States Minutes 10th December 1996

STATES MINUTES 10t h D ecem ber 1996 P ri c e : £ 2.25

T HE STATES assembled on Tuesday, 10th December 1996 at 9.30 a.m. under t he Presidency of the Bailiff ,

S ir P hi lip Bailhache

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His Excellency the Lieutenant Governor,

 General Sir Michael Wilkes, K.C.B., C.B.E, w as pr e sent.

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All members were present with the exception of -

S enator Stuart Syvret - suspended

H enry George Coutanche, Deputy of St.

L awrence - out of the Island

D erek Ryder Maltwood, Deputy of St. Mary - i ll

G ary Matthews, Deputy of St. Brelade - ill.

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P r aye rs

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Subordinate legislation tabled

The following enactment was laid before the States, namely -

M otor Vehicles (Construction and

U se) (Amendment No. 36) (Jersey) Order 1 996. R & O 9028

Matters presented

The following matters were presented to the States -

1 . Trade and Industry Sub-

C om mittee: report on trading prospects

and d iversification - R.C.37/96.

P r es ented by the Finance and

E conom ics Committee.

T H E STATES ordered that the said report

be pr inted and distributed.

2 . International Conventions and

A g r eements: progress report for the

per iod ended 30th September

1996 - R.C.38/96.

P r es ented by the Policy and

R es ources Committee.

T H E STATES ordered that the said report be pr inted and distributed.

3 . Property Management Office: Five year review 1992-1996.

P r es ented by the Planning and

E nvi ronment Committee.

4 . Draft Transfer of Functions

( Indus trial Relations Committee) ( Je r sey) Act 199 - comments.

P r es ented by the Establishment

C om mittee.

5 . Broadcasting House, St. Helier : l eas e of office accommodation - com ments.

P r es ented by the Finance and

E conom ics Committee.

Matters lodged

The following matters were lodged au Greffe'' -

1 . Draft Boats and Surf-Riding

( C ont rol) (Amendment No. 15) (Jersey) R egul ations 199 - P.231/96.

P r es ented by the Harbours and

A i r port Committee.

2 . Draft Telecommunications

( A m endment No. 2) (Jersey) Law 199 - P .232/ 96.

P r es ented by

t he T elecommunications Board.

3 . Draft Radio Equipment (Jersey) L aw 199 - P.233/96.

P r es ented by

t he T elecommunications Board.

4 . Property Management Office: chan ge of name - P.234/96.

P r es ented by the Planning and E nvi ronment Committee.

5 . Draft Prison (Amendment No. 4) ( Je r sey) Law 199 - P.235/96.

P r es ented by the Prison Board. 6 . Draft Criminal Justice (Jersey) L aw 199 - P.236/96.

P r es ented by the Prison Board.

7 . Draft Criminal Justice

( C om pensation Orders) (Amendment) ( Je r sey) Law 199 - P.237/96.

P r es ented by the Prison

B oar d.

8 . Jubilee Sailing Trust (Jersey B r anc h): grant for sail training s hi p - P.239/96.

P r es ented by the Finance and E conom ics Committee.

Arrangement of public business for the present meeting

Bellozanne Valley, St. Helier : policy for purchase of properties - P.224/96. Deferred.

THE STATES acceded to the request of the President of the Planning and Environment Committee that consideration of the proposition regarding the purchase of properties in Bellozanne Valley, St. Helier (lodged au

Greffe' on 19th November 1996) be deferred from the present meeting.

The President of the Prison Board withdrew the following projets, having lodged revised Bills at the present meeting (P.235/96, P.236/96 and P.237/96) -

D raft Prison (Amendment No. 4) (Jersey) Law 1 99 . P.159/96.

L odged : 8th October 1996.

P rison Board.

D raft Criminal Justice (Amendment No. 2) ( Jersey) Law 199 . P.160/96.

L odged : 8th October 1996.

P rison Board.

Culling of gulls: petition and proposition. P.238/96

Senator Nigel Lewis Quérée presented to the States a petition to support a public campaign to reduce the number of gulls in the town area and that, only after due consideration of the impact of that campaign should the States consider the culling of gulls.

The States referred the said petition to the Agriculture and Fisheries Committee and lodged au Greffe'' a proposition of Senator

Quérée to the effect that the prayer of the petition be granted.

Access to rating information by The Jersey New Waterworks Company Limited - questions and answers (Tape No. 374)

Deputy Philip Rondel of St. John asked the Connétable of St. Clement the following questions -

On 19th November 1996 the Connétable

s tated that rateable values are used for

o ther purposes and an example was given of

t he Jersey New Waterworks Company using t his information to assess water rates.

1 . Would the Connétable advise members w h et her the Company has access to

par ish records to assist the Company in f ixi ng water rates?

