States Minutes 23rd July 1996

STATES MINUTES 2 3 rd J u ly 1996

T HE STATES assembled on Tuesday, 2 3rd July 1996 at 9.30 a.m. under

t h e Presidency of the Bailiff ,

S ir P  hilip Bailhache

_ _ _ _ _ _ ______

All members were present with the exception of -

S enator Richard Joseph Shenton - out of the I sland

S enator Antony Beresford Chinn - out of the I sland

C aryle John Le Herissier Hinault,

C onnétable of St. John - excused

J ohn Nicolle Le Fondré, Deputy of St.

L awrence - ill

F rank Harris on Walker , Deputy of St.

H elier - ill.

_ _ _ _ _ _ ______

P r a y e rs

_ _ _ _ _ _ ______

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Spring Traps (Approval) (Jersey) O  rd er 1996. R & O 8953.

 2 .  Battle of Flowers (Jersey) Order 1 9 9 6. R & O 8954.

Matters presented

The following matters were presented to the States -

 1 .  Criminal Injuries Compensation

B o a rd: report for 1995 - R.C.19/96.

P r e sented by the Defence

C o m mittee.

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

 2 .  Department of Postal

A  d ministration: report for 1995. P r e sented by the Committee for P o s tal Administration.

3 . Police Services in Jersey. P r e sented by the Defence C o m mittee.

Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 15th July 1996, showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

 ( a) as recommended by the Housing

C o m mittee, the entering into of a Deed

o f A rrangement with Le Masurier

( S to pford Road) Limited to exchange its e m e rgency right of way over public land a t S topford Road for an unfettered

r ig h t of way across the new estate

r o a d, which might become part of the

p r o posed new gyratory system;

 ( b) as recommended by the Planning

a n d Environment Committee, the granting

o f c onsent to the Jersey Electricity

C o m pany Limited to excavate a trench

a l on g the boundary of Fields Nos. 328

a n d 121, Crabbé, St. Mary, for the

p u r pose of improving its distribution

n e tw ork in that area, provided that the

C o m pany would consult with any new

t e na nts of the fields prior to the

c o m mencement of the works, that notice

w  o uld be given to the Agriculture and

F i s heries Committee and the Defence

C o m mittee (which Committees

a d m inistered Fields Nos. 328 and 121,

r e sp ectively) before work commenced,

a n d that the Company would bear all

c o s ts relating to the work;

( c) as recommended by the Public

S e r vices Committee, the renewal of the

l e as e to Mr. Alan Arthur Le Herissier

o f t he commercial building measuring

2 , 3 00 square feet and an unsurfaced

y a r d area measuring approximately

1 0 , 000 square feet at the Old

S c r apyard, Bellozanne Valley, St.

H  el ier from 28th September 1996 to 29th M  a rch 1997 at a rent for the six month

p e r iod of £5,800, after which time it

w  o uld be utilised by the Public

S e r vices Department as the site for a

r e cy cling operation;

 ( d) as recommended by the Housing

C o m mittee, the sale to Mr. Jose Luis da S i lv a and Mrs. Maria Gorette da Silva, n é e Freitas Aguiar, of an area of land

m  ea suring 14 square metres for the sum

o f £ 250, in order to agree that the

s m a ll retaining wall between their

h o u se, Ampurius', Grands Vaux, St.

S a v iour and Les Grands Vaux Housing E s t ate, St. Helier should form the

b o u ndary between the two properties,

w  it h Mr. and Mrs. da Silva being

r e sp onsible for all legal costs arising

f ro m the transaction.

Matters noted - acceptance of tenders

THE STATES noted Acts of the Finance and Economics Committee dated 15th July 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 Public Services Committee had

a c c epted the lowest tender, namely that

s u b mitted by Norsk Hydro Limited in the s u m of £2,431,321 for the Clinical

W  a ste Incinerator Plant at Bellozanne

V  al ley, St. Helier ;

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

s u b mitted by J.P. Mauger Limited in the

s u m of £92,998.17, in a contract period

o f 1 9 weeks, for the construction of a

b r e athing apparatus heat training room

a t t he Fire Station, Rouge Bouillon,

S t . Helier.

