The official version of this document can be found via the PDF button.
The below content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments.
STATES MINUTES 2 4 t h S e ptember 1996 P ri c e : £ 1 . 5 0
T HE STATES assembled on Tuesday, 24th September 1996 at 9.30 a.m. under t h e Presidency of the Bailiff ,
S ir P hilip Bailhache
_ _ _ _ _ _ ______
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 Stuart Syvret - suspended
S enator Vernon Amy Tomes - ill
I ris Medora Le Feuvre, Connétable of St. L awrence - out of the Island
J ohn Baudains Germain, Connétable of St. M artin - out of the Island
_ _ _ _ _ _ ______
P r a y e rs
_ _ _ _ _ _ ______
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Royal Court (Amendment No. 9) R u l es 1996. R & O 8970.
2 . Royal Court (Amendment No. 10) R u l es 1996. R & O 8971.
3 . Road Traffic ( Grouville )
( A m endment No. 13) (Jersey) Order 1996. R & O 8972.
4 . Insurance Business (General P r o visions) (Jersey) Order 1996. R & O 8973.
5 . Insurance Business (Solvency M a rgin) (Jersey) Order 1996. R & O 8974.
6 . Motor Cars (Driving Instruction)
( A m endment No. 7) (Jersey) Order 1996. R & O 8975.
7 . Motor Vehicle Registration
( G e neral Provisions) (Amendment No. 4) ( J er sey) Order 1996. R & O 8976.
8 . Motor Vehicles (Driving
L i c ences) (Amendment No. 5) (Jersey) O rd er 1996. R & O 8977.
9 . Motor Vehicles (Construction and
U se ) (Amendment No. 35) (Jersey) Order 1 9 9 6. R & O 8978.
Harbours and Airport Committee - appointment of President
THE STATES, on the proposition of Senator Reginald Robert Jeune , appointed Senator Antony Beresford Chinn as President of the Harbours and Airport Committee.
Harbours and Airport Committee - appointment of members
THE STATES, on the proposition of Senator Antony Beresford Chinn, President of the Harbours and Airport Committee, appointed the following as members of that Committee -
J ohn Baudains Germain, Connétable of St. M artin
P hilip Roy Cabot, Connétable of Trinity
M ichael Adam Wavell, Deputy of St. Saviour L eonard Norman, Deputy of St. Clement
P ercy John Le Masurier, Deputy of St. Ouen J ames Thomas Johns, Deputy of St. Helier .
Matters presented
The following matters were presented to the States -
1 . Training and Employment
P a r tnership - strategy (P.137/96): c o m ments - P.144/96.
P r e sented by the Policy and
R e s ources Committee.
2 . Organic farming - R.C.23/96.
P r e sented by the Agriculture and
F i s heries Committee.
T H E STATES ordered that the said report b e p rinted and distributed.
3 . Manpower report for the period
1 s t January 1996 to 30th June 1996 -
R . C .24/96.
P r e sented by the Establishment
C o m mittee.
T H E STATES ordered that the said report b e p rinted and distributed.
4 . Welfare benefits: recommended
r a tes from 1st October 1996 -
R . C .25/96.
E m ployment and Social Security
C o m mittee.
T H E STATES ordered that the said report b e p rinted and distributed.
