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STATES MINUTES 2 2 n d A p r il 1997 P ri c e : £ 3 . 0 0
T HE STATES assembled on Tuesday, 2 2nd April 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 Pierre François Horsfall - out of
t he Island
J ohn Baudains Germain, Connétable of St. M artin - ill
A lastair John Layzell, Deputy of St.
B relade - out of the Island
T erence John Le Main, Deputy of St.
H elier - out of the Island
R obin Charles Hacquoil, Deputy of St.
P eter - ill.
_ _ _ _ _ _ ______
P r a y e rs
_ _ _ _ _ _ ______
Subordinate legislation tabled
The following enactment was laid before the States, namely -
C ivil Service Administration
( Salaries) (Amendment No. 16) (Jersey) O rder 1997. R & O 9077.
Committee of Inquiry to investigate the procedure followed in relation to the timetabling, preparation and presentation to the States of the draft Limited Liability Partnerships (Jersey) Law 199 : resignation of President and members.
THE STATES noted the resignation of the President and members of the Committee of Inquiry to investigate the procedure followed in relation to the timetabling, preparation and presentation to the States of the draft Limited Liability Partnerships (Jersey) Law 199 .
Matters presented
The following matters were presented to the States -
1 . Prison Board: report for
1 9 6 6 - R.C.24/97.
P r e sented by the Prison
B o ard.
T H E STATES ordered that the said report b e p rinted and distributed.
2 . Telecommunications Board: annual r e p ort and accounts for 1996.
P r e sented by the
T e l ecommunications Board.
3 . States of Jersey Annual Report a n d Accounts for 1996.
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 14th April 1997, recording the following decisions of the Treasurer of the States under delegated powers, in pursuance of Standing Orders relating to certain transactions in land -
( a) as recommended by the Housing
C o m mittee, the granting to the Jersey
E l e ctricity Company Limited of wayleave a n d rights in perpetuity free of charge
o v e r public land at St. Martin's
A rs enal, in order to gain access to
E l e ctricity Sub-Station 140, St.
M a rtin's Arsenal, St. Martin, with each
p a r ty being responsible for its own
l e ga l costs in relation to the
t ra n saction;
( b) as recommended by the Education C o m mittee, the granting to the Jersey E l e ctricity Company Limited of a
w ay leave in respect of the electricity
c a b le from the Highlands Campus
b o u ndary with Highlands Lane, St.
S a v iour, in perpetuity and free of
c h a rge, the company to be granted right
o f a ccess with or without workmen or m at erial in order to repair, replace,
m ai ntain and upkeep the said
e l ec tricity cable with the works being
c a rr ied out as quickly as possible so
a s t o cause the least inconvenience to
t h e public, and any areas affected will b e r einstated to the same state as they w er e before the work was carried out, a c c ess being conditional upon two
w ee ks' notice being given except in
c a s es of emergency, on the basis that
e a c h party would be responsible for its
o w n legal costs in relation to the
t ra n saction;
( c) as recommended by the Agriculture
a n d Fisheries Committee, the lease from t h e National Trust for Jersey of Fields
N o s. 810, 811, 812 and 813, The Elms,
S t . Mary (together
m ea suring 34.23.20 vergées), for a
p e r iod of five years from 25th December 1 9 9 5 at a commencing annual rent of
£6 , 000 payable annually in advance,
s u b ject to review at the end of the
t h ir d year of the term to open market
r e n tal value and, in the event that the
p a r ties are unable to agree the new
r e n t, an arbitrator is to be appointed
a n d the costs of the arbitration are to
b e s hared equally between the parties.
T h e Agriculture and Fisheries Committee i s p ermitted to sub-let the land
s u b ject to the condition that any new
s u b -tenant should be approved by the
T r u st beforehand, such consent not to
b e u nreasonably withheld. The
A g riculture and Fisheries Committee
w il l also be responsible for payment of
t h e occupier's rate and the reasonable
l e ga l fees incurred by the Trust;
( d) as recommended by the Housing
C o m mittee, the passing of a Deed of
A rr angement with Mr. Dean Michael Bohan a n d Mrs. Toni Anne Bohan, née Leonard,
o w ners of No. 27 Colombus Street, St.
H e l ier, in order to agree that both the
e x te nsion and any parts of the roof of
N o . 27 Colombus Street which overhung t h e public's property at No. 29
C o l ombus Street might remain
e s ta blished, and that the usual rights
o f a ccess were to be granted to Mr. and M r s. Bohan, on the basis that Mr. and
M r s. Bohan were responsible for all
l e ga l costs incurred by the public in
t h e transaction.
Matter noted - acceptance of tender
THE STATES noted an Act of the Finance and Economics Committee, dated 14th April 1997, showing that, in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that the Public Services Committee had accepted the lowest revised tender in respect of the Mechanical/Electrical contract for the Weighbridge to Town Centre Surface Water Link and Storage Tank Project, namely that received from Staveley Industries Plc WHS Division in the sum of £1,060,786.45.
Matters lodged
The following matters were lodged au Greffe'' -
1 . Draft Magistrate's Court
( M iscellaneous Provisions) (Amendment N o . 6) (Jersey) Law 199 - P.62/97.
P r e sented by the Legislation
C o m mittee.
2 . Draft Costs in Criminal Cases
( A m endment) (Jersey) Law 199 - P . 6 3/97.
