States Minutes 22nd October 1996

STATES MINUTES 22nd O c tober 1996

 P ri c e : £ 2.25

T HE STATES assembled on Tuesday, 22nd October 1996 at 9.30 a.m. under

t he Presidency of the Bailiff ,

S ir P hi lip Bailhache

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All members were present with the exception of -

S enator Terence John Le Main - out of the I sland

S enator Stuart Syvret - suspended

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

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

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P r aye rs

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United Nations Day for the Eradication of Poverty - message

The Bailiff informed the Assembly that he had received the following message from Boutros Boutros-Ghali, the Secretary General of the United Nations -

I am delighted to send my best wishes to a ll those in the Channel Island of Jersey

w ho are participating in the United Nations D ay for the Eradication of Poverty.

T his Day poses a challenge to the

i nternational community as a whole to do m ore to stem the rising tide of world

p overty. Today, more than one billion

p eople around the world are living in

a bsolute poverty of a kind we can barely

i magine. Eight hundred million people, two h undred million of them children, are

c hronically undernourished. In too many

p arts of the developing world, people face a daily struggle to overcome burdens of

d isease, civil strife and war.

T he eradication of poverty requires

c onstructive and concerted international

a ction. The world's poorest countries

c annot address these problems in isolation. T hey require the technical expertise and

e conomic assistance which can only come

f rom the developed world. And governments i n the rich north must do more to combat

t he twin problems of donor fatigue' and

t he growing debt burden of the developing w orld.

F or our part, the United Nations has made t he assault on poverty a priority. Earlier

t his year, I launched the UN System-wide S pecial Initiative on Africa. This

I nitiative, developed in close consultation w ith Africa's leaders, emphasises the

i mportance of self-reliance and economic r eform. It mobilises new resources to meet d esperate needs in health, education and

e mployment. It underlines the United

N ations' commitment to promoting

d evelopment and security throughout the w orld's poorest continent.

I n addition, the General Assembly has

d eclared 1997-2006, the first decade for

t he Eradication of Poverty. At the inter-

g overnmental level, real progress has been m ade. 117 Heads of State at the 1995 World S ummit for Social Development agreed to an i ntegrated approach to poverty eradication

b ased on the concept of partnership between t he developed and developing worlds.

T oday, we need to go further. We must

e nsure that commitments made in

i nternational fora are translated into

p ractical advances on the ground. We must w ork hand in hand with the developing world t o promote real and lasting reform. We must d o more to promote the global goal of

s ustainable development. And we must

f inally lift the millstone of debt from

a round the neck of the poorest countries.

I f we do all of these things, we can begin

a t last to eradicate the worldwide scourge

o f poverty.''

Senator V. A. Tomes - welcome

The Bailiff , on behalf of the States, welcomed Senator Vernon Amy Tomes on his return to the States after his recent operation.

Subordinate legislation tabled

The following enactments were laid before the

States, namely -

1 . Tourism (General Provisions)

( A m endment No. 4) (Jersey) Order 1996. R & O 8986.

2 . Places of Refreshment

( R egi stration) (Fees) (Jersey) Order 1996. R & O 8987.

Matters presented

The following matters were presented to the States -

C hannel Islands Lottery

R eview Group - R.C.26/96.

P resented by the Finance

a nd Economics and Gambling Control

C ommittees.

T HE STATES ordered that the said report be p rinted and distributed.

S ocial Security Fund as at 30th

S eptember 1994: Actuarial review - R .C.27/96.

P resented by the Employment and S ocial Security Committee.

Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 14th October 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 nvironment Committee, the lease to Mes srs. Michael Peter George Rondel and Mi chae l Richard Holley, acting as

of fi cers for and on behalf of the

J er s ey Model Aero Club, of two bunkers s it ua ted at Les Landes, St. Ouen ,

i nc or porating permission for the Club

t o m ake use of the model aircraft air

f iel d at Les Landes, for which it had

r es pons ibility for maintenance and

r ep air for the tarmacadam landing

s tr i p, commencing on 1st March 1996

unt il 29th February 2005, at an initial

annua l rent of £35, increasing to £100

annua lly at the time of occupation of

t he s econd bunker, with rent reviews

ever y three years, and subject to the

pr e mises being used solely for private

r ec r eational purposes in connexion with

t he C lub's activities, with each party bei ng r esponsible for the payment of i ts ow n legal fees involved in the

t rans action;