2 . If the answer is yes', would the

C onnét able advise members whether these r ec or ds are openly available in every

par ish and, if so, for how long these

r ec or ds have been available and who is

ent i tled to access to the records?''

The Connétable of St. Clement replied as follows -

1. A rticle 12 of the Parish Rate

(A dm i nistration) (Jersey) Law,

194 6, as amended, requires the

pr epar ation of a list (referred to

as t he dr aft list) showing the

na m e s of the owners and the

oc cupi ers of all land within the

pa r i sh or district, the

de s i g nat ion of the land, the

rent al v alue thereof and the

rat e abl e value thereof as assessed an d com puted in accordance with the pr ovi sions of that Article.

A r ti c le 13 of the Law specifies

the av ai lability for inspection of the dr af t list and that notice of

su ch s h all be given to the owners an d t he occupiers of all land

sp eci fi ed in the said list.

A r t icle 21 of the Law requires the

C ons table to print a summary of the r at e l ist. Article 27 of the Law states t ha t any ratepayer (being a ratepayer i n t he parish to which the rate list

r el at es) may at all reasonable times, w i t hout payment, inspect and take copi es of and extracts from any rate

l is t pr ovided that the Article shall

not apply in the case of any rate list m o re than three years old. The term

r at epa yer in Article 27 includes an occu pier who pays a rent inclusive of r at es and also includes any person aut hor ised by a ratepayer to act on his beha lf under this Article.

A s t he Jersey New Waterworks Company L i m ited is a ratepayer in all twelve

par ishes of Jersey it follows that the

C om pany is entitled to access to both

t he dr aft lists and printed lists of

eac h parish. I understand that the

C om pany has used these records to

as si st in fixing water rates but I am

unabl e to answer any other queries with

r eg ard to the Company's practice in

t hi s area.

2 . The answer to the first question is

ye s ' as the Jersey New Waterworks

C om pany Limited is a ratepayer in every par ish and therefore, by Law, is

ent i tled to inspect both the draft rate

l is t and t he printed rate list. The

dr a ft list is available for inspection,

w i t hout payment, for a period of not

l es s than two hours on each of seven

cons ecutive days (Saturday and Sunday excl uded). The rate list may be

i ns pect ed by any ratepayer (being a

r at epa yer in the parish to which the

r at e l ist relates including an occupier

w h o pays a rent inclusive of rates and

al s o an y person authorised by a

r at epa yer to act on his behalf under

A r t icle 27) at all reasonable times

pr ov ided that the rate list is not more

t ha n t hree years old.

H o w ever, the rate list is regarded as a publ ic document and is, in practice, avai lable for inspection by any member of t he public at the Parish Hall s.

I nde ed, the Public Library keeps copies of r ate lists for all parishes within

t he R eference Library and these are open to inspection at any time. The

r ec or ds in the Reference Library date back to the last century.''

Audit Commission - statement

The President of the Finance and Economics Committee made a statement in the following terms -

On 15th March 1994, the States appointed J urat Peter Blampied O.B.E., as Chairman of t he Audit Commission for a period of three

y ears. Last week my Committee received

n otification of Jurat Blampied's wish to

r etire from the post on 18th December 1996.

W hen Jurat Blampied was asked to allow his n ame to be put forward as Chairman of the A udit commission in 1994 he indicated, at

t he time, that he only felt able to serve

f or two years before he retired. We are

i ndeed fortunate that he has continued to

s erve for nearly the full three year term.

J urat Blampied did not face an easy task

i n 1994. Whilst the appointment of the

A udit Commission received the support of

t he States members, it had to be made to

w ork. His first task was to find six

i ndependent members to work with him on the C ommission, and it is testimony to his

p owers of persuasion that the first six

p eople he approached agreed to be

a ppointed. I feel sure that Jurat Blampied

w ould wish me to express our thanks to the

C ommission members for the help and support t hey have given to him.

T he Commission was given the responsibility t o develop a programme of value for money r eviews. Jurat Blampied recognised that the

a gencies already engaged in this work

n eeded his support and co-ordination. As a

r esult of his quiet diplomacy we now have

e stablished a forum where the Chairman of

t he Audit Commission regularly meets with n ine Chairmen of the Audit Committees, and f or the first time in 1997 a fully co-

o rdinated, wide-ranging programme of value f or money reviews will be carried out, the

r esults of which my Committee awaits with

i nterest.

J urat Blampied has given the Commission, t hrough his hard work, thoroughness and

c ommitment, the impetus to succeed as the m ajor independent review agency of the

S tates. Six major reports have already been p roduced by the Commission, and Jurat

B lampied's guiding hand may be detected in t hem all.

M y Committee and I wish to take this

o pportunity to acknowledge Jurat Blampied's c ontribution, so freely given, and the

d edication he has shown in his rôle as

A udit Commission Chairman. I feel sure that S tates members would also wish to add their t hanks.

