States Minutes 16th January 1996

STATES MINUTES 1 6 t h J a n uary 1996   P ri c e : £ 3 . 0 0

T HE STATES assembled on Tuesday,  16th January 1996 at 10.15 a.m. under t h e Presidency of the Bailiff ,

P hilip Martin Bailhache , Esquire

_ _ _ _ _ _ ______

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 Patricia Ann Bailhache - out of the I sland

L eonard Rene Hamel, Connetable of St.

C lement - ill

J ohn Nicolle Le Fondré, Deputy of St.

L awrence - ill.

_ _ _ _ _ _ ______

P r a y e rs

_ _ _ _ _ _ ______

Senator R.R. Jeune , C.B.E. - congratulations on award

The Bailiff , on behalf of all the members, congratulated Senator Reginald Robert Jeune on his appointment as a Commander of the Most Excellent Order of the British Empire.

The Hon. Bob Ives, M.L.C. of Victoria, Australia - welcome

The Bailiff welcomed to the Island the Hon. Bob Ives, member of the Legislative Council of Victoria, Australia.

Subordinate legislation tabled

The following enactments were laid before the

States, namely -

 1 .  Road Traffic (Saint Martin)

( A m endment No. 6) (Jersey) Order 1996. R & O 8902.

 2 .  Road Traffic (Saint Lawrence)

( A m endment No. 7) (Jersey) Order 1996. R & O 8903.

Matters presented

The following matters were presented to the States -

 J ersey Council for Safety and Health

a t Work: report for the period 1st October 1 994 to 30th September 1995 - R.C.1/96. P resented by the Employment and

S o c ial Security Committee.

P resented on 2nd January 1996 -

 D raft Disability Transport Allowance

 ( Jersey) Law 199 (P.159/95): amendments  ( P.184/95) - comments - P.7/96.

 P resented by the Finance and

E c o nomics Committee.

Matters noted - land transactions

THE STATES noted Acts of the Finance and Economics Committee dated 18th December 1995 and 8th January 1996, showing that, in pursuance of Standing Orders relating to certain transactions

in land, the Committee had approved -

 ( a) as recommended by the Tourism

   C ommittee, the lease to Mr. Brian

M  ic hael Fagan and Mrs. Sheila Anita

F a g an, née Needham, of the land upon

w  h ich the Café Casino, Grève de Lecq,

S t . Ouen, stood for the period from 1st

D ec ember 1995 to 24th December 1997, at a n a nnual rent of £3,000 subject to an

i n cr ease of 2.5 per cent from 25th

D  ec ember 1995 in line with States'

p o l icy;

( b) as recommended by the Public S e r vices Committee -

( i) the acquisition from the Parish of S t. H  e lier of an area of land

(m  e a su ring 53.2 square metres) at T h e Y  ard, Lempriere Street, St. H e li e r , for a consideration of

£1 0 , w ith each side being

re s p o n sible for its own legal

co s t s ; and

( ii ) the sale to the Parish of St.

H e li e r of an area of land

(m  e a su ring 52.3 square metres) in L empriere Street, St. Helier , for

a c o n sideration of £10, with each si d e b e ing responsible for its own le g a l c osts;

i n o rder to facilitate the re-alignment

o f t he area adjacent to Cyril Le

M  a rquand House, The Parade, St. Helier;

 ( c) as recommended by the Finance and

E c o nomics Committee, the lease from V  ic torian Holdings Limited of Flat 2,

V  ic toria House, Victoria Street, St.

H  el ier, to provide accommodation for

c o n tract employees, for a further

p e r iod of two years from 21st January

1 9 9 6, at the current annual rent of

£8 , 498, subject to review on 21st

J a n uary 1997, on the existing terms and c o n ditions;

 ( d) as recommended by the Housing

C o m mittee, the granting to Mrs.

R o s emary Edith Colley, née Kent, of a w  ay leave and rights over public land

a d ja cent to the property La Mondine',

E u r eka Avenue, St. Clement, in order to c o n nect the property to the mains water s u p ply, at a total cost of £3,250,

s u b ject to all legal expenses

a s s ociated with the transaction being

m  et by Mrs. Colley;

 ( e) as recommended by the Housing

C o m mittee, the entering into of a Deed

o f A rrangement with Mr. Stewart Edgar

M  o urant, Mr. Paul Herbert William

S t e phens and Mrs. Anna Stephens, née

M  a ccioni, Mr. Andrew Samuel Hood and M  r s. Denise Cecilia Hood, née Moore ,

   M r. John Sunderland Gleave and Mrs.

