States Minutes 1st February 1994

STATES MINUTES 1 s t F e b r uary 1994

T HE STATES assembled on Tuesday,  1st February 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 Reginald Robert Jeune - out of the

I sland.

R obin Ernest Richard Rumboll, Deputy of St. H elier - out of the Island.

P aul Francis Routier, Deputy of St.

H elier - out of the Island.

_ _ _ _ _ _ ______

P r a y e rs

_ _ _ _ _ _ ______

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Building Loans (Prescribed Rate

o f I nterest) (Jersey) Order 1994. R & 0

8 6 4 5.

 2 .  Public Service Vehicles

( C o nditions of Fitness) (Amendment N  o . 4) (Jersey) Order 1994. R & O

8 6 4 6.

 3 .  Motor Vehicles (Construction and

U  se ) (Amendment No. 32) (Jersey) Order 1 9 9 4. R & O 8647.

 4 .  Airport Dues (Tariff)

( A m endment) (Jersey) Order 1994. R & O 8 6 4 8.

Manpower report for the period 1st January to 30th June 1993 - R.C.1

The Establishment Committee, by Act dated 13th January 1994, presented to the States the Manpower report for the public service for the period 1st January to 30th June 1993.

THE STATES ordered that the said report be printed and distributed.

Births, marriages and deaths in 1993: Statement - R.C.2

The Etat Civil Committee, by Act dated 18th January 1994, presented to the States a statement of statistics of births, marriages and deaths registered during the year 1993.

THE STATES ordered that the said report be printed and distributed.

Housing: States rental waiting list and development programme as at 1st January 1994 - R.C.3

The Housing Committee, by Act dated 14th January 1994, presented to the States the current

waiting list for States rental accommodation and the rental accommodation development programme as at 1st January 1994.

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 24th January 1994, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

 ( a) as recommended by the Education

C o m mittee, the lease from Mr. Henry B e l l of No. 27 Manor Close, Samarès, S t . Clement, a semi-detached three-

b e d room property, for a further two

y e a rs to coincide with the lessee's

f iv e year contract termination date of 3 1 s t December 1995, at an annual rent

o f £ 7,200, being an increase of 9.4 per c e n t over the previous three years;

 ( b) as recommended by the Education

C o m mittee, a Deed of Arrangement in

r e sp ect of the proposed fire escape

a r ra ngements outlined in a report,

d a te d 21st September 1993, prepared by t h e Education Department, in order to

a l lo w guests at the Woodville Hotel,

S t . Saviour's Road, St. Helier, to have

a c c ess onto land at Victoria College,

o n the basis that the public did not

i n cu r any costs relating to the

p r o posal and that all access and egress

p o i nts were only operable from the

h o t el side and would be kept locked at

a l l times, except in cases of extreme

e m e rgency;

 ( c) as recommended by the Education

C o m mittee, the lease to the Jersey

E l e ctricity Company Limited of an area w  it hin the basement of the new

e x te nsion at Rouge Bouillon School for a p e riod of 99 years, commencing 22nd N o vember 1993, at an annual rent of £1, p a y able in total 10 days after

c o m pletion of the lease, for the sole

p u r pose of constructing an electricity

s u b -station, and the grant, free of

c h a rge, to the company of the necessary w  ay leave;

( d) as recommended by the Harbours and A ir port Committee, the renewal of the l e as e to Huelin- Renouf Shipping

L i m ited of 280 square feet of office

a c c ommodation on the first floor of the A  ir port Freight Building (Letting

N  o . B132) for a period of three years,

c o m mencing 1st January 1994, at an

a n n ual rent of £2,000, being a rate of

£7 . 14 a square foot, subject to annual

r e v iew;

 ( e) as recommended by the Harbours and

A  ir port Committee, the lease to Channel

I s la nd Handling Limited of offices at

t h e Albert Pier (Lettings Nos. A18 and

A  1 9) for a further period of three

y e a rs, commencing 1st November 1993, at a n a nnual rent of £4,338.04, payable

s ix - monthly in advance and subject to

a n n ual review;

 ( f) as recommended by the Harbours and

A  ir port Committee, the lease to George T r o y and Sons Limited of office

a c c ommodation on the New North Quay ( L e tting No. N20) for a period of three

y e a rs, commencing 1st January 1994, at a n a nnual rent of £10,502.76, payable

si x -monthly in advance and subject to

a n n ual review;

 ( g) as recommended by the Harbours and

A  ir port Committee, the lease to Huelin- R e n ouf Shipping Limited of office

a c c ommodation on the New North Quay ( L e tting Nos. N19 and N19A) for a

p e r iod of three years, commencing 1st

J a n uary 1994, at an annual rent of

£1 0 ,926.58 for Letting No. N19 and

£1 , 336.59 for Letting No. N19A, payable

s ix - monthly in advance and subject to

a n n ual review;

