wances to employers engaging local s ta f f without experience in their

i n d ustries, and indeed, as some

co u ntries do, to subsidize some areas

o f e mployment?

 4 .  Would the President agree that the

p a y ment of parish welfare rates to the u n e mployed minimizes the impact of

j o b lessness on the Island economy and i s r ightly an Island responsibility

t h at should be met from general

r e v enues?

 5 .  In view of the rising unemployment

f ig u res in the Island, is the Policy

a n d Resources Committee now examining t h e necessity for Jersey to introduce a

w  o rk permit system, so that the local

l a bo ur force can be properly protected

f ro m those seeking economic refuge from l e ss prosperous areas of the Continent

o f E urope?''

The President of the Policy and Resources Committee replied as follows -

1.  M y Committee has given and

co n t i n ues to give a considerable

am o u n t of time to addressing the u n em p loyment situation in Jersey. I w ould emphasise however that

th i s i s not a matter of concern to

m y C o mmittee alone. The Social

S e cu r i ty, Education and Public

S e rv i c es Committees in particular h av e k ey roles to play in

re s p o n ding to the unemployment si tu a t io n, as have the parishes,

b u t I b elieve that all Committees

o f th e States have a contribution to m a k e in one form or another.

A  t its meeting on the 26th January 1993 m  y Committee considered both the action t a ke n to date and what more could be

d o n e in the light of what was expected

t o b e a continuing relatively high

l e ve l of unemployment in common with W  e stern Europe generally. The action

t a ke n to date includes -

1 . a t e mporary employment scheme; 2 . a y o uth training initiative;

3 . g e n erally encouraging

em  p l o y e rs to favour local

re s id e n t l abour;

4 . b r in ging forward capital

ex p e n d iture;

5 . g i v ing preference to local

su p p l ie rs of goods and services;

6 . i m p roving the Island's

co m  p e titiveness by limiting

in c r e as es in public sector prices;

7 . r e d ucing controls to encourage

p ri v a te investment and job

cr e a ti o n;

8 . m  a intaining a large States

ca p i tal programme;

9 . g e n eral support for training;

1 0 . g en eral support for the

Is l an d ' s industries to encourage

th e cr e ation of new employment

o p p o rt unities.

L o o king to the future my Committee at i ts m eeting on 9th February 1993, and f o ll owing a visit to the Job Centre

w  h ere a meeting was held with the

P r e sident of the Social Security

C o m mittee, the Acting Controller of

S o cial Security and the Manager of the J o b Centre, agreed that the key

r e q uirements were -

1 . t o p rovide a comprehensive

co u n s e l li ng/advice service for th e u n em  ployed;

2 . t o p rovide further

o p p o rt u n ities for the training

o r re - t ra i ning of the

u n em  p l o yed as required;

3 . t o u ndertake a programme of te m  p o ra r y job creation;

4 . t o encourage long-term

em  p l o y m ent opportunities by cr e a ti n g a more favourable

b u si n e s s climate.

I t h as been agreed with the Social S e c urity Committee -

t h at counselling should be provided on a c o nfidential basis at Philip Le

F e u vre House in conjunction with the J o b Centre;

t h at there is a need for the Job Centre t o b e more pro-active in promoting,

t h ro ugh the media, the skills and

e x p erience of the persons on the

u n e mployment register;

t h at there is a need to engage in a

d e g ree of pre-selection for those sent f o r jobs to avoid discouraging

e m p loyers from using the Job Centre.

T h e Social Security Committee also has a g r eed to come forward at an early date w  it h proposals for a job creation

p r o gramme for the winter of 1993/94.

 2 .  Last November my Committee held

a m  eeting at the Pomme D'Or Hotel to

w  h ich 150 employers and employee

r e p resentatives, and other interested

p e r sons, were invited. There was a good e x c hange of views and at the conclusion

o f t he meeting I invited those

a t te nding to let my Committee have

t h ei r further thoughts. A number of

h e lp ful letters have been received. It

i s m y Committee's intention to follow

u p this action and engage in further

d i sc ussions on specific proposals once

a f u ller picture is obtained of the

e m p loyment and training needs of the

u n e mployed through the

c o u nselling/advice service to which I

h a v e previously referred.