P r e sented by the Legislation
C o m mittee.
3 . Haut de la Garenne, St. Martin :
c o n version and redevelopment - P.64/97. P r e sented by the Planning and
E n v ironment Committee.
4 . States of Jersey Airport:
o p e ration of jet aircraft (P.24/97) -
a m e ndment - P.65/97.
P r e sented by the Tourism
C o m mittee.
5 . Town drainage scheme: Committee
o f I nquiry - P.66/97.
P r e sented by Senator S.
S y v ret.
6 . Draft Natwest Offshore Limited ( J er sey) Law 199 - P.67/97.
P r e sented by Senator C.
S t e in.
Arrangement of public business for the next meeting on 13th May 1997
THE STATES confirmed that the following matters lodged au Greffe'' would be considered at the
next meeting on 13th May 1997 -
R acial discrimination in Jersey: report and r ecommendations - P.213/96.
L odged: 19th November 1996.
P olicy and Resources Committee.
D raft Magistrate's
C ourt (Miscellaneous Provisions) (Amendment N o. 6) (Jersey) Law 199 - P.62/97.
L odged: 22nd April 1997.
L egislation Committee.
D raft Costs in Criminal
C ases (Amendment) (Jersey) Law 199 - P .63/97.
L odged: 22nd April 1997.
L egislation Committee.
Rent arrears - question and answer (Tape No. 388)
Deputy Philip John Rondel of St. John asked Senator Corrie Stein, President of the Housing Committee, the following question -
I have been advised in correspondence
f rom the Housing Department that the
o verall sum of £475,000 is owed by tenants
o f the Housing Department in rent arrears.
What steps are being taken to recover these
o utstanding amounts?''
The President of the Housing Committee replied as follows -
The Housing Committee has just over 4,500 t enants who will contribute £12m in rent d uring 1997. Over 87 per cent of tenants a re either up-to-date or in advance with
t heir rent payments but, inevitably, for a v ariety of reasons, there are some tenants w ho fall into arrears.
T he last three years has seen an
i mprovement in terms of the total rent
a rrears and the arrears as a percentage of t otal rental income.
I n April 1995 there were 606 tenants in a rrears, owing a total of £476,134,
r epresenting 4.4 per cent of the annual r ental income of £10.75m.
I n April 1996 there were 627 tenants in a rrears, owing a total of £470,476,
r epresenting 4.2 per cent of the annual r ental income of £11.2m.
A t present, in April 1997, there are 572
t enants in arrears, owing a total of
£ 469,122, representing 3.9 per cent of the a nnual rental income of £12m.
T he Committee does not write off rent
a rrears and therefore the total sum is
c arried forward each year. This factor
u nderlines the improvement that has been m ade in the last three years.
T he majority of tenants who fall severely b ehind with rental payments are on low
i ncomes and have chronic social or
f inancial problems. Of the 20 tenants with t he highest arrears, 18 have children of
s chool age and the other two are old age p ensioners.
T he Housing Department does not allow
r ental arrears to accrue without attempting t o establish the cause and giving tenants
a n opportunity to overcome difficulties,
e .g. breakdown of relationship with the
w age earner.
T he following is a summary of the steps t aken by the Department to reduce and r ecover rent arrears -
1 . A tenant failing to pay their rent by
t h e end of their regular payment period i s s ent a letter enquiring whether
t h er e has been an oversight.
2 . If this does not result in prompt
s e tt lement, a second letter is sent and a n a ppointment made with the arrears
o f fi cer.
3 . If there is no response or no
i m p rovement in payment, a home visit is m ad e.
4 . Persistent offenders and those where
l a rg e arrears have occurred over a long p e r iod of time, are seen on a regular
b a s is by Housing officers, with the
m aj ority signing up to regular arrears
r e p ayment plans.
5 . Where appropriate, arrangements are
m ad e with employers and the Parish for r e n t payments to be made from wages or b e n efits direct to the Housing
D ep artment.
6 . A debt collector is employed
s p e cifically to call weekly on 45
t e na nts who persistently fall behind w it h their rental payments.
7 . Despite these measures, during the last 1 2 months it has been necessary for 87 t e na nts to be taken to the Petty Debts
C o u rt for recovery of rent arrears.
8 . The Housing Committee does not wish to c a u se homelessness or break up families
b u t nevertheless, in the last 12
m o nths, 13 tenants have been served
w it h eviction notices, of which five
h a v e been pursued to repossession of
t h e property. Where families with young
c h il dren or pensioners are involved,
r e p ossession of their dwelling for rent
a r re ars is very much a last resort.
I n summary the Committee will continue to t ake all reasonable steps to recover
a rrears and to reduce the incidence of non- p ayment of rent.''
Emissions from the nuclear reprocessing plant at La Hague - questions and answers (Tape No. 388)
Deputy Alan Simon Crowcroft of St. Helier asked Senator Frank Harris on Walker , Vice-President of the Policy and Resources Committee, the
following questions -
Following recent reports of radioactive
d ischarges into the sea from the nuclear
r eprocessing plant at La Hague, would the P resident advise members -
( a) whether any investigations are underway
o r p lanned as to whether there has been
a n y contamination of the local marine
e n v ironment and, if so, to what extent
a n d with what outcome?