( b) as recommended by the Planning

and E nvironment Committee, the lease t o t he St. Brelade Football Club of

F i e ld No. 89 and part of Field No. 90, S t . B relade (together measuring

7.4 ve rgées) for the development of a

f oot ball pitch, club house and car

par king (subject to the grant of

deve lopment permission), for a period of 2 5 years from the date of the

s igni ng of the lease, at an annual rent

of £ 1,500, subject to review every

t hr ee years, with each party being

r es pons ible for the payment of its own l egal fees involved in the transaction;

( c) as recommended by the Housing

C om mittee, the entering into of a Deed

of A rrangement with Mr. Nigel Denis

G e ar y and Mrs. Christine May Taylor

G e ar y, née Le Maistre, the owners of

t he pr operty No. 2 Willow Grove, Grands V a ux, S t. Saviour (situated immediately

t o t he north of the Committee's

deve lopment located at Mal Assis,

G r and s Vaux, St. Saviour ) in order to

es tabl ish a boundary line to the east

and s outh of the former property (as

s et out in an Act of the Committee

dat ed 30 th August 1996), with each

par ty being responsible for the payment

of i ts own legal fees involved in the

t rans action;

( d) as recommended by the Public

S er vices Committee, the lease to Trou T r ad ing Limited of 570 square feet of l and at the western exit lane of the

P i e r Road car park, St. Helier , for use as a car wash, at an annual rent of

£ 500, s ubject to annual review, plus

t en per cent of the gross audited

t ur nove r of the car wash operation, the l eas e to be on a full repairing and

i ns ur ing basis, with each party being

r es pons ible for the payment of its own l egal fees involved in the transaction;

( e) as recommended by the Health and

S oci al Services Committee, the

as si gnment of the lease granted to

G r oet Investment Limited in respect of N o . 78 N ew Street, St. Helier for a

per iod of 21 years until 11th May 1999 t o S hafique Limited at an annual rent

of £ 4,846.44, for the purposes of

es tabl ishing a restaurant, on the same

t er m s and conditions for the remainder

of t he existing lease, subject to the

pr ov ision of adequate personal

guar antees from Mr. Mohammed Shafique A z am and Mrs. Grace Elizabeth Azam, née B oddy (owners of Shafique Limited), and s ubj ect also to approval by the Housing

C om mittee in accordance with Part III

of t he Housing (Jersey) Law 1949, as

am ende d, with each party being

r es pons ible for the payment of its own

l egal fees involved in the transaction;

( f) as recommended by the Health and

S oci al Services Committee, the renewal of t he lease from Mrs. Evelyn

Mar guerite Hefford, née Hervé, of the

t hr ee -bedroom property 17 Court Drive, L a R oute de la Haule, St. Lawrence , for a pe riod of two years from 1st August

1996, a t an annual rent of £11,905.15,

w i t h all other terms and conditions to

r em ain as contained in the existing

l eas e, including the clause which gave

t he C ommittee the option of exercising a t hr ee month notice period, and with

eac h party being responsible for the

paym ent of its own legal fees involved i n t he transaction;

( g) as recommended by the Health and

S oci al Services Committee, the renewal of t he lease from Mr. Donald Ernest

B r ooke Duckworth and Mrs. Siobain

N i col lette Duckworth, née Wade, of the pr op erty 5 Clos de la Baule, Rue des

P r és , Grouville , for a period of one

year from 1st April 1996, at an annual

r en t of £13,020 payable quarterly in

adva nce, with an option to renew for a f ur t her year, with the Committee being r es pons ible for the payment of all the

l egal fees involved in the transaction.

Matters lodged

The following matters were lodged au Greffe'' -

1 . Draft Health and Safety at Work

( A m endment No. 2) (Jersey) Law 199 - P .173/ 96.

P r es ented by Employment and

S oci al Security Committee.

2 . Draft Sea Fisheries

( Miscellaneous Provisions) (Amendment N o . 2 ) (Jersey) Regulations 199 -

P .174/ 96.

P r es ented by the Agriculture and F i sher ies Committee.

3 . Draft Sea Fisheries (Licensing

of F ishing Boats) (Jersey) Regulations 199 - P.175/96.

P r es ented by the Agriculture and

F i sher ies Committee.

