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States Minutes 15th March 1994

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STATES MINUTES 15t h Ma rc h 1994

T HE STATES assembled on Tuesday, 1 5th March 1994 at 9.30 a.m. under

the Presidency of the Deputy Bailiff ,

Philip Martin Bailhache , Esquire, Q.C. __ _______ ___

All Members were present with the exception of -

J ohn Pepin Le Sueur , Connétable of St. J ohn - out of the Island.

__ _______ ___

P r aye rs

__ _______ ___

Tribute to the late Mr. C.E. Challinor, former Member of the States

The Deputy Bailiff paid tribute to the late Mr. Clement Edward Challinor, a former Deputy of Grouville .

THE STATES observed one minute's silence as a mark of respect.

Connétable of St. Martin - welcome

The Deputy Bailiff , on behalf of the Members 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 . Road Traffic (Saint Helier)

( A m endment No. 23) (Jersey) Order 1994. R & O 8656.

2 . Road and Sand Racing (Jersey) O r der 1994. R & O 8657.

3 . Road Traffic ( Grouville )

( A m endment No. 10) (Jersey) Order 1984. R & O 8658

Harbours and Airport Committee - appointment of member

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

Matters presented

The following matters were presented to the States -

1 . Jersey Electricity Company

L i m ited: annual report and accounts for t he per iod 28th September 1992 to 3rd

O c t ober 1993

P r es ented by the Finance and Economics C om mittee.

2 . Administrative Decisions

( R evi ew) (Jersey) Law 1982: report of

t he pane l of members for the period 1st

J anu ary to 31st December 1993 -

R .C .7/94

P r es ented by the Special Committee to

cons ider the relationship between

C om mittees and the States. THE STATES or de red that the said report be printed

and d istributed.

3 . Agricultural loans: report for

1993 - R.C.8/94

P r es ented by the Agriculture and

F i sher ies Committee. THE STATES ordered t ha t the said report be printed and

di st ributed.

4 . H.M. Inspectorate of

C ons tabulary: States of Jersey Police 1993: report

P r es ented by the Defence Committee.

P resented on 1st March 1994 -

1 . Manpower report for the period

1s t J uly to 31st December 1993 -

R .C .4/94 (revised)

P r es ented by the Establishment

C om mittee. THE STATES ordered that the s ai d r eport be printed and distributed.

2 . Public lotteries: report for 1993 - R.C.5/94

P r es ented by the Gambling Control

C om mittee. THE STATES ordered that the s ai d r eport be printed and distributed.

P resented on 8th March 1994 -

S ex D iscrimination: report of

S peci al Committee - R.C.6/94

P r es ented by Senator Corrie Stein, on beha lf of the former Special Committee on S ex Discrimination. THE STATES or de red that the said reports be

pr int ed and distributed.

Matters noted - land transactions

THE STATES noted Acts of the Finance and Economics Committee dated 21st February and 7th March 1994, showing that in pursuance of Standing Orders relating to certain transactions

in land, the Committee had approved -

( a) as recommended by the Defence

C om mittee, the lease to the

under mentioned of their respective exi s ting ranges at Crabbé, St. Mary , f or a period of nine years, from 25th D e cem ber 1990, and subject to rent r ev iews every three years in each

cas e -

( i) the Jersey Pistol Club, at an an nual rent of £100;

( ii ) t he Jersey Outdoor Smallbore Rifle C lu b, at an annual rent of £100;

( ii i) t he Jersey Muzzle Loaders and A nt ique Firearms Association, at an annua l rent of £100;

( b) as recommended by the Defence

C om mittee, the renewal of the lease to Mr . Ma urice Louis Kergozou de la

B oi ssiere of an area of land, measuring

14.8.0  vergées, adjacent to Crabbé

F ar m, St. Mary , for a period of nine

year s, from 25th December 1990, at an annua l rent of £710 (representing £50 a ver gée), with rent reviews every three

year s;

