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States Minutes 24th May 1994

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STATES MINUTES 24t h M ay 199 4 P ri c e : £ 2.00

T HE STATES assembled on Tuesday, 24t h May 1994 at 9.30 a.m. under

t he Presidency of the Bailiff ,

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

__ _______ ___

All Members were present with the exception of -

S enator John Stephen Rothwell - absent. I ris Medora Le Feuvre, Connétable of St. L awrence - out of the Island.

M ichael Adam Wavell, Deputy of St.

S aviour - out of the Island.

__ _______ ___

P r aye rs

__ _______ ___

Subordinate legislation tabled

The following enactments were laid before the States, namely -

1 . Fire Service (General

P r ovi sions) (Amendment No. 16) (Jersey) O r der 1994. R & O 8676.

2 . Road Traffic (Pedestrian Roads) (Saint H e l ier) (Amendment No. 2) (Jersey)

O r der 1994. R & O 8678.

Prison Board - appointment of member

THE STATES appointed Kenneth Priaulx Vibert , Connétable of St. Ouen , as a member of the Prison Board.

Matters presented

The following matters were presented to the States -

1 . Retail Price s Index: report by C ent ral Statistical Office -

R .C .13/94

P r es ented by the Policy and Resources

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

di st ributed.

2 . Parish rates review (P.124/93):

r ep ort - P.65/94

P r es ented by the Finance and Economics

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

3 . Probation and After Care

S er vice: report for 1993

P r es ented by the Prison Board. THE

S T A TES ordered that the said report be pr int ed and distributed.

Matters noted - land transactions

THE STATES noted Acts of the Finance and Economics Committee dated 16th May 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 om mittee, the lease to the Jersey

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

ext ens ion at Rouge Bouillon School for a pe riod of 99 years, commencing 22nd N o vem ber 1993, at an annual rent of £1, paya ble in full ten days after

com pletion of the lease, for the sole

pur pose of constructing an electricity

s ub -station, and the grant, free of

char ge, to the Company of the necessary w a yl eave;

( b) 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;

( c) as recommended by the Public

S er vices Committee, the lease from the T enan ts of Le Fief de l'Abesse de Caen of 1 34.10 square metres of land on

com mon land off La Rue des Vaux, St. Mar tin, from 28th December 1991 until

28t h December 2073, for a consideration of £ 99. (The Committee rescinded Act N o . 1 (i) of 6th July 1992, of the

C om mittee as previously constituted);

( d) as recommended by the Public

S er vices Committee, the passing of a

C ont rat de Bornement with Mr. Michael S t e ven Barnes, of Pont de Passerelle,

G o r ey Hill, St. Martin , and Mr. Carl

J am es Danby, of Gemini, Gorey Coast

R oad, S t. Martin, in respect of the

bounda ry with the public gardens

s it ua ted between Gorey Hill and La Rue de l a Côte, Gorey, with each side being r es pons ible for its own legal costs;

( e) as recommended by the Public

S er vices Committee, the lease from the J er s ey Wildlife Preservation Trust of

1,508 s quare feet of land in the north-

w e s t corner of the Jersey Zoo, for a

per iod of 99 years for a single sum of

£ 1,508 to be paid at the commencement

of t he lease and with the Committee

bei ng r esponsible for all legal fees

i nv olved in the transaction;

( f) as recommended by the Public

S er vices Committee, the passing of a

C ont rat de Bornement between the public of t he Island and Mr. Deryk Anthony

H a i thwaite and Mrs. Diana Margaret

H a i thwaite, née Eastwick, to clarify

t he eas tern boundary between Mont

O r gue il Castle and the property Le

Q u at orze, 14 Gorey Pier, St. Martin ,

w i t h Mr. and Mrs. Haithwaite being

r es pons ible for all legal fees involved

i n t he transaction;

( g) as recommended by the Harbours and

A i r port Committee, the passing of a

C ont rat de Bornement between the public of t he Island as owners of No. 15 Gorey

P i e r, St. Martin , and Mr. Deryk Anthony H a i thwaite and Mrs. Diana Margaret

H a i thwaite, née Eastwick, to clarify

t he s outhern boundary of No. 14 towards N o . 15, i n order to -

( i) declare party ownership of the ga bl e end c himneys;

( ii ) es tablish rights of access on to

pub li c pr operty to repair exposed pa r t s of the east gable; and

( ii i) agr ee that the window on the rear of N o. 14 should remain

as es t a bl i shed;

( h) as recommended by the Housing

C om mittee, the sale of a strip of land, m eas uring 108 metres in length and

  1. m etres in width, to the south of

B al leine Close, La Rue de la Croix, St. C l em ent, to the following -

( i) Mr. Jonathan Peter Clive Jones and M r s . C écile Therese Jones, née Le

F eu vr e, of The Villa', La Rue de

la C roi x, St. Clement ;

( ii ) Mr . Dennis John de Gruchy and Mrs. M ar ga ret Christine de Gruchy, née

D al t on , of Capello', La Rue de la

C r o ix, S t. Clement;

( ii i) Mr . Peter Dean and Mrs.

