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STATES MINUTES 30t h Ma rc h 1993
T HE STATES assembled on Tuesday, 3 0th March 1993 at 9.30 a.m. under
t he Presidency of the Bailiff ,
S i r P eter Crill, C.B.E.
__ _______ ___
All Members were present with the exception of -
S enator Pierre François Horsfall - out of
t he Island.
I ris Medora Le Feuvre, Connétable of St.
L awrence - out of the Island.
M argaret Sylvia Rose Beadle, Deputy of St. B relade - ill.
__ _______ ___
P r aye rs
__ _______ ___
Deputy P.J. Le Masurier
The Bailiff on behalf of the States' Members, congratulated Deputy P.J. Le Masurier of St. Ouen on his recent marriage and wished him well for the future.
Subordinate legislation tabled
The following enactment was laid before the States, namely -
R oad Traffic (Saint Martin)
( Amendment No. 5) (Jersey) Order 1993. R & O 8530.
Dwelling Houses Loan Fund: accounts for 1992. R.C.11/93
The Housing Committee, by Act dated 19th March 1993, presented to the States the Dwelling
Houses Loan Fund accounts for 1992.
THE STATES ordered that the said accounts be printed and distributed.
Regulation of Undertakings and Development: six- monthly manpower returns. R.C.12/93
The Finance and Economics Committee, by Act dated 22nd March 1993, presented to the States
an analysis of the manpower returns for the six months ended 31st December 1992, provided under Article 2A of the Regulation of Undertakings and Development (Jersey) Law 1973, as amended.
THE STATES ordered that the said returns be printed and distributed.
Grouville Hospital site - community leisure centre (P.20/93): report. R.C.13/93
The Island Development Committee presented to the States a report of the Working Party set up
to provide additional information regarding the use of the Grouville Hospital site as a comunity leisure centre (P.20/93).
THE STATES ordered that the said report be printed and distributed.
Matter noted - land transaction
THE STATES noted an Act of the Finance and Economics Committee dated 22nd March 1993 showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
a s recommended by the Public Services
C ommittee, the purchase from Mr. Pierre
A nthoine Guiton and Mrs. Eugenie Clementine M odestine Guiton (née Besnard) of No. 9
F rancis Street and No. 43 Colomberie, St.
H elier, required for road improvement
p urposes for the sum of £232,250, with the
C ommittee being responsible for the payment
o f legal fees.
Matters noted - financial transactions
THE STATES noted an Act of the Finance and Economics Committee dated 22nd March 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 Housing Committee had accepted the l ow est of six tenders, namely that
s ubm itted by Hacquoil and Cook Limited i n a contract period of 78 weeks, in
t he s um of £3,010,385 for the proposed
deve lopment of States Loan acc ommodation at Field 1517, B el lozanne, St. Helier ;
( b) the Housing Committee had accepted the l ow est of eight tenders, namely that
s ubm itted by J.F. Marett and Son
L i m ited in a contract period of 44
w e eks , in the sum of £537,400 for the
pr op osed development of six units of
S t a tes' rental accommodation on the
s it e p resently occupied by 92 and 94
S t op ford Road and 118 and 119 St.
S avi our's Road, St. Helier .
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Agricultural nuisance - Maufant,
S t . S aviour and St. Martin : petition. P .36/ 93.
P r es ented by Senator
R .J . Shenton.
2 . Continental Hotel site, St.
H e l ier: approval of drawings. P.37/93. P r es ented by the Housing
C om mittee.
3 . Green lanes. P.38/93.
P r es ented by the Connétable of S t . P eter.
4 . Jersey Transport Authority: com position. P.39/93.
P r es ented by Deputy P.A.
B ai lhache of St. Helier .
5 . Draft Motor Traffic (Third-Party
I ns ur ance) (Amendment No. 8) (Jersey) L aw 199 (P.28/93): amendments.
P .40/ 93.
P r es ented by the Defence
C om mittee.
6 . Springfield, St. Helier :
r ez oni ng. P.41/93.
P r es ented by the Sport, Leisure and R ecreation Committee.
7 . Minimum wage and redundancy
paym ents (P.35/93): amendment. P.42/93. P r es ented by Deputy D.L. Crespel
of S t. Helier.
8 . Draft Motor Traffic (Third-Party
I ns ur ance) (Amendment No. 8) (Jersey) L aw 199 (P.28/93): second amendments. P .43/ 93.
P r es ented by Senator D.A. C ar ter.
The following subject was lodged au Greffe'' on 23rd March 1993 -
M inimum wage and redundancy
p ayments. P.35/93.
P resented by Senator R.J. Shenton.
