States Minutes 19th May 1998

THE STATES assembled on Tuesday, 19th 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 Richard Joseph Shenton – out of the Island

M a l c olm Pollard, Connétable of St.  Peter – ill

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

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

M a r g aret Anne Le Geyt, Deputy of St.  Saviour – out of the Island Ja c q u eline Jeannette Huet, Deputy of St.  Helier – out of the Island.

____________

Prayers ____________

Tribute to the late Major J.R.C. Riley, former member of the States

The Bailiff paid tribute to the late Major John Roland Christopher Riley, former Senator and Deputy of St.  Helier. THE STATES observed one minute's silence as a mark of respect.

Subordinate legislation tabled

The following enactments were laid before the States, namely –

  C o u r t o f Appeal (Remuneration of Ordinary Judges) (Jersey) Order 1998.  R & O 9230.

  R o y a l C  ourt (Remuneration of Commissioners) (Jersey) Order 1998. R & O 9231.

Matters presented

The following matters were presented to the States –

  Ma   ins   dr  ains – connection to all properties: petition (P.108/98) – report – P.103/98. P re s e nted by the Policy and Resources Committee.

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

  E m  plo y ment and Social Security Committee: annual report and accounts 1996/1997. P re s e nted by the Employment and Social Security Committee.

  St a t e s o f Jersey Fire Service: report for 1997. P re s e nted by the Defence Committee.

Matters noted – land transactions

THE STATES noted an Act of the Finance and Economics Committee, dated 11th May 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 ) a s recommended by the Education Committee, the lease to the Jersey Electricity Company Limited of

the site of an electricity sub-station at Haute Vallée School, Mont-à-l'Abbé, St. Helier, for a period of 99 years at an annual rent of£1 payable in full upon signing of the contracts in relation to the Company's sub-station No. 607, together with the granting of standard wayleave rights to the Company free of charge in accordance with Plan No. 21Y (reference P.1025) dated 19th June 1997, on the basis that each party will be responsible for its own legal costs arising from the transaction;

(b ) as recommended by the Agriculture and Fisheries Committee, the sale to Mr. Donald Ernest Rault of

part of Field No.  864, at Le Rondin Farm, Trinity , for the sum of£10, the land to be sold without offset, the contract to include a clause agreeing the boundary of Field No.  853 and Le Petit Chalet, Trinity in accordance with two boundary stones positioned at either end of the boundary, and with Mr.  Rault to be responsible for the Committee's legal fees;

(c ) as recommended by the Sport, Leisure and Recreation Committee, the lease to the Jersey Petanque

Club of land and premises at the Les Quennevais Sports Ground, St. Brelade, for a period of nine years deemed to have commenced on 1st April 1997, with a starting annual rent of £400 payable half-yearly in advance, to be reviewed annually in line with the Jersey Retail Price s Index, and with the lessee to make ten annual payments of £1,000 from 1997 to 2006 in respect of the repayment of monies expended by the Committee in establishing club facilities, on the basis that each party would be responsible for its own legal costs arising from the transaction.

Matter noted – acceptance of tender

THE STATES noted an Act of the Finance and Economics Committee, dated 11th May 1998, showing that, in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that the Health and Social Services Committee had accepted the lowest of five tenders, namely that submitted by Mercury Construction (1995) Limited in the sum of £680,393.25 in a contract period of 42 weeks, for the construction of the Sandybrook Day Care Centre, St. Peter.

Matters lodged

The following matters were lodged "au Greffe" –

  St r a t e g ic reserve: allocation of funds – P.89/98.

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

  J er s e y Airport: lease to Hi-Speed Freight Limited – P.90/98. P re s e nted by the Harbours and Airport Committee.

  F r is c o , 3 Clos de Clement, St.  Peter: purchase and rescission of Act – P.91/98. P re s e nted by the Harbours and Airport Committee.

L a C o lle tte, St. Helier: lease to Ronez Limited – P.92/98. P re s e nted by the Harbours and Airport Committee.

B e llo z a nne sewage treatment works upgrade – P.93/98. P re s e nted by the Public Services Committee.

D r a f t H arbours (Administration) (Amendment No. 4) (Jersey) Law 199 – P.94/98. P re s e nted by the Harbours and Airport Committee.

D r a f t B anking Business (Amendment No. 2) (Jersey) Law 199 – P.95/98. P re s e nted by the Finance and Economics Committee.

D r a f t I nsurance Business (Amendment) (Jersey) Law 199 – P.96/98. P re s e nted by the Finance and Economics Committee.

