States Minutes 26th July 1994

STATES MINUTES 2 6 th Ju l y 1994   P r ic e : £ 3 . 0 0

T HE STATES assembled on Tuesday, 2 6th July 1994 at 9.30 a.m. under

 the Presidency of the Deputy Bailiff ,

Philip Martin Bailhache , Esquire, Q.C. _ _ _ _ _ _ ______

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 Terence John Le Main - out of the I sland

T erence Augustine Le Sueur, Deputy of St. H elier - out of the Island

F rank Harris on Walker , Deputy of St.

H elier - out of the Island.

_ _ _ _ _ _ ______

P ra yers read by the Greffier _ _ _ _ _ _ ______

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Road Traffic (Speed Limits)

( A m endment No. 6) (Jersey) Order 1994. R & O 8692.

 2 .  Collective Investment Funds

( P e rmits) (Exemptions) (Jersey) Order 1 9 9 4. R & O 8693.

 3 .  Telecommunications (Telephones)

( A m endment No. 24) (Jersey) Order 1994. R & O 8694.

 4 .  Road Traffic (Public Parking

P l aces) (Amendment No. 29) (Jersey) O rd er 1994. R & O 8695.

Matters presented

The following matters were presented to the States -

 1 .  Industrial Relations Advisory

S e r vice: report for 1993 - R.C.15/94. P r e sented by the Industrial

R e l ations Committee.

2 . Ecology Fund: report for 1993 - R . C .16/94.

P r e sented by the Island

D  ev elopment Committee.

 3 .  Acorn Enterprises Limited:

r e p ort for 1993 - R.C.17/94.

P resented by the Social Security C o m mittee.

 4 .  States of Jersey Fire Service: r e p ort for 1993.

P r e sented by the Defence

C o m mittee.

 5 .  Medical Officer of Health:

r e p ort for 1993.

P r e sented by the Public Health C o m mittee.

 6 .  Department of Motor Traffic: r e p ort for 1993.

P r e sented by the Defence

C o m mittee.

Matters noted - land transactions

THE STATES noted Acts of the Finance and Economics Committee dated 27th June and 18th July 1994, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

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

u n d ermentioned viviers on the Albert P i e r, St. Helier Harbour -

( i) viviers A3/4 to F. Battrick and S o n s L imited for three years from 1 st J u n e 1994, at an annual rent

o f £ 2 ,4 64.02, subject to annual

re v i e w , based on a letting area of 7 0 2 s q uare feet at at a rate of

£3 .5 1 a square foot; and

( ii ) viviers A5/7 to Mr. Michael Andrew T a y lo r , of La Hougette, Le Hocq,

G r o u v ille, for three years from

1 st J u n e 1994, at an annual rent

o f £ 2 ,6 11.44, subject to annual

re v i e w , based on a letting area of

7 4 4 s q uare feet at a rate of £3.51

a s q u a re foot;

(b) as recommended by the Public

S e r vices Committee, the lease to Mr.

J o s eph Smith of an area of land

m  ea suring approximately five metres by f o u r metres adjacent to the slipway at

W  e st Park, St. Helier , for a period of

t h re e years from 1st April 1992 at an

a n n ual rent of £215, subject to annual

r e n t reviews;

 ( c) as recommended by the Public

H  ea lth Committee, the lease from Mr. W  il liam Bertram Payn of Le Havre, La R o c que, Grouville , a four-bedroom,

p a r tly furnished property, for a period

o f o ne year from 1st April 1994, at an

a n n ual rent of £13,000, payable

q u a rterly in advance;

 ( d) as recommended by the Public Health

C o m mittee, the renewal of the lease

f ro m Bellman Properties Limited of four

o n e -bedroom flats known as Flats 1-4,

5 3 - 55 Bath Street, St. Helier , for a

p e r iod of one year from 1st June 1994,

a t a n annual rent of £5,055 a flat,

p a y able quarterly in advance;

( e) as recommended by the Public Health C o m mittee, the renewal of the lease

f ro m Mrs. Doris May Perchard, née

S y m ons, of the three-bedroom house

k n o wn as Dorita, Manor Park Road, La P o u quelaye, St. Helier, for the period

1 s t August 1994 to 1st January 1995,

w  it h an option to renew for a further

p e r iod of six months at an annual rent

o f £ 7,848 payable monthly in advance;

( f) as recommended by the Public Health

C o m mittee, the renewal of the lease

f ro m Mr. Eric Gerald Le Feuvre, of the

o n e -bedroom ground floor flat, Salem H  o use, St. Lawrence, for a period of

o n e year from 6th May 1994, with an

o p t ion to renew for a further year to

5 t h May 1996, at an annual rent of

£6 , 016 payable quarterly in advance;

( g) as recommended by the Public Services C o m mittee, the sub-lease from Gorey

B o a t Builders Limited to Dolphin Marine L i m ited of the premises The Quarry,

G  o rey Pier, St. Martin, subject to the

s a m e terms and conditions included

w  it hin the main lease;

 ( h) as recommended by the Harbours and A  ir port Committee, the lease to Mr.

