States Minutes 28th September 1999

THE STATES assembled on Tuesday, 28th September 1999 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 nator Leonard Norman - out of the Island

M argaret Anne Le Geyt, Deputy of St. Saviour - excused

I m ogen Stephanie Nicholls, Deputy of Grouville - out of the Island K e nneth William Syvret, Deputy of St. Ouen - out of the Island

Prayers read by the Bailiff

Matters presented

The following matters were presented to the States -

Report of the Board of Administrative Appeal relating to the complaint by Mr. and Mrs. A.C. Smail against a decision of the Planning and Environment Committee - R.C.35/99.

Presented by the Special Committee to Consider the Relationship between Committees and the States.

Manpower report for the period 1st January 1999 to 30th June 1999 - R.C.36/99. Presented by the Establishment Committee.

Fiscal Review Working Group: second report - R.C.37/99. Presented by the Finance and Economics Committee.

Cycle Registration Scheme (P.86/99): comments - P.86/99 Com. Presented by the Defence Committee.

Field No. 588, St. Ouen : Village Green and dwellings (P.116/99) - report - P.116/99 Rpt. Presented by the Planning and Environment Committee.

Committees of the States: delegation of functions to sub-committees (P.122/99) - comments - P.122/99 Com. Presented by the Policy and Resources Committee.

St. Helier Waterfront: conference hotel - rescindment (P.112/99) - report - P.112/99 Rpt. Presented by the Planning and Environment Committee.

The following matter was presented on 21st September 1999 -

Strategic Planning Population Ceiling (P.110/99): comments - P.110/99 Com. Presented by the Policy and Resources Committee.

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 20th September 1999 recording the following decisions of the Treasurer of the States under delegated powers, in pursuance of Standing Orders relating to certain transactions in land -

1. a s recommendedby the HousingCommitteeinrelationtothesale to NewchurchLimitedof a small strip of land (measuring 370 square feet) currently forming part of St. Mary'sCourt,St. Helier, for a consideration of£370,which land was to be incorporated into a pavementinorder that a development of 12 two-bedroom units for social rented housing purposes could be constructed on part ofthesiteknownasSacreCoeur, with Newchurch Limited to beresponsible for the public's legal expenses incurred in this transaction(previously notified to the States on 28th July 1998), the agreementoftermsand conditions whichalsoincluded the grantingof various drainage rights to both the Jersey HomesTrustandNewchurch Limited in one contract, as detailed in an Act dated 12th July 1999 of the HousingCommittee;
2. a s recommendedby the HousingCommittee, the granting of a rightofwaytoMr.Peter Crespel and Mrs. Lee IsobelCrespel, née Dolby, through DeQuettevilleCourt, St. Helier , for the purpose of gaining access to park two vehicles at the rearof the property known as 52 St.Saviour's Road, St. Helier, for a single capital payment of £5,000 to be paid in cash on the tenth day after completion of the contractual agreement, with Mr. and Mrs. Crespel, in addition, to be responsible for the payment of both parties' legal costs in relation to this transaction, with the agreed termsand conditions as shown inanActdated 12th July 1999 of the HousingCommittee;
3. as recommendedby the PublicServicesCommittee,in relation to the purchase from Mr.Godfray Bennett Amy,ownerof the propertyknown as L'Avenir,La Route dela Haule, St. Lawrence,of an areaof land (measuring860square feet) for the sum of£2 a square foot inconnexion with Road Scheme Project 452,whereby the Committee was to undertake the necessary associated accommodationworksto the road alignmentwhichhad been agreed withMr.Amy, with the Committee to be responsiblefor both parties' reasonable legal cost involved in the transaction, and on the basis that the said accommodation works would becompleted within six months of the date ofpassingthecontractof sale;
4. a s recommended by the Public Services Committee, the renewal of the lease to Mr. Robert EdwardFurnessof a certain bunkersituatedatLeBrayeSlip,St.Brelade,for a periodofthree years from 25th December1998at a commencingannualrentof£195.16, subject to annual reviews in line with the Jersey Retail Price s Index, with the lessee to be responsible for the maintenance of the premises andon the basis that each party would beresponsible for its own legal costs arising from the transaction.

