States Minutes 29th June 1999

THE STATES assembled on Tuesday, 29th June 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 -

Senator Jean Amy Le Maistre, - out of the Island

Senator Jeremy Laurence Dorey - absent

Edwin Le Gresley Godel, Connétable of St. Mary - out of the Island Shirley Margaret Baudains, Deputy of St. Helier - ill

Imogen Stephanie Nicholls, Deputy of Grouville - absent

Maurice François Dubras Deputy of St. Lawrence - out of the Island.

Prayers

H.R.H. The Earl of Wessex - letter of thanks

The Bailiff informed the States that the following message had been received by His Excellency the Lieutenant Governor from the Private Secretary to His Royal Highness The Earl of Wessex -

 "25 t h J une 1999 D ear S ir Michael,

I have been asked by The Earl of Wessex to thank you, the Bailiff , States and people of Jersey very

much indeed for your message of congratulations on their marriage.

H i s R oyal Highness is joined by the Countess in thanking you all for your thought, and for your kind

words of welcome to Jersey. The couple very much hope that there will be an opportunity for them to visit in the not too distant future.

 L ie ut enant Colonel Sean O'Dwyer, L.V.O.,

 P ri vat e Secretary to H.R.H. The Earl of Wessex, C.V.O."

Distinguished visitor - welcome

The Bailiff welcomed to the States Mrs. Judith Mayhew, Chairman of the Policy and Resources Committee of the Corporation of London.

Tabling of subordinate legislation

The following enactments were laid before the States, namely-

Radio Equipment (Jersey) Order 1999. R  &  O 9409.

Investment Business (Registration and Fees) (Jersey) Order 1999. R  &  O 9410.

Investment Business (Exemption No. 1A) (Jersey) Order 1999. R  &  O 9411. Investment Business (Exemption No. 4A) (Jersey) Order 1999. R  &  O 9412.

Committee for Postal Administration - appointment of member

THE STATES appointed the Connétable of St. Saviour as a member of the Committee for Postal Administration.

Matter presented

The following matter was presented to the States-

Social rented and first-time buyer housing: proposals for future funding (P.74/99): comments - P.74/99 Com.(3).

Presented by the Policy and Resources Committee.

THE STATES ordered that the said report be printed and distributed. Arrangement of public business for the next meeting on 6th and 7th July 1999

THE STATES noted that the list of matters lodged "au Greffe" to be considered at the next meeting on 6th and 7th July 1999 had been agreed at the last meeting on 22nd June 1999.

Draft Conservation of Wildlife (Jersey) Law 199 : continuation of second reading - P.223/98 Amendments - P.29/99; second amendments - P.49/99; third amendments - P.56/99; fourth amendments; Report - P.223/98 Rpt.

THE STATES resumed consideration of the draft Conservation of Wildlife (Jersey) Law 199 which had been discontinued on 22nd June 1999. The Bailiff informed the Assembly that the remaining amendments presented by the Deputy of Grouville (P.49/99 lodged "au Greffe" on 13th April 1999) could not be moved as the Deputy was absent from the meeting.

Articles 6 and 7 were adopted, the States having accepted an amendment of the Planning and Environment Committee that for paragraph (2) of Article 7 there should be substituted the following paragraph -

"( 2) Paragraph (1) does not apply -

(a) to any person acting with authority of and in accordance with a licence; or

(b ) where the act which would otherwise constitute an offence under it relates to a dead protected wild

bird or anything derived from such a bird which is shown to have been killed otherwise than in contravention of this Law or was lawfully imported.".

Article 8 was adopted, the States having accepted an amendment of the Planning and Environment Committee that in the heading, for the words "wild animals and wild birds" there should be substituted the words "protected wild animals and protected wild birds"; that in paragraph (1), for the words "live wild animal or live wild bird" there should be substituted the words "live protected wild animal or live protected wild bird"; and that in paragraph (5), for the words "or any part of or thing derived from such an animal or bird, and to the ordinary penalty in any other case" there should be substituted the words "and to the ordinary penalty where it relates to any other protected wild bird".