D r a f t D rug Trafficking Offences (Exemption for Regulators) (Jersey) Regulations 199 – P.97/98. P re s e nted by the Finance and Economics Committee.

D r a f t D ata Protection (Regulation of Financial Services) (Subject Access Exemption) (Amendment No. 3)

(Jersey) Regulations 199 – P.98/98.

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

D r a f t R egistration of Business Names (Amendment) (Jersey) Law 199 – P.99/98. P re s e nted by the Finance and Economics Committee.

  D r a f t C ollective Investment Funds (Jersey) Law 199  – P.100/98. P re s e nted by the Finance and Economics Committee.

D r a f t F inancial Services Commission (Jersey) Law 1998 (Appointed Day) Act 199 – P.101/98. P re s e nted by the Finance and Economics Committee.

  D r a f t F inancial Services Commission (Amendment) (Jersey) Law 1998 (Appointed Day) Act 199 – P.102/98. P re s e nted by the Finance and Economics Committee.

  Ma   nu   a l worker posts: outsourcing – P.104/98. P re s e nted by Senator R.J. Shenton.

C hur c h of England: ordination of women measures – P.105/98. P re s e nted by the Legislation Committee.

N uc le a r waste discharges into the marine environment – P.106/98. P re s e nt by Senator S. Syvret

Nuclear waste discharges into the marine environment – P.102/97. Withdrawn

THE STATES noted that Senator Stuart Syvret had withdrawn the proposition regarding Nuclear waste discharges into the marine environment – (P.102/97 – lodged "au Greffe" on 8th July 1997 and referred to the Policy and Resources Committee) having lodged a revised proposition at the present meeting (P.106/98).

Arrangement of public business for the next meeting on 2nd June 1998

THE STATES acceded to the request of Deputy Alan Breckon of St.  Saviour that consideration of the proposition regarding Shops: Sunday trading (P.60/98 – lodged "au Greffe" on 31st March 1998) be deferred from 2nd June 1998 to a later date.

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 2nd June 1998 –

Je r s e y Financial Services Commission: appointment of Commissioners – P.88/98. F in a n ce and Economics Committee.

B e ll o zanne sewage treatment works upgrade – P.93/98. L o d g ed: 19th May 1998.

P u b li c Services Committee.

D r a ft Harbours (Administration) (Amendment No. 4) (Jersey) Law 199 – P.94/98. L o d g ed: 19th May 1998.

H a r b ours and Airport Committee.

D r a ft Banking Business (Amendment No. 2) (Jersey) Law 199 – P.95/98. L o d g ed: 19th May 1998.

F in a n ce and Economics Committee.

D r a ft Insurance Business (Amendment) (Jersey) Law 199 – P.96/98. L o d g ed: 19th May 1998.

F in a n ce and Economics Committee.

D r a ft Drug Trafficking Offences (Exemption for Regulators) (Jersey) Regulations 199  – P.97/98. L o d g ed: 19th May 1998.

F in a n ce and Economics Committee.

D r a ft Data Protection (Regulation of Financial Services) (Subject Access Exemption) (Amendment No.  3)

(Jersey) Regulations 199 – P.98/98.

L o d g ed: 19th May 1998.

F in a n ce and Economics Committee.

D r a ft Registration of Business Names (Amendment) (Jersey) Law 199  – P.99/98. L o d g ed: 19th May 1998.

F in a n ce and Economics Committee.

D r a ft Collective Investment Funds (Jersey) Law 199 – P.100/98. L o d g ed: 19th May 1998.

F in a n ce and Economics Committee.

D r a ft Financial Services Commission (Jersey) Law 1998 (Appointed Day) Act 199 – P.101/98. L o d g ed: 19th May 1998.

F in a n ce and Economics Committee.

D r a f t Financial Services Commission (Amendment) (Jersey) Law 1998 (Appointed Day) Act 199  –

P.102/98.

L o d g ed: 19th May 1998.

F in a n ce and Economics Committee.

C h u r ch of England: ordination of women measures – P.105/98. L o d g ed:19th May 1998.

L e g is lation Committee.

N u c le ar waste discharges into the marine environment – P.106/98. L o d g ed: 19th May 1998.

S en a t or S. Syvret.

Payment of legal costs – questions and answers (Tape No. 445)

Deputy Terence John Le Main of St.  Helier asked Senator Frank Harris on Walker , President of the Finance and Economics Committee, the following questions –

" 1 . (a) Would the President confirm that the Finance and Economics Committee has agreed to pay the legal costs of Dr. Robert Young recently involved in a prosecution before the Royal Court on fraud charges?