E li z abe t h D ean, née Michel, of L a B er ge' , La Rue de la

C r oi x , S t . Clement;

( i) as recommended by the Housing

C om mittee, the transfer of ownership of t w o a reas of land at Trinity Road and

L es Vaux Road, St. Helier , to the

P ar ish of St. Helier for a

cons ideration of £20 (£10 each) with

eac h party paying its own legal fees

ar is ing from the transaction, the two

ar eas of land being -

( i) 602 square feet of land on the

co r ner of the Beau Vallon housing de vel opm ent, Trinity Road, St.

H el i e r ; and

( ii ) 425 s quare feet of land near

C her r y Orchard Court bordering Les V aux N ew Road, St. Helier .

T he t ransfer was subject to the

condi tion that the Parish of St. Helier under took to reconstruct the roadside

w a l l at Cherry Orchard Court and bear t he cos t of reconstructing the storage

s hed s on a site yet to be decided by

t he H ousing Committee, construction of w h i ch would be subject to the approval of t he island Development Committee;

( j) as recommended by the Education

C om mittee, a Deed of Arrangement in

r es pec t of the proposed fire escape

ar rang ements outlined in a report,

dat ed 21 st September 1993, prepared by t he E ducation Department, in order to

al l ow guests at the Woodville Hotel, S t . S aviour's Road, St. Helier , to have acc ess onto land at Victoria College, on t he basis that the public did not

i nc ur any costs relating to the

pr op osal and that all access and egress poi nts were only operable from the hot el side and would be kept locked at al l t imes, except in cases of extreme em er gency;

( k) as recommended by the Island

D e vel opment Committee, the sale to Mrs. R ache l Margaret Jane Gillies, née

C hr istie, of approximately 1,000 square

f ee t of land forming part of Field

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

cons truction by Mrs. Gillies of a

  1. m etre wide pavement along the

w e s tern boundary of the said Field with

a gr anite-faced wall at the rear of the

pave ment, with the newly constructed

w a l l and the existing length of wall

bei ng i n the ownership of Mrs. Gillies

w i t hout relief and with each party

bei ng r esponsible for the payment of

i ts ow n legal fees;

( l) as recommended by the Housing

C om mittee, the grant to Fairview Farm H o l dings Limited of a wayleave over

F i e ld No. 673, St. Martin , for a

cons ideration of £1,500 plus all

r ea s onable legal fees incurred by the

publ ic and the cost of all

acc ommodation works;

( m) as recommended by the Housing

C om mittee, the sale of the following

ar eas of land to the owners of Nos. 1-8 C l os de Maupertuis, St. Clement , at the r at e o f £1 a square foot with each

par ty being responsible for its own

l egal fees -

( i) Mr. Gary Philip Avrill and Mrs. Ja ne A vrill, née Robbins - 1 Clos de Mau pertuis, St. Clement -

67 s quar e feet;

( ii ) Mr . Andrew James White and Mrs. L inda J ane White, née Le Cornec - 2 C l os de Maupertuis,

S t. C le ment - 130 square feet;

( ii i) Mr . Brian John Le Poidevin - 3 C los de Maupertuis, St.

C le m e nt - 129 square feet;

( vi ) Mr. Frederick James Stapley and

M r s . J ean Mary Stapley, née

M ocket t - 5 Clos de Maupertuis, S t. C le ment - 167 square feet;

( v ) Mr. Martin McLaughlin and Mrs. Mad elaine McLaughlin, née Le Flock - 6 C los de Maupertuis, St. Clement - 199 s quare feet;

( vi ) Mr. Victor Robb Forster and Mrs. M oni q ue Marie Françoise Forster, né e D eni s - 8 Clos de Maupertuis, S t. C le ment - 568 square feet.

( n) as recommended by the Public

S er vices Committee (formerly the Public

Wor ks Committee), the lease to the

J er s ey Electricity Company Limited of

s it e N o. 357 in Sand Street Car Park,

S t . H elier, for a period of 21 years

com mencing 25th March 1990 at an annual r en t of £1 payable in full in advance.

( T he Committee rescinded Act No. 5(b)

of 1 9th March 1990, of the Committee as

pr e viously constituted);

( o) as recommended by the Defence

C om mittee, the granting to the Jersey E l e ctricity Company Limited of a

w a yl eave, free of charge, through

F i e lds Nos. 330 and 331, Crabbé, St. Mar y, for the installation of an

el ect ricity cable;

( p) 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;

( q) 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 the La

C ol lette reclamation site, St. Helier ,

as o utlined 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;

( r) as recommended by the Housing

C om mittee, the entering into of a

C ont rat de Transaction with Dagar

H o l dings Limited to define the

bounda ries between the site of the Beau V a l lon Hotel and 35B Old Trinity Hill, S t . H elier, with reciprocal rights of acc ess being granted for repair and

w i t h each party being responsible for

i ts ow n legal fees;

( s) as recommended by the Public

S er vices Committee, the purchase from Mr s . Audrey Mavis Journeaux, née

C as tle, of 250 square feet of land at

L a D igue, Route de la Haule, St.

