States Minutes 5th November 1996

STATES MINUTES 5 t h N  o v ember 1996   P ri c e : £ 3 . 0 0

T HE STATES assembled on Tuesday,  5th November 1996 at 9.30 a.m. under t h e Presidency of the Bailiff ,

S ir P  hilip Bailhache

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His Excellency the Lieutenant Governor,

 General Sir Michael Wilkes, K.C.B., C.B.E, w a s p r e sent.

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All members were present with the exception of -

S enator Stuart Syvret - suspended

F rank Harris on Walker , Deputy of St. H elier - out of the Island.

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P r a y e rs

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Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 .  Merchant Shipping (Small Ships

R e g ister) (Amendment) (Jersey) Order 1 9 9 6. R & O 8988.

 2 .  Island Planning (Tree

P r e servation) (Saint Saviour) (No. 3) ( J er sey) Order 1996.

R & O 8994.

 3 .  Import and Export (Control)

( A m endment No. 2) (Jersey) Order 1996. R & O 8995.

 4 .  Firearms (Amendment No. 2) ( J er sey) Order 1996.

R & O 8996.

 5 .  Public Service Vehicles

( C o nditions of Fitness) (Amendment N  o . 5) (Jersey) Order 1996.

R & O 8997.

 6 .  Royal Court (Amendment No.11) R u l es 1996. R & O 8998.

Matters presented

The following matters were presented to the States -

 1 .  Land at Ville es Renauds,

G ro uville (P.149/96): report - P . 2 00/96.

P r e sented by the Planning and E n v ironment Committee.

 2 .  New public park: an undertaking

t o m ark the millennium (P.121/95) - r e p ort - P.201/96.

P r e sented by the Planning and

E n v ironment Committee.

 3 .  Jersey Judicial and Legal

S e r vices Review: report - R.C.28/96. P r e sented by the Legislation

C o m mittee.

 4 .  Future of secondary education:

J e rs ey College for Girls' relocation ( P .1 65/96) - report - P.203/96.

P r e sented by the Education

C o m mittee.

 5 .  Public access to official

i n fo rmation: Code of Practice

( P .1 83/96): comments - P.202/96. P r e sented by the Finance and

E c o nomics Committee.

Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 28th October 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 sale to Mr. Patrick Noel C o n nolly, of an area of approximately

t e n square feet of land, located within t h e curtilage of Lily Cottage, Valley R o a d, St. Helier , for the sum of £10, w it h the boundary walls remaining in p a r ty ownership and each party being r e sp onsible for its own legal costs

i n cu rred in the transaction;

 ( b) as recommended by the Housing

C o m mittee, the leasing to Mr.Nigel

E r ic Houguet Poole and Mrs. Patricia

M  a ry Poole, née Godfray, of the

p r o perty No. 76 Colomberie, St. Helier, f o r a period of seven years, effective

f ro m the date of signing, with both

p a r ties having the option to break the

l e as e after the expiry of the third

y e a r of the term, upon giving six

m  o nths' prior notice in writing to

t h e other party,  at a commencing

a n n ual rent of £10,600, payable

m  o nthly in advance with rent reviews

e v e ry two years as per the existing

l e as e. The use clause was to be widened t o p ermit the lessees to trade as a

g e n eral store and off-licence. The

l e as e was to be on internal repairing

a n d insuring terms with the lessee

b e in g responsible for the building

i n su rance, occupier's rates and

e l ec tricity charges, as per the

e x is ting lease;

 ( c) as recommended by the Harbours and A  ir port Committee, the sale to the

P a r ish of St. Peter of land north of

t h e new boundary fence of the airfield r e q uired for the establishment of a

f o o tpath, following the extinguishment

o f L a Rue du Mont au Guet, for the

n o m inal sum of £1.00;

 ( d) as recommended by the Public

S e r vices Committee, the renewal of the l e as e from Mr. Anley John Dorey

R i c hardson of the Shed at Les Tihelles, S t , Ouen, for a period of one year from 1 s t April 1996 to 31st March 1997, at

a n a nnual rent of £3,300;

 ( e) as recommended by the Committee for

P o s talAdministration, the lease from

M  r . Colin Stuart Smith and Mrs. Maureen

G  w endoline Smith, née Barry, of an

u n f urnished four bedroomed detached

h o u se known as 6 Clos des Tours, St.

