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STATES MINUTES 1 4 t h M a r ch 1995 P ri c e : £ 1 . 5 0
T HE STATES assembled on Tuesday, 1 4th March 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 -
R obin Ernest Richard Rumboll, Deputy of St. H elier - out of the Island
J ohn Nicolle Le Fondré, Deputy of St.
L awrence - ill.
_ _ _ _ _ _ ______
P r a y e rs
_ _ _ _ _ _ ______
Extraordinary meeting - 8th May 1995
The Bailiff informed the States that an extraordinary meeting would be held at
2.15 p.m. on 8th May 1995 to celebrate the 50th anniversary of the liberation of Jersey from enemy occupation.
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Poisons (General Provisions)
( A m endment No. 7) (Jersey) Order 1995. R & O 8795.
2 . Therapeutic Substances (Supply
o f F lunisolide and Triamcinolone)
( J er sey) Order 1995. R & O 8796.
Matters presented
The following matters were presented to the
States -
1 . Agricultural loans: report for
1 9 9 4. R.C.5/95.
P r e sented by the Agriculture and
F i s heries Committee. THE STATES ordered t h at the said report be printed and
d i st ributed.
2 . Public lotteries: report for
1 9 9 4. R.C.6/95.
P r e sented by the Gambling
C o n trol Committee. THE STATES ordered t h at the said report be printed and
d i st ributed.
3 . Dwelling Houses Loan Fund:
a c c ounts for 1994. R.C.7/95.
P r e sented by the Housing
C o m mittee. THE STATES ordered that the s a id accounts be printed and
d i st ributed.
Presented on 7th March 1995 -
4 . Matrimonial Causes (Jersey) Law 1 9 4 9 - Review of the Law in Jersey r e la ting to divorce: discussion
d o c ument.
P r e sented by the Legislation
C o m mittee.
Matters noted - land transactions
THE STATES noted an Act of the Finance and Economics Committee dated 6th March 1995, showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Public
S e r vices Committee, the increase in the a n n ual rent to Gorey Boat Builders
L i m ited of the property The Quarry/The A n chorage, Gorey Pier, St. Martin, from
£1 2 ,062 to £13,500 with effect from
2 9 t h September 1994;
( b) as recommended by the Public Services
C ommittee, the lease to the Royal Channel
I slands Yacht Club of 273 square yards of
l and on the Bulwarks, St. Aubin, St.
B relade, for a period of nine years from
2 5th December 1991 until 24th December 2000 a t an annual rent of £2,800, subject to
i ncreases in line with car parking charges, f rom time to time;
( c) as recommended by the Sport, Leisure a n d Recreation Committee, the lease to t h e undermentioned persons of the
s p e cified areas of land in the vicinity
o f L es Creux, St. Brelade , for a period
o f s ix months from 23rd January to 31st
J u ly 1995, at an annual rent of £120 a
v e r gée, on the basis that a green crop
w o uld be required to be left in the
l a nd following the proposed potato
c r o p -
( i) Philip John Rondel - Fields
N o s . 5 33B (part) and 536, St.
B r el a d e (together measuring
4 .7 v er gées) at an annual rent of
£5 6 4 ( £282 for the six month
p er i o d );
( ii ) Kenneth Huelin - Fields Nos. 195, 1 9 6 , 1 97, 198, 198A, 202, 323,
3 2 5 , 3 26 and 514 and 515, 519,
5 2 0 , 5 21 and 522, St. Brelade
(t o g e th er measuring 66.25 vergées) at an a nnual rent of £7,950
(£ 3 , 9 7 5 for the six month period);
( d) as recommended by the Public
S e r vices Committee, the purchase from O rv iss Limited of 745 square feet of
l a nd at the junction of Castle Street
a n d Commercial Street, St. Helier, for a c o nsideration of £745, with the
C o m mittee being responsible for the
p a y ment of all reasonable legal costs
a n d for the necessary accommodation
w o rks involved;
( e) as recommended by the Planning
a n d Environment Committee, the lease f ro m Mrs. Odette Louise Mallinson, née G u iton, of La Basse Cour, Les
G ru pieaux, St. Peter, (a detached
t h re e-bedroom property) for a period of t w o years from 25th March 1995, for an a n n ual rent of £14,300, payable
q u a rterly in advance, subject to three
m o nths written notice on behalf of the
C o m mittee.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Petroleum-Spirit (Control)
( J er sey) Regulations 199 - P.34/95. P r e sented by the Defence
C o m mittee.
