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STATES MINUTES 6t h D ecem ber 1994 P ri c e : £ 1.50
T HE STATES assembled on Tuesday, 6th December 1994 at 9.30 a.m. under t he Presidency of the Bailiff ,
S i r P eter Crill, C.B.E.
__ _______ ___
His Excellency the Lieutenant Governor, Air Marshal Sir John Sutton, K.C.B.,
w as pr e sent.
__ _______ ___
All Members were present with the exception of -
S enator Corrie Stein - ill
J ack Roche, Connétable of St. Saviour - ill S hirley Margaret Baudains, Deputy of St. H elier - out of the Island
J ohn Nicolle Le Fondré, Deputy of St.
L awrence - ill
__ _______ ___
P r aye rs
__ _______ ___
Tribute to the late Mr. W.C. De Gruchy, former Connétable of St. Martin
The Bailiff paid tribute to Mr. Winter Chevalier De Gruchy, former Connétable of St. Martin .
THE STATES observed one minute's silence as a mark of respect.
Subordinate legislation tabled
The following enactment was laid before the States, namely -
A mendment (No. 17) to the Tariff of H arbour and Light Dues. R & O 8760.
Matters presented
The following matter was presented to the States -
H .M. Inspector of Fire Services:
S t a tes of Jersey Fire Service 1994: r ep ort.
P resented by the Defence Committee.
The following matter was presented to the States on 29th November 1994 -
S tatistical Review 1994.
P resented by the Finance and E conomics Committee.
Matters noted - land transactions
THE STATES noted an Act of the Finance and Economics Committee dated 28th November 1994, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Public Health
C om mittee, the lease from Mr. Wilfred
L e B run Pipon of the property, The
F l a t, Willorn, Chemin du Moulin, Five
Mi l e Road, St. Ouen , from 1st December 1994 t o 30th November 1995 at an annual r en t of £4,420 payable monthly in
adva nce, with an option to extend for a
f ur t her year or longer where
appr opriate;
( b) as recommended by the Housing
C ommittee, the sale to Mr. Peter
S t rat ton and Mrs. Jane Anne Stratton,
née Brennan, of an area of land
m eas uring 1,870 square feet adjacent to F i e ld No. 1311, Mont au Prêtre, St.
H e l ier, for a sum of £3,740
( repr esenting a rate of £2 a square
f oot ), subject to the necessary
pl anni ng application/change of use
bei ng obt ained, a restriction that no
bui lding works would be undertaken on t he l and, that the public retained
s pec ific service rights over the land
( toget her with the relevant right of
acc ess upon it to establish and repair
s er vi ces), and with the purchasers
bei ng r esponsible for all legal costs
i nv olved in the transaction;
( c) as recommended by the Housing
C om mittee, the sale to the Jersey
E l e ctricity Company Limited of an area of l and measuring one square metre at
t he S t. Paul's Gate development in New S treet, St. Helier , for the building of
a di stribution section pillar, for the nom inal sum of £1 and the grant of a w a yl eave for the associated cabling, w i t h each party being responsible for t he paym ent of its own legal costs;
( d) as recommended by the Housing
C om mittee, the cession to the Parish of S t . H elier of -
( i) the carriageway and footpaths
be t w een La Route de la Trinité and L a R ue de la Hauteur;
( ii ) t he grass hump verge on the
nor t h er n boundary of the estate
road f r om the edge of the
ca r r iag eway to the boundary stones at t he t op of the hump (which ran
fr om L a Route de la Trinité to the
en t r ance of the dairy farm);
( ii i) t he verge on the south side of the e s t at e road from La Route d e l a T r ini té to the boundary
w i th d w e lling No. 1 of Le Clos d e Mo n S ejour estate (the
v er ge ext ended from the rear
o f t he f oot path to the south
b oundar y l ine);
( iv ) six tree-planted triangular areas to t h e r ear of the footpath on the es t a te r oadway;
f or a no minal consideration of £10; and t he s ale of a strip of land measuring appr oximately 1,115 square feet on La R out e du Petit Clos to the Parish of
S t . H elier for the nominal sum of £10, w i t h each party being responsible for
i ts ow n legal costs involved in the
t rans action;
( e) as recommended by the Island
D e vel opment Committee, the lease from
Mr s . Mary Carmen Le Brocq, née Scriven, of N o. 18 Belmont Gardens, Belmont
R oad, S t. Helier (a one-bedroom
t er r aced house, required as
acc ommodation for a secondee from
D r i vers Jonas) for a period of three
m o nths from 1st December 1994, with an opt ion to extend for a further term, at
an a nnual rent of £7,260 payable
m o nthly in advance.