L aw rence, for a consideration of £500, w i t h the Committee being responsible f or al l legal costs and the

acc ommodation works required to re-

es tabl ish the boundary;

( t) as recommended by the Public

S er vices Committee, the purchase from G e or ge Francis Child-Villiers, the

R i ght Honourable Earl of Jersey, of

7,460 s quare feet of land in Field

N o . 698, G rouville, for a consideration of £ 7,000, with the Committee being

r es pons ible for the vendor's reasonable l egal costs in connexion with the

t rans action;

( u) as recommended by the Housing

C om mittee, the entering into of a Deed of A rrangement with Mrs. Florence Ada G o ul d, née Stephens, Mr. Anthony John P al mer and Mrs. Jennifer Stephens

P al mer, née Gould, owners of 9 Wesley S t reet , St. Helier , and Allesley

I nve stments Limited, the owner of the

adj oi ning property Jardine House, in

or de r to agree a realignment of

bounda ries, with the Committee being

r es pons ible for the payment of legal

f ee s ;

( v) as recommended by the Housing

C om mittee, the sale of an area of land

m eas uring 1,205 square feet at Field

N o . 1311, St. Helier , to Mr. Pietro

R ani se and Mrs. Jane Bethia Ranise, née P ar ker, for the sum of £2,410, with Mr.

and M rs. Ranise being responsible for

al l l egal costs involved. The

t rans action would be subject to the

f ol l owing conditions - there would be a

r es t riction of any building taking

pl ace o n the land, the transfer was not

t o t ake place until after the proposed

hous ing development at Field No. 1311

had b een completed and an assurance was t o b e made that the width of the access

r oa d to the housing estate was

acc eptable;

(w) as recommended by the Housing

C om mittee, the grant to Mr. Trevor

S t a nley Moore of a pedestrian right of w a y f rom the rear of his property, 39

T r ini ty Road, St. Helier , to Trinity

R oad a cross the site of the Beau Vallon H o us ing development, and the right to cons truct a garden gate at the rear of

39 T rinity Road to enable the right of

w a y t o be used, for the sum of £500,

w i t h Mr. Moore being responsible for

al l reasonable legal fees involved in

t he t  ransaction;

( x) as recommended by the Public

S er vices Committee, the purchase from Mr . H arry Hall ewell Baudains of

£ 2,861 square feet of land in Field

N o . 284, S t. Clement, for a

cons ideration of £5,000, with the

C om mittee being responsible for all

r ea s onable legal fees involved in the

t rans action;

( y) as recommended by the Public

S er vices Committee, the entering into

an A greement with Mr. Harry Hall ewell B audai ns for the right across land in

F i e ld No. 284, St. Clement and the

r ight to re-route existing services

t he r eon, for a consideration of £2,000

w i t h the Committee being responsible

f or al l legal fees involved in the

t rans action;

( z) as recommended by the Public

S er vices Committee, the purchase from t he P arish of St. John of 552 square

f ee t of land at Rue des Buttes, St.

J ohn, for a consideration of £552 with t he C ommittee being responsible for all r ea s onable legal costs involved in the

t rans action;

( aa) a s recommended by the Public

S er vi ces Committee, the purchase fr om t h e Jersey New Waterworks C om pany Limited of the footpath bor der ing the northern end of

Q uee n' s Valley Reservoir, La Rue de l a H ougue Bie, St. Saviour ,

fr ee of charge, with the Committee be i ng r esponsible for the

m ai nt e nance of the land and for

al l r ea s onable legal fees involved

in t h e t ransaction;

( ab) as recommended by the Harbours and A i rpor t Committee, the granting of

a r ig ht of way to Falles Holdings L im it e d over land to the south of land kn own as Letting No. L65, on the f ol lowing conditions -

( i) that the Housing Committee

ap pr ove d the creation of a second

ac ces s from Le Clos Saut Falluet,

S t. B rel ade, at some time in the

fut ur e i n order to permit the

repr o vi sion of access to the

Je r s e y E lectricity Company Limited el ec tr ici ty sub-station along the

so ut he rn edge of the commercial

land of f L'Avenue de la Commune; an d

( ii ) t  hat Falles Holdings Limited

r el inquish all rights and

en t i tl em ent in respect of the

ex i s ti n g access road to its paint

sp r ay and r epair workshop premises fr om L a Route des Quennevais.

