States Minutes 5th December 2000

THE STATES assembled on Tuesday, 5th December 2000 at 9.30 a.m. under the Presidency of the Bailiff ,

Sir Philip Bailhache .

All members were present with the exception of -

J a cqueline Jeannette Huet, Deputy of St. Helier - ill J u dith Ann Martin, Deputy of St. Helier - ill

Prayers

Newly-elected Connétable of St. John

The Bailiff , on behalf of all members, welcomed to the States Mr. Michael John Touzel, newly-elected Connétable of St. John.

Subordinate legislation tabled

The following enactments were laid before the States, namely -

Rules of the Air (Jersey) Order 2000. R & O 128/2000

Airport Dues (Tariff) (No. 2) (Jersey) Order 2000. R  &  O 129/2000

Pilotage (Dues and Fees) (Amendment No. 13) (Jersey) Order 2000. R & O 130/2000 Police (Complaints and Discipline Procedure) (Jersey) Order 2000. R & O 131/2000.

Matters presented

The following matters were presented to the States -

Draft Harbours (Amendment No. 31) (Jersey) Regulations 200- (P.175/2000): comments - P.175/2000 - Com. Presented by the Finance and Economics Committee.

Draft Boats and Surf-Riding (Control) (Amendment No. 20) (Jersey) Regulations 200- (P.196/2000): comments - P.196/2000 - Com.

Presented by the Finance and Economics Committee.

Draft Public Service Vehicles (Fees) (Amendment No. 11) (Jersey) Regulations 200- (P.199/2000): comments - P.199/2000 Com.

Presented by the Finance and Economics Committee.

Draft Hire Cars (No. 10) (Jersey) Regulations 200- (P.200/2000): comments. P.200/2000 - Com. Presented by the Finance and Economics Committee.

50 Colomberie and 1 Little Green Street, St. Helier : conditions of sale (P.217/2000): comments - P.217/2000 - Com.

Presented by the Planning and Environment Committee.

Draft Family Allowances (Jersey) Regulations 200- (P.220/2000): comments. P.220/2000 - Com. Presented by the Finance and Economics Committee.

THE STATES ordered that the said reports be printed and distributed. Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 27th November 2000 recording the following decision of the Treasurer of the States under delegated powers, in pursuance of Standing Orders relating to certain transactions in land -

as recommended by the Health and Social Services Committee, the renewal of the lease from Mrs. Patricia Francis Bree, née Baudains, and Mr. Graeme Bree, of the "(j)" category property known as Le Becquet Carré, Pontac, St. Clement, for a period of three years and three months from 8th September 2000 (terminating on 31st January 2004), at an annual rent of £19,000 (representing a weekly rate of £365.38), payable quarterly in advance, to be revised annually in line with the increase in the Jersey Retail Price Index, with all other terms and conditions to remain as in the existing lease.

Matters noted - acceptance of tender

THE STATES noted an Act of the Finance and Economics Committee dated 27th November 2000, showing that, in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that the Health and Social Services Committee, by Act dated 17th November 2000, had accepted the lowest tender for the proposed construction of the Poplars Day Centre, namely that submitted by J.P. Mauger Limited in the sum of £769,778.00, in a contract period of 48 weeks, subject to the provision of additional funding of £50,598 to Capital Vote C3237 in order to cover inflation from December 1999 to contract completion for that portion of the vote which was for the extension of the Poplars Day Centre.

Matters lodged

The following matter was lodged "au Greffe" -

Draft Disability Transport Allowance (Jersey) Regulations 200- - P.222/2000. Presented by the Employment and Social Security Committee.

Arrangement of public business for the next meeting on 12th December 2000.

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 12th December 2000 -

Employment legislation - P.99/2000. Lodged: 20th June 2000.

Employment and Social Security Committee.

Employment legislation (P.99/2000): addendum to report - P.99/2000 - Rpt. Presented: 3rd October 2000.

Employment and Social Security Committee.

Employment legislation (P.99/2000): amendments -P.183/2000. Lodged: 24th October 2000.

Industries Committee.

Employment legislation (P.99/2000): amendments (P.183/2000) - amendment - P.218/2000. Lodged: 21st November 2000.

Industries Committee.

Draft Harbours (Amendment No. 31) (Jersey) Regulations 200 - P.175/2000.

Lodged: 10th October 2000 Harbours and Airport Committee.

Draft Harbours (Amendment No. 31) (Jersey) Regulations 200- (P.175/2000): comments - P.175/2000 Com.

Presented: 5th December 2000.

Finance and Economics Committee.

Draft Amendment (No. 25) to the Tariff of Harbour and Light Dues - P.195/2000. Lodged: 7th November 2000.

Harbours and Airport Committee.

Draft Amendment (No. 25) to the Tariff of Harbour and Light Dues (P.195/2000):amendment - P.219/2000.

