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STATES MINUTES 21s t M ay 19 96 P ri c e : £ 1.50
T HE STATES assembled on Tuesday, 21s t May 1996 at 9.30 a.m. under
t he 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 as pr e sent.
__ _______ ___
All members were present with the exception of -
S enator Jean Amy Le Maistre - out of the I sland
F rancis Herbert Amy, Connétable of
G rouville - out of the Island
J ack Roche, Connétable of St. Saviour - ill C arlyle John Le Herrissier Hinault,
C onnétable of St. John - ill
J ohn Nicolle Le Fondré, Deputy of St.
L awrence - ill
M argaret Anne Le Geyt, Deputy of St.
S aviour - ill
__ _______ ___
P r aye rs
__ _______ ___
Tribute to the late Mr. C.G. Farley, former Member of the House
The Bailiff paid tribute to the late Mr. Clarence George Farley, former Deputy and Senator.
THE STATES observed one minute's silence as a mark of respect.
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Road Traffic ( Trinity )
( A m endment No. 2) (Jersey) Order 1996. R & O 8931.
2 . Court of Appeal (Remuneration of
O r di nary Judges) (Jersey) Order 1996. R & O 8932.
3 . Royal Court (Remuneration of
C om missioners) (Jersey) Order 1996. R & O 8933.
4 . Road Traffic (Speed Limits)
( Je r sey) Order 1996. R & O 8934.
Public Services Committee - appointment of member
THE STATES appointed Deputy Alan Breckon of St. Saviour as a member of the Public Services Committee.
Employment and Social Security Committee - appointment of member
THE STATES appointed Senator Vernon Amy Tomes as a member of the Employment and Social Security Committee.
Matters noted - land transactions
THE STATES noted an Act of the Finance and Economics Committee dated 13th May 1996, showing that, in pursuance of Standing Orders relating
to certain transactions in land, the Committee
had approved -
( a) as recommended by the Health and Social S er vices Committee, the sub-lease to
S er vain Limited by Mr. Maurice George
V o w den and Mrs. Eileen Maria Vowden,
neé Bulman, of 52 Don Street, St.
H e l ier, for the remaining portion of
t he H ead Lease until 24th June 1998;
( b) as recommended by the Health and Social S er vices Committee, the renewal of the
l eas e from Mr. Christian John Langlois
and M rs. Christine Louise Langlois, née
H o l borrow, of the three-bedroom
pr operty 2 Bel Royal Gardens, St.
L aw rence, for a period of one year from
16t h February 1996 at an annual rent of
£ 10,64 0;
( c) as recommended by the Planning and E nvi ronment Committee, the review of r en t in accordance with open market
val ues with effect from 25th December 1994 i n respect of the 25-year lease
f rom 29th September 1984 to Messrs. A n dr ew Le Gallais and Paul Houzé of F i e ld No. 107, Maufant Road, St.