Matters lodged

The following matters were lodged "au Greffe" -

Draft Fish Health (Jersey) Regulations 199 - P.138/99. Presented by the Agriculture and Fisheries Committee.

U.N. Convention on Wetlands of International Importance: designation of south and east coastal area - P.139/99.

Presented by the Planning and Environment Committee.

Draft Firearms (Jersey) Law 199 (P.96/99): amendments - P.140/99. Presented by the Defence Committee.

The Year of the Jersey: 2001 - P.141/99.

Presented by the Agriculture and Fisheries Committee.

Establishment of a Statistics User Group - P.142/99. Presented by the Policy and Resources Committee.

Public Employees Contributory Retirement Scheme: proposal to establish the scheme under a trust deed and rules - P.143/99.

Presented by the Establishment Committee.

Jersey Financial Services Commission: appointment of chairman - P.144/99. Presented by the Finance and Economics Committee.

Draft Amendment (No. 18) of the Standing Orders of the States of Jersey - P.145/99. Presented by the House Committee.

Draft Firearms (Jersey) Law 199 (P.96/99): second amendments - P.146/99. Presented by the Deputy of St. Martin.

Draft Firearms (Jersey) Law 199 (P.96/99): third amendments - P.147/99. Presented by Deputy G.C.L. Baudains of St. Clement.

The following matters were deemed to be lodged on 21st September 1999 -

Draft Loi (199 ) (Amendement No. 13) sur l'Etat Civil - P.136/99. Presented by the Etat Civil Committee.

Shops: Sunday Trading - P.137/99.

Presented by the Connétable of St. Lawrence.

Arrangement of public business for the next meeting on 12th October 1999

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 12th October 1999 -

Committees of the States: access to meetings - P.53/99. Lodged: 27th April 1999.

Senator S. Syvret.

Cycle Registration Scheme - P.86/99. Lodged: 22nd June 1999.

Deputy T.J. Le Main of St. Helier .

Cycle Registration Scheme (P.86/99): amendments - P.99/99. Lodged: 6th July 1999.

Deputy G.C.L. Baudains of St. Clement .

Cycle Registration Scheme (P.86/99): comments - P.86/99 Com. Presented: 28th September 1999.

Defence Committee.

St. Helier Waterfront: conference hotel - rescindment - P.112/99. Lodged: 17th August 1999.

Deputy G.C.L. Baudains of St. Clement .

St. Helier Waterfront: conference hotel - rescindment (P.112/99): report - P.112/99 Rpt. Presented: 28th September 1999.

Planning and Environment Committee.

Draft States of Jersey (Amendment No. 7) Law 199  .- P.114/99. Lodged: 24th August 1999.

Legislation Committee.

Draft Advocates and Solicitors (Amendment No.  2) (Jersey) Law 199  .- P.130/99. Lodged: 14th September 1999.

Legislation Committee.

The Year of the Jersey: 2001 - P.141/99. Lodged: 28th September 1999. Agriculture and Fisheries Committee.

Public Employees Contributory Retirement Scheme: proposal to establish the scheme under a trust deed and rules - P.143/99.

Lodged: 28th September 1999.

Establishment Committee.

Jersey Financial Services Commission: appointment of chairman - P.144/99. Lodged: 28th September 1999.

Finance and Economics Committee.

The STATES noted that in accordance with Standing Order 22(3) Deputy P.V.F. Le Claire had instructed the Greffier of the States to withdraw the proposition on the introduction of work permits (P.105/99 lodged "au Greffe" on 20th July 1999).

Draft Road Traffic (No. 51) (Jersey) Regulations 199 - P.127/99

THE STATES acceded to a request of Deputy Michael Adam Wavell, President of the Defence Committee, that consideration of the Draft Road Traffic (No. 51) (Jersey) Regulations 199 (P.127/99 lodged "au Greffe" on 14th September 1999) be deferred from the present meeting to a later date.