4 . Draft Convention on Social

S ecur ity between the United Kingdom and t he N etherlands - P.176/96.

P r es ented by the Employment and

S oci al Security Committee.

5 . Draft Bankruptcy (Désastre)

( A m endment No. 4) (Jersey) Law 199 - P .177/ 96.

P r es ented by the Finance and

E conom ics Committee.

6 . Draft Vienna Document

( P ri vileges and Immunities) (Jersey)

L aw 1996 (Appointed Day) Act 199 - P .178/ 96.

P r es ented by the Policy and

R es ources Committee.

7 . Jersey Airport: lease of hangar

t o J EA Engineering (UK) Limited - P .179/ 96.

P r es ented by the Harbours and

A i r port Committee.

8 . Le Jardin des Carreaux, Queen's R oad, S t. Helier: approval of

dr a wings - P.180/96.

P r es ented by the Housing

C om mittee.

9 . Le Geyt Flats, St. Saviour -

P has e II: approval of drawings - P .181/ 96.

P r es ented by the Housing

C om mittee.

1 0. City Disputes Panel Limited: S t a tes' sponsorship - P.182/96. P resented by the Finance and E conom ics Committee.

1 1. Public access to official

i nf or mation: Code of Practice - P .183/ 96.

P r es ented by the Special

C om mittee on Freedom of

I nf or mation.

1 2. Police services in Jersey: i nd ependent review - P.184/96. P r es ented by the Defence

C om mittee.

1 3. Public access to official

i nf or mation: Code of Practice

( P .18 3/96) - amendment - P.185/96. P r es ented by Deputy R.E.R.

R um boll of St. Helier .

Arrangement of public business for the present meeting

Minimum wage - P.154/96

THE STATES acceded to the request of the President of the Industrial Relations Committee that consideration of the proposition regarding

a minimum wage (P.154/96 - lodged au Greffe'' on 1st October 1996) be deferred from the present meeting to a later date.

La Rocco Apartments, La Pulente, St. Brelade - P.166/96

THE STATES acceded to the request of Senator Pierre François Horsfall, with the agreement of the President of the Planning and Environment Committee, that consideration of the proposition regarding La Rocco Apartments, La Pulente, St. Brelade (P.166/96 - lodged au Greffe'' on 8th October 1996) be deferred from the present meeting to 5th November 1996.

Draft Advocate and Solicitors (Jersey) Law 199 - P.172/96 (Revised)

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

D raft Advocates and Solicitors (Jersey) Law 1 99 - P.172/9 (Revised).

A mended in Second Reading on 8th October 1 996.

L egislation Committee.

Police Services in Jersey: Independent Review - P.171/96. Withdrawn

THE STATES noted that the President of the Defence Committee had withdrawn the proposition regarding the independent review of police services in Jersey (P.171/96 - lodged au

Greffe'' on 8th October 1996) having lodged a revised report and proposition at the present

meeting.

THE STATES acceded to the request of the President that the revised projet (P.184/96) be considered at the next meeting on 5th November 1996.

Arrangement of public business for

the next meeting on 5th November 1996

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

next meeting on 5th November 1996 -

P olice Services in Jersey: independent r eview - P.184/96.

L odged: 22nd October 1996.

D efence Committee.

S ocial security scheme: continuity a nd change - P.132/96.

L odged: 27th August 1996.

E mployment and Social Security C ommittee.

L a Rocco Apartments, La Pulente. P .166/96

L odged: 8th October 1996

P lanning and Environment

C ommittee.

D raft Sea Fisheries (Miscellaneous

P rovisions) (Amendment No. 2) (Jersey) R egulations 199 - P.174/96.

L odged: 22nd October 1996.

A griculture and Fisheries Committee.

D raft Sea Fisheries (Licensing of

F ishing Boats) (Jersey) Regulations 199 - P .175/96.

L odged: 22nd October 1996.

A griculture and Fisheries Committee.

D raft Convention on Social Security b etween the United Kingdom and the N etherlands - P.176/96.

L odged: 22nd October 1996.

E mployment and Social Security

C ommittee.

D raft Bankruptcy (Désastre)

( Amendment No. 4) (Jersey) Law 199 - P .177/96.

L odged: 22nd October 1996.

F inance and Economics Committee.

D raft Vienna Document (Privileges and

I mmunities) (Jersey) Law 1996 (Appointed

D ay) Act 199 - P.178/96.

