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STATES MINUTES 1 8 th N o vember 1997
T HE STATES assembled on Tuesday, 18th November 1997 at 9.30 a.m. under t h e Presidency of the Bailiff ,
S ir P hilip Bailhache
_ _ _ _ _ _ ______
His Excellency the Lieutenant Governor,
General Sir Michael Wilkes, K.C.B., C.B.E, w a s p r e sent.
_ _ _ _ _ _ ______
All members were present with the exception of -
S enator Richard Joseph Shenton - out of the I sland
S enator John Stephen Rothwell - out of the I sland
S enator Leonard Norman - out of the Island R obert Lester Le Brocq, Connétable of St. H elier - out of the Island
M argaret Anne Le Geyt, Deputy of St.
S aviour - ill
J acqueline Jeannette Huet, Deputy of St.
H elier - out of the Island
T erence John Le Main, Deputy of St.
H elier - out of the Island.
_ _ _ _ _ _ ______
P r a y e rs
_ _ _ _ _ _ ______
H.M. The Queen and Prince Philip's Golden Wedding Anniversary - message.
The Bailiff informed the Assembly that His Excellency the Lieutenant Governor of Jersey had sent the following message to the Private Secretary to Her Majesty The Queen -
I should be grateful if you will convey
t he following message to Her Majesty The
Q ueen,
T h e Lieutenant Governor, Bailiff ,
S t a tes and People of Jersey send Your M a jesty and Prince Philip their
h e a rtfelt congratulations on the
o c c asion of Your Golden Wedding
A n niversary.
I s la nders have for centuries felt and
d e m onstrated strong loyalty towards the C r o wn and feel particular pride today
a s s ociating themselves with the joyous e v e nt which Your Majesty is
c e le brating. The bells of the Island's
c h u rches will ring out over the Island
a s a token of our respect and
a f fe ction.
T h e y recall with pleasure the visit of
Y o ur Majesty and Prince Philip in 1989 a n d express the hope that You will
h o n our them with another visit in the
n o t too distant future'.''
Tributes to the late Jurat M. Bonn and the late Mr. J.Le S. Gallichan
The Bailiff paid tribute to the late Jurat
Michael Bonn, a former Deputy of St. Peter, and the late Mr. John Le Sueur Gallichan, a former Deputy of Trinity .
THE STATES observed one minute's silence as a mark of respect.
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Social Security (Contributions)
( A m endment No. 5) (Jersey) Order 1997. R & O 9169.
2. Pilotage (Dues and Fees) (Amendment N o. 9) (Jersey) Order 1997. R & O 9170.
Matters presented
The following matters were presented to the States -
1 . Jersey Sport Leisure and
R e c re a tion Strategy 1998 - 2002. P r e sented by the Sport, Leisure
a n d Recreation Committee.
2 . Regulation of Undertakings and
D ev elopment: six-monthly manpower
r e tu rns - R.C.38/97.
P r e sented by the Finance and
E c o nomics Committee.
T H E STATES ordered that the said report b e p rinted and distributed.
3 . States of Jersey Law 1966, as
a m e nded - delegation of functions:
c i vi l service administration -
R . C .39/97.
P r e sented by the Establishment
C o m mittee.
T H E STATES ordered that the said report b e p rinted and distributed.
4 . International Conventions and
A g reements: progress report for the
p e r iod ended 30th September 1997 -
R . C .40/97.
P r e sented by the Policy and
R e s ources Committee.
T H E STATES ordered that the said report b e p rinted and distributed.
5 . Mains Drains - connection to all
p r o perties: petition (P.108/97):
r e p ort - P.179/97.
P r e sented by the Public Services
C o m mittee.
T H E STATES ordered that the said report b e p rinted and distributed.
Matter noted - acceptance of tender
THE STATES noted an Act of the Finance and Economics Committee, dated 10th November 1997, showing that, in pursuance of Rule 5 of the
Public Finances (General) (Jersey) Rules 1967,
as amended, the Committee had noted that the Housing Committee had accepted the lowest of five tenders, namely that submitted by A.C. Mauger and Son (Sunwin) Limited in the sum of £3,730,000 in a contract period of 78 weeks for Phases V and VI of the redevelopment of Nicholson Park (Wilkes Gardens), St. Helier.
Matters lodged
The following matters were lodged au Greffe'' -
1 . Draft Terms of Employment
( A m endment No. 2) (Jersey) Regulations 1 9 9 - P.172/97.