Arrangement of Public Business for the next Sitting on 13th April 1993
THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the
next Sitting on 13th April 1993 -
1 . Draft Motor Traffic (Third-Party
I ns ur ance) (Amendment No. 8) (Jersey) L aw 199 . P.28/93.
L odged : 2nd March 1993.
D e f ence Committee.
2 . Police Complaints Authority: es tabl ishment. P.29/93.
L odged : 2nd March 1993.
D e f ence Committee.
3 . Parish Rate Appeals. P.135/92. L odged : 15th September 1992. S enat or R.R. Jeune .
4 . Continental Hotel site, St. Helier : appr oval of drawings. P.37/93.
H o us ing Committee
5 . Draft Criminal Justice (Standard Scale of F ines) (Jersey) Law 199 . P.132/92. L odged : 1st September 1992
L egi slation Committee.
6 . Draft Motor Traffic (Third-Party
I ns ur ance) (Amendment No. 8) (Jersey)
L aw 199 (P.28/93): amendments. P.40/93. D e f ence Committee.
7 . Springfield, St. Helier : rezoning. P .41/ 93.
S por t, Leisure and
R ecreation Committee.
8 . Draft Motor Traffic (Third-Party
I ns ur ance) (Amendment No. 8) (Jersey) L aw 199 (P.28/93): second amendments. P .43/ 93.
S enat or D.A. Carter.
Minimum wage and redundancy payments. P.35/93
and P.42/93
THE STATES rejected a proposition of Senator Richard Joseph Shenton that paragraphs (2) and (3) of his proposition regarding minimum wage and redundancy payments should be considered at the next Sitting on 13th April 1993.
Members present voted as follows -
P our '' (23) Senators
S henton, Jeune , Binnington, Horsfall, S tein, Quérée.
Connétable s
S t. Clement, St. Brelade , St. Peter , G rouville, St. Helier , St. Saviour .
Deputies
R umboll(H), Wavell(S), St. John , St. Peter , S t. Ouen, Rabet(H), Grouville , Le
F ondré(L), Le Geyt(S), Crespel(H),
T rinity.
C ont re'' (27) Senators
R othwell, Le Main, Le Maistre, Carter, C hinn.
Connétable s
S t. John, St. Mary , St. Ouen , Trinity , St. M artin.
Deputies
L e Gallais(S), Blampied(H), Norman(C), H . Baudains(C), Buesnel(H), Le Sueur (H), C outanche(L), Huelin(B), Jordan(B), St. M ary, Bailhache (H), S. Baudains(H),
C larke-Halifax(S), St. Martin , Walker (H), S yvret(H), Pullin(S).
THE STATES referred paragraphs (1) and (2) of the proposition to the Industrial Relations Committee and paragraph (3) to the Finance and Economics Committee.
Maufant, St. Saviour and St. Martin : petition
Senator Richard Joseph Shenton presented to the States a petition on behalf of the residents of Maufant, St. Saviour and St. Martin , asking the States to grant the prayer of the petition and direct the Agriculture and Fisheries Committee to take appropriate action to remedy, without undue delay, the nuisance which had been caused by smells from a recently-established agricultural unit situated at Maufant in the parishes of St. Saviour and St. Martin .
THE STATES referred the said petition to the Agriculture and Fisheries Committee and lodged au Greffe'' the proposition of Senator Richard Joseph Shenton (P.36/93) that the prayer of the petition be granted.
Unemployment situation in Jersey. Questions and answers. (Tape No. 178)
Deputy David Leon Crespel of St. Helier asked the President of the Social Security Committee, the following questions -
1. Wo uld the President agree that
ther e i s plenty of evidence that
de s pi te t he unemployment situation ther e ar e still numbers of workers
ar r ivi ng i n the Island and taking
jobs t o t he detriment of local,
une m p loyed residents?
2 . Would the President also confirm that
t he r e is evidence that a number of
l oc al firms are sub-contracting work to s o -cal led sub-contractors' or even
su b -sub-contractors', who are not
r eg istered businesses and are not
t reat ing such workers as employees, and t ha t main contractors (and so-called
su b -contractors' and sub-sub-
cont ractors') are thereby avoiding
paym ent of Social Security
cont ributions in respect of those who
s houl d be treated as employees?
3 . Would the President define a s ub -contractor?
4 . (a) What steps are being taken to
une ar t h this type of activity and w hat r esources are being devoted to s t am p out this practice?
( b ) Are prosecutions likely to follow?
5 . Would the President agree that
w o r kers exploited in this way are not, i n f act, protected against accidents
and t hat they and their families might be pu tting themselves at a severe
di sadva ntage as a result of any such acc ident?