L odged: 22nd October 1996.

P olicy and Resources Committee.

J ersey Airport: lease of hangar to

J EA Engineering (UK) Limited - P.179/96. L odged: 22nd October 1996.

H arbours and Airport Committee.

L e Jardin des Carreaux, Queen's Road, S t. Helier: approval of drawings -

P .180/96.

L odged: 22nd October 1996.

H ousing Committee.

L e Geyt Flats, St. Saviour - Phase

I I: approval of drawings - P.181/96. L odged: 22nd October 1996.

H ousing Committee.

Airport safety - statement

The President of the Harbours and Airport Committee made a statement in the following terms -

As States members and the public may be

c onfused by conflicting reports, my

C ommittee and I feel it necessary to make a

s tatement about the operation of Jersey

A irport. Various media stories have been

p ublished in recent weeks and the Committee h as issued two detailed releases but they

h ave not been reported in full by all the

m edia.

T he Airport Development has been very

c arefully planned over a number of years w ith all Airport Departments and some 30

o utside companies/agencies involved in the d iscussion process. A great many of the

c onsequential effects of this large

b uilding have been thought through and, by a nd large, dealt with. As an example, it

w as realised that the building was going to

o bscure certain aircraft parking stands to

t he south of the tower and new written

p rocedures were put in place within Air

T raffic Control. Trials with closed circuit

t elevision cameras are now taking place

w hilst aircraft movements are fewer. These t rials are to find sites in order that the

c ameras may be best placed to suit the air

t raffic control operation and the pictures

p roduced will be of excellent quality. This i s not unusual as CCTV solutions to enable A TC to have full visibility over all

p arking stands are used at several United

K ingdom airports. Cameras will also be

n eeded on the north of the building in

o rder to cover Aurigny's operations and

w ill be installed next spring. Aurigny have

o perated safely for many years in this area e ven though they are partly out of sight of t he tower. With the removal of the old

A rrivals Hall visibility in this sector

w ill be improved.

T he effect of the new building on the

w indspeed recording equipment was

a nticipated in the design stage in 1994 and r emedial action was put in place to site a

n ew mast north of the runway. The new

e quipment was not in place before the roof

o f the building was completed because the n egotiations with the landowner on whose l and the mast was to be sited became very p rotracted. Information about this

e quipment delay has been published to all p ilots using Jersey Airport and there is a

s light under-reading of the windspeed when t he wind blows from the north which, on

a verage, is for only a very small

p ercentage of the time.

D uring the detailed planning phase of

t he Departures Hall in 1994 three aspects

o f light were considered. First, no direct

s unlight should fall on passengers within

t he building but the sky should be visible w hen looking upwards. Second, at night,

d irect light should not shine from the

b uilding which could have any effect on

a ircraft landing, taking off or on the air

t raffic control tower. Third, reflections

f rom the roof were to be at a minimum and t his consideration was principally to

p rotect aircraft and the air traffic

c ontrol unit - it was not thought that the

b uilding would have any effect on others

s uch as foot passengers or vehicles going p ast the Airport.

T he intensity of the roof glare as seen

f rom Air Traffic Control and, I understand,

b y some road users, was greater than the

d esign team expected. A number of

e xaminations are being undertaken now with r egard to glare produced from the glass and m etal roof structure. Two different glass

c oatings have been produced which appear to r esolve the problem. The architectural

i nvestigation unit at Cambridge University

h as been commissioned to carry out a glare

a ssessment study. There must be no

s ignificant effect on air traffic control

o perations by the glare and you may rest

a ssured that a solution will be found. No

o fficial complaint has been received by the A irport Authority from any pilot. The

r eport made by the Air Traffic Controller

w as closed on receipt'' by the Civil

A viation Authority in view of the remedial a ctions proposed by the design team and the C ommittee.