( ac) a s recommended by the Housing

C om m ittee, the sale to Mr. Stephen C har l e s Holloway and Mrs. Patricia M ay H olloway, née Hannam, of an ar ea of land measuring

ap pr oxi mately 650 square feet at

the bot tom of the rear garden

be l ong ing to their property known as 5 L e B el Estur, St. Saviour ,

for a cons ideration of £1,300

(r epr es enting a rate of £2 a

sq uar e foot) plus all reasonable

legal f ees incurred by the public,

on c ondi tion that the land would

not be built upon for any purpose;

( ad) as recommended by the Committee for P os tal Administration, the

renew al of the lease to the Jersey

C it i zen' s Advice Bureau of

942 s qua re feet of office

ac com modation on the second floor of 15 B road Street, St. Helier ,

for a per iod of one year from 1st

Ja nuar y 1994 at an annual rent of

£ 11 ,775 (representing a rate of

£ 12 .50 a s quare foot) which

incl uded a n element towards the

m ai nt e nance of the communal areas;

( ae) a s recommended by the Island

D eve lopm ent Committee, the lease

to V i ct or Hugo Management Limited of t he V ictor Hugo site, Grève

d' A z et te, St. Clement , for a

pe r i od of nine years rent free,

co m m encing from the date of

si gni ng t he agreement, subject to

a b r ea k cl ause at any time should the C om pany undertake to

recom mence its development

pr ogr a mme or to sell the site to a thi rd party who would recommence the de vel opment programme.

Matter noted - financial transaction

THE STATES noted an Act of the Finance and Economics Committee dated 16th May 1994, showing that in pursuance of Rule 5 of the Public

Finances (General) (Jersey) Rules 1967, as

amended, the Committee had noted that the Education Committee had accepted the lowest of

four tenders, namely that submitted by Charles

Le Quesne (1956) Limited in the sum of

£1,852,914 for Phase 2 of Les Quennevais School repairs.

Matters lodged

The following subjects were lodged au Greffe'' -

1 . Draft Limited Partnerships

( Je r sey) Law 199 - P.66/94. P r es ented by the Finance and E conom ics Committee.

2 . Jersey Council for Safety and

H e al th at Work: appointment of chai rman - P.68/94.

P r es ented by the Social Security C om mittee.

3 . Draft Public Holidays and Bank

H o l idays (Jersey) Act 199 - P.69/94. P r es ented by the Legislation

C om mittee.

4 . Airport development plan -

P .70/ 94.

P r es ented by the Harbours and A i r port Committee.

5 . Draft Licensing (No. 8) (Jersey) R egul ations 199 - P.71/94.

P r es ented by the Tourism

C om mittee.

6 . Les Landes heathland area, St.

O u en (P.51/94): amendment P.72/94. P r es ented by Senator V.A. Tomes.

6 . Bagatelle Nurseries, Claremont R oad, S t. Saviour: transfer of adm inistration P.73/94.

P r es ented by the Island

D e vel opment Committee.

Arrangement of public business for the present meeting

THE STATES acceded to the request of the President of the Legislation Committee that consideration of the draft Sexual Offences (Amendment) (Jersey) Law 199 (P.61/94 - lodged au Greffe'' on 10th May 1994) be deferred from the present meeting to a later date.

THE STATES acceded to the request of Senator Vernon Amy Tomes, with the support of the Island Development Committee, that consideration of Les Landes heathland area, St. Ouen (P.51/94 -

lodged au Greffe on 12th April 1994) be deferred from the present meeting to a later date.

THE STATES agreed to take into consideration at the present meeting a proposition of the

Harbours and Airport Committee regarding the purchase of 1 Kent Villas, Clos de Clement, St. Peter , the Bailiff having agreed that the proposition be moved without the usual notice.

Draft Licensing (No. 8) (Jersey) Regulations 199 - P.33/94. withdrawn

THE STATES noted that the President of the Tourism Committee had withdrawn the draft Licensing (No. 8) (Jersey) Regulations 199 (lodged au Greffe'' on 15th March 1994) having lodged revised draft Regulations at the present meeting (P.71/94).

Arrangement of public business for the next meeting on 7th June 1994

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

next meeting on 7th June 1994 -

D raft Animals (Trapping) (Amendment) ( Jersey) Law 199 - P.40/94.

L odged: 12th April 1994.

A griculture and

F isheries Committee.

T raffic and transport policy - P.59/94. L odged: 3rd May 1994.

P ublic Services Committee.

S t. Mary's Village Plan - P.62/94. L odged: 10th May 1994.

I sland Development Committee.

D raft Building Loans (Miscellaneous

P rovisions) (Amendment No. 23) (Jersey) R egulations 199 - P.64/94.

L odged: 10th May 1994.

H ousing Committee.

J ersey Council for Safety and Health

a t Work: appointment of chairman - P.68/94. L odged: 24th May 1994.

S ocial Security Committee.

D raft Public Holidays and

B ank Holidays (Jersey) Act 199 - P.69/94. L odged: 24th May 1994.

L egislation Committee.

A irport development plan - P.70/94. L odged: 24th May 1994.

H arbours and Airport

C ommittee.

Job Club - questions and answers (Tape No. 238)

Senator Richard Joseph Shenton asked the President of the Social Security Committee the following questions -

1. D oes the President believe that

the J e r sey Job Club has performed a v al u abl e service in assisting

local une mployed people and

he l pi ng t hem to find employment?

2 . If the answer to question 1 is

af fi rmative, why has the Job Club been unabl e to secure long-term States'

f und ing and why does it currently have t o l ive from hand to mouth?

