States Assembly 26th July 1995

STATES MINUTES 2 6 th Ju l y 1995

 T HE STATES assembled on Wednesday, 2 6th July 1995 at 9.30 a.m. under

t h e Presidency of the Bailiff ,

P hilip Martin Bailhache , Esquire

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All Members were present with the exception of -

J ack Roche, Connétable of St. Saviour -

 i ll.

T erence Augustine Le Sueur, Deputy of St. H elier - out of the Island.

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

J ames Thomas Johns, Deputy of St. Helier -

o ut of the Island.

_ _ _ _ _ _ ______

P r a y e rs

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Arrangement of public business

THE STATES agreed to defer consideration of the following matters from the present meeting to a later date -

D raft States of Jersey (Amendment No. 5) L aw 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.

Field No. 1002, Le Mont des Vignes, S t. Peter: construction of

d welling. P.95/95.

L odged: 11th July 1995.

P lanning and Environment Committee.

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

THE STATES continued discussion of a proposition of the Education Committee on the re-

organisation of secondary education in Jersey.

THE STATES, after further discussion, rejected the proposition that they adopt the Education Committee's plan, as outlined in its report

dated 14th June 1995, to re-organise secondary education by abolishing the system of optional transfers from secondary schools at the age of 14 and introducing a system for the non fee paying sector based on four schools providing for the education of children aged 11 - 16 and a sixth form college.

Members present voted as follows -

P o u r'' (18) Senators

 S henton, Horsfall, Stein, Quérée, Syvret. Connétable s

 S t. Clement, St. Lawrence, St. Brelade .

Deputies

W avell(S), H. Baudains(C), St. Ouen, C outanche(L), Huelin(B), Duhamel(S), M atthews(B), Dorey(H), Grouville , St. M artin.

C o n tre'' (31) Senators

J eune, Rothwell, Le Main, Le Maistre, C hinn, Bailhache , Tomes.

Connétable s

S t. Mary, St. Peter, Grouville , St. Helier , T rinity, St. Martin, St. Ouen , St. John.

Deputies

R umboll(H), Norman(C), St. Peter,

S t. Mary, S. Baudains(H), Le Fondré(L), Le G eyt(S), Walker (H), Pullin(S), Trinity ,

C arter(H), Routier(H), Layzell(B),

B reckon(S), Huet(H), St. John.

Harbours - commercial vehicle park and associated wall in marina: supplementary vote of credit - P.55/95

THE STATES, adopting a proposition of the Finance and Economics Committee, acceded to the request for the following supplementary vote of credit to be voted out of the general reserve -

C 0 202 - Harbours and Airport Committee H a r b o u rs Marina £4,998,100.

Members present voted as follows -

P o u r'' (38) Senators

Shenton, Jeune , Horsfall, Le Main, Le M aistre, Stein, Chinn, Bailhache , Tomes.

Connétable s

S t. Clement, St. Lawrence, St. Mary, St. B relade, St. Peter, Grouville , Trinity , St. M artin, St. Ouen, St. John.

Deputies

R umboll(H), Wavell(S), Norman(C), St.

P eter, H. Baudains(C), St. Ouen,

C outanche(L), Huelin(B), St. Mary, Le

F ondré(L), Le Geyt(S), Walker (H),

P ullin(S), Carter(H), Routier(H), Dorey(H), H uet(H), St. Martin, St. John.

C o n tre'' (7) Senators

 Q uérée, Syvret. Connétable s

 S t. Helier. Deputies

D uhamel(S), Matthews(B), Layzell(B), G rouville.

Matrimonial Causes (Amendment No. 8) (Jersey) Law 199  - P.86/95

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a

Law entitled the Matrimonial Causes (Amendment No. 8) (Jersey) Law 199 .

European Communities (Wine) (Jersey) Regulations 1995 - P.87/95

THE STATES, by virtue and in exercise of the powers conferred upon them by the Order in Council of the fourteenth day of April 1884, made Regulations entitled the European Communities (Wine) (Jersey) Regulations 1995.