R i c hard Peter Bonny of Field No. 188, s o u th of Rue de l'Eglise, St. Peter,

( m e asuring 4.23.0 vergées) for a period

o f t hree years from 1st July 1994, at

an annual rent of £228.75, representing a r a te of £50 a vergée;

 ( i) as recommended by the Public Services

C o m mittee, the renewal of the lease to

M  r . James Webster of the Bunker, Bouley B a y , Trinity , for a period of three

y e a rs from 25th December 1993, at an

a n n ual rent of £265, subject to annual

r e v iew, with each side being

r e sp onsible for its own legal fees

i n v olved in the transaction;

 ( j) as recommended by the Housing

C o m mittee, the grant of a wayleave in p e r petuity to the Jersey Electricity

C o m pany Limited in order to facilitate a n e lectricity supply to Le Bernage

E s t ate, Longueville, St. Saviour; and

t h e sale of 10.89 square metres of land f o rm ing part of an existing sub-

s ta t ion, and a 1 x 1 metre plot for a

d i st ribution pillar, for a nominal sum

o f £ 1 each, with each party being

r e sp onsible for its own legal fees

i n v olved in the transaction.

Matter noted - financial transaction

THE STATES noted an Act of the Finance and Economics Committee dated 18th July 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 six tenders, namely that submitted by Stansell QVC Limited in the sum of £911,563 for the Rouge Bouillon School redevelopment - Phases 3B-8B.

Matters lodged

The following subjects were lodged au Greffe'' -

1 . Grands Vaux Community Centre: a p p roval of drawings - P.95/94.

P r e sented by the Education

C o m mittee.

 2 .  Draft Motor Traffic (Third-Party

I n s urance) (Amendment No. 9) (Jersey) L a w 199 - P.96/94.

P r e sented by the Defence

C o m mittee.

 3 .  Draft Gambling (Licensing

P r o visions) (Amendment No. 9) (Jersey) R e g ulations 199  - P.97/94.

P r e sented by the Gambling

C o n trol Committee.

 4 .  Draft Gambling (Betting)

( A m endment No. 7) (Jersey) Regulations 1 9 9 - P.98/94.

P r e sented by the Gambling

C o n trol Committee.

 5 .  Draft Merchandise Marks

( A m endment No. 2) (Jersey) Law 199 - P . 9 9/94.

P r e sented by the Finance and

E c o nomics Committee.

 6 .  Social Charter (P.81/94):

a m e ndments - P.100/94.

P r e sented by Deputy G. Matthews

o f S t. Brelade and referred to the

P o l icy and Resources Committee.

L odged on 28th June 1994

E nvironmental policies - P.84/94.

P resented by the Island Development C ommittee.

L odged on 5th July 1994

 1 .  2-10 Halkett Place, St. Helier:

t ra n sfer of administration - P.85/94. P r e sented by the Public Services

C o m mittee.

2 . Draft Summer Time (Jersey) Act 1 9 9 4 - P.86/94.

P r e sented by the Legislation

C o m mittee.

 3 .  Draft Inquests and Post-mortem E x a minations (Jersey) Law 199  - P . 8 7/94.

P r e sented by the Legislation

C o m mittee.

4 . Projet de Loi (199 ) (Amendement N o . 5) sur l'Instruction Primaire -

P . 8 8/94.

P r e sented by the Comité de

l 'E d ucation.

L odged on 12th July 1994

 1 .  Draft Merchant Shipping (Deck

O  ff icers) (Jersey) Regulations 199 - P . 8 9/94.

P r e sented by the Harbours and

A  ir port Committee.

 2 .  Draft Merchant Shipping (Marine

E n g ineer Officers and Marine Engine O  p erators) (Jersey) Regulations 199  - P . 9 0/94.

P r e sented by the Harbours and

A  ir port Committee.

 3 .  Draft Sea-Fisheries

( M  iscellaneous Provisions) (Amendment N  o . 8) (Jersey) Regulations 199  -

P . 9 1/94.