( b) what epidemiological studies are
u n d erway or planned into the possible ri s ks posed by the French nuclear
r e p rocessing industry to the health of l o ca l people, and of children, in
p a r ticular?
( c) what discussions about nuclear
p o l lution are underway or planned
b e tw een the States of Jersey and the
B r i tish and French governments in
a d v ance of the meeting in September
t h is year of the Commission established u n d er the 1992 Convention for the
P r o tection of the Marine Environment of t h e North East Atlantic ( OSPAR')?
( d) when will the full report' on nuclear
i ss u es, which the minutes of the Policy a n d Resources Committee of 26th
N o vember 1996 state will be published ea r ly in the New Year', be presented
t o t he States?''
The Vice-President of the Policy and Resources Committee replied as follows -
(a) The marine environment continues
to b e m onitored on an annual basis b y t h e Centre for Environment,
F is h e r ies and Aquaculture Science, ( C E F A S'), (formerly the Ministry
o f A g r iculture, Fisheries and Food
F is h e r ies Laboratory) on a basis
ag r e e d with local environmental
o ff ic e r s. The nature of the
p ro g r a mme is reviewed annually to en s u r e its relevance to current
ev e n t s and local circumstances.
T h e r e sults are published every
y ea r an d are in the public domain.
M e m b ers can be assured that the
re s u lt s indicate no health risk to
th e p u blic at large.
A s an example, samples of molluscs
i n d icate a typical value of 0.03
B e c querels (the measure of
r a d ioactivity) a kilogram of wet
t is s ue. This is an extremely small
f ra c tion (nearly four thousand times
s m a ller) of the National Radiological
P r o tection Board's Recommended
G en eralised Derived Limit for molluscs
o f 2 00 Becquerels. And it is
a p p ropriate to say that those limits
a r e actually already set with a large
s a fe ty margin.
T h e radioactivity levels in
s e a food, considered the most important
s o u rce of exposure to humans, when
t ra n slated into potential radiation
d o s es to the public indicates also the
m ea sure of safety. Thus the risk to
h u m an health has been estimated to be
l e ss than one per cent of the
i n te rnally recommended permissible dose w h ich, like the limits for natural
o r g anisms, is already set with a large
s a fe ty margin. This represents an
e x tr emely high margin of safety to the
p e o ple of Jersey.
I t s hould be pointed out that the
p o t ential dose, not even the actual
d o s e, to Jersey's public is
a p p roximately half the level of natural
r a d iation exposure that most members of t he public will receive from natural
c a u ses including a significant
p r o portion from radon derived from
g r a nite.
F u r thermore, the Committee is mindful
o f t he public's anxieties concerning
r a d ioactivity. The human exposure
l e ve ls I have just quoted have been
t h eo retically derived with a
s ig n ificant margin of safety built in.
A s part of the outcome of its
d e li berations with the Home Office, it h a s been agreed that actual potential
p a th ways to human exposure will be
e v a luated by CEFAS and, in fact, that w o rk is due to begin this very week. W h ilst not wishing to pre-judge the
r e su lts, professional wisdom is of the
o p i nion that the results will indicate e v e n higher levels of safety than the t h eo retical calculations show.
I n v iew of the publicity given to the i ss u e of the exposure of the Cap de la H ag ue outfall pipe at the recent
e x tr emely low tides, I would like to a d d briefly to my answer to Deputy C r o wcroft's specific question.
I t is not unexpected that such
e l ev ated levels as recorded would be
m ea sured at the actual outfall. However t h is does not alter the fact that the
a c tu al discharges remain well within
a p p roved permissible limits and, given n o r mal dilution, pose no threat to
h u m an health in Jersey. Public access
t o t he outfall would not normally be
p o s sible and the French authorities
h a v e taken steps to rectify the
s it u ation.
I t s hould also be pointed out that
v e r y little of the discharge material
a c tu ally circulates in local waters.
T h e re are very complex tidal patterns
a r o und the Channel Islands and the
d i sc harge is a mixture of many
r a d ionuclides. The Environmental
A d viser very recently attended a
c o n ference on Radioactivity in the
O ce ans at which several research papers w er e presented on the situation in
l o ca l waters. Although there are slight v a r iations dependent on the
r a d ionuclide, independent scientific
r e se arch indicates that well over
8 0 per cent of radioactivity discharged
f ro m Cap de la Hague passes into the
E n g lish Channel, mostly in a northward d i re ction. Less than one per cent
c i rc ulates around Jersey.
I t m ay also be worth remarking that, at t h e conference and talking to the many i n d ependent scientists studying the
a r ea , the Environmental Adviser was
l e ft in no doubt that the marine
e n v ironment, and by inference the
g e n eral public on this Island, is at no
r is k from the discharges from Cap de la H ag ue.
F i n ally, before moving to the next
q u e stion it may be worth mentioning, a l th ough it does not concern the marine e n v ironment, that air is also monitored b y the Official Analyst and milk is
s e n t on a regular basis to be checked
f o r radioactivity. None of these checks h a s shown levels of radiation above
b a c kground.
( b) With regard to epidemiological
s tu d ies, deaths are registered in
J e rs ey under the Etat Civil Law. Annual d e a ths are collated and published in
t h e Annual Report of the Medical
O ff icer of Health and are therefore
a v a ilable for public scrutiny.
