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STATES MINUTES 1 8 t h J a n uary 1994 P ri c e : £ 1 . 0 0
T HE STATES assembled on Tuesday, 18th January 1994 at 10.15 a.m. under t h e Presidency of the Bailiff ,
S i r P eter Crill, C.B.E.
_ _ _ _ _ _ ______
His Excellency the Lieutenant Governor, Air Marshal Sir John Sutton, K.C.B.,
w a s p r e sent.
_ _ _ _ _ _ ______
All Members were present with the exception of -
S enator Richard Joseph Shenton - out of the I sland.
_ _ _ _ _ _ ______
P r a y e rs
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Subordinate legislation tabled
The following enactment was laid before the States, namely -
A dvocates (Examinations) (Amendment) ( Jersey) Rules 1993. R & O 8639.
Committee of Inquiry into circumstances leading to the release from contract of former Chief Executive Officer of Sport, Leisure and Recreation Department: appointment of members.
THE STATES, on the proposition of Deputy Robin Ernest Richard Rumboll of St. Helier , President
of the Committee of Inquiry into circumstances leading to the release from contract of the
former Chief Executive Officer of Sport, Leisure and Recreation Department, appointed the following as members of the Committee -
J ohn Pepin Le Sueur, Connétable of St. John T erence Augustine Le Sueur, Deputy of St. H elier
E velyn Mabel Pullin, Deputy of St. Saviour F rederick John Hill, B.E.M., Deputy of St. M artin.
Matters noted - land transactions
THE STATES noted an Act of the Finance and Economics Committee dated 11th January 1994, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Sport, Leisure
a n d Recreation Committee, the lease to
S a n chez Holdings of the Fort Regent
S w imming Pool catering concession for a p e r iod of two years, commencing 1st
J a n uary 1993, at an annual rent of
£1 4 ,095, subject to a period of notice
o f s ix months from the date of
t e rm ination of the agreement, with any
w o rks required to maintain the premises i n i ts current or an improved condition
t o b e subject to negotiation as to the
r e sp onsibility for their funding;
( b) as recommended by the Harbours and
A ir port Committee, the amended rent for
o f fi ce accommodation leased to Aviation
B e a uport in the Airport Terminal
f o ll owing the reduction of the area
i n v olved by 116 square feet to
1 , 0 05 square feet, as follows -
( i) Year 1 - from £11,210.00 to
£1 0 ,050.00
( ii ) Year 2 - from £13,205.38 to
£1 1 ,8 3 8.90
( ii i) Year 3 - from £15,200.76 to
£1 3 ,6 2 7.80;
( c) as recommended by the Harbours and
A ir port Committee, the lease to British M id land Airways of 593 square feet of
t ic k et desk and office accommodation at J e rs ey Airport (Lettings Nos. B10 and
B 1 0 A), from 1st October 1993 to 31st
M a rch 1995, at an annual rent of
£4 , 390.24;
( d) as recommended by the Harbours and
A ir port Committee, the renewal of the
l e as e to St. Helier Port Services, of
2 4 1 square feet of office accommodation
o n the New North Quay (Letting
N o . N.17) for a period of three years
c o m mencing 1st October 1993, at a
r e n tal of £2,731.60, subject to annual
r e v iew;
( e) as recommended by the Harbours and A ir port Committee, the transfer of the l e as e from P.J.N. Fishing Tackle to
M r s. Deanna Catherine Burton, née
B a r ker, in respect of 158 square feet
o f t he premises known as The Alcove,
S t . Catherine's Breakwater, for the
p e r iod from 1st October 1993 to 12th A p ril 1995, at a rental of £920.80,
s u b ject to annual review;
( f) as recommended by the Harbours and A ir port Committee, the renewal of the l e as e to Channel Island Handling
L i m ited of 529 square feet of offices
a t t he Albert Pier (Lettings A11-A19)
f o r a further period of three years,
c o m mencing 1st November 1993, at an a n n ual rent of £4,338.04, subject to
a n n ual review;
( g) as recommended by the Harbours and A ir port Committee, the renewal of the l e as e to Mr. Gary Smith of 100 square f e et of premises at the Elizabeth
T e r minal kiosk (Letting E13), for a
