States Minutes 17th March 1998

THE STATES assembled on Tuesday, 17th March 1998 at 9.30 a.m. under the Presidency of the Bailiff ,

Sir Philip Bailhache ____________

All members were present with the exception of –

S e n at or Vernon Amy Tomes – ill

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

K e n n eth Priaulx Vibert , Connétable of St.  Ouen – excused

M i c h ael Adam Wavell, Deputy of St.  Saviour – out of the Island M a r g aret Anne Le Geyt, Deputy of St.  Saviour – out of the Island

____________

Prayers ____________

The Lord Mayor of London – visit

The Bailiff informed the House that the extraordinary meeting of the States to be held on 15th April 1998 to welcome The Rt. Hon. The Lord Mayor of London would commence at 10  a.m., not 11  a.m. as previously stated.

Subordinate legislation tabled

The following enactments were laid before the States, namely –

  R e g u la  tion of Undertakings and Development (Return of Employers) (Jersey) Order 1998. R.  & O  9215   B a nki   ng  Business (List of Registered Persons) (Jersey) Order 1998. R  &  O  9216

  T e le c o m  munications (Telephones) (Amendment No.  29) (Jersey) Order 1998. R  &  O  9217

  R o a d T raffic (Saint Helier) (Amendment No.  3) (Jersey) Order 1998. R &  O  9218

  R o a d T raffic (Saint Lawrence) (Amendment No.  11) (Jersey) Order 1998. R  &  O  9219

  R o a d T raffic (Public Parking Places) (Amendment No.  36) (Jersey) Order 1998. R  &  O  9220.

Housing Committee - resignation of member

THE STATES noted the resignation of Deputy Frederick John Hill of St.  Martin from the Housing Committee.

Matters presented

The following matters were presented to the States –

  Ma   g is tr ate's Court – practice and procedures: working party report – R.C.7/98. P re s e nted by the Legislation Committee.

T he J e r sey Law Commission: report for 1997 – R.C.8/98. P re s e nted by the Legislation Committee.

H o us ing : States rental waiting list as at 1st January 1998 – R.C.9/98. P re s e nted by the Housing Committee.

Ma np o wer report for the period 1st July 1997 to 31st December 1997 – R.C.10/98. P re s e nted by the Establishment Committee.

St a t e s o f Jersey Law 1966, as amended – delegation of functions: aircraft dues – R.C.11/98. P re s e nted by the Harbours and Airport Committee.

St a t e s o f Jersey Law 1966, as amended – delegation of functions: air navigation – R.C.12/98. P re s e nted by the Harbours and Airport Committee.

A ir po rt development project: costs – R.C.13/98. P re s e nted by Harbours and Airport Committee.

  E m  er g e ncies Council: report for the period ending 31st December 1997 – R.C.14/98. P re s e nted by the Emergencies Council.

THE STATES ordered that the said reports be printed and distributed. Matters noted – land transaction

THE STATES noted an Act of the Finance and Economics Committee, dated 9th March 1998, recording the following decision of the Treasurer of the States under delegated powers, in pursuance of Standing Orders relating to certain transactions in land –

a s r e commended by the Public Services Committee, the renewal of the lease to the National Trust for

Jersey of the property known as Le Catel Fort, St. Mary, for a period of three years from 25th December 1997, at rent of £50 for the three-year term, subject to the conditions specified in an Act, dated 23rd March 1997, of the Public Services Committee, including the payment by the lessee of both parties' reasonable legal costs arising from the transaction.

Matter noted – acceptance of tender

THE STATES noted an Act of the Finance and Economics Committee, dated 9th March 1998, showing that, in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that the Public Services Committee had accepted the lowest of four tenders, namely that submitted by Barhale Construction Plc in the sum of £638,313.90, for Phase II of the Oxford Road Surface Water Separation Project.

Matters lodged

The following matters were lodged "au Greffe" –

  D r a f t Jersey Mutual Insurance Society, Incorporated (Alteration of Rules) (No.  5) (Jersey) Law 199 –

P.39/98.

P re s e nted by the Legislation Committee.

D r a f t St atutory Nuisances (Jersey) Law 199 – P.40/98.

P re s e nted by the Health and Social Services Committee.

D r a f t Mi lk (Sale to Special Classes) (Jersey) Regulations 199 – P.41/98. P re s e nted by the Employment and Social Security Committee.

