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STATES MINUTES 6 th S e p tember 1994 P ri c e : £ 1 . 5 0
T HE STATES assembled on Tuesday, 6th September 1994 at 9.30 a.m. under the Presidency of the Deputy Bailiff ,
P hilip Martin Bailhache , Esquire.
_ _ _ _ _ _ ______
All Members were present with the exception of -
S enator Richard Joseph Shenton - out of the I sland
S enator Terence John Le Main - absent
S enator Antony Beresford Chinn - out of the I sland
K enneth Priaulx Vibert , Connétable of St. O uen - out of the Island
P ercy John Le Masurier, Deputy of St. Ouen
- out of the Island
M argaret Anne Le Geyt, Deputy of St.
S aviour - out of the Island
_ _ _ _ _ _ ______
P r a y e rs
_ _ _ _ _ _ ______
Tribute to the late Mrs. A.M. Baal, former Member of the States
The Deputy Bailiff paid tribute to the late Mrs. Anne Mary Baal, former Senator.
THE STATES observed one minute's silence as a mark of respect.
Welcome to Connétable of St. John
The Deputy Bailiff , on behalf of the Members of the States, welcomed the newly elected Connétable of St. John, Mr. Carlyle John Le Herissier Hinault, former Deputy of St. John. Committee of Inquiry into circumstances leading to the release from contract of former Chief Executive Officer of Sport, Leisure and Recreation Department - resignation
The Deputy Bailiff informed the States
that, following the presentation to the States
of its report, the Committee of Inquiry into circumstances leading to release from contract
of former Chief Executive Officer of Sport, Leisure and Recreation Department had resigned.
Bailiff and Deputy Bailiff - forthcoming appointments: congratulations
Senator Reginald Robert Jeune , referring to the recent announcement that Mr. Philip Martin Bailhache and Advocate Francis Charles Hamon were to be appointed Bailiff and Deputy Bailiff respectively, congratulated them both on behalf of the Members of the States.
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Road Traffic (Saint Clement)
( A m endment No. 10) (Jersey) Order 1994. R & O 8706.
2 . Road Traffic (Saint Peter)
( A m endment No. 2) (Jersey) Order 1994. R & O 8707.
3 . Road Traffic (Saint Brelade)
( A m endment No. 5) (Jersey) Order 1994. R & O 8708.
4 . Battle of Britain Air Display
( J er sey) Order 1994. R & O 8709.
5 . Banking Business (List of
R e g istered Persons) (Amendment) ( J er sey) Order 1994. R & O 8710.
6 . Health Insurance (Pharmaceutical
B e n efit) (General Provisions)
( A m endment No. 3) (Jersey) Order 1994. R & 0 8711.
7 . Solicitors (Qualifying
E x a mination) (Re-examination) (Jersey)
R u l es 1994. R & O 8712.
8 . Royal Court (Amendment No. 4) R u l es 1994. R & O 8713.
9 . Bankruptcy (Désastre) (Jersey) ( A m endment No. 2) Rules 1994. R & O 8714.
1 0. Service of Process (Jersey) R u l es 1994. R & O 8715.
1 1. Companies (Application of Share
P r e miums) (Amendment) (Jersey) Order 1 9 9 4. R & O 8716.
1 2. Banking Business (General
P r o visions) (Amendment) (Jersey) Order 1 9 9 4. R & O 8717.
Matters presented
The following matters were presented to the States -
1 . Criminal Injuries Compensation
B o a rd report for 1993. R.C.21/94.
P r e sented by the Defence
C o m mittee.
T H E STATES ordered that the said report b e p rinted and distributed.
2 . Residential land availability -
J u ly 1994. R.C.22/94.
P r e sented by the Island
D ev elopment Committee.
T H E STATES ordered that the said r e p ort be printed and distributed.
Presented on 23rd August 1994
1 . Housing: States rental waiting
l is t and development programme as at
1 s t July 1994. R.C.18/94.
P r e sented by the Housing
C o m mittee.
T H E STATES ordered that the said report b e p rinted and distributed.
2 . Jersey Dental Scheme: report for
t h e year ended 31st December 1993. R . C .19/94.
P r esented by the Social Security
C o m mittee.
T H E STATES ordered that the said report b e p rinted and distributed.
3 . Release from contract of former
C h i ef Executive Officer of Sport,
L e i sure and Recreation Department:
r e p ort. R.C.20/94.
