States Minutes 9th September 1997

STATES MINUTES 9 th S e p tember 1997   P r ic e c o d e : C

T HE STATES assembled on Tuesday,  9th September 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 -

L eonard René Hamel, Connétable of St. C lement - out of the Island.

_ _ _ _ _ _ ______

P r a y e rs

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Diana, Princess of Wales - messages on her death

The Bailiff informed the Assembly that His Excellency the Lieutenant Governor of Jersey had sent the following messages to Buckingham Palace on the death of Diana, Princess of

Wales -

HER MAJESTY THE QUEEN:

T he Lieutenant Governor, Bailiff , States

a nd People of Jersey send their deepest

s ympathy to Her Majesty on the tragic death

o f Diana, Princess of Wales. Islanders have b een shocked and distressed by the grievous n ews and wish to convey to her their

h eartfelt sorrow and sadness. They hope and p ray that Her Majesty will derive comfort

f rom the knowledge that her subjects in the B ailiwick of Jersey share in her family's

g rief at this difficult time.''

HIS ROYAL HIGHNESS THE PRINCE OF WALES:

T he Lieutenant Governor, Bailiff , States

a nd People of Jersey send their deepest

s ympathy to His Royal Highness on the

t ragic death of Diana, Princess of Wales.

I slanders have been shocked and distressed

b y the grievous news and wish to convey to h im their heartfelt sorrow and sadness.

T hey hope and pray that His Royal Highness, P rince William and Prince Harry will derive s trength and comfort from the knowledge

t hat the people of the Bailiwick of Jersey

s hare in their grief at this difficult

t ime.''

The Bailiff also informed the Assembly that the following reply had been received from the Assistant Private Secretary to His Royal Highness The Prince of Wales -

  The Prince of Wales has asked me to thank  y ou for your message and to say how touched  h e was that you should have taken the

 t rouble to write as you did.

H is Royal Highness greatly appreciates your k ind and sympathetic thoughts, and has

a ksed me to pass on to you his heartfelt

b est wishes: he hopes that you will

u nderstand why he is unable to write

h imself at this time.''

Diana, Princess of Wales: Memorial service

The Bailiff expressed his gratitude to the Dean

of Jersey, the Very Reverend J.N. Seaford, for

the moving and very appropriate memorial service for Diana, Princess of Wales which he conducted at Howard Davis Park last Saturday. Also to the many officials who gave willingly of their time

to make it possible, in particular to his

secretary, Mr. Martin Hewlett, and to his

private secretary, Mrs. Melanie Cavey.

Diana, Princess of Wales: attendance at the funeral

The Lieutenant Governor, General Sir Michael Wilkes, informed the Assembly that he and Lady Wilkes had attended the funeral service for

Diana, Princess of Wales in Westminster Abbey as representatives of the Island. He had had the opportunity of reaffirming the condolences of

the people of Jersey with representatives of

both families, who were grateful for the

thoughts and prayers of the Islanders.

The Hon. Sue Wilding, M.L.C. of Victoria, Australia - welcome

The Bailiff welcomed to the Island the Hon. Sue Wilding, M.L.C. of the Victorian Parliament, Melbourne, Australia.

Subordinate legislation tabled

The following enactments were laid before the States, namely -

 1 . Health Insurance (Pharmaceutical

B e n efit) (General Provisions)

( A m endment No. 8) (Jersey) Order 1997. R & O 9102.

 2 .  Telecommunications (Telegrams)

( R e vocation) (Jersey) Order 1997.

R & 0 9103.

 3 .  Places of Refreshment

( R e gistration) (Fees) (Jersey) Order 1 9 9 7. R & O 9104.

 4 .  Tourism (General Provisions)

( A m endment No. 5) (Jersey) Order 1997. R & O 9105.

 5 .  Royal Court (Amendment No. 12)   R u l es 1997. R & O 9106.

 6 .  Road Racing (Motor Vehicle R a l ly) (Jersey) Order 1997.

R & O 9107.

 7 .  Road and Sand Racing (No. 2) ( J er sey) Order 1997.

R & O 9108.

 8 .  Battle of Britain Air Display

( J er sey) Order 1997. R & O 9109.

 9 .  Road Traffic (Saint

B r e lade) (Amendment No. 7) (Jersey) O  rd er 1997. R & O 9110.

