States Minutes 11th October 1994

STATES MINUTES 11t h O ct ober 1994

P r ice: £ 1.50

T HE STATES assembled on Tuesday, 11th October 1994 at 9.30 a.m. under

the Presidency of the Deputy Bailiff ,

P hilip Martin Bailhache , Esquire

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All Members were present with the exception of -

S enator Richard Joseph Shenton - out of the I sland

S enator Pierre François Horsfall - out of

t he Island

S enator Jean Amy Le Maistre - out of the

I sland

S enator Antony Beresford Chinn - out of the I sland

S enator Patricia Ann Bailhache - out of the I sland

R obert Lester Le Brocq, Connétable of St. H elier - out of the Island

J ohn Baudains Germain, Connétable of St. M artin - out of the Island

C arlyle John Le Herissier Hinault,

C onnétable of St. John - out of the Island

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P r aye rs

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Subordinate legislation tabled

The following enactments were laid before the States, namely -

1 . Service of Process (Amendment) ( Je r sey) Rules 1994. R & O 8726.

2 . Banking Business (List of

R egi stered Persons) (Amendment No. 2) ( Je r sey) Order 1994. R & O 8731.

3 . Road Traffic ( Grouville )

( A m endment No. 11) (Jersey) Order 1994. R & O 8732.

4 . Poisons (Amendment) (Jersey) O r der 1994. R & O 8733.

5 . Poisons (General Provisions)

( A m endment No. 6) (Jersey) Order 1994. R & O 8734.

6 . Therapeutic Substances (Supply

of H ydrocortisone and Beclomethasone D i pr opionate) (Jersey) Order 1994.

R & O 8735.

7 . Road Vehicle Lighting (Amendment N o . 16 ) (Jersey) Order 1994. R & O 8736.

8 . Social Security (Earnings Limit) ( Je r sey) Order 1994. R & O 8737.

Industrial Relations Committee - resignation of member

THE STATES noted the resignation of Iris Medora Le Feuvre, Connétable of St. Lawrence , as a member of the Industrial Relations Committee.

Matter presented

The following matter was presented to the States -

O akfield Industries Limited - report a nd accounts for 1993. R.C.25/94 P resented by the Social Security

C ommittee.

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 3rd October 1994 showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

( a) as recommended by the Public Services C om mittee, the purchase from Mr.

G e of frey Le Vesconte Fiott of

49.45 s quare feet of land in Field

N o . 904, T rinity, for a consideration

of £ 1 a square foot with the Committee bei ng r esponsible for all legal costs

i nv olved in the transaction;

( b) as recommended by the Island

D e vel opment Committee, the annulment of t he l ease to Sharleen Investments

L i m ited of Nos. 2-2½ Anley Street, St.

H e l ier, on the basis that full payment

of r ent would be made until 29th

S ept ember 1994, with a sum of £2,000

bei ng pa id in lieu of the company

car r ying out necessary remedial works,

and w ith the company being responsible

f or al l reasonable legal costs involved

i n t he transaction.

Matters lodged

The following subjects were lodged au Greffe'' -

1 . Florence Boot Cottages, Grève d' A zette, St. Clement - P.124/94. P r es ented by the Island

D e vel opment Committee.

2 . La Ville Machon, La Route des

C ôt es du Nord, Trinity : agricultural bui lding in green zone - P.125/94.

P r es ented by the Island

D e vel opment Committee.

3 . Liberation Square: approval of dr a wings - P.126/94.

P r es ented by the Occupation and L i be ration Committee.

4 . States of Jersey Airport:

oper ation of jet aircraft - P.127/94. P r es ented by the Harbours and

A i r port Committee.

Arrangement of public business for the present meeting

THE STATES acceded to the request of the Vice- President of the Occupation and Liberation Committee that the proposition regarding the approval of drawings for the redevelopment of Liberation Square, Weighbridge, St. Helier , set down for debate at the present meeting, be withdrawn, a revised version (P.126/94) having been lodged au Greffe''.

THE STATES acceded to the request of the Vice- President of the Finance and Economics Committee that consideration of the draft Judicial Fees (Amendment No. 4) (Jersey) Regulations 199 . (P.103/94 - lodged au Greffe'' on 9th August 1994) be deferred from this meeting to a later

date.

Arrangement of public business for the next meeting on 25th October 1994

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

next meeting on 25th October 1994 -

D raft Medicines (Jersey) Law 199 - P .106/94.

L odged: 23rd August 1994.

P ublic Health Committee.

F lorence Boot Cottages,

G rève d'Azette, St. Clement - P.124/94. L odged: 11th October 1994.