6 . Would the President agree that if
t he S ocial Security Regulations were pr op erly enforced there would be less i nc ent ive to bring in outside workers and t he local employment situation
w o ul d be improved?
7 . Would the President supply an analysis w i t h as much detail as possible of the
r eg istered unemployed as at the end of F ebr uary 1993?''
The President of the Social Security Committee replied as follows -
1. T he Deputy 's question is timely
an d I a m pleased to have the
opp or t unity to give a detailed
an s w er . Other than rumour and
sp ecul ation, there has been no
ha r d e vi dence of the volume of
w or k er s arriving in the Island and
taki ng j obs to the detriment of
local , une mployed people. However, the S oc ial Security Department
und er t ook a small survey between
8t h and 19th March 1993 (two
w eek s) and noted a total of 132
pe opl e coming to the Department to regi st e r as employed persons.
R egi s t ration by the Department
nor m al ly occurs only when a person ha s a j ob to go to. 87 of the 132
pe opl e were in Jersey for the very
fi rs t t im e, while the other 45
w er e per sons returning to the
Is l and. T he figures do not include
local r esidents (or school
leave rs ).
S om e of the jobs were seasonal ones
w h i ch could have been taken by the
l oc al unemployed, but 50 jobs appear to be no rmal and permanent positions. The r an ge of jobs and employers is varied - gl azi er, builder, storeman, handyman,
s al es assistant, shelf filler,
r ec ept ionist, trainee manager,
pai nt er/decorator, carpenter - all of
w h i ch could be filled from the local unem ployed sector.
T he pr oblem appears to be with
l oc al employers who, for one reason or anot her, and despite continual
r em inders, do not seem to be supporting l oc al labour. The Social Security
C om mittee will be discussing this
s ur vey a t its meeting next week and
w i l l make the results known to the
P ol icy and Resources Committee. On a cont inuing basis the Department will be m o nitoring the situation more formally, and w ill be taking further steps to
r em ind employers to look to the local
l abour market, and I hope that these ans wers reinforce the message.
2 . I confirm that the Department is aware of the practice, particularly in the
l oc al building industry, of encouraging per sons on a labour only sub-contract
bas is (i.e. self-employed) and not as
di rect employees. This, in itself, is
not necessarily a breach of the Social
S ecur ity (Jersey) Law, 1974; however, i t m ay be that in some cases, when the
t er m s and conditions of such sub-
cont ract self-employment are reviewed by t he Department, these persons may
w e l l be re-classified as direct
em pl oyees, and the contributions
col l ected from the employer. It has
been suggested that in some instances
per sons may accept the self-employed
condi tions imposed by the employer
beca use that is the only way of keeping t he i r employment, and furthermore they m ay t hen have difficulty in paying
t he i r own Class 2 contributions at 9.5
per cent as opposed to the 4 per cent
of t heir wages which they would pay as di rect employees. As and when these
i ns t ances come to the Department's
at t en tion the appropriate action can
and w ill be taken. I appreciate that
t he r e is a possibility of some persons
w i t h self-employed' status taking a
chan ce and not registering at all under
t he S ocial Security Law. Our
i ns pect orate is active in this area,
and r ecent publicity and the building
i nd ustry grapevine' are all helping to
deal with this matter, for which I am
enco uraged by the results to date.
3 . The general description of a sub-
cont ractor' for the purposes of these
ques tions would be an individual or
com pany engaged on an independent basis t o d o a particular piece of work on a
pr i ce for the job' basis.
4 . (a) This activity is largely confined to t h e bui lding and civil
en gi ne ering industry, and I
recen tl y highlighted in the media
our det ermination to discourage
su ch pr actices. Within the
m anpo wer resources of our
ins pe ct orate we do regular visits
to cons truction sites to examine recor ds and ensure compliance.
T hi s i ncl udes the classification
or r e - cl assification of persons in
the i ndus try where self-employed su b - co ntractors are found to be
m or e pr operly defined as employees of a pe rson or business. My
C om m ittee is also examining draft legi sl a tion which would greatly
as s i st t he Department's inspectors in t h e pol icing of non-compliance of t he S ocial Security Law.
( b ) Following recent surveys and
ac t ivi t ies of the Inspectorate
S ec t i on i nvolving investigation of cl as si f ication problems, cases of
non -com pliance have been and will be r ef er red to H.M. Attorney
G ene ral for consideration of
ins ti t ut ing legal proceedings.
T hi s i s particularly so in the
ev ent of any continuing or
recur ri ng failure to comply with
S oc ial Security Regulations, and I ha ve no d oubt that in appropriate
ca s es pr osecutions will follow.