Matters presented

The following matters were presented to the States -

 1 .  Housing: States rental waiting

l is t as at 20th June 1997 - R.C.33/97.

P r e sented by the Housing

C o m mittee.

T H  E STATES ordered that the said report b e p rinted and distributed.

 2 .  Immigration and Nationality D  ep artment: report for 1996. P r e sented by the Defence

C o m mittee.

The following matter was presented to the States on 5th August 1997 -

C ensus Report for 1996.

P resented by the Etat Civil C ommittee.

The following matter was presented to the States on 19th August 1997 -

M illennium project: interim report -

R .C. 32/97.

P resented by the Policy and

R esources Committee.

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

Matters noted - land transactions

THE STATES noted Acts of the Finance and Economics Committee, dated 11th and 22nd August 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 Sport, Leisure a n d Recreation Committee, the lease to S t . Saviour's Bowls Club of the

p r o perty known as the Clubhouse and p l ay ing greens forming part of the

G  ra inville Sports Grounds, St. Saviour , f o r a period of nine years from 1st

J a n uary 1997, at an annual rent of

£4 , 368 in 1997, £5,534 in 1998 and

£6 , 700 in 1999, to be subject

t h er eafter to annual increases in line

w  it h changes in the Jersey Retail

P r ic es Index, the rent to be payable

o n 30th June each year, with the

l e ss ee to be responsible for the

m  ai ntenance of the internal and

e x te rnal fabric of the clubhouse on the b a s is that the lessor would be

r e sp onsible for all major repairs, and w  it h each party being responsible for i ts o wn legal costs in relation to the

p r e paration of the lease;

 ( b) as recommended by the Education

C o m mittee, the entering into of a

f u rt her 12-month Supplemental Licence

w  it h the Honourable Elizabeth Campbell P a r ish, née Boot, John Angus Harcourt

G  o ld, Charmain Joy Holcroft, née Gold,

J e re my Nicolas Norman, Sarah Jessica

R i c kett, née Norman, Tessa Roselle

P o p e, née Norman, Simon John Davie and A  n n Claire D'Abo, to extend the use of

F i e lds Nos. 877 to 880 (known as

M  il lbrook Playing Fields), St.

L a w rence, for the period 24th December

1 9 9 6 to 23rd December 1997, in return

f o r a sum of £3,000 payable in advance;

 ( c) as recommended by the Planning

a n d Environment Committee, the lease to S t . Brelade Social Club of Field No. 89

a n d part of Field No. 90, St. Brelade

( to g ether measuring 7.4 vergées) for

t h e development of a football pitch,

c l ub house and car parking (subject to

t h e grant of development permission),

f o r a period of 25 years from the date

o f t he signing of the lease, at an

a n n ual rent of £1,500, subject to

r e v iew every three years, with each

p a r ty being responsible for the payment

o f i ts own legal fees involved in the

t ra n saction;

 ( d) as recommended by the Health and

S o c ial Services Committee, the

r e la xation of the existing restrictive

c o v enant over Ponderosa, Westmount R o a d, St. Helier , (which property was a d ja cent to a private road belonging to t h e public which formed part of the

W  il liam Knott Day Centre at the

O  v erdale Hospital site), which limited t h e height of the house to be

c o n structed at the property Ponderosa t o 2 1 feet, so as to allow the altered

s h a pe of the roof of that property (as g r a nted permission by the Planning and E n v ironment Committee) to exceed that h e ig ht by four feet, subject to the

o w  ners being responsible for both

p a r ties' legal costs arising from the

t ra n saction;

 ( e) as recommended by the Public

S e r vices Committee, the entering into

o f a Deed of Arrangement with Fief

H  o use Holdings Limited in respect of

t h e site of the former Royal Bay Hotel,

G  o rey, Grouville , in order to clarify

t h e boundary between the site and Field N  o . 146, Grouville , and also to grant

s e rv itudes and rights (including the

e s ta blishment of four windows and six

v e n ts in the relative gable of the

p r o posed new buildings towards adjacent p u b lic land), for a consideration of

£2 , 000, with the owner of the site

b e in g responsible for all legal fees

a r is ing from the transaction. (The

C o m mittee rescinded Act No. 7(e) of 9th D ec ember 1996 of the Committee as

p r e viously constituted);

 ( f) as recommended by the Prison Board, the g r a nt of a wayleave to the Jersey

