States Minutes 12th May 1998

THE STATES assembled on Tuesday, 12th May 1998 at 9.30 a.m. under

the Presidency of the Bailiff ,

Sir Philip Bailhache ____________

His Excellency the Lieutenant Governor, General Sir Michael Wilkes, K.C.B., C.B.E., was present

____________

All members were present with the exception of –

S e n at or John Stephen Rothwell – out of the Island

Ja c k Roche, Connétable of St.  Saviour – ill

P h il ip Roy Cabot, Connétable of Trinity – ill

E v e ly n Mabel Pullin, Deputy of St.  Saviour – out of the Island A l as t air John Layzell, Deputy of St.  Brelade – out of the Island G r a em  e Ernest Rabet, Deputy of St.  Helier – out of the Island

____________

Prayers ____________

Tribute to the late Mr. J.B. Emmanuel – former Connétable of St.  Lawrence

The Bailiff paid tribute to the late Mr. Jean Baptiste Emmanuel, a former Connétable of St.  Lawrence. THE STATES observed one minute's silence as a mark of respect.

Visit of President of the Government of Madeira

The Bailiff welcomed to the States His Excellency Dr. Alberto Joao Jardim, President of the Government of Madeira and Mrs. Jardim.

Connétable of St.  Peter – re-election

The Bailiff , on behalf of the members of the States, congratulated Mr.  Malcolm Pollard, on his re-election as Connétable of St. Peter.

Subordinate legislation tabled

The following enactment was laid before the States, namely –

  F a m ily  Allowances (General Provisions) (Amendment No.  5) (Jersey) Order 1998 – R. &  O  9229. E m p l oyment and Social Security Committee.

Committee of Inquiry: Elizabeth Marina, St. Helier – appointment of President

There were nominated for appointment as President of the Committee of Inquiry: Elizabeth Marina, St. Helier – S e n at or Richard Joseph Shenton – proposed by Deputy Terence John Le Main of St. Helier; and

S e n at or Pierre François Horsfall – proposed by Deputy Paul Francis Routier of St. Helier.

THE STATES having proceeded to a secret ballot, the Bailiff declared that Senator Horsfall had been elected President of the Committee of Inquiry to investigate fully all the circumstances whereby the cost of constructing the yacht marina to the west of the Albert Pier, St.  Helier, had exceeded the vote of credit granted for the project.

The result of the ballot was as follows –

S e n at or Shenton 2 0 v o tes S e n at or Horsfall 2 7 v o tes.

Committee of Inquiry: Elizabeth Marina, St.  Helier: appointment of members

THE STATES, on the proposition of Senator Pierre François Horsfall, President of the Committee of Inquiry: Elizabeth Marina, St.  Helier, appointed the following as members of the Committee –

Ir is M  edora Le Feuvre, Connétable of St.  Lawrence H a r ry Hall ewell Baudains, Deputy of St.  Clement T e re n ce Augustine Le Sueur, Deputy of St.  Helier Je r e m y Laurence Dorey, Deputy of St. Helier

A l an Simon Crowcroft , Deputy of St.  Helier

K e n n eth William Syvret, Deputy of St.  Ouen.

Matters presented

The following matters were presented to the States –

D w e llin g Houses Loan Fund: accounts for 1997 – R.C.23/98. P re s e nted by the Housing Committee.

Mr . B a rrie R. Cooper: petition (P.195/97) – report – R.C.24/98. P re s e nted by the Policy and Resources Committee.

  H e a lt h  Promotion Strategy: towards 2000 and beyond – R.C.25/98. P re s e nted by the Health and Social Services Committee.

I nt e r na tional Conventions and Agreements: progress report for the period ended 31st March 1998 –

R.C.26/98.

P re s e nted by the Policy and Resources Committee.

T H E STATES ordered that the said reports be printed and distributed.

P r e se nted on 28th April 1998 –

  R e g u la  tion of Undertakings and Development: six-monthly manpower returns – R.C.19/98. P re s e nted by the Finance and Economics Committee.

