States Assembly 17th January 1995

STATES MINUTES 1 7 t h J a n uary 1995   P ri c e : £ 2 . 2 5

T HE STATES assembled on Tuesday,  17th January 1995 at 10.15 a.m. under t h e Presidency of the Bailiff ,

S i r P eter Crill, K.B.E.

_ _ _ _ _ _ ______

All Members were present with the exception of -

S enator Richard Joseph Shenton - out of the I sland

S enator Antony Beresford Chinn - absent M alcolm Pollard, Connétable of St. Peter -

o ut of the Island

R obert Lester Le Brocq, Connétable of St. H elier - out of the Island

C arlyle John Le Herrisier Hinault,

C onnétable of St. John - ill

J ohn Nicolle Le Fondré, Deputy of St.

L awrence - ill

D avid Leon Crespel, Deputy of St. Helier - i ll

_ _ _ _ _ _ ______

P r a y e rs

_ _ _ _ _ _ ______

Royal Visit - His Royal Highness The Prince of Wales

The Bailiff informed the House officially of the forthcoming visit of His Royal Highness The Prince of Wales on 9th May 1995.

Senator Reginald Robert Jeune expressed the pleasure which news of the visit had given to all Members of the House and proposed the appointment of a Royal Visit Committee.

THE STATES agreed to form a Committee under the chairmanship of the Bailiff comprising the

following -

S enior Member

P resident, Finance and Economics Committee P resident, Occupation and Liberation

C ommittee

V ice-President, Occupation and Liberation

C ommittee

P resident, Defence Committee

P resident, Education Committee

P resident, Public Services Committee

C onnétable of St. Helier

S enior Deputy .

New Year's Honours

Senator Reginald Robert Jeune offered the sincere congratulations of all the Members of

the House to the Bailiff on his elevation to Knight of the Order of the British Empire, and

to Geoffrey Colin Powell, Esquire, Chief Adviser to the States, on his being made an Officer of

the British Empire.

Tribute to the late Miss Enid Le Feuvre, M.B.E. - former Deputy of St. Helier

The Bailiff paid tribute to the late Miss Enid

Le Feuvre, M.B.E., former Deputy of St. Helier.

THE STATES observed one minute's silence as a mark of respect.

States' Members - illness

The Bailiff , on behalf of the States, welcomed back the Connétable of St. Saviour, following his recent illness and, informing the House that Deputy John Nicolle Le Fondré of St. Lawrence and Deputy David Leon Crespel of St. Helier had both recently undergone operations, wished them a full recovery.

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Public Finances (General)

( A m endment No. 19) (Jersey) Rules 1994. R & O 8771.

2 .  Royal Court (Remuneration of C o m missioners) (Jersey) Order 1994. R & O 8772.

 3 .  Court of Appeal (Remuneration of

O  rd inary Judges) (Jersey) Order 1994. R & O 8773.

 4 .  Limited Partnerships (General

P r o visions) (Jersey) Order 1994. R & O 8774.

 5 .  Limited Partnerships (Fees)

( J er sey) Order 1994. R & O 8775.

 6 .  Control of Borrowing (Amendment N  o . 7) (Jersey) Order 1994.

    R & O 8776.

 7 .  Royal Court (Amendment No. 5) R u l es 1995. R & O 8777.

 8 .  Island Planning (Tree

P r e servation) (Saint Helier) (No. 2) ( J er sey) Order 1995.

R & O 8778.

Matters presented

The following matter was presented to the States -

W elfare benefits: recommended rates

f rom 1st January 1995 - R.C.1/95.

P resented by the Finance

a nd Economics Committee. THE STATES ordered t hat the said report be printed and

d istributed.

The following matter was presented to the States on 3rd January 1995 -

S tates housing rental scheme:

r evision (P.166/94) - comments of the

F inance and Economics Committee - P.3/95. P resented by the Finance and

E conomics Committee.

Matters noted - land transactions

THE STATES noted Acts of the Finance and Economics Committee dated 19th December 1994 and 9th January 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 ervices Committee, the sale to Gymcrak L i m ited of 407 square feet of land

w  it hin the Green Street car park, St.