P r e sented by the Agriculture and

F i s heries Committee.

4 . Draft Computer Misuse (Jersey) L a w 199 - P.92/94.

    P r e sented by the Establishment

C o m mittee.

 5 .  Draft Public Employees

( C o ntributory Retirement Scheme)

( G e neral) (Amendment No. 4) (Jersey) R e g ulations 199  - P.93/94.

P r e sented by the Establishment

C o m mittee.

L odged on 19th July 1994

P olicing system in Jersey:

i ndependent review - P.94/94.

P resented by the Defence Committee.

Arrangement of public business for the present meeting

THE STATES acceded to the request of the President of the Legislation Committee

that the draft Inquests and Post-mortem Examinations (Jersey) Law 199  (P.53/94) lodged au Greffe'' on 26th April 1994 be withdrawn and that the revised version (P.87/94) lodged

au Greffe'' on 5th July 1994 be debated in its place at the present meeting.

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

E nvironmental policies - P.84/94. L odged: 28th June 1994.

I sland Development Committee.

2 -10 Halkett Place, St.

H elier: transfer of administration - P .85/94.

L odged: 5th July 1994.

P ublic Services Committee.

D raft Summer Time (Jersey) Act 199  - P .86/94.

L odged: 5th July 1994.

L egislation Committee.

P rojet de Loi (199 )

( Amendement No. 5) sur l'Instruction P rimaire - P.88/94.

L odged: 5th July 1994.

C omité de l'Education.

D raft Merchant Shipping

( Deck Officers) (Jersey) Regulations 199  - P .89/94.

L odged: 12th July 1994.

H arbours and Airport Committee.

D raft Merchant Shipping

( Marine Engineer Officers and Marine Engine O perators) (Jersey) Regulations 199  -

P .90/94.

L odged: 12th July 1994.

H arbours and Airport Committee.

D raft Sea-Fisheries (Miscellaneous

P rovisions) (Amendment No. 8) (Jersey) R egulations 199  - P.91/94.

L odged: 12th July 1994.

A griculture and Fisheries Committee.

D raft Computer Misuse (Jersey) Law 1 99  - P.92/94.

L odged: 12th July 1994.

E stablishment Committee.

D raft Public Employees (Contributory

R etirement Scheme) (General) (Amendment N o. 4) (Jersey) Regulations 199  - P.93/94. L odged: 12th July 1994.

E stablishment Committee.

Field 153A, La Rue des Niemes, St. Peter : agricultural buildings in Green Zone - P.8/94

THE STATES noted that the President of the Island Development Committee had withdrawn the proposition regarding agricultural buildings in

the Green Zone: Field 153A, La Rue des Niemes, St. Peter - (P.8/94 -) lodged au Greffe'' on

18th January 1994).

Arrangement of public business for the next meeting

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

next meeting -

7 Springfield Crescent, St. Helier: sale to N emo Charitable Association - P.83/94. L odged: 21st June 1994.

H ousing Committee.

G rands Vaux Community Centre: a pproval of drawings - P.95/94. E ducation Committee.

D raft Motor Traffic (Third-

P arty Insurance) (Amendment No. 9) (Jersey) L aw 199  - P.96/94.

D efence Committee.

D raft Gambling (Licensing Provisions)

( Amendment No. 9) (Jersey) Regulations 1 99  - P.97/94.

G ambling Control Committee.

D raft Gambling (Betting) (Amendment

N o. 7) (Jersey) Regulations 199  - P.98/94. G ambling Control Committee.

D raft Merchandise Marks (Amendment N o. 2) (Jersey) Law 199  - P.99/94.

F inance and Economics

C ommittee.

Waterfront Enterprise Board - Questions and answers (Tape No. 248)

Senator Richard Joseph Shenton asked Senator Reginald Robert Jeune , President of the Policy and Resources Committee, the following questions -

1.  W ill the President inform the H o u s e of the current situation

w i th re gard to the Waterfront and th e A b attoir sites?

 2 .  Will the President inform the House of t h e amount so far spent by the

W  a terfront Enterprise Board?

 3 .  Does the President not agree that

q u a rterly reports should be received by t h e States in order that a close check

m  ay be kept upon the activities of the B o a rd and their expenses?''

