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STATES MINUTES 3 1 s t J a n uary 1995 Re-issue 30.3.95 P ri c e : £ 1.50
T HE STATES assembled on Tuesday, 31st January 1995 at 9.30 a.m. under
t h e Presidency of the Bailiff ,
S i r P eter Crill, K.B.E.
_ _ _ _ _ _ ______
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 -
J ohn Nicolle Le Fondré, Deputy of St.
L awrence - ill
F rank Harris on Walker , Deputy of St.
H elier - out of the Island
D avid Leon Crespel, Deputy of St. Helier - i ll
G ary Matthews, Deputy of St. Brelade - ill.
_ _ _ _ _ _ ______
P ra y ers
_ _ _ _ _ _ ______
Connétable of St. Helier - welcome
The Bailiff welcomed the Connétable of St. Helier on his return from the Falkland Islands where he represented Jersey as part of a Commonwealth Parliamentary Association delegation attending a seminar to commemorate the 150th Anniversary of the founding of the Legislative Council of the Falkland Islands.
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Export of Agricultural Produce
( A m endment No. 10) (Jersey) Order 1995. R & O 8779.
2 . Companies (General Provisions)
( A m endment No. 2) (Jersey) Order 1995. R & O 8782.
3 . Fire Service (General
P r o visions) (Amendment No. 17) (Jersey) O rd er 1995. R & O 8783.
4 . Road and Sand Racing (Jersey) O rd er 1995. R & O 8784.
Sport, Leisure and Recreation Committee - resignation of member
THE STATES noted the resignation of Deputy Shirley Margaret Baudains of St. Helier from the Sport, Leisure and Recreation Committee.
Tourism Committee - appointment of member
THE STATES appointed Deputy Philip John Rondel of St. John as a member of the Tourism
Committee.
Agriculture and Fisheries Committee - resignation of member
THE STATES noted the resignation of Senator Vernon Amy Tomes from the Agriculture and Fisheries Committee.
Matter presented
The following matter was presented to the States -
D isabled Transport Allowance
( P.168/94) - comments of the Finance and E conomics Committee - P.10/95.
P resented by the Finance and
E conomics Committee.
Matters noted - land transactions
THE STATES noted an Act of the Finance and Economics Committee dated 20th January 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 Dive
a n d Ski Sports of the Albert Pier
B u n ker (Letting No. A3) measuring
4 0 7 .5 square feet, for a period of
t h re e years from 1st January 1995, at
a n a nnual rent of £1,430.88
( re p resenting a rate of £3.51 a square
f o o t) payable six months in advance and s u b ject to annual review on 1st April;
( b) as recommended by the Harbours
a n d Airport Committee, the assignment
f ro m Commodore Shipping Jersey Limited t o C ommodore Properties Limited of the
l e as e of the ground site (E34) being
t h e site of the new Phase II warehouse
a t t he Elizabeth Harbour, St. Helier ,
w it h effect from a date to be agreed;
( c) as recommended by the Harbours and
A ir port Committee, the lease to the
u n d ermentioned of the Workshop Units at L a Folie, St. Helier Harbour indicated,
a t t he rents stated (which represent a
r a te of approximately £4.29 a square
f o o t) -
( i) Island Yachts (LF9A) £ 5,427.02
( ii ) Jersey Marine Electronics (LF9B) £ 4 ,9 5 5 . 45
( ii i) Keating Marine
E n g in e e r ing
(L F 9 C ) £ 3 , 8 4 9 .4 9
( iv ) Fox Marine Engineers(LF9D) £6,532. 9 8
f o r a period of nine years from 1st
M a rch 1995, subject to annual review;
( d) as recommended by the Public Services C o m mittee, the purchase from Mr.
F r a ncis Piers Bois and Mrs. Elizabeth
M a ud Bois, née Pearce, his mother, who h a d life enjoyment of the land, of
1 , 5 84 square feet of land in Field
N o . 311, St. Saviour , required for the
c o n struction of Pumping Station No. 1,
f o r the sum of £1,584 (representing a
r a te of £1 a square foot), with the C o m mittee being responsible for all l e ga l costs;
( e) as recommended by the Housing
C o m mittee, the purchase from Mr. Eric L e Saint of 865 square feet of land,
b e in g a footpath through Vicq Farm, La R u e de Maraval, Grouville , for the sum
o f £ 865 (representing a rate of £1 a
s q u are foot), with the Committee being r e sp onsible for all reasonable legal
c o s ts and for the cost of constructing
t h e footpath, estimated at £6,686.
