States Assembly 10th October 1995

STATES MINUTES 10t h O ct ober 1995

T HE STATES assembled on Tuesday, 10th October 1995 at 9.30 a.m. under

t he Presidency of the Bailiff ,

P hilip Martin Bailhache , Esquire

__ _______ ___

His Excellency the Lieutenant Governor,

 General Sir Michael Wilkes, K.C.B., C.B.E, w as pr e sent.

__ _______ ___

All Members were present with the exception of -

S enator Richard Joseph Shenton - out of the I sland

S enator Reginald Robert Jeune - out of the I sland

S enator Pierre François Horsfall - out of

t he Island

S enator Corrie Stein - out of the Island

E dwin Le Gresley Godel, Connétable of St. Mary - out of the Island

J ack Roche, Connétable of St. Saviour - ill J ohn Baudains Germain, Connétable of St. M artin - out of the Island

M ichael Adam Wavell, Deputy of St.

S aviour - out of the Island

F rank Harris on Walker , Deputy of St.

H elier - out of the Island

G ary Matthews, Deputy of St. Brelade - out

o f the Island.

__ _______ ___

P r aye rs

__ _______ ___

Subordinate legislation tabled

The following enactments were laid before the States, namely -

1 . Social Security (Earnings Limit) ( Je r sey) Order 1995. R & O

8861.

2 . Establishments for Massage or S peci al Treatment (Licence Fees) ( Je r sey) Order 1995. R & O 8862.

3 . Ancillary Dental Workers

( R egi stration) (Fees) (Jersey) Order 1995. R & O 8863.

3 . Nursing Agencies (General Provisions)

( A m endment No. 11) (Jersey) Order 1995. R & O 8864.

4 . Food and Drugs (Ice-Cream

S t a lls, etc.) (Amendment No. 16) ( Je r sey) Order 1995. R & O 8865.

Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 2nd October 1995, 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 i r port Committee, the renewal of the l eas e to Huelin- Renouf Airfreight

L i m ited of freight bays (Lettings

N o s . B119 and B135) measuring a total ar ea of 2,880 square feet, for a period

of t hree years from 1st January 1995 at an i nitial annual rent of £12,768

( repr esenting a rate of £4.43 a square

f oot ) subject to annual review on 1st

J anu ary;

( b) as recommended by the Public

S er vices Committee, the purchase from

Mr . T homas Siouville Perchard of

1.065 s quare feet of land in Field

N o . 454A , St. Saviour , required to

i m pl ement a road improvement scheme at t he j unction between La Route de la

H o ugue B ie and La Rue de la Hambye, St. S avi our, for a consideration of £1,065

w i t h the Committee being responsible

f or al l reasonable legal fees involved

i n t he transaction and for the cost of

al l ac commodation works required;

( c) as recommended by the Housing

C om mittee, the payment of £12,500 to eac h of the undermentioned owners of pr op erties located at Hautbois Terrace, B el lozanne Road, St. Helier , namely -

N o . 1 - Mrs. Elizabeth Apperley, née B ar ry;

N o . 2 - Mr. Hedley Amy Baal and Mrs.

S he i la M ay Baal, née Noel;

N o . 3 - Mr. John Henry Knight and Mrs. B r i dge t M arie-Helene Bernadette

K ni ght , née Anger;

N o . 4 - Mrs. Phylliss Eva Mary Jane

H uc het , née Ahier ;

N o . 5 - Mr. Ronald Francis Turner and

M rs . Mar garet Joyce Turner, née

P oo l e;

N o . 6 - Mr. Joseph Charles Beachamp;

N o . 7 - Mr. Peter John Hill and Mrs.

