States Minutes 17th JUly 2001

THE STATES assembled on Tuesday, 17th July 2001 at 9.30 a.m. under

the Presidency of the Bailiff ,

Sir Philip Bailhache .

His Excellency the Lieutenant Governor,

Air Chief Marshal Sir John Cheshire, K.B.E., C.B., was present

All members were present with the exception of -

S h irley Margaret Baudains, Deputy of St. Helier - out of Island J o hn Benjamin Fox, Deputy of St. Helier - out of Island

J e nnifer-Anne Bridge - Deputy of St. Helier - ill

Prayers

Subordinate legislation tabled

The following enactments were laid before the States, namely -

Battle of Flowers (Jersey) Order 2001. R & O 104/2001.

Road Traffic ( Trinity ) (Amendment No. 3) (Jersey) Order 2001. R & O 105/2001. Road Racing (Hill Climbs and Sprints) (No.  2) (Jersey) Order 2001. R & O 106/2001.

Sport, Leisure and Recreation Committee - appointment of member

THE STATES appointed the Connétable of St. Peter as a member of the Sport, Leisure and Recreation Committee.

Matters presented

The following matters were presented to the States -

Commission Amicale: visit of States members to Saint Lô - 27th and 28th April 2001 - R.C.25/2001. Presented by the Commission Amicale.

Commission Amicale: report for 2000 - R.C.26/2001.

Presented by the Commission Amicale.

Draft Marriage and Civil Status (Jersey) Law 200- (P.89/2001): comments - P.89/2001 Com. Presented by the Finance and Economics Committee.

Draft Telecommunications (Jersey) Law 200- (P.103/2001): comments - P.103/2001 Com.

Presented by the Human Resources Committee.

Financial assistance for the cost of ophthalmic and dental care for persons aged over 65: revisions to proposed

scheme (P.107/2001) - comments - P.107/2001 Com. Presented by the Finance and Economics Committee.

Data Protection - report for 2000.

Presented by the Finance and Economics Committee.

Criminal Injuries Compensation Board: report and accounts for 2000 - R.C.27/2001. Presented by the Home Affairs Committee.

THE STATES ordered that the said reports be printed and distributed.

Matters lodged

The following matters were lodged "au Greffe" -

50 La Colomberie and 1 Little Green Street, St. Helier: conditions of sale- P.110/2001. Presented by the Public Services Committee.

Draft Standard Chartered Bank (CI) Limited (Jersey) Law 200- P.111/2001. Presented by the Deputy of St. Mary.

Draft Gambling (Channel Islands Lottery) (Amendment No.  4) (Jersey) Regulations 200- P.112/2001. Presented by the Gambling Control Committee.

Bus Strategy (P.104/2001): amendment - P.104/2001 Amd. Presented by the Industries Committee.

Bus Strategy (P.104/2001): second amendments - P.104/2001 Amd.(2). Presented by Deputy J.L. Dorey of St. Helier.

Projet d'Acte (2001) mettant en vigueur la Loi (1995) (Abrogation) sur les Etrangers - P.113/2001. Presenté par le Comité des Affaires Intérieures.

Draft Immigration (Designated Ports of Entry and Exit) (Jersey) Act 200- P.114/2001. Presented by the Home Affairs Committee.

St. Helier ring-road: deferment of works - P. 115/2001.

Presented by Deputy G.C.L. Baudains of St. Clement and referred to the Planning and Environment and the Public Services Committees.

François Scornet: commemorative statue - P. 116/2001. Presented by Senator P.V.F. Le Claire.

D'Auvergne playing field (former J.C.G. playing field), La Pouquelaye, St. Helier: proposed primary school- P. 117/2001.

Presented by the Planning and Environment Committee.

Elizabeth Terminal: alteration and refurbishment - P.118/2001. Presented by the Harbours and Airport Committee.

La Sirène Guest House, St. Helier : ex gratia payment to proprietors - P.119/2001. Presented by Deputy A.S. Crowcroft of St. Helier.

The following matters were lodged on 10th July -

Trinity House, Bath Street, St. Helier : lease of office accommodation for the Employment Tribunal - P.106/2001.

Presented by the Employment and Social Security Committee.

Financial assistance for the cost of ophthalmic and dental care for persons aged over 65: revisions to proposed scheme - P.107/2001.

Presented by the Employment and Social Security Committee.

Draft Marriage and Civil Status (Jersey) Law 200- (P.89/2001): amendments - P.108/2001. Presented by the Tourism Committee.