S h e ila Elizabeth Gleave, née Carter,

a n d Mr. Ricky Brian Le Huquet and Mrs. C o l leen Mary Le Huquet, née Festou, in

o r d er to ratify boundaries at Le Clos

d e M on Sejour, St. Helier, subject to

t h e Committee contributing the sum of

£1 , 500 towards the settlement sum in a d d ition to being responsible for all

r e as onable legal costs arising from the t ra n saction;

 ( f) as recommended by the Harbours and

A  ir port Committee, the lease to Jersey

E u r opean Airways Limited of an area

m  ea suring approximately 400 square feet w  it hin departure gate No. 10 in the

A  ir port passenger pier, for a period of

n i n e years commencing from a date early i n 1 996 (to be confirmed), at the

u n d ermentioned annual rents -

ra t e a sq u a r e f o o t : Y e a r 1 - £6,000 £ 1 5 Y e a r 2 - £7,200 £ 1 8 Y e a r 3 - £9,200 £ 2 3

w  it h rent reviews at the commencement of y e a rs 4, 5, 6, 7 and 8;

( g) as recommended by the Health and Social S e r vices Committee -

( i) the lease from Mr. Roy Huelin Vibert

o f th e property 7 Baycroft Close, St.

C le m  e nt, for a period of two years

an d s e ven months from 1st December 1 9 9 5 a t an annual rent of £10,223,

su b j e c t to review on 1st July 1996

an d 1 s t July 1997;

( ii ) the renewal of the lease from Mr. Ian R ic h a r d Jayes and Mrs. Viviane Alice Ja y e s , née Pourteau, of the property

B e c h e t Cottage, La Rue Bechet, St.

Jo h n , f or a period of one year from

2 0 th F ebruary 1996 at an annual rent

o f £ 1 0 ,400;

( ii i)  the renewal of the lease from

M r s . J o a n Annie Perée, née Swift,

o f th e p ro perty Flat 4, 73 Rouge

B o u il l o n , St. Helier, for a

p er i o d o f one year from 1st

D e c e m b e r 1995 at an annual rent

o f £ 5 ,0 1 3 .86;

r e q uired in order to provide

s ta f f accommodation;

 ( h) as recommended by the Public Services

C o m mittee, the entering into of a Deed of

A  rr angement with Mr. Victor Emile Feron in

o r d er to clarify the boundary at

1 6 3 Quennevais Park, St. Brelade , subject

   to the wall which had been constructed on

t h e northern boundary with the Railway

W  a lk being declared in the entire

o w  nership of 163 Quennevais Park, with

a c c ess granted onto the Railway Walk in

o r d er to repair and maintain the wall, on

t h e basis that Mr. Feron would pay in full

a l l legal expenses arising from the

t ra n saction;

( i) as recommended by the Public Services C o m mittee,

( i) the acquisition from Communicare of an a r ea of land (measuring 786 square fe e t ) a t the entrance to Don Farm,

S t. B  re lade for a consideration of

£8 7 6 ;

( ii ) the acquisition from the Parish of S t. B  re lade of an area of land

(m  e a su ring 302 square feet) at the en t r a n ce to Don Farm for a

co n s i d eration of £10; and

( ii i)  the sale to the Parish of St.

B r el a d e o f an area (measuring  2 , 4 0 0 square feet) at the

en t r a n c e to Don Farm for a

co n s i d e ra tion of £10;

s u b ject to the Sport, Leisure and

R e c reation Committee being responsible for a l l the costs of the road improvement,

l a nd acquisition and associated legal

c o s ts;

 ( j) as recommended by the Sport, Leisure and R e c reation Committee, the sale to Mr. Alan O  'P rey and Mrs. Elizabeth O'Prey, née

M  a cnamara, of an area of land (measuring 2 0 square feet) in Springfield Lane, St.

