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 30t h J an uary 1996 P ri c e : £ 2.25
T HE STATES assembled on Tuesday, 30th January 1996 at 9.30 a.m. under
the Presidency of the Deputy Bailiff ,
F r ancis Charles Hamon, 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 Reginald Robert Jeune - out of the I sland
S enator Patricia Ann Bailhache - out of the I sland
L eonard René Hamel, Connétable of St.
C lement - ill
J ohn Nicolle Le Fondré, Deputy of St.
L awrence - ill
F rank Harris on Walker , Deputy of St.
H elier - out of the Island.
__ _______ ___
P r aye rs
__ _______ ___
Matters presented
The following matter was presented to the States -
V ictoria College: Memorandum of U nderstanding - R.C.2/96.
P resented by the Education
C ommittee.
Matters noted - land transactions
THE STATES noted an Act of the Finance and Economics Committee dated 22nd January 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 i r port Committee, the lease to
C om modore Shipping Company Limited of of fi ces (Letting No. E22) measuring
681 s quare feet on the first floor of
t he E lizabeth Terminal, St. Helier , for
a f ur ther period of three years (with
an op tion to renew for a further three
year s) from 15th January 1996, at an
annua l rent of £5,992.80, based on a
r at e of £8.80 a square foot subject to
annua l review on 1st November;
( b) as recommended by the Harbours and A i r port Committee, the renewal of the l eas e to Casters Sea Angling Social
C l ub o f the Alcove (Letting No. STC1) on S t. Catherine's Breakwater, St.
Mar tin, for a further period of three
year s from 1st November 1995, at an
annua l rent of £12, subject to annual
r ev iew, on the basis that the Club
w o ul d continue to be responsible to
m ai ntain the premises and to pay for
r ep airs and services;
( c) as recommended by the Harbours and A i r port Committee -
( i) the annulment of the lease to
M es s rs . David Neal and Gary Neal C ow bur n of 5,776 square feet of
ac com modation on the first floor
of t he V ictoria Pier Warehouse,
S t. H el ier, (Letting No. V12S) at
an annua l rent of £17,611
( r epr esenting a rate of £3.049 a
sq uar e foot) for a period of nine
ye ar s f rom 1st March 1995; and
( ii ) t he lease to Messrs. David Neal
an d G ar y Neal Cowburn of
2,88 8 s quare feet of accommodation on t he first floor of the Victoria
P ier W arehouse, St. Helier ,
(L et ti n g No. V12S) at an annual
rent of £8,805.51 (representing a
rat e of £3.049 a square foot) for
a p er i od of nine years from 1st
Ja nuar y 1996;
( d) as recommended by the Health and
S oci al Services Committee, the lease
f rom Mr. John Menzies Scarborough of B r iville', La Rue du Tas de Geon,
T r ini ty, from 1st February 1996 at an
annua l rent of £14,300, payable
quar terly in advance.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Policing of Roads
( A m endment No. 7) (Jersey) Regulations 199 - P.17/96.
P r es ented by the Public Services
C om mittee.
2 . Draft Drug Trafficking
( M i scellaneous Provisions) (Jersey) Law 199 - P.18/96.
P r es ented by the Finance and
E conom ics Committee.
3 . Draft Drug Offences
( Int ernational Co-operation) (Jersey) L aw 199 - P.19/96.
P r es ented by the Finance and
E conom ics Committee.
4 . Draft Public Finances
( A dm inistration) (Amendment No. 8) ( Je r sey) Law 199 - P.20/96.
P r es ented by the Finance and
E conom ics Committee.
5 . Draft The Royal Bank of Scotland
I nt er national Limited (Jersey) Law 1995 ( A ppoi nted Day) Act 199 - P.21/96.
P r es ented by the Finance and
E conom ics Committee.
6 . 9 St. James Street, St. Helier : s al e - P.22/96.
P r es ented by the Health and
S oci al Services Committee.
7 . Company of Town Pilots: loan - P .23/ 96.
P r es ented by the Finance and
E conom ics Committee.
8 . Waterfront Enterprise Board
L i m ited: constitution of Board of D i r ectors - P.24/96.
P r es ented by Deputy R.E.R.