Draft Telecommunications (Jersey) Law 200- (P.103/2001): amendment - P.109/2001. Presented by Deputy J.L. Dorey of St. Helier.

Arrangement of public business for the next meeting on 24th July 2001

THE STATES agreed to hold an additional meeting on 24th July 2001 and confirmed that the following matters lodged "au Greffe" would be considered at that meeting -

Draft Marriage and Civil Status (Jersey) Law 200- P.89/2001. Lodged: 19th June 2001.

Etat Civil Committee.

Draft Marriage and Civil Status (Jersey) Law 200- (P.89/2001): comments - P.89/2001 Com. Presented: 17th July 2001.

Finance and Economics Committee.

Draft Marriage and Civil Status (Jersey) Law 200- (P.89/2001): amendments - P.108/2001. Lodged: 10th July 2001.

Tourism Committee.

Hautlieu School: approval of drawings  - P.83/2001.

Lodged: 29th May 2001 (consideration commenced on 3rd July 2001 and referred back to the Education Committee).

Education Committee.

Hautlieu School: approval of drawings: (P.83/2001) - comments - P.83/2001 Com. Presented: 19th June 2001.

Finance and Economics Committee.

Draft Telecommunications (Jersey) Law 200- P.103/2001. Lodged: 3rd July 2001.

Industries Committee.

Draft Telecommunications (Jersey) Law 200- (P.103/2001): amendment - P.109/2001. Lodged: 10th July 2001.

Deputy J.L. Dorey of St. Helier .

Projets withdrawn under Standing Order 17(6)

THE STATES noted that, in accordance with Standing Order 17(6) the following matters had been withdrawn -

I n come tax legislation: salary deduction - P.108/2000. L o dged: 4th July 2000.

S e nator P.V.F. Le Claire.

F r ançois Scornet: commemorative statue. L o dged: 4th July 2000 - P.110/2001.

S e nator P.V.F. Le Claire.

Projets withdrawn

THE STATES granted leave to the President of the Public Services Committee to withdraw the following matter, which had been set down for consideration at the present meeting, a revised report and proposition having been lodged au Greffe' -

5 0 La Colomberie and 1 Little Green Street, St.  Helier: conditions of sale- P.102/2001. L o dged: 3rd July 2001.

P u blic Services Committee.

THE STATES granted leave to the President of the Home Affairs Committee to withdraw the following matters, revised projets having been lodged au Greffe' at the present meeting -

P r ojet d'Acte (2001) mettant en vigueur la Loi (1995) (Abrogation) sur les Etrangers. L o gé le 3 avril 2001.

C o mité des Affaires Intérieures.

D r aft Immigration (Designated Ports of Entry and Exit) (Jersey) Act 200-. L o dged: 3rd April 2001.

H o me Affairs Committee.

Agriculture and Fisheries budget, proposed strategy and discussions with tomato growers - questions and answers (Tape No. 662)

Deputy Philip Francis Cyril Ozouf of St. Helier asked Senator Jean Amy Le Maistre, President of the Agriculture and Fisheries Committee, the following questions -

" 1 . The President stated in answer to questions on 3rd July 2001 that he had recently met with the Presidents of the Policy and Resources Committee and the Finance and Economics Committee. Could he inform the Assembly what the budget was that he discussed at that meeting, and what the factors were which resulted in the draft strategy report of the Committee being delayed?

2 . W ould the President give details of the meeting he held recently with the tomato growers, and what

action he intends to take as a result of that meeting?"

The President of the Agriculture and Fisheries Committee replied as follows -

"1. M a y I first of all confirm that on Tuesday 12th June 2001 I met the Presidents and Vice-Presidents of the

Policy and Resources and Finance and Economics Committees, and with leaders of the agriculture and fisheries industries. The leaders present were Mr. Lewis Rondel, President of the Royal Jersey Agricultural and Horticultural Society, Mr. Roger Thomas, President of the Jersey Farmers' Union, Mr. Andrew Le Gallais, Chairman of the Jersey Milk Marketing Board, Mr. Mike Taylor , President of the Jersey Fishermen's Association and Mr. John Le Maistre, Chairman of the Jersey Growers' Association. The purposes of the meeting were to give the leaders of the industries an opportunity to present their perspective on the issues facing the Industries and to consider how the proposed Agriculture and Fisheries Committee strategy should address the issues.

T h e b udget, for 2002 and beyond, which is based on the draft strategy, was not discussed in detail and in

any event it is also in draft form. In answer to a question from the Deputy on 3rd July 2001 I stated that as these matters were still being considered, it was inappropriate and premature to reveal figures which

are subject to further consideration and final agreement by my Committee. Whilst some work has been

undertaken there are still a number of matters to be resolved which have a potential impact on the budget and in this respect the position has not changed since the 3rd July. I still consider it to be premature to reveal any figures at this stage.