f u rt her period of nine years,
c o m mencing 1st January 1994, at an
a n n ual rent of £1,260, subject to
a n n ual review;
( h) as recommended by the Public S e r vices Committee -
( i) the acquisition from Mr. Paul
A n t h o ny Grieve and Mrs. Maiza
M a n s f ield Grieve, née Vincente, of 1 4 0 s q uare feet of land at the
p ro p e r ty Ker-Maria, La Route
O r a n g e, St. Brelade, free of
ch a r g e , with the Committee being re s p o n sible for all reasonable
le g a l f ees involved in the
tr a n sa c tion and the cost of the
ac c o m modation works involved;
( ii ) the passing of a Contrat de B o r n em ent between the public of th e Is l and and Mr. Paul Anthony G r ie v e and Mrs. Maiza Mansfield G r ie v e , née Vincente, to clarify th e so u thern boundary of the
p ro p e r ty Ker-Maria, La Route
O r a n g e, St. Brelade, and an
A g r e em ent regarding certain
d ra i n a ge service rights in
co n n e x ion with the public sewer l a i d at the rear of the property,
w i th e ach party being responsible fo r i t s own legal costs;
( i) as recommended by the Public
S e r vices Committee, the passing of a
C o n trat de Bornement between the public
o f t he Island and Mr. Deryk Anthony
H ai thwaite and Mrs. Diana Margaret
H ai thwaite, née Eastwick, to clarify
t h e eastern boundary between Mont
O rg ueil Castle and the property Le
Q u atorze, 14 Gorey Pier, St. Martin ,
w it h Mr. and Mrs. Haithwaite being
r e sp onsible for all legal fees involved
i n t he transaction;
( j) as recommended by the Public
S e r vices Committee, the sale of 2,070
s q u are feet of land at the junction of
B a t h Street and Phillips Street, St.
H el ier, as outlined in Plan No. PS.325, t o t he Parish of St. Helier , for a
n o m inal consideration of £10, with each s id e being responsible for its legal
c o sts involved in the transaction;
( k) as recommended by the Public
S e r vices Committee, the extension of
t h e lease to the Jersey Sea Cadet Corps
o f t he German bunker at St. Aubin's
F o r t until 30th November 2000 at an
a n n ual rent of five pence;
( l) as recommended by the Public
S e r vices Committee, the renewal of the l e as e to Mr. Anthony George Benest of t h e stonemason's yard, Mont Mado, St. J o h n, for a period of three years from
1 s t November 1993, at an annual rent of
£5 0 0, payable in advance and subject to
a n n ual reviews;
( m) as recommended by the Harbours and A ir port Committee, the renewal of the l e as e to Mr. Graham Philip Holley, of
a n a rea of land measuring three vergées 1 0 perch at Field No. 270, Mont à la
B r u ne, St. Peter (Letting No. 68) for a p e r iod of one year commencing 1st
J a n uary 1994, at an annual rent of
£185;
( n) as recommended by the Public
S e r vices Committee, the lease to Mr.
J u s tin Richard Lloyd-Jones, of a site
m ea suring approximately 4,200 square f e et on which his timber bungalow
R a madi'', was erected, adjacent to
t h e Beaumont pumping station, St.
P e t er, for a period of three years from 1 s t January 1993, at an annual rent of
£6 8 3.80 paid half-yearly in advance on
1 s t January and 1st July each year;
( o) as recommended by the Island
D ev elopment Committee, the lease from t h e National Trust for Jersey of the
N o rth Barrack Room, Grève de Lecq, St. O u en, for a term of nine years,
c o m mencing 13th August 1993, at an
a n n ual rent of £400, payable annually
i n a dvance.
Matters noted - financial transactions
THE STATES noted Acts of the Finance and Economics Committee dated 17th December 1993 and 11th January 1994, showing that in pursuance of
Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that -
( a) the Housing Committee had accepted the l o w est of five tenders, namely that
s u b mitted by A.C. Mauger and Son
( S u nwin) Limited in the sum of
£3 , 269,325 in a contract period of 72
w ee ks, for the development of 40
d w ellings on the Gas Works E' site,
S t . Helier, which site had been
a c q uired over a number of years for a
t o ta l cost of approximately £600,000.