I sland Development Committee.

L a Ville Machon, La Route des Côtes

d u Nord, Trinity : agricultural building in g reen zone - P.125/94.

L odged: 11th October 1994.

I sland Development Committee.

L iberation Square: approval

o f drawings - P.126/94.

L odged: 11th October 1994. O ccupation and

L iberation Committee.

S tates of Jersey Airport: operation

o f jet aircraft - P.127/94.

L odged: 11th October 1994.

H arbours and Airport Committee.

Environmental International Conventions - statement

The Vice-President of the Island Development Committee made a statement in the following terms -

With reference to nature conservation

i ssues, the Island's commitments to the

v arious treaties agreed at the United

N ations Conference on Environment and

D evelopment (UNCED) at Rio in 1992 in many w ays draw together, in a complementary

m anner, the specific requirements of other

i nternational wildlife conventions which

h ave been agreed over the years. Of

p articular relevance was the adoption, at

R io, of Agenda 21, calling for Sustainable

D evelopment in the 21st Century, and the

B iodiversity Convention.

T he United Kingdom, in 1992, signed the

R io agreements and Jersey was included for

t he Biodiversity Convention. The United

K ingdom has produced a Sustainable

D evelopment Strategy in response to the

A genda 21 and all United Kingdom Local

A uthorities are responding at the local

l evel. At a Home Office meeting attended

r ecently by the Conservation Officer, the

U nited Kingdom authorities indicated their

w ish that Crown Dependencies would respond a lso to the initiatives. It is my

C ommittee's intention that a local

s ustainable development strategy will be

p roduced once the appointments are made of

t he recently agreed senior environmental

p osts at the Chief Adviser's Office and at

P lanning and Environment.

M y Department has already responded to t he requirements of the Biodiversity

C onvention.

B iodiversity is the variety of life forms

w e see around us and the Convention

r equires each contracting party to develop n ational strategies, plans or programmes

f or the conservation and sustainable use of b iological diversity'. Its objectives are

t o conserve and to enhance the populations a nd natural ranges of native species, their h abitats and ecosystems, and to increase

p ublic awareness of, and involvement in, c onserving biodiversity.

A draft Biodiversity Strategy for Jersey

h as been produced and feedback obtained f rom other States' departments. It is hoped t hat a revised report can be produced for

f inal approval before the end of the year.

F or those interested in the detail,

r eference to the full text of the

B iodiversity Convention will reveal how its r equirements dovetail with the specific

c onventions already applicable to Jersey.

T hese are -

1 . The BERNE CONVENTION - on The C ons ervation of Wildlife and Natural

habi tats.

T he a ims of this convention are to

as sur e greater consideration for

ecol ogical interests in spatial

pl anni ng policy. It is particularly

ai m ed at protecting a wide range of w i l dlife and their habitats, with

s tr i ct protection for named threatened s pec ies. Our local green lizard for exam ple is a protected species.

T he U nited Kingdom ratified this

conve ntion in 1982 and Jersey sought to be i ncluded in 1987. The extension to

J er s ey has been agreed but is subject

t o r eservations pending the

i m pl ementation of a new local law

pr ot ecting wildlife species which will cove r, inter alia, those aspects of the

B er ne Convention where the Island is

s ti ll deficient in legislation. A draft

f or m of the proposed Conservation of Wi l dlife (Jersey) Law has been prepared i n f ull consultation with the

appr opriate bodies on the mainland. It

i s at present with the Law Officers

w i t h the indication that it will be

pr og ressed later this year.

T he ot her legal requirements of the

C onvent ion are met by SSI designation under the Island Planning (Amendment N o . 3 ) (Jersey) Law 1983. The evidence and j ustifications for the first three

des ignations (Les Blanches Banques, Les L ande s and Gorselands) were ready early i n t he year but the matter is presently

del ayed with the Law Officers in order

t o r esolve legal aspects with respect

t o t he registration of the order.

2 . BONN CONVENTION - on The Conservation of M igratory Species of Wild Animals

T he C onvention acknowledges the

i m por tance of the conservation of

m igr atory species and aims to provide f or their protection and to conserve and p rotect habitats of importance to s uch species.

J er s ey was included in the

U n i ted Kingdom instrument of

r at i fication in 1985. Of particular

r el eva nce for the Island is the

s ubs equent related Agreement on the

C ons ervation of Bats in Europe (1992). P r ovi sion to protect bat habitats is

t hr ough the SSI Designation dimension of t he Planning Law. Species protection w ill be given with the proposed

C ons ervation of Wildlife (Jersey) Law w h i ch is, as stated, with the Law

D r af tsman.

