States Minutes 13th February 1996

STATES MINUTES 13t h F ebr uary 1996 P ri c e : £ 3.00

T HE STATES assembled on Tuesday, 13th February 1996 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.

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All Members were present with the exception of -

S enator Pierre François Horsfall - ill

L eonard René Hamel, Connétable of St.

C lement - ill.

D erek Ryder Maltwood, Deputy of St. Mary -

o ut of the Island

J ohn Nicolle Le Fondré, Deputy of St.

L awrence - ill

M argaret Anne Le Geyt, Deputy of St.

S aviour - out of the Island

J eremy Laurence Dorey, Deputy of St.

H elier - out of the Island.

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P r aye rs

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Visit of Home Secretary

The Bailiff informed the States that there would

be an extraordinary meeting on 9th April 1996 to welcome the Secretary of State for the Home Department, the Right Honourable Michael Howard, Q.C., M.P.

Subordinate legislation tabled

The following enactments were laid before the States, namely -

1 . Road Traffic ( Grouville )

( A m endment No. 12) (Jersey) Order 1996.

R & O 8905.

2 . Road Traffic (Saint Saviour)

( A m endment No. 3) (Jersey) Order 1996. R & O 8906.

Matter presented

The following matter was presented to the States -

H e r Majesty's Inspectorate of

C ons tabulary - States of Jersey Police 1995.

P r es ented by the Defence

C om mittee.

Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 5th February 1996, showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

( a) as recommended by the Planning and E nvi ronment Committee -

( i) the purchase from Mr. Derek

C har l e s Le Tourneur of the

fr ee hol d of Tremont House, La Rue à D on , G rouville for a

co ns i der ation of £160,000 with the C om m ittee being responsible for

the pa ym ent of all legal fees

invol ved i n the transaction; and

( ii ) t  he purchase from Mrs. Hazel

B la nche Filleul, née Le Tourneur, of t he f reehold of Tremont Villa,

L a R ue à Don, Grouville for a

co ns i der ation of £155,000 plus the pa ym e nt of £4,675 in respect of

legal f ees and £2,325 in respect

of s ur veyor 's fees, subject to the

co ndi t ion that the land was used

onl y f or a housing development;

( b) as recommended by the Education

C om mittee, the renewal of the lease to t he J ersey Society for the Provision of a C hildren's Resources Centre of

C ent repoint, Clearview Street, St.

H e l ier, for a period of nine years from 1s t Ma rch 1993, at an annual rent of £1 paya ble in full at the commencement of t he l ease;

( c) as recommended by the Harbours and A i rport Committee, the lease to St.

C at herine's Sailing Club of premises at S t . C atherine, for a period of nine

year s from 5th December 1990, at an

annua l rent of £1,000, subject to

annua l review.

( d) as recommended by the Harbours and A i r port Committee, the lease to the

J er s ey Aero Club of accommodation at t he A irport, for a period of nine years

f rom 24th June 1991, at an annual rent of £ 6,000, subject to annual review.

( e) as recommended by the Public Services C om mittee, the lease to the Jersey

Wi nds urfer Class Association of the

di n gy and trailer park and Martello

T ow er at the Beaumont Pumping Station, S t . P eter, for a period of nine years

f rom 30th June 1991, at an annual rent

of £ 250, subject to triennial review.

( f) as recommended by the Defence

C om mittee, the lease to Nobel's

E xpl osives Company Limited of the

expl osives magazine at Crabbé, St.

Mar y, for a period of nine years from 25t h December 1991, at an annual rent of £ 6,250, subject to annual review;

( g) as recommended by the Defence

C om mittee, the annulment of the lease gr a nted to the Jersey Rifle Association by A ct of the States dated 24th

N o vem ber 1981 of land comprising the F ul l Bore Range together with shooting s tands and butts at Crabbé, St. Mary ,

t ha t lease being for a period of 27

year s from 25th December 1981 at an

annua l rent of £100, subject to

t ri e nnial review and the lease to the

A s s ociation of an area of land at

C r abb é, St. Mary , being the site of its

cl ubhous e, for a period of 17 years

f rom 25th December 1991, at an annual r en t of £178, subject to triennial

r ev iew.

Matter noted - acceptance of tender

THE STATES noted an Act of the Finance and Economics Committee dated 5th February 1996, showing that, in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that the Education Committee had accepted the lowest of five tenders, namely that submitted by Charles Le Quesne (1956) Limited in the sum of £11,226,016.79 in a contract period of

104 weeks, for the construction of St. Anne's School, St. Helier .

Matters lodged

The following subjects were lodged au Greffe'' -

1 . Draft Teachers' Superannuation

(A mendment) (Jersey) Law 199 - P .26/ 96.

P r es ented by the Education

C om mittee.

2 . Draft Borrowing (Control)

( A m endment No. 3) (Jersey) Law 199 - P .27/ 96.

P r es ented by the Finance and

E conom ics Committee.

3 . Taxis and cabs in Jersey: re-

or ga nisation - P.28/96.

P r es ented by the Public Services C om mittee.

4 . European Communities Legislation ( Im plementation) (Jersey) Law 1996   ( Appointed Day) Act 199 - P.29/96. P r es ented by the Policy and

R es ources Committee.