Matters lodged

The following matters were lodged au Greffe'' -

 1 .  Draft Insurance Business

( J er sey) Law 1996 (Appointed Day) Act 1 9 9  - P.117/96.

P r e sented by the Finance and

E c o nomics Committee.

 2 .  Draft Sea-Fisheries (Size

L im its) (Amendment No. 5) (Jersey) R e g ulations 199 - P.118/96.

P r e sented by the Agriculture and

F i s heries Committee.

 3 .  Draft Maincrop Potato Marketing

S c h eme (Amendment No. 8) (Jersey) Act 1 9 9  - P.119/96.

P r e sented by the Agriculture and

F i s heries Committee.

 4 .  Planning and building control

s e rv ices: fee structure - P.120/96. P r e sented by the Planning and

E n v ironment Committee.

5 . Referendums - P.121/96.

P r e sented by Senator S. Syvret.

M e mbers present rejected the proposed r e fe rence of the report and proposition t o t he Policy and Resources Committee a n d voted as follows -

P o u r'' (18) S enators

J e u ne, Horsfall, Rothwell.  C onnétables

S t . Clement, St. Lawrence, St. Mary, S t . Brelade, St. Saviour .

D eputies

N  o rman(C), H. Baudains(C), Le Sueur(H), S t . Ouen, Coutanche(L), Huelin(B), Le

G  ey t(S), Pullin(S), Trinity , Johns(H).

C o n tre'' (19)  S enators

L e Maistre, Stein, Bailhache , Syvret.

 C onnétables

S t . Helier, Trinity .  D eputies

R u m boll(H), St. Mary , Carter(H),

D  u hamel(S), Matthews(B), Routier(H), D  o rey(H), Layzell(B), Breckon(S),

G  ro uville, Huet(H), St. Martin, St.

J o h n.

Draft Limited Liability Partnerships (Jersey) Law 199  - P.84/96

THE STATES rejected the proposition of Deputy Gary Matthews of St. Brelade that continuation of the debate on the draft Limited Liability Partnerships (Jersey) Law 199 (lodged au Greffe'' on 21st May, Preamble adopted on 2nd July 1996) be deferred to the Autumn Session.

Jersey Archive - question and answer (Tape No. 350)

Deputy Henry George Coutanche of St. Lawrence asked Senator Reginald Robert Jeune , C.B.E., President of the Policy and Resources Committee, the following question -

  Following the approval of the States on

 2 7th October 1992 to support the

 e stablishment of an Archive Service in

 J ersey, the subsequent appointment of an

 a rchivist, the decision to locate the

 a rchive at Clarence Court, St. Helier and

 t he allocation of a Planning vote, will the

 P resident inform the House of the progress  w ith regard to the construction of the

 b uilding to house the Jersey Archive?''

The President of the Policy and Resources Committee replied as follows -

  The Policy and Resources Committee has

 r eceived a request from the Finance and

 E conomics Committee for the construction of  a building to house the Jersey Archive to

 b e included in the capital programme for

1 997 - 2000. That request has been

c onsidered together with the many other

c apital requests submitted by Committees of t he States.

I n the first instance the capital requests

w ere considered by politicians representing a ll the Committees with capital requests

a nd were prioritised using a technique

k nown as decision conferencing. In brief

t his technique seeks to evaluate the

r elative value of individual projects

a ccording to agreed criteria which are

b ased on the Strategic Policy objectives

i ncluded in the Strategic Policy Review

1 995 2000 and Beyond', which objectives t he States adopted in September 1995.

T he results of the decision conference were

t hen considered by the Policy and Resources C ommittee and a draft capital programme was p repared. This in turn was considered by

P residents and chief officers at a meeting

l ast month, and the draft programme

g enerally found favour. As in previous

y ears the programme will now be included in t he Strategic Policy Review and Action Plan 1 996, which is to be debated on 10th/11th

S eptember 1996. At that time members will

b e asked to decide whether they wish to

a dopt the recommended capital programme.

I have to inform the House that the

c onstruction of a building to house the

J ersey Archive is not presently in the

c apital programme to be recommended by my C ommittee. I would emphasise however that t his is not because my Committee does not

a ccept the need for such a building. Indeed

i t was the Policy and Resources Committee

t hat brought the proposition to the House

i n October 1992 which asked the States to

a gree in principle to the establishment of

a n Archive Service for Jersey and also

a gree in principle to the provision of

s uitable premises for housing the archives.