C o n c erning the timing of completion of the new Policy Report, it was agreed at the meeting that more

time should be allowed for Policy and Resources and Finance and Economics to gain a full understanding of the strategy, including the important interrelationships between the elements of the strategy.

2. I c a n confirm that I met the tomato growers on Thursday, 28th June 2001, at their request, to discuss the serious financial situation that has developed for the sector as a consequence of the increased cost of heating oil and the prevailing extremely low market price of tomatoes in the United Kingdom.

It was agreed at the meeting that the growers would summarise the financial situation with the help of an independent accountant.

I, together with the tomato growers, intend to seek a meeting with the President and Vice-President of Finance and Economics Committee to consider whether emergency financial assistance is appropriate. This meeting will follow a meeting earlier this year, with the President and Vice-President of Finance and Economics Committee and with leaders of the tomato sector, which considered the potentially very damaging consequences for the sector of the sudden increase in oil prices. It was agreed at that meeting that the situation would be reviewed again at the end of the growing season at which time it would be apparent whether and to what extent the sector had been damaged by increased oil prices. The next meeting will therefore be a sequel to the earlier meeting.

I would like to take the opportunity to pay tribute to the very high standards of performance being achieved by the tomato growers in the Island. They have responded positively and fully to the requirements of the marketplace, achieving standards of performance that are at least equal to those achieved in the United Kingdom. For example, they have adopted biological methods of controlling pests and diseases instead of using pesticides - which is still normal practice in many other competitor countries. In doing so our growers incur considerable extra costs but do not receive a higher price for the product to recognise the higher quality product. Our growers also suffer considerable economic disadvantages compared with growers elsewhere, for example the high costs of freight and harbour dues, and growers in other countries are currently receiving considerable financial assistance from their governments."

Price of dwelling units on the Woodville site and shared equity - questions and answers (Tape No. 662)

Deputy Philip Francis Cyril Ozouf of St. Helier asked Deputy Terence John Le Main of St. Helier, President of the Housing Committee, the following questions -

" 1 . Would the President inform the Assembly of the prices the Committee intends setting for the housing units on the Woodville site, and explain the reasoning behind the proposed pricing structure?

2 . W ould the President inform the Assembly of the background and progress made concerning draft

legislation relating to shared-equity?"

The President of the Housing Committee replied as follows -

" 1 . The Committee intends to set the range of prices for the four one-bedroom flats at between £100,000 and £105,000 and the range for the 55 two-bedroom flats at between £145,000 and £190,000.

T h e f l ats have been valued by a professional valuer who has estimated that the price range set is fair and

realistic for dwellings which, in line with Committee policy, are only available for purchase by first- time buyers and will remain so in perpetuity.

2 .  P rovision had been made in the 2001 Law Drafting Programme for this matter but the Committee has

not yet discussed in any detail the form such a scheme might take. The matter will be included for consideration at the Committee's next policy meeting planned for 26th July 2001."

Progress of the human rights audit of housing legislation and policies - question and answer (Tape No. 662)

Senator Paul Vincent Francis Le Claire asked Deputy Terence John Le Main of St. Helier, President of the Housing Committee, the following question -

" O n 16th January 2001 the President informed the Assembly that the Housing Committee was undertaking an audit of all its legislation and policies before the coming into force of the Human Rights (Jersey) Law 2000. Would the President inform the Assembly whether the Committee has completed the audit and, if so, has the Committee received confirmation that the power to grant consents under Regulation 1(1)(k) is compatible with the Convention Rights set out in the Law?"

The President of the Housing Committee replied as follows -

" N o, the Housing Committee has not completed an audit of all its legislation and policies."

Compliance with the Human Rights (Jersey) Law 2000 of the policy relating to work permits - question and answer (Tape No. 662)

Senator Paul Vincent Francis Le Claire asked Deputy Alastair John Layzell of St. Brelade, President of the Home Affairs Committee the following question -

" T he stated policy of the Home Affairs Committee is that of not considering applications for work permits for unskilled labour outside of the tourism and agriculture industries. Would the President inform members if the Committee has received legal advice on whether this policy would withstand a challenge under the European Convention of Human Rights (ECHR) by employers in other sectors that require unskilled labour and, if the Committee has not yet sought such advice, would the President undertake to do so?"