5 . Draft Health Insurance (Medical

B enef it) (Amendment No. 45) (Jersey) R egul ations 199 - P.30/96.

P r es ented by the Employment and

S oci al Security Committee.

6 . States members' remuneration -

P .31/ 96.

P r es ented by Senator S. Syvret

and r eferred to the House Committee for a r epor t.

Taxis and cabs in Jersey: re-organisation - P.154/96. Withdrawn

THE STATES noted that the President of the Public Services Committee had withdrawn the proposition relating to the re-organisation of taxis and cabs in Jersey (lodged au Greffe''

on 7th November 1995), having lodged a revised proposition at the present meeting (P.28/96).

Waterfront Enterprise Board Limited: constitution of Board of Directors - P.24/96.

Withdrawn

THE STATES noted that Deputy Robin Ernest Richard Rumboll of St. Helier had withdrawn his proposition regarding the constitution of the Board of Directors of the Waterfront Enterprise Board Limited (lodged au Greffe'' on 30th January 1996).

Road cleaning services at St. Aubin - P.63/95. Withdrawn

THE STATES noted that Senator Richard Joseph Shenton had withdrawn his proposition regarding road cleaning services at St. Aubin (lodged au Greffe'' on 23rd May 1995).

9 St. James Street, St. Helier : sale - P.22/96. Withdrawn

THE STATES noted that the President of the Health and Social Services Committee had withdrawn the proposition relating to the sale of 9 St. James Street, St. Helier (lodged au Greffe'' on 30th January 1996) which had been set down for debate at the present meeting.

Arrangement of public business for the next meeting on 27th February 1996

THE STATES confirmed that the following subjects lodged au Greffe'' should be considered at the

next meeting on 27th February 1996 -

T axis and cabs in Jersey: re-organisation - P .28/96.

L odged: 13th February 1996.

P ublic Services Committee.

E uropean Communities Legislation ( Implementation) (Jersey) Law 1996 ( Appointed Day) Act 199 - P.29/96. L odged: 13th February 1996.

P olicy and Resources Committee.

D raft Health Insurance (Medical

B enefit) (Amendment No. 45) (Jersey) R egulations 199 - P.30/96.

L odged: 13th February 1996.

E mployment and Social Security

C ommittee.

Registration of electors - questions and answers (Tape No. 325)

Deputy Gary Matthews of St. Brelade asked Iris Medora Le Feuvre, Connétable of St. Lawrence , the following questions -

1. Wh at plans do the Comité des

C onné tables have to remind persons el i g ibl e to vote what steps they

ne ed t o t ake to be registered as

an el e ct or and to encourage more

pe opl e to register to vote at the

el ec ti ons for Senators and

D eput i es in 1996?

2 . In the case of a lodging house or

r en ted accommodation, would the

C onnét able confirm that it is the duty of t he proprietor and of the landlord r es pec tively to ensure that his or her l od gers or tenants are registered on

t he el ectoral roll?

3 . Would the Connétable consider

publ ication of an electoral return form i n t he local newspaper which could be com pleted by an individual wishing to r eg ister as an elector and returned to

t he r elevant parish for registration?

4 . Would the Connétable s be prepared to pr ov ide for the distribution of

l eaf lets and electoral returns to the

publ ic in St. Helier or other parishes

as a further means of encouraging those w h o have not yet completed a return to do s o and thus be registered as an

el ect or?

5 . Would the Connétable agree that there i s a s trong case for opening the polls

ear l ier than 11.00 a.m. on election day t o g ive electors the opportunity to

r ec or d their vote at public elections

on t heir way to work in the morning?''

The Connétable of St. Lawrence replied as follows -

1. T he Franchise (Jersey) Law 1968,

as am ende d, makes provision for

the r egi stration of persons as

el ec tor s in public elections.

A n E lectoral Registration Form is

di spat ched to all occupiers of property by t he Connétable of each parish,

us ua lly during April/May with the rate as ses sment notice. On six occasions bef ore 22nd June a notice is published i n t he Jersey Gazette reminding people of t he requirement to register.

T he c losing date for the return of

r eg istration forms to the parish halls

i s 30t h June. During the last 15

w o r king days in July the draft

el ect oral register is available for

publ ic inspection and on two occasions dur ing this period official notice is

gi v en in the Jersey Gazette of the

dat es and times for such inspection.

T he c losing date for additions to the

dr a ft list is 7th August.

I n a ddition to the official adverts the

C om ité has in recent years undertaken ext r a advertising for example in 1993

f our half-page adverts were placed in

t he J ersey Evening Post during June and a 12 s pot broadcast was placed on

C hanne l Television reminding people el i gi ble to vote to complete and return

t he i r forms to the parish halls by 30th

J une . In July 1987 a postmark

canc ellation stamp was used for two

w e eks with the slogan Are you on the dr a ft Register of Electors? - Check now at your Parish Hall '. Parish

s ec retaries also remind listeners to

t he par ish news items on BBC Radio

J er s ey that electors must sign and

r et ur n forms and then check that their nam es are included in the Register.