T he reason why the archive building is not

p resently in the programme is because the

S tates' members who took part in the

d ecision conference, the Presidents who

a ttended the meeting with the Policy and

R esources Committee last month, and the

P olicy and Resources Committee itself has

r eached the conclusion that, in the

a llocation of the funds available, other projects including extensions to schools, h ousing development, provision for health a nd social services, sea defences, and

s ewer extensions have a higher priority.''

Field No. 790, St. Peter - statement

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

  The Planning and Environment Committee  w as requested by the States on 14th March  1 995 to reconsider its decision to refuse

 t he application for a kart racing circuit

o n Field No. 790, St. Peter .

I n accepting the decision of the States

t o reconsider the matter, the Committee

n oted the assurances given by members of

t he Sport, Leisure and Recreation Committee i n both its report and proposition and

o rally in the debate, that the circuit

c ould be designed and constructed in such a m anner to significantly reduce the noise

g enerated by the karts.

A ccordingly a fresh application was

r eceived from the Sport, Leisure and

R ecreation Committee on 17th October 1995 t o develop a purpose-built kart racing

c ircuit on Field No. 790, St. Peter . The

C ommittee has received many further

r epresentations to this proposal from the

r esidents of the area reinforcing their

o bjections to the proposal, citing noise

f rom the karts as their major concern.

I n support of their application, the

S port, Leisure and Recreation Committee a ppointed acoustic consultants to advise on t he design and to produce a noise impact

a ssessment for the site. The consultants

a re experienced in the design and

c onstruction of racing circuits and are

a ppointed to act as noise inspectors to the R oyal Automobile Club Motor Sport

A ssociation in the United Kingdom.

 T heir consultants' findings state that

  even with strategically placed 4m high

 b anks around the site, there would still be  s ignificant noise impact up to 600 metres  ( 1/3 mile) from the track during certain

 w ind and weather conditions noise impact  c ould be significant in all areas up to 1.5

k ilometres (almost one mile) from the t rack'.

A ccordingly the Committee asked the agent a cting for the Sport, Leisure and

R ecreation Committee, to find ways of

r edesigning the proposal to deal with the

n oise issue. The acoustic consultant stated

t hat the submitted design included the best p ractical methods of reducing the noise.

T he agent was also asked to explore whether t he karts themselves could be modified to

r educe the noise levels. The response

r eceived was that quieter racing karts were n ot possible in the foreseeable future.

I n reconsidering the application, the

C ommittee took into account the following -

t h at the track would be used on

1 5 occasions during the year. The

C o m mittee felt that whilst the number

o f r ace days appear relatively small,

t h ey occur at weekends, predominantly

d u r ing the summer months when residents w  is h to enjoy the relative peace and

q u i et of their gardens. There are

h u n dreds of dwellings within the radius

o f 1 .5 kilometres likely to be affected

p a r ticularly as the prevailing wind

w  il l carry the noise into St. Peter's

V  il lage;

t h at the area is already subject

t o e xisting aircraft noise. The

E n v ironmental Health Department

m  o nitored the background noise levels a n d commented, there is no doubt that k a r t noise will be discernible from

a i rc raft noise at times.' Kart noise is

a u d ibly more intrusive and the duration

o f t he noise is longer;

t h e visual impact of 4m high banks a r o und parts of the site would be

d e tr imental to the visual amenity of t h e area;

t h e States were given undertakings by t h e member of the Sport, Leisure and R e c reation Committee which cannot in p r a ctice be met on Field No. 790, St.

P e t er.

T he Planning and Environment Committee h as reconsidered its decision as requested b y the States but reluctantly, has decided t o refuse permission for the following

r easons -

t h e proposal would create an

u n a cceptable noise nuisance and d i st urbance to the residents of the s u r rounding area, and

t h e proposal would detract from t h e appearance of the area.

I n rejecting the application, the Planning

a nd Environment Committee is conscious that t he States wish to find a suitable site for

t he Kart Club and will endeavour to assist

t he Sport, Leisure and Recreation Committee a nd the Jersey Kart Club to find a suitable

s ite.''