3 . Has the President or his Committee

gi v en any thought to the possibility of al l ow ing the Job Club to function as an i nd ependent body within pre-agreed

gui delines? Is the President aware that par t of the success of the Job Club is

t he f act that the local unemployed feel t ha t it is not a bureaucratic

es tabl ishment and is staffed, run and

oper ated by people who have a better

i ns i ght into their predicament?

4 . Finally, does the President agree that

i t w ould be a sensible use of resources f or t he Job Search Scheme to be carried out from the Job Club premises in order t o h elp save money and, at the same

t im e, ensure that there is a s at i sfactory follow-up process which, appa rently, is not the case

cur rently?''

The President of the Social Security Committee replied as follows -

1. T he short answer is undoubtedly yes '. T he Job Club is only one of

a n umber of ways in which

as s i st a nce has been provided to

co pe w ith the greater number of

une m p loyed persons which we have se en r ece ntly, including a variety

of m e as ures initiated by the

E m pl o yment Enterprise Board.

M em ber s should be aware in

pa r t icu lar of the developments

w hi ch ha ve taken place at the Job

C ent r e , to which increasingly

va canc ies are being referred for a

w i d e var iety of jobs. I am also

pl eas ed t o be able to pay tribute

pub li cl y the manager of the Job

C ent r e , David Bisson, and my

C om m ittee member Deputy Evelyn P ul l in, w ho has taken a keen

int e res t in the problems of the

une m p loyed, both of whom sit on

the M anag ement Committee of the Jo b C l ub.

2 . It might be helpful to preface this

ans wer by advising that the activities

and t he future of the Job Club continue t o b e the subject of discussions

bet w een Social Security and the

C om mittee of Management of the Job

C l ub. In essence the Social Security

C om mittee believes that the Job Club

does have a rôle to play in the battle

agai nst unemployment, a role which is

com plementary to that of the Job

C ent re. Its activities should be seen

i n c ontext, and now certainly against a

back ground where there is no longer a

r is i ng unemployment problem and

cur rent predictions for the next winter

poi nt to unemployment figures 25 per

cent to 30 per cent down on last year.

U n em ployment levels at present, even

w i t h the recent termination of this

w i nt er's temporary employment scheme, ar e j ust over 500 or less than two per

cent of the workforce.

T he J ob Club is an independent

or ga nisation set up in 1993 by the unem ployed, and as such it is not

acc ountable to any States' Committee.

A t t he time it was set up it was hoped

t ha t it would only have a temporary

l if e , and that once unemployment levels dr op ped, its activities would no longer be ne cessary. It is currently funded by

a gr ant from the Finance and Economics C om mittee and occupies premises at 21 H i l l Street provided by my Committee. I s houl d also add that these premises are onl y available to us on a temporary

bas is pending their future

r ed evelopment. The securing of long-

t er m funding would, in my view, depend on l ikely future levels of unemployment and t he services which the Job Club may be be tter able to provide. We are

cur rently talking to the Management

C om mittee about the future of the Job

C l ub, including the funding, but I

s ugge st that any long-term funding

ar rang ements would demand a degree of eval uation, and accountability to a

S t a tes' Committee (such as Finance and E conom ics or Social Security). I do not bel i eve it is true to say that the Job

C l ub i s living from hand to mouth, as

f und ing continues to be provided from

t he F inance and Economics, but if the

J ob C lub has any specific difficulties

t he n m y department would certainly cons ider help where appropriate.

3 . In simple terms the answer is yes' to

bot h these questions. My Committee has been considering proposals which seek

t o r etain as far as possible the

i nd ependence of the Job Club, whilst

i nc r easing its accountability and

i m pr oving its direction. These

pr op osals have been put to, and I

bel i eve welcomed by, the Management

C om mittee of the Job Club, and provided t ha t Committee is indeed happy with our pr op osals then my Committee would seek t o s ecure the future whilst

unem ployment continues to remain a high pr of ile problem.

T he S ocial Security Department

ackn owledges and envies the Job Club's per ception as a non-governmental'

es tabl ishment, and indeed this is its

pr im e strength. However one should be under no illusions regarding numbers. I under stand that the Job Club deals on aver age with some 40-50 persons a week, w h i lst my department copes with

s om ething like 500 persons a day.

F ur thermore it is by no means certain

t ha t the unemployed are best served by ot h er unemployed persons, unless those per sons are well trained and directed,

al t hou gh I do accept that self-help

gr ou ps and previously unemployed people can help to provide a better insight

i nt o une mployment problems. There is

al w ays a danger with a service run by

w e l l-meaning untrained and perhaps

t em porary staff unless there is a clear

s tr at egy, and whilst I am not in any

w a y cr iticising the present Job Club

l eader ship, one requirement if my

C om mittee were to become more directly i nv olved would be the need to set and

m o nitor standards for the future.

