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STATES MINUTES 2 1 st N o vember 1995 P ri c e : £ 1 . 5 0
T HE STATES assembled on Tuesday, 21st November 1995 at 9.30 a.m. under t h e Presidency of the Bailiff ,
P hilip Martin Bailhache , Esquire
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His Excellency the Lieutenant Governor,
General Sir Michael Wilkes, K.C.B., C.B.E, w a s p r e sent.
_ _ _ _ _ _ ______
All Members were present with the exception of -
Senator Vernon Amy Tomes - out of the Island Leonard René Hamel, Connétable of St. Clement - excused.
Kenneth Priaulx Vibert , Connétable of St. Ouen - ill
Carlyle John Le Herissier Hinault,
Connétable of St. John - ill
Robin Ernest Richard Rumboll, Deputy of St. Helier - out of the Island
Derek Ryder Maltwood, Deputy of St. Mary - out of the Island
Gary Matthews, Deputy of St. Brelade - out
of the Island
Imogen Stephanie Nicholls, Deputy of Grouville - ill.
_ _ _ _ _ _ ______
P r a y e rs
_ _ _ _ _ _ ______
Committee of Inquiry into recent suicides at La Moye Prison - report
The Bailiff presented to the States the Report of the Committee of Inquiry into the circumstances surrounding two recent suicides at La Moye Prison.
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Motor Cars (Driving Instruction)
( A m endment No. 6) (Jersey) Order 1995. R & O 8879.
2 . Motor Vehicle Registration
( G e neral Provisions) (Amendment No. 3) ( J er sey) Order 1995. R & O 8880.
3 . Motor Vehicles (Construction and
U se ) (Amendment No. 34) (Jersey) Order 1 9 9 5. R & O 8881.
4 . Motor Vehicles (Driving
L i c ences) (Amendment No. 4) (Jersey) O rd er 1995. R & O 8882.
5 . Social Security (Collection of
C o n tributions) (Amendment No. 3) ( J er sey) Order 1995. R & O 8883.
Matters presented
The following matters were presented to the States -
1 . International Coventions and
A g reements: progress report for the p e r iod ended 30th September 1995. R . C .26/95.
P r e sented by the Policy and
R e s ources Committee.
2 . Manpower report for the period 1 s t January to 30th June 1995.
R . C .27/95.
P r e sented by the Establishment C o m mittee.
Matters noted - land transactions
THE STATES noted an Act of the Finance and Economics Committee dated 13th November 1995, showing that, in pursuance of Standing Orders relating to certain transactions in land, the
Committee had approved -
( a) as recommended by the Housing
C o m mittee, the sale to the Parish of
S t . Brelade of a section of Le Chemin P a r ticulier de L'Ecole, St. Brelade ,
f o r the sum of £10.00, with each party b e in g responsible for its own legal
f e es ;
( b) as recommended by the Housing
C o m mittee, the entering into of a Deed
o f A rrangement with Mr. Geoffrey Alan
L u c as and Mrs. Margaret Lanclette
L u c as, née Smith, the owners of Ivy
C ottage, Millais Court, St. Helier , in
o r d er to clarify the boundary between
Iv y Cottage and Clarence Court,
w it h each party to be 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 13th November 1995, showing that, in pursuance of Rule 5 of the
Public Finances (General) (Jersey) Rules 1967,
as amended, the Committee had noted that the Housing Committee had accepted the lowest of seven tenders, namely that submitted by J.P. Mauger Limited, in the sum of £714,946.76 in a contract period of 26 weeks, for the
construction of a public car park at the OTC
site Phase II, Route es Nouaux, St. Helier .
Matters lodged
The following matters were lodged au Greffe'' -
1 . 2 to 10 Halkett Place and 21 and 2 3 Hill Street, St. Helier:
r e d evelopment. P.161/95.
P r e sented by the Planning and
E n v ironment Committee.
2 . Draft Boats and Surf-Riding
( C o ntrol) (Amendment No. 12) (Jersey) R e g ulations 199 - P.162/95.
P r e sented by the Harbours and
A ir port Committee.
3 . Draft Harbours (Amendment N o . 24) (Jersey) Regulations 199 - P . 1 63/95.
P r e sented by the Harbours and
A ir port Committee.
4 . Draft Amendment (No. 18) to the T a r iff of Harbour and Light Dues. P . 1 64/95.
