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STATES MINUTES 5t h D ecem ber 1995
T HE STATES assembled on Tuesday, 5th December 1995 at 9.30 a.m. under t he 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 as pr e sent.
__ _______ ___
All Members were present with the exception of -
C arlyle John Le Herissier Hinault, C onnétable of St. John - excused.
__ _______ ___
P r aye rs
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Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Pilotage (Dues and Fees)
( A m endment No. 7) (Jersey) Order 1995. R & O 8888.
2 . Collective Investment Funds
( U ncl assified Funds) (Prospectuses) ( A m endment) (Jersey) Order 1995. R & O 8889.
3 . Collective Investment Funds
( R ec ognized Funds) (General Provisions) ( A m endment No. 8) (Jersey) Order 1995. R & O 8890.
Matter noted - land transaction
THE STATES noted an Act of the Finance and Economics Committee dated 27th November 1995, showing that, in pursuance of Standing Orders
relating to certain transactions in land, the Committee had approved, as recommended by the Planning and Environment Committee, the lease to Mr. Bernard Anthony Copple of the undermentioned four plots of land at Les Mielles de Morville,
La Grande Route des Mielles, St. Ouen , for a further period of three years from 28th February 1995, with an option to renew for a further term
of three years, for the following rents -
( a) £30 a year for the general grazing r ight s in respect of -
( i) an area of open land which
incor por ated Field No. 1565, St. O uen ( measuring approximately
47.5 ver gées); and
( ii ) l and to the north of Les Laveurs sl ip w a y which incorporated Field N o. 132 1, St. Ouen (measuring
ap pr oxi mately 9.5 vergées);
( b) £80 a year for plot 102 comprising F i e lds Nos. 1580 and 1607, St. Ouen ( m eas uring 14 vergées); and
( c) £100 a year for plot 121 comprising F i e lds Nos. 1580 and 1607, St. Ouen ( m eas uring 7.5 vergées);
s ubject to the same terms and conditions as a t present with the following
r estrictions -
- no pesticides (including
w eed ki llers) or fertiliser to be ap pl i ed t o the land;
- no ploughing or cultivation to be
und er t aken without prior
co ns ul tation with the Conservation O f fi c er ; and
- no trees or hedgerows to be
da m a ged or removed.
Matter noted - acceptance of tender
THE STATES noted an Act of the Finance and Economics Committee dated 27th 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 Harbours and Airport Committee had accepted the lowest of four tenders, namely that submitted by Stansell QVC Limited, in the sum of £9,669,168 and a contract period of 60 weeks, for the construction of the new Departures Hall , Jersey
Airport. Matters lodged
The following matters were lodged au Greffe'' -
1 . Television subtitling and
bur saries in broadcast journalism - P .177/ 95.
P r es ented by the Broadcasting
C om mittee.
3 . Licensing Law: proposed am endm ents - P.178/95.
P r es ented by the Tourism C om mittee.
The following matters were lodged au Greffe'' on 28th November 1995 -
1 . Draft Public Service Vehicles
( F ee s) (Amendment No. 6) (Jersey) R egul ations 199 - P.172/95.
P r es ented by the Defence
C om mittee.
2 . Draft Island Planning (Amendment N o . 7 ) (Jersey) Law 199 - P.173/95. P r es ented by the Planning and
E nvi ronment Committee.
3 . Draft Parish Rate
( A dm inistration) (Amendment No. 6)
( Je r sey) Law 1995 (Appointed Day) Act 199 - P.174/95.
P r es ented by the Legislation
C om mittee.
4 . St. Helier Waterfront
D e vel opment (P.156/95): amendment - P .175/ 95.
P r es ented by the Connétable of
S t . H elier.
5 . Draft Pilotage (General
P r ovi sions) (Amendment No. 6) (Jersey) R egul ations 199 - P.176/95.
P r es ented by the Harbours and
A i r port Committee.
Yacht Marina, West of Albert Pier: business plan. P.160/95 (Revised) - withdrawn
THE STATES noted that Senator Nigel Lewis Quérée had withdrawn his proposition regarding a
business plan for the yacht marina, west of the Albert Pier (lodged au Greffe'' on 7th November 1995).
