States Minutes 9th December 1997

STATES MINUTES 9t h D ecem ber 1997

T HE STATES assembled on Tuesday, 9th December 1997 at 9.30 a.m. under t he Presidency of the Bailiff ,

S ir P hi lip Bailhache

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All members were present with the exception of -

F rancis Herbert Amy, Connétable of

G rouville - ill

J ack Roche, Connétable of St. Saviour - i ll.

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P r aye rs

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Subordinate legislation tabled

The following enactments were laid before the States, namely -

T elecommunications

( Telephones) (Amendment No. 28) (Jersey) O rder 1997 - R & 0 9185.

D ata Protection (General

P rovisions) (Amendment No. 2) (Jersey) O rder 1997 - R & O 9186.

Matter presented

The following matter was presented to the States -

W orking Party on Policing of the

I sland: report - R.C.41/97.

P resented by the Defence Committee.

T HE STATES ordered that the said report be p rinted and distributed.

Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee, dated 24th November 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 Health and

S oci al Services Committee, the renewal

of t he lease from Miss Josephine

D o r othy Hamon of the property known as N ew lands', Le Mont du Coin, La Haule, S t . B relade, for a period of three

m o nths from 12th October 1997 at a

quar terly rent of £2,585 (representing

an a nnual rate of £10,340), on the same

t er m s and conditions as the existing

l eas e;

( b) as recommended by the Agriculture and F isheries Committee, the

acqu isition from the undermentioned ei ght beneficial owners of Field

N o . 121, C rabbé, St. Mary , namely -

M r s . D ulcie Gertrude Samson, née L e C or nu

M r s . D aphne Muriel Picot, née Le C or nu

M r s . T helma Daphne Lean, née Le C or nu

M r. Kenneth William Grimshaw M r . C har les William Stanley

M r s . E dna May Le Ruez, née

F er br a che

M r . M ichael Leonard Godel

M r . T er ence John Bardin

of a piece of land measuring

2.19.13  vergées for a consideration of

£ 12,50 0, with the Committee being

r es pons ible for all the legal costs

ar is ing, including negotiation,

pr e paration and registration of the pow ers of attorney and the conveyance of t he land in lieu of rent as the

C om mittee had occupied the land for ei ght years without formal consent;

( c) as recommended by the Health and

S oci al Services Committee, the renewal of t he lease from Mrs. Patricia Frances B r ee , née Baudains, of the three-

bedr oom j' category property known as L e B ecquet Carré, Pontac, St. Clement , f or a pe riod of two years ending on 7th S ept ember 1999, at an annual rent of

£ 14,25 0 to be increased annually in

l ine w ith the Jersey Retail Price s

I nde x, with the Committee having the opt ion to renew the lease for a further year , on the basis that each party

w o ul d be responsible for its own legal cos ts arising from the transaction;

( d) as recommended by the Planning

and E nvironment Committee, the lease to t he J ersey Electricity Company Limited

of t he electricity sub-station at

Mor ier House, Halkett Place, St.

H e l ier, for a period of 99 years

com mencing from the completion of the cont ract, at an annual rent of £1 all

t o b e paid in full at the end of the

cont ract, on the basis that each party

w o ul d be responsible for its own legal

cos ts arising from the transaction.

Matters lodged

The following matters were lodged au Greffe'' -

1 . Draft Harbours (Amendment

N o . 27 ) (Jersey) Regulations 199 -

P .192/ 97.

P r es ented by the Harbours and Airport C om mittee.

2 . Decision conferencing procedure: r ev iew - P.193/97.

P r es ented by Senator R.J. Shenton.

3 . Mortgage interest relief:

l im it - P.194/97.

P r es ented by Deputy A. Breckon

of S t. Saviour and referred to the

F i na nce and Economics Committee.

Arrangement of public business for the present meeting

THE STATES acceded to the request of the President of the Policy and Resources Committee that consideration of the proposition regarding

the St. Helier Waterfront area: acquisition of contested interest ( P.171/97 lodged au

Greffe'' on 11th November 1997) be deferred from the present meeting.

THE STATES acceded to the request of the President of the Legislation Committee that the following matter lodged au Greffe'' would be considered at the present meeting -

J ersey Law Commission: appointment of a dditional members - P.148/97.

