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STATES MINUTES 3r d D e cem ber 1996 P r ice: £ 1.50
T HE STATES assembled on Tuesday, 3rd December 1996 at 9.30 a.m. under t he Presidency of the Bailiff ,
S ir P hi lip Bailhache
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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 Stuart Syvret - suspended
I mogen Stephanie Nicholls, Deputy of G rouville - ill.
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P r aye rs
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Tribute to the late Mr. N.S. Le Brocq - former Deputy of St. Helier
The Bailiff paid tribute to the late Mr. Norman Stuart Le Brocq, a former Deputy of St. Helier .
THE STATES observed one minute's silence as a mark of respect.
Deputy Viscount - retirement
The Bailiff informed the Assembly that Mr. Dennis R. Ferbrache, Deputy Viscount, was retiring after 41 years and, on behalf of the States, thanked him for his service.
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Prevention of Terrorism
( A ut horized Investigators) (Code of P r ac tice) (Jersey) Order 1996.
R & O 9019.
2 . Public Rank Taxis (Fares and C har ges) (Jersey) Order 1996. R & O 9020.
3 . Road Traffic (Saint Saviour)
( A m endment No. 4) (Jersey) Order 1996. R & O 9021.
4 . Road Traffic (Saint Brelade)
( A m endment No. 6) (Jersey) Order 1996. R & O 9022.
5 . Import and Export (Control)
( A m endment No. 3) (Jersey) Order 1996. R & O 9023.
6 . Amendment (No. 19) to the tariff of h arbour and light dues.
R & O 9024.
Matters presented
The following matters were presented to the States -
1 . Trade and Industry Sub-
C om mittee: report on local construction
i nd ustry - R.C.35/96.
P r es ented by the Finance and
E conom ics Committee.
T H E STATES ordered that the said report be pr inted and distributed.
2 . Trade and Industry Sub-
C om mittee: report on commercial floor
s pac e - R.C.36/96.
P r es ented by the Finance and
E conom ics Committee.
T H E STATES ordered that the said report be pr inted and distributed.
3 . Island Planning (Jersey) Law,
1964 (as amended) - proposed changes: dr a ft for consultation.
P l a nning and Environment
C om mittee
Matters noted - land transactions
THE STATES noted an Act of the Finance and Economics Committee dated 25th November 1996, showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Public Services C om mittee, the acquisition from Astra
H o l dings Limited of 240 square feet of
l and at the junction of La Route des
G e net s and La Rue Don, St. Brelade , for a co nsideration of £240,with the
C om mittee being responsible for all
r ea s onable legal costs involved in the
t rans action, the cost of the
acc ommodation works required and the paym ent to each of the three tenants of
an a mount of £16 for the inconvenience caus ed during the construction period
and a lso any reasonable legal fees
i nc ur red in the variation of the
l eas es;
( b) as recommended by the Planning and E nvi ronment Committee -
( i) the purchase from Mr. Peter
W i l li am Furzer, of land at Field
N o. 121 9, Mont à l'Abbé, St.
H el i e r (measuring three vergées - be i ng l and already vested in the
pub li c by c ompulsory purchase) at the pur chase price of £14,500 a
ve r gée , plus interest on the
di f fer e nce in price between that
cu r r e nt ly agreed and that paid
upo n t he vesting of the land in
ac cor danc e with the Compulsory
P ur chas e of Land (Procedures)
(J er sey ) Law 1961, as amended;
( ii ) t he purchase from Mr. Peter
W i l li am Furzer of a further
0.15 ver gée of land, being the
ex i s ti n g access track to Field
N o. 121 9, Mont à l'Abbé, St.
H el i e r , in the sum of £2,175, on
co ndi t ion that the accommodation w or k s nec essary to provide a new en t r ance gate and fencing, as
requi red to gain access to the
fi el d, be undertaken;
( ii i) t he payment to Mr. Peter
W i l li am Furzer of the sum of
£ 1,000 t ow ards the surveyor's
fees i n cur red by Mr. Furzer,
toge t he r w ith the reasonable
lega l f ees associated with the convey ance of the
abovem en tioned land to the
p ubl i c a nd i nterest on the
m oni es out standing since the d at e of v es ting.