P r e sented by the Committee of
I n q uiry.
T H E STATES ordered that the said report b e p rinted and distributed.
Matters noted - land transactions
THE STATES noted Acts of the Finance and Economics Committee dated 1st and 15th August 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 renewal of the
l e as e to Ross Alcedo Company Limited of t h e Viviers (Letting Nos. V6 to V10) on
t h e Victoria Pier, measuring
1 , 7 35 square feet, for a further period
o f t hree years from 1st June 1994, at
a n a nnual rent of £5,135.11 (being an
i n cr ease of three per cent)
r e p resenting a rate of £2.96 a square
f o o t, payable six months in advance and
s u b ject to annual review;
( b) as recommended by the Housing
C o m mittee, the grant of a wayleave to
t h e Jersey Electricity Company Limited
o v e r Field No. 1517, Bellozanne, St.
H el ier, in order to facilitate an
e l ec tricity supply to the Le Douet de
S t e . Croix Estate, the sale of an area
o f l and measuring 4 metres by
6 . 5 metres as a sub-station site, and
t h e sale of a one metre by one metre
p l o t for a distribution section pillar,
f o r a total sum of £300, with each
p a r ty being responsible for its own
l e ga l costs;
( c) as recommended by the Housing
C o m mittee, a Deed of Arrangement
b e tw een the Les Vaux Housing Trust and t h e public in respect of the boundary
b e tw een No. 6 St. Saviour's Crescent,
S t . Saviour's Road and Strathmore',
N o . 80 St. Mark's Road, St. Saviour in
o r d er to ratify the encroachment of
N o . 6 St. Saviour's Crescent and
p r o vide reciprocal access rights, with e a c h party meeting its own legal costs;
( d) as recommended by the Agriculture and F i s heries Committee, the renewal of the l e as e to Mr. Arthur Walter Le Marquand
o f W arren Farm, Noirmont, St. Brelade,
c o m prising approximately 39 vergées of l a nd together with a dwelling house and
o u t buildings, for a further period of
n i n e years with effect from 24th
D ec ember 1993, at an annual rent of
£3 , 500 and subject to triennial review.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Diseases of Animals
( A m endment No. 4) (Jersey) Law 199 - P . 1 10/94.
P r e sented by the Agriculture and
F i s heries Committee.
2 . Draft Amendment (No. 15) of the S t a nding Orders of the States of
J e rs ey - P.111/94. Revised.
P r e sented by the House
C o m mittee.
Lodged on 9th August 1994
1 . Draft Parish Rate
( A d ministration) (Amendment No. 6)
( J er sey) Law 199 (P.35/94): amendments
- P . 101/94.
P r e sented by the Legislation
C o m mittee.
2 . Draft Cheques (Amendment)
( J er sey) Law 199 - P.102/94. Revised. P r e sented by the Finance and
E c o nomics Committee.
3 . Draft Judicial Fees (Amendment N o . 4) (Jersey) Regulations 199 - P . 1 03/94.
P r e sented by the Finance and
E c o nomics Committee.
4 . Draft Franchise (Amendment
N o . 5) (Jersey) Law 199 - P.104/94. P r e sented by the Legislation
C o m mittee.
Lodged on 23rd August 1994
1 . Draft Restriction on Smoking
( P u blic Transport) (Amendment) (Jersey) R e g ulations 199 - P.105/94.
P r e sented by the Public Health
C o m mittee.
2 . Draft Medicines (Jersey) Law 1 9 9 - P.106/94.
P r e sented by the Public Health C o m mittee.
3 . Draft Motor Vehicle Registration ( A m endment) (Jersey) Law 199 - P . 1 07/94.
P r e sented by the Defence
C o m mittee.
4 . Draft Motor Traffic (No. 5)
( J er sey) Regulations 199 - P.108/94. P r e sented by the Defence
C o m mittee.
5 . Draft Road Traffic (No. 45)
( J er sey) Regulations 199 - P.109/94. P r e sented by the Defence
C o m mittee.
Arrangement of public business for the present meeting
THE STATES acceded to the request of the President of the Education Committee that consideration of the Projet de Loi (199 ) (Amendement No. 5) sur l'Instruction Primaire (P.88/94 - lodged au Greffe'' on 5th July 1994) be deferred from the present meeting to 11th October 1994.
THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the present meeting -
D raft Parish Rate
( Administration) (Amendment No. 6) (Jersey) L aw 199 - P.35/94.
