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STATES MINUTES 9 t h N o v ember 1993
T HE STATES assembled on Tuesday, 9th 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 -
J ohn Nicolle Le Fondré, Deputy of St.
L awrence - out of the Island.
T erence Ahier Jehan , Deputy of St. Martin -
o ut of the Island.
_ _ _ _ _ _ ______
P ra yers read by the President _ _ _ _ _ _ ______
Public Service Committee - Resignation of Member
THE STATES noted the resignation of Deputy Stuart Syvret of St. Helier from the Public Services Committee.
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Prison (Amendment No. 13)
( J er sey) Rules 1993. R & O 8600.
2 . Banking Business (List of
R e g istered Persons) (Amendment) ( J er sey) Order 1993. R & O 8601. Redundancy through insolvency: discussion paper. R.C.33/93
The Industrial Relations Committee, by Act dated 8th November 1993, presented to the States a discussion paper on redundancy through insolvency.
THE STATES ordered that the said report be printed and distributed.
Building Materials Price s Working Party: report. R.C.34/93
The Finance and Economics Committee, by Act dated 1st November 1993, presented to the States the Building Materials Price s Working Party report.
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 1st November 1993, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Defence
C o m mittee, the extension of the lease
f ro m Mr. Ronald Garnier and Mrs. Anne G ar nier, née Curtain, of the four-
b e d roomed property Bel Air, No. 13 Les A m etots, Bagatelle Lane, St. Saviour,
f o r a period of six months from 1st
O ct ober 1993 to 31st March 1994, under t h e existing terms, at an annual rent
o f £ 12,420;
( b) as recommended by the Public Health C o m mittee, the lease from Mrs. Clara A ls tadt, née Mayer, of the one-
b e d roomed flat, Flat 6, Theresa Court, N ew St. John's Road, St. Helier, for a p e r iod of one year from 23rd October 1 9 9 3, with an option to renew for a
f u rt her year, at an annual rent of
£6 , 500, payable quarterly in advance;
( c) as recommended by the Housing
C o m mittee, the sale of a strip of land,
m ea suring 108 metres in length and 1.2
m et res in width, to the south of
B a l leine Close, La Rue de la Croix, St. C l e ment, to the following -
( i) Mr. Jonathan Peter Clive Jones and M r s . C écile Yvonne Therese Jones, n ée L e Feuvre, proposed purchasers
o f T h e Villa', La Rue de la
C r o ix , St. Clement (currently
o w n ed by Mr. Christopher George
B r ie n and Mrs. Linda Elizabeth
B r ie n , née Le Bail);
( ii ) Mr. Dennis John de Gruchy and Mrs. M a r g a ret Christine de Gruchy, née
D a lt o n , of Capello', La Rue de la
C r o ix , St. Clement;
( ii i) Mr. Peter Dean and Mrs.
E li z a b e th Dean, née Michel, of L a B e r g e', La Rue de la
C r o ix , S t . Clement; and
( iv ) Mrs. Angele Marie Louise Yvonne G o u edard, née Hellio (care of Mr.
E ri c T ricot, 39 Hill Street, St.
H e li e r ) owner of the commercial
st o r e a t La Rue de la Croix, St.
C le m e nt,
f o r a nominal sum of £25 each, plus all r e as onable legal fees incurred by the
p u b lic in the transaction and their
r e sp ective legal fees.
( d) as recommended by the Public Services C o m mittee, the renewal of the lease to
M r . Christopher Hugh Taylor of 25
v e r gées of land at Mont Mado, St. John, f o r a period of nine years with effect
f ro m 24th June 1993, at an annual rent
o f £ 625, subject to triennial reviews;
( e) as recommended by the Island
D ev elopment Committee, the lease from W in g Commander Richard Henry Brayn L e Brocq, of The Flat, Highfield, St.
S a v iour, for a further period of six
m o nths with effect from 1st September
1 9 9 3, at an annual rent of £7,260, to
b e p aid quarterly in advance;
( f) as recommended by the Education
C o m mittee, to enter into a lease with
t h e Trustees of the Congregation of St. G eo rge's Church for 0.34.18 vergées of
l a nd in Field 789, St. Ouen, for a
p e r iod of nine years commencing 22nd O ct ober 1993, at an annual rent of
£1 3 5, payable yearly in advance, also
t o p ay to the Church a sum of £500 for t h e benefit of the temporary use as a
b uilders' yard during the construction
o f t he extension to Les Landes School, p l u s the payment of all reasonable
l e ga l fees and the cost of all
a c c ommodation works including
r e in statement of the field and boundary a t t he end of the lease;
( g) as recommended by the Island
D ev elopment Committee, the extension f ro m 21 to 99 years of the lease to
J e rs ey Electricity Company Limited for a s i te measuring approximately 750
s q u are feet at La Collette, St. Helier ,
u s e d for the electricity sub-station,
t o g ether with a section pillar at the
o p p osite end of the new factory units,
a t a n annual rent of £1.00, to take
e f fe ct from the date of passing
c o n tract in the Royal Court, the total
c o n sideration of £99 to be paid ten
d a y s thereafter;
( h) as recommended by the Defence
C o m mittee, the lease to Mr. Maurice
F r a ncis Gotel of an area of land
s it u ated at Fields Nos. 116 and 117,
C r a bbé, St. Mary (measuring
a p p roximately 14 vergées) for the
p u r pose of operating the Jersey Clay
P i g eon Club, for a period of six years
c o m mencing 25th December 1993, at an a n n ual rent of £586, with a rent review
a f te r three years.
