States Assembly 28th March 1995

STATES MINUTES 2 8 t h M  a r ch 1995

T HE STATES assembled on Tuesday,  2 8th March 1995 at 9.30 a.m. under

 the Presidency of the Deputy Bailiff ,

F r ancis Charles Hamon, Esquire

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His Excellency the Lieutenant Governor,  Air Marshal Sir John Sutton, K.C.B.,

w a s p r e sent.

_ _ _ _ _ _ ______

All Members were present with the exception of -

S enator Richard Joseph Shenton - out of the I sland.

M argaret Anne Le Geyt, Deputy of St.

S aviour - out of the Island.

 I mogen Stephanie Nicholls, Deputy of

G rouville - ill.

_ _ _ _ _ _ ______

P r a y e rs

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Deputy J.N. Le Fondré of St. Lawrence - welcome

The Deputy Bailiff , on behalf of the States, welcomed Deputy Le Fondré on his return to the States after his recent illness.

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Post Office (General Provisions)

( A m endment No. 40) (Jersey) Order 1995. R & O 8799.

2 .  Royal Court (Amendment No. 6)

R u l es 1995. R & O 8800.

 3 .  Road Traffic (Speed Limits)

( A m endment No. 7) (Jersey) Order 1995. R & O 8801.

 4 .  Airport Dues (Tariff) (Jersey) O  rd er 1995. R & O 8802.

Matters presented

The following matter was presented to the States -

S ocial Security Committee: report a nd accounts 1993/1994.

P resented by the Employment and S ocial Security Committee.

The following matter was presented to the States on 21st March 1995 -

D raft The Royal Bank of Scotland

I nternational Limited (Jersey) Law 199 ( P.32/95): report - P.39/95.

P resented by the Finance

a nd Economics Committee.

Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 20th March 1995, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

 ( a) as recommended by the Harbours and

A  ir port Committee, the lease to Channel I s la nd Yacht Services Limited of Marine W  o rkshop Unit No. LF9E (measuring

8 7 8 square feet) at La Folie, St.

H  el ier Harbour, for a period of nine

y e a rs from 1st March 1995, at an annual r e n t of £3,818.50 (representing a rate

o f £ 4.34 a square foot), subject to

a n n ual review against that of the other

f o u r units so that all five rentals

w  o uld ultimately be brought into line

d u r ing this next lease term;

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

E u r opean Vehicle Hire Limited of the N ew North Quay warehouse (Letting

N o . N16 - measuring 4,760 square feet), S t . Helier Harbour, for a period of

t h re e years from 1st February 1995, at

a n a nnual rent of £19,992

( re p resenting a rate of £4.20 a square

f o o t), subject to annual review;

 ( c) as recommended by the Harbours and

A  ir port Committee, the lease to Kufra

T r a ding Limited of the Marina Shop and i ts a djoining storerooms on the New

N orth Quay (Letting Nos. N18B, BA and B B  ), and the new shop annex at La

C o l lette Yacht Basin (Letting

N  o . LC20), St. Helier Harbour, for a

p e r iod of nine years from 1st June

1 9 9 5, at an annual rent of £10,863.74

( re p resenting a rate of approximately

£1 0 .56 a square foot based on

1 , 0 29 square feet), subject to

t ri e nnial review, including a

p a r ticular term of the lease such that

t h e annex (LC20) would be subject to

o n e season's notice, on either party,

a n d subject also, without notice, to be

r e -p ositioned elsewhere within the

Y  ac ht Basin at the absolute discretion

o f t he Harbourmaster;

 ( d) as recommended by the Harbours and

A  ir port Committee, the lease to Messrs.

D  av id Neal and Gary Neal Cowburn of an a r ea (measuring 5,776 square feet) on

t h e first floor of the former Huelin-

R e n ouf Warehouse, Victoria Pier, St.