D uring the development of the new

D epartures Hall , as is normal to gain

p lanning permission, the States Fire

S ervice was actively involved in both

d etermining the number of exits as a means

o f escape from the building and for

a dvising on firefighting capability. A

s prinkler system of approved design will be

i nstalled to cover those areas where

f lammable items are stored such as the

p erfume shop, the book shop and the liquor a nd tobacco shop. Hydrants have been put on t he north and east faces of the new

b uilding and connected to a pressurised

m ain from a 30,000 gallon tank. In view of

t he limited mains supply of water and the

p ossibility of electrical failure stopping

t he Water Company pumping stations, my

C ommittee has a policy of supplying its own w ater reservoirs. A second large tank will

b e put close to the south side of the

b uilding in order that the States' Fire

S ervice has a reservoir of water to use

w hich is immediately available. As a result

o f the exercise at the Fuel Farm last week,

t he States' Fire Service needed four

a ppliances and 22 men to be able to deploy w ater from the 50,000 gallon tank to the

F uel Farm. They have recommended that

p ressurised hydrants be placed much nearer

t o the Fuel Farm and these will be sited by

t he Fire Service and the Airport Authority

s hortly and installed during this winter.

T he exercise also confirmed the need for

t he planned large tank on the south side of

t he building to which I have previously

r eferred. The situation with regard to the existing buildings now, therefore, is that

t here are hydrants with sufficient water

p ressure on the east and north sides of the

o ld and the new buildings, the 50,000

g allon tank is in place but it would

r equire considerable States' Fire Service

r esources to use the water effectively for

t he 1937 building. The firefighting water

r eserves to deal with the fire in the new

d epartures building will be in place before

i t becomes operational in the spring of

1 997 and will be the subject of a further

e xercise.

I wish to reassure members and the public

t hat safety has been and remains an

o verriding priority of my Committee. A huge i nvestment has been put into the provision

o f new radars, a new instrument landing

s ystem and a new surface for the runway.

O ne of the two taxiways is being replaced

t his winter in order to meet international

c riteria and to bear the load of the

h eavier aircraft now using Jersey Airport.

T he Airport Management Team and the

C ommittee have a rolling review and

r eplacement programme which is examined in c onsiderable detail each year before

a pplication is made for funds. I wish to

r eassure all members that any significant

s afety problem which requires immediate

i nvestment which has not been planned will

b e brought to the attention of the Finance

a nd Economics Committee and of this House.

I n order to satisfy my Committee that

c ertain airport operations are being

c arried out effectively, the Airport

D irector arranges for a number of

i nspections by outside agencies. The

A irport Fire Service has been inspected

t hree times in recent years by the Civil

A viation Authority in order to confirm that

i ts manning levels, equipment, training and m ethods of operation meet current

s tandards. Satisfactory reports have been

r eceived and all recommendations for

i mprovement acted upon. The Civil Aviation A uthority Air Traffic Services Standards

D epartment inspects the Air Traffic Control U nit annually and carries out competency

t ests on a number of controllers. This is

b ecause the Committee has insisted for many y ears that only United Kingdom CAA licence h olders are appointed to operate

p ermanently at the Airport. For the last

f ive years, the United Kingdom Department

o f Transport Aviation Security Inspectors

h ave carried out five tests a year on

a irport security and examined procedures,

a ccess, the security contractor and all the

e quipment involved. The House will wish to k now that neither the United Kingdom

D epartment of Transport nor the Civil

A viation Authority has a statutory ability

t o carry out these inspections so they are

t herefore invited and paid for by the

C ommittee.

M y Committee and Airport management are c oncerned at the way in which these

p roblems - and they are problems to be

s olved - have been published almost as

a llegations of unsafe practice. I would

r emind members that over 20 airlines and m any thousands of smaller aircraft continue t o operate safely from the airport. Airline

o perations, safety and security managers

v isit Jersey from time to time and the

a irlines all continue to fly here

s atisfactorily. However, in order to

s atisfy my Committee and the States that

t he operations at the airport are being

c onducted safely and efficiently, the

A irport Director is arranging for the

S afety Regulation Group inspectors of the C ivil Aviation Authority to visit the

a irport in the near future and to conduct

a n inspection. It will probably last three

d ays and the report will be made public.''