C a n cer registration has been undertaken b y the Health and Social Services
C o m mittee and that information is also
p u b lished on an annual basis. The whole i ss u e of cancer registration was
e x a mined some two years ago and was m o ved from the Thames Cancer Registry t o t he Wessex Cancer Information
S e r vice. The information service is on
c o n tact to monitor the incidence of
c a n cer in Jersey and compare it with
s im ilar populations in the United
K in gdom.
C a n cer registration in Jersey has
i m p roved markedly in quality over the l a st 18 months and that improvement is a g a inst a background of cancer
r e g istration that would compare quite
f a v ourably with similar administrations e l se where.
O f particular relevance to the
q u e stion asked is the proposal on the
a g e nda for a meeting between the Health A u thorities in the Isle of Man,
G u ernsey and Jersey at the end of this
m o nth, firstly, to consider the
s ta n dardising of cancer registration
w it hin the three administrations so
t h at results may be readily compared,
a n d , secondly, to consider the setting
u p of research projects to examine
p o s sible health implications for the
t h re e authorities due particularly to
t h ei r proximities to nuclear power
p l an t and reprocessing plant.
I t is always wise to produce caveats a b o ut statistics produced from small p o p ulations such as Jersey's and not
j u m p to conclusions based on inadequate d a ta . Jersey's efforts in this field
w o uld stand up to independent and
i m p artial scrutiny.
T h e Medical Officer of Health is well a w a re of concerns related to the
r e p rocessing plant at Cap de la Hague. A ll the evidence indicates that there
i s n o public health problem, neither
f o r adults or children, from radiation
o r r adioactivity arising from the
p l an t.
( c) The OSPAR Commission is responsible f o r overseeing the Convention for the
P r o tection of the Marine Environment of t h e North-East Atlantic. A strategy
f o r radioactive substances' is one item
o f t he Commission's agenda for
S e p tember and a text for discussion is
b e in g prepared. However, discussions
a r e at a very preliminary stage and the
E n v ironmental Adviser is keeping the
s u b ject under review. The Committee has c o n tinued to forcefully express its
c o n cern and has been kept aware of
d e v elopments, and of British and French i n te ntions, at its meeting at the Home
O ff ice. A further meeting at the Home
O ff ice is scheduled for 13th June 1997.
( d) The Policy and Resources
C o m mittee discussed the draft report at
i ts m eeting last week and agreed that,
w it h a few minor modifications, it
w o uld go forward to the States as soon
a s p ossible. The delay in presenting
t h e report is regretted but it was
i m p ortant to clarify all the factual
i n fo rmation and this has depended very
m u ch on the speed of replies from the
U n ited Kingdom Atomic Energy Authority ( U K AEA). That has been affected by
s e v eral changes of Director at the
U K AEA during the follow-up to the
o r ig inal Home Office meeting.''
Tax liability - question and answer (Tape No. 388)
Senator Stuart Syvret asked Senator Frank Harris on Walker , President of the Finance and Economics Committee, the following question - Will the President inform members of the t ax liability for the following sectors for
t he years 1992, 1993 and 1994 -
A g riculture
F i s hing
Q u arrying
M a nufacturing
E l e ctricity, gas and water supply
C o n struction
W h olesale and retail trade
H o tels and restaurants
T r a nsport, storage and communication F i n ancial intermediation
R e a l estate, renting and business
a c ti vities
P u b lic administration and defence
E d u cation
H ea lth and social work
O th er community, social and
p e r sonal services
P r iv ate households and employed
p e r sons.''
The President of the Finance and Economics Committee replied as follows -
I must apologise to both Senator Syvret a nd the house, but I regret that it has not b een possible to obtain the figures
r equested. This is because the request is b ased on the 1995 Standard Industrial
C lassification and the Income Tax
D epartment has figures allocated to
I ndustry on the basis of the previous
S tandard Industrial Classification. It will t herefore take a little time to provide the f igures required on the basis he requires. I will either provide the answers at the
n ext sitting of the States or ensure that
t he figures are sent to the Senator if they a re available before then.''
Fire fighting at the airport - question and answer (Tape No. 388)
Senator Stuart Syvret asked Deputy Michael Adam Wavell, President of the Defence Committee, the following question -
On 8th April 1997 the President of the
H arbours and Airport Committee, in response t o a question of the Deputy of St. John,
c oncerning the length of fire fighting time a chievable from the water supply available a t the airport, reminded members of an
e arlier joint statement of the Defence and H arbours and Airport Committees which
s tated that - there are 80,000 gallons of
w ater available now with a further 50,000 g allons to be available by the end of
A pril' to fight fires. In the light of that
P resident's reply, would the President give a n indication of how long in fire-fighting
t ime this water would last in the worst
e nvisaged scenario?''
The President of the Defence Committee replied as follows -
A serious fire situation would demand the u se of numerous jets of water of varying
s izes possibly positioned on several floors
o f the old building both internally and
e xternally. For example, an incident at
J ersey Airport could require the use of
e ight hand branches and one aerial ladder
p latform monitor using approximately 2,000 g allons of water a minute. In the worst
s cenario the existing water supplies would
l ast for 40 minutes, assuming the jets in
q uestion were at maximum output all of the t ime and this time will increase to 65
m inutes when the additional 50,000 gallons a re made available. In reality this
s cenario would be very rare and, therefore,
i n most instances the water supplies would
l ast longer.