C l e ment, for a period of one year at an

a n n ual rental of £14,950, for

o c c upation by an essential employee who w  as on secondment. The lessee was to be r e sp onsible for the internal repair and

m  ai ntenance of the building and the

l e ss or responsible for the external

r e p air and maintenance of the

b u i lding. The lease was to be subject

t o a preliminary inspection of the

p r e mises and the agreement of a

s c h edule detailing the present

c o n dition of the property. A

r e fu ndable deposit of £2,500 was to be m ad e to the lessor.

Matter noted - acceptance of tender

THE STATES noted an Act of the Finance and Economics Committee dated 28th October 1996 showing that, in pursuance of Rule 5 of the

Public Finances (General) (Jersey) Rules 1967,

as amended, the Committee had noted that the Telecommunications Board had accepted the lowest of two tenders, namely that submitted by Tower Shopfitting Limited, in the sum of £321,068.00

in a contract period of 12 weeks, for the redevelopment of the retail outlet at Telephone House, Minden Place, St. Helier.

Matters lodged

The following matters were lodged au Greffe'' -

 1 .  Draft Prevention of Terrorism

( J er sey) Law 1996 (Appointed Day)     ( N o . 2) (Jersey) Act 199  - P.186/96. P r e sented by the Defence

C o m mittee.

 2 ,  Draft Prevention of Terrorism

( E n forcement of External Orders)

( J er sey) Regulations 199  - P.187/96. P r e sented by the Defence

C o m mittee.

3 . Draft Amendment (No. 19) to the T a r iff of Harbour and Light Dues - P . 1 88/96.

P r e sented by the Harbours and

A  ir port Committee.

 4 .  Draft Harbours (Amendment

N  o . 25) (Jersey) Regulations 199  - P . 1 89/96.

P r e sented by the Harbours and

A  ir port Committee.

 5 .  Draft Boats and Surf-Riding

( C o ntrol) (Amendment No. 14) (Jersey) R e g ulations 199  - P.190/96.

P r e sented by the Harbours and

A  ir port Committee.

 6 .  Draft Fatal Accidents

( A m endment) (Jersey) Law 199 - P . 1 91/96.

P r e sented by the Legislation

C o m mittee.

 7 .  Les Buissons, La Route de

B e a umont, St. Peter: dwelling in A ir craft Noise Zone 1 - P.192/96. P r e sented by the Planning and

E n v ironment Committee.

8 . Field 284, La Rue de Maupertuis, S t . Mary: agricultural buildings in G re en Zone - P.193/96.

P r e sented by the Planning and

E n v ironment Committee.

 9 .  Nil Solitaire, La Grande Route

d e S t. Pierre, St. Peter: zoning and p u r chase - P.194/96.

P r e sented by the Planning and

E n v ironment Committee.

1 0. 63 Great Union Road, St. Helier : a p p roval of drawing - P.195/96.

P r e sented by the Housing

C o m mittee.

 1 1. Draft Collective Investment

F u n ds (Recognised Funds) (Compensation f o r Investors) (Amendment No. 2)

( J er sey) Regulations 199  - P.196/97.

P r e sented by the Finance and

E c o nomics Committee.

 1 2. Draft Administrative Decisions

( R e view) (Amendment) (Jersey) Law 1995 ( A p pointed Day) Act 199  - P.197/96.

P r e sented by the Special

C o m mittee to consider the Relationship

b e tw een Committees and the States.

 1 3. Administrative Decisions

( R e view) (Jersey) Law 1982, as amended: A d ministrative Appeals Panel -

m em bership - P.198/96.

P r e sented by the Special

C o m mittee to consider the Relationship

b e tw een Committees and the States.

 1 4. Bellozanne waste incinerator:

f lu e gas cleaning - P.199/96.

P r e sented by the Public Services C o m mittee.

 1 5. Springfield redevelopment, St.

H el ier: transfer of administration - P . 2 04/96.