( c) as recommended by the Defence

C om mittee, the lease to Major Bernard R al ph Baldwin RE of Crabbé Farm, St. Mar y, for a period of nine years, from 1s t O ctober 1990, at an annual rent of

£ 5,500 less a deduction of £1,000 in

or de r to take account of the duties to be pe rformed by him as Range Ward en and S af ety Officer, with rent reviews every

t hr ee years;

( d) as recommended by the Public

H e al th Committee, the lease from Macpor D e vel opment Company Limited of Flat 2, 29 M idvale Road, St. Helier , for a

per iod of one year from 25th March

1994, a t an annual rent of £5,980

paya ble quarterly in advance, plus an

addi tional sum of of £35.36 a quarter

t o a ccount for water rates;

( e) as recommended by the Public

S er vices Committee, the renewal of the l eas e to L'Etacq Engineering Limited of an a rea of land at L'Etacq car park,

S t . O uen, as shown on Plan PSL001, for a pe riod of three years from 1st

J anu ary 1994, at an annual rent of

£ 210, subject to annual review;

( f) as recommended by the Public

S er vices Committee, the renewal of the l eas e to Mr. Arthur Le Pennec of Field N o . 871, S t. Ouen, for a period of

t hr ee years from 1st January 1994, at

an a nnual rent of £48, subject to

annua l review;

( g) as recommended by the Public

S er vices Committee, the acquisition

f rom Mrs. Joan Marie Bisson, née

C out anche, of 4,682 square feet of land at Mea dowbank, La Rue des Pres

S or soleil, St. Lawrence , free of

char ge, with the Committee being

r es pons ible for all legal costs

i nv olved in the transaction and the

cos t of all accommodation works;

( h) as recommended by the the

I sl and Development Committee, the

acqu isition from Mr. Philip John Rondel and M aureen Anne Le Boutillier,

f or m erly wife of Mr. P.J. Rondel

S eni or, of Field No. 536, Les Creux,

S t . B relade, for a sum of £13,500

( repr esenting £5,000 a vergée), plus

r ea s onable fees, subject to the public

r ec ei ving vacant possession on or

bef ore 31st May 1994;

( i) as recommended by the Island

D e vel opment Committee, the lease to Mr. P hi lip John Rondel, of Field No. 471B,

C or biere, St. Brelade (measuring

appr oximately three vergées), for a

per iod of five years with an option to

r en ew, at an annual rent of £180

( repr esenting a rate of £60 a vergée), i nc l uding the right to irrigate the

f iel d from the nearby pond;

( j) as recommended by the Island

D e vel opment Committee, the lease to Mr. P hi lip John Rondel, of Field Nos. 93

and 9 4, Les Quennevais, St. Brelade

( m eas uring approximately seven

ver gées), for a period of five years

w i t h an option to renew, at an annual

r en t of £420 (representing a rate of

£ 60 a vergée), subject to a rent review

at t he end of the third year;

( k) as recommended by the Island

D e vel opment Committee, the sale to Mr. J am es Osmund Simon of Fields Nos. 270, 272 a nd 273, St. Peter (measuring

appr oximately 3.10.22, 1.1.4 and

1.14.10  vergées respectively), subject t o e xisting tenancies, the fields being

r es t ricted to agricultural or

hor ticultural use only, and no

bui ldings whatsoever to be constructed

t he reon, for a consideration of

£ 11,50 0, and the cession free of charge

t o t he public of Fields Nos. 277A and

278, S t. Brelade (together measuring

appr oximately 1.6.17 vergées), with

eac h party being responsible for their

ow n l egal costs involved in the

t rans action;

( l) as recommended by the Committee for P os tal Administration, the renewal of

t he l  ease to the Citizens Advice Bureau of 9 42 square feet of office

acc ommodation above the Broad Street P os t Office for a period of one year

f rom 1st January 1994, at an annual

r en t of £11,775 (representing a rate of

£ 12.50 a square foot) which included an

el em ent towards the maintenance of the com munal areas;