 ( h) as recommended by the Island

D  ev elopment Committee, the sale to Mrs. R a c hel Margaret Jane Gillies, née

C h r istie, of approximately 1,000 square

f e et of land forming part of Field

N o . 141, La Rue Horman, Grouville , for a c o nsideration of £10, and the

c o n struction by Mrs. Gillies of a

1 . 3 metre wide pavement along the

w  es tern boundary of the said Field with

a g r anite-faced wall at the rear of the

p a v ement; the newly constructed wall

a n d the existing length of wall to be

i n t he ownership of Mrs. Gillies

w  it hout relief with each party being

r e sp onsible for the payment of its own

l e ga l fees.

Matters lodged

The following subjects were lodged au Greffe'' -

 1 .  Draft Royal Court (Amendment

N o . 7) (Jersey) Law 1993 (Appointed D ay ) Act 199 - P.11/94.

P r e sented by the Legislation

C o m mittee.

 2 .  Draft Policing of Roads, Parks

a n d Sea Beaches (Application of Fines) ( A m endment No. 4) (Jersey) Law 199 -

P . 1 2/94.

P r e sented by the Legislation C o m mittee.

3 . Audit Commission: appointment - P . 1 3/94.

P r e sented by the Finance and

E c o nomics Committee.

 4 .  Draft Motor Traffic (No. 4)

( J er sey) Regulations 199 - P.14/94. P r e sented by the Defence

C o m mittee.

 5 .  Draft Public Service Vehicles

( F e es) (Amendment No. 4) (Jersey) R e g ulations 199 - P.15/94.

P r e sented by the Defence

C o m mittee.

 6 .  Financial support for unemployed

p e r sons - reimbursement from general r e v enues (P.183/93): amendment -

P . 1 6/94.

P r e sented by Deputy L. Norman of

S t . Clement.

Arrangement of public business for present meeting

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

D raft Regulation of Undertakings

a nd Development (Amendment No. 6) (Jersey) L aw 199 - P.202/93.

L odged: 7th December 1993.

F inance and Economics Committee.

D raft Hire Cars (No. 5)

( Jersey) Regulations 199 - P.203/93. L odged: 7th December 1993.

D efence Committee.

D raft Public Service Vehicles (Fees)

( Amendment No. 3) (Jersey) Regulations 1 99 - P.204/93.

L odged: 7th December 1993.

D efence Committee.

THE STATES acceded to the request of the Connétable of St. John that consideration of his proposition regarding the Parish Rates Review lodged au Greffe'' on 24th August 1993 (P.124/93) be deferred from the present meeting to a later date.

Arrangement of business for next meeting

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

their next meeting on 15th February 1994 -

D raft Royal Court (Amendment No. 7) ( Jersey) Law 1993 (Appointed Day) Act 1 99 - P.11/94.

L egislation Committee.

D raft Policing of Roads, Parks and

S ea Beaches (Application of Fines)

( Amendment No. 4) (Jersey) Law 199 - P .12/94.

L egislation Committee.

D raft Motor Traffic (No. 4) (Jersey) R egulations 199 - P.14/94.

D efence Committee.

D raft Public Service Vehicles (Fees)

( Amendment No. 4) (Jersey) Regulations 1 99 - P.15/94.

D efence Committee.

F ield 153A, La Rue des Niemes, St. Peter : a gricultural buildings in Green Zone -

P .8/94.

L odged: 18th January 1994.

I sland Development Committee.

F inancial support for

u nemployed persons: reimbursement from g eneral revenues - P.183/93.

L odged: 16th November 1993.

D eputy L. Norman of St. Clement.

F inancial support for

u nemployed persons - reimbursement from g eneral revenues (P.183/93): amendment - P .16/94.

L odged: 1st February 1994.

D eputy L. Norman of St. Clement.

F inancial support for unemployed

p ersons - reimbursement from general

r evenues (P.183/93): comments of the

F inance and Economics Committee - P.206/93

L odged: 7th December 1993. F inance and Economics

C ommittee.

Projets withdrawn

THE STATES noted that -

 ( a) in pursuance of Standing Order 17(6)

t h e following subject, which was lodged a u Greffe'' had been withdrawn -

Je r s e y Gas Company Limited: p r o tection of public interest -

P . 6 1/92.

L o dged: 28th April 1992 (and re f e rr e d to the Policy and

R e s o u rces Committee).

S e n at o r R.J. Shenton.