Matters noted - land transactions
THE STATES noted an Act of the Finance and Economics Committee dated 16th September 1996, showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Harbours and A ir port Committee, the renewal of the
l e as e to Messrs. D.C. and M.J. L'Enfant
o f t he Victoria Pier Bunker Vivier
( L e tting No. V32/V32B), for a further
p e r iod of three years from 1st August
1 9 9 6 at an annual rent of £1,566.53
( b a sed on a letting area of 500 square
f e et at a rate of £3.13 a square foot)
s u b ject to annual review;
( b) as recommended by the Public
S e r vices Committee, the purchase from A st ra Holdings Limited of 249 square
f e et of land at the junction of La
R o u te des Genets and La Rue Don, St. B r e lade, for a consideration of £240,
w it h the Committee being responsible f o r all reasonable legal costs involved
i n t he transaction and the cost of the a c c ommodation works required;
( c) as recommended by the Public
S e r vices Committee, the renewal of the
l e as e from Mr. Martin Ralph Chinnery of t h e three-bedroom property, 1 Clos du
D o uet, St. John, for a further period
o f o ne year from 1st September 1996 at
a n a nnual rent of £11,448.47, required
t o a ccommodate an employee whose
c o n tract of employment had been
e x te nded for a further year;
( d) as recommended by the Housing
C o m mittee, the grant to the Modern H o tels Group (owners of the Mayfair H o tel Limited and the Hotel des
V o yagers Limited) of a wayleave to c o n nect the mains water supply, foul s e w age and surface water drainage,
r e sp ectively, and pipes of the hotels u n d er public land at De Quetteville
C o u rt, St. Helier, in exchange for -
( i) the Jersey Electricity Company
L im it e d being granted, by the
M o d e r n Hotels Group (owners of the H o t el Metropole (Jersey) Limited),
th e ap p ropriate wayleave to
in s ta l l and maintain its existing
el e c tr i city cable (to Sub-Station
5 9 3 ) u nder the private roadway off
S t. C le ment's Road, St. Helier , on
th e b as is that the Committee would
b e r e sp onsible for any costs which
w e r e i ncurred by the Jersey
E le c t ri city Company Limited in
re l a ti o n to the transaction; and
( ii ) the Modern Hotels Group (owners of th e H o tel Metropole (Jersey)
L im it e d and the Ritz Hotel
(J e r se y ) Limited) entering into a
D e e d o f Arrangement to clarify the
b o u n d aries at Keith Baal Gardens,
S t. H e lier, on the basis that each
p ar t y w ould be responsible for its
o w n le gal fees associated with the
tr a n sa c tion;
( e) as recommended by the Housing
C o m mittee, a Deed of Arrangement with t h e Modern Hotels Group (owners of the H o tel Metropole (Jersey) Limited and
t h e Ritz Hotel (Jersey) Limited) in
o r der to clarify the boundaries between K ei th Baal Gardens, St. Helier, and the a d ja cent land which belonged to the
G ro up, with each party being
r e sp onsible for its own legal costs
a s s ociated with the transaction.
Matters lodged
The following matters were lodged au Greffe'' -
1 . Draft Police Force (Amendment
N o . 6) (Jersey) Law 199 - P.145/96. P r e sented by the Defence
C o m mittee.
2 . Jersey Post Office Limited:
in c orporation - P.146/96.
P r e sented by the Committee for P o s tal Administration.
3 . Jersey Telecoms Limited:
i n co rporation - P.147/96.
P r e sented by the
T e l ecommunications Board.
4 . Draft Parish Rate (Jersey) Law 1 9 9 - P.148/96.
P r e sented by the Connétable of S t . Clement.
5 . Land at Ville ès Renauds,
G ro uville - P.149/96.
P r e sented by the Connétable of
G ro uville and referred to the Planning a n d Environment Committee.
6 . Smoking and health - P.150/96. P r e sented by the Health and
S o c ial Services Committee.
7 . Draft Licensing (No. 11)
( J er sey) Regulations 199 - P.151/96. P r e sented by the Tourism
C o m mittee.
8 . Draft States of Jersey
( A m endment No. 5) Law 1996 (Appointed D ay ) Act 199 - P.152/96.
P r e sented by the Policy and
R e s ources Committee.
Arrangement of public business for the next meeting on 8th October 1996
THE STATES agreed that the following matters lodged au Greffe'' would be considered at the next meeting on 8th October 1996 -
H ealth and Social Services towards 2000: S trategy 1997 - 2000 - P.106/96.
L odged: 9th July 1996.
H ealth and Social Services Committee.
D raft Advocates and
S olicitors (Jersey) Law 199 - P.108/96. L odged: 9th July 1996.
L egislation Committee.
D raft Advocates and
S olicitors (Jersey) Law 199 (P.108/96): a mendment - P.115/96.
L odged: 9th July 1996.
S enator C. Stein.
D raft Advocates and
S olicitors (Jersey) Law 199 (P.108/96): s econd amendments - P.133/96.
L odged: 27th August 1996.
D eputy D.A. Carter of St. Helier .
T raining and Employment Partnership: s trategy - P.137/96.
L odged: 3rd September 1996.
E mployment and Social
S ecurity Committee.
T raining and Employment Partnership -
s trategy (P.137/96): comments - P.144/96. P resented: 24th September 1996.
P olicy and Resources Committee.
D raft Police Force (Amendment No. 6) ( Jersey) Law 199 - P.145/96.
L odged: 24th September 1996.
D efence Committee.
D raft Parish Rate Law (Jersey) Law 1 99 - P.148/96.