Matter noted - financial transaction
THE STATES noted an Act of the Finance and Economics Committee dated 20th 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 Harbours and Airport Committee had accepted the lowest of six tenders, namely that submitted by
B and C Construction Limited in the sum of £391,032 for the refurbishment of the Albert
Pier Terminal, St. Helier Harbour.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Agriculture (Loans)
( A m endment No. 9) (Jersey) Regulations 1 9 9 - P.7/95.
P r e sented by the Agriculture and
F isheries Committee.
2 . Draft Drug Trafficking Offences
( D e signated Countries and Territories)
( A m endment No. 5) (Jersey) Regulations 1 9 9 - P.9/95.
P r e sented by the Finance and
E c o nomics Committee.
3 . Draft Terms of Employment
( J er sey) Regulations 199 - P.11/95. P r e sented by the Industrial
R e l ations Committee.
4 . Marine Protection Zone -
P . 1 2/95.
P r e sented by the Planning and E n v ironment Committee. Arrangement of public business for the present meeting
The President of the Planning and Environment Committee withdrew the proposition regarding the designation of a marine zone (P.151/94 - lodged
au Greffe'' on 22nd November 1994) having lodged a revised proposition at the present meeting (P.12/95).
THE STATES acceded to the request of the President of the Policy and Resources
Committee that consideration of the capital programme 1995-1999 of the Housing Committee (P.1/95 - lodged au Greffe'' on 3rd January 1995) be deferred from the present meeting.
THE STATES rejected the request of the President of the Housing Committee that the matter be debated on 14th February 1994, whereupon the President withdrew the proposition.
THE STATES acceded to the request of the President of the Agriculture and Fisheries Committee that consideration of the draft Sea Fisheries (Miscellaneous Provision) (Jersey) Regulations 199 (P.5/95 - lodged au Greffe'' on 17th January 1995) be deferred from the present meeting.
Arrangement of public business for the meeting on 14th February 1995
THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the meeting on 14th February 1995 -
D raft Medicines (Jersey) Law 199 - P .106/94.
L odged: 23rd August 1994.
P ublic Health Committee.
D raft Medicines (Jersey) Law 199 : a mendment - P.4/95.
L odged: 17th January 1995.
P ublic Health Committee.
D raft Firearms (Jersey) Law 1 99 - P.172/94
L odged: 20th December 1994. D efence Committee.
G olf course at Les Quennevais camp
s ite and associated land, St.
B relade - P.2/95.
L odged: 3rd January 1995.
P lanning and Environment Committee.
D raft Agriculture (Loans) (Amendment N o. 9) (Jersey) Regulations 199 - P.7/95. L odged: 31st January 1995.
A griculture and Fisheries Committee.
D raft Drug Trafficking Offences
( Designated Countries and Territories)
( Amendment No. 5) (Jersey) Regulations 1 99 - P.9/95.
L odged: 31st January 1995.
F inance and Economics
C ommittee.
Field 1007, St. John - petition and proposition. P.8/95
Senator Vernon Amy Tomes presented to the States a petition on behalf of Mr. David Ronald Manning and others pray that the States would
agree to request the Planning and Environment Committee to approve an application by Mr. David Ronald Manning, under Article 6 of the Island Planning (Jersey) Law 1964, as amended, to allow the building of a house and store on Field 1007,
St. John.
At the same time, Senator Tomes lodged au Greffe'' a proposition that the prayer of the petition be granted.
THE STATES referred the said petition to the Planning and Environment Committee.
Legislation to combat noise abuse - questions and answers (Tape No. 269)
Deputy Frederick John Hill of St. Martin asked the Connétable of St. Saviour, President of the Public Health Committee, the following questions -
1. W ill the President inform the
S t a te s how long the Public Health C o m m ittee has been involved in
d ra w in g up legislation to combat n o is e a buse?
2 . Will the President inform the States w h en the draft legislation will be
r e ad y for presentation to the States?
3 . Will the President inform the States if h e i s aware of the distress being
e x p erienced by people who are
i n co nvenienced by the absence of
l e gi slation and of the difficulties
e n c ountered by those bodies with
d e d icated responsibilities to address
c o m plaints of noise abuse?''
The President of the Public Health Committee replied as follows -
1. T he Public Health Committee is
aw a re of the need to revise
ex i s ti n g public health
le g i sl a tion. This was clearly
st a te d in the Plan for the Health
S e rv i c e in Jersey 1993-1997' which w a s a p proved by the States on 25th A u g u s t 1992.