Matter noted - financial transaction
THE STATES noted an Act of the Finance and Economics Committee dated 1st November 1993, showing that in pursuance of Rule 5 of the
Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that the Public Health Committee had accepted the lowest of four tenders, namely that submitted by K.R. Le Marquand and Son Limited, in the sum of £228,962 for the essential roof repairs at
Queen's House, St. Saviour's Hospital, St. Saviour in a period of 30 weeks.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Balloon Store, South Pier, St.
H el ier: reimbursement of capital and
l e as es. P.176/93.
P r e sented by the Harbours and Airport C o m mittee.
2 . Gas Works site E and Westley
L o d ge, St. Helier : redevelopment. P . 1 77/93.
P r e sented by the Housing
C o m mittee.
3 . Draft Midland Bank Trust
C o r poration (Jersey) Law 1993
( A p pointed Day) Act 1993. P.178/93. P r e sented by the Finance and
E c o nomics Committee.
4 . Draft Drug Trafficking Offences
( D e signated Countries and Territories)
( A m endment No. 3) (Jersey) Regulations 1 9 9 . P.179/93.
P r e sented by the Finance and
E c o nomics Committee.
5 . Election of Committee
P r e sidents: nomination procedure. P . 1 81/93.
P r e sented by Senator P.F. Horsfall.
6 . Draft Family Nursing Services
a n d Home Helps (Amalgamation) (Jersey) L a w 1993 (Appointed Day) Act 199 .
P . 1 82/93.
P r e sented by the Public Health
C o m mittee.
THE STATES noted that the following subject, which was lodged au Greffe'', had been withdrawn by the President of the Island Development Committee.
L a Hougue Bie restoration: additional vote
o f credit.
P .174/93.
L odged: 26th October 1993
S enator P.F. Horsfall.
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 -
P ower station - automation: additional vote
o f credit. P.175/93.
L odged: 26th October 1993.
S enator N.L. Quérée.
THE STATES confirmed that the following items lodged au Greffe'' be considered on 30th November and 1st December 1993, after consideration of the Budget.
B alloon Store, South Pier, St. Helier: r eimbursement of capital and leases. P .176/93.
H arbours and Airport Committee.
G as Works site E and Westley Lodge, S t. Helier: redevelopment. P.177/93. H ousing Committee.
Draft Midland Bank Trust Corporation
( Jersey) Law 1993 (Appointed Day) Act 1993. P .178/93.
F inance and Economics Committee.
D raft Drug Trafficking Offences
( Designated Countries and Territories)
( Amendment No. 3) (Jersey) Regulations 1 99 . P.179/93.
F inance and Economics Committee.
E lection of Committee Preside n omination procedure. P.181/93. S enator P.F. Horsfall.
D raft Family Nursing Services and
H ome Helps (Amalgamation) (Jersey) Law 1993 ( Appointed Day) Act 199 . P.182/93.
P ublic Health Committee.
P arish Rates Review. P.124/93. L odged: 24th August 1993.
C onnétable of St. John.
BBC Radio Jersey. Questions and answers (Tape No. 210)
Deputy Michael Adam Wavell asked Connétable Enid Clare Quénault, President of the Broadcasting Committee the following questions -
1. W ill the President inform the
S ta t e s of the policy of the BBC
re g a r d ing the recruitment of staff t o Radio Jersey?
2 . Will the President inform the States if
t h e Agreement between the BBC and the
S t a tes of Jersey specifies that the
C h a irman of the Community Radio Council s h o uld be on the Appointments Board for
t h e Manager of Radio Jersey and, if so,
d i d he do so on this occasion?
3 . When will the Agreement between the S t a tes of Jersey and the BBC expire and w il l it be open to renegotiation?
4 . Will the President say whether other
l o ca l broadcasting companies receive
t h e same support from the Broadcasting C o m mittee as BBC Radio Jersey?''
The President of the Broadcasting Committee replied as follows -
1. T he policy of the BBC is to
re c r u it local staff. With the
ex c e p t ion of the first year of
o p er a t ion of Radio Jersey in 1982,
w h e n a producer was seconded for a p er i o d of twelve months, and again in 1990/91 when a producer was
se c o n d ed for a six month period,
th i s p o licy has been applied apart
fr o m t he Manager. In this
co n n e x ion I can do no better than
to re p e at what the Committee
st a te d in its report to the States
fo r 1 9 8 2 -
T h e r e is a well-defined pattern
o f c a re er structure before a
p er s o n becomes a Manager of a BBC R a d io Station. The structure forms
a n a tu r al way of developing staff
in a ll a spects of local radio and
g en e r a l BBC management as well as ed i t o ri al judgment. A local radio
st a ti o n manager has very wide
p o w e r s of discretion and almost
co m p l ete freedom over editorial
m a t te r s within BBC guidelines.
C o n s e quently, to place such
re s p o n sibility in the hands of a
M a n a g er necessitates that he or sh e is thoroughly trained and can d ra w u pon a wide source of
ex p e r i ence of the BBC.