4 . I am always happy to look at ways and m eans of saving money, and indeed I

have considered the use of the Job Club pr e mises for the job search programme. My d epartment is not skilled in

t rai ning matters and the job search

pr og ramme is one of the initiatives of

t he E mployment Enterprise Board, the cont ent, delivery and follow-up of

w h i ch have all been monitored by the

J er s ey Training Agency. The greatest

cos t in such programmes is that of the

t ut or ial staff involved, which had led

us to provide courses for 12 to 15

per sons at a time. This number we felt w a s too great to accommodate

com fortably at the Job Club premises,

but I do agree that any follow-up or

ot h er initiatives involving

f ew er numbers could and might well be car r ied out from the Job Club premises. T hi s is an area into which we are

al r ea dy looking, but I would again

s tr es s our wish to maintain standards

and t o continue the involvement of the J er s ey Training Agency.

I n c onclusion may I assure the Senator

t ha t we are working together to provide an e conomic and efficient solution to

m at ters of unemployment, and I am

pl eas ed to confirm that a working party has been set up by the Policy and

R es ources Committee to look into

em pl oyment, training and future needs, and t he ways in which these can be best addr essed, including the future

r es ponsibilities of the Job Club. It is

m y view, and, I am sure, that of both

m y Committee and Policy and Resources, t ha t the long-term solution to

unem ployment rests on a workforce which i s bot h well-motivated and well-

t rai ned, and this is the way we intend

t o p roceed.''

1 Kent Villas, Clos de Clement, St. Peter : purchase in Airport Noise Zone 1

THE STATES, adopting a proposition of the Harbours and Airport Committee -

( a) approved the purchase from Mrs. Jessie Mi l licent Holley (née Busby) of No. 1

K e nt Villas, Clos de Clement, St. Peter w h i ch is situated within an area

des ignated as Aircraft Noise Zone 1 on t he I sland Map 1/87, as amended, for

t he s um of £130,000, with each party

bei ng r esponsible for the payment of

i ts ow n legal fees;

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

beha lf of the public any necessary

cont racts connected with the purchase;

( c) authorised the Treasurer of the States

t o p ay the expenses connected with the

pur chase of the property from the

I sl and Development Committee's vote of cr edi t C0904 Land Acquisition - Major R es erve'.

Prison (Amendment No. 3) (Jersey) Law 1994 (Appointed Day) Act 1994

THE STATES, in pursuance of Article 11 of the Prison (Amendment No. 3) (Jersey) Law 1994, made an Act entitled the Prison (Amendment No. 3) (Jersey) Law 1994 (Appointed Day) Act 1994.

Protection of Children (Jersey) Law 1994 (Appointed Day) Act 1994

THE STATES, in pursuance of Article 7 of the Protection of Children (Jersey) Law 1994, made an Act entitled the Protection of Children (Jersey) Law 1994 (Appointed Day) Act 1994.

Court of Appeal (Amendment No. 6) (Jersey) Law 1993 (Appointed Day) Act 1994

THE STATES, in pursuance of Article 3 of the Court of Appeal (Amendment No. 6) (Jersey) Law 1993, made an Act entitled the Court of Appeal (Amendment No. 6) (Jersey) Law 1993 (Appointed Day) Act 1994.

Compulsory Purchase of Land (Procedure) (Amendment No. 5) (Jersey) Law 1994 (Appointed Day) Act 1994

THE STATES, in pursuance of Article 6 of the Compulsory Purchase of Land (Procedure) (Amendment No. 5) (Jersey) Law 1994, made

an Act entitled the Compulsory Purchase of Land (Procedure) (Amendment No. 5) (Jersey) Law 1994 (Appointed Day) Act 1994.

Supplementary Agreement amending the Agreement on Social Security between the Government of the United Kingdom and Northern Ireland and the Government of the United States of America

THE STATES, adopting a proposition of the Social Security Committee, requested the Bailiff to

inform the Secretary of State that it is the

wish of the Assembly that the Supplementary Agreement Amending the Agreement on Social Security between the Government of the United Kingdom and Northern Ireland and the Government of the United States of America should apply to Jersey.

Understanding on Social Security between the United Kingdom Government on behalf of Jersey and Guernsey and the Government of Quebec

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

wish of the Assembly that the Understanding on Social Security between the United Kingdom Government on behalf of Jersey and Guernsey and the Government of Quebec should apply to Jersey.

Parish rates review - P.124/93 and P.65/94

THE STATES commenced consideration of a proposition of Mr. John Pepin Le Sueur ,

Connétable of St. John , regarding the Parish

Rates Review and considered Annex A of Appendix 2 of the accompanying report - Working Party on Rates - recommendations on the review of the Parish Rate (Administration) (Jersey) Law 1946,

as amended ' and -

Paragraphs 1, 2, 3 and 4 were adopted. Members present voted as follows -

P our '' (35) Senators

J eune, Horsfall, Le Maistre, Tomes. Connétable s

S t. John, St. Clement , St. Mary , St.

B relade, Grouville , St. Helier , St.

S aviour, Trinity , St. Martin , St. Ouen .

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 ,

S .Baudains(H), Le Fondré(L), Le Geyt(S), W alker(H), Pullin(S), Trinity , Carter(H),

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

L ayzell(B).

C ont re'' (11) Senators

S tein, Quérée, Chinn, Bailhache , Syvret. Deputies

C respel(H), Johns(H), Matthews(B), B reckon(S), Huet(H), St. Martin .