Article 9 was adopted, the States having rejected an amendment of Deputy Gerard Clifford Lemmens Baudains of St. Clement that in paragraph (1), for the words "paragraphs (2) to (4)" there should be substituted the words "paragraphs (2) to (5)"; that after paragraph (2) there should be inserted the following paragraph -

" ( 3) Paragraph (1) does not apply to any person setting or using a Larsen trap for the purpose of

taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any carrion crow (Corvus corone) or magpie (Pica pica).";

and that paragraphs (3), (4), (5) and (6) should be renumbered respectively as paragraphs (4), (5), (6) and (7). Members present voted on the amendment as follows -

"Pour" (11)

Connétable s

St. Peter , Grouville , St. Helier , St. Martin , St. Saviour .

Deputies

Coutanche(L), St. John , Le Main(H), Rabet(H), de la Haye(B), G. Baudains(C).

"Contre" (28)

Senators

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

St. Lawrence , St. Brelade , St. Ouen , St. John , St. Clement .

Deputies

H. Baudains(C), Le Sueur(H), Trinity , Pullin(S), Johns(H), Duhamel(S), Layzell(B), Breckon(S), Huet(H), St. Martin , Blampied(H), Vibert (B), St. Peter , St. Ouen , Le Claire(H).

Articles 10 to 15 and the Third and Fourth Schedules were adopted, the States having accepted as amendment of the Planning and Environment Committee that for paragraph (1) of Article 15 there should be substituted the following paragraph -

" ( 1 ) S ubj ect to paragraph (4), it shall be an offence for any person to release or allow to escape

into the wild -

( a ) a ny a nimal or bird which is of a kind which is not ordinarily resident in or a regular visitor to

the Island in a wild state; or

(b ) any pheasant (Phasianus colchicus), red-legged partridge (Alectoris rufa) or partridge

(Perdrix perdrix).".

Article 16 was adopted, the States having accepted an amendment of the Planning and Environment Committee that in paragraph (2) after the words "a licence" there should be inserted the words ", other than a licence authorizing the release of pheasants (Phasianus colchicus), red-legged partridges (Alectoris rufa) or partridges (Perdrix perdrix) into the wild,"; that in sub-paragraph (b), after the words "any wild bird" there should be inserted the words "or wild animal"; and that in sub-paragraph (h), for the words "or fisheries" there should be substituted the words ", fisheries or other forms of property, whether movable or immovable.".

Article 17 to 26 and the Fifth Schedule was adopted.

The Bill, as amended, was adopted in Second Reading (P.87/99).

Draft Regulation of Undertakings and Development (Amendment No. 10 (Jersey) Regulations 199 - P.69/99

THE STATES, in pursuance of Articles 2 and 3 of the Regulation of Undertakings and Development (Jersey) Law 1973, as amended, made Regulations entitled the Regulation of Undertakings and Development (Amendment No. 10) (Jersey) Regulations 199 .

Marine leisure industry: lease of land to Channel Islands Marine Limited - P.70/99 THE STATES, adopting a proposition of the Harbours and Airport Committee -

(a ) approved the lease to Channel Islands Marine Limited of land measuring approximately 5,473

square feet for a period of 21 years, with an option to renew for a further period of 21 years on similar terms and conditions, the land to be used for the purpose of constructing a marine servicing boat shed at La Collette boat maintenance park to the south east of the new 65 ton boat hoist dock (as shown in drawing 1721/01B) at an annual rental of £8,209.50 (representing a rate of £1.50 per square foot) and to be subject to upward review to the open market rental value of the land from the date of registration of the lease in the Royal Court;

(b ) authorised the Attorney General and the Greffier of the States to pass the necessary contract on

behalf of the public;

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

The Deputy of St.Mary declared an interest and withdrew from the Chamber prior to the consideration of this matter.

