States Minutes 10th May 1994

STATES MINUTES 1 0 t h M  a y 1 994

T HE STATES assembled on Tuesday, 1 0th May 1994 at 9.30 a.m. under

t h e Presidency of the Bailiff ,

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

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

w a s p r e sent.

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All Members were present with the exception of -

M ichael Adam Wavell, Deputy of St.

S aviour - out of the Island.

H enry George Coutanche, Deputy of St. L awrence - out of the Island.

M argaret Anne Le Geyt, Deputy of St. S aviour - out of the Island.

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P r a y e rs

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Connétable of St. Ouen - welcome

The Bailiff , on behalf of the Members of the States, welcomed to the Assembly the newly elected Connétable of St. Ouen, Mr. Kenneth Priaulx Vibert .

Subordinate legislation tabled

The following enactment was laid before the States, namely -

T elecommunications (Telex)

( Amendment No. 9) (Jersey) Order 1994. R & O 8675.

Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 29th April

1994, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

 ( a) as recommended by the Island

D  ev elopment Committee, the lease to

C u r woods Garage of the stable building a n d yard area at No. 46 Rouge Bouillon, S t . Helier, for a period of nine years

f ro m 9th July 1993, at an annual rent

o f £ 3,640 payable quarterly in advance,

a n d subject to annual review, with

s h a red access to No. 46 Rouge Bouillon, w  it h the public retaining two parking

s p a ces for two tenants of that

p r o perty, and with Curwoods Garage

b e in g responsible for the maintenance

a n d repairs of the stable building and

y a r d area but not the access road;

 ( b) as recommended by the Island

D  ev elopment Committee, the lease to Mr. P e t er Joseph Lamy of Fields Nos. 89 and 9 0 , Les Quennevais, St. Brelade

( m e asuring approximately 6.8.0 and

3 . 8 .0 vergées respectively), for a

p e r iod of one-year at an annual rent of

£6 5 0, representing a rate of £70 a

v e r gée, payable half yearly in advance,

w  it h the land to be used for

a g r icultural purposes only;

( c) as recommended by the Public H ea lth Committee -

( i) the lease from Family Nursing

S e rv i c es Incorporated of

G l o u ce ster Lodge, Stopford Road, S t. H  e lier, on an internal

re p a i ri ng basis, for a period of

2 0 y e a rs from 1st October 1993, at an a n n ual rent of £1; and

( ii ) the lease to Family Nursing

S e rv i c es Incorporated of

ac c o m  modation representing one- th i rd o f the floor area at Le Bas

C e n tr e , as outlined on a schematic fl o w p lan dated September 1991, an d i ts car parking, on an

in t e rn a l repairing lease basis,

fo r a period of 21 years from 1st O c to b e r 1993 at an annual rent of

£1 ;

 ( d) as recommended by the Public

H  ea lth Committee, the lease from Mr. E u g ene Rault and Mrs. Rosalind Mary R a u lt, née Le Feuvre, of the properties N  o s. 6 and 8 Poonah Road, St. Helier, f o r a period of six months from 1st

A  p ril 1994, at a monthly rent of

£1 , 019.

Matters lodged

The following subjects were lodged au Greffe'' -

 1 .  Draft Advocates (Amendment

N  o . 3) (Jersey) Law 199 - P.60/94. P r e sented by the Legislation

C o m mittee.

 2 .  Draft Sexual Offences

( A m endment) (Jersey) Law 199 - P . 6 1/94.

P r e sented by the Legislation

C o m mittee.

3 . St. Mary's Village Plan - P . 6 2/94.

P r e sented by the Island

D  ev elopment Committee.

 4 .  Airport terminal building:

e x te nsion of lease to British Airways P l c - P.63/94.

P r e sented by the Harbours and

A  ir port Committee.

 5 .  Draft Building Loans

( M  iscellaneous Provisions) (Amendment N  o . 23) (Jersey) Regulations 199  .