L odged: 15th March 1994.
L egislation Committee. (On 12.4.94 -
P reamble, Articles 1 and 2 and Article 3
( 1), (2) and (4) adopted, Article 3
p aragraph (3) rejected, and paragraphs (5)
a nd (6) were referred back to the
C ommittee. Further consideration of the B ill was deferred.)
D raft Parish Rate (Administration)
( Amendment No. 6) (Jersey) Law 199 ( P.35/94): amendments - P.101/94.
L odged: 9th August 1994.
L egislation Committee.
D raft Restriction on Smoking (Public
T ransport) (Amendment) (Jersey) Regulations 1 99 - P.105/94.
L odged: 23rd August 1994.
P ublic Health Committee.
D raft Motor Vehicle
R egistration (Amendment) (Jersey) Law 1 99 - P.107/94.
L odged: 23rd August 1994.
D efence Committee.
D raft Motor Traffic (No. 5) (Jersey) R egulations 199 - P.108/94.
L odged: 23rd August 1994.
D efence Committee.
D raft Road Traffic (No. 45) (Jersey) R egulations 199 - P.109/94.
L odged: 23rd August 1994.
D efence Committee.
Arrangement of public business for the next meeting on 27th September 1994
THE STATES noted that requests would be made at the next meeting on 27th September 1994 that the following matters lodged au Greffe' would be considered at that meeting -
D raft Cheques (Amendment) (Jersey) L aw 199 - P.102/94. Revised.
L odged: 9th August 1994.
F inance and Economics Committee.
D raft Judicial Fees (Amendment No. 4) ( Jersey) Regulations 199 - P.103/94.
L odged: 9th August 1994.
F inance and Economics Committee.
D raft Franchise (Amendment No. 5) ( Jersey) Law 199 - P.104/94.
L odged: 9th August 1994.
L egislation Committee.
D raft Medicines (Jersey) Law 199 - P .106/94.
L odged: 23rd August 1994.
P ublic Health Committee.
D raft Diseases of Animals (Amendment N o. 4) (Jersey) Law 199 - P.110/94.
A griculture and Fisheries Committee.
D raft Amendment (No. 15) of
t he Standing Orders of the States of J ersey - P.111/94. Revised.
H ouse Committee.
Projets withdrawn
THE STATES noted that, in accordance with Standing Order 17(6), the following subjects had been withdrawn -
S t. Helier Waterfront plan - west of
A lbert reclamation site: proposed use for h ousing - P.92/93.
L odged: 13th July 1993.
I sland Development Committee.
C olomberie House, St. Helier:
p urchase - P.118/93.
L odged: 10th August 1993.
I sland Development Committee.
C olomberie House, St. Helier -
p urchase (P.118/93): revised report - P .142/93.
P resented: 28th September 1993.
I sland Development Committee.
C olomberie House, St. Helier:
p urchase (P.118/93) - revised comments of t he Finance and Economics Committee.
International conventions - questions and answers (Tape No. 250)
Deputy Imogen Stephanie Nicholls of Grouville asked Senator Reginald Robert Jeune , President of the Policy Resources Committee, the following questions -
1. W ould the President confirm
w h e th e r -
( a ) the United Nations Covenant on C iv i l a nd Political Rights has b ee n r atified for Jersey? and
( b ) the United Nations International C o v enant on Economic, Social and C u l tural Rights has been ratified for J e rs ey?
2 . Would the President clarify when and by w h om the decisions whether these
C o v enants should be ratified for Jersey
w er e made?
3 . Would the President confirm whether J e rs ey has accepted the equal pay for
e q u al work provision (that is equal pay f o r men and women) contained under
A rt icle 7 of the International Covenant
o n Economic, Social and Cultural
R i g hts?
4 . Would the President clarify when and by w h om the decision to accept, or
d e r ogate from, Article 7 was taken?
5 . Would the President -
( a ) confirm whether Jersey has
b ee n in cluded in the ratification
o f th e United Nations Convention
o n t h e Elimination of All Forms of
D i sc r im ination against Women? and
( b ) clarify when and by whom the
d ec i s io n whether or not to include Je r s e y in the ratification was
m a d e?
6 . Having indicated in the 1994 Strategic P o l icy Report and Action Plan that a
c o m prehensive list will be compiled of a l l international conventions and
t re a ties that apply to Jersey, would
t h e President think it appropriate in
v i ew of the approaching 50th
A n niversary of the Liberation to
p r o duce this information in booklet
f o rm for the use of the general
p u b lic?''