F inally, in accordance with the terms of reference agreed by the States, the members of

the Committee has appointed Mr. John Averty to

sit as Chairman for the remaining term of

office. My Committee is delighted that Mr.

Averty has agreed to take on the Chairmanship

and extends its best wishes to him. The

Committee will return to the States in March

next year with a report and proposition for the appointment of the Audit Commission Chairman for a further term of three years.''

Discussions with the Home Office on nuclear matters - statement

The President of the Policy and Resources Committee made a statement in the following terms -

Following a meeting held at the Home

O ffice on Friday, 5th January 1996, at the

r equest of the Insular Authorities, I made

a statement to the House in which I

r eferred to a number of areas where further i nformation was required and further action n eeded to be taken, and I told members that I would keep the House informed of further p rogress on these matters. The Insular

A uthorities have obtained answers to many

o f the points raised at the meeting on 5th

J anuary and at a meeting held at the Home O ffice on Friday 29th November 1996 the

o pportunity was taken to discuss certain

o utstanding issues with the relevant

o fficials of Her Majesty's Government.

T he Jersey delegation attending the

m eeting, which was also attended by

r epresentatives of Guernsey, Sark, Alderney a nd the Isle of Man, was comprised of

m yself, Senator Horsfall, Senator Quérée

a nd Senator Rothwell, the Environmental

A dviser, the Chief Adviser and the Greffier

o f the States.

T he issues addressed at the meeting i ncluded -

1 . Monitoring

T he I nsular Authorities' investigations s ince the meeting on 5th January have

i nd icated that containers still lie on

t he s ea bed at the Hurd Deep. The

r ad iological risk is considered to be

ver y low even if containers that are

s ti ll intact should eventually release

t he i r contents. However, in the light

of t he evidence obtained by the Insular

A u t horities through their inspection of

r ec or ds held at the offices of the

U n i ted Kingdom Atomic Energy Authority at H arwell, and also at the Public

R ecor ds Office, it is considered by the

I ns ul ar Authorities that increased

m o nitoring of the area should take

pl ace.

T he r epresentatives of the Ministry of

A griculture and Fisheries who attended the m eeting agreed to undertake further

a nalysis of the information to ascertain

t he radiological content of the concrete

c ontainers, and to ascertain the extent to

w hich more monitoring on a regular basis t han that presently carried out would be

j ustified.

T her e was also agreement that action

s houl d be taken to establish actual, as oppos ed to theoretical, critical

pat hw ays through radiological

m o nitoring to be undertaken in the

I sl and s. Officials of the Ministry of

A g r iculture and Fisheries informed the I ns ul ar Authorities that they were

pr e sently considering the possible

i nc l usion of such monitoring in their 1997 p rogramme, and in response to the vi ew s of the Insular Authorities that

m o nitoring in the Islands should have a hi g h priority, agreed to let the

I ns ul ar Authorities know of their

deci sion on when to undertake the

C hanne l Islands survey by the end of

J anu ary 1997. The work would be under taken on a shared cost basis.

2 . Sea transport

T he I nsular Authorities discussed with

officials of the Department of Transport,

t he Department of Trade and Industry and B r i tish Nuclear Fuels Limited the

t rans port of nuclear materials to and

f rom the Cherbourg Peninsula. It was

agr eed that the Islands should have the

s am e advance information in confidence about the route and date of departure

of t he ships carrying nuclear materials

as i t is planned should be given to

count ries along the route that the

s hi ps will take between France and

J apa n.

3 . Future developments on the Cotentin P eninsula

T he I nsular Authorities have been

i nf or med that the following works are t o b e carried out at Cap de la Hague -

( i) enlargement of a compacting plant w hi ch co mpresses drums of low

level r adioactive waste;

( ii ) m odernisation of primary

se par at ion equipment. The present

eq ui pm ent in use at La Hague is

ab out 2 5 years old and COGEMA are looki ng t o up-date it.

N e i ther of these works involve any

e xpansion of the nuclear processing plant i tself nor will result in an increase in

out put. Earlier this year the French

A u t horities assured Her Majesty's

G o ver nment that there were no plans to expa nd the nuclear power station on the C ot entin peninsula.

4 . Compensation claims

T he I nsular Authorities discussed with

of fi cials of the Department of Trade

and I ndustry and of the Foreign and

C om monwealth Office what steps could be t aken t o improve the position of the

I sl and s if in the future it should be

nece ssary to claim compensation from

t he F rench Authorities for the direct

and i ndirect effects of any nuclear

i nc i dent on the Cotentin Peninsula. It

w a s agreed that the Department of Trade and I ndustry and the Foreign and

C om monwealth Office would join together i n a pproaching the French Authorities

t o s ee whether, given the special

ci r cum stances of the Island, they would acc ept in principle that the limits of

com pensation provided for under the

I nt er national Conventions on nuclear

l iabi lity, to which the United Kingdom and F rance are a party, could be

augm ented by direct assistance.