The President of the Home Affairs Committee replied as follows -

" T he Committee has not received advice on whether the application of the rules under the Immigration Act (1971) would withstand a challenge under the European Convention of Human Rights when it is introduced to Jersey as the Human Rights (Jersey) Law 2000.

S uch advice will be sought as part of discussions the Committee intends to have with the Industries

Committee and others who have an interest in the matter."

Service level agreement with Jersey Bus - questions and answers (Tape No. 662)

The Deputy of St. John asked Deputy Alan Simon Crowcroft of St. Helier , President of the Public Services Committee the following questions -

" 1 . Would the President advise members -

( a) o f the number of meetings held between Jersey Bus and the Public Services Committee and/or

Department for the two years up to 6th July 2001 to discuss a Services Level Agreement and the dates of those meetings?

(b ) o ver the two year period up to 6th July 2001, who has represented the Public Services Committee

and/or Department in discussions on a Service Level Agreement with Jersey Bus and what expertise those persons

held in transport matters?

2 . A s the current bus licence expires on 30th September 2001, what steps has the Committee put in place

for a bus service after that date?

3 . A s significant increases in costs for school transport have taken place since this contract was awarded to

Jersey Bus and increases are likely to take place over the next few months will the Public Services Committee fund these, and if so, which vote will the money come from?"

The President of the Public Services Committee replied as follows -

" 1 .(a)  In all honesty, I do not see the benefit of knowing how many meetings have been held, since that is merely a measure of activity rather than one of performance. In addition, in the time available since receipt of this question it has not been possible to check the detail to provide a robust answer. This is partly due to the fact that the Public Services Committee employed the services of a consultant to assist on this work and meetings took place between that consultant and Jersey Bus without any presence from the Committee or Department. I do not see the relevance of the specific number of meetings, but suffice it to say that there have been numerous meetings.

(b ) T h e  discussions  with  Jersey Bus  on  a service level agreement  have involved  members of the

Committee, officers of the Department and a consultant employed by the Committee. I do not intend to give details of individuals involved, but the consultant was selected because of his expertise in the development of service level agreements and of finance, his work for other States Departments and the fact that his employment was supported by the Treasury. As we were attempting to work with Jersey Bus who are experienced bus service operators, there was no need for the consultant to be an expert in operational matters.

2 . T h e Committee met with Jersey Bus on 9th July 2001. It expressed its wish that Jersey Bus applies for

the Winter Timetable such that all routes operated in the previous Winter Timetable are maintained.

I n v i e w o f the fact that it is likely that Jersey Bus would apply for a subsidy to maintain all routes, the

Committee expressed its willingness to work with Jersey Bus to agree the basis of the calculation of such a subsidy that would be seen as value for money. The proposal to provide a subsidy would have to be supported by the Finance and Economics Committee as, depending on the scale of the subsidy, The Public Services Committee would probably not be in a position to fund it from its existing budget. I am meeting with the Finance and Economics Committee on 23rd July 2001 to discuss this issue and the Bus Strategy generally.

3 . T h e first thing to try to establish with Jersey Bus is an acceptable cost of the service. At present, the

costs being offered by Jersey Bus are £97 per bus per journey regardless of whether or not the bus is required for one, two or three hours. The majority of buses are required for one hour in both the morning and the afternoon. This means that the cost would be nearly £200 for a bus for just two separate one hour journeys. Bearing in mind that many of the buses used are over 15 years old, and as such have little if any financial costs, it is estimated that the prices offered are about twice those that could be justified as value for money.

 A  s fo r fu nding the service, this obviously depends on the cost. At the prices offered, the Public

Services Committee would not be able to fund them without support from the Finance and Economics Committee I trust the Assembly will not expect me to say more on this aspect at present as it could obviously impact upon negotiations with Jersey Bus. However, all members are well aware of the President of the Finance and Economics Committee's comments on the States' finances."

Appointment of a consultant to review a subsidy to Jersey Bus - questions and answers (Tape No. 662) Deputy Roy George Le Hérissier of St. Saviour asked Deputy Alan Simon Crowcroft of St. Helier, President of the Public Services Committee, the following questions -

" 1 . Would the President -

( a ) i nform members of the actual mandate given to financial consultant who gave advice to the Committee, with regard to paying a subsidy for the summer period, to Jersey Bus?

( b ) advise members of the credentials of the financial consultant in the field of public transport

financing?

(c ) i dentify the assumptions which supported the recommendation of the financial consultant that the

rate of return on capital sought by Jersey Bus was unacceptable?

(d ) i nform members of the totality of the information sought by the financial consultant in respect of

the subsidy application by Jersey Bus?

