States Minutes 12th April 1994

STATES MINUTES 1 2 t h A  p ri l 1994

T HE STATES assembled on Tuesday,  1 2th April 1994 at 9.30 a.m. under

t h e Presidency of the Bailiff ,

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

_ _ _ _ _ _ ______

All Members were present with the exception of -

S enator Pierre François Horsfall - out of

t he Island.

S enator Terence John Le Main - out of the I sland.

F rank Harris on Walker , Deputy of St.

H elier - out of the Island.

_ _ _ _ _ _ ______

P r a y e rs

_ _ _ _ _ _ ______

Connétable of St. Ouen - retirement

The Bailiff , on behalf of the States, thanked

Mr. Arthur Philip Querée, Connétable of St. Ouen , for his services to the Island over many years and conveyed to him the best wishes of the Assembly on his retirement.

Connétable of St. Martin - welcome

The Bailiff , on behalf of the States, welcomed

to the Assembly the newly-elected Connétable of St. Martin , Mr. John Baudains Germain

Subordinate legislation tabled

The following enactments were laid before the States, namely -

1 .  Petty Debts Court (Amendment)

( J er sey) Rules 1994. R & 0 8661.

 2 .  Banking Business (List of

R e g istered Persons) (Jersey) Order 1 9 9 4. R & 0 8662.

 3 .  Road and Sand Racing (No. 2)

( J er sey) Order 1994. R & 0 8663.

 4 .  Traffic Signs (Amendment No. 15) ( J er sey) Order 1994. R & 0 8664.

 5 .  Telecommunications (Telephones)

( A m endment No. 23) (Jersey) Order 1994. R & O 8665.

Cottage Homes Committee - nomination of Connétable of St. Martin

THE STATES appointed Mr. John Baudains Germain, Connétable of St. Martin, as a member of the

Cottage Homes Committee.

Nomination of members to serve on the Special Committee on Freedom of Information

THE STATES, on the proposition of Senator Stuart Syvret, President of the Special Committee on Freedom of Information, appointed the following as members -

S enator Nigel Lewis Quérée

S enator Vernon Amy Tomes

R obin Ernest Richard Rumboll, Deputy of St. H elier

J ames Thomas Johns, Deputy of St. Helier

G ary Matthews, Deputy of St. Brelade

F rederick John Hill, Deputy of St. Martin.

Matters presented

The following matters were presented to the States -

 1 .  Residential land availability:

r e v iew for 1994. R.C.9/94

P r e sented by the Island Development

C o m mittee. THE STATES ordered that the s a id report be printed and

d i st ributed.

 2 .  Regulation of Undertakings and

D  ev elopment: six-monthly manpower

r e tu rns. R.C.10/94

P r e sented by the Finance and

E c o nomics Committee. THE STATES ordered th at the said report be printed and

d i st ributed.

 3 .  Dwelling Houses Loan Fund:

a c c ounts for 1993. R.C.11/94

P r e sented by the Housing

C o m mittee. THE STATES ordered that the s a id report be printed and distributed.

Presented on 29th March 1994

 1 .  Social Security Committee:

r e p ort and accounts 1992/1993 P r e sented by the Social Security C o m mittee.

 2 .  Social Security Committee:

a b s tract of statistics 1992/1993 P r e sented by the Social Security C o m mittee.

Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 31st March 1994, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

 ( a) as recommended by the Harbours and

A  ir port Committee, the renewal of the

l e as e to TNT Offshore Island Express

L i m ited of warehouse accommodation on t h e New North Quay (Letting No. N8)

m  ea suring 3,160 square feet, for a

p e r iod of three years from 1st February

1 9 9 4, at an annual rent of £12,924.40

( re p resenting a rate of £4.09 a square

f o o t), subject to annual review and

p a y able six months in advance;

 ( b) as recommended by the Harbours and A  ir port Committee, the granting of a

r ig h t of way to Falles Holdings Limited

o v e r land to the south of land known as

L e t ting No. L65, on the following

c o n ditions -

( i) that the Housing Committee

ap p r o v ed the creation of a second ac c e s s from Le Clos Saut Falluet, S t. B  re lade, at some time in the

fu t u re in order to permit the

re p r o v ision of access to the

Je r s e y Electricity Company Limited el e c tr i city sub-station along the

so u t h e rn edge of the commercial

la n d o ff L'Avenue de la Commune; an d  

( ii ) that Falles Holdings Limited

re l in q u ished all rights and

en t i tl e ment in respect of the

ex i s ti n g access road to its paint

sp r a y a nd repair workshop premises fr o m L a Route de Quennevais;

