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STATES MINUTES 2 8 th F e bruary 1995 P ri c e : £ 1 . 2 5
T HE STATES assembled on Tuesday, 28th February 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 -
S enator Terence John Le Main - out of the
I sland
S enator Antony Beresford Chinn - out of the I sland
J ohn Nicolle Le Fondré, Deputy of St.
L awrence - ill.
_ _ _ _ _ _ ______
P r a y e rs
_ _ _ _ _ _ ______
Bailiff 's thanks
Mr. Philip Martin Bailhache thanked the Members of the States for their hospitality on his appointment as Bailiff .
Deputy D.L. Crespel of St. Helier - welcome
The Bailiff , on behalf of the States, welcomed Deputy David Leon Crespel of St. Helier on his return to the States after his recent illness.
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Banking Business (List of
R e g istered Persons) (Jersey) Order 1 9 9 5. R & O 8787.
2 . Telecommunications (Amendment N o . 25) (Jersey) Order 1995. R & O 8788.
3 . Road Racing (Motor Vehicle R a l ly) (Jersey) Order 1995.
R & O 8789.
Matters presented
The following matters were presented to the States -
1 . Jersey Electricity Company
L i m ited: annual report and accounts for t h e period 28th September 1993 to 3rd O ct ober 1994.
P r e sented by the Finance and
E c o nomics Committee.
2 . Kart racing circuit on Field
7 9 0 , St. Peter: report - P.29/95. P r e sented by the Planning and E n v ironment Committee.
Matters noted - land transactions
THE STATES noted an Act of the Finance and Economics Committee dated 20th February 1995 showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Planning
a n d Environment Committee, the payment t o M r. Christopher Jonathan Robert Le
G ro s, tenant of Field No. 1219, St.
H el ier, owned by Mr. Peter William
F u r zer, of compensation in an amount of
£3 , 000 in respect of the loss of two
y e a rs of crops on the three vergées of
l a nd that he farmed;
( b) as recommended by the Planning
a n d Environment Committee, the grant
o f a wayleave to the Jersey Badminton
A ss ociation in respect of the private
r o a dway leading to the Gilson Hall site a t D ummy Lane, St. Helier , for the sum
o f £ 25,000, subject to each party being
r e sp onsible for its own legal expenses
a ssociated with the transaction;
( c) as recommended by the Harbours and A ir port Committee, the lease to Mr.
A u gusto Alberto De Aguiar Matos of the S a i lor's Rest Café, New North Quay,
P o r t of St. Helier , for a period of one
y e a r from 1st April 1995, at an annual
r e n t of £9,000 payable quarterly in
a d v ance;
( d) as recommended by the Harbours and
A ir port Committee, the lease to Huelin-
R e n ouf Shipping Limited of the
H ar bours Buoy Shed (letting No. V25) on t h e Victoria Pier, Port of St. Helier
( m e asuring 2,305 square feet) for a
p e r iod of nine years from a date to
c o in cide with the move of the company
f ro m its existing premises on the
A lb ert Pier, at an annual rent of
£1 2 ,222.49 (representing a rate of
£4 . 218 a square foot subject to annual
r e v iew, plus a premium, annually,
d u r ing the term of the lease, of
£2 , 500) payable quarterly in advance;
( e) as recommended by the Agriculture
a n d Fisheries Committee, the renewal of t h e lease to Mr. Charles Anthony
F o s sey of land measuring
2 3 . 12.00 vergées at La Grande Maison, S t . Martin, for a further period of
t h re e years from 25th December 1994,
a t a n annual rent of £3,167;
( f) as recommended by the Public
S e r vices Committee, the acquisition
f ro m Mrs. Freda May Evans, née Sheldon,
o f 1,529 square feet of land in Field
N o . 573, St. Saviour , for a
c o n sideration of £1,529 with the
C o m mittee being responsible for the
c o s t of the accommodation works,
c o n nexion of the adjacent property to
t h e sewerage system and all reasonable
l e ga l fees involved in the
t ra n saction;
( g) as recommended by the Housing
C o m mittee, the sale to Ingleby Private H o tel of 1,720 square feet of land in
t h e north-western corner of Field
N o . 1517, St. Helier , for the sum of
£8 , 600 with the purchasers being
r e sp onsible for all legal costs
i n v olved.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Parish Rate (Jersey) Law 1 9 9 - P.20/95.