2 . Draft Nursing and Residential
H o mes (Jersey) Law 1994 (Appointed Day) A ct 199 - P.36/95.
P r e sented by the Public Health
C o mmittee.
3 . Jersey Consumer Council: a p p ointment - P.37/95.
P r e sented by the Policy and R e s ources Committee.
4 . Draft Island Planning (Use
C l a sses) (Amendment No. 2) (Jersey) R e g ulations 199 - P.38/95.
P r e sented by the Planning and
E n v ironment Committee.
L o d ged au Greffe'' on 7th March 1 9 9 5 -
1 . Public Employees Contributory R e t irement Scheme: legislation - P . 3 1/95.
P r e sented by the Establishment C o m mittee.
2 . Draft The Royal Bank of Scotland
I n te rnational Limited (Jersey) Law
1 9 9 - P.32/95.
P r e sented by Deputy R.E.R.
R u m boll of St. Helier and referred to
t h e Finance and Economics Committee.
3 . Industrial Relations Committee: a p p ointment of Project Officer - P . 3 3/95.
P r e sented by the Industrial
R e l ations Committee.
Arrangement of public business for the present meeting
THE STATES acceded to the request of Deputy Dereck André Carter of St. Helier that his amendment of the draft Sea Fisheries (Miscellaneous Provisions) (Jersey) Regulations 199 (P.6/95 - lodged au Greffe'' on 17th January 1995) be withdrawn.
THE STATES acceded to the request of Senator Reginald Robert Jeune , Vice-President of the Legislation Committee, that consideration of the draft Probate (Exemption from Production of Grant) (Jersey) Regulations 199 (P.23/95 - lodged au Greffe'' on 28th February 1995) be deferred from the present meeting.
THE STATES noted that Deputy Alan Breckon of St. Saviour had withdrawn paragraphs (1) and (3)
of his proposition regarding the States Housing Rental Scheme: revision (P.166/94 - lodged au Greffe'' on 13th December 1994) which were referred by the States to the Housing Committee, paragraph (2) having been adopted by the States
on 14th February 1995.
Arrangement of public business for the next meeting on 28th March 1995
THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the
next meeting on 28th March 1995 -
D raft Matrimonial Causes (Amendment N o. 8) (Jersey) Law 199 - P.18/95.
L odged: 14th February 1995.
L egislation Committee.
D raft Milk (Sale to Special Classes) ( Jersey) Regulations 199 - P.22/95. L odged: 28th February 1995.
E mployment and Social Security
C ommittee.
D raft Probate (Exemption from
P roduction of Grant) (Jersey) Regulations 1 99 - P.23/95.
L odged: 28th February 1995.
L egislation Committee.
D raft Bankruptcy (Désastre)
( Amendment) (Jersey) Law 199 - P.24/95. L odged: 28th February 1995.
F inance and Economics Committee.
2 -2½ Anley Street, St. Helier: sale
o f commercial warehouse - P.25/95.
L odged: 28th February 1995.
P lanning and Environment Committee.
P ublic Employees Contributory
R etirement Scheme: legislation - P.31/95. L odged: 7th March 1995.
E stablishment Committee.
D raft The Royal Bank of Scotland
I nternational Limited (Jersey) Law 199 - P .32/95.
L odged: 7th March 1995.
D eputy R.E.R. Rumboll of St. Helier.
I ndustrial Relations Committee:
a ppointment of Project Officer - P.33/95. L odged: 7th March 1995.
I ndustrial Relations Committee.
D raft Petroleum-Spirit (Control)
( Jersey) Regulations 199 - P.34/95. L odged: 14th March 1995.
D efence Committee.
D raft Nursing and Residential Homes
( Jersey) Law 1994 (Appointed Day) Act 1 99 - P.36/95.
L odged: 14th March 1995.
P ublic Health Committee.
