States Minutes 10th September 1996

STATES MINUTES 1 0 t h S e ptember 1996   P ri c e : £ 1 . 2 5

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

S ir P  hilip Bailhache

_ _ _ _ _ _ ______

His Excellency the Lieutenant Governor,

 General Sir Michael Wilkes, K.C.B., C.B.E, 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

S enator Stuart Syvret - suspended

L eonard René Hamel, Connétable of St.

C lement - out of the Island

K enneth Priaulx Vibert , Connétable of St. O uen - ill

T erence Augustine Le Sueur, Deputy of St. H elier - out of the Island

S hirley Margaret Baudains, Deputy of St. H elier - ill.

_ _ _ _ _ _ ______

P r a y e rs

_ _ _ _ _ _ ______

Tribute to the late Mr. J.N. Le Fondré, Deputy of St. Lawrence

The Bailiff paid tribute to the late Mr. John Nicolle Le Fondré, Deputy of St. Lawrence.

THE STATES  observed one minute's silence as a mark of respect.

Welcome to newly-elected Connétable s of Trinity and St. Brelade

The Bailiff , on behalf of the members of the States, welcomed the newly-elected Connétable of Trinity , former Deputy of Trinity , Philip Roy Cabot, and the re-elected Connétable of St. Brelade , Enid Clare Quénault.

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Road Traffic (Public

P a r king Places) (Amendment No. 33) ( J er sey) Order 1996. R & O 8961.

 2 .  Road Racing (Motor Vehicle R a l ly) (Jersey) Order 1996.

R & O 8968.

 3 .  Health Insurance (Pharmaceutical

B e n efit) (General Provisions)

( A m endment No. 7) (Jersey) Order 1996. R & O 8969.

Matters presented

The following matters were presented to the States -

1 . Jersey Airport - funding:

p a s senger load supplement (P.131/96) - c o m ments - P.142/96.

P r e sented by the Finance and

E c o nomics Committee.

 2 .  Industrial Relations Advisory

S e r vice: report for 1995 - R.C.22/96.

P r e sented by the Industrial

R e l ations Committee.

T H  E STATES ordered that the said report b e p rinted and distributed.

 3 .  Medical Officer of Health: r e p ort for 1995.

P r e sented by the Health and S o c ial Services Committee.

 4 .  Driver and Vehicle Standards D  ep artment: report for 1995. P r e sented by the Defence

C o m mittee.

5 .  Immigration and Nationality:

r e p ort for 1995.

P r e sented by the Defence C o m mittee.

Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 2nd September 1996, showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

 ( a) as recommended by the Public

S e r vices Committee, the entering into a

D  ee d of Arrangement with Daisy Hill

R e a l Estates Limited granting a right

o f w ay in perpetuity to provide

v e h icular access over part of the

P e r quage Sanctuary Pathway, Sandybrook, B e a umont, St. Peter, for a

c o n sideration of £2,500, with the

c o m pany being responsible for all legal

c o s ts involved in the transaction and

f o r the maintenance of the area. The

A  g reement was also to be subject to a

m  ax imum speed limit of 15 miles an

h o u r, no car parking, pedestrian

a c c ess, and with the Committee being

r e sp onsible for the cost of providing

n e w fencing on the boundary with the

s tr e am should the road surface be

r e p laced;

 ( b) as recommended by the Public

S e r vices Committee, the renewal of the

l e as e to Mr. Terence Alexander McDonald

o f t he German bunker, north of Kempt

T o w er, St. Ouen, for the purpose of a

f ir e works magazine, for a further

p e r iod of nine years at an annual rent

o f £ 1,230 to be reviewed triennially to

o p e n market value and with each party

b e in g responsible for its own legal

c o s ts;

 ( c) as recommended by the Public

S e r vices Committee, the renewal of the l e as e to the Jersey Electricity Company L i m ited of Substation No. 401, near

M  a udelaine Estate, St. Brelade , for a

p e r iod of 99 years at an annual rent of

£1 , payable in full on commencement of

t h e contract, and with each side being

r e sp onsible for its own legal costs;

 ( d) as recommended by the Housing

   C ommittee, the revised lease of the

s u b -station at St. Martin 's Arsenal,

S t . Martin, to the Jersey Electricity

C o m pany Limited for a period of 99

y e a rs at £1 a year with each party

b e in g responsible for its own legal

c o s ts. This agreement was to replace

t h e existing 21 year lease which had

b e e n terminated, as the area of land on

w  h ich the sub-station stood had been

r e d uced, to allow for the construction

o f a footpath into St. Martin's Arsenal

e s ta te. A premium rental of £105 had

b e e n paid in respect of the current

l e as e, which had commenced on 24th June 1 9 8 6, and was due to terminate on 24th

J u n e 2007, and it had, therefore, been

a g r eed that the premium rental of £99

p a y able at the commencement of the new l e as e would be reduced to £44 to take

i n to account the rental already paid;

 ( e) as recommended by the Housing

C o m mittee, the granting to Mr. John

J o s eph Bambury and Mrs. Rhoda Eleanor B a m bury, née Little, of a wayleave and

r ig h ts over public land adjacent to the

p r o perty La Petite Mondine, Eureka

A  v enue, St. Clement, in order to

c o n nect the property to the mains water

s u p ply, free of charge; and

 ( f) as recommended by the Harbours and A  ir port Committee, the renewal of the

l e as e to Messrs. D.C. and M.J. L'Enfant

o f t he Victoria Pier Bunker Vivier

( V 3 2/V32B) for a further period of

t h re e years, commencing on 1st August 1 9 9 6, at a revised annual rental of

£1 , 566.53, this rental being subject to

a n n ual review.