Paragraphs 5, 6 and 7 were adopted. Paragraphs 8 and 9 were withdrawn. Paragraphs 10, 11 and 12 were adopted. Paragraph 13 was withdrawn.

Paragraphs 14, 15, 16 and 17 were adopted. Paragraph 18 was withdrawn.

Paragraph 19 was adopted.

Paragraph 20 was rejected.

Paragraphs 21, 22, 23, 24, 25, 26 and 27 were adopted

Paragraph 28 was rejected.

(The amended Annex A of Appendix 2 of the report is set out as an Appendix to these Minutes.)

THE STATES thereupon -

( 1) approved the recommendations of the

Wor king Party on the Review of the

P ar ish Rate (Administration) (Jersey)

L aw 1946, as amended, set out in Annex A of Appendix 2 of the report, dated

10t h August 1993, as amended;

( 2) agreed, in principle, that a new Law be dr a fted to replace the Parish Rate

( A dm inistration) (Jersey) Law 1946, as am ende d, and requested the Legislation C om mittee to prepare the necessary

l egislation;

( 3) requested the Policy and Resources C om mittee to include the drafting of t he new Rates Law in the States

L egi slation Programme for 1993/94.

Termination of Employment - Minimum Periods of Notice (Jersey) Regulations 1994 - P.22/94

THE STATES, in exercise of the powers conferred on them by Article 7 of the Termination of Employment - Minimum Periods of Notice (Jersey) Law 1974, made Regulations entitled the Termination of Employment - Minimum Periods of Notice (Jersey) Regulations 1994.

Members present voted as follows -

P our '' (38) Senators

S henton, Jeune , Horsfall, Le Maistre, S tein, Quérée, Bailhache , Syvret.

Connétable s

S t. John, St. Brelade , St. Peter ,

G rouville, St. Helier , St. Saviour , St. M artin, St. Ouen .

Deputies

R umboll(H), St. John , St. Peter ,

H .Baudains(C), Le Sueur (H), Coutanche(L), H uelin(B), S.Baudains(H), Le Fondré(L),

C respel(H), Pullin(S), Carter(H), Johns(H), D uhamel(S), Matthews(B), Routier(H),

D orey(H), Layzell(B), Breckon(S),

G rouville, Huet(H), St. Martin .

C ont re'' (7) Senators

C hinn, Tomes.

Connétable s

S t. Clement, St. Mary . Deputies

N orman(C), St. Ouen , Trinity .

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

THE STATES, adopting a proposition of the

Agriculture and Fisheries Committee -

( a) approved the re-appointment of Mr.

D a vi d John Le Marquand as Chairman of t he A gricultural Loans and Guarantees

A d vi sory Board;

( b) approved the re-appointment of Mr.

D a vi d John Picot as Vice-Chairman of t he A gricultural Loans and Guarantees A d vi sory Board;

( c) approved the re-appointment of Messrs. Wal ter Labey , Robin Victor Perchard,

L ew is Rondel, Michael Touzel, David

V a ut ier and Brian West as members of

t he A gricultural Loans and Guarantees

A d vi sory Board;

for a period of three years, in accordance with Regulation 3(2) of the Agricultural (Loans) (Jersey) Regulations 1974, as amended.

Gambling (Channel Islands Lottery) (Amendment No. 2) (Jersey) Regulations 1994 - P.52/94

THE STATES, in pursuance of Article 3 of the Gambling (Jersey) Law 1964, as amended, made Regulations entitled the Gambling (Channel Islands Lottery) (Amendment No. 2) (Jersey) Regulations 1994.

Planning and building control charges - P.54/94

THE STATES, adopting a proposition of the Island Development Committee, received the report of the Island Development Committee, dated 7th April 1994, and -

( a) approved, in principle, the

i nt r oduction of charges for planning and b uilding control services and

char ged the Island Development

C om mittee to promote the necessary dr a ft legislation;

( b) agreed, in principle, that additional

r ev enue expenditure in an amount to be

agr eed with the Finance and Economics

C om mittee should be used by the Island

D e vel opment Committee for environmental pur poses, to be funded from income

der iving from planning charges.

Airport terminal building: lease to British Airways Plc. - P.63/94

THE STATES, adopting a proposition of the Harbours and Airport Committee -

( a) approved the lease to British Airways P l c of 4,435.75 square feet of

acc ommodation at the Airport, at an

annua l rent of £65,229.58, for a period of t hree years with effect from 1st

A p r il 1994 with annual rent reviews;

( b) authorised the Greffier of the States t o s ign the necessary agreement with t he com pany; and

( c) authorised the Treasurer of the States t o r eceive the payments as they became due.

Advocates (Amendment No. 3) (Jersey) Law 1994 - P.60/94

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Advocates (Amendment No. 3) (Jersey) Law 1994.

THE STATES rose at 5.44 p.m.

C .M . N E WC O MB E D eput y Greffier of the States.

