States Assembly 12th September 1995

STATES MINUTES 12t h S ept ember 1995 P ri c e : £ 1.25

T HE STATES assembled on Tuesday, 12th September 1995 at 9.30 a.m. under t he Presidency of the Bailiff ,

P hilip Martin Bailhache , Esquire

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All Members were present with the exception of -

S enator John Stephen Rothwell - ill.

C arlyle John Le Herissier Hinault,

C onnétable of St. John - out of the Island. J ohn Nicolle Le Fondré, Deputy of St.

L awrence - ill.

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P r aye rs

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Defence Committee - appointment of member

THE STATES appointed Mrs. Iris Medora Le Feuvre, Connétable of St. Lawrence , as a member of the Defence Committee.

Employment and Social Security Committee - resignation of member

THE STATES noted the resignation of Deputy Evelyn Mabel Pullin of St. Saviour from the Employment and Social Security Committee.

Education Committee - appointment of members

Deputy Evelyn Mabel Pullin of St. Saviour , President of the Education Committee, nominated for appointment as members -

S enator Patricia Ann Bailhache

D eputy Leonard Norman of St. Clement D eputy Shirley Margaret Baudains of St. Helier

D eputy Philip Roy Cabot of Trinity

D eputy Jacqueline Jeannette Huet of St.

H elier

D eputy Philip John Rondel of St. John .

Deputy Jeremy Laurence Dorey of St. Helier was proposed by Deputy Frank Harris on Walker of St. Helier and Deputy Imogen Stephanie Nicholls of Grouville was proposed by Senator Pierre François Horsfall.

THE STATES, having proceeded to a secret ballot, the Bailiff declared the following results -

S enator Bailhache - 41 votes D eputy Norman - 44 votes

D eputy S. Baudains - 35 votes D eputy of Trinity - 40 votes D eputy Dorey - 34 votes

D eputy Nicholls - 29 votes

D eputy Huet - 32 votes

D eputy of St. John - 44 votes.

The Bailiff accordingly declared that the following had been elected members of the Committee -

S enator Bailhache D eputy Norman

D eputy S. Baudains D eputy of Trinity D eputy Dorey

D eputy of St. John .

Harbours and Airport Committee - resignations

THE STATES noted the resignation of Senator Patricia Ann Bailhache and Deputy Leonard Norman of St. Clement from the Harbours and Airport Committee.

Defence Committee - resignation

THE STATES noted the resignation of Deputy Shirley Margaret Baudains of St. Helier from the Defence Committee.

Harbours and Airport Committee - appointment of member

THE STATES appointed Deputy Percy John Le Masurier of St. Ouen as a member of the Harbours and Airport Committee.

Matters presented

The following matters were presented to the States -

1. Overseas Aid: report for 1994. P r es ented by the Overseas Aid C om mittee.

2 . Industrial Relations Advisory

S er vice: report for 1994 - R.C.23/95.

P r es ented by the Industrial

R el ations Committee.

T H E STATES ordered that the said report be pr inted and distributed.

3 . Welfare benefits: revised rates

f rom 1st October 1995 - R.C.24/95.

P r es ented by the Finance and

E conom ics Committee.

T H E STATES ordered that the said report be pr inted and distributed.

Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 4th September 1995 showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

( a) as recommended by the Planning

and E nvironment Committee, the entry i nt o an annual tenancy with Mr. Bernard A l ber t Watton and Mrs. Patricia Odette Wat ton, née Poingdestre, for the

r es i dual strip of land measuring 1065

s qua re feet adjacent to the bungalow

T ar awera', First Tower, St. Helier , on

t he O TC site, First Tower, St. Helier ,

at an an nual rent of £80;

( b) as recommended by the Housing

C om mittee, the lease of the sub-station

l oc at ed at Nicholson Park, (Phases 3

and 4 ), St. Helier , to the Jersey

E l e ctricity Company Limited, to

com mence on the passing of the relevant cont ract, at £1 a year for a period of

99 ye ars, payable in the sum of £99 ten days after passing contract, with the

gr a nting of a wayleave free of charge,

f or cab le routes, with each party being

r es pons ible for its own legal costs.

Matters lodged

The following matters were lodged au Greffe'' -

1 . Draft Licensing (Licence Fees) ( Je r sey) Regulations 199 - P.122/95. P r es ented by the Tourism

C om mittee.

2 . Springfield Lane, St. Helier :

pur chase of roadway - P.123/95. P r es ented by the Planning and

E nvi ronment Committee.