H  el ier, in order to allow a housing

d e v elopment to proceed, for a

c o n sideration of £407, with the company b e in g responsible for the payment of

a l l reasonable legal fees involved in

t h e transaction and the cost of the

n e c essary accommodation works;

 ( b) as recommended by the Public

S e r vices Committee, the purchase from M  r . Leslie Evans of 1,529 square feet

o f l and at Field No. 573, St. Saviour,

r e q uired for the construction of a

s e w erage pumping station, for a

c o n sideration of £1,529, with the

C o m mittee being responsible for all the n e c essary legal expenses involved in

t h e transaction and for the cost of

a c c ommodation works;

 ( c) as recommended by the Public

S e r vices Committee, the purchase from H  i- Design Limited of a pumping station s ta n ding on 722 square feet of land at

F i e ld No. 146, St. Clement, for a

c o n sideration of £10, with the

C o m mittee being responsible for the

p a y ment of all the necessary legal

f e es ;

( d) as recommended by the Public Services C ommittee, the purchase from Mrs. Margaret A nn Church, née Terry, of 915 square feet

o f land at Field No. 702A, Grouville ,

r equired for a road improvement scheme, for a consideration of £915, with the

C ommittee being responsible for the cost

o f the accommodation works and legal fees

i nvolved;

( e) as recommended by the Public Services C ommittee, the purchase from Mr. Francis P iers Bois of 1,180 square feet of land at

F ield No. 549, St. Peter, required for a

r oad improvement scheme, for a

c onsideration of £1,180 with the Committee b eing responsible for the cost of all

r easonable legal fees and accommodation w orks incurred as a result of the

t ransaction;

( f) as recommended by the

T e l ecommunications Board, the lease

f ro m Mr. John Graham Payn, of land on t h e bank between Field No. 946, St.

P e t er, and the yard at High View House, S t . Peter, required to house a GSM

m  o bile telephone site, for a period of

n i n e years at an annual rent of £200

a n d an initial payment of £3,000 as

c o m pensation for the inconvenience

c a u sed during the works;

 ( g) as recommended by the

T e l ecommunications Board, the lease f ro m P.J. Blandin and Sons, of land at F i e ld No. 197, Mont Ube, St. Clement, r e q uired to house a GSM mobile

t e le phone site, for a period of nine

y e a rs at an annual rent of £200 and an i n it ial payment of £3,000 as

c o m pensation for the inconvenience

c a u sed during the works;

 ( h) as recommended by the Harbours and A  ir port Committee, the lease to the

J e rs ey Rowing Club of the Old Lifeboat H  o use, La Folie, St. Helier Harbour,

f o r a period of nine years from 1st

J a n uary 1995, at an annual rent of

£1 , 500 (representing a rate of

a p p roximately £1.42 a square foot)

s u b ject to annual review;

 ( i) as recommended by the Harbours and

A  ir port Committee, the lease to Jersey

C r u ising School and Yacht Charters

L i m ited of ground floor premises

( m e asuring 490 square feet) on the New N  o rth Quay, St. Helier Harbour, for a

p e r iod of three years from 25th

N  o vember 1994 at an annual rent of

£6 , 939.33 (representing a rate of

£1 4 .16 a square foot) payable quarterly

i n a dvance and subject to annual

r e v iew;

 ( j) as recommended by the Harbours and A  ir port Committee, the lease to the

J e rs ey Carriage Driving Society of

F i e ld No. 573A, St. Ouen (measuring 3 . 2 0.0 vergées) for a period of three

y e a rs from 1st January 1995, at an

a n n ual rent of £400 subject to review

o n 1st January 1998 and 1st January

2 0 0 1;

( k) as recommended by the Housing

C o m mittee, the purchase from the Parish

o f S t. Helier of No. 6 Hilary Street,

S t . Helier, a three-bedroom property,

f o r the sum of £98,000 with each party b e in g responsible for its own legal

f e es ;

 ( l) as recommended by the Defence

C ommittee, the renewal of the lease

f ro m Mr. John Hamon of the two-bedroom b u n galow Petit Vermont, Woodbine

C o r ner, La Route des Genets, St.

B r e lade, to accommodate an officer of

t h e Territorial Army, for a period of

f iv e months with effect from 9th

D  ec ember 1994 at an annual rent of

£1 0 ,400;

 ( m) as recommended by the Island

D  ev elopment Committee, the lease from V  ic tor Hugo Properties Limited of the

V  ic tor Hugo site, Grève d'Azette, St.