P r e sented by the Connétable of S t . Clement.
2 . Fields Nos. 89 and 90, St.
B r e lade: rezoning for recreation and a m e nity use - P.21/95.
P r e sented by the Planning and
E n v ironment Committee.
3 . Draft Milk (Sale to Special
C l a sses) (Jersey) Regulations 199 - P . 2 2/95.
P r e sented by the Employment and
S o c ial Security Committee.
4 . Draft Probate (Exemption from P r o duction of Grant) (Jersey)
R e g ulations 199 - P.23/95.
P r e sented by the Legislation
C o m mittee.
5 . Draft Bankruptcy (Désastre)
( A m endment) (Jersey) Law 199 - P . 2 4/95.
P r esented by the Finance and
E c o nomics Committee.
6 . 2-2½ Anley Street, St. Helier:
s a le of commercial warehouse - P.25/95. P r e sented by the Planning and
E n v ironment Committee.
7 . Draft Firearms (Jersey) Law 199 ( P .1 72/94): amendment - P.26/95. P r e sented by the Connétable of
S t . Mary.
8 . Protection of Jersey's
a r ch itectural heritage and incentive s c h eme of grants - P.27/95.
P r e sented by the Planning and
E n v ironment Committee.
9 . Draft Health Care (Registration)
( J er sey) Law 199 : amendment - P.28/95. P r e sented by the Public Health
C o m mittee.
1 0. Draft Franchise (Amendment N o . 3) (Jersey) Regulations 199 - P . 3 0/95.
P r e sented by the Legislation
C o m mittee.
Arrangement of public business for the next meeting on 14th March 1995
THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the
next meeting on 14th March 1995 -
D raft Health Care (Registration) (Jersey) L aw 199 - P.19/94.
L odged: 15th February 1994.
P ublic Health Committee.
( Referred back to Committee on 15.3.94. - P reamble, Articles 1 and 2 and Schedule
a dopted).
D raft Health Care
( Registration) (Jersey) Law 199 : a mendment - P.28/95.
L odged: 28th February 1995.
P ublic Health Committee.
D raft Sea Fisheries (Miscellaneous
P rovisions) (Jersey) Regulations
1 99 - P.5/95.
L odged: 17th January 1995.
A griculture and Fisheries Committee.
D raft Sea Fisheries (Miscellaneous P rovisions) (Jersey) Regulations 199 ( P.5/95): amendment - P.6/95.
L odged: 17th January 1995.
D eputy D.A. Carter of St. Helier .
K art racing circuit on Field No. 790,
S t. Peter - P.17/95.
L odged: 14th February 1995.
S port, Leisure and
R ecreation Committee.
C omments of Planning and Environment C ommittee - P.29/95.
D raft Parish Rate (Jersey) Law 199 - P .20/95.
L odged: 28th February 1995.
C onnétable of St. Clement.
F ields Nos. 89 and 90, St. Brelade :
r ezoning for recreation and amenity use - P .21/95.
L odged: 28th February 1995.
P lanning and Environment Committee.
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 Franchise (Amendment No. 3) (Jersey) R egulations 199 - P.30/95.
L odged: 28th February 1995.
L egislation Committee.
Projet withdrawn
THE STATES noted that in pursuance of Standing Order 17(6) the following subject, which was lodged au Greffe'', had been withdrawn -
D raft Protection of Employment
O pportunities (Amendment) (Jersey) Law 1 99 - P.112/92.
L odged: 28th July 1992 and referred to the D efence Committee).