L odged: 23rd September 1997.

L egislation Committee.

Mr. Barrie R. Cooper: petition - P.195/97

Deputy Jeremy Laurence Dorey of St. Helier presented to the States a petition on behalf of Mr. Barrie R. Cooper praying that the States formally request Her Majesty in Council to establish an independent Commission of Inquiry to re-examine the circumstances surrounding his claim and subsequent receipt of compensation from the States.

THE STATES referred the petition to the Policy and Resources Committee and lodged au Greffe'' a proposition of Deputy Dorey to the effect that the prayer of the petition be granted.

New Arrivals Hall at Jersey Airport - question and answer (Tape No. 424)

Deputy Philip John Rondel of St. John asked Deputy James Thomas Johns of St. Helier , President of the Harbours and Airport Committee, the following question -

The former main hall at Jersey Airport,

w hich honoured the name of the late Senator W ilfred Krichefski, O.B.E., has been

d emolished and replaced with a new

b uilding.

W ould the President advise members if

t he Harbours and Airport Committee intends t o honour afresh the name of one of the

I sland's foremost statesmen when the new A rrivals Hall is officially opened?''

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

A plaque, which acknowledges the central c ontribution of Senator Krichefski, O.B.E., t o the work extending the Airport in the

1 960's, has been removed during the current r edevelopment.

T he section in question is being

r efurbished not demolished and will be

c ompleted shortly. The plaque will be

d isplayed to remind travellers of that

e arlier phase in the life of Jersey Airport a nd of the late Senator's important part in i t.''

Arrangement of public business on 18th November

1997 - questions and answers (Tape No. 424)

Deputy Philip John Rondel of St. John asked Senator Pierre François Horsfall, President of the Policy and Resources Committee, the following questions -

1. A t the States meeting of 18th

N ovem ber 1997 the President asked m em ber s to re-arrange the order of bus i ne ss so that the continuation

of t he cons ideration of the

S tr at egi c Policy Review and Action P lan 199 7 could take place that

da y on t he grounds that he and the

V i ce - P resident had an important

m eet i n g in England the following

da y. Wou ld the President advise

m em ber s -

( a ) of the names and functions of the pe r sons that they met?

( b ) the purpose of the meeting?

( c ) whether the President and

V i ce - P resident were accompanied by the C hi ef Adviser to the States or

an ot he r officer representing the

S tat e s?'  '

The President of the Policy and Resources Committee replied as follows -

1. B efore I reply to the specific

que s t ions I should like to put the

recor d s traight and clarify what

took pl ace in the early part of

the S tat es meeting held on 18th

N ovem ber 1997. Having listened to the t ape of that sitting I can

co nf i rm that I told the House of

m y m i sunderstanding regarding two m at ter s, the first was that I had

not unde rstood the House's

pr evi ous decision to be that we

si t f or t wo days, and the second

w as t ha t I was surprised that the

se m i- c ompleted Strategic Policy

de bat e had dropped to the last

it em on the agenda. This caused me pr obl em s because both my Vice-

P res i dent and I had important

m eet i n gs scheduled for the

fol low ing day in London.

My w ords that followed were that I

s ough t clarification as to what we were goi ng to do that day and that I was in

t he hand s of the House. I did not speak

agai n.

A f t er a brief discussion the Connétable of S t. Lawrence proposed that the House s houl d continue with the Strategic

P ol icy debate after the completion of

t hr ee short but urgent items. This

pr op osition was seconded by Deputy

J ohns and put to the vote by the

B ai liff. An overwhelming majority of

m em bers voted to continue with the

S t rat egic Policy Debate.

T ur ning now to the Deputy 's specific ques tions -

( a ) together with Senator Walker I

m et i nd ividually four Members of P ar l iam ent in Westminster on

W ednes day, 19th November all of w hom are members of the Treasury S el ec t C ommittee.