C l e ment, for a period of nine years

r e n t free, commencing from the date of s ig n ing the agreement, subject to a

b r e ak clause at any time should the

C o m pany undertake to recommence its d e v elopment programme or sell the site t o a third party who would recommence t h e development programme. (The

C o m mittee rescinded its Act No. 2(e) of 1 9 t h September 1994);

 ( n) as recommended by the Education

C o m mittee, the renewal of the lease

f ro m the Trustees of St. Saviour's

C h u rch of Fields Nos. 500 and 501, St. S a v iour, comprising the Glebeland to

t h e rear of St. Saviour's Parish

C h u rch, for a period of three years

f ro m 1st January 1995 at an annual rent

o f £ 2,100;

 ( o) as recommended by the Housing

C o m mittee, the grant of wayleave to the J e rs ey Electricity Company Limited

a c ro ss the site of Le Jardin de la

H  au teur, St. Helier , free of charge,

w  it h each party being responsible for

i ts o wn legal fees.

Matter noted - acceptance of tender

THE STATES noted an Act of the Finance and Economics Committee dated 9th January 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 six tenders, namely that submitted by Stansell QVC Limited in the sum of £1,896,888 for the re- modelling of First Tower School.

Matters lodged

The following subjects were lodged au Greffe'' -

 1 .  Draft Medicines (Jersey) Law

1 9 9 (P.106/94): amendment - P.4/95. P r e sented by the Public Health

C o m mittee.

 2 .  Draft Sea Fisheries

( M  iscellaneous Provisions) (Jersey) R e g ulations 199  - P.5/95.

P r e sented by the Agriculture and

F i s heries Committee.

 3 .  Draft Sea Fisheries

( M  iscellaneous Provisions) (Jersey) R e g ulations 199 (P.5/95):

a m e ndment - P.6/95

P r e sented by Deputy D.A. Carter

o f S t. Helier.

L odged on 20th December 1994 -

 4 .  Draft Sea Fisheries

( M  iscellaneous Provisions) (Jersey) R e g ulations 199  - P.171/94.

P r e sented by the Agriculture and

F i s heries Committee.

 5 .  Draft Firearms (Jersey) Law 1 9 9  - P.172/94.

P r e sented by the Defence

C o m mittee.

L odged on 3rd January 1995 -

 6 .  Housing Committee: capital

p r o gramme 1995-1999 - P.1/95. P r e sented by the Housing

C o m mittee.

 7 .  Golf course at Les Quennevais

c a m p site and associated land, St. B r e lade - P.2/95.

P r e sented by the Planning and E n v ironment Committee.

Arrangement of public business for the present meeting

THE STATES acceded to the request of the President of the Agriculture and Fisheries Committee that the draft Sea Fisheries (Miscellaneous Provisions) (Jersey) Regulations 199 (P.171/94 - lodged au Greffe'' on 20th December 1994) be withdrawn and that the revised Draft Regulations (lodged au Greffe'' at the present meeting - P.5/95) be considered on 31st January 1995.

THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the present meeting -

L es Landes heathland area, St. Ouen - P .51/94.

L odged: 12th April 1994.

P ublic Services Committee.

L es Landes heathland area, St. Ouen ( P.51/94): amendment - P.153/94.

L odged: 22nd November 1994.

S enator V.A. Tomes.

D raft Companies (Amendment

N o. 2) (Jersey) Law 199 - P.162/94. L odged: 6th December 1994.

F inance and Economics Committee.

D raft Bankruptcy

( Désastre) (Amendment) (Jersey) Law 199  - P .163/94.

L odged: 6th December 1994.

F inance and Economics Committee.

D raft Finance (Jersey) Law 199 -

P .164/95.

L odged: 6th December 1994 in Second R eading.

F inance and Economics Committee.

D raft Health Insurance

( Amendment No. 8) (Jersey) Law 1994 ( Appointed Day) Act 199  - P.165/94. L odged: 13th December 1994.

E mployment and Social

S ecurity Committee.

S tates housing rental

s cheme: revision - P.166/94.

L odged: 13th December 1994.

D eputy A. Breckon of St. Saviour.

G olf course, Les Creux, St.

B relade - P.169/94 (Revised). L odged: 13th December 1994. S port, Leisure and

R ecreation Committee.

S port, leisure and

r ecreation premises: transfer of

a dministration - P.170/94.