SUPPLEMENTARY VOTES OF CREDIT

THE STATES considered Acts of the Finance and Economics Committee dated 14th October 1996, presenting Acts of the undermentioned Committees and, acceding to the requests contained therein, granted to the said Committees supplementary votes of credit out of the General Reserve as follows -

£ Finance and Economics Committee

Law Officers' Department

0316 Court and case costs, fees and exp ens es 340,000

Judicial Greffe

0326 Court and case costs, fees and exp ens es 175,000

Viscount's Department

0336 Court and case costs, fees and

exp ens es 10,000

0337 Désastres - investigation expenses 55, 000

T ot al request £ 580,0 00 Defence Committee

Miscellaneous

1020 Criminal Injuries Compensation S che m e 75,000

Police

1217 Court and case costs, fees and exp ens es 65,000

 T ot al request £ 140,0 00

Public Services Committee

Highways and public land - maintenance and minor

improvements

2053 Supplies and services 16,000

Highways and public land, beaches and

cleaning

2063 Supplies and services 65,000 2064 Transport 35 ,000

T ot al request £ 116,0 00 Education Committee

Central services

3103 Premises £ 355,60 0

Employment and Social Security Committee

States grants to Insurance Funds

4801 States contribution - Social

S ec ur ity 481, 000

Benefits of a non-contributory nature

4813 Dental Benefit Scheme 210,000

T ot al request £ 691,0 00 Housing Committee

States Houses

5415 Supplies and services 64,700

Private Sector Rent Rebate Scheme

5427 Private sector rent rebates 400,00 0

T ot al request £ 464,7 00 Establishment Committee

5110 Pensions and retirement costs £2,50 0,000

Prison Board

Administration

5501 Staff £ 200,00 0

CAPITAL VOTES OF CREDIT Public Services Committee

C 0494 St. Helier surface water

li nk a nd storage tank £2,074,400

The total requests granted for the

October Supply Day amounted to £7,121,700.

Normandie Pavilion, F.B. Fields, St. Clement : demolition and reconstruction - approval of drawings

THE STATES, adopting a proposition of the Sport, Leisure and Recreation Committee -

( a) approved drawings Nos. 9515-

20/ 21/22/23/24 and 26 and Nos. 9505-28 and 2 9A showing the construction of the new Normandie Pavilion at the F.B.

F i e lds, St. Clement ;

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

Mail House: sub-lease of warehouse accommodation at Beaumont, St. Peter

THE STATES, adopting a proposition of the Committee for Postal Administration, referred to their Act dated 14th May 1996, approving the leasing by the public from the Channel Islands Co-Operative Society Limited, of warehouse accommodation at Goose Green, Beaumont, St. Peter , for the purpose of providing a mail house facility and -

( a) approved the sub-lease by the public

f rom Sol Distribution Limited, of the

of fi ce and support accommodation at

G o os e Green, Beaumont, St. Peter , for

t he pur pose of extending the mail house f ac i lity and providing other postal

f ac i lities, on an eight year internal

r ep airing and insuring sub-lease at the

com mencing rental of £16,000 a year,

pl u s a premium payment of £20,000, the r en tal to be subject to review on 29th

S ept ember 1998 and 2001 in line with

open market rental value for warehouse acc ommodation, but never to reduce

bel ow the current rental at the time of

t he r eview, with an option to break the

s ub -lease on 29th September 2001

( su bj ect to a penalty payment of

£ 20,00 0 if the option is exercised)

w i t h each party being responsible for

i ts ow n legal costs;

( b) authorized the Greffier of the States t o s ign the sub-lease;

( c) authorized the Treasurer of the States

t o p ay the rent as it becomes due.

Senator Vernon Amy Tomes, having declared an interest in the matter, withdrew from the Chamber prior to the debate.

Criminal Justice (Evidence and Procedure) (Jersey) Law 199 - P.122/96

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Criminal Justice (Evidence and Procedure) (Jersey) Law 199 .

Loi (199 ) (Amendement) sur les remises de biens - P.123/96 (a) (Revised)

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Loi (199 ) (Amendement) sur les remises de biens.

Bankruptcy (Désastre) (Amendment No. 3) (Jersey) Law 199 - P.123/96 (b) (Revised)

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

Jersey Post Office Limited: incorporation - P.146/96

THE STATES, adopting a proposition of the Committee for Postal Administration -

( a) approved the incorporation of Jersey

P os t Office Limited as a company,

w h ol ly owned by the States of Jersey

and i n accordance with the draft

m em orandum and articles of association s et out in Appendix A to the report of

t he C ommittee for Postal

A d m inistration, dated 19th September

1996, h aving as its principal purpose

t he r unning of postal services within

t he B ailiwick;

( b) approved the enactment of the necessary l egi slation, to enable the Committee

f or P ostal Administration to issue

l icen ces to run the Island's postal and

ot h er services and agreed in principle,

s ubj ect to appropriate regulating

condi tions, to the granting by the C om mittee of a licence, which would def ine the exclusive rights and the

obl igations and duties of the company, t o J ersey Post Office Limited to run

s uch services for an initial period of 25 ye ars;