( b ) Because of difficulties in finding

a m ut ual ly convenient day the date

of s om e of the meetings had

al r e ady b een changed and I was

ve r y r el uctant to cancel them all

at w hat would have been two days'

not i c e. T he meetings formed part

of a pr ogramme of briefings that

L or d Wi lliams of Mostyn Q.C., the

M i ni s t er of the Home Office with

res pon sibility for the Islands,

en cour aged us to undertake when he vi s it ed the Island in July. The

br i e fi ngs are designed to ensure

that t ho se M.P.'s that have a

pa r t icu lar interest in financial

af f a ir s , such as the members of

the T reas ury Select Committee, are

aw ar e of the quality of the

regul at ion we exercise over the

fi na nce i ndustry, and the

legi sl a tion that is in place or is

in pr o s pect to deal with those

en gaged in organised crime who may se ek t o us e the Island. In

ad di tion, we wish to ensure that

the co nt ribution the Island makes

to t h e U nited Kingdom's balance of

pa ym e nts and the flow of funds

int o t he European capital markets

an d t ho se of the City of London in

pa r t icu lar, is fully understood;

( c ) the Vice-President and I are

us ual ly a ccompanied by the Chief A dvi ser and the Director of the

F inanc ial Services Department. On 19t h N ovember only the Director of the F inanc ial Services Department ac com panied us as the Chief

A dvi ser had to attend a meeting of the J e r sey Transport Authority in the I s la nd.''

Lodging houses registration fees - questions withdrawn

THE STATES noted that Deputy Jeremy Laurence Dorey of St. Helier had withdrawn his questions to the President of the Housing Committee regarding lodging houses registration fees.

Town drainage scheme - statement

The President of the Public Services Committee made a statement in the following terms -

Introduction

I made a statement to the States on 8th

A pril 1997, regarding the status of the St.

H elier Surface Water Link and Storage Tank P roject. The Public Services Committee has b een reporting on this project to the

F inance and Economics Committee at regular i ntervals, and it was agreed that my

C ommittee would report to the States on the f inal cost of the project, at the

a ppropriate time. As it has not been

p ossible to finalise the costs in the

c urrent year, it is necessary to report to

t he States on the current status of the

p roject.

B ackground

I would like to remind members of the

p urposes of the project, which are descried b riefly, as follows -

( a) The sewer system which serves St.

H e l ier suffers from serious

over loading. The original system was

cons tructed in the nineteenth century,

as a combined system to carry both foul s ew age and surface water, and to

di schar ge to sea. When the Sewage

T r ea tment Works (STW) and the main i nt er cepting sewers were constructed in t he 1950' s, this new system was

des igned on the basis that all flows in

t he f oul sewers in excess of that which coul d be treated at the STW would

over flow at the Weighbridge, and

di schar ge to the sea through the

s ur f ace water outfall. Increased deve lopment of the St. Helier area, and t he ext ension of the foul sewers to the eas t and to the north east of the

I sl and , have resulted in far greater

f low s of foul sewage and surface water t hr ough these sewers, causing the

s ys tem to overflow more regularly. It has been recorded that overflow of foul s ew age to sea from the Weighbridge

t akes place as often as 120 times a year , depending on rainfall. The

s ur f ace water outfall, which presently car r ies this overflowed foul sewage,

pr e viously discharged into the area

w h er e the new Marina is being built, but has recently been extended to

di schar ge outside the Marina. The

di schar ge of foul sewage from this

out fall, albeit only at times of heavy

r ai nf all, is a main source of

cont amination of the sea in St. Aubin's B ay, an d would have caused serious pol lution of the area of the new

Mar ina.

T he s torage tank, or cavern, part of

t he pr oject is considered necessary to pr e vent this overflow of foul sewage to s ea on a regular basis. The overflowed s ew age will be stored in the tank,

unt il conditions in the sewer system

al l ow it to be returned to the sewers

f or t reatment at the STW.

( b) Serious flooding has been experienced i n S t. Helier, during high intensity

r ai ns torms, by foul sewage overflowing f rom the overloaded sewers.

A t s uch times, it is necessary to

r el i eve the overloaded sewers, in the vi ci nity of Bath Street and Peter

S t reet , by providing an overflow to t ake t he surplus flow to the storage t ank.