R um boll of St. Helier .
9 . Waterfront Enterprise Board
L i m ited: appointment of Chairman and D i r ectors (P.15/96): second
am endm ent - P.25/96.
P r es ented by Deputy A.J. Layzell
of S t. Brelade.
The following matter was lodged au Greffe'' on 23rd January 1996 -
W aterfront Enterprise Board:
a ppointment of Chairman and Directors ( P.15/96): amendment - P.16/96.
P resented by Senator R.J. Shenton.
Newtown Buildings, David Place, St. Helier : sale of No. 1 - P.13/96. Withdrawn
THE STATES noted that the President of the Health and Social Services Committee had withdrawn the proposition relating to the sale
of No. 1 Newtown Buildings, David Place, St. Helier (P.13/96 - lodged au Greffe on 16th January 1996) which had been set down for debate at the present meeting.
Arrangement of public business for the next meeting on 13th February 1996
THE STATES confirmed that the following subjects lodged au Greffe'' would be considered at the
next meeting on 13th February 1996 -
T elevision subtitling and bursaries in b roadcast journalism - P.177/95.
L odged: 5th December 1995.
B roadcasting Committee.
W aterfront Enterprise Board Limited:
a ppointment of Chairman and Directors - P .15/96.
L odged: 16th January 1996.
P olicy and
R esources Committee.
W aterfront Enterprise
B oard Limited: appointment of Chairman and D irectors (P.15/96): amendment - P.16/96.
L odged: 23rd January 1996.
S enator R.J. Shenton.
W aterfront Enterprise Board Limited:
a ppointment of Chairman and Directors ( P.15/96): second amendment - P.25/96. D eputy A.J. Layzell of St. Brelade .
D raft Airport Dues (Amendment No. 3) ( Jersey) Law 199 - P.89/95.
L odged: 11th July 1995.
H arbours and Airport Committee.
D raft Policing of Roads (Amendment
N o. 7) (Jersey) Regulations 199 - P.17/96. L odged: 30th January 1996.
P ublic Services Committee.
D raft The Royal Bank of
S cotland International Limited (Jersey) Law 1 995 (Appointed Day) Act 199 - P.21/96. L odged: 30th January 1996.
F inance and Economics Committee.
9 St. James Street, St. Helier :
s ale - P.22/96.
L odged: 30th January 1996.
H ealth and Social Services Committee.
C ompany of Town Pilots: loan - P .23/96.
L odged: 30th January 1996.
F inance and
E conomics Committee.
Waterfront Enterprise Board Limited: constitution of Board of Directors - P.24/96
THE STATES rejected the proposition of Deputy Robin Ernest Richard Rumboll of St. Helier that his proposition regarding the constitution of
the Board of Directors of the Waterfront Enterprise Board Limited (lodged au Greffe''
at the present meeting) be considered before
the proposition of the Policy and Resources Committee regarding the appointment of a Chairman and Directors of the Waterfront Enterprise Board Limited (P.15/96 - lodged au Greffe'' on 16th January 1996).
Decision conferencing - questions and answers (Tape No. 322)
Senator Stuart Syvret asked Senator Pierre François Horsfall, Vice-President of the Policy and Resources Committee, the following questions -
1. I s it the intention of the Policy
an d R es ources Committee to use the techn ique of decision conferencing in det er mining priorities for
pub li c exp enditure in 1997?
2 . For what types of expenditure will t he t echnique be used?
3 . To what extent will States
m em bers participate in the decision conf erencing process?''
The Vice-President of the Policy and Resources Committee replied as follows -
1. T he Policy and Resources Committee
w i ll be us ing the technique of
de cision conferencing in
de t er m ining priorities for capital ex pendi ture covering the capital pr ogr a mme for the period 1997- 200 0.
P er haps I might take this opportunity
t o r emind those members who did not
at t en d the seminar on decision
conf erencing, arranged by the Policy
and R esources Committee in November of l as t year, that decision conferencing
i s a pr ocess whereby a group of
i ndividuals meet together in a problem
s ol vi ng workshop and reach a consensus on r elative priorities.