P r e sented by the Sport, Leisure

a n d Recreation Committee

Committees of the States: access to information. P.98/95

THE STATES noted that Deputy Alastair John Layzell of St. Brelade had withdrawn his proposition concerning access to information of Committees of the States (P.98/95 - lodged au Greffe'' on 11th July 1995).

Social Security Scheme: continuity and change - P.132/96. Deferred

THE STATES acceded to the request of the President of the Employment and Social Security Committee that consideration of the proposition regarding the Social Security Scheme: Continuity and Change (P.132/96 - lodged au Greffe'' on 27th August 1996) be deferred from the present meeting to 19th November 1996. The States agreed that the matter be taken as the first item of

matters lodged under Public Business on that

date.

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

THE STATES acceded to the request 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 a later date.

Draft Sea Fisheries (Miscellaneous Provisisons) (Amendment No. 2) (Jersey) Regulations 199  - P.174/96

THE STATES acceded to the request of the President of the Agriculture and Fisheries Committee that consideration of the draft Sea Fisheries (Miscellaneous Provisisons) (Amendment No. 2) (Jersey) Regulations 199 (P.174/96 - lodged au Greffe'' on 22nd October 1996) be deferred from the present meeting to a later

date.

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

C ity Disputes Panel Limited: States' s ponsorship - P.182/96.

L odged: 22nd October 1996.

F inance and Economics Committee.

Arrangement of public business for the next meeting on 19th November 1996

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

next meeting on 19th November 1996 (and 20th November 1996 if required) -

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

 L odged: 27th August 1996.

E mployment and Social Security C o m mittee.

C hannel Islands Electricity

G rid - P.136/96.

L odged: 3rd September 1996.

F inance and Economics Committee.

M inimum wage - P.154/96.

L odged: 1st October 1996.

I ndustrial Relations Committee.

M inimum wage: comments - P.170/96. P resented: 8th October 1996.

F inance and Economics Committee.

D raft Harbours (Vehicle Ramps)

( Jersey) Regulations 199  - P.162/96. L odged: 8th October 1996.

H arbours and Airport Committee.

D raft Electricity Link with France

( Protection of Submarine Cable) (Jersey) R egulations 199  - P.163/96.

L odged: 8th October 1996.

H arbours and Airport Committee.

 P ublic access to official

i nformation: Code of Practice - P.183/96. L odged: 22nd October 1996.

 S pecial Committee on Freedom of

I n fo rmation.

P ublic access to official

i nformation: Code of Practice (P.183/96) - a mendment - P.185/96.

L odged: 22nd October 1996.

D eputy R.E.R. Rumboll of St. Helier.

 P ublic access to official

 i nformation: Code of Practice (P.183/96):  c omments - P.202/96.

 P resented by the Finance and

E c o nomics Committee.

D raft Prevention of Terrorism

( Jersey) Law 1996 (Appointed Day) (No. 2) ( Jersey) Act 199 - P.186/96.

L odged: 5th November 1996.

D efence Committee.

 D raft Prevention of Terrorism

( E n forcement of External Orders)  ( Jersey) Regulations 199  - P.187/96.  L odged: 5th November 1996.

 D efence Committee.

D raft Amendment (No. 19) to the T ariff of Harbour and Light Dues - P .188/96.

Lodged: 5th November 1996.

H arbours and Airport Committee.

D raft Harbours (Amendment No. 25) ( Jersey) Regulations 199  - P.189/96. L odged: 5th November 1996.

H arbours and Airport Committee.

D raft Boats and Surf-Riding (Control)

( Amendment No. 14) (Jersey) Regulations 1 99  - P.190/96.

L odged: 5th November 1996.

H arbours and Airport Committee.

D raft Fatal Accidents (Amendment) ( Jersey) Law 199  - P.191/96.

L odged: 5th November 1996. L egislation Committee.

L es Buissons, La Route de Beaumont, S t. Peter: dwelling in Aircraft Noise

Z one 1 - P.192/96.

L odged: 5th November 1996.

P lanning and Environment Committee.

F ield 284, La Rue de Maupertuis, St. M ary: agricultural buildings in Green Z one - P.193/96.