( c) In order to reduce the amounts of

s ur f ace water entering the foul sewers, i t w as necessary to provide a large

di am eter tunnel for surface water, to

pi ck up f lows from the Town brooks in t he G as Works area, and to allow for

f ur t her separation of flows in the

ar eas of St. Helier around and to the

nor th of the Gas Works, where this is

pr a ctical. The surface water collected

by t his sewer will be discharged into

t he exi sting surface water outfall at

t he We ighbridge. This large diameter

s ew er also provides the conduit for the

pi p es which will carry the overflowed

f oul sewage from the Weighbridge and f rom the centre of town, to the storage t ank. T his type of solution to these

pr ob lems is being used in many towns and c ities, where it is recognised that

i t i s impractical, due to the

di sr uption involved, and uneconomic to r ep lace the existing inadequate sewers. T he a ccepted solution is, therefore, to pr ov ide as much separation of flows as can practicably be achieved, and to

pr ov ide storage for peak flows.

C urrent status of project

( a) Civil engineering contract

T he c ivil engineering construction was car r ied out by Balfour Beatty Civil

E ngi neering Limited, and started on

25t h April 1994, with completion

pr og rammed for the 18th November 1995. C ons truction of the cavern was

com pleted in February 1997, and

cons truction of the tunnels and shafts

w a s completed, Snow Hill car park was

r ei ns tated, and Balfour Beatty vacated

t he s ite on 15th August 1997.

T her e are various reasons for the

del ays to the completion of

cons truction. Some were due to

addi tional works which were found to be nece ssary. On projects of this nature

and c omplexity, it is difficult to

f or es ee every aspect of construction

w h i ch will be required. Typical

exam ples were additional quantities of

r oc k-bolts, and of shotcrete (sprayed conc rete), due to geological features.

T he c ontract contains provisions for

s uch variations.

T her e were some unforeseen conditions, s uch as ground conditions, or uncharted s er vi ces and obstructions, which affect

t he cons truction of the shafts.

T he c ontractor was granted an extension of t ime on the contract up to 25th

A p r il 1996, as a result of additional

w o r ks instructed and delays due to

unf oreseen conditions.

S om e of the delays were due to

br e akdowns of plant and equipment.

A l t hough breakdowns of equipment are com mon in underground projects, due to t he har sh environment they are

oper ating in, the scale of the

br e akdowns on this project was much hi g her that would have been expected.

( b) Construction of the overflow shaft, to

al l ev iate the risk of flooding in the

vi ci nity of Bath Street and Peter

S t reet , has still to be completed. This

w o r k had to be withdrawn from the

cont ract, when negotiations to

cons truct the shaft in the vicinity of

Wes ts Centre failed. It is now proposed t o c onstruct this shaft, at a different

l oc at ion, starting early in 1998. The

cos t of this work will be met from the

C om mittee's Sewer Reconstruction vote, by de ferring some of the other

r econstruction works planned in St.

H e l ier.

( c) Mechanical and electrical contract

T he m echanical and electrical

cont ractor, Stavely Industries Plc, WHS D i vi sion, was appointed on 26th

F ebr uary 1997. Design and procurement of e quipment and fittings has continued f rom that time and work on site started on 17t h August 1997, on the

i ns t allation of the equipment in the cave rn. Installation and commissioning of the equipment is programmed to be com pleted in mid March 1998.

( d) The surface water tunnel, from the Gas

Wor ks to the Weighbridge, can now be

com missioned, and the flow from the Gas Wor ks brook is to be connected in

J anu ary 1998. Once the cavern has been

com missioned, in March 1998, it will be abl e t o store the overflow of foul

s ew age from the Weighbridge.

F inance

T he funds voted for the project

w ere £10,300,000, to include the civil

e ngineering and mechanical and electrical

c ontracts, site supervision costs, loss of

c ar parking revenue, and reinstatement

w orks. Inflation on this amount took the

t otal funds to £12,953,100. An additional

a mount of £2,074,400 was granted at the

O ctober 1996 Supply Day, towards costs of a greed contractual claims and legal and

t echnical advisers. Funds of £1,060,800

w ere granted by the Finance and Economics C ommittee in February 1997, to allow the

a ward of the mechanical and electrical

c ontract. This gave total funds of

£ 16,088,300.