Matters lodged
The following subjects were lodged au
Greffe'' -
1 . Draft Companies (Amendment
N o . 2 ) (Jersey) Law 199 - P.162/94. P r es ented by the Finance and
E conom ics Committee.
2 . Draft Bankruptcy (Désastre)
( A m endment) (Jersey) Law 199 - P .163/ 94.
P r es ented by the Finance and
E conom ics Committee.
The following subjects were lodged on 29th November 1994 -
1 . Criminal Injuries Compensation
S chem e: further amendment - P.156/94. P r es ented by the Defence
C om mittee.
2 . Projet de Loi (199 )
( A m endement) sur la Voirie - P.157/94. P r es ented by the Comité des
S er vices Publics.
3 . Mortgage interest relief on
J er s ey residential property - P.158/94. P r es ented by Deputy A. Breckon
of S t. Saviour.
4 . Draft Powers of Attorney
( Je r sey) Law 199 - P.159/94. P r es ented by the Legislation C om mittee.
5 . Draft Licensing (No. 9) (Jersey) R egul ations 199 - P.160/94.
P r es ented by the Tourism
C om mittee.
6 . States of Jersey Airport:
oper ation of jet aircraft - P.161/94. P r es ented by the Harbours and
A i r port Committee.
Arrangement of public business for the present meeting
The Vice-President of the Harbours and Airport Committee withdrew the proposition regarding the operation of jet aircraft at the States of
Jersey Airport (P.127/94 - lodged au Greffe''
on 11th October 1994) having lodged a revised proposition on 29th November 1994 (P.161/94).
Arrangement of public business for the next meeting on 13th December 1994
THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the
next meeting on 13th December 1994 -
D raft Adoption (Amendment No. 3) (Jersey) L aw 199 - P.150/94.
L odged: 22nd November 1994.
E ducation Committee.
D raft Public Service Vehicles (Fees)
( Amendment No. 5) (Jersey) Regulations 1 99 - P.152/94.
L odged: 22nd November 1994.
D efence Committee.
D raft Family Allowances (Jersey) R egulations 199 - P.154/94.
L odged: 22nd November 1994.
S ocial Security Committee.
C riminal Injuries Compensation
S cheme: further amendment - P.156/94 L odged: 29th November 1994.
D efence Committee.
P rojet de Loi (199 ) (Amendement) sur l a Voirie - P.157/94.
L odged: 29th November 1994.
C omité des Services Publics.
D raft Powers of Attorney (Jersey) Law 1 99 - P.159/94.
L odged: 29th November 1994.
L egislation Committee.
D raft Licensing (No. 9)
( Jersey) Regulations 199 - P.160/94. L odged: 29th November 1994.
T ourism Committee.
S tates of Jersey Airport: operation
o f jet aircraft - P.161/94.
L odged: 29th November 1994.
H arbours and
A irport Committee.
Public Employees Contributory Retirement Scheme Committee of Management: appointment of Chairman
THE STATES, adopting a proposition of the Finance and Economics Committee approved, in accordance with Regulation 3(6) of the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989, the appointment of Mr. Ronald John Amy as Chairman of the Committee of Management, for a period of three years commencing 1st July 1993.
Public Employees Contributory Retirement Scheme Committee of Management: membership
THE STATES, adopting a proposition of the Establishment Committee approved, in accordance with Regulation 3(2) of the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989, the appointment of
the Committee of Management, for a period of three years commencing 1st January 1995 as follows -
E mployer representatives
S enator R.R. Jeune , O.B.E.