P . 6 4/94.

P r e sented by the Housing

C o m mittee.

L odged on 3rd May 1994 -

T raffic and transport policy - P.59/64. P resented by the Public Services

C ommittee.

Draft Advocates (Amendment No. 3) (Jersey) Law 199 . P.43/92 (revised) - withdrawn

THE STATES noted that the President of the Legislation Committee had withdrawn the draft Advocates (Amendment No. 3) (Jersey) Law 199 (lodged au Greffe'' on 31st March 1992) having lodged a revised draft Law at the present meeting (P.60/94).

Draft Building Loans (Miscellaneous Provisions) (Amendment No. 23) (Jersey) Regulations 199 . P.144/93 - withdrawn

THE STATES noted that the President of the Housing Committee had withdrawn the draft Building Loans (Miscellaneous Provisions) (Amendment No. 23) (Jersey) Regulations 199 (lodged au Greffe'' on 28th September 1993) having lodged revised draft Regulations at the present meeting (P.64/94).

Arrangement of public business for the present meeting

THE STATES acceded to the request of the President of the Tourism Committee that consideration of the draft Licensing (No. 8) (Jersey) Regulations 199 . (P.33/94 - lodged au Greffe'' on 15th March 1994) be deferred from the present meeting to a later date.

THE STATES acceded to the request of the President of the Defence Committee that consideration of the draft Policing of Roads (Amendment No. 5) (Jersey) Regulations 199 (P.55/94 - lodged au Greffe'' on 26th April 1994) be deferred from the present meeting to a later date.

Abortion Law reform (P.30/94): amendments. P.49/94 - withdrawn

THE STATES acceded to the request of Deputy Gary Matthews of St. Brelade that his amendment

to the Abortion Law Reform proposition

(P.49/94 - lodged au Greffe'' on 12th April

1994) be withdrawn.

Abortion Law reform (P.30/94): third amendments. P.58/94 - withdrawn

THE STATES acceded to the request of Deputy Imogen Stephanie Nicholls of Grouville that her third amendments to the Abortion Law Reform proposition (P.58/94 - lodged au Greffe'' on 26th April 1994) be withdrawn.

Arrangement of public business for the next meeting on 24th May 1994

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

next meeting on 24th May 1994 -

P arish rates review - P.124/93. L odged: 24th August 1993.

C onnétable of St. John.

P arish rates review: amendment.

P resented: 1st February 1994.

F inance and Economics Committee.

D raft Termination of Employment -

M inimum Periods of Notice (Amendment) ( Jersey) Regulations 199 - P.22/94.

L odged: 22nd February 1994.

I ndustrial Relations Committee.

D raft Gambling (Channel

I slands Lottery) (Amendment No. 2) (Jersey) R egulations 199 - P.52/94.

L odged: 26th April 1994.

G ambling Control Committee.

P lanning and building control

c harges - P.54/94.

L odged: 26th April 1994.

I sland Development Committee.

A irport terminal building: extension

o f lease to British Airways Plc - P.63/94. L odged: 10th May 1994.

H arbours and Airport

C ommittee.

L es Landes heathland area, St. Ouen - P .51/94.

L odged: 12th April 1994.

P ublic Services Committee.

Car parking in St. Helier - question and answer (Tape No. 232)

Senator Terence John Le Main asked the Connétable of St. Helier the following questions -

1.  I s the Connétable aware that

v eh i c le s from a States Department ar e p ar ked daily in the designated p ar k i n g places in Halkett Place

w i th o u t displaying a paycard?

2 . Would the Connétable confirm, that -

( a ) under the Road Traffic (Saint

H e li e r ) (Jersey) Order 1988, as am  e n d ed, any vehicle parking in su c h a n area should display a

p ay c a r d?

( b ) that there are no exceptions to th i s r e quirement?