T h i s cost includes the purchase of
W e sley Lodge, which is to be
r e fu rbished in due course to provide a
f u rt her two units of accommodation, and f o r which tenders will be invited
s e p arately;
( b) the Education Committee had accepted t h e lowest of nine tenders, namely that s u b mitted by J.F. Marett and Son, in
t h e sum of £1,325,960, in a contract
p e r iod of 78 weeks, for the extension
o f L es Landes School, St. Ouen.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Health Insurance
( A m endment No. 8) (Jersey) Law 199 . P . 5 /94.
P r e sented by the Social Security
C o m mittee.
2 . Les Sillettes, La Ruelle
V au cluse, St. Helier: development of h o s pice in Green Zone. P.6/94.
P r e sented by the Island
D ev elopment Committee.
3 . South View, La Rue de Val de la
M a re, St. Peter : development in Airport S a f ety Zone. P.7/94.
P r e sented by the Island
D ev elopment Committee.
4 . Field 153A, La Rue des Niemes, S t . Peter: agricultural buildings in G re en Zone. P.8/94.
P r e sented by the Island
D ev elopment Committee.
5 . Draft Criminal Justice (Standard
S c a le of Fines) (Jersey) Law 1993 ( A p pointed Day) Act 1994. P.9/94. P r e sented by the Legislation
C o m mittee.
6. Draft Departments of the
J u d iciary and the Legislature
( A m endment No. 2) (Jersey) Law 1993 ( A p pointed Day) Act 1994. P.10/94.
P r e sented by the Legislation
C o m mittee.
The following subjects were lodged on 4th January 1994 -
1 . Nicholson Park - Phases III and I V : approval of drawings. P.1/94. P r e sented by the Housing
C o m mittee.
2 . Draft Public Finances
( A p pointment of Investment Managers) ( J er sey) Regulations 199 . P.2/94.
P r e sented by the Finance and
E c o nomics Committee.
3 . Draft Electricity Link with
F r a nce (Protection of Submarine Cable) ( J er sey) Regulations 199 . P.3/94.
P r e sented by the Harbours and
A ir port Committee.
4 . Draft Harbours (Vehicle Ramps) ( J er sey) Regulations 199 . P.4/94. P r e sented by the Harbours and
A ir port Committee.
Open government: freedom of information. P.151/93. Withdrawn
THE STATES noted that Senator Stuart Syvret had withdrawn the proposition regarding open government: freedom of information (lodged on 28th September 1993).
Telecommunications (Telephones) (Amendment No. 21) (Jersey) Order 1993: annulment. P.205/93. Withdrawn
THE STATES noted that Senator John Stephen Rothwell had withdrawn the proposition regarding the Telecommunications (Telephones) (Amendment No. 21) (Jersey) Order 1993: annulment
(lodged on 7th December 1993).
Responsibility for Equal Opportunities. P.198/93. Withdrawn
THE STATES noted that Senator Corrie Stein had withdrawn the proposition regarding responsibility for equal opportunities (lodged
on 23rd November 1993).
Arrangement of Public Business for the present Sitting
THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the present Sitting -
O verseas Trading Corporation site, First T ower, St. Helier : approval of drawings. P .201/93.
L odged: 7th December 1993.
H ousing Committee.
L es Quennevais Swimming Pool, S t. Brelade. P.208/93.
L odged: 7th December 1993.
S port, Leisure and
R ecreation Committee.
N icholson Park - Phases III and IV: a pproval of drawings. P.1/94.
L odged: 4th January 1994
H ousing Committee.
D raft Public Finances (Appointment of
I nvestment Managers) (Jersey) Regulations 1 99 . P2/94.
L odged: 4th January 1994
F inance and Economics Committee.
D raft Electricity Link with France
( Protection of Submarine Cable) (Jersey) R egulations 199 . P.3/94.
