The official version of this document can be found via the PDF button.
The below content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments.
THE STATES assembled on Tuesday, 1st December 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 Vernon Amy Tomes – ill
F ra n c is Herbert Amy, Connétable of Grouville – ill
A l as t air John Layzell, Deputy of St. Brelade – out of the Island.
____________
Prayers ____________
Tribute to the late Mr. E.J. Le Brocq, former Connétable of St. Peter
The Bailiff paid tribute to the late Mr. Edward John Le Brocq, a former Connétable of St. Peter. THE STATES observed one minute's silence as a mark of respect.
Tribute to the late Mr. W.G. Mahoney, former Deputy of St. Helier
The Bailiff paid tribute to the late Mr. William George Mahoney, a former Chief Officer of the States of Jersey Fire Service and Deputy of St. Helier.
THE STATES observed one minute's silence as a mark of respect. Tribute to Lady Le Masurier
The Bailiff paid tribute to the late Lady Le Masurier, widow of the late Sir Robert Le Masurier, a former Bailiff of Jersey.
THE STATES observed one minute's silence as a mark of respect.
Subordinate legislation tabled
The following enactments were laid before the States, namely –
Me r c ha nt Shipping (Small Ships Register) (Amendment No. 2) (Jersey) Order 1998. R & O 9318. P ilo t a g e (Dues and Fees) (Amendment No. 10) (Jersey) Order 1998. R & O 9319.
B a nki ng Business (General Provisions) (Amendment No. 3) (Jersey) Order 1998. R & O 9320.
B ui ldin g Bye-Laws (Amendment No. 2) (Jersey) 1998. R & O 9321.
Is l a n d P lanning (Fees) (Amendment No. 2) (Jersey) Order 1998. R & O 9322.
Is l a n d P lanning (Designation of Sites of Special Interest) (No. 6) (Jersey) Order 1998. R & O 9323.
Public Services Committee – resignation of President
THE STATES accepted the resignation of Senator Vernon Amy Tomes as President of the Public Services Committee.
Public Services Committee – vacancy in Presidency
In accordance with Article 28(3) of the States of Jersey Law 1996, the Bailiff gave notice that there was a vacancy in the office of President of the Public Services Committee.
Housing Committee – resignation of Committee
THE STATES accepted the resignation of Senator Corrie Stein, President of the Housing Committee, together with the members of the
Committee.
Housing Committee – vacancy in Presidency
In accordance with Article 28(3) of the States of Jersey Law 1996, the Bailiff gave notice that there was a vacancy in the office of President of the Housing Committee.
Committee of Inquiry to investigate costs of building projects in Jersey – vacancy in Presidency
In accordance with Article 28(3) of the States of Jersey Law 1996, the Bailiff gave notice that there was a vacancy in the office of President of the Committee of Inquiry to investigate costs of building projects in Jersey.
Senator Nigel Lewis Quérée, having declared an interest in the matter, withdrew from the Chamber prior to the nomination of a President.
Committee of Inquiry to investigate costs of building projects in Jersey – appointment of President
THE STATES, on the proposition of Deputy Michael Edward Vibert of St. Brelade,appointed Senator Wendy Kinnard as President of the Committee of Inquiry to investigate costs of building projects in Jersey.
Matters presented
The following matters were presented to the States on 24th November 1998 –
St a t e s m embers' income support and expense allowance: indexation (P.235/98) – comments – P.239/98. P re s e nted by the Finance and Economics Committee.
C a p it a l programme 1999: report – P.240/98.
P re s e nted by the Policy and Resources Committee.
Matters lodged
The following matters were lodged "au Greffe" –
D r a f t P arish Rate (Administration) (Amendment No. 8) (Jersey) Law 199 – P.256/98. P re s e nted by the Legislation Committee.
Se cur it y of tenure law – report of the Working Party – P.257/98. P re s e nted by the Housing Committee.
C o m m it tees of the States: reorganisation –Industry Committee – P.258/98. P re s e nted by the Policy and Resources Committee.
H o us ing modifications for disabled people – P.259/98. P re s e nted by the Housing Committee.
The following matters were lodged "au Greffe" on 24th November 1998 –
D r a f t A griculture (Loans) (Amendment No. 10) (Jersey) Regulations 199 (P.136/98): amendment– P.241/98. P re s e nted by the Agriculture and Fisheries Committee.
D r a f t P roceeds of Crime (Jersey) Law 199 (P.218/98): amendments – P.242/98. P re s e nted by the Finance and Economics Committee.