( m) as recommended by the Housing

C om mittee, the acquisition from Messrs. G e or ge Francis Vautier, Leslie Charles

V a ut ier, Harold Le Sueur Vautier, Colin Wi l fred Vautier, Gerald Cabot Vautier, B er nard Thomas Vautier, Basil Edward V a ut ier, David John Vautier and Lucille Mar y Vautier, wife of Edwin John

C out anche, Edna Ruth Vautier, wife of

R onal d Hubert Gibaut and Elizabeth

E s t her Vautier, wife of Clarence Peter

D e f fains of the properties Rose Cottage and L ily Cottage, Valley Road, St.

H e l ier, required for housing purposes, f or t he sum of £90,000 with each party bei ng r esponsible for its own fees;

( n) as recommended by the Housing

C om mittee, the grant to the Jersey

E l e ctricity Company Limited of a

w a yl eave across Le Clos de l'Eglise, G r ouvi lle, free of charge, with each par ty being responsible for its own

l egal costs associated with the

t rans action;

( o) as recommended by the Harbours and A i r port Committee, the lease to the

N o . 7 O verseas (Jersey) Squadron Air

T r ai ning Corps of approximately

1.20.0  vergées of land at Field No. 46,

Mont à la Brune, St. Brelade , being the s it e o f the Squadron's new Headquarters bui lding, for a period of nine years

f rom 1st January 1994, at an annual

r en t of £200, being the same rent as

f or t he old Headquarters;

( p) as recommended by the Harbours and

A i r port Committee, the extension of the l eas e to Lynx Express Delivery Network of F reight Bays Nos. 7 and 8 (Airport

L et tings Nos. B117 and B118), for a

per iod of three years from 1st January

1994, a t an initial rent of £12,014,

r ep resenting a rate of £4.17 a square

f oot , to be reviewed annually on 1st

J anu ary;

( q) as recommended by the Harbours and A i r port Committee -

( i) the termination of the lease to

Je r s e y E uropean Airways of 171 sq uar e feet of office

ac com modation in the Airport

T er m ina l Building (Letting

N o. B 201 ) with effect from 1st

F eb ruar y 1994; and

( ii ) t  he lease to Securicor Jersey

L im it e d of 171 square feet of

of f ice a ccommodation in the

A i rpor t Terminal Building (Letting N o. B 201 ), for a period of three

ye ar s one m onth and three weeks

fr om 1s t February 1994, at an

an nual rent of £2,052

(r epr es enting a rate of £12.00 a

sq uar e foot) to be reviewed

an nual ly on 1st February, on the

ba s i s t hat the lease would run

co ncur rently with the Securicor

S ec ur i ty Search contract at the

A i rpor t which would terminate on 20t h M arch 1997, and on condition that t he premises were used only in conn exion with Airport security ac t ivi t ies for administration,

tr ai ni ng and lost and found

pr oper ty functions. In the event that t he Airport Security Search

co nt r act terminated before the

co nt r act ed date, the

ab ovem entioned lease would

ter m i nat e on that date;

( r) as recommended by the Harbours and A i r port Committee, the extension of the l eas e to G.P. Express (C.I.) Limited of

t he unde rmentioned areas of office

acc ommodation in the Airport Terminal B ui lding, namely an area of 270 square f ee t (Letting No. B133) at an annual

r en t of £1,938.60 (representing a rate

of £ 7.18 a square foot) and an area of

265.5 s quare feet (Letting No. B134) at an a nnual rent of £1,838.08

( repr esenting a rate of £7.18 a square

f oot ), for a period of three years from

1s t J anuary 1994, at an initial total

annua l rent of £3,776.68, to be revised annua lly on 1st January;

( s) as recommended by the Harbours and

A i r port Committee, the lease to the

J er s ey Electricity Company Limited of

t he L es Quennevais Electricity Sub-

S t a tion for a period of 21 years from

t he dat e of passing of the relevant

cont ract, at an annual rent of £5, on

t he bas is that the total rent would be

pai d i n advance at the commencement of t he l ease, together with the grant,

f ree of charge, of the necessary

w a yl eave;