St. Helena House, 9-11 Don Road, St. Helier: development - P.92/95

THE STATES, adopting a proposition of the Housing Committee -

 ( a) approved drawings Nos. 1344/25, 26,

s h o wing the redevelopment of St. Helena H  o use, 9-11 Don Road, St. Helier, with

f o u r two-bedroomed and four one-

b e d roomed flats;

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

( c) authorised the Finance and Economics C o m mittee to make available bridging f in a nce under Article 7(1)(e) of the

P u b lic Finances (Administration)

( J er sey) Law 1967, as amended;

 ( d) approved the sale of the completed

d e v elopment to Les Vaux Housing Trust, a t a fair market price to be agreed

w  it h the Finance and Economics

C o m mittee;

(e) authorised the Attorney General and the

G  re ffier of the States to pass the

n e c essary contracts;

 ( f) authorised the Treasurer of the States t o r eceive the amount connected with t h e above transaction.

Mont Orgueil and Elizabeth Castles: transfer of ownership - P.93/95

THE STATES, adopting a proposition of the Policy and Resources Committee -

 ( a) accepted the gracious offer of Her

M  a jesty The Queen to vest by deed of g i ft , the reversionary ownership of

M  o nt Orgueil and Elizabeth Castles in t h e public of the Island;

 ( b) authorised the Attorney General and the G  re ffier of the States to pass the

n e c essary contract on behalf of the

p u b lic.

Opera House: acquisition - P.96/95

THE STATES, adopting a proposition of the Finance and Economics Committee, referred to their Acts dated 8th October 1991 and 11th May 1993 approving the grant of loans to Creative Leisure Limited, the owners of the Opera House, St. Helier , and agreed -

 ( 1) to enter into a contract with Creative

L e i sure Limited for the acquisition by

t h e public of the Island of the complex

k n o wn as the Opera House, comprising t h e theatre and bars fronting on to

G  lo ucester Street and Seaton Place, St.

H  el ier, the offices on the first and

s e c ond floors of No. 40 Seaton Place,

S t . Helier and the house No. 34 Seaton

P l a ce, St. Helier , for a consideration

o f £ 1,350,000 which shall be payable by

s e tt ing off the amount owed to the

S t a tes by Creative Leisure Limited in

r e sp ect of the said loans as at the

d a te of the said acquisition against

t h e consideration, with the balance

p a y able in cash and each party being

r e sp onsible for its own legal fees;

( 2) to lease to Creative Leisure Limited t h e Opera House complex, with effect f ro m the date of the acquisition of the co mplex by the public of the Island,

f o r a term certain expiring on 31st

J a n uary 1997 at the following rates -

( a ) for the period expiring 31st

Ja n u a r y 1996, the sum of £10

p ay a b l e on commencement of the le a s e ;

( b ) for the following period expiring 3 1 st J a nuary 1997, the sum of £10 p ay a b l e on 1st February 1996;

a n d thereafter on an annual basis, for t h e sum of £20,000 a year payable in t w o equal instalments on 1st February a n d 1st August in each year, provided t h at the public of the Island may

d e te rmine the lease on 31st January in a n y year by giving not less than

t h ir teen months' prior notice;

 ( 3) that in the event that the lease of the O  p era House complex is terminated as d e s cribed in paragraph (2) to lease to

C r e ative Leisure Limited -

( a ) the offices on the first and

s e c ond floors of No. 40 Seaton P la c e , St. Helier ;

( b ) the house known as No. 34 Seaton P la c e , St. Helier ;

f o r a fixed term expiring on 31st

J a n uary 2001, each lease to be at a

f ix e d annual rent of £10 payable

a n n ually in advance and, as a condition

o f g ranting the leases, the public of

t h e Island shall be entitled by giving

1 2 months' notice at any time to vacant p o s session of -

( i) an area known as the filing room

o n t h e second floor of No. 40

S e at o n Place, St. Helier, with the S ta t e s being responsible for any n ec e s s ary reasonable works to

cl o s e t he access between the

fi li n g r oom and the offices;

( ii ) the house known as No. 34 Seaton P la c e , St. Helier , if the property

is r e q u ired in connexion with the

re f u rb i shment, alteration or re-

d ev e l o pment of the Opera House

an d / o r adjoining properties;

 ( 4) to suspend the provisions of Article

1 8 ( 8) of the Public Finances

( A d ministration) (Jersey) Law 1967, as

a m e nded, and to grant out of the

g e n eral reserve a capital vote of

c r ed it of £1,350,000 to the Finance and E c o nomics Committee for the acquisition

o f t he Opera House complex;

 ( 5) to authorise the Attorney General and t h e Greffier of the States to pass or,

a s t he case may be, the Greffier of the

S t a tes to sign, on behalf of the public

a n y contracts that it may be found

n e c essary to pass or sign in connexion w  it h the acquisition of the Opera House c o m plex and the leases to Creative

L e i sure Limited.