S ge r e e L ynette Hill, née Dore;

N o . 7 (a) - Mr. Leslie William Boddie;

i n r eturn for the passing of an

her editary contract of arrangement t ha t  -

( 1 ) acknowledged the error in both the 199 1 dee d of arrangement and the

sa l e by Mr s. Huchet and which

rem oved t he ten foot height

res tr i ct ion imposed from the land

be yond, na mely the west, of the

165 f ee t distance from Bellozanne

R oad , and t hat such restriction

onl y ap plied to the land within

that di stance; and

( 2 ) made provision that all buildings

co ns t ruct ed within the 165 feet

di s tance would remain and could be repai re d and rebuilt as presently

  co ns tructed notwithstanding any

al l eged o r actual breach of the

res tr i ct ive covenants imposed in

ei t h er t he 1991 deed of

ar r a ngem ent or the sale by Mrs.

H uche t,

w i t h each party being responsible for t he i r own legal costs.

Matter noted - acceptance of tender

THE STATES noted an Act of the Finance and Economics Committee dated 2nd October 1995, 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 nine tenders, namely that submitted by Hacquoil and Cook Limited, in the sum of £288,905 for the redevelopment of St. James Centre, St. Helier .

Matters lodged

The following subjects were lodged au

Greffe'' -

1 . Draft Air Transport Permits

( Je r sey) Regulations 199 - P.137/95. P r es ented by the Jersey

T r an sport Authority.

2 . Elizabeth Harbour: lease of

acc ommodation - P.138/95.

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

3 . La Collette fuel storage: fire

pr ot ection facilities - P.139/95. P r es ented by the Public Services C om mittee.

4 . 1 to 17 St. Paul's Gate, St.

H e l ier: sale to Jersey Homes Trust - P .140/ 95.

P r es ented by the Housing

C om mittee.

5 . Planning charges: (a) Draft

I sl and Planning (Amendment No. 6)

( Je r sey) Law 199 ; (b) Draft Public

H e al th (Control of Building) (Amendment N o . 3 ) (Jersey) Law 199 - P.141/95.

P r es ented by the Planning and

E nvi ronment Committee.

6 . Draft Reservoirs (Jersey) Law

199 - P.142/95.

P r es ented by the Public Services C om mittee.

7 . Draft European Communities

L egi slation (Implementation) (Jersey) L aw 199 - P.143/95.

P r es ented by the Policy and

R es ources Committee.

8 . Draft F.B. Playing Fields

( C ons truction and Use of Sports Hall ) ( Je r sey) Law 199 - P.144/95.

P r es ented by the Sport, Leisure

and R ecreation Committee.

Arrangement of public business for the next meeting on 24th October 1995

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

next meeting on 24th October 1995 -

S UPPLY REQUESTS.

F inance and Economics Committee.

F ield 116, Le Clos de Maitland, St.

C lement: construction of dwelling in Green Z one - P.109/95 (Revised).

L odged: 15th August 1995.

S enator P.A. Bailhache .

J ersey Financial Services Commission: e stablishment - P.132/95.

L odged: 26th September 1995.

F inance and Economics Committee.

D raft Air Transport Permits (Jersey) R egulations 199 - P.137/95.

L odged: 10th October 1995.

J ersey Transport Authority.

E lizabeth Harbour: lease of

a ccommodation - P.138/95.

L odged: 10th October 1995.

H arbours and Airport Committee.

L a Collette fuel storage: fire

p rotection facilities - P.139/95. L odged: 10th October 1995.

P ublic Services Committee.

1 to 17 St. Paul's Gate, St. Helier :

s ale to Jersey Homes Trust - P.140/95. L odged: 10th October 1995.

H ousing Committee.

D raft European Communities

L egislation (Implementation) (Jersey) Law 1 99 - P.143/95.

L odged: 10th October 1995.

P olicy and Resources

C ommittee.

Leachate at Beauport - questions and answers (Tape No. 307)

Deputy Philip John Rondel of St.John asked Deputy Derek André Carter, President of the Public Services Committee, the following questions -

1. Wo uld the President advise the S tat e s w hether leachate still has

to be r emoved from the potato dump at B eau port. If so, would the

P res i dent advise why this course

of act i on is considered necessary

an d w hat are the reasons for not

al l o w i ng the leachate to drain

aw ay nat urally?