E l e ctricity Company Limited in respect

o f a n electricity cable to the east and

s o u th of H.M. Prison La Moye, across

l a nd known as La Grande Lande, Field

N  o . 559, St. Brelade , for the benefit

o f t he property known as H.M. Old

S i g nal Point, La Moye, St. Brelade,

t h e wayleave being in perpetuity for a

n o m inal sum of £500 with normal access r ig h ts, on the basis that the Jersey

E l e ctricity Company Limited would be

r e sp onsible for the public's reasonable

l e ga l costs arising from the

t ra n saction;

 ( g) as recommended by the Agriculture

a n d Fisheries Committee, the purchase

f ro m Mrs. Laura Maud Le Ruez, née

B a i lhache, of an area of land

( m e asuring 12 perch 18 feet) within

F i e ld No. 121, Crabbé, St. Mary, for a

c o n sideration of £1,600, on the basis

t h at the Committee would be responsible f o r the vendor's reasonable legal costs

a r is ing from the transaction.

Matter noted - acceptance of tender

THE STATES noted an Act of the Finance and Economics Committee, dated 28th July 1997, showing that, in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that the Education Committee had accepted the lowest of five tenders, namely that submitted by M.J. Gleeson (Jersey) Limited in the sum of £222,390.00 in a contract period of 11 weeks for the enabling contract in respect of Phase 1 of

the Jersey College for Girls development, Mont Millais, St. Helier .

Matters lodged

The following matters were lodged au Greffe'' -

 1 .  South Pier, St. Helier : lease of

p r e mises to Jersey Yacht and Boatyard C o m pany Limited - P.118/97.

P r e sented by the Harbours and

A  ir port Committee.

2 . Channel Islands lottery: future u s e of profits - P.119/97.

P r e sented by the Gambling

C o n trol Committee.

 3 .  Draft Double Taxation Relief

( A r rangement with the United Kingdom) ( J er sey) Act 199  - P.120/97.

P r e sented by the Finance and

E c o nomics Committee.

 4 .  Draft Fire Service (Amendment

N  o . 3) (Jersey) Law 199  - P.121/97. P r e sented by the Defence

C o m mittee.

 5 .  Draft Fire Precautions

( D e signated Premises) (Amendment) ( J er sey) Regulations 199 - P.122/97. P r esented by the Defence

C o m mittee.

 6 .  Draft Licensing (Licence Fees)

( J er sey) Regulations 199  - P.123/97. P r e sented by the Tourism

C o m mittee.

7 .  Defence contribution:

T e r ritorial Army Unit - P.124/97. P r e sented by Deputy T.J. Le Main

o f S t. Helier.

8 . 3 Gloucester Street, St. Helier : s a le - P.125/97.

P r e sented by the Health and

S o c ial Services Committee.

 9 .  Draft Medicines (Jersey) Law

1 9 9 5 (Appointed Day) Act 199  - P . 1 26/97.

P r e sented by the Health and

S o c ial Services Committee.

 1 0. Draft Health Insurance

( A m endment No. 9) (Jersey) Law 1996 ( A p pointed Day) Act 199 (P.73/97):

a m e ndment - P.127/97.

P r e sented by the Employment and

S o c ial Security Committee.

 1 1. Draft Arbitration (Jersey) Law

1 9 9 (P.113/97): amendments - P.128/97. P r e sented by the Finance and

E c o nomics Committee.

1 2. St. Helier Waterfront plan -

w  es t of Albert Pier: residential area 3  - P.130/97.

P r e sented by Senator R.J.

S h e nton.

1 3. Referendums - P.131/97.

P r e sented by Senator S. Syvret.

1 4. Total Recycling - P.132/97. P r e sented by Senator N.L.

Q  u érée.

The following subjects were lodged on 5th August 1997 -

 1 .  Draft Arbitration (Jersey) Law 1 9 9  - P.113/97.

P r e sented by the Finance and

    E c o nomics Committee.

 2 .  Broadway Restaurant, 24

E s p lanade/42 Commercial Street, St. H el ier: lease - P.114/97.

P r e sented by the Planning and

E n v ironment Committee.

The following subjects were lodged on 19th August 1997 -

 1 .  Draft Computer Misuse

( A m endment) (Jersey) Law 199 - P . 1 15/97.

P r e sented by the Establishment

C o m mittee.