C onnétable of St.
C lement.
S trategic Policy Review and Action
P lan 1996 - P.129/96, paragraph 2(a).
L odged: 20th August 1996, debated 10/11th S eptember. Proposition adopted as amended, e xcept for paragraph 2(a) deferred.
P olicy and Resources Committee.
S trategic Policy Review and Action
P lan 1996 (P.129/96): amendment - P.143/96. L odged: 10th September 1996 by Deputy P.J. R ondel of St. John.
D eputy G. Matthews of St. Brelade.
S moking and health - P.150/96.
L odged: 24th September 1996.
H ealth and Social Services Committee.
D raft States of Jersey
( Amendment No. 5) Law 1996 (Appointed Day) A ct 1996 - P.152/96.
L odged: 24th September 1996.
P olicy and Resources
C ommittee.
Joint Advisory Council: constitution and terms of reference (P.109/96) - amendment - P.126/96 (Revised)
THE STATES noted that Senator Terence John Le Main had withdrawn his amendment to the constitution and terms of reference of the Joint Advisory Council (P.109/96) - P.126/96
(Revised) - lodged au Greffe'' on 30th July
1996.
Channel Islands Electricity Grid - P.136/96 - deferred
THE STATES decided to defer consideration of the proposition of the Finance and Economics Committee regarding a Channel Islands
Electricity Grid to its next meeting.
Limited Liability Partnerships (Jersey) Law 199 - questions and answers (Tape No. 361)
Deputy Alastair John Layzell of St. Brelade asked Senator Pierre François Horsfall, President of the Finance and Economics Committee, the following questions -
1. W ould the President confirm that
th e F in ance and Economics
C o m m ittee's Act of 21st November 1 9 9 5 , in which the Committee
re q u e s ted the Policy and Resources
C o m m ittee to make available law
d ra f ti n g time for the draft
L im it e d Liability Partnerships
(J e r se y ) Law 199 , was withheld
fr o m m embers of the Policy and
R e s o u rces Committee at its meeting
o n 2 8 t h November 1995?
2 . If the answer to question one is yes',
w o uld the President say who decided to w it hhold the Act?''
The President of the Finance and Economics Committee replied as follows -
1. Q uestion 1 arises from paragraph 2
o f 2 8 th November entry which is on
p ag e 3 of the so-called Limited
L ia b i li ty Partnerships Law
C h r o n ology' issued by Deputy A.J.
L a y z el l and circulated to all
m e m b ers on Saturday, 21st
S e p te m ber, although, to my
k n o w l edge, some of the media had
co p i e s in their possession prior
to th a t date. The entry in
q u es t io n reads - The Finance and
E c o n o mics Committee Act is
w i th h e ld from Policy and Resources C o m m ittee members according to the C h ie f Adviser at the request of
th e th e President of the Finance
an d E c onomics Committee and the
D i re c t or of the Financial Services
D e p a rt ment''.' I do not have to
te l l m e mbers that this is a very
se r io u s allegation which has been
w i d el y published and which I
d ee p l y resent and utterly refute,
p ar t ic u larly when I learn that
D e p u ty Layzell at least up to the
ti m e o f writing this reply (4 p.m.
M o n d a y, 23rd September), has not
ev e n b othered to contact the Chief
A d v i se r to ascertain if what is
b ei n g attributed to him is true,
ev e n th ough I denied the
al l eg a t ion to the Deputy on the
te l ep h o ne on Wednesday, 18th
S e p te m ber and again in the Jersey
E v e n in g Post on Thursday, 19th
S e p te m ber. Had he done so the
C h ie f Adviser would have corrected w h a t i s an erroneous and
d ef a m atory statement which has now b ee n w idely published beyond the
sa f e ty of the privilege of this
H o u s e . In my opinion this tawdry ep i s ode discredits the Deputy and th e fo u r others who have joined
w i th h im in this exercise,
d is c re d its the chronology and does th i s H o use a great disservice.
T h e particular answer to the question i s th at the contents of the Act were
n o t withheld from the members of the P o l icy and Resources Committee.
T h e actual circumstances were that the
A ct , marked strictly confidential' was
r e ce ived by the Chief Adviser on
M o nday, 27th November 1995. As the
P o l icy and Resources Committee meeting w as to be held on the following morning i t w as not possible to circulate it
p r io r to the meeting. The Chief Adviser
s h a res my view that at the meeting the
m em bers received a full account of the
b a c kground to the request, including
t h e information contained in the Act of
t h e Finance and Economics Committee.
