States Assembly 11th July 1995

STATES MINUTES 1 1 th Ju l y 1995   P ri c e : £ 3 . 0 0

T HE STATES assembled on Tuesday, 1 1th July 1995 at 9.30 a.m. under

t h e Presidency of the Bailiff ,

P hilip Martin Bailhache , Esquire

_ _ _ _ _ _ ______

All Members were present with the exception of -

S enator Jean Amy Le Maistre - out of the I sland

K enneth Priaulx Vibert , Connétable of St. O uen - out of the Island

C arlyle John Le Herissier Hinault,

C onnétable of St. John - out of the Island H arry Hall ewell Baudains, Deputy of St. C lement - out of the Island

H enry George Coutanche, Deputy of St. L awrence - out of the Island

P hilip Roy Cabot, Deputy of Trinity - ill. Jeremy Laurence Dorey, Deputy of St.

H elier - out of the Island.

_ _ _ _ _ _ ______

P r a y e rs

_ _ _ _ _ _ ______

Speaker of the National Parliament of the Solomon Islands - welcome

The Bailiff welcomed to the States Mr. Paul Tovua, O.B.E., Speaker of the National Parliament of the Solomon Islands.

VJ Day Service, Royal Square

The Bailiff informed the States that a service would be held in the Royal Square on 20th August 1995 to commemorate VJ Day.

Welcome to H.E. the Lieutenant Governor -

Special States Meeting

The Bailiff informed the States that a special meeting of the States would be held on Thursday, 28th September 1995 at 9.30 a.m. to welcome the Lieutenant Governor, His Excellency General Sir Michael Wilkes, K.C.B., C.B.E.

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Civil Service Administration

( S a laries) (Amendment No. 14) (Jersey) O  rd er 1995. R & O 8838.

 2 .  Motor Vehicle Registration

( G e neral Provisions) (Amendment No. 2) ( J er sey) Order 1995. R & O 8839.

 3 .  Control of Borrowing (Amendment N  o . 8) (Jersey) Order 1995.

R & O 8840.

 4 .  Post Office (Foreign Post

P r o visions) (Amendment No. 22) (Jersey) O  rd er 1995. R & O 8841.

Matters presented

The following matters were presented to the States -

 1 .  Criminal Injuries Compensation

B o a rd: report for 1994 - R.C.17/95. P resented by the Defence

C o m mittee.

 2 .  International Conventions and

A g reements: progress report for the p e r iod ended 31st March 1995 -

R . C .18/95.

P r e sented by the Policy and

R e s ources Committee.

 3 .  Mortgage interest relief on

J e rs ey residential property (P.80/95): r e p ort - P.91/95.

P r e sented by the Finance and

E c o nomics Committee.

 4 .  States of Jersey Fire Service: r e p ort for 1994.

P r e sented by the Defence C o m mittee.

 5 .  Department of Motor Traffic: r e p ort for 1994.

P r e sented by the Defence

C o m mittee.

 6 .  New marina, West of Albert Pier, P o r t of St. Helier : progress

r e p ort.

P r e sented by the Harbours and

A  ir port Committee.

Matters noted - land transactions

THE STATES noted Acts of the Finance and Economics Committee dated 26th June and 3rd July 1995, respectively, 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 following

l e as es, for a period of nine years and

a l l to commence from 1st July 1995, in r e sp ect of the Fish Processing

W a rehouse, Victoria Pier -

( i) the lease to Mr. Malcolm

A l an C ampbelton of two ground

fl o o r s ections (V12m and n) on the ea s t s i de (together measuring

7 2 2 s q uare feet) at an annual rent

o f £ 2 ,2 01.38 based on a rent of

£3 .0 4 9 a square foot, subject to

an n u a l review on 1st January,

w i th a n option to renew for a

fu r th e r nine years;

( ii ) the lease to C and C Fisheries

L im  it e d of two ground floor

se c t io n s (V12j and k) on the south ea s t s i de (together measuring

7 2 2 s q uare feet) at an annual rent

o f £ 2 ,2 01.38 based on a rate of

£3 .0 4 9 a square foot, subject to

an n u a l review on 1st January;