Arrangement of public business for the next meeting on 12th December 1995
THE STATES confirmed that the following subjects lodged au Greffe'' would be considered at the
next meeting on 12th December 1995 -
S t. Helier Waterfront Development - P .156/95.
L odged: 7th November 1995.
P olicy and Resources Committee.
S t. Helier Waterfront Development ( P.156/95): amendment - P.175/95. L odged: 28th November 1995.
C onnétable of St. Helier .
2 to 10 Halkett Place and 21 and 23
H ill Street, St. Helier :
r edevelopment - P.161/95.
L odged: 21st November 1995.
P lanning and Environment Committee.
T axis and cabs in Jersey: re-
o rganisation - P.154/95.
L odged: 7th November 1995. P ublic Services Committee.
S tates members: part reimbursement of C lass 2 social security contributions - P .168/95.
L odged: 21st November 1995.
H ouse Committee.
D raft Gambling (Amendment No. 4) ( Jersey) Law 199 - P.170/95.
L odged: 21st November 1995.
G ambling Control Committee.
C entrepoint II, Green Street,
S t. Helier: purchase of St. Helier Day N ursery - P.171/95.
L odged: 21st November 1995.
P lanning and Environment Committee.
D raft Public Service Vehicles (Fees)
( Amendment No. 6) (Jersey) Regulations 1 99 - P.172/95.
L odged: 28th November 1995.
D efence Committee.
D raft Parish Rate (Administration)
( Amendment No. 6) (Jersey) Law 1995 ( Appointed Day) Act 199 - P.174/95. L odged: 28th November 1995.
L egislation Committee.
D raft Pilotage (General Provisions)
( Amendment No. 6) (Jersey) Regulations 1 99 - P.176/95.
L odged: 28th November 1995.
H arbours and
A irport Committee.
Ann Street Brewery Company Limited - questions and answers (Tape No. 315)
Deputy Philip John Rondel of St. John asked Senator Pierre François Horsfall, President of the Finance and Economics Committee, the following questions -
1. Wo uld the President inform the S tat e s a s to the amount of shares in A nn S treet Brewery Company L im it e d that are owned by the
S tat e s of Jersey, or by funds
w hi ch ar e administered on behalf of t he S tates, and what percentage do t hes e holdings represent of the s h ar e capital of Ann Street
B r ew e ry Company Limited?
2 . Is the President able to confirm that
A n n S treet Brewery Company Limited has a s h areholding in Les Pas Holdings
L i m ited? If so, and given that the
S t a tes are in dispute with Les Pas
H o l dings Limited regarding ownership of t he f oreshore around St. Helier , does
t he P resident feel it right that the
S t a tes should continue to have
i nv estments in Ann Street Brewery
C om pany Limited?''
The President of the Finance and Economics Committee replied as follows -
1. T he States of Jersey owns 43,500
of t he R edeemable Convertible 2nd P ref e ren ce shares of £1 each. The
hol di ng r epresents 7.3 per cent of
that cl as s of authorised share
ca pi tal issued by the company.
T her e are other investments in the com pany's shares in the Treasurer of t he S tates' custody but these are held on be half of two charitable trusts and a cl osed pension fund and, while they m ay be h eld in the Treasurer's or
S t a tes' name, they are not and cannot be a dministered for the States' benefit but only for the benefit of the
r es pec tive beneficiaries.
2 . I understand that, at the Annual
G e ner al Meeting of the Ann Street
B r ew ery Company Limited, last July, the C hai rman and Managing Director, in
r ep ly to a question from a shareholder,
s ai d t hat the company owned 16,666
s har es in Les Pas Holdings Limited.
Wi t h regard to the second part of the D e put y's question, the Finance and
E conom ics Committee has indeed
di scus sed this very issue but the
m at ter is not, in all cases, as
s tr ai ghtforward as it may seem and the C om mittee has deferred a final
conc lusion for a report from its
of fi cers who have been discussing
m at ters with the Crown Officers
par ticularly in the cases where
i nv estments in the company have been w i l led to the Treasurer's custody in a
t rus t form.