2 . The Policy and Resources Committee is
s ol el y concerned with the capital
pr og ramme. However, I should like to
t ake t his opportunity to tell members
t ha t the Finance and Economics
C om mittee is firmly of the view that
deci sion conferencing is a valuable
t oo l which can assist Committees in
i de nt ifying and assessing the relative
pr ior ities of the services they
pr ov ide. Committees therefore are being
enco uraged to use the technique in
under taking the 1997 revenue
expe nditure budget exercise, and a
num ber of Committees have already
i nd icated their willingness to
par ticipate in the process. Support
w i l l be available from the Finance and
E conom ics Committee and an independent expe rt.
3 . One of the criticisms of the decision
conf erence held last year upon which
t he cap ital programme for 1996 to 1999
i nc l uded in the Strategic Policy Review
1995 w as based was that the process did
not involve politicians. This year the
deci sion conference for the capital
pr og ramme 1997-2000 will be a political
f or um involving one member from each of t he C ommittees that have submitted
r eq uests for projects to be included in
t he pr ogramme.
A s f ar as the revenue expenditure budge ts are concerned, although this does not come within the ambit of the
P ol icy and Resources Committee, I can t el l members that within their
i nd ividual Committees they will need to be i nvolved in the decision
conf erencing process in evaluating the budge tary options produced by their
of fi cers using the technique. Also when C om mittees have completed their revenue budge t exercise for 1997 the priorities
of e ach Committee will be considered
al ongs ide the priorities of others and
i t i s planned that this process will
i nv olve politicians in the same way as
t he cap ital programme decision
conf erence.''
Rights of a natural father in respect of his children born outside marriage - questions and answers (Tape No. 322)
Deputy Shirley Margaret Baudains of St. Helier asked the Connétable St. Saviour , President of the Health and Services Committee, the following questions -
- Wo uld the President advise
m em ber s -
( a ) what are the parental rights of
the na t ural father in regard to
ch i l dr e n born within a common law m ar ri age' ?
( b ) to what extent would those rights ch ange in the event of the
rel a ti ons hip between the
ch i l dr e n's father and mother
en di ng (for example, by the
m ot h er's death or desertion from
the r el ationship)?
2 . In what circumstances may a natural f at her of children born outside a
m ar riage be eligible to adopt those
chi l dren?
3 . What are the parental rights of a
nat ur al father in regard to children bor n outside marriage, if he
s ubs equently marries the children's m o ther?
4 . In what way, if any, do the rights of a nat ur al father in Jersey, of children
bor n outside marriage, differ from the r ight s of a similar person in the
U n i ted Kingdom?
5 . Would the President advise members
w h et her the rights of the natural
f at her in Jersey of children born
out side marriage are to be changed by
t he pr oposed Child Custody Law and, if s o -
( a ) what the changes are likely to be; ( b ) will those changes give the na t ur al father equal rights to thos e pr ovided in other
jur is di ctions?
6 . Is the President able to advise members w h en t he Child Custody Law is likely to be pr esented to the States for
deba te?''
The President of the Health and Social Services Committee replied as follows -
1.(a) The Law of Jersey does not
recogn ise the concept of a common law m a rriage. Either the parents
of t he chi ld are married to one
an ot he r or they are not. If they
ar e no t married to one another,
the m ot her may be single or she
m ay be married to a third party
w ho i s not the natural father of
the ch i ld.
I f t he child is born or conceived while t he m other is married to some other per son who is not the natural father,
t ha t other person is, in the eyes of
t he l aw, the father of the child and has all rights and duties of a father.
I f t he mother is unmarried, she is the
s ol e l egal guardian of the child and
par ental rights are vested in her
al one. T he natural father has no legal
r ight s, although he may, if he and the m o ther agree, be registered as the
f at her . He can be required to pay
m ai ntenance for the child, and the
C our t may entertain an application from hi m for access to the child, but it
does so on a equitable basis and not by w a y of enforcing a legal right.
I f t he mother is unmarried,
but subsequently marries a person who i s not the father of the child, the
hus band becomes sole legal guardian of t he chi ld.
(b) The situation with regard to parental
r ight s does not alter solely by reason
of a change in the relationship between t he par ents.