S avi our (measuring 18.6 vergées),
an a nnual rent of £1,250 payable in
adva nce;
( d) as recommended by the Planning and
E nvi ronment Committee, the renewal of t he l ease to Mr. Vernon Stuart Pallot
of l and (measuring 3.30.0 vergées) at
L e P ré de la Reine, Grouville , for a
per iod of three years from 25th
D e cem ber 1995 at an annual rent of
£ 135.0 0 (representing a rate of
appr oximately £37 a vergée), on the
exi s ting terms and conditions;
( e) as recommended by the Public Services C om mittee, the lease to Mr. Colin
G r aha m Luce of L'Etacq Engineering
L i m ited, of an area of land at L'Etacq
car par k, St. Ouen , for a period of
t hr ee years from 1st January 1994 at an annua l rent of £210, subject to annual
r en t review;
( f) as recommended by the Public Services C om mittee, the entering into of a Deed of A rrangement with Mr. Peter Boris
Met calf and Mrs. Mavis Metcalf, née
R ennel l, to clarify the boundary at 163
Q u enne vais Park, St. Brelade , subject
t o t he conditions which had previously been agreed and to the owner being
r es pons ible for all legal costs
i nv olved in the transaction;
( g) as recommended by the Public Services C om mittee, the lease to Mr. Ronald John R ebour g of Field No. 15, Mont à la
B r une , St. Brelade , for a period of
t hr ee years, with an option to renew
f or a f urther three years, at an annual
r en t of £50, subject to annual review,
w i t h each party being responsible for
i ts ow n legal costs involved in the
t rans action;
( h) as recommended by the Public Services C om mittee, the acquisition from the
V i gne tte Trust Company Limited of
517 s quare feet of land at the junction
of L a Route des Genets and La Rue Don, S t . B relade, required for road
w i den ing, for a consideration of £517, w i t h the Committee being responsible f or al l reasonable costs involved in
t he t ransaction, and also for the
paym ent of £11.49 to each tenant for
t he i nconvenience caused during the cons truction period together with the
r ea s onable legal costs incurred by each of t he tenants in varying their leases;
( i) as recommended by the Housing
C om mittee, the entering into of Deeds
of A rrangement with Mr. Paul Derek
B ol ton and Mrs. Anne Bolton, née
S w eeney, and Mr. Edgar John Perron, for t he gr anting of new drainage rights to
r ec ogni se the existing situation in
r es pec t of the drainage system which
s er ved t he properties known as No. 112
S t . S aviour's Road and No. 113 St.
S avi our's Road, St. Helier , which
pr e sently ran in a westerly direction
acr os s the old Gas Works site (now
know n as Westley Court), for the
paym ent of a single capital sum of £250 t o e ach party on the basis that the
C om mittee was to be reimbursed with all r ea s onable legal fees incurred in the
t rans action and that all other terms
and c onditions were to be reserved
m at ters to be agreed between the Law
O f f icers' Department and the owners of
N o s . 112 and 113 St. Saviour 's Road,
S t . H elier;
( j) as recommended by the Housing
C om mittee, the entering into of a Deed of A rrangement with Aldham Properties L i m ited in respect of No. 78 Stopford
R oad, S t. Helier, subject to -
( i) drainage rights being granted from the pr oper ty known as No. 78
S topf o rd Road, across the public
land, w ith these rights being only
to cove r the two residential units
an d not to be extended to any
int e ns i fication or change of use
of t he s ite; and with the public
ex pr es sly reserving the right to
re - loca te the existing drainage
sy s t e m ;
( ii ) t he continued encroachment towards the pub lic's land by the current
ex t en s ion to the property being
pe r m it ted on the basis that, among
ot her t hings, no further new
en cr oa chments were to be
pe r m it ted; if the extension or the pr oper ty was to be redeveloped then t he e ncroachment was to cease an d any n ew buildings set back
ac cor di ngly; and the granting of thes e r ights would not prejudice the f ul l rights of the public to
bui l d upon i ts land which
ne i ghb oured the property;
( ii i) t hat in consideration of the
above ri ght s, the payment to
the C om m ittee of £1,000 for
the b enef it of drainage
ri g ht s ; an d £750 for the
cont i nue d enc roachment to the p ubl i c l and; and
( iv ) all legal costs and fees incurred by t he transaction being borne by A l d ham Properties Limited;
( k) as recommended by the Harbours and
A i r port Committee, the lease to Mr.
A u gus to Alberto De Aguiar Matos of the S ai lors Rest Café, New North Quay, Port of S t. Helier, for a period of one year
f rom 1st April 1996, at an annual rent
of £ 9,324 payable quarterly in advance;
( l) as recommended by the Health and Social S er vices Committee, the lease from Mr.
D e r ek Horsfall and Mrs. Eileen
H o r sfall, née Chapman, of the property
H o l ly Tree House, La Grande Route de
S t . J ean, St. Helier , for a period of
t w o ye ars from 1st August 1996, at an
annua l rent £14,820 with an option to
r en ew for a further year at a revised
annua l rent and with a three month
per iod of notice in the third year;
( m) as recommended by the Health and Social S er vices Committee, the renewal of the
l eas e from Mr. John Baxter Marett of
t he f our-bedroom property Mont St.