T r a ns po rt Policy Strategy (P.70/98 re-issued): comments of the Finance and Economics Committee –

P.77/98.

P re s e nted by the Finance and Economics Committee.

THE STATES ordered that the said reports be printed and distributed. P r e se nted on 5th May 1998 –

P r o ba tio n and After Care Service: report for 1997. P re s e nted by the Prison Board.

  St a t e s o f Jersey Annual Report and Accounts for 1997. P re s e nted by the Finance and Economics Committee.

  U nit   e d  Nations Convention Against Torture and Other Inhuman or Degrading Treatment or Punishment –

R.C.20/98.

P re s e nted by the Policy and Resources Committee.

T H E STATES ordered that the said report be printed and distributed.

St a t e s o f Jersey Law 1966, as amended – delegation of functions: health and social services – R.C.21/98. P re s e nted by the Health and Social Services Committee.

T H E STATES ordered that the said report be printed and distributed.

  St a t e s o f Jersey Law 1966, as amended – delegation of functions: agriculture and fisheries – R.C.22/98. P re s e nted by the Agriculture and Fisheries Committee.

T H E STATES ordered that the said report be printed and distributed.

Matters noted – land transactions

THE STATES noted an Act of the Finance and Economics Committee, dated 20th April 1998, 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 and Recreation Committee, the lease to the St.  Brelade's

Bowls Club of the pavilion and playing greens at the Les Quennevais Sports Ground, St. Brelade, for a period of nine years from 1st January 1998, at an annual rent of £5,534 for 1998 and £6,700 for 1999, with annual rent reviews in line with the Jersey retail Price s Index from the year 2000 on 30th June each year, on the basis that each party would be responsible for its own legal costs arising from the transaction;

(b ) as recommended by the Sport, Leisure and Recreation Committee, the lease to the Jersey Model Car Club of an area of land (measuring 9,280 square feet) to the east of the main cricket pavilion at the

Les Quennevais Playing Fields, for a period of nine years from 1st January 1997, at a commencing

annual rent of £500 payable half-yearly in advance, with triennial reviews in line with the Jersey Retail Price s

Index from 1st January 2000, on the basis that each party would be responsible for its own legal costs arising from the transaction;

(c ) as recommended by the Harbours and Airport Committee, the lease to Huelin Renouf Shipping of

office accommodation, storage and kitchen facilities (Letting No. N19 – measuring 1,485 square feet) on the New North Quay, St. Helier Harbour, for a period of three years from 1st January 1998, at an annual rent of £18,500 subject to annual review in line with the Jersey Retail Price s Index;

(d  ) as recommended by the Harbours and Airport Committee, the lease to St.  Helier Port Services of

accommodation (Letting No. N17 – measuring 256 square feet) on the New North Quay, St. Helier Harbour, for a period of three years from 1st January 1998, at an annual rent of £3,500, subject to annual review in line with the Jersey Retail Price s Index;

( e) as recommended by the Harbours and Airport Committee, the lease to George Troy and Sons of

office and storage accommodation (Letting No. N20 – measuring 1,011 square feet) on the New North Quay, St. Helier Harbour, for a period of three years from 1st January 1998, at an annual rent of £12,500, subject to annual review in line with Jersey Retail Price s Index;

(f ) as recommended by the Public Services Committee, an agreement with Mrs. Patricia Fitzmaurice,

née Galvin, in order that emergency stabilization works could take place on the cliff below Jeffrey's Leap Café, St.  Martin, so as to secure the structural integrity of the public road known as La Route d'Anne Port in return for the small area of privately owned land to be given free of charge to the Committee, on the basis that the passing of a contract before the Royal Court would also clarify the relevant boundaries between the properties, with each party to be responsible for its own legal costs arising from the transaction;

(g ) a s recommended by the Harbours and Airport Committee, the renewal of the sub-lease to NTL TV by

the Jersey Electricity Company Limited, for a period of 21 years from 20th March 1998, at an annual rent of £173, to enable the Company to fix television relay aerials to La Collette Power Station and to have a kiosk to hold the associated equipment.