 2 .  Draft Road Traffic (No. 46)

( J er sey) Regulations 199  - P.116/97. P r e sented by the Defence

C o m mittee.

 3 .  Draft Income Tax (Amendment

N  o . 18) (Jersey) Law 199  - P.117/97. P r e sented by the Finance and

E c o nomics Committee.

Arrangement of public business for the present meeting

The STATES noted that the draft Asbestos (Licensing) (Jersey) Regulations 199 - P.109/97 would be deleted from Public Business as consideration of the projet would be requested for 23rd September 1997.

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

J ersey Dental Scheme: further amendment - P .91/97.

L odged: 8th July 1997.

E mployment and Social

S ecurity Committee.

D raft Social Security (Amendment N o. 13) (Jersey) Law 199  - P.96/97. L odged: 8th July 1997.

E mployment and Social

S ecurity Committee.

D raft Social Security (No. 3)

( Jersey) Regulations 199  - P.97/97. L odged: 8th July 1997.

E mployment and Social

S ecurity Committee.

D raft Gambling (Licensing Provisions)

( Amendment No. 10) (Jersey) Regulations 1 99  - P.104/97.

L odged: 22nd July 1997.

G ambling Control Committee.

D raft Gambling (Betting) (Amendment N o. 10) (Jersey) Regulations 199  -

P .105/97.

L odged: 22nd July 1997.

G ambling Control Committee.

D raft Gambling (Gaming and Lotteries)

( Amendment No. 11) (Jersey) Regulations 1 99  - P.106/97.

L odged: 22nd July 1997.

G ambling Control Committee.

A irport: lease of land for extension t o hangar - P.111/97.

L odged: 22nd July 1997.

H arbours and Airport Committee

D raft Protection of Children

( Amendment) (Jersey) Law 199  - P.112/97. L odged: 29th July 1997.

L egislation Committee.

B roadway Restaurant, 24 Esplanade/42 C ommercial Street, St. Helier: lease - P .114/97.

L odged: 5th August 1997.

P lanning and Environment Committee.

D raft Computer Misuse (Amendment) ( Jersey) Law 199  - P.115/97.

L odged: 19th August 1997.

E stablishment Committee.

D raft Road Traffic (No. 46) (Jersey) R egulations 199  - P.116/97.

L odged: 19th August 1997.

D efence Committee.

Arrangement of public business for the next meeting on 23rd September 1997

THE STATES confirmed that the following matters lodged au Greffe'' would be considered on 23rd September 1997 -

D raft Amendment (No. 10) of Standing

O rders Relating to Certain Transactions in L and - P.107/97.

L odged: 22nd July 1997.

F inance and Economics Committee.

D raft Asbestos (Licensing) (Jersey)

R egulations 199  - P.109/97.

L odged: 22nd July 1997.

E mployment and Social Security C ommittee.

D raft Island Planning (Use Classes)

( Amendment No. 2) (Jersey) Regulations 1 99  - P.110/97.

L odged: 22nd July 1997.

P lanning and Environment Committee.

D raft Arbitration (Jersey) Law 199 - P .113/97.

L odged: 5th August 1997.

F inance and Economics Committee.

D raft Arbitration (Jersey) Law

1 99 (P.113/97): amendments - P.128/97. L odged: 9th September 1997.

F inance and Economics Committee.

D raft Income Tax (Amendment No. 18) ( Jersey) Law 199  - P.117/97.

L odged: 19th August 1997.

F inance and Economics Committee.

S outh Pier, St. Helier : lease of

p remises to Jersey Yacht and Boatyard C ompany Limited - P.118/97.

L odged: 9th September 1997.

H arbours and Airport Committee.

D raft Double Taxation Relief

( Arrangement with the United Kingdom) ( Jersey) Act 199 - P.120/97.

L odged: 9th September 1997.

F inance and Economics Committee.

D raft Fire Service (Amendment No. 3) ( Jersey) Law 199  - P.121/97.

L odged: 9th September 1997.

D efence Committee.

D raft Fire Precautions (Designated

P remises) (Amendment) (Jersey) Regulations 1 99  - P.122/97.

L odged: 9th September 1997.

D efence Committee.

D raft Licensing (Licence Fees)

( Jersey) Regulations 199  - P.123/97. L odged: 9th September 1997.

T ourism Committee.

3 Gloucester Street, St. Helier :

s ale -P.125/97.