5 . Failure to pay contributions to the
S oci al Security system puts that person at r isk of losing entitlement to
bene fits. However accident benefit
l egi slation extends back to the old
A c ci dent Insurance Laws, and it is
pos sible that some workers could
cont inue to be covered specifically for
acc idents at work. Nevertheless to
cl ai m any benefit through the Social
S ecur ity System that person has to make hi m self known to the Department, and
t hi s would highlight any non-
com pliance. I do agree that any workers not registered are putting themselves
and t heir families at a serious
di sadva ntage not just for accidents but
f or t he wide range of benefits
cur rently available.
6 . I have every confidence that within our r es our ce limitations, Social Security
obl igations are currently being
pr op erly enforced, both in terms of
cont ributions and in such matters as
s af et y regulations where the building
i nd ustry is again not immune from
cr it icism. I believe that the building
i nd ustry in general is anxious to
enco urage and utilise local labour, and t ha t their only incentive to bringing
i n o utside workers can be if local
em pl oyees cannot compete on either
s ki l ls or costs. The Island has a
s tr ong (and relatively large) pool of
s ki l led labour and I trust that it will
r em ain well employed and adequately pai d.
7 . I attach a detailed analysis of the
r eg istered unemployed at the end of
F ebr uary 1993 and confirm that my
D e par tment would be happy to supply the D e put y or any other Member with any
s pec ific details.
U n em ployment statistics - February 1993
N o t es on the monthly statistics of
r eg istered unemployed produced by the J ob C entre.
- Total unemployed
T he t ot al number of registered
une m p loyed at the end of February 199 3 w as 979. This shows a
de cr e as e of 60 persons over the
pr ece di ng month (1,039). The
cu r r e nt unemployment figure of 979 co m pa res with a total of 427
pe r s on s registered as unemployed in F ebr uary 1992.
In addi tion to those who were
regi st e red as unemployed at the
en d of the month there were 164 pe r son s engaged on the Temporary E m pl o yment Scheme (TES).
Y ear on y ear comparisons of net une m p loyment figures are given be l ow -
T ab le 1 - February
une m p loyment 1989-1993
1993 199 3 1992 1991 1990 198 9
F eb. J a n. F eb. Feb. Feb. Feb .
M en 741 758 319 221 184 180 W om e n 238 281 108 65 40 40 T O T A L 979 1,039 427 286 224 220
T he num bers of men and
w om en w ho were registered as
une m p loyed in February 1993 were hi gher by 422 and 130 respectively w hen com pared with the
co r r e spon ding month in 1992.
C har t 1 (attached) shows the
qua r t er ly unemployment trend from 198 1 t o the present period.
- Unemployed persons by age
T ab le 2 - Unemployed
pe r s on s by age and by length of une m p loyment
aged aged aged aged
18 -2 4 25 -34 35 -54 55-64 To tal
lengt h of un-
em pl oym ent
les s t h an
four w e eks 114 98 92 22 326 (462 )
four t o 13
w ee ks 112 99 119 30 360 (375) 14 t o 26
w ee ks 47 50 94 41 232 (156) M or e t han
26 weeks 17 10 22 12 6
1 ( 46 )
T ot al 290 257 327 105 979 (1,03 9 )
(306 ) ( 293 ) (339) (101) (1 ,039 )
33 pe r cent of those registered as
unem ployed at the end of February 1993 had b een unemployed for less than four w e eks . 653 people were registered as unem ployed for a period exceeding four w e eks , a rise of 76 persons over the
pr e vious month. The number of long-term unem ployed (i.e. those registered for
l on ger than 26 weeks) was 61, compared w i t h 46 at the end of the previous
m o nth.
290 (30 per cent) of the registered
unem ployed were aged between 18 and 24. T hi s compared with a total of 306 in
J anu ary and 127 in February 1992.
C har t II (attached) shows the rise of
l on g term unemployment as a proportion of t otal unemployment over the past 12 m o nths.
3 . Unemployed persons by occupational cat egor y
T abl e 3 below shows a breakdown of the r eg istered unemployed by occupational cl as sification -
F eb. J a n. F eb. 9 2
Man agers and administrators 52 48 3 4
P r of essional occupations 13 19 7
A s s ociation professional and
t echni cal occupations 28 32 18
C l er ical and secretarial occupations 16 0 1 69 61
C r af t and related occupations 243 263 8 7
P er sonal and protective service
occ upat ions 86 98 31
S al es occupations 83 93 40
P l a nt and machinery operatives 68 7 3 47
O t her occupations 246 244 102
T ot al 979 1,03 9 427 4 . Vacancies notified
D u r ing February 1993 the Job Centre w a s notified of 227 new vacancies. This com pares with a figure of 161 in the
pr e vious month, and 239 vacancies
not ified in February 1992.
