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STATES MINUTES 9 t h J u l y 1 9 96 P ri c e : £ 1 . 5 0
T HE STATES assembled on Tuesday, 9 th July 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 a s p r e sent.
_ _ _ _ _ _ ______
All members were present with the exception of -
C arlyle John Le Herissier Hinault,
C onnétable of St. John - out of the Island J ohn Nicolle Le Fondré, Deputy of St.
L awrence - ill.
_ _ _ _ _ _ ______
P r a y e rs
_ _ _ _ _ _ ______
Speaker of the House of Assembly, Parliament of Saint Lucia - welcome
The Deputy Bailiff welcomed to the States the Honourable Wilfred St. Clair-Daniel, C.B.E, C.S.T.J, J.P, M.P, Speaker of the House of Assembly in the Parliament of St. Lucia.
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . St. Clement Fête (Jersey) Order 1 9 9 6. R & O 8946.
2 . Gorey Fête (Jersey) Order 1996.
R & O 8947.
3 . Health Insurance (Pharmaceutical
B e n efit) (General Provisions)
( A m endment No. 6) (Jersey) Order 1996. R & O 8952.
Housing Committee: appointment of President
THE STATES, on the proposition of Deputy Leonard Norman of St. Clement, appointed Deputy Derek Ryder Maltwood of St. Mary as President of the
Housing Committee.
THE STATES, on the proposition of Deputy Maltwood, appointed the following as members of the Committee -
L eonard Hamel, Connétable of St. Clement T homas John Du Feu, Deputy of St. Peter S hirley Margaret Baudains, Deputy of St. H elier
D avid Leon Crespel, Deputy of St. Helier P aul Francis Routier, Deputy of St. Helier.
Employment and Social Security Committee: appointment of member
THE STATES appointed Deputy Jeremy Laurence Dorey of St. Helier as a member of the Employment and Social Security Committee.
Matter presented
The following matter was presented to the States -
. Health and Social Services towards 2 000: Strategy 1997 - 2000. P resented by the Health and Social S ervices Committee.
Matters noted - land transactions
THE STATES noted an Act of the Finance and Economics Committee dated 1st July 1996, showing that, in pursuance of Standing Orders relating
to certain transactions in land, the Committee
had approved -
( a) as recommended by the Housing
C o m mittee, the purchase from the
R e v erend Michael George St. John
N ic olle of the freehold interest in the
p r o perty No. 8 Lempriere Street, St.
H el ier, for a sum of £80,000, in order
t o p rovide a replacement to one of the
f o u r properties at the entrance to
C l a rence Court, St. Helier , which are
t o b e demolished to provide access for
t h e proposed new Archive Centre, on the b a s is that each party would be
r e sp onsible for their own legal fees;
( b) as recommended by the Public Services
C o m mittee, the lease to Mr. Justin
R i c hard Lloyd-Jones of approximately
4 , 2 33 square feet of land at Ramadi,
B e a umont Pumping Station, Beaumont, St. P e t er, for a period of nine years from
1 s t January 1996 at an annual rent of
£ 8 5 0 increasing annually for the first
s ix years to bring it into line with
o p e n market values and, thereafter, to
b e r eviewed on an annual basis to open
m ar ket rentals, subject to the
c o n ditions outlined in a report of the
P r o perty Management Office, dated 2nd
M a y 1996;
( c) as recommended by the Health and Social S e r vices Committee, the lease from
B e l lman Properties Limited of Flats 1-
4 , 5 3-55 Bath Street, St. Helier , for a
f u rt her period of six months from 1st
J u n e 1996, with an option to renew, at
a n a nnual rent of £5,330 for each flat,
p a y able quarterly in advance, on the
e x is ting terms and conditions;
( d) as recommended by the Education
C o m mittee, the grant to the Jersey
E l e ctricity Company Limited of a
w ay leave across Field No. 1207, Mont à l 'A b bé, St. Helier , (the site of St.