 ( b) the following projets, lodged au G  re ffe'' in the names of former

M e mbers, had been withdrawn -

In c o m e tax: legislation -

P .1 0 9/92.

L o d g e d: 28th July 1992 (and re f e rr e d to the Finance and

E c o n o mics Committee).

D e p u ty M.C. Buesnel of St. H elier.

C o m m  erce, Industry and

T ra d e : creation of new Committee - P . 8 2 /9 3 .

L o d g e d: 22nd June 1993 (and

re f e rr e d to the Policy and

R e s o u rces Committee).

D e p u ty T.J. Jordan of St.

B r e lade.

 ( c) Deputy Shirley Margaret Baudains of St. H  el ier had withdrawn her proposition

r e g arding Surgical and medical

t re a tment in the United Kingdom, lodged a u Greffe'' on 13th April 1993 -

P .5 0 /93.

Island's traffic problems - questions and answers (Tape No. 220)

Deputy Evelyn Mabel Pullin of St. Saviour asked Deputy Dereck André Carter of St. Helier, President of the Public Services Committee, the following questions -

1.  F ollowing the report in the Jersey

E v e ning Post in mid-December, will the P r e sident confirm that some re-

o r g anisation has taken place in the

P u b lic Services Department to enable

f u ll consideration of the Island's

t ra f fic problems to take place?

 2 .  If so, will the President inform the

S t a tes of the composition of this group a n d the terms of reference to which it i s w orking?

 3 .  In view of the Island-wide concern over t ra f fic, what measures are being taken

b y this group to invite public

p a r ticipation?

 4 .  Will the President indicate the time

s c a le to which the group is working?''

The President of the Public Services Committee replied as follows -

1.  N o. No re-organisation had yet

ta k e n p lace. The newspaper report

re f e rr e d to by the Deputy quoted

m e as saying The Department would b e l o o king at rearranging the

st r u ct u re slightly to take account

o f th e new traffic

re s p o n sibilities.' I consider that

m i n o r matters of structural change

sh o u l d take second place to

C o m mittee decisions about policy

d ir e c ti on.

 2 .  The Deputy may be aware from further p r e ss reports that the new Committee

h a s taken the strategic decision to

l o o k at policies of traffic restraint,

a n d has requested the Officers of the

P u b lic Services Department to produce r e co mmendations as to what practical

m  ea sures can be taken in this regard,

w  it h a view to producing a report and

p r o position - or indeed a series of

p r o positions - for States

c o n sideration.

I a n ticipate that recommendations as to r e st ructuring would form part of those r e co mmendations. In the meantime the C o m mittee will work with its existing

o r g anisation, headed by the Chief

E n g ineer of Design Services, Mr. Les W  in ton.

 3 .  The consultative process has started,

a n d will continue, by the Committee

b e in g open with the public and with the S t a tes, about not only what it is

d o i ng, but how it is thinking and what

d i re ction it is considering taking.

T h i s enables the widest public

p a r ticipation, either by direct contact

w  it h the Department and the Committee,

o r , better yet, through the normal

d e m ocratic process of lobbying their

S t a tes Members.

 4 .  Traffic policy is one of the new

C o m mittee's 100 day' target matters. E i g ht days have elapsed since the 100 d a y s began. I can say that it is our

i n te ntion to lodge proposals as to our g e n eral strategy, together with an

i n it ial tranche of practical measures

t o i mplement that strategy, within

t h re e months of today's date.''

Taxation policy - statement

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

  In my budget speech on 30th November  1 993, I spoke of the need for fairness in

 t he way the tax burden is spread between

 i ndividual groups of taxpayers. Members

 w ill recall that with this in mind, and

 h aving regard to the decision to reinstate

 t he so called marginal rate at 30 per cent,

 I indicated that my Committee proposed to  t ax the company car.

T his proposal had been referred to in my

t wo previous budget speeches in 1991 and 1 992 and the only representations received a s a result of those remarks had been

s upportive.

H owever, following the announcement in

N ovember a number of representations were r eceived raising several matters which my C ommittee felt it needed to consider

f urther. In addition, in the debate on the b udget, a number of States Members gave t heir support to alternative ways of

i ntroducing greater equity into the income t ax system.

A s a result my Committee has decided that, b efore taking any further action on the

c ompany car tax proposals, it would wish to review further all the options for

a chieving the objective of greater equity

w hile at the same time wishing to avoid

c omplex legislation. We have therefore

a sked the Chief Adviser, who last year

c haired a Working Group of officers which e xplored the options for increasing

r evenues, together with the Treasurer and

t he Comptroller of Income Tax to review the

o ptions, and have asked them to include in

t heir deliberations two or three tax

a dvisers drawn from local firms of

a ccountants and to consult with those

b odies that have made representations on

t he subject. Owing to this further

c onsultation the earliest potential date

f or collection of company car tax is now

1 996 instead of 1995.''