T her e is also the aspect which
r ep resentatives of the electorate and
t he t rustees of any charitable fund
have to bear in mind regarding the
bene fit of the investments held for its bene ficiaries. There must be sound
f inanc ial reasons for trustees to
di spos e of shares, not merely political
vi ew s, and any disposal of the
com pany's shares must be in the
f inanc ial best interest of the
bene ficiaries. In this respect, it is
cons idered that the investment in the com pany is a satisfactory one. The
annua l dividend yield has proved to be cons istent and good; the dividend on
or di nary shares has, in fact, steadily
i nc r eased as has the capital of the
com pany and its reserves. The annual
yi el d on the Preference shares held by
t he S tates and the trusts is
ef fec tively 10 per cent. These aspects,
t og ether with legal advice, are some of
t he m ain factors which will have to be
w e i ghed by the Committee in coming to a deci sion in this matter.''
Budget 1996
THE STATES commenced consideration of the Budget for the financial year commencing 1st January
1996, which, in accordance with Article 16 of
the Public Finances (Administration) (Jersey)
Law 1967, as amended, had been presented to the Assembly on 14th November 1995, by the Finance and Economics Committee and comprised -
( i) the estimate of the revenue expenditure and o f the income of the Committees of t he S tates;
( ii) t he estimate of the transactions of t he cap ital fund;
( iii) the estimate of the transactions of t he t rading funds; and
( iv) t he report of the Finance and
E co nom ics Committee thereon.
THE STATES, having considered the estimates of the revenue expenditure and of the income of the various Committees, decided to allow the said estimates as detailed in the undermentioned
pages of the Budget as follows -
P olicy and Resources Committee - Page 2.
F inance and Economics Committee - Pages 2, 3 , 4, 5, 6, 7, 8, 9, 10 and 11.
D efence Committee - Pages 12, 13, 14 and 1 5.
P ublic Services Committee - Pages 16, 17, 18, 19, 20, 21, 22 and 23.
E ducation Committee - Pages 24, 25, 26, 27, 2 8, 29, 30 and 31.
H ealth and Social Services Committee - P ages 32, 33, 34 and 35.
A griculture and Fisheries Committee - Pages 3 6 and 37.
T ourism Committee - Pages 38 and 39.
E mployment and Social Security Committee - P ages 40 and 41.
P lanning and Environment Committee - Pages 4 2 and 43.
H ousing Committee - Pages 44 and 45.
E stablishment Committee - Pages 46 and 47. P rison Board - Pages 48 and 49.
S port, Leisure and Recreation Committee - P ages 48 and 49.
E tat Civil Committee - Pages 50 and 51.
C ottage Homes Committee - Pages 50 and 51.
G ambling Control Committee - Pages 50 and 5 1.
L egislation Committee - Page 50.
O verseas Aid Committee - Page 52.
B roadcasting Committee - Pages 52 and 53. I ndustrial Relations Committee - Page 52.
O ccupation and Liberation Committee - Page 5 2.
H ouse Committee - Page 54.
H arbours and Airport Committee - La
C ollette Reclamation Scheme - Pages 54 and 5 5.
S pecial Committee on Freedom of Information - Page 54.
T RADING COMMITTEES
H arbours and Airport Committee - Pages 56 a nd 57.
T elecommunications Board - Page 58.
C ommittee for Postal Administration - Page 5 9.
THE STATES, referring to the summary of income and revenue expenditure appearing on page 69 agreed the total revenue expenditure in the sum
of £392,274,300; the total income from Committees in the sum of £170,701,000; and having allowed for the total investment income
in the sum of £7,000,000 and the estimated transfer to trading funds of £5,343,900, agreed
the amount to be transferred to the general
reserve in the sum of £11,000,000.
THE STATES noted that on the basis of levels of taxation proposed by the Finance and Economics Committee the surplus on the revenue account to be transferred to the capital fund amounted to £32,138,500.
Having allowed for a balance of £21,064,900 to be brought forward at 1st January 1996, the transfer from the strategic reserve of £5,000,000, and taking into account the capital repayments and receipts of £22,438,000, the States noted that there would be available in the capital fund the sum of £80,641,400. The
States then proceeded to consider the estimates
of capital expenditure recommended by the
Finance and Economics Committee on pages 62 and 63 of the Budget and -
N ON-TRADING COMMITTEES
T he estimate of the capital expenditure of t he Finance and Economics Committee
a ppearing on page 62 of the Budget was a llowed.