( b ) I f t h e answer to (a) is in the affirmative, would the President advise members of the reason for

this decision, the criteria on which it was based and the amount of money paid out?

( c ) W  o u ld the President inform members where the defendant, Dr.  Young stayed during this Court

trial, who paid the cost of his accommodation and from which vote of credit or otherwise were these monies paid?

2 . ( a) Would the President inform members how much in public funds has been paid out to defendants

in the last five years in similar manner and circumstances?

( b ) W  o u ld the President inform members why the Finance and Economics Committee did not inform

States members of this use of taxpayers' money?"

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

" 1 . (a) I can confirm that following an approach in November 1997 from the Attorney General, my Committee agreed to make an ex gratia payment towards the defence costs of Dr. Robert Young.

( b ) T  h e background to the Committee's decision is as follows. Until October 1997 Dr.  Young had

been represented by Advocate Le Quesne of Messrs. Vibert and Valpy. At that time Advocate Le Quesne informed the Attorney General and the Bâtonnier (who is responsible for the allocation of legal aid) that Young was no longer able to pay his fees and it would therefore be necessary to appoint a new advocate under the legal aid scheme to represent Young. Under the legal aid scheme advocates of less than 15 years' standing represent persons who cannot afford to pay their lawyer. Although some fees may be payable where the client can afford it, the majority of such representation is carried out for no remuneration on the part of the lawyer. Advocate Le Quesne is over 15 years seniority and is therefore not on the legal aid rota.

 T h e ca s e w a s of unprecedented length and complexity. At the time the Committee took its

decision it was estimated that the case itself would last for up to three months in Court and that up to a further three months' preparation time would be required to be spent by the advocate concerned working exclusively on the matter. In other words an advocate would be required to spend up to six months working exclusively on the matter and therefore unable to act for other clients.

A  ft e r d i s c u ss i on with the Bâtonnier the Attorney General wrote to the Committee and advised

that  in  his  opinion  it  was  unreasonable  to  expect  an  advocate  to  work  for  no  remuneration  for  up  to  six

consecutive months. Indeed he considered that it might place the Island in breach of Article  4(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms to so insist. He therefore recommended that the Committee should make an ex-gratia contribution towards the fees of any advocate appointed to act for Dr.  Young on legal aid. There was precedent for this. As an alternative he informed the Committee that Advocate Le Quesne had offered to continue to represent Mr.  Young subject to the Committee agreeing to contribute towards his fees.

 T h e C o m  m i tt ee agreed that it would be unreasonable to require an advocate to act for no

remuneration for six months and agreed therefore that it should contribute towards the costs of the defence. However it left to the Attorney General the decision as to whether this contribution should be by way of the appointment of an advocate on the legal aid system or the continued appointment of Advocate Le Quesne.

 T h e A t to r n e y  General  subsequently  informed  the  Committee  that  he  had  decided  that  the

continued appointment of Advocate Le Quesne was the preferred solution in the interests of justice. In particular he had taken into account that Advocate Le Quesne was already familiar with the case and it was therefore likely that the trial date, which had been fixed for early February, could be maintained if Advocate Le Quesne were to act. If a new advocate were appointed and had to familiarise himself with the case, it was almost certain that the trial date would have had to be adjourned. This would have caused great difficulty because of the detailed arrangements which had been put in place for witnesses from various places around the world to  attend to give evidence.

A  rt ic l e 6 ( 3 ) (c ) of the European Convention for the Protection of Human Rights and Fundamental

Freedoms requires a member state to ensure that, in criminal cases, free legal representation is available  to  persons  accused  of  crime  where  they  cannot  afford  a  lawyer.  In  Jersey  that obligation  is  fulfilled  by  means  of  the  legal  aid  scheme  whereby  lawyers  act  for  no remuneration if necessary. Finance and Economics Committees have on previous occasions acknowledged that, in exceptionally long cases, this can place unreasonable demands upon a lawyer and it was for that reason that the Committee agreed to contribute towards the defence costs in this case of unprecedented complexity.

S i n c e m  y C  o m mittee's decision in December 1997 a total of £97,612.70 has been paid in respect

of these defence costs. That amount is broken down as follows –

Fees  of  Advocate  Le : £85,802.50 Quesne

Disbursements : £11,810.20

TOTAL : £97,612.70

F e e n o te s h a v e been vetted by the Judicial Greffier and paid by the Law Officers Department out

of the Court and case costs vote which is an annual vote of credit in the Finance and Economics Committee budget used to pay fees and other costs arising out of court proceedings.