( ii i)  the lease to Mr. Robert

D o u g l a s Ward of two ground fl o o r s e c tions (V12o and p) on th e ea s t s ide (together

m e a s u ri n g 722 square feet) at

an a n n u a l rent of £2,201.38 b as e d o n a rate of £3.049 a sq u a r e f o ot, subject to annual re v i e w on 1st January;

( iv ) the lease to the Jersey

F is h e r men's Association of two

g ro u n d floor sections (V12q and r)

o n t h e north east side (together

m e a s u ring 722 square feet) at an

an n u a l rent of £2,201.38 based on a r a te o f £3.049 a square foot,

su b j e c t to annual review on 1st

Ja n u a r y;

( v ) the lease to Mr. Douglas

A r th u r Thompson of one ground f lo o r s ection (V12l) on the east

si d e ( m easuring 361 square feet) at an a nnual rent of £1,100.69

b as e d on a rate of £3.049 a square fo o t , s ubject to annual review on 1 st J a n uary;

( v i) the lease to Ross Alcedo Company L im  it e d of seven ground floor

se c t io n s (V12c to i) on the east

si d e ( t ogether measuring

2 ,5 2 7 square feet) at an annual

re n t o f £7,704.82 based on a rate

o f £ 3 .0 49 a square foot, subject

to a n n ual review on 1st January;

( v ii )  the lease to Alro Shipping

L im  it e d o f three ground floor se c t io n s (V12a,b and t) on the so u t h w  e st corner (together

m e a s u ri n g 1,083 square feet) at an a n n ual rent of

£ 3 ,3 0 2 . 0 7 based on a rate of

£ 3 .0 4 9 a square foot, subject

to a n n u al review on 1st

Ja n u a r y , with an option to

re n e w f o r a further nine

y ea r s .

 ( b) as recommended by the Public

H e a lt h Committee, the renewal of th e le a se from Mr. Lawrence John G o o d a ll of the three-bedroom (a)- (j ) c a te gory house known as Le

C h a te l et, Wellington Road, St.

S a v io u r, for occupation by a

H e a lt h Promotion Officer, for a

fu r th e r term of one year from 1st A u g u s t 1995 at an annual rent of

£8 ,7 8 5 ;

( c) as recommended by the Public Health C o m mittee, the renewal of the lease to M r . Barry Clement Rondel, of Rondel F a r ms Limited, of Field No. 1547, St. H el ier, for a period of one year from

1 s t January 1995 at an annual rent of

£7 4 ;

( d) as recommended by the Planning a n d Environment Committee -

( i) the purchase from Chinq Holdings L im  it e d of the main structure of

th e in d ustrial building (factory

u n it s) at La Collette, St. Helier ,

fo r a s um of £496,768.89; and

( ii ) the grant of new 42-year leases on th e in d ividual factory units (at

a r a te o f £0.80 a square foot for

b u il d in gs and £0.20 a square foot fo r p a r king areas) together with

an i n it ial capitalised rental

p ay m  e nt for the use of the

st r u ct u re, as follows -

  C a p it a li s e d A  n n ual   re n t a l r e n ta l   p a y m e n t  

A s h le y and Company

L im  it e d  £ 165,589.65  £8,279.60

D e n is Romeril Agencies

an d C o m pany (Jersey)

L im  it e d £ 66,235.85  £3,312.20

P io n e e r Coaches Limited £132,471.69 £ 6 ,6 2 3 . 60

R .R . W hittingham and

C o m p any Limited £66,235.85 £3,312. 2 0

R .W  . a nd A. Engineering

L i m i t ed £ 66,23.85  £2,967.40

 ( e) as recommended by the Planning and

E n v ironment Committee, the purchase

f ro m Mrs. Joan De Quetteville Houilhan, n é e Deacon, of Field No. 1587,

C l a remont Road, St. Saviour , for the

s u m of £195,000 plus a restriction for

5 0 years against the construction of

a n y further building on the site and

t h e Committee being responsible for the p a y ment of all legal fees involved in

t h e transaction;