L odged: 13th December 1994 by Deputy I.S. N icholls of Grouville .

E ducation Committee.

Arrangement of public business for the next meeting on 31st January 1995

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

next meeting on 31st January 1995 -

P olicing system in Jersey: independent r eview - P.94/94.

Lodged: 19th July 1994.

D efence Committee.

L ongbeach, Gorey - compensation:

s upplementary vote of credit - P.133/94.

L odged: 25th October 1994 by Senator R.J. S henton.

F inance and Economics

C ommittee.

H ousing Committee: Capital Programme 1995 - 1 999 - P.1/95.

L odged: 3rd January 1995.

H ousing Committee.

D raft Sea Fisheries (Miscellaneous

P rovisions) (Jersey) Regulations 199 - P .5/95.

L odged: 17th January 1995.

A griculture and Fisheries Committee.

D raft Sea Fisheries (Miscellaneous P rovisions (Jersey) Regulations

1 99 . (P.5/95): amendment - P.6/95. L odged: 17th January 1995.

D eputy D.A. Carter of St.

H elier.

La Hague nuclear reprocessing plant. Question and answer (Tape No. 266)

Senator Stuart Syvret asked Senator Reginald Robert Jeune , President of the Policy and Resources Committee, the following question -

  As a result of a decision of the States

o f 26th November 1992 the Foreign and

 C ommonwealth Office sent a note verbale'

 t o the French Embassy in London informing  t hem that the States of Jersey had objected

 t o any further intensification of the

 n uclear reprocessing plant at Cap de la

 H ague; and had requested that the objection

 b e forwarded to the French government. That  n ote was dated 27th January 1993. Will the

 P resident inform the States if any reply

 w as received from the French government,

 a nd if so will he provide members with a

 c opy of that reply?''

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

  I should like to inform the House that

 t he reason why this question is being

 a ddressed to the President of the Policy

 a nd Resources Committee is that I have

 a greed with the President of the Defence  C ommittee that questions relating to

 n uclear energy involving constitutional or  i nternational relationships covering

 t reaties, conventions, agreements etc. will  b e dealt with by my Committee as the

 C ommittee responsible for such matters

 g enerally. Issues of safety and emergency  p lanning within the Island will remain the  r esponsibility of the Defence Committee.

T urning to the Senator's question, the

c urrent position is that to date the

I nsular Authorities have not seen any reply f rom the French government to the Foreign a nd Commonwealth Office note. The Bailiff h as been asked however to make enquiries through official channels as to whether any s uch reply has been received by the Foreign a nd Commonwealth Office.''

Shipping of vitrified nuclear waste. Questions and answers. (Tape No. 266)

Deputy Gary Matthews of St. Brelade asked Deputy Leonard Norman of St. Clement , Vice-President of the Harbours and Airport Committee, the following questions -

1.  W ill the President inform Members

o f th e actual date of the proposed

sh i p m e nt of vitrified nuclear

w a s te from La Hague to Japan?

 2 .  What is the proposed route of the

c a rr ying vessel and how close to the C h a nnel Islands will it come?

 3 .  In the event of the ship carrying

v i tr ified nuclear waste from La Hague t o J apan getting into difficulty, will

t h e Jersey authorities allow the ship

t o t ake shelter in Jersey waters or to

b e r th at any Island harbour?

 4 .  Would the President inform Members how m  an y tonnes of vitrified nuclear waste

w  il l be carried on vessel?

 5 .  How soon after the proposed first

s h ip ment is the next shipment expected

t o t ake place? What is the proposed

f re q uency of such shipments from France t o J apan in the future?''

The Vice-President of the Harbours and Airport Committee replied as follows -

1.  T he actual date is not yet

av a i la b le, but COGEMA has advised th a t t h e shipment will take place

d u ri ng the second half of

F e b ru a ry.

 2 .  The exact route has yet to be made

k n o wn to us, but after leaving

C h e rbourg and entering the traffic

s e p aration zones it will not pass

c l os er than twenty miles north of

A  ld erney, in other words no closer to J e rs ey than 50 miles.

 3 .  The Jersey authorities cannot deprive a n y ship of obtaining shelter in our

w at ers, nor would we wish to do so on h u m anitarian grounds.

A  s to berthing in a Jersey harbour, if

s u c h a request was made which is

e x tr emely unlikely, the Committee would s e e k the advice of the appropriate a u th orities.