I n a d d it io n , a n d for similar reasons, on 23rd March 1998 my Committee agreed in principle to

make an ex gratia payment to the advocate representing Dr.  Young's co-accused Mr. Alfred Williams. The basis

of this payment was to be assessed at the end of the trial but this exercise has not yet taken place.

( c ) M  y C ommittee did not agree to meet the cost of accommodation for Dr.  Young when considering

the ex-gratia payment referred to in my previous answer. Under the legal aid scheme, the Greffier is entitled to authorise expenses incurred by legally aided defendants and to meet them out of the Court and case costs vote. The Committee decided that Dr.  Young should be treated no differently to any other defendant in this respect and the decision was therefore left to the Judicial Greffier. The Judicial Greffier authorised costs up to a maximum of £35 per night. During the trial Dr.  Young stayed in a local hotel and a total of£1,102 has been paid out of the Court and case costs vote for that accommodation. This sum is included in the disbursements of £11,810.20 referred to in my last answer.

2 . ( a) There have been no other payments of this nature made in the last five years. Ex-gratia payments

have however been made in the past to defence lawyers appointed under the legal aid scheme in cases where the length or complexity of the case is such that it would have been unreasonable to expect defence advocates to undertake the case with no payment. The last such payment was made in respect of a murder trial which took place in 1991.

( b ) I t i s normal practice that the States are informed annually as to the total expenditure incurred on

Court and case costs. This figure was included in the 1997 Financial Report and the amount was £2,973,869."

Fisheries protection vessels – questions and answers (Tape No. 445)

Deputy Philip John Rondel of St.  John, asked Deputy Harry Hall ewell Baudains of St.  Clement, President of th Agriculture and Fisheries Committee, the following questions –

" 1 . Recently the Island took delivery of a new fisheries protection vessel, the Norman Le Brocq. Would the President give the price paid for the vessel and the date of purchase, plus the engine hours the vessel has run to date?

2 . W ould the President also inform the Assembly –

( i) w h a t price was obtained on the sale of the original vessel the Howard Davis;

( ii ) w  h at was the vessel's original purchase price and the date of original purchase?

(i ii ) th e total engine hours that the Howard Davis had completed whilst in the service of the

Agriculture and Fisheries Committee?"

The President of the Agriculture and Fisheries Committee replied as follows –

" 1 . The vessel cost £459,260. (The Guernsey vessel cost £500,000 at this stage of completion). In addition, the electronics, fishing equipment, legs and spare props cost a further £55,440; and the Searider cost £14,300; giving a total of £529,000.

T h e c o n su ltant's fee was £11,500.

T r a v e l, hotel  and  eight  days' training  plus  examination  (for  the  Certificate  of  Competence

Yachtmaster Offshore Power) cost £9,000.

T h u s , t h e final cost of the vessel including full registration and Lloyds certification and training the

staff to efficiently and safely manage it cost £549,500 against a Capital Vote of £550,000.

T h e b o a t was ordered in December 1996 and the final payment will made be on 20th November 1998.

The vessel has run for 264.3 hours.

2 . ( i)  £28,750 less the standard commission giving £26,450 net.

( ii ) £ 4 5 , 393. Ordered 30th November 1989. Delivered 23rd March 1990. ( ii i) 2 ,8 1 0 hours."

Road accidents involving injury to pedestrians and cyclists – question and answer (Tape No.  445)

Deputy Alan  Simon Crowcroft of St.  Helier asked Deputy Michael Adam Wavell of St.  Saviour, President of th Defence Committee, the following question –

" W  o uld the President of the Defence Committee provide a breakdown of the numbers of incidents resulting  in  injury  to  pedestrians  and  cyclists  on  Island  roads  over  the  past  five  years  (1993-1997 inclusive). Would he further provide figures for the first four months of 1998 (January to April)?"

The President of the Defence Committee replied as follows – "Pedestrians injured on Island roads

1993 103 1994 81 1995 75 1996 81 1997 84

It is only possible to give figures for the first three months of 1998 – 14  pedestrians were injured during

this period. It should perhaps be taken into consideration that the number of people who cycle has in fact increased over the last few years.