L odged: 9th September 1997.

H ealth and Social Services Committee.

D raft Medicines (Jersey) Law 1995

( Appointed Day) Act 199  - P.126/97. L odged: 9th September 1997.

H ealth and Social Services Committee.

D raft Health Insurance (Amendment

N o. 9) (Jersey) Law 1996 (Appointed Day) A ct 199  - P.73/97.

L odged: 13th May 1997.

E mployment and Social

S ecurity Committee.

D raft Health Insurance (Amendment

N o. 9) (Jersey) Law 1996 (Appointed Day) A ct 199 (P.73/97): amendment - P.127/97. L odged: 9th September 1997.

E mployment and Social Security

C ommittee.

T otal Recycling - P.132/97. L odged: 9th September 1997. S enator N.L. Quérée.

Referendums - P.121/96. Withdrawn

THE STATES noted that in pursuance of Standing Order 17(6) the following matter, which was lodged au Greffe'' had been withdrawn -

R eferendums - P.121/96. L odged: 23rd July 1996. S enator S. Syvret.

Car park at Le Riches Stores Limited, Red Houses, St. Brelade: petition - P.127/97

Deputy Michael Edward Vibert of St. Brelade presented to the States a petition on behalf of residents in the neighbourhood of Red Houses regarding their objection to the planning permission given to Le Riches Stores Limited to demolish two bungalows and extend a single (ground) level car park on to the sites thereof.

THE STATES referred the petition to the Planning and Environment Committee and lodged ''au Greffe'' a proposition of Deputy Vibert to the effect that the prayer of the petition be

granted.

Noise abatement legislation - question and answer (Tape No. 403)

Deputy Frederick John Hill of St. Martin asked the Connétable of St. Saviour, President of the Health and Social Services Committee, the following question -

  On 21st January 1997 in response to

m y question, the President advised the

 S tates that he thought that the proposed

 l egislation to control noise abuse might be  p resented to the States in May or June this  y ear.

W ould the President inform the States -

 ( a) what are the reasons for the delay in p r e senting the legislation?

 ( b) what steps are being taken to bring the l e gi slation forward?

 ( c) when he now expects that the draft l e gi slation will be presented to the S t a tes for debate?''

The President of the Health and Social Services Committee replied as follows -

(a)  As I advised this House in January

o f th i s year, the third draft of a

S ta t u to ry Nuisances Law had been fo r w a r ded to the Law Officers'

D e p a rt ment to consider specific

le g a l p oints. Following

co r r e sp ondence on details of the

p ro p o s ed Law, a meeting was held b et w e e n the Law Officers, the Law D r a ftsman and the Chief

E n v ir o nmental Health Officer.

A  t that meeting a large number of

d r a fting issues and technical matters w  er e resolved. However, the Attorney G  en eral identified a number of points i n t he third draft which caused him

c o n cern.

T h e first related to abatement notices. I s h ould explain to Members that the s c h eme of the proposed Law is that, if m  y Committee is satisfied that a

s ta t utory nuisance exists or is likely

t o o ccur (or recur) it would be

r e q uired to serve an abatement notice.

T h e third draft of the Law would have

g o n e so far as to enable anyone

a g g rieved by the existence of a

s ta t utory nuisance to apply to the

C o u rt for an abatement order and would

h a v e empowered the Court then to impose a f i ne. This approach caused

d i ff iculties because it tended to

c o n fuse civil and criminal proceedings

a n d took no account of the differing

b u r dens of proof between the two. It

w  as therefore agreed that this

p a r ticular provision should be

r e d rafted.

T h e third draft also incorporated

w  it hin the definition of a statutory

n u i sance a number of matters relating t o f ood safety. This in turn created

d r a fting difficulties. Whilst I do not p r o pose to burden members with the t e ch nical detail of the difficulties, I

c a n tell the States that the result has b e e n to agree that we should have not

o n e , but two, new Laws -

( i) the first dealing with statutory n u is a n ces in the ordinary sense, an d

( ii ) the second dealing with those m a t te r s relating to food safety.

A  cc ordingly, two separate draft Laws

h a v e now been prepared. It was

d i ff icult at the beginning of this year

t o f oresee these particular technical

p r o blems but, nonetheless, the two new r e v ised draft Laws are now with the Law O  ff icers' Department for further

s c ru tiny.