L odged: 5th November 1996.

P lanning and Environment Committee.

N il Solitaire, La Grande Route de St. P ierre, St. Peter: zoning and

p urchase - P.194/96.

L odged: 5th November 1996.

P lanning and Environment Committee.

6 3 Great Union Road, St. Helier: a pproval of drawing - P.195/96. L odged: 5th November 1996.

H ousing Committee.

D raft Collective Investment

F unds (Recognised Funds) (Compensation for I nvestors) (Amendment No. 2) (Jersey)

R egulations 199  - P.196/97.

L odged: 5th November 1996.

F inance and Economics Committee.

 D raft Administrative Decisions

( R e view) (Amendment) (Jersey) Law 1995  ( Appointed Day) Act 199  - P.197/96.

 L odged: 5th November 1996.

 S pecial Committee to consider the

R e l ationship between Committees and the S t a tes.

 A dministrative Decisions (Review)

 ( Jersey) Law 1982, as amended:

A dministrative Appeals Panel - membership - P .198/96.

 L odged: 5th November 1996.

 S pecial Committee to consider the

R e l ationship between Committees and the S t a tes.

B ellozanne waste incinerator: flue g as cleaning - P.199/96.

L odged: 5th November 1996.

P ublic Services Committee.

S pringfield redevelopment, St.

H elier: transfer of administration - P .204/96.

L odged: 5th November 1996

P resented by the Sport, Leisure and R ecreation Committee.

Airport extension - questions and answers (Tape No. 367)

Deputy Philip John Rondel of St. John asked Senator Antony Beresford Chinn, President of the Harbours and Airport Committee, the following questions -

  The recent statement made to the House on  2 2nd October 1996 by the President of

H arbours and Airports Committee re - the

 p roblems with the new airport extension,

 r aises a number of questions -

 1 .  Would the President inform the States

o f t he cost of bringing in the

C a m bridge University Glare Assessment t e am , the C.A.A. Safety inspectorate,

a n d other consultative bodies to carry

o u t these various studies required to

c o v er the satisfactory completion of

t h is contract?

2 . Would the President inform the House w hether or not the contract for the airport e xtension is within budget. If not by how m uch is it over budget?''

The President of the Harbours and Airport Committee replied as follows -

1.  T he answer is in three parts.

( a) The Cambridge University Glare A ss essment Study -

T h e Committee has approached Cambridge A  rc hitectural Research Limited. Their

f e e proposal for a preliminary study

b a s ed on a rough estimate is £5,200.

H  o wever, on further discussion with the

C a m bridge team and advice from our

D  es ign Team, the Committee has decided

t o t est the application of a special

c o a ting to a selected area of the glass

o n the roof of the new Departures

B u i lding in order to eliminate glare

f ro m all angles. The study, therefore, w  il l not take place at the present t im  e.

T h e cost of applying the coating to all t h e roof glass is estimated to be less

t h an £30,000 which will be contained w it hin the project budget.

( b) The C.A.A. Safety Inspectorate -

I c a nnot give the Deputy a precise

f ig u re for the cost of the Aircraft

S a f ety Management Audit, as the

i n sp ector is visiting the Airport

t o m orrow in order to assess the work

r e q uired. However, the C.A.A. carries

o u t a number of inspections at Jersey A i r port each year at the Committee's

i n v itation as a matter of routine. The

c o s t of these varies between £9,000 and

£1 8 ,000 per inspection, although the

l a tt er includes the use of a specially

e q u ipped aircraft.

( c) Other studies -

A  n y other studies required in

c o n nection with the Airport extension a r e expected to be part of the normal c o u rse of the development. These

s tu d ies would be commissioned by the D e sign Team and the costs would be c o n tained within the original

e s ti mates.

 1 .  The contract for the new Departures B u i lding extension is within budget.

 2 .  However, if the Deputy is referring to

t h e overall project which includes a

n e w baggage reclaim hall, refurbishment

o f t he existing ground floors in the

1 9 3 7 and 1966 buildings and the new

r o a ds, car parks and infrastructure

i m p rovements in addition to the new

D  ep artures building extension, then I

w o uld advise him that to date only £10m

o f t he overall project budget has been

s p e nt.