T he tender sum for the civil

e ngineering contract is £8,795,374, and the a pproximate division of the costs between

t he two main parts of this contract is as

f ollows - Surface Water Tunnel and Shafts -

£ 6.0 million, and Storage Tank, or cavern -

£ 2.8 million. This illustrates that the

m ajority of the cost is in the tunnel and

t he shafts, and not the cavern.

T here have been increases in the quantities

o f measured works, unforeseen additional c ategories of work, and additional works

i nstructed by variation orders. Examples of t he types of additional works are -

a dditional quantities of rock reinforcement w hich had to be placed in areas of

u nforeseen geological features, additional q uantities of shotcrete or concrete in

a reas of over-excavation due to geological c onditions, and additional ground treatment d ue to areas of high water ingress in

s hafts, etc.

C ontractual claims have been submitted,

f or unforeseen conditions which have led to d elays in progress. Most of these claims

a re related to ground conditions and the

a ssociated problems with plant and

e quipment. Over 80 per cent of the claims s ubmitted are for matters concerned with

t he construction of the tunnel and shafts.

E ven though a very extensive site

i nvestigation was carried out before

c onstruction started, and all of this

i nformation was given to the contractors,

i t is impossible to predict absolutely

e verything which is likely to be

e ncountered underground. The contract

r equires the contractor to take a certain

a mount of the risk involved, but also

r equires the employer to accept part of

t his risk. It does not necessarily follow

t hat all claims for unforeseeable

c onditions will be agreed. Such claims have t o be assessed, on the basis of all

c ircumstances and information available,

a nd their validity determined through a

p rocedure laid down in the contract.

O n this project, 39 claims for delays

a nd additional costs have been submitted by t he contractor, and, to date, only 11 of

t hese (nine of which are on the tunnel and

t he shafts) have been accepted in

p rinciple. Final evaluation of these claims h as still to be completed, but their value i s presently estimated at £3,257,292 for

d elay and disruption, additional costs, and p rolongation costs. Discussions have been c ontinuing with the contractor on the

c laims. If agreement cannot be reached,

t hen the contract provides for arbitration, b ut this is a lengthy and costly method of r esolution, and should only be considered a s a last resort.

T herefore, the total sum which has been

p aid to the contractor, for all work to

d ate, and including the amount of

£ 3,257,292 for agreed claims and

p rolongation costs, is £14,378,132. A sum

o f £131,930 is retained, under the

c onditions of contract, until 12 months

a fter substantial completion. After payment

o f this sum, the total paid to the

c ontractor will be just over £14.5 million. H owever, liquidated damages remain to be d educted from the contractor, for delays

f or which the contractor is responsible.

T he final value of these damages cannot be a scertained until the situation regarding

t he claims has been resolved, but, on the

b asis of the present agreed claims, would

b e £0.5 million.

T he delays on the civil engineering

c ontract have caused additional costs for

s ite staff supervising the works, and for

l oss of car parking revenue. These costs

w ere budgeted at £840,000 on the original l ength of the contract, but are estimated

t o be £1,745,000 by the end of 1997 (a

s mall number of staff has had to be

r etained beyond the end of construction, to d eal with the claims). The liquidated

d amages are incorporated in the contract, t o meet these extra costs where the

c ontractor is responsible for the delays.

H owever, in this case, they will not meet a ll of the additional cost, as there was an

e xtension of the contract to April 1996,

f or which the contractor was not

r esponsible.

D ealing with the complex technical, legal a nd contractual issues relating to the

w orks, especially claims, has required the e xpenditure of fees for technical, legal

a nd contractual advisers, in order to

s afeguard the employer's liability under

t he contract. These costs are estimated to b e of the order of £1,190,200 by the end of 1 997.

F unds for the mechanical and electrical w orks were originally estimated at

£ 600,000. Increases in specifications for s afety issues, inflation, additional design c osts, and delays in acceptance of the

t ender for this work, due to delays in

c ompletion of the civil engineering

c ontract, have increased the cost of this p art of the project to £1,170,787. It is

e stimated that the expenditure on this

c ontract at the end of 1997 will be

£ 1,034,000.

