States Minutes 8th September 1998

THE STATES assembled on Tuesday, 8th September 1998 at 9.30 a.m. under the Presidency of Senator Richard Joseph Shenton, O.B.E.

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All members were present with the exception of –

S h ir le y Margaret Baudains, Deputy of St.  Helier – out of the Island R o n a ld Winter Blampied, Deputy of St.  Helier – out of the Island

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Prayers ____________

Subordinate legislation tabled

The following enactment was laid before the States, namely –

  R o a d R acing (Motor Vehicle Rally) (Jersey) Order 1998 – R  &  O 9285.

Tourism Committee – appointment of member

The States appointed John Baudains Germain, Connétable of St.  Martin, as a member of the Tourism Committee.

Matters lodged

The following matters were lodged "au Greffe" –

  L a F  o n taine Hotel, La Route de Beaumont, St.  Peter: development in Aircraft Noise Zone 1 – P.187/98. P re s e nted by the Planning and Environment Committee.

  H a ut   de   la Garenne, St. Martin: conversion and redevelopment – P.188/98. P re s e nted by the Planning and Environment Committee.

  H u m  a n  Rights legislation – P.189/98.

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

Haut de la Garenne, St.  Martin: conversion and redevelopment – P.64/97. Withdrawn

THE  STATES  gave  leave  to  the  President  of  the  Planning  and  Environment  Committee  to  withdraw the proposition regarding Haut de la Garenne, St.  Martin (P.64/97 – lodged "au Greffe" on 22nd April 1997) having lodged a revised proposition at the present meeting (P.188/98).

Arrangement of public business for the next meeting on 22nd September 1998

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 22nd September 1998 –

D r a ft Hire Cars (Amendment No. 8) (Jersey) Regulations 199 – P.139/98. L o d g ed: 16th June 1998.

D e fe n ce Committee.

D r a ft Public Service Vehicles (Fees) (Amendment No. 9) (Jersey) Regulations 1998 – P.140/98. L o d g ed: 16th June 1998.

D e fe n ce Committee.

D r a ft Dangerous Wild Animals (Jersey) Law 199 – P.154/98. L o d g ed: 30th June 1998.

A g r ic ulture and Fisheries Committee.

D r a ft Dangerous Wild Animals (Jersey) Law 199 (P.154/98): amendments – P.183/98. L o d g ed: 18th August 1998.

A g r ic ulture and Fisheries Committee.

D r a ft Police (Complaints and Discipline) (Jersey) Law 199 – P.162/98. L o d g ed: 14th July 1998.

D e fe n ce Committee.

D r a ft Police (Complaints and Discipline) (Jersey) Law 199 (P.162/98): amendments – P.184/98. L o d g ed: 1st September 1998.

D e p u ty F.J. Hill of St. Martin.

D r a ft Road Traffic (Amendment No. 49) (Jersey) Regulations 199 – P.169/98. L o d g ed: 28th July 1998.

P u b li c Services Committee.

R e s id ential registration scheme – P.179/98. L o d g ed: 11th August 1998.

D e p u ty A. Breckon of St.  Saviour.

D r a ft Licensing (Licence Fees) (Jersey) Regulations 199 – P.180/98. L o d g ed: 18th August 1998.

T o u ri sm Committee.

E li z a beth Harbour, St. Helier: lease of accommodation to Channel Express (C.I.) Limited – P.181/98. L o d g ed: 18th August 1998.

H a r b ours and Airport Committee.

B r it is h-Irish Council – P.185/98. L o d g ed: 1st September 1998.

P o li c y and Resources Committee.

H u m an Rights legislation – P.189/98. P o li c y and Resources Committee.

Island site, St. Helier – statement

Senator Nigel Lewis Quérée, President of the Planning and Environment Committee, made a statement in the

following terms –

" A t t he meeting of all States members at the Pomme d'Or Hotel on 21st January 1998, the Planning and Environment Committee presented its planning brief for the development of the Island site. Since then the Committee has been attempting to achieve agreement on a positive solution to the long-standing neglect of these buildings to enable their redevelopment. The Committee believes it right that States members should be the first to know the Committee's intentions.

T h e Committee's actions follow the existing States decisions which have guided it in this matter. The

States decided on 23rd January 1990 (and I quote) to approve the conservation of the granite buildings on the Weighbridge island site by designating them as a Site of Special Interest under Article 9A of the Island Planning Law 1964 as amended.' On 11th November 1992 the States also approved Map 3-92, as the Development Plan for the St. Helier Waterfront Area, which revised the Island Plan map approved by the States in 1987 and confirmed the SSI status of the Island site. On 12th December 1995 the States decided to ask the Planning and Environment Committee (and I quote) ... to bring to the States for approval, as soon as possible, specific proposals for ... the transfer of the bus station to the Island' site, the development of the remainder of the Island' site ...'.