T he Policy and Resources Committee will p resent a full report to the States, on

t hese and related matters, in the new

y ear.''

Minimum wage proposals and other work of the Industrial Relations Committee - statement The President of the Industrial Relations Committee made a statement in the following terms -

Members will recall that Deputy Dorey, on

T uesday 19th November 1996, lodged au

G reffe' the Minimum Wage (P.154/96):

A mendments, in what my Committee can only d escribe as yet another delaying tactic

c alculated to prevent this issue from being

d ebated openly in the States. It saddens me

t o have to inform the House that, given the

h istory attached to the attempts to bring a

m eaningful report and proposition to the

S tates on the introduction of a minimum

w age, my Committee did not consider it

s atisfactory to debate this matter at the

f inal meeting of this Assembly as presently

c onstituted.

I believe that I should explain to the

A ssembly why my Committee has taken this d ecision. The present Committee took office

i n December, 1993, in the full knowledge

t hat the previous Committee had done very

l ittle to promote good industrial relations

i n the Island, either from the point of

v iew of employers or employees. I knew that

o ur work would sometimes have to be

c ontroversial and that this would deter

s ome members from sitting on the Committee. N evertheless I put together a good

C ommittee, including Deputy Breckon as Vice P resident, Senator Shenton, Connétable Amy, C onnétable Le Feuvre, Deputy Nicholls and

D eputy Wavell. Connétable Le Feuvre and

D eputy Wavell subsequently left the

C ommittee because of pressure of work on

o ther Committees but also, I believe,

b ecause of the frustration we all felt as a

r esult of the lack of manpower resources

m ade available to us. I was unable to find

s uitable replacements.

D uring the course of 1994, the Committee

s ought the support of the Establishment and F inance and Economics Committees for

a dditional manpower and the associated

f inance to assist in the preparation of its

S trategic Plan and to advise on policy

m atters. The Committee decided in January, 1 995, to lodge a report and proposition

c oncerning an additional officer. The

E stablishment Committee, on 16th February, 1 995, decided not to support this proposal

a nd recommended the Committee to follow a greed procedures and to register a request

f or assessment against other additional

e xpenditure requests for 1996. On 20th

F ebruary, 1995 the Finance and Economics

C ommittee decided not to support the

p roposal until the Committee had resolved

t he appointment difficulties with the

E stablishment Committee. Eventually, on

2 3rd May, 1995, the Establishment Committee a uthorised the secondment of an officer to

t he Committee for three months from 3rd

J uly, about half way through our term of

o ffice. This officer was followed by

a nother seconded officer from October 1995

u ntil the end of January 1996. The third

s econded officer started on 1st March and

h as been able to stay with the Committee

s ince then.

T he Committee has been grateful for the

c alibre of officer provided on secondment

a nd the commitment that they have

d emonstrated in difficult circumstances.

M embers should be aware of the complex and sensitive nature of the work undertaken by

t he Committee and will readily understand

t hat each of the three officers needed time

t o become familiar with the detail of the

w ork already in hand and also to take on

b oard the growing demand for additional

w ork on employment protection matters. I

t ake this opportunity to thank them on

b ehalf of the Committee.

I must also thank the members of the

I ndustrial Relations Committee Consultative G roup, representing the Chamber of

C ommerce, the Institute of Directors, the

S mall Business Association, the Transport

a nd General Workers Union, the Institute of P ersonnel and Development and the Citizens A dvice Bureau whose hard work and

d edication have been tremendously

e ncouraging and supportive, particularly in

t he field of employment protection. Members

o f the Consultative Group have expressed

p ublicly their appreciation of the

C ommittee's constructive and innovative

a pproach towards consultation.

A notable success of this partnership

b etween the States and the private sector

h as been the Employers Survey. A

q uestionnaire was sent to all Jersey

e mployers and the results, which were

a nalysed by the seconded officer, were

p resented to the Committee through a

W orking Group of the Consultative Group, c haired by Mr. Brian Le Marquand, to whom w e are particularly indebted. This survey

p rovided even more information than the

C ommittee had hoped for and demonstrated v ery clearly indeed that a great deal of

w ork needed to be done.

I t is to the credit of the Committee, the

C onsultative Group and the seconded

o fficers that an amendment of the Terms of E mployment (Jersey) Regulations is on the O rder Paper for this meeting and also that

t hree further amendments to individual

p ieces of legislation have been included in

t he Legislation Programme for 1997. In

a chieving this, the Committee has fulfilled

t he majority of obligations placed upon it

f ollowing approval of the 1995 Strategic

P olicy Review. An excellent start has also b een made on essential employment

p rotection issues including unfair

d ismissal, maternity rights and equal pay

f or equal work. However, there are two

a reas where the Committee feels completely l et down by other Committees.