S enator A.B. Chinn
S enator S. Syvret
D eputy F.H. Walker
D eputy D.L. Crespel
T reasurer of the States
C hief Executive Officer, States' Personnel D epartment
E mployee representatives
M r. B. Tucker
M r. J.H. Lees
M r. M.B. Kavanagh M r. M.J. Hingston M r. F.A. Greene
M r. M.D. Orbell
M iss B. Ward
First Tower School, St. Helier - extension and remodelling: approval of plans
THE STATES, adopting a proposition of the Education Committee -
( a) approved drawings Nos. 2717/75 - 85 and 98 - 102 showing the extension to and the
r em odelling of First Tower Primary
S chool , St. Helier ;
( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t he S tates.
Hue Court, Dumaresq Street, St. Helier : approval of drawings and acceptance of tender - P.148/94
THE STATES, adopting a proposition of the Housing Committee -
( a) approved drawings
N o s . 1384/03A/05A/08A/09A/
10/ 11/12/13A/14/15A/16A/17B/18A/19/20/2 1/ 2 3/24 showing the refurbishment of
t he 30 l ow rise flats at Hue Court,
D u m aresq Street, St. Helier ;
( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t he S tates.
( c) accepted the tender submitted by
C har les Le Quesne (1956) Limited for t he r efurbishment in the sum of
£ 883,1 75 with a contract period of 26
w e eks .
Post Office (Amendment) (Jersey) Law 1993 (Appointed Day) Act 1994 - P.149/94
THE STATES, in pursuance of Article 5 of the Post Office (Amendment) (Jersey) Law 1993, made an Act entitled the Post Office (Amendment) (Jersey) Law 1993 (Appointed Day) Act 1994.
Budget 1995
THE STATES commenced consideration of the Budget for the financial year commencing 1st January
1995, which in accordance with Article 16 of the Public Finances (Administration) (Jersey) Law
1967, as amended, had been presented to the
Assembly on 15th November 1994, by the Finance
and Economics Committee and comprised -
( i) the estimate of the revenue expenditure and o f the income of the Committees of t he S tates;
( ii) t he estimate of the transactions of t he t rading funds;
( iii) the estimate of the transactions of t he cap ital fund; and
( iv) t he report of the Finance and
E co nom ics Committee thereon.
THE STATES, having considered the estimates of the revenue expenditure and of the income of the various Committees, decided to allow the said estimates as detailed in the undermentioned
pages of the Budget as follows -
P olicy and Resources Committee - Pages 2 a nd 3.
F inance and Economics Committee - Pages 2, 3 , 4, 5, 6, 7, 8, 9, 10 and 11.
D efence Committee - Pages 12, 13, 14 and 1 5.
P ublic Services Committee - Pages 16, 17, 1 8, 19, 20, 21, 22 and 23.
E ducation Committee - Pages 24, 25, 26, 27, 2 8, 29, 30 and 31.
THE STATES commenced consideration of
an amendment of Senator John Stephen Rothwell that a sum of £50,000 should be added to vote No. 2816 School Support Services - Miscellaneous'' in order to comply with the wish of the States that school milk should continue
to be supplied for primary school children after September 1995.
Having received an undertaking that sufficient funds were at present available to provide school milk for the first two terms of 1995, and that a full report would be prepared for debate early in 1995, Senator Rothwell withdrew his amendment.
THE STATES rejected an amendment of Senator Stuart Syvret that sums of £200 and £50,000 should be added to vote No. 2805
Special Education - supplies and services'' and vote No. 2806 Special Education - Handicapped Children'' respectively to restore the votes to their 1994 level.
Members present voted as follows -
P ou r '' (1 ) Senator
S yvret.
C ont r e''(44) Senators
S henton, Jeune , Horsfall, Rothwell, Le M aistre, Quérée, Chinn, Bailhache .
Connétable s
S t. Clement, St. Lawrence , St. Mary , St. B relade, St. Peter , Grouville , St. Helier , T rinity, St. Martin , St. Ouen , St. John .
Deputies
W avell(S), Norman(C), St. Peter ,
H . Baudains(C), Le Sueur (H), St. Ouen , C outanche(L), Huelin(B), St. Mary ,
W alker(H), Crespel(H), Pullin(S), Trinity , C arter(H), Johns(H), Duhamel(S),
M atthews(B), Routier(H), Dorey(H),
L ayzell(B), Breckon(S), Grouville , Huet(H), S t. Martin, St. John .
P ublic Health Committee - Pages 32, 33, 34 a nd 35.
A griculture and Fisheries Committee - Pages 3 6 and 37.