D r a f t A nsbacher (Jersey) Limited (Jersey) Law 199 (P.236/98): amendments – P.243/98. P re s e nted by Deputy D.R. Maltwood of St. Mary.
St . L a w rence School: approval of drawings – P.244/98. P re s e nted by the Education Committee.
L e s C re ux: transfer of administration of land – P.245/98.
P re s e nted by the Sport, Leisure and Recreation Committee.
Ma nu a l Workers' Joint Council – Employers' Side membership – P.246/98. P re s e nted by the Establishment Committee.
D r a f t A mendment (No. 21) to the Tariff of Harbour and Light Dues – P.247/98. P re s e nted by the Harbours and Airport Committee.
D r af t Harbours (Administration) (Amendment No. 4) (Jersey) Law 1998 (Appointed Day) Act 199 –
P.248/98.
P re s e nted by the Harbours and Airport Committee.
D r a f t H arbours (Amendment No. 28) (Jersey) Regulations 199 – P.249/98. P re s e nted by the Harbours and Airport Committee.
D r a f t H arbours (Amendment No. 29) (Jersey) Regulations 199 – P.250/98. P re s e nted by the Harbours and Airport Committee.
D r a f t B oats and Surf-Riding (Control) (Amendment No. 17) (Jersey) Regulations 199 – P.251/98. P re s e nted by the Harbours and Airport Committee.
D r a f t P ilotage (General Provisions) (Amendment No. 7) (Jersey) Regulations 199 – P.252/98.
P re s e nted by the Harbours and Airport Committee.
D r a f t A gricultural Marketing (Amendment No. 6) (Jersey) Law 199 – P.253/98. P re s e nted by the Agriculture and Fisheries Committee.
C a p it a l programme 2000 – 2002 – P.254/98.
P re s e nted by the Policy and Resources Committee.
O a kf ie ld Playing Field: construction of school – P.255/98. P re s e nted by the Planning and Environment Committee.
Arrangement of public business for the next meeting on 8th December 1998
THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 8th December 1998 –
D r a ft Agriculture (Loans) (Amendment No. 10) (Jersey) Regulations 199 – P.136/98. L o d g ed: 16th June 1998.
A g r ic ulture and Fisheries Committee.
D ra f t Agriculture (Loans) (Amendment No. 10) (Jersey) Regulations 199 (P.136/98): amendment–
P.241/98.
L o d g ed: 24th November 1998.
A g r ic ulture and Fisheries Committee.
H a u t de la Garenne, St. Martin: conversion and redevelopment – P.188/98. L o d g ed: 8th September 1998.
P la n n ing and Environment Committee.
H a u t de la Garenne, St. Martin: redevelopment – P.180/97. L o d g ed: 18th November 1997.
S en a t or L. Norman.
L e s C reux Country Park, St. Brelade: millennium project – P.214/98.
L o d g ed: 20th October 1998 and referred to the Policy and Resources Committee. D e p u ty M.E. Vibert of St. Brelade.
D r a ft Proceeds of Crime (Jersey) Law 199 – P.218/98. L o d g ed: 3rd November 1998.
F in a n ce and Economics Committee.
D r a ft Proceeds of Crime (Jersey) Law 199 (P.218/98): amendments – P.242/98. L o d g ed: 24th November 1998.
F in a n ce and Economics Committee.
D r a ft Family Allowances (Jersey) Regulations 199 – P.228/98. L o d g ed: 17th November 1998.
E m p l oyment and Social Security Committee.
D r a f t Community Provisions (Freezing of Funds of the Federal Republic of Yugoslavia and Serbia)
(Jersey) Regulations 199 – P.229/98.
L o d g ed: 17th November 1998.
F in a n ce and Economics Committee.
D r a ft Community Provisions (Prohibition on Investment in the Republic of Serbia) (Jersey) Regulations
199 – P.230/98.
L o d g ed: 17th November 1998.
F in a n ce and Economics Committee.
D r a ft Public Markets (Administration) (Supplementary Provisions) (Jersey) Regulations 199 – P.231/98. L o d g ed: 17th November 1998.
P u b li c Services Committee.
S im la , Janvrin Road, St. Helier – P.234/98. L o d g ed: 17th November 1998.
P la n n ing and Environment Committee.
S ta t e s members' income support and expense allowance: indexation – P.235/98. L o d g ed: 17th November 1998.
D e p u ty M.F. Dubras of St. Lawrence.