P r e sented by the Harbours and
A ir port Committee.
5 . Plat Douet School, St. Saviour -
e x te nsion and refurbishment: approval
o f d rawings. P.165/95.
P r e sented by the Education
C o m mittee.
6 . La Collette yacht basin, St.
H el ier - reconstruction of showers and t o il ets: approval of drawings.
P . 1 66/95.
P r e sented by the Harbours and
A ir port Committee.
7 . Elizabeth Harbour terminal
e x te nsions: approval of drawings. P . 1 67/95.
P r e sented by the Harbours and
A ir port Committee.
8 . States members: part
r e im bursement of Class 2 social s e c urity contributions - P.168/95. P r e sented by the House
C o m mittee.
9 . Draft Family Allowances (Jersey) R e g ulations 199 - P.169/95.
P r e sented by the Employment and S o c ial Security Committee.
1 0. Draft Gambling (Amendment No. 4) ( J er sey) Law 199 - P.170/95.
P r e sented by the Gambling
C o n trol Committee.
1 1. Centrepoint II, Green Street,
S t . Helier: purchase of St. Helier Day N u rsery. P.171/95.
P r e sented by the Planning and
E n v ironment Committee.
The States noted that the following matter had been lodged au Greffe'' on 14th November 1995.
T he Budget 1996.
P resented by the Finance and E conomic Committee.
Population: Special Committee. P.155/94 - withdrawn
THE STATES noted that Senator Stuart Syvret had withdrawn the proposition regarding the setting
up of a Special Committee to examine the issue
of population and associated matters (lodged
au Greffe'' on 22nd November 1994).
Arrangement of public business for the present meeting
THE STATES acceded to the request of Deputy Frederick John Hill of St. Martin that consideration of his proposition regarding the Victoria College Board of Governors (P.126/95 - lodged au Greffe'' on 12th September 1995) be deferred from the present meeting to a later
date.
Arrangement of public business for the next meeting on 5th and 6th December 1995
THE STATES confirmed that the following matter lodged au Greffe'' would be considered at the next meeting on 5th and 6th December 1995 -
T h e Budget 1996.
L o d ged: 14th November 1995 F i n ance and Economics
C o m mittee.
THE STATES also agreed that the following matters lodged au Greffe'' would be considered at the next meeting if time permited following completion of the Budget debate -
D ra ft Boats and Surf-Riding
( C o ntrol) (Amendment No. 12) (Jersey) R e g ulations 199 - P.162/95.
L o dged: 21st November 1995.
H ar bours and Airport Committee.
D ra ft Harbours (Amendment No. 24) ( J er sey) Regulations 199 - P.163/95. L o d ged: 21st November 1995.
H ar bours and Airport Committee.
D ra ft Amendment (No. 18) to the T a r iff of Harbour and Light Dues -
P . 1 64/95.
L o d ged: 21st November 1995.
H ar bours and Airport Committee.
P l a t Douet School, St. Saviour -
e x te nsion and refurbishment: approval
o f d rawings - P.165/95.
L o d ged: 21st November 1995.
E d u cation Committee.
L a Collette yacht basin, St.
H el ier - reconstruction of showers and t o il ets: approval of drawings -
P . 1 66/95.
L o d ged: 21st November 1995.
H ar bours and Airport Committee.
E l iz abeth Harbour terminal
e x te nsions: approval of drawings - P . 1 67/95.
L o d ged: 21st November 1995.
H ar bours and Airport Committee.
D r aft Family Allowances (Jersey) R e g ulations 199 - P.169/95.
L o d ged: 21st November 1995.
E m ployment and Social Security C o m mittee.
Jersey Arts Trust: appointment of Chairman
THE STATES, adopting a proposition of the Education Committee, appointed Sir Peter Crill, K.B.E., as Chairman of the Jersey Arts Trust, with effect from 1st December 1995.
Public Employees Contributory Retirement Scheme Committee of Management: appointment of member
THE STATES, adopting a proposition of the Establishment Committee, and in accordance with Regulation 3(5) of the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989, approved the appointment of Senator Vernon Amy Tomes as a Member of the Committee of Management in place of Deputy Frank Harris on Walker of St. Helier
for the remainder of the period ending 31st December 1997.