A s f a r as it is known, there is no
Je r s e y man available to the BBC
ei t h er on the Island or working
fo r t h e BBC elsewhere in the
C o r p o ration who could in the next se v e n to 10 years gain sufficient
ex p e r i ence to succeed the present in c u m bent. Even if there were it
w o u ld become necessary for the
C o r p o ration, both in the interests
o f th e individual and the Station,
to m a k e a change after three to
fi v e y e ars. It is also true that a
M a n a g er should be moved to enable h im t o broaden his experience
re a d y to compete for a more
im p o rt ant post.
T h e C ommittee is completely
sa t is f ie d now that it is in the
in t e re s ts, not just of the
C o r p o ration and the person
in v o l v ed, but of the Island that
th e M a nager of BBC Radio Jersey sh o u l d change at least every five y ea r s .'
I s h ould point out, however, that the
p o s t of Manager BBC Radio Jersey ceased t o e xist three years ago, when the
C o r poration decided to appoint a
M a nager for the Channel Islands, to be
i n c harge of both Radio Jersey and
R a d io Guernsey. This new post involved b o t h radio and television. During the
l a st three years a local training
s c h eme has been introduced by the
M a nager and the Corporation has been
a b le to extend its services to the
C h a nnel Islands, as a result of which
i t is hoped that further locally
q u a lified personnel will be recruited
i n t he near future.
T h e recent appointment was for a
m an aging editor for the Channel
I slands, again covering Radio Jersey
a n d Radio Guernsey and local television a n d the post was advertised both in the C h a nnel Islands and the United
K in gdom.
2 . There is such a clause in the
A g reement. The chairman of the Radio
J e rs ey Advisory Council did not sit on
t h e Board when interviews were held
r e ce ntly. The post, as I have said, is
n o w that of managing editor for the
C h a nnel Islands and covers Radio Jersey a n d Radio Guernsey. It was intended
t h at the Chairman should sit on the
B o a rd, but I was informed by the
C o r poration that the chairman of the
G u ernsey Advisory Council had been
a s k ed by his Council not to sit on the
B o a rd because there was a candidate
f ro m Guernsey. This was put to the
J e rs ey Chairman and, because there were a l so candidates from Jersey, he agreed
t h at it would be inappropriate to sit
o n the Board without Guernsey doing
l ik e wise.
3 . The present agreement expires on 22nd N o vember 1998, and is subject to review a n d negotiation two years prior to its
e x p iry.
4 . Yes. I would like to remind Members t h at my Committee is responsible for a l l aspects of broadcasting, visual as
w el l as sound, and in particular for
t a ki ng such action as might from time t o t ime be appropriate to ensure the
b e s t possible sound radio and
t e le vision coverage in the Island.''
Social Security cards. Questions and answers (Tape No. 210)
Deputy Graeme Ernest Rabet asked Terence Augustine Le Sueur, President of the Social Security Committee the following questions -
1. W ill the President inform the H o u s e of the number of Social
S e cu r i ty cards issued in the
m o n t h s of July, August and
S e p te m ber this year, and how this co m p a res with the same period last y ea r ?
2 . Will the President inform the House
w h ether or not employees of United
K in gdom firms undertaking supply and f ix ' and other building contracts, also
o t h er employment in the Island are r e q uired to be in possession of Jersey S o c ial Security cards?''
The President of the Social Security Committee replied as follows -
1. T he number of cards issued for
ea c h o f the months in question
w e r e a s follows -
1 9 9 3 1 9 9 2
Ju l y 7 2 4 9 7 0
A u g u s t 3 8 3 3 7 7 S e p te m ber 3 2 6 3 3 2
1 ,4 3 3 1 ,6 7 9
O f the cards issued in 1993, 513
r e p resented persons returning to or re- r e g istering in the Island. For 1992 the c o m parable figure was 859.
T h e se figures may not of themselves be s ig nificant, but do suggest that the
S o c ial Security Committee policy of
a d v ertising in United Kingdom Job
C e n tres discouraging non-resident
w o uld-be employees from coming to the I s la nd is having at least some effect.
H o wever it is dangerous to read into
t h es e statistics any great inference
( s u ch as length of stay) other than the
f a ct that the number of cards issued
h a s actually fallen in this period
c o m pared with 1992.
2 . Not all employees of United Kingdom
f ir m s undertaking work in Jersey are
r e q uired to be in possession of Jersey
S o c ial Security Registration Cards.
T h i s position is due to provisions
c o n tained in reciprocal agreements
w h ich exist with various countries,
i n cl uding the United Kingdom, whereby
a n e mployer based in the United Kingdom u n d ertaking a local contract continuing
t o r etain those members of his
w o rkforce on his United Kingdom
p a y roll, can maintain their United
K in gdom National Insurance contribution r e co rd.
S o long as contributors continue to be p a id in the United Kingdom there is no r e q uirement for Jersey contributions
a n d hence no need to be in possession
o f a Jersey Social Security Card, since t h e employees are deemed to be in
c o n tinuation of their United Kingdom e m p loyment', where they are ordinarily r e si dent and indeed taxable. However it i s m y understanding that those United K in gdom companies would need prior p e r mission under the Regulation of
U n dertakings Law to actually trade in
t h e Island.
T h i s situation also works in reverse,
w h ereby Jersey residents sent abroad by t h ei r Jersey employers for a temporary s e c ondment continue to pay Jersey
S o c ial Security contributions (and are
li a ble to Jersey taxation) because they
a r e still ordinarily resident in
J e rs ey.