5 . Vacancies filled
34 pe ople were placed in employment by t he J ob Centre during February. A
f ur t her 59 people are known to have
f oun d employment during the same
per iod. Figures for the previous month ar e 139 a nd 67 respectively. 80 people w e r e placed in employment by the Job
C ent re in February 1992. 6 . Vacancies unfilled
34 va cancies were carried forward by
t he J ob Centre at the end of February 1993. T his compares with 57 vacancies car r ied forward at the end of the
pr e vious month, and 55 vacancies
car r ied forward at the end of February 1992.' '
Social Security (Reserve) Fund. Questions and answers. (Tape No. 178)
Deputy Richard Peter Clarke-Halifax of St. Saviour asked the Vice-President of the Finance and Economics Committee the following questions -
1. D uring the period 1991/1992 in a
ti m e of rising stock market
indi c es the Social Security
(R es er ve) Fund recorded a loss on the s a l e of investments of
ap pr oxi mately £2.7 million. Would the V ic e-President explain how
su ch a l arge loss was incurred?
2 . How are the brokers and fund managers f or t he Reserve Fund chosen and what
degr ee of control over their activities
does the Committee have?
3 . If the Fund Managers are on contract how often is the contract reviewed?
4 . In view of the investment performance
over the period will the Committee be
r e -neg otiating the terms, fees,
com missions and conditions under which t he R eserve Fund is administered and
oper ated?''
The Vice-President of the Finance and Economics Committee replied as follows -
Before answering the specific questions
r aised by the Deputy , I would like to make a couple of points regarding investment and t he scrutiny of a report such as this.
I nvestment management is not an exact
s cience but the objective is to achieve the m aximum overall return, in both capital and i ncome, whilst maintaining a balanced
p ortfolio with minimum acceptable risk.
F urthermore, the management of a portfolio s uch as the Social Security (Reserve) Fund i s a long-term strategy and the results
o ver a number of years determine the real s uccess of the portfolio manager.
C onditions change in markets, currencies a nd economies, so at any given time
i nvestment decisions have to be taken that i nclude accepting a loss, selling the stock
o r share and redeploying the funds in a
m ore advantageous area. The object is to w in more than you lose and this has been a chieved by the managers, Warburg Asset M anagement (Jersey) Limited, over the
p eriod of their management.
T here are dangers in looking at figures
w hich are a snapshot at one particular
m oment in time without being aware of their t rue context and the background to that
p articular moment. At 30th September 1992 t he market value of the investments was
£ 120 million, the cost of those investments w as £103 million. Therefore, there were at
t hat time unrealised gains of £17 million.
I have had connexions with this Fund for
t he last 20 years and, therefore, I am
a ware of its progress over the last two
d ecades. During the time that Warburg have m anaged the portfolio (since 1986), the
v alue of the investments has increased from
£ 56 million to the current (February 1993)
£ 142 million, an increase of over 150 per
c ent. Of this growth Warburgs have received
£ 27 million as new money' from the
C ommittee, but they have also made net
r ealised gains of £36 million from dealing
w ith this money and the investments they
t ook over in 1986 - the remaining growth is i n unrealised gains (£23 million).
I currently chair the joint meetings
b etween representatives of the Finance and E conomics Committee, the Social Security C ommittee and the investment managers.
I perform a similar function for
t he Teachers' Superannuation Fund and I
a lso sit on the Management Committee of the P ublic Employees Contributory Retirement S cheme, so I am able to look closely at the
p erformance of all of these portfolios.
F urthermore, we employ Combined Actuarial P erformance Services Limited (CAPS) who m onitor almost 3,000 Pension Fund
p ortfolios and we look closely at our
m anagers' performance against the median of a ll of those portfolios. In the period of
W arburg's control, the overall return to
t he Fund has been 15 per cent in excess of
t he median of all of those 3,000 p ortfolios, a pretty satisfactory performance.
N ow turning to the specific questions -
- How was such a large loss incurred? To t hat question there are two answers -
O ne is that the details of all of the
t ransactions are available in the States T reasury.
S econdly, and more appropriately, I would
t ell the Deputy that the managers
i mplemented a change in investment strategy t hat necessitated the acceptance of losses
a nd the redeployment of those funds into
o ther areas where the outlook for potential
g rowth appeared to be much greater. The
c urrent value of the portfolio is £142
m illion, up £22 million - that is nearly
2 0 per cent - in the five months since 30th
S eptember last year, which proves that the m anagers were right in their decision.
- Portfolio managers are chosen from what is c ommonly called a beauty parade'.
C ompanies are invited to make a submission a s to how they would manage the portfolio
a s well as giving details of their
e xperience and group resources. From those a pplicants a shortlist is produced and
t hose companies are asked to make a
p resentation to a sub-committee appointed
f or the purpose.