 3 .  My Committee set up the Jersey Training A  g ency just over a year ago and this

b o d y is engaged in the development of a

c o m prehensive training programme

s u p ported by training grants. As the

t ra i ning needs of the unemployed are

b et ter identified so I would expect

t h is to be reflected in the training

p r o gramme. I am sure the right approach i s to assist in the training and re-

t ra i ning of those concerned to enhance

t h ei r prospects of obtaining the jobs

t h at are available in the Island rather

t h an simply offer a subsidy to

e m p loyers to engage local staff.

 4 .  The payment of parish welfare does

i n d eed minimize the impact of

j o b lessness and the payments made by

t h e parishes compare favourably with

t h e level of support available to the

u n e mployed in the United Kingdom. The p a r ish welfare system is also better

a b le to respond to the particular

c i rc umstances of individuals. I see

e v e ry advantage in retaining the

p r e sent system albeit that some

a r ra ngement may be called for to share

b e tt er the burden between the

i n d ividual parishes.

 5 .  The Policy and Resources Committee has e x a mined a number of ways of protecting t h e interests of the local labour

f o rc e. For example, the Committee has

g i v en its full support to the Finance

a n d Economics Committee's proposal,

a d o pted by the States, that the

R e g ulation of Undertakings and

D  ev elopment Law be amended in its

a p p lication so that a licence to take

o n additional staff is not required if

a p e rson has residential qualifications

o r h as been in the Island for more than

f iv e years.

I h a ve also mentioned earlier the many

w  ay s that the Committee has supported

a c ti on to assist the unemployed to gain

e m p loyment. My Committee believes that t h e best way to provide employment for

l o ca l residents is through a favourable

b u s iness environment, and through

t ra i ning and re-training to further

e n h ance their ability to take up the

e m p loyment that is on offer.

T h e Deputy will be aware that the view i s h eld that while introducing a work

p e r mit may have appeal, in that it may

a p p ear to offer the prospect of a quick

r e sp onse to the local unemployment

s it u ation, it is likely to be at the

e x p ense of long-term employment

o p p ortunities. The introduction of

a n o ther element of control could

d i sc ourage existing businesses from

e x p anding, could persuade businesses to r e -l ocate, or could discourage new

b u s iness enterprise, the effect of

w  h ich would be to reduce job

o p p ortunities in the long run. What is

c l ea rly needed in the present

c i rc umstances is the encouragement of b u s iness enterprise. The employment of l o ca l residents is more likely to be

a c h ieved if the economy is buoyant and b u s inesses see a positive future.

M  y Committee however has asked the

F i n ance and Economics Committee to

c o n sider whether the Regulation of

U  n dertakings and Development Law could b e u sed to give further protection to

t h e local labour force. The

p o s sibilities in this respect are to be

e v a luated at the next meeting of my

C o m mittee following which discussions

w  il l be held with the President of the

D  ef ence Committee on what, if any,

f u rt her action his Committee needs to

t a ke in respect of the Protection of

E m  ployment Opportunities legislation.''

Fraud and investor protection. Questions and answers. (Tape No. 173)

Deputy Stuart Syvret of St. Helier asked the Attorney General the following questions -

1.  I n the light of the

re c e n t publicity concerning the

fr a u d l aws of Jersey, can the

A t to r n ey General confirm that all fr a u d u lent activities are

p ro s e c uted regardless of the

am  o u n t involved?

 2 .  In the light of evidence received

r e la ting to the fact that officers of

t h e Financial Services Department have n o statutory powers or authority to

i n v estigate complaints in the financial

s e c tor, what protection in law do

i n v estors have, if any?

 3 .  As it has now been confirmed

t h at regulatory bodies such as LAUTRO h a v e no jurisdiction in the Channel

I s la nds, what immediate measures can be t a ke n to protect the investor?''

The Attorney General replied as follows -

1. I can confirm that subject to

s u f ficiency of evidence and all the

u s u al considerations affecting the

e x e rcise of the discretion to

p r o secute, fraudulent activities are

p r o secuted regardless of the amount i n v olved.

T h e Deputy 's question is however

p r o mpted by the terms of the

I n v estigation of Fraud (Jersey) Law 1 991 which does distinguish between f ra u ds of different kinds. It is only

i n t he case of serious or complex

f ra u ds that the Attorney General is

e m p owered to exercise certain wide r a n ging powers of investigation.''

The President of the Finance and Economics Committee replied as follows -

2. T heFinancialServicesDepartment

d o es fr om time to time investigate

co m  p l aints received by members of th e p u blic regarding services

p ro v i d ed by finance sector firms

in a re a s like banking, collective

in v e s tm ent funds and trusts.