I t must be borne in mind that all the
h and branches are controllable, i.e. the r ate of flow of water through the branch c an be decreased or shut off, and that it i s quite usual in fire fighting operations t o shut down a branch when advancing f urther into a building with a line of
h ose.
I n addition, contingency arrangements have b een made with the Jersey New Waterworks C ompany to boost the water supply to the
A irport by the diversion of mains water
w hich will be made available within 15-30 m inutes of the outbreak. This will provide
a slight improvement to the pressure and
f low available and would be capable of
s upplying 350 gallons of water a minute.
I n the event of a fire in the terminal b uildings all flying would cease. This w ould allow the Airport Fire Service to a ssist the States Fire Service personnel in t ackling the incident.
T he States Fire Service would also be
f errying water with its two water carriers t o the Airport.''
Centre Ville Group - question and answer (Tape No. 388)
Senator Stuart Syvret asked Senator Nigel Lewis Quérée, President of the Planning and Environment Committee, the following question -
Would the President provide for the
S tates a full explanation of the procedure
a nd selection process by which a Co-
o rdinator was appointed for the Centre
V ille Group, given that this post is funded
b y taxpayers' money, part of which has been g ranted by his Committee?''
The President of the Planning and Environment Committee replied as follows -
The Senator has asked for a full
e xplanation of the procedure and selection
p rocess' of the appointment of a Co-
o rdinator. I have set out in the attached
a ppendix details of the Centre Ville Group
w hich is a fully independent group. It is
a ccountable to all of its principal
p articipants of which the Planning and
E nvironment Committee is only one, the
o thers being the Public Services Committee,
t he Parish of St. Helier and the Chamber of C ommerce. I set out here the fullest
p ossible answer based on the minutes and
i nformation which my Committee's officers h ave received.
T he Centre Ville Group advertised the Co-
o rdinator's post in the Jersey Evening Post
o n 30th December 1996. Interested persons
w ere provided with a copy of the terms and
c onditions and the job description which
h ad been previously approved by the Group. A statement of key competencies which would b e required of the postholder was also
p roduced.
O n 3rd January 1997 I attended the Centre V ille Group. It was agreed that a working g roup be appointed to carry out the
p reliminary interviews comprising the
c hairman, Mr. R. Henkuzens, Mr. N. Brooks
( Chamber of Commerce), together with Mr. S. F ell my Committee's Conservation
A rchitect/Urban Designer. The Planning and Environment Committee had agreed that Mr. F ell, should advise the Group on
p rofessional matters.
O n 7th February 1997 Deputy Crowcroft
a ttended the meetings on my behalf. It was
d ecided that a Sub-Committee be set up and
i nitial interviews be held on 14th
F ebruary. The minute records that there had b een 24 expressions of interest. The stated
o bjective was to reduce the number of
c andidates to two from three after initial
i nterviews. I understand that Mr. Brooks,
w ho was advised by a Chamber of Commerce C ouncil member specialising in human
r esources, had identified six candidates
t hat he felt worthy of selection for
p reliminary interview. This matter was
c onsidered on 6th February at a meeting of
s elected members of the Centre Ville Group w ho had expressed willingness to
p articipate in the selection process. Mr.
F ell was not present at that meeting and no
m inutes have been received by the
D epartment.
O n 14th February preliminary interviews w ere held. No minutes of this meeting have b een received by the Planning Department. M r. Fell was not available on the day
c hosen for interviews and did not attend.
O n 7th March 1997 the Centre Ville Group m et and confirmed the four candidates to be i nvited for interview on 21st March. The
m eeting agreed that each candidate should g ive a short presentation at the interview.
T he minutes confirm the members of the w orking party dealing with the selection p rocess (Messrs. Brooks, Fell, Mourant, J ohns and Pearce).
T he minutes of the interview meeting on
2 1st March record that nine persons were
p resent at the first interviews and that
s ix persons were absent, two of which were
o n the selection process working party. Two
o f the candidates withdrew before the day
a nd only two candidates were interviewed. A t the conclusion of the meeting a vote was t aken and on a majority vote the Chairman ( Mr. Henkuzens) was instructed and
a uthorised to speak to the two absent
m embers of the working party and, subject t o their comments, offer the post to the
s uccessful candidate.
N o minute has been received but it is
u nderstood that the Chairman made a verbal
o ffer to the selected candidate the
f ollowing day, which was accepted.
O n 23rd March my Chief Officer received a complaint from Deputy Crowcroft as a
r esult of which he spoke to the Group's
C hairman and it was agreed that the
a ppointment be held over until a further m eeting of the Group had taken place.
T he Centre Ville Group reconsidered this
m atter at its meeting on 4th April 1997.
T he minutes record that the Group
u nanimously approved a resolution ratifying t he previous actions of the Group with two a bstentions.
A P P E N D I X
T he Centre Ville Group is an independent group formed on the recommendation of the t hen Deputy Walker in February 1996 to co-
o rdinate the actions of the private and
p ublic sectors in the town centre of St.
H elier. From the outset it was agreed by
t he main parties, the Parish of St. Helier,
C hamber of Commerce, Public Services
C ommittee and Planning and Environment C ommittee that a dedicated position of
f ull-time co-ordinator would be required.