( t) as recommended by the Harbours and A i r port Committee, the lease to the

I sl and Wine Company of the bunker on t he A lbert Pier (Letting No. A26), for

a pe riod of three years from 1st

F ebr uary 1994, at an annual rent of

£ 2,430 .44, based on an area of 732

s qua re feet at a rate of £3.32 a square

f oot , subject to annual review and

paya ble quarterly in advance;

( u) as recommended by the Public

S er vices Committee, the grant to the

J er s ey Electricity Company Limited of a cont ract wayleave across La Collette

r ec l amation site, St. Helier , as

out lined on Plan PSJ.11, with the

r ight s and duties conterminous with the l eas e by the public to the company of

t he s ite at La Collette free of charge and s ubject to safeguards as agreed

w i t h the company;

( v) as recommended by the Housing

C om mittee, the grant of wayleave and

s al e of land to the Jersey Electricity

C om pany Limited in connexion with the s uppl y of electricity and the

es tabl ishment of a substation and

s w i tch point site to the new States

L oan d evelopment at Field No. 1367,

know n as Clos du Mon Sejour, Mont au P r êt re, St. Helier , the contract to

i nc l ude the sale of a small site for a

m ini distribution pillar near to Plot

N o . 11B , as indicated on Drawing

N o . 2909/ 33B, for a consideration of

£ 500 w ith each party being responsible

f or i ts own legal fees.

Matters lodged

The following subjects were lodged au Greffe'' -

1 . Tremont House and Tremont Villa, L a R ue à Don, Grouville : purchase - P .28/ 94.

P r es ented by the Island

D e vel opment Committee.

2 . Golf course, Les Mielles -

P eac ock Farm, St. Peter : sale of l and - P.29/94.

P r es ented by the Island

D e vel opment Committee.

3 . Abortion Law reform - P.30/94. P r es ented by the Public Health

C om mittee.

4 . Projet de Loi (1994) (Amendement N o . 3 ) sur le Collège Victoria -

P .31/ 94.

P r es ented by the Comité

d' E ducation.

5 . Draft Health and Safety at Work

( F rei ght Containers Safety Convention) ( Je r sey) Regulations 199 - P.32/94.

P r es ented by the Social Security

C om mittee.

6 . Draft Licensing (No. 8) (Jersey) R egul ations 199 - P.33/94. P r es ented by the Tourism C om mittee.

7 . Rent Control Tribunal:

appoi ntment of members - P.34/94. P r es ented by the Housing

C om mittee.

8 . Draft Parish Rate

( A dm inistration) (Amendment No. 6) ( Je r sey) Law 199 - P.35/94.

P r es ented by the Legislation

C om mittee.

9 . House Committee: principal f unc tions - P.36/94.

P r es ented by the House

C om mittee.

L odged on 1st March 1994 -

1 . Les Viviers de Ste. Catherine:

l eas e to Kingdom of the Sea (Jersey) L i m ited - P.23/94.

P r es ented by the Harbours and

A i r port Committee.

2 . Draft Drug Trafficking Offences

( D es ignated Countries and Territories)

( A m endment No. 4) (Jersey) Regulations 199 - P.24/94.

P r es ented by the Finance and

E conom ics Committee.

3 . Student grants in higher

educ ation - P.25/94.

P r es ented by the Education C om mittee.

L odged on 8th March 1994 -

1 . Draft Fishing Vessels (Safety

P r ovi sions) (Jersey) Regulations 199 - P .26/ 94.

P r es ented by the Harbours and

A i r port Committee.

2 . Industrial Relations Committee:

equa l opportunities policy - P.27/94. P r es ented by Senator C. Stein.

Arrangement of public business for the present meeting

THE STATES agreed to the request of the President of the Harbours and Airport Committee that consideration of the proposition regarding

the lease of Les Viviers de Ste. Catherine (P.23/94 - lodged au Greffe'' on 1st March 1994) be deferred from the present meeting to a later date.