Ecology Fund: appointment of member THE STATES, adopting a proposition of the
Planning and Environment Committee -
( a) referred to their Act dated 25th April 1 9 9 5, concerning the trustees of the
E c o logy Fund; and
( b) approved the appointment of Mr. Roger L o n g as a trustee of the Ecology Fund
i n p lace of the late Mrs. Frances Le
S u e ur.
Springfield Lane, St. Helier : purchase of roadway - P.123/95
THE STATES commenced consideration of the proposition of the Planning and Environment Committee regarding the purchase of an area of roadway known as Springfield Lane, St. Helier, and accepted the amendments of the Committee that -
i n paragraph (a) after the words on
b ehalf of the public'' there should be
i nserted the words , from owner(s) whose i dentity is at present unknown,''.
T here should be inserted a new paragraph ( b) -
- to authorise the Planning and
E n v ir o nment Committee to negotiate w i th th e owner(s), if it is
p o ss i b le to establish their
id e n t it y, for the purchase of the
sa i d l a nd at a fair and proper
p ri c e t o be agreed by the Finance
an d E c onomics Committee;''.
F or paragraph (c) there should be s ubstituted -
- to agree that ifitisnot
p o ss i b le to agree a fair and
p ro p e r price with the owner(s),
ei t h er because it is not possible
to e st a blish their identity or for
an y o t her reason, the Planning and E n v ir o nment Committee should be em p o w ered, in exercise of the
p o w e r s conferred by Artice 4 of
th e Is l and Planning (Jersey) Law
1 9 6 4 , as amended, to acquire the
la n d b y compulsory purchase, in
ac c o r d ance with the provisions of th e C o mpulsory Purchase of Land
(P r o c e dure) (Jersey) Law 1961, as am e n d ed;''.
T he existing paragraph (c) should be re- l ettered paragraph (d).
T he subsequent paragraphs should be re- l ettered.
THE STATES, adopting the proposition of the Planning and Environment Committee, referred to their Act dated 8th June 1993 approving a development plan designating Springfield, St. Helier , for sports, leisure, recreation and community purposes, and to their Act dated 8th November 1994 approving the purchase of approximately 244,000 square feet of land at Springfield, St. Helier , as shown on drawing
No. 383/1, from the Royal Jersey Agricultural and Horticultural Society, and -
( a) approved the purchase on behalf of the p u b lic, from owners(s) whose identity
w as at present unknown, of an area of
r o a dway known as Springfield Lane
( fo r merly Janvrin Lane), St Helier,
m ea suring approximately 338 square
m et res, as shown on drawing No. 479/1, a n d authorised the Greffier of the
S t a tes to sign the said drawing on
b e h alf of the States;
( b) authorised the Planning and Environment C o m mittee to negotiate with the
o w ner(s), if it was possible to
e s ta blish their identity, for the
p u r chase of the said land at a fair and
p r o per price to be agreed by the
F i n ance and Economics Committee;
( c) agreed that if it were not possible to
a g r ee a fair and proper price with the
o w ner(s), either because it was not
p o s sible to establish their identity or
f o r any other reason, the Planning and
E n v ironment Committee should be
e m p owered, in exercise of the powers
c o n ferred by Artice 4 of the Island
P l a nning (Jersey) Law 1964, as amended, t o a cquire the land by compulsory
p u r chase, in accordance with the
p r o visions of the Compulsory Purchase
o f L and (Procedure) (Jersey) Law 1961,
a s a mended;
( d) authorised the Attorney General and the
G re ffier of the States to pass on
b e h alf of the public any contracts
w h ich it might be found necessary to p a s s in connexion with the purchase of t h e said land and all interests
t h er ein;
( e) authorised the payment or discharge of t h e expenses incurred in connexion with t h e purchase of the said land, and all
i n te rests therein, from the Planning
a n d Environment Committee's capital
v o t e of credit - Acquisition of Land -
M a jor Reserve' (Vote No. C.0904);
( f) authorised the transfer of the
a d m inistration of the land, once
a c q uired, to the Sport, Leisure and R e c reation Committee.
Public Health (Control of Building) (Amendment No. 3) (Jersey) Law 199 - P.141/95
THE STATES commenced consideration of the draft Public Health (Control of Building) (Amendment No. 3) (Jersey) Law 199 and adopted the
Preamble, having received an undertaking from
the Vice-President of the Planning and
Environment Committee that the Committee would seek in principle approval of the States for any planning charges that it proposed to introduce.