Level of public spending in the Island - question and answer (Tape No. 536)

Senator Stuart Syvret asked Senator Frank Harris on Walker , President of the Finance and Economics Committee, the following question -

"Would the President inform members of the level of public spending, expressed as a percentage of Gross Domestic Product, which has occurred in each of the years 1990 to 1998?"

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

" S ta t es expenditure expressed as a percentage of Gross Domestic Product for each of the years 1990 to 1998 was as follows -

1 9 9 0 3 0 . 4 % 1 9 9 1 3 2 . 7 % 1 9 9 2 3 4 . 4 % 1 9 9 3 3 2 . 0 % 1 9 9 4 3 4 . 4 % 1 9 9 5 3 4 . 7 % 1 9 9 6 3 4 . 7 % 1 9 9 7 3 6 . 2 % 1 9 9 8 3 5 . 6 %.

Standard of accommodation administered by the Housing Committee - questions and answers (Tape No. 536)

The Deputy of St. John asked Deputy Shirley Margaret Baudains, President of the Housing Committee, the following question -

" ( a ) W ould the President inform members of the number of properties administered by the Housing Committee which are of an unsatisfactory standard?

(b) W h at plans does the Committee have to upgrade these properties?"

The President of the Housing Committee replied as follows -

" (a ) T he Housing Committee currently administers nine miscellaneous properties which might be considered to be of an unsatisfactory standard but remain occupied. The properties are kept wind and watertight but lack certain facilities, generally have poor insulation standards and would benefit from modernisation. The Committee also has 10 properties which are considered unfit for human habitation and are not therefore occupied. These properties are currently awaiting demolition or refurbishment as part of the Committee's redevelopment programme. In addition, the Committee has 232 dwellings which are currently occupied and provide adequate accommodation but are scheduled for demolition or refurbishment within the next three years. This figure includes dwellings at Elysée Estate, Grasett Park and Le Geyt Flats.

(b ) T h e nine miscellaneous properties will be improved as and when they become vacant or,

alternatively, should their condition deteriorate to the point where they are unfit for human habitation. With the exception of two small estates, with a total of 24 dwellings, the remaining properties are all included in redevelopment programmes which are scheduled to be commenced, and in some cases completed, within the next four years. The Committee is currently awaiting feasibility studies on the two remaining estates."

Service review programme - questions and answers (Tape No. 356)

Senator Stuart Syvret asked Senator Pierre François Horsfall, President of the Policy and Resources Committee the following questions -

" 1 . T h e report into the States of Jersey service review programme (R.C.34/99) states in paragraph 2, page 2, that -

" T h e p r o g ra m me did not address the wider political' issues of whether existing services should continue to be provided. These issues were considered by consultants to be beyond their brief as they demanded political decisions about the relative priority of service provision across the States".

R . C . 3 4 a l s o states at paragraph 2, page 23, that:

" S e v e r a l o f t h e consultants considered that until the ranking of importance of States' objectives was fully decided, recognised and implemented, it would not be possible for departments to properly plan for efficiency gains".

R . C . 3 4 g o es on to state at paragraph 1, page 44, that

" T  h is re v i e w process has identified the key need for clear direction from the States concerning the priority of its strategic objectives. Committees must in turn give appropriate guidance to their departments in line with the States priorities".

W  i ll t h e P  resident provide for the Assembly an explanation of what action his Committee proposes

to take in order to co-ordinate and facilitate the prioritisation of strategic objectives, and the ranking of service provision across the States as required by paragraph (b) of the proposition relating to the States Resource Plan 1999 approved by the States on 6th July 1999?

2 . T h e 1999 Resource Plan charged the Policy and Resources Committee to report back to the States on

what steps need to be taken in order to ensure that on 30th June 2002 the number of persons employed by non-trading committees is no greater than the number employed on 30th June 1999. Does the President consider this objective compatible with the general finding of the service review programme that many departments should have extra staff?