   H elier Harbour (Letting No. V12S), for

a p e riod of nine years from 1st march

1 9 9 5, at an annual rent of £17,611

( re p resenting a rate of £3.049 a square

f o o t), subject to annual review, and on

c o n dition that the use of the premises

w  as restricted to marine workshop,

c h a ndlery, fishing gear and dry storage

i n c onnexion with the Fishing

I n d ustry;

( e) as recommended by the Public Services C o m mittee, the assignment of the lease

f ro m Mr. Anthony Shelton to Mr. Gabriel D a Silva Rodrigues and Mrs. Elizabeth

d e G ouveia (née de Freitas) of the

H o ward Davis Tea Rooms, St. Helier, at a n a nnual rent of £16,000, for the

u n e xpired portion of the lease;

( f) as recommended by the Agriculture and F i s heries Committee, the renewal of the l e as e to Mr. Charles Anthony Fossey of l a nd at La Grande Maison, St.

C a t herine, St. Martin (measuring

2 3 . 12.0 vergées) for a period of three

y e a rs from 25th December 1994 at a

r e v ised annual rent of £3,167.

Matters lodged

The following subjects were lodged au Greffe'' -

 1 .  Draft Computer Misuse (Jersey)

L a w 1995 (Appointed Day) Act 1995 - P . 4 0/95.

P r e sented by the Establishment

C o m mittee.

 2 .  Ecology Fund: chairman and t ru s tees  - P.41/95.

P r e sented by the Planning and E v i ronment Committee.

3.  Springfield, St. Helier :

r e d evelopment  - P.42/95.

P r e sented by the Sport, Leisure a n d Recreation Committee.

Arrangement of public business for the meeting on 25th April 1995

THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the meeting on 25th April 1995 -

J ersey Consumer Council:

a ppointment - P.37/95 revised.

L odged: 14th March 1995.

P olicy and Resources Committee.

D raft Computer Misuse (Jersey) Law

1 995 (Appointed Day) Act 1995 - P.40/95. L odged: 28th March 1995.

E stablishment Committee.

E cology Fund: chairman and

t rustees - P.41/95.

L odged: 28th March 1995.

P lanning and Environment Committee.

S pringfield, St. Helier :

r edevelopment - P.42/95. L odged: 28th March 1995. S port, Leisure and Recreation C ommittee.

Working party to investigate 16+ education  - questions and answers. (Tape No. 277)

Deputy Evelyn Mabel Pullin of St. Saviour asked the Connétable of St. Lawrence, President of the Education Committee, the following questions -

1.  W ill the President inform the

S ta t e s who are the members of the w o r k in g party appointed by the

C o m m  ittee to investigate 16+

E d u c a tion in the Island? Who is

th e ch a irman of the working party?

 2 .  Will the President inform the States e x a ctly what brief was given to the w  o rking party in order to direct its

i n v estigations?

 3 .  What special qualifications do the

m em bers of the working party have to

u n d ertake this important task - do

t h ey , for example, have wide experience

o f s ixth form colleges or precise

k n o wledge of the future educational

n e e ds of the Island's children?

 4 .  What steps are being taken by the E d u cation Committee to investigate a l te rnatives to a sixth form college?

 5 .  Is it the intention of the Education

C o m mittee to seek the views of

c o n cerned Islanders about the future

a r ra ngements for 16+ Education? If so, h o w does the Committee propose to

c o n duct this exercise? If not, what are t h e Committee's reasons for not taking t h is step?''

The President of the Education Committee replied as follows -

1.  T he membership of the working

p ar t y e stablished by the Committee co n s i s ted of the headteachers and

d e p u t y headteachers of the five

sc h o o l s which comprise the non-fee p ay i n g sector, together with the

D i re c t or of Education, the two

A s s is ta nt Directors and the Senior

A d v i se r for Secondary Education.

T h e working party has co-opted four

a d d itional members - the Principal and t h e Director of Curriculum and Student S e r vices of Highlands College, the

C a r eers Officer and the Department's P r o jects Officer.

T h e working party is chaired by the D  ir ector of Education.

 2 .  The brief given to the working party i s -

t o p r o duce an action plan for

th e d ev elopment of a 6th form

co l l eg e which could form the basis

o f a r e port and proposition to be

p re s e n ted to the States.'