A n ne's School), free of charge, to
a l lo w rights of access with or without
w o rkmen or material in order to repair, r e p lace, maintain and upkeep the
e x is ting electricity cable and to carry
o u t the works as quickly as possible so
a s t o cause the public the least
i n co nvenience as possible and to
r e in state any affected area to the same
s ta t e as they were before the works
w er e carried out, subject to the
e x e rcise of the abovementioned rights
o f a ccess requiring two weeks' written n o t ice being given to the Committee e x c ept in the case of an emergency;
( e) as recommended by the Education
C o m mittee, the relinquishment to the
P a r ish of St. Martin of the Committee's r ig h t of enjoyment over 2,660 square
f e et of land at St. Martin 's School,
S t . Martin, in order that the Parish
m ig ht construct an extension to the
P u b lic Hall .
Matters lodged
The following matters were lodged au Greffe'' -
1 . Health and Social Services
t o w ards 2000: Strategy 1997 - 2000 - P . 1 06/96.
P r e sented by the Health and
S o c ial Services Committee.
2 . Committees of the States: r e o rganisation - P.107/96.
P r e sented by the Policy and R e s ources Committee.
3 . Draft Advocates and Solicitors ( J er sey) Law 199 - P.108/96.
P r e sented by the Legislation
C o m mittee.
4 . Joint Advisory Council:
c o n stitution and terms of reference - P . 1 09/96.
P r e sented by the Finance and
E c o nomics Committee.
5 . Draft Health Insurance (Medical
B e n efit) (Amendment No. 46) (Jersey) R e g ulations 199 - P.110/96.
P r e sented by the Employment and
S o c ial Security Committee.
6 . Draft Health Care (Registration)
( J er sey) Regulations 199 - P.111/96. P r e sented by the Health and
S o c ial Services Committee.
7 . Draft Establishments for Massage
o r S pecial Treatment (Licensing) ( R e peal) (Jersey) Law 199 - P.112/96. P r e sented by the Health and
S o c ial Services Committee.
8 . Draft Amendment (No. 17) of the S t a nding Orders of the States of
J e rs ey. P.113/96
P r e sented by the House
C o m mittee.
9 . Jersey Arts Trust: future
f u n ding - P.114/96.
P r e sented by the Finance and E c o nomics Committee.
1 0. Draft Advocates and Solicitors ( J er sey) Law 199 (P.108/96):
a m e ndment - P.115/96.
P r e sented by Senator C.
S t e in.
Draft Advocates and Solicitors (Jersey) Law 199 - P.68/96. Withdrawn.
The President of the Legislation Committee withdrew the draft Advocates and Solicitors (Jersey) Law 199 (P.68/96 - lodged au Greffe'' on 30th April 1996) and the draft Advocates and Solicitors (Jersey) Law 199 : amendments (P.87/96 - lodged au Greffe'' on 21st May 1996) having lodged a revised Bill (P.108/96) at the present meeting.
Arrangement of public business for the next meeting on 23rd July 1996
THE STATES confirmed that the following matters lodged au Greffe'' would be considered at the
next meeting on 23rd July 1996 -
B elle Vue Pleasure Park and Fields 91, 91A a nd 92, St. Brelade: development - P.72/96. L odged: 30th April 1996.
P lanning and Environment Committee.
D raft Royal Court (Amendment No. 8) ( Jersey) Law 1996 (Appointed Day) Act 1 996 - P.103/96.
L odged: 2nd July 1996.
L egislation Committee.
C helsea Flower Show - P.104/96. L odged: 2nd July 1996.
D eputy A. Breckon of St. Saviour.
J oint Advisory Council: constitution a nd terms of reference - P.109/96.
F inance and Economics Committee.
D raft Health Insurance
( Medical Benefit) (Amendment No. 46) ( Jersey) Regulations 199 - P.110/96.
L odged: 9th July 1996.
E mployment and Social Security
C ommittee.
D raft Health Care
( Registration) (Jersey) Regulations
1 99 - P.111/96.
L odged: 9th July 1996.
H ealth and Social Services Committee.
D raft Establishments for Massage or
S pecial Treatment (Licensing) (Repeal) ( Jersey) Law 199 - P.112/96.