( c) charged the Committee for Postal

A d m inistration to take all the

nece ssary steps to prepare for the

i nc or poration of Jersey Post Office

L i m ited and the issuing of the licence r ef er red to in sub-paragraph (b) and

t he r eafter to regulate, and report to

t he S tates on, the activities of Jersey P os t Office Limited;

( d) approved in principle the transfer of

t he em ployment of all States' employees w o r king under the administration of the

C om mittee for Postal Administration to

J er s ey Post Office Limited on the date

of i ncorporation on terms and

condi tions of employment, which were in gene ral no less favourable than those

cur rently enjoyed by those employees,

s uch terms and conditions to be agreed

w i t h the staff and their

r ep resentatives and to charge the

E s t ablishment Committee to make the

nece ssary arrangements;

( e) agreed that all relevant land and

bui ldings owned by the public and

cur rently under the administration of

t he C ommittee for Postal

A d m inistration, be leased to Jersey

P os t Office Limited, on a basis to be

negot iated and agreed with the Finance and E conomics Committee;

( f) charged the Committee for Postal

A d m inistration to prepare the necessary l egi slation to -

( i) provide the necessary licensing an d r egul atory framework;

( ii ) t  ransfer the moveable assets and

goo ds ow ned by the public and

ad m i ni stered by the Committee for P os t al A dministration to Jersey

P os t O ffice Limited;

( ii i) gr ant Jersey Post Office

L im it ed t he utility rights,

p ri vi l ege s and obligations,

w hi ch w er e necessary for the p rovi s ion, ope ration and

m ai nt enan ce of postal and

o the r s e rvi ces within the B a il iw ick;

( iv ) enable the transfer of the

em pl oym ent of all States'

em pl oyee s currently working under the ad m inistration of the

C om m ittee for Postal

A dm ini stration to Jersey Post

O f fi c e L imited and to preserve

thei r co ntinuity of employment and ac qui r ed pension rights;

( v ) amend or replace, as appropriate, the P os t Office (Jersey) Law 1969, to i n cl ude appropriate offences

an d pena lties in relation to the

ope r at ion of postal and other

s e rvi ces and in relation to the

ex cl u s ive rights of the States of

Je r s e y and the licensed operator;

( vi ) allow the Committee for Postal A dm ini stration to demand

inf or m ation from prospective

li ce ns e es and to make it an

of f en ce t o give false or

m i sl ea ding information;

( vi i ) make such consequential

am e ndm ent s of other enactments as m i gh t be required;

( g) agreed that the drafting of the Law for t he i  ncorporation of the Jersey Post

O f f ice should be given a high priority i n 1 998 and invited the Policy and

R es ources Committee to note this in

t he i r discussions for the 1998 Law

D r af ting Programme.

Jersey Telecoms Limited: incorporation - P.147/96

THE STATES, adopting a proposition of the Tele-communications Board -

( a) approved the incorporation of Jersey

T el ecoms Limited as a company, wholly ow ned by the States of Jersey and in

acc ordance with the draft memorandum and a rticles of association set out in

A p pendi x A to the report of the

T el ecommunications Board, dated 11th S ept ember 1996, and having as its

pr inci pal purpose the running of public t el ec ommunications systems in the

B ai liwick;

( b) approved the issuing, by the

T el ecommunications Board to Jersey T el ecoms Limited, subject to

appr opriate regulating conditions, of a l icen ce to run the Island's public

t el ec ommunications systems for an

i ni t ial period of 25 years;

( c) approved in principle the transfer of

al l S tates employees working under the

adm inistration of the

T el ecommunications Board to Jersey

T el ecoms Limited on the date of

i nc or poration on terms and conditions

of e mployment which were in general no l es s favourable than those currently

enj oyed by those employees, to be

agr eed with the staff and their

r ep resentatives, and charged the

E s t ablishment Committee to make the

nece ssary arrangements;

( d) agreed that all relevant land and

bui ldings owned by the public, and

cur rently under the administration of

t he T elecommunications Board, be leased t o J ersey Telecoms Limited, on a basis

t o b e negotiated and agreed with the

F i na nce and Economics Committee;

( e) charged the Telecommunications Board to pr e pare the necessary legislation to -