3 . RAMSAR CONVENTION - on the Conservation of W etlands of International and

N a t ional importance.

T hi s convention requires nations to

i nc l ude wetland conservation within

t he i r national land-use planning. It

ai m s to maintain the ecological

char acter of wetlands, and to designate w e t land sites of international

i m por tance.

T he R amsar Convention was originally adopt ed in 1971, and the United Kingdom r at i fied it on behalf of the States of

J er s ey in 1991. No wetland sites in

J er s ey met the original criteria for

R am sar designation but the situation chan ged in 1990 when new criteria were es tabl ished.

F ol lowing a survey of potential sites

i n C rown Dependencies conducted for the D e par tment of Environment (DOE) in 1992, a local candidate Ramsar site was

i de nt ified - the majority of the

I sl and 's inter-tidal area except for

t he nor th coast. Ultimate designation

w i l l depend on a rigorous assessment of

t he s ite and prior local SSI

des ignation. The department has

i ni t iated a survey to collect the

appr opriate data and is in liaison with

t he D OE concerning procedural details.

I n t he wider environmental context, my C om mittee has expressed the wish, that i s s upported by Policy and Resources, t ha t the Convention on Environmental I m pac t Assessment (EIA) in a

T r an sboundary Context be extended to J er s ey when it is ratified by the

U n i ted Kingdom. The Committee is

al r ea dy aware of the need for EIAs for m aj or development projects and it will s ee k, in the proposed Sustainable

D e vel opment Strategy, to identify

cl as ses of projects for which EIAs will be ne cessary.

T ur ning to the cultural and built

her itage, the Island Development

C om mittee has recently recommended to P ol icy and Resources the inclusion of

J er s ey in the United Nations Convention conc erning the Protection of the World C ul tural and Natural Heritage. My

C om mittee is awaiting its response.

T he C ouncil of Europe Convention for t he P rotection of Architectural

H e r itage was extended to Jersey in 1986. I t aims to provide for the

pr ot ection of monuments, groups of bui ldings and sites. A major obligation i s t o p repare an inventory of all

s tr uct ures which fall within the terms

of t he convention. This has been in

pr og ress since 1988 and SSI

des ignations have been sought. However t he S tates have held up SSI orders

f ol l owing a proposition brought to the H o us e. Significant requirement is the need to provide financial assistance,

and t he report on grants and loans is now with Finance and Economics. My C om mittee fully expects to implement

t he pr oposals which will fulfill our

com pliance with this convention.

T he I sland has been a party to the

C ounci l of Europe Convention on the

P r ot ection of Archaeological Heritage

s ince 1 970 although the request to be

i nc l uded in the 1992 revised version of t he C onvention is still being

pr oc essed. The Convention provides for a l egal system for the protection of

ar chae ological objects, including

i nv entories of items, licences and

E I A s. The requirements of this

conve ntion are met by SSI designation under the Island Planning (Amendment N o . 3 ) (Jersey) Law 1983.

I n conclusion, may I say that Members will b y now be well aware of the extent and

c omplexity of such conventions. As such

i nformation is in the public domain, if

f urther technical information is required

m y officers will be willing to discuss

i nformally detailed aspects of these

c onventions.''

Appel nominal - revised procedure. P.79/94 and P.122/94

THE STATES commenced consideration of a proposition of Deputy Jeremy Laurence Dorey of St. Helier on the provision of a new system of the Appel Nominal''.

THE STATES accepted an amendment of Deputy Robert Charles Duhamel of St. Saviour that a paragraph (a) be inserted at the beginning of

the proposition to agree in principle that

voting on the Appel Nominal' should be conducted by means of a system of simultaneous voting.''

The existing proposition was redesignated as paragraph (b).

THE STATES continued discussion of paragraph (b) of the proposition to request the House Committee to prepare an amendment of Standing Order 31(3) of the Standing Orders of the States of Jersey to provide for a new system of the

 Appel Nominal' as outlined in the report, dated 3rd June 1994, of Deputy Dorey except that, in paragraph 3(e) of the report the second sentence

 It might be considered advisable that a Member in this situation should be able to leave a

proxy vote, failing which he/she would be deemed to have abstained.' would be deleted''.

After further discussion Deputy Dorey withdrew paragraph (b) of the proposition.

THE STATES thereupon agreed in principle that voting on the Appel Nominal' should be conducted by means of a system of simultaneous voting.

Projet de Loi (199 ) (Amendement No. 5) sur l'Instruction Primaire. P.88/94

THE STATES, having considered the preamble, rejected the Projet de Loi (199 ) (Amendement No. 5) sur l'Instruction Primaire.