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

J ersey Consumer Council: appointment - P .17/94.

L odged: 15th February 1994.

P olicy and Resources Committee.

,F reedom of information: appointment

o f Special Committee - P.20/94.

L odged: 15th February 1994.

P olicy and Resources Committee.

D raft Drug Trafficking

O ffences (Designated Countries and

T erritories) (Amendment No. 4) (Jersey) R egulations 199 - P.24/94.

L odged: 1st March 1994.

F inance and Economics Committee.

S tudent grants in higher education - P .25/94.

L odged: 1st March 1994.

E ducation Committee.

Arrangement of public business for the next meeting on 12th April 1994

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

next meeting on 12th April 1994 -

S outh View, La Rue de Val de la Mare, St. P eter: development in Airport Noise Zone - P .7/94.

L odged: 18th January 1994

I sland Development 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 Fishing Vessels

( Safety Provisions) (Jersey) Regulations 1 99 - P.26/94.

L odged: 8th March 1994.

H arbours and Airport Committee.

I ndustrial Relations Committee: equal

o pportunities policy - P.27/94. L odged: 8th March 1994. S enator C. Stein.

T remont House and Tremont Villa, La

R ue à Don, Grouville : purchase - P.28/94. L odged: 15th March 1994.

I sland Development Committee.

G olf course, Les Mielles - Peacock

F arm, St. Peter : sale of land - P.29/94. L odged: 15th March 1994.

I sland Development Committee.

P rojet de Loi (1994)

( Amendement No. 3) sur le Collège V ictoria - P.31/94.

L odged: 15th March 1994.

C omité d'Education.

D raft Health and Safety at

W ork (Freight Containers Safety Convention) ( Jersey) Regulations 199 - P.32/94.

L odged: 15th March 1994.

S ocial Security Committee.

D raft Licensing (No. 8)

( Jersey) Regulations 199 - P.33/94. L odged: 15th March 1994.

T ourism Committee.

R ent Control Tribunal: appointment

o f members - P.34/94.

L odged: 15th March 1994.

H ousing Committee.

D raft Parish Rate (Administration) ( Amendment No. 6) (Jersey) Law 1 99 - P.35/94.

L odged: 15th March 1994.

L egislation Committee.

H ouse Committee: principal f unctions - P.36/94.

L odged: 15th March 1994. H ouse Committee.

Detention, treatment and questioning of persons by police officers - questions and answers (Tape No. 225)

Deputy Gary Matthews of St. Brelade asked the Attorney General the following questions -

1. Wi ll the Attorney General inform

the S tat es what rules exist in

Je r s e y w ith regard to the

de t en ti on, treatment and

que s t ioni ng of persons by police

of f icer s?

2 . If such rules exist -

( a ) who proposed the rules?

( b ) by whom and under what authority w er e t he r ules issued?

( c ) is the observance of the rules by the pol ice voluntary or

co m pu lsory?

( d ) what rights do the persons

de t ai ned or questioned have under the r ul es?

( e ) are there any requirements for

br i ng ing t he rules to the

at t ent i on of persons who are being de t ai ned or questioned?''.

The Attorney General replied as follows -

1. T he position with regard to the

de t en ti on, treatment and

que s tioning of persons by police

of f icer s is regulated partly by

st at ut e , partly by case law and

pa r t ly by Code C of the States of

Je r s e y P olice. Code C is a code of pr act ic e for the detention,

tr ea tm ent and questioning of

pe r s on s by police officers. It is

ba s ed o n Code C of the Police and C r im ina l Evidence Act 1984 of the U ni ted Kingdom.

D e t ention

N o person can be detained by the police w i t hout being arrested [Melia v.

A t t orney General 1989 JLR, N-9].

U n der Article 14 of the Loi (1864)

r èg lant la procédure criminelle, every per son who is arrested upon suspicion

of h aving committed a crime or

m is demeanour must be presented as soon as p ossible before the Police Court.