P r e sented by the Employment and
S o c ial Security Committee.
2 . Draft Road Traffic (No. 47)
( J er sey) Regulations 199 - P.173/97. P r e sented by the Public Services
C o m mittee.
3 . Draft Amendment (No. 20) to the T a r iff of Harbour and Light Dues - P . 1 74/97.
P r e sented by the Harbours and
A ir port Committee.
4 . Draft Royal Court (Possession
O rd ers) (Jersey) Law 199 - P.175/97. P r e sented by the Legislation
C o m mittee.
5 . Draft Boats and Surf-Riding
( C o ntrol) (Amendment No. 16) (Jersey) R e g ulations 199 - P.176/97.
P r e sented by the Harbours and
A ir port Committee.
6 . Draft Harbours (Amendment
N o . 26) (Jersey) Regulations 199 - P . 1 77/97.
P r e sented by the Harbours and
A ir port Committee.
7 . Draft Probate (Jersey) Law 1 9 9 - P.178/97.
P r e sented by the Legislation C o m mittee.
8 . Haut de la Garenne, St. Martin : r e d evelopment - P.180/97.
P r e sented by Senator L. Norman.
9 . Draft The Lloyds TSB (Jersey)
L a w 1997 (Appointed Day) Act 199 - P . 1 81/97.
P r e sented by the Finance and
E c o nomics Committee.
1 0. Draft Natwest Offshore Limited ( J er sey) Law 1997 (Appointed Day) Act 1 9 9 - P.182/97.
P r e sented by the Finance and
E c o nomics Committee.
1 1. Public Lotteries Board:
m em bership - P.183/97.
P r e sented by the Gambling C o n trol Committee.
1 2. Budget 1998: amendment -
P . 1 85/97
P r e sented by Deputy P.J. Rondel
o f S t. John.
1 3. Budget 1998: second amendment - P . 1 86/97
P r e sented by Deputy R.C. Duhamel
o f S t. Saviour.
The following matters were lodged au Greffe'' on 11th November 1997 -
1 . Budget 1998.
P r e sented by the Finance and E c o nomics Committee.
2 . St. Helier Waterfront area:
a c q uisition of contested interest - P . 1 71/97.
P r e sented by the Policy and
R e s ources Committee.
Arrangement of public business for the present meeting
THE STATES noted that Senator Wendy Kinnard had withdrawn the outstanding paragraph of P.160/97 (Manpower policy) in the fourth amendments to
the Strategic Policy Review and Action Plan 1997 (P.149/97).
Arrangement of public business for the next meeting on 2nd and 3rd December 1997
THE STATES confirmed that the following matters lodged au Greffe'' would be considered at the
next meeting on 2nd and 3rd December 1997 -
B udget 1998.
L odged: 11th November 1997.
F inance and Economics Committee.
B udget 1998: amendment - P.185/97 P resented by Deputy P.J. Rondel of S t. John.
B udget 1998: second amendment -
P .186/97
P resented by Deputy R.C. Duhamel of S t. Saviour.
D raft Road Traffic (No. 47)
( Jersey) Regulations 199 - P.173/97. L odged: 18th November 1997.
P ublic Services Committee.
D raft Amendment (No. 20) to the T ariff of Harbour and Light Dues - P .174/97.
L odged: 18th November 1997.
H arbours and Airport Committee.
D raft Boats and Surf-Riding (Control)
( Amendment No. 16) (Jersey) Regulations 1 99 - P.176/97.
L odged: 18th November 1997.
H arbours and Airport Committee.
D raft Harbours (Amendment No. 26) ( Jersey) Regulations 199 - P.177/97. L odged: 18th November 1997.
H arbours and Airport
C ommittee.
D raft The Lloyds TSB (Jersey) Law
1 997 (Appointed Day) Act 199 - P.181/97. L odged: 18th November 1997.
F inance and Economics Committee.
D raft Natwest Offshore Limited
( Jersey) Law 1997 (Appointed Day) Act 1 99 - P.182/97.
L odged: 18th November 1997.
F inance and Economics Committee.
P ublic Lotteries Board: membership - P .183/97.
L odged: 18th November 1997.
G ambling Control Committee.