Matter noted – acceptance of tender

THE STATES noted an Act of the Finance and Economics Committee, dated 20th April 1998, 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 six tenders, namely that submitted by Amey Building (C.I.) Limited in the sum of £4,982,306 in a contract period of 60 weeks, for the construction of the Jersey College for Girls Joint Art, Design and Technology Block.

Matters lodged

The following matters were lodged "au Greffe" –

  IS/I T S trategy for Jersey – P.87/98.

P re s e nted by the Policy and Resources Committee.

J er s e y Financial Services Commission: appointment of Commissioners – P.88/98. P re s e nted by the Finance and Economics Committee.

The following matters were lodged "au Greffe" on 28th April 1998 –

D r a f t St amp Duties and Fees (Jersey) Law 1998 (Appointed Day) Act 199 – P.78/98. P re s e nted by the Finance and Economics Committee.

P u blic Services Committee: vote of no confidence – suspension of Standing Order No. 18A(2) – P.79/98. P re s e nted by Deputy A. Breckon of St. Saviour.

  L e M  a r ais, St.  Clement – refurbishment Phases I and II: approval of drawings – P.80/98. P re s e nted by the Housing Committee.

L e G e y t Flats, St. Helier – refurbishment Phase III: approval of drawings – P.81/98. P re s e nted by the Housing Committee.

  G r a s e tt Park, St.  Saviour – refurbishment Phase I: approval of drawings – P.82/98. P re s e nted by the Housing Committee.

L e C lo s du Martin, New St. John's Road, St. Helier: grant of right of way – P.83/98. P re s e nted by the Housing Committee.

  P o lic  in g of the Island (P.49/98): amendment – P.84/98. P re s e nted by Deputy M.F. Dubras of St.  Lawrence.

The following matters were lodged on 5th May 1998 –

Sho ps – Sunday trading (P.60/98): amendment – P.85/98. P re s e nted by the Connétable of St. Clement.

  P o lic  in g of the Island (P.49/98): second amendments – P.86/98. P re s e nted by Deputy F.J. Hill of St. Martin.

Arrangement of public business for the present meeting

THE STATES noted that Deputy Alan Breckon of St. Saviour had withdrawn his proposition relating to the suspension of Standing Order No. 18A(2) with regard to the vote of no confidence in the Public Services Committee (P.79/98 – lodged "au Greffe" on 28th April 1998).

THE STATES noted that the President of the Finance and Economics Committee had withdrawn paragraph (2) of the proposition regarding the Committee of Inquiry: Elizabeth Marina, St. Helier (P.63/98 – lodged "au Greffe" on 7th April 1998), paragraph (1) having been adopted as amended on 21st April 1998.

THE STATES acceded to the request of Senator Richard Joseph Shenton that consideration of the proposition regarding traffic calming within Jersey (P.32/98 – lodged "au Greffe" on 24th February 1998) be deferred from the present meeting to a later date.

THE STATES confirmed that the following matter lodged "au Greffe" would be considered at the present meeting –

  L e M  a r ais, St.  Clement – refurbishment Phases I and II: approval of drawings – P.80/98. L o d g ed; 28th April 1998.

H o u s ing Committee.

Arrangement of public business for the next meeting on 19th May 1998

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 19th May 1998 –

P o li c ing of the Island – P.49/98. L o d g ed: 17th March 1998.

D e fe n ce Committee.

P o li c ing of the Island (P.49/98): amendment – P.84/98. L o d g ed: 28th April 1998.

D e p u ty M.F. Dubras of St.  Lawrence.

P o li c ing of the Island (P.49/98): second amendments – P.86/98. D e p u ty F.J. Hill of St. Martin.