- In the event of the mother's death the
nat ur al father could apply to adopt his nat ur al child if the child has been in
hi s car e for a minimum of three months. T hr ough the process of adoption he
w o ul d acquire parental rights. If the
m o ther is alive and consents to the adopt ion of a child by the natural
f at her it may also be possible for the nat ur al father to adopt the child. The nat ur al father could also adopt the
chi l d if he or she is in his care for
t he r equired period and the Court
cons idered that the consent of the
m o ther could be dispensed with for a
pr e scribed set of reasons, for
exam ple - the court was satisfied that
t he m other -
( a ) had abandoned, neglected or pe r s is t ently ill-treated the
inf a nt ;
( b ) could not be found or was
incap abl e of giving consent or was w i thhol ding consent unreasonably.
T he C ourt may also dispense with the m o ther's consent if it is satisfied
t ha t she has persistently failed to
di schar ge the obligations of a parent'.
- If the mother was not married to some
ot h er person at the time of the child's
bi rt h or conception, the marriage of
t he f ather and the mother legitimates
t he chi ld by operation of law. In such a ca se, either -
( a ) the parents may, and if the
na t ur al father has already been
regi st e red as the father must,
m ake a dec laration to the
S upe ri ntendent Registrar, who will re - regi ster the birth of the child
in t h e s ame way as if it had been
bor n l egi timate;
or
( b ) the child may apply to the Royal C our t f or a declaration that he
ha s bec ome a legitimated child.
I f at the time of the birth or
conc eption of the child the mother was m ar ried to some person other than the f at her , and she is subsequently
di v orced or widowed and married the [ 5na tural father, the child may apply
t o t he Royal Court for a declaration -
( i) that it was born illegitimate, and ( ii ) t hat it has been legitimated by the s u bs equent marriage of its tr ue par ents.
Whe n a child which was born
i ll e gitimate has been legitimated by
t he s ubsequent marriage of the parents, t he nat ural father becomes the sole
l egal guardian of the child.
- Under the terms of the Children's Act,
1989 t he natural father in England may by ag reement with the mother share
par ental responsibility of their
chi l dren. If the parents separate and
cann ot agree upon arrangements for the car e of the children the father may
appl y to the court for a range of
or de rs including a parental
r es pons ibility order, a residence order
and a contact order. This is not
pos sible under current Jersey Law. The nat ur al father would be entitled to
acc ess to his children but could not
obt ain parental responsibility for them exce pt through the means outlined in
t he ans wer to question 2.
5.(a) T he changes would enable the na t ur al father to enjoy the same ri ght s of access to the Court to be cons idered in matters of
co nt a ct , parental responsibility an d r es idence arrangements in res pe ct of a child as natural
fat h er s in England enjoy.
(b) As indicated in the answer to Question
5 (a ) he would have the same rights as t ho se enjoyed by natural fathers in
E ngl and under the terms of the
C hi ldren's Act 1989.
6. The proposed changes to the local child
cus tody laws are 19th on the current
l aw drafting schedule and it is hoped
t ha t the Law Draftsman will be able to
begi n work on the proposed Law by the end o f this year.''
Sound enhancement in the States Chamber - statement
The President of the House Committee made a statement in the following terms -
During the debate on the Simultaneous Voting/Enhanced Sound Systems, States
Chamber (P.115/95) on 24th October 1995, the enhancement of the sound system was welcomed by members as there would be a significantly improved audio quality for States' members, broadcasters and the general public.
Members will recall that it is proposed that provision for sound enhancement can be achieved by incorporating a fixed stem microphone and a Microphone Enable' button on each member's desk. Prior to speaking, a member will have to press the button to activate his/her microphone and will also have to switch it off once he or she has finished. Whilst any microphone is live, its integral warning light will remain lit. The Bailiff will be provided with an over-ride button which will give him priority over any other speaker. The advantages of this system will be the significant improvements in the quality of the audio feed to the
broadcasters and the sound reinforcement system in the Chamber as the proposal also provides for the installation of small loudspeakers in each member's position and others in the public galleries.