Patents (Amendment No. 2) (Jersey) Law 1997 (Appointed Day) Act 1997 - P.158/97
THE STATES, in pursuance of Article 3 of the Patents (Amendment No. 2) (Jersey) Law 1997, made an Act entitled the Patents (Amendment No. 2) (Jersey) Law 1997 (Appointed Day) Act
1997.
Explosives (Amendment No. 2) (Jersey) Law 1997 (Appointed Day) Act 1997 - P.162/97
THE STATES, in pursuance of Article 4 of the Explosives (Amendment No. 2) (Jersey) Law 1997, made an Act entitled the Explosives (Amendment No. 2) (Jersey) Law 1997 (Appointed Day) Act 1997.
St. Aubin's Institute and Clarendon House - development: loan to the Parish of St. Brelade - P.168/97
THE STATES, adopting a proposition of the Finance and Economics Committee -
( a) authorised the granting of a loan to
t h e Parish of St. Brelade for the
p u r pose of assisting the development f o r residential purposes of St. Aubin's I n s titute and Clarendon House;
( b) agreed that the loan should not exceed
£4 2 5,000, should bear interest at four
p e r cent a year and that it should be
r e p ayable in equal annual instalments
o v e r a period of 15 years;
( c) agreed that the loan should be subject t o t he condition that no person
s h o uld be allowed to occupy any unit of r e si dential accommodation provided in t h e development without the prior
n o t ice and agreement of the Housing
C o m mittee.
La Collette, St. Helier: transfer of administration of land
THE STATES, adopting a proposition of the Public Services Committee -
( a) approved the transfer of administration f ro m the Public Services Committee to t h e Harbours and Airport Committee of l a nd currently used for the Park and
R i d e Scheme at La Collette, St. Helier, a s s hown on drawing No. JDR001.
( b) approved the transfer of administration
f ro m the Harbours and Airport Committee t o t he Public Services Committee of an a r ea of land known as the Nuttall's
s it e '' located directly to the west of
t h e Jersey Electricity Company Power S t a tion and bordered by La Rue de
V eu lle, La Collette, St. Helier, as
s h o wn on drawing No. JDR002.
Strategic Policy Review and Action Plan 1997 - P.149/97: continuation of debate
THE STATES continued discussion of the Strategic Policy Review and Action Plan 1997.
THE STATES, adopting sub-paragraph (b) of paragraph (1) of the Strategic Policy Review and Action Plan 1997, Part I -
( b) endorsed the action being taken to m in imise material and social
d e p rivation as set out in sub-
p a r agraphs 2.1 to 2.41 of that Part.
Members present voted as follows -
P o u r'' (42) Senators
H orsfall, Le Maistre, Stein, Quérée,
B ailhache, Syvret, Tomes, Walker , Kinnard.
Connétable s
S t. Clement, St. Lawrence, St. Mary, St. B relade, St. Peter, Grouville , St. Saviour, S t. Martin, St. Ouen, St. John, Trinity .
Deputies
W avell(S), H. Baudains(C), Le Sueur(H), C outanche(L), S. Baudains(H), Trinity ,
P ullin(S), Duhamel(S), Routier(H),
D orey(H), Layzell(B), Breckon(S), St.
M artin, St. John, Blampied(H), Rabet(H), C rowcroft(H), Vibert (B), de la Haye(B), Le C ornu(C), St. Peter , Dubras(L).
C o n t r e'' (0)
THE STATES, adopting sub-paragraphs (c), (d) and (e) of paragraph (2) of the Strategic Policy Review and Action Plan 1997 -
( c ) approved the manpower policy of th e E s tablishment Committee as set
o u t in sub-paragraphs 7.1 to 7.19
o f th a t Part, and Appendix 5;
( d ) approved the recommended capital p ro g r a mme for 1998 and 1999 as set
o u t in Appendices 6.1 and 6.2; and
ap p r o v ed in principle the higher
p ri o ri t y projects recommended for
2 0 0 0 a nd 2001 as set out in
A p p e n dix 6.3;
( e ) approved the legislation programme fo r 1 9 9 8 - 2000 as set out in
A p p e n dix 7.4.
THE STATES adopted the Strategic Policy Review and Action Plan 1997, as amended, and the decisions of the States are consolidated in the Appendix to these Minutes.
Anne Port Rock Face, St. Martin: remedial work - P.153/97
THE STATES acceded to the request of Deputy Frederick John Hill of St. Martin that consideration of his proposition Anne Port Rock Face, St. Martin: remedial work'' (lodged au Greffe'' on 14th October 1997) be deferred until 9th December 1997.