Sixth Form College - question and answer (Tape No. 275)
Deputy Alastair John Layzell of St. Brelade asked the Connétable of St. Lawrence, President of the Education Committee the following question -
Will the President assure the House that t hose members of the Working Party
p resently studying the feasibility of a
S ixth Form College, who might ultimately disagree with the conclusions of that
W orking Party, will be given every
o pportunity to publish their own minority
r eport in the interests of conducting a
f ully informed debate on this vital
m atter?''
The President of the Education Committee replied as follows -
The question posed by Deputy Layzell
p resupposes that members of the working p arty of officers and senior teaching staff m ay wish to disagree with its conclusions.
T he group is working in a constructive and c ollaborative manner and it is my hope that t hey will continue to do so and reach full
a greement. Should this not be achieved then a ny member of the working party would be e ntitled to present a minority report which w ould be included in the publication
c ontaining the group's findings.''
16+ education - questions and answers. (Tape No. 275)
Senator John Stephen Rothwell asked the Connétable of St. Lawrence, President of the Education Committee the following questions -
1. W hat is the policy of the
E d u c a tion Committee on teachers b ec o m ing involved publicly in
p o li ti c al matters?
2 . Was the Committee aware that the heads
o f t he four 11-16 secondary schools
( fe e der schools) had written to parents
o n the subject of the 14+ transfer to
H au tlieu School? If so, did the
C o m mittee authorise them to do so?
3 . Will the report prepared by the
t e ac hers of Hautlieu School in response t o t he OFSTED study be released in its e n ti rety to States' members?
4 . In order to allay confusion that
a p p ears to exist amongst the general p u b lic, would the President say
w h ether -
( a ) her Committee has determined a p o li c y with regard to the future
o f H a u tlieu and 16+ education in
Je r s e y ; and
( b ) if, or when, the Committee has d et e r m ined that policy she will
p re s e n t to the States a clear
st a te m ent of that policy; of the
li k e ly timetable for any proposed ch a n g e s necessary to implement th a t p o licy; and the cost and
m a n p o wer implications?''
The President of the Education Committee replied as follows -
1. W hile guidelines are issued to st a ff re quiring that they should
d o n o t hing in their professional
ca p a c i ty nor in their private
li v e s to bring discredit on the
se r v ic e , no policy on teachers
b ec o m ing involved publicly in
p o li ti c al matters has ever been
es t a b li shed. However, since
S e p te m ber 1994 the Director, at
th e re q uest of the Education
C o n s u ltative Council and a number
o f h e a dteachers, has been involved
in d is c ussions with headteachers
an d t ea cher representatives with a
v ie w t o recommending a policy to th e E d ucation Consultative
C o u n c il. His recommendations will b e p r e sented to its next meeting
w h i ch will be held on 8th June
1 9 9 5 .
2 . The answer to both questions is No''.
3 . It is a matter for the teachers of
H au tlieu School to decide whether to r e le ase their response to the Ofsted
r e p ort to States' Members. My
C o m mittee, whilst not endorsing their r e p ort, has given approval to the staff f o r its publication.
4 . Members will be aware that my Committee h a s commissioned a working party
c o m prised of officers and the senior
s ta f f from the five secondary schools
w h o are producing an action plan for
t h e establishment of a Sixth Form
C o l lege. A brief has been agreed by the
g r o up and this includes detailed
c o n sideration of staffing and resource
i m plications as well as a timetable for
i m p lementation. Their report will be
p r e sented to my Committee on 26th April
1 9 9 5, following which we will decide
u p o n our policy and the content of the
r e p ort and proposition to be laid
b e f ore the States.
I t is not my intention that any change w o uld be implemented before the new t o w n secondary school opens. This will n o t be before September 1997 at the
e a rl iest and may not be until 1998.
H au tlieu will continue as a 14-18
s c h ool until that time.''
Terms of Employment officers: appointment
THE STATES, adopting a proposition of the Industrial Relations Committee, and in accordance with Regulation 6(1) of the Terms of Employment (Jersey) Regulations 1995 -
( a) appointed Mr. Kenneth William Syvret as T e r ms of Employment Officer for a
p e r iod of three years commencing 1st
A p ril 1995;
( b) appointed Advocate David Eldon Le Cornu a s D eputy Terms of Employment Officer
f o r a period of three years commencing
1 s t April 1995.