 ( f) as recommended by the Housing

C o m mittee, the grant in perpetuity to

M  r . Stuart Hall am Coley of the sole

r ig h t of use of a parking space at the

n o r thern end of Field No. 817, adjacent t o t he property No. 3, Waterloo Close, S t . Lawrence, and also the necessary

r ig h ts of access across the estate

r o a ds to and from the parking space to t h e main road in exchange for his

r a ti fication of a revised boundary line

b e tw een Field No. 816 and Le Clos de P e t it Félard and the ceding of land

w  it hin the new boundary line to the

C o m mittee, free of charge, with all

f e es and disbursements in connexion

w  it h the passing of the necessary

c o n tracts to be met by the Housing

C o m mittee;

( g) as recommended by the Education C o m mittee -

( i) the purchase from the Parish of

T ri n i ty of the southern part of

th e ro a d between Les Ruelles and L a R  u e du Mont Pellier, Trinity ,

re q u i re d to enlarge the playground

o f T r in ity School, upon the

ex t i n g uishment of that road, for

th e su m of £10;

( ii ) the sale to Mr. Harold Vautier of

p ar t o f Field No. 865, Trinity

(m  e a su ring approximately

7 0 0 s q uare feet), required for the

p u rp o s e of constructing a new

d ri v e w ay to the property

L 'A b ri'', Trinity , for the sum

o f £ 1 0 , subject to the Committee

m e e ti n g the costs of constructing

a n e w turning area and blocking up th e ex t inguished road;

 ( h) as recommended by the Housing

C o m mittee, the sale to the Parish of S t . Helier of land at Le Clos de la

V il le, St. Helier , as follows -

( i) the embankment adjacent to houses N o s . 1 7-24, bordering the western

si d e o f the estate and measuring ap p r o x imately 3,821 square feet, fo r a c onsidereation of £10; and

( ii ) a further strip of land adjacent to P lo t s Nos. 14 and 15, also to th e w e stern edge of the estate

(m  e a su ring approximately

6 4 9 s q uare feet), upon which a ta r m a c adam pavement had been   co n s t ru cted;

o n the basis that each party would be r e sp onsible for its own legal costs

i n v olved in this transaction;

 ( i) as recommended by the Housing

C o m mittee, the entering into of a

C o n trat de Bornement with the Jersey

E l e ctricity Company Limited in order to e s ta blish a new boundary between Field N  o . 1243A, adjacent to the housing

d e v elopment known as Le Clos de la

V  il le, St. Helier , and the electricity

g e n erating station, subject to the

C o m mittee being responsible for the

c o n truction of a retaining wall, and

a l so for the payment of all legal costs

a s s ociated with the transaction.

Matter noted - acceptance of tender

THE STATES noted an Act of the Finance and Economics Committee dated 26th June 1995, showing that in pursuance of Rule 5 of the

Public Finances (General) (Jersey) Rules 1967,

as amended, the Committee had noted that the Committee for Postal Administration had accepted the lowest of five tenders, namely that

submitted by Peter Cameron (1991) Limited, in the sum of £4,755,000 in a contract period of 52 weeks for the construction of a new Postal Headquarters at Rue des Prés, St. Saviour .

Matters lodged

The following matters were lodged au Greffe'' -

 1 .  Draft Matrimonial Causes

( A m endment No. 8) (Jersey) Law 199 - P . 8 6/95.

P r e sented by the Legislation

C o m mittee.

 2 .  Draft European Communities

( W  ine) (Jersey) Regulations 199  - P . 8 7/95.

P r e sented by the Finance and

E c o nomics Committee.

 3 .  Draft States of Jersey

( A m endment No. 5) Law 199 - P.88/95. P r e sented by the Policy and

R e s ources Committee.

 4 .  Draft Airport Dues (Amendment

N  o . 3) (Jersey) Law 199  - P.89/95. P r e sented by the Harbours and

A  ir port Committee.

 5 .  Draft Health Insurance

( A m endment No. 9) (Jersey) Law 199 - P . 9 0/95.

P r e sented by the Employment and

S o c ial Security Committee.

6 . St. Helena House, Nos. 9-11 Don R o a d, St. Helier : redevelopment - P . 9 2/95.

P r e sented by the Housing

C o m mittee.