Members present voted on the preamble as follows -

  P our ' ' (15) Senators

Q uérée, Tomes. Connétable s

S t. Clement, St. Lawrence , Grouville , S t. Saviour.

Deputies

H . Baudains(C), St. Ouen , Coutanche(L), S t. Mary, Le Fondré(L), Pullin(S), Trinity , R outier(H), Dorey(H).

C ont re'' (28) Senators

J eune, Rothwell, Le Main, Stein, S yvret.

Connétable s

S t. Mary, St. Brelade , St. Peter , T rinity, St. Ouen .

Deputies

R umboll(H), Wavell(S), Norman(C), St. P eter, Le Sueur (H), Huelin(B),

S . Baudains(H), Le Geyt(S), Crespel(H), C arter(H), Johns(H), Duhamel(S),

M atthews(B), Layzell(B), Breckon(S), G rouville, Huet(H), St. Martin .

Change in Presidency

THE STATES adjourned for lunch and re-assembled in the afternoon under the Presidency of Senator Reginald Robert Jeune .

Franchise (Amendment No. 5) (Jersey) Law 1994 - P.104/94

THE STATES commenced consideration of the draft Franchise (Amendment No. 5) (Jersey) Law 1994.

Article 1 was deleted, the States having

accepted the amendment of Deputy Jeremy Laurence Dorey of St. Helier .

Article 2 was adopted.

Article 3 was adopted, the States having

accepted an amendment of Deputy Jeremy Laurence Dorey of St. Helier that for sub-paragraphs (a)

and (b) of paragraph (1) there should be

substituted the following sub-paragraphs -

(a) he was ordinarily resident in that

pa r i sh on t he first day of March

in t h e r elevant year; and

( b ) he was ordinarily resident in

the I s la nd for the period of two

ye ar s i mmediately preceding the

fi rs t d ay of March in the relevant ye ar , o r had been so resident for

an y per iod of five years preceding that dat e.''

and that paragraph (2) should be deleted. Articles 4 and 5 were adopted.

Article 6 was adopted, the States having

accepted an amendment of Deputy Jeremy Laurence Dorey of St. Helier that for sub-paragraph (a)

there should be substituted the following sub-paragraph -

(a) for sub-paragraph (a) of paragraph

(3 ) t her e shall be substituted the

fol low ing sub-paragraph -

(a ) enter thereon, so far as he is

ab l e, al l such information as may

be r eq ui red by the return in

res pe ct of persons resident in

su ch dw elling accommodation who ar e e nt itled to be registered in

ac cor danc e with the provisions of

A r ti c le 2 of this Law and shall

reques t each such person to sign

the r et urn;' ''.

Article 7 was adopted.

Article 8 was referred back to the Legislation Committee.

La Collette factory units: leasing - P.113/94

THE STATES, adopting a proposition of the Island Development Committee, referred to their Act, dated 28th September 1993, regarding the ground lease of La Collette factory units, and -

( a) authorised the Island Development

C om mittee, on behalf of the public, to

exer cise its option to purchase the

m ai n structure of the industrial

bui lding constructed at La Collette by

C hi nq Holdings Limited, and to

ext i nguish the ground lease, utilising

  f unds from Vote C0931 (La Collette -

C ons truction of Industrial Building),

f or a c onsideration to be agreed by the

F i na nce and Economics Committee, but not exceeding £520,000, with each party bei ng r esponsible for the payment of

i ts ow n legal fees;

( b) approved the leasing of one of the five s el f -contained units to each of the

f ol l owing companies -

A s hl ey a nd Company Limited

D enni s Romeril Agencies and C om pany (Jersey) Limited

P ionee r Coaches Limited

R .R . W hittingham and Company L im it e d

R .W . and A . Engineering Limited, on t he basis that -

( i) such leases were to be for a

pe r i od of 42 years at an initial

an nual ground rent equating to 80 pe nce a nd 20 pence a square foot for t he bu ilding and car park

res pe ct ively, subject to open

m ar ket review every three years, toget her with a capitalised rent

for t he us e of the structure,

repr e sen ting the cost to the

pub li c of the construction,

pa yabl e at the commencement of the leas e, t he final figure for this

ca pi tal ised rent to be agreed by

the F inanc e and Economics

C om m ittee;

( ii ) pr ovision was made for the leases to be c ancelled and the

ca pi t alised rent to be returned by

the I s la nd Development Committee in t h e eve nt that the tenant

fai led t o comply with the various

obl i g at ions relating to a change

of us e f or its existing premises

w i thi n t he first six months from

the co m mencement of its lease;

( c) authorised the Attorney General and the G reffier of the States to pass on behalf of

t he public any contracts which it was found n ecessary to pass in connexion with this

d evelopment on the said land;

( d) authorised the Treasurer of the States t o p ay/receive the amounts involved in t he abov e transactions as they became due.