2 . If the leachate is removed from the s it e, what treatment, if any, does it

r ec ei ve and in what manner, and where, i s i t finally disposed of?

3 . In answer to a question on 15th

F ebr uary 1994, the President advised

m em bers of the amount of money spent on t he r emedial work to that date. Would

t he P resident now inform the States of

t he f urther costs incurred since that

dat e?' '

The President of the Public Services Committee replied as follows -

1. L eachate from the potato dump

at B eau port is still being removed thr e e yea rs after the event. This

ac t ion i s necessary because

al t h ough t he discharge is not

toxi c i n the sense of being highly poi s on ous, it is heavily polluting ca us i ng de pletion of oxygen in

su r r o undi ng streams, subsoil and the s e a.

I f t he leachate was discharged directly ont o the beach, the result would be a

hi g hly offensive smell, despoliation of t he hi llside and permanent blackening of t he Beauport beach. This would have put the beach area out of bounds for

t ou rists for the last three years.

2 . The leachate receives no treatment but i s col lected by tanker and discharged

i nt o de ep, turbulent sea water at the

w a t erworks outfall at Corbière as

agr eed by the Sea Fisheries Officer and t he C onservation Officer.

3 . The revenue costs of the operation are a m atter for the Agriculture and

F i sher ies Committee and I invite the

P r es ident to produce the up to date

cos ts.''

The President of the Agriculture and Fisheries Committee, Senator John Stephen Rothwell, informed the States of the costs as follows -

the cost of removing liquid from Beauport h as been met from the Agriculture and

F isheries Committee budget. For the ten

m onths from February to December 1994, it t otalled £13,058 and for the nine months of t his year, to September 30th, it cost

£ 12,865. In all, over that period,

t herefore, the cost was £25,923. I did

r eport earlier that the costs do fluctuate

w ith the rental. For example, in February

o f this year it was sixteen times greater t han in August.

W hen asked if the Agriculture and Fisheries C ommittee wished to look at the problem

a gain, the Committee certainly does not

h ave the engineering expertise in these

a reas and I would have thought that any

i nitiative based on engineering expertise

s hould be looked at.''

La Collette, St. Helier : lease of land

THE STATES, adopting a proposition of the Public Services Committee -

( a) approved the lease to Elan Animal

P r odu cts Limited of 1,055.34 square

m et res of land at La Collette, St.

H e l ier, shown on drawing No. 2H/20, for a pe riod of nine years from 1st January

1994 a t an annual rent of £20,000,

s ubj ect to triennial rent reviews to

open market value;

( b) authorised the Greffier of the States t o s ign the said drawing on behalf of t he S tates;

( c) authorised the Greffier of the States t o s ign the necessary lease;

( d) authorised the Treasurer of the States t o r eceive the rent as it became due.

Housing (Amendment No. 8) (Jersey) Law 199 - P.100/95 (Revised)

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Housing (Amendment No. 8) (Jersey) Law 199 .

Housing (General Provisions) (Amendment No. 11) (Jersey) Regulations 199 - P.100/95 (Revised), P.110/95, P.135/95, P.136/95

THE STATES commenced consideration of the draft Housing (General Provisions) (Amendment No. 11) (Jersey) Regulations 199 and adopted the

Preamble.

Regulation 1, paragraph (a) - Sub-paragraphs (i) and (ii) were adopted.

Sub-paragraph (iii) was adopted, the

States having rejected an amendment of Deputy Jeremy Laurence Dorey of St. Helier that in the substituted sub-paragraph (f) for the word

twenty'' there should be substituted the word

fifteen'' and amendments of Deputy Dereck André Carter of St. Helier that in the

substituted sub-paragraph (f) for the word

twenty there should be substituted the word

fifteen'' and after the word application''

there should be inserted the words , and the period of residence commenced before 1st January 1990''.

Members present voted on Deputy Dorey's amendment as follows -

P our '' (7) Connétable s

S t. Lawrence, Grouville . Deputies

H . Baudains(C), Le Sueur (H), Dorey(H), B reckon(S), Grouville .