( i) provide the necessary licensing an d r egul atory framework;

( ii ) t  ransfer the moveable assets owned by t he public and administered by

the T el ecommunications Board for the pur pose of providing

tel ecom munication services, and

goo ds ow ned by the

T el ec om munications Board, to

Je r s e y T elecoms Limited;

( ii i) gr ant Jersey Telecoms Limited the u t i li ty rights, privileges

and obl i g ations which were

n eces s ar y f or the provision,

o per a t ion a nd maintenance of

p ubl i c t el ecommunications

sys t em s w ithin the Bailiwick;

( iv ) enable the transfer of all States

em pl oyee s currently working under the ad m inistration of the

T el ec om munications Board to Jersey T el ec om s Limited and to preserve

thei r co ntinuity of employment and

ac qui r ed pension rights; ( v ) upgrade fines for offences and to cr eat e a ppropriate offences in

rel a ti on t o the operation of a

pub li c t elecommunications system by a l i censed operator;

( vi ) allow the Telecommunications Board to dem and information from

pr os pe ctive licensees and to make

it a n of fence to give false or

m i sl ea ding information;

( vi i ) make such consequential

am e ndm ent s of other enactments as m i gh t be required.

Motor Traffic (No. 5) (Jersey) Regulations 1996 - P.155/96

THE STATES, in pursuance of the powers conferred on them by the Order in Council of the twenty-

sixth day of December 1851 and Article 54A of

the Motor Traffic (Jersey) Law 1935, as

amended, made Regulations entitled the Motor Traffic (No. 5) (Jersey) Regulations 1996.

Hire Cars (No. 6) (Jersey) Regulations 1996 - P.156/96

THE STATES, in pursuance of Article 22A of the Hire Cars (Jersey) Law 1964, as amended, made Regulations entitled the Hire Cars (No. 6) (Jersey) Regulations 1996.

Public Service Vehicle (Fees) (Amendment No. 7) (Jersey) Regulations 1996 - P.157/96

THE STATES, in pursuance of Articles 49A and 54 of the Motor Traffic (Jersey) Law 1935, as amended, made Regulations entitled Public

Service Vehicles (Fees) (Amendment No. 7) (Jersey) Regulations 1996.

Motor Vehicles (International Circulation) (Amendment No. 12) (Jersey) Regulations 1996 - P.158/96

THE STATES, in pursuance of Article 1 of the Motor Vehicles (International Circulation) (Jersey) Law 1953, made Regulations entitled the Motor Vehicles (International Circulation) (Amendment No. 12) (Jersey) Regulations 1996.

Termination of Tenancies (Procedure) (Jersey)

Law 199 - P.161/96

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a

Law entitled the Termination of Tenancies (Procedure) (Jersey) Law 199 .

Change in Presidency

During the debate of the draft Termination of Tenancies (Procedure) (Jersey) Law 199 the Bailiff retired from the Chamber and Senator Reginald Robert Jeune , C.B.E. took over the Presidency.

Public Finances (Administration) (Amendment No. 8) (Jersey) Law 1996 (Appointed Day) Act 1996 - P.164/96

THE STATES, in pursuance of Article 11 of the Public Finances (Administration) (Amendment No. 8) (Jersey) Law 1996, made an Act entitled the Public Finances (Administration) (Amendment No. 8) (Jersey) Law 1996 (Appointed Day) Act 1996.

Fields 948, 949 and 950, Les Landes, St. Ouen : transfer of administration - P.167/96

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

( a) approved the transfer of the

adm inistration of Fields 948, 949 and

950, L es Landes, St. Ouen , as shown on dr a wing No. 500/1, from the Planning

and E nvironment Committee to the

A g r iculture and Fisheries Committee for cont inued use as agricultural land;

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

Les Landes heathland area, St. Ouen : transfer of administration - P.168/96

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

( a) approved the transfer of administration f rom the Planning and Environment

C om mittee to the Sport, Leisure and

R ecr eation Committee of two areas of

l and t o the south-west and north-west

of t he Les Landes Race Course, St.

O u en, t otalling 2.7 vergées, as shown

on dr awing No. 535/1;

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

Advocates and Solicitors (Jersey) Law 199 - P.172/96 (Revised)

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Advocates and Solicitors (Jersey)

Law 199 .

THE STATES rose at 2.58 p.m.

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