 A P P E N D I X

PARISH RATES REVIEW - AMENDED ANNEX A OF APPENDIX 2 OF THE REPORT (P.124/93)

P ar agraphs re-numbered

A N N E X A WO R KING PARTY ON RATES

RECOMMENDATIONS ON THE REVIEW OF THE

PARISH RATE (ADMINISTRATION) (JERSEY) LAW 1946 '' (AS AMENDED)

Assessing property to rate (Second Schedule - Article 12(2))

  1. It is unanimously recommended to alter the f undamental basis of assessing property to

r ate by dispensing with the existing

a ssessment formula.

  1. In its place and stead be formulated a

FIXED RATEABLE VALUE' (FRV) ordinarily d erived by freezing a specific year's

a ssessed rateable value. For foncier

p urposes actual rent would be totally

d isregarded and the landlord's liability

c alculated in the aforementioned manner.

  1. That FRV figure would remain static from

y ear to year unless there were any

i mprovements, any alterations, any

a dditions, or any change of status to the

p roperty. Notwithstanding, an appropriate

r e-assessment facility should be built in

t he new procedure for re-evaluation

p urposes. The frozen FRV would be published a nnually in a form of a valuation list much

l ike the draft rate list appears at

p resent.

  1. With each property permanently assessed, fluctuations in rate liability would be

c oncentrated solely on the unit cost per

q uarter (i.e. the rate) decided as at

p resent according to the budgetary

r equirements of the respective parish.

Parish welfare responsibility - (Article 2 (2))

  1. Because no other associated legislation can b e identified it is important that the text

o f the Law recognises the parish

r esponsibility for native welfare borne by

r ate revenue.

R eference to the definition of welfare in t he existing Law is very ambiguous.

( It is noted that the States have recently a ccepted some moral and tangible

r esponsibility for the plight of the

u nemployed).

Rate rebate - (Article 4 (3))

  1. In 1991, (Amendment No. 5) repealed Article 3 (3) and removed the entitlement for

p ersons liable to foncier rate to recover

f rom the parish a proportion of foncier

r ate had the property remained unoccupied

f or any part of the year.

S imilarly, it is recommended that Article 4 (3) be repealed which grants occupiers

s uch an entitlement and advantage, and

f urther, eliminates what has been used as a d evice to avoid liability. It is to be

b orne in mind that property which is u ninhabitable or unworkable is assessed c ommensurately at the outset of the

r ateable year.

Furnished properties (Article 4 (1))

  1. Liability for occupier's rate in respect of

f urnished accommodation to remain the total r esponsibility of the landlord, in view of

t he high instance of occupancy movement

( particularly in St. Helier ).

Assessment committees (Article 7)

  1. There should remain assessment committees

f or every parish, thereby retaining 12

a utonomous rating authorities. Excepting

S t. Helier, every assessment committee

s hould continue to comprise five members.

  1. Invite the St. Helier authorities to

d iscuss the suggestion that the existing S t. Helier complement of four separate c ommittees, each consisting of three

p ersons, is over-cumbersome.

  1. It is considered one overall committee for t he parish of St. Helier of no more than

t he existing quota of 12 assessors would

b ring about a closer uniformity of

v aluation throughout the parish than the

f our divisions at present.

Penalty (Article 10 (5))

  1. Remove threat of disenfranchisement as p enalty for not submitting property

s chedule.

Transfer of ownership (Article 11)

  1. To include a vehicle for notification of s hare transfer transactions which are not d eclared in the form of mutations' by the P ublic Registry.

Form of assessment (Article 12)

  1. Instead of prepare a list' - have a list p repared'.

Posting of draft rate list (Article 13)

  1. Instead of seven consecutive days,

S aturdays and Sundays excepted, one working w eek (i.e. Monday to Friday inclusive)

i ncluding an out of office hours''

f acility.

Levy of rate (Article 19)

  1. Delete (a source of misinterpretation) that t he rate shall be levied within two months a nd make clearer that the levy is payable

i mmediately the Parish Assembly has fixed t he rate.

Representation of bodies (Article 22)

  1. The naming, not necessarily annually, of a m andatory should be prescribed more clearly t o avert attempts to circumvent the

F ranchise Law. A procedure for replacing a m andatory should also be catered for.

Membership of Parish Assembly (Article 23)

  1. Membership should be automatic for any r atepayer and not qualified by a set number

o f quarters.

Publication of notices (Article 25)

  1. It is recognised there are no longer two n ewspapers circulating in the Island nor p ublications in French.

Power of Supervisory Committee to make Orders (Article 24)

  1. The new Law must continue to give clear

m andate to the Supervisory Committee (as

t he parent body) to amend Articles by Order

o r the States to amend Articles by

R egulation.

Agricultural land (Second Schedule - Article 3(2))

  1. It is no longer appropriate, or equitable, t hat agricultural land should continue to r eceive preferential allowances and

d iscounts.

M i s cel la neous Text

  1. Retain French connotations in the text of t he Law, e.g. Connétable , foncier, etc.

Rights of access

  1. Assessors given means of reasonable

o pportunity to enter upon property for

v iewing and re-assessing purposes.