Matters lodged
The following matters were lodged au Greffe'' on 26th November 1996 -
1 . Draft Teachers' Superannuation
( A m endment) (Jersey) Law 1996
( A ppoi nted Day) Act 199 - P.228/96. P r es ented by the Education
C om mittee.
2 . Broadcasting House, St. Helier : l eas e of office accommodation - P .229/ 96.
P r es ented by the Defence
C om mittee.
Arrangement of public business for the next meeting on 10th December 1996
THE STATES confirmed that the following matters lodged au Greffe'' would be considered at the
next meeting on 10th December 1996 -
D raft Health and Safety at Work (Amendment N o. 2) (Jersey) Law 199 - P.173/96.
L odged: 22nd October 1996.
E mployment and Social
S ecurity Committee.
D raft Terms of Employment (Amendment) ( Jersey) Regulations 199 - P.209/96.
L odged: 19th November 1996.
I ndustrial Relations Committee.
3 0 and 32 Seaton Place, St. Helier :
p urchase - P.210/96.
L odged: 19th November 1996.
P lanning and Environment Committee.
F ields 89 and 90, St.
B relade: transfer of administration -
P .217/96.
L odged: 19th November 1996.
P lanning and Environment Committee.
E lizabeth Castle and Mont
O rgueil Castle: transfer of usufruct - P .218/96.
L odged: 19th November 1996.
P ublic Services Committee.
J ersey Amateur Dramatic Club: further l oan - P.222/96.
L odged: 19th November 1996.
F inance and Economics Committee.
F ield 89, St. Mary : transfer
o f administration - P.223/96.
L odged: 19th November 1996.
A griculture and Fisheries Committee.
B ellozanne Valley, St. Helier : policy
f or purchase of properties - P.224/96. L odged: 19th November 1996.
P lanning and Environment Committee.
D raft Teachers' Superannuation
( Amendment) (Jersey) Law 1996 (Appointed D ay) Act 199 - P.228/96.
L odged: 26th November 1996.
E ducation Committee.
B roadcasting House, St. Helier : lease
o f office accommodation - P.229/96. L odged: 26th November 1996.
D efence Committee.
Racism and Racial Discrimination: Working Party - P.53/95. Withdrawn
THE STATES noted that Deputy Gary Matthews of St. Brelade had withdrawn his proposition regarding the setting up of a Working Party to investigate racism and racial discrimination and
to report back to the States with
recommendations (lodged au Greffe'' on 25th April 1995 and referred to the Policy and Resources Committee).
2 Clos de Malershe, Mont Millais, St. Helier : lease
THE STATES, adopting a proposition of the Committee for Postal Administration -
( a) approved the leasing by the Committee
f or P ostal Administration from Mr.
N i cho las John Agathangelou and Mrs.
A n dr oula Agathangelou, née Papageorgiou of t he property known as 2 Le Clos de
Mal ershe, Mont Millais, St. Helier , for
occu pation by the Director of Postal
O p er ations, for a period of two years
f rom the date of completion of the
l eas e, at an annual rent of £16,000.
( b) authorised the Greffier of the States t o s ign the lease.
Budget 1997
THE STATES commenced consideration of the Budget for the financial year commencing 1st January
1997, which in accordance with Article 16 of the Public Finances (Administration) (Jersey) Law 1967, as amended, had been presented to the Assembly on 12th November 1996, by the Finance and Economics Committee and lodged au Greffe'' and comprised -
( i) the estimate of the revenue income and of t he expenditure of the Committees of t he S tates;
( ii) t he estimate of the transactions of t he C apital fund;
( iii) the estimate of the transactions of t he t rading funds; and
( iv) t he report of the Finance and
E co nom ics Committee thereon.
THE STATES, having considered the estimates of the revenue income and of the expenditure of the various Committees, decided to allow the amounts of the said estimates as detailed in the undermentioned pages of the Budget as follows -
P olicy and Resources Committee - Page 2.
F inance and Economics Committee - Pages 2, 3 , 4, 5, 6, 7, 8, 9, 10 and 11.
D efence Committee - Pages 12, 13, 14 and 1 5.
P ublic Services Committee - Pages 16, 17, 1 8, 19, 20, 21, 22 and 23.
E ducation Committee - Pages 24, 25, 26, 27, 2 8, 29, 30 and 31.
H ealth and Social Services Committee - P ages 32, 33, 34 and 35.
A griculture and Fisheries Committee - Pages 3 6 and 37.