  D r a f t D rug Trafficking Offences (Designated Countries and Territories) (Amendment) (Jersey) Regulations

199 – P.42/98.

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

D r a f t Drug Offences (International Co-operation) (Enforcement of Overseas Forfeiture Orders)

(Amendment) (Jersey) Regulations 199 – P.43/98.

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

D r a f t C ompanies (Amendment No. 4) (Jersey) Law 199 – P.44/98. P re s e nted by the Finance and Economics Committee.

R e nt O fficer: appointment – P.45/98. P re s e nted by the Housing Committee.

  L e s J a r dins des Carreaux, Queen's Road, St.  Helier: transfer of road – P.46/98. P re s e nted by the Housing Committee.

So c ia l s ecurity: reciprocal agreements – P.47/98.

P re s e nted by the Employment and Social Security Committee.

H o us ing (Jersey) Law 1949: amendments – P.48/98. P re s e nted by the Housing Committee.

  P o lic  in g of the Island – P.49/98.

P re s e nted by the Defence Committee.

D r a f t She llfish (Underwater Fishing) (Jersey) Regulations 199 – P.50/98 P re s e nted by the Agriculture and Fisheries Committee.

D r a f t R oad Transport Lighting (Repeal) (Jersey) Law 199 – P.51/98 P re s e nted by the Defence Committee.

D r a f t A cts annulling certain Road Traffic Orders relating to public parking places – P.52/98 P re s e nted by Deputy A.S. Crowcroft of St. Helier.

Arrangement of public business for the present meeting

THE STATES acceded to the request of the President of the Finance and Economics Committee that the following matter lodged "au Greffe" be deferred from the present meeting –

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

F in a n ce and Economics Committee.

THE STATES granted leave to Deputy Alan Simon Crowcroft of St. Helier to withdraw his proposition regarding the adoption of Acts annulling certain Road Traffic Orders relating to public parking places (P.31/98 – lodged "au Greffe" on 24th February 1998), which had been set down for debate at the present meeting. A revised proposition had been lodged "au Greffe" – P.52/98.

Arrangement of public business for the next meeting on 31st March 1998

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting

on 31st March 1998 –

D r a f t Jersey Mutual Insurance Society, Incorporated (Alteration of Rules) (No.  5) (Jersey) Law 199 –

P.39/98.

L o d g ed: 17th March 1998

L e g is lation Committee.

D r a ft Milk (Sale to Special Classes) (Jersey) Regulations 199  – P.41/98. E m p l oyment and Social Security Committee.

D r a ft Drug Trafficking Offences (Designated Countries and Territories) (Amendment) (Jersey)

Regulations 199 – P.42/98.

L o d g ed: 17th March 1998

F in a n ce and Economics Committee.

D r a ft Drug Offences (International Co-operation) (Enforcement of Overseas Forfeiture Orders)

(Amendment) (Jersey) Regulations 199  – P.43/98.

L o d g ed: 17th March 1998

F in a n ce and Economics Committee.

D r a ft Companies (Amendment No. 4) (Jersey) Law 199 – P.44/98. L o d g ed: 17th March 1998

F in a n ce and Economics Committee.

L e s J ardins des Carreaux, Queen's Road, St. Helier: transfer of road – P.46/98. H o u s ing Committee.

S o c ia l security: reciprocal agreements – P.47/98. L o d g ed: 17th March 1998

E m p l oyment and Social Security Committee.

D r a ft Shellfish (Underwater Fishing) (Jersey) Regulations 199 – P.50/98 L o d g ed: 17th March 1998

A g r ic ulture and Fisheries Committee.

D r a ft Road Transport Lighting (Repeal) (Jersey) Law 199 – P.51/98 L o d g ed: 17th March 1998

D e fe n ce Committee.

D r a ft Acts annulling certain Road Traffic Orders relating to public parking places – P.52/98 L o d g ed: 17th March 1998

D e p u ty A.S. Crowcroft of St.  Helier.

Strategic policy debates

The President of the Policy and Resources Committee informed the Assembly that the Committee would request the States, at the appropriate time, to debate the two Parts of the 1998 Strategic Policy Review on 16th and 30th June 1998 respectively.