T h e working party will examine a range

o f i ssues including -

cu r r ic u lum provision

l ia i so n between institutions p la n n i ng and moderation st u d e n t guidance

d em  o g raphics

ta r g e ts for the system

st a ff i n g and organisation re s o u r ce implications and re q u i re ments

tr a n si t ional arrangements.

I t is intended that the working party

w  il l report to the Education Committee

o n 26th April 1995. I hope that my

C o m mittee very soon after that date

w i ll be able to lodge our report and

p r o position with the intention of a

d e b ate as soon as possible in order

t h at the issue is resolved.

 3 .  The working party has in its membership t ra i ned curriculum analysts; a

r e g istered inspector; a former member

o f H MI with special responsibility for

p o s t statutory education; persons who

h a v e spent considerable time in the

s tu d y of post 16 institutions and have

b o t h designed and established 6th form,

f u rt her and higher education colleges.

T h e teaching experience of members of

t h e group includes most forms of

s e c ondary organisation. As current

p r a ctitioners and the most senior staff

c a rr ying responsibility for the non-fee

p a y ing sector of education, they are

c o n versant with educational

d e v elopments which are taking place and t h ey are entrusted to make judgments of t h e future educational needs of the

I s la nd's students.

 4 .  The Education Committee commissioned a r e p ort by Dr. M. Young to make

r e co mmendations for the future of

p o s t-16 education in Jersey which

e x a mined a number of alternatives.

H  av ing given careful consideration to t h e mass of evidence which has been p r e sented over almost three years and t h e range of options which have been s u g gested, the Committee decided to c o n centrate its investigations on the

r e q uirements for and implication of a 6 t h form college.

 5 .  Following the publication of the

Y  o ung/Spours report in 1992, my

C o m mittee arranged a series of three

p u b lic meetings on the future of post- 1 6 education. Presentations were also

m  ad e to four further meetings arranged t h ro ugh the Parent Action Group for

E d u cation.

T h e Committee invited and was grateful t o r eceive the views of concerned

I s la nders and a summary of them was

p r o vided in the briefing paper prepared f o r the meeting of States' members held

o n 21st February 1995.

A  s the views of concerned Islanders on t h e future of post-16 provision have

b e e n canvassed, my Committee has no p l an s for further consultation.''

Well or borehole water - questions and answers. (Tape No. 277)

Deputy Philip John Rondel of St. John asked the Connétable of St. Saviour, President of the Public Health Committee, the following questions -

1.  I n reply to an inquiry which I

m a d e v ery recently of the Medical O f fi c e r of Health, I was informed th a t , o f the remaining Jersey

h o u se h olds which rely on well or b o re h o le water for human

co n s u m ption, the supplies of one- th i rd o f their supplies were

af f e c te d by bacterial pollution.

Is th e P ublic Health Committee aw a re of this statistic and does

th e C o mmittee agree that this is an u n s atisfactory situation from a p u b li c health point of view and fo r t h e health and well-being of th e p er sons within those

h o u se h olds?

 2 .  What steps is the Public Health

C o m mittee able to take to remedy this s it u ation?''

The President of the Public Health Committee replied as follows -

1.  I n the year ending the 31st

D e c e m ber 1994 the Environmental H e a lt h Section took a total of 803 d ri n k in g water samples for

b ac t e ri ological examination. Of

th o s e , 559 were satisfactory, and

2 4 4 w  ere unsatisfactory. The

u n sa t is factory figure represents

3 0 p e r cent of the total samples

re c e iv e d within the Department.

T h is fi gure should not be confused w i th the total number of

p ro p e r ties which are on private

w a te r supplies.

T h e Public Health Committee is aware of t h is statistic and does not regard the

s it u ation as satisfactory. The

E n v ironmental Health Section has been d i re cted to continue monitoring the

s it u ation and maintain the sampling

s e rv ice available to households.

 2 .  The Public Health Committee through its a u th orised officers, provide a

m o nitoring and sampling service both

f o r bacteriological and chemical

a n a lysis of drinking water supplies.