3 . R . C . 34 states at paragraph 1, page 11 that -

" fi v e d e p a r t ments have yet to undertake a service review; these being Housing, the Prison, States Greffe, States Printers and Tourism"

W i l l t h e P resident provide for the Assembly an account of the reasons given by each of these

departments for having not so far undertaken a service review?

4 . R . C .34 states at paragraph 3, page 18, that:

" I n a s s o c ia t ion with departmental co-ordination, consultants also stressed the need for enhanced political accountability/oversight. They specifically pointed to a need for a Policy and Resources Committee with superior power to other Committees in respect of strategic policy and resource decisions' which would reduce the incidence of ad hoc changes to service provision as a consequence of pressure from individual politicians working outside of the political and financial framework of their organisation".

(a ) D o es th e P r esident agree that there is a need for a Policy and Resources Committee with

superior power to other committees in respect of strategic policy and resource decisions', and if so, how would he envisage such a committee being constituted and empowered?

  ( b ) D  o e s t h e P  resident believe that it is necessary to reduce the present ability of individual

politicians to influence changes to service provision?

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

"1 . O n 28th September 1995 the States approved the strategic policy objectives included in the

Committee's Strategic Policy Report entitled 2000 and Beyond'. Next year the Committee intends to re-visit the 1995 report and, in consultation with all interested parties, to bring forward a new Strategic Policy Report which will go further than before and prioritise all the strategic policy objectives that the States are asked to adopt. It is intended that this will also form part of an overall strategic and business planning framework for the States on which States approval will also be sought. It is intended that this framework will embrace both the setting and prioritising of high level strategic objectives, and the carrying out of those objectives at Committee and Departmental level through an effective planning process.

2 . I n relation to the second part of this question which refers to paragraph (b) of the States Resource

Plan 1999 concerning the number of people employed by the States, members will recall that it was stated in the 1999 Resource Plan that, if States members agreed to support the proposition, details of how the review of the relative priority of services provided by the non-trading committees would be carried out would then be made available. Officers of the Policy and Resources, Finance and Economics and Establishment Committees are currently developing proposals for the implementation of the States decision and the Policy and Resources Committee hope to be able to present members with a report on how the review will be carried out before the end of this year. As is stated in the service review report, the consultants who undertook the service review considered for the most part what resources were required for existing services to be carried out efficiently and effectively. The conclusion reached in many cases was that, if the States wanted those services provided and the objectives set to be achieved, additional staff would be required. The Resource Plan requirement is concerned to identify the relative priorities of services so that, if the decision has to be taken to reduce or remove service provision to satisfy the States manpower policy objective in support of the population policy objective, the States will know which services have the lowest priority and thereby which services might be subject to such action in the first instance.

W  h a t t h i s means is that paragraph (b) of the proposition on the States Resource Plan 1999 would only be incompatible with the service review findings, or vice-versa, if the States should decide that

all current States services are of equal importance and must continue to be provided in the future, and that the

necessary resources must be provided notwithstanding the implications for current manpower and population policies. It will therefore be the States, through their own decisions, who will establish the compatibility or otherwise of the service review findings.

3 . T h e reasons supplied to the Policy and Resources Department were varied and are as follows -

  I n t h e c a s e o f b oth the Tourism Department and the Prison Board, their chief officers stated

that they did not propose to commence their reviews at an earlier stage due to operational demands on their departments, and in the case of the Tourism Department a delay was also caused by the appointment of a chief officer. Both these departments have now initiated a service review and are in the process of agreeing the terms of reference.

  In t h e c a s e o f t h e States Greffe and its Print Section, the States Greffe was subject to a review

by Sir Clifford Boulton G.C.B. during 1995 and 1996 a report on which was presented to the States in April 1996. It was therefore felt inappropriate to repeat the process during the earlier stages  of  the  service  review  programme.  The  States  Greffe  has  now  agreed  with  my Committee the terms of reference for a service review of the States Printers and, as the departments do not wish to run two reviews simultaneously, the service review of the States Greffe will follow.