T h e se arrangements cannot remain in
f o rc e indefinitely and in the case of
t h e agreement with the United Kingdom c a n last for a period of up to 12
m o nths, although this can, with the
a g r eement of both authorities, be
e x te nded for a further period of not
m o re than 12 months.''
The Future of Post-16 Education in Jersey. Questions and answers (Tape No. 210)
Senator Joseph Richard Shenton asked Connétable Iris Medora Le Feuvre, President of the
Education Committee the following questions -
In connexion with the report on The
F uture of Post-16 Education in Jersey, will t he President inform the House -
( a) of the reason, or reasons, why the
P o s t-16 Education report was
c o m missioned from experts in England?
( b) why the particular academics were
i n v ited to the Island and whether the
C o m mittee discussed the appointment of a n y others?
( c) the cost of preparation of the report i n t erms of fees, travelling and
p r in ting?
( d) whether there remains any area of E n g land which still has the 14+
t ra n sfer scheme?
( e) if so, whether any investigations have b e e n carried out there as to the on-
g o i ng development of 14+ and 16+
e d u cation?
( f) the reason for the timetable set out in t h e report for the implementation of
a n y changes?''
The President of Education Committee replied as follows -
(a) In responding to this question, I
b el i ev e that it would be helpful
to p ro v ide some background to the co m m issioning of Dr. Young's
re p o r t.
I n t he United Kingdom post-16
p r o vision, as is the case with all
o t h er phases of education, has been
s u b ject to far-reaching and dramatic
c h a nge. The headteachers and senior
s ta f f of those Island schools which
h a v e sixth forms were concerned that
t h er e should be a proper awareness of t h e issues and requested an opportunity f o r the seven heads of sixth form to
v i si t the United Kingdom in order to
s tu d y and report on post-16
d e v elopments and organisation.
T h e ir visit, arranged through the
U n iversity of Exeter School of
E d u cation was completed in March 1992
a n d they subsequently reported to the
C u r riculum Council, Education Committee a n d secondary headteachers.
T o raise the issues with a wider
a u d ience, the Education Committee
a r ra nged a conference to which Members
o f t he States, representatives of the
b u s iness community, senior civil
s e rv ants, headteachers, teachers,
l e ct urers and sixth form students were
i n v ited. The conference which was
a d d ressed by Professor Richard Pring of O x ford University, Dr. Michael Young, M r . Brian Grady and Mr. Colin Powell w as judged to be a considerable success a n d led to much interesting debate.
F o l lowing the conference, further
d i sc ussion in the Curriculum Council
l e d to a recommendation being put to
t h e Education Committee that an
i n d ependent review be undertaken by an a u th oritative review body to advise on
c u r rent provision, future requirements
a n d implications for the organisation
o f p rovision.
I b e lieve that it is vital that the
w o rk of education be set in a broad
c o n text and the Education Committee has w el l established links with Her
M a jesty's Inspectorate, Universities
a n d Local Education Authority Advisory S e r vices. The need for such links was
e n d orsed by the Establishment Committee i n J uly 1992 following their approval
o f a joint report prepared by the Chief
P e r sonnel Manager and Director of
E d u cation. The commissioning of the
r e p ort on post-16 provision is a
f u rt her example of the way in which my C o m mittee endeavours to ensure that the s e rv ice is properly informed and
a d v ised.
( b) Professor Richard Pring and Dr. Michael Y o ung were invited to the Island to
s p e ak to the Post-16 conference
f o ll owing recommendations by the
s e v en heads of sixth form and enquiries
b y officers of the Department. Dr.
Y o ung has an international reputation
a s a n authority on post-16 provision
a n d was specialist adviser on 16-19
e d u cation to the House of Commons
S e l ect Committee on Education. He is
d i re ctor of the Paul Hamlyn Foundation
1 6 + Unified Curriculum Project and co-
d i re ctor with Professor John Woodhouse,
o f t he Royal Society of Arts post 16
p r o ject Learning for the Future'. With
P r o fessor Michael Barnett he is
d e s igning a new post-16 qualification,
t h e Technological Baccalaureat for the
C i t y and Guilds of London Institute.
O n the basis of the earlier
r e co mmendations his contribution to the l o ca l conference and recognition of the q u a lity of the work undertaken by the
U n iversity of London Post-16 Centre, D r. Young was invited to advise on the
o p t ions for developing post-16
e d u cation in the Island. In view of
t h is , the Committee did not consider t h e appointment of others.
D r. Young requested the assistance of M r . Ken Spours who has worked
e x te nsively with the Post-16 Centre and i s to join the Centre as a permanent
m em ber of staff early in 1994.
( c) £6,925.81p.
( d) There is only one area, indeed one
s c h ool in the United Kingdom which
s till has a 14+ selected transfer
s c h eme, namely King Edward's VI School, L o u th in Lincolnshire.
( e) The Louth Plan, as it is called, is
c u r rently under enormous pressure.
T h e re are four schools involved, three 1 1 - 16 schools and the 14-18 school. Of t h e 11-16 schools, one is facing
p o s sible closure because of its falling
r o ll s; one is attempting to develop
i n to an 11-18 school. King Edward's,
t h e 14-18 school, has opted out of
l o ca l authority control and now
r e cr uits pupils at 14+ and 16+ from a
w id e geographic area. Active
c o n sideration has been given to King
E d w ard's becoming an 11-18 school.