I n the case of the Social Security
( Reserve) Fund, this Sub-Committee includes m embers of both the Finance and Economics a nd Social Security Committees, and is
a dvised not only by officers experienced in
i nvestment management, but also by an
i ndependent expert. After interviews, the
S ub-Committee compiles a report and
r ecommendation to the Administering
C ommittees, who jointly agree upon the
a ppointment. The managers are appointed
u nder contract and operate within
g uidelines laid down by the Finance and
E conomics Committee in conjunction with the S ocial Security Committee.
T he managers report all transactions
p romptly to the States Treasury and provide t he Committees -
m o nthly - with an analysis and val uation of the portfolio;
quar terly - with a detailed report on
al l as pects of the past quarter's
act i vity and a review of future
pr os pects, making recommendations for chan ge where appropriate;
t w i ce each year - representatives of
t he C ommittees, assisted by officers and a representative of CAPS (who also r ep orts on performance to the
C om mittees quarterly), meet the
i nv estment managers to consider past per formance and future policy and
s tr at egy.
T herefore, the House will realise that the C ommittees have a full oversight of what i ts investment managers are doing and
a dequate control of their operation.
- As indicated already, the investment
m anagers are appointed on contract which
m ay be amended (or terminated) by the
C ommittee at any time but which does not i ncorporate a concluding date because the
F und is of a long-term nature and, as long
a s the manager performs to the Committee's s atisfaction, he will continue to be
r etained. It is open for the Committee
f ormally to review the manager's contract
a t any time.
- I should point out to the Deputy that it
w ould perhaps have been wiser to test the
t emperature of the water before diving in.
T he thermometer that he is using is giving
h im a false reading. Notwithstanding the
£ 2.7 million loss on deals that has been
s uffered during the financial year 1991-92,
t he Fund managers still out-performed the
m edian of the 3,000 portfolios monitored
f or that period by Combined Actuarial
P erformance Services Limited by some 55 per c ent and, as previously indicated, since
S eptember 1992 the Fund has increased in
v alue by over £22 million.
T his is a very good performance overall in a n extremely difficult period and therefore w e will not be considering changing the
i nvestment managers or their terms and
c onditions at this point in time.''
Policy and Resources Committee membership. Statement
The President of the Policy and Resources Committee made a statement in the following terms -
The House will remember that at the end
o f last year my Committee announced that it
w as initiating a wide-ranging review of the n eed for change in the make-up of the
C ommittee, its terms of reference as agreed b y the States in January 1989, and in the
w ay it carries out its responsibilities.
I n doing so the Committee also decided to
s eek the views of the Chief Officers Policy G roup. Once this exercise had been
c ompleted it was the Committee's intention t o bring a full report to the States for
d ebate.
T he recent statement by Senator Shenton
t hat he wished to resign from the Committee h as brought to the fore one aspect of that
g eneral review, namely whether the
P residents of the Establishment, Finance
a nd Economics and Island Development
C ommittees should sit on the Committee ex-
o fficio. What is clear is that under this
a rrangement not only are these Presidents
u nable to resign from the Committee on
i ssues of principle without also resigning
t heir Presidencies, but the President of
t he Policy and Resources Committee cannot a sk for their resignation if the need
s hould arise.
T he request of Senator Shenton that the
c onditions of membership of the Policy and R esources Committee should be altered to
m ake it possible for him to resign from the C ommittee presents a window of opportunity t o change this particular aspect. The
C ommittee therefore would propose to lodge a n appropriate proposition at the next
s itting of the States.
T he intention would be to have a fuller
d ebate on a report covering the wider
i ssues of the rôle, responsibilities and
m odus operandi of the Committee at a later
d ate. However, as part of what the
C ommittee always envisaged would be a
p rogramme of consultation on these wider
i ssues I should like to extend an
i nvitation to all States' Members to join
t he Policy and Resources Committee in an
o pen forum on Wednesday, 7th April at
2 .30 p.m. in the Committee Rooms on the 9th f loor of Cyril Le Marquand House.''
Telecommunications Board. Statement
The President of the Telecommunications Board
I regret to inform the House that for the
p eriod 10th to 16th March 1993 inclusive, a pproximately 5,000 calls made to the Irish R epublic (010 - 353) were charged at
i ncorrect rates.
C alls made during the standard rate period, 8 a.m. until 6 p.m. were charged at 72.8
p ence a minute and calls made during the
c heap rate period, 6 p.m. until 8 a.m. were c harged at 64.4 pence a minute. The correct r ates for those time periods are 28.2 pence a nd 18.8 pence a minute respectively.