T ourism Committee - Pages 38 and 39.
E mployment and Social Security Committee - P ages 40 and 41.
P lanning and Environment Committee - Pages 4 2 and 43.
H ousing Committee - Pages 44 and 45.
E stablishment Committee - Pages 46 and 47. P rison Board - Pages 48 and 49.
S port, Leisure and Recreation Committee - P ages 48 and 49.
E tat Civil Committee - Pages 50 and 51.
C ottage Homes Committee - Pages 50 and 51.
G ambling Control Committee - Pages 50 and 5 1.
L egislation Committee - Page 50.
O verseas Aid Committee - Page 52.
B roadcasting Committee - Pages 52 and 53. I ndustrial Relations Committee - Page 52.
O ccupation and Liberation Committee - Page 5 2.
H ouse Committee - Page 54.
H arbours and Airport Committee - La
C ollette Reclamation Scheme - Pages 54 and 5 5.
T RADING COMMITTEES
H arbours and Airport Committee - Pages 56 a nd 57.
T elecommunications Board - Page 58.
C ommittee for Postal Administration - Page 5 9.
THE STATES noted a credit of revenue expenditure for each of the undermentioned Committees as shown on page 65 of the Budget -
£ P olicy and Resources Committee 16 3,600
F inance and Economics Committee 23,291,600 D efence Committee 18,6 67,000
P ublic Services Committee 15,2 39,800
E ducation Committee 52,294,2 00
H ealth and Social Services Committee 68,880 ,4 00
A griculture and Fisheries Committee 7,057,0
T ourism Committee 7,404, 000
E mployment and Social Security Committee 41 ,0 00,000
P lanning and Environment Committee 2,138,00 0
H ousing Committee 302,0 00 E stablishment Committee 3,222,2 00 P rison Board 3,660,0 00
S port, Leisure and Recreation Committee 3,4 5 4,000
E tat Civil Committee 63,000
C ottage Homes Committee 1 59,500
L egislation Committee 52,00 0
O verseas Aid Committee 2,700,0 00
B roadcasting Committee 3,600
I ndustrial Relations Committee 46, 000
O ccupation and Liberation Committee 11,400 H ouse Committee 4,000
THE STATES, referring to the summary of income and revenue expenditure appearing on page 69 agreed the total revenue expenditure in the sum
of £378,678,700; the total income from Committees in the sum of £142,860,300; and having allowed for the total investment income
in the sum of £5,000,000 and the estimated transfer to trading funds of £7,379,900, agreed
the amount to be transferred to the general
reserve in the sum of £26,000,000.
THE STATES noted that on the basis of levels of taxation proposed by the Finance and Economics Committee the surplus on the revenue account to be transferred to the Capital fund amounted to £11,835,800.
Having allowed for a balance of £35,692,000 to be brought forward at 1st January 1997, the transfer from the strategic reserve of £5,000,000, and taking into account the capital repayments and receipts of £30,155,000 the States noted that there would be available in the Capital fund the sum of £82,682,800.
THE STATES then proceeded to consider the
estimates of capital expenditure recommended by the Finance and Economics Committee on pages 62 and 63 of the Budget and -
N ON-TRADING COMMITTEES
T he estimate of the capital expenditure of t he Finance and Economics Committee
a ppearing on page 62 of the Budget was a llowed.
T he estimate of the capital expenditure of
t he Defence Committee appearing on page 62
o f the Budget was allowed.
T he estimate of the capital expenditure of
t he Public Services Committee appearing on p age 62 of the Budget was allowed.
T he estimate of the capital expenditure of
t he Education Committee appearing on page 6 2 of the Budget was allowed.
T he estimate of the capital expenditure of t he Health and Social Services Committee a ppearing on page 62 of the Budget was
a llowed.
T he estimate of the capital expenditure of t he Agriculture and Fisheries Committee a ppearing on page 62 of the Budget was a llowed.
T he estimate of the capital expenditure of t he Establishment Committee appearing on p age 62 of the Budget was allowed.
T he estimate of the capital expenditure of t he Planning and Environment Committee a ppearing on page 63 of the Budget was
a llowed.
T he estimate of the capital expenditure of
t he Housing Committee appearing on page 63
o f the Budget was allowed.