M  em  bers will be aware that the Committee (and the previous Planning Committee) and the Waterfront

Enterprise Board have a fundamental difference of opinion over the brief for the sites redevelopment, one which we have together exhaustively sought to resolve.

T h e C ommittee has consulted with the Policy and Resources Committee (which has the responsibility for

the Waterfront Enterprise Board) on how best to resolve this important matter of principle once and for all. In doing so the Committee is acutely aware that it is the only body that has a statutory duty for planning all land use in the Island. Following the Policy and Resources Committee's request to the Planning and Environment Committee to test the market viability of the planning brief, an exercise which was successful, we were still left with disagreement over how to proceed. The essential point of difference was the Site of Special Interest designation.

T h e P resident of the Policy and Resources Committee and I took the advice of the Bailiff . We decided that

the Planning Committee should carry out the statutory procedure to designate the Weighbridge island site as a Site of Special Interest (SSI), thereby fulfilling the decision of the States in 1990. It appears that successive Planning Committees considered it to be unnecessary because as a States owned site it was unlikely that the States' decision would be challenged.

L a st week the Planning and Environment Committee approved the notices of intention to designate the site

as an SSI, for service by the end of this week, on those persons having a statutory right to submit representations  to the  Committee within 28  days  of  the  notice.  The  Committee  will also  invite  the Waterfront Enterprise Board and the Jersey Motor Transport Company Limited to submit representations, as it considers these two bodies have sufficient interest to require it. The Committee will also consider receiving representations from other persons and bodies who are able to demonstrate to the Committee that they have a significant interest in the future of the site. All representations will have to be submitted within 28  days of the notices and will be required to be in writing. The Committee has arranged for copies of the notices of intention to be available for public inspection at the Planning Department.

G i v e n that this is an exceptional case, such representations received will be considered at a special

Committee meeting, which will be open to the public. Arrangements are being made to hold this meeting, if it is required, on 4th and 6th November. At the conclusion of this meeting the Committee will decide whether to make the formal Order designating the site as a Site of Special Interest (SSI).

In c o nclusion, the Committee believes the chosen procedure will achieve a fair and objective decision, and

properly respects the roles of all parties. The detailed procedure I have announced will be completed by the end of

November 1998, by which date the Committee will inform States members of its decision."

Administrative Decisions (Review) (Jersey) Law 1982, as amended: Administrative Appeals Panel – membership

THE STATES, adopting a proposition of the Special Committee to consider the relationship between the Committees and the States, referred to their Act, dated 19th November 1996, in which they appointed the Chairman, Deputy Chairmen and members of the Administrative Appeals Panel for an initial period of three years commencing 1st January 1997, and approved the appointment of Mrs. Lorna Jean King, M.B.E. as a member of the Panel in place of Mrs. Sally Carolyn Ann Le Brocq until 31st December 1999.

Manual Workers Joint Council Employers' Side representative

THE STATES, adopting a proposition of the Establishment Committee and in accordance with their Act dated 9th November 1961, approving the constitution of a Manual Workers' Joint Council, approved the appointment of Mr. Philip Roy Cabot, Connétable of Trinity , as a representative of the States of Jersey on the Employers' Side of the Council.

Kent Lodge, 21 Clarendon Road, St. Helier: sale – P.173/98 THE STATES, adopting a proposition of the Housing Committee –

1 . a pproved the sale of the freehold of Kent Lodge, 21 Clarendon Road, St.  Helier, to the Jersey Home

Trust for redevelopment as social rented housing, for a consideration to be agreed with the Finance and Economics Committee;

2 . a uthorised the Attorney General and Greffier of the States to pass the necessary contracts;

3 . a uthorised the Treasurer of the States to receive the amount connected with the above transaction in

due course.

Members present voted as follows –

"Pour" (37)

Senators

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

S t. Clement, St. Lawrence, St. Mary, St. Peter, Grouville , St. Helier, St. Martin, St. Ouen, Trin

St.  Saviour.

Deputies

W a v e ll(S), H.  Baudains(C), Le  Sueur(H), Coutanche(L), Le Geyt(S), Trinity , Johns(H), Dorey(H), Layze

(B), Huet(H), St. John, Le Main(H), Blampied(H), Rabet(H), de la Haye(B), Le Cornu(C), St. Pe Dubras(L), St. Ouen.