T he estimate of the capital expenditure of
t he Defence Committee appearing on page 62
o f the Budget was allowed.
T he estimate of the capital expenditure of
t he Public Services Committee appearing on p age 62 of the Budget was allowed.
T he estimate of the capital expenditure of
t he Education Committee appearing on page 6 2 of the Budget was allowed.
T he estimate of the capital expenditure of t he Health and Social Services Committee a ppearing on page 62 of the Budget was
a llowed.
T he estimate of the capital expenditure of t he Establishment Committee appearing on p age 62 of the Budget was allowed.
T he estimate of the capital expenditure of t he Planning and Environment Committee a ppearing on page 62 of the Budget was
a llowed.
T he estimate of the capital expenditure of
the Housing Committee appearing on page 63
o f the Budget was allowed.
T he estimate of the capital expenditure of
t he Sport, Leisure and Recreation Committee a ppearing on page 63 of the Budget was
a llowed.
T RADING COMMITTEES
T he estimate of the capital expenditure of t he Harbours and Airport Committee
a ppearing on page 63 of the Budget was a llowed.
T HE STATES having terminated the discussion
o n the capital estimates noted that the
a mount to be voted from the capital fund w as £44,702,000 (with a transfer to the c apital fund from the strategic reserve of
£ 10,000,000)
T HE STATES then proceeded to consider the e stimates of capital expenditure to be
f inanced from the trading funds on page 64
o f the Budget and -
T he estimate of the capital expenditure of t he Harbours and Airport Committee
a ppearing on page 64 of the Budget was a llowed.
T he estimate of the capital expenditure of
t he Telecommunications Board on page 64 was a llowed.
T he estimate of the capital expenditure of t he Committee for Postal Administration a ppearing on page 64 of the Budget was a llowed.
THE STATES, having noted the estimated transactions of the trading funds, decided to allow the said estimates as detailed in the undermentioned pages of the Budget as follows -
T RADING FUNDS H arbours - Page 60 A irport - Page 60
T elecommunications Board - Page 61
C ommittee for Postal Administration - Page 6 1.
THE STATES considered the estimates of income to be produced from taxation appearing on page 67
of the Budget and agreed the estimate as
follows -
£ £
I mpôts on spirits 4 ,272,000
I mpôts on wines 3,020, 000 I mpôts on beer 1,91 5,000
I mpôts on tobacco 8 ,403,000 I mpôts on motor fuel 5,345,000
G oods imported into
t he Island 5 00,000 23,455,000
I ncome tax 22 5,300,00 0
THE STATES adopted in second reading a Bill to continue certain expiring fiscal Laws; to prescribe the standard rate of income tax for
the year nineteen hundred and ninety-six; to amend further the law relating to income tax to increase certain personal allowances and
reliefs, and with regard to the delivery of
certain statements and returns to the
Comptroller, the deduction of tax from certain payments not made out of profits or gains
already taxed, the taxation of certain payments
to foster parents and the exemption from tax for certain friendly societies, and in respect of annuity contracts; and to amend the laws
relating to beer duty; and to increase tobacco duty and oils and spirits duty.
The said Bill was lodged au Greffe''.
THE STATES, in pursuance of Article 25 of the Public Finances (Administration) (Jersey) Law 1967, as amended, have declared that the Bill to continue certain expiring fiscal Laws; to amend further the law relating to income tax to increase certain personal allowances and
reliefs, and with regard to the delivery of certain statements and returns to the Comptroller, the deduction of tax from certain payments not made out of profits or gains already taxed, the taxation of certain payments to foster parents and the exemption from tax for certain friendly societies, and in respect of annuity contracts; and to amend the laws relating to beer duty; and to increase tobacco duty and oils and spirits duty (which Bill has this day been lodged au Greffe''), shall immediately have effect as if it were a Law passed by the States and sanctioned by Her Majesty in Council.