T he error occurred during a routing
c ommissioning of a third main connexion r oute into the United Kingdom and
i nternational network, and was the result
o f incorrect data programming of a section
o f our Local System X Trunk Exchange. S tringent procedures exist to check such
d ata changes, but on this occasion a
f ailure of the process occurred, and was
n ot detected for a period of one week. A
f ull review of the data verification
p rocedures is being undertaken, and a
r eport will be submitted to the Board. This i s the first instance that a problem of
t his nature has occurred.
C ustomers connected to North and East
S ystem X Exchanges were not affected, and c alls from those numbers have been charged a t correct rates. For the remaining System X customers, the Board is able to identify
t he calls to the Irish Republic, and
c redits will be automatically issued to
t hose customers on their next account.
C alls made from cardphones were also
c harged correctly.
F or non-System X customers, i.e. those
n umbers beginning with 38, 39, 52, 53, 54, 5 5 and 7, it is not possible to trace the
o riginator of approximately 1,000 calls and t herefore, as compensation to these
c ustomers, the Board will reduce the charge f or calls to the Irish Republic to 4.8
p ence a minute at all times for the month
o f April.
O n behalf of the Board, I apologise to all c ustomers affected.''
Beauport Bay, St. Brelade . Statement
The President of the Public Services Committee
Public Services have negotiated a scheme t o collect leachate from the potato dump at B eauport with Jayen (Jersey) Limited. The d esign and construction has been agreed
w ith the contractor and follows the
p roposals submitted by the Water Research C entre. Work will start after Easter and is
e stimated to be completed before the end of M ay. The total cost of the civil
e ngineering work is estimated at £100,300 - e xcluding contingencies.
T he existing footpath from the car park
w ill have to be re-routed when the work is c omplete. Funds for this and the
e ngineering work will be sought at the
A pril Supply Day but in the meantime, will b e met from the Committee's drainage
v ote.''
Highlands College, St. Saviour - teaching facilities: approval of drawings
THE STATES, adopting a proposition of the Education Committee -
( a) approved drawings Nos. 2756/2 and
2928/ 5 - 2928/12 showing the
cons truction of a new block at
H i ghl ands College, St. Saviour ,
pr ov iding additional teaching and
adm inistrative accommodation, library and s tores;
( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t he S tates.
Leslie Sinel Close, Rouge Bouillon, St. Helier : transfer of administration of land
THE STATES, adopting a proposition of the Housing Committee, approved the transfer to the Public Services Committee of the administration of 310 square feet of land at Leslie Sinel
Close, Rouge Bouillon, St. Helier , as shown on drawing No. 366/11.
Grouville Hospital site: community leisure centre. P.20/93
THE STATES rejected a proposition of the Connétable of Grouville -
( a) to agree that the Grouville Hospital
s it e s hould be used for the provision
of a community leisure centre to serve
t he eas tern parishes of the Island;
( b) to approve the transfer of the
adm inistration of the Grouville
H o s pital site from the Housing
C om mittee to the Sport, Leisure and R ecr eation Committee;
( c) to request the Finance and Economics C om mittee to provide the necessary
f und s for the refurbishment of the
G r ouvi lle Annexe building to the Sport, L ei sure and Recreation Committee.
Members voted as follows -
P our '' (18) Senators
S henton, Le Main, Carter, Stein. Connétable s
S t. Peter, Grouville , St. Helier . Deputies
S t. Peter, H. Baudains(C), Jordan(B),
B ailhache(H), Rabet(H), S. Baudains(H), G rouville, St. Martin , Le Geyt(S),
S yvret(H), Pullin(S).
C ont re'' (30) Senators
J eune, Binnington, Baal, Le Maistre, Q uérée, Chinn.
Connétable s
S t. John, St. Clement , St. Mary , St. Ouen , S t. Brelade, Trinity , St. Martin ,
S t. Saviour.
Deputies
L e Gallais(S), Rumboll(H), Wavell(S),
B lampied(H), Norman(C), Buesnel(H), Le S ueur(H), St. Ouen , Coutanche(L),
H uelin(B), St. Mary , Clarke-Halifax(S), Le F ondré(L), Walker (H), Crespel(H),
T rinity.
Fishing incidents. Statement
The Bailiff made a statement regarding recent fishing incidents in the following terms -
I have, with Senator Rothwell, just
s poken to Mr. David Curry, the United K ingdom Fisheries Minister. He has assured m e that Her Majesty's Government is making t he strongest representations to the French
G overnment over the recent fishing
i ncidents.
H e appreciated that our fishermen needed an a ssurance from the French Government that t hey would be able to land their catches
u nmolested at the usual French ports.