3 .  As the House will be aware the project b udget today comprises -

( a ) £10m of States grant;

( b ) £12m of Samuel Montagu

l e as e b ack'; and

( c ) approximately £1m following this H o u s e 's decision to provide a

la r g e r building to accommodate

2 5 p e r cent more check-in desks

th a n o riginally planned.

(P . 7 5 /9 5).

 4 .  Although at present a number of

c o n tracts still have to be tendered and

l e t, it is anticipated that the total

p r o ject will be contained within the

a g r eed budget despite the problems that

t h e project has suffered because of the

C o n sultant Engineers' repudiation of

a p p ointment and the resulting five

w  ee ks' delay. I can report that my

C o m mittee is currently pursuing

r e co very of consequential losses

i n cu rred to the project as a result of

t h e repudiation. A claim has been

s u b mitted to the Viscount. This subject

i s c urrently under discussion with the

F i n ance and Economics Committee and a m  ee ting is planned for later this

m  o nth.

 5 .  I would further point out to the House t h at , within the current project costs,

w e have had to contain £150,000 of

    a s b estos removal which was also not

a l lo wed for under the original budget.

F inally, I would remind the House that

t he project is much needed and long overdue a nd would invite any member who has not

a lready visited the project to do so to see

w hat is being achieved under very tight

c onstraints. There are some illustrations

o f this fine new development in the

M embers' Room.''

United Kingdom contractors - questions and answers (Tape No. 367)

Senator Terence John Le Main asked Senator Pierre François Horsfall, President of the

Finance and Economics Committee, the following questions -

1.  W ill the President confirm that

cu r r e n tly United Kingdom

co n t r a ctors are working on at

le a s t fo ur major States'

co n t r a cts?

 2 .  Will the President advise the States

w  h at conditions are attached to United

K  in gdom contractors working for States d e p artments in regard to employing

s k il led and non-skilled labour brought

i n f rom the United Kingdom?

 3 .  Will the President confirm that much

e q u ipment, machinery and lorries have

b e e n brought into Jersey with P30

p e r mits, etc. have been issued on

b e h alf of States departments to United

K  in gdom contractors by the Vehicle and D  ri ving Standards Department?

 4 .  Will the President confirm that many

on e man' and small haulage contractors

w  h o rely on States' contracts for the

c o n tinuance of their livelihoods and

t h o se of their local staff who have

l o rr ies and machinery similar to those

w  h ich United Kingdom contractors have b e e n allowed to import into Jersey for

t h es e contracts, are upset and

c o n cerned for their livelihoods due to

t h e inaction or otherwise of allowing

t h is practice to continue?

 5 .  Is the President aware that a brief

t e le phone call was made to a very small n u m ber of Jersey hauliers and

c o n tractors asking for hourly rates by

U  n ited Kingdom contractors, and that no f u rt her negotiations or otherwise took

p l ac e. Therefore, would the President

a g r ee that under the terms of the

c o n tract awarded to a United Kingdom

c o n tractor all efforts must and should

b e m ade by the contractors to use sub-

c o n tractors or hauliers in Jersey?

 6 .  Is the President aware that it is

c o m mon practice for non-local

c o n tractors to bring in their own

w  o rkforce, such as I have highlighted, p a y ing wages to drivers and machine

o p e rators at a much lower rate than

a p p lies to Jersey employees and that

J e rs ey hauliers, etc. are, and would be p l ea sed to have, the opportunity to

n e g otiate for work on these contracts?

 7 .  Is the President aware that weekly w  ag es are being paid by the cavern'

c o n tractors to their employees of

b e tw een £700 and £1,700 and that some

o f t hese employees have been in Jersey f o r over two years. Will the President

s ta t e what effort is being made by the

I n c ome Tax Department to collect tax

f ro m employees of United Kingdom

c o n tractors who are working in

J e rs ey?''

The President of the Finance and Economics Committee replied as follows -

1.  I am aware that Balfour Beatty,

A m ec , Mowlem and Trants are United K i n g d om contractors working on

S ta t e s' contracts at the present

ti m e .  