The validity of the quotation from Auditel in the sum of £30,541 has been extended to 21st February 1996 and I am pleased to tell members that the Finance and Economics Committee at its meeting on 22nd January 1996 agreed to make these funds available to the Public Services Committee in order that the quotation can be accepted. It is
proposed that the work will be undertaken during August this year when the States are not due to meet.
I wish to thank the Finance and Economics and Public Services Committee for their continued support and also the Department of Electronics for their advice and
assistance.''
La Route des Quennevais/Don Farm Road, St. Brelade : transfer of administration of land
THE STATES, adopting a proposition of the Housing Committee -
- approved the transfer of the
adm inistration from the Housing
C om mittee to the Public Services
C om mittee of an area of land at the
j un ction of La Route des Quennevais and D o n F arm Road, St. Brelade , as shown in r ed , on drawing No. 351/20;
- authorised the Greffier of the States
t o s ign the said drawing on behalf of t he S tates.
Janvrin School, Mont Cantel, St. Helier : approval of drawings
THE STATES, adopting a proposition of the Education Committee -
- approved drawings Nos. 2072-01C, 02C,
03B , 04A and 05B, showing the
r em odelling and enlargement of the Key S t a ge 1 (infants) area of Janvrin
S chool , Mont Cantel, St. Helier ; and
- authorised the Greffier of the States
t o s ign the said drawings on behalf of t he S tates.
Field 1007, St. John : petition - P.8/95
THE STATES, adopting a proposition of Senator Vernon Amy Tomes, requested the Planning and Environment Committee to approve an application by Mr. David Ronald Manning, under Article 6 of the Island Planning (Jersey) Law 1964, as amended, to allow the building of a house and store on Field 1007, St. John .
Members present voted as follows -
P our '' (28) Senators
Shenton, Rothwell, Le Main, Le Maistre, Stein, Quérée, Chinn, Syvret, Tomes.
Connétable s
St. Brelade , St. Peter , Grouville , St. Helier , Trinity , St. Martin , St. Ouen .
Deputies
Wavell(S), St. Peter , St. Ouen , St. Mary , S. Baudains(H), Le Geyt(S), Crespel(H), Trinity , Routier(H), Dorey(H), Breckon(S), Grouville .
C ont re'' (19) Senator
Horsfall.
Connétable s
St. Lawrence , St. Mary , St. Saviour , St.
John. Deputies
Rumboll(H), Norman(C), H. Baudains(C), Le Sueur (H), Coutanche(L), Huelin(B), Pullin(S), Carter(H), Johns(H), Matthews(B), Layzell(B), Huet(H), St. Martin , St. John .
Change in Presidency
The Deputy Bailiff informed members that as he was a member of the Victoria College Board of Governors he would not preside over the debate on the proposition of Deputy Frederick John Hill of St. Martin concerning the Board.
The Deputy Bailiff retired from the Chamber and the Greffier of the States, Geoffrey Henry Charles Coppock, Esquire, took over the Presidency.
Victoria College: Board of Governors - P.126/95
THE STATES rejected a proposition of Deputy Frederick John Hill of St. Martin to -
- charge the Education Committee to
pr e pare legislation -
( i) to repeal the Loi (1994)
(A m end ement No. 3) sur le Collège V i ct or ia;
( ii ) t o provide for the Board of
G over nors of Victoria College to be cons tituted on the same basis as t he four non fee paying
se conda ry schools, Hautlieu and the J e r sey College for Girls;
- request the Policy and Resources
C om mittee to cause the necessary
eval uations to be undertaken to
det er mine whether the preparation of t he nec essary legislation might be
adde d to the 1995/96 States Law
D r af ting Programme.
Members present voted as follows -
P our '' (10) Senator
Syvret. Connétable s
St. Helier , Trinity . Deputies
Carter(H), Johns(H), Duhamel(S), Matthews(B), Breckon(S), Huet(H), St. Martin .
C ont re'' (37) Senators
Shenton, Horsfall, Rothwell, Le Main, Le Maistre, Stein, Quérée, Chinn.
Connétable s
St. Lawrence , St. Mary , St. Brelade , St. Peter , Grouville , St. Saviour , St. Martin , St. Ouen , St. John .