T h e updating of public health
l e gi slation in one exercise is a task
o f t oo great a magnitude, so a decision h a s been taken to tackle each aspect of t h e legislation on an individual basis.
A r equest was accordingly made to the P o l icy and Resources Committee in the L a w Drafting Programme 1994/95 for a S t a tutory Nuisances (Jersey) Law.
B e c ause of difficulties in preparing
t h e brief to comply with newly
i n tr oduced drafting procedures,
p r io rity could not be given to this
l e gi slation in 1994.
2 . The Public Health Committee has
o b t ained the services of a United
K in gdom solicitor with experience in e n v ironmental health legislation to
d r a w up a brief for presentation to the L a w Draftsman. A first draft of the
b r ie f has already been submitted to the L a w Draftsman for his comments, and a m endments will be made before the
d e f initive brief is submitted.
S u b ject to law drafting time being
a l lo cated by the Policy and Resources C o m mittee the draft legislation should b e r eady for presentation to the States l a te r this year.
3 . Yes, I am well aware of the distress
b e in g experienced by people, as the
E n v ironmental Health Section receives m an y complaints about noise nuisance. H o wever, at the present time, there is
n o specific legislation administered by t h e Public Health Committee to address t h is issue.
M y Committee is not in a position to
c o m ment on the responsibilities of
o t h er bodies with dedicated
r e sp onsibility to address complaints of
n o i se abuse. However, my Environmental H ea lth Department will, of course,
a s s ist in investigating such complaints
w h erever possible.
M y Committee's officers use their
p o w ers of persuasion to try and
m in imise nuisance due to noise, but
c a n not go beyond their existing
s ta t utory powers. I am sure the Deputy
o f S t. Martin, who has recently
r e ce ived information from Public Health C o m mittee members and officers on this i ss u e, will give his full support to
t h e efforts of my Committee to
i n tr oduce a Statutory Nuisances Law
w h ich will address some of the issues
o f noise abuse. As stated in my answer
t o q uestion 2, my Committee is hopeful t h at this legislation will be afforded
p r io rity and presented to the States
l a te r this year.''
Hautlieu School - questions and answers (Tape No. 269)
Deputy Leonard Norman of St. Clement asked the Connétable of St. Lawrence, President of the Education Committee, the following questions -
1. I s the President aware of the
w i d es p read concern of members of th e p ublic, parents, pupils and
st a ff a t Hautlieu regarding the
co n t i n uing uncertainty of this
ex c e l le nt school's future?
2 . To prevent further uncertainty and
t h e further undermining of morale of t h e pupils and staff at Hautlieu, will
t h e President consider making the
m at ter of the future of Hautlieu one of
h e r Committee's highest priorities?
3 . Will the President say when the
f in a l report commissioned from the
O ff ice for Standards in Education
( O F STED) will be completed and confirm t h at this will be made available to the
p u b lic?
4 . Does the President have absolute
c o n fidence in the competence of OFSTED t o e valuate the Jersey education system
a n d what are the grounds for that
c o n fidence?
5 . Will the President say how long
e a c h consultant from OFSTED has spent i n J ersey, which schools they visited
a n d how long they spent in each school?
6 . Will the President state the cost so
f a r of consultants, reports and travel
c o s ts of officers of the Department and m em bers of the Committee in regard to t h e investigation of 16+ education in
J e rs ey and the 14+ transfer system?''
The President of the Education Committee replied as follows -
1. I am aware of the widespread
co n c e r n to which Deputy Norman
re f e rs . Acting for the States, my
C o m m ittee is committed to ensuring th a t o u r young people have access
to e d u cational opportunities which
co m p a re favourably with those of
W e s t e rn Europe. It is to achieve
th i s g o al that we have supported
th e re v iew of the future of post-
1 6 e d u cation in Jersey which,
fo l lo w ing extensive consultation,
le d to an investigation of the
ef f e c ti veness of the 14+ optional
tr a n sf e r system. Any fundamental
re v i e w of this nature inevitably
ca u s e s uncertainty and anxiety but
it i s v i tally important that all
n ec e s s ary evidence is obtained
b ef o r e any decision is taken. I am
fu l ly c ommitted to ensuring that
w e d e v elop our education system so th a t a l l children are given every
o p p o rt unity to meet their full
p o tential enabling them to face an
u n ce r t ain future with confidence. 2 . My Committee is giving the highest p r io rity to determining the future of s e c ondary education and it is clear to u s t hat the future of Hautlieu School i s c entral to this issue.