T ourism Committee - Pages 38 and 39.
S ocial Security Committee - Pages 40 and 4 1.
P lanning and Environment Committee - Pages 4 2 and 43.
H ousing Committee - Pages 44 and 45.
E stablishment Committee - Pages 46 and 47. P rison Board - Pages 48 and 49.
S port, Leisure and Recreation Committee - P ages 48 and 49.
E tat Civil Committee - Pages 50 and 51.
C ottage Homes Committee - Pages 50 and 51.
G ambling Control Committee - Pages 50 and 5 1.
L egislation Committee - Pages 50 and 51. O verseas Aid Committee - Pages 52 and 53.
THE STATES commenced consideration of
an amendment of Senator Stuart Syvret that vote No. 6006 Overseas Aid'' should be restored to
its 1994 level. Senator Syvret withdrew his amendment, having received an assurance from the President of the Finance and Economics Committee that when the Overseas Aid Committee had identified its programme for 1995 his Committee would not oppose a request at the April 1995 Supply Day for a supplementary vote of credit to restore the vote to its 1994 level.
B roadcasting Committee - Pages 52 and 53.
I ndustrial Relations Committee - Pages 52 a nd 53.
O ccupation and Liberation Committee - Pages 5 2 and 53.
H ouse Committee - Pages 54 and 55.
H arbours and Airport Committee - La
C ollette Reclamation Scheme - Pages 54 and 5 5.
Committee of Inquiry - Pages 54 and 55.
S pecial Committee on Freedom of I nformation - Pages 54 and 55.
T RADING COMMITTEES
H arbours and Airport Committee - Pages 56 a nd 57.
T elecommunications Board - Page 58.
C ommittee for Postal Administration - Page 5 9.
THE STATES, having considered the estimated transactions of the Trading Funds, decided to allow the said estimates as detailed in the undermentioned pages of the Budget as follows -
T RADING FUNDS H arbours - Page 60
A irport - Page 60
T elecommunications Board - Page 61
C ommittee for Postal Administration - Page 6 1.
THE STATES, referring to the summary of income and revenue expenditure appearing on page 69 agreed the total revenue expenditure in the sum
of £378,307,100; the total income from Committees in the sum of £163,590,800; the total investment income in the sum of £4,900,000 and having allowed for a deficit at 31st December 1994 of (£3,954,900) and the estimated transfer
to Trading Funds of £6,249,500, agreed the amount to be transferred to the general reserve
in the sum of £11,000,000.
THE STATES noted that on the basis of levels of taxation proposed by the Finance and Economics Committee the surplus on the revenue account to be transferred to the capital fund amounted to £8,260,300.
Having allowed for a balance of £32,718,800 to be brought forward at 1st January 1995, the transfer from the strategic reserve of £7,000,000, and taking into account the capital repayments and receipts of £21,268,000, the States noted that there would be available in
the capital fund the sum of £69,247,100. The
States then proceeded to consider the estimates
of capital expenditure recommended by the
Finance and Economics Committee on pages 62 and 63 of the Budget and -
N ON-TRADING COMMITTEES
T he estimate of the capital expenditure of t he Finance and Economics Committee
a ppearing on page 62 of the Budget was a llowed.
T he estimate of the capital expenditure of
the Defence Committee appearing on page 62
o f the Budget was allowed.
T he estimate of the capital expenditure of
t he Public Services Committee appearing on p age 62 of the Budget was allowed.
T he estimate of the capital expenditure of
t he Education Committee appearing on page 6 2 of the Budget was allowed.
T he estimate of the capital expenditure of t he Public Health Committee appearing on p age 62 of the Budget was allowed.
T he estimate of the capital expenditure of t he Establishment Committee appearing on p age 62 of the Budget was allowed.
T he estimate of the capital expenditure of t he Planning and Environment Committee a ppearing on page 62 of the Budget was
a llowed.
T he estimate of the capital expenditure of
t he Housing Committee appearing on page 62
o f the Budget was allowed.
T he estimate of the capital expenditure of t he Prison Board appearing on page 63 of t he Budget was allowed.
The estimate of the capital expenditure of
t he Sport, Leisure and Recreation Committee a ppearing on page 63 of the Budget was
a llowed.