O n ce a person has been presented before t he P olice Court, any further detention

i n c ustody is at the Prison, and is

r eg ulated by the Prison (Jersey) Rules 1957.

T r ea tment

T r ea tment of persons who are in custody dur ing the period between the time when t he y ar e arrested and the time when

t he y ar e presented before the Police

C our t is regulated by Code C.

Q u es tioning

T he qu estioning of persons by the

pol ice is regulated by the Judges'

R ul es. The Judges' Rules originated in

t he U nited Kingdom. Their purpose was t o g ive guidance to police officers in ques tioning suspects. They did not have t he f orce of law, but a failure to

obs erve the Rules could render any

evi denc e obtained inadmissible in a

s ubs equent prosecution.

T he R oyal Court has many times held, and i t is now settled law, that

ques tioning of persons by police

of fi cers in Jersey is regulated by the

J udge s' Rules, and that a failure to obs erve the Rules has the same result i n J ersey as it had in the United

K i ngdo m, that is, it renders any

evi denc e potentially inadmissible.

I n t he United Kingdom, the Judges'

R ul es have been replaced by the

pr ov isions of the Police and Criminal E vi dence Act 1984. There is no

equi valent Act in Jersey, and

ques tioning is therefore still

r eg ulated by the Judges' Rules. It is

t he J udges' Rules which impose the obl igation to caution a suspect that he i s not obliged to say anything but what he do es say may be used in evidence agai nst him.

T he J udges' Rules have been

i nc or porated into Code C at Section 10 and A nnexe D.

2 . (a) The Judges' Rules have been

ad opt e d by decisions of the Royal C our t. C ode C was proposed and im pl em ented by police

ad m i ni stration, that is, the

D ef ence Committee and senior

of f icer s.

( b ) Code C was issued by police

ad m i ni stration in pursuance of the dut i e s co nferred upon the

C om m ittee and the Chief Officer w i th r el ation to the

ad m i ni stration and organisation of the f or ce by the Police Force

(J er sey ) Law 1974.

( c ) The issue of Code C was a

vol unt ary act on the part of the

pol i c e ad ministration. The Code

doe s , how ever, contain some

pr ovi s ions the observance of which is a l ega l requirement, for

ex am pl e, observance of the Judges' R ul es .

( d ) It is not possible to give more

than a s ummary of the rights

co nf er red by Code C, which is a 50 pa ge boo klet. In outline, those

ri ght s a re as follows -

A per s on who is detained is en t i tl ed t o have a person of his ch oi c e i nformed of his arrest.

H e i s en titled to be supplied on reques t with writing materials. A ny l et ter or other message shall be s ent as soon as practicable.

H e i s en titled to speak on the

tel ephone for a reasonable time to one per son.

H e i s en titled to consult and

co m m unicate privately with a legal ad vi s er .

If he as ks for legal advice, he

m ay no t be interviewed or continue to be i nterviewed until he has

recei ved it, save in specified

ci r c um stances.

A det ai ned person may retain

cl ot hi ng and personal effects

unl es s the custody officer

co ns i der s that he may use them to ca us e har m to himself or others, int e rf er e with evidence, damage pr oper ty or effect an escape.

S ec t i on 8 o f the Code sets out co ndi t ions of detention which rel a te t o the condition of cells, ac ces s to toilet and washing faci l i ti es, provision of

ref res h ment etcetera.

D et ai ned pe rsons are entitled to m edi cal treatment if needed.

T he C o de sets out special pr ovi s ions in relation to juveni les, those who are mentally il l or m entally handicapped, and thos e w ho have difficulty in

und er s tanding English.

( e ) Yes. When a person is detained, he is i nf or med of his right to have

so m e one i nformed of his arrest,

hi s r i ght to consult privately

w i th a legal adviser, his right to

co ns ul t Code C and any other Code of P ra ct ice currently in force. He

is al s o g iven a written notice

se t ti ng out those rights. [Section

3.1 and 3.2 of Code C].''

