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States Minutes 30th November 1993

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STATES MINUTES 3 0 th N o vember 1993

T HE STATES assembled on Tuesday,  30th November 1993 at 9.30 a.m. under t h e Presidency of the Bailiff ,

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

_ _ _ _ _ _ ______

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

w a s p r e sent.

_ _ _ _ _ _ ______

All Members were present with the exception of -

S enator Antony Beresford Chinn - out of the I sland.

 F rank Harris on Walker , Deputy of St.

H elier - ill.

_ _ _ _ _ _ ______

P r a y e rs

_ _ _ _ _ _ ______

Island of Madeira

The Bailiff communicated to the States Members and people of Jersey the message of thanks from the President of the Regional Government of Madeira, Alberto Joao Cardoso Goncalves Jardim, as contained in a letter dated 9th November

1993.

Deputy S. Syvret - complaint of allegations against Members

The States received a report of the Solicitor General of his investigation of the complaints made against Deputy Stuart Syvret with regard to comments about States Members that had been reported in the press and transmitted on radio and television.

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Social Security (Contributions)

( A m endment No. 4) (Jersey) Order 1993. R & O 8605.

 2 .  Social Security (Collection of

C o n tributions) (Amendment No. 2) ( J er sey) Order 1993. R & O 8606.

 3 .  Social Security (Earnings Limit) ( J er sey) Order 1993. R & O 8607.

 4 .  Road Traffic (Saint Helier)

( A m endment No. 22) (Jersey) Order 1993. R & O 8608.

 5 .  Health Insurance (Pharmaceutical B e n efit List) (Amendment No. 16) ( J er sey) Order 1993. R & O 8609.

 6 .  Amendment (No. 16) to the Tariff

o f H arbour and Light Dues.

R & O 8610.

 7 .  Post Office (General Provisions)

( A m endment No. 38) (Jersey) Order 1993. R & O 8611.

 8 .  Post Office (Foreign Post

P r o visions) (Amendment No. 21) (Jersey) O  rd er 1993. R & O 8612.

Statistical Digest

The Finance and Economics Committee, by Act dated 15th November 1993, presented to the States the Statistical Digest of the States of Jersey.

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

Legal Practice Committee: report. R.C.35

The Legislation Committee, by Act dated 8th November 1993, presented to the States a report of the Legal Practice Committee, under the Chairmanship of Sir Godfray Le Quesne, Q.C.

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

Caen Working Party: report. R.C.36

The Legislation Committee, by Act dated 22nd November 1993, presented to the States the report of the Caen Working Party, under the chairmanship of Deputy Robin Ernest Richard Rumboll of St. Helier .

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

Minimum wage and redundancy payments (P.35/93 and P.66/93): report. P.199/93

The Finance and Economics Committee, by Act dated 15th November 1993, presented to the States a report on the introduction of a minimum wage and the provision of redundancy payments.

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 15th November 1993, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

 ( a) as recommended by the Public

S e r vices Committee, the renewal of the

l e as e to Mr. Alan Arthur Le Herissier

o f t he Old Scrap Metal Yard, Bellozanne

V  al ley, St. Helier for a further period

o f t hree years with effect from 29th

S e p tember 1993, at an annual rental of

£1 0 ,500;

 ( b) as recommended by the Public

S e r vices Committee, the acquisition

f ro m The Jersey New Waterworks Company L i m ited of the footpath bordering the

n o r thern end of Queen's Valley

R e s ervoir, La Rue de la Hougue Bie, St.