 4 .  There will be 14 tonnes of vitrified n u c lear waste carried on the vessel c o n tained in 28 sealed containers

i n si de one specially constructed and a p p roved transport flask.

I t is probably worth mentioning at this s ta g e that in the worst possible

s c e nario, that is the ship sinking and b r e aking up, the outer transport flask b r e aking up and the 28 sealed

c o n tainers splitting open on the sea

b e d , no radiation would be detectable b e y ond 30 feet from the waste. I hope t h at this information puts this matter

i n to perspective.

 5 .  It is expected that there will be a

f u rt her shipment of vitrified nuclear w  as te later in the year and thereafter t h re e such shipments a year.''

Housing need and the States housing waiting list. Questions and answers. (Tape No. 266)

Deputy Gary Matthews of St. Brelade asked Deputy Leonard Norman of St. Clement , President of the Housing Committee, the following questions -

1.  A re the Housing Committee's

p ro j e c tions on housing need for

th e Is l and based on the need to

d ev e l o p and implement a housing p o li c y for a resident population

o f 8 2 ,0 00 individuals?

 2 .  How many new applicants have been a l lo wed on to the States housing

w  ai ting list in the last two years?''

The President of the Housing Committee replied as follows -

1.  T he Housing Committee's

p ro j e c tions on meeting the housing

n ee d s of the Island over the next

fe w y e ars are based partly on the

1 9 9 1 C ensus figure of 84,082,

ad j u s te d downward by the Economic A d v i se r's office to an estimated

re s id e n t population today of

8 2 ,0 0 0 . The 1996 Census will

p ro v i d e the next opportunity to es t a b li sh the actual population of th e Is l and.

P e r iodically, a report entitled

R e sidential Land Availability Review',

p r e pared by the Planning Department in

c o n sultation with the Housing

D  ep artment and Office of the Chief

A  d viser, is presented to the States by

t h e Planning and Environment Committee. T h e Housing Committee considers this

d o c ument to be a useful guide in

r e v iewing its policy to meet the

I s la nd's housing needs.

T h e latest report, presented to the

S t a tes in September 1994, estimated

h o u sing requirements over the next five t o s even years by drawing on

i n fo rmation from the 1991 Census,

H  o using Department records (including w  ai ting lists), assumptions about

fu t ure demographic and economic trends a n d reviewing the status of land

a l re ady earmarked for residential

d e v elopment.

T h e report maintained the conclusion of t h e previous report on the subject,

t h at the existing housing stock,

c o m bined with the development potential

o f t he sites already identified for

h o u sing purposes, would probably be

s u f ficient to meet the Island's housing

n e e ds for the period up to the year

2 0 0 0, provided that identified sites

d i d not lose their residential status

a n d were developed within the

a p p ropriate time-frame.

T h e Housing Committee, when reviewing i ts s trategic policies as set out in

i ts r eport Housing: Strategy for the

9 0 's ' approved by the States in

N  o vember 1991, will continue to take

a c c ount of any changes in the status,

a v a ilability or yield of sites such as

P o s tal Headquarters, Lesquende or the

W  a terfront, which are currently

i d en tified as likely to provide a

s ig n ificant number of residential units

b e f ore the end of the decade, and will

a l so note any fluctuations in waiting l is t s and demographic and economic t re n ds.

 2 .  During the period 1st January 1993 to 3 1 s t December 1994, a total of 580

i n d ividuals/families have been accepted

o n t o the States housing rental waiting

l is t .''

State liability for nuclear waste. Questions and answers. (Tape No. 266)

Deputy Gary Matthews of St. Brelade asked Senator Reginald Robert Jeune , President of the Policy and Resources Committee, the following questions -

1.  A re there any EU treaties or E u ra t o m treaties that apply to

Je r s e y (in the context of Protocol N o . 3 which defines our special re l a ti o nship' with the EU) that

p re v e n t one Member State from

ta k i n g action that risks causing

ec o l o g ical damage to the territory

o f a n o ther Member State?