"Cyclists injured on Island roads

1993 46 1994 49 1995 53 1996 54 1997 54

It i s o nly possible to give figures for the first three months of 1998 – 17 cyclists were injured during this

period.

A breakdown of these figures into the category of slight, serious or fatal injury is set out in the schedule to this answer and I have asked the Chief Officer, States of Jersey Police to liaise with the Public Services and Driver and Vehicle Standards Departments to ensure that more detailed statistics which give location, times and dates etc. are readily available in future.

I would also like to take this opportunity of repeating some road safety advice –

I t i s in the interests of all cyclists to wear protective helmets when cycling and to obey road regulations at

all times.

C h i ld ren should take the opportunity of undergoing a cycling proficiency course – 30 cycling proficiency

courses are planned for this year and information on this can be obtained from the road safety section at the Driver and Vehicle Standards Department.'

Schedule

Pedestrian casualties

Year Slight Serious Fatal Total

1993 82 20 1 103 1994 66 13 2 81 1995 63 12 0 75 1996 64 17 0 81 1997 76 8 0 84 1998 11 2 1 14 (first quarter)

Cyclist casualties

Year Slight Serious Fatal Total

1993 38 8 0 46 1994 41 7 1 49 1995 48 5 0 53 1996 44 10 0 54 1997 45 8 1 54 1998 17 0 0 17 (first quarter)"

Manual workers' dispute over outsourcing – statement

The President of the Establishment Committee made a statement in the following terms –

" A s m embers will be aware, States manual workers have been taking industrial action since 6th April this year, culminating in yesterday's strike.

T h e y have taken this action in order to prevent the Education Committee from exercising its contractual and management right to relocate cleaning staff from the Jersey College for Girls (JCG) to other schools

within the Education Service. The Transport and General Workers Union (TGWU) has also categorically stated its intention of putting a halt to any outsourcing of States manual worker jobs, now and in the

future.

In o r der to place the proposition being lodged by Senator R.J. Shenton today into context, I believe that

members should be updated on the key points affecting the dispute so far.

T e n years ago, in 1988, the Education Committee was already supplementing its direct manual worker

cleaning workforce by using private contractors in some 13  schools. Since then, it has been the policy of the Education Committee, with the full knowledge of the TGWU, to contract out the cleaning of new schools or extensions to existing schools.

T h i s has been to meet the demands of increased capacity in the schools, whilst complying with States

policy on manpower control. If Education did not use contract cleaners, approximately 50 extra part-time manual workers would have to be employed by the Department.

T h e Education Committee's policy is also in accordance with the States policy that Committees should

look to outsource non-core services, where quality can be assured.

In a c cordance with this policy, and in line with the contracts of employment of the staff concerned, the

Education Committee intends to relocate cleaning staff at the existing JCG to other more modern schools without any loss to them of job security, hours or pay, terms and conditions of service whatsoever, or indeed numbers of manual workers employed by the Education Committee.

W  h e ther the JCG cleaners move to the new school in 1999 or transfer elsewhere within the Education

Service, a cleaning contractor will be required at the new JCG site. It is much larger than the old school and requires additional cleaning capacity beyond that provided by the current staff.

B y em ploying a contractor at the new site and moving the JCG cleaning staff to other schools, Education

will be able to cope with additional cleaning capacity in two primary schools which have recently been extended. If the Union has its way, there will have to be contractors at the new JCG site and two primary schools. Education's proposals restrict the use of contractors to one school instead of three. The Union leadership has been aware of this from the outset.

T h e i ssue concerning the JCG cleaners is not, therefore, one of privatisation. It is far more fundamental. It

is a question of whether a States Committee or the Transport and General Workers Union will determine the deployment of staff.

N e v e rtheless, the Union has seen the JCG issue as a linchpin in its fight against privatisation. There has

been much emotional and misleading comment made concerning the privatisation of States manual worker jobs. To put this into context, it is worth emphasizing that not one manual worker has been made compulsorily redundant in order to make way for the use of private contractors. Nor are there any plans for compulsory redundancies in the foreseeable future.

T h e r e has been much talk of the threat to local manual worker jobs from privatisation and I believe that some parties to this dispute are guilty of playing on unnecessary and unfounded fears. Let us be very

clear, for example, that the employment security of the JCG cleaners has never been at risk. The employer has effectively offered those cleaners a job for life. I know of no other employer in Jersey who has guaranteed such security. It demonstrates the reasonableness with which the employer has approached

this issue.