Working Party on Population policy - statement

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

  Members hopefully will by now have had an

o pportunity to read and digest the

 e xcellent report of the Working Party on

 P opulation Policy. It is intended that the

 r eport should be issued formally as an

 R .C., and that the recommendations of the

W orking Party should be put forward for the a pproval of the States as part of the

 S trategic Policy Review and Action Plan

 1 996 which the States are to debate on

 1 0th/11th September 1996.

I should like to take this opportunity of

p ublicly thanking Mark Boleat, the Chairman

o f the Working Party, and the other non-

S tates members of the Working Party for

g iving so much of their time so freely, and

f or completing the task by June as

r equested. I should also like to express my

a ppreciation of the contribution made to

t he work of the Working Party by the three

S tates members.

I t is of considerable credit to the

W orking Party as a whole that, in tackling

w hat the States over the years have always

f ound to be a most difficult subject, they

h ave produced a report with clear

c onclusions and recommendations which have

t heir unanimous support.''

Agricultural Loans and Guarantees Advisory Board: appointment of member

THE STATES, adopting a proposition of the Agriculture and Fisheries Committee, approved the appointment of Mr. John Tibbo as a member of the Agricultural Loans and Guarantees Advisory Board until 6th May 1997, in accordance with Regulation 3(2)(a) of the Agriculture (Loans) (Jersey) Regulations 1974, as amended.

No. 6 Le Feugerel, La Moye, St. Brelade

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

 ( a) agreed to the sale to Mr. Guy Storer

P o w ell and Mrs. Caroline Beverley

E l iz abeth Powell, née Chambers, of the

o n e quarter share in the immovable

e s ta te consisting of a dwelling house

k n o wn as No. 6 Le Feugerel, La Moye, S t . Brelade, bequeathed to the public

o f t he Island by the late Mrs. Irene

E l iz abeth Alexandra Warne, née Bower, f o r the purchase of equipment for the

C a n cer Unit at the General Hospital''

a s s et out in the Committee's report,

d a te d 15th July 1996;

 ( b) authorised the Attorney General and the G  re ffier of the States to pass the

n e c essary contract;

 ( c) authorised the Treasurer of the States t o r eceive the amount connected with t h e above transaction.

St. Aubin: land reclamation - P.73/96 and P.97/96

THE STATES, adopting a proposition of the Connétable of St. Brelade, referred to their

Act dated 22nd September 1987 in which they took note of the Island Plan - Volume 2: plan and policies'', and in particular to Policy TR13(a) which states The Committee proposes the construction of a land reclamation scheme

adjacent to St. Aubin's Harbour including public car parking as part of the St. Aubin's

village/conservation study'' and - ( a) approved Policy TR13(a);

( b) requested the Planning and Environment C o m mittee, in consultation with the

P u b lic Services Committee and the

P a r ish of St. Brelade , to bring to the

S t a tes as soon as possible proposals

f o r that land reclamation scheme to

p r o vide a carefully designed public

s u r face car park with landscaping to

r e st ore to St. Aubin its unique

c h a racter.

M embers present voted as follows -

P o u r'' (28) S enators

J e u ne, Le Main, Stein, Tomes.  C onnétables

S t . Clement, St. Lawrence, St. Mary, S t . Brelade, St. Peter , Grouville , St. H  el ier, St. Saviour, Trinity , St.

M  a rtin, St. Ouen.

D eputies

W  a vell(S), Norman(C), St. Ouen ,

H  u elin(B), St. Mary, Crespel(H),

P u l lin(S), Trinity , Duhamel(S),

R o u tier(H), Dorey(H), St. Martin, St. J o h n.

C o n tre'' (20)  S enators

H  o rsfall, Rothwell, Le Maistre, Q  u érée, Bailhache , Syvret.

D eputies

R u m boll(H), St. Peter , H. Baudains(C), L e Sueur(H), Coutanche(L),

S . B audains(H), Le Geyt(S), Carter(H), J o h ns(H), Matthews(B),  Layzell(B), B r e ckon(S), Grouville , Huet(H).

Royal Court (Amendment No. 8) (Jersey) Law 1996 (Appointed Day) Act 1996 - P.103/96

THE STATES, in pursuance of Article 3 of the Royal Court (Amendment No. 8) (Jersey) Law 1996, made an Act entitled the Royal Court (Amendment No. 8) (Jersey) Law 1996 (Appointed Day) Act 1996.