T his brings the total estimated

e xpenditure, at the end of 1997, to

£ 18,480,000, which is £2,391,700 more than t he funds already voted.

S ir, as I have said earlier, these matters

h ave been reported to the Finance and

E conomics Committee. It has not been

p ossible to finalise the costs on this

p roject in the current year, due to delays

i n overall completion and to the inability

t o reach agreement with the civil

e ngineering contractor. Therefore, the

F inance and Economics Committee has agreed t hat, as an interim measure, the additional

f unds required to the end of 1997 will be

m ade available from the General Reserve, in

o rder to avoid the Capital Vote being

o verspent at the end of the year. The

d iscussion of the claims in public could

p rejudice ongoing negotiations, but, on

c onclusion of the project, the Public

S ervices Committee will report to the

S tates on all aspects of the project, and

t he project will be the subject of an Audit

C ommission report.''

European Union Tax Code of Conduct - statement

The President of the Policy and Resources Committee made a statement in the following terms -

On Monday, 1st December the European

C ouncil of Economic and Finance Ministers a greed a package of proposals to tackle

h armful tax competition in the European

U nion. As part of the package ministers

a greed a Code of Conduct for business

t axation the provisions of which will apply w ithin the European Union.

T he Code has been described as a political d ocument without legal force to be

i mplemented within the European Union

t hrough peer review pressure. The Code

i ncludes a clause which states that the

C ouncil wish to see the principles of the

C ode aimed at eliminating harmful tax

c ompetition promoted beyond the Community. I n this context reference is made in the

C ode to the application of the principles

i n Member States' dependent or associated

t erritories.

I am pleased to inform the House that in

m aking reference to Member States dependent

o r associated territories the Code fully

r ecognises that any application of the

p rinciples embodied in the Code in those

t erritories will be within the existing

c onstitutional relationships.

T he Code therefore does not affect the

c onstitutional relationship between the

I sland and Her Majesty's Government which i ncludes the acceptance over many centuries

o f the Island's right to self determination

o n matters of taxation. This position was

c onfirmed at the latest of the regular six

m onthly meetings between Island

r epresentatives and officials of Her

M ajesty's Government to consider

i nternational matters affecting the Islands

w hich was held at the Home Office on Friday

o f last week.

T he purpose in making this statement is to k eep members fully informed but also to a ssure the House that the Island's

c onstitutional position and its

r esponsibilities on matters of taxation are u naffected by the Code. Should there be

f urther developments I will keep members f ully informed. I would also confirm that w e will continue to work closely with

G uernsey and the Isle of Man on this

m atter.''

Manual Workers' Joint Council Employers' Side Membership

THE STATES, adopting a proposition of the Establishment Committee, and in accordance with their Act dated 9th November 1961, concerning the membership of the Manual Workers' Joint Council, approved the nomination of the six representatives of the States to serve as

members of the Employers' Side of the Council, as follows -

M r. Jack Roche, Connétable of St. Saviour D eputy Shirley Margaret Baudains of St H elier

D eputy David Leon Crespel of Trinity

D eputy Maurice François Dubras of St.

L awrence

M r. Graham Edward Jennings, Chief

E xecutive, Health and Social Services

D epartment

D r. Clive Jerry Swinnerton, Chief Executive O fficer, Public Services Department.

Data Protection Registrar: appointment

THE STATES, adopting a proposition of the Establishment Committee -

( a) in accordance with Part I of the Second S ched ule to the Data Protection

( Je r sey) Law 1987, approved the

appoi ntment, on a part-time basis, of

Mr . H oward Michael Smith as Data

P r ot ection Registrar for a period of

t hr ee years with effect from 1st

J anu ary 1998 at a proportionate fee

equi valent to Grade 12 of the Civil

S er vice salary scales;

( b) authorised the Establishment Committee t o r eview and, if necessary, to adjust

t he t  erms and conditions relating to

t he R egistrar's contract.