Mi chel , New St. John 's Road, St.
H e l ier, for a further period of two
year s from 1st April 1996, at an annual
r en t of £11,792 subject to an increase
on 1s t April 1997, with all other terms
and c onditions remaining as contained
i n t he existing lease, including the
cl aus e which gave the Committee the
opt ion of exercising a three month
not ice period;
( n) as recommended by the Defence
C om mittee, the granting of a Wayleave t o t he Jersey Electricity Company
L i m ited in respect of the laying of a
cabl e through Field No. 121, St. Mary ,
f ree of charge, subject to the Company bei ng r esponsible for all associated
l egal and accommodation costs and
s ubj ect to conditions specified in the
C om mittee's Act, dated 25th April 1996;
( o) as recommended by the Probation
C om mittee, the lease from Mrs. Elsie L oui sa Cadoret, née Le Brun, of the
s hed at Bareada, La Rue à Georges, St. Mar y, for the establishment of a
C om munity Service Workshop, for a
per iod of three years from 20th May
1996, a t an annual rent of £9,000, on
t he bas is that the Committee was to be r es pons ible for the repair and
condi tion of the interior of the
pr e mises, with Mrs. Cadoret being
r es pons ible for all structural repairs
and i nsurance, and with each party
bei ng r esponsible for its own legal
cos ts associated with the transaction;
( p) as recommended by the Public Services
C om mittee, the purchase from F.B.F.
D e vel opments Limited of an area of land
m easuring approximately 745 square feet
at t he junction of Castle Street and
C om mercial Street, St. Helier for a
cons ideration of £745 with the
C om mittee being responsible for the
paym ent of all reasonable legal costs
i nv olved in the transaction and for the
nece ssary accommodation works involved;
( q) as recommended by the Agriculture and F i sher ies Committee, the annulment of
t he ni ne-year lease from 31st March
1989 t o Mr. John Gordon Hervé of Fields N o s . 89, 90, 91, 108, 109, 110, 115,
328, 33 0 and 331, St. Mary , with effect
f rom 25th December 1995.
Matters lodged
The following matters were lodged au Greffe'' -
1 . Draft Bankruptcy (Désastre)
( A m endment No. 2) (Jersey) Law 199 - P .80/ 96.
P r es ented by the Finance and
E conom ics Committee.
2 . Jersey Heritage Trust: loan - P .81/ 96.
P r es ented by the Finance and E conom ics Committee.
3 . Colomberie Close, St. Helier :
as si gnment of lease to the public - P .82/ 96.
P r es ented by the Employment and S oci al Security Committee.
4 . D'Hautrée School, St. Saviour : s taf f - P.83/96.
P r es ented by Deputy J.L. Dorey of S t. Helier and referred to the E duca tion Committee.
5 . Draft Limited Liability
P ar tnerships (Jersey) Law 199 -
P .84/ 96.
F i na nce and Economics Committee.
Arrangement of public business for the next meeting on 18th June 1996
THE STATES confirmed that the following matters lodged au Greffe'' would be considered at the
next meeting on 18th June 1996 -
E stablishment of a casino in Jersey -
P .36/96.
L odged: 27th February 1996 and referred to t he Gambling Control Committee
S enator R.J.Shenton.
E stablishment of a casino in Jersey ( P.36/96): amendment - P.66/96. L odged: 30th April 1996.
D eputy A. Breckon of St. Saviour .
D raft Licensing (No. 10)
( Jersey) Regulations 199 - P.79/96.
L odged: 14th May 1996 in Second Reading. T ourism Committee.
D raft Bankruptcy (Désastre)
( Amendment No. 2) (Jersey) Law 199 - P .80/96.
L odged: 21st May 1996.
F inance and Economics Committee.
J ersey Heritage Trust: loan -
P .81/96.
L odged: 21st May 1996.