T he main point of the discussion that
e n s ued is included in the Policy and
R e s ources Committee minute of the
m ee ting, i.e. it was understood by the
C o m mittee that the work involved in
c h e cking the draft Law and making sure t h at it conformed to local systems
s h o uld not be onerous and would not
t h er efore significantly affect the 1996
L a w Drafting Programme.'
2 . In view of the reply to question 1
w h ich is negative this question does n o t arise.''
1996 Census - statement
The President of the Etat Civil Committee made a statement in the following terms -
Members will recall that a population
c ensus was conducted by the Etat Civil
C ommittee in March this year. I am pleased t o be able to provide members with the
p reliminary results of that census.
T he resident population of the Island - t hat is those people present on the night
o f 10th March 1996, excluding visitors,
p lus those normally resident but who were
a bsent on census night - was 85,150. This
f igure represents an increase of 1,068 or
1 .3 per cent between March 1991 and March 1 996.
T he increase in the resident population
a rises entirely from natural factors.
B etween March 1991 and March 1996 the n umber of births recorded in the Island
e xceeded the number of recorded deaths by 1 ,497. Over the same period the number of p eople emigrating from the Island exceeded t he number of people immigrating to the
I sland by 429.
T he annual average rate of population
i ncrease between March 1991 and March 1996 w as 213, which compares with an annual rate
o f increase of 775 between March 1986 and M arch 1991.
T he Census Officer has prepared a
p reliminary report on the 1996 census
r esults for my Committee, and this report i s available for circulation to members
d uring this morning's sitting. A full
r eport on the 1996 census will be prepared b y the Census Officer, and my Committee w ill present this report to the States at
t he earliest possible date.
I should like to take this opportunity to
t hank the Census Officer and his team - in
p articular Mary Austin, Dr. Bob McNab and t he Census supervisors and enumerators -
f or their efficient organisation and
c onduct of the census. Members will
a ppreciate that this is a major task and
i ts successful outcome is of great
i mportance to the Island.
I should also like to thank the general
p ublic for their co-operation, without
w hich it would not be possible to carry out a census.''
Committee of Inquiry: Draft Limited Liability Partnerships (Jersey) Law 199
THE STATES commenced consideration of a proposition of Senator Pierre François Horsfall, requesting the States, in accordance with Article 30 of the States of Jersey Law 1966, to appoint a Committee of Inquiry to investigate the procedure followed in relation to the time- tabling, preparation and presentation to the States of the draft Limited Liability Partnerships (Jersey) Law 199 (P.84/96), and to request the senior Senator to present for the approval of the States nominations for the Chairman and members of the Committee of Inquiry. After discussion, and on the proposition of Senator Richard Joseph Shenton, the proposition was lodged au Greffe''.
THE STATES, on the proposition of Senator Richard Joseph Shenton, agreed that the proposition should be taken as the first of the items lodged au Greffe'' set down for discussion at its next meeting on 8th October 1996.
The Royal Bank of Scotland International Limited (Jersey) Law 1996 (Appointed Day) (No. 2) Act 1996 - P.135/96
THE STATES, in pursuance of paragraph (3) of Article 10 of The Royal Bank of Scotland International Limited (Jersey) Law 1995, made an Act entitled The Royal Bank of Scotland International Limited (Jersey) Law 1995 (Appointed Day) (No. 2) Act 1996.
Limited Liability Partnerships (Jersey) Law 199 - P.138/96
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Limited Liability Partnerships
(Jersey) Law 199 .
Members voted on the Law in Third Reading as follows -
P o u r'' (38) Senators
S henton, Horsfall, Rothwell, Le Main, Le M aistre, Stein, Chinn, Bailhache .
Connétable s
S t. Clement, St. Mary, St. Brelade , St. P eter, Grouville , St. Helier , St. Saviour, S t. Ouen, St. John, Trinity .
Deputies
R umboll(H), Wavell(S), Norman(C), St. P eter, H. Baudains(C), Le Sueur(H), St.
O uen, Coutanche(L), Huelin(B), St. Mary, S . Baudains(H), Le Geyt(S), Walker (H), C respel(H), Pullin(S), Johns(H),
R outier(H), Dorey(H), Huet(H). St. John.
C o n tre'' (7) Senator
Q uérée. Deputies
C arter(H), Matthews(B), Layzell(B), B reckon(S), Grouville , St. Martin.