Whi lst the Comité has not yet discussed t he pl ans for 1996 I have no doubt it

w i l l make similar provision for extra publ icity not only in English but also

i n t he Portuguese and French languages.

2 . It is the duty of the proprietor of a

l od ging house and the landlord of

r en ted accommodation, as the occupier of a property, to ensure that his or

her lodgers or tenants are entered on

and s ign a return and to deliver the

r et ur n, duly completed, to the

C onnét able of the parish. Tenants of

s el f -contained accommodation will

us ua lly receive a return with their

r at e a ssessment notice but tenants in,

f or exa mple, a granny flat' should be

ent er ed on the return received by the

occu pier of the property. However, they m ay obt ain a separate form from the

par ish hall to complete themselves.

3 . In 1992 the Comité discounted a general el ect oral return form being included in

an i ssue of the Jersey Evening Post as

new s print paper was not of sufficient

qual ity.

4 . In 1993 the Jersey Rights Association

di st ributed forms in a street

cam paign' and approximately 80 were

com pleted. The Jersey Rights

A s s ociation also arranged for the

pr int ing in the two local newspapers of

a co py of the electoral registration

f or m and 11 were returned to six parish hal l s. The Connétable s distribute

el ect oral return forms with the rate

as ses sment notices, as this is

cons idered the best means of reaching

al l oc cupiers of property, and extra

f or m s are available on request from the

par ish halls. Considering the response

t o t he Jersey Rights Association

cam paign (less than 100 replies) the

C onnét ables would need to be convinced t ha t the distribution of leaflets and

el ect oral returns to the public in St.

H e l ier or other parishes was

w o r thwhile.

5 . The polls are open from 11 a.m. to

8 p.m . (a total of nine hours)

i nc l uding throughout the lunch hour and i n t he evening and there must be few

peopl e who cannot get to the polling

s tat ion during this time. If the polls

opene d at 8 a.m. this would still

excl ude those who start work earlier

t ha n 8 a. m. It would also be a

cons iderable extra burden on the parish of fi cers and the honorary police on

dut y throughout the day as the work

cont inues well after 8 p.m. until the

vot es are counted and the election

conc luded.

Whi lst ensuring that every person has t he oppor tunity to register as an

el ect or, and to vote in an election, I

w o ul d point out that the low turnout in pas t elections should be of as much conc ern as the few who find, on

el ect ion day, they are not registered

t o v ote. The Connétable s could register al l el igible persons but they cannot

ens ure that all those persons use their vot e. It is a great disappointment to

t he C onnétables that despite all the

ef for ts made so many people do not exer cise their right to vote.''

Parking permits for residents of St. Helier - question and answer (Tape No. 325)

Deputy Frank Harris on Walker of St. Helier asked Deputy Dereck André Carter, President of the Public Services Committee, the following question -

Would the President confirm that it is

s till his Committee's policy to devise an

o n-street permit parking scheme for the

r esidents of St. Helier and, if so, when

d oes he anticipate that the scheme will be i ntroduced?''

The President of the Public Services Committee replied as follows -

I can confirm that it is still my

C ommittee's policy to introduce a scheme f or residents' parking. The system will not

o nly be available to the residents of St.

H elier but it will be possible to introduce i t throughout the Island, where

a ppropriate.

M y Committee approved, in principle, a

s cheme for the major residential parts of

S t. Helier last September, but the

p ractical details, of who would issue the

p ermits and how the scheme would be

p oliced, had to be resolved before the

n ecessary changes to the Regulations could b e sought.

D uring the interim period, my Committee was a pproached by the Defence Committee to take

o n the responsibility for the Traffic

W ardens, and the transfer was achieved from 1 st January this year. The introduction of

u pgraded computer facilities in the

D epartment's car parking office means that

t he facilities now exist for the issue of

r esidents' permits from that office without

f urther staffing implications.

A review of the current parking

a rrangements, both on-street and off-

s treet, has been undertaken to rationalise a ll the systems and combine the resources n ow available to the Committee from both t he Traffic Ward ens and the car park

o fficials. My Committee, at its meeting on 4 th March, will be asked to consider

p roposed revised arrangements which will p rovide a better service to the public,

b oth local and visitor, and will enable the i ntroduction of residents' parking.

Provided that the proposals are approved by t he Committee, the necessary changes to the R egulations will be put in the hands of the L aw Draftsman immediately, and will be

i mplemented as soon as practical after the

S tates approve the changes.''

Security of premises - questions and answers (Tape No. 325)

Deputy Philip John Rondel of St. John asked Deputy Michael Adam Wavell of St. Saviour , President of the Defence Committee, the following questions -

1. I n view of the large number of

br eak - ins that have taken place in the I s la nd during the last few

m ont hs , would the President give an as sur ance that his Committee is doi ng a ll that is necessary to

gi ve bo th the States and Honorary P ol i c e al l the support that is

requi red to combat these offences?

2 . Since the States Police handed over

t he i r first response rôle with respect

t o b urglar alarms to a private security

f ir m (s), would the President inform the m em bers -

( a ) of the number of call outs

recei ved by the private security fi rm ( s) , and how many of those ca l l out s were false alarms?