 ( c) as recommended by the Harbours and A  ir port Committee, the renewal of the l e as e to Olivetti United Kingdom

L i m ited of 204 square feet of storage

a c c ommodation located on the first

f lo o r of the Airport Freight Terminal

( L e tting No. B146), for a period of

t h re e years from 1st January 1994, at

a n a nnual rent of £1,364.22

( re p resenting a rate of £6.69 a square

f o o t) subject to annual review;

 ( d) as recommended by the Public

S e r vices Committee, the acquisition

f ro m Mr. David Bisson of 1,291 square f e et of land at La Tour Farm, St.

C l e ment, required for road improvement p u r poses, for a consideration of

£1 , 291, subject to the Committee being

r e sp onsible for all the necessary

a c c ommodation works involved and for a l l legal costs involved in the

t ra n saction;

 ( e) as recommended by the Public

H  ea lth Committee, the renewal of the

l e as e from 23 Havre Des Pas Limited of t h e two-bedroom flat, Flat 6, 23 Havre

D  es Pas, St. Helier, required in order

t o p rovide staff accommodation, for a

p e r iod of one year from 25th February

1 9 9 4 to 24th February 1995, at an

a n n ual rent of £7,540, with an option

t o r enew until 24th February 1996;

 ( f) as recommended by the Public

H  ea lth Committee, the renewal of the

l e as e from Mr. Robert Charles Hamon of t h e three-bedroom bungalow, Little

A  rc h, Maufant, St. Saviour, required in

o r d er to provide staff accommodation,

f o r a period of one year from 25th

M a rch 1994 to 24th March 1995, at an a n n ual rent of £10,500, with an option t o r enew until 24th March 1996;

 ( g) as recommended by the Public

H  ea lth Committee, the lease from Mr. W  il liam Bertram Payn of the four-

b e d room house Le Havre, La Rocque, G  ro uville, required in order to provide s ta f f accommodation, for a period of

o n e year from 1st April 1994 to 31st

M  a rch 1995, at an annual rent of

£1 3 ,000;

 ( h) as recommended by the Public

S e r vices Committee and in accordance w  it h Standing Order 1(1)(aa), the

a c q uisition from the Crown of 81 acres

o f l and, consisting of both sea-bed and

f o re shore, to the south and south-east

o f L a Collette, St. Helier, for a sum

o f £ 275,000, being a fair and proper

p r ic e;

 ( i) as recommended by the Public

S e r vices Committee, the lease to the

J e rs ey Race Club of an additional

3 8 . 1 acres (approximately 85 vergées)

o f land at Les Landes, St. Ouen, for a

p e r iod of 21 years from 30th September 1 9 9 3, at at annual rent of £300 subject

t o t riennial reviews;

 ( j) as recommended by the Public

H  ea lth Committee, the granting of a

c o n tract servitude to the Woodville

H  o tel (1984) Limited to construct an

e m e rgency escape on to the Le Bas

C e n tre car park, on condition that such a n e ntrance would be kept locked at all t im  es and would only be capable of

o p e ning from the hotel side in an

e m e rgency, for a consideration of £500 a n d conditional upon the public not

b e in g liable for any costs;

 ( k) as recommended by the Public

H  ea lth Committee, the renewal of the

l e as e from Mrs. Kathleen Luce , née Le M  a rquand, of the two-bedroom property B a r achois, La Grande Route de St. Jean, S t . Helier, for a period of one year

f ro m 1st April 1994, at an annual rent

o f £ 8,868, with an option to renew

u n t il 31st March 1996;

 ( l) as recommended by the Public

H  ea lth Committee, the lease from Mrs. J o a n Annie Perrée, née Swift, of the

t w o -bedroom flat, Flat 3, 73 Rouge

B o u illon, St. Helier, for a period of

o n e year from 1st April 1994, at an

a n n ual rent of £6,228, with an option

t o r enew until 31st March 1996;