I w o uld also remind members that the Employers' Side has offered a number of concessions to the

Transport and General Workers Union, both prior to and during the dispute, in order to address the manual workers concerns regarding the outsourcing policy. In summary –

t h e P r e s id ent of the Education Committee has formally guaranteed that the JCG cleaners will remain

at the JCG until such time that the States has agreed an outsourcing policy;

th e P o l ic y and Resources Committee has effectively offered the TGWU a freeze on all further

outsourcing of States manual worker jobs (including the cleaning jobs at JCG) until the States agree a policy on outsourcing, which would have due regard to issues such as terms and conditions of service of employees undertaking contract work in States departments and protecting the position of local residents;

o f e q u a l importance, the offer also contained an opportunity to the TGWU to influence the draft policy before it is debated in the States;

o v e r th e weekend, Mr. Brian Le Marquand offered his services as an independent mediator in an effort to identify a settlement between the parties. I would like to extend my thanks to Mr. Le Marquand for his efforts. Further compromises were offered which guaranteed the employment security of the JCG cleaners and increased the likelihood that cleaning services at JCG would remain within the public sector, albeit through the Public Services Department. This would have concentrated cleaning services under one Department, with proven management expertise in this area, and achieved gains in efficiency and effectiveness through economies of scale;

i n a d d i ti o n, having been invited by the Union to intervene in the dispute, Senator Shenton will today

lodge a proposition that asks the States to call a halt to the outsourcing of manual worker jobs.

Notwithstanding all the efforts made by the employer to offer the Union genuine opportunities to negotiate and debate the way forward in a democratic way, the Island remains in the grip of industrial action as the Union attempts to use industrial strength to force its view on the employer at any cost. Members will note that the Union leadership refused to recommend acceptance of the proposed settlement at yesterday's mass meeting of manual workers.

The Union has made much play of its willingness to negotiate. I would remind members that the Union entered this dispute with the stated aim of ensuring that the JCG cleaners move to the new school when it opens in 1999. Its position now, nearly two months later, is that the cleaners must move to the new school and, furthermore, that there must be a complete halt to the outsourcing of manual worker jobs.

The General Secretary of the Transport and General Workers Union stated on his visit to the Island last week that both parties should negotiate, negotiate, negotiate'.

This is at complete odds with what the local leadership of the Union are doing. Whilst preaching negotiation, they are insisting that the only way forward for such negotiations is for the employer to give in to their demands. Despite the offers made by the employer, they have not moved from this position one iota from day one of this dispute.

I therefore welcome Senator Shenton's proposition as an opportunity to confirm, through the democratic process, whether the States wishes to pursue its policy objectives concerning manpower control and outsourcing of non- core services. Members should be under no illusions as to how fundamental the issues raised by the proposition will be to the ability of the States to manage its manpower resources.

Effectively, members will be asked to decide whether the authority to decide and implement States policy should be vested in the States and its Committees or subject to the veto of the Transport and General Workers Union. That is the stark reality of both Senator Shenton's proposition and the demands made by the Union leadership in this dispute.

If the States were to agree to Senator Shenton's proposition, it would –

ef f e c tively stop the outsourcing policy before it is even debated by this House;

s tr a n gle any realistic hopes of genuine flexibility in the employment and deployment of States manual

workers.

I wrote to Mr. Kavanagh last Friday asking that, in view of Senator Shenton's proposition, he call off yesterday's strike and the work to contract. Yesterday, the Union leadership spurned the opportunity to recommend to its members a reasonable  and dignified way forward in both resolving the current dispute and addressing  the concerns, real or imaginary, concerning the States policy on outsourcing.

I will now repeat my appeal to the Union leadership. The States and the public of this Island are well aware of the strength of feeling amongst manual workers concerning the outsourcing policy. The employer has tabled offers that provide the opportunity to address those concerns. Further industrial action serves only to discredit their cause and damage our Island community. I would urge the Union to refrain from any further industrial action and accept the employers offers to resolve the matter through democratic means."

New North Quay, St. Helier: lease of accommodation – P.66/98

THE STATES, adopting a proposition of the Harbours and Airport Committee –

(a ) approved the lease to B.J. Transport (Jersey) Limited of the southern unit of the New North Quay

warehouse, St. Helier (designated Letting No. N16), measuring 4,760 square feet, for a period o three years commencing 1st February 1998, at an annual rental of £22,372 (representing a rate of £4.70 a square foot), subject to annual review in line with the Jersey cost of living index;

(b ) a uthorised the Greffier of the States to sign the necessary lease; and

(c ) a uthorised the Treasurer of the States to receive the rent as it became due.