The President of the Policy and Resources Committee replied as follows -
1. T he United Kingdom deposited its
In s t ru m ent of Ratification to both
C o v e n ants on 20th May 1976. At
th i s t im e, both Covenants were ex t e n d ed to the Island.
2 . The two Covenants were considered by t h e Legislation Committee during the
p e r iod 6th September 1974 to 20th
F e b ruary 1976. (For your information,
t h at Committee had responsibility for
s u c h matters until the creation of the
P o l icy and Resources Committee in
1 9 8 9). The Legislation Committee was
a d v ised by the Law Officers of the
C r o wn that neither Covenant had a
t e rr itorial application clause.
C o n sequently, the Covenant applied ipso f a ct o to Jersey on ratification by H.M.
G o vernment.
3 . Jersey accepted Article 7 of the
I n te rnational Covenant on Economic,
S o c ial and Cultural Rights. At the time
o f r atification the United Kingdom
s u b mitted, on behalf of the Jersey and
t h e other dependent territories, a
r e se rvation to the effect that the
U n ited Kingdom Government reserved the r ig h t to postpone the application of
s u b -paragraph (i) of paragraph (a) of
A rt icle 7, in so far as it concerns the
p r o vision of equal pay to men and women f o r equal work in the private sector.
4 . The decision to request the reservation w as taken by the Legislation Committee a t a meeting on 20th February 1976
a f te r consultation with Her Majesty's
L a w Officers.
5 . (a) Jersey has requested that the
U n i te d Nations Convention on the E li m i n ation of All Forms of
D i sc r im ination Against Women
sh o u l d not be extended to the
Is l an d ;
( b ) the above decision was made by
th e L e gislation Committee on 19th
M a y 1 986, the matter having
o ri g in a lly been referred to it by
th e B a iliff on 31st October 1985.
A n A c t of the Legislation
C o m m ittee dated 16th December 1985 co m m ents on the fact that it had
sp e n t a considerable amount of
ti m e o n this subject, the Act also
st a ti n g that -
H av i n g noted that acceptance
o f th e C o nvention would
re q u i re th e enactment of
le g i sl a ti on and the
es t a b li s h ment of tribunals
et c ., t h e C ommittee decided it w o u l d n o t wish to commit the Is l an d t o enacting lengthy
co m p l e x legislation on the
li n e s o f t he United Kingdom S e x D is c rimination and Equal P a y A ct s , with the resultant
ad m i n is t rative costs to the
Is l an d '.
6 . As indicated in paragraph 9.28 of the
1 9 9 4 Strategic Policy Review and Action P l a n the task of compiling a list of
i n te rnational conventions and
a g r eements to which the Island is party
i s c urrently under way. Indeed, the
C o m mittee is financing the employment
o f a temporary member of staff within
t h e States Greffe to undertake this
w o rk.
T h e compilation of a single
c o m prehensive database on international a g r eements and conventions in so far as t h ey affect Jersey is the Committee's
f ir m intention. There are still gaps in
o u r information which need to be filled ( w i th the assistance of Her Majesty's
G o vernment).
C e r tain information on conventions
a n d agreements is already available to
t h e public by enquiring at the States
G re ffe. With regard to the future, the
C o m mittee will in due course be looking a t t he various options available on how
t o p ublish this information, so that it
c a n be freely and easily accessed by
t h e general public.''
Rozel bus terminus: transfer of administration
THE STATES, adopting a proposition of the Defence Committee, approved the transfer from the Defence Committee to the Public Services Committee of the administration of the land occupied by the bus terminus at Rozel, St. Martin , as shown coloured red on plan 7/D/4. Computer Misuse (Jersey) Law 1994 - P.92/94
THE STATES subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Computer Misuse (Jersey) Law 1994.
7 Springfield Crescent, St. Helier: sale to Nemo Charitable Association - P.83/94
THE STATES, adopting a proposition of the Housing Committee -
( a) approved the sale to the Nemo
C h a ritable Association of 7 Springfield C r e scent, St. Helier , for the sum of
£1 0 .00 for the realty with each side
b e in g responsible for the payment of
i ts o wn legal costs;
( b) authorized the Attorney General and the G re ffier of the States to pass the
n e c essary contract;
( c) authorized the Treasurer of the States t o r eceive the amount involved in the t ra n saction.