T h e bulk of the sampling programme

r e la tes to private water supplies

a l th ough some sampling of public water

s u p plies is undertaken.

A  d vice is given in such cases

w  h ere unsatisfactory results are

c o n firmed in order to protect the

h e a lth of persons likely to consume s u c h water.

T h e re are many causes of water failing t o m eet bacteriological parameters

r a n ging from -

( i) ingress of surface water to sh a l lo w wells;

( ii ) inadequate protection and

m a i n te nance of the structure of th e w e ll and bore heads, this

al l o w i ng ingress of polluted

m a t er i al;

( ii i)  the spreading of slurry or se w  a g e s ludge too close to p ri v a te w ater supplies.

W  h ere the problem is local then

a p p ropriate advice is given which may b e t o recommend that the water is

u n s uitable for consumption and should n o t be consumed until it has been

a d e quately treated to render it safe.

W  h ere the problem is of a more general

a n d widespread nature then the Public

H  ea lth Committee liaises with the

J e rs ey New Waterworks Company, Public S e r vices Department and the Planning

a n d Environment Committee.

T h e Public Health Committee has made i ts v iews known that extending both

w  at er mains and sewers is a most

i m p ortant goal to pursue.''

The Jersey New Waterworks Company Limited: mains water supply  - questions and answers. (Tape

No. 277)

Deputy Philip John Rondel of St. John asked Deputy Dereck André Carter, President of the Public Services Committee, the following questions -

1.  H aving regard to the Public

S e rv i c es Committee's

r e sp o n sibilities under the Water (J e r se y ) Law 1972, is the

P re s i d ent able to advise the

S ta t e s whether The Jersey New

W a t e rw orks Company Limited has a p ro g r a mme for connecting the

re m  a in der of local households to

m a i n s water and, if so, what is

th e ti m etable for giving effect to

th a t p r ogramme?

 2 .  Given that the obligation laid on The

J e rs ey New Waterworks Company Limited u n d er Article 7 of the Water (Jersey)

L a w 1972 to require the company to

p r o vide a supply of water sufficient

f o r domestic purposes is qualified by

t h e right of the company to claim a

f in a ncial contribution from the owner

o f t he premises to be supplied, would

t h e President undertake to bring to the

S t a tes for debate proposals for

a s s isting those households which are

s it u ated some distance from existing

m  ai ns supplies to be connected to the

m  ai ns water service?''

The President of the Public Services Committee replied as follows -

1.  T he powers of the Public Services C o m m  ittee in respect of the Jersey

N e w W aterworks Company generally ap p l y to conciliation, appeals,

ar b i tr a tion of disputes,

re s tr i c tion of water supply, and

ap p r o v al of bye-laws. There are no

p o w e r s relating to the policy of

ex t e n s ion of water mains.

T h e company at present is extending its m  ai ns network into areas not previously

o n mains supply or into areas with

s e v ere pollution problems at the rate

o f a pproximately four km a year.

T h e total length of mains laid to date i s 4 10km which serves 85 per cent of t h e population. A further 90km will s e rv e an additional 10 per cent of the I s la nd and it is not likely that it

w  il l be economically viable to serve t h e remaining five per cent.

T h e company has instigated a 10 year

r o ll ing programme of mainlaying which i n co rporates the planned extension of m  ai ns into the remote areas of the

I s la nd.

 2 .  Article 7 of the Water (Jersey) Law

1 9 7 2, requires the Jersey New

W  a terworks Company to provide a

d o m estic water supply to premises, and m ay require the owner to pay the

e s ti mated cost of the work.

W  h ilst the further extension of water

m  ai ns is a laudable objective the

P u b lic Services Committee is, together w  it h other States Committees, currently c o n sidering economies in its services

a n d expenditure. The provision of its

c o r e services such as the extension and m  ai ntenance of the sewerage network

m  u st be the primary objective of the

C o m mittee. Expenditure on subsidies for th e extension of water mains, are not,

t h er efore, currently under

c o n sideration.''