C ont re'' (35) Senators

R othwell, Le Main, Le Maistre, Quérée, C hinn, Bailhache , Syvret, Tomes.

Connétable s

S t. Clement, St. Brelade , St. Peter , St. Helier , Trinity , St. Ouen , St. John .

Deputies

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

C outanche(L), Huelin(B), St. Mary ,

S . Baudains(H), Le Fondré(L), Le Geyt(S), C respel(H), Pullin(S), Trinity , Carter(H),

J ohns(H), Duhamel(S), Routier(H),

L ayzell(B), Huet(H), St. Martin , St. John .

Members present voted on Deputy Carter's amendments as follows -

P our '' (10) Senator

L e Maistre. Connétable s

S t. Lawrence, Grouville .

Deputies

L e Sueur(H), Carter(H), Duhamel(S), D orey(H), Layzell(B), Breckon(S), G rouville.

C ont re'' (31) Senators

R othwell, Le Main, Quérée, Chinn, B ailhache, Syvret, Tomes.

Connétable s

S t. Clement, St. Brelade , St. Peter , St. H elier, Trinity , St. John .

Deputies

N orman(C), St. Peter , H. Baudains(C), St. O uen, Coutanche(L), Huelin(B), St. Mary , S . Baudains(H), Le Fondré(L), Le Geyt(S), C respel(H), Pullin(S), Trinity , Johns(H),

R outier(H), Huet(H), St. Martin , St. John .

Members present voted on sub-paragraph (iii) as follows -

P our '' (35) Senators

R othwell, Le Maistre, Chinn, Bailhache , S yvret, Tomes.

Connétable s

S t. Clement, St. Lawrence , St. Brelade , St. P eter, Grouville , Trinity , St. Ouen , St.

J ohn.

Deputies

R umboll(H), Norman(C), St. Peter ,

H . Baudains(C), Le Sueur (H), St. Ouen , H uelin(B), St. Mary , S. Baudains(H), Le F ondré(L), Le Geyt(S), Crespel(H),

P ullin(S), Trinity , Routier(H), Dorey(H), Layzell(B), Breckon(S), Grouville , St. M artin, St. John .

C ont re'' (6) Senator

Q uérée. Connétable

S t. Helier. Deputies

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

Sub-paragraphs (iv), (v) and (vi) were adopted;

Sub-paragraph (vii) was adopted, the States having rejected amendments of Deputy Jeremy Laurence Dorey of St. Helier that, in the substituted sub-paragraph (n) -

( i) in clause (iii) -

( A ) after the word is'' at the

co m m encement there should be ins er t e d the words , or has

be en' ';

( B ) the words , with the exception of s ub - paragraph (k),'' should be de l et ed;

( C ) the words in a shared unit of

dw el ling accommodation with that same sp ous e' ' should be deleted; and

( ii) f or the fullstop at the end of

cl aus e (iii) there should be

su bs t it uted a semi-colon and the w or d or'' and there should be

ins er t e d the following -

( iv ) i s the widow or widower of a per son in respect of whom consent w oul d have been granted by virtue of any s ub-paragraph of this

par agr aph.''

Regulation 1, paragraphs (b) and (c) were adopted.

Regulation 1, paragraph (d) was adopted, as amended, the States having rejected amendments of Deputy Jeremy Laurence Dorey of St. Helier that, in the inserted paragraph (2A) -

( A) for the words a single period'' there s houl d be substitued the word

per iods'';

( B) the words of not more than three year s' duration'' should be deleted;

and having accepted his amendment that in sub- paragraph (a) in the inserted paragraph (2B), after the letter (f)'' there should be

inserted the letter (g)'';

Deputy Dorey then withdrew his proposed

amendment that in the inserted paragraph (2C),

for the words twenty'' there should be

substituted the word fifteen'' and Deputy

Dereck André Carter of St. Helier withdrew his proposed amendment (Third Amendment - P.136/95) to the same effect.

Regulation 1, paragraph (e) was adopted. Regulations 2, 3, 4 and 5 were adopted.