A  s a result of the Attorney General

r a is ing a number of further points in

r e g ard to the interpretation and

a p p lication of the proposed Statutory

N  u isances Law, the Committee's

E n v ironmental Health officers were

u n c ertain whether the fourth draft of

t h e Law would achieve the purposes that w  er e initially intended and sought

g u i dance from my Committee.

I n s ummary, the reasons for the delay i n p resenting the legislation are as f o ll ows -

th e le g islation was complex and n ee d e d detailed scrutiny by Law O f fi c e rs;

a f o u rt h draft of the Law had to b e c o m pleted;

ad d i t io nal separate legislation on fo o d s afety had to be drafted; and

E n v ir o nmental Health officers

n ee d e d to seek guidance from my C o m m  ittee.

I w  ould not wish members of this House t o i nterpret my comments as being

c r it ical of the Law Draftsman's Office. T h e fourth draft of the Law and the

s e p arate legislation on food safety

w  er e prepared promptly.

 ( b) Before I had been notified of the

D  ep uty's questions, my Committee had a l re ady received a report from the

C h i ef Environmental Health Officer

i n fo rming it of the delay in finalising

t h e Law and the legal uncertainties

a r is ing. At my request, the Chief

E n v ironmental Health Officer had also w  ri tten to the Deputy of St. Martin on 2 5 t h June 1997, to advise him of

p r o gress and the reasons for the delay.

I n v iew of the issues I have outlined, m  y Committee decided at its last

m ee ting to -

re v i e w the purposes which the Law w a s o r iginally intended to fulfil;

d et e r m ine the extent to which the L a w a s currently drafted meets the in i ti a l intention of the States.

M  y Committee has directed that a report i s p repared for its meeting on 1st

O  ct ober 1997.

 ( c) Subject to the further advice of the

L a w Officers and assuming my Committee b e li eves the fourth draft of the Law

w  o uld meet the expectations of this

A  ss embly, it is my intention to lodge

t h e draft legislation as soon as

p o s sible after my next Committee m  ee ting.''

Airport development - questions and answers - (Tape No. 403)

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

1.  W ould the President inform the

S ta t e s of the cost of remedial

w o r k s required in the new arrivals h al l a t the Airport to accommodate a p r o p er baggage handling system?

 2 .  In the light of the recently announced d e la ys in the building work at the

A  ir port, would the President provide a f ir m completion date for the work in

a l l current contracts and would he

i n fo rm the States of the additional

c o s ts involved?

 3 .  As the baggage X-ray system in the

d e p artures hall is still not fully

o p e rational, would the President inform

t h e States when this system will be

c o m pleted to 100 per cent

s a ti sfaction?''

The President of the Harbours and Airport replied as follows -

1.  T he current estimated cost of the

re m  e d ial works involved is

£2 5 ,0 0 0.

 2 .  The refurbishment of the old 1937

b u i lding has been fraught with

u n e xpected problems which range from

u n c overing enormous amounts of

a s b estos, inaccurate as built' record

d e ta ils, inadequate fire protection to

e x is ting floors and, lastly, the

c o n struction of beams and columns which h a v e had to be rebuilt or strengthened

t o s afeguard the facilities above them.

T h e se wholly unexpected findings have

i n ev itably resulted in delays to the

p r o ject. At present the delay is being

r e p orted by the design team as 12

w  ee ks.

C o m pletion dates and costs of large,

co m plicated projects like this are very

d i ff icult to predict accurately. All

s o r ts of unforeseen and unforeseeable

p r o blems have arisen and still could

a r is e. Our current best estimates are

f o r an end of January 1998 completion

a t a cost of £24m. This latter figure

r e p resents a possible - I stress

p o s sible - overspend of three per cent

o n the original budget estimate of

£2 3 .09m which, if achieved, would

r e p resent, I believe, given all the

c i rc umstances encountered, a

c o m mendable outcome. Notwithstanding t h at prediction, this overspend is

c u r rently under intense examination as m em bers would expect. Claims and

c o u nter claims are being evaluated - a

p r o cess which may continue for many

m  o nths after completion, a situation, I

s h o uld add, which is by no means

u n u sual with this type of development

p r o ject.