11 Royal Square and Picquet House, St. Helier : town police station - P.97/95

THE STATES commenced consideration of a proposition of the Defence Committee regarding the establishment of a town police station at 11 Royal Square and Picquet House, St. Helier.

Paragraphs (a) and (b) were adopted.

After further discussion, Senator Terence John Le Main proposed that the States move to the consideration of the next item on the Order Paper, which proposition was rejected, less than 20 Members voting in support thereof.

Paragraphs (c) to (i) were adopted.

THE STATES thereupon adopted the proposition of the Defence Committee and -

 ( a) supported the Defence Committee in the e s ta blishment of a permanent police

s ta t ion within the St. Helier town

c e n tre to ensure that a police presence

i s m aintained in order to assist the

p r e vention of criminal activity and to

d e te r disorderly behaviour;

 ( b) agreed that such a police station must p r o vide an enquiry service for members

o f t he community, in order that they

c a n have ready access to police advice a n d assistance;

 ( c) authorised the purchase from the

N ational Westminster Bank Plc of the f re e hold of the property known as

1 1 Royal Square, St. Helier (as shown

o n drawing No. 476/1) for a

c o n sideration of £450,000, for the

p u r poses of establishing a town police s ta t ion and office accommodation, with e a c h party being responsible for its

o w  n legal fees;

 ( d) authorised the purchase, from the

N  at ional Westminster Bank Plc, of the

l e as ehold interest on the property

k n o wn as Picquet House, St. Helier,

a l re ady in public ownership, (as shown c r o ss-hatched on drawing No. 476/1) for a c o nsideration of £35,000, for the

p u r poses of establishing a town police

s ta t ion, with each party being

r e sp onsible for its own legal fees;

 ( e) required the Defence Committee to

c o n sult with the Planning and

E n v ironment Committee on the occupancy

o f t he office accommodation at 11 Royal

S q u are, St. Helier , to ensure that the

r e q uirements of the Defence Committee

w  er e met and the most effective use of

t h e premises was achieved;

 ( f) authorised the Greffier of the States t o s ign the said drawing on behalf of t h e States;

 ( g) 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 said

    p r o perties and any interest therein;

 ( h) authorised the payment or discharge of t h e expenses to be incurred in

c o n nexion with the acquisition and

t e rm ination of leasing of the said

p r o perties and of all interest therein

f ro m the Planning and Environment

C o m mittee's Capital vote of credit -

A cq uisition of Land - Major Reserve

( C 0 904);

 ( i) authorised the transfer of the

a d m inistration from the Public Services C o m mittee to the Defence Committee of P i c quet House, Royal Square,

S t . Helier, on completion of the

p a s sing of contracts in the Royal

C o u rt.

Members present voted on paragraphs (c) to (i) as follows -

P o u r'' (31) Senators

S henton, Jeune , Horsfall, Rothwell, Le M aistre, Stein.

Connétable s

S t. Clement, St. Lawrence, St. Mary, St. B relade, St. Peter, Grouville , St. Helier , T rinity, St. John.

Deputies

R umboll(H), Wavell(S), Norman(C),

H . Baudains(C), St. Ouen, Coutanche(L), H uelin(B), S. Baudains(H), Le Fondré(L), P ullin(S), Matthews(B), Layzell(B),

B reckon(S), Huet(H), St. Martin, St. John.

C o n tre'' (11) Senators

 L e Main, Quérée, Chinn. Connétable

 S t. Martin.

Deputies

S t. Peter, St. Mary, Le Geyt(S), Carter(H), D uhamel(S), Dorey(H), Grouville .

THE STATES rose at 6.10 p.m.

  G . H . C . C O  P P O C  K G  re f fi e r o f the States.