H el ier, for a consideration of £20 with

t h e Committee being responsible for all

r e as onable legal costs involved in the

t ra n saction;

 ( k) as recommended by the Planning and

E n v ironment Committee, the lease to Mr.

B e r nard Anthony Copple of the

u n d ermentioned four plots of land at Les M  ie lles des Morville, La Grande Route des M  ie lles, St. Ouen, for a further period of

t h re e years from 28th February 1995, with a n o ption to renew for a further term of

t h re e years subject to the rent being

r e v iewed in line with open market rentals, f o r the following rents -

( i) £30 a year for the general grazing ri g h ts in respect of -

A . an area of open land

w h i ch i n corporated Field

N o . 1 5 6 5 , St. Ouen (measuring

ap p r o x i m ately 47.5 vergées); and

B . l a n d to the north of Les

L a v e u rs slipway which

in c o r p o ra ted Field No. 1321, St. O u e n ( m  easuring approximately 9 .5 v e rg é es);

( ii ) £80 a year for plot 102 comprising

F ie l d s Nos. 1580 and 1605, St. Ouen (m  e a su ring 14 vergées); and

( ii i)  £100 a year for plot 121

co m  p r is i ng Field No. 1605, St. O u e n ( m  easuring 7.5 vergées);

s u b ject to the same terms and conditions a s a t present with the following

r e st rictions -

1 . no pesticides (including weedkillers)

o r fe r t iliser to be applied to the

la n d ;  

2 . no ploughing or cultivation to be

u n d er t aken without prior consultation w i th th e Conservation Officer; and

3 . no trees or hedgerows to be damaged

o r re m  oved;

 ( l) as recommended by the Housing Committee, t h e lease to the Jersey Electricity

C o m pany Limited of electricity sub-station

N  o . 354 at Clos de L'Eglise, Grouville ,

f o r a period of 99 years at an annual rent

o f £ 1, on the basis that each party would

b e r esponsible for its own legal costs,

w it h the sum of £100 being paid in full at

t h e commencement of the contract

r e p resenting the rent due for the new and

o r ig inal agreements, and with the lease to i n cl ude the granting of a wayleave across L e Clos de L'Eglise, Grouville , as

n o t ified to the States on 24th May 1995;

 ( m) as recommended by the Housing Committee, t h e incorporation of a section pillar,

f re e of charge, into the corpus

f u n di of the existing lease to the

J e rs ey Electricity Company Limited of a

s u b -station at Nicholson Park, St.

S a v iour.

Matters noted - financial transactions

THE STATES noted Acts of the Finance and Economics Committee dated 18th December and 8th January 1996, showing that, in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that -

 ( a) the Housing Committee had accepted the l o w est of six tenders, namely that

s u b mitted by J.F. Marett and Son Limited i n t he sum of £516,667.00 in a contract

p e r iod of 44 weeks, for the redevelopment

o f S t. Helena House, 9/11 Don Street, St.

H  el ier;

 ( b) the Education Committee had accepted the l o w est of six tenders, namely that

s u b mitted by J.F. Marett and Son Limited

i n t he revised sum of £2,165,800, for the

e x te nsion and refurbishment of Plat Douet S c h ool, St. Saviour ;

 ( c) the Harbours and Airport Committee had

a c c epted the lowest of eight tenders,

n a m ely that submitted by Charles Le Quesne ( 1 9 56) Limited in the sum of £427,659.00

f o r the extension to the cafeteria at the

E lizabeth Harbour Terminal, St. Helier .

Matters lodged

The following subjects were lodged au Greffe'' -

1 . Jersey Airport: lease to Shell UK L i m ited - P.8/96.

P r e sented by the Harbours and

A  ir port Committee.

2 .  Jersey Airport: lease to Esso

P e t roleum Limited - P.9/96.

P r e sented by the Harbours and A  ir port Committee.

 3 .  Jersey Airport: lease to

I n te rnational Energy Group Limited and S p e llbound Limited - P.10/96.

P r e sented by the Harbours and

A  ir port Committee.

4 . Elysée Estate redevelopment -

P h a se I: approval of drawings - P.11/96. P r e sented by the Housing Committee.

5 . St. Ouen - homes for the elderly: f in a ncial assistance - P.12/96.