St. Helier Yacht Club – questions and answers (Tape No. 433)

Senator Leonard Norman asked Senator Jean Amy Le Maistre, President of the Sport, Leisure and Recreation Committee, the following questions –

" 1 . Would the President explain why his Committee decided to make a grant of £60,000 to the St. Helier Yacht Club – a club which has some 3,000 members contributing £80,000 a year in subscriptions and £50,000 a year in bar profits – for improvements to their clubhouse which is, in any event, leased from the States?

2 . W ould the President say why the application for the grant was not passed to the Advisory Council for

Sport, Leisure and Recreation for advice as is the usual practice?"

The President of the Sport, Leisure and Recreation Committee replied as follows –

" 1 . In answering the question may I first of all remind the Assembly that the use of lottery profits in support of various projects identified by the Sport, Leisure and Recreation Committee, was first agreed by the States on 21st January 1992. This decision was re-affirmed by the States on 7th October 1997.

T  h e g u i d elines and criteria were clearly laid out and one of the main purposes was to encourage

voluntary clubs and associations to invest in their facilities, thereby raising the standards of provision in line with those which are now found in neighbouring islands and countries. One of the most important guidelines is that those applying for such funds must demonstrate that they have been prepared to raise a significant part of the finance through their own efforts.

O n 6 t h March 1997, the Sport, Leisure and Recreation Committee approved, in principle, an

application from the St.  Helier Yacht Club for funding from lottery profits, to assist the club in building a new chart room, which would be used for route planning, lectures, navigation and as a race office for major sailing events.

T h e e s ti m ated cost of the project at that time was £45,000 and the club requested a grant of £22,500,

which represented 50 per cent of the total project cost and is consistent with the guidelines applied by the Committee for requests of this type.

T h e c r it e ria used when assessing requests for funding from lottery profits focuses on the benefit that

the new facility will have in developing the sport and attracting more members. The past record of the club is taken into account in terms of management and the overall benefit to the community. A key aspect of this project is the provision of a teaching area to improve skills in safety at sea.

A   r e v i se d application together with comprehensive and detailed explanations was considered by the

Committee at its meeting held on 5th February 1998. The club had experienced a considerable number of design and structural engineering modifications and Planning Department requirements which had all resulted in a significant increase in the cost of the project. The revised total cost was estimated at £121,800 and the club requested funding in the sum of £60,000.

T h e n e e d for the new facility had been emphasised during the recent hosting of the Island Games, the

Lombard Yacht Race, the Course des Iles, the Powerboat Championships, the X99 Championships, etc. The facility would also have been beneficial for safe passage planning for the La Rochelle, Cork and Starmanche races.

T h e c lu b undoubtedly has a large membership and fulfils a very important role in the support which it

offers its members in a variety of ways and very importantly, an awareness of the safety aspects of sea sports. It has also played a leading role in developing water sports and in attracting major sailing events to the Island.

T h e c l u b is well managed and very successful in all that it undertakes. As I stated at the outset, the

purpose of lottery profits is to encourage clubs and associations to invest in facilities in order to serve the community in a more effective way.

T h e a lt e rn ative method of funding, bearing in mind that the premises belong to the public, would have

been for the Harbours and Airport Committee, who is the landlord, to fund the entire project and presumably recover some of the cost through an increase in the rent over a long period of time.

2 . When the States decided that clubs and associations should benefit from lottery profits, the

responsibility was given to the Sport, Leisure and Recreation Committee to administer the funds available.

I n r e c e n t years, the Advisory Council has not been involved in assessing projects funded from lottery

profits as the decisions are based on the criteria and guidelines which are set out in the Information Pack which is available to applicants. The advice of the Advisory Council would have been sought if there had been a need to prioritise the projects. This has not been necessary in recent years but if the Advisory Council wishes to comment on all the requests for this type of funding, I am sure that my Committee would be very happy to pass on the information relating to all applications and to seek their advice."

Housing subsidies – questions and answers (Tape No. 433)

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

"1 . W ill the President inform the Assembly –

( a ) W  h a t are the maximum rent subsidies allowed for one, two and three bedroom houses and flats?

( b ) ( i) When allocating funds to Housing Trusts, does the Committee require that rents charged by

the Trusts should be at the same level as the Housing Committee's fair rents?

( ii ) D  o a n y H ousing Trusts charge rents that are in excess of the fair rent and, if so, who pays

the differential between the fair rent and the rents charged?