T he estimate of the capital expenditure of t he Occupation and Liberation Committee a ppearing on page 63 of the Budget was
a llowed.
T RADING COMMITTEES
T he estimate of the capital expenditure of t he Harbours and Airport Committee
a ppearing on page 63 of the Budget was a llowed.
T HE STATES having terminated the discussion
o n the capital estimates noted that the
a mount to be voted from the Capital Fund
w as £63,321,000 (with a loan sanction
£ 25,000,000 and loan sanction repayments of
£ 10,700,000).
T HE STATES then proceeded to consider the e stimates of capital expenditure to be
f inanced from the Trading Funds on page 64
o f the Budget and -
T he estimate of the capital expenditure of t he Harbours and Airport Committee
a ppearing on page 64 of the Budget was a llowed.
T he estimate of the capital expenditure of
t he Telecommunications Board on page 64 was a llowed.
T he estimate of the capital expenditure of t he Committee for Postal Administration a ppearing on page 64 of the Budget was a llowed.
T HE STATES considered the estimates of i ncome to be produced from taxation
a ppearing on page 67 of the Budget and
a greed the estimate as follows -
£ £
I mpôts on spirits 4,069,00 0
I mpôts on wines 2,776 ,000
I mpôts on beer 1,91 7,000
I mpôts on tobacco 7,780,00 0 I mpôts on motor fuel 4,639,000
G oods imported into the Island 400, 000 2 1,581,000
I ncome tax 21 7,700,00 0
THE STATES adopted in second reading a Bill to continue certain expiring fiscal Laws; to prescribe the standard rate of income tax for
the year nineteen hundred and ninety-five; to amend further the law relating to income tax to increase certain personal allowances and reliefs and in respect of deductions on account of
social security contributions, and to make new provision with regard to the taxation of certain partnerships, and to modify provisions relating
to payments made under covenants and donations to charity and in respect of tax credits and annuity contracts and purchased life annuities; and to increase the fee for registration under
the Banking Business (Jersey) Law 1991, as amended; and to increase tobacco duty and oils and spirits duty.
The said Bill was lodged au Greffe''.
THE STATES, in pursuance of Article 25 of the Public Finances (Administration) (Jersey) Law 1967, as amended, have declared that the Bill to continue certain expiring fiscal Laws; to prescribe the standard rate of income tax for
the year nineteen hundred and ninety-five; to amend further the law relating to income tax to increase certain personal allowances and reliefs and in respect of deductions on account of
social security contributions, and to make new provision with regard to the taxation of certain partnerships, and to modify provisions relating
to payments made under covenants and donations to charity and in respect of tax credits and annuity contracts and purchased life annuities; and to increase the fee for registration under
the Banking Business (Jersey) Law 1991, as amended; and to increase tobacco duty and oils and spirits duty (which Bill has this day been lodged au Greffe''), shall immediately have effect as if it were a Law passed by the States and sanctioned by Her Majesty in Council.
THE STATES having terminated the discussion on the Budget agreed the summary of the estimated income and revenue expenditure for 1995 appearing on page 69 of the Budget as follows -
INCOME
£ £ £
Taxation 239,2 81,00 0
Committees 163 ,590,80 0
Investment income 4,900, 000
407,7 71,80 0
LESS
Revenue expenditure 378 ,307,100
Estimated deficit
b rought forward
a t 1st January 1995 3,954,900
Estimated transfer
t o Trading Funds 6 ,249,50 0 388,511, 500
19,26 0,300
APPROPRIATION TO RESERVES
General reserve 11,0 00,000 Balance to be
t ransferred to
c apital fund 8,260,3 00
THE STATES further agreed the estimated transactions of the capital fund for 1995 as follows -
Balance brought
forward 32 ,718,800
Transfer from Strategic
Reserve 7, 000,000
Capital repayments
and receipts 21,268 ,000
Estimated balance on
revenue account 8,260 ,300
(as above) 69,247 ,100
Capital expenditure 63,321,000
LESS:
Loan sanctions 25,000,000
38 ,321,000
PLUS:
Loan sanction
repayments 10,700,000 49, 021,000
Estimated balance
in hand at 31st
December 1995 £ 20,2 26,10 0
THE STATES rose at 6.15 p.m.
G .H .C . C O P P O C K G r ef fi e r of the States.