Article 1 was adopted. Articles 2 and 3 were adopted.
Members present voted as follows on Articles 2 and 3 -
P o u r'' (28) Senators
J eune, Horsfall, Rothwell, Quérée, Chinn, B ailhache.
Connétable s
S t. Lawrence, St. Mary, St. Brelade , St. S aviour, St. Martin .
Deputies
S t. Peter, H. Baudains(C), Le Sueur(H), St. O uen, Coutanche(L), Huelin(B),
S . Baudains(H), Le Fondré(L), Le Geyt(S),
W alker(H), Crespel(H), Pullin(S),
C arter(H), Johns(H), Routier(H), Dorey(H), L ayzell(B).
C o n tre'' (6) Senator
S yvret.
Connétable s
G rouville, St. Helier , Trinity . Deputies
T rinity, St. John.
Articles 3, 4, 5, 6, and 7 were adopted.
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Public Health (Control of Building) (Amendment No. 3) (Jersey) Law 199 .
Island Planning (Amendment No. 6) (Jersey) Law 199 - P.141/95
THE STATES commenced consideration of the draft Island Planning (Amendment No. 6) (Jersey) Law 199 and adopted the Preamble.
Members present voted as follows -
P o u r'' (31) Senators
J eune, Horsfall, Rothwell, Stein, Quérée, C hinn, Syvret.
Connétable s
S t. Lawrence, St. Mary, St. Brelade , St. S aviour, St. Martin .
Deputies
W avell(S), St. Peter, H. Baudains(C), St.
O uen, Coutanche(L), Huelin(B),
S . Baudains(H), Le Fondré(L), Le Geyt(S), W alker(H), Crespel(H), Pullin(S),
C arter(H), Johns(H), Routier(H), Dorey(H), L ayzell(B), Huet(H), St. Martin .
C o n tre'' (6) Senators
L e Main.
Connétable s
G rouville, St. Helier , Trinity . Deputies
T rinity, St. John.
Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 were adopted.
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Island Planning (Amendment No. 6) (Jersey) Law 199 .
Protection of Jersey's architectural heritage and incentive scheme of grants - P.27/95
THE STATES, adopting a proposition of the Planning and Environment Committee -
( a) expressed their support for the
P l a nning and Environment Committee's p r o gramme for the protection of sites
o f s pecial interest by designation by
O rd er of the Committee under Article 9
o f t he Island Planning (Jersey) Law
1 9 6 4, as amended, as outlined in the
C o m mittee's report dated 16th January 1 9 9 5;
( b) approved, subject to the necessary
f in a nce being made available, the
p a y ment of grants by the Planning and E n v ironment Committee to owners of s it e s so designated as an incentive to
s e c ure the conservation of such
b u i ldings.
Insurance Business (Jersey) Law 199 - P.147/95
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Insurance Business (Jersey) Law
199 .
Royal Court (Amendment No. 8) (Jersey) Law 199 - P.149/95
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Royal Court (Amendment No. 8) (Jersey) Law 199 .
Loi (199 ) (Amendement No. 6) réglant la procédure criminelle - P.150/95
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Loi (199 ) (Amendement No. 6) réglant la procédure criminelle.
Police Court (Miscellaneous Provisions) (Amendment No. 5) (Jersey) Law 199 - P.151/95
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Police Court (Miscellaneous Provisions) (Amendment No. 5) (Jersey) Law 199 .
Fish farmers: loan scheme - P.152/95
THE STATES, adopting a proposition of the Agriculture and Fisheries Committee -
( a) approved the introduction by the
A g riculture and Fisheries Committee of a s c heme to provide loans for persons
e n g aged in fish farming, as provided in t h e report of the Committee dated 23rd O ct ober 1995;
( b) agreed that the scheme should remain in f o rc e for a period of three years, with
e f fe ct from 15th December 1995, and,
s u b ject to the States voting the
n e c essary funds, might be continued in
f o rc e by agreement between the
A g riculture and Fisheries and the
F i n ance and Economics Committees.
Trusts (Amendment No. 3) (Jersey) Law 199 - P.153/95
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Trusts (Amendment No. 3) (Jersey)
Law 199 .