 7 .  Mont Orgueil and Elizabeth

C a s tles: transfer of ownership - P . 9 3/95.

P r e sented by the Policy and

R e s ources Committee.

 8 .  Field No. 1002, Le Mont des

V ig nes, St. Peter: construction of d w elling - P.95/95.

P r e sented by the Planning and

E n v ironment Committee.

9 . Opera House: acquisition -

P . 9 6/95.

P r e sented by the Finance and E c o nomics Committee.

1 0. 11 Royal Square and Picquet H o use, St. Helier : town police s ta t ion - P.97/95.

P r e sented by the Defence

C o m mittee.

1 1. Committees of the States: access t o i nformation - P.98/95.

P r e sented by Deputy A.J. Layzell

o f St. Brelade and referred to the

S p e cial Committee on Freedom of

I n fo rmation.

 1 2. 11 Royal Square and Picquet

H o use, St. Helier - town police station ( P .9 7/95): amendment - P.99/95.

P r e sented by the Connétable of

S t . Helier.

THE STATES noted that the following matter had been lodged au Greffe'' on 27th June 1995 -

D raft Census (Jersey) Regulations

1 99 (P.76/95: amendments - P.85/95. P resented by the Etat Civil

C ommittee.

Secondary education in Jersey - re-organisation (P.84/95): amendment

Deputy Frederick John Hill of St. Martin presented to the States for lodging au

Greffe'' an amendment to the proposition of the Education Committee regarding the re- organisation of secondary education in Jersey. The Bailiff advised members that the effect of the amendment would be to negative the proposition and this, by virtue of Standing Order No. 21(2), should not be proposed.

The Deputy of St. Martin accordingly decided not to present the amendment.

Arrangement of public business for the next meeting on 25th and 26th July 1995

THE STATES noted that it had been agreed at the meeting of 20th June 1995 that the proposition regarding the re-organisation of secondary education in Jersey (P.84/95 - lodged au

Greffe'' on 20th June 1995) would be considered on 25th July 1995.

THE STATES confirmed that the following matters lodged au Greffe'' should be considered at the next meeting on 25th and 26th July 1995 -

H arbours - commercial vehicle park

a nd associated wall in marina:

s upplementary vote of credit - P.55/95. L odged: 25th April 1995.

H arbours and

A irport Committee.

D raft Matrimonial Causes (Amendment N o. 8) (Jersey) Law 199  - P.86/95. L odged: 11th July 1995

L egislation Committee.

D raft European Communities

( Wine) (Jersey) Regulations 199 - P.87/95. L odged: 11th July 1995

F inance and Economics Committee.

D raft States of Jersey

( Amendment No. 5) Law 199  - P.88/95. L odged: 11th July 1995

P olicy and Resources Committee.

D raft Airport Dues (Amendment No. 3) ( Jersey) Law 199  - P.89/95.

L odged: 11th July 1995

H arbours and Airport Committee.

D raft Health Insurance

( Amendment No. 9) (Jersey) Law 199  - P .90/95.

L odged: 11th July 1995

E mployment and Social Security

C ommittee.

S t. Helena House, 9-11 Don

R oad, St. Helier : development - P.92/95. L odged: 11th July 1995

H ousing Committee.

M ont Orgueil and Elizabeth Castles: t ransfer of ownership - P.93/95.

L odged: 11th July 1995

P olicy and Resources Committee.

F ield No. 1002, Le Mont des Vignes, S t. Peter: construction of dwelling -

P .95/95.

L odged: 11th July 1995

P lanning and Environment Committee.

O pera House: acquisition - P.96/95. L odged: 11th July 1995

F inance and Economics Committee.

1 1 Royal Square and Picquet House,

S t. Helier: town police station - P.97/95. L odged: 11th July 1995

D efence Committee.

1 1 Royal Square and Picquet House, S t. Helier - town police station

( P.97/95): amendment - P.99/95.

C onnétable of St. Helier.

Income tax relief on mortgage interest - questions and answers (Tape No. 289)

Deputy Frederick John Hill of St. Martin asked Senator Pierre François Horsfall, President of the Finance and Economics Committee the following questions -

1.  W ill the President inform the

  S t a te s of the total sum on which ta x re l ief was allowed on all

in t e re s t in the year 1993?