The Coach House and Sunnyside, Le Mont Millais, St. Helier : acquisition of rockface

THE STATES, adopting a proposition of the Planning and Environment Committee -

( a) approved the acquisition by the public of -

( i) the quarry rockface measuring

ap pr oxi mately 30 square metres in

ar ea, f or ming part of the property

kno w n as The Coach House, Le Mont M i ll ai s, St. Helier (as shown on

dr aw ing No. 589/1); and

( ii ) t  he right to insert mechanical

st abi l is ation bolts that will pass

thr ou gh t he rockface and beneath the pr oper ty in order to secure

the s t abi lity of the rockface,

at a f air and proper price to be agreed

by t he Finance and Economics Committee, and t o pay the owner's reasonable legal expe nses;

( b) approved the acquisition by the public of -

( i) the quarry rockface measuring ap pr oxi mately 100 square metres in ar ea, f or ming part of the property kno w n as Sunnyside, Le Mont

M i ll ai s , St. Helier (as shown on

dr aw ing No. 589/1); and

( ii ) t  he right to insert mechanical

st abi l is ation bolts that will pass

thr ou gh t he rockface and beneath the pr oper ty in order to secure

the s t abi lity of the rockface,

at a f air and proper price to be agreed

by t he Finance and Economics Committee and t o pay the owner's reasonable legal expe nses;

( c) in the event of it not being possible

t o a gree a fair and proper price with

t he ow ners of either or both of the

s ai d pr operties, authorised the

P l a nning and Environment Committee, in exer cise of the powers conferred by

A r t icle 4 of the Island Planning

( Jersey) Law 1964, as amended, to

acqu ire the land and rights by

com pulsory purchase on behalf of the

publ ic in accordance with the

pr ov isions of the Compulsory Purchase

of L and (Procedure) (Jersey) Law 1961,

as a mended;

( d) authorised the payment or discharge of t he expe nses to be incurred in

conne xion with the said acquisitions

f rom the Planning and Environment

C om mittee's vote of credit Acquisition of Land - Major Reserve' (Vote

N o . C 0904);

( e) authorised the Attorney General and the G r ef fier of the States to pass, on

beha lf of the public, any contract

w h i ch it might be found necessary to

pas s in connexion with the acquisition

of t he said land and any interests

t he r ein.

Anne Port Rock Face, St. Martin : remedial work - P.153/97

THE STATES, adopting a proposition of Deputy Frederick John Hill of St. Martin -

( a) assumed responsibility for the

m ai ntenance of the rock face between J ef f rey's Leap and the car park

adj ace nt to Jeffrey's Leap Café, Anne P or t, St. Martin ;

( b) authorised the Public Services

C om mittee to carry out stabilisation of t he r ock face using the process known as soil nailing'' at an estimated

cos t of £1.38 million;

( c) authorised the Public Services

C om mittee to negotiate with the owners of t he said land for the cession of the

s ai d l and free of charge to the public,

w i t h the public being responsible for

al l r easonable legal costs arising from

t he t  ransactions;

( d) agreed that the provision of the

nece ssary capital funds to the Public

S er vices Committee should be considered as a special case when determining the

S t a tes' Capital Programme for 1998/1999 i n v iew of the requirement for public

s af et y and environmental reasons to

pr ot ect the headland.

Members present voted as follows -

P our '' (48) Senators

S henton, Horsfall, Rothwell, Le Maistre, S tein, Quérée, Bailhache , Syvret, Tomes, W alker, Kinnard.

Connétable s

S t. Clement, St. Lawrence , St. Mary , St. B relade, St. Peter , St. Helier , St. Martin , S t. John, Trinity .

Deputies

W avell(S), H. Baudains(C), Le Sueur (H),

C outanche(L), St. Mary , S. Baudains(H), Le G eyt(S), Trinity , Pullin(S), Johns(H), Duhamel(S), Routier(H), Layzell(B),

B reckon(S), Grouville , Huet(H), St. Martin , S t. John, Le Main(H), Blampied(H),

R abet(H), Crowcroft (H), Vibert (B), de la

H aye(B), Le Cornu(C), St. Peter , Dubras(L), S t. Ouen.

C ont re'' (2) Senator

N orman. Deputy

D orey(H).

Financial Services Commission (Jersey) Law 199 - P.163/97 and P.189/97 (Revised)

THE STATES commenced consideration of the draft Financial Services Commission (Jersey) Law 199 and adopted the Preamble and Articles 1 to 8 inclusive.