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

1.  T he States on 9th November 1993

ad o p t e d a report and proposition

o f th e Policy and Resources

C o m m  ittee (P.160/93) and approved in p ri nciple that the Waterfront

E n te r p rise Board should, subject

to re l e vant legislation and

S ta t e s' procedures, be given full

re s p o n sibility for the co-

o rd i n a tion and promotion of

d ev e l o pment in the St. Helier

w a te r f ront area within the overall

fr a m e w ork of the report of the

W a t e rf ront Enterprise Board dated

2 2 n d S eptember 1993. In its report

th e P o licy and Resources Committee in d i c at ed that following the

S ta t e s' approval of the report and

p ro p o s ition, the next step would b e f o r the Board to undertake a st r at e g ic appraisal of the

d ev e l o pment of the waterfront ar e a .  

T h e Waterfront Enterprise Board has

b e e n working on the strategic appraisal

s in c e the States' debate in November

1 9 9 3, and I am informed by the Chairman

o f the Waterfront Enterprise Board that

t h e strategic appraisal will be made

a v a ilable to my Committee in September. I w  ould hope to be able to present the

s tr a tegic appraisal to the House for

d e b ate in the autumn session.

T h e current situation with regard to

t h e Waterfront and the Abattoir

s it e s, therefore, is that they form

p a r t of the strategic appraisal being

c o m pleted by the Waterfront Enterprise B o a rd and proposals for the development

o f t hese sites will be incorporated in

t h at appraisal. It will be for the

S t a tes to decide whether those

p r o posals should be adopted.

2 . The Waterfront Enterprise Board was a l lo cated £100,000 in 1993 of which it s p e nt £75,768. Expenditure in 1994 to 3 0 t h June totalled £93,535 out of the

£3 7 5,000 allocated from the Central

P l a nning Vote, which figure was

i d en tified in Appendix II of P.160/93

a d o pted by the States on 9th November 1 9 9 3.

M  e mbers will no doubt have seen the

r e ce nt announcement of the employment

o f a managing director to the Board.

T h i s is in accordance with the States'

d e c ision on 30th March 1993 in adopting a p r oposition of the Island Development C o m mittee (P.16/93) authorising the

B o a rd to appoint a full-time executive

d i re ctor to the Board, subject to the

n e c essary funds being made available.

T h e estimated expenditure of the

W a terfront Enterprise Board for 1994 as a w hole is £277,000.

 3 .  The States in approving the

e s ta blishment of the Waterfront

E n t erprise Board within the overall

f ra m ework of the report of the Board,

d a te d 22nd September 1993, were

i n fo rmed that to ensure proper public a c c ountability the Waterfront

E n t erprise Board would adopt the

f o ll owing procedures and safeguards -

( 1 ) the annual budget will be prepared in th e normal States manner,

fo l lo w  ing discussions with the

T re a s u ry and approved by the

P o li c y and Resources and the

F in a n c e and Economics Committees as a p p ropriate;

( 2 ) the budget will be prepared by the W a t e rf ront Enterprise Board in

co n s u l tation with all relevant

S ta t e s' Committees;

    ( 3 ) the Waterfront Enterprise Board w i ll s u bmit annual accounts to the S ta t e s through the Policy and

R e s o u rces Committee for

in f o rm  ation;

( 4 ) the Waterfront Enterprise Board

w i ll m  onitor expenditure and

in c o m  e and provide quarterly

m a n a g ement accounts to the Policy an d R e sources Committee;

( 5 ) the Waterfront Enterprise Board

w i ll p r oduce an annual business

p la n se tting out its objectives,

p o li c ie s and programmes, reporting

o n p r o gress and projecting

ex p e n d iture and income.

T h e Policy and Resources Committee is

o f t he opinion that these procedures

w  il l enable a close check to be kept on t h e activities of the Board and their

e x p enses. I wish also to stress that

t h er e are three States' Members on the W  a terfront Enterprise Board. There are a ls o further safeguards to ensure the

p u b lic accountability of the Waterfront E n t erprise Board in that -

( i) legal ownership of all assets re m  a in s with the States;

( ii ) all on-going operational and

m a n a g ement duties remain with the ap p r o p riate States' Committees;

( ii i)  all planning powers remain w i th th e Island Development C o m m i tt ee;

( iv ) all property transactions remain

to b e a pproved by the Property

M a n a g ement Office and the Finance an d E c onomics Committee;

( v ) the States, on the recommendation

o f th e Policy and Resources

C o m m  ittee, appoint and have the

p o w e r to remove Board members;

( v i) the Policy and Resources Committee p ro v i d es political and public

ac c o u n tability through its

sp o n s o rship of the Waterfront

E nterprise Board.