Marine leisure industry: lease of land to GT Marine Limited - P.71/99 THE STATES, adopting a proposition of the Harbours and Airport Committee -

(a ) appr oved the lease to GT Marine Limited of land measuring approximately 7,168 square feet for a

period of 21 years, with an option to renew for a further period of 21 years on similar terms and conditions, the land to be used for the purpose of constructing two marine engineering workshops at La Collette boat maintenance area to the south of the Driver and Vehicle Standards Department building at an annual rental of £10,752 (representing a rate of £1.50 a square foot) subject to upward review to the open market rental value of the land or the Jersey cost of living index, whichever is the greater at the date of each review, every five years from the date of registration of the lease in the Royal Court;

(b ) authorised the Attorney General and the Greffier of the States to pass the necessary contract on

behalf of the public;

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

The Deputy of St. Mary declared an interest and withdrew from the Chamber prior to the consideration of this matter.

Mr. D.R. Manning: grant of a loan (Field 1007, St. John ) - P.72/99

THE STATES, adopting a proposition of the Finance and Economics Committee, referred to their Act dated 17th November 1998, in which they approved the granting of financial assistance to Mr. David Ronald Manning in order that he might construct a domestic dwelling on Field 1007, St. John , and -

(a ) app roved a loan of an amount not exceeding £200,000 with interest at four per cent per annum to

Mr. David Ronald Manning to enable him to build a four-bedroomed house on Field 1007, the loan to be repayable in equal monthly instalments on or before the expiry of fifteen years from the date of completion of the works as certified by the architect, or on sale or transfer of the property from the owner to a third party;

 (b ) a greed that the loan be secured on the proposed house, shed and Fields 1007 and 1009;

( c) applied simple interest at four per cent on capital advances up to the date of completion as

certified by the architect;

 (d ) a greed that a mortgage protection policy be in place prior to the loan being advanced;

(e ) agreed that the work should be carried out to the satisfaction of the Planning and Environment

Committee;

( f) agreed that payment would be made directly to the contractor(s) on production of architects'

certificates.

Members present voted as follows -

"Pour" (32)

Senators

Shenton, Horsfall, Rothwell, Stein, Quérée, Bailhache , Syvret, Walker , Kinnard.

Connétable s

St. Brelade , St. Peter , Grouville , St. Helier , St. John , St. Saviour . Deputies

Wavell(S), H. Baudains(C), St. Mary, Le Geyt(S), Trinity , Pullin(S), Duhamel(S), Routier(H), Breckon(S), St. Martin , St. John , Rabet(H), Crowcroft (H), Vibert (B), St. Peter , G. Baudains(C), Le Claire(H).

"Contre" (14)

Senator

Norman.

Connétable s

St. Lawrence , St. Martin , Trinity , St. Clement . Deputies

Le Sueur (H), Coutanche(L), Johns(H), Layzell(B), Huet(H), Le Main(H), Blampied(H), de la Haye (B), St. Ouen .

Draft Criminal Hoaxes (Jersey) Law 199  - P.75/99

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

Sustainable Island Transport Policy - P.60/99

THE STATES, adopting a proposition of the Public Services Committee, received the sustainable Island traffic and transport policy, based on transport diversification, as outlined by the Public Services Committee in its report dated 22nd February 1999; and -

1. a pproved in principle, the proposals set out in the said report;
2. a pproved the carrying-out of a financial appraisal of the policy;
3. ch arged the Public Services Committee to report back to the States at regular intervals on progress of the strategy.

Members present voted as follows -

"Pour" (35)

Senators

Horsfall, Rothwell, Stein, Quérée, Bailhache , Syvret, Kinnard.

Connétable s

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

Deputies

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

"Contre" (5)

Connétable s

Grouville , St. Saviour .

Deputies

St. John , Rabet(H), G. Baudains(C). THE STATES rose at 3.52 p.m.

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