Island's sewerage system  - questions and answers. (Tape No. 277)

Deputy Philip John Rondel of St. John asked the Deputy Dereck André Carter, President of the Public Services Committee, the following questions -

1.  I s the President aware that the

ex c e p t ional rainfall that has

o cc u r r ed over the past five months

h as c a used many septic tanks and so a k a w ays in St. John, and other

ar e a s o f the Island, to overflow,

th u s c a using foul substances to be in t ro d u ced to a number of streams an d w a tercourses in reservoir

ca t c h m ent areas?

 2 .  Is the President also aware that

h o u seholders with only those facilities h a v e experienced severe hardship in

t h at the use of water for bathing and

t h e continued availability of their

t o il ets has been precluded by the

i n ab ility of their drainage systems to

t a ke further liquid?

 3 .  Would the President confirm the

i n fo rmation that I received in December l a st year, from a senior official at

t h e Public Services Department, that t h e current programme of connexions to m  ai ns sewers for just some of the

r e m aining 20 per cent of the population w  h o use private drainage systems will

t a ke between 15 and 20 years to

c o m plete?

 4 .  If the answer to question 3 is

a f fi rmative, would the President say

w  h y the programme for the completion of t h es e works is so protracted and

w  h ether he and his Committee is

s a ti sfied with that situation?

 5 .  If one of the reasons for the

p r o tracted nature of the works

p r o gramme is the lack of adequate

f u n ds, is the President taking any

s te p s to investigate the availability

o f f inance from sources other than the

p u b lic funds currently available to him t o c arry out the work?

 6 .  Will the President undertake to bring

b a c k to the States for debate the

e n ti re question of the Island's

s e w erage system and the steps which his C o m mittee intends to take to improve

t h e system?''

The President of the Public Services Committee replied as follows -

1.  T he President is aware that the

ex c e p t ional rainfall this winter

h as c a use many septic tanks and

so a k a w ay systems in the Island to

o v er f lo w.

T h i s has resulted in foul substances

b e in g introduced to a number of streams a n d water courses in reservoir

c a tc hment areas, but it is considered

( b y the Waterworks Company) that this b i o logical contamination will not

a d v ersely affect their water

p u r ification systems.

 2 .  The President is aware that some

h o u seholders with septic tank and

s o a kaway systems have experienced h a r dship, and sympathises with them.

T h i s problem is due to the inability of

t h es e drainage systems to cope with the h i g h water table which has been caused b y the exceptionally wet weather.

 3 .  I confirm that the information, which

t h e Deputy received from the Department i n D ecember 1994, is correct in being

t h e best estimate that can be made at

t h e present time. There are a number of

f a ct ors which influence the time for

c o m pletion of the current programme of f o u l sewer extensions, with one of the

m  o st important factors being the

a v a ilability of funds. In the last four

y e a rs the sewerage rolling vote has

b e e n cut from £8M a year to £4M, and is a g a in under threat this year possibly

t o g o as low as £3M.

T h e Deputy was also informed that this

t ime for completion is based on the

n u m ber of areas which have already been i d en tified as requiring sewers, but

t h at additional areas are constantly

b e in g added.

T h e refore, it is very difficult to give a p r ecise answer to this question.

T h e Deputy was also informed that it m  ay not be practicable to connect all

p r o perties to the main sewer system, as s o m e are very remote, and it could be u n e conomic to connect them.

 4 .  The answer to question 3 is

a f fi rmative, and there are various

r e as ons for the completion of the

p r o gramme of foul sewer extensions t a ki ng a long time.

T h e re are limitations on the funds

a v a ilable for foul sewer extensions, as i s th e case with other necessary work. I t h as to be remembered that there are

o t h er problems to be dealt with,

r e g arding the Island's sewerage

s y s tems.