( c ) W  o u ld the President advise members of the total amount of subsidies paid to the Housing Trusts

for each of the years 1990 to 1997 and the amounts in total by which States housing, private sector housing and housing trusts are rent subsidised or rent rebated to subsidise housing costs?"

The President of the Housing Committee replied as follows –

"1 . T he maximum rent subsidies allowed are as follows –

( a ) O n e bedroom flat : £ 86.00 a week

T w o b e d r o o m flat : £ 102.00 a week

T h r e e b e d r o o m flat : £ 117.00 a week

O n e b e d r o o m house : £ 98.00 a week

T w o b e d r o o m house : £ 122.00 a week

T h r e e b e d r o o m house : £ 137.00 a week

T h e a v e ra ge rent subsidy payable is £55.00 a week.

( b ) ( i) The Committee, in granting interest subsidies to Housing Trusts, requires the Trusts to set

rents which do not exceed the Committee's fair rents.

  H o w  e v er , i n 1 9 9 3 , it was anticipated by the previous Housing and Finance and Economics

Committees that Housing Committee rents would, on average, increase by about 5 per cent a year and the loan repayment plans for Housing Trusts were based on this assumption. In the event, the Housing Committee did not raise its rents by more than 2.5 per cent a year for several years and Les Vaux Housing Trust increased rents above Housing Committee rents in order to maintain its agreed loan repayments.

  S in c e e a rl y 1 9 9 7 th e Committee has offered Trusts an additional interest subsidy if it can be

demonstrated that they need to increase their rents above the Committee's fair rent limit in order to meet loan repayments.

 ( b ) (i i) Les Vaux Housing Trust only charges rents in excess of the Committee's fair rents at

St.  Saviour's Crescent, which was acquired in 1993. While understanding how this has arisen, the Committee is not prepared to allow the situation to continue and, on 3rd March 1998, advised the Trust accordingly. The Committee is currently awaiting a response from the Trust.

  T h e J e r se y H o m  e s Trust purchased La Folie Estate, with sitting tenants, in early 1997 on the

basis of the gross income generated by the existing rent roll. Four two-bedroom houses have rents which currently exceed the Committee's fair rents limit but the rents have been "frozen" by the Trust and will be brought within the Committee's fair rent limit by 1999.

  H o u s in g T r u s ts cu  rrently provide nearly 350  dwellings for rent to those in housing need and,

of these, there are 20 at St.  Saviour's Crescent and La Folie which have rents set at a higher level than the Housing Committee's fair rent. In these cases, the tenant pays the difference between the fair rent and the rent charged.

( c ) ( i) Up until 1993, Housing Trusts were funded directly by the States through low interest loans

repayable over varying periods of time. Since 1993, all Trusts have been required to obtain funds from private sources with the Housing Committee generally offering an interest subsidy to meet repayment of all interest above four per cent on the capital sum borrowed.

T h e in t e re s t s u bsidy paid in each year is as follows –

1993 : £19,950

1994 : £84,425

1995 : £111,925

1996 : £156,991

1997 : £321,516

( c ) ( ii ) The sums paid in respect of rent abatement to States tenants in each year since 1990 are as

follows –

1990 : £6.22 million

1991 : £7.14 million

1992 : £8.98 million

1993 : £10.02 million

1994 : £10.39 million

1995 : £10.46 million

1996 : £10.81 million

1997 : £11.91 million

  T h e s u m s p a id in respect of rent rebates to private tenants in each year since 1990 are as

follows –

1990 : £0.08 million

1991 : £0.56 million

1992 : £1.17 million

1993 : £2.36 million

1994 : £3.34 million

1995 : £3.97 million

1996 : £4.40 million

1997 : £4.89 million

Out of the £4.89 million paid in rent rebate to private sector tenants in 1997, £251,060 was paid to Housing Trust tenants."

Decision conferencing – questions and answers (Tape No.  433)

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

"( a ) (i)  Would the President advise members of the cost to the States of – ( i) e m p l o y i n g the experts and

( ii ) t h e c o s t i n Civil Service man power time in preparing and conducting the strategic planning

and resources allocation forum for agreed strategic objectives held on 5th and 6th March 1998 and the estimated costs of the remaining decision conferencing programme for 1998?

(b ) Is the President happy that the criteria for decision conferencing produced by this forum are the right

ones?"