Social Security (Reciprocal Agreement with Great Britain, Northern Ireland, the Isle of Man and Guernsey) (Jersey) Act 1994 - P.116/94

THE STATES, in pursuance of Article 48 of the Social Security (Jersey) Law 1974, as amended, and of all other powers enabling them in that behalf, made an Act entitled the Social Security (Reciprocal Agreement with Great Britain, Northern Ireland, the Isle of Man and Guernsey) (Jersey) Act 1994.

Field 1489, Bellozanne Valley, St. Helier : purchase - P.117/94

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

( a) authorised the purchase from the Parish of S t. Helier of Field No. 1489

m eas uring five vergées seven perch in B el lozanne Valley, St. Helier , as shown on dr awing No. 438/1, for the sum of £ 25,87 5 with each party being r es pons ible for its own legal fees;

( b) authorised the Greffier of the States t o s ign the said drawing on behalf of t he S tates;

( c) authorised the Attorney General and the G r ef fier of the States to pass, on

beha lf of the public, any contract

w h i ch it might be found necessary to

pas s in connexion with the purchase of

t he s aid land and all interests

t he r ein;

( d) authorised the payment or discharge of t he expe nses incurred in connexion with t he pur chase of the said land and all

i nt er ests therein from the Island

D e vel opment Committee's capital vote of cr edi t - Land Acquisition - Major

R es erve (C.0904);

( e) agreed to the transfer of the

adm inistration of Field 1489,

B el lozanne Valley, St. Helier , to the

P ubl ic Services Committee on passing of cont ract.

Berry House, 16 Val Plaisant, St. Helier : sale to Les Vaux Housing Trust - P.118/94

THE STATES, adopting a proposition of the Housing Committee -

( a) approved the sale of the freehold of

B er ry House, 16 Val Plaisant, St.

H e l ier, a completed development of

t hr ee one-bedroom flats and two two-

bedr oom maisonettes, to Les Vaux

H o us ing Trust for the sum of £475,000, w i t h each party being responsible for

t he paym ent of its own legal costs;

( b) authorised the Attorney General and the G r ef fier of the States to pass the

nece ssary contracts;

( c) authorised the Treasurer of the States t o r eceive the amount connected with t he abov e transaction.

Members present voted as follows -

P our ''(33) Senators

R othwell, Stein, Syvret. Connétable s

S t. Clement, St. Lawrence , St. Mary , St. B relade, St. Peter , Grouville , St. Saviour , T rinity, St. Ouen .

Deputies

R umboll(H), Wavell(S), Norman(C), St.

P eter, H. Baudains(C), St. Ouen ,

C outanche(L), Huelin(B), St. Mary ,

S . Baudains(H), Le Fondré(L), Le Geyt(S), C respel(H), Pullin(S), Trinity , Carter(H),

J ohns(H), Routier(H), Layzell(B),

G rouville, St. Martin .

C ont re''(5) Deputies

D uhamel(S), Matthews(B), Dorey(H), B reckon(S), Huet(H).

Jersey Field Squadron Royal Engineers (Royal Militia of the Island of Jersey) and the

Princess of Wales' Royal Regiment: authority to march with Colours flying, drums beating and bayonets fixed'' in Jersey - P.119/94

THE STATES, adopting a proposition of the Defence Committee -

( a) authorised the Jersey Field Squadron R oyal Engineers (Royal Militia of the I sl and of Jersey), to exercise the

pr ivi lege of marching with Colours f lyi ng, drums beating and bayonets

f ixed' ' in Jersey;

( b) referred to their Act, dated 13th

F ebr uary 1990, and agreed to the

t rans fer of the privilege granted to

t he R oyal Hampshire Regiment to march w i t h Colours flying, drums beating and

bayon ets fixed'' in Jersey to the

P r inces s of Wales' Royal Regiment.

Public business - item deferred

THE STATES, adopting a proposition of Deputy Dereck André Carter of St. Helier , agreed to defer the remaining item of Public Business until 25th October 1994, and further agreed on a proposition of Deputy Derek Ryder Maltwood of St. Mary that the proposition Jersey Transport Authority: responsibilities (P.123/94 - lodged

au Greffe'' on 27th September 1994) be considered as the first item of matters lodged under Public Business on that date.

THE STATES rose at 5.46 p.m.

G .H .C . C O P P O C K G r ef fi e r of the States.