S a v iour, free of charge, with the

C o m mittee to be responsible for the

m  ai ntenance of the land and for all r e as onable legal fees involved in the t ra n saction;

 ( c) as recommended by the Public

S e r vices Committee, the purchase from M  r s. Sylvia Una Corley, née Le Ruez, of 9 5 7 square feet of land in Field 458,

S t . Peter, for a consideration of £957

w  it h the Committee to be responsible

f o r any reasonable legal costs involved

i n t he transaction and the cost of any

n ecessary accommodation works;

 ( d) as recommended by the Public

S e r vices Committee, the purchase from [ 6 ~M rs. Donna Irene Le Bailly, née Le R u e z, of 690 square feet of land in

F i e ld 550, St. Peter, for a

c o n sideration of £690, with the

C o m mittee to be responsible for any

r e as onable costs involved in the

t ra n saction and the cost of any

n e c essary accommodation works;

 ( e) as recommended by the Public

S e r vices Committee, the lease of an

a r ea of land at Les Landes, St. Ouen to

t h e Jersey Race Club for a period of 21

y e a rs from 30th September 1993, for an

a n n ual rent of £1,000, to be reviewed

t ri e nnially, and subject to a

c o m mitment being received from the Race C l u b that it would be prepared to work

t o w ard improving the existing

f a ci lities at the track;

 ( f) as recommended by the Public

H  ea lth Committee, the granting to the

J e rs ey Electricity Company Limited of a w  ay leave through Westaway Court and M  a ison Le Pape, St. Helier, free of

c h a rge, with the Company to be

r e sp onsible for all legal costs

i n v olved in the transaction and

p r o viding the appropriate indemnities

f o r the benefit of the public.

Matters lodged

The following subjects were lodged au Greffe'' on 16th November 1993

 1 .  The Budget 1994.

P r e sented by the Finance and Economics C o m mittee.

 2 .  Financial support for unemployed

p e r sons: reimbursement from general r e v enues. P.183/93.

P r e sented by Deputy L. Norman of

S t . Clement.

 3 .  Highways (Amendment No. 3) ( J er sey) Law 199 . P.184/93.

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

The following subjects were lodged on 23rd November 1993 -

 1 .  Draft Family Allowances (Jersey) R e g ulations 199 . P.185/93.

P r e sented by the Social Security

C o m mittee.

 2 .  Draft Health Insurance (Medical

B e n efit) (Amendment No. 43) (Jersey) R e g ulations 199 . P.186/93.

P r e sented by the Social Security

C o m mittee.

 3 .  Draft Compulsory Purchase of

L a n d (Procedure) (Amendment No. 5) ( J er sey) Law 199 . P.187/93.

P r e sented by the Legislation

C o m mittee.

 4 .  States Auditor: appointment of P r ic e Waterhouse. P.188/93.

P r e sented by the Finance and

E c o nomics Committee.

 5 .  Springfield, St. Helier :

a c q uisition of land and interim a g r eement. P.189/93.

P r e sented by the Island

D  ev elopment Committee.

 6 .  Draft Road Traffic (No. 43)

( J er sey) Regulations 199 . P.190/93. P r e sented by the Defence

C o m mittee.

 7 .  Draft Public Markets

( A d ministration) (Supplementary P r o visions) (Jersey) Regulations 1 9 9 . P.191/93.

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

8 .  Draft Motor Traffic (Third-Party I n s urance) (Amendment No. 8) (Jersey) L a w 1993 (Appointed Day) Act 199 .

P . 1 92/93.

P r e sented by the Defence

C o m mittee.

 9 .  Draft Motor Vehicle Registration

( J er sey) Law 1993 (Appointed Day) Act 1 9 9 . P.193/93.

P r e sented by the Defence

C o m mittee.

 1 0. Draft Motor Vehicles

( In t ernational Circulation) (Amendment N o . 11) (Jersey) Regulations 199 .

P . 1 94/93.

P r e sented by the Defence

C o m mittee.

 1 1. Draft Hire Cars (No. 4) (Jersey) R e g ulations 199 . P.195/93.

P r e sented by the Defence

C o m mittee.

 1 2. Policy and Resources Committee:

c o n stitution. P.196/93.

P r e sented by the Policy and Resources C o m mittee.

 1 3. Draft Amendment (No. 14) of the S t a nding Orders of the States of

J e rs ey. P.197/93.

P resented by the House

C o m mittee.

 1 4. Social Security Committee: r e sp onsibility for equal

o p p ortunities. P.198/93.

P r e sented by Senator C.

S t e in.

THE STATES noted that, in pursuance of Standing Order 17(6), the following subjects, which were lodged au Greffe'' had been withdrawn -

P rotection of employment

o pportunities: review of Law. P.179/92. L odged: 17th November 1992.