L odged: 4th January 1994
H arbours and Airport Committee.
D raft Harbours (Vehicle
R amps) (Jersey) Regulations 199 . P.4/94. L odged: 4th January 1994
H arbours and Airport Committee.
Arrangement of Public Business for the next Sitting on 1st February 1994
THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the
next Sitting on 1st February 1994 -
P arish rates review. P.124/93. L odged: 24th August 1993. C onnétable of St. John.
D raft Health Insurance
( Amendment No. 8) (Jersey) Law 199 . P .5/94.
L odged: 18th January 1994
S ocial Security Committee.
L es Sillettes, La Ruelle Vaucluse,
S t. Helier: development of hospice in Green
Z one. P.6/94.
L odged: 18th January 1994
I sland Development Committee.
D raft Criminal Justice (Standard
S cale of Fines) (Jersey) Law 1993 ( Appointed Day) Act 1994. P.9/94. L odged: 18th January 1994
L egislation Committee.
D raft Departments of the Judiciary
a nd the Legislature (Amendment No. 2) ( Jersey) Law 1993 (Appointed Day) Act 1 994. P.10/94.
L odged: 18th January 1994
L egislation Committee.
Mobility allowance for disabled people. Question and answer. (Tape No. 219)
Senator Stuart Syvret asked Deputy Terence Augustine Le Sueur of St. Helier , President of the Social Security Committee, the following question -
When will the mobility allowance
f or disabled people come into effect?''
The President of the Social Security Committee replied as follows -
I am unable at the present time to say w hen the proposed Disabled Transport A llowance will come into effect.
T he subject of a Disabled Transport
A llowance was debated in the States in
N ovember 1992 when my Committee's proposals w ere amended in line with a proposition by
D eputy (now Senator) Syvret. The Social
S ecurity Committee was charged to prepare
t he necessary legislation, and a brief was
s ent to the Law Draftsman in December 1992.
I n the Strategic Review and Action Plan for
1 993 this legislation was included as
N o. 39 out of 40 items in the Law Drafting
R equests priority programme. I am hopeful
t herefore that the draft law will be
a vailable for consideration and approval,
f irst by my Committee and then by the
H ouse, in the latter part of this year.
T here is however a potential problem w ith funding this allowance, the cost of w hich has to come from General Revenues. W hen the original proposition, involving
c onsiderably less costs, was brought to the
H ouse in 1992 the Finance and Economics
C ommittee commented ....whilst recognising t he worth of the scheme, because there are
i nsufficient funds available to pay for
e verything Committees wish to do,
i mplementation will depend on its priority
r anking in comparison with other demands on S tates' funds'. The implications of the
p resent policy of cash limits are that my
C ommittee has no funds available within its b udget for 1995, and this allowance will
h ave to be funded from other sources. I
h ope that the readiness with which several
M embers, at the time of the debate,
a ccepted these funding implications, is
m aintained when the law is in place and
f unds are being sought.
I t has been suggested that the allowance could be funded from the Contributory
S ocial Security Scheme, and indeed this is
a n alternative which has been examined,
a lthough I should point out that the annual
e xpenditure on this scheme already exceeds i ts income. Nevertheless, if funds are not
o therwise available, this is a route we may w ell wish to adopt, but this Scheme is not
d iscretionary, and the contribution
c onditions would inevitably exclude some
p ersons who would otherwise qualify under the existing proposals. I should also
a dvise Members that the previous Social
S ecurity Committee did meet Senator Syvret l ast year to consider proposals for
i ntroducing this allowance in phases, but
t he conclusion then reached was that we
s hould continue to abide by the decision of
t he States and implement the proposals in
f ull.
F inally I should thank Senator Syvret
f or bringing this matter to the attention
o f the House, because I am conscious of the e agerness with which this allowance is
a waited by many people, and the question e nables me to give this detailed progress
r eport. I hope that Members will continue
t o maintain their previous support when the i ssues come back to this House''.
Social Security (Amendment No. 10) (Jersey) Law 1993 (Appointed Day) Act 1994
THE STATES, adopting a proposition of the Social Security Committee, made the Social Security (Amendment No. 10) (Jersey) Law 1993 (Appointed Day) Act 1994.