 ( m) as recommended by the Public

H  ea lth Committee, the renewal of the

l e as e from Mr. Robert Dodsworth Alton

o f t he four-bedroom house 25 West Park

A  v enue, St. Helier, for a period of one

y e a r from 1st April 1994, at an annual

r e n t of £10,008;

 ( n) as recommended by the Public

H  ea lth Committee, the extension of the l e as e from Mrs. Christine Louise

L a n glois, née Holborrow, acting on

b e h alf of Mr. Christian John Langlois a n d Miss Michelle Langlois, of the

t h re e-bedroom house 2 Bel Royal

G ar dens, St. Lawrence, for a period of t w o years from 16th February 1994, at a n a nnual rent of £9,960 from 16th

F e b ruary 1994 and £10,260 from 16th F e b ruary 1995;

 ( o) as recommended by the Public

H  ea lth Committee, the extension of the l e as e from Mrs. Eileen May Renouf , née P a l lot, of the three-bedroom bungalow

T e r amar, Mont au Prêtre, St. Helier ,

f o r a period of three years from 1st

A  p ril 1994, at an initial annual rent

o f £ 9,144 with an option to extend

u n t il 31st March 1999;

 ( p) as recommended by the Public

H  ea lth Committee, the renewal of the

l e as e of Field 1547, Westmount, St.

H  el ier to Mr. Barry Clement Rondel, for t h e period 1st January 1994 to 31st

D  ec ember 1994 at an annual rental of

£7 2 .10.

 ( q) as recommended by the Finance and

E c o nomics Committee, the renewal of the l e as e from Mr. John Baxter Marett of

t h e one bedroom property Flat 11, Le

H  u rel Court, Queen's Road, St. Helier

f o r a period of three years from 1st

A  p ril 1994, at an annual rental of

£7 , 704, subject to a three month notice t o t erminate to be served by the tenant C o m mittee only, and to annual rent

r e v iews in line with the Jersey Retail P r ic es Index on 1st April each year

f ro m 1995.

Matter noted - financial transaction

THE STATES noted an Act of the Finance and Economics Committee dated 31st March 1994, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that the Housing Committee had accepted the lowest of five tenders, namely that submitted by G.R. Langlois Limited in the sum of £176,369.00 in a contract period of 24 weeks, for the development of States rental accommodation at La Grande Maison Cottage, St. Catherine, St. Martin.

Matters lodged

The following subjects were lodged au Greffe'' -

 1 .  La Collette, St. Helier:

p e ti tion - P.39/94.

P r e sented by Deputy J.L. Dorey

o f S t. Helier.

 2 .  Draft Animals (Trapping)

( A m endment) (Jersey) Law 199 - P . 4 0/94.

P r e sented by the Agriculture and

F i s heries Committee.

3 . Grands Vaux Community Centre, S t . Saviour - P.41/94.

P r e sented by the Island

D  ev elopment Committee.

 4 .  Draft Gambling (Amendment No. 3) ( J er sey) Law 199 - P.42/94.

P r e sented by the Gambling

C o n trol Committee.

5 . Seat belts in school buses: p e ti tion - P.43/94.

P r e sented by Deputy I.S.

N  ic holls of Grouville .

6 . Jersey Association for Youth and F r ie ndship: loan - P.44/94.

P r e sented by the Finance and E c o nomics Committee.

7 . La Motte Garages, La Rue à Don, G ro uville: lease - P.45/94.

P r e sented by the Housing

C o m mittee.

 8 .  Leonard Norman Close, St.

S a v iour: sale to Les Vaux Housing T r u st - P.46/94.

P r e sented by the Housing

C o m mittee.

 9 .  Draft Boats and Surf-Riding

( C o ntrol) (Amendment No. 10) (Jersey) R e g ulations 199  - P.47/94.

P r e sented by the Harbours and

A  ir port Committee.

1 0. Jersey Kart and Motor Club: 1994 r a ci ng programme at Belle Vue, St. B r e lade - P.48/94.

P r e sented by the Sport, Leisure

a n d Recreation Committee.

1 1. Abortion Law reform (P.30/94): a m e ndments - P.49/94.

P r e sented by Deputy G. Matthews

o f S t. Brelade.

Lodged on 29th March 1994 -

 1 .  Burrard House, Don Street, St.

H elier: sub-lease of office accommodation - P .37/94.

P r e sented by the Finance

a n d Economics Committee.