D efence Committee.

D raft European Communities (European

E conomic Area) (Jersey) Regulations 1992. P .183/92.

L odged: 24th November 1992.

F inance and Economics

C ommittee.

Destructive Insects and Pests: compensation. P.172/93. Withdrawn

THE STATES noted that, in accordance with the request of the Agriculture and Fisheries Committee made by Act dated 11th November 1993, the President of the Agriculture and Fisheries Committee had withdrawn that Committee's report and proposition regarding Destructive Insects and Pests: compensation (P.172/93) which had been lodged au Greffe'' on 26th October 1993.

Arrangement of Public Business for the present Sitting

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

H ighways (Amendment No. 3) (Jersey) L aw 199 . P.184/93.

L odged: 16th November 1993.

P ublic Services Committee.

THE STATES agreed to a request from the Connétable of St. John that the following matter lodged au Greffe'' be deferred from the present Sitting -

P arish rates review. P.124/93. L odged: 24th August 1993. C onnétable of St. John.

Arrangement of Public Business for the next Sitting on 7th December 1993

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

next Sitting on 7th December 1993 -

S t. Martin's Village Plan. P.120/93. L odged: 10th August 1993.

I sland Development Committee.

F ield 846B and part Field 847, St. L awrence: rezoning. P.135/93.

L odged: 31st August 1993.

I sland Development Committee.

D raft Family Allowances (Jersey)

R egulations 199 . P.185/93. (Revised). L odged: 23rd November 1993. S ocial Security Committee.

D raft Health Insurance (Medical

B enefit) (Amendment No. 43)

( Jersey) Regulations 199 . P.186/93. L odged: 23rd November 1993.

S ocial Security Committee.

D raft Compulsory Purchase of

L and (Procedure) (Amendment No. 5) (Jersey) L aw 199 . P.187/93.

L odged: 23rd November 1993.

L egislation Committee.

S tates Auditor: appointment of Price W aterhouse. P.188/93.

L odged: 23rd November 1993.

F inance and Economics Committee.

S pringfield, St. Helier : acquisition

o f land and interim agreement. P.189/93. L odged: 23rd November 1993.

I sland Development Committee.

D raft Road Traffic (No. 43) (Jersey) R egulations 199 . P.190/93.

L odged: 23rd November 1993.

D efence Committee.

D raft Public Markets (Administration) ( Supplementary Provisions) (Jersey) R egulations 199 . P.191/93.

L odged: 23rd November 1993.

P ublic Services Committee.

D raft Motor Traffic (Third-

P arty Insurance) (Amendment No. 8) (Jersey) L aw 1993 (Appointed Day) Act 199 .

P .192/93.

L odged: 23rd November 1993.

D efence Committee.

D raft Motor Vehicle

R egistration (Jersey) Law 1993 (Appointed D ay) Act 199 . P.193/93.

L odged: 23rd November 1993.

D efence Committee.

D raft Motor Vehicles (International

C irculation) (Amendment No. 11) (Jersey) R egulations 199 . P.194/93.

L odged: 23rd November 1993.

D efence Committee.

D raft Hire Cars (No. 4)

( Jersey) Regulations 199 . P.195/93. L odged: 23rd November 1993.

D efence Committee.

P olicy and Resources Committee: c onstitution. P.196/93.

L odged: 23rd November 1993.

P olicy and Resources Committee.

D raft Amendment (No. 14) of the

S tanding Orders of the States of Jersey. P .197/93.

L odged: 23rd November 1993.

H ouse Committee.

Advocates examinations: Statement

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

  On 31st March 1992, the Legislation

 C ommittee lodged au Greffe' the draft

 A dvocates (Amendment No. 3) (Jersey) Law  1 99  (P.43/92). The draft Law proposes

 c ertain amendments to the Advocates

 ( Jersey) Law 1968, including a provision

 t hat, in future, a Jersey solicitor wishing

to practice as an advocate must obtain a

  Certificat d'études jurisdiques Françaises

 e t Normandes' or, an equivalent.