( b ) with regard to other call outs that w e re not false alarms,

w het her any persons have been de t ai ned by private security

of f icer s and, if so, how many?

( c ) if the answer to (b) above is in

the af f irmative, what are the

pow er s under which these security of f icer s operate?

( d ) whether the training of these

of f icer s is to the same high

st and ar d as officers of the States of J er s ey Police Force?

3 . Would the President inform members w h et her any of the security officers

at t en ding a scene of crime have been i nv olved in an incident with an

i ntruder resulting in injury, and state

w h at back-up facilities are in place

f or a s ecurity officer in those

ci r cum stances?

4 . Would the President indicate whether t he C ommittee is considering

i nt r oducing a scheme for licensing the var ious security companies and staff oper ating in the Island?''

The President of the Defence Committee replied as follows -

1. I welcome the opportunity to

reas sur e the States that the

C om m ittee is satisfied that the

S tat e s a nd Honorary Police have al l t he s upport, equipment and

ex per t ise needed to deal with, not jus t t he recent spate of break-

ins , bu t all other aspects of

cr i m e w hich continue to affect the pub li c of the Island.

S peci fically, in relation to the break-

i ns , t he Chief Officer of Police

r ed eployed staff to the formation of a

t emporary burglary squad, under the di rect ion of a detective inspector, to col l ate all evidence, re-visit the

s ce nes of some of these crimes, and to bui ld a profile of the offences and the of fende rs, so that the latter could be

t ar get ed for police action. In many

r es pec ts, this has been successful,

w i t h some 24 persons being arrested as a r es ult of this initiative, and items

of p roperty recovered.

D i s tressingly, the officers, on making t he s e arrests, have also come across

t he ot her burden of the Island at this t im e, that of drug abuse.

H o w ever, I am happy to report to the S t a tes that as a direct result of this unf ortunate series of crimes, a

r ev italisation of the relationship

bet w een the police and the public has t aken pl ace, large amounts of

i nf or mation have been passed to the pol ice, and personal contact with the publ ic has never been greater.

T he r esponse from the Honorary Police has been in the true traditions of that

s ys tem. Requests were made early on for not just heightened Honorary Police

i nv olvement, but for specific

depl oyment of Honorary Police officers t o t arget areas of the country

par ishes, and a series of road checks

w e r e initiated. These officers were

r ea dy t o provide instant response,

w h i ch must have had a great impact on

t he i r own professional and social

l ives .

T hat they did so, so quickly and so

ent hus iastically, is not only a

r ef l ection of the great spirit within

t he s ystem, but also illustrates the

J er s ey public's response when the chips ar e dow n.

I ha ve received assurances from the

C hi ef Officer and his senior officers,

t ha t they believe the success of the

pas t weeks will be further enhanced, and t hey anticipate more arrests and

r ec over y of property. However, such

w o r k, members will be aware, is always of a painstaking nature and instant

r es ul ts are not always possible.

I w ould remind the House that my

C om mittee has consistently sought to

al l oc ate resources to law and order, to

t he ext ent that we recently gained the

s uppo rt of the Establishment Committee f or t he need to create a joint Police

and C ustoms Intelligence Bureau and

al s o upg rade the Force Crime

I nt el ligence Bureau. It is recognised

t ha t it is far better to target the

al l eg ed criminal than investigate the

cr im e some hours afterwards. The

gat her ing of information about such

cr im inals will allow the Police to do

s o.

T her efore, the answer to Deputy

R ondel 's question is that I can give

t he S tates the assurance he requires

and I am proud to be able to say that

w h i lst I have tremendous sympathy for

t ho se who have suffered and continue to

s uf f er from the activities of

cr im inals, the recent upsurge has not

onl y brought a professional response

f rom the States Police, it has shown

t he val ue of the Honorary Police and

t he i r willingness to serve the

com munity; the members of the community t he m selves having given both Honorary and S tates Police every support.

2 . (a) Details of the number of call-outs recei ved by security firms is now

a p r ivat e matter between those

co m pa nies and their clients but I

ca n adv ise the House that during

the 12 months prior to when the

fi rs t -l i ne response in respect of

bur gl ar alarms was transferred to

pr i va te security firms, the Police

S er vi ce de alt with approximately

1,10 0 al arm calls, 98.5 per cent of w hi ch were false alarms.

( b ) Personnel employed by security fi rm s have detained three

of f en der s since the responsibility for t he pr ovision of a first-line

res pon se was transferred from the P ol i c e S ervice in 1994.

( c ) Personnel employed by security

fi rm s do not have any specific

pol i c e pow ers, therefore, their

pos i ti on is no different to that

of a m ember of the public who, on w i tnes sing a crime, might take

ac t ion t o prevent the escape of an of f en der .

( d ) Police officers receive specialist

tr ai ni ng i n a wide range of

su bj e ct s that are not relevant to

the w or k of security officers,

ther ef or e it would be

inappr opriate to make comparisons. H ow eve r, personnel employed by

s e cur i ty firms are trained to a

na t i onal ly accredited standard on

su bj e ct s that are directly

rel e vant to their rôle.