Grands Vaux Youth and Community Centre: approval of drawings - P.95/94
THE STATES, adopting a proposition of the Education Committee -
( a) approved drawings Nos. 2419/103-106, 1 1 0 , 111, 115, 120, 121, 124 and 130
s h o wing the refurbishment and extension t o t he existing Grands Vaux Youth and
C o m munity Centre, St. Saviour ;
( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t h e States.
Motor Traffic (Third-Party Insurance) (Amendment No. 9) (Jersey) Law 1994 - P.96/94
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a
Law entitled the Motor Traffic (Third-Party Insurance) (Amendment No. 9) (Jersey) Law 1994. Gambling (Licensing Provisions) (Amendment No. 9) (Jersey) Regulations 1994 - P.97/94
THE STATES, in pursuance of Article 3 of the Gambling (Jersey) Law 1964, as amended, made Regulations entitled the Gambling (Licensing Provisions) (Amendment No. 9) (Jersey) Regulations 1994.
Gambling (Betting) (Amendment No. 7) (Jersey) Regulations 1994 - P.98/94
THE STATES, in pursuance of Article 3 of the Gambling (Jersey) Law 1964, as amended, made Regulations entitled the Gambling (Betting) (Amendment No. 7) (Jersey) Regulations 1994.
Merchandise Marks (Amendment No. 2) (Jersey) Law 1994 - P.99/94
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a
Law entitled the Merchandise Marks (Amendment No. 2) (Jersey) Law 1994.
Parish Rate (Administration) (Amendment No. 6) (Jersey) Law 1994 - P.35/94, P.101/94
THE STATES continued consideration of the draft Parish Rate (Administration) (Amendment No. 6) (Jersey) Law 199 , having on 12th April 1994 adopted the Preamble and Articles 1 and 2 and, having in Article 3 adopted paragraphs (1), (2) and (4) of Article 14, rejected paragraph (3)
and referred back to the Committee paragraphs (5) and (6).
Article 3 was adopted, the States having accepted an amendment of the Legislation Committee that paragraph (4) of Article 14 be renumbered paragraph (3) and that for paragraphs
(5) and (6) of Article 14 there should be substituted the following paragraphs -
(4 ) The members of the Board hearing a n appeal shall, after consultation with
t he supervisory committee, have power to
o btain expert advice in cases in which they
c onsider it to be necessary, and the parish
i n which the land to which the appeal
r elates is situated shall defray any
e xpenses so incurred, unless the
s upervisory committee shall otherwise d etermine.
(5 ) The secretary of the
s upervisory committee shall ex
o fficio be clerk to the Board:
P rovided that the supervisory committee may a ppoint another person as clerk to the
B oard and shall fix his salary and
d etermine the conditions of his
a ppointment.''
and that in paragraph (1) of Article 14A for the word twenty -one'' there should be substitued the word fourteen''.
Article 4 was adopted.
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Parish Rate (Administration) (Amendment No. 6) (Jersey) Law 1994.
Restriction on Smoking (Public Transport) (Amendment) (Jersey) Regulations 1994 - P.105/94
THE STATES, in pursuance of Article 1 of the Restriction on Smoking (Jersey) Law 1973, made Regulations entitled the Restriction on Smoking (Public Transport) (Amendment) (Jersey) Regulations 1994.
Motor Vehicle Registration (Amendment) (Jersey) Law 1994 - P.107/94
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Motor Vehicle Registration (Amendment) (Jersey) Law 1994.
Motor Traffic (No. 5) (Jersey) Regulations 1994 - P.108/94
THE STATES, in pursuance of the powers conferred on them by the Order in Council of the twenty-
sixth day of December 1851 and Article 54A of
the Motor Traffic (Jersey) Law 1935, as amended, made Regulations entitled the Motor Traffic
(No. 5) (Jersey) Regulations 1994. Road Traffic (No. 45) (Jersey) Regulations 1994 - P.109/94
THE STATES, in pursuance of the powers conferred on them by the Order in Council of the twenty-
sixth day of December 1851 and Article 49 of the Road Traffic (Jersey) Law 1956, as amended, made Regulations entitled the Road Traffic (No. 45) (Jersey) Regulations 1994.
THE STATES rose at 12.26 p.m.
C .M . N E W C O MBE D e p u ty Greffier of the States.