Broadway Restaurant, 24 Esplanade/42 Commercial Street, St. Helier

THE STATES, adopting a proposition of the Public Services Committee, approved the transfer of administration from the Public Services

Committee to the Island Development Committee of the property, Broadway Restaurant, 24 Esplanade/42 Commercial Street, St. Helier .

Haut de la Garenne, St. Martin

THE STATES, adopting a proposition of the Public Services Committee, approved the transfer of administration from the Public Services

Committee to the Island Development Committee of the property Haut de la Garenne, St. Martin .

La Collette, St. Helier : administration of land and services

THE STATES, adopting a proposition of the Island Development Committee, approved the transfer of administration of roads, verges, foul and

surface water drains, public car park and open spaces at La Collette, St. Helier , from the

Island Development Committee to the Public Services Committee.

Trilateral agreement on social security between the United Kingdom and the Isle of Man, Jersey and Guernsey

THE STATES, adopting a proposition of the Social Security Committee, requested the Bailiff to inform the Secretary of State for Social

Security, the Department of Health and Social Services for Northern Ireland, the Isle of Man Department of Health and Social Security and the Guernsey Social Security Authority that it was the wish of the States that the trilateral

Agreement on Social Security between the United Kingdom and the Isle of Man, Jersey and Guernsey should apply to Jersey.

Land at St. Brelade and St. Peter : transfer of administration

THE STATES, adopting a proposition of the Public Services Committee -

( a) approved the transfer of administration f rom the Public Services Committee to t he H arbours and Airport Committee of one v ergée five perch of land to the

nor th of the junction with La Route des Q u enne vais and Le Pont du Val, St.

B r el ade, shown as area A' on Plan No. P S C 005;

( b) approved the transfer of administration

f rom the Harbours and Airport Committee t o t he Public Services Committee of two

ver gées 14 perch of land in Field 298A,

S t . P eter, shown as area D' on Plan

N o . P SC005.

Highways (Road Humps) (Jersey) Regulations 1994 - P.18/94

THE STATES, in pursuance of Article 3 of the Highways (Jersey) Law 1956, as amended, made Regulations entitled the Highways (Road Humps) (Jersey) Regulations 1994.

Draft Health Care (Registration) (Jersey) Law 199 - P.19/94

THE STATES commenced consideration of the draft Health Care (Registration) (Jersey) Law 199

and adopted the Preamble, Articles 1 and 2 and

the Schedule.

After discussion of Article 3, the Bill was referred back to the Public Health Committee for re-consideration.

Telecommunications services - tariffs - P.21/94

THE STATES, adopting a proposition of the Telecommunications Board, supported the Board's re-alignment of tariffs for telecommunications services as outlined in tables 1-4 of the

Board's report dated 9th February 1994.

Members present voted as follows -

P our '' (40) Senators

J eune, Horsfall, Rothwell, Le Main, Quérée, C hinn, Bailhache , Syvret, Tomes.

Connétable s

S t. Clement, St. Lawrence , St. Ouen , St. B relade, Grouville , St. Helier , St.

S aviour, St. Martin .

Deputies

R umboll(H), Norman(C), St. John , St. Peter , H . Baudains(C), Le Sueur (H), St. Ouen ,

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

F ondré(L), Walker (H), Crespel(H),

P ullin(S), Trinity , Carter(H), Johns(H),

D uhamel(S), Routier(H), Dorey(H),

L ayzell(B), Grouville , St. Martin .

C ont re'' (9) Senators

S henton, Stein. Connétable

S t. Mary. Deputies

W avell(S), S.Baudains(H), Le Geyt(S), M atthews(B), Breckon(S), Huet(H).