P r e sented by the Finance and

E c o nomics Committee.

6 . 1 Newtown Buildings, David Place, S t . Helier: sale - P.13/96.

P r e sented by the Health and Social

S e r vices Committee.

 7 .  Environmental Adviser to the States

o f J ersey: extension of contract -

P . 1 4/96.

P r e sented by the Establishment

C o m mittee.

 8 .  Waterfront Enterprise Board

L i m ited: appointment of Chairman and D ir ectors - P.15/96.

P r e sented by the Policy and

R e s ources Committee.

L odged on 2nd January 1996 -

 8 .  Crabbé ranges, St. Mary: transfer

o f a dministration - P.1/96.

P r e sented by the Defence Committee.

 9 .  Fields 89 to 91, 108 to 110, 115,

3 2 8 , 330 and 331, St. Mary: transfer of a d m inistration - P.2/96.

P r e sented by the Defence Committee.

 1 0. St. Agatha, Archirondel, St.

M a rtin: sale and transfer of land -

P . 3 /96 (Revised)

P r e sented by the Housing Committee.

 1 1. Nicholson Park, Phases V and VI,

S t . Helier: approval of drawings - P.4/96. P r e sented by the Housing Committee.

1 2. St. Anne's School, St. Helier : a p p roval of drawings - P.5/96. P r e sented by the Education

C o m mittee.

 1 3. Draft Gambling (Gaming and

L o t teries) (Amendment No. 10) (Jersey) R e g ulations 199  - P.6/96.

P r e sented by the Gambling Control

C o m mittee.

Arrangement of public business for the present meeting

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

D raft Finance (Jersey) Law 199 - P.179/95.

L odged: 5th December 1995.

F inance and Economics Committee.

D raft Anatomy and Human Tissue

( Amendment) (Jersey) Law 1995 (Appointed Day) A ct 199  - P.181/95.

L odged: 12th December 1995.

H ealth and Social Services Committee.

D raft Vienna Document (Privileges and

I mmunities) (Jersey) Law 199  - P.117/95. L odged: 29th August 1995.

P olicy and Resources Committee.

L icensing Law: proposed amendments - P .178/95.

L odged: 5th December 1995.

T ourism Committee.

S t. Anne's School, St. Helier : approval

o f drawings - P.5/96.

L odged: 2nd January 1996

E ducation Committee.

E uropean Convention for the Protection

o f Human Rights and Fundamental Freedoms: A rticles 25 and 46 - P.187/95.

L odged: 19th December 1995.

P olicy and Resources Committee.

P rojet de Loi (199 ) (Amendement No. 12) s ur l'Etat Civil - P.182/95.

L odged: 12th December 1995.

C omité de l'Etat Civil.

F irst Tower School, St. Helier: purchase

o f property - P.185/95.

L odged: 19th December 1995.

P lanning and Environment Committee.

C rabbé ranges, St. Mary: transfer of a dministration - P.1/96.

L odged: 2nd January 1996.

D efence Committee.

F ields 89 to 91, 108 to 110, 115, 328, 3 30 and 331, St. Mary: transfer of

a dministration - P.2/96.

L odged: 2nd January 1996.

D efence Committee.

S t. Agatha, Archirondel, St. Martin:

s ale and transfer of land - P.3/96 (Revised). L odged: 2nd January 1996.

H ousing Committee.

Arrangement of public business for the next meeting on 30th January 1996

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

next meeting on 30th January 1996 -

F ield 1007, St. John: petition - P.8/95.

L odged: 31st January 1995 and referred to the P lanning and Environment Committee.

S enator V.A. Tomes.

R eport of the Planning and Environment

C ommittee presented to the States on 26th

S eptember 1995 - P.134/95.

V ictoria College: Board of Governors - P .126/95.

L odged: 12th September 1995.

D eputy F.J. Hill of St. Martin .

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

L odged: 28th November 1995.

P lanning and Environment Committee.

D raft Criminal Procedure ( Connétable s

a nd Centeniers) (Jersey) Law 199  - P.180/95. L odged: 12th December 1995.

L egislation Committee.

Stopford Road/Gas Works Gyratory Road S cheme: purchase and sale of land - P.183/95. L odged: 12th December 1995.