B e c a u se disputes between client

an d f ir m are civil and not

cr i m i n al matters, however, the

cl i en t 's ultimate recourse is to

th e co u rts in the usual way. The

d ep a r t ment has, however, often

b ee n s uccessful in its efforts to

ac t a s conciliator between the

p ar t ie s .

D  ep ositors and investors do have

p r o tection under various statutes like

t h e Banking Business (Jersey) Law 1991, t h e Collective Investment Funds

( J er sey) Law 1988 and the Companies

( J er sey) Law 1991. If a complaint were

t o g ive rise to a suggestion of fraud

o r o ther criminal activity then the

m  at ter would be referred to the CID or

o t h er action taken under powers in

t h o se statutes to obtain information or t o u ndertake, or have undertaken,

a p p ropriate investigations.

E x a mples of statutes under

w  h ich information may be obtained by t h e Committee in the discharge of its

r e g ulatory and supervisory functions

a r e as follows -

U n d e r the Banking Business

(J e r se y ) Law 1991 protection to

d ep o s i tors is provided in a number

o f w a y s -

(i ) B a n ks registered in Jersey

u n d er th e law are all

as s o c i at e d with banks of

in t e rn a t io nal stature in their

h o m e co u ntry which are subject in th o s e c ountries to banking

su p e r v i si on on a consolidated

b as i s ;

(i i) A ll registered banks are cl o s e ly s u p ervised with

d et a i le d i n f ormation

p ro v i d e d t o the Financial S e rv i c e s D epartment on a q u a rt e rl y b a sis;

(i ii ) A ll banks have to re-apply fo r t h e ir re g istration on

an a n n u a l b asis and the

F in a n c e a n d Economics

C o m  m i tt e e has power to

im  p o s e c o n ditions on a

re g i s tr a ti o n or to revoke

a r e g is tr a t io n;

(i v )  The Committee has power to ca r r y o u t s p ecial

in v e s ti g a ti o ns on any bank

re g i s te r e d u nder the law;

(v ) A  ll new controllers, directors an d m an a gers have to be

ap p r o v e d to ensure that they

ar e fi t a nd proper'' to

ca r r y o u t their duties.

A l so , u nder the Collective

In v e s tm ent Funds (Jersey) Law 1988 p ro t e c tion to investors in such

fu n d s is provided at various

l e v el s -

(1 ) T  h e department exercises

co n t r o l o ver the promoters'

fi tn e s s a n d properness and

ap p l i e s th e same tests to the

ac t u a l s c heme itself. It also

d et e r m i n es whether or not the sc h e m e i s commensurate with th e ty p e of investor

en v i s a g e d;

(2 ) O  n ce a scheme has been

ap p r o v e d it is backed up with  c o m  pliance visits from

o ff ic e r s o f the Financial

S e rv i c e s Department;

(3 ) A  n y changes to a scheme are al s o c l o s ely examined to

en s u r e t h at the interests of

in v e s to r s are not harmed;

(4 ) I f t here is any concern

re g a r d in g the integrity of the

sc h e m e , then the law gives the C o m m i tt ee the power to carry

o u t in s p e ctions.

(5 ) A  s a last resort the law

en a b l e s t he Committee to take

o v er o r s hut down any scheme.

N ew legislation is of course in the

p r o cess of being developed in the areas

o f t rust business, company

a d m inistration business, investment

b u s iness and insurance services

b u s iness and it is intended that this

b e p ut forward for debate in the States l a te r this year.

I n t he meantime a measure of control

c o n tinues to exist through the

o p e ration of the Regulation of

U  n dertakings and Development Law. In g r a nting or refusing licences to

p e r sons wishing to commence new

u n d ertakings the Finance and Economics C o m mittee is empowered to have regard t o t he need to protect the commercial

a n d financial integrity of the Island

a n d uses this power to scrutinise

p r o posals for the establishment of new f in a ncial services businesses.

 3 .  United Kingdom self-regulatory

o r g anisations in the investment

b u s iness arena do have powers over

t h ei r Jersey based members but only to

t h e extent that such members are

u n d ertaking United Kingdom investment b u s iness. It has been recognised for

s o m e time that a local registration and

s u p ervision system should be put in

p l ac e for all investment businesses

o p e rating in or from within Jersey and

a l so for certain other classes of

f in a ncial business. It is hoped that

s u c h a supervisory system will be

d e v eloped on similar but simpler lines

t o t hat in the United Kingdom and that

d r a ft legislation will be laid before

t h e States later this year.

