States Minutes 19th July 2000

THE STATES assembled on Tuesday, 19th July 2000 at 9.30 a.m. under

the Presidency of the Bailiff ,

Sir Philip Bailhache .

All members were present with the exception of -

F r ancis Herbert Amy, Connétable of Grouville - out of the Island

D a vid Leon Crespel, Deputy of Trinity - out of the Island

K e nneth William Syvret, M.B.E., Deputy of St. Ouen - out of the Island

Prayers read by the Bailiff

Connétable of St. Mary - retirement

The Bailiff referred to the impending retirement of Mr. Edwin Le Gresley Godel, Connétable of St. Mary , and thanked him for his services to the Island.

Extraordinary meeting of the States - 3rd August 2000

The Bailiff informed the Assembly that, in accordance with Standing Order No. 4(2), he had received a requisition for the States to be convened in extraordinary session, signed by the following elected members of the States -

1. S ena tor S. Syvret
2. S ena tor P.V.F. Le Claire
3. D eput y G.C.L. Baudains of St. Clement
4. S ena tor W. Kinnard
5. D eput y C.J. Scott Warr en of St. Saviour
6. S ena tor J.A. Le Maistre

8. D eput y A.S. Crowcroft of St. Helier .

The Bailiff informed members that, following consultation, the meeting would be held on Thursday, 3rd August 2000 at 9.30 a.m. for the purpose of considering the following matters-

S t . H elier Waterfront leisure complex lease: amendments to legal documentation (revisions) -

P.132/2000.

L odge d: 18th July 2000.

Sen at or S. Syvret.

 S t. H elier Waterfront leisure complex lease: second amendments to legal documentation - P.133/2000. L odge d: 18th July 2000.

 Sen at or P.V.F. Le Claire.

 S t. H elier Waterfront leisure complex lease: length of lease - P.134/2000. L odge d: 18th July 2000.

 Sen at or S. Syvret.

Draft Misuse of Drugs (Amendment No. 2) (Jersey) Law 200 - P.94/2000

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Misuse of Drugs (Amendment No. 2) (Jersey) Law 200 .

St. Helier Waterfront Hotel: terms of lease - P.106/2000 - (P.106/2000): comments - P.106/2000 - (P.106/2000) - amendment - P.127/2000

THE STATES commenced consideration of a proposition of the Policy and Resources Committee concerning the St. Helier Waterfront Hotel: terms of lease, and of an amendment of Senator Paul Vincent Francis Le Claire that in paragraph (a) for the words "150 years" there should be substituted the words "50 years". After discussion Senator Le Claire withdrew the amendment.

THE STATES rejected an amendment of Senator Stuart Syvret that in paragraph (a) for the words "150 years" there should be substituted the words "99 years".

Members present voted as follows -

"Pour" (10)

Senators

Le Maistre, Bailhache , Syvret, Kinnard, Le Claire.

Deputies

Breckon(S), St. Martin , G. Baudains(C), Le Hérissier(S), Martin(H).

"Contre" (39)

Senators

Horsfall, Stein, Quérée, Norman, Walker , Le Sueur , Lakeman.

Connétable s

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

Deputies

H. Baudains(C), St. Mary, S. Baudains(H), Duhamel(S), Routier(H), Layzell(B), Grouville , Huet(H St. John , Le Main(H), Crowcroft (H), Vibert (B), St. Peter, Dubras(L), Dorey(H), Troy (B), Voisin(L), Scott Warr en(S), Ozouf (H), Fox(H), Bridge(H).

THE STATES rejected an amendment of Senator Stuart Syvret that in paragraph (a) for the words "room turnover" there should be substituted the words "total site turnover".

Members present voted as follows -

"Pour" (11)

Senators

Le Maistre, Bailhache , Syvret, Kinnard, Le Claire.

Deputies

Duhamel(S), Breckon(S), St. Martin , G. Baudains(C), Scott Warr en(S), Martin(H).

"Contre" (38)

Senators

Horsfall, Stein, Quérée, Norman, Walker , Le Sueur , Lakeman. Connétable s

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

Deputies

H. Baudains(C), St. Mary, S. Baudains(H), Routier(H), Layzell(B), Grouville , Huet(H), St. John , L Main(H), Crowcroft (H), Vibert (B), St. Peter, Dubras(L), Dorey(H), Troy (B), Voisin(L), Le Hérissier (S), Ozouf (H), Fox(H), Bridge.

THE STATES rejected an amendment of Senator Stuart Syvret that in the lease, after clause 3.11.2. there should be inserted the following clause, "3.11.3. not to use the premises for gaming or gambling."