P lanning and Environment Committee.

D raft Health and Safety at Work

( Amendment No. 2) (Jersey) Law 199  - P .186/95.

L odged: 19th December 1995.

E mployment and Social Security

C ommittee.

N icholson Park, Phases V and VI, St. H elier: approval of drawings - P.4/96. L odged: 2nd January 1996.

H ousing Committee.

D raft Gambling (Gaming and Lotteries)

( Amendment No. 10) (Jersey) Regulations 199  - P .6/96.

L odged: 2nd January 1996.

G ambling Control Committee.

J ersey Airport: lease to Shell

U K Limited - P.8/96.

L odged: 16th January 1996.

H arbours and Airport Committee.

J ersey Airport: lease to Esso Petroleum L imited - P.9/96.

L odged: 16th January 1996.

H arbours and Airport Committee.

J ersey Airport: lease to International

E nergy Group Limited and Spellbound Limited - P .10/96.

L odged: 16th January 1996.

H arbours and Airport Committee.

E lysée Estate redevelopment - Phase I: a pproval of drawings - P.11/96.

L odged: 16th January 1996.

H ousing Committee.

S t. Ouen - homes for the

e lderly: financial assistance - P.12/96. L odged: 16th January 1996.

F inance and Economics Committee.

1 Newtown Buildings, David Place,

S t. Helier: sale - P.13/96.

L odged: 16th January 1996.

H ealth and Social Services Committee.

E nvironmental Adviser to the States of J ersey: extension of contract - P.14/96.

L odged: 16th January 1996. E stablishment Committee.

Projet withdrawn

THE STATES noted that, in pursuance of Standing Order 17(6), the following subject, which had been lodged au Greffe'' on 26th April 1994, had been withdrawn -

C ôte du Nord Hotel, Trinity : petition -

P .56/94.

D eputy I.S. Nicholls of Grouville .

R eport of the Planning and Environment C ommittee presented to the States on 25th A pril 1995 - P.51/95.

Manpower strategy - questions and answers (Tape No. 320)

Deputy Gary Matthews of St. Brelade asked Deputy Frank Harris on Walker of St. Helier , President of the Establishment Committee, the following questions -

1.  I n his statement to members on 12th

D e c e m ber 1995 on Manpower Strategy, th e P re sident of the Establishment

C o m m  ittee advised members of the

C o m m  ittee's policy that future

ad d itional manpower requests would

n ee d to be supported by compensatory m a n p o wer savings. In the President's

v ie w , d oes this policy amount to a

j o b f re eze'?

 2 .  Also in the President's statement he

m  en tioned that the new five-point action

p l an will result in much greater

e f fi ciency in the public sector and

s a v ings of millions of pounds'. Would the

P r e sident advise members how much money w ould be saved and in what particular

a r ea s?''

The President of the Establishment Committee replied as follows -

1.  I n answering this question, I should

fi rs t l ik e to remind the Deputy that

th i s p a rt of my statement to the

H o u s e on 12th December, 1995, was not

n ew  . I ndeed, it is States policy,

co n f i rm ed in the last two Strategic

P o li c y debates, that additional

m a n p o wer requests need to be

su p p o r ted by compensatory manpower sa v i n g s.

I d o not in any case accept that this

p o l icy amounts to a job freeze' as such

a n d I consider this to be a misleading

d e s cription. It suggests no movement or

f le x ibility whereas the policy is

s p e cifically designed to allow those

D  ep artments who will inevitably, from time t o t ime, need to increase their staff

n u m bers to do so provided that the overall

t o ta l for the public sector does not

i n cr ease.

D  es pite these policies, and after a

s u c cessful year in 1994/5, the 1996 wage b i ll , following the outcome of the cash

l im  it exercise is estimated to rise by

s e v en per cent.

M  y Committee views this quite unacceptable f ig u re with dismay and is taking the

a c ti on outlined in my statement of 12th

D  ec ember to address it.

 2 .  In my statement on 12th December 1995, I s a id that my Committee is firmly of the

v i ew ' that its five-point strategy will

re p resent an excellent investment which

w  il l result in much greater efficiency in

t h e public sector and savings of millions

o f p ounds in the future. My Committee

s ta n ds by that view.