T he job description and objectives were
d rafted by the Planning and Environment
C ommittee's Conservation/Urban Architect w hich were discussed from March to July
1 996, prior to agreement. Agreement was
r eached on funding the post with Public
S ervices in July 1996 and confirmed in
S eptember 1996 and the Planning and
E nvironment Committee in May and October 1 996, it being agreed that the Chamber of
C ommerce would provide support and
f acilities rather than a cash contribution.
I n October 1996 the Planning and
E nvironment Committee agreed to provide a
c ontribution of £20,000 a year for three
y ears subject to safeguards to ensure that,
s hould the group not succeed in its role,
t he arrangement would be terminated. The
P lanning and Environment Committee also
r ecommended that the appointment be made on a one-year renewable contract, subject to
s atisfactory performance, as well as an
i nitial six month probation period.''
Scheduled air service between Jersey and Heathrow - questions and answers (Tape No. 388)
Senator John Stephen Rothwell asked Deputy Philip John Rondel of St. John, Vice-President of the Jersey Transport Authority, the following question -
What further steps are being taken by the J ersey Transport Authority to secure the
c ontinuation of scheduled air services
b etween Jersey and London Heathrow?''
The Vice-President of the Jersey Transport Authority replied as follows -
As members will be aware representatives
of the Jersey Transport Authority met with
t he Chief Executive of British Airways, Mr.
R obert Ayling, at Heathrow on 1st April
1 997. At that meeting Mr. Ayling indicated
t hat the present scheduled air services
b etween Jersey and Heathrow might some time i n the future be transferred to London
G atwick. By way of response the Authority's
r epresentatives emphasised the importance
t o the Island of maintaining a London
H eathrow service, and stated that the
insular authorities would continue to fight
f or the retention of that service.
S ince the meeting on 1st April the
J ersey Transport Authority has encouraged a nd is continuing to encourage the business c ommunity and Island residents who wish to s ee the Heathrow service retained to write
t o the Chief Executive of British Airways
t o make their views known to him. I would l ike to take this opportunity of saying
t hat it would be most helpful to the
A uthority if any letters written are copied
t o the Chief Adviser of the States,
M r. Colin Powell, who also acts as the
E xecutive Officer to the Authority. T he Jersey Transport Authority will also be r equesting a meeting with the United
K ingdom Minister for Aviation, after the G eneral Election. The Authority will be
p ressing the Minister to take the necessary s teps to protect the Heathrow slots
p resently used for the Jersey service. The A uthority will make the case that has been m ade to previous Ministers regarding the
i mportance of air travel to the Island, and
t he importance of the Heathrow route in
p articular.
T he Chief Executive of British Airways
h as assured the Jersey Transport Authority t hat no decision will be taken to remove
t he Jersey service from Heathrow without p rior and full consultation with the
i nsular authorities. He has informed the
A uthority that those services to be moved t o Gatwick will be identified through the a pplication of certain criteria, including
h ow the market can best be served, what p roportion of passengers are interlining,
a nd the relative profitability of the
s ervice. The Jersey Transport Authority
w ill address these and other issues in
p reparing its case in support of the
r etention of the Heathrow service in the
c ontext of the consultation process that
B ritish Airways have promised.
M embers can rest assured that the
J ersey Transport Authority will continue to
t ake every possible step to press the case
f or the continuation of scheduled air
s ervices between Jersey and London Heathrow a nd to secure an outcome that best serves
t he interests of the Island.''
Office of the Chief Adviser - questions and answers (Tape No. 388)
Senator Stuart Syvret asked Senator Frank Harris on Walker , Vice-President of the Policy and Resources Committee, the following questions -
1. A t present the Office of the Chief
A d v i se r is a general resource for
th e S ta tes as a whole and
in d i v id ual States' members. I
u n d er s tand that the Policy and
R e s o u rces Committee is at present co n s i d ering restructuring the
O f fi c e of the Chief Adviser
in c l u d ing a Corporate Strategy
U n i t. G iven the importance of
en s u r in g the continued empowerment an d e f fective independence of
in d i v id ual States members, will
th e P re sident inform the members
if t h e P olicy and Resources
C o m m ittee are conscious of the
n ee d o f individual States' members to h a v e access to impartial advice
fr o m t he Office, whatever final
fo r m t hat may take?
2 . Will the President explain what
a p p roach may be adopted in enabling the p r o posed Corporate Strategy Unit to
i m p ose or enforce strategies or
p o l icies that cut across departmental
b o u ndaries?
3 . Given the review of functions and
d e p artmental re-structuring currently u n d erway at the Office of the Chief
A d viser, will the President inform
m em bers if the need for regular, well i n fo rmed, environmental input at a
s tr a tegic level will be a priority in
a n y final decision concerning the
f u tu re of the department?
4 . The Policy and Resources Committee is c u r rently considering the future
f u n ctions of the Chief Adviser, and the
s tr u cture of the Office of the Chief
A d viser. Will the President inform
m em bers if the Policy and Resources
C o m mittee will, in its deliberations,
b e m indful of the traditional non-party
p o l itical and federal structure of the
S t a tes?''