 2 .  Will the President state how many

i n d ividuals were in receipt of income t a x relief on all interest in 1993?

 3 .  Will the President inform the States of t h e total amount of interest which was a l lo wed against income tax in the year 1 9 9 3 in respect of Jersey residential

p r o perty?

 4 .  Will the President state how

m  an y individuals were in receipt of t h is benefit in 1993?

 5 .  Will the President give details of the

i n co me tax that would be expected to be c o ll ected if mortgage interest tax

r e li ef on Jersey residential property

w er e capped' at -

£1 2 0 ,0 00 £ 1 6 0,000

£ 2 0 0 ,0 0 0?''

The President of the Finance and Economics Committee replied as follows -

1.  £ 62 million in the case of

in d i v id uals. (No information is

av a i la b le for companies because in th e i r c ase the deduction is made

in a rr iv ing at assessable income,

ra t h e r than in calculating the tax

p ay a b l e).

2 . 20,377, so the average interest paid w as a little over £3,000.

3 .  This information is unavailable because i n te rest is not analysed as between m  o rtgage interest and other types. H  o wever, a reasonable estimate is

£35 million.

 4 .  For the reason given in my previous r e p ly an accurate figure is not

a v a ilable but a reasonable estimate is 7 , 0 00, paying average interest of

£5 , 000.

 5 .  In my reply I have assumed that

t h e Deputy has in mind a similar scheme t o t he one proposed by Deputy A.

B r e ckon. In that regard the House will

n o t e that the Finance and Economics

C o m mittee has today reported on Deputy B r e ckon's proposition, pointing out,

a m o ng other things, the scope for

c i rc umventing the legislation and the

p o s sible deterrent effect on

d e v elopment of property for letting.

A r easonable estimate of the extra tax r a is ed is as follows -

C a p ' set at E x t r a tax

£1 2 0 , 0 00 £ 1 , 0 00,000

£1 6 0 , 0 00 £ 6 0 0 , 000

£2 0 0 , 0 00 £ 1 5 0 ,000.''

Immigration and Nationality Department building in Liberation Square - question and answer (Tape No. 289)

Senator Terence John Le Main asked Deputy Michael Adam Wavell, President of the Defence Committee the following question -

  As Liberation Square has been completed  a nd is extremely popular with residents and  t ourists alike, will the President inform

 t he States when the Immigration and

 N ationality Department is to be re-located

 f rom its present accommodation in order

 t hat the portacabins can be removed and the  s urrounding area be improved?''

The President of the Defence Committee

replied as follows -

  Senator Le Main will be aware that

 t he Immigration Department moved out of

 V ictoria Chambers in the spring of 1991. At  t he time, the building which was owned by  t he States was in need of total renovation.

 I t was the desire of the Defence Committee

o f the day that the Department would return

 a fter repairs had been effected.

T he building was sold in May 1994 and

r ebuilt along with the adjoining property

i n time for the Liberation celebrations in

M ay 1995. It is now virtually ready for

o ccupation, but the Defence Committee now c onsiders that the rental is not

r ealistically within its budget.

T he Department occupies temporary

a ccommodation in Rovacabins, the lease for w hich expires in January 1996.

T he strategy of the Planning and

E nvironment Committee is to house

d epartments in States-owned buildings. With t hat in mind, my Committee has asked that

t he Property Management Office give

p riority to moving the Department from its p resent site preferably to purpose-built

a ccommodation on the abattoir site which is b oth owned by the States and close to the

h arbour.

T he Senator should note, however, that

m oney to fund such a project may not be

a vailable in the near future and the

D epartment may therefore have to remain on s ite for a little longer.''

Waterfront Enterprise Board - questions and answers (Tape No. 289)

Senator Terence John Le Main asked Senator Reginald Robert Jeune , President of the Policy and Resources Committee, the following questions -

1.  I n view of the fact that the

W a t e rf ront Enterprise Board was

es t a b li shed by the States on 30th

M a r c h 1993, that its Chairman and m e m  b ers were initially appointed b y t h e States on 22nd June 1993,

an d t h at the Board in paragraph

si x o f its report appended to

P .1 6 0 / 93 (adopted by the States on 9 th N o vember 1993) set out its

p ro p o s ed organisation, will the

P re s i d ent inform the States -

( a ) when the managing director

w a s a p pointed, the period of his co n t r a ct and his salary?