T h e States will have a further

o p p ortunity to express views on the way t h at the Waterfront Enterprise Board is

t o o perate when, together with the

s tr a tegic appraisal report, they

r e ce ive for consideration and approval

t h e Memorandum and Articles of

A  ss ociation of the Waterfront

E n t erprise Board Limited. Members may r e ca ll that in its report and

p r o position (P.160/93) the Policy and

R esources Committee indicated that it

w  as of the opinion that for the

W  a terfront Enterprise Board to function e f fe ctively it should have a separate

l e ga l status and that the Committee

w  o uld be returning to the States with a

r e p ort on the most appropriate form of

s e p arate legal status for the Board.

T h i s report will be presented to the

S t a tes in the Autumn session.''

Les Creux Golf Course - Questions and answers (Tape No. 248)

Senator Richard Joseph Shenton asked Senator Jean Amy Le Maistre, President of the Sport, Leisure and Recreation Committee, the following questions -

1.  W ill the President inform the

S ta t e s of progress to date on Les

C r eu x golf course from the States' ap p r o v al on 28th October 1986?  2 .  Will the President inform the States h o w much land has been acquired by p u r chase or lease since that date?

 3 .  Will the President inform the States h o w much has been spent on land

p u r chase and leasing, interest and

p r o fessional fees since that date?

 4 .  Will the President inform the States of t h e reasons for the latest delay?

 5 .  Will the President inform the States

w  h ether there will ever be enough land a v a ilable for a par 72 golf course at

L e s Creux together with a driving range a n d putting green?

 6 .  Does the President believe that the

S t a tes was misled in the debate of 1986 a n d should we now cut our losses and

l o o k elsewhere in the Island for a golf c o u rse to satisfy the needs of both

r e si dents and tourists?''

The President of the Sport, Leisure and Recreation Committee replied as follows -

1.  A fter States' approval in 1986, li m i te d progress was made with

re g a r d to land acquisition or

n eg o t i ations until the formation

o f th e Sport, Leisure and

R e c re a tion Committee in November 1 9 9 1 . The Island Development

C o m m  ittee had commissioned the

H u g g e tt-Cole report which

d em  o n strated that an 18-hole golf

co u r s e of low par could be

ac h i e v ed. Following the

ap p o i n tment of the Sport, Leisure

an d R e creation Committee, a report an d p r oposition was approved by

th e S ta tes on 9th June 1992 to

le a s e t he Le Gallais land. Further

n eg o t i ations were then undertaken

b y t h e Property Management Office. In J an u ary 1993 a brief was

p re p a r ed to test the market

re q u i re ment and type of course

n ee d e d for Jersey and in March

1 9 9 3 c onsultants were appointed by th e S p ort, Leisure and Recreation

C o m m  ittee to undertake the study

w h i ch was completed in June.

O  n 20th July 1993 the golf course

d e s ign presented to States' Members

c l ea rly indicated that on the land

a v a ilable (approximately 122 vergées at t h at time) it would only be possible to

a d o pt a phased approach until such time a s f urther land became available. The

S t a tes adopted the proposition of the

C o m mittee which referred to the

p l an ning and construction of the first

p h a se of the golf course.

T h e Sport, Leisure and Recreation

C o m mittee in 1993 had decided that

p l an s should be prepared by means of a d e s ign and build competition. The

p r o posals and cost comparisons were

p r e sented to my Committee by the

P r o ject Group on 20th January this

y e a r. The Committee decided to seek an i n d ependent tender appraisal prior to

t h e appointment of the architect and

f in a l submission of the plans to the

I s la nd Development Committee.

T h e Committee at its meeting on 28th

A  p ril was informed that the Island

D  ev elopment Committee had received

o b j ections to the plans on

e n v ironmental grounds. It was decided

t h at both Committees should meet in

o r d er that these matters could be

r e so lved. Following a series of

m  ee tings the architect was instructed

t o m odify the drawings. These were

p r e sented and approved by my Committee l a st Thursday, 14th July, and I,

t o g ether with Deputy Gary Matthews, Mr. J e re my Pern (the architect), Mr. Tom

M  a cauley (President of the Golf Course A  rc hitects' Association) and the

p r o ject leader, Mr. Bill Biddlecombe,

a t te nded a meeting with the Island

D  ev elopment Committee later that

m  o rning. Following detailed

d i sc ussions, agreement was reached on

t h e recent design and the architect was

i n st ructed to proceed with the

p r e paration of working drawings.