Parish Rate Appeal Board: appointment of member – P.68/98

THE STATES, adopting a proposition of the Finance and Economics Committee and in pursuance of Article  14 of the Parish Rate (Administration) (Jersey) Law 1946, as amended, appointed Mr.  Jeremy James Robin Johnson as a member of the Parish Rate Appeal Board, in place of Advocate Richard Francis Valpy Jeune , for the period ending 30th September 2000.

Limited Liability Partnerships (Insolvent Partnerships) (Jersey) Regulations 1998 – P.53/98

THE STATES, in pursuance of Articles 44 and 45 of the Limited Liability Partnerships (Jersey) Law 1997, made Regulations entitled the Limited Liability Partnerships (Insolvent Partnerships) (Jersey) Regulations 1998.

Limited Liability Partnerships (Jersey) Law 1997 (Appointed Day) Act 1998 – P.54/98 and P.76/98

THE STATES commenced consideration of the draft Limited Liability Partnerships (Jersey) Law 1997 (Appointed Day) Act 199 and accepted an amendment of Deputy Alan Simon Crowcroft of St. Helier that in paragraph 1 for the words"the first day of May 1998" there should be substituted the words "the ninth day of September 1998".

THE STATES, in pursuance of Article  50 of the Limited Liability Partnerships (Jersey) Law 1997 made an Act entitled the Limited Liability Partnerships (Jersey) Law 1997 (Appointed Day) Act 1998.

Le Marais, St. Clement – refurbishment Phases I and II: approval of drawings – P.80/98 THE STATES, adopting a proposition of the Housing Committee –

(a ) approved drawings Nos. 3932/03B, 3932/04B, 3932/05B, 3932/06A, 3932/09, 3932/12 and 3932/14

showing Phases I and II of the refurbishment of the high rise blocks of flats at Le Marais, St. Clement;

(b ) a uthorised the Greffier of the States to sign the said drawings on behalf of the States. Policing of the Island – P.49/98, P.84/98 and P.86/98

THE STATES commenced consideration of the proposition of the Defence Committee regarding the policing of the Island and adopted sub-paragraphs (a) and (b) of paragraph (1).

Sub-paragraph (c) of paragraph (1) was adopted, the States having accepted an amendment of Deputy Frederick John Hill of St.  Martin, that for the words"issuing an annual policing plan", there should be substituted the words "issuing an annual report reflecting achievements, a policing plan and budget details".

Deputy Maurice François Dubras of St. Lawrence withdrew his amendment that, in sub-paragraph (c), for the word "Force" there should be substituted the word "Service".

Paragraphs (2) and (3) were adopted.

Paragraph (4) was adopted, the States having accepted an amendment of Deputy Frederick John Hill of St. Martin that, in the fourth line of the paragraph, after the words "Defence Committee" there should be inserted the words "within two years".

Paragraph (5) was adopted.

THE STATES, adopting the proposition as amended –

(1 ) a pproved the establishment by law of a Police Authority with responsibility for –

( a ) s e cu r ing the maintenance of effective and efficient policing throughout the Island;

( b ) se t ti ng local objectives and performance targets for the States of Jersey Police Force and the

honorary police;

(c ) is s u ing  an annual report reflecting achievements, a policing plan  and budget details  to be

presented to the States and published;

(2 ) a greed –

( a ) th a t t he constitution of the Police Authority should be as follows –

( i ) a n i n d e p endent Chairman appointed by the States on the recommendation of the Defence

Committee;

(i i ) t w o m e mbers of the Defence Committee, not being Connétable s, appointed by that

Committee;

( ii i) t w o C o n n étables appointed by the Comité des Connétable s;

( i v )  tw  o i n d e pendent persons appointed by the States on the recommendation of the Defence

Committee following an open selection procedure involving the Attorney General and the Defence Committee,

t h e S t a te s appointments to be made following consideration in camera;

 ( b ) th a t , subject to paragraph  (4), the Authority's term of office should be three years and that

appointments might be made to fill any vacancies occurring during the Authority's term of office;

(3 ) approved the recommendations in paragraph  2.2 of the Report of the Working Party on Policing in

the Island dated 5th December 1997, as follows –

( a ) t h a t the office of Chef de Police for each parish, be established by law to have charge of the

honorary police within the parish and perform such other duties as may be prescribed by law; and that the Connétable s should cease to fulfil an operational policing role but retain overall responsibility for the effective and efficient policing of their parish;