( b ) when other support staff have

b ee n a ppointed, on what basis, and at w h a t salaries?

( c ) what additional resources ar e en v isaged?

( d ) what offices have been rented for th e B o ard, for how long and at

w h a t r ent?

 2 .  Will the President state what progress t h e Board has made since it was

e s ta blished?''

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

  1.(a)  The managing director was

ap p o i n ted on 15th August 1994, on a f iv e year contract. His salary

h as been determined by the Board w i th i n the salary range which is

ap p l i ca ble to all chief officers

em  p l o yed by the Establishment

C o m m  ittee.

T h a t s alary range is defined in

th e C iv il Service Administration (S a l a ri es) (Amendment No. 14)

(J e r se y ) Order 1995 (R & O

N o . 8 8 38) made by the

E s ta b l ishment Committee on 22nd Ju n e 1 995, and tabled in the

S ta tes today.

( b ) Other support staff are a

fi n a n c ial director and a

se c r e ta ry, appointed from 7th July 1 9 9 4 a nd 1st September 1994

re s p e c tively.

T h e s a laries paid are within

th e C iv il Service grades 14 and se v e n respectively, and are

in c l u d ed in the Order made by the E s ta b l ishment Committee to which I re f e rr e d in responding to the

p re v i o us question.

( c ) The States, on 9th November 1993, co n f i rm ed that the Waterfront

E n te r p rise Board should be

es t a b li shed as a development

ag e n c y of the States within the

o v er a l l framework of the report of

th e W a terfront Enterprise Board

d at e d 2 2nd September 1993. In

p ar a g r aph 6.15 of that report the

B o a rd set out the staff resources

it w  o u ld require. In addition to

th e m a naging director and the

fi n a n c ial director to which the

p re v i o us answers have referred,

th e B o ard identified a need for a

p la n n i ng/development officer, a

p ro j e c t manager and a marketing

o ff ic e r . It is anticipated that a

p la n n i ng officer will be appointed

to w  ar d s the end of 1995 by means

o f a s e condment from within the

C iv i l S ervice. A final decision

h as y e t to be taken on when a

p ro j e c t manager and a marketing

o ff ic e r will be appointed.

( d ) The Board has rented offices at 3 8 T h e Esplanade, St. Helier, but h as n o formal lease and are on

th r e e m onths' notice. The rental is £ 2 5 , 000 a year.

 2 .  The Waterfront Enterprise Board was

c o n firmed as a development agency of

t h e States on 9th November 1993. In the r e p ort accompanying the proposition

( P .1 60/93) it was stated that the next

s te p will be for the Board to undertake

a s t rategic appraisal of the

d e v elopment of the waterfront area in

t h e light of the changed economic

c l im ate since the Whitfield and the

A  n drews Downie reports were prepared'.

I n p reparing the strategic appraisal

t h e Board discovered that some of the

u n d erlying assumptions of the Whitfield a n d Andrews Downie reports were not a c h ievable when looked at in detail.

F o r example, it was discovered that the c o m mercial port at Elizabeth Harbour

c o u ld not in practice be re-located to

L a Collette. The results of this

t e ch nical appraisal, which were not

k n o wn until May 1994, required a review

o f t he land uses of the reclaimed land

w  es t of the Albert Pier so as to

p r o tect the interests of the commercial

p o r t.

T he Board produced a draft Strategic

A  p praisal and Ten Year Action Plan in S e p tember 1994 and this was issued to

a l l States' members. There followed a

p e r iod of intense consultation and the

B o a rd gave presentations to the

r e le vant Committees of the States in

o r d er that their comments could be

p a s sed to the Policy and Resources

C o m mittee for consideration prior to

t h at Committee preparing and presenting a r e port and proposition to the States.

I n a ddition, the Board held a series of

p u b lic meetings and met with a range of p r o fessional bodies and trade

a s s ociations.