L odged: 9th July 1996.
H ealth and Social
S ervices Committee.
D raft Amendment (No. 17) of the S tanding Orders of the States of J ersey. P.113/96.
L odged: 9th July 1996.
H ouse Committee
D raft Limited Liability Partnerships
( Jersey) Law 199 - P.84/96.
L odged: 21st May 1996, Preamble adopted 2nd J uly 1996.
F inance and Economics Committee.
S tates' Members Remuneration Board: m embership. - P.105/96.
H ouse Committee.
J ersey Arts Trust: future funding - P .114/96.
F inance and Economics Committee.
International Conventions - questions and answers (Tape No. 348)
Deputy Gary Matthews of St. Brelade asked Senator Reginald Robert Jeune , C.B.E., President of the Policy and Resources Committee, the following questions -
1. W hat progress has been made with
re s p e c t to the inclusion of Jersey
in th e United Kingdom Government's ra t if ic a tion of the United Nations
C o n v e ntion on the Rights of the
C h il d ?
2 . What progress has been made with
r e sp ect to the inclusion of Jersey in
t h e United Kingdom Government's
r a ti fication of the European Convention
o n the Legal Status of Children born
o u t of Wedlock?
3 . On 14th June 1994, Senator R.J. Shenton l o d ged au Greffe' a proposition
P . 8 1/94, concerning a Social Charter; I
l o d ged au Greffe' amendments of that
p r o position (P.100/94), on 26th July
1 9 9 4, and the States referred the
p roposition and amendments to the
P o l icy and Resources Committee for a
r e p ort. Would the President inform the
S t a tes what progress the Policy and
R e s ources Committee has made in the
i n te rvening two years in preparing its
r e p ort for the States?
4 . On 29th April 1995, I lodged au
G re ffe' a proposition, P.53/95 on
R a c ism and Racial Discrimination, which t h e States referred to the Policy and
R e s ources Committee for a report. Would t h e President inform the States what
p r o gress the Committee has made during t h e intervening 14 months in preparing
i ts r eport for the States.''
The President of the Policy and Resources Committee replied as follows -
1. I n 1994 the Insular Authorities
w e r e a sked whether the United
K i n g d om's ratification of the
C o n v e ntion should be extended to Je r s e y . The matter was referred to th e E ducation Committee and that C o m m ittee was of the view that
ra t if ic a tion should be extended to Je r s e y and that the necessary
le g i sl a tion to enable that
ra t if ic a tion should be enacted. A
d ra f t O rder, entitled the
E m p l o yment of Children (General P ro v i s ions) (Jersey) Order was
ap p r o v ed in principle by the
E d u c a tion Committee and that
C o m m ittee then sought the views of th e P o licy and Resources Committee b ef o r e making the Order.
T h e Policy and Resources Committee at i ts m eeting on 20th December 1994
c o n sidered the draft Order and queried
c e rt ain of the proposals contained in
t h e Order - for example, that the
e m p loyment of children under the age of 1 2 should be prohibited, a provision
t h at would have prevented children
u n d er the age of 12 from being allowed t o d eliver newspapers. The Committee
a l so noted at that time that there was
n o evidence to suggest that children in
t h e Island were being exploited, a
p o i nt which had been accepted by the
E d u cation Committee in its Act of 9th N o vember 1994.
T h e current position is that the Health
a n d Social Services Committee, which h a s taken over responsibility for the
C h i ldren's Office, is reviewing the
d raft Order and the opinion of the
S o l icitor General has been sought on
c e rt ain legal aspects of the
C o n vention. Once the views of the
S o l icitor General are known, the Policy a n d Resources Committee will welcome f u rt her discussions with the Health and S o c ial Services Committee on the
p o s ition of the Island in respect of
t h e Convention.
2 . The Legislation Committee decided on 1 4 t h March 1994 that it would be
p re pared to seek the approval of the
S t a tes to the principle of the proposed
a m e ndments to the Island's legislation
t o e nable the Island to be included in
t h e United Kingdom's ratification of
t h e European Convention, but before
d o i ng so the Committee sought more
b a c kground information from the
A tt orney General. I am informed that
i n fo rmation requested by the Attorney G en eral from the Home Office has now b een received and that he will be
p r e senting a report to the Legislation
C o m mittee shortly.
