States Minutes 7th October 1998

THE STATES assembled on Tuesday, 7th October 1998 at 9.30 a.m. under

the Presidency of the Greffier of the States, Mr. Geoffrey Henry Charles Coppock ____________

All members were present with the exception of –

 S ena t or Vernon Amy Tomes – ill

 S hi r ley M  argaret Baudains, Deputy of St. Helier – ill

 Ja cquel  ine Jeannette Huet, Deputy of St. Helier – ill

 P hi l ip J  ohn Rondel, Deputy of St. John – out of the Island

 R onal d Winter Blampied, Deputy of St. Helier – ill

 R obi n C  harles Hacquoil, Deputy of St. Peter – out of the Island

 Ma ur ice François Dubras, Deputy of St. Lawrence – out of the Island K enne  th William Syvret, Deputy of St. Ouen – out of the Island.

____________

Prayers ____________

Arrangement of public business for the present meeting

THE STATES confirmed that the following matters would be considered as the first items under Public Business at the present meeting –

 D r af t Probate (Jersey) Law 1998 (Appointed Day) Act 199 – P.191/98 L odge  d: 22nd September 1998.

 L egi s lation Committee.

 D r af t Probate (General Provisions) (Jersey) Regulations 199 – P.192/98 L odge  d: 22nd September 1998.

 L egi s lation Committee.

 D r af t Honorary Police (Parochial Domicile) (Jersey) Law 199 – P.193/98 L odge  d: 22nd September 1998.

 L egi s lation Committee.

Probate (Jersey) Law 1998 (Appointed Day) Act 1998 – P.191/98

THE STATES, in pursuance of Article 34 of the Probate (Jersey) Law 1998, made an Act entitled the Probate (Jersey) Law 1998 (Appointed Day) Act 1998.

Probate (General Provisions) (Jersey) Regulations 1998 – P.192/98

THE STATES, in pursuance of Article 31 of the Probate (Jersey) Law 1998, made Regulations entitled the Probate (General Provisions) (Jersey) Regulations 1998.

Honorary Police (Parochial Domicile) (Jersey) Law 199 – P.193/98

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Honorary Police (Parochial Domicile) (Jersey) Law 199 .

St. Helier Waterfront area: acquisition of possible interest – P.172/98

THE STATES, adopting a proposition of the Policy and Resources Committee – (1 ) r eferred to their Act dated 3rd February 1998 in which the States –

( a ) appr oved the acquisition on behalf of the public from Les Pas Holdings Limited of all such

interest (if any) as that company might have in the areas of foreshore and reclaimed land situated to the west of Albert Pier and shown coloured red on drawing 583/2;

( b ) aut hor ised the Planning and Environment Committee, in exercise of the powers conferred by

Article 4 of the Island Planning (Jersey) Law 1964, as amended, to acquire the said interest (if any) on behalf of the public by compulsory purchase in accordance with the provisions of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, as amended for the purposes stated; and

 (2 ) not ed that –

( a ) on 22nd July 1998 the Royal Court, rejecting every ground of challenge advanced by the

company, made an order vesting the said interest (if any) in the Public;

( b ) t her e exists a further potential, though disputed, interest, namely that of the Seigneur of the

Fief de la Fosse, the nature of which interest is more fully set out in paragraphs 7 to 11 of the Policy and Resources Committee's report dated 21st July 1998 which accompanies this proposition; and

( i ) a ppr ov ed the acquisition on behalf of the public from the Seigneur of the Fief de la

Fosse of all such interest (if any) as he might have in the areas of foreshore and reclaimed land situated to the west of Albert Pier and shown coloured red on drawing 583/2;

(i i) a ut h or i s ed the Planning and Environment Committee, in exercise of the powers

conferred by Article 4 of the Island Planning (Jersey) Law 1964, as amended, to acquire the said interest (if any) on behalf of the public by compulsory purchase in accordance with the provisions of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, as amended, for the purposes of giving effect to the development of the St. Helier Waterfront area in accordance with the said States' decisions and the redevelopment and modernisation of the areas that are already developed;

( ii i) a ut ho ri s ed the Attorney General and the Greffier of the States to pass on behalf of the

public any contract which it might be found necessary to pass in connexion with the acquisition of the said interest (if any); and

( iv ) aut hor is ed the payment or discharge of any expenses incurred in connexion with the

acquisition of the said interest (if any) from the Planning and Environment Committee's capital vote of credit – "Acquisition of Land – Major Reserve" (Vote No. C0904).

Committees of the States: reorganisation – P.151/98 (Revised)

THE STATES resumed consideration of sub-paragraph (c) of the proposition of the Policy and Resources Committee, concerning the reorganisation of Committees of the States, that had been discontinued at the meeting on 8th September 1998.