3 . There is no record of a security

of fi cer being injured locally as a

r es ul t of confronting an intruder. In

t he eve nt of a security patrol

di scove ring a break-in or any evidence w h i ch indicates the presence of an

i nt r uder, the States Police are called

and m ake an immediate and emergency r es pons e. In the event of a security

of fi cer being injured - apart from any

com pany insurance the security officer w o ul d be entitled to make a claim to

t he C riminal Injuries Compensation

B oar d.

4 . When the provision of a front-line

r es pons e to alarm calls was transferred

t o s ecurity firms, the Defence

C om mittee was satisfied that there

exi s ted in the Island more than one

r ep utable company which was accredited by t he British Security Industry

A s s ociation.

I t i s felt that the current service

avai lable to the public is adequate in

t he J ersey context; however, the

conc ept of licensing security companies and t heir staff would be pursued with vi g our if there was any evidence of

m al practice or incompetence on the part of t he security companies and private

i nv estigators.''

Decision conferencing - statement

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

On 30th January 1996 Senator S. Syvret

a sked the Vice-President of the Policy and

R esources Committee three questions on

d ecision conferencing. The Vice-President, h aving answered those particular questions, a nd also a number of supplementary

q uestions, agreed to a request by Deputy

J .L. Dorey that the Policy and Resources

C ommittee should provide the House with a s tatement on the issues raised.

F ollowing an analysis of the sound

r ecording of the proceedings, I make the

f ollowing statement on behalf of the Policy a nd Resources Committee -

D e ci sion conferencing is a management t echni que which combines a formalised br a instorming session with a computer anal ysis to provide consensus solutions t o s pecific problems.

D e ci sion conferencing has been used

w i t hin the United Kingdom local

aut hor ity network by a number of County

C ounci ls, District Councils, and

Met ropolitan and London Boroughs. The

pr oc ess is endorsed by the United

K i ngdo m Audit Commission, and by CIPFA, as a management process to assist in

r es ol ving resource allocation issues.

T he s etting of a maximum limit to the num ber of participants at 15 persons is not hing at all to do with computer

s of t ware. From advice we have received and b ased our own experience last year, a de cision conference with more than 15 par ticipants will be unmanageable, and i no perable as a brainstorming process. O u r consultants have indicated they

w o ul d be unwilling to run a decision conf erence with over 15 participants as t he y doub t they would be able to

s ucc essfully achieve the task for which t he y had been contracted.

O n t  he question of the attendance of

s uppo rters or advisers, the Committee

has been advised that a decision

conf erence would become unmanageable if t he nom inated representatives were

cons tantly diverted from the task in

hand - particularly in turning round to

f ind out what to say, or to obtain

conf irmation that what they have

al r ea dy said was acceptable. There is

al s o t he risk that non-participants

w i l l interrupt or possibly distract the

nom inated representatives in some way.

T he c apital decision conference will

not be concerned with the technical

as pe cts of capital requests, so there

i s no nee d for technical advisers to be

pr e sent.

T he c apital decision conference process i s des igned to allow the participants

t o a gree, by logical argument and

s ubs equent consensus, how much

i m por tance should be attached to each capi tal request when it is compared

w i t h the strategic long-term objectives of t he States. This, the Policy and

R es ources Committee believes, is a

m at ter for political, rather than

of fi cer, consideration.

P r ior to the Policy and Resources

C om mittee, capital funds were chopped up' on a He Who Shouts Loudest Basis'. I n t he years 1991 to 1993, a process

w a s evolved whereby all capital

r eq uests for a future four year period

w e r e assessed by a small group of

cent rally based officers, the resultant

r an kings being subject to political

r ev iew. This process was perceived as a s igni ficant improvement, but complaints of u nfairness were made by some

C om mittees on the grounds that the cent ral group could not possibly be

aw ar e of all the policy issues facing

t ho se Committees submitting requests.

I n o rder to remove this criticism, the

w h ol e prioritisation process was opened up by t he Policy and Resources

C om mittee agreeing to a capital

deci sion conference pilot in 1995.

I t w as a pure coincidence that the num ber submitting capital requests in 1995 f ell just below the maximum conf erence level figure of 15

par ticipants. All those submitting

r eq uests could therefore participate in t he conf erence at officer level. The exer cise was a success, and was praised by al l those involved, who were not onl y happy with the end product, but

al s o w ith the degree of common

under standing achieved by using the

pr oc ess. It is for these reasons, and

no ot her, that this year's capital

deci sion conference again will involve onl y those Committees submitting

capi tal requests. They are directly

i nv olved, and they know how their own pol icy objectives lock into those

appr oved by the States. They also must be pa rty to the process which might not nece ssarily recommend their own

par ticular projects as high priority

f or t he forthcoming capital programme.

T he t erm decision conference' is

pos sibly misleading, and it might be

t he r eason why some States members have expr essed concerns about a closed

s hop' and cabinet government'.

D e ci sion conferences do not produce

f inal decisions - the end products are

r ec om mendations or options for

pol itical scrutiny. Furthermore, they

ar e not conferences' in the usual

def inition of that word as they are not open to all comers.

T he pr iority recommendations of the capi tal decision conference will be

r ef er red to the Policy and Resources

C om mittee for approval or otherwise.