2 . Oakwell Respite Home, St. Brelade : a c q uisition - P.38/94.

P r e sented by the Education

Committee.

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 Industrial Relations Committee that consideration of the draft Termination of Employment - Minimum Periods of Notice (Amendment) (Jersey) Regulations 199 (P.22/94 lodged au Greffe'' on 22nd February 1994) be deferred from the present meeting to a later

date.

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

B urrard House, Don Street, St. Helier: sub- l ease of office accommodation - P.37/94. L odged: 29th March 1994.

F inance and Economics Committee.

Arrangement of public business for the next meeting on 26th April 1994

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

next Sitting on 26th April 1994 -

O akwell Respite Home, St. Brelade : a cquisition - P.38/94.

L odged: 29th March 1994

E ducation Committee.

 G rands Vaux Community Centre, St. S a v iour. - P.41/94.

 I sland Development Committee.

D raft Gambling (Amendment No. 3) ( Jersey) Law 199  - P.42/94

G ambling Control Committee.

J ersey Association for Youth

a nd Friendship: loan - P.44/94.

F inance and Economics Committee.

L a Motte Garages, La Rue à Don, G rouville: lease - P.45/94.

H ousing Committee.

L eonard Norman Close, St. Saviour :

s ale to Les Vaux Housing Trust - P.46/94. H ousing Committee.

D raft Boats and Surf-Riding (Control)

( Amendment No. 10) (Jersey) Regulations 1 99  - P.47/94.

H arbours and Airport Committee.

THE STATES rejected a request of the President of the Sport, Leisure and Recreation Committee that the proposition regarding the Jersey Kart

and Motor Club's 1994 racing programme at Belle Vue, St. Brelade (P.48/94) should be considered at the meeting on 26th April 1994 and agreed to take this matter as the second item of business

on 10th May 1994.

THE STATES acceded to the request of the Connétable of St. John that his proposition regarding Parish rates review (P.124/93 lodged au Greffe'' on 24th August 1993) be taken at the meeting on 26th April 1994.

La Collette, St. Helier: petition. P.39/94

Deputy Jeremy Laurence Dorey of St. Helier presented to the States a petition of residents of the Island asking the States to grant the prayer of the petition that there should be no further land reclamation and/or development to the south and south east of La Collette, St. Helier, including the causeway and associated rock group known as The Three Sisters'' and that the site should be designated as a site of special interest.

THE STATES referred the said petition to the Island Development Committee and lodged the proposition au Greffe''.

Seat belts in school buses: petition. P.43/94

Deputy Imogen Stephanie Nicholls of Grouville presented to the States a petition of residents

of the Island asking the States to grant the prayer of the petition and make it compulsory for seat-belts to be fitted in all school buses

and vehicles used to transport children to and from their schools and on school trips.

THE STATES referred the said petition to the Defence Committee and lodged the proposition au Greffe''.

Abortion Law reform proposals - questions and answers (Tape No. 227)

Deputy Paul Francis Routier of St. Helier asked the Connétable of St. Saviour, President of the Public Health Committee, the following

questions -

1.  W ill the President inform the H o u s e under what grounds he

p ro p o s es that a woman with a

se v e r e foetal abnormality would be ab l e t o obtain an abortion?

 2 .  Will the President acknowledge that d i ag nosis of foetal handicap can often b e d ifficult and that prognosis about

t h e future life of the unborn is often

s p e culative in moderate to severe

h a n dicaps?

 3 .  (a)  Will the President identify the g ro u n d s used to justify abortions in th e General Hospital?

( b ) Will the President say what types

o f h a n dicap are identified in the

fo e t u se s?

( c ) How are the foetuses disposed of af t e r a bortion?''

The President of the Public Health Committee replied as follows -

1.  T he Public Health Committee

p ro p o s es that when in the opinion

o f tw  o approved specialist medical

p ra c t it ioners, one being a

sp e c i a list in obstetrics and

g y n ae c ology, there exists, at the

ti m e o f diagnosis, a substantial

ri s k t h at the foetus will suffer

fr o m a grave abnormality, the

m o t h e r ought to be given the

o p p o rtunity to have the pregnancy

te r m i n ated (up to the end of the

2 4 th w eek in pregnancy) in order

to a v o id her child subsequently

su f f e ri ng terribly.