M embers will recall that in 1989 this House a pproved the Advocates (Amendment No. 2) ( Jersey) Law 1990, which introduced the

r equirement that aspiring advocates should, w ith effect from 1st January 1991, obtain

f rom the University of Caen a Certificate

o f Studies in Norman and French Law as part

o f their qualification for becoming an

a dvocate. There was a transitional period

o f two years, the effect of which was that

w hat has become known as the Caen

r equirement' became compulsory as from 1st J anuary 1993. Together with the Caen

r equirement a new and more restricted

s yllabus for the advocates' examination was p ublished. In June of this year four Jersey

s tudents attended Caen University and,

h aving completed the course obtained the

C ertificat.

I n April 1992, Senator R.J.

S henton presented and lodged au Greffe' t wo further projets. The first (P.52/92) in e ffect proposed that the Caen requirement b e abolished. The second (P.62/92)

r equested the Legislation Committee to

p resent an amendment to the Advocates

( Jersey) Law 1968 to remove the Caen

r equirement and, following a Statement by

t he then President of the Legislation

C ommittee, the late Deputy E.J. Becquet, it

w as agreed that discussions would be held

w ith the Law Society and the University of

C aen to review the Caen requirement. On

2 6th May 1992 Senator Shenton lodged a

f urther amendment which had been presented t o the States by the Legislation Committee

( P.77/92) the effect of which was to

r equest the Legislation Committee to

i nvestigate, in consultation with the Law

S ociety of Jersey, the desirability of

a mending the Advocates (Jersey) Law 1968 to r emove the Caen requirement. None of these p rojets have yet been debated by the House.

T he Legislation Committee

i mmediately established the required

W orking Party, initially under the

c hairmanship of the late Deputy Becquet and m ore recently under my chairmanship. The W orking Party included the Vice President

o f the Legislation Committee, Senator R.R. J eune, O.B.E., and three representatives

n ominated by the Law Society, Advocates

A .J. Olsen, G.R. Boxall and A.R.

B innington. It was advised by the Attorney G eneral.

A copy of the Working Party's report has

t oday been tabled (R.C.36/93). In summary,

t he Working Party recommends that a twin-

t rack' system of study and examination,

w hereby students may elect either to obtain

t he Certificat from Caen University, or

s tudy for an alternative certificate in

J ersey covering the Law of Contracts and

r elated Obligations and the principles and

s ources of Norman Customary Law. The report w as unanimously endorsed by all members of

t he Working Party, including the

r epresentatives of the Law Society. As a

m atter of courtesy a copy of the report was

s ent to the Law Society since which my

C ommittee has held a number of meetings

w ith representatives of the Society. In

a ddition, I was invited to attend an

E xtraordinary General Meeting of the Law

S ociety at which the Society resolved to

r equest the States to remove the Caen

r equirement.

M y Committee is mindful of the importance

o f maintaining the Island's close and

c ustomary links with France and, in

p articular those with Caen University in

N ormandy. My Committee also wishes to

r ecord its appreciation to Le Doyen de la

F aculté de droit et des sciences politiques

o f Caen University for his help and co-

o peration in providing a course of study

r elevant to the needs of Jersey. My

C ommittee, therefore, has no hesitation in

r ecommending that we should encourage the c ontinuation of the Certificat at Caen

U niversity. However, it recognises the

s trong feelings expressed by the Law

S ociety of Jersey and, having taken further a dvice, now recommends the removal of the m andatory requirement to obtain the

C ertificat.

M y Committee has, therefore, accepted the r ecommendations of the Working Party to

i ntroduce the twin-track' system, thereby

g iving students an alternative and,

e ffectively, abolishing the Caen

r equirement. It would, nevertheless, be

i rresponsible to merely remove one element

o f the examination process without

i ntroducing the Jersey study and

e xamination alternative.