T hi s list will then be considered by

t he C ommittees concerned, and will subs equently be discussed at an

i nf or mal meeting of the Policy and

R es ources Committee to which all States m em bers will be invited. After any

adj us tments, the future capital

pr og ramme will be presented to the

S t a tes for approval during the

S t rat egic Policy debate, before the

nece ssary funds are voted in the

B udget . It is the view of the Policy

and R esources Committee that the

expr essions closed shop' or cabinet gover nment' are totally inapplicable in

t he ci rcumstances.

T he a dvice we have been given by our cons ultants, and also by the Leader of

t he Me tropolitan Borough of Dudley when he vi sited the Island last year, is

t ha t if the participants concerned have

a s i milar set of values to the majority

of p eople, and if the same criteria are

us ed , then two capital decision

conf erences held in parallel should

pr oduce very similar, if not the same,

pr ior ity listings. Taking this into

acc ount, the Policy and Resources

C om mittee can see no purpose whatsoever i n g oing to the expense of providing

f or a s econd capital decision

conf erence to be run in parallel with

t he one p roposed.

T he P olicy and Resources Committee is t ot al ly agreeable to the concept of

S t a tes member observers for the capital deci sion conference which is scheduled t o t ake place on 14th and 15th March.

G i ven the formal lay-out dictated by

t he pr ocess, and the need for the

par ticipants to be free from any form of i nterruption or other disturbance

w h i ch might divert their concentration or i nterfere with their full

par ticipation, the Committee considers t he bes t option for this observer

f ac i lity will be by using a video link

t o a n adjacent room. States members obs erving will therefore be free to com e and go as they please, and to conve rse openly with colleagues etc., w i t hout impacting on the decision conf erence process itself. Two video cam eras and monitors will be provided t o e nsure that observers can both hear and s ee what is taking place. In order

t ha t we can make the appropriate

ar rang ements in terms of numbers, the C om mittee would be grateful if those m embers intending to observe the

pr oc ess could advise the Office of the C hi ef Adviser as soon as possible.''

Job Club - statement

The President of the Employment and Social Security Committee made a statement in the following terms -

I am making this statement in the

k nowledge that many States members, and a lso members of the public, have shown

c onsiderable interest in, and support for

t he Job Club which started in March 1993, i n direct response to high levels of

u nemployment. It was set up by the

u nemployed for the benefit of the

u nemployed and its aim has been to help its m embers re-enter the labour market in the

s hortest possible time. The purpose of this a nd other initiatives at the time was to

r educe unemployment levels and, indeed, the J ob Club was envisaged by its own

M anagement Committee as having a limited l ifespan.

M embers are aware that unemployed levels

h ave been falling for some time now. In

f act, they are about half the 1993 levels -

c urrently 562 compared to 1,039 at the same

t ime in 1993. In addition, the new Training

a nd Employment Partnership was set up in

1 995 to promote a well trained, qualified

a nd effective workforce and also to help

u nemployed people into work. Members may r ecall that the main reason for setting up

t he Training and Employment Partnership was t o co-ordinate the work of the then

E mployment Enterprise Board, the Jersey

T raining Agency, Youth Training Board and J ob Club which were previously the

r esponsibility of four different

C ommittees.

T he Job Club's present accommodation at 21 H ill Street (which has been provided

w ithout charge by the Property Management O ffice) has now been terminated in

a nticipation of the larger development

p roject. This has raised a short-term

r equirement for alternative accommodation

a nd has been the catalyst for discussions

b etween the Job Club Management Committee a nd the Training and Employment Partnership

o n the way forward. These discussions have

c ome to an amicable conclusion for both

p arties and I can advise members as

f ollows -

T he T raining and Employment Partnership s uppo rts the employment functions that

ar e unde rtaken by the Job Club and sees

i t f or ming part of its network for

em pl oyment and training services.

A s a s hort-term measure the Job Club w i l l be temporarily located alongside

t he S kills and Resources Centre in the R os e Garden at Fort Regent. It is

s tr es sed that this is a short-term

ar rang ement until some more suitable acc ommodation is found in St. Helier . H o w ever, for the present, the Skills and R esources Centre there has the

f ac i lities and equipment to enhance the s er vi ce that the Job Club provides.

T he e xperience and commitment of both m em bers of the Job Club staff are

hi g hly valued and the Training and

E m ployment Partnership has retained

t he i r services.

L as t week the Job Club Management C om mittee voted to dissolve itself

vol untarily in the knowledge that its exce llent work will not be undone, and t o t ransfer its responsibilities to the

T r ai ning and Employment Partnership. T hi s took place on Monday, 12th

F ebr uary 1996.

I t is unfortunate that the Job Club cannot

i mmediately be located alongside the other

t raining and employment facilities within

m y department, but there is no available

a ccommodation at present. So far, we have

a lready incorporated the Jersey Training

A gency and the Youth Training Initiative

w ith the services originally provided by my

d epartment, namely the Job Centre and

H eadway Scheme. The Training and Employment P artnership is also in the process of

s etting up an Adult Careers Guidance

S ervice and this will be co-located with

t he other services I have mentioned.