T he first is in the area of equal

o pportunities. The States confirmed on 12th A pril 1994, that the Committee should be

g iven responsibility for the promotion of

e qual opportunities for all persons in all

a reas of Jersey economic life but, as I

h ave said earlier, the Committee had no

m anpower resource at this time to undertake t he work. Despite this, the Equal

O pportunities Ten Point Plan has been

d istributed widely, as has the Guide to

M aternity Entitlement and the information

o n dealing with sexual harassment in the

w orkplace. However, the Committee found i tself in a dilemma in that it had a

p artial brief concerning equal

o pportunities and limited resources.

N evertheless, the Committee decided to ask t he States to extend its terms of reference

b ut first agreed to seek the views of the

P olicy and Resources Committee. That

C ommittee, in January 1996, simply did not w ant to support this proposal because of

t he impending review of the Committee

s tructure. The Committee therefore tried

a nother way of getting something done. It

d rafted a proposition asking the States to

n ominate a Committee or other body to have m ain responsibility for equal opportunities

b ut the Policy and Resources Committee,

o nce again, decided that it would look at

t his when reviewing the Committee

s tructure. Members will recall that it was

t he declared intention for the Policy and

R esources Committee to produce this review b y June 1996.

I n the event, the review was not produced u ntil September and Policy and Resources d ecided, wrongly in my Committee's opinion, t o allocate equal opportunities to the

p roposed new Civil Affairs Committee, which d oes not yet exist and which has no

r esources allocated to it for this purpose.

I t is therefore difficult to see how

a nything tangible will be achieved in this

a rea within a reasonable timescale.

T his brings me to the issue of a minimum

w age. The previous Industrial Relations

C ommittee was asked early in 1993 to report

o n Senator Shenton's report and proposition

o n this matter. It did nothing. On the

o ther hand, the Finance and Economics

C ommittee presented their comments towards t he end of 1993 in a weak and inconclusive

r eport in which the verdict'' at the end

o f nineteen pages of text is contained in

t he statement - the conclusion to be

d rawn from this report is that the case for

a statutory minimum wage is not proven''.

H aving examined that report in detail, I

h ave to say that this finding is based on

c onsultation with ten bodies, of which

s even were employers representatives. The

o ther three were the Citizens Advice

B ureau, the Transport and General Workers U nion and the Jersey Trades Council.

P erhaps not surprisingly, the last three of

t hese supported the introduction of a

m inimum wage. Of the seven employers

r epresentatives, five were against the

p rinciple whilst the Jersey Electrical

C ontractors Association had little

d ifficulty generally with the proposal''

a nd the Hotel and Guest House Association

a ctually agreed with the concept of a

m inimum wage but felt that £3.50 an hour

w as excessive in view of its minimum

n egotiated wage at the time of £2.62 an

h our.

G iven the fact that the views of these

o rganisations were well known, and had

i ndeed been published, and in the light of

t he subsequent full involvement of the

C ommittee's Consultative Group, I am sure

t hat Members will now understand why my

C ommittee has felt that it was in a strong

p osition to bring a proposition to the

S tates for the introduction of a statutory

m inimum wage. It is for this reason that my

C ommittee has taken issue with the Policy

a nd Resources Committee and the Finance and E conomics Committee in particular when they h ave pronounced that there has been

i nsufficient consultation.

I must set the record straight as far as

t wo particular organisations are concerned;

n amely, the Jersey Farmers Union and the

J ersey Hotel and Guest House Association.

D espite allegations to the contrary, my

C ommittee met representatives of both of

t hese organisations on the afternoon of

1 1th January, 1996. Their views had not

c hanged a great deal since the Finance and

E conomics Committee had consulted them,

e xcept that the Hotel and Guest House

A ssociation now no longer even agreed the

p rinciple. Their position was therefore

c lear and further consultation in the

a bsence of States agreement to the

p rinciple concerned would have been

p ointless. We have consulted widely. It is

a pparent that other Committees who have

c ommented adversely on our proposition have n ot themselves even tried to establish the

n eed for a minimum wage.

W hilst it would be naive in the extreme to

e xpect the employers organisations named

a bove to welcome a minimum wage in Jersey, w e know that certain individuals who

r epresent the vast majority of good

e mployers agree to the principle on a

p ersonal basis and, indeed, they actually

o ffer attractive rates of pay as a matter

o f good business practice and to secure

g ood quality staff.