( f) The only reference to a timetable in t h e report relates to the possible
m er ging of Hautlieu and Highlands
w it hin two-three years. This involves
o n l y one of the options for
c o n sideration and, in the view of my
o f fi cers, would be most difficult to
a c h ieve.
F i n ally, I would stress that my
c o m mittee has issued the report for
c o n sultation and will take no decision p r io r to considering the responses and t a ki ng further advice from Curriculum C o u ncil which has set up a specialist g r o up to examine further the
i m p lications of the various options.
A rr angements will be made for a full p r e sentation of the report to members f o llowing the elections. Furthermore, s h o uld the decisions of the Committee
r e q uire any reorganisation of secondary p r o vision a report and proposition will b e b rought to the States.''
Proposed changes at Postal. Questions and answers (Tape No. 210)
Senator Corrie Stein asked Deputy Frank Harris on Walker , President of the Committee for Postal Administration the following questions -
1. W ill the President inform the
H o u s e what changes have been
ag r e e d with the U.C.W. with regard to w o r king practices?
2 . Will the President inform the House
w h at changes are proposed to improve t h e management structure at the Postal D ep artment?''
The President of the Committee for Postal Administration replied as follows -
1. S ince my Committee came into
o ff ic e nearly 12 months ago a
n u m b e r of important agreements h av e b een reached with the Union
o f C o mmunication Workers. In
ad d i t io n a number of joint
in i ti a ti ves have been undertaken
al l a i m ed at improving efficiency an d t h e service offered to our
cu s t o m ers. Some of these
in i ti a ti ves are long-term and
o th e r s have already resulted in
si g n if i cant improvement and
ch a n g e .
A m ongst the more important agreements a n d initiatives are -
F u ll a g reement on the need to im p ro v e efficiency. Joint
in i ti a ti ves have been agreed to in t ro d u ce full monitoring and
m e a s u rement of productivity and ef f ic i e ncy in the sorting office.
T h e s e tting up of an accurate
m e t h o d of measuring throughput of le t te r s and packets through the
so r t in g office on a daily basis.
T h e s e tting up of dedicated so r t in g teams for box letters and fo r p a r cels.
Jo i n t t raining initiatives to im p ro v e understanding and ef f ic i e ncy.
T h e s e tting up of a new industrial re l a ti o ns framework.
Jo i n t c ommitment to new much im p ro v ed service targets.
T h e i n volvement of the UCW in st r at e g ic planning issues.
A jo i n t general revision of all
d el i v er y rounds aimed at providing a m ore efficient service in 1994.
S o rt in g on to clear first class an d l o cal mail each morning.
A jo i n t project to reduce the
u n ac c e ptable level of missorts.
A jo i n t project to increase the ef f ic i e ncy and use of
m e c h a nisation.
A n ag r eement that management may d ir e c t staff to perform any work
th a t i s proper to their grade.
T h is w as previously a source of
co n t i n uing disagreement.
A ll the above have been achieved w it hout any additional payments w h atsoever.
O f far more importance than the
a g r eements themselves however is the e f fe ct they have had and will continue t o h ave on the efficiency and
p r o fitability of the postal operation.
A m ongst the improvements already a c h ieved are -
L a te r p osting times for outward m a i l a t Mont Millais and Broad S tr e e t.
T h e n e xt day delivery of 90/95 per ce n t o f letters to the United
K i n g d om - an improvement of over
te n p er cent on 1992.
A m a j or improvement in the box le t te r o peration at Broad Street so c ru c ial to many local business h o u se s .
T h e r e -introduction of limited S u n d a y collections on a trial b as i s .
A co m plete reversal of the pattern es t a b li shed in 1991 and 1992 of lo s t p a rcel business with three
m a j o r contracts signed in the last 1 2 m o nths.
T h e d e livery of all first class an d l o cal mail each day.
A n in c rease in business letter v o lu m es completely reversing p re v i o us trends.
D e s p it e much higher wage awards an d i n flation an increase in
ex p e n d iture for the year to date
o f o n ly 1.8 per cent over 1992.
A d ec r ease in overtime hours of 27 p er c en t on both 1991 and 1992
le v e ls .
L a st b ut by no means least an in c r e as e in profit as at 30th
S e p te m ber of 61 per cent.
T h e se improvements could not have been a c h ieved without a major improvement in i n d ustrial relations and a new spirit
o f c ooperation between management and w o rk force.
A lt hough encouraged by all these
d e v elopments, my Committee is fully a w a re that much still needs to be done t o f urther improve morale, industrial r e la tions, efficiency and levels of
s e rv ice but we are confident that the
f ra m ework now exists upon which an e f fi cient and profitable service
o p e rated by a dedicated and highly
m o tivated work force can be built.
2 . My Committee inherited a management s tr u cture which had for many years
r e m ained unchanged and which was not g e a red to the current needs of the
b u s iness.
W e quickly established that major
c h a nges were necessary if the operation w as to be run on efficient business
l in e s and if the service was to develop
i n a ccordance with our customers'
n e e ds. Particular emphasis will be
p l ac ed on marketing, personnel and
i n fo rmation technology.