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

" (a ) (i)  The contract with ICL Local Government Systems for the States members forum on 5th and 6th March, 1998 was in the sum of £6,600. This included the training of five local officers in the software used, the provision of four briefing sessions to States members, the provision of four facilitators  for  the  Thursday  syndicate  sessions  and  one  facilitator  for  the  Friday  plenary session, and the production of an audit trail report.

( ii ) T h e cost in civil servant manpower time cannot be established as the research and administrative

tasks in relation to the forum were undertaken by officers employed within the Office of the Chief Adviser as part of their normal duties. The only other civil servants used were those who acted as analysts' in the syndicate workshops on Thursday, 5th March.

T h e c o n tr a c te d cost of the remaining three corporate decision workshops planned for this year is

£8,400. (The revenue cash limits workshop at £4,000, the capital workshop at £2,750, and the law drafting workshop at £1,650).

(b ) The purpose of the States strategic policy objectives ranking exercise on 5th and 6th March was not

to establish the criteria to be used in decision workshops. The criteria to be used, as in previous years, will be those derived from the Island wide strategic aims and objectives which were agreed by the States in 1995 when debating the 2000 and Beyond' report.

T  h e i n te n tion of the workshop on 5th and 6th March was to involve as many States members as

possible in an exercise that many members have seen a need for, and that is the priority ranking of the key objectives approved by the States in 1995. The contribution that each non-trading Committee or selected activity makes to the achievement of the agreed States objectives was also examined.

A  ft e r a n interesting and useful day and a half of discussion and debate, I felt that the majority of

States members present considered the exercise to have been useful in that it clearly signalled that further work needs to be undertaken by members on the Island's strategic objectives to make them more focused and more clearly defined. It was suggested that this should be undertaken through a workshop of States members and chief officers later this year as a prelude to work being commenced on the sequel to 2000 and Beyond' which it has been suggested should be presented for debate in the States in 1999. My Committee will shortly be considering this suggestion in the light of the views expressed at the forum, and I will be reporting back to States members on what we propose to do.

M  a n y m e mbers who attended the workshop spoke of the value of such meetings for sharing views

with their colleagues and for learning more of what Committees are doing. This in itself is of considerable value. In addition a number of important lessons were learnt for the future from which the necessary long-term strategic planning process should benefit."

Chief Adviser's post – questions and answers (Tape No. 433)

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

" W o u ld the President inform the Assembly of the progress made by his Committee in determining criteria for the appointment of an officer to replace the Chief Adviser?"

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

" M em bers will receive today a draft report on this matter, as promised at the workshop held on 13th January 1998."

New French electricity link – questions and answers (Tape No. 433)

Deputy Philip John Rondel of St.  John asked Deputy Derek Ryder Maltwood of St.  Mary, Vic-ePresident of the Finance and Economics Committee, the following questions –

" In A pril 1997 the Guernsey Evening Press showed a plan of a proposed route through Jersey of the new electricity power link from France to Jersey and Guernsey. So far, similar information has not been published in Jersey and The Jersey Electricity Company Limited has declined to produce a detailed preferred route.

( a) Would you give details of the proposed route through Jersey of the new French-Jersey-Guernsey

power link, or advise members when that information will be made available?

(b ) Would you advise members what steps will be taken to minimise the disruptive effects of the works

necessary within the Island to complete the link?"

The Vice-President of the Finance and Economics Committee replied as follows –

" (a ) Firstly can I say that any map published in the Guernsey Evening Press last year was only schematic and not cartographically accurate. As the Deputy has been told previously by both the Chairman and Mr.  Liston, the Managing Director, The Jersey Electricity Company is unable to give details of the preferred route for the cables until such time as the six month programme of geological research has been completed and the results evaluated. Next month, April, the company will have determined its preferred route, which will be the shortest distance possible that meets the technical requirements for soil stability, minimises the impact of laying cables on access to roads and properties, maximises the opportunity to remove existing overhead cables and their supporting poles along the route and also avoids as much as possible the need to cross private land and main roads.

D  u ri n g n e xt month the company will be consulting all the Connétable s of the parishes, through which

it is proposing to lay the cables, and when this has been done, the route will be published.