T he Employment and Social Security

D epartment, in February this year, produced e vidence from their own records which the

I ndustrial Relations Committee interprets

a s showing that 12,408 jobs were paid at a

r ate equivalent to less than £3.46 an hour.

O f these, 5,612 jobs (45 per cent) were

f ull time. The Employment and Social

S ecurity Committee referred to these

f igures in its comments on the report and

p roposition published just prior to the

i ntended debate on 19th November. That

C ommittee restricted its conclusion to a

r eport that there is insufficient

i nformation available to reasonably assess

t he impact of the Industrial Relations

C ommittees minimum wage proposals on the C ommittees area of responsibility.'' The

C ommittee also stated that it believed it

w ould be reasonable for the States to set

s ome minimum wage or total remuneration

t argets........''.

N ot one States Committee has openly given

i ts support to the principle of a minimum

w age. Neither has any Committee openly

o pposed it. The closest thing to support

h as been the Policy and Resources Committee

a greeing the principle of a fair day's pay

f or a fair day's work and the Employment

a nd Social Security Committee stating that

i t fully respects the social objectives

b ehind the proposition and believes that

a ll good employers see the benefits of not

o nly paying staff fairly for their work but

a lso providing good working conditions and t reating staff well in all respects.

H owever, despite efforts on behalf of my

C ommittee to clarify the stance of the

P olicy and Resources Committee, it has

s teadfastly stopped short of supporting the

i ntroduction of a minimum wage and has not d efined what it means by a fair day's pay

f or a fair day's work.

I wrote to the President of the Policy and

R esources Committee on 21st November to e xpress my Committee's frustration and to a sk for a categorical statement about its

p osition with regard to my Committee's

p roposition on the principle of the

i ntroduction of a minimum wage. There has b een no reply as at today, 10th December

1 996.

I should emphasise that the introduction of a minimum wage is only one of a number of i ssues on which my Committee has been

w orking. Public opinion has shown clearly t hat the people of Jersey recognise the

u rgent need for employment protection

m easures. Our own Consultative Group is

f ully behind the Committee on issues such a s unfair dismissal and members of that

G roup share the frustration at delays that

h ave been caused by factors beyond the

c ontrol of the Committee. Members of the G roup have stated clearly their earnest

h ope that the consultative process will be

m aintained in the future.

T he Industrial Relations Committee has

c onsistently made it clear to all concerned

t hat it has supported the principle of the

t ransfer of its functions to the Employment

a nd Social Security Committee, but this

s upport has been on the strict

u nderstanding that the momentum behind the w ork that it has started will be

m aintained, and hopefully enhanced.

H owever, the Committee and the Consultative G roup have become alarmed at the lack of

c ommitment shown at political level by the

P olicy and Resources and Employment and

S ocial Security Committees. Furthermore,

t he Policy and Resources Committee has

d ecided that it is unable to provide the

r equested assurances about the future p rioritisation of the Industrial Relations C ommittee's work if this is transferred to t he Employment and Social Security

C ommittee.

N o attempt has been made by the Policy and R esources Committee to provide the States w ith the comprehensive information required a s a result of Deputy Duhamel's successful

a mendment (P.134/96) to its report and

p roposition (P.107/96) on the

r eorganisation of Committees of the States. N or has there been any proper consultation. F or these reasons, therefore, the

I ndustrial Relations Committee has decided t hat it is not able to support the transfer

o f functions at present. It fully supports

t he principle that more could be achieved

i f its responsibilities were to be

i ncorporated within a larger framework but

r emains to be convinced that there is

c urrently sufficient evidence to proceed.

I t would therefore expect the Task Force to

i nclude this matter within its programme of w ork.

F inally, to put my Committee's approach

t owards its programme of work into true

p erspective, and to rebut the allegations

m ade by various Committees and Members a bout lack of research and detailed thought i t has given to the minimum wage issue, I w ill quote from paragraph 6 of the Policy

a nd Resources Committee's report on the

r eorganisation of Committees of the States ( P.107/96), which accurately reflects my

C ommittee's stance -

T he Committee in putting forward the f ol l owing proposals is seeking the in

pr inci ple approval of the States. The

C om mittee recognises that there will be a num ber of questions in States

m em bers' minds on detailed aspects of t he cha nges the Committee has put

f or w ard. The Committee is of the view, how ever, that the right course of

act i on is to determine first whether

t he pr oposals are acceptable in

pr inci ple and then to tackle the detail

of t he working arrangements, the

s uppo rting administrative structure

r eq uired, etc. To tackle the detail

bef ore seeking States approval in

pr inci ple would in the view of the

C om mittee involve politicians and

of fi cers in considerable work on the

det ai l of proposals that the States at

t he end o f the day might not accept.' T his is precisely what the Industrial R elations Committee has tried to do.''