D r a f t Regulation of Undertakings and Development (Amendment No.  9) (Jersey) Regulations 199 –

P.22/98.

L o d g ed: 17th February 1998 and referred back 3.3.98.

F in a n ce and Economics Committee.

S to p f ord Court, Stopford Road, St. Helier: transfer of administration of land – P.56/98. L o d g ed: 31st March 1998.

H o u s ing Committee.

O T C housing development, First Tower, St. Helier: lease of shop units – P.57/98 – Revised. L o d g ed: 31st March 1998.

H o u s ing Committee.

D r a ft Investment Business (Jersey) Law 199 – P.59/98. L o d g ed: 31st March 1998.

F in a n ce and Economics Committee.

D r a ft Investment Business (Jersey) Law 199- (P.59/98): amendments. F in a n ce and Economics Committee.

C r im  inal Injuries Compensation Scheme: further amendments – P.67/98. L o d g ed: 21st April 1998.

D e fe n ce Committee.

D r a ft Stamp Duties and Fees (Jersey) Law 1998 (Appointed Day) Act 199 – P.78/98. L o d g ed: 28th April 1998.

F in a n ce and Economics Committee.

L e G eyt Flats, St. Helier – refurbishment Phase III: approval of drawings – P.81/98. L o d g ed: 28th April 1998.

H o u s ing Committee.

G r a se tt Park, St. Saviour – refurbishment Phase I: approval of drawings – P.82/98. L o d g ed: 28th April 1998.

H o u s ing Committee.

L e C los du Martin, New St. John's Road, St. Helier: grant of right of way – P.83/98. L o d g ed: 28th April 1998.

H o u s ing Committee.

Licences granted under the Regulation of Undertakings and Development (Jersey) Law 1973, as amended – answers to questions asked in the States on 21st April 1998

" (a ) The information Senator Syvret is seeking on the number of licences issued under the Regulation of Undertakings and Development Law has been placed on members' desks for ease of reference.

T o t a l n u m  ber of licences issued for new undertakings in 1997 =  523

retail 115 building and allied trades 65 hotels 2 restaurants 18 financial services 32 offices 42 import/export 11 garages/sales 3 agencies 25 transport 18 marine 12 service 44 exhibitions 6 other 130

T o t a l n u m  ber of licences issued for new undertakings up to 31st March 1998 =  174

retail 39 building and allied trades 30 hotels 0 restaurants 5 financial services 11 offices 6 import/export 0 garages/sales 1 agencies 11 transport 9 marine 4 service 10 exhibitions 3 other 45

( o t h e r ' in cludes all those not listed and specialist contractors)

T h e fu l l s tatistical information relating to the December 1997 manpower survey has been published in

R.C.19/98 which was presented to the States on 28th April 1998.

(b ) As at the end of March 1998, income tax totalling £224.4  million had been charged for the year of

assessment 1995. This excludes tax charged on those involved in the supply of gas, water and electricity, and those running private schools, who are few in number, in order to preserve their confidentiality.

T h i s f ig u r e breaks down on the standard industrial classification basis as follows –

1. BYINDUSTRY

1. Agriculture
2. Fishing
3. Quarrying
4. Manufacturing
5. Electricity, gasandwater
6. Construction
7. Wholesaleand retail
8. Hotels and restaurants
9. Transport and communications
10. Financial intermediation
11. Real estate (on a fee basis only, other profits included elsewhere)

14. Health and social work
15. (i) Otherbusiness services
    2. Othercommunity social and personalservices
16. Private households with employees

1,916,000 183,000 (included in construction) 1,373,000 (not supplied) 4,189,000 8,017,000 4,101,000 1,156,000 111,021,000

153,000 1,596,000 6,704,000

4,829,000 No records kept

S t a n d a rd industrial classifications number 12 (Public Administration and Defence) and 13 (Education)

have been excluded because no direct tax revenue arises from these activities carried on by the States.  Similarly  the  figures  given  under  number  14  (Health  and  social  work)  and  15  (other Community Social and Personal Services) reflect only the profits of private providers.