H  o wever, it is clearly much too early, at

t h is stage, to accurately forecast what

t h o se savings  will be and from which

a r ea s they will come. Any figure I gave

w  o uld be purely speculative, and would, in m  y view, be unhelpful and potentially

m  is leading in this instance.

O  n e of the main points of our plan is to

c o m mission externally conducted service r e v iews of Departments' efficiency. Once t h es e are in progress, we will be in a

b e tt er position to identify where the

s a v ings will come from. With a paybill of

£1 6 9m for 1996, even a relatively modest i n cr ease in efficiency will result in

a n n ual savings of millions of pounds.'' Gambling (Amendment No. 4) (Jersey) Law 199  - questions and answers (Tape No. 320)

Deputy Gary Matthews of St. Brelade asked Deputy Thomas John du Feu of St. Peter, President of the Gambling Control Committee, the following questions -

1.  O n 19th December 1995, the States

ad o p t e d the draft Gambling (Amendment N o . 4 ) (Jersey) Law 199 (P.170/95) -

W  o uld the President explain the meaning of

t h e word stranger' in the context of the

a d o pted Amendment Law and the Regulations t h at are proposed to be made as a result

o f t he Amendment?

2 . Would the President advise -

( a ) what type of business the Committee is s e e k ing to attract through the

m e d i u m of the Regulations; and

( b ) whether those attracted to bet in th e Is l and within the scope of the p ro p o s ed Regulations would be

en c o u r aged to avoid paying tax in th e i r o wn countries?

 3 .  Does the President consider that the

a r ra ngements contained in the adopted

A  m endment are in the best interests of the I s la nd, and in what way will they

c o n tribute to the Island's good reputation

o v e rseas?''

The President of the Gambling Control Committee replied as follows -

1.   A stranger' in the context of

A r ti c le 10 of the Gambling Law 1964,

as a m e nded, means a person who is not

ac t u a ll y present in the Island and

in c l u d es a corporate body whether

in c o r p orated in the Island or

el s e w h ere. The amendment would permit sp e c i fi ed betting transactions, with

p er s o n s in certain countries, but

w o u l d exclude those persons in the

C h a n n el Islands, the United Kingdom

an d N o rthern Ireland from placing

b et s i n the Island.

 2 .  (a)  The Committee will be removing the an o m  a ly which exists between the

Is l an d and the United Kingdom on the h an d l i ng of International Credit

B e tt in g transactions. The amendment w o u l d put the Island on the same

p la n e a s the United Kingdom where

b et t in g transactions are received

fr o m n on residents on the outcome of a v a r ie ty of sporting events.

( b)  The Committee is aware that

In t e rn a tional Credit Betting clients

w o r ld - wide currently also use

o th e r t erritories. This amendment

w o u l d enable them to use Jersey and al s o a v oid the effect of the United

K i n g d om betting duty, with the added ad v a n t age of being offered better

o d d s. T he proposed Regulations are

n o t d e signed to encourage non

re s id e n ts to avoid paying tax in

th e i r o wn countries. Many countries

d o n o t have a betting tax. Non

re s id e n ts wish to place bets outside

th e i r o wn countries for a variety of

re a s o n s and the position taken by the C o m m  ittee on the matter is in

p ar a l le l with the general approach

ad o p t e d in providing financial

se r v ic e s to non residents.

 3 .  The Committee at a very early stage,

s o u ght the assistance and guidance of the

C h i ef Adviser, the Law Officers of the

C r o wn and the Finance and Economics

C o m mittee, fully discussing the

i m p lications of the amendment with them, i n d eed, the Committee has received advice a n d input from all three which will be

r e fl ected in the Regulations and controls.

I n o rder to protect the best interests of

t h e Island only companies of the highest

i n te rnational reputation would be

c o n sidered. Any prospective company

w  is hing to apply for a strangers licence

m  u st first be a Jersey registered company

w  h ich would naturally already have passed

t h e stringent tests of the Finance and

E c o nomics Committee, for the incorporation

o f a Jersey company and for a licence

u n d er the Regulation of Undertakings and

D  ev elopment Law.''