 2 .  Of the 262 vergées zoned for golf, 197 v e r gées are already in public

o w  nership. Of the remaining land,

a p p roximately half is in the ownership

o f w illing sellers, subject to price

n e g otiations.

3 . Approximately £1.2 million on purchase a n d leasing. Approximately £105,000 on p r o fessional fees which covers

a r ch itectural and design fees, design

a n d build competition, market research,    la nd and ecological surveys and site

t e st s.

 4 .  The reply to question 1 covers the

p e r iod of the latest delay but it must

b e s aid that the environmental issues

h a v e been the main cause of the delays s in c e April. I am pleased, however, to i n fo rm the States that I believe that

t h es e matters have now been resolved.

 5 .  There was never sufficient land to

p r o vide a par 72, 18-hole golf course

a n d this has been borne out by numerous d e s ign submissions to the Project

G  ro up. There is, however, sufficient

l a nd identified to accommodate a par 70 1 8 - hole golf course, a driving range

a n d a putting green. I am currently

e n g aged in negotiations with land

o w  ners which, if successful, will

e n a ble the project to proceed in its

e n ti rety rather than in two phases.

 6 .  I do not believe that the States were

m  is led in the debate of 1986, but what

w  as not envisaged or properly planned w  as how the land other than the Le

G  al lais land would be acquired. My

C o m mittee is currently seeking to

a c h ieve a full 18-hole golf course

s o o ner than was envisaged during the

S t a tes' debate last year. I have no

r e as on to believe that beginning a

s e a rch for another area of land

m  ea suring 300 vergées would serve any u s e ful purpose.''

Rwanda: aid - questions and answers (Tape No. 248)

Senator Antony Beresford Chinn asked Senator Patricia Ann Bailhache , President of the

Overseas Aid Committee, the following question -

  Will the President inform the States of

 t he amount of aid already granted to Rwanda t his year and indicate whether it is her C ommittee's intention to send a further c ontribution?''

The President of the Overseas Aid Committee replied as follows -

On 15th April, £30,000 was sent to Oxfam, w ho were sending out tents, blankets and

m edical supplies to Tanzania.

I n January the Overseas Aid Committee

a llocated £25,000 to UNICEF for a measles i mmunisation programme in Rwanda. This g rant was re-allocated on 27th May to

m edical supplies for the refugees from

R wanda in Zaire.

T his weekend the Committee agreed to send a f urther £30,000 to the Disaster Emergency

C ommittee Appeal.

W hilst the Committee is aware that these g rants are small in view of the vast

n umbers of people in great need in these r efugee camps, disaster grants must be

d ealt with within the resources of the

O verseas Aid budget.''

Animals' Shelter - statement

Deputy Carlyle John Le Herissier Hinault of St. John, President of the Island Development Committee, made a statement in the following terms -

  After many years of deliberation, my

 C ommittee has decided to drop its proposals  t o relocate the Animals' Shelter from St.

 S aviour's Road.

I would like to explain to the House the

f actors which have affected this decision -

T he difficulties of finding an acceptable

a lternative site for the Animals' Shelter

i n the Island are legion. The Committee has

o n several occasions conducted site-finding e xercises with only little success. The

m ain location criterion that needs to be

s atisfied is remoteness from residents, and i n our densely populated Island it can be

a ppreciated that this is a virtually

i mpossible task. The Committee had, of c ourse, identified a site on La Route de la T rinité owned by Mr. Stewart Mourant of H aut du Mont, but a combination of local

o pposition and a subsequent withdrawal of M r. Mourant's willingness to sell

e ffectively put an end to this proposal.

C learly, any efforts to find an acceptable

s ite will be constrained by the

u nwillingness of local residents to have

o ther people's problems foisted upon them. I t is a problem that the Island Development C ommittee regularly encounters, whether it b e for compost sites, go-kart tracks, or

o ther bad neighbours. The Committee

b elieves that in La Route de la Trinité

s ite it had found the best fit' with the

r equirements of the Jersey Society for the P revention of Cruelty to Animals (JSPCA). I t does not believe that it will find a

b etter option.

A t the present time the Committee, in

c ommon with all States Committees, has to b e particularly conscious of the financial

i mplications of what it proposes. Estimates h ave put the cost to the public purse of

r elocating the Animals' Shelter in the

r egion of £2.5m. The JSPCA has never

a ctively sought to relocate itself,

a lthough it has co-operated fully in the

S tates' attempts to relocate the Animals'

S helter. The Committee does not believe

t hat a sufficiently strong financial case

c an be made to relocate the Animals'

S helter from St. Saviour's Road.