 3 .  If his answer to questions 2(a) and (b) a r e affirmative, would the Connétable

p l ea se explain the basis on which the

D  ep artment's vehicles are allowed to

p a r k in Halkett Place effectively free

o f c harge and why no steps are taken to

p r o secute the drivers for contravening t h e provisions of the Order?''

The Connétable of St. Helier replied as follows -

1.  I am aware that there are vehicles

p ar k i n g in an area in Halkett

P la c e . No instructions have been

g iv e n to the Traffic Ward ens not

to b o o k cars illegally and, on

ch e c k i ng with the Parking Fines

D e p a rt ment, I have only authorised th e ca n celling of two parking

fi n e s, o n 12th February 1993 and

2 0 th F ebruary 1993, for the

V i sc o u nt Department's because of th e ex t raordinary problems that

th e D e partment faces.

 2 .  (a)  Yes. ( b ) Yes.

 3 .  I treat any offence committed by a

d r iv er of a States Department vehicle

i n t he same manner as I would a States M  e mber or a member of the public. I

b e li eve that it is in the public

i n te rest to treat each fine with a c o m mon sense approach.

I a m aware that the Viscount's

D  ep artment have been trying to reserve p a r king spaces near the Royal Court

s in c e 1967. They often have custody of p r is oners who have to be taken to the D  ep artment at 27 Hill Street or to the R o y al Court. It is essential that, on

s e c urity grounds, they are able to park c l os e by.

I h o pe you will agree that every

o f fe nce should be judged on its merits a n d in this case I have acted for the

b e n efit of the public of the Island.''

Income tax collection - question and answer (Tape No. 232)

Deputy James Thomas Johns of St. Helier asked Senator Pierre François Horsfall, President of the Finance and Economics Committee, the following question -

  On 28th July 1992 former Deputy

M .C. Buesnel lodged au Greffe'' a

 p roposition (P.109/92) requesting the

 F inance and Economics Committee to prepare  l egislation to implement a new scheme of

 i ncome tax collection. The proposition was

 r eferred to the Committee to prepare a

 r eport. On 28th September 1993, in response  t o a question from Deputy Buesnel, the

 P resident advised him that the Committee's

 R eport would not be ready to be presented

 t o the States before the end of January

 1 994.

W ould the President now advise the States w hat is the current state of progress in

t he preparation of the report?''

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

  A draft report on an income tax

 c ollection scheme was prepared by the

 C omptroller of Income Tax earlier this year  a t the request of my Committee. That report  r efers to the revenue benefits to be

d erived from such a scheme through -

1 .  improved cash flow to the Treasury;

 2 .  collection of tax from short-stay

e m p loyees who are not caught by the c u r rent system;

 3 .  collection of tax from others leaving t h e Island;

a nd also refers to the main d isadvantages arising from -

1 .  the need for more civil servants; 2 .  the burden on small businesses;

 3 .  the possible demand by seasonal workers f o r higher wages;

 4 .  the disappearance of small income

e x e mptions with the result that people w  o uld become liable to tax on lower

i n co mes than at the present time.

I n last year's budget debate, however,

t here were a number of suggestions made by S tates' Members for improving the

a rrangements for collecting income tax and

i n a statement to the House on 1st February

1 994 I indicated that my Committee was

e ngaged in reviewing options for achieving

g reater equity within the income tax

s ystem. On 15th February 1994 in answer to a question by Senator Stuart Syvret I

a nnounced the formation of a Working Group c haired by the Chief Adviser, made up of

t he Comptroller of Income Tax, the

T reasurer of the States and three local tax

a dvisers.

T he Finance and Economics Committee having a sked the Working Group to consider and

r eport back on ways of achieving greater

e quity within the income tax system,

d ecided that the draft report on an income

t ax collection scheme should be referred to

t he Working Group for consideration as part

o f the wider brief. The Group will report

b ack to the Committee in the next few

m onths.''