3 . The Policy and Resources Committee in t h e Strategic Policy Review 1995 2000 & B eyond' referred to the fact that r e p orts being prepared by the
E m ployment and Social Security, Health a n d Social Services and Industrial
R e l ations Committees were expected to i n cl ude much of what the Policy and
R e s ources Committee had in mind to
c o v er when charged by the States in
1 9 9 4 to prepare a comprehensive report a n d proposition proposing policies and
r e co mmendations which would assist in t h e introduction of a Social Charter
f o r all the people of Jersey'. To the
e x te nt that matters included in the
p r o position presented to the States on
t h e subject of a Social Charter, and
t h e amendments to that proposition, are n o t covered by the reports of the other
C o m mittees, the Policy and Resources C o m mittee stated in the Strategic
P o l icy Review 1995 that it would
p r e pare a supplementary report.
T h e reports which were referred to in t h e Strategic Policy Review 1995 are -
( a ) The reports which the Employment an d S o cial Security Committee will b e b r in ging to the States
fo l lo w ing the responses to their
S o c ia l Security and Health
In s u r ance policy review
co n s u l tative document.
( b ) A report to be prepared by
th e E m ployment and Social Security C o m m ittee in conjunction with the
C o n n é tables and other interested
p ar t ie s on what steps are required
to su p p ort or enhance the Parish
w e lf a r e system.
( c ) A report prepared by the Health
an d S o cial Services Committee on th e re v iew of Social Services in
Je r s e y , which has been lodged
to d a y , entitled Health and Social S e rv i c es towards 2000: Strategy
1 9 9 7 - 2000'.
( d ) A report to be prepared by
th e In d ustrial Relations Committee
o n e m ployment protection matters
an d o n what that Committee's
ec o n o m ic non-discrimination policy
o b je c ti ves will be for the
re m a in der of the decade and b ey o n d .
( e ) A joint report to be prepared by
th e E m ployment and Social
S e cu r i ty, Health and Social
S e rv i c es and Education Committees
o n t h e steps that can be taken to
im p ro v e the availability and
af f o rd a bility of child care
ar r a n g ements.
P r o gress on any reports that have not
y e t been presented to the States will
b e c overed in the Strategic Policy
R e v iew Action Plan 1996 which will be p r e sented to the States for
c o n sideration on 10th/11th September 1 9 9 6.
4 . Following the request of the States for
a r e port the Committee sought the views
o f t he relevant States' departments and
t h e Law Officers. In particular the
C o m mittee in preparing its report
w is hed to present a clear picture to
t h e States on what remedies presently
e x is t against racist conduct and racial
d i sc rimination and it was on this
m at ter that the Committee wished to
h a v e the views of the Law Officers.
T h e Committee met with the Solicitor
G en eral at its meeting on 28th May of
t h is year to discuss the current
p o s ition on the response to the matters
r a is ed by Deputy Matthews. At the same t im e the Committee considered a letter
f ro m the Home Office that asked the
I n s ular Authorities to consider what
f u rt her action, if any, they needed to
u n d ertake in order to meet the
o b l igations under the International
C o n vention on the elimination of all
f o rm s of Racial Discrimination, which C o n vention was extended to the Island
i n 1 969. The Solicitor General agreed
a l so to cover this requirement in
r e sp onding to the Committee's request
f o r information.
T h e Solicitor General was asked to
e n s ure that the Committee received
t h es e comments by the end of July 1996, a s w as indicated in the minute of the
C o m mittee's meeting of 28th May which a l l members of the House will have
s e e n. The Committee is assured by the
S o l icitor General that this request
w il l be met, and the Committee would
h o p e to be able to respond to Deputy
M a tthews' report and proposition before t h e States are asked to debate the 1996 S t ra tegic Policy Review and Action
P l a n.''