Lodged: 21st November 2000.

Deputy P.F.C. Ozouf of St. Helier .

Draft Boats and Surf-Riding (Control) (Amendment No. 20) (Jersey) Regulations 200- - P.196/2000. Lodged: 7th November 2000

Harbours and Airport Committee.

Draft Boats and Surf-Riding (Control) (Amendment No. 20) (Jersey) Regulations 200- (P.196/2000): comments - P.196/2000 - Com.

Presented: 5th December 2000.

Finance and Economics Committee.

Draft Subordinate Legislation (Amendment No. 2) Law 200- - P.205/2000.

Lodged: 14th November 2000.

Legislation Committee.

Draft Criminal Justice (Compensation Orders) (Jersey) Regulations 200- - P.206/2000. Lodged: 14th November 2000.

Legislation Committee.

Draft Criminal Justice (Compensation Orders) (Jersey) Regulations 200- (P.206/2000): addendum - P.206/2000 Rpt.

Presented: 21st November 2000.

Legislation Committee.

50 Colomberie and 1 Little Green Street, St. Helier : conditions of sale - P.217/2000. Lodged: 21st November 2000.

Public Services Committee.

50 Colomberie and 1 Little Green Street, St. Helier: conditions of sale (P.217/2000): comments - P.217/2000 Com.

Presented: 5th December 2000.

Planning and Environment Committee.

Draft Family Allowances (Jersey) Regulations 200- - P.220/2000. Lodged: 28th November 2000.

Employment and Social Security Committee.

Health Services Disciplinary Tribunal: appointment of members - P.221/2000. Lodged: 28th November 2000

Employment and Social Security Committee.

Audit of agricultural loans - statement

Senator Jean Amy Le Maistre, President of the Agriculture and Fisheries Committee, made a statement in the following terms -

"As a result of concerns expressed both by and to the Agriculture and Fisheries Committee earlier this year an audit of agricultural loans administered by the Department was requested. The request was made by the Agriculture and Fisheries Audit Committee and Chief Officer of the Department. The Audit and Risk Management Division and the Agriculture and Fisheries Audit Committee jointly carried out the audit. The scope of the audit has ensured that loans of all kinds provided since 1990 have been examined.

The audit has now been completed and the report has been submitted to both the Agriculture and Fisheries and Finance and Economics Committees. A number of important recommendations have been made.

There can be no doubt that the Committee must accept responsibility for the manner in which the loans have been administered since 1990 and the shortcomings which have been identified. Whilst it may be said that the various decisions will have been made with the best of intentions, nevertheless attention has been drawn to a number of shortcomings in decision making and control measures.

All the recommendations will be implemented and work has already commenced in this regard. The Department will be seeking further assistance from the Treasury. Bearing in mind the present state of the agricultural industry and the significant sum of public money invested, the Committee also believes that it must have qualified accountancy support within the Department at least in the short term. In addition the Committee will be addressing the policy issues which have been identified concerning agricultural loans.

The report be made available to all members before the end of the day."

Budget 2001.

THE STATES commenced consideration of the Budget for the financial year commencing 1st January 2001, which in accordance with Article 16 of the Public Finances (Administration) (Jersey) Law 1967, as amended, had

been  presented  to  the  Assembly  on  14th  November  2000,  by  the  Finance  and  Economics  Committee  and comprised -

1. t h e estimateof the revenue income and ofthe expenditure ofthe States;
2. th e estimateof the transactions of the capital fund;
3. t h e estimateof the transactions of the trading funds; and
4. t h e Reportof the FinanceandEconomics Committee thereon.

Deputy J.J. Huet - attendance

Deputy Jacqueline Jeannette Huet of St. Helier attended the meeting after the lunch adjournment during the discussion on the Budget.

Budget 2001

THE STATES commenced consideration of the estimates of the revenue income and of the expenditure of the various committees, and decided to allow the amounts of the said estimates as detailed in the undermentioned pages of the Budget as follows -

Policy and Resources Committee - Page 6

Finance and Economics Committee - Pages 8 and 9 Human Resources Committee - Page 12

Planning and Environment Committee - Page 15 Industries Committee - Page 18

Health and Social Services - Pages 21 and 22 Education Committee - Page 25

Public Services Committee - Page 28

THE STATES commenced consideration of the estimates of the Agriculture and Fisheries Committee.

Senator Christopher Gerard Pellow Lakeman proposed that the total amount of the expenditure be reduced from £8,088,500 to £7,108,300 by reducing the Financial Aid for Growers from £1,960,400 to £980,200.

THE STATES then adjourned, having agreed that the outstanding matters in the Budget and other items of public business should stand over until Wednesday 6th December 2000.

THE STATES rose at 5.49 p.m.

C.M. NEWCOMBE Greffier of the States.