M y Committee has, therefore, invited the

R oyal Court to pass an amendment to the A dvocates (Examinations) (Jersey) Rules

1 989 to establish the alternative Jersey

C ertificate. I am advised that the

a ppropriate amendments can be in place so t hat students wishing to be examined after 1 st January 1995, will be able to study for

t he alternative Jersey certificate. I

s hould perhaps add that in accordance with t he Advocates (Jersey) Law 1968, a period

o f 12 months must elapse before any new

r ules become effective and that it is for

t his reason that my Committee is anxious to e nsure that the changes are in place before t he end of this year.

I have asked the States to agree to debate

t he Advocates (Amendment No. 3) (Jersey)

L aw at its next Sitting on 7th December. As

r eferred to at the beginning of this

S tatement the main purpose of the Amendment i s to provide that a Jersey solicitor

w ishing to practice as an advocate must

o btain the Certificat from Caen University

o r the alternative certificate outlined

a bove. My Committee believes that it is

p roper that in future all persons wishing

t o qualify as advocates of the Royal Court

s hould obtain one or other of these

c ertificates and it is for this reason that

I will propose the amendment. Furthermore, m y Committee is very conscious of the

u ncertainty as to the future which has been f acing Law students since the Caen

r equirement was called into question and it i s time that this uncertainty was brought

t o an end.

F inally, I should add that my Committee has

f or some time been considering a more

u nified system of examinations for both

a dvocates and solicitors. I was pleased to

n ote the recommendation of Sir Godfrey Le

Q uesne's Legal Practice Committee, that

t here should be one examination for the two

b ranches of the profession. The Legislation

C ommittee will, therefore, ensure that the

r eview of the advocates examination

s yllabus referred to earlier in this

s tatement will encompass the recommendation t hat the examination and syllabus for both

a dvocates and solicitors is addressed. I am

p leased to be able to report that I have

r eceived the assurance from the Law Society

t hat they will appoint members to a further

W orking Party without delay to consider the

a ppropriate changes.''

Working Party on the cost of building materials: Statement

The President of the Finance and Economics Committee made a statement in the following terms -

  Following the tabling of the report of

 t he Working Party on the cost of building

m aterials the Finance and Economics

 C ommittee will be considering what action

 s hould be taken on the Working Party's

 p roposals. Prior to presenting its

 r ecommendations the Committee will want all  t hose affected by the proposals, either

 d irectly or indirectly, to be given an

o pportunity to make representations.

T he Finance and Economics

C ommittee therefore would invite Members of t he States, representatives of the

c onstruction industry, consumers of

b uilding materials and any other interested

p arties to make representations on the

W orking Party's proposals in writing by no

l ater than 31st January

1 994. Representations should be addressed

t o the Committee through the Office of the

C hief Adviser.''

Budget 1994

THE STATES commenced consideration of the Budget for the financial year commencing 1st January

1994, which in accordance with Article 16 of the Public Finances (Administration) (Jersey) Law

1967, as amended, had been presented to the

Assembly on 16th November 1993, by the Finance

and Economics Committee and comprised -

 ( i) the estimate of the revenue expenditure a n d of the income of the committees of t h e States;

 ( ii)  t he estimate of the transactions

o f th e trading funds;

 ( iii)  the estimate of the transactions

o f th e capital fund; and

 ( iv)  t he Report of the Finance and E c o n o mics Committee thereon.

THE STATES, having considered the estimates of the revenue expenditure and of the income of the various committees, decided to allow the said estimates as detailed in the undermentioned

pages of the Budget as follows -

P olicy and Resources Committee - Pages 2 a nd 3.

F inance and Economics Committee - Pages 2, 3 , 4, 5, 6, 7, 8, 9, 10 and 11.

D efence Committee - Pages 12, 13, 14 and 1 5.

P ublic Services Committee - Pages 16, 17, 1 8, 19, 20, 21, 22 and 23.

E ducation Committee - Pages 24, 25, 26, 27, 2 8, 29, 30 and 31.

P ublic Health Committee - Pages 32, 33, 34 a nd 35.

A griculture and Fisheries Committee - Pages 3 6 and 37.

T ourism Committee - Pages 38 and 39.

S ocial Security Committee - Pages 40 and 4 1.

I sland Development Committee - Pages 42 and 4 3.

H ousing Committee - Pages 44 and 45.