S enator D.A. Carter
Dumping of ash at the reclamation sites - statement by the Planning and Environment Committee
The Connétable of St. John, President of the Planning and Environment Committee, made a statement in the following terms -
At the States Meeting on 25th October
l ast year, questions were asked of Deputy
D ereck Carter, President of the Public
S ervices Committee, and myself by Senator
S tuart Syvret concerning the disposal of
i ncinerator ash in the reclamation sites.
A s a preamble to a supplementary question,
S enator Syvret alleged that the Public
S ervices Department was dumping incinerator a sh at the west of Albert, Phase II site,
i n contravention of the licence granted by
t he Harbours and Airport Committee.
D eputy Carter denied that this was so and I agreed to investigate the situation and
r eport back to the House.
T hose investigations are now complete. Site i nvestigations at that time confirmed that
t here was absolutely no evidence of any
d umping in Phase II and that Senator Syvret c ould not have been correct in his
a llegation. Senator Syvret was interviewed b y my Department's Conservation Officer as p art of the investigation and when asked
a bout his specific allegation he replied
t hat ... it might have been a slip of the
t ongue. I meant to say west of Albert
I ...'.
I can confirm categorically that there was n o evidence that the Public Services
C ommittee had been operating contrary to t he provisions of the licence granted for
P hase II under the Food and Environment P rotection Act (Jersey) Order 1987.
I n my statements to the House on that day i n October, I also promised that I would
.. seek every means possible and glean all t he information which is available in order t hat my Committee has a true and clear
p icture of the situation'.
A significant amount of information was g athered in the process of investigating S enator Syvret's allegation. However
m atters have been overtaken by events.
M embers will be well aware that the
P ublic Services Committee has just received a report from its Department on future
s trategies for incinerator ash disposal, my
D epartment is in possession of a report on m arine monitoring, and other information,
a nd the Waterfront Enterprise Board is also u ndertaking a survey to establish, amongst
o ther things, the extent and location of
a ny ash contamination in the site.
T his is not the time to detail chapter and
v erse of the present situation. Suffice to
s ay that I find, at the very least, an
e lement of confusion and uncertainty which c learly needs resolution as a matter of
u rgency.
F or that reason I, with the support of
m y Committee, have requested Dr. Romeril, t he States Environmental Adviser, to carry
o ut a full and independent investigation
i nto the whole question of the disposal of
i ncinerator ash in Jersey.
T his is the only way that I can be
s atisfied that I can fulfil the obligation
I made to the States to discover the full e xtent of this situation. I trust that the
H ouse will bear with me until that report i s available.''
Dumping of ash at the reclamation sites - statement by the Public Services Committee
Deputy Dereck André Carter of St. Helier, President of the Public Services Committee, made a statement in the following terms -
On 25th October 1994 Senator Stuart
S yvret made allegations in the States of
s erious misconduct against the Public
S ervices Committee in that he alleged that w e were illegally dumping ash outside the t erms contained in our 1987 licence.
T his has been proved to be totally
u nfounded, and the Public Services
C ommittee and the Department have been c ompletely exonerated.
T he Committee feels that Senator Syvret s hould offer an unreserved apology to it, a nd to the Public Services Department's
o fficers. It is completely unsatisfactory
t o suggest that these allegations were a s lip of the tongue, and this cannot be
a ccepted by the Committee.
S enator Syvret should realise how much work h e has caused officers of this and other
D epartments to undertake, in collating data
i n order to sustain or refute his
a llegations.
T he wider issues of ash disposal have
a lready been addressed over several months b y the Department's officers. Several options have been suggested as to the way
f orward, and Dr. Mike Romeril has already b een invited to the next meeting of the
P ublic Services Committee in order to
a pprise him of these wider issues. However, t he Committee is very conscious that time
i s pressing, since the whole question of
a sh disposal will have to be resolved by
1 st July 1995, when the current space at
w est of Albert II will have been filled.''
Franchise (Amendment No. 5) (Jersey) Law 1995
(Appointed Day) Act 1995
THE STATES, in pursuance of Article 7 of the Franchise (Amendment No. 5) (Jersey) Law 1995, made an Act entitled the Franchise (Amendment No. 5) (Jersey) Law 1995 (Appointed Day) Act 1995.