W e also clearly understood however that i t w ould be rash and not good practice
t o m ake major changes to a structure
w h ich had existed for so long without
c a re ful planning and consultation.
A t the Committee's request a
c o m prehensive study of the management s tr u cture was therefore undertaken by
t h e States' Personnel Department. This
s tu d y clearly identified the changes
n e e ded if Committee objectives were to b e met.
T h e se changes are far reaching and with m aj or implications for the future and
m y Committee is acutely conscious of
t h e care and expertise needed if they
a r e to be implemented successfully.
W it h this in mind, proposals are
c u r rently awaited from consultants who s p e cialise in the management of change w h ose brief will be to lead the
i m p lementation process. The selection a n d briefing of the consultants is
b e in g undertaken in close co-operation w it h the Chief Executive Officer of the S t a tes' Personnel Department.
M y Committee is confident that a new m an agement structure fully linked to t h e needs of the business now and in
t h e future can be introduced in 1994.''
Committee of Inquiry into circumstances leading to the release from contract of the former Chief Executive Officer of the Sport, Leisure and Recreation Department: statement
The President of the aforementioned Committee of Inquiry made a statement in the following
terms -
I do not need to remind the States of
t heir decision, on 10th August 1993, when
t hey agreed to appoint a Committee of
I nquiry under Article 30 of the States of
J ersey Law 1966 to inquire into the
c ircumstances which led to Miss Mary
F rances Alexander, Chief Executive Officer
o f the Sport, Leisure and Recreation
D epartment, being released from her
c ontract of employment, and the reasons for a greeing to the settlement reached and to
r eport thereon to the States.
T he Committee has kept the States fully
i nformed of the progress of the Inquiry by m eans of statements; the information
p resented to the States on 26th October
1 993 with the Committee's request for an a dditional vote of credit to pay the
C ommittee's essential expenses; and the
i nformation that I gave to the States on
t hat occasion.
I mmediately following its appointment, the C ommittee started to obtain material
r elevant to the Inquiry. It received copies
o f the relevant Committee Acts and
r equested the Sport, Leisure and Recreation C ommittee, the Education Committee and the E stablishment Committee to supply all
r elevant papers and suggested that they
s hould also consider obtaining legal advice
r egarding the evidence that they would
p resent to the Inquiry. As is normal
p rocedure the Committees were to be advised b y the Law Officers' Department and it was
a greed that they would be represented by an
o fficer of that Department before the
C ommittee of Inquiry. A request for the
s ubmission of evidence and the production
o f papers was sent to Advocate P. de C.
M ourant, acting on behalf of Miss M.F.
A lexander. All parties were invited to
s ubmit to the Committee of Inquiry the
n ames of persons they would wish to be
c alled as witnesses.
T he Committee of Inquiry decided that it
t oo would need legal advice and, since it w as inappropriate for the Committee to be a dvised by the Law Officers of the Crown, t he Committee decided that it should
a ppoint independent legal counsel. Under A rticle 20 of the Public Finances
( Administration) (Jersey) Law 1967, as a mended, the Committee was unable to employ c ounsel until the States had voted the
n ecessary funds. The Committee also
r equired funds for other purposes which
w ere explained to the States on 26th
O ctober 1993 when the necessary vote of
c redit was granted.
T he Committee has all along been determined
t o conduct its proceedings in a thorough
a nd efficient manner and to ensure a fair
h earing to all concerned. It has also been
c onscious of the limited time available to
c onduct its hearings. Not only was it
r equired to complete its proceedings and
p roduce its report by the end of the
p resent Session on 7th December 1993, it
a lso had to fix hearing dates within the
b usy timetable of Committee members,
a dvisers, witnesses and others involved.
A bove all, the Committee was unable to
s tart its proceedings until the civil
l itigation proceeding en cause de
b rièveté'' between Miss Alexander and the
S port, Leisure and Recreation Committee and
t he Establishment Committee had been
c oncluded. In the event, the earliest date
o n which Committee could hold its hearings
w as the week beginning Monday 15th November 1 993, and the Committee decided to devote
t he whole of that week to the task with the
w hole of this week (today's States Meeting
e xcepted) being devoted to preparation for
t he hearings. The civil action was
w ithdrawn at the beginning of last week. In
p lanning its proceedings, the Committee
a ssumed that a total of 25 hours hearings
w ould be sufficient to cope with
a pproximately 30 witnesses that it intended
t o call, and that there would be sufficient
t ime afterwards to prepare the report.
H owever, the Committee was aware all along
t hat, although it had begun to collect
w ritten evidence from the parties concerned
a nd had received voluntary submissions, it
c ould not begin to prepare itself for the
h earing until it had received and examined
a ll the relevant written evidence and could
n ot begin to hear oral evidence, until its
o wn preparations were complete.
I n the event the Committee is still waiting
f or written submissions from several of the
p arties involved. The Committee has not yet r eceived Miss Alexander's formal submission w hich is expected to be presented to the
C ommittee within the next two days but it
u nderstands that it runs to some 147
c losely typed pages of detailed information w ith extensive cross-referencing to
s upporting documents. The Committee
r eceived late last week the submission of
t he Education Committee; and those of the
S port, Leisure and Recreation Committee and t he Establishment Committee are expected
s hortly.