E stablishment Committee - Pages 46 and 47. P rison Board - Pages 48 and 49.

S port, Leisure and Recreation Committee - P ages 48 and 49.

E tat Civil Committee - Pages 50 and 51.

C ottage Homes Committee - Pages 50 and 51.

G ambling Control Committee - Pages 50 and 5 1.

L egislation Committee - Pages 52 and 53. O verseas Aid Committee - Pages 52 and 53. B roadcasting Committee - Pages 52 and 53.

I ndustrial Relations Committee - Pages 52 a nd 53.

O ccupation and Liberation Committee - Pages 5 4 and 55.

H ouse Committee - Pages 54 and 55.

H arbours and Airport Committee - La

C ollette Reclamation Scheme & Fish Quay - P ages 54 and 55.

T RADING COMMITTEES

H arbours and Airport Committee - Pages 56 a nd 57.

T elecommunications Board - Page 58. C ommittee for Postal Administration - Page 5 9.

THE STATES, having considered the estimated transactions of the Trading Funds, decided to allow the said estimates as detailed in the undermentioned pages of the Budget as follows -

T RADING FUNDS H arbours - Page 60 A irport - Page 60

T elecommunications Board - Page 61

C ommittee for Postal Administration - Page 6 1

THE STATES, referring to the summary of income and revenue expenditure appearing on page 69 agreed the total revenue expenditure in the sum

of £367,223,200; the total income from committees in the sum of £159,995,900 and having allowed for a deficit at 31st December 1993 of (£5,554,500) agreed the amount to be transferred to the General Reserve in the sum of

£10,000,000.

THE STATES noted that on the basis of levels of taxation proposed by the Finance and Economics Committee the surplus on the revenue account to be transferred to the capital fund amounted to £5,542,300.

Having allowed for a reduction in Harbours and Airport Committee Capital Debt of £242,000, a balance of £37,133,680 to be brought forward at 1st January 1994, the transfer from Strategic Reserve of £5,000,000, and taking into account the capital repayments and receipts of £19,470,900, the States noted that there would

be available in the capital fund the sum of £67,388,880. The States then proceeded to consider the estimates of capital expenditure recommended by the Finance and Economics Committee on pages 62 and 63 of the Budget and -

N ON-TRADING COMMITTEES

T he estimate of the capital expenditure of t he Finance and Economics Committee

a ppearing on page 62 of the Budget was a llowed.

T he estimate of the capital expenditure of

t he Defence Committee appearing on page 62

o f the Budget was allowed.

T he estimate of the capital expenditure of

t he Public Services Committee appearing on p age 62 of the Budget was allowed.

T he estimate of the capital expenditure of

t he Education Committee appearing on page 6 2 of the Budget was allowed.

T he estimate of the capital expenditure of t he Public Health Committee appearing on p age 62 of the Budget was allowed.

T he estimate of the capital expenditure of t he Establishment Committee appearing on p age 62 of the Budget was allowed.

T he estimate of the capital expenditure of

t he Island Development Committee appearing

o n page 62 of the Budget was allowed.

T he estimate of the capital expenditure of

t he Housing Committee appearing on page 63

o f the Budget was allowed.

T he estimate of the capital expenditure of

t he Sport, Leisure and Recreation Committee a ppearing on page 63 of the Budget was

a llowed.

T he estimate of the capital expenditure of t he Occupation and Liberation Committee a ppearing on page 63 of the Budget was

a llowed.

T RADING COMMITTEES

T he estimate of the capital expenditure of t he Harbours and Airport Committee

a ppearing on page 63 of the Budget was a llowed.

T he estimate of the capital expenditure of

t he Telecommunications Board appearing on p age 63 of the Budget was allowed.

T he estimate of the Committee for Postal A dministration appearing on page 63 of the B udget was allowed.

THE STATES having terminated the discussion on the capital estimates noted that the amount to

be voted from the Capital Fund was £76,468,000 (with a loan sanction of £22,818,000).