Matter noted - acceptance of tender

THE STATES noted an Act of the Finance and Economics Committee dated 2nd September 1996, showing that, in pursuance of Rule 5 of the

Public Finances (General) (Jersey) Rules 1967,

as amended, the Committee had noted that the Housing Committee had accepted the lowest of four tenders, namely that submitted by A.C. Mauger and Son (Sunwin) Limited in the sum of £5,305,000.00 in a contract period of 120 weeks for the redevelopment of the OTC site - Phase

II, Route des Nouaux, St. Helier . Matters lodged

The following matters were lodged au Greffe'' -

 1 .  Draft Licensing (Licence Fees)

( J er sey) Regulations 199  - P.139/96. P r e sented by the Tourism

C o m mittee.

 2 .  Bovine Spongiform

E n c ephalopathy - P.140/96.

P r e sented by the Agriculture and F i s heries Committee.

 3 .  Joint Advisory Council:

c o n stitution and terms of

r e fe rence (P.109/96) - second a m e ndment - P.141/96.

P r e sented by the Finance and E c o nomics Committee.

Arrangement of public business for the next meeting on 24th September 1996

THE STATES confirmed that the following matters lodged au Greffe'' would be considered at the meeting on 24th September 1996 -

T he Royal Bank of Scotland International

L imited (Jersey) Law 1995 (Appointed Day) ( No. 2) Act 199  - P.135/96.

L odged: 3rd September 1996.

F inance and Economics Committee.

D raft Limited Liability Partnerships ( Jersey) Law 199  - P.138/96.

L odged: 3rd September 1996 in

S econd Reading.

F inance and Economics Committee.

J oint Advisory Council: constitution a nd terms of reference - P.109/96.

L odged: 9th July 1996.

F inance and Economics Committee.

J oint Advisory Council: constitution a nd terms of reference  (P.109/96) - a mendment - P.126/96 (Revised).

L odged: 30th July 1996.

S enator T.J. Le Main.

J oint Advisory Council: constitution

a nd terms of reference (P.109/96) - second a mendment - P.141/96.

F inance and Economics Committee.

P lanning and building control

c harges: fee structure - P.120/96.

L odged: 23rd July 1996.

P lanning and Environment Committee.

J ersey Airport - funding: passenger l oad supplement - P.131/96.

L odged: 27th August 1996.

T ourism Committee.

J ersey Airport - funding: passenger

l oad supplement - (P.131/96): comments - P .142/96.

P resented: 10th September 1996.

F inance and Economics Committee.

C hannel Islands Electricity Grid -

P .136/96.

L odged: 3rd September 1996.

F inance and Economics Committee.

D raft Licensing (Licence

F ees) (Jersey) Regulations 199 - P.139/96. L odged: 10th September 1995.

T ourism Committee.

B ovine Spongiform Encephalopathy - P .140/96.

L odged: 10th September 1996.

A griculture and

F isheries Committee.

Re-siting of the Jersey College for Girls - questions and answers (Tape No. 357)

Deputy Evelyn Mabel Pullin of St. Saviour asked Deputy Leonard Norman of St. Clement, President of the Education Committee, the following questions -

1.  D oes the President recall that the

S ta t e s gave in-principle approval

in 1 9 9 1 to the re-siting of Girls'

C o ll e g e on Little Field, Mont

M i ll a is as part of the proposition

T h e F uture of Secondary

E d u c a tion' (P.149/91)? Can he

as s u r e members that the

ac c o m  modation presently proposed fo r t h e College may still be

co n s t ru cted on that site alone?

 2 .  Is the President able to assure members

t h at there is available in the Mont

M  il lais area sufficient playing fields'

a c c ommodation to replace the d'Auvergne f ie l ds and pavilion, the tennis courts,

n e tb all court and swimming pool

p r e sently available at La Pouquelaye

f o r the Girls' College pupils'

e x c lusive use?

 3 .  In view of the length of time

s in c e P.149/91 was adopted and the

u n d erstandably general terms in which

t h e proposition regarding the Girls'

C o l lege was presented, will the

P r e sident undertake to issue a

s ta t ement in such a form as will give

m em bers and the public an exact idea of t h e dimensions of the proposed re-sited b u i lding and detailed plans of the

w  h ole area of land to be utilised for

t h is development?''