I n other words, in a very short period we

w ill have nearly all training and

e mployment services under one roof. We are h oping in time to be able to release some

f urther accommodation at Philip Le Feuvre H ouse which is currently sub-let, so that

a ll services can be brought together in one

a rea to provide a fully integrated one-stop shop.

I would like to take this opportunity to

a cknowledge the excellent start that the

T raining and Employment Partnership and my d epartment have made in integrating and

s treamlining the services, and also

b eginning to plug the gaps that previously

e xisted. I know that the Training and

E mployment Partnership has recently

c ommissioned the largest employer survey

e ver undertaken in Jersey to get more

i nformation about the Island's skills base

a nd likely future needs. The Partnership

w ill be developing a training and

e mployment strategy in the next few months w hich will make full use of the information

p rovided by nearly 800 businesses who took p art in the survey, and other information

a vailable elsewhere. Members will have the

o pportunity to comment on the strategy

d uring the consultation stage and also when

i t comes to the States for approval.

I would also like to take this opportunity

t o thank members of the Job Club Management C ommittee for all the good work they have d one, their motivation and above all,

c ommitment. The Job Club set itself up at a

t ime when unemployment was high and the I sland had no co-ordinated response to the

p roblem. They have shown us how important i t is to help people back into the

w orkplace in a more informal setting and I

h ave no doubt that the lessons learned will

b e invaluable in developing services in

f uture.''

Field 1007, St. John - statement

The President of the Planning and Environment Committee made a statement in the following terms -

On January 30th 1996, the States approved t he proposition referring to Field 1007,

S t. John, brought by Senator V.A. Tomes.

H aving carefully considered the points made b y members during the debate it is clear

t hat those who supported the petition did

s o as they believed that Mr. D.R. Manning h ad, over many years, suffered an

i njustice.

M y Committee, in recognising the decision

o f the States, has had considerable

d eliberations on the matter and, in view of t he wholly unique circumstances of this

c ase has decided to accede to the wish of

t he States. Subject to matters of siting,

s ize, materials, design and compliance with t he Building Bye-Laws my Committee will g rant permission for a house and store for M r. Manning on Field 1007, St. John , and

i nvites Mr Manning to make an application.

M y Committee, however, wishes to remind m embers that it will continue to apply with f ull vigour the policies of the Island

P lan, which were approved by the States,

a nd trusts that the States in future will

s upport it in so doing.''

Elizabeth Harbour warehouse extensions: approval of drawings

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

( a) approved drawings Nos. 224.01 to .07 s how ing the proposed extensions to the N o . 1 Warehouse, Elizabeth Harbour,

P or t of St. Helier ;

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

Stopford Road/Gas Works gyratory road scheme: purchase and sale of land - P.183/95

THE STATES commenced consideration of a proposition of the Planning and Environment Committee regarding the purchase and sale of land in connection with the proposed link road improvement to form a gyratory scheme in the area of Wellington Hill, St. Saviour 's Road and Stopford Road junctions together with a further road from the gyratory road to Oxford Road.

After discussion Senator Richard Joseph Shenton, in accordance with Standing Order No. 27(1), proposed that the States move to the consideration of the next item on the order

paper, which proposition was carried, more than 20 members voting in support of the proposition.

Deputy Alan Breckon of St. Saviour and Deputy Philip John Rondel of St. John , having declared an interest in the matter, withdrew from the Chamber prior to the debate.

Draft Island Planning (Amendment No. 7) (Jersey) Law 199 - P.173/95. Withdrawn

THE STATES commenced consideration of the draft Island Planning (Amendment No. 7) Jersey) Law 199 . After discussion the President of the Planning and Environment Committee withdrew the draft Law.

Nicholson Park, Phases V & VI, St. Helier : approval of drawings - P.4/96

THE STATES, adopting a proposition of the Housing Committee -

( a) approved drawings Nos. 1616/20-45,

s how ing the redevelopment of Phases V and V I of the Nicholson Park Estate,

S t . H elier;

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

Television subtitling and bursaries in broadcast journalism - P.177/95

THE STATES, adopting a proposition of the Broadcasting Committee -

( a) agreed that the revenue received from t he appo rtionment of independent

t el ev ision tender payments should be

us ed -

( i) to provide funding towards a local tel evi s ion subtitling service for

the ha r d of hearing, at a cost of

£ 56 ,160 a y ear from 1996 until

200 2;

( ii ) t  o provide funding for bursaries in pos t graduate courses in

br oadc ast journalism, at an

es t im a ted cost of £13,000 a year, fr om 1996 until 2002; and

( b) requested the Finance and Economics C om mittee to take the necessary action.

Suspension of Standing Order No. 31

THE STATES, adopting a proposition of Senator Richard Joseph Shenton, agreed to suspend Standing Order No. 31 (Voting) so that the choice of persons to be nominated to serve as Directors of the Waterfront Enterprise Board Limited might be conducted by secret ballot.