I t is difficult at this time during a
c hange of government in France for the
M inister to know with whom he can establish d irect contact, but he hopes to be able to
do so with his French opposite number as
s oon as he is appointed.
H er Majesty's Government has assured us
t hat there will be no compromise in
e xisting agreements between the United
K ingdom and France in respect of the extent
o f territorial waters and fishing rights in
t he Channel Islands.''
Waterfront Enterprise Board. P.16/93 Waterfront Enterprise Board (P.16/93): amendment. P.19/93
Waterfront Enterprise Board (P.16/93): second amendment. P.24/93
THE STATES commenced consideration of a proposition of the Island Development Committee regarding the establishment of a Waterfront Enterprise Board and rejected an amendment of Deputy Stuart Syvret of St. Helier that before paragraph (a) there should be inserted the following -
(a) to approve in principle the
hol di ng of a public inquiry into ev er y as pect of the St. Helier
W at e rf ront development; and
( i) to charge the Legislation
C om m ittee to prepare legislation to pr o vi de for the holding of
pub li c i nquiries;
( ii ) t o charge the Island Development
C om m ittee to produce a scale model of t he pr oposed St. Helier
W at e rf ront development; and
s ubject to endorsement by the public i nquiry;
re-letter subsequent paragraphs accordingly.''
Members voted as follows -
P our '' (3) Senator
Q uérée.
Deputies
G rouville, Syvret(H).
C ont re'' (39) Senators
S henton, Jeune , Binnington, Baal, Le M aistre, Carter, Stein, Chinn.
Connétable s
S t. John, St. Clement , St. Mary , St. Ouen , S t. Brelade, Trinity , St. Martin , St.
P eter, St. Helier , St. Saviour .
Deputies
L e Gallais(S), Rumboll(H), H. Baudains(C), B uesnel(H), Le Sueur (H), St. Ouen ,
C outanche(L), Huelin(B), Jordan(B), St.
M ary, Bailhache (H), Rabet(H), S.
B audains(H), Clarke-Halifax(S), Le
F ondré(L), St, Martin, Le Geyt(S),
W alker(H), Crespel(H), Pullin(S), Trinity .
THE STATES accepted an amendment of Senator Richard Joseph Shenton that at the end of paragraph (a) of the proposition, there should
be inserted the words subject to the Board comprising -
a n independent Chairman;
t hree elected Members of the States
t hree non-States' Members, one of whom
w ould be an Executive or Managing Director a ppointed under paragraph (c);''
THE STATES adopted the proposition as amended and -
( a) approved the establishment of a
Wat erfront Enterprise Board to be
r es pons ible for the implementation of t he S t. Helier Waterfront Plan as
out lined in the report of the Island
D e vel opment Committee dated 21st
J anu ary 1993 subject to the Board
com prising -
an i nde pendent Chairman; thr e e el ected Members of the S tat e s
thr e e non -States Members, one of w hom would be an Executive or
M anagi ng Director appointed under pa r agr aph (c);
( b) charged the Policy and Resources
C om mittee, in consultation with the
I sl and Development Committee to submit r ec om mendations to the States for the
non -executive appointments to the
Wat erfront Enterprise Board, such
appoi ntments to be on terms agreed by
t he P olicy and Resources Committee;
( c) authorised the Board to appoint a full- t im e Executive Director to the Board, s ubj ect to the necessary funds being
m ade a vailable;
( d) charged the Board within three months of i ts appointment to make
r ec om mendations to the States through t he P olicy and Resources Committee on t he m atters referred to in paragraph 13
of t he Island Development Committee's r ep ort.
Members voted as follows -
P our '' (34) Senators
S henton, Jeune , Binnington, Baal, Rothwell, L e Maistre, Stein, Chinn.
Connétable s
S t. John, St. Clement , St. Mary , St. Ouen , S t. Brelade, Trinity , St. Martin , St.
P eter, St. Helier , St. Saviour .
Deputies
L e Gallais(S), Rumboll(H), St. Peter , H.
B audains(C), Buesnel(H), St. Ouen ,
C outanche(L), Huelin(B), Jordan(B), St.
M ary, Le Fondré(L), St. Martin , Le Geyt(S), C respel(H), Pullin(S), Trinity .
C ont re'' (4) Senators
C arter, Quérée. Deputies
G rouville, Syvret(H). Adjournment
THE STATES then adjourned, having agreed that the outstanding items of Public Business should stand over until the next Meeting and that the proposition regarding voting and employment rights of non-British E.C. citizens (P.159/92
and P.25/93) should be taken as the first item
of Public Business.
THE STATES rose at 5.50 p.m.
G .H .C . C O P P O C K G r ef fi e r of the States.