W hile the need to find sites for housing

h as not disappeared, the need to find them

a t any price' no longer exists. The site

i s zoned for Category A housing on the Town M ap which was approved by the States in

1 987. However, in the recent studies of

l and availability for housing it features

o nly as a possible site and has not been

c ounted in the supply/demand equation. Some 5 4 units could be constructed on the site,

a t a relatively high density, but it would

b e a particularly expensive development and

o ne which is not likely to be attractive to

t he private sector. In the circumstances,

t herefore, the Committee does not propose

t o pursue the acquisition of this site to

m eet housing needs, believing them to be

c apable of being met in more cost-effective

w ays on other sites already identified and

a pproved.

A recent visit to the RSPCA in Sussex,

t ogether with representatives of the JSPCA,

t he States vet and Senator Shenton, has

d emonstrated that it is now possible to

d esign kennels in such a way that the

d isturbance created by barking dogs is

r educed. Both the Society and the Island

D evelopment Committee is satisfied that the k ennels at St. Saviour's Road can be re-

b uilt and the activity can be actively

m anaged in such a way that the existing

l evels of disturbance are reduced. The

C ommittee believes that it is important to

k eep a sense of perspective about the

p roblem. Obviously, some disturbance will

a lways arise from the co-existence of an

a nimals shelter and housing developments.

T he Committee is particularly conscious of

t he noise pollution that can arise from

t his relationship and intends to seek

a greement with the JSPCA that improvements a re obtained. It believes that in the

p articular circumstances of Jersey, where a

l arge population and all its community

f acilities, including an animals shelter,

h ave to be included within a 4 to 5 mile

r adius, it would be a mistake to follow the

U nited Kingdom/European direction in every d etail in respect of controls over noise

p ollution.

T he Committee was influenced by the results

o f a recent survey carried out by the JSPCA

o f residents living close to the Animals'

S helter in which it was found that as many

a s 87 per cent of their close neighbours

w ould prefer to live next to the Animals'

S helter rather than see the site developed

f or housing; 89 per cent of residents did

n ot believe that the noise caused excessive

d iscomfort. While recognising that this

s urvey probably demonstrates a tolerance

a rising from many years of co-existence, it

i s nevertheless indicative that relocation

o f the Animals' Shelter is less imperative

t han might originally have been thought.

S ignificantly, and understandably, the

m anagement of the Woodville Hotel which a djoins the site maintain their concern,

a lthough it could be conversely argued that u se of the hotel pool by residents does on

o ccasion cause a disturbance to the

a nimals, and sets off the noise problem.

I n conclusion, the Committee realises that

i t has little chance, if any, of achieving

t he satisfactory relocation of the Animals' S helter from St. Saviour's Road. Against a b ackground of a diminished need to acquire s ites such as this for Category A housing

a nd the tolerance of the Animals' Shelter

f rom the majority of its neighbours, the

C ommittee has concluded that little purpose w ill be served by pursuing the matter

f urther.

T he Jersey Society for the Prevention of

C ruelty to Animals has always maintained t hat it has no desire to leave its present

s ite, but does need to make significant

i nvestments in the facilities it offers.

A ccordingly the Committee has decided, in p rinciple, and subject to an application,

t o allow that investment to be made in the r efurbishment and redevelopment of the

S helter at its existing site rather than in

t he establishment of a new Shelter

s omewhere else in the Island. It is

i ntended that in the design of these

i mprovements the opportunity to reduce

n oise problems is taken.''

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

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

Social Security (Reciprocal Agreement with Cyprus) (Jersey) Act 1994

THE STATES, in pursuance of Article 48 of the Social Security (Jersey) Law 1974, as

amended, made an Act entitled the Social Security (Reciprocal Agreement with Cyprus) (Jersey) Act 1994.

La Vieille Chapelle, La Rue du Champ du Rey, St. Martin

THE STATES, adopting a proposition of the Housing Committee -

 ( a) approved the sale of La Vieille

C h a pelle, La Rue du Champ du Rey, St. M a rtin, to Mrs. Joan Frances Birt, née M il ler, in the sum of £262,000, for the r e al ty, with each side being

r e sp onsible for their own legal fees;

 ( b) authorised the Attorney General and the G  re ffier of the States to sign the

n e c essary contracts.