T he estimate of the capital expenditure of
t he Sport, Leisure and Recreation Committee a ppearing on page 63 of the Budget was
a llowed.
T HE STATES, having terminated the
d iscussion on the capital estimates, noted that the amount to be voted from the
C apital fund was £32,092,000.
T HE STATES then proceeded to consider the e stimates of capital expenditure to be
f inanced from the trading funds on page 64
o f the Budget and -
T he estimate of the capital expenditure of t he Harbours and Airport Committee
a ppearing on page 64 of the Budget was a llowed.
T he estimate of the capital expenditure of
t he Telecommunications Board on page 64 was a llowed.
T he estimate of the capital expenditure of t he Committee for Postal Administration a ppearing on page 64 of the Budget was a llowed.
THE STATES, having noted the estimated transactions of the trading funds, decided to allow the said estimates as detailed in the undermentioned pages of the Budget as follows -
T RADING FUNDS H arbours - Page 60 A irport - Page 60
T elecommunications Board - Page 61
C ommittee for Postal Administration - Page 6 1
THE STATES considered the estimates of income to be produced from taxation appearing on page 67
of the Budget and agreed the estimate as
follows -
£ £
I mpôts on spirits 4,057,0 00
I mpôts on wines 3,242 ,000
I mpôts on beer 1,9 05,000
I mpôts on tobacco 9,839,0 00
I mpôts on motor fuel 5,921,000
G oods imported into the Island 500 ,000 25,4 64,000
I ncome tax 2 43,100,0
0 0
THE STATES adopted in second reading a Bill to continue certain expiring fiscal Laws; to prescribe the standard rate of income tax for
the year nineteen hundred and ninety-seven; to amend further the law relating to income tax to increase certain personal allowances, and with regard to the the deduction of tax from certain payments not made out of profits or gains
already taxed, and in respect of annuity
contracts; and to increase wines and spirits duty, beer duty, tobacco duty and oils and spirits duty.
The said Bill was lodged au Greffe''.
THE STATES, in pursuance of Article 25 of the Public Finances (Administration) (Jersey) Law 1967, as amended, declared that the Bill to continue certain expiring fiscal Laws; to amend further the law relating to income tax to increase certain personal allowances, and with regard to the deduction of tax from certain payments not made out of profits or gains already taxed, and in respect of annuity contracts; and to increase wines and spirits duty, beer duty, tobacco duty and oils and spirits duty (which Bill had this day been lodged au Greffe''), should immediately have effect as if it were a Law passed by the States and sanctioned by Her Majesty in Council.
THE STATES, having terminated the discussion on the Budget, agreed the summary of the estimated income and revenue expenditure for 1997 appearing on page 69 of the Budget as follows -
INCOME £ £
Taxation 268,564, 0
00
Investment Income 5,000 ,000
273,5 64,0 00
LESS
Revenue expenditure 378 ,678,700 Revenue income 142,860, 300 235, 818,400
Estimated transfer
to t rading funds 7 ,379,900 243,198,3
00
30,36 5,70 0
ADD
Estimated surplus
br ought forward at
1s t January 1997 7 ,470,100 37,83 5,80
APPROPRIATION TO RESERVES
General reserve 26,0 00,00 0
Balance to be
tr ansferred to
C apital fund 11 ,835,8 00
THE STATES further agreed the estimated transactions
of the Capital fund for 1997 as follows -
Estimated balance brought forward
1s t January 1997 3 5,692,00 0
Transfer from strategic reserve 5,00 0,00 0
Capital repayments and receipts 30, 155,00 0
Estimated balance on revenue
acco unt 11 ,835,80 0
(as above) 82,68 2,80 0
Capital expenditure 32 ,092,000 PLUS: Loan sanction repayments 10,700, 000 42 ,792,00 0
Estimated balance in hand at
31s t December 1997 39,89 0,8 00
Income Tax (Amendment No. 17) (Jersey) Law 199 - P.208/96
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a
Law entitled the Income Tax (Amendment No. 17) (Jersey) Law 199 .
Family Allowances (Jersey) Regulations 1996 - P.207/96
THE STATES, in pursuance of Article 7 of the Family Allowances (Jersey) Law 1972, as amended, made Regulations entitled the Family Allowances (Jersey) Regulations 1996.
THE STATES rose at 4.02 p.m.
G .H .C . C O P P O C K G r ef fi e r of the States.