 2 .  In the invitation to tender for

e n g ineering contracts, the United

K  in gdom contractors are asked to use as

m  u ch local labour and sub-contractors

a s p ossible in their contracts. In the

m  ai n this is complied with.  For

e x a mple, I am informed by the Public

S e r vices Department that Balfour Beatty

o n the cavern' contract are at the

m  o ment employing 23 United Kingdom site l a bo urers and 58 local site labourers.

 3 .  From January 1996 to date eight

v e h icles belonging to non-local

c o n tractors were issued with P30

p e r mits. Six specialist vehicles were

n e e ded to carry out work on the Airport s it e as there were no local vehicles

c a p able of doing the job. Two front-end l o ad ers were required for the Anne Port s e a wall and in 1995 six specialist

v e h icles and one mobile crane were

g r a nted P30s for the Snow Hill

c o n tract. When contracts are completed t h e specialist vehicles and plant are

s h ip ped back to the United Kingdom. In g e n eral most plant and vehicles are

r e st ricted to site use only. All

o u t side applicants are made aware of

l o ca l specialist equipment and vehicles p r io r to the granting of any P30

e x e mption permits.

 4 .  It is not a question of lorries and

m  ac hinery being allowed to be imported i n to Jersey, other than where P30

p e r mits are required.  When a contract

i s a warded to a non-local contractor,

l ik e Balfour Beatty or Amec, such firms h a v e their own machinery and plant hire d e p artments and therefore this is

i n cl uded in the contract price, and is

n o t subject to separate licence

a p p lication under the Regulation of

U  n dertakings and Development Law. In a d d ition, on certain contracts the type

o f p lant and machinery used is of a

s iz e and nature not available in the

I s la nd.

 5 .  I am not aware of the brief telephone

c a ll to which the Senator refers.

H  o wever, all applications from non-

l o ca l sub-contractors or main

c o n tractors for a licence under the

R e g ulation of Undertakings and

D  ev elopment Law to carry out work in

J e rs ey are considered by the Finance

a n d Economics Committee in accordance w  it h the policy guidelines included as

a n A ppendix to the Strategic Policy

R e v iew and Action Plan 1996.

 6 .  When a licence is granted to a non-

l o ca l contractor, as in the case of

B a l four Beatty, a condition is attached

t h at wherever possible local labour is

t o b e used. This situation is

c o n tinually monitored and firms such as B a lfour Beatty send in regular

s c h edules showing the names, addresses a n d length of residency in the Island

o f t hose that they employ. As I have

a l re ady stated, at the present time

B a l four Beatty are employing 58 local

s it e labourers and 23 United Kingdom

s it e labourers. In our experience, when c h e cking with Balfour Beatty and other m  ai n contractors on the recruitment of

l o ca l labour, the reason why local

   la bour has not been employed has owed m  o re to the non-availability of those

w  it h the skills required than to any

o t h er reason.

 7 .  I am not aware of the amount of wages t h at are being paid and I do not know

i f th e figures quoted are correct. The

I n c ome Tax Department is aware of the a m o unt of wages paid by Balfour Beatty C i v il Engineers Limited to its

e m p loyees who are working in Jersey.

E v e ry effort is made by the Income Tax

D  ep artment to collect tax from all

t h o se who owe it and the employees of U  n ited Kingdom contractors, or indeed, t h e employees of any foreign contractor a r e treated no differently from other

i n d ividuals in the same circumstances : t h e same rules and procedures of tax

l a w and assessment apply equally to

a l l. ''

Employees of United Kingdom contractors - question and answer (Tape No. 367)

Senator Terence John Le Main asked the Connétable of St. John, President of the Planning and Environment Committee, the following question -

Will the President inform the States how m any employees of United Kingdom

 c ontractors are currently being

 a ccommodated on site in portacabins?''

The President of the Planning and Environment Committee replied as follows -

  The Senator will know, having been a

m ember of the former Island Development

 C ommittee, that my Committee has no direct  i nvolvement in the appointment of

 c ontractors to undertake projects that have

 r eceived development permission. While the  e rection of contractors' site huts which

 a re not used for habitable purposes is

 e xempt from the need to obtain the

 p ermission of the Planning and Environment  C ommittee, we do from time to time, receive  r equests to use portacabins for

 a ccommodation purposes.