I a m advised the following are examples

o f g rave abnormality -

(i ) a n e ncephaly - a condition w h i ch i s incompatible with li fe a n d i s characterised by th e in f a n t having very little b ra i n t is s ue;

(i i) o p en spinabifida (high level)

- w h i c h could lead to, amongst

o th e r t hings, paralysis of the

le g s , a lack of bladder and bowel co n t r o l, severe kidney problems an d h y drocephalus (a swelling of th e b ra in and skull) which leads to b ra i n damage.

T h e re are, in addition,

c e rt ain infections which the foetus m  ig ht acquire or traumas it might

s u f fer which could also give rise to a g r a ve abnormality.

 2 .  The diagnosis of foetal handicap is now n o t so difficult with the appropriate

t e ch nology and training which is

p r e sent in Jersey but the prognosis may b e d ifficult.

 3 .  (a)  Her Majesty's Attorney General has ad v i s e d that the law in Jersey is

n o t d is similar to the

in t e rp r etation offered by Judge

M c N a ughten in Rex -v- Bourne

(1 9 3 9 ) . In essence, abortion is

le g a l i n Jersey, when the mother's

li fe is threatened, or when she is

in d a n ger, if the pregnancy were

to c o n tinue, of becoming a

p h y s ic al or mental wreck'.

( b ) Under existing law the ground for te r m i n ation is not foetal

h an d i c ap. However, foetal handicap co u l d give rise to a woman

b ec o m  ing a mental wreck'

th e r e fo re a termination might be

ju s ti f ie d. In such circumstances I

am   ad v ised that the types of

h an d i c ap identified in the foetus

in c l u d e severe chromosomal or

se v e r e structural abnormalities

in c l u d ing those outlined in the

an s w  e r to Question 1.

( c ) This is an insensitive question to as k . P a rents who have lost a child th r o u g h a miscarriage, or a

p re g n a ncy being terminated, are

n o t h elped by this sort of

q u es t io n.

F o e ta l tissue is dealt with in the

sa m e w ay as other human tissue, in ac c o r d ance with guidelines issued b y t h e United Kingdom Health and S a fe t y Commission's Health Service A d v i so ry Committee.

H u m  an tissue is a potential source

o f in f e ction and it must be

su b j e c ted to a high temperature to en s u r e it is rendered sterile. In

ef f e c t the tissue is cremated.

M u c h compassion and support is

o ff e re d by the Hospital Chaplain an d b y medical and nursing staff. A m e m orial, cremation or burial se r v ic e , as appropriate, is

av a i la b le if requested.''

Law Draftsman's Office - questions and answers (Tape No. 227)

Deputy Gary Matthews of St. Brelade asked Senator Reginald Robert Jeune , President of the Policy and Resources Committee, and Deputy Leonard Norman of St. Clement , Vice-President of the Establishment Committee, the following questions -

1.  H ow many people are employed in

th e L a w Draftsman's Office and

w h a t a re their respective

re s p o n sibilities?

 2 .  What types of drafting work are u n d ertaken by the Office?

 3 .  What is the present workload of the O  ff ice? Is it increasing, reducing or r o u ghly the same year by year?

4 . Is the current provision of staffing a d e quate to cope with -

( a ) the present legislative workload? ( b ) the anticipated future workload?

5 . If the answer to question 4 is negative w h at steps are being taken -

( a ) to regulate the demand made on law d ra f ti n g services?

( b ) to provide additional draftsmen to co p e w ith the workload?''

The Vice-President of the Establishment Committee replied as follows -

1.  T he Law Draftsman's Office

co n s i s ts of the Law Draftsman,

th r e e A ssistant Law Draftsmen and a L a w Clerk.

( O n e Assistant Law Draftsman's post

b e c ame vacant at the end of February

a n d , from past experience, it is likely

t o t ake about six months to find a

r e p lacement. Interviews for the vacancy a r e scheduled for 15th April).

I t is the responsibility of the Law

D  ra ftsman to ensure that all

l e gi slation to be enacted by the States

o r t o be made by Committees is drafted

i n a way which expresses clearly and

e f fe ctively the instructions given by

C o m mittees. He is required to organize

t h e work of his Office to make maximum u s e of the specialized individual

s k il ls of the Assistant Law Draftsmen

a n d to ensure that legislation is

p r o duced in accordance with the States L a w Drafting Programme.