R e c onstruction of various parts of the e x is ting sewerage system is necessary t o d eal with overloading and with

d e te rioration. Improvements to surface w at er systems are required to deal with f lo o ding problems. There is a practical l im it to the amount of work which can b e u ndertaken at any one time, bearing i n m ind traffic problems, summer

r o a dworks restrictions, work to be

c a rr ied out by other service companies, a n d the availability of local

r e so urces. Is the Public Services

C o m mittee satisfied with the situation? T h e Public Services Committee would l ik e to provide sewers to all areas as

q u i ckly as possible, but has to

r e co gnise the limitations imposed by

S t a tes' funding, the amount of work

w  h ich can reasonably progress at any

t im  e, and the local resources

a v a ilable.

 5 .  The Public Services Committee is not a t ra d ing Committee, run to make a profit

b y charging for its services. It relies

o n funding granted by the States.

F u n ding from other sources could be

o b t ained by borrowing, which is however

c o n trary to States' policy, or by

a t tr acting private investment. It is

c o n sidered extremely unlikely that the

p r iv ate sector would wish to invest in

f o u l sewer extensions or other sewerage

p r o jects, as there would be little or

n o return. Therefore, at present the

P u b lic Services Committee is not taking s te p s to investigate the availability

o f f inance from other sources.

 6 .  The Public Services Committee's policy f o r the disposal of liquid waste was

d e b ated in the States in May and June

1 9 9 3, and was approved by the States.

T h e Public Services Committee is

i n te nding to bring a further report to t h e States this year, on its future

p r o gramme of sewerage works.

I f th e Deputy is referring to the

i m p rovement of the foul sewerage

s y s tem, the Committee has a programme f o r improving those parts which require i m p rovement. If he is referring to the

e x te nsion of the foul sewerage system,

t h e Committee has a programme for

e x te nding it.''

Classification of ash - questions and answers. (Tape No. 277)

Senator Stuart Syvret asked Deputy Dereck André Carter, President of the Public Services

Committee, the following questions -

1.  M aterials for waste disposal can

b e c la s sified as inert or

h az a r d ous when the standard DIN 3 8 4 1 4 test is applied to the

le a c h a te derived from them.

A p p l y ing this test, will the

P re s i d ent state what

cl a s si f ications are achieved by

fl y a s h , bottom ash and combined as h ?

 2 .  Will the President state what

c l as sification would the three types of a s h achieve if subjected to the

r e q uirements of the forthcoming EC

d i re ctive on incineration of waste?''

The President of the Public Services Committee replied as follows -

1.  ( i) To use the word classified'

is s l ig h t ly out of date. The

D I N 3 8 4 14 leachate test is

d es i g n e d to measure the

le a c h a b il ity of certain

so l u b l e m aterials in solids or sl u r ri e s .

( ii ) The draft EU Directive on

la n d f il l, May 1991, proposed that th i s t es t be used as a measure of

w h e th e r solid waste should be

cl a s si f ied as hazardous, non-

h az a r d ous or inert. However, the d ra f t D irective has now been

re p l a ce d by a more recent version fr o m w hich the proposal to use

th i s D I N test as a means of

cl a s si f ication has been deleted.

( ii i)  The DIN test was carried out

o n f ly a s h from the Bellozanne

In c i n e ra t or Plant. Fly ash is

ac k n o w  le dged to contain most

o f th e h e avy metal

co n t a m  in ation, and if the

cr i te r ia s pecified in the

su p e r s e d ed Directive were to

b e a p p li e d to the leachate

p ro d u c e d , the Lead, Cadmium an d Z i n c concentrations in the le a c h a te would all fall into

th e h az a r dous waste category, as w o u l d the total heavy metal

co n t e n t . The levels of

ar s e n ic , c hromium, copper, n ic k e l a n d mercury would all b e w i t h in the levels specified fo r i n e r t waste in the

re p e a l ed Directive.

( iv ) The tests have not been carried

o u t o n combined or bottom ash. The

a s h w e actually dispose of is

co m  b i ned ash, which is 90 per cent b o tt o m ash and only 10 per cent

fl y a s h .

 2 .  (i)  By forthcoming', the Senator

p re s u m ably means draft' and by EC h e p r e sumably means EU.