Public Employees Contributory Retirement Scheme: proposals for the disposal of an actuarial

surplus - P.75/94

THE STATES, adopting a proposition of the Establishment Committee -

 ( a) approved, in principle, proposals for t h e disposal of the surplus in the

P u b lic Employees Contributory

R e t irement Scheme as revealed in the A ct uarial Report as at 31st December 1 9 9 2, as follows -

( i) the introduction, with effect from 1 st J a n uary 1993, of widowers'

p en s i o ns;

( ii ) an increase in the terms of

ex c h a n ging pension for a tax-free ca s h sum, from £9 to £13.50 for

ea c h  £ 1 of pension given up at

re t ir e m ent, to be applied

re t ro s p ectively in respect of all

p en s i o ners who have taken

ad v a n t age of this facility since

it w  a s introduced; and

( ii i)  a reduction in the employers'

co n t r ib u t ion rate from 15.6

p er c en t to 15.16 per cent of

m e m  b e rs ' pay, with effect from 1 st J a n u a ry 1993.

 ( b) authorised the Establishment Committee t o p romote the preparation of the

n e c essary draft legislation to give

e f fe ct to these proposals.

Senator Vernon Amy Tomes declared an interest in the matter and withdrew from the Chamber prior to the debate.

Inquests and Post-mortem Examinations (Jersey) Law 1994 - P.87/94

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

Law entitled the Inquests and Post-mortem Examinations (Jersey) Law 1994.

Policing of Roads (Amendment No. 5) (Jersey) Regulations 1994 - P.55/94

THE STATES, in exercise of the powers conferred upon them by the Order in Council of the twenty- sixth day of December 1851, Article 49 of the Road Traffic (Jersey) Law 1956, as

amended, and the Policing of Roads, Parks and Sea Beaches (Application of Fines) (Jersey) Law 1957, as amended, made Regulations entitled the Policing of Roads (Amendment No. 5) (Jersey) Regulations 1994.

Members present voted as follows -

P o u r'' (37) Senators

S henton, Jeune , Horsfall, Stein, Quérée, C hinn, Bailhache , Syvret, Tomes.

Connétable s

S t. Lawrence, St. Mary, St. Brelade , St. P eter, Grouville , St. Helier , Trinity , St. M artin, St. Ouen.

Deputies

R umboll(H), Wavell(S), Norman(C), St. John, S t. Ouen,  Huelin(B), St. Mary,

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

C respel(H), Pullin(S), Trinity , Johns(H),

M atthews(B), Routier(H), Grouville ,

H uet(H), St. Martin.

C o n tre'' (10) Senator

 L e Maistre. Connétable s

 S t. John, St. Saviour . Deputies

S t. Peter, H. Baudains(C), Coutanche(L), C arter(H), Duhamel(S), Dorey(H),

 L ayzell(B). Change of date

THE STATES acceded to the request of the President of the House Committee and waived Standing Order 4(1)(b) so that consideration could be given to changing the date for the next meeting scheduled for 23rd August 1994 to 6th September 1994 when redecoration of the States Chamber would be completed.

After discussion the States agreed to postpone the next meeting until 6th September 1994.

Members present voted as follows -

P o u r'' (37) Senators

J eune, Horsfall, Le Maistre, Stein, Quérée, C hinn, Bailhache , Syvret.

Connétable s

S t. Lawrence, St. Mary, St. Brelade , St. P eter, St. Helier , St. Ouen.

Deputies

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

H uelin(B), St. Mary, S. Baudains(H), Le

F ondré(L), Crespel(H), Pullin(S), Trinity ,

C arter(H), Johns(H), Duhamel(S),

M atthews(B), Routier(H), Layzell(B),

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

C o n tre'' (11) Senators

 S henton, Tomes. Connétable s

S t. John, Grouville , St. Saviour, Trinity , S t. Martin.

Deputies

C outanche(L), Le Geyt(S), Dorey(H), H uet(H).

Connétable of St. John - retirement

The Deputy Bailiff , on behalf of the Assembly, expressed regret with regard to the

circumstances surrounding the retirement of the Connétable of St. John, John Pepin Le Sueur, and paid tribute to his long service to his parish

and to the States.

Licensing (No. 8) (Jersey) Regulations 1994 - P.71/94

THE STATES, in pursuance of Article 92 of the Licensing (Jersey) Law 1974, as amended, made Regulations entitled the Licensing (No. 8) (Jersey) Regulations 1994.

Members present voted as follows -

P o u r'' (34) Senators

S henton, Jeune , Horsfall, Rothwell, Le M aistre, Stein, Quérée, Chinn, Syvret, T omes.

Connétable s

S t. Lawrence, St. Mary, St. Peter , St. H elier, St. Martin.