The President of the Education Committee replied as follows -

1.  I n approving P.149/91, the States

d id n o t give in principle approval to th e re-siting of Girls College

o n L i tt le Field alone. They did in

fa c t g i ve in-principle approval

to  -

th e re - location of Jersey College fo r G  ir ls to Field No. 798 and the si te k n own as Langford with

p la y i n g fields on Fields Nos. 781A an d 7 8 1, St. Saviour;

sp o r t s facilities for Victoria

C o ll e g e and Jersey College for G i rl s ;

th e p ro vision of craft, design an d t ec hnology facilities for V i ct o r ia College and Jersey C o ll e g e for Girls.

T h e text of the report and the

f e as ibility plans which accompanied

t h is proposition quite clearly

i n d icated that the areas under direct

c o n sideration were Langford, College H  o use and Field No. 798 (Little Field). T h e current plans, which have been the

s u b ject of two public exhibitions, have

a l re ady received planning approval from t h e Planning and Environment Committee a n d are currently awaiting development

a p p roval, show that the new Jersey

C o l lege for Girls will be constructed

o n Field No. 798 (Little Field) and the

C o l lege House site as planned.

T h e design competition identified the m  o st suitable sites for the art, design a n d technology block and sports

f a ci lities as being the land to the

s o u th of College House and Langford r e sp ectively. This is totally in

a c c ordance with the proposition.

 2 .  Members will be pleased to know that t h er e are no plans to do away with the

s p o rts facilities at La Pouquelaye and

t h es e will  remain available to the

G  ir ls College, other schools and the

c o m munity on the same basis as before.

I a m also pleased to confirm that there a r e sufficient facilities, included

w  it hin the campus designs as a whole, t o s ervice the future curriculum needs

o f t he two Colleges. To enhance this p l an ned provision, there are a number

o f s ports facilities in this area of

t h e Island and my Committee is also e x a mining again whether any further l a nd for playing fields will be

n e c essary in the longer term.

 3 .  I would refer the Deputy to the

e x te nsive, comprehensive and detailed

p l an s and drawings, which she may

r e ca ll have been the subject of long

c o nsultation with the schools, the

p l an ners, the residents and the Parish,

t w o public exhibitions, were

u n a nimously approved by the previous

E d u cation Committee and, having also

b e e n approved by the present Committee, a r e now with the Planning and

E n v ironment Committee awaiting

d e v elopment approval. These plans and

d r a wings show very clearly exactly what b u i ldings are intended, their

r e sp ective locations on the site and

w  il l be the subject of a third public

e x h ibition in the very near future.'' Strategic Policy Review and Action Plan 1996 - P.129/96, amendments and second amendments

THE STATES commenced consideration of a proposition of the Policy and Resources Committee on the Strategic Policy Review and Action Plan 1996.

Paragraph 1 was adopted.

THE STATES commenced consideration of sub- paragraph (a) of paragraph 2, and Deputy Gary Matthews of St. Brelade moved an amendment to insert at the end of the sub-paragraph the following words -

  , except for the proposals in paragraphs  1 .20 to 1.23 for the formation of a

 C orporate Strategy Unit''.

Deputy Philip John Rondel of St. John having requested that the amendment be lodged au Greffe'', further consideration of the amendment and sub-paragraph (a) was suspended.

Change in Presidency

THE STATES adjourned for lunch and reassembled at 2.30 p.m. under the Presidency of the

Greffier of the States, Geoffrey Henry Charles Coppock, Esquire.

Strategic Policy Review and Action Plan 1996 - P.129/96, amendments and second amendments - continuation of debate

Sub-paragraph (b) of paragraph 2 was adopted.

Sub-paragraph (c) of paragraph 2 was adopted,

the States having adopted an amendment of Deputy Henry George Coutanche of St. Lawrence that at the end of sub-paragraph (c) there should be inserted the words with the exception that in

view of the decision of the States on 27th

October 1992 to support the establishment of an Archive Service for Jersey  and the provision of suitable premises for housing the archives (P.99/92), and in view of the continuing vulnerability and deterioration of the archives,

to agree that the construction of new accommodation to provide for a States Archive should be treated as a special case when considering the States Capital Programme for 1998''.

Members present voted on the amendment as follows -

P o u r'' (42) Senators

J eune, Horsfall, Rothwell, Le Main, Le M aistre, Stein, Quérée, Chinn, Bailhache .

Connétable s

S t. Lawrence, St. Mary, St. Brelade , St. P eter, Grouville , St. Helier , St. Saviour, S t. Martin, St. John, Trinity ,.

Deputies

R umboll(H), Wavell(S), Norman(C), St.

P eter, H. Baudains(C), St. Ouen,

C outanche(L), Huelin(B), St. Mary, Le

G eyt(S), Walker (H), Crespel(H), Pullin(S), D uhamel(S), Matthews(B), Routier(H),

D orey(H), Layzell(B), Breckon(S),

G rouville, Huet(H), St. Martin, St. John.

C o n tre'' (3) Senator

 T omes.

Deputies

 C arter(H), Johns(H).

Sub-paragraph (d) of paragraph 2 was adopted. Adjournment

THE STATES adjourned, having agreed to resume consideration of the Strategic Policy Review and Action Plan 1996 the next day, Wednesday 11th September 1996.

THE STATES rose at 5.15 p.m.

 C .M  . N  E W  C O  MBE D e p u ty Greffier of the States.