I t is the responsibility of Assistant

L a w Draftsmen to employ their

p r o fessional skills to ensure that

l e gi slation is drafted in accordance

w  it h the instructions received from

C o m mittees and to manage the progress

o f s uch legislation from first draft

s ta g e to completion, in compliance with t h e standards and directions laid down b y the Law Draftsman.

T h e Law Clerk acts as Personal

A  ss istant to the Law Draftsman,

m  ai ntains the States Greffe Library, u n d erstudies the Publications Editor a n d carries out a range of other

a d m inistrative and secretarial duties f o r the Assistant Law Draftsmen.

 2 .  As indicated in the preceding answer, t h e Office undertakes the drafting of

a l l Laws, Regulations and Orders for t h e States and its Committees.

The President of the Policy and Resources Committee replied as follows -

3 . A schedule has been placed on Members' d es ks this morning which shows -

( 1 ) the number of items submitted

fo r i n c lusion in the 1993/94 Law D r a ft in g Programme, the number ac c e p t ed for inclusion in that

P ro g r a mme, together with

co m  p a rative figures for the

1 9 9 2 /9 3 Programme;

( 2 ) for the period June 1993 - March 1 9 9 4 , and the corresponding period in 1 9 9 2/93, law drafting work

w h i ch  -

(a ) h a s been completed; (b ) i s i n progress;

(c ) i s o utstanding.

I t w ill be noted that the number of

i te m s completed during the period June 1 9 9 3 - March 1994 is significantly

g r e ater than for the corresponding

p e r iod in 1992/93. This is mainly

a t tr ibutable to the fact that from June

1 9 9 2 until January 1993 the Office

o p e rated with two rather than three

A  ss istant Law Draftsmen. The same

s it u ation again obtains and, until

t h er e is a full complement of Assistant L a w Draftsmen, a reduction in output is i n ev itable.

L a w Drafting requests have increased s te a dily in recent years and unless

t h er e are more stringent controls on

t h e justification of such requests (to b e d escribed later) the evidence

s u g gests that this trend will continue.

 4 .  (a)  The current provision of staffing in th e Office is not adequate to

d ea l w  ith the law drafting

re q u e s ts (i.e. in excess of 100

p er y e ar) which are now being

re c e iv e d.

( b ) To achieve both the present and an t i ci p ated future workload it is

es t im  a ted that it would be

n ec e s s ary to double the number of A s s is ta nt Law Draftsmen.

 5 .  (a)  In recognition of the

b ac k g r ound previously mentioned,

th e P o licy and Resources Committee is o f th e opinion that attention

m u s t i nstead be focussed on

en s u r in g that the resources of the

L a w D raftsman's Office are used

m o r e e ffectively and on closer

ev a l u a tion of the need for new

le g i sl a tion. Accordingly in

ad d i t io n to the criteria which

al r e ad y exist for ranking law

d ra f ti n g requests (these were

p u b li sh ed as Appendix 8/5 to the

1 9 9 3 Strategic Policy - Review and A c ti o n Plan), a number of new

re q u i re ments have been introduced

th i s y e ar.

O n 2 1 st March I wrote to

al l C o m mittee Presidents

ex p r e s sing the very real concern

o f th e Policy and Resources

C o m m  ittee with regard to the Law D r a ft in g Programme. In that

le t te r , I informed Presidents that th e L a w Draftsman's Office was to lo s e t h e services of an

ex p e r i enced draftsman, and that it w a s l ik ely to be about six months b ef o r e the vacancy was filled. In m y le t ter I asked all Presidents

an d t h eir respective Committees fo r t h e ir co-operation in helping to a ch i eve the most effective and ef f ic i e nt utilisation of the

sc a r c e law drafting resources we p re s e n tly have.

M o r e r ecently, on 31st March,

th e C h ief Adviser to the States

is s u e d a letter to all Chief

O f fi c e rs, advising them of the

P o li c y and Resources Committee's ch a n g e d requirements in relation to th e drawing up the 1994/5 Law D r a ft in g Programme, namely that -

(i ) C o m mittees should

ri g o ro u sl y evaluate the need fo r a n y n ew or amending

le g i sl a ti o n (including

p re v i o u s requests that are in th e p ip e l ine) and to include as p a rt o f that evaluation a

co m  p l ia n ce cost assessment, cl e a rl y id entifying the costs an d b e n e fits of the proposals to th e Is l and, especially in te r m s o f its business

in t e re s t s;

(i i) D e partments should produce pr

o p er l y -researched and

co m  p r ehensive drafting

in s tr u c tions based on guidelines

p re p a r ed by the Law Draftsman.