  T h e H o u s in g D  epartment informed us that they wished to carry out their service review once

that  Committee's  5  year  Strategy  had  been  approved  by  the  States.  The  Strategy  was originally lodged "au Greffe" in September 1998 and a revised version will be presented in the near future.

4 . T h e need for any change in the Policy and Resources Committee's roles and responsibilities will be a

matter that the Review of the Machinery of Government will address. At the present time the Committee's Terms of Reference state quite clearly that the Committee is expected -

( a ) t o p r oduce, through a process of consultation, and for approval where necessary by the States,

a framework of strategic policies and objectives, to which Committees will be required to have regard in the formulation of their own policies;

( b ) t o en sure the overall co-ordination of those policies and objectives and to recommend to the States relative priorities in the use of money and/or manpower resources;

( c ) t o e nsure the effective execution by Committees of their respective policies and to review

performance against objectives.

S o m e o f the consultants who have carried out the service reviews have identified that there is

insufficient discipline at the present time in the carrying out of the strategic policy and resource decisions of the States. How that greater discipline is introduced is something on which I expect the Review of the Machinery of Government to comment. However, I am sure that what the public want to know, when the States have made strategic policy and resource decisions, is that those decisions are carried through and are not subject to change on a whim.

S t a te s m e m  bers will continue, of course, to have the final say because strategic policy and resource decisions are ultimately matters for the Assembly to decide. What I would hope, however, is that

States  members,  through  their  Committees  and  individually,  will  recognise  the  importance  of decisions, once made, being complied with unless, with a significant change in circumstances, the States can be persuaded of the need for change. No strategic policy or resource decision making process should be without flexibility. At the same time, there is little point in the States going through a process of consultation with the public of the Island on such matters as strategic policies, and reflect those strategic policies in resource decisions, if whatever is decided is not then followed in the approach of all Committees and individual States members to particular areas of service

provision."

Referendums - question and answer (Tape No. 356)

Deputy Paul Vincent Francis Le Claire of St. Helier, asked Senator Pierre François Horsfall, President of the Policy and Resources Committee, the following question -

"O n 21st October 1997 the States approved Part 1 of a proposition of Senator Stuart Syvret that a

referendum should be held in the Island whenever the States agreed to the principle of a referendum on the subject in question. Would the President advise the Assembly whether new legislation is required to implement the States' decision and, if so, would he inform members what progress has been made to draft such legislation?"

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

" A  s was clearly stated at the time of the debate a referendum can be held in accordance with the States decision without new legislation."

Waterfront hotel - questions and answers (Tape No. 356)

Deputy Paul Vincent Francis Le Claire of St. Helier, asked Senator Pierre François Horsfall, President of the Policy and Resources Committee, the following questions -

" 1 . (a)  Would the President confirm that the heads of agreement for the lease between the Waterfront Enterprise Board Limited and the proposed developer of the hotel on the St. Helier Waterfront provide that W.E.B. Ltd has agreed to pay for the costs incurred by the developer in preparing and submitting plans to the Planning and Environment Committee in the event of the plans being rejected?

( b) If the answer to (a) is in the affirmative would the President advise the Assembly whether he is

concerned that W.E.B. Ltd were prepared to allow an application for an eight storey hotel to be submitted to the Planning and Environment Committee when the original invitation to tender documentation sent to all interested parties included reference to a height restriction of 14.2 metres which equates to approximately four-storeys?

2 . I s t he President prepared to present the heads of agreement to the Assembly so that members will

have the opportunity to consider them?"

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

" 1 .( a) The assertion made in the question is essentially incorrect. The clause in the Heads of Terms agreed between the Waterfront Enterprise Board Ltd and the hotel developers to which the Deputy refers was that ".... in the event that a planning application is submitted prior to the confirmation from the Finance and Economics Committee referred to in clause 4.2" (which was concerned with approvals under the Regulation of Undertakings Law) and in the event that the project was subsequently abandoned, then the cost of the planning application was to be reimbursed. However, this question did not arise because the Finance and Economics Committee approval was received prior to the submission of plans and this clause in the Heads of Terms was, therefore, redundant.