3 . OTC site, La Route es Nouaux,

S t . H elier: construction of car park - P .124/ 95.

P r es ented by the Housing

C om mittee.

4 . Field 46, St. Brelade : transfer of a dministration - P.125/95.

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

5 . Victoria College: Board of

G o ver nors - P.126/95.

P r es ented by Deputy F.J. Hill of S t . M artin.

Arrangement of public business for the next meeting

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

S t. Saviour's Hospital: charges for elderly l ong-stay patients - P.60/95 (Revised).

L odged: 16th May 1995.

P ublic Health Committee.

M ortgage interest relief on Jersey

r esidential property - P.80/95.

L odged: 13th June 1995.

D eputy A. Breckon of St. Saviour .

R eport of the Finance and

E conomics Committee presented to the States

o n 11th July 1995 - P.91/95.

D raft Health Insurance

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

L odged: 11th July 1995.

E mployment and Social

S ecurity 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.

Parish Rate Appeal Board: appointment

o f members. - P.101/95.

L odged: 25th July 1995.

F inance and Economics Committee.

D raft Children (Amendment

N o. 5) (Jersey) Law 199 - P.103/95. L odged: 8th August 1995.

E ducation Committee.

D raft Gambling (Betting) (Amendment N o. 9) (Jersey) Regulations 199 -

P .104/95.

L odged: 8th August 1995.

G ambling Control Committee.

D raft Health Insurance

( Medical Benefit) (Amendment No. 44) ( Jersey) Regulations 199 - P.106/95.

L odged: 8th August 1995.

E mployment and Social

S ecurity Committee.

D raft Interest on Debts and Damages ( Jersey) Law 199 - P.108/95.

L odged: 15th August 1995.

L egislation Committee.

D raft Public Health Committee (Change

o f Name) (Jersey) Act 199 - P.111/95. L odged: 29th August 1995.

P ublic Health Committee.

D raft Transfer of Functions (Health

a nd Social Services Committee) (Jersey) Act 1 99 - P.112/95.

Lodged: 29th August 1995.

E ducation Committee.

D raft Social Security

( Amendment No. 12) (Jersey) Law 199 - P .113/95.

L odged: 29th August 1995.

E mployment and Social

S ecurity Committee.

D raft Health Insurance

( Amendment No. 10) (Jersey) Law 199 - P .114/95.

L odged: 29th August 1995.

E mployment and Social

S ecurity Committee.

D raft Powers of Attorney (Jersey) Law

1 995 (Appointed Day) Act 199 - P.116/95. L odged: 29th August 1995.

L egislation Committee.

Arrangement of public business for the meeting on 10th October 1995

THE STATES agreed that the following matter be considered on 10th October 1995 -

H ousing legislation - review:

( a) Draft Housing (Amendment No. 8)

( Jersey) Law 199 ; (b) Draft Housing

( General Provisions) (Amendment No. 11) ( Jersey) Regulations 199 - P.100/95.

L odged: 25th July 1995.

H ousing Committee.

D raft Housing (General Provisions)

( Amendment No. 11) (Jersey) Regulations 1 99 . (P.100/95(b)): amendment - P.110/95. L odged: 15th August 1995.

D eputy D.A. Carter of St. Helier .

H.M. Prison, La Moye, St. Brelade . Statement

The President of the Prison Board made a statement in the following terms -

In view of the two recent tragic deaths

a t La Moye Prison, and now that the

i nquests have been concluded, the Prison B oard wishes to report to the States on the c urrent situation and its future

i ntentions.

T he Inquest Jury requested the Deputy

V iscount to convey to the appropriate body

( in this case the Prison Board) its view

t hat, firstly, the assessment of prisoners

p otentially at risk of self-harm and,

s econdly, suicide prevention be the subject

o f urgent and thorough review in order to

a void a recurrence of similar fatalities.

T he Board appreciates the concern expressed b y the Jury, and had already taken a number

o f immediate actions, and is currently

i nvestigating further measures and

r eviewing all aspects of prison conditions.

I t is considered significant that both

s uicides, the first in the history of La

M oye Prison, occurred after the decision to i ncrease sentences for certain drug related

o ffences. There is a view amongst the

p risoner population that these increased

t ariffs will be applied irrespective of the

n ature of the offences committed. Although s uch a view appears to have no substance,

t he new sentencing policy in relation to

d rug offenders can be expected to result in a considerable number of prisoners facing

o r serving very long sentences. It is

a gainst this developing background that the P rison Board must seek to provide adequate r esources and support for prison staff so

t hat they, in turn, may provide a better

s ervice to inmates.