Health Insurance (Medical Benefit) (Amendment No. 46) (Jersey) Regulations 1996 - P.110/96

THE STATES, in pursuance of Articles 18 and 46 of the Health Insurance (Jersey) Law 1967, as amended, made Regulations entitled the Health Insurance (Medical Benefit) (Amendment No. 46) (Jersey) Regulations 1996.

Health Care (Registration) (Jersey) Regulations 1996 - P.111/96

THE STATES, in pursuance of Article 17 of the Health Care (Registration) (Jersey) Law 1995, made Regulations entitled the Health Care (Registration) (Jersey) Regulations 1996.

Establishments for Massage or Special Treatment (Licensing) (Repeal) (Jersey) Law 199  - P.112/96

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Establishments for Massage or

Special Treatment (Licensing) (Repeal) (Jersey) Law 199 .

Termination of Pregnancy (Jersey) Law 199  - P.116/96

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Termination of Pregnancy (Jersey) Law 199 .

Draft Limited Liability Partnerships (Jersey) Law 199  - P.84/96

Deputy Jeremy Laurence Dorey of St. Helier proposed that the States move to the consideration of the next item on the order paper, which proposition was rejected, fewer than 20 members voting in support thereof.

THE STATES continued consideration of the draft Limited Liability Partnerships (Jersey) Law 199 having, on 2nd July 1996, adopted the Preamble.

Article 1 - consideration was deferred. Article 2 was adopted.

Members present voted as follows -

P o u r'' (24) Senators

 H orsfall, Rothwell, Le Maistre, Stein. Connétable s

S t. Clement, St. Lawrence, St. Mary, St. B relade, St. Peter, Grouville , St.

S aviour.

Deputies

W avell(S), Norman(C), St. Peter ,

H . Baudains(C), Le Sueur(H), St. Ouen, C outanche(L), Huelin(B), St. Mary,

C respel(H), Pullin(S), Trinity ,

R outier(H).

C o n tre'' (19) Senators

 L e Main, Quérée, Bailhache , Syvret, Tomes. Connétable s

 S t. Helier, Trinity .

Deputies

S . Baudains(H), Carter(H), Johns(H),

D uhamel(S), Matthews(B), Dorey(H),

L ayzell(B), Breckon(S), Grouville , Huet(H), S t. Martin, St. John.

Article 3 was adopted.

Members present voted as follows -

P o u r'' (20) Senators

 H orsfall, Rothwell, Stein. Connétable s

S t. Lawrence, St. Peter, Grouville , St. S aviour.

Deputies

N orman(C), St. Peter, H. Baudains(C), Le S ueur(H), St. Ouen , Coutanche(L),

H uelin(B), St. Mary, Crespel(H), Pullin(S), T rinity, Carter(H), Routier(H).

C o n tre'' (13) Senators

 L e Main, Quérée, Syvret. Connétable s

 T rinity.

Deputies

J ohns(H), Matthews(B), Dorey(H),

L ayzell(B), Breckon(S), Grouville , Huet(H), S t. Martin, St. John.

Aritcles 4 and 5 were adopted.

Members present voted on Article 5 as follows -

P o u r'' (21) Senators

 H orsfall, Rothwell, Le Maistre, Stein, B ailhache.

Connétable s

S t. Clement, St. Lawrence, St. Brelade , G rouville, St. Saviour .

Deputies

N orman(C), St. Peter, H. Baudains(C), Le S ueur(H), Coutanche(L), Huelin(B), St. M ary, Crespel(H), Pullin(S), Trinity ,

R outier(H).

C o n tre'' (18) Senators

 L e Main, Quérée, Syvret. Connétable s

 S t. Mary, St. Peter, St. Helier , Trinity .

Deputies

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

M atthews(B), Dorey(H), Layzell(B),

B reckon(S), Grouville , Huet(H), St. Martin , S t. John.

Article 6 was adopted. Adjournment

THE STATES adjourned, having agreed to continue consideration of the draft Limited Liability Partnerships (Jersey) Law 199 and the

other outstanding items of business on Tuesday, 30th July 1996.

THE STATES rose at 6.10 p.m.

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