Members present voted as follows -

"Pour" (7)

Senators

Le Maistre, Bailhache , Syvret, Kinnard, Le Claire. Deputies

7. Baudains(C), Martin(H).

"Contre" (42)

Senators

Horsfall, Stein, Quérée, Norman, Walker , Le Sueur , Lakeman.

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

Deputies

8. Baudains(C), St. Mary, S. Baudains(H), Duhamel(S), Routier(H), Layzell(B), Breckon(S Grouville , Huet(H), St. Martin , St. John , Le Main(H), Crowcroft (H), Vibert (B), St. Peter, Dubras(L), Dorey(H), Troy (B), Voisin(L), Scott Warr en(S), Le Hérissier(S), Ozouf (H), Fox(H), Bridge(H).

THE STATES, adopting a proposition of the Policy and Resources Committee -

1. appr  oved the lease by the public to Jersey Waterfront Hotel Holding Limited of approximately
   65. vergées of land west of the Albert Pier, St. Helier (as shown on Drawing No. H-S-2A) for a period of 150 years at a rental equivalent to three per cent of room turnover commencing on the first anniversary of the commencement of the operation of the hotel business, the land to be used for the construction of a hotel with conference facilities;
2. ag reed that, in the event of the public wishing to offer the land for sale, the lessee should be offered the opportunity to purchase it at market value before it is offered for sale to any other party;
3. a ut horised the Attorney General and the Greffier of the States to pass the necessary contracts on behalf of the public.

Members present voted as follows -

"Pour" (37) Senators

Horsfall, Stein, Quérée, Bailhache , Walker , Le Sueur . Connétable s

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

Deputies

H. Baudains(C), St. Mary, Duhamel(S), Routier(H), Layzell(B), Grouville , Huet(H), St. John, L Main(H), Crowcroft (H), Vibert (B), St. Peter, Dubras(L), Dorey(H), Troy (B), Voisin(L), Farnham (S), Le Hérissier(S), Ozouf (H), Fox(H), Bridge(H).

"Contre" (8)

Senators

Syvret, Kinnard, Le Claire.

Deputies

Breckon(S), St. Martin , G. Baudains(C), Scott Warr en(S), Martin(H).

Change in Presidency

THE STATES assembled after the lunch adjournment under the Presidency of the Deputy Bailiff , Mr. Michael Cameron St. John Birt, and he presided for the remainder of the meeting.

Draft Trade Marks (Jersey) Law 2000 (Appointed Day) Act 200 - P.112/2000

THE STATES, in pursuance of Article 38 of the Trade Marks (Jersey) Law 2000, made an Act entitled the Trade Marks (Jersey) Law 2000 (Appointed Day) Act 2000.

Draft Harbours (Administration) (Amendment No. 5) (Jersey) Law 200 - P.114/2000

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Harbours (Administration) (Amendment No. 5) (Jersey) Law 200 .

Draft Aerodromes (Administration) (Amendment No. 4) (Jersey) Law 200 - P.115/2000

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Aerodromes (Administration) (Amendment No. 4) (Jersey) Law 200 .

Explosives magazines, Crabbé: lease - P.118/2000

THE STATES, adopting a proposition of the Home Affairs Committee -

( a) approved the lease to Orica Europe Limited of premises at Crabbé, St. Mary , as shown on

drawing no. 653/1 comprising two existing explosives stores, inclusive of the West Compound totalling approximately 3,120 square feet with a Magazine of approximately 264 square feet gross external area and East Compound totalling approximately 6,588 square feet with a Magazine of approximately 180 square feet gross external area for a period of nine years at a commencing annual rental of £8,500, subject to three yearly rent reviews in line with the percentage increase of the Jersey Retail Price Index with the option to renew the lease for a further nine years and with all other terms as set out in the report of the Committee dated 15th June 2000;

( b ) approved the lease to Orica Europe Limited of premises at Crabbé, St. Mary , as shown on

drawing no. 653/1 comprising two explosives stores, inclusive of Magazine Compound No.1, with a total area of 1,052 square feet, a bunded area of approximately 735 square feet and a Magazine of approximately 175 square feet gross external area, Magazine Compound No. 2, with a total area of 1,025 square feet, a bunded area of approximately 735 square feet and a Magazine of approximately 175 square feet gross external area, with the lease to commence upon completion of the construction of the Magazine Compounds and to be for a period of nine years at a rental equated to the capital cost of construction amortised over a period of nine years without review, with the option to renew the lease for a further nine years, and with all other terms as set out in the Committee report dated 15th June 2000;

(c ) aut horised the Attorney General and the Greffier of the States to pass the necessary contracts on

behalf of the public; and

(d ) authorised the Treasurer of the States to receive the rent and capital repayment as they become

due.