Public Service Vehicles (Fees) (Amendment No. 8) (Jersey) Regulations 1997 - P.156/97
THE STATES, in pursuance of Articles 49A and 54 of the Motor Traffic (Jersey) Law 1935, as amended, made Regulations entitled the Public Service Vehicles (Fees) (Amendment No. 8) (Jersey) Regulations 1997.
Hire Cars (No. 7) (Jersey) Regulations 1997 - P.157/97
THE STATES, in pursuance of Article 22A of the Hire Cars (Jersey) Law 1964, as amended, made Regulations entitled the Hire Cars (No. 7) (Jersey) Regulations 1997.
Family Allowances (Jersey) Regulations 1997 - 164/97
THE STATES, in purusance of Article 7 of the Family Allowances (Jersey) Law 1972, as amended, made Regulations entitled the Family Allowances (Jersey) Regulations 1997.
Indoor Tennis Centre, Les Ormes, St. Brelade : loan - P.166/97
THE STATES, adopting a proposition of the Sport, Leisure and Recreation Committee -
( a) authorised the granting of a loan to
t h e Bosdet Foundation for the purpose
o f b uilding an indoor tennis centre at
L e s Ormes, St. Brelade ;
( b) agreed that the loan should not exceed
£4 5 0,000, should bear interest at four
p e r cent per annum and should be
r e p ayable in equal annual instalments
o v e r a period of 20 years.
Channel Islands Welding Limited, La Collette, St. Helier : southern site - P.167/97
THE STATES, adopting a proposition of the Planning and Environment Committee -
( a) referred to their Act dated 14th
F e b ruary 1984 granting a lease to the
C h a nnel Islands Welding Company
L i m ited, for a term of 99 years from
2 8 t h February 1984 of land at La
C o l lette reclamation site for the
c o n struction of a factory principally
f o r the manufacture of shipping
c o n tainers and for the open storage of f in i shed containers, and approved the
m o dification of the terms of the lease
t o p ermit the southern part of the
l e as ed land, as shown on drawing
N o . 578/1, and identified in the lease
a s the second corpus fundi'', to be
u s e d for industrial/warehouse purposes w it h ancillary facilities, with the
l e ss ee to be responsible for the
p u b lic's reasonable legal costs;
( b) agreed to increase the present annual
r e n tal for the second corpus fundi with e f fe ct from the September quarter day
1 9 9 8 from £14,309.79 a year to a new
o p e n market rental which will equate to
£1 . 25 a square foot for the built area,
6 0 pence a square foot for the yard
a r ea and 12½ pence a square foot for
t h e area adjacent to the safety zone,
s u c h annual rental to be determined on c o m pletion of the new building;
( c) authorised the Attorney General and the G re ffier of the States to pass the
n e c essary deed of modification;
( d) authorised the Treasurer of the States t o r eceive the revised rent as it
b e c ame due.
States of Jersey (Definition of Officer) Regulations 1997 - P.169/97
THE STATES, in prusuance of Article 36A of the States of Jersey Law 1966, as amended, made Regulations entitled the States of Jersey (Definition of Officer) Regulations 1997.
THE STATES rose at 5.21 p.m.
G .H .C . C O P P O C K G re f fi er of the States.