( ii ) The EU draft Directive is cu r r e n tly in its second draft (2 0 t h A ugust 1994).

It p l a c es far more stringent

co n t r o ls on gaseous, solid and

li q u id emissions from municipal in c i n er ator plants than have

p re v i o usly been required, and re p r e se ntations have been made fr o m s everal member countries re g a r d ing what are felt to be

u n n ec e ssary restrictions.

( ii i)  It does not contain any re f e re n c e to the

c l as s i fi c ation' of ash.

( iv ) It does lay down new and

d if fe r e nt standards for leachates fr o m ash.

It d o e s not specify concentrations

o f m e t als in leachate but

sp e c i fi es the total quantity of a

p ar t ic u lar metal which might

p o ss i b ly leach out of the ash

p ro d u c ed from the incineration of

o n e k i logram of waste.

( v ) This means in effect that the

to t a l so luble component of a

p ar t ic u lar metal in a given mass

o f a sh must be determined.

( v i) Domestic waste contains higher

le v e ls of certain heavy metals

th a n w ould be permitted under (iv) ab o v e and the soluble component of th e s e h eavy metals in ash would

ex c e e d the limits specified in the

d ra f t D irective.

T h is is one of the reasons why my C o m m  ittee is currently examining

o p ti o n s for future ash disposal - th e s e o ptions include fly ash

se p a r a tion and subsequent

tr e a tm  ent.''

Disabled transport allowance  - statement

Deputy Terence Augustine Le Sueur of St. Helier , President of the Employment and Social Security Committee, made a statement in the following terms -

  The States, on 11th November 1992,

 d ebated a proposition of the then Social

 S ecurity Committee (P.139/92) proposing a  d isabled transport allowance of limited

 s cope for persons under 65 with severe

 p hysical or mental disabilities unable to

 leave their homes without help, and then

 c onsidering an extension of the scheme to

 i nclude persons over 65 as soon as thew

 f inancial climate improved. The then Deputy  S yvret tabled an amendment (P.156.92)

 b roadening the allowance and proposing that

£ 30 be payable to all disabled persons

 i rrespective of age. The States agreed to

 t his amendment, though members had little

 i ndication of the total cost of this

 a mendment at the time, and charged the

 S ocial Security Committee with the

 p reparation of legislation. Full

 i nstructions were sent to the Law Draftsman  i n January 1993.

M embers are well aware of the delays in the L aw Drafting Programme and despite this

i tem being in the priority list for 1993

a nd 1994, I have to report that a start has

y et to be made on the Disabled Transport

A llowance Law. It has gradually worked its w ay up the list and I am told drafting

s hould begin this year but not before May

1 995. I have already registered my

d isappointment and concern over the delay w ith the Law Draftsman and President of the P olicy and Resources Committee.

S ince the debate in 1992, further

f inancial constraints have been placed upon

u s. The 1995 cash limits exercise confirmed m y Committee's concern that money is not

a vailable to fund the scheme agreed by the

S tates. The most conservative estimate

i ndicates that the cost of the full

p roposals would be around £4 million

a nnually with an increasing commitment over t he years. The predictions are that numbers

o ver 65 years will rise from 11,910 at the

l ast census in 1991 to 15,425 by the year

2 015, with those aged 80 and over

i ncreasing from 3,133 to 3,550 during the

s ame period. There is no doubt that many of

t hese elderly people would be eligible for

t he allowance.

M y Committee's intention is to

i ntroduce enabling legislation as soon as

t he Law Drafting Programme allows in order

t o provide the necessary framework for full

i mplementation of the proposals agreed by

t he States in November 1992, the

c onsequential detail being introduced by

w ay of Regulations whose implementation may n eed to be phased. This would enable the

S tates to consider the detailed financial

i mplications at the time of proposing the

R egulations, including rates of disabled

t ransport allowances and dates for

i mplementation.

M embers will be aware from the report

a nd proposition previously lodged by my

C ommittee on 13th December  1994 (P.168/94) t hat, if funds are not forthcoming to set

u p and sustain the allowance, then we may

h ave to seek States' support for a phased

i ntroduction, and this will be achieved by

o ur intentions of a broad enabling Law and

d etailed Regulations.