(b ) I n a normal year The Jersey Electricity Company Limited (the JEC) lays about 25  kilometres of cable

in the ground as part of its ongoing commitment to reliability of supply and its commitment to minimising the visual impact of the distribution system. Its record of reliability of supply is consistently amongst the three most reliable systems in the world. With 90 per cent of the network being underground, the JEC creates the lowest environmental impact and the company is committed to reducing this year on year.

T  h e n e w cables will be laid over a two year period, 1999 and 2000, so there will not be any more

cable laying activity than there would be in any normal year. Every effort will be made to minimise the effect on residents along the route. The cable will be laid at the rate of 250  metres a week and road closures will be limited to 500  metres at a time. The maximum disturbance at any point will be two weeks.

I n a c c o r d ance with the company's normal procedures, advance notice will be published in the media

and all residents along the route will receive written notice two weeks in advance.

I n 1 9 9 6 t he JEC commissioned an Environmental Impact Assessment on the whole project. This was

accepted by the Planning and Environment Committee and the company will uphold the commitments to best practice made therein."

Personal statement by the Connétable of St.  Helier – Picnic in the Park'

Robert Lester Le Brocq, Connétable of St.  Helier, made a statement in the following terms –

" I h a ve sought the permission of you, Sir, to make a statement about the position of the Parish authorities regarding a proposal by a local radio station to hold a picnic' in the People's Park. There has been much misinformation and emotion. Members of this House have criticised without knowledge of the facts and I feel that is it incumbent upon me to clarify the situation once and for all.

I n M  ay 1993, the Public Services Department received a letter from the radio station saying that they would very much like to stage a Picnic in the Park/Concert at Howard Davis Park. The anticipated

attendance would be 300 people between 12 and 4  p.m. In June 1993, Public Services confirmed they were

prepared to proceed with the event subject to a £500 deposit to be held against any labour or replacement costs which may have been incurred through damage.

S e v er al thousand people attended the event and there were few problems of any significance. However the

radio station acknowledged their need to provide additional toilet facilities, first aid backup and a litter clearing detail. Complaints were received by Tourism regarding noise levels.

In M  ay 1994, the radio station requested of the Public Services Department permission to use Howard

Davis Park again and Public Services Department responded positively subject to revised terms and conditions particularly regarding litter and glass.

U n f o rtunately, in 1994 there were problems which led in May 1995 to an application to the Parish of

St.  Helier for permission to use the People's Park for the event. In the letter to the Parish the radio station said that they had read and accepted the conditions of use for Parish Parks. In May 1995, the Town Surveyor advised that the People's Park had an area of approximately 9.4  vergées compared with Howard Davis Park with an open space of some 15.6  vergées. He was also concerned as to the sale of alcohol on the park.

D u e to various reasons the picnic did not take place until August 1995 in the People's Park. Terms and

conditions were drawn up and the radio station confirmed that they were happy to follow the guidelines as laid down. No deposit was requested. Some complaints were received regarding noise, litter was identified as a problem as were the lack of toilet facilities.

In N o vember 1995, the Connétable corresponded with the radio station and referred to a meeting with the

Parish Roads Committee and confirmed that they could again use the People's Park, but terms and conditions for its use would have to be agreed upon. A meeting was called for 6th June 1996 to be attended by representatives of the radio station, the Parish of St.  Helier, the Honorary and States Police, Environmental Health, Social Security, Ambulance and Fire Service. Terms and conditions were agreed upon, including the provision of public liability insurance cover.

P o li c e reports after the 1996 event showed that conditions had not been complied with. The live music

ended later than it should have. Some stewards were not easily recognisable as stewards and were seen to be consuming beer from cans. The food stall was not supplied with fresh water. The cell phone numbers of the organisers were not made available to the Honorary Police. The radio station failed to supply sufficient litter bins around the park. Vehicles on the park did not have drip mats beneath them and there were more vehicles than anticipated. Four toilet facilities had been requested, but only two supplied. Glass packaging was prevalent, when it was clearly stated that this was not to be. Trees were damaged on the banking and the planned layout was not correct in detail. On this occasion there were few incidents to report but the lack of toilet facilities did cause many public nuisances.

In F e bruary 1997, the radio station again requested use of the Park for a July event. A further meeting was

called in June 1997, of all relevant parties. Terms and conditions were prescribed and agreed on 13th June 1997. The Town Surveyor's Department further mentioned their concern re. the envisaged problems of glass. The picnic took place in July 1997. After the event a follow-up meeting took place at which the Connétable together with personnel from the radio station, States and Honorary Police, Parish Parks and Gardens and the Town Surveyor's Department attended.