A P P E N D I X
Strategic Policy Review and Action Plan 1997 - P.149/97
THE STATES adopted the proposition of the Policy and Resources Committee, as amended, and -
( 1) received the Strategic Policy Review a n d Action Plan 1997 Part 1; and -
( a ) approved the recommendations on p o p u la tion and immigration policy as s et o ut in clauses (i)-(xx) in
su b - p a ragraph 1.1 of that Part,
ex c e p t that -
in c la u se (i) the words (that is a r o u n d 85,000)'' should be
d el e te d ;
in c la u se (iv) after the word
m a n p ower'' there should be
in s e rt e d the words whilst
en s u r in g social justice in the
Is l an d , and that a statutory
m i n im um wage and a maternity
b en e f i t equal to that enjoyed by
S ta t e s employees be introduced as so o n a s possible'';
in c la u se (vi) after the words
p u b lic sector'' there should be
in s e rt e d the words without the
n ee d f or compulsory redundancies,
ex c e p t as a last resort'' and
af t e r th e words work force'' in
th e se c ond place where they
ap p e a r , there should be inserted
th e w o rds , such as ensuring
fa i r, r e asonable and comparable
to t a l re muneration and terms of
em p l o yment under any new employer
o f th e transferred workers;''
at th e e nd of clause (xi) there
sh o u l d be inserted the words
w h i ls t at all times recognising
th e n ee d to sustain full
em p l o yment for all residentially q u al i fi ed employees, and, at the sa m e t ime, to ensure that finance in d u s tr y organisations encourage lo c a ll y trained personnel to take u p s e n ior positions thereby
re d u c i ng the need for
( j) ' c a tegory consents'';
at th e e nd of clause (xiv) there
sh o u l d be inserted the words
w h i le recognising that in a
sm a ll i solated community some form
o f p ro t ection will be required'';
at th e e nd of clause (xvii) there sh o u l d be inserted the words and to re q u ire manpower returns to be su b m it ted on a quarterly basis'';
fo r c l a use (xviii) there should be su b s t it uted the following -
(x v i ii ) t he Policy and
R e s o u rc e s Committee be
re q u e s te d to investigate and re p o r t to the States on the
in t ro d u c t ion of an identity
ca r d sc h e me, with the object
o f m o n i to ring the residential
an d e m p l oyment status of all m e m b e rs of the Island's
p o p u la t io n.'';
( b ) endorsed the action being taken to m i n im ise material and social
d ep r i v ation as set out in sub-
p ar a g r aphs 2.1 to 2.41 of that
P a rt .
( 2) received the Strategic Policy Review a n d Action Plan 1997 Part II and -
( a ) approved the financial and
b u d g et ary strategy of the Finance
an d E c onomics Committee as set out in su b - paragraphs: 5.1 to 5.14 of
th a t P a rt;
ex c e p t that -
in su b - paragraphs 5.1 and 5.3 at th e en d of the fourth bullet
p o in t s under the headings Budget S tr a te g y'' there should be
in s e rt e d the words especially
b et w e e n those with mortgage
in t e re s t relief and rent payers'';
in su b - paragraph 5.1 for the third b u ll e t point under the heading
S h o rt Term Measures'' there
sh o u l d be substitued the
fo l lo wing -
* i n c r ea s e the return to
g en e r a l r e venues from Trading C o m m i tt e es by £1.5 million to
£7 .5 m i ll io n for 1998 with a
fu r th er in c rease of £0.5
m i ll io n in 1999;''
in su b - p a r agraph 5.1 there sh o u l d b e added, under the h ea d i n g S hort Term
M e a s u r e s' ', of an eighth
b u ll e t p o in t as follows -
* t o g iv e tax allowances
o n c h i ld c are costs by 1st
Ja n u a r y 1 9 98;'';
(b ) a p p r oved the cash limits for ea c h o f t h e non-trading
co m m it te e s for 1998 as set
o u t in A p p endix 4.2, except
th a t -
(i ) t h e c a s h limit for the
O v e r se a s A id Committee be in c r e a se d fr o m £2,700,000 to £ 2 ,8 3 5 , 0 0 0, and the
F in a n c e a n d Economics
C o m m i tt e e r equested to
re d u c e t h e a m ount to be
al l o c at e d t o t he general
re s e r v e in t h e 1998
B u d g e t a c c o rdingly;
(i i) co n s i deration be given
t o m a k in g a f u rther
i n c re a s e o n c e the
O v er s e a s A i d Committee h a s c o m p le t e d its
p r e se n t r e v i ew and has
s u b m i t te d a 3 y ear
B u s i n e ss P la n as part
o f i ts 5 y e a r
S t ra t e g ic P la n to the
S t a te s d u r i n g 1 998;
(c ) a p p r oved the manpower policy
o f th e E s ta blishment
C o m m i tt e e as set out in sub-
p ar a g r a p h s 7.1 to 7.19 of
th a t P a r t, a nd Appendix 5;
(d ) a p p r oved the recommended
ca p i t al p r o gramme for 1998
an d 1 9 9 9 as set out in
A p p e n d i ce s 6.1 and 6.2; and
ap p r o v e d in principle the
h ig h e r p r io rity projects
re c o m m e n ded for 2000 and 2001 as s et o u t in Appendix 6.3;
(e ) a p p r oved the legislation
p ro g r a m m e for 1998 - 2000 as se t o u t i n A ppendix 7.4.