I t is always difficult to determine

p riorities in such an important area and it w ould give me no pleasure to do so. My

C ommittee is still of the view that if

c hoices have to be made then the allowance s hould be targeted to those most in

f inancial need by applying an income bar. P riority should then be given to the under

6 5's, particularly to help with exceptional

t ravel expenses to work, until such times

a s the scheme can be fully funded.

I t will be for the States to discuss and a gree these matters in the light of the f inancial position when draft Regulations

a re completed but my Committee and I would w elcome comments and ideas from individual m embers either personally or in writing

b efore then.''

Hotel accommodation for public sector employees  - statement

Deputy Frank Harris on Walker of St. Helier , President of the Establishment Committee, made a statement in the following terms -

  I undertook at the last States' sitting

 t o come back to the House to advise members

o f the costs associated with placing (j)

 c ategory'' public sector employees into

 h otels when they have come to the Island to

 t ake up their appointments, but are still

 a ttempting to find suitable long-term

 a ccommodation.

T he details are as follows -

 1 .  There are currently no employees

o c c upying hotel accommodation. The last

a n d only employee who was in this

p o s ition during 1995 moved out of such

a c c ommodation on 25th March. He had

r e si ded in a hotel for the period

c o m mencing 9th January. Whilst all the

i n v oices associated with his stay have

n o t yet been received, it is estimated

t h at the total cost will amount to

a p p roximately £2,000.

2 . The costs incurred for the previous two y e a rs were as follows -

1 9 9 3  £ 385 (four employees) 1 9 9 4  £ 699 (two employees).

It is clear from the above that placing

public sector employees in hotel accommodation is a very rare occurrence and only arises where it has proved impossible

to find suitable accommodation by the time employees take up their appointments. The funds for meeting these expenses come from the employing Committee's own revenue budget and, in view of the infrequent occasions on which this situation arises, my Committee

has not set any overall policy for the manner in which these matters should be handled. We rely upon each States' Department to keep these costs to a minimum, consistent with the normal approach that should be taken with every aspect of revenue expenditure.''

Rent Control Tribunal: appointment of members

THE STATES, adopting a proposition of the Housing Committee and in pursuance of paragraph (1) of Article 3 of the Dwelling Houses (Rent Control) (Jersey) Law 1949, as amended, appointed the following persons to act as chairman and members of the Rent Control Tribunal from 13th April 1995 until 12th April 1996, namely -

H enry Robert Hall , O.B.E., chairman M rs. Shirley Norma Barr

T erence Lavery

M ichael Robottom

D onald George Filleul.

Post shop in Broad Street Post Office: approval of drawing

THE STATES, adopting a proposition of the Committee for Postal Administration -

 ( a) approved drawing No. 94-621-03 showing t h e proposed development to form an

i n te rnal post shop within the premises

o f t he General Post Office, 15 Broad

S t re et, St. Helier;

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

Manual Workers' Joint Council: Employers' Side membership

THE STATES, adopting a proposition of the Establishment Committee, and in accordance with their Act dated 9th November 1961 concerning the membership of the Manual Workers' Joint Council, approved the nomination of Mr. Peter Lambert, Chief Executive of the Department of Health, to serve as a member of the Employers' Side of the Council, in place of Mr. Michael John Pinel. Victoria Pier warehouse conversion for fish processing: approval of drawings

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

 ( a) approved drawings Nos. 2344/1A and

2 3 4 4/2A, showing the conversion of the f o rm er Huelin- Renouf warehouse on the V ic toria Pier as a fish processing

w  ar ehouse;

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

South Hill office extension: approval of drawings

THE STATES, adopting a proposition of the Planning and Environment Committee -

 ( a) approved drawings Nos. 2266/97/E,

2 2 6 6/98/B and 2266/99/B showing the p r o posed office extension adjacent to t h e Public Services Building, South

H  il l, for the use of Planning and

B u i lding Services;

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