F inance and Economics Committee.
C olomberie Close, St.
H elier: assignment of lease to the p ublic - P.82/96.
L odged: 21st May 1996.
E mployment and Social
S ecurity Committee.
2 to 10 Halkett Place and 21 and 23
H ill Street, St. Helier development:
f inancing - P.58/96 (Revised).
L odged: 16th April 1996.
P lanning and Environment Committee.
D 'Hautrée School, St. Saviour :
s taff - P.83/96.
L odged: 21st May 1996 and referred to the E ducation Committee
D eputy J.L. Dorey of St. Helier .
D raft Limited Liability Partnerships ( Jersey) Law 199 - P.84/96.
L odged: 21st May 1996
F inance and Economics
C ommittee.
St. Aubin: land reclamation - P.73/96
THE STATES acceded to the request of the Connétable of St. Brelade that the proposition regarding land reclamation at St. Aubin (lodged au Greffe'' on 30th April 1996 and referred to the Public Services Committee) be considered on 18th June 1996.
Relocation of d'Hautrée School - questions and answers (Tape No.339)
Senator Corrie Stein asked Deputy Evelyn Mabel Pullin, President of the Education Committee, the following questions -
1. D oes the President agree that on
22n d O ctober 1991 the States
ad opt e d a proposition of the
E duc at ion Committee The Future of S ec ondar y Education' (P.149/91),
w hi ch i ncluded strategic plans for
the f ol lowing ten years, and that
as par t of that Plan the States
ap pr ove d in principle the
rel o cat ion of d'Hautrée School',
al s o t hat on 29th September 1993,
the S tat es adopted a proposition
of t he I sland Development
C om m ittee D'Hautrée School:
rezoni ng and purchase of land
(P .117/ 93)'?
2 . Would the President agree that two
pr e vious Education Committees have
gi v en assurances to the teachers of
d' H autrée School that they would move w i t h the school to the relocated St.
A n ne' s School?''
The President of the Education Committee replied
as follows -
1. Y es. It is a matter of record that
the S tat es agreed to the
rel o cat ion of the d'Hautrée School bui l d ing to part of Fields
N os . 1 243 and 1244, St Helier.
2 . Yes. The previous two Education
C om mittees decided to transfer staff to
t he new school building and the school
s taf f at that time were so informed. A
deci sion was taken by the present
E duca tion Committee to open posts to
gene ral application within the service
af ter discussions had taken place with
t he C hairman of Governors who indicated hi s s upport for our proposal.
Wi t h the Vice-President and the
D i r ector I had helpful discussions with
s taf f representatives last week which
l ed t o some sensible and practical
pr op osals which it is hoped will reach
agr eement on both sides. These
s uggestions will be taken to the full
E duca tion Committee on Wednesday, 22nd May 1996, and provided they are
acc epted and are agreed by teachers and
G o ver nors, I will be in a position to
m ake a full statement.''
Clinical waste incinerator: approval of drawings - P.85/96
THE STATES commenced consideration of a proposition of the Public Services
Committee requesting approval of a drawing showing the conceptual design layout of the clinical waste incinerator to be located at Bellozanne, St. Helier . After discussion, and on the proposition of Senator Stuart Syvret, the proposition was lodged au Greffe''.
THE STATES decided to take this matter into consideration on 18th June 1996.
9 St. James Street, St. Helier : sale - P.86/96
THE STATES commenced consideration of a proposition of the Health and Social Services Committee regarding the sale of the property 9 St. James Street, St. Helier . After discussion,
and on the proposition of Deputy Alan Breckon of St. Saviour , the proposition was lodged au Greffe''.