3 . Ofsted have confirmed that the final
r e p ort will be available for the
E d u cation Committee before our next
m ee ting which is to be held on
W e dnesday 8th February. I have already i n d icated that, once it has been
c o n sidered by my Committee, the full
r e p ort will be made available to the
p u b lic, as was the earlier report on
T h e Future of Post-16 Education in
J e rs ey' prepared by Dr. Michael Young a n d Dr. Ken Spours of the University of L o n don Institute of Education.
M y Committee has made strenuous efforts t o c onduct this important educational
d e b ate in an open and forthright
m an ner. This has been encouraged within t h e service through various
c o n sultative groups and also by means
o f a series of public meetings.
T h r oughout this process my intention
h a s been to promote a debate on the
i ss u es and to give careful
c o n sideration to the views expressed
b e f ore making a decision and bringing a
r e p ort and proposition to the States.
B e f ore bringing a report and
p r o position, I thought that it would be h e lp ful to provide an opportunity for
S t a tes members to receive a
p r e sentation on the issues which are at t h e heart of my Committee's
d e li berations. This will include a
p r e sentation of the Ofsted Report. With t h is in mind, I am pleased to invite
a l l members to a presentation in the
O ld Library, States' Building, on 21st
F e b ruary 1995 from 2 p.m. to 4 p.m.
T h i s occasion will enable you to raise
a n y questions which will assist you
w h en considering this important matter.
4 . The Office for Standards in Education i s th e organisation which is
r e sp onsible not only for inspecting
s c h ools but also for providing advice
t o H er Majesty's Government on a wide
r a n ge of educational matters. It is
r e n owned for its independence and w ea lth of knowledge and experience. T h e se acknowledged characteristics ca used my Committee to decide that O fs ted was the appropriate body to
u n d ertake this investigation.
5 . The Ofsted team which visited the
I s la nd from 3rd - 7th October 1994,
c o n sisted of eight members of Her
M a jesty's Inspectorate with specialist
k n o wledge of curriculum planning,
s e c ondary and post-16 provision, judged b y the Director of Inspection to be
c o m petent to assess the performance of s c h ools and educational systems. The
e x e rcise was co-ordinated by HMI
M . Tomlinson who is Ofsted's Director
o f I nspection.
P r io r to the visit of the full team,
t w o members spent two days in the
I s la nd visiting schools in order to
p l an the exercise. During the week
b e g inning 3rd October each 11-16 school w as inspected over a period of two days b y teams of two HMI and the full team
s p e nt a similar amount of time in
H au tlieu.
6 . The total expenditure incurred in
r e sp ect of the review and report
c o m pleted by Dr. Young and Dr. Spours w as £7,000. The cost of the Ofsted
r e v iew and report is £30,000. My
C o m mittee has also undertaken two
v i si ts to the United Kingdom. The first
w as to VI Form Colleges in Worthing,
B r i ghton and Northwich costing
£ 1 , 655.91. The second was to Louth
w h ere we visited King Edward VI School a n d two of the 11-16 schools which are
p a r t of the Louth Plan and two 11-16
c o m prehensive schools on Humberside.
T h e cost of this visit was £3,497.00.
O n both visits the Committee was
a c c ompanied by the Director and an
A ss istant Director.
T h e total costs incurred represent a
s m a ll investment when considering the i m p ortance of the decision in terms of t h e future of the young people of our
I s la nd.''
Environmental Adviser to the States of Jersey: appointment
THE STATES, adopting a proposition of the Establishment Committee, approved the appointment of Dr. Michael George Romeril as Environmental Adviser to the States of Jersey for a contract period of three years with effect from 1st February 1995.
Commission Amicale: establishment and membership
THE STATES, adopting a proposition of the Policy and Resources Committee -
( a) approved the establishment of a
C o m mission Amicale between the States
o f Jersey and the Conseil Régionale de
B a s se Normandie;
( b) agreed that the members of the Jersey d e le gation to the Commission should
b e -
th e B a iliff of Jersey (Joint-
C h a ir m an)
S e n at o r Reginald Robert Jeune , O . B .E
S e n at o r Pierre François Horsfall S e n at o r Jean Amy Le Maistre M r s . Ir is Medora Le Feuvre,
C o n n é table of St. Lawrence
M r . C a rl John Le Herissier
H i n au l t, Connétable of St. John D e p u ty Philip Roy Cabot of
T ri n i ty .