THE STATES considered the estimates of income to be produced from taxation appearing on page 67

of the Budget and agreed the estimate as

follows -

£ £

 I mpôts on spirits 4 ,091,000

 I mpôts on wines 2 ,9 81,000  I mpôts on beer 1 , 7 77,000

 I mpôts on tobacco 7 ,601,000  I mpôts on motor fuel 4,483,000

 G oods imported into

t h e Island   4 0 0 , 0 00  21,333,000

I ncome tax   2 0 9 , 3 0 0 ,0 0 0

THE STATES commenced consideration of a Bill to continue certain expiring fiscal Laws; to

prescribe the standard rate of income tax for

the year nineteen hundred and ninety-four; to amend the law relating to income tax with

respect to the reduction of tax on small

incomes, the exemption from tax of certain

training grants and the taxation of certain companies; and to amend the Laws relating to

wines and spirits duty, beer duty, tobacco duty

and oils and spirits duty.

THE STATES adopted the said Bill in second reading and lodged it au Greffe'', having rejected an amendment of Senator Nigel Lewis Quérée that in Article 3 for the words three tenths'' there should be substituted the words

twenty-eight and one-half per cent''.

Members present voted on the amendment as follows -

P o u r'' (22) Senators

S henton, Baal, Le Maistre, Carter, Stein, Q uérée.

Connétable s

 S t. Mary, St. Martin, St. Peter , Grouville ,

 S t. Helier, Trinity . Deputies

W avell(S), H.H. Baudains(C), Buesnel(H), C outanche(L), Rabet (H), S.M. Baudains(H), G rouville, Le Geyt(S), Syvret(H), Trinity .

C o n tre'' (27) Senators

J eune, Binnington, Horsfall, Rothwell, Le M ain.

Connétable s

S t. John, St. Lawrence, St. Ouen, St. B relade, St. Saviour.

Deputies

L e Gallais(S), Rumboll(H), Blampied(H), N orman(C), St. John, St. Peter, Le

S ueur(H), St. Ouen , Huelin(B), Jordan(B), S t. Mary, P.A. Bailhache (H), Clarke-

H alifax(S), Le Fondré(L), St. Martin ,

C respel(H), Pullin(S).

THE STATES, in pursuance of Article 25 of the Public Finances (Administration) (Jersey) Law 1967, as amended, declared that the Bill to continue expiring fiscal Laws; to prescribe the standard rate of income tax for the year

nineteen hundred and ninety-four; to amend the law relating to income tax with respect to the reduction of tax on small incomes, the exemption from tax of certain training grants and the taxation of certain companies; and to amend the laws relating to wines and spirits duty, beer

duty, tobacco duty and oils and spirits duty (which Bill had that day been lodged au Greffe''), should immediately have effect as if

it were a Law passed by the States and sanctioned by Her Majesty in Council.

THE STATES having terminated the discussion on the Budget agreed the summary of the estimated income and revenue expenditure for 1994 appearing on page 69 of the Budget as follows -

INCOME

£ £  £

T axation 2 3 0 , 6 3 3 ,0 0 0

 C ommittees 1 5 9 , 9 9 5 ,9

 0 0

  3 9 0 ,6 2 8 , 9    0 0

DEDUCT

 R evenue expenditure 3 6 7 ,2 2 3 ,2

 0 0

  2 3 ,4 0 5 , 7 0    0

ADD

 E stimated balance in hand at

1 s t January, 1994. ( 5 ,5 5 4 , 50

 0 )

  1 7 ,8 5 1 , 2 0    0

 L ESS: Estimated transfer to

T r ading Funds 2 , 3 0 8 ,9 0

 0

  1 5 ,5 4 2 , 3 0    0

APPROPRIATION TO RESERVES

 A ccumulated reserve

 G eneral reserve less 20,000,000

es timated balance

in hand at 31st

D ecember 1993 10,000,000 10,000,000 10,000,  0 00

 B alance to be transferred to capital fund

£ 5 , 5 4 2 ,3 00

THE STATES further agreed the estimated transactions of the capital fund for 1994 as follows -