The 1996 legislation programme - statement

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

1.  T he States on 28th September 1995

ap p r o v ed the States legislation

p ro g r a mme for 1996 set out in

A p p e n dix 4.4 of the Strategic Policy

R e v ie w 1995 Part II. Since that

d ec i s io n was made the Policy and

R e s o u rces Committee has received

re q u e s ts from a number of States

C o m m  ittees for legislation that was

n o t in c luded in the prioritisation

ex e r c is e upon which the 1996

le g i sl a tion programme was based to be in s e rt e d into that programme.

 2 .  The Committee therefore has decided that

i t sh ould set out clearly for the benefit

o f a ll Committees of the States, and of

S t a tes members generally, the procedure it

w  il l follow when a request is made for a

n e w Law or an amendment to an existing Law t o b e included in the approved legislation

p r o gramme for the current year.

 3 .  When such a request is made the Committee w  il l expect the procedures set out in

p a r agraphs 5.4 to 5.7 of the Strategic

P o l icy Review Part II to be followed and

w il l not consider the request unless -

( i) a request' questionnaire has b ee n c ompleted satisfactorily;

( ii ) a compliance cost/benefit assessment h as b e en completed, clearly

id e n t if ying the costs and benefits of

  t h e p roposals to the Island;

( ii i)  the relevant Department has

p ro d u c e d properly researched and co m  p r e h ensive drafting

in s tr u c t io ns;

( iv ) the Law Officers have been consulted an d t h eir advice obtained where it is

ap p r o p riate that this should be done.

W  it h the benefit of this information

t h e Committee will then seek from the Law D  ra ftsman an estimate of the law drafting

r e so urces required.

4 . If the Committee is satisfied that t h e request -

( a ) could not have been foreseen, is

ex t r e m ely urgent and cannot await the n ex t co mprehensive prioritisation

ex e r c is e; and

( b ) can be considered to have a very

h ig h p riority in relation to the

le g i sl a tion already in the programme,

if t h e c riteria used in the

p ri o ri t isation exercise upon which

th a t p r ogramme was based are applied;

t h e Committee will insert the request into t h e current programme following

c o n sultation with the Committee(s) whose l e gi slation has the lowest priority in the

c u r rent programme and which therefore

c o u ld be expected to be lost from that

p r o gramme as a result of the insertion of

t h e new request.

 5 .  The Policy and Resources Committee would h o p e that all Committees of the States,

a n d individual members, would accept and

w o rk with this procedure. Any Committee or m em ber of the States can of course bring a

p r o position to the States calling upon the

S t a tes for support in the drafting of

l e gi slation. The Committee would expect

t h e States not to agree to debate such a

p r o position until the assessment process

t h at I have outlined in this statement has

b e e n undertaken by the Policy and

R esources Committee in conjunction with

t h e Law Draftsman and the sponsoring

C o m mittee so that the result of that

a s s essment can be reported to the States.

 6 .  The Policy and Resources Committee

w  o uld intend to report to the States as

a p p ropriate on the requests that have been r e ce ived for legislation to be inserted

i n to the approved legislation programme, a n d on what decisions the Committee has t a ke n following its assessment of those

r e q uests.

 7 .  In the Strategic Policy Review 1995 Part I I, i n the section on the legislation

p r o gramme, reference is made to the

i m p ortance of good drafting instructions b e in g prepared by Departments. I can

i n fo rm members that, with the assistance

o f t he United Kingdom Civil Service

C o l lege, officers in a number of

D  ep artments have already attended an all- d a y seminar on the preparation of drafting i n st ructions and one other seminar is

p l an ned to take place this year.

 8 .  The Policy and Resources Committee would a l so wish to take this opportunity to

r e m ind members that, as stated in

p a r agraph 5.7 of the Strategic Policy

R e v iew Part II, all legislation when

p r e sented to the States should have

a t ta ched a report indicating what, if any,

e n v ironmental, economic and social impact

t h er e will be of both a positive and

n e g ative nature. In addition, reference

s h o uld be made to the general benefits to

b e d erived and the costs to be incurred by

r e si dents of the Island arising from the

l e gi slation, and the resources required to

p u t the legislation into effect including

t h e knock-on effect the legislation might

h a v e on other Committees/ Departments'.