Policing system in Jersey - independent review - P.94/94
THE STATES commenced consideration of a proposition of the Defence Committee regarding an independent review of the policing system in Jersey.
THE STATES, after discussion, deferred further consideration of the proposition until later in the day.
The Bailiff - retirement of Sir Peter Crill, K.B.E.
Senator Richard Joseph Shenton, the Connétable of St. Clement and Deputy Robin Ernest Richard Rumboll of St. Helier , on behalf of all the Members and Officers of the States, paid tribute to Sir Peter Crill, K.B.E. for his 43 years of service to the Island, the last nine years as Bailiff , and wished him and Lady Crill a long and happy retirement.
The Bailiff suitably responded. Change of Presidency
THE STATES then adjourned to the Royal Court for the official unveiling of a portrait of Sir
Peter Crill and re-assembled in the afternoon
under the Presidency of the Deputy Bailiff .
Policing system in Jersey - independent review - P.94/94
THE STATES continued discussion of the proposition of the Defence Committee regarding a review of the policing system in Jersey and, having adopted an amendment of Deputy Dereck André Carter that, in paragraph (2), for the
words presented to'' there should be
substituted the words debated by'', adopted
the proposition and -
( 1) charged the Defence Committee to
c o m mission a full and thorough
i n d ependent review of the policing
s y s tem in Jersey including the powers
o f t he police to combat crime and the
p r o tection afforded by the Law to the i n d ividual citizen together with the
l e ve l of service provided;
( 2) agreed that the report and
r e co mmendations of the independent
r e v iew should be debated by the States;
( 3) agreed that the independent review s h o uld be undertaken by -
S ir C e cil Clothier, K.C.B., Q.C. Ju r a t M ichael Arthur Rumfitt
M r . B e rnard Thomas Binnington, O . B .E .
M r . R o nald Leslie Mitchell
M r s . S ally Carolyn Ann Le Brocq;
( 4) agreed that all costs incurred in the i n d ependent review should be met by the D ef ence Committee from within its
e x is ting budget.
Members present voted as follows - P o u r'' (39)
Senators
S henton, Jeune , Horsfall, Rothwell, Le M aistre, Stein, Chinn, Bailhache , Syvret.
Connétable s
S t. Clement, St. Lawrence, St. Mary, St. B relade, St. Peter, Grouville , St. Helier , S t. Martin, St. John.
Deputies
R umboll(H), Wavell(S), Norman(C),
H . Baudains(C), Le Sueur(H), St. Ouen,
C outanche(L), Huelin(B), St. Mary,
S . Baudains(H), Le Geyt(S), Pullin(S),
T rinity, Johns(H), Duhamel(S), Routier(H), L ayzell(B), Breckon(S), Grouville , St.
M artin, St. John.
C o n tre'' (7) Senator
T omes. Connétable s
T rinity, St. Ouen. Deputies
S t. Peter, Carter(H), Dorey(H), Huet(H).
Longbeach, Gorey - compensation - supplementary vote of credit - P.133/94
THE STATES, adopting a proposition of the Finance and Economic Committee, acceded to the request for the following supplementary vote of credit to be voted out of the general reserve -
5 207 P la nning and Environment
C o m m ittee
L e g a l Claims Contingency £200,000. Sport, Leisure and Recreation premises: transfer of administration - P.170/94
THE STATES, adopting a proposition of the Education Committee, approved the transfer, with effect from 1st January 1995, of the administration from the Education Committee to the Sport, Leisure and Recreation Committee -
( a) of the playing fields and facilities at
L e s Quennevais Playing Fields, F.B.
F i e lds and Grainville Playing Fields
( w i thin the boundaries shown on
d r a wings Nos. 456/1, 458/1 and 459/1
r e sp ectively) and South Hill Gymnasium, t o g ether with all leases and rental
a g r eements currently in effect;
( b) of the playing field to the south of
J e rs ey Airport subject to the Sport,
L e i sure and Recreation Committee
u n d ertaking to return the field to the
a d m inistration of the Harbours and
A ir port Committee should it be required f o r development in the future in
c o n nexion with Airport requirements,
a n d accordingly to rescind their Act
d a te d 11th June 1985.
Adjournment
THE STATES then adjourned, having agreed that the remaining item of public business be considered as the first item of matters lodged under Public Business at the next meeting.
THE STATES rose at 4.45 p.m.
G .H .C . C O P P O C K G re f fi e r o f the States.