Clarkson House, La Rue de la Haye du
Puits, Grouville : purchase
THE STATES, adopting a proposition of the Health and Social Services -
( a) authorised the purchase from the
C l ar kson Trust of the freehold of the
pr op erty known as Clarkson House, La R ue de la Haye de Puits, Grouville , as s how n on drawing No. 511/1, for a
cons ideration of £352,500 with each
par ty being responsible for its own
l egal fees;
( b) authorised the Greffier of the States t o s ign the said drawing on behalf of t he S tates;
( c) authorised the Attorney General and the G r ef fier of the States to pass, on
beha lf of the the public, any contract
w h i ch it might be found necessary to
pas s in connexion with the said
pr op erty and all interests therein;
( d) authorised the payment or discharge of any e xpenses incurred in connexion with t he acq uisition of the said property
and a ll interests therein, from the
P l a nning and Environment Committee's V o t e of Credit Acquisition of Land -
Maj or Reserve (Vote No. C0904).
Drug Trafficking (Miscellaneous Provisions) (Jersey) Law 199 - P.18/96 and P.50/96
THE STATES commenced consideration of the draft Drug Trafficking (Miscellaneous Provisions) (Jersey) Law 1996 and adopted the Preamble and Articles 1, 2 and 3.
Article 4 was adopted, the States having accepted an amendment of the Finance and Economics Committee that the Article be re- numbered as paragraph (1) and the following paragraph inserted -
( 2 ) For paragraph (1) of Article 22
o f the 1978 Law there shall be substituted
t he following paragraph -
( 1 ) This Article applies
t o o ffences under Article 5, paragraphs ( 1 ) and (2) of Article 6 and Article 7
of t his Law.' ''.
Articles 5 to 35 and the First and Second Schedules were adopted.
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Drug Trafficking (Miscellaneous Provisions) (Jersey) Law 199 .
Drug Offences (International Co-operation) (Jersey) Law 199 - P.19/96
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Drug Offences (International Co- operation) (Jersey) Law 199 .
Draft Advocates and Solicitors (Jersey) Law 199 - P.68/96
THE STATES commenced consideration of the draft Advocates and Solicitors (Jersey) Law 199 .
After discussion, and on the proposition of
Senator Corrie Stein, further consideration was deferred, the President of the Legislation
Committee having undertaken to present a report
to the States.
Draft Advocates and Solicitors (Jersey) Law 199 : amendments - P.87/96
The President of the Legislation Committee lodged au Greffe'' the amendments of the draft Advocates and Solicitors (Jersey) Law 199 .
Loi (199 ) sur l'hypothèque des biens-fonds incorporels - P.70/96
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Loi (199 ) sur l'hypothèque des biens-fonds incorporels.
Social Security (Amendment No. 12) (Jersey) Law 1996 (Appointed Day) Act 1996 - P.76/96
THE STATES, in pursuance of Article 3 of the Social Security (Amendment No. 12) (Jersey) Law 1996, made an Act entitled the Social Security (Amendment No. 12) (Jersey) Law 1996 (Appointed Day) Act 1996.
Health Insurance (Amendment No. 10) (Jersey) Law 1996 (Appointed Day) Act 1996 - P.77/96
THE STATES, in pursuance of Article 2 of the Health Insurance (Amendment No. 10) (Jersey) Law 1996, made an Act entitled the Health Insurance (Amendment No. 10) (Jersey) Law 1996 (Appointed Day) Act 1996.
Insular Insurance and Health Insurance (Investment of Funds) (Jersey) Act 1972 (Repeal) (Jersey) Act 1996 - P.78/96
THE STATES, in pursuance of Article 30 of the Health Insurance (Jersey) Law 1967, as amended, made an Act entitled the Insular Insurance and Health Insurance (Investment of Funds) (Jersey) Act 1972 (Repeal) (Jersey) Act 1996.
Extraordinary meeting
THE STATES agreed to meet in extraordinary session on 2nd July 1996.
Adjournment
THE STATES adjourned having agreed to consider the proposition regarding 2 to 10 Halkett Place
and 21 and 23 Hill Street, St. Helier
development: financing (P.58.96 revised) early
in the proceedings under Public Business at the meeting on 18th June 1996.
THE STATES rose at 4.50 p.m.
C .M . N E W COMBE D eput y Greffier of the States.