Ecclesiastical District of Saint Luke with Saint James (Jersey) Law 1993 (Appointed Day) Act 1994
THE STATES, adopting a proposition of the Legislation Committee, made the Ecclesiastical District of Saint Luke with Saint James (Jersey) Law 1993 (Appointed Day) Act 1994.
Overseas Trading Corporation site, First Tower, St. Helier : approval of drawings. P.201/93
THE STATES, adopting a proposition of the Housing Committee -
( a) approved drawings Nos. 92-558/09, 10, 1 1 , 12, 13, 14, 15, 16, 17, 18 and 19
s h o wing the redevelopment of part of
t h e Overseas Trading Corporation site,
F i rs t Tower, to provide 12 three-
b e d room houses;
( b) authorised the Greffier of the States t o s ign the said drawings.
Les Quennevais swimming pool, St. Brelade. P.208/93
THE STATES, adopting a proposition of the Sport, Leisure and Recreation Committee -
( a) approved drawings Nos. AL(-0)02, AL(- 1 ) 0 1,02,03, AL(-2)01,02, AL(-3)01,02,
A A (21)01,02,03, showing the proposed
c o n struction of a municipal swimming
p o o l, a learner/disabled pool, a health
c o m plex and ancillary facilities at Les
Q u ennevais, St. Brelade, and authorised
t h e Greffier of the States to sign the
s a id drawings on behalf of the States;
( b) approved a fixed price contract with t h e Warner Group Limited for the
c o n struction of the said buildings in t h e sum of £3,921,300 subject to the n e c essary bond being obtained, and
a u th orised the Greffier of the States t o s ign the necessary contract. Members present voted as follows -
P o u r'' (49) Senators
J eune, Horsfall, Rothwell, Le Main, Le M aistre, Stein, Chinn, Bailhache , Tomes.
Connétable s
S t. John, St. Clement, St. Lawrence, St. M ary, St. Ouen, St. Brelade , St. Martin, S t. Peter, Grouville , St. Helier, St.
S aviour, Trinity .
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. B audains(H), Le Fondré(L), Le Geyt(S),
W alker(H), Crespel(H), Pullin(S), Trinity ,
C arter(H), Johns(H), Duhamel(S),
M atthews(B), Routier(H), Layzell(B),
B reckon(S), Grouville , Huet(H), St. Martin .
C o n tre ''(3) Senators
Q uérée, Syvret. Deputy
D orey(H).
Nicholson Park Estate - phases III and IV: approval of drawings. P.1/94
THE STATES, adopting a proposition of the Housing Committee -
( a) approved drawings Nos. 1615/20, 21, 22, 2 3 , 24, 25, 26, 27, 28, 29A, 30A, 31A,
3 2 , 33A, 34A, 35, 36A, 37A, 38A, 39A,
4 0 A , 41, 42A, 43A, 44A, 45A, 46A, 47A, 4 8 , 49, 50, 51, 52, 53, 54, 55, 58, 59,
6 0 , 61 and 115/1, 2 and 3, showing the
r e d evelopment of Phases III and IV of
t h e Nicholson Park Estate;
( b) authorised the Greffier of the States t o s ign the said drawings on behalf of th e States.
Public Finances (Appointment of Investment Managers) (Jersey) Regulations 1994. P.2/94
THE STATES, in pursuance of Article 26A of the Public Finances (Administration) (Jersey) Law 1967, as amended, made Regulations entitled the Public Finances (Appointment of Investment Managers) (Jersey) Regulations 1994.
Electricity link with France (Protection of Submarine Cable) (Jersey) Regulations 1994. P.3/94
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 the Electricity link with France (Protection of Submarine Cable) (Jersey) Regulations 1994.
Harbours (Vehicle Ramps) (Jersey) Regulations 1994. P.4/94
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 the Harbours (Vehicle Ramps) (Jersey) Regulations 1994.
THE STATES rose at 12.45 p.m.
G .H .C . C O P P O C K G re f fi e r o f the States.