I w  o u ld a ls o point out that the refusal of permission by the Planning and Environment Committee in

June of this year terminated all of the Heads of Terms. Planning approval to a revised scheme, especially those revisions which made the scheme uneconomic, will require new terms to be agreed between the parties.

( b) As the answer to question 1 (a) is essentially in the negative, I consider question (b) falls.

2 . T h e heads of agreement between the Waterfront Enterprise Board Limited and the hotel developers,

when they are agreed, will be made known to States members. It will be for the States to decide whether the area of land required for the hotel development should be leased to the developer and the States will be presented with all the information (including the heads of agreement) that is required for the decision to be made."

Equalisation of welfare between the Parishes - statement

The Connétable of St. Lawrence, Chairman of the Comité des Connétable s, made a statement in the following terms -

" O ne of the many duties of a Connétable is to care for the welfare of parishioners. Historically, ratepayers have provided funds for those born in the Parish and the States, through income tax, have provided funds for non-natives'.

I n 1953 legislation was approved by the States that required a Parish to support those deemed ordinarily

resident in the Parish and not those born in the Parish. The density of housing development in some Parishes, particularly St. Clement, St. Helier and St. Saviour, has led, in recent years, to an increase in welfare costs for those Parishes and concerns are expressed annually at Parish Assemblies held to approve the Parish budget and tax the rate.

T h e Connétable s have discussed what action could be taken to reduce the welfare burden on some Parishes

but there is no easy solution. Any change would require amendments to existing legislation and welfare is but one of the many costs met by a Parish. Before proposing any change it is essential that the actual costs to Parishes are known and that all factors are given proper consideration.

T h e Connétable s, in the first instance, have therefore invited Mr. Geoffrey Grime and Jurat Peter Blampied

to review Parish accounts to establish the true costs of all welfare assistance paid by every Parish. It is anticipated that this review will be completed by early November and that some conclusion as to how the inequality in welfare could be redressed might be reached by early summer 2000. The Connétable s therefore hope to bring recommendations for change to the States later in 2000."

Service Level Agreement with Emeraude Lines - statement

Deputy Alastair John Layzell of St. Brelade, President of the Jersey Transport Authority, made a statement in the following terms -

" L a st December, when I announced the signing of a Service Level Agreement with Condor Ferries Limited, I informed members that the Jersey Transport Authority would negotiate with Emeraude Lines to secure similar arrangements for the passenger car-carrying operation to St. Malo.

T h ose negotiations have now been  completed  and a Service Level Agreement will be  signed by the

President of the Harbours and Airport Committee and the Chairman of Emeraude Lines, with myself as witness, on Thursday.

T o a great extent, the Agreement mirrors that signed by Condor. In exchange for an element of protection

over the next five years, it imposes upon the company an obligation to meet certain standards relating to the type of ship used on the route, and customer care including the requirement to offer a full refund in the event of an extended delay caused by technical problems.

F o l lowing the signing ceremony I will ensure that a copy of the new Service Level Agreement is distributed

to members."

Draft Sea Fisheries (Ormers - Temporary Restrictions) (Jersey) Regulations 199 - P.135/99

THE STATES, in pursuance of Articles 2, 5, 8 and 22 of the Sea Fisheries (Jersey) Law 1994, having consulted with the Secretary of State and obtained his concurrence, made Regulations entitled the Sea Fisheries (Ormers - Temporary Restrictions) (Jersey) Regulations 1999.

Genetically Modified Organisms - P.33/99, P.33/99 Rpt.

THE STATES, adopting a proposition of Deputy Alan Simon Crowcroft of St. Helier , requested the Agriculture and Fisheries Committee -

( a ) to take all possible steps to designate and maintain the Island of Jersey as free from the growing of

GMOs (genetically modified organisms);

( b ) to suspend the programme of scientific research into PCN (potato nematode cyst, or eelworm)-

resistant strains of the Jersey Royal Potato which was authorised by the States on 9th March 1991.