Jersey College for Girls New Preparatory School: approval of drawings

THE STATES, adopting a proposition of the Education Committee -

 ( a) approved drawings Nos. Z, AA, BA, EA,

F A  , GA, IB, JB, KB, LB, MB, LC, MC, NC,

O C, PC, QC, RC, TC, UC, XC, ZC, AD, BD, C D , DD, ED, LD, MD, ND, OD, PD, QD, RD, S D , TD, UD, VD, WD, XD, YD, ZD, AE, BE, C E , DE, EE, FE, GE, HE, IE, JE, KE, LE,

M  E , NE, OE, PE, QE, WE, XE, AF, BF, CF,

D  F , FF, GF, HF, IF, JF, KF, LF, MF, NF,

O  F , PF, QF, RF, SF, TF, showing the

p r o posed Jersey College for Girls

P r e paratory School, Mont Millais, to

a c c ommodate 375 pupils aged between

f o u r and eleven years, together with a

c a r park, dropping-off area and

c a re taker's housing;

 ( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t h e States.

The Jersey New Waterworks Company Limited: appointment of directors

THE STATES, adopting a proposition of the Finance and Economics Committee referred to their Acts dated 24th August 1982, and 22nd February 1983, and approved the appointment of the undermentioned Members as Directors of The Jersey New Waterworks Company Limited, with effect from 1st April 1994, in accordance with Article 7(4) of the Articles of Association of

the Company -

J a c k Roche, Connétable of St. Saviour, a s a member of the Finance and

E c o nomics Committee

L e o nard Norman, Deputy of St. Clement J o h n Nicolle Le Fondré, Deputy of St.

L a w rence

I m o gen Stephanie Nicholls, Deputy of G  ro uville.

Finance (Jersey) Law 1994 - P.200/93

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Finance (Jersey) Law 1994.

Finance (No. 2) (Jersey) Law 1994 - P.207/93

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Finance (No. 2) (Jersey) Law 1994.

Health Insurance (Amendment No. 8) (Jersey) Law 1994 - P.5/94

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Health Insurance (Amendment No. 8) (Jersey) Law 1994.

Les Sillettes, La Ruelle Vaucluse, St. Helier : development of hospice in Green Zone - P.6/94

THE STATES, adopting a proposition of the Island Development Committee, supported that Committee's intention to grant permission for

the construction of a landscaped car park on

Field No. 1494B, St. Helier, which measures some 1.6 vergées, associated with and contingent on the extension of the adjoining property, Les Sillettes, La Ruelle Vaucluse, St. Helier, and its change of use from a dwelling to a hospice, as shown on drawing No. 420/1, the whole of the land being situated within an area designated as Green Zone on the Island Plan.

Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993 (Appointed Day) Act 1994 - P.9/94 (revised)

THE STATES, in pursuance of Article 4 of the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993, made an Act entitled the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993 (Appointed Day) Act 1994.

Departments of the Judiciary and the Legislature (Amendment No. 2) (Jersey) Law 1993 (Appointed Day) Act 1994 - P.10/94 (revised)

THE STATES, in pursuance of Article 7 of the Departments of the Judiciary and the Legislature (Amendment No. 2) (Jersey) Law 1993, made an Act entitled the Departments of the Judiciary and

the Legislature (Amendment No. 2) (Jersey) Law 1993 (Appointed Day) Act 1994.

Regulation of Undertakings and Development (Amendment No. 6) (Jersey) Law 1994 - P.202/93

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law

entitled the Regulation of Undertakings and Development (Amendment No. 6) (Jersey) Law 1994.

Hire Cars (No. 5) (Jersey) Regulations 1994 - P.203/93

THE STATES, in pursuance of Article 22A of the Hire Cars (Jersey) Law 1964, as amended, made Regulations entitled the Hire Cars (No. 5) (Jersey) Regulations 1994.

Public Service Vehicles (Fees) (Amendment No. 3) (Jersey) Regulations 1994 - P.204/93

THE STATES, in pursuance of Articles 49A and 54 of the Motor Traffic (Jersey) Law 1935, as amended, made Regulations entitled the Public Service Vehicles (Fees) (Amendment No. 3) (Jersey) Regulations 1994.

Bailiff 's birthday

Senator Richard Joseph Shenton, on behalf of the Assembly, wished the Bailiff a happy birthday, to which the Bailiff responded.

THE STATES rose at 10.42 a.m.

  G  .H  .C . C  O P P O  C K G  re f fi e r o f the States.