I also wish to comment in general that the

p olicy of selectivity adopted by successive

F inance and Economics Committees over the y ears with regard to the financial

i nstitutions which have been permitted to

e stablish here has played a significant

p art in ensuring that the Island provides a

s ecure environment for those requiring

f inancial services of all kinds. In

a ddition Jersey has of recent times updated

i ts commercial legislation and its

s upervisory and regulatory laws and

a rrangements so as to retain its

i nternational standing as a stable,

p rofessionally sound and well respected

i nternational finance centre.''

Housing restrictions. Question and answer. (Tape No. 173)

Deputy Stuart Syvret of St. Helier asked the President of the Housing Committee the following question -

  As Jersey deems it an advantage to

 e ncourage wealthy immigrants to move to the  I sland, can the Housing Committee confirm

 t hat prospective 1(1)(k)s are fully

 i nformed of the housing restrictions on

 t his category?''

The President of the Housing Committee replied as follows -

  I am able to inform the Deputy that the  a nswer to his question is yes.''

Chief Officer, States of Jersey Police Force. Statement

The President of the Defence Committee made a Statement in the following terms -

  As Members will be aware discussions have  b een taking place in recent weeks on the

 a ppointment of a successor to the present

 C hief Officer of the States of Jersey

 P olice Force, Mr. David Parkinson, Q.P.M.,  F .B.I.M. Those discussions are reaching a

 c onclusion but there are legal and

 t echnical problems which have not yet been

 r esolved. I can, however, tell Members that

m y Committee will be bringing forward a

 p roposition regarding the appointment of a

 n ew Chief Officer in a fortnight's time,

 a nd will be seeking on that date an

 i n camera debate.''

Beauport Bay, St. Brelade . Statement

The President of the Public Services Committee made a statement in the following terms -

  I am aware of concern at the Public

 S ervices Committee's unwillingness to

 i ndicate the cost of remedial action to

 p rovide a more permanent solution to the  p roblems at Beauport arising from the

 d umping of potatoes.

T he department's engineers are in total

s upport of the recommendations made by the W ater Research Centre as the most probable m eans of resolving the problems. The

i ntention is to collect the leachate in a

c atchpit let into the cliff face before it

f lows down the existing water course and

p ump it to underground storage tanks for

e ventual disposal at Bellozanne.

T he Committee's principal concern now is to s ee the work undertaken with the least

p ossible delay. To this end, the Committee

w as faced with two options.

F irstly, of going down the conventional

r oute of further site investigation,

p reparing a detailed design and

s pecification, preparing tender documents

a nd ultimately accepting a tender. A

p rocedure which would enable the work,

w hich would probably take three months, to s tart at the end of May or in June.

T he alternative would be for the department t o negotiate rates for the various aspects

o f the work with a local contractor with

e xperience of this category of work and who w as capable of starting work at short

n otice. By adopting this procedure, it is

p robable that the work could be finished by t he end of  June.

W hile it is not within the authority of

t he Public Services Committee to proceed in t his way, it clearly has the great merit of

r emoving the nuisance from Beauport before t he height of the summer season rather than t he bay being disrupted by the construction a t that sensitive time.

L ast week, I wrote to the President of

t he Finance and Economics Committee for a uthority to adopt this method of getting

t he work under way and, until a decision is r eached, revealing the possible cost of the w ork would be damaging to public interest.

I undertake at the appropriate time to d isclose how much the work has cost.''

French nuclear installations. Statement

The President of the Defence Committee made a statement in the following terms -

  Members will be aware of the arrangements  t hat we have with the French authorities

 w hereby the States of Jersey are kept

 i nformed of developments at the nuclear

 p lants on the Cotentin peninsula. In

 a ccordance with these arrangements, my

 C ommittee recently received a statement,

 d ated 12th February 1993, from the

 F lamanville Nuclear Electrical Production

 C entre, the English language version of

w hich is as follows -

S u bject:  Works on the Flamanville

s it e

E D  F is carrying out preparatory works

o n the Flamanville site in anticipation

o f c onsent being granted to the

c o n struction of Phases 3 and 4. It is

c o n firmed that a new stage of

c o n struction will commence on 15th F e b ruary 1993 with excavation and

g r o und works on the site to create a

s u it able platform on which the new

i n st allation will be constructed.