 3 . Since Lockerbie, aviation ministers all

o v e r Europe decided that all airports

s h o uld work towards having the ability t o X -ray screen every item of luggage

t h at goes onto an aeroplane. That means a i rp orts need to put X-ray machines in

l in e with their baggage handling system s o t hat every bag is routinely

s c re ened. The airport development has b u i lt such a combination but it has

p r o ved extremely difficult in practice

to get the computer programme which

r u n s the X-ray screening to integrate

s a ti sfactorily with the computer

p r o gramme in the baggage handling

s y s tem. Several airports in the United

K  in gdom are also grappling with this

p r o blem and have not yet got a perfect

s o lu tion. The baggage handling system h a s been working satisfactorily without t h e in line X-ray machines and trials

o n integrating the two systems started

   la st month.

1 0 0 per cent hold baggage screening is a n e w technology in aviation which will r e p lace the current systems routinely

s c re ening only a percentage of hold

b a g gage at airports around the world.

D  es pite many rumours and dark

p r e dictions of failure, both systems c u r rently are progressing well with

o n l y the occasional hiccup.

N  o date for the final acceptance of the n e w X-ray machines can be estimated u n t il these trials are 100 per cent

s u c cessful. Until such a time, the

c u r rent X-ray system will, of course, r e m ain in operation and the new

m  ac hines will not be fully paid for.''

Delays in the completion of the marina - question and answer - (Tape No. 403)

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 -

  In the light of recent news reports that

 c ompletion of the new yacht marina will be  d elayed, would the President explain the

 r easons for the alleged delay and give a

 f irm date for completion of the marina?''

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

  I can advise members that the original

 t ender documents produced by the Public  S ervices Department with regard to the

 E lizabeth marina stated a maximum

c onstruction period of 2½ years, with the

o ption for the contractor to propose a

 r educed period.

T he contract was awarded to AMEC Marine a nd commenced on 29th January 1996, the

p rogramme for completion being 100 weeks w ith a contractual completion date of 29th

D ecember 1997. However, AMEC Marine

t hemselves introduced a target date for

c ompletion  of 30th September 1997 and have c onstantly aimed to achieve that date.

A fter the commencement of the

c ontract, additional works were negotiated w ith the contractor to dredge out an extra 1 .4 metres of sediment/rock from the area

o f the planned widest fairways and around w here the largest berths were to be

s ituated. This amounts to approximately

3 0 per cent of the total area of the

m arina. Additionally, general delays have

o ccurred due to rock levels in some areas b eing lower than predicted. This has

a ffected the foundations to walls, the

m arina gate installation and pontoon guide p iles.

W ork will be substantially complete by

t he contract completion date of 29th

D ecember 1997. Minor works will be carrying

o n until mid-February with total clearance

b y the end of February 1998.

T he original prediction date of completion b y Public Services was June 1998 to meet t he aforementioned 2½ year contract

p eriod.''

States Loan housing - questions and answers (Tape No. 403)

Deputy Shirley Margaret Baudains of St. Helier asked Senator Corrie Stein, the President of the Housing Committee, the following questions -

  I understand that due to the recent price

 b oom in the housing market, States Loan

 h omes are being sold at 100 per cent profit

o nly 18 months after purchase. Will the

P resident inform the States -

 ( a) what action the Committee is proposing t o t ake in order to see that this

p r a ctice stops?

 ( b) how much public money has subsidised t h e purchase of land and building costs

o f S tates-built loan homes in the last

t e n years?

 ( c) how many first time buyers' homes are c u r rently planned or awaiting

c o m pletion?

( d) what the prices are likely to be?

( e) is the States Loan ceiling of £90,000 l ik e ly to increase?''

The President of the Housing Committee replied as follows -

(a)  The recent boom in the housing

m a r k e t has affected all home-

o w n e r s, not just those who

p u rc h a sed first time buyer

p ro p e r ties from the Housing

C o m m  ittee. During the period 1993 to 1 9 9 5, properties were sold by

th e C o mmittee to first time buyers at a d is count of no more than 15

p er c en t to open market value.

S u b se q uently, the asset value of

th e s e p roperties has increased

co n s i d erably in line with market

fo r c e s, in some cases helped by

su b s t a ntial improvements to the

p ro p e r ty which have been carried

o u t b y the owners since the

o ri g in a l purchase.

T o date, only 11 of the 470 dwellings

s o ld by the Committee since 1992 have b e e n resold, as the vast majority of

f ir s t time buyers are seeking a home,

n o t a quick profit. Unless the owner is l e av ing the Island or moving to rented a c c ommodation, it is extremely

d i ff icult to realise a profit' as the

f u ll sum arising from sale will

i n ev itably be needed to acquire

a l te rnative accommodation.