"Contre" (13) Senators

S y v re t, Walker .

Connétable s

S t. B relade, St.  John.

Deputies

S t. M  ary, Pullin(S), Duhamel(S), Routier(H), Breckon(S), Grouville , St.  Martin, Crowcroft (H), Vibert (B).

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

THE STATES commenced consideration of a proposition of the Policy and Resources Committee regarding the reorganisation of the Committees of the States.

Sub-paragraph (a) "to develop further the work so far undertaken on the formation, organization and responsibilities of a Finance and Manpower Committee" was rejected.

THE STATES, adopting sub-paragraph  (b), referred to their Act dated 11th September 1996, which charged the Policy and Resources Committee to investigate issues regarding the reorganisation of States Committees; to receive the progress report dated 23rd June 1998 of that Committee; and charged the Policy and Resources Committee –

(b ) to develop further the work so far undertaken on the formation, organisation and responsibilities of a

Home Affairs Committee.

Members present voted as follows –

"Pour" (29) Senators

H o r sf all, Rothwell, Stein, Norman, Kinnard. Connétable s

S t. C lement, St. Lawrence, St.  Brelade, St.  Helier. Deputies

W  a v ell(S), Le  Sueur(H), St.  Mary, Le  Geyt(S), Trinity , Pullin(S), Johns(H), Duhamel(S), Layzell(B

Breckon(S), Grouville , Huet(H), St. Martin, Le Main(H), Crowcroft (H), Vibert (B), de la Haye(B) St. Peter, Dubras(L), St. Ouen.

"Contre" (16)

Senators

L e M aistre, Bailhache , Syvret.

Connétable s

S t. M  ary, St.  Peter, St.  Ouen, St.  John, Trinity , St. Saviour.

Deputies

H .  B audains(C), Coutanche(L), Routier(H), Dorey(H), St.  John, Rabet(H), Le  Cornu(C). Consideration of sub-paragraph  (c) was deferred to a later date.

Hospital Charges (Long-Stay Patients) (Jersey) Law 199 – P.116/98

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Hospital Charges (Long-Stay Patients) (Jersey) Law 199 .

Archirondel, St. Martin: transfer of administration of land – P.133/98

THE STATES, adopting a proposition of the Housing Committee, approved the transfer of administration from the Housing Committee to the Planning and Environment Committee of an area of land measuring 10,200 square feet at Archirondel, La Route de la Cote, St. Martin, asshown hatched on drawing No. SCL-1-187 5/10/95.

Members present voted as follows –

"Pour" (36)

Senators

H o r sf all, Le  Maistre, Stein, Bailhache , Syvret, Norman, Kinnard.

Connétable s

S t. C lément, St. Lawrence, St.  Mary, St.  Brelade, St.  Helier, St.  John, St.  Saviour. Deputies

H . B audains(C), St.  Mary, Le Geyt(S), Trinity , Pullin(S), Johns(H), Duhamel(S), Routier(H), Dorey(H

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

"Contre" (1) Deputy

S t. J ohn.

Training and development of public sector employees – P.132/98

THE STATES, adopting a proposition of the Establishment Committee, endorsed the strategy being pursued by the Establishment Committee in connection with the training and development of public sector employees as set out in the Committee's report dated 2nd February 1998.

Criminal Justice (Standard Scale of Fines) (Amendment) (Jersey) Law 199 – P.160/98

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Criminal Justice (Standard Scale of Fines) (Amendment) (Jersey) Law 199 .

Parish Rate (Jersey) Law 199  – P.170/98

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

Public Holidays and Bank Holidays (Jersey) Act 1998 – P.175/98

THE STATES, in pursuance of Article  2 of the Public Holidays and Bank Holidays (Jersey) Law 1951, as amended, made an Act entitled the Public Holidays and Bank Holidays (Jersey) Act 1998.

Adjournment

THE STATES then adjourned, having agreed to defer consideration of the Draft Maintenance Orders (Enforcement) (Jersey) Law 199 (P.176/98 – lodged "au Greffe" on 11th August 1998) until 22nd September 1998 and having agreed to defer the following to a later date –

P ro v i sion of school milk: funding – P.128/98. L o d g ed: 2nd June 1998

S en a t or J.S. Rothwell.

P ro v i sion of school milk: funding (P.128/98): report – P.186/98. P re s e nted: 1st September 1998.

F in a n ce and Economics Committee.

S t. H elier Waterfront area: acquisition of possible interest – P.172/98. L o d g ed: 28th July 1998.

P o li c y and Resources Committee.

THE STATES rose at 5.45 p.m.

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