T h e m eeting highlighted similar problems as in past years together with a number of arrests being made

(5) on the parks and in the town (7) directly related to the event. Glass and litter was a considerable

problem and yet again the problems of insufficient toilet facilities had not been remedied by the organisers. I

expressed my grave concern over the consumption of alcohol in the park and was of the opinion that any future event should be alcohol free, and perhaps this could be controlled by fencing the area and having specific entry points at which people would be checked before entry on to the park.

T h e representative from the radio station said that they would be unwilling to hold the event without a

beer tent and that such a move may encourage picnickers to bring in more alcohol. He was of the opinion that the problems has been exaggerated.

T h e present position is that the Parish has sent to the radio station terms and conditions with which the

organisers would have to comply and, if satisfactory assurances are received that the conditions can be met, the Parish will be prepared to reconsider its decision."

Airport Development Project: costs – statement

The President of the Harbours and Airport Committee made a statement in the following terms –

" O n 23rd February, I led a delegation from the Airport Development Steering Group to discuss with the Finance and Economics Committee our report on unforeseen costs as the development nears its completion. It was agreed that, having been granted a further £2.17 million in final settlement, the Harbours and Airport Committee would report to the States to account for these additional costs. R.C.13/98 which has been placed on members' desks today contains the more detailed costings which accompany this statement.

O n b ehalf of my Committee I wish to thank the Finance and Economics Committee for their help in this

matter.

T h e re are three reasons for the extra costs –

(a ) R ussell Wilson International (RWI) going en désastre'; (b ) t he condition as found of the 1937 building;

(c ) a sbestos removal.

(a ) R  ussell Wilson International

A p p o i n te d in October 1994, RWI were the Consultant Structural and Services Engineers for the project. In December 1995, work started on the new Departures Hall – the first phase of the project –

and in February 1996, RWI were declared en désastre'. Their replacement company, Rust Consulting Limited, quickly identified severe shortcomings in the RWI design of the Departures Hall and, faced with a choice between delaying the project for an estimated four months to redesign the whole building, or of carrying on and adapting the original design as work progressed, the then Committee was advised that the latter option would be more cost effective and agreed to carry on. The building, now named after the late Deputy John Le Fondré, was completed in time to be opened just two days after the 60th anniversary of the opening of the original 1937 Jersey Airport, i.e. on 12th March 1997. The extra costs of completion of the hall include such items as contractor's claims, additional steelwork and the redesign of both the steelwork and the mechanical and electrical services. The amount of the additional costs involved reflects the total inadequacy of the original

RWI designs and the effort to make up the delay – effort that was vital if the Airport's operations were to proceed

without severe disruption to the 1997 season.

(b ) T  he 1937 building

 B  o th t h e original records and the early subsequent drawings gave no indication of the degree of

inadequacy found when, after two surveys of the building, work began on this stage of the project. When uncovered, such unmarked defects as wooden support columns and concrete floor foundations which were double thickness in some areas and non-existent in others, caused major re-flooring construction. Given the decision to retain the 1937 building, the Committee of the day and all subsequent Committees, had no choice but to rectify any found or potential defect to ensure the soundness of the structure, the safety of the public and of the 300 staff who use it. R.C.13/98 identifies the major defective items and the cost of putting them and the building in sound order.

(c ) A  sbestos removal

A  sb  es t o s had been found during the initial stage of design and surveys and allowances made in the

costings for the refurbishment of both the 1966 link' building and the 1937 building. However, as work progressed, hidden areas revealed much more extensive use of asbestos sheeting and fire- proofing material than was apparent on inspections in both sections. Significant delays resulted as approved removal methods were costed and carried out under new, stringent health and safety regulations.

W  h i ls t th e aforementioned discoveries were not too surprising, the finding of the more dangerous,

white asbestos after demolition of the old Arrivals Hall had begun, was completely unanticipated. Not found anywhere else on the Island in this form to our knowledge, this material was painted onto the outside surfaces of internal walls and, therefore, was hidden from inspection from either inside or outside the building. Only efficient air monitoring picked up the presence of the first traces as the internal walls began to be broken up. The subsequent delay and costs of removal and disposal are shown in Appendix  B of R.C.13/98.