Audit commission: appointment - P.13/94

THE STATES, adopting a proposition of the Finance and Economics Committee -

( a) appointed an Audit Commission, with t er m s of reference as detailed in the

A p pendi x to the report of the Finance and E conomics Committee dated 24th J anu ary 1994;

( b) appointed Jurat Peter Gilroy Blampied, O . B .E., as chairman of the Audit

C om mission for a period of three years;

( c) requested the Finance and Economics C om mittee to appoint the six

i nd ependent members of the Audit

C om mission; and

( d) requested all Committees of the States t o p rovide the fullest co-operation and s uppo rt to the Audit Commission.

Members present voted on paragraph (b) as follows -

P our '' (48) Senators

S henton, Jeune , Horsfall, Rothwell,

S tein, Quérée, Chinn, Bailhache , Syvret.

Connétable s

S t. Clement, St. Lawrence , St. Mary , St. O uen, St. Brelade , St. Peter , Grouville , S t. Helier, St. Saviour , Trinity , St.

M artin.

Deputies

R umboll(H), Wavell(S), Norman(C), St. John , S t. Peter, H.Baudains(C), Le Sueur (H), St.

O uen, Coutanche(L), Huelin(B), St. Mary ,

S .Baudains(H), Le Fondré(L), Le Geyt(S),

W alker(H), Crespel(H), Pullin(S), Trinity ,

C arter(H), Duhamel(S), Matthews(B),

R outier(H), Dorey(H), Layzell(B),

B reckon(S), Grouville , Huet(H), St. Martin .

C ont re'' (1) Deputy

J ohns(H).

Senator Vernon Amy Tomes abstained from voting.

Jersey Consumer Council: appointment - P.17/94

THE STATES rejected a proposition of the Policy and Resources Committee that the Committee be authorized to appoint a Jersey Consumer Council with the aims and functions and membership proposed in the report of the Committee dated 25th January 1994.

Members present voted as follows -

P our '' (22) Senators

J eune, Horsfall, Rothwell, Stein, Quérée, C hinn.

Connétable s

S t. Lawrence, St. Mary , St. Helier .

Deputies

W avell(S), St. John , St. Peter ,

H .Baudains(C), Le Sueur (H), St. Ouen , St. M ary, Le Fondré(L), Crespel(H), Trinity , C arter(H), Routier(H), Layzell(B).

C ont re'' (25) Senators

B ailhache, Syvret, Tomes. Connétable s

S t. Clement, St. Ouen , St. Brelade , St. P eter, Grouville , St. Saviour , Trinity , St. M artin.

Deputies

N orman(C), Coutanche(L), Huelin(B), S .Baudains(H), Le Geyt(S), Pullin(S), J ohns(H), Duhamel(S),

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

Freedom of information: appointment of Special Committee - P.20/94

THE STATES, adopting a proposition of the Policy and Resources Committee, appointed a Special Committee to investigate the issues involved in establishing, by law, a general right of access

to official information for members of the

public, having regard to the practice and experience of other countries and the particular circumstances of the Island, and to report back

to the States with recommendations.

Special Committee on freedom of information: appointment of President.

THE STATES, on the proposition of Senator Reginald Robert Jeune , appointed Senator Stuart Syvret as President of the Special Committee on freedom of information.

Drug Trafficking Offences (Designated Countries and Territories) (Amendment No. 4) (Jersey) Regulations 1994 - P.24/94

THE STATES, in pursuance of Article 18 of the Drug Trafficking Offences (Jersey) Law

1988 made Regulations entitled the Drug Trafficking Offences (Designated Countries and Territories) (Amendment No. 4) (Jersey)

Regulations 1994.

Student grants in higher education - P.25/94

THE STATES, adopting a proposition of the Education Committee -

( a) approved the scale of parental

cont ributions towards student grants

and f ees from 1st September 1994 as set out in Appendix A to the report dated

23r d February 1994 of the Education

C om mittee;

( b) approved the scale of parental

cont ributions towards student grants

and f ees from 1st September 1995 as set out in Appendix A to the report;

( c) approved maintenance grants, and other al l ow ances, being increased from 1st

S ept ember 1994 and each subsequent year i n a ccordance with the United Kingdom

R et ail Price s Index.

THE STATES rose at 4.20 p.m.

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