(i ii ) D  epartments should give imme d ia t e a ttention to drafts

su b m  it ted by the draftsman and

d ea l p r omptly with requests from th e d ra ftsman for further

in s tr u c tions, failing which the

it e m m ay be deleted from the

P ro g r a mme.

T h e C  ommittee is anxious that

th e L a w Draftsman's Office should co n c e n trate on the drafting of

h ig h p riority law drafting

p ro j e c ts. It has therefore

in d i c at ed to him that his Office

sh o u l d discontinue any involvement in th e preparation of law drafting

in s tr u c tions. If necessary,

D e p a rt ments should obtain outside as s i st a nce for this purpose.

A s m  e ntioned earlier, and based

u p o n t he above considerations, the

p ro c e s s of formulating the Law

D r a ft in g Programme will be

so m  e w hat different to that

p re v i o usly adopted. Because of the

p re s e n t and anticipated shortage

o f la w   drafting resources, the

P o li c y and Resources Committee has d ec i d e d it will not consider a

w i sh list'' of law drafting

re q u e s ts. Instead, the Committee

p ro p o s es to undertake a thorough

re v i e w of the existing Programme.

A c c o rd ingly, it has asked the Law

D r a ft s man to examine the current

re q u e s ts and to give each

C o m m  ittee an indication of the

st a tu s of each such request, based

o n t h e following headings -

(1 ) W  o rk in progress

R e q u e sts on which reasonable

p ro g r e ss is being made; generally n o a c ti on required, but if major re v i si o ns are contemplated these w o u l d need to be supported by a co m  p l iance cost assessment.

(2 ) I t e ms deferred

R e q u e sts on which it has

b ee n im possible for the Law

D r a ft s man to make any progress

b ec a u s e of problems associated

w i th d rafting instructions; unless an i m m ediate and convincing case ca n b e made (including a

su p p o r tive compliance cost

a s sessment) for their restoration

to th e Programme, items under this h ea d i n g will be deferred for one

y ea r .  

(3 ) P  ro visional list

O u t st a nding requests both

in c l u d ed within and excluded from p as t P r ogrammes in respect of

w h i ch Committees, after having co n d u c ted a full review and

co m p l iance cost assessment, can co n f i rm that they will be able to

m  e et the new requirements,

p ar t ic u larly with regard to the

av a i la b ility of drafting

in s tr u c tions.

W i t h r egard to new requests

fo r i n c lusion in the recommended

p ro g r a mme, the Policy and

R e s o u rces Committee has indicated it i s n o t prepared to consider any

su c h re quest unless it conforms

fu l ly w ith the new requirements.

T h e C  ommittee will not give

c o n s id eration to requests that

si m p l y take the form of an Act of

C o m m  ittee asking for a new request to b e g ranted high priority'.

T h e r e commended law drafting

p ro g r a mme will be included in the 1 9 9 4 S trategic Policy - Review and A c ti o n Plan to be debated on 21st Ju n e , w hen States members will h av e th e opportunity to comment b o th o n the programme as a whole an d o n the relative priority of

in d i v id ual items.

5 . (b) The recruitment of additional d ra f ts m en would not only run d ir e c tl y counter to the States

p o li c y on cash limits and the

co n t a in ment of the payroll bill, b u t, s in ce there is an acute

sh o r t ag e of experienced law

d ra f ts m en, there could be no

g u ar a n tee that staff with the

re q u i re d skills would be

at t ra c t ed.

W h i l e the private sector can

so m  e ti mes provide assistance in

d ra w  in g up drafting instructions, th e b u ying in' of law drafting

ex p e r t ise from that sector on a

p ie c e m eal basis has proved to be an u n s atisfactory alternative.

H o w e v er, as I have said earlier,

C o m m  ittees can help both

th e m  se lves and the Law Draftsman b y o b t aining assistance from the

p ri v a te sector in the preparation

o f la w   drafting instructions

sh o u l d this be necessary. This has p ro v e d valuable in the past, for

ex a m p le, with the preparation of th e n ew Companies Law.''.