Telephone House, Minden Place, St. Helier - redevelopment of retail outlet: approval of drawings
THE STATES, adopting a proposition of the Telecommunications Board -
( a) approved drawings Nos. 1164/05 and 1 1 6 4/06 showing the redevelopment of t h e retail outlet at Telephone House,
M in den Place, St. Helier ; and
( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t h e States.
Draft Termination of Pregnancy (Jersey) Law 199 - P.93/96
THE STATES commenced consideration of the draft Termination of Pregnancy (Jersey) Law 199 ,
having noted that Deputy David Leon Crespel of
St. Helier had withdrawn his proposed amendments to the draft Law.
The Preamble was adopted. Members present voted as follows -
P o u r'' (34) Senators
H orsfall, Rothwell, Le Main, Le Maistre, S tein, Quérée, Chinn, Bailhache , Syvret, T omes.
Connétable s
S t. Lawrence, St. Mary, St. Peter , St. H elier, St. Saviour, Trinity .
Deputies
W avell(S), Norman(C), H. Baudains(C), St. O uen, Coutanche(L), Huelin(B), St. Mary, L e Geyt(S), Walker (H), Trinity , Johns(H), M atthews(B), Dorey(H), Breckon(S),
G rouville, Huet(H), St. Martin, St. John.
C o n tre'' (17) Senators
S henton, Jeune . Connétable s
S t. Clement, St. Brelade, Grouville , St. M artin, St. Ouen.
Deputies
R umboll(H), St. Peter , Le Sueur(H), S . Baudains(H), Crespel(H), Pullin(S), C arter(H), Duhamel(S), Routier(H),
L ayzell(B).
Article 2 was adopted, the States having rejected amendments of Deputy Robin Ernest Richard Rumboll of St. Helier that at the end of sub-paragraph (b) the word or'' be deleted and that sub-paragraph (c) be deleted.
Members present voted on Deputy Rumboll's amendments to Article 2 as follows -
P o u r'' (23) Senators
S henton, Jeune , Horsfall, Le M aistre, Bailhache .
Connétable s
S t. Clement, St. Mary, St. Brelade , St. P eter, Grouville , St. Martin, St. Ouen .
Deputies
R umboll(H), St. Peter , H. Baudains(C), Le S ueur(H), S. Baudains(H), Crespel(H),
P ullin(S), Carter(H), Duhamel(S),
R outier(H), Layzell(B).
C o n tre'' (28) Senators
R othwell, Le Main, Stein, Quérée, Chinn, S yvret, Tomes.
Connétable s
S t. Lawrence, St. Helier , St. Saviour, T rinity.
Deputies
W avell(S), Norman(C), St. Ouen ,
C outanche(L), Huelin(B), St. Mary,
L e Geyt(S), Walker (H), Trinity , Johns(H), M atthews(B), Dorey(H), Breckon(S),
G rouville, Huet(H), St. Martin, St. John.
Articles 3, 4, 5, 6, 7 and 8 were adopted.
Article 9 was adopted, the States having accepted an amendment of the Health and Social Services Committee that after Article 8 there should be inserted the following Article -
A R T IC L E 9
D u ty of the Medical Officer of Health
T h e Medical Officer of Health shall lay b e f ore the States, every calendar year, a r e port upon the operation of this Law i n t he preceding calendar year which
s h a ll include such information as may b e p rescribed.''.
The subsequent Articles were renumbered.
The renumbered Articles 10 and 11 and the Schedule were adopted.
Article 1 was then adopted.
The Bill was adopted, as amended, in Second Reading and lodged au Greffe'' (P.116/96).
Adjournment
THE STATES adjourned, having agreed that consideration of the proposition of the Connétable of St. Brelade regarding land reclamation at St. Aubin (P.73/96 - lodged au Greffe'' on 30th April 1996) be deferred until the meeting on 23rd July 1996 when it would be taken as the first item of matters lodged under Public Business. Any other items would also
stand over until the next meeting. THE STATES rose at 5.30 p.m.
G .H .C . C O P P O C K G re f fi e r o f the States.