One member abstained from voting.
Joint Advisory Council: constitution and terms of reference - P.109/96, P.126 (Revised) and P.141/96
THE STATES, adopting a proposition of the Finance and Economics Committee -
( a) rescinded their Acts, dated 13th May
1 9 4 7, 29th April 1953 and 12th February 1 9 9 1, concerning the functions of the
J o in t Advisory Council;
( b) approved the appointment of a Joint
A d visory Council with the constitution
a n d terms of reference set out in the
A p pendix to the report of the Finance
a n d Economics Committee, dated 1st July 1 9 9 6, except that in paragraph 2(c) of
t h e Appendix for the words four
m em bers representing the Transport and
G en eral Workers Union'' there shall be
s u b stituted the words four members
r e p resenting employees, at least two of
w h om will be representatives of the
T r a nsport and General Workers Union.''
Planning and Building Control Charges: fee structure - P.120/96
THE STATES, adopting a proposition of the Planning and Environment Committee, expressed their support for the intention of the Planning and Environment Committee to introduce, with
effect from 1st January 1997, the fee structure for planning and building control services set out in the draft Island Planning Fees (Jersey) Order 1996 and the draft Building Bye-Laws (Amendment No. 5) (Jersey) 1996.
Members voted as follows -
P o u r'' (38) Senators
S henton, Jeune , Horsfall, Rothwell, Le M ain, Stein, Chinn, Bailhache .
Connétable s
S t. Clement, St. Mary, St. Brelade , St. P eter, St. Saviour , St. Ouen, St. John.
Deputies
R umboll(H), St. Peter , H. Baudains(C), Le S ueur(H), St. Ouen , Coutanche(L),
H uelin(B), St. Mary, S. Baudains(H), Le
G eyt(S), Walker (H), Crespel(H), Pullin(S), C arter(H), Johns(H), Duhamel(S),
R outier(H), Dorey(H), Layzell(B),
B reckon(S), Grouville , Huet(H), St. Martin .
C o n tre'' (6) Senator
L e Maistre.
Connétable s
G rouville, St. Helier , Trinity . Deputies
N orman(C), St. John.
Personal statement by Deputy A.J. Layzell of St. Brelade
Deputy Alastair John Layzell of St. Brelade made a statement in the following terms -
Sir, I have asked your permission to make a short statement which I had intended to
m ake after my question to Senator Horsfall t his morning, but which was lost in the
s upplementary questioning which ensued.
I am sorry that Senator Horsfall
i nterpreted my question as an attack on his p ersonal integrity and, if he did, I am
h appy to make it clear that I did not
i ntend it as such.
I remain deeply concerned about the way in w hich the draft Limited Liability
P artnerships Law reached this House and I w ill make representations to the Committee
o f Inquiry if and when it is established.''
Jersey Airport - funding: passenger load supplement - P.131/96
THE STATES rejected a proposition of the Tourism Committee requesting the Harbours and Airport Committee not to proceed with its proposals to increase the Passenger Load Supplement over the period 1996 to 1998, as a contribution towards financing the airport development, but to find
other means of financing that would be less detrimental to the tourism industry.
Licensing (Licence Fees) (Jersey) Regulations 1996 - P.139/96
THE STATES, in pursuance of Article 11 of the Licensing (Jersey) Law 1974, as amended, made Regulations entitled the Licensing (Licence Fees) (Jersey) Regulations 1996.
Bovine Spongiform Encephalopathy - P.140/96
THE STATES, adopting a proposition of the Agriculture and Fisheries Committee, suspended Article 18(8) of the Public Finances (Administration) (Jersey) Law 1967, as amended, and made available to the Agriculture and Fisheries Committee, with immediate effect, the additional funding required as a result of
recent developments in the situation regarding Bovine Spongiform Encephalopathy (B.S.E.), as set out in the Committee's report, dated 22nd August 1996, as follows -
( a) the sum of £324,000 for 1996 to cover t h e compensation costs, loss of income a n d additional operating costs incurred i n m eeting the B.S.E. slaughter policy; a n d
( b) the sum of £315,000 to be paid to vote N o . 0650 - Contingencies'' in order
t o r eimburse the funds approved by the
F i n ance and Economics Committee for the c o n struction of a carcass disposal
b u i lding.
THE STATES rose at 4.40 p.m.
G . H .C . C O PPOCK G re f fi e r o f the States.