Members present voted as follows -

"Pour" (42)

Senators

Shenton, Horsfall, Rothwell, Le Maistre, Stein, Quérée, Bailhache , Syvret, Kinnard. Connétable s

St. Lawrence, St. Mary, St. Brelade, St. Peter , Grouville , St. Helier, St. Martin, St. Ouen , St. John, St. Clement.

Deputies

Wavell(S), H.  Baudains(C), Le Sueur(H), Coutanche(L), St. Mary, S.  Baudains(H), Trinity , Johns(H) Duhamel(S), Routier(H), Layzell(B), Breckon(S), Huet(H), St. Martin, St. John, Blampied(H), Rabet(H), Crowcroft (H), Vibert (B), de la Haye(B), Dubras(L), G. Baudains(C), Le Claire(H).

"Contre" (5)

Connétable s

Trinity , St. Saviour . Deputies

Pullin(S), Le Main(H), St. Peter .

Fantastic Tropical Gardens, La Dimerie, St. Peter: development in the Green Zone - P.109/99

THE STATES, adopting a proposition of the Planning and Environment Committee, expressed their support for the Committee's intention to grant permission for the demolition of the existing buildings and structures at the site of the former Fantastic Tropical Gardens, La Dimerie, St. Peter (as shown on drawing No.  620/1), and the construction of three four-bedroom dwellings on part of that site, which is situated within an area designated as Green Zone on the Island Map, as amended 1-87, as an exception to States' policies regarding the development of land within the Green Zone.

Members present voted as follows -

"Pour" (26) Senators

Shenton, Le Maistre, Quérée, Walker .

Connétable s

St. Lawrence, St. Mary, St. Brelade , St. Peter , St. Ouen, Trinity , St. Saviour. Deputies

Wavell(S), Coutanche(L), St. Mary, Trinity , Pullin(S), Johns(H), Duhamel(S), Layzell(B), Breckon(S), Huet(H), St. John, Crowcroft (H), Vibert (B), St. Peter, Dubras(L).

"Contre" (21) Senators

Horsfall, Rothwell, Stein, Bailhache , Syvret, Kinnard. Connétable s

Grouville , St. Helier , St. Martin, St. Clement.

Deputies

H. Baudains(C), Le Sueur(H), S.  Baudains(H), Routier(H), St. Martin, Le Main(H), Blampied(H), Rabet (H), de la Haye(B), G.  Baudains(C), Le Claire(H).

Field No. 588, St. Ouen: Village Green and Dwellings - P.116/99, P.116/99 Rpt.

THE STATES, adopting a proposition of Senator Jean Amy Le Maistre, advised the Planning and Environment Committee that they supported a proposal by the parish of St. Ouen to establish a village green on part of Field No. 588 and also expressed their support for the grant of permission by that Committee for an application by Mrs. Mary Langlois (the owner of Field No. 588) to construct two dwellings in the north-eastern corner of that same field.

Members present voted as follows -

"Pour" (38)

Senators

Shenton, Horsfall, Rothwell, Le Maistre, Stein, Bailhache , Syvret, Walker , Kinnard.

Connétable s

St. Lawrence, St. Mary, St. Brelade , St. Peter, Grouville , St. Helier , St. Ouen, Trinity , St. Saviour, St. Clement.

Deputies

Wavell(S), H.  Baudains(C), Le Sueur(H), Coutanche(L), St. Mary, S.  Baudains(H), Trinity , Routier(H) Breckon(S), Huet(H), St. Martin, St. John, Le Main(H), Blampied(H), Rabet(H), Vibert (B), de la Haye (B), G.  Baudains(C), Le Claire(H).