Deputies
Rumboll(H), Wavell(S), Norman(C), St. Peter ,
H. Baudains(C), Le Sueur (H), St. Ouen , Coutanche(L), Huelin(B), St. Mary ,
S. Baudains(H), Le Geyt(S), Crespel(H), Pullin(S), Trinity , Routier(H), Dorey(H), Layzell(B), Grouville , St. John .
Change in Presidency
The Deputy Bailiff resumed the Presidency of the States.
Criminal Procedure ( Connétable s and Centeniers) (Jersey) Law 199 - P.180/95
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Criminal Procedure ( Connétable s and Centeniers) (Jersey) Law 199 .
Jersey Airport: lease to Esso Petroleum Limited - P.9/96
THE STATES, adopting a proposition of the Harbours and Airport Committee -
- approved the lease to Esso Petroleum
L i m ited of an area of land at the fuel
com pound at Jersey Airport, St. Peter
( L et ting No. B6), measuring
2,762 s quare yards, together with
acc ommodation in the adjacent building ( L et ting No. B6A) measuring 776 square f ee t , at an annual rent of £17,763.00,
f or a pe riod of 20 years from 1st
S ept ember 1994, with rent reviews as
s et out in the report of the Harbours
and A irport Committee, dated 14th
D e cem ber 1995;
- authorised the Attorney General and the
G r ef fier of the States to pass the
nece ssary contract on behalf of the
publ ic; and
- authorised the Treasurer of the States
t o r eceive the rent as it became due.
Elysée Estate redevelopment - Phase I: approval of drawings - P.11/96
THE STATES, adopting a proposition of the Housing Committee -
- approved drawings Nos. 3798/24 and
3798/ 40 to 56 showing the redevelopment of P hase I, Elysée Estate, St. Helier ;
- authorised the Greffier of the States
t o s ign the said drawings on behalf of t he S tates.
St. Ouen - homes for the elderly: financial assistance - P.12/96
THE STATES, adopting a proposition of the Finance and Economics Committee -
- authorised the granting of a loan to
t he P arish of St. Ouen for the purpose of a ssisting with the construction of
ni n e units of sheltered accommodation f or el derly people;
- agreed that the loan should not exceed
50 pe r cent of the cost of the project
( incl uding professional fees), up to a
m axi mum of £200,000, bearing interest at f our per cent a year and repayable
i n e qual annual instalments over a
per iod of 15 years; and
- agreed that the loan should be subject
t o t he condition that only
r es i dentially qualified persons,
appr oved by the Housing Committee,
w o ul d be allowed to occupy the units of acc ommodation.
Environmental Adviser to the States of Jersey: extension of contract - P.14/96
THE STATES, adopting a proposition of the Establishment Committee, referred to their Act dated 31st January 1995 in which they approved the appointment of Dr. Michael George Romeril as Environmental Adviser to the States of Jersey
for a contract period of three years with effect from 1st February 1995, and approved the extension of that contract for a further year to expire on 31st January 1999.
Jersey Airport: lease to International Energy Group Limited and Spellbound Limited - P.10/96 (Revised). Withdrawn
THE STATES granted leave to the Vice-President of the Harbours and Airport Committee to withdraw the proposition relating to the lease
of land at Jersey Airport to the International Energy Group Limited and to Spellbound Limited (lodged au Greffe'' on 16th January 1996).
Jersey Airport: lease to Shell U.K. Limited - P.8/96
THE STATES commenced consideration of a proposition of the Harbours and Airport Committee regarding the lease of land, office accommodation and related car parking to Shell U.K. Limited at Jersey Airport, St. Peter .
After discussion, Senator Richard Joseph Shenton proposed that the debate be adjourned until the next meeting.
Adjournment
THE STATES then adjourned, having agreed that the following matters should be considered as
the first items of matters lodged under Public Business at the next meeting on 13th February 1996 -
Stopford Road/Gas Works Gyratory Road Scheme: purchase and sale of land - P.183/95.
Lodged: 12th December 1995.
Planning and Environment Committee.
Draft Island Planning (Amendment No. 7) (Jersey) Law 199 - P.173/95. Lodged: 28th November 1995. Planning and Environment Committee.
THE STATES rose at 6.07 p.m.
G .H .C . C O P P O C K G r ef fi e r of the States.