2. BYINDIVIDUALS

1. Employees 55,596,000
2. Rentiers and the retired 16,985,000

3. BYINVESTMENTHOLDING COMPANIES

(These are mainly corporate bodies

set up by local residents to own

their properties and investments) 6,589,000"

Income tax liability for the tax year 1995 – answer to question asked in the States on 21st April 1998

" A s at the end of March 1998, income tax totalling £224.4  million had been charged for the year of assessment 1995. This excludes tax charged on those involved in the supply of gas, water and electricity, and those running private schools, who are few in number, in order to preserve their confidentiality.

T h is figure breaks down on the standard industrial classification basis as follows –

1. BYINDUSTRY

1. Agriculture 1,916,000
2. Fishing 183,000
3. Quarrying (included in construction)
4. Manufacturing 1,373,000
5. Electricity, gasandwater (not supplied)
6. Construction 4,189,000
7. Wholesaleand retail 8,017,000
8. Hotels and restaurants 4,101,000

9. Transport and communications
10. Financial intermediation
11. Real estate (on a fee basis only, other profits included elsewhere)

14. Health and social work
15. (i) Otherbusiness services
    2. Othercommunity social and personalservices
16. Private households with employees

1,156,000 111,021,000

153,000 1,596,000 6,704,000

4,829,000 No records kept

S t a n d a rd industrial classifications number 12 (Public Administration and Defence) and 13 (Education)

have been excluded because no direct tax revenue arises from these activities carried on by the States.  Similarly  the  figures  given  under  number  14  (Health  and  social  work)  and  15  (other Community Social and Personal Services) reflect only the profits of private providers.

2. BYINDIVIDUALS

1. Employees 55,596,000
2. Rentiers and the retired 16,985,000

3. BYINVESTMENTHOLDING COMPANIES

(These are mainly corporate bodies

set up by local residents to own

their properties and investments) 6,589,000" Amendments to the Housing Law and Regulations – question and answer (Tape 442)

Deputy Frederick John Hill of St.  Martin asked Senator Corrie Stein, President of the Housing Committee, the following question –

" T h e States Legislation Programme for 1998 includes as item  20 the preparation of amendments of the Housing Law and Regulations to empower the Committee to allow requests for hotels and guest houses to extend  into  adjacent  residential  property  without  having  to  meet  the  costs  of  providing  alternative accommodation elsewhere. Would the President inform members when the drafting instructions were forwarded to the Law Draftsman and when she expects to present the amendment to the States?"

The President of the Housing Committee replied as follows –

" T h e drafting instructions were recently completed and forwarded to the Law Draftsman on 8th May 1998. The Committee regrets the delay that has occurred and, subject to the workload of the Law Draftsman, expects to present the amendment to the States before the end of this year."

Public sector salaries – question and answer (Tape No.  442)

Deputy Robin Charles Hacquoil of St.  Peter asked the President of the Establishment Committee, the following question –

" 1 . Given the intended consideration later today of proposed levels of remuneration for States members, would the President inform members of the following public sector salary ranges –

( a ) t h e p redominant range for manual workers and separately for the Supervisory Grade of manual

workers?

( b ) t h e p redominant range for – ( i) c le r i ca l w  orkers; and, ( ii ) m  id d l e m  anagers,

i n t h e C i v i l S e rvice.

( c ) t h e p redominant range for chief officers and other senior officers whose salaries are negotiated

outside the normal pay rounds?

2 . W ould the President inform members of any other benefits, current or future, for the above levels

which may not result in direct remuneration but which involve some cost to the States as employer.

The President of the Establishment Committee replied as follows –

" 1 . In setting out below the answers to these questions, I define predominant salary range as the range in which the majority of the employees employed in the category in question are placed for pay purposes.

( a ) T h e predominant salary range for manual workers is £13,276 a year to £15,536 a year (this range

relates to grades 2 to 4 in an 8 grade wage structure).