£ £ £

 R eduction in Harbours and

A irport Committee

C apital Debt 2 4 2 ,0 0 0

B alance brought forward  37,133,680

T ransfer from Strategic Reserve 5 , 000, 0 00

C apital repayments and receipts 1 9,470, 9 00

 E stimated balance on revenue

ac count 5 , 5 4 2 ,3 0 0

 ( as above)   6 7 , 3 8 8 ,  8 80

C apital expenditure 76,468,000

L ess: Loan Sanction 22,818,000 5 3 ,650, 0 00

 E stimated balance in hand

a t 31st December 1994 £ 1 3 ,7 3  8 ,880

Balloon Store, South Pier, St. Helier: reimbursement of capital and leases. P.176/93

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

 ( a) approved the reimbursement by Jersey

Y  ac ht and Boatyard Company Limited and D  .K . Collins Marine Engineers Limited

o f t he capital cost of £214,793, plus

i n te rest, for the reconstruction as a

b o a thouse and marine engineering

e s ta blishment of the Balloon Store on

t h e South Pier, St. Helier Harbour;

a n d

 ( b) approved the 42-year leases, to D.K. C o l lins Marine Engineers Limited and J e rs ey Yacht and Boatyard Company L i m ited, of the reconstructed Balloon S t o re at a ground rent commencing at 8 0 p a square foot subject to triennial

r e v iews and based on ground areas of 1 , 4 50 square feet and 3,541.50 square f e et , respectively;

 ( c) authorised the Attorney General and the G  re ffier of the States to pass the

n e c essary contracts on behalf of the

p u b lic;

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

Gas Works Site E and Westley Lodge, St. Helier: redevelopment. P.177/93

THE STATES, adopting a proposition of the Housing Committee -

 ( a) approved drawings Nos. 101/1, 212/10, 1 1 A , 12, 13, 510/38, 39A, 40A, 43A,

4 4 A , 47A, 48B, 49-62, 65A, 66-69, 71A, 7 2 and 82, showing the proposed

r e d evelopment of Gas Works Site E' and r e fu rbishment of Westley Lodge, St.

H  el ier;

 ( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t h e States;

( c) authorised the Finance and Economics C o m mittee to make available bridging f in a nce under Article 7(1)(e) of the

P u blic Finances (Administration)

( J er sey) Law 1967, as amended.

Midland Bank Trust Corporation (Jersey) Limited (Jersey) Law 1993 (Appointed Day) Act 1993. P.178/93

THE STATES, in pursuance of the Midland Bank Trust Corporation (Jersey) Limited (Jersey) Law 1993, made an Act entitled the Midland Bank Trust Corporation (Jersey) Limited (Jersey) Law 1993 (Appointed Day) Act 1993.

Drug Trafficking Offences (Designated Countries and Territories) (Amendment No. 3) (Jersey) Regulations 1993. P.179/93

THE STATES, in pursuance of Article 18 of the Drug Trafficking Offences (Jersey) Law 1988, as amended, made Regulations entitled the Drug Trafficking Offences (Designated Countries and Territories) (Amendment No. 3) (Jersey) Regulations 1993.

Election of Committee Presidents: nomination procedure. P.181/93

THE STATES, having referred to their Act dated 11th December 1990 regarding the election procedure for Committee Presidents under Standing Order No. 41, adopted a proposition of Senator Pierre François Horsfall and agreed that the procedure for nominating candidates for appointment as Committee Presidents under that Standing Order should be as follows -

 ( a) all candidates should be nominated and s e c onded without speeches;

 ( b) candidates so nominated should be i n v ited to speak for a period not

e x c eeding five minutes in support of t h ei r candidature.

Family Nursing Services and Home Helps (Amalgamation) (Jersey) Law 1993 (Appointed Day) Act 1993. P.182/93

THE STATES, in pursuance of Article 1 of the Family Nursing Services and Jersey Home Helps (Amalgamation) (Jersey) Law 1993, made an Act entitled the Family Nursing Services and Jersey Home Helps (Amalgamation) (Jersey) Law 1993 (Appointed Day) Act 1993.

Highways (Amendment No. 3) (Jersey) Law 1993. P.184/93

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Highways (Amendment No. 3) (Jersey) Law 1993.

THE STATES rose at 5.05 p.m.

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