T o the best of my knowledge, there is only

o ne United Kingdom civil engineering contractor which has employees accommodated

o n site in portacabins, but it is

c onceivable that there may be others who

h ave not sought my Committee's permission.

T his is AMEC Civil Engineering Limited, the c ontractors for the new marina and trailer

p ark being built for the Harbours and

A irport Committee.

T he Public Services Department, which is

a cting as the agent of the Harbours and

A irport Committee, advises me that some 18

e mployees of AMEC Limited, who are

s upervisory staff (engineers, foremen and s o on) reside in nine portacabins on the

s ite.

T hese portacabins have been certified

a s conforming to the requirements of the

E nvironmental Health Section of Health and

S ocial Services, as contained in their 1991

P ublication Staff Accommodation and

L odging House Standards'. The accommodation a lso meets the requirements of the Fire

S ervice.

T he Planning Department authorised the use

o f portacabins for habitable purposes as

p art of the tender documents in March 1994, a s had been done on several occasions to

a llow such accommodation for major civil

e ngineering works, provided they conform to r ecognised standards.

M y Committee's view is that by

a ccommodating staff on site, they do not p lace unnecessary pressure on either the r esidential or tourism sectors.  For this

c ontract, where the working hours are

g overned by tidal conditions, it is best

f or the contractors and Island residents a like that disturbance at night is

m inimised by staff living on site.

B alfour Beatty, another United Kingdom

c ontractor currently involved in

c onstruction works in the Island have no

s taff resident on site. They applied to the C ommittee to do so at Snow Hill in June

1 994 but we refused permission because of c oncerns about disturbance to nearby

r esidential properties.

I am informed that AMEC Limited

s imilarly accommodated its workers on site w hen constructing the second phase of the w est of Albert Pier breakwater, Shepherd H ill Limited. had workers resident in

p ortacabins on their sites in Queen's

V alley, Elizabeth Harbour and west of

A lbert Pier phase one, and Tilbury Douglas d id likewise in constructing the underpass.

Number of tourism beds and investors developing hotels into luxury apartments - questions and answers (Tape No. 367)

Senator Terence John Le Main asked Senator Richard Joseph Shenton, President of the Tourism Committee, the following questions -

1.  W ill the President confirm the

ex a c t n umber of Tourism beds which w e r e r egistered in 1996 and can he

in f o rm   members how many he

en v i s a ges will be lost to the

in d u s tr y for 1997?

 2 .  It was reported in the Business Page of t h e Jersey Evening Post on Thursday,

2 4 t h October, that there is much

   in vestor demand from outside the Island f o r commercial property in Jersey. Is

t h e President aware of offers and much i n te rest in buying some of Jersey's

p r im e coastal hotels for redevelopment i n to luxury apartments and, if the

a n s wer is in the affirmative, will the

P r e sident inform the States of the

a c ti on being taken by his Committee?''

The President of the Tourism Committee replied as follows -

1.  ( a) 1996 21,710 beds were register

ed u n d e r the Tourism Law in

1 9 9 6 .

T h is w a s made up of 20,460 b ed s in h otels, guest houses, h o li d a y c amps and self-

ca t e ri n g and 1,250 on camp si te s ;

( b ) 1997  Applications for

re g i s tr a ti o n have to be

m a d e t o th e Tourism

C o m  m i tt e e during the month

o f O c t o b e r. To date 849

le s s b e d s h a ve applied to

b e r e g is te r e d. This makes

th e cu r r e n tl y anticipated

re g i s te r e d n umber of beds

fo r 1 9 9 7 ( in cluding camp

si te s ) 2 0 , 8 6 1.

W i t h in th is anticipated number th e r e a re a further 560 bed spaces w h i ch may be lost if proprietors

g et th e planning permission they ar e se e king or proceed with

ap p r o v als already given. These

lo s s e s would result in a total re g i st e red number of 20,301 (i n c lu d ing camp sites).