T h e p r e d o m i n ant salary range for the Supervisory Grades of Manual Workers is £16,835 a year

to £19,772 a year (this range relates to grades 6 to 8 of an 8 grade wage structure).

I t s h o u l d b e e mphasised that the above rates of pay are basic rates only. They do not include

payments for shift-working, overtime, standby/call outs, or other special allowances (e.g. underground allowance).

( b ) ( i ) The predominant salary range for clerical employees is £13,370 a year to £18,088 a year

(this range relates to grades 4 to 6 of a 15 grade salary structure for civil servants).

( ii ) T h e p re d o minant salary range for middle managers is £26,754 a year to £32,841 a year (this

range relates to grades 10 and 11 of a 15  grade wage structure for civil servants.

A  g a in , it sh o u ld be emphasised that the above rates of pay are basic rates only. They do not

include payments for shift-working, overtime and standby/call outs. However, it should be pointed out that such payments are less prevalent than for manual workers. Overtime payments are rarely paid to middle managers.

( c ) I u n derstand that by the expression chief officers and other senior officers whose salaries are

negotiated outside the normal pay rounds', the Deputy is referring to the salary ranges of Chief Officers, Crown and States appointments, and officers of the judiciary and the legislature.

 T h e p  re d o m  in ant salary range for chief officers and other senior officers whose salaries are

negotiated outside the normal pay rounds is £56,064 a year to £74,432 a year. No shift payments and overtime payments apply to such officers.

2 . A t present the States contribute, as an employer, an extra 15.16 per cent of the salaries referred to

above, to the Public Employees Contributory Retirement Scheme in respect of each permanent employee and also in respect of those who are on contract for more than a year, who are over age 20 and work for more than 18 hours a week. (However, employees who are less than 30, or on time limited contracts, may opt not to be members of the pension scheme, if they so wish. In those circumstances, the employer would not pay its share of the contribution). In addition, contributions of 5.85 per cent of salary are paid in respect of each employee, up to an earnings ceiling level of £1,892 per month, as a result of having to meet the employers liability under the Social Security Scheme.

T h e r e a r e no other benefits of this nature which are currently being considered.

I n a d d it io n to the above, members will also be aware that employees are entitled to certain leave

arrangements and to maternity benefits. I was not sure whether this information was of interest to the Deputy . If details of these entitlements are required, I will ensure that they are circulated to members separately."

Public Services Committee: vote of no confidence – P.74/98

THE STATES rejected a proposition of Deputy Imogen Stephanie Nicholls of Grouville that they had no confidence in the Public Services

Committee.

Members present voted as follows –

"Pour" (14)

Senators

S h e n ton, Horsfall, Quérée, Syvret, Kinnard.

Connétable s

G r o u ville.

Deputies

L e S ueur(H), S.  Baudains(H), Duhamel(S), Grouville , Crowcroft (H), Vibert (B), St.  Peter, Dubras(L).

"Contre" (31)

Senators

L e M  aistre, Stein, Bailhache , Tomes, Norman, Walker .

Connétable s

S t. C lement, St. Mary, St.  Brelade, StP. eter, St.  Helier, St.  Martin, St.  Ouen, St. John. Deputies

H . B  audains(C), Coutanche(L), St.  Mary,Le Geyt(S), Trinity , Johns(H), Routier(H), Dorey(H), Breckon

(S), Huet(H), St.  Martin, St.  John, Le Main(H), Blampied(H),de la Haye(B), Le Cornu(C), S. Ouen. THE STATES agreed to meet on Tuesday, 9th June 1998, to consider States members' income support and expense allowance (P.207/97 – lodged au Greffe by the House Committee on 30th December 1997).

THE STATES then adjourned, having agreed that the outstanding items of public business should be taken as the first items of public business on Tuesday, 19th May 1998.

THE STATES rose at 5.50 p.m.

G.H.C. COPPOCK Greffier of the States.