Channel House, Green Street, St. Helier : lease of second floor - P.240/96

THE STATES commenced consideration of a proposition of the Telecommunications Board regarding the lease of second floor space and car parking spaces at Channel House, Green Street, St. Helier . After discussion, and on the proposition of Deputy Philip John Rondel of St. John , the proposition was lodged au Greffe''.

Occupation and Liberation Committee: disbandment

THE STATES, adopting a proposition of the Policy and Resources Committee, rescinded their Act dated 28th June 1988 constituting the Occupation and Liberation Committee.

Draft Transfer of Functions (Industrial Relations Committee) (Jersey) Act 1996 - P.241/96

THE STATES commenced consideration of the draft Transfer of Functions (Industrial Relations Committee) (Jersey) Act 1996. After discussion,

and on the proposition of Senator Corrie Stein,

the proposition was lodged au Greffe''.

Draft Amendment (No. 18) of the Standing Orders of the States of Jersey P.242/96

THE STATES commenced consideration of the draft Amendment (No. 18) of the Standing Orders of the States of Jersey. After discussion, and on the proposition of Senator Richard Joseph Shenton,

the proposition was lodged au Greffe''.

Draft Amendment (No. 19) of the Standing Orders of the States of Jersey - P.243/96

THE STATES commenced consideration of the draft Amendment (No. 19) of the Standing Orders of the States of Jersey. After discussion, and on the proposition of Senator Richard Joseph Shenton,

the proposition was lodged au Greffe''.

Health and Safety at Work (Amendment No. 2) (Jersey) Law 199 - P.173/96

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Health and Safety at Work (Amendment No. 2) (Jersey) Law 199 .

Terms of Employment (Amendment) (Jersey) Regulations 1996 - P.209/96

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 Terms of Employment (Amendment) (Jersey) Regulations 1996.

30 and 32 Seaton Place, St. Helier : purchase - P.210/96

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

( a) authorised the purchase, on behalf of

t he publ ic, from Miss Mary Fitzsimons,

of t he property known as No. 30 Seaton

P l a ce, St. Helier , for the sum of

£ 55,00 0 and the house and garden known

as N o. 32 Seaton Place, St. Helier , for

t he s um of £105,000 (as shown on

dr a wing No. 533/1), with each party

bei ng r esponsible for its own legal

f ee s ;

( b) authorised the Greffier of the States t o s ign the said drawing on behalf of t he S tates;

( c) authorised the Attorney General and the G r ef fier of the States to pass, on

beha lf of the public, such contracts as

i t m ight be found necessary to pass in

conne ction with the purchase of the

s ai d pr operties and any interests

t he r ein; and

( d) authorised the payment or discharge of t he expe nses to be incurred in

conne ction with the acquisition of the

s ai d pr operties and all interests

t he r ein from the Planning and

E nvi ronment Committee's capital vote of cr edi t Acquisition of Land - Major

R es erve'' (Vote No. C0904).

Fields 89 and 90, St. Brelade : transfer of administration - P. 217/96

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

( a) authorised the transfer of

adm inistration of Field 89 and part of

F i e ld 90, St. Brelade , as shown on

dr a wing No. 537/1, from the Planning

and E nvironment Committee to the Sport, L ei sure and Recreation Committee;

( b) authorised the Greffier of the States t o s ign the said drawing on behalf of t he S tates.

Elizabeth Castle and Mont Orgueil Castle: cession of usufruct - P.218/96

THE STATES, adopting a proposition of the Public Services Committee -

( a) approved the transfer to the Jersey

H e r itage Trust by Deed of Cession of t he per petual usufruct of Elizabeth

C as tle and Mont Orgueil Castle, with ef fec t from 1st January 1997;

( b) authorised the Greffier of the States and t he Attorney General to pass the nece ssary Deed of Cession before the R oyal Court.

Jersey Amateur Dramatic Club: further loan - P.222/96

THE STATES, adopting a proposition of the Finance and Economics Committee, referred to their Act dated 22nd June 1993 in which they had approved a loan of £100,000 to the Jersey Amateur Dramatic Club to assist with the purchase of a disused agricultural outbuilding

at La Hougue Bie, St. Saviour , and -

( i) approved an additional loan of £60,000 t o t he Jersey Amateur Dramatic Club to as si st with the completion of the

conve rsion of the outbuilding;

( ii) t hat the two loans be aggregated an d r epai d over a period not

ex ceed ing 20 years from the first ye ar f ol lowing that on which the C lu b r esumed its productions at the r ef urbished Opera House in

G l o uces ter Street, St. Helier , at

a r at e of interest of five per

ce nt a yea r, in instalments to be ag r ee d by t he Finance and

E co nom ics Committee, and to au t hor ise the Committee to vary the pe r iod of the loan by

ac cept ing premature repayments fr om t h e Club, either in part or

in w hol e, or extending the

repaym ent period, if it appeared

to t h e C ommittee to be appropriate to do s o;

( iii) that interest on the loan should

be w a i ved until one year after the

C lu b had been able to recommence pr oduct ions at the refurbished

O per a H ouse;

( iv) t hat the loan be registered

ag ai n s t the property which was to be kept in good material order.