Health and social Services in Jersey - P.167/94
THE STATES accepted an amendment of the Policy and Resources Committee that in paragraph (a)
after the words to agree that'' there should
be inserted the words with effect from the
coming into force of the Acts referred to in paragraph (b),'' and that for paragraph (b)
there should be substituted a new paragraph.
THE STATES, adopting the proposition of the Policy and Resources Committee as amended -
( a) agreed that with effect from the coming i n to force of the Acts referred to in
p a r agraph (b), the Public Health
C o m mittee, to be re-named the Health
a n d Social Services Committee, shall
h a v e strategic and co-ordinating
r e sp onsibility for social service
p r o vision and for ensuring the
d e v elopment and implementation of
e f fe ctive social policy, in
c o n sultation with the relevant States
C o m mittees, Parish authorities and
v o l untary organisations;
( b) charged the Public Health Committee to p r e sent to the States the necessary
A ct s under the States of Jersey Law
1 9 6 6 to change its name to the Health
a n d Social Services Committee and to
t ra n sfer to the re-named Committee
t h o se further functions for which it is
g i v en responsibility by paragraph (a)
a b o ve.
Terms of Employment (Jersey) Regulations 1995 - P.11/95
THE STATES, by virtue and in exercise of the powers conferred upon them by the Order in Council of the twenty-eighth day of March 1771, made Regulations entitled the Terms of Employment (Jersey) Regulations 1995.
Marine Protection Zone - P.12/95
THE STATES, adopting a proposition of the Planning and Environment Committee, referred to their Act dated 22nd September 1987 approving the principles governing development in the various zones shown on the Island and Town Maps and -
( a) designated as a Marine Protection Zone u n d er Article 3 of the Island Planning
( J er sey) Law 1964, that area between
t h e mean high water mark of the Island ( w h ich is the seaward extent of the
t e rr estrial Island Plan Zones) and the
o u t er limit for the time being of the
t e rr itorial waters adjacent to the
I s la nd;
(b) approved, as the policy for development
i n t he Marine Protection Zone, that
t h er e will be a presumption against all
d e v elopment for whatever purpose in
t h at zone;
( c) expressed support for the Planning and
E n v ironment Committee's intention, when c o n sidering whether there is
j u st ification for overriding the
p r e sumption against development in the
M a rine Protection Zone, to give special
c o n sideration to applications relating
t o f ish-farming in that Zone.
La Collette, St. Helier: petition - P.39/94. Withdrawn
THE STATES noted that Deputy Jeremy Laurence Dorey of St. Helier had withdrawn his
proposition about the petition regarding future development to the south and south east of La Collette, St. Helier (lodged au Greffe'' on
12th April 1994).
Social Security (Reciprocal Agreement with New Zealand (Jersey) Act 1995 - P.13/95
THE STATES, adopting a proposition of the Employment and Social Security Committee, made an Act entitled the Social Security (Reciprocal Agreement with New Zealand) (Jersey) Act 1995. Advocates (Amendment No. 3) (Jersey) Law 1995 (Appointed Day) Act 1995 - P.14/95
THE STATES, in pursuance of Article 3 of the Advocates (Amendment No. 3) (Jersey) Law
1995 made an Act entitled the Advocates (Amendment No. 3) (Jersey) Law 1995 (Appointed Day) Act 1995.
Loi (199 ) sur la Cour pour le recouvrement de menues dettes - P.15/95
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Loi (199 ) sur la Cour pour le recouvrement de menues dettes.
Compulsory Purchase of Land (Procedure) (Amendment No. 6) (Jersey) Law 199 - P.16/95
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Compulsory Purchase of Land (Procedure) (Amendment No. 6) (Jersey) Law 199 .
Shellfish (Underwater Fishing) (Jersey) Regulations 1995 - P.19/95
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 Shellfish (Underwater Fishing) (Jersey) Regulations 1995.
THE STATES rose at 1.06 p.m.
C . M . N E W C O M BE D e p u ty Greffier of the States.