 2 .  Under the terms of the International

C o n vention on Liability and

C o m pensation in connection with the

C a r riage of Hazardous and Noxious

S u b stances by Sea (HNS Convention), w  h ich H.M. Government has ratified on b e h alf of Jersey, are any obligations

i m p osed on France as the shipper and

J a p an as the receiver in terms of

p r o tecting the environment and people

o f t he Channel Islands? Can the States

c o m plain to any international authority r e g arding the risks involved in the

t ra n sportation of vitrified nuclear

w  as te?

 3 .  Is the President aware of current

i n it iatives, at the International

A  to mic Energy Agency's Standing

C o m mittee on Nuclear Liability to

r e n egotiate the Vienna Convention on C i v il Liability for Nuclear Damage and t h e Paris Convention on Third Party

L i a bility in the field of Nuclear

E n e rgy, so as to introduce strict,

a b s olute and unlimited State liability

f o r nuclear damage, including all

e n v ironmental damages and those that

o c c ur during the transportation of

n u c lear materials? Does the President i n te nd to add his and his Committee's v o i ce to such international calls to

e s ta blish liability in these matters?''

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

1.  T here are no EU treaties or

E u ra t o m treaties that apply to

Je r s e y in the context of Protocol

3 w  h ic h defines the Island's

re l a ti o nship with the European

U n i o n . European Union treaties

re l a ti n g to the environment do not ex t e n d to the Island under the

te r m s of that relationship.

P ro tocol 3 limits the relationship es s e n ti ally to matters affecting

fr e e t ra de in goods.

E n q uiries have been made through our c o n tacts in Brussels and in their

r e sp onse they have drawn a distinction b e tw een external treaties to which the E u r opean Union or Euratom is a party a n d internal European Union law

r e su lting from the European Union or E u r atom Treaties.

W  it h regard to international treaties

o n the environment the European Union's l e ga l competence and manner of

p a r ticipation in these treaties raises

c o m plex issues.  In essence,

e n v ironmental policy is a field where

t h e Community as such and the Member S t a tes share competence. Thus,

i n te rnational conventions on the

e n v ironment are usually negotiated,

s ig n ed and implemented both by Member S t a tes and the Community's

i n st itutions. Increasingly, and

p a r ticularly to the extent that the

E u r opean Union has adopted internal

r u le s in particular environmental

a r ea s, the Commission negotiates on

b e h alf of the European Union and

r e p resents the European Union in any

i n st itutions created by the Conventions

i n q uestion.

T h e Convention on Environmental

I m p act Assessment in a Transboundary

c o n text, negotiated under the auspices

o f t he UN Economic Commission for

E u r ope, was signed by a number of

c o u ntries including all EU Member

S t a tes and by the European Community in F e b ruary 1991. This Convention creates

a m  echanism at the international level

t o p revent one territory from risking

e c o logical damage to the territory of

a n o ther. In July 1992 the Policy and

R e s ources Committee requested the

e x te nsion of the Convention to the

I s la nd.

W  it h respect to internal EU matters, A  rt icles 130r-t of the EC Treaty cover t h e EU's environmental policy

g e n erally. Article 130r(2) provides

t h at -

C o m m unity policy on the

en v i r o nment shall aim at a high

le v e l o f protection taking into

ac c o u n t the diversity of

si tu a t io ns in the various regions

o f th e Community. It shall be

b as e d on the precautionary

p ri n c ip le and on the principles

th a t p r eventive action should be

ta k e n , that environmental damage

sh o u l d as a priority be rectified

at so u r ce and that the polluter

sh o u l d pay. Environmental

p ro t e c tion requirements must be

in t e g ra ted into the definition and

im p le m entation of other Community p o li c ie s.'

T h e Treaty establishing the European

A  to mic Energy Community (the Euratom T r e aty') does not specifically address

e n v ironmental issues but covers health

a n d safety of workers and general

p u b lic concerns about the dangers

a r is ing from ionizing radiation.

T h e European Treaties themselves do n o t specifically address the question

w h ether one territory can be prevented f ro m risking ecological damage to the t e rr itory of another state. However, EU l e gi slation has developed in recent

y e a rs in large part as a response to

s u c h environmental concerns over

p o l lution in the Rhine and various

o t h er industrial accidents (e.g.