( b ) t h at posts of Chairman, and Deputy Chairman, of the Honorary Police, and the responsibilities of

the respective posts, be established by law;

( c ) t h a t the Centeniers Association and the Association of Vingteniers and Constables Officers be

recommended to merge into a single association;

( d ) t h a t the senior Procureur du Bien Public in a parish should be empowered by law to deputise for

the Connétable in the event of the latter's incapacity or absence from the Island;

( e ) th a t the Attorney General be requested to prepare and maintain a Code of Practice covering Parish Hall inquiries and to monitor the consistency of awards and procedures at such enquiries;

(4 ) a greed that, pending the passing of the necessary legislation, the Police Authority should be appointed with the charge, in consultation with all interested parties, to develop and to bring forward to the

Defence Committee within two years an action plan to give effect to recommendations in

paragraph  (3), and any consequential changes that may be necessary; to identify in that action plan the new or

amending legislation, and all administrative measures, necessary to implement the plan; and to charge the Defence Committee to resolve with the Policy and Resources Committee the timetable for drafting the legislation, and in consultation with the Comité des Connétable s, to bring to the States the necessary changes for approval;

( 5 ) charged the Defence Committee, in consultation with the Finance and Economics Committee, to

ensure that sufficient funds are made available to support the work of the Authority.

Members present voted on the proposition, as amended, as follows –

"Pour" (45)

Senators

H o r sf all, Rothwell, Le Maistre, Stein, Bailhache , Syvret, Tomes, Norman, Walker , Kinnard. Connétable s

S t. C lement, St. Lawrence, St.  Mary, St.  Brelade, Grouville , St.  Martin, St.  Ouen, St.  John. Deputies

W a v ell(S), H. Baudains(C), Le Sueur(H), Coutanche(L), St. Mary, S. Baudains(H)T,rinity, Pullin(S),

Johns(H), Duhamel(S), Routier(H), Dorey(H), Layzell(B), Breckon(S), Grouville , St.  Martin, St. John, Le  Main(H), Blampied(H), Rabet(H), Crowcroft (H), Vibert (B), de  la  Haye(B), LCe ornu(C), St.  Peter, Dubras(L), St.  Ouen.

"Contre" (1)

Connétable

S t. H elier.

Regulation of Undertakings and Development (Amendment No. 9) (Jersey) Regulations 1998 – P.22/98

THE STATES, in pursuance of Article  2 of the Regulation of Undertakings and Development (Jersey) Law 1973, as amended, made Regulations entitled the Regulation of Undertakings and Development (Amendment No.  9) (Jersey) Regulations 1998.

Members voted on the preamble as follows –

"Pour" (34)

Senators

H o r sf all, Rothwell, Le  Maistre, Stein, Bailhache , Syvret, Tomes, Walker , Kinnard. Connétable s

S t. C lement, St. Lawrence, St.  Mary, StB. relade, St.  John.

Deputies

H . B audains(C), Le Sueur(H), Coutanche(L), St. Mary, S. Baudains(H), Trinity P,ullin(S), Johns(H),

Duhamel(S), Routier(H), Layzell(B), Breckon(S), Grouville , St. Martin, Vibert (B), de la Haye(B Le Cornu(C), St. Peter, Dubras(L),St. Ouen.

"Contre" (7) Senator

N o r m an.

Connétable

G r o u ville.

Deputies

D o r e y(H), St.  John, Le Main(H),Blampied(H), Rabet(H).

Stopford Court, Stopford Road, St.  Helier: transfer of administration of land – P.56/98

THE STATES, adopting a proposition of the Housing Committee, approved the transfer of administration from the Housing Committee to the Public Services Committee of a small area of land to the north-east of Stopford Court, Stopford Road, St.  Helier.

OTC Housing development, First Tower, St. Helier: lease of shop units – P.57/98 Revised THE STATES, adopting a proposition of the Housing Committee –

1 . a pproved the lease by the public for a term of 21  years, commencing on a date to be agreed between

the Committee and the lessees, on an internal repairing lease, of two new shops at the OTC Housing Development, First Tower, St.  Helier, as follows –

S h o p A to B lades Hairdressing Limited at a commencing rental of £13,000 a year, payable quarterly in advance, with each party being responsible for its own legal fees;

S h o p B t o E d  gar Holdings Limited, trading as Village Pharmacy, at a commencement rental of

£14,500, a year, payable quarterly in advance, with the lessee being responsible for the public's legal fees;