THE STATES having terminated the discussion on the Budget agreed the summary of the estimated income and revenue expenditure for 1996 appearing on page 69 of the Budget as follows -
INCOME
£ £
Taxation 248,755,0 00 Committees 170 ,701,000
Investment Income 7,000,0 00
426,45 6,000 LESS
Revenue expenditure 392,274,300
Estimated transfer
t o trading funds 5,3 43,900 397,618,200 28,83 7,800
ADD
Estimated surplus
b rought forward at
1 st January 1996 14 ,300,70 0
43,13 8,500
APPROPRIATION TO RESERVES
General reserve 11,0 00,000 Balance to be
t ransferred to
c apital fund 32,138, 500
THE STATES further agreed the estimated transactions of the capital fund for 1996 as follows -
Estimated balance brought forward
1 st January 1996 21 ,064,90 0
Transfer from strategic reserve 5,000 ,000
Capital repayments and receipts 22,438,000
Estimated balance on revenue
acco unt 32 ,138,500 (as above) 80,641 ,400
Capital expenditure 44 ,702,000
Less: Transfer from strategic
res erve 10,00 0,000
34,7 02,000
PLUS: Loan sanction repayments 10,700,000 45,402 ,000
Estimated balance in hand at
31s t December 1996 £ 35,23 9,4 00
Health and Safety Appeal Tribunal: appointment of members
THE STATES, adopting a proposition of the Employment and Social Security Committee, appointed the undermentioned as members of the Health and Safety Appeal Tribunal, in pursuance of Article 17 of the Health and Safety at Work (Jersey) Law 1989 and the Health and Safety at Work (Appeal Tribunal) (Jersey) Regulations 1989, for a period of three years commencing 1st January 1996 -
A dvocate Geoffrey Le Vesconte
F iott, Chairman
A dvocate Charles Malcolm Belford Thacker, D eputy Chairman
M r. David Le Marquand
M r. John William Gollop.
Boats and Surf-Riding (Control) (Amendment No. 12) (Jersey) Regulations 1995 - P.162/95
THE STATES, in exercise of the powers conferred on them by Article 4 of the Harbours (Administration) (Jersey) Law 1961, as amended, made Regulations entitled the Boats and Surf- Riding (Control) (Amendment No. 12) (Jersey) Regulations 1995.
Harbours (Amendment No. 24) (Jersey) Regulations 1995 - P.163/95
THE STATES, in pursuance of Article 4 of the Harbours (Administration) (Jersey) Law
1961, as amended, made Regulations entitled the Harbours (Amendment No. 24) (Jersey) Regulations 1995.
Draft Amendment (No. 18) to the Tariff of Harbour and Light Dues - P.164/95
THE STATES, in pursuance of Article 6 of the Harbour and Light Dues (Jersey) Law 1947, as amended, approved the draft Amendment (No. 18) to the Tariff of Harbour and Light Dues.
Plat Douet School, St. Saviour - extension and refurbishment: approval of drawings - P.165/95
THE STATES, adopting a proposition of the Education Committee -
( a) approved drawings Nos. 2945/RS17,
2945/ WD12 to 15, 2945/WD18 and 19,
2945/ WD21 and 22 and 2945/WD24 showing t he pr oposed alterations and extensions
t o P lat Douet School, St. Saviour ; and
( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t he S tates.
La Collette Yacht Basin, St. Helier - reconstruction of showers and toilets: approval
of drawings - P.166/95
THE STATES, adopting a proposition of the Harbours and Airport Committee -
( a) approved drawings Nos. 2960/01, 2960/02 and 2 960/03 showing the proposed
r ec ons truction of showers and toilets
at L a Collette Yacht Basin, St. Helier ;
( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t he S tates.
Elizabeth Harbour Terminal extensions: approval of drawings - P.167/95
THE STATES, adopting a proposition of the Harbours and Airport Committee -
( a) approved drawings Nos. 2848/207,
2848/ 208, 2848/209 and 2848/210 showing t he pr oposed alterations and extensions
t o t he Elizabeth Harbour terminal;
( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t he S tates.
Family Allowances (Jersey) Regulations 1995 - P.169/95
THE STATES, in pursuance of Article 7 of the Family Allowances (Jersey) Law 1972, as amended, made Regulations entitled the Family Allowances (Jersey) Regulations 1995.
THE STATES rose at 5.20 p.m.
G .H .C . C O P P O C K G r ef fi e r of the States.