"Contre" (8)

Senator

Quérée. Deputies

Pullin(S), Johns(H), Duhamel(S), Layzell(B), Crowcroft (H), St. Peter, Dubras(L). Draft Licensing (No. 14) (Jersey) Regulations 199 - P.119/99

THE STATES, in pursuance of Article 92 of the Licensing (Jersey) Law 1974, as amended, made Regulations entitled the Licensing (No. 14) (Jersey) Regulations 1999.

Draft Stamp Duties and Fees (No. 2) (Jersey) Regulations 199 - P.120/99

THE STATES, in pursuance of Article 3 of the Stamp Duties and Fees (Jersey) Law 1998, as amended, made Regulations entitled the Stamp Duties and Fees (No. 2) (Jersey) Regulations 1999.

Draft Proceeds of Crime (Designated Countries and Territories) (Jersey) Regulations 199  - P.121/99

THE STATES, in pursuance of Article 38 of the Proceeds of Crime (Jersey) Law 1999, made Regulations entitled the Proceeds of Crime (Designated Countries and Territories) (Jersey) Regulations 1999.

Draft Organisation for Economic Co-operation and Development (Immunities and Privileges) (Jersey) Regulations 199  - P.124/99

THE STATES, in exercise of the powers conferred on them by Article 12 of the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998, made Regulations entitled the Organisation for Economic Co- operation and Development (Immunities and Privileges) (Jersey) Regulations 1999.

Draft European Bank for Reconstruction and Development (Immunities and Privileges) (Jersey) Regulations 199 - P.125/99

THE STATES commenced consideration of the draft European Bank for Reconstruction and Development (Immunities and Privileges) (Jersey) Regulations 199 and adopted the Preamble.

Regulations 1 to 13 were adopted.

Members present voted as follows -

"Pour" (41)

Senators

Shenton, Horsfall, Rothwell, Le Maistre, Stein, Quérée, Syvret, Walker , Kinnard,. Connétable s

St. Lawrence, St. Mary, St. Brelade , St. Peter, Grouville , St. Helier , St. Ouen, Trinity , St. Saviour, St. Clement.

Deputies

H.  Baudains(C), Le Sueur(H), Coutanche(L), St. Mary , S.  Baudains(H), Pullin(S), Johns(H), Duhamel(S) Routier(H), Layzell(B), Breckon(S), Huet(H), St. Martin, St. John, Blampied(H), Rabet(H), Crowcroft (H), Vibert (B), de la Haye(B), St. Peter, Dubras(L), Le Claire(H).

"Contre" (1)

Deputy

G.  Baudains(C)

THE STATES, in exercise of the powers conferred on them by Article 12 of the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998, made Regulations entitled the European Bank for Reconstruction and Development (Immunities and Privileges) (Jersey) Regulations 1999.

Draft Age of Majority (Jersey) Law 1999 (Appointed Day) Act 199  - P.128/99

THE STATES, in pursuance of Article 8 of the Age of Majority (Jersey) Law 1999, made an Act entitled the Age of Majority (Jersey) Law 1999 (Appointed Day) Act 1999.

Draft Housing (General Provisions) (Amendment No. 13) (Jersey) Regulations 199 - P.134/99

THE STATES, in pursuance of Articles 10 and 15 of the Housing (Jersey) Law 1949, as amended, made Regulations entitled the Housing (General Provisions) (Amendment No. 13) (Jersey) Regulations 1999.

Draft Currency Notes (Variation of Maximum Amount of Issue) (Jersey) Regulations 199  - P.131/99

THE STATES, in pursuance of paragraph (2) of Article 1 of the Currency Notes (Jersey) Law 1959, as amended, made Regulations entitled the Currency Notes (Variation of Maximum Amount of Issue) (Jersey) Regulations 1999.

Parish Rate Appeal Board: appointment of members - P.132/99

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 -

C o li n Elsworth Arbuthnot Baird M a r ti n John Dryden

P a tr ic k Edward Freeley

L e sl i e May

as members of the Parish Rate Appeal Board, for the period ending 30th September 2000.

THE STATES rose at 6.18 p.m.

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