O  n 29th November 1994 the Policy and R e s ources Committee met with the

P r e sident of the Island Development

C o m mittee and his officers to discuss

t h e Board's Strategic Appraisal. To

q u o te from the Policy and Resources

C o m mittee's minute of 29th November 1 9 9 4, which minute all States' members w il l have seen - the Committee agreed

t h at , whilst the Waterfront Enterprise

B o a rd had followed its remit and had

p r e sented a package of proposals for

t h e development of the waterfront area, t h er e were a number of issues raised by t h e Board's report that needed to be

f u rt her considered from an Island-wide s tr a tegic standpoint before they could

b e p roperly considered by the States.

I t w as decided that a Working Group

s h o uld be established to examine the

k e y strategic issues that had arisen

d u r ing the consultation process. The

W  a terfront Enterprise Board would be

i n v ited to nominate two of its members

t o s erve on the Group, and the Group

w o uld also comprise two members each f ro m the Policy and Resources, Finance a n d Economics, and Island Development C o m mittees'.

T h e Waterfront Review Working Group

h e ld its first meeting on 7th December

1 9 9 4 and met again on 1st February,

1 6 t h March and 26th June, and the

G  ro up's considered views on the key

i ss u es were presented to the Policy and

R e s ources Committee when they met with t h e Waterfront Enterprise Board on

F r id ay, 30th June 1995. The Waterfront

R e v iew Working Group also met with Mr. D  . Filleul and Mr. R.A. Brown both of

w  h om had put up alternative proposals.

O  v er the months since the Waterfront

R e v iew Working Group was established, t h e Board -

( i) has continued with a programme of c o n sultations with organisations and

a s s ociations throughout the Island;

( ii ) has commissioned a detailed study

o f th e fill material on the

w a te r f ront and has co-operated

w i th th e Public Services and the

P la n n i ng and Environment

C o m m ittees in utilising the

re s u lt s of these studies not only

to p ro d uce a remedial plan for the w a te r f ront area, but also to help

to fo r m a long-term strategy for

as h d is posal at La Collette. I am

su r e t h e Presidents of the Public

S e rv i c es and Planning and

E n v ir o nment Committees will

ac k n o w ledge the Board's role in

th i s r e spect;

( ii i)  has chaired the Marina Project G r o u p and has been closely

in v o l v ed in ensuring that adequate p ro v i s ions are made for port

u se r s ;

( iv ) has made money available and

ar r a n g ed for the creation of a

g re e n strip to be created around

th e re c lamation site in order to

im  p ro v e its appearance. The Board al s o h a s arranged for and paid for

th e en v ironmental improvement

a d j acent to the Albert Pier and

w o u l d wish to do much more along th e s e l ines but has been unable to

im p le m ent its proposals because as y et it h as not been given

ad m  i n istrative control over the

la n d in question.

A  t the meeting held between the Policy a n d Resources Committee and the Board

o n 30th June 1995 it was agreed that

t h e Policy and Resources Committee

w  o uld present a full report to the

S t a tes, for debate in the autumn,

e x p laining how the development

p r o posals for the waterfront area are

n o w to be progressed, and asking the

S t a tes to approve the incorporation of

W  a terfront Enterprise Board Limited and t o p rovide for the Board to be given

a d m inistrative control over the

W  a terfront area.''

Rates Appeal Board - question and answer (Tape No. 289)

Deputy David Leon Crespel of St. Helier asked the President of the Finance and Economics Committee the following question -

  Now that the Parish Rate (Administration)  ( Amendment No. 6) (Jersey) Law 1995 has  b een registered in the Royal Court, would

 t he President advise the States -

 ( 1) what progress has been made towards the a p p ointment of the independent Rates

A  p peal Board, provided by that Law?

 ( 2) will the members of the Board be

a p p ointed in time to consider appeals a g a inst rating assessments in

1 9 9 5?''

The President of the Finance and Economics Committee replied as follows -

  Under the revised Article 14 of the

 L aw amendment to which the Deputy refers,

 t he Finance and Economics Committee has the  d uty to recommend to the States five

 p ersons to comprise a Parish Rate Appeal

 B oard.