I t is estimated that approximately

1 8 months will be needed to build the p l at form and this will allow the

c o n struction of the new phase to

p r o ceed in due course.

T h e eventual starting date for

t h e construction of the new phase has n o t yet been the subject of any

d e c ision, and in any case it would only h a p pen after a public inquiry, which at t h e present time has not been

p r o grammed.'.

W hen the Flamanville Station was built in

t he early 1980s, it was intended to be a

f our reactor station. However, because of

d evelopments in the French economy at the

t ime, the construction of the third and

f ourth reactors did not take place and

t here were doubts whether they would ever

b e built. In view of the steps now being

t aken, my Committee is seeking, as a matter

o f urgency, further information about the

l atest developments and the timing of the

v arious stages of the project. We will seek

t o establish, through official channels and

o therwise, the appropriate means whereby

a ny representations that the States may

w ish to make concerning the development may b e made known to the French authorities. My C ommittee will also contact our colleagues

in Guernsey with a view to establishing a

c ommon approach to the issues.

I n considering these initiatives my

C ommittee is, of course, mindful of the b enefits enjoyed by Islanders through the J .E.C.'s electricity link with France.

M y Committee has also received, through

o fficial channels, a copy of a note

v erbale' dated 27th January 1993, from the

F oreign and Commonwealth Office to the

F rench Embassy in London, regarding the

n uclear reprocessing plant at La Hague.

M embers will recall that, on 26th November 1 992, the States adopted a proposition in

t he following terms -

T H E STATES objected to any

f u rt her intensification of the nuclear

r e p rocessing plant at Cap de la Hague; a n d requested H.M. Government to

f o rw ard the States' objection to the

g o v ernment of France.'.

T he Foreign and Commonwealth Office, note, u ses the words of the States' Act, but my

C ommittee considers that the overall tenor

o f the note is disappointing and it does

n ot reflect the extent of the concern

e xpressed by the States on this matter. The

p olicies of H.M. Government and the French G overnment towards nuclear reprocessing

a ctivities are similar and reflect the

p resence in both countries of nuclear

r eprocessing plants. In the circumstances,

i t appears to have been unrealistic of the

S tates to expect H.M. Government to share

t he States' concern. However, as H.M.

G overnment is responsible for the Island's

i nternational relations, my Committee is

m aking further representations to the

B ailiff with a view to determining more

e ffective means of making known the degree

o f the States' concern about the nuclear

r eprocessing plant at La Hague.

I will keep the States informed of progress i n both these matters.''

Rent Control Tribunal: appointment of members

THE STATES, adopting a proposition of the Housing Committee -

a ppointed, in pursuance of paragraph (1) of A rticle 3 of the Dwelling Houses (Rent

C ontrol) (Jersey) Law 1946, as amended, the f ollowing persons to act as Chairman and

M embers of the Rent Control Tribunal from 1 3th April 1993, until 12th April 1994,

n amely -

H  en ry Robert Hall , O.B.E., Chairman

M  r s. Shirley Norma Barr L e s lie R. Crapp

T e r ence Lavery

Grouville Hospital Site: community leisure centre. P.20/93

THE STATES commenced consideration of a proposition of the Connétable of Grouville regarding the use of the Grouville Hospital site as a community leisure centre.

After further discussion, the States adopted a proposition of Senator Richard Joseph Shenton that the matter be referred back to the Connétable of Grouville after agreeing that the matter will be brought back to the States on 30th March 1993''.

Members present voted on the reference back as follows -

P o u r'' (29) Senators

S henton, Jeune , Binnington, Rothwell, Le M ain, Le Maistre, Stein, Quérée.

Connétable s

S t. Mary, St. Ouen, St. Peter, Grouville , S t. Helier.

Deputies

B eadle(B), Wavell(S), St. Peter , H.

B audains(C), Le Sueur(H), Jordan(B),

B ailhache(H), Rabet(H), S. Baudains(H), G rouville, St. Martin , Le Geyt(S),

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

C o n tre'' (22) Senators

 H orsfall, Baal, Carter, Chinn. Connétable s

S t. John, St. Clement, St. Lawrence, St. B relade, Trinity , St. Martin, St. Saviour.

Deputies

L e Gallais(S), Rumboll(H), Blampied(H),

N orman(C), St. John, St. Ouen,

C outanche(L), Huelin(B), Clarke-Halifax(S), L e Fondré(L), Walker (H).