Airport redevelopment: financing. P.155/95
THE STATES, adopting a proposition of the Harbours and Airport Committee, agreed, for the purpose of financing the development of the Jersey Airport terminal -
( a) to approve the granting of a lease
( th e Head Lease'') by the public to
M id land Bank International Finance
C o r poration Limited ( MBIFC'') for a
p e r iod of 125 years, of an area of land
( m e asuring approximately 80,000 square f e et ) ( the site'') at Jersey Airport,
t h e exact area of land to be agreed
b e tw een the Committee and MBIFC;
( b) to accept from MBIFC a sub-lease of the s it e for a term of 25 years at the
a n n ual payments referred to in
p a r agraph 2 of the report of the
H ar bours and Airport Committee, dated
3 1 s t October 1995; and
( c) authorised a scheme whereby the public w o uld be entitled to purchase the Head
L e a se from MBIFC, such entitlement to b e e xercisable 15 years after the
c o m pletion of the construction of the
D ep artures Terminal;
( d) authorised the Attorney General and the G re ffier of the States to pass, and the
G re ffier of the States to sign, as
a p p ropriate, on behalf of the public,
s u c h contracts or agreements as may be n e c essary;
( e) authorised the Treasurer of the States
t o r eceive the sum of £12 million from
M B IFC and to credit it to the trading
f u n d established for the Harbours and
A ir port Committee under Article 25C of t h e Public Finances (Administration)
( J er sey) Law 1967, as amended.
Public Employees (Contributory Retirement Scheme) (Existing Members) (Amendment No. 3) (Jersey) Regulations 1995 - P.157/95
THE STATES, in pursuance of Article 2 of the Public Employees (Retirement) (Jersey) Law 1967, as amended, made Regulations entitled the Public Employees (Contributory Retirement Scheme) (Existing Members) (Amendment No. 3) (Jersey) Regulations 1995.
Public Employees (Contributory Retirement
Scheme) (New Members) (Amendment No. 5) (Jersey) Regulations 1995 - P.157/95
THE STATES, in pursuance of Article 2 of the Public Employees (Retirement) (Jersey) Law 1967, as amended, made Regulations entitled the Public Employees (Contributory Retirement Scheme) (New Members) (Amendment No. 5) (Jersey) Regulations 1995.
Public Employees (Contributory Retirement Scheme) (Amendment No. 14) (Jersey) Regulations 1995 - P.157/95
THE STATES, in pursuance of Article 2 of the Public Employees (Retirement) (Jersey) Law 1967, as amended, made Regulations entitled the Public Employees (Contributory Retirement Scheme) (Amendment No. 14) (Jersey) Regulations 1995.
Public Employees (Contributory Retirement
Scheme) (Former Hospital Scheme) (Amendment No. 2) (Jersey) Regulations 1995 - P.157/95
THE STATES, in pursuance of Article 2 of the Public Employees (Retirement) (Jersey) Law 1967, as amended, made Regulations entitled the Public Employees (Contributory Retirement Scheme) (Former Hospital Scheme) (Amendment No. 2) (Jersey) Regulations 1995.
Fields 93 and 94, St. Brelade : proposed cemetery for the Parish of St. Brelade - P.158/95
THE STATES, adopting a proposition of the Planning and Environment Committee -
( a) approved the designation of part of
F i e lds 93 and 94, St. Brelade , as shown
o n drawing No. 485/1B, for use as a
c e m etery, such designation being an
a m e ndment of the Island Plan, as
a m e nded 1/87, approved by the States on 3 r d November 1987;
( b) approved the sale by the public to the
P a r ish of St. Brelade of part of Field
9 3 , being an area of 2.34 vergées, and
F i e ld 94, being an area of 3.42
v e r gées, in the Parish of St. Brelade ,
a s s hown on drawing No. 485/1B, at a
p r ic e to be agreed between the Planning a n d Environment Committee and the
F i n ance and Economics Committee, with t h e purchaser being responsible for the
p a y ment of all legal costs;
( c) authorised the Greffier of the States t o s ign the said drawing on behalf of t h e States;
( d) authorised the Attorney General and the G re ffier of the States to pass on
b e h alf of the public any contracts
w h ich it might be found necessary to
p ass in connection with the said sale;
( e) authorised the Treasurer of the States t o r eceive the proceeds of the sale of
t h e said land.
THE STATES rose at 5.42 p.m.
G .H .C . C O P P O C K G re f fi e r o f the States.