Regulation 6 was adopted, as amended, the States having accepted an amendment of Deputy Jeremy Laurence Dorey of St. Helier that, for sub- paragraph (a) of paragraph (3) of the inserted Regulation 6A, there should be substituted the following -

(a) completes a total of ten years'

or di nary residence in the Island; and '' .

Regulation 7 was adopted.

THE STATES, in pursuance of Articles 10 and 15 of the Housing (Jersey) Law 1949, as amended, made Regulations entitled the Housing (General Provisions) (Amendment No. 11) (Jersey) Regulations 1995.

Simultaneous voting/enhanced sound systems, States Chamber - P.115/95. Deferred

THE STATES agreed to defer to 24th October 1995 consideration of the proposition of the House Committee regarding simultaneous voting/enhanced sound systems in the States Chamber and agreed that the proposition should be taken as the

first item after the Supply Day requests.

St. John 's Primary School: alterations and extensions - P.120/95

THE STATES, adopting a proposition of the Education Committee -

( a) approved drawings Nos. 2953/100, 101, 102, 10 3, 104 and 105 showing the

pr op osed alterations and extensions to

S t . J ohn's Primary School and;

( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t he S tates.

Licensing (Licence Fees) (Jersey) Regulations 1995 - P.122/95

THE STATES, in pursuance of Article 11 of the Licensing (Jersey) Law 1974, as amended, made Regulations entitled the Licensing (Licence Fees) (Jersey) Regulations 1995.

OTC site, La Route es Nouaux, St. Helier : construction of car park - P.124/95

THE STATES, adopting a proposition of the Housing Committee -

( a) approved drawings Nos. 94/655/01B-04 s how ing the construction of a public

car par k at La Route es Nouaux, St.

H e l ier (OTC Site Phase II);

( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t he S tates.

Field No. 46, St. Brelade : transfer of administration - P.125/95

THE STATES, adopting a proposition of the Harbours and Airport Committee, approved the transfer of administration from the Harbours and Airport Committee to the Defence Committee of Field No. 46, Mont à la Brune, St. Brelade (measuring approximately one vergée).

Airport: lease of accommodation in Herald House - P.130/95

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

( a) approved the lease to Channel Islands T r av el Services Limited of a total of

3,095 s quare feet of accommodation in H e r ald House at Jersey Airport for a

per iod of three years commencing 1st S ept ember 1995 at an annual rent of

£ 27,63 8.00 (representing a rate of

£ 8.93 a square foot), subject to annual

r ev iew on 1st September 1996 and 1st S ept ember 1997;

( b) authorised the Greffier of the States t o s ign the necessary lease;

( c) authorised the Treasurer of the States t o r eceive the rent as it became due. Airport: lease of accommodation in Freight Terminal - P.130/95

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

( a) approved the lease to Hi-Speed Freight L i m ited of a total of 4,292 square feet

of a ccommodation in the Freight

T er minal at Jersey Airport for a period of t hree years commencing 1st April

1995 a t an annual rent of £19,071.20

s ubj ect to annual review on 1st April

1996 a nd 1st April 1997;

( b) authoriseed the Greffier of the States t o s ign the necessary lease;

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

97 Don Road, St. Helier : approval of drawings - P.131/95

THE STATES, adopting a proposition of the Housing Committee -

( a) approved drawings Nos. 1849/10 and 11 s how ing the refurbishment of No. 97 Don R oad, S t Helier;

( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t he S tates.

Springfield, St. Helier - grandstand: approval of drawings - P.133/95

THE STATES, adopting a proposition of the Sport, Leisure and Recreation Committee -

( a) approved drawings Nos. 1375/22C, 23A, 24, 25B , 26B, 27, 28, 29A, 30 and 32A,

s how ing the proposed construction of a

gr a ndstand and ancillary facilities at

S pr ingfield, St. Helier ; and

( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t he S tates.

THE STATES rose at 4.35 p.m.

G .H .C . C O P P O C K

G r ef fi e r of the States.