After discussion the President of the Policy and Resources Committee withdrew sub-paragraph (c) – " (c ) to take immediate steps to promote the formation of an Industry Committee with responsibility for –

( i) t h e l icensing and regulatory functions of the Committee for Postal Administration under the

Post Office (Jersey) Law 1969, as amended, and the Telecommunications Board under the Telecommunications (Jersey) Law 1972, as amended;

( ii ) the functions of the Finance and Economics Committee under the Regulation of

Undertakings and Development (Jersey) Law 1973, as amended;

( ii i) the functions presently discharged by the Trade and Industry Sub-Committee of the Finance

and Economics Committee;

( iv ) t he functions of the Jersey Transport Authority set out in paragraph (2) of their Act dated

25th October 1994;

(v ) deve loping further the later phases of consolidating the responsibilities of the Industry Committee as outlined in paragraphs 37, 38 and 39 of the progress report."

Veterinary Surgeons (Jersey) Law 199 – P.153/98

THE STATES commenced consideration of the draft Veterinary Surgeons (Jersey) Law 199 and adopted the Preamble and Articles 1 and 2.

Article 3 was adopted, the States having accepted an amendment of the Agriculture and Fisheries Committee that after the words "the United Kingdom" there should be inserted the words ", as amended".

Articles 4 and 5 were adopted.

Article 6 was adopted, the States having accepted an amendment of the Agriculture and Fisheries Committee that in sub-paragraph (1) the word"recognised" should be deleted in the first place where it occurred.

Articles 7, 8, 9, 10 and 11 were adopted.

Article 12 was adopted, the States having accepted an amendment of the Agriculture and Fisheries Committee that in sub-paragraph (2) the word"recognised" should be deleted in the first place where it occurred.

Article 13 and the Schedule were adopted.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Veterinary Surgeons (Jersey) Law 199 .

British-Irish Council – P.185/98

THE STATES, adopting a proposition of the Policy and Resources Committee, welcomed the Agreement reached at the Multi-Party Talks on Northern Ireland; and

(i ) agreed in principle the Island's participation in the British-Irish Council to be set up as part of the

Agreement;

(i i) accepted the invitation extended to the Insular Authorities to participate in the inaugural meeting

of the British-Irish Council; and

( i ii ) agreed that the President and Vice-President of the Policy and Resources Committee,

accompanied by the Chief Adviser to the States, should represent the Island at the inaugural meeting.

Members present voted as follows –

"Pour" (41)

Senators

S hen ton, Horsfall, Rothwell, Le Maistre, Stein, Quérée, Bailhache , Syvret, Norman, Walker , Kinnard. Connétable s

S t . C lement, St. Lawrence, St. Mary, St. Brelade, St. Helier, St. Martin, St. Ouen, St. John, Tri

St. Saviour.

Deputies

W avel l(S), H. Baudains(C), Le Sueur(H), Coutanche(L), St. Mary, Le Geyt(S), Trinity , Pullin(S

Johns(H), Duhamel(S), Routier(H), Dorey(H), Layzell(B), Breckon(S), St. Martin, Le Main(H), Rabet (H), Crowcroft (H), Vibert (B), Le Cornu(C).

"Contre" (0)

Beauvoir, Rue de la Croiserie, Trinity : Committee of Inquiry – P.190/98 and P.205/98

THE STATES, adopting a proposition of Senator Richard Joseph Shenton, and in accordance with Article 30 of the States of Jersey Law 1966, approved the appointment of a Committee of Inquiry to investigate fully all the circumstances whereby a development at Beauvoir, Rue de la Croiserie, Trinity , was permitted, and to report back to the States with such recommendations (if any) as the Committee considers to be appropriate.

Members present voted as follows –

"Pour" (27)

Senators

S hen ton, Horsfall, Rothwell, Le Maistre, Stein, Bailhache , Norman, Walker .

Connétable s

S t. Mar y, St. Brelade, St. Peter, Grouville , St. Helier, St. Martin, St. Ouen, Trinity , St. Saviour. Deputies

H . B audains(C), Coutanche(L), St. Mary, Le Geyt(S), Trinity , Duhamel(S), Breckon(S), St. Marti

Le Main(H), de la Haye(B).

"Contre" (12) Senator

Q uér ée.

Connétable

S t. L awrence.

Deputies

Wa vel l(S), Pullin(S), Johns(H), Routier(H), Dorey(H), Layzell(B), Rabet(H), Crowcroft (H), Vibert

(B), Le Cornu(C).

2 members abstained from voting. THE STATES rose at 3.30 p.m.

C.M. NEWCOMBE Deputy Greffier of the States.