Field 89, St. Mary : transfer of administration - P.223/96

THE STATES, adopting a proposition of the Agriculture and Fisheries Committee -

( a) authorised the transfer of

adm inistration of an area of 1.14

ver gées of land forming part of Field

89, L a Rue de Crabbé, St. Mary , as

s how n on drawing No. 2/96, from the

A g r iculture and Fisheries Committee to t he S port, Leisure and Recreation

C om mittee; and

( b) authorised the Greffier of the States t o s ign the said drawing on behalf of t he S tates.

Teachers' Superannuation (Amendment) (Jersey) Law 1996 (Appointed Day) Act 1996 - P.228/96

THE STATES, in pursuance of Article 3 of the Teachers' Superannuation (Amendment) (Jersey) Law 1996, made an Act entitled Teachers' Superannuation (Amendment) (Jersey) Law 1996 (Appointed Day) Act 1996.

Broadcasting House, St. Helier : lease of office accommodation - P.229/96

THE STATES, adopting a proposition of the Defence Committee -

( a) approved the sub-lease by the public

f rom the British Broadcasting

C or poration of the 3rd floor office

acc ommodation at Broadcasting House, R ouge B ouillon, St. Helier , to provide addi tional office accommodation for the L aw Officers' Department and the States of J ersey Police in connexion with

cr im inal investigations regarding an

al l eg ed foreign exchange fraud, for a per iod of one year, with an option to

ext end f or a further six months, with

ef fec t from 1st January 1997 or upon

t he s igning of the lease, whichever was m o re practicable, at a fixed rental of

£ 25,42 0 a year;

( b) authorised the Greffier of the States t o s ign the said lease.

Suspension of Standing Order No. 18

THE STATES, adopting a proposition of the Planning and Environment Committee, agreed to suspend Standing Order No. 18 to allow the proposition of that Committee proposing a licence of office accommodation at Westaway Chambers, 39 Don Street, St. Helier , to be considered at the present meeting.

Westaway Chambers, 39 Don Street, St. Helier : licence of office accommodation.

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

( a) approved the occupation by the public of t he Island on a licence basis from

D o n I nvestments Limited of the first

and t hird floors of Westaway Chambers, 39 D on Street, St Helier, for the

pur pose of accommodating the staff of

t he J udicial Greffe and Probation and

A f t er-Care Service Community Services S ect ion for a period of one year and

ni n e months from 1st January 1997

expi ring on 29th September 1998, at an annua l licence fee of £71,700

( repr esenting a rate of £12.50 a square

f oot for the first floor offices and

£ 11.50 a square foot for the third

f loor offices) inclusive of the cost of

bui lding insurance, lift maintenance,

f onc ier rates, lighting, heating,

cl eani ng and maintenance of the

com munal areas and the maintenance of t he f ire alarm system, the licence fee

not to be subject to any reviews and to

com mence on 25th March 1997;

( b) authorised the Greffier of the States t o s ign the licence;

( c) authorised the Treasurer of the States t o p ay the licence fee as it fell due.

Jersey College for Girls entrance examination results. Statement

The President of the Education Committee made an oral statement about the concern that the

results of the entrance examination for the

Jersey College for Girls (JCG) for the following September were being withheld until the end of January. The Committee, as previously

constituted, had decided to increase the form

entry into the JCG, similar to that of Victoria College in the interests of equality of

opportunity. The decision had been made in the belief that the new JCG at Mont Millais would

open in September 1998. In spite of a series of delays, it was still hoped to commence work on

the site in mid-summer 1997 which would allow

the new school to open in September 1999. The school at Rouge Bouillon would not be able to accommodate the new projected number for the JCG forms entry. It had been hoped that the debate

on the relocation of the JCG would have taken

place on 10th December 1996. However it was likely to be debated on 21st January 1997 and it would then be known how many girls could be taken in next year. The Governors had decided

that it was best to withhold all the results

until that debate had taken place.

The President of the Education Committee indicated that his Committee supported the decision of the Governors and congratulated Mrs. Kennett, the Principal, and the Governors for a very responsible reaction to the misleading information being circulated about the new school.

Retiring Members

The Bailiff conveyed the best wishes of the Assembly to the members who would not be returning to the States in the next Session and, on behalf of the Island, thanked them for their service.

The members replied in turn.

THE STATES rose at 12.45 p.m.

G .H .C . C O P P O C K

G r ef fi e r of the States.