T h e Committee can take no action to

p r e vent existing home-owners from

s e ll ing their properties, acquired from

t h e Committee under the first time

b u y er scheme, on the open market.

H  o wever, the Committee is exploring the p o s sibility of introducing measures to

e n s ure that, in future, first time

b u y ers from the States are not

p e r mitted to make excessive capital

g a in s through re-sale of the property

w  it hin a few years of the original

p u r chase.

 ( b) In the last 10 years, all costs,

i n cl uding bridging finance charges,

h a v e been recovered through sales and n o subsidies have been required to

p u r chase or develop sites for first

t im  e buyer homes.

 ( c) The Housing Committee no longer has a d e v elopment programme for first time

b u y ers, but the Planning and

E n v ironment Committee is proposing a

d e v elopment for sale of about 65

d w  ellings at the Belle Vue site, St. B r e lade. This development is due for c o m pletion in mid-1999.

I n a ddition, up to 25 per cent of the

d w  ellings to be provided on the

W  a terfront development may be made a v a ilable to first time buyers.

 ( d) The pricing structure for the Belle Vue p r o perties has yet to be agreed as

d e v elopment contracts will not be let

u n t il 1998, with completion scheduled f o r Autumn 1999.

 ( e) The Committee is currently reviewing a l l its policies and no decision has

y e t been made on whether there should b e a change to the current States Loan l im it of £90,000.''

No. 3 White Houses, Noirmont Lane, Portelet, St. Brelade - (Tape No. 403)

Deputy Michael Edward Vibert of St. Brelade , asked a question of Senator Nigel Lewis

Quérée, President of the Planning and Environment Committee, the following question -

  Would the President explain

 t he circumstances surrounding the decision

o f the Planning and Environment Committee

 t o allow the developer to exceed the height

o f a replacement building as shown on the

o riginal plans submitted and approved by

 h is Committee, at No. 3, White Houses,

 N oirmont Lane, Portelet, St. Brelade ?''

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

  The building to which Deputy Vibert

 r efers was the subject of an application

m ade in August 1996 to demolish No. 3 White H ouses, Noirmont Lane, St. Brelade and

 r eplace it with a new dwelling.

T he application consisted of a set of

f ull working drawings and a section showing t he relationship between the proposed

d welling, the dwelling to be demolished and a n adjoining dwelling Clos de Cotil'. The p lans were advertised and made available

f or public inspection. Objections to

e arlier proposals from three nearby

o ccupiers were taken into consideration

w hen the Committee of the day granted

p ermission on 22nd October 1996. Objectors w ere informed of the Committee's decision.

B uilding works commenced and it was brought t o our attention that the foundations of

t he dwelling had been constructed in the

w rong position. In February 1997, despite

a n appeal from the applicant, the Committee

r equired that the dwelling be built in the

a pproved position. The foundations were

r elocated to the approved position and

b uilding works continued.

H owever, in May 1997 it was brought to t he attention of the Department that the b uilding was higher than shown on the d rawing which had demonstrated the

r elationship of the building to the

a djoining dwelling. At this time roof

c onstruction was well under way.

T he matter was investigated by the

D epartment by means of a survey of the site a nd of the building compared to that shown

o n the approved working drawings.

T he survey revealed that -

1 .  The building was correctly located.

 2 .  The floor slab was at the correct level a s s hown on the drawings.

 3 .  The height of the roof was correct as s h o wn on the approved cross section d r a wing.

 4 .  The section showing the relationship of t h e proposed dwelling to the

n e ig hbouring dwelling was incorrect.

T he applicant who is also the intended

o ccupier of the dwelling and had designed t he dwelling and supervised the works, was a sked to explain the anomaly.

H e explained that his sectional

d rawing contained a drafting error and

i ncorrectly showed the new building lower t han it should have been in relation to the

o riginal house and adjoining properties. He s ubmitted that this error was a genuine m istake and had not been intended to d eceive the Committee.

T he matter was considered by the

A pplications Sub-Committee in early June 1 997 and it decided that the roof should be c onstructed so as not to be higher than

t hat shown on the sectional drawing. The a djoining property owners were advised of t he Sub-Committee's decision.