W ith regard to inmates considered at risk,

t he Prison Board has authorised continuous w atches and this is currently in operation. S uch measures are obviously staff intensive a nd must often be fulfilled by the use of

o vertime but it appears to be the only

a dequate measure available.

B oth deaths occurred in the Segregation

U nit and it seems reasonable to assume that t his is the area requiring some

m odifications in order to reduce the

p ossibility of further similar acts. Two

p hysical approaches have been identified,

t he first being to modify the ground floor

c ells to hamper the possibility of the

w indow bars being used to attach a

l igature, and the second to improve the

f acilities for surveillance by the

i nclusion of CCTV monitoring in a small

n umber of cells. The alterations will

p rovide secondary glazing and a tempered

a ir ventilation and extract system to 12

c ells. This work has already commenced and s hould be completed in six weeks.

T he Board will seek to assist the staff in t his extremely difficult area by providing s uicide awareness training in addition to t he input already provided by the

s pecialists employed on a part-time basis. H owever, the decisions to initiate and

r emove special watches must be the

r esponsibility of the medical officer or

t he consultant psychiatrist. But a hospital

o fficer has authority to give such

i nstructions where he or she believes an

i nmate may present a suicide risk and the m edical officer is not able to assess the

i nmate on the day of reception.

W hen the medical officer or

c onsultant psychiatrist places an inmate u nder special supervision, he should

p rovide written instructions to the

h ospital officer giving -

( a) an assessment of the inmate's current s tat e of mind;

( b) any information relevant to the nature or d egree of risk. e.g. recent suicide

at t em pts or threats, or pressing

per sonal/domestic problems;

( c) a date for the next review of the case.

T he Board is aware that imprisonment

c an emphasise the extremes of human

f eelings and that such feelings may be

e xpressed in violence towards others or

t owards oneself but it can offer no simple e xplanation for these tragic deaths. It is

o ur belief that, while efforts must

c ontinue to be directed to the improvement

o f the general quality of life within the

p rison, and the specific measures outlined m ay reduce the immediate risk of similar

t ragedies occurring, it must be emphasised t hat the prevention of such extreme

b ehaviour will always be very difficult to p redict.

T he staffing implications arising from

t he Board's decisions will be assessed over a period but it is considered possible that

t hey may exceed its existing resources.

T he Board appreciates that the two suicides a t La Moye Prison are a matter of public

c oncern, and consequently, after

c onsultation, it has decided to request the B ailiff to appoint one or more of the

J urats of the Royal Court to conduct an

i nquiry into the circumstances surrounding t he recent two suicides at La Moye Prison.

T he Board wishes to put on record

i ts appreciation of the dedication of the

g overnor, officers, doctors and other staff a t La Moye, particularly at this trying

t ime. Members of the Board also extend t heir thanks to the police, ambulancemen, a nd all others involved in the two

i ncidents for the efficient and co-

o perative ways in which they performed t heir various duties.

F inally the Board offers to the two f amilies involved its sympathy and u nderstanding.''

Strategic Policy Review 1995 - Part I ( 2000 & Beyond'') - P.107/95, P.118/95 and P.119/95

THE STATES commenced consideration of a proposition of the Policy and Resources Committee on the Strategic Policy Review 1995 - Part I ( 2000 & Beyond").

THE STATES accepted an amendment of the Policy and Resources Committee that in clause (ii) of sub-paragraph (a) there should be added at the

end of clause (ii) the words with the deletion of the first of the action points proposed for the Housing Committee''.

Sub-paragraph (a) was adopted as amended.

THE STATES accepted an amendment of the Planning and Environment Committee that in clause (i) of sub-paragraph (b) after the figures 6.6 there

should be inserted the words with the

substitution for the eleventh objective of the

following -

to protect the Island's special

a rchitectural and archaeological h eritage.''

and rejected the amended amendments of Deputy Alastair John Layzell of St. Brelade that in clause (i) of sub-paragraph (b) after the

figures 6.6 there should be inserted the words

with the following amendments -

( a) in the fifth objective delete the words ec onom ic and' and

( b) in the sixth objective for the word di s courage' substitute the word

pr eve nt'.''

Sub-paragraph (b) was adopted as amended.

THE STATES then adjourned until the next day, Wednesday, 13th September 1995 at 9.30 a.m.

THE STATES rose at 5.00 p.m.

G .H .C . C O P P O C K G r ef fi e r of the States.