The Vice-President of the Policy and Resources Committee replied as follows -
1. T he present responsibilities of th e O f fice of the Chief Adviser
ar e se t down in the report and
p ro p o s ition approved by the States in O c t ober 1992 when the decision w a s t a ken to change the title of
E c o n o mic Adviser to that of Chief A d v i se r, and in the report and
p ro p o s ition approved by the States in 1 9 6 8 regarding the appointment
o f th e Economic Adviser. In the
p ro v ision of information and
ad v i c e the Chief Adviser and his
st a ff h ave offered a service to
in d i v id ual States' members, and to th e p ri vate sector, over the years
in a w a y that I, and the Policy
an d R e sources Committee, believe al l t h o se who have taken advantage
o f th i s opportunity have greatly
ap p r e c iated. The Policy and
R e s o u rces Committee is in
ag r e e m ent that such a service
sh o u l d be continued and in any
co n s i d eration of the future of the O f fi c e of the Chief Adviser the
n ee d o f individual States' members fo r i n f ormation and impartial
ad v i c e will be taken fully into
ac c o u n t whatever final form that
d ep a r t ment may take.
2 . As I have indicated in the answer to
t h e previous question, and as was made
v e r y clear in the debate on the 1996
S t ra tegic Policy Review and Action
P l a n, the Corporate Strategy Unit
w it hin the Office of the Chief Adviser
w il l be carrying out part of the
e x is ting responsibilities of that
d e p artment. It will do so as at present
i n s upport of the agreed role of the
P o l icy and Resources Committee to
p r o duce a framework of strategic
p o l icies and objectives to which
C o m mittees are required to have regard
i n the formulation of their own
p o l icies, and to ensure the overall co-
o r d ination of those policies and
o b j ectives and to recommend to the
S t a tes relative priorities in the use
o f m oney and manpower resources. As the
P o l icy and Resources Committee stated
i n i ts comments to the States last
O ct ober the objective is to improve on
w h at is being done at present. The Unit
w il l be promoting, co-ordinating,
m o nitoring and advising. It will not be
i m p osing or enforcing strategies or
p o l icies. The Unit will be accountable
t o t he Policy and Resources Committee
a n d the Committee will agree its work
p r o gramme within the framework of the
S t a tes strategic policies, and will be
a d v ised by the Unit on implementation
a n d resource allocation processes.
T h i s role of the Corporate Strategy
U n it within the Office of the Chief
A d viser was accepted by the States at t h ei r meeting on 8th October 1996.
3 . The Policy and Resources Committee is v e r y conscious of the need for regular,
w el l informed, environmental input at a
s tr a tegic level and this will be taken
f u ll y into account in deciding the
f u tu re of the Office of the Chief
A d viser. The Committee, in carrying out i ts s trategic policy responsibilities,
i s in need of environmental advice and
a t t he present time this advice is
p r o vided by the Environmental Adviser.
T h e Committee is aware however that the p r e sent intention is that, following
h i s completion of a sustainable
d e v elopment strategy, the Environmental A d viser should become the Director of
E n v ironment working to the Planning and E n v ironment Committee.
4 . The Policy and Resources Committee is i n r eceipt of the final report and
r e co mmendations of the consultants
e n g aged to review the Office of the
C h i ef Adviser but is of the opinion
t h at this calls for detailed
c o n sideration by the Committee of a
n u m ber of key issues raised by the
r e p ort before it is distributed to
S t a tes' members and chief officers as
p a r t of what will be a consultative
p r o cess. The Committee will indeed be m in dful of the present structure and
c u lt ure of the States when considering
w h at recommendations to bring to the
S t a tes. It will also have regard for
t h e need to carry out its own
r e sp onsibilities as effectively as
p o s sible, to ensure the most effective
u s e of States' resources and, as
i n d icated in the answer to question 1,
t o e nsure the continued availability of
t h e advice and support presently
a v a ilable from the Office of the Chief
A d viser to States' Committees, States'
m em bers and the private sector.''
International Convention for the Carriage of Goods by Road - statement
Senator Frank Harris on Walker , Vice-President of the Policy and Resources Committee, made a
statement in the following terms -
The States in 1964 decided that the
i nsular authorities should be a party to
t he International Convention for the
C arriage of Goods by Road. Since that time
t here has been no pressure from any Jersey
c ompany expressing concern that it might be a dversely affected as a result of Jersey
n ot being a party to the Convention.
H owever, in the past year or two the Island
h as accepted the extension to it of a
n umber of agreements entered into by the
U nited Kingdom relating to the carriage of
g oods by road in Europe. This has been done
o n the basis that although there is no
p ressure for an agreement to apply there
m ight be occasions in the future when it
w ould be important for a Jersey company
t hat they did, and there has been no
a dministrative cost placed on the Island
a rising from the acceptance of the
a greement. The same argument applies to the I nternational Convention for the Carriage
o f Goods by Road.
I n 1964 the States decided that the
C onvention should be implemented by means
o f insular legislation. However, with the
p assage of time, and also with the pressure
o n law drafting resources, there would seem t o be good reason for Jersey to follow the
I sle of Man and Guernsey and provide for
t he Convention to be extended by means of
t he extension of the United Kingdom
C arriage of Goods by Road Act 1965. There i s no change in the principle from that
a dopted by the States in 1964, namely that
t he provisions of the Convention should be
e xtended to the Island.''