A fter such an expenditure of effort on
a ll sides, the Committee of Inquiry would e xpect to discharge its responsibilities
a nd bring its proceedings to a satisfactory c onclusion. However it is clear to the
C ommittee that there is now insufficient
t ime for it to study the papers, when
r eceived, and for its legal adviser to
a dvise it fully on the conduct of its
p roceedings, so as to be ready to start the p ublic hearings next Monday. It is also
a pparent that the Committee's original
e stimate that it could conduct a proper
h earing of all the evidence in its
p ossession within the week set aside for
t he hearings is no longer correct. In
f airness to all concerned, the hearings
s hould continue for as long as is necessary t o complete the Committee's task, and not b e determined by outside considerations.
T he Committee has considered other ways
o f enabling it to complete the task that
t he States assigned to it, but no other
c ourse of action is practicable, given that
t wo Committee Members and myself cease to b e Members of the States on 9th December. H owever, the Committee will continue with
i ts preparatory work, in consultation with
i ts legal adviser, so that the re-
c onstituted Committee will be able to
c onduct the hearings with all the necessary
i nformation at its disposal.''
Axminster House: transfer of administration
THE STATES, adopting a proposition of the Public Services Committee -
( a) referred to their Act, dated 23rd April 1 9 8 5, and approved the transfer of the
a d m inistration of the balance of the
l e as e on the property Axminster House, D ev onshire Place, St. Helier, from the
P u b lic Services Committee to the Island D ev elopment Committee;
( b) agreed to the transfer of funds in
v o t es granted to the Public Services
C o m mittee under the headings 2082 - P u b lic building - premises'' and
R 4 18 - Inter Committee rents'' to the
I s la nd Development Committee votes of C r e dit 5208 - Expenses including
r a te s on properties purchased'' and
R 1 250 - rentals of business
p r e mises'';
( c) authorised the Treasurer of the States
t o d ebit the rent, rates and other
e x p enses as they became due from the
v o t e of credit granted to the Island
D ev elopment Committee under the heading v o t e 5208 - Expenses including rates on
p r o perties purchased.
Sea Fisheries (Jersey) Law 1993. P.153/93
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Sea Fisheries (Jersey) Law 1993.
Territorial Sea (Consequential Provisions) (Jersey) Law 1993. P.154/93
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled Territorial Sea (Consequential
Provisions) (Jersey) Law 1993.
Traffic and transport policy: transfer to Public Services Committee. P.156/93
THE STATES, adopting a proposition of the Policy and Resources Committee -
( i) agreed that all traffic and transport
p o l icy should become the responsibility
o f t he Public Services Committee, as
s e t out in paragraphs 3 and 5 of the
C o m mittee's report;
( ii) r equested the Public Services
C o m m ittee to present to the States as s o o n as possible an Island
tr a ff i c and transport policy,
in c l u d ing recommendations for the
ad m i n istrative and legislative
ch a n g e s necessary for the
ef f e c ti ve implementation of that p o li c y , as outlined in paragraphs 6 a n d 7 of the Committee's report.
Social Security (No. 2) (Jersey) Regulations 1993 (P.159/93) and amendments
THE STATES commenced consideration of the draft Social Security (No. 2) (Jersey) Regulations
199 , lodged on 12th October 1993, and adopted
the preamble.
Regulation 1 was adopted, the States having rejected an amendment of Senator Dereck André Carter that the following should be substituted for Regulation 1 -
i n sub-paragraph (a) of paragraph (6) of A rticle 1 of the Law for the words 8 per c ent'' there shall be substituted the words
7.5 per cent'';
and that Regulations 2 and 3 should be deleted. Members present voted as follows -
P o u r'' (17) Senators
R othwell, Le Main, Carter, Quérée, Chinn. Connétable s
S t. Mary, St. Martin, St. Peter , St. H elier, Trinity .
Deputies
B lampied(H), H. Baudains(C), Huelin(B), G rouville, Syvret(H), Crespel(H),
T rinity.
C o n tre'' (32) Senators
S henton, Jeune , Binnington, Horsfall, Baal, L e Maistre, Stein.
Connétable s
S t. John, St. Clement, St. Lawrence, St. O uen, St. Brelade , Grouville , St. Saviour.
Deputies
L e Gallais(S), Rumboll(H), Wavell(S),
N orman(C), St. John, St. Peter, Buesnel(H), L e Sueur(H), St. Ouen, Coutanche(L),
J ordan(B), St. Mary, Bailhache (H),
S . Baudains(H), Clarke-Halifax(S), Le
G eyt(S), Walker (H), Pullin(S).
Regulations 2, 3, 4 and 5 were adopted.
THE STATES, in pursuance of Articles 50 and 51 of the Social Security (Jersey) Law 1974, as amended, made Regulations entitled the Social Security (No. 2) (Jersey) Regulations 1993.
Waterfront Enterprise Board: report on recommendations. P.160/93
THE STATES, adopting a proposition of the Policy and Resources Committee -
- approved in principle that the
W a terfront Enterprise Board,
e s ta blished by Act of the States dated 3 0 t h March 1993, should, subject to r e le vant legislation and States
p r o cedures -
( i) be confirmed as a development ag e n c y of the States for an
i n itial ten year period;
( ii ) be given full responsibility for
th e co - ordination and promotion of d ev e l o pment in the St. Helier
W a t e rf ront Area;
w it hin the overall framework of the r e p ort of the Waterfront Enterprise B o a rd dated 22nd September 1993;
- appointed the followingpersonsto act
a s c hairman and members of the
W a terfront Enterprise Board, on terms a g r eed by the Policy and Resources
C o m mittee -
C h a irman
M r . Richard Blakeney Wade, O.B.E.