I am pleased to inform the Deputy that

m y Committee has considered, invited and r eceived acceptances from five well

q ualified persons to serve as members of an A ppeal Board. A report and proposition for t he States is being prepared and will be

l odged shortly. That proposition will not

s eek to bring the powers of the Law

a mendment into operation until 1996. This

i s because, as members will, I am sure,

r ealise, the amended legislation was

r eceived only after most parishes had

a lready published their rate lists and,

i ndeed, a number of appeals had been lodged

o r were in the process of being lodged,

u nder the existing legislation.

C oncern has quite properly been expressed t o the Committee, by persons involved with t he introduction and administration of the

r ating legislation, of the practical

p roblems which will ensue if the new

l egislation is introduced part way through

t he year when, conceivably, two different

s ets of legal provisions would be operating w ith regard to appeals.

F urther, the deadline (31st July) for

t he settlement of appeals, and the approval b y the Connétable s' Supervisory Committee

o f the revised draft lists, is considered

b y the Committee to be too close for the

n ecessary new procedures to be determined a nd set up to operate in 1995.

T herefore, it will be proposed to the

S tates that, on practical grounds, the

e stablishment of the Parish Rate Appeals

B oard and the appointment of the members to i t takes place on 1st January 1996.''

Parish rates legislation - questions and answers (Tape No. 289)

Deputy David Leon Crespel of St. Helier asked Deputy Robin Ernest Richard Rumboll, President of the Legislation Committee the following questions -

1.  O n 24th May 1994 the States

ad o p t e d P.124/93 and P.65/94 and ag r e e d in principle to the

ad o p t i on of a new Parish Rate Law an d r e quested the Legislation

C o m m  ittee to prepare the necessary le g i sl a tion. Would the President

ad v i s e the States what progress

h as b e en made in the preparation

o f d ra f ting instructions for the

L a w D raftsman?

 2 .  Does the Committee still intend to

i m p lement the recommendations of the W  o rking Party on Rates, particularly

t h e introduction of a system of

a s s essments using fixed rateable values ( F R V)?

 3 .  Has the Committee discussed with the S u p ervisory Committee steps that might b e t aken for promoting uniformity in

t h e principles and practice of rating?

 4 .  Is the President able to advise the

S t a tes when the draft of the new Law is l ik e ly to be submitted to the Assembly f o r approval?

 5 .  If the new Law is not likely to be in

f o rc e by 1996, would the Committee be p r e pared to consider introducing

R e g ulations to amend the Second

S c h edule to the present Law so as to

i n tr oduce assessments using Fixed

R ateable Value (FRV)?''

The President of the Legislation Committee replied as follows -

1.  T he report accompanying P.124/93

in c l u d ed a detailed list of

re c o m  mendations prepared by a

W o r k i ng Party on Rates as set out

in A n n ex A to the report. The

m a j o ri ty, but not all, of the

re c o m  mendations were approved by

th e S ta tes on 24th May 1994. The

d et a il e d recommendations contained in the report must form the basis

o f th e drafting instructions for

th e L a w Draftsman, and indeed it

w o u l d be improper for the

L e g is l ation Committee to alter or

v ar y th e recommendations which

h av e p reviously been approved by

th e S ta tes. However, there were a

n u m b e r of points of minor detail

th a t r e quired clarification and,

fo l lo w  ing a meeting I attended

w i th the Supervisory Committee

h el d o n 19th April 1995 and a

fu r th e r meeting with

re p r e se ntatives of the Parish

A s s es s ment Committees on 19th May 1 9 9 5 , I am pleased to report that

sa t is f a ctory explanations have b ee n r eceived which will enable my C o m m  ittee to confirm the law

d ra f ti n g instructions.

 2 .  Yes. However, for the sake of accuracy I s h ould remind the House that not all

t h e recommendations of the Working

P a r ty on Rates were approved by the

H  o use on 24th May 1994.

 3 .  As indicated in my answer to question

1 , I attended a meeting of the

S u p ervisory Committee on 19th April

1 9 9 5 at which the obligation contained

i n A rticle 8(2) of the Parish Rate