Waterfront Enterprise Board Limited: nomination of Directors - P.15A/96, 16A/96 and 25A/96

THE STATES commenced consideration of the nomination of the following persons for appointment by the subscribers to the Memorandum of Association as Directors of the Waterfront Enterprise Board Limited -

P roposed by the Policy and Resources C ommittee -

S enator Corrie Stein

D eputy Robin Ernest Richard Rumboll of St. H elier

D eputy Frank Harris on Walker of St. Helier

M r. Peter Joseph Crespel M r. Philip Rolfe Daubeney M r. John Claude Tibbo

P roposed by Senator Richard Joseph S henton -

M r. Donald George Filleul

P roposed by Deputy Alastair John Layzell of S t. Brelade -

M r. Robert Lester Le Brocq, Connétable of S t. Helier

D eputy Robin Ernest Richard Rumboll of St. H elier

D eputy Frank Harris on Walker of St. Helier

M rs. Jane Patricia Carter M r. Peter Joseph Crespel M r. Donald George Filleul.

THE STATES having proceeded to a secret ballot, the Bailiff declared that the following had been nominated for appointment as Directors of the Waterfront Enterprise Board Limited -

D eputy Rumboll

D eputy Walker

C onnétable of St. Helier

M r. Crespel M r. Filleul M r. Tibbo.

The results of the ballot were as follows -

D eputy Rumboll 40 vot e s D eputy Walker 3 9 vot es C onnétable of St. Helier 38 vot es S enator Stein 23 vot es

M r. Peter Joseph Crespel 44 vot es M r. Donald George Filleul 39 vot es M r. John Claude Tibbo 31 vot es M rs. Jane Patricia Carter 20 vo tes M r. Philip Rolfe Daubeney 7 vo tes

Airport Dues (Amendment No. 3) (Jersey) Law 199 - P.89/95

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Airport Dues (Amendment No. 3) (Jersey) Law 199 .

Policing of Roads (Amendment No. 7) (Jersey) Regulations 1996 - P.17/96

THE STATES, in exercise of the powers conferred upon them by the Order in Council of the twenty- sixth day of December 1851, Article 49 of the Road Traffic (Jersey) Law 1956, as amended, and the Policing of Roads, Parks and Sea Beaches (Application of Fines) (Jersey) Law 1957, as amended, made Regulations entitled the Policing of Roads (Amendment No. 7) (Jersey) Regulations 1996.

The Royal Bank of Scotland International Limited (Jersey) Law 1995 (Appointed Day) Act 1996 - P.21/96

THE STATES, in pursuance of paragraphs (1) and (2) of Article 10 of The Royal Bank of Scotland International Limited (Jersey) Law 1995, made an Act entitled the Royal Bank of Scotland International Limited (Jersey) Law 1995 (Appointed Day) Act 1996.

Senator Richard Joseph Shenton, having declared an interest in the matter, withdrew from the Chamber prior to the debate.

Company of Town Pilots: loan - P.23/96

THE STATES, adopting a proposition of the Finance and Economics Committee -

( a) authorised the granting of a loan to t he C ompany of Town Pilots for the pur chase of a purpose built pilot boat t o r eplace the current reserve pilot

boat Endurance';

( b) agreed that the loan should not exceed

£ 200,0 00, should bear interest at four

per cent per annum and should be

r ep ayable in equal annual instalments

over a period of ten years.

Jersey Airport: lease to Shell U.K. Limited - P.8/96

THE STATES continued discussion of the proposition of the Harbours and Airport Committee regarding the lease of land, office accommodation and related car parking at Jersey Airport, St. Peter , to Shell U.K. Limited.

After further discussion the Vice-President of

the Harbours and Airport Committee withdrew the proposition pending a report by the Attorney General on the legal consequences for the States if they decided not to grant the lease.

Francis Herbert Amy, Connétable of Grouville , having declared an interest in the matter, withdrew from the Chamber prior to the debate. Draft Health and Safety at Work (Amendment No. 2) (Jersey) Law 199 - P.186/95

THE STATES, having considered the preamble, rejected the draft Health and Safety at Work (Amendment No. 2) (Jersey) Law 199 .

Members present voted on the preamble as follows -

P our '' (18) Senators

S henton, Bailhache , Tomes. Connétable s

S t. Mary, Grouville , St. Saviour .

Deputies

H . Baudains(C), Le Sueur (H),

C outanche(L),Crespel(H), Pullin(S),

C arter(H), Johns(H), Duhamel(S),

M atthews(B), Routier(H), Breckon(S), St. M artin.

C ont re'' (20) Senators

R othwell, Le Main, Le Maistre, Stein, C hinn.

Connétable s

S t. Lawrence, St. Brelade , St. Helier , T rinity, St. Martin .

Deputies

W avell(S), Norman(C), St. Peter , St. Ouen , H uelin(B), Trinity , Layzell(B), Grouville , H uet(H), St. John .

Gambling (Gaming and Lotteries) (Amendment No. 10) (Jersey) Regulations 1996 - P.6/96

THE STATES, in pursuance of Article 3 of the Gambling (Jersey) Law 1964, as amended, made Regulations entitled the Gambling (Gaming and Lotteries) (Amendment No. 10) (Jersey) Regulations 1996.

THE STATES rose at 4.54 p.m.

G .H .C . C O P P O C K G r ef fi e r of the States.