Public Employees Contributory Retirement Scheme Committee of Management: appointment of members
THE STATES, adopting a proposition of the Establishment Committee approved, in accordance with Regulation 3(4) of the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989, for the remainder of the period ending 31st December 1997, the appointment of -
( a) Deputy Evelyn Mabel Pullin as a member
o f t he Committee of Management in place
o f S enator Stuart Syvret as an employer r e p resentative; and
( b) Mr. William McPhee in place of Mr. M.J. H in gston as a member representative.
Prison (Amendment No. 4) (Jersey) Law 199 - P.235/96
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Prison (Amendment No. 4) (Jersey) Law 199 .
Criminal Justice (Amendment No. 2) (Jersey) Law 199 - P.236/96
THE STATES commenced consideration of the draft Criminal Justice (Amendment No. 2) (Jersey) Law 199 and adopted the Preamble.
Members present voted as follows -
P o u r'' (30) Senators
R othwell, Stein, Bailhache , Walker . Connétable s
S t. Lawrence, St. Brelade , Grouville , St. S aviour, St. Ouen , St. John.
Deputies
W avell(S), H. Baudains(C), Le Sueur(H),
C outanche(L), S. Baudains(H), Le Geyt(S), T rinity, Pullin(S), Johns(H), Duhamel(S),
R outier(H), Breckon(S), Grouville , Huet(H), S t. Martin, Blampied(H), Crowcroft (H), de
l a Haye(B), Le Cornu(C), St. Ouen.
C o n tre'' (5) Senators
S yvret, Kinnard.
Deputies
D orey(H), St. John, Vibert (B). Article 1 was adopted.
Article 2 was adopted, as amended, the States having accepted an amendment of Deputy Frederick John Hill of St. Martin that in paragraph (2) of
the new Article 6 for the words 7 p.m.'' there should be substituted the words 9 p.m.''.
Article 3 was adopted.
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Criminal Justice (Amendment No. 2) (Jersey) Law 199 .
Criminal Justice (Compensation Orders) (Amendment) (Jersey) Law 199 - P.237/96
THE STATES commenced consideration of the draft Criminal Justice (Compensation Orders) (Amendment) (Jersey) Law 199 and adopted the Preamble.
Article 1 was adopted, as amended, the States having accepted an amendment of Deputy Frederick John Hill of St. Martin that in the new
paragraph (5) to be substituted for paragraph (5) of Article 5 of the Criminal Justice (Compensation Orders) (Jersey) Law 1994 for the words 7 p.m.'' there should be substituted the words 9 p.m.''.
Article 2 was adopted.
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Criminal Justice (Compensation Orders) (Amendment) (Jersey) Law 199 .
Disability Transport Allowance (Jersey) Law 1997 (Appointed Day) Act 1997 - P.53/97
THE STATES, in pursuance of Article 16 of the Disability Transport Allowance (Jersey) Law
1997, made an Act entitled the Disability
Transport Allowance (Jersey) Law 1997 (Appointed Day) Act 1997.
Deputy Paul Francis Routier of St. Helier declared an interest in the matter and withdrew from the Chamber prior to the debate.
Disability Transport Allowance (Jersey) Regulations 1997 - P.54/97
THE STATES commenced consideration of the draft Disability Transport Allowance (Jersey)
Regulations 199 and adopted the Preamble.
Regulation 1 was adopted, the States having rejected an amendment of the Finance and Economics Committee that in Regulation 1 for the words £130 per month'' there should be substituted the words , with effect from the
first day of May 1997, £50 per month''.
Members present voted as follows -
P o u r'' (15) Senators
N orman, Walker . Connétable s
S t. Brelade, Grouville , St. Saviour , S t. John, Trinity .
Deputies
C outanche(L), St. Mary, Pullin(S),
D uhamel(S), Grouville , Vibert (B), de la H aye(B), Le Cornu(C),
C o n tre'' (31) Senators
S henton, Rothwell, Le Maistre, Stein,
Q uérée, Bailhache , Syvret, Tomes, Kinnard.
Connétable s
S t. Clement, St. Lawrence, St. Mary, St. P eter, St. Helier , St. Ouen.
Deputies
W avell(S), H. Baudains(C), Le Sueur(H), S . Baudains(H), Le Geyt(S), Trinity ,
J ohns(H), Dorey(H), Breckon(S), Huet(H), S t. Martin, St. John, Blampied(H),
R abet(H), Crowcroft (H), Dubras(L).
Regulation 2 was adopted.
Regulation 3 was adopted, the States having rejected an amendment of the Finance and Economics Committee that in Regulation 3 for the words on the first day of May 1997'' there should be substituted the words on the day following promulgation''.
THE STATES, in pursuance of Articles 3, 4, and 15 of the Disability Transport Allowance (Jersey) Law 1997, made Regulations entitled the Disability Transport Allowance (Jersey) Regulations 1997.
Deputy Paul Francis Routier of St. Helier declared an interest in the matter and withdrew from the Chamber prior to the debate.
Change in Presidency
During the course of the debate on the draft Disability Transport Allowance (Jersey) Regulations 199 the Bailiff retired from the Chamber and the Greffier of the States, Geoffrey Henry Charles Coppock, Esquire, took over the Presidency.
Adjournment
THE STATES then adjourned, having agreed that the outstanding items of public business should stand over until Tuesday, 13th May 1997, when they would be taken as the first item of matters lodged under Public Business.
THE STATES rose at 5.26 p.m.
C . M . N E W C O M BE D e p u ty Greffier of the States.