Draft Electronic Communications (Jersey) Law 200 -P.98/2000

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Electronic Communications (Jersey) Law 200 .

Royal Court House/States Building: approval of drawings - P.119/2000.

THE STATES commenced consideration of a proposition of the Public Services Committee concerning the Royal Court House/States Building: approval of drawings and adopted an amendment of Senator Stuart Syvret that in paragraph (a), after the word "Building" there should be inserted the words "excepting that the proposed usage and allocation of space described with the drawings shall not be fixed until the needs of the legislature can be assessed in the light of the recommendations of the Review of the Machinery of Government."

THE STATES, adopting a proposition of the Public Services Committee, as amended -

(a ) approved drawings Nos. 2980/13, 21(A), 22(A), 24(A), 25(A), 101(C), 102(L), 103(B), 104(A),

105(B), 200, 201(D), 202(F), 300(A) showing Phase One and Phase Two of the proposed refurbishment of the Royal Court/States Building excepting that the proposed usage and allocation of space described with the drawings should not be fixed until the needs of the legislature could be assessed in the light of the recommendations of the Machinery of Government, and approved drawings Nos. 2980/105(E), 600, 601, 602(A) illustrating the proposed alterations and extension to the existing caretaker's flat.

(b ) a uthorized the Greffier of the States to sign the said drawings on behalf of the States. Draft HSBC Republic Holdings (C.I.) Limited (Jersey) Law 200 - P.120/2000

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the HSBC Republic Holdings (C.I.) Limited (Jersey) Law 200 .

Draft The Royal Bank of Canada (Jersey) Law 200 -P.121/2000

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled The Royal Bank of Canada (Jersey) Law 200 .

Falles Holdings Limited: lease of land at La Collette II, St. Helier - P.122/2000

THE STATES, adopting a proposition of the Planning and Environment Committee, referred to their Act dated 3rd February 1999 and -

(a ) approved the lease by the public to Falles Holdings Limited of an area of land of no less than

30,974 square feet at La Collette Phase II, for a period of 42 years at an appropriate market rental to be agreed with the Finance and Economics Committee, on satisfactory completion of in-filling and infrastructure works, on the heads of terms set out in the Appendix to the report of the Planning and Environment Committee dated 16th March 2000, for the purpose of constructing a building for the storage of cars and the ancillary uses associated with the maintenance, cleaning and re-fuelling of its hire car fleet;

(b) authorised the Attorney General and the Greffier of the States to pass the necessary contracts on behalf of the public.

Invesco House, The Forum, Grenville Street, St. Helier : assignment of lease - P.126/2000 THE STATES, adopting a proposition of the Telecommunications Board -

(a ) appr oved the assignment of the lease from Invesco International Ltd. to the public of Block 1, The Forum, Grenville Street, St. Helier , for the purposes of accommodating the Jersey Telecoms

Accounts, Finance, Strategic Planning and other teams for a period commencing at passing of

contract until 3rd December 2008, at a total annual rent of £405,520 for 17,151 square feet of office

accommodation (representing a rate of £22.50 a square foot) and 14 car parking spaces (representing a rate of £1,850 a space a year) the rental being subject to review on 4th December 2002 on the basis of open market rental value;

 (b ) a uthorised the Greffier of the States to sign the said lease;

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

The President of the Telecommunications Board gave an undertaking to the Assembly that the lease would not be forwarded to the Greffier of the States for signature until a legally binding sub-agreement with the assignor was in place to indemnify the public against any repairs that might be required in connexion with the cladding of the premises.

Members present voted as follows -

"Pour" (30)

Senators

Horsfall, Le Maistre, Stein, Quérée, Syvret, Le Sueur , Le Claire. Connétable s

St. Mary , St. Ouen , St. John , Trinity , St. Saviour , St. Clement . Deputies

Duhamel(S), Routier(H), Breckon(S), Huet(H), St. Martin , Crowcroft (H), Vibert (B), St. Peter, Dubras (L), G. Baudains(C), Dorey(H), Troy (B), Scott Warr en(S), Farnham (S), Le Hérissier(S), Fox(H), Martin(H).

"Contre" (1)

Deputy

St. John .

THE STATES rose at 6.31 p.m.

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