S e v eso). For many years now the

C o m munity has been grappling with

i ss u es of the transboundary effects of p o l lution and other environmental

d a m age and the related issues of

l ia b ility. The issue of transboundary

e f fe cts is reflected in the

C o m mission's so-called Fifth Action P r o gramme: A New Strategy for the

E n v ironment and Sustainable

D ev elopment'. The Programme states -

I t is p articularly important to

st r en g t hen regional co-operation

to ta c k le specific transboundary

p ro b l e ms. The introduction of

en v i r o nmental considerations into re g i o n al co-operation instruments an d t h e establishment and

ef f e c ti ve enforcement of

ap p r o p riate legal agreements are

n ee d e d to prevent the

tr a n sp o sition of environmental

p ro b l e ms or transfers of pollution

fr o m o ne country to its

n ei g h b ours. A high priority should th e r e fo re be attached to the

ad o p t i on of effective rules for

th e m a nagement and protection of sh a r e d environmental resources for th e p re vention of detrimental

tr a n sb o undary impacts, and

ag r e e ments on civil liability and

co m  p e nsation for environmental

d am  a g e.

In th i s context, the Community

m u s t a ctively support regional

in i ti a ti ves in these areas,

es p e c i ally within the UN-ECE and th e C o uncil of Europe, by

p ar t ic i pating in the new

co n v e n tion on environmental impact as s e s sm ent in a transboundary

co n t e x t, in the negotiations on

p re v ention and control of

tr a n sb o undary effects on

in d u s tr ial accidents and

d el i b er ations on civil liability

fo r d a m age resulting from

ac t iv i t ies dangerous to the

en v i r o nment.'

T h e Fifth Programme makes reference to c i vi l liability for damage resulting

f ro m the activities dangerous to the e n v ironment. The Commission has c o n sidered the issues relating to

l ia b ility for many years, but concrete p r o posals on liability have not yet

e m e rged.

S o m e examples of specific EU

l e gi slation in which these concerns on

t ra n sboundary environmental effects are r e fl ected concretely, include Council

D  ir ective 85/337/EEC on the assessment

o f t he effects of certain public and

p r iv ate projects on the environment.

A  rt icle 7 discusses transboundary

e f fe cts and provides that -

W h e r e a Member State is aware

th a t a p roject is likely to have

si g n if i cant effects on the

en v i r o nment in another Member

S ta t e o r where a Member State

li k e ly to be significantly

af f e c te d so requests, the Member

S ta t e i n whose territory the

p ro j e c t is intended to be carried

o u t sh a ll forward the information

g at h e r ed pursuant to Article 5 to

th e o th er Member State at the same ti m e a s it makes it available to

it s o w n nationals. Such

in f o rm  ation shall serve as a basis

fo r a n y consultations necessary in th e fr a mework of the bilateral

re l a ti o ns between the two Member S ta t e s on a reciprocal and

eq u i v a lent basis.'

S i m ilarly, in the Commission's Proposal f o r a Council Directive on integrated

p o l lution prevention and control, there is also a reference to transboundary

e f fe cts. Article 16 of the proposed

D ir ective provides that -

I n t h e case of new installation

o r s u b stantial changes to

in s ta l la tion which are likely to

h av e s ignificant effects on the

en v i r o nment of another Member S ta t e , the Member States shall

ta k e a l l steps necessary to ensure th a t A  rticle 7 of the directive

8 5 /3 3 7 /EEC applies to any

ap p l i ca tion for a permit or for a su b s t a ntial change.'

I a m informed by our Brussels contacts t h at in the years to come it is

e x p ected that more focus will be given t o t ransboundary effects and to civil

l ia b ility for any accidents causing

e n v ironmental damage.''

Jersey College for Girls. Questions and answers. (Tape No. 266)

Deputy Alastair John Layzell of St. Brelade asked the Connétable of St. Lawrence, President of the Education Committee, the following questions -

1.  W ill the President explain what st e p s h er Committee has taken to en s u r e that pupils at the Jersey

C o ll e g e for Girls attend a

re g u l a r, religion-based school

as s e m b ly?

 2 .  Will the President confirm her

C o m mittee's desire to see the

t ra d itional relationship between Mont C a n tel School and the Jersey College f o r Girls continue?

 3 .  Will the President explain the policy

o f J CG's new headmistress in relation

t o g irls from Mont Cantel who wish to c o n tinue their education at the

C o l lege?''

The President of the Education Committee replied in the following terms -

1.  A ll schools are required to

p ro v i d e broadly Christian acts of

co l l ec t ive worship for all pupils.