Health Care (Registration) (Jersey) Law 199 - P.19/94 and amendment P.28/95
THE STATES continued consideration of the draft Health Care (Registration) (Jersey) Law 199 , having on 15th March 1994 adopted the Preamble, Articles 1 and 2 and the Schedule, and referred back the remaining Articles for further consideration.
Article 3 was adopted, the States having accepted an amendment of the Public Health Committee that for sub-paragraphs (c) and (d) there should be substituted the following sub- paragraphs -
(c) he holds a qualification for the
ti m e b eing accepted for the
p u rp o s es of this Article by the
C o m m ittee; or
(d ) h e has had training and practical ex p e r i ence in the relevant
re g i st r able occupation which the C o m m ittee considers are together su f f ic i ent to enable him to
p ra c t is e that occupation.''
Articles 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 were adopted.
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Health Care (Registration) (Jersey)
Law 199 .
Sea Fisheries (Miscellaneous Provisions) (Jersey) Regulations 1995 - P.5/95
THE STATES, in pursuance of Articles 2, 5 and 22 of the Sea Fisheries (Jersey) Law 1994, made Regulations entitled the Sea Fisheries (Miscellaneous Provisions) (Jersey) Regulations 1995.
Kart racing circuit on Field No. 790, St. Peter - P.17/95 and report - P.29/95
THE STATES, adopting a proposition of the Sport, Leisure and Recreation Committee, requested the Planning and Environment Committee to reconsider its decision not to permit the establishment of
a kart racing circuit on Field No. 790, St.
Peter, as shown on drawing No. 464-1.
Members present voted as follows -
P o u r'' (37) Senators
S henton, Jeune , Horsfall, Rothwell, Le
M ain, Le Maistre, Chinn, Bailhache , Tomes.
Connétable s
S t. Clement, St. Lawrence, St. Mary, St. B relade, Grouville , St. Helier , St.
S aviour, Trinity , St. Martin, St. Ouen .
Deputies
W avell(S), Norman(C), Le Sueur(H), St.
O uen, St. Mary, S. Baudains(H), Le Geyt(S), W alker(H), Pullin(S), Trinity , Carter(H),
D uhamel(S), Matthews(B), Routier(H),
D orey(H), Breckon(S), St. Martin, St. John.
C o n tre'' (13) Senators
S tein, Syvret. Connétable s
S t. Peter, St. John. Deputies
S t. Peter, H. Baudains(C), Coutanche(L), H uelin(B), Crespel(H), Johns(H),
L ayzell(B), Grouville , Huet(H).
Parish Rate (Jersey) Law 199 - P.20/95
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Parish Rate (Jersey) Law 199 .
Fields 89 and 90, St. Brelade : rezoning for recreational and amenity use - P.21/95
THE STATES, adopting a proposition of the Planning and Environment Committee -
( 1) approved the rezoning of Fields 89 and 9 0 , St. Brelade , as shown on drawing
N o . 461/1, from Agricultural Priority
Z o n e, to use for recreational and
a m e nity purposes;
( 2) authorised the Greffier of the States t o s ign the said drawing on behalf of t h e States.
Members present voted as follows -
P o u r'' (32) Senators
J eune, Le Main, Le Maistre, Stein, Chinn, B ailhache, Tomes.
Connétable s
S t. Clement, St. Lawrence, St. Mary, St. B relade, St. Peter, St. Helier , St.
S aviour, St. John.
Deputies
N orman(C), St. Peter, H. Baudains(C), Le S ueur(H), St. Ouen , Coutanche(L),
H uelin(B), St. Mary, S. Baudains(H),
W alker(H), Crespel(H), Trinity , Johns(H), R outier(H), Dorey(H), Huet(H), St. John.
C o n tre'' (9) Senators
R othwell, Syvret. Deputies
L e Geyt(S), Pullin(S), Carter(H),
D uhamel(S), Layzell(B), Grouville , St. M artin.
Franchise (Amendment No. 3) (Jersey) Regulations 1995 - P.30/95 Revised
THE STATES, in pursuance of Articles 6 and 12 of the Franchise (Jersey) Law 1968, as
amended, made Regulations entitled the Franchise (Amendment No. 3) (Jersey) Regulations 1995.
THE STATES rose at 3.40 p.m.
G .H .C . C O P P O C K G re f fi e r o f the States.