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 Committee of Inquiry into circumstances leading to the release from contract of the former Chief Executive Officer of the Sport, Leisure and Recreation Department made a statement in the following terms -

  The following dates have been set aside

b y the Committee to interview key witnesses t o the inquiry -

W ednesday - 18th May - commencing 1 0 . 0 0 a . m .

T h ursday - 19th May - commencing 9 .3 0 a .m .

F r iday - 20th May - commencing 9 .3 0 a .m .

M onday - 23rd May - commencing 9 .3 0 a .m .

T h e hearings will be held in the Old

L i brary, Royal Square, and, unless the C o mmittee decides that it is in the

p u blic interest to hear particular

e v idence in private, all hearings will be

o p en to the public.

A n appropriate summons and explanatory l et ter will be sent to all witnesses

i n dicating the areas of inquiry on which

t h e Committee will be seeking evidence. A l l witnesses will be examined on oath.

T h e Committee may have to vary the times

o f the public hearings, or call further

w i tnesses, depending on the progress of

t h e initial hearings. Appropriate notice

w i ll be given through the news media of

t h e names of the witnesses to be called,

a n d at the conclusion of each days

h e arings any changes will be announced.

F o llowing the hearings the Committee w i ll consider all the evidence before it c o mpletes its report to this House.''

Victoria Chambers, Conway Street/Esplanade, St. Helier

THE STATES, adopting a proposition of the Island Development Committee -

 ( a) approved the sale by the public to

B o f or Developments Limited of the

p r o perty known as Victoria Chambers, C o n way Street, St Helier, as shown on d r a wing No. 434/1, for £415,000, with e a c h party being responsible for its

o w  n legal fees;

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

b e h alf of the public any contract which

i t m ight be found necessary to pass in

c o n nexion with the sale of the said

p r o perty and any interest therein.

Criminal Justice (Young Offenders) (Jersey) Law 1994 (Appointed Day) Act 1994

THE STATES, in pursuance of Article 23 of the Criminal Justice (Young Offenders) (Jersey) Law 1994, made an Act entitled the Criminal Justice (Young Offenders) (Jersey) Law 1994 (Appointed Day) Act 1994.

Abortion Law reform - P.30/94

THE STATES commenced consideration of a proposition of the Public Health Committee regarding the reform of the Abortion Law and, after discussion, adopted paragraph (1)(a).

Members present voted as follows -

P o u r'' (32) Senators

J eune, Horsfall, Rothwell, Le Main, Stein, Q uérée, Chinn, Syvret, Tomes.

Connétable s

S t. John, St. Lawrence, St. Mary, St. P eter, St. Helier , St. Saviour , Trinity .

Deputies

N orman(C), St. John, H.Baudains(C), St.

O uen, Huelin(B), St. Mary, Le Fondré(L), W alker(H), Trinity , Johns(H), Matthews(B), D orey(H), Breckon(S), Grouville , Huet(H),

S t. Martin.

C o n tre'' (18) Senators

 S henton, Le Maistre, Bailhache . Connétable s

S t. Clement, St. Brelade, Grouville , St. M artin, St. Ouen.

Deputies

R umboll(H), St. Peter , Le Sueur(H), S .Baudains(H), Crespel(H), Pullin(S), C arter(H), Duhamel(S), Routier(H), L ayzell(B).

Changes in Presidency

THE STATES adjourned for lunch and reassembled at 2.30 p.m. under the Presidency of the

Greffier of the States, Geoffrey Henry Charles Coppock, Esquire.

During consideration of the proposition regarding reform of the Abortion Law, the Greffier of the States retired from the Chamber. The debate continued under the Presidency of the Bailiff , Sir Peter Crill, C.B.E.

Adjournment

THE STATES adjourned at 6.32 p.m. until the next day, Wednesday, 11th May 1994, at 9.30 a.m.

  C .M  . N  E W  C O M BE D e p u ty Greffier of the States.