Trade and Industry Sub-Committee. Statement

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

  On 27th July 1993 the President of the

 F inance and Economics Committee made a  s tatement to the effect that that Committee  h ad decided to set up a Trade and Industry  S ub-Committee in the light of the views

 e xpressed in the Strategic Policy Review

 a nd Action Plan 1993 and those by the

 P resident of the Chamber of Commerce and  I ndustry (Inc.).

T he Sub-Committee consisted of four

r epresentatives of Trade and Industry and

f our Members of the States. However, since

t hat time there has been an election and

t he formation of an Audit Commission;

t herefore, I would like to notify the

S tates that the following have resigned due t o an increased workload -

T h e Deputy of St. Mary, who chaired the S u b -Committee, and who will represent

t h e Finance and Economics Committee on t h e new Audit Commission;

D ep uty J.N. Le Fondré, who is now P r e sident of the Harbours and Airport C o m mittee;

T h e Deputy of St. John, who is now P r e sident of the Island Development C o m mittee.

O n a personal note I would like to thank

a ll of those who have served with me on

t his Sub-Committee. The previous Trade and I ndustry Sub-Committee met only once in

1 986 and achieved nothing. We have got this w ell and truly off the ground and have made s ome notable progress.

I am pleased to tell the States that this

S ub-Committee will now be chaired by

S enator A.B. Chinn, an existing Member, and t he other States' Members will be the

C onnétable of Trinity , Deputy Robert

D uhamel of St. Saviour and Deputy Alan

B reckon of St. Saviour.''

Agricultural Loans and Guarantees Advisory Board: appointment of members - P.50/94

THE STATES commenced consideration of a proposition of the Agriculture and Fisheries Committee regarding the appointment of members.

On the proposition of Senator Stuart Syvret, the proposition was lodged au Greffe''.

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

THE STATES commenced consideration of a proposition of the Public Services Committee regarding the transfer of administration of Les Landes heathland area, St. Ouen to the Island Development Committee.

On the proposition of Senator Vernon Amy Tomes,

the proposition was lodged au Greffe''.

South View, La Rue du Val de la Mare, St. Peter : development in Airport Noise Zone - P.7/94

THE STATES, adopting a proposition of the Island and Development Committee, decided to support the Committee's intention to grant permission

for the conversion of an existing granite outbuilding to provide a dwelling at South View, La Rue du Val de la Mare, St. Peter, as shown on drawing No. 421/1, which is situated within an area designated as Aircraft Noise Zone 1 on the Island Map 1/87 (as amended), as an exception to the States policies regarding the development of land within that area.

Fishing Vessels (Safety Provisions) (Jersey) Regulations 1994 - P.26/94

THE STATES, by virtue and in exercise of the powers conferred upon them by the Order in Council of the fourteenth day of April 1884, made Regulations entitled Fishing Vessels (Safety Provisions) (Jersey) Regulations 1994.

Industrial Relations Committee: equal opportunities policy - P.27/94

THE STATES, having accepted an amendment of Deputy James Thomas Johns of St. Helier that the words and social' be deleted from paragraph (b) of the proposition, adopted a proposition of Senator Corrie Stein and referred to their Act dated 29th January 1991, agreeing to set up a Special Committee on Sex Discrimination, and -

( a) rescinded paragraph (2) of that Act;

( b) agreed that the Industrial Relations C o m mittee should be given policy

r e sp onsibility for the promotion of

e q u al opportunities for all persons in a l l areas of Jersey economic life.

Tremont House and Tremont Villa, La Rue à Don, Grouville : purchase - P.28/94

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

( a) authorised the Committee to negotiate

w i th Mr. Derek Charles Le Tourneur for

t h e purchase of the property known as

T r e mont House, La Rue à Don, Grouville , a s s hown on drawing No. 425/1, at a

f a ir and proper price to be agreed by

t h e Finance and Economics Committee for h o u sing development;

 ( b) authorised the Committee to negotiate

w  it h Mrs. Hazel Blanche Filleul (née Le

T o u rneur) for the purchase of the

p r o perty known as Tremont Villa, La Rue à D  on, Grouville , as shown on drawing