S ta t e s members' income support and expense allowance: indexation – comments – P.239/98. P re s e nted: 24th November 1998.
F in a n ce and Economics Committee.
S t. L awrence School: approval of drawings – P.244/98. L o d g ed: 24th November 1998.
E d u c ation Committee.
L e s C reux: transfer of administration of land – P.245/98. L o d g ed: 24th November 1998.
S p o rt , Leisure and Recreation Committee.
M a n u al Workers' Joint Council – Employers' Side membership – P.246/98. L o d g ed: 24th November 1998.
E s ta b lishment Committee.
D r a ft Amendment (No. 21) to the Tariff of Harbour and Light Dues – P.247/98. L o d g ed: 24th November 1998.
H a r b ours and Airport Committee.
D r a f t Harbours (Administration) (Amendment No. 4) (Jersey) Law 1998 (Appointed Day) Act 199 –
P.248/98.
L o d g ed: 24th November 1998.
H a r b ours and Airport Committee.
D r a ft Harbours (Amendment No. 28) (Jersey) Regulations 199 – P.249/98. L o d g ed: 24th November 1998.
H a r b ours and Airport Committee.
D r a ft Harbours (Amendment No. 29) (Jersey) Regulations 199 – P.250/98. L o d g ed: 24th November 1998.
H a r b ours and Airport Committee.
D r a ft Boats and Surf-Riding (Control) (Amendment No. 17) (Jersey) Regulations 199 – P.251/98. L o d g ed: 24th November 1998.
H a r b ours and Airport Committee.
D r a ft Pilotage (General Provisions) (Amendment No. 7) (Jersey) Regulations 199 – P.252/98. L o d g ed: 24th November 1998.
H a r b ours and Airport Committee.
Capital Projects – questions and answers (Tape No. 481)
Senator Stuart Syvret asked Senator Frank Harris on Walker , President of the Finance and Economics Committee, the following question –
" W i l l the President provide members with a list of all those capital projects which have gone over budget during the period 1990 to the present day, and will he include in his answer the original estimated cost of each project, the actual final cost of each project or in those cases where this is not yet known, the most recent projection of the likely final cost?"
The President of the Finance and Economics Committee replied as follows –
" I n order to obtain all the information requested by the Senator it will be necessary to contact all Committees to establish the latest estimated final cost of all on-going Capital projects. This will take time to co-ordinate and I will therefore bring back a full response to the Assembly at a future States meeting."
Island Site, Weighbridge, St. Helier – statement
The President of the Planning and Environment Committee made a statement in the following terms –
" T h e Planning and Environment Committee decided on Thursday, 26th November 1998 to designate the Island Site a Site of Special Interest under the Island Planning Law (Jersey) 1964 as amended. This follows a Special Committee meeting on 4th November, held in public.
T h e Committee has had the benefit of advice from the Solicitor General, which was that, in deciding
whether to make an SSI order, the Committee is neither entitled, nor obliged to take into account planning matters other than the specific interests that have been identified with reference to Article 9 of the Planning Law; in this case the architectural, historical and cultural interest of the buildings. To do otherwise could be construed as ultra vires, notwithstanding the fact that Committee members are bound to be aware of broader planning and other considerations.
In c o nsidering the question of designation, and in deliberating on the written representations received and
the oral submissions from the Waterfront Enterprise Board, Jersey Bus and others, made at the meeting on 4th November, the Committee was bound, therefore, to set aside secondary issues such as those relating to the future development of the site, the cost and its use as a transportation centre.
T h e c ase for the designation of these buildings was made by Historic Buildings consultant Mr. P. Drury.
His background research on the evolution of the site and the development of public abattoirs in Europe left the Committee in no doubt that these buildings would satisfy the criteria for designation. The case for designation was supported by –
S a v e Je r s ey's Heritage – Advocate C.J. Scholefield and Sir Charles Brett L a S o c ié t é Jersiaise – Mr. R. Anthony
N at i o n al Trust for Jersey – by letter.
T h e Committee took particular note of the comments by Sir Charles Brett who 20 years ago was the
author of a definitive work on the buildings of architectural and historic merit in St. Helier.
N o p art of Mr. P. Drury's appraisal and assessment of the significance of the buildings on architectural,
historical or cultural grounds, was challenged.
T h e C hairman of the Waterfront Enterprise Board accepted that the whole site was of interest but argued
that issues of the future use of the site and economics could not be discounted. He felt that some parts of the site were more important than others.