Article 9 was adopted.

Members present voted as follows -

P our '' (28) Senators

H orsfall, Le Maistre, Bailhache , Tomes, N orman, Walker .

Connétable s

S t. Clement, St. Mary , St. Brelade , St. M artin, St. Ouen , St. John , Trinity .

Deputies

H . Baudains(C), Coutanche(L), St. Mary , Le G eyt(S), Trinity , Pullin(S), Dorey(H),

L ayzell(B), Grouville , St. Martin ,

V ibert(B), de la Haye(B), Le Cornu(C),

D ubras(L), St. Ouen .

C ont re'' (18) Senators

S henton, Rothwell, Stein, Syvret, Kinnard. Connétable s

S t. Peter, St. Helier .

Deputies

W avell(S), Le Sueur (H), S. Baudains(H),

J ohns(H), Breckon(S), Huet(H), St. John , Le M ain(H), Blampied(H), Crowcroft (H),

S . Pierre.

The President of the Finance and Economics Committee, during the consideration of Article

9, gave an assurance that a draft amendment to

the Law would be brought to the States early in 1998 proposing that Article 3 should be amended to require the Commissioners to be appointed by the States from persons nominated by the Finance and Economics Committee, the appointments to be debated in camera.

Articles 10 to 24 were adopted.

The First Schedule was adopted, the States having accepted an amendment of the Finance and Economics Committee that in Part I (Oath of Office), there should be deleted the words from

and that you will not disclose'' to the end of

the Oath.

The Second and Third Schedules were adopted.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Financial Services Commission (Jersey) Law 199 .

Jersey Consumer Council: legal charges and practices - P.165/97

THE STATES, adopting a proposition of Senator Richard Joseph Shenton, agreed to request the Jersey Consumer Council to examine charges and practices of the legal profession and to make available sufficient funds to a maximum of £10,000 to provide the appropriate assistance to the Council.

Terms of Employment (Amendment No. 2) (Jersey) Regulations 1997 - P.172/97

THE STATES, by virtue and in exercise of the powers conferred on them by the Order in Council of the fourteenth day of April 1884, made Regulations entitled the Terms of Employment (Amendment No. 2) (Jersey) Regulations 1997.

Royal Court (Possession Orders) (Jersey) Law 199 - P.175/97

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Royal Court (Possession Orders) (Jersey) Law 199 .

Part of Field 776, Old Brickfield Lane, St. Saviour : development in green zone - P.188/97

THE STATES, adopting a proposition of the Planning and Environment Committee supported that Committee's intention to grant planning permission for the construction of a dwelling on part of Field 776, Old Brickfield Lane, St. Saviour , shown on drawings LB, 856/97/AO1 and 856/97/AO2, the land being situated within an area designated as Green Zone on the Island Map, as amended 1-87, and shown on the attached plan No. 588/1.

Jersey Law Commission: appointment of additional members - P.148/97

THE STATES, adopting a proposition of the Legislation Committee, referred to their Act, dated 30th July 1996, in which they approved the establishment of a Jersey Law Commission and appointed members, and appointed the following additional members -

A dvocate William James Bailhache M r. David Oswald Moon, Solicitor.

Churchill Award for Courage - Atlantic Rowing Race

The Bailiff , on behalf of the States, congratulated Ian Blandin, Rob Cassin and John Searson for their outstanding perseverance, skill and courage in successfully completing the 3,000 mile crossing in the Atlantic Challenge Rowing Race.

The Bailiff informed the Assembly that the Bailiff 's Consultative Panel had unanimously agreed that these outstanding achievements should be marked by the award of the Churchill Award for Courage.

Compliments of the season

Senator Richard Joseph Shenton, on behalf of the Senators, Connétable Leonard René Hamel, on behalf of the Connétable s, and Deputy Michael Adam Wavell of St. Saviour , on behalf of the Deputies, wished the Bailiff and Lady Bailhache , the Law Officers and the Officers of the States, the compliments of the season.

The Bailiff , in return, wished the members of the States and their families a Merry Christmas and a Peaceful New Year.

THE STATES rose at 5.08 p.m.

G .H .C . C O P P O C K G r ef fi e r of the States.