T h is h as been defined by the

B r it is h Council of Churches as an

o p p o rt unity to recognise,

ce l e b ra te and affirm those issues,

v al u e s and realities which are

ce n t r al to the concerns of the

sc h o o l community and to the wider co m  m  unity which it serves'.

T h e Committee monitors the provision m  ad e in its schools through its

o f fi cers and I can confirm that at

J e rs ey College for Girls, there are

a s s emblies held on four days each week w  h ich fulfil the requirement.

T h e issue of worship in schools has,

f o ll owing the statement made by Dr.

J o h n Hapgood, Archbishop of York,

a t tr acted much attention in the United

K  in gdom. Our own Religious Education A  d visory Council, whose membership is m  ad e up of representatives of the

c h u rches, teachers and the Committee,

c o m missioned a working group to produce a r e port which was considered at the

m  ee ting of the Council held on 16th

J a n uary. The intention is that detailed

a d v ice will be provided for schools and

I w  ould be pleased to make this

a v a ilable to interested members.

 2 .  The relationship between Jersey College f o r Girls Preparatory School and Jersey

C o l lege for Girls was placed on a new

f o o ting in 1988 when a previous

E d u cation Committee determined that the h e a ds of both Jersey College for Girls

P r e paratory School and Victoria College P r e paratory School would have the

s ta t us of headteachers in their own

r ig h t. Previously the Preps were viewed

a s D epartments of the Colleges albeit

p r o gression to the Colleges was

d e te rmined by a process of selection.

H  o wever, Jersey College for Girls

P r e paratory School and Jersey College f o r Girls continue to have a close

r e la tionship through, for example,

c u r riculum liaison, a common parent

t e ac her association and attendance at

t h e College Advisory sub-committee by t h e headteacher of the Preparatory

S c h ool.

T h e Committee intends that this

r e la tionship will be maintained and t h is intention is made clear by the r e lo cation of the main College and P r e paratory School at Mont Millais w  h ich ensures that the schools will c o n tinue to benefit from their close p r o ximity.

 3 .  The new principal of Jersey College for G  ir ls is maintaining the established

p o l icy in relation to admission to the

C o l lege. Admission to the College is by m  ea ns of a selective process through

w  h ich places are offered to the most a b le pupils applying in any one year. T h e re has been no change in the policy i n r elation to pupils at Mont Cantel

w  h o wish to gain entry to Jersey

C o l lege for Girls.

 4 .  Between 1989 and 1994, the number of a p p lications for places at Jersey

C o l lege for Girls varied from 75 to

1 0 6 . For 1995, the number of

a p p lications is 125 and, in accordance

w  it h the established policy in relation

t o a dmissions, places have been offered t o t hose pupils who were judged to be

t h e most able applicants. Members will a p p reciate that when the demand for

p l ac es exceeds the supply it is vital

t o a pply a system of selection which is r ig o rous and fair to all applicants.''

Acte (1995) mettant en vigueur la Loi (1994) (Amendement No. 3) sur le Collège Victoria

LES ETATS, en vertu des pouvoirs conférés par l'Article 3 de la Loi (1994) (Amendement No. 3) sur le Collège Victoria, ont adopté l'Acte

(1995) mettant en vigueur la Loi (1994) (Amendement No. 3) sur le Collège Victoria.

Albert Pier Terminal, St. Helier Harbour - refurbishment: approval of drawings

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

 ( a) approved drawings Nos. 1339/1A and

1 3 3 9/2 showing the refurbishment of the A  lb ert Pier Terminal, St. Helier

H  ar bour;

 ( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t h e States.

Waterfront Enterprise Board: appointment of member

THE STATES, adopting a proposition of the Policy and Resources Committee, referred to their Act dated 9th November 1993 appointing the chairman and members of the Waterfront Enterprise Board, and appointed Mr. John Claude Tibbo as a member of the Board in place of Mr. Albert Burgess for the period ending 9th May 1998.

Les Landes Heathland area, St. Ouen - P.51/94 and P.153/94

THE STATES commenced consideration of a proposition of the Public Services Committee concerning the transfer of administration from the Public Services Committee to the Planning and Environment Committee of Les Landes heathland area, St. Ouen.

THE STATES adopted an amendment of Senator Vernon Amy Tomes that for the words to the Planning and Environment Committee of Les Landes heathland area, St. Ouen, comprising 500 vergées