 9 .  In conclusion I would very much hope that I a n d my Committee can count upon all

C o m mittees of the States, and members

g e n erally, to support it in the

a p p lication of the procedure for

c o n sidering requests for legislation as

s e t out in this statement.''

Home Office meeting regarding nuclear issues - statement

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

  A meeting was held at the Home Office on  F riday, 5th January 1996, at the request of

 t he Insular Authorities, to discuss -

 1 .  the dumping of radioactive material in the H  u rd Deep, and any other areas adjacent to t h e Channel Islands;

 2 .  the possible expansion of the French n u c lear industry in the Cotentin

P e n insular;

3 . the shipment of nuclear materials to and f ro m the nuclear reprocessing plant at La H ag ue through Cherbourg.

T he meeting was of such importance that I b elieve it should be the subject of official r ecord.

T he meeting was attended by representatives f rom Jersey, Guernsey, Alderney and the Isle

o f Man. The Jersey and Guernsey delegations a lso were supported by their independent

t echnical adviser, Sir John Knill, who for

e ight years until 1995 was Chairman of the

R adioactive Waste Management Advisory

C ommittee in the United Kingdom.

T he meeting is generally considered to have

b een a useful first step in obtaining the

i nformation necessary before Island residents

c an be assured that their interests are being

a dequately safeguarded. The meeting also gave

t he Insular Authorities the opportunity to

i mpress upon the many officials of Her

M ajesty's Government who attended the meeting, w hich was arranged without delay and chaired

m ost effectively by Mr. Peter Honour of the

H ome Office, the importance the Authorities

a ttach to resolving the matters under

d iscussion in a manner satisfactory to the

I slands. I wish to take this opportunity to

i nform the House that the Home Office

o fficials, as always, gave the Insular

A uthorities considerable assistance and I have

e very reason to expect them to continue to do

s o in the future.

T he meeting identified a number of areas

w here further information is required and

f urther action needs to be taken. The further s teps to be taken include -

 1 .  obtaining further details of the dump

s it e s from the United Kingdom Atomic E n e rgy Authority at Harwell;

 2 .  obtaining details of French dumping in the C h a nnel, if any, from the French

A  u thorities;

 3 .  reviewing the adequacy of the present m  o nitoring programme;

 4 .  assessing the costs of a seabed survey and c o n sidering how best this might be

u n d ertaken;

 5 .  requesting Her Majesty's Government to a p p roach the French authorities to ask

t h em to agree to enter into consultations,

i n v olving Island representatives in a

s im  ilar way to the discussions that have

t a ke n place with the French through the

F o r eign Office on the territorial waters

a n d fishing limits issues, in accordance

w  it h Article 17 of the Convention on

N  u clear Safety that both the British and

F r e nch Governments have recently ratified;

 6 Obtaining further information regarding t h e shipment of nuclear materials.

T he next step will be for Sir John Knill

together with the relevant officers from

J ersey and Guernsey to meet to discuss what

f urther information is required and how it

m ight be best obtained. The Policy and

R esources Committee, and the Advisory and

F inance Committee in Guernsey, have complete c onfidence in Sir John Knill as a person of

c onsiderable ability and experience who has

s hown already ample evidence that he will

s erve the Island's interests extremely well in

f urther investigating and evaluating the

i nformation that has been and is to be

o btained. Once the Policy and Resources

C ommittee and the Advisory and Finance

C ommittee in Guernsey have had an opportunity

o f considering the additional information to

b e received through technical level meetings,

w ith the benefit of advice from Sir John

K nill, a decision will be taken on what

f urther meetings are required between

r epresentatives of the Insular Authorities and

H er Majesty's Government including, if

n ecessary, a meeting at ministerial level with

t he Jersey and Guernsey delegations being led

b y the Bailiff of each Island.

I will keep the House informed of further p rogress on these matters.''

Disability Transport Allowance - statement

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

  Members perhaps expected to have debated

 t oday a proposition (P.159/95) lodged by my

 C ommittee in November 1995, and the amendments  ( P.184/95) lodged by Senator Stuart Syvret.

F ollowing publication of the comments of

t he Finance and Economics Committee (P.7/96)

o n the latter, when it was noted that the F inance and Economics Committee would make a vailable to my Committee a sum of up to