S t a tes Members
D ep uty Robin Ernest Richard Rumboll of S t . Helier
D ep uty Leonard Norman of St. Clement D ep uty Frank Harris on Walker of St.
H el ier
N o n-States Members
M r . Albert Burgess
M r . Jock Campbell Russell;
- agreed that the termof office of
S t a tes Members shall initially be three y e a rs and four months, and thereafter
t h re e years and the term of office of
n o n -States members shall be four and a h a lf years, with both categories being
e l ig ible for re-appointment.
Amendment (No. 16) to the Tariff of Harbour and Light Dues. P.162/93
THE STATES, in pursuance of Article 6 of the Tariff of Harbour and Light Dues (Jersey) Law 1947, as amended, approved the draft Amendment (No. 16) to the Tariff of Harbour and Light
Dues.
Harbours (Amendment No. 22) (Jersey) Regulations 1993. P.163/93
THE STATES, in pursuance of Article 4 of the Harbours (Administration) (Jersey) Law 1961, made Regulations entitled the Harbours (Amendment No. 22) (Jersey) Regulations 1993.
Boats and Surf-Riding (Control) (Amendment No. 9) (Jersey) Regulations 1993. P.164/93
THE STATES, in exercise of the powers conferred on them by Article 4 of the Harbours (Administration) (Jersey) Law 1961, as amended made Regulations entitled the Boats and Surf- Riding (Control) (Amendment No. 9) (Jersey) Regulations 1993.
Jersey Wildlife Preservation Trust: extension of loan. P.165/93
THE STATES, adopting a proposition of the Finance and Economics Committee agreed that the Act of the States of 9th March 1971, as amended on 8th June 1976, 18th April 1978, 26th July
1983 and 29th November 1988, be further amended by extending the period of the loan in the sum
of £100,000 to the Jersey Wildlife Preservation Trust, so that the principal of the loan would
be repaid not later than 23rd April 2010,
instead of 23rd April 2000, and that all other
terms and conditions of the loan would remain unchanged.
Social Security - trilateral agreement between Jersey, Guernsey and New Zealand: draft Exchange of Letters. P.166/93
THE STATES, adopting a proposition of the Social Security Committee -
- approved the draftExchangeof Letters
p r o posing an Agreement on Social
S e c urity between Jersey, Guernsey, and N ew Zealand;
- requested the Bailiff to inform the
S e c retary of State of the decision of t h e Assembly.
Parish Rate (Jersey) Law 1993 (P.167/93) and amendment (P.173/93)
THE STATES commenced consideration of the draft Parish Rate (Jersey) Law 1993.
Article 1 was adopted, the States having accepted an amendment of Deputy Robin Ernest Rumboll of St. Helier , that for the words two years'' substitute the words the year nineteen hundred and ninety-four.''
Article 2 was adopted.
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Parish Rate (Jersey) Law 1993.
States' Members allowance and income support: publication of information. P.170/93
THE STATES commenced consideration of a proposition of Senator Richard Joseph Shenton asking the States to refer to their Act dated
24th September 1991 regarding States Members' allowance and income support and to request the Finance and Economics Committee to publish annually details of the amounts paid to Members in respect of the allowance and income support.
After discussion, Senator Shenton withdrew the proposition, having received an assurance by the President of the Finance and Economics Committee, that that Committee, in consultation with the House Committee, would review the present scheme, and prepare a report for presentation to the States.
Committee Presidents: voting procedure for elections. P.171/93
THE STATES rejected a proposition of Senator Richard Joseph Shenton asking the States to refer to their Act dated 11th December 1990, regarding the election procedure for the appointment of Committee Presidents under Standing Order 41, and to agree that all voting should be undertaken in public rather than by secret ballot.
Members present voted as follows -
P o u r'' (17) Senators
Shenton, Rothwell, Stein, Quérée. Connétable s
St. Lawrence, Grouville , St. Helier. Deputies
Wavell(S), Blampied(H), H. Baudains(C), Buesnel(H), Jordan(B), Grouville , Le Geyt(S), Syvret(H), Crespel(H), Trinity .
C o n tre'' (32) Senators
Jeune , Binnington, Horsfall, Baal, Le Main, Le Maistre, Carter, Chinn.
Connétable s
St. John, St. Clement, St. Mary , St. Ouen, St. Brelade , St. Martin , St. Peter, St. Saviour , Trinity .
Deputies
Le Gallais(S), Rumboll(H), Norman(C), St. John , St. Peter , Le Sueur(H), St. Ouen, Coutanche(L), Huelin(B), St. Mary, Bailhache (H), Rabet(H), Clarke-Halifax(S), Walker (H), Pullin(S).
Power station - automation: additional vote of credit. P.175/93
THE STATES, adopting a proposition of the Finance and Economics Committee, acceded to the request for the following additional vote of
credit to be voted out of the general reserve -
C0494 - Public Services Committee
A u tomation of the power station £400,00 0 .
THE STATES rose at 4.45 p.m.
C . M . N E W C O M BE
D e p u ty Greffier of the States.