 2 .  The Tourism Committee is aware of

i n v estors' demand for tourism premises f ro m both inside and outside of the

I s la nd.

W  e have experienced bed losses annually

o v e r the last few years to uses such as

l o d ging houses, offices, nursing homes,

f la t s and private dwellings. The States

t h em selves purchased the Continental

a n d Ritz sites for local housing.

T h e Committee is concerned about the

c o n tinuing losses and will be seeking a

j o in t meeting with the Policy and

R e s ources, Planning and Environment and H  o using Committees to discuss the way

f o rw ard.''

Purchase and occupation of apartments and non- local investors - questions and answers (Tape No. 367)

Senator Terence John Le Main asked Deputy Derek Ryder Maltwood of St. Mary , President of the Housing Committee, the following questions -

1.  W ill the President inform the

S ta t e s of the current legal

p o si ti o n in relation to

d ev e l o pment companies purchasing h o te l s, demolishing them and

b u il d in g luxury apartments, and

w h e th e r these apartments are

av a i la b le to anyone not qualifying

u n d er Regulation 1(1)(a)-(h) or

(j ) o f t he Housing (General

P ro v i s ions) (Jersey) Regulations

1 9 7 0 , as amended, to purchase by

fl y in g freehold or to occupy these

ap a r t m ents?

 2 .  Will the President advise whether non- l o ca l investors require permission to

i n v est large amounts of money in real

e s ta te and development in Jersey

t h ro ugh intermediaries or agents or

c o m panies registered in Jersey?

3 .  If the answer to Question 2 is in the

n e gative will the President advise

w  h ether his Committee will consider c l os ing this loophole?''

The President of the Housing Committee replied as follows -

1.  A ny application submitted by a

co m  p a ny to the Committee for the p u rc h a se of land, which may

in c l u d e buildings, upon which the co m  p a ny intends to construct

re s id e n tial flats, will be likely

to b e g ranted a consent, such

co n s e n t stipulating that any

o cc u p a nts of the flats must be

p er s o n s specified as qualifiying

u n d er the Housing Regulations.

A  n y application by a company to sell a u n i t of dwelling accommodation by way

o f f lying freehold must be subject to

a n a pplication to the Committee under

t h e Housing (Jersey) Law 1949. Consent t o s uch an application would not be

f o rt hcoming unless the applicant fell

w  it hin one of the provisions of

R e g ulation 1(1) of the Housing (General P r o visions) (Jersey) Regulations 1970,

a s a mended.

 2 .  Strictly speaking, the answer is no.

T h e re is nothing in the provisions of

t h e Housing Law or the Regulations

w  h ich requires the Committee to seek

t h e identity behind company ownership.

 3 .  The Committee does not view investments b y non-local persons in companies

d e v eloping real estate in Jersey as

b ei ng a loophole. As stated earlier,

t h e Committee does have control as to

w  h o can occupy land in the

c i rc umstances set out in question 1. My

C o m mittee is of the view that it

w  el comes any investment that encourages t h e provision of more housing stock for

t h o se persons with residential

q u a lifications.''

Recent media publicity about the Island and its finance industry - statement

The President of the Finance and Economics Committee made a statement in the following

terms -

  Members of the States will no doubt be  w ell aware of the recent adverse national  a nd international publicity to which the

 I sland has been subject in the context of  i ts finance industry.

M y Committee is concerned to ensure with

t he support of its communication advisers

t hat media comment is accurate and balanced a nd properly reflects the true Island

p osition and that this position is conveyed

w orld-wide through Jersey features and

o ther promotional activity.

T his carries with it a cost for which

a llowance had not been made in the budgets f or 1996 and the estimates for 1997.

H owever certain funds are available

e xceptionally in other parts of the budgets

o f the Financial Services Department and my C ommittee has given that Department

a uthority to employ those funds for this

p urpose.

T he objective of this statement is

t herefore to make all States members aware t hat this additional expenditure is being

i ncurred at this time.

I t is difficult to quantify the amount

i nvolved because we have to react to a

c ertain extent to circumstances as they

a rise but the sum currently ear-marked is

£ 200,000.''