S p e a king personally for a moment, I have been involved almost from the start. I joined the Harbours and

Airport Committee on my election in late 1993. Because, I believe, of my technical background and because I was the new boy on Committee – and didn't know any better than to be flattered to be asked – I agreed to join Senator Len Norman who was to chair the Steering Group to oversee the whole project on behalf of the Committee. Midway through that States term in 1995, Senator Norman left when he became the President of the new Education Committee, leaving me to chair the Steering Group. Deputy Percy Le Masurier joined me from the Committee until his retirement in 1996, since when Connétable Carl Hinault has been my colleague and wise counsellor on the Group. The permanent Steering Group is completed by the Airport Director, Mr. Mike Lanyon, to whom the Project Manager, Mr. Toni Mizolek and the Design Team Co-ordinator, Mr. Jon Kempster, Principal Architect from Public Services, report.

T h e s e are the people who have seen the project through to near completion. I am very proud to have served with them, every one. What this team has produced, in association with many other consultants, contractors, sub-contractors and all of their staff, permanent and temporary, I will argue to the end of my

days is of massive benefit and credit to the Island. In its new Airport, Jersey can boast – and we don't

boast enough, I believe – to be leading the way in many areas of airport design. As is inevitable with new

systems, there have been and will be hiccups. We are working continually to reduce inconveniences to the travelling public to a minimum. But, unlike the constant carping from much of the local media, the trade magazines are full of praise and the pile of complimentary letters in Toni Mizolek's and Mike Lanyon's files grows ever larger.

It i s m y great pleasure to be able to use this opportunity to thank publicly, on behalf of my Committee, all

the hundreds of people who have played any part in the achievement that is the new Jersey Airport. I congratulate every member of staff for their efforts and patience in working through long, long periods of constant noise and disruption in their working environment; and I thank the travelling public for their forbearance over the last four years since we began.

A f in al word. The three causes of the extra costings identified in R.C.13/98 were entirely unforeseeable

when we began. I ask members to note that, excluding the total of these items which, together, constitute an additional nine per cent on the budget figures agreed with the Finance and Economics Committee, this very large, very complex project in Jersey terms, was brought in ON BUDGET."

Agricultural loan repayments – resignation of President of the Agriculture and Fisheries Committee – statement

The President of the Agriculture and Fisheries Committee made a statement in the following terms –

" P r io r to nominating the members of my Committee in December 1996, I visited the Department of Agriculture and Fisheries, in order to familiarise myself with the workings of the Department. As part of that process, I asked to see recent Committee Minutes.

A C o mmittee Act of 25th November 1996 aroused my concern, since it stated, in part, that –

T h e C o m mittee considered the following instances of persons who had fallen into arrears with their agricultural loan repayments –

( a ) J .A  . Le Maistre, La Maison de la Trappe, Millais, St.  Ouen.'

T h e Minutes also stated that Mr. Le Maistre was no longer farming, and recorded the sum which was

outstanding on loans. The figures mentioned are personal and are not relevant in the context of this statement. The discovery of that Committee Act caused me to feel obliged to withdraw my invitation to Senator Le Maistre to be a member of the new Committee. However, the statement that Senator Le Maistre had fallen into arrears with (his) agricultural loan repayments' was incorrect. He was not in fact in arrears at all.

F o l lo wing that meeting of the Committee, the Chief Officer caused to be drawn up a formal notice

requiring repayment of the sum outstanding. That notice was signed and dated 28th November 1996. Unfortunately, it was never received by Senator Le Maistre. The copy of the notice, which was to have been sent to a member of staff at the States Treasury, was also not received. The likelihood, therefore, is that the notice was never actually sent. The Department's file shows that a letter was sent to Senator Le Maistre on 7th November 1996, enquiring whether he was still in farming. Senator Le Maistre states that this letter too was never received.

M o r e importantly, an earlier letter dated 15th November 1995 from the Department to Senator Le Maistre

had been received. Following that letter, Senator Le Maistre believed that there was an agreement in place for him to repay loans in December 1996 and February 1997. That agreement was duly honoured.

F r o m  the  perspective  of  Senator  Le  Maistre,  therefore,  as  the  end  of  1996  approached,  he  had  an