T h e C hairman of the Waterfront Enterprise Board also accepted that it might be possible to retain the 1834
buildings in Les Ecuries du Port which the Board had proposed to demolish. Neither the Waterfront Enterprise Board's Managing Director Mr. J. Scally nor the Deputy of St. Mary, a director of the Board made submissions on architectural, historical or cultural issues. Mr. C. Lewis , the managing director of Jersey Bus, acknowledged that he had no expertise in this area. Mr. P. Walsh of the Jersey Chamber o Commerce did not question the merits of the buildings.
T h e Planning and Environment Committee wishes to publicly thank all those who made submissions to
the Committee. Their contributions have been extremely helpful to the Committee and they will, ultimately, be helpful to the States. The Committee will be publishing a full report to the States in the form of an R.C.
M em bers should note that the Order speaks in terms of the designation of a number of SSIs within the
Order. This is in order to comply with the requirements of the law because several distinct buildings are involved within the site and the architectural, historical and cultural interest vary from building to building.
S u b m issions about the financial viability of the Waterfront Enterprise Board's approach and Planning and
Environment Committee's brief for development were inconclusive. Additionally, after the meeting of 4th November, the Public Services Committee submitted fresh information which challenged the Planning and Environment Committee's brief in relation to the bus station. It became clear that more work is needed to establish an objective statement of requirements for a transportation centre.
U n t il this work has been completed it will not be possible to satisfactorily resolve all the matters relating
to the redevelopment of the Island Site.
T h e Planning and Environment Committee will be obliged to consider these important issues when it
considers any application for alteration and extension of the buildings which are now designated as a Site of Special Interest. The Committee will need advice on the transport issue in order to deal with any application. We have requested the Public Services Committee to prepare the statement of requirements."
Resignation of Housing Committee – personal statement
Senator Corrie Stein made a statement in the following terms –
"T h e Housing Committee has resigned because it finds itself in an impossible position.
D e p u ty Duhamel disagrees with so many of the Committee's policies on so many occasions that the
Committee feels that his membership is no longer conducive to good government. It is good to have different views, but once a Committee has formulated a policy the Committee members should support that policy.
A l l m embers of the Housing Committee asked Deputy Duhamel to resign some months ago, but he
declined.
T h e o nly way for me is to resign and put myself forward again for re-election next week together with the
other members of the Housing Committee who are fully supportive."
BUDGET 1999 and amendment – P.238/98
THE STATES commenced consideration of the Budget for the financial year commencing 1st January 1999, which in accordance with Article 16 of the Public Finances (Administration) (Jersey) Law 1967, as amended, had been presented to the Assembly on 17th November 1998, by the Finance and Economics Committee and comprised –
(i ) the estimate of the revenue income and of the expenditure of the committees of the States; (i i) the estimate of the transactions of the capital fund;
(i ii ) the estimate of the transactions of the trading funds; and
(i v ) t he Report of the Finance and Economics Committee thereon.
THE STATES, having considered the estimates of the revenue income and of the expenditure of the various committees, decided to allow the amounts of the said estimates as detailed in the undermentioned pages of the Budget as follows –
P o li c y and Resources Committee – Page 6
F in a n ce and Economics Committee – Pages 8 and 9
E s ta b lishment Committee – Page 12
P la n n ing and Environment Committee – Page 15
H e a lt h and Social Services Committee – Pages 18 and 19 E d u c ation Committee – Pages 21 and 22
P u b li c Services Committee – Page 25
A g r ic ulture and Fisheries Committee – Page 28
T o u ri sm Committee – Page 31
D e f en ce Committee – Page 35
E m p l oyment and Social Security Committee – Page 38 H o u s ing Committee – Page 41
H o u s e Committee – Page 43
L e g is lation Committee – Page 43
S p o rt , Leisure and Recreation Committee – Page 45
P ri s o n Board – Page 48
E ta t C ivil Committee – Pages 51 and 52
O v e r seas Aid Committee – Pages 51 and 52
G a m b ling Control Committee – Pages 51 and 52
C o tt a ge Homes Committee – Pages 51 and 52
B r o ad casting Committee – Pages 51 and 52
H a r b ours and Airport Committee – La Collette Reclamation Scheme – Pages 51 and 52
S p e ci al Committee to consider the relationship between Committees and the States – Pages 51 and 52
Adjournment
THE STATES then adjourned, having agreed that the outstanding matters in the Budget and other items of public business should stand over until Wednesday, 2nd December 1998.
THE STATES rose at 6.30 p.m.
C.M. NEWCOMBE Deputy Greffier of the States.