2 .  T o what extent, if any, did the information sought differ from that sought, for a similar process, in the

United Kingdom?

3 .  I s the President satisfied that the decision to refuse a subsidy was based on a fully transparent, justifiable

and rigorous process?"

The President of the Public Services Committee replied as follows -

" 1 . In view of the short amount of time available since receipt of this question, I will provide answers as best I can to the question. An option would have been to ask for the questions to be deferred, but hopefully the answers will be sufficient for the majority of members and, if not, I will provide additional detail at a later date.

( a ) T h e basic mandate' given to the consultant was to examine the financial accounts of Jersey Bus and

advise the Public Services and the Finance and Economics Committees, via the States Treasury who supported his employment, that the finances of Jersey Bus were such that a subsidy was justified and would provide value for money for the States of  Jersey.

( b ) T h e consultant was employed because of his expertise on finance, the development of service level

agreements and the work he had carried out for other States Departments. He was to work alongside Jersey Bus, who are experienced in operating bus services, therefore there was no need for him to be an expert on operational matters. His employment was supported by the Treasury and, initially, by Jersey Bus.

( c ) J e rsey Bus sought a subsidy which was based on a 15  per cent mark-up on the costs of the loss

making routes that they proposed to cut without any inclusion of the profits made on the profitable routes. The basis of the subsidy proposed by the Public Services Committee, as an interim arrangement, was a mark-up of 5.3 per cent which was the average mark-up of bus operators in the United Kingdom with the same order of turnover as Jersey Bus.

( d ) T h e information requested by the consultant was full disclosure of the Jersey Bus accounts. These

were eventually made available but only after considerable difficulty and delay. In addition, route information was requested, such as passenger use, seasonal loadings etc. This information was not available, or was not made available, to the level of detail requested.

2 . A s already stated, the consultant was employed because of his expertise in finance and the development of service level agreements for a variety of organisations. It was left very much to his

judgement, in discussion with the Public Services Committee and the States Treasury, as to what

information was required.

3 . A s s tated earlier, Jersey Bus was looking for a subsidy based on a 15  per cent mark-up on costs of the

loss making routes without any consideration of the profitable routes.

T h is p r o posal was totally unacceptable to the Public Services Committee as it could not be

demonstrated to be value for money. The process followed was sufficient to support this conclusion. The Committee accepts that a subsidy of some scale is required to maintain all previous bus routes. However, it cannot be based on a 15 per cent mark-up on loss making routes only. Greater transparency of route operational information, and certain financial issues, would be required before a subsidy could be supported."

Cultural Strategy - question and answer (Tape No. 662)

Deputy Alan Simon Crowcroft of St. Helier asked Senator Frank Harris on Walker , President of the Finance and Economics Committee, the following question -

" W ould the President advise members what progress has been made in taking forward the work of the Cultural Strategy carried out by the Burns Owens Partnership, and what further steps is the Committee proposing to take to ensure the Island enjoys the benefits of its cultural heritage and its cultural diversity?"

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

" T he Cultural Strategy, produced by the Burns Owens Partnership, noted that there is no clear coherent States' policy for culture and that Committee responsibility is split with Finance and Economics as the main funding source but without expertise or a championship rôle within overall States' policy making and delivery'.

A ccordingly one of the prime recommendations of the Strategy was that there should be a States' Committee

with a specific remit for culture. A copy of the strategy was forwarded to the Review Panel of the Machinery of Government in Jersey which clearly took this recommendation on board as it proposed in its report that the Ministry for Education and Leisure should have responsibility for culture.

T h e Finance and Economics Committee looks forward to the early establishment of a ministry or committee

with clear responsibility for culture as this is the pre-requisite for progressing the other recommendations in the strategy.

I n the meantime it is clear that the Burns Owens Partnership review has already achieved a great deal as it has

led to greater co-operation and co-ordination between the main arts and heritage bodies in the island."

Census forms that have not been returned - statement

The President of the Etat Civil Committee made a statement in the following terms -

" A  s of Friday, 13th July 2001, 35,815 completed Census forms have been returned to the Census Office, a response rate of over 97  per cent.

O  v er the past few weeks the census team have been checking and coding census forms. Office staff have

been contacting householders where answers needed clarification. We are grateful that householders have responded very well to these requests.

A  t this time 989 forms have been delivered but not returned. Some of these relate to vacant properties. In

addition around 90 returned forms have not been fully completed despite contact being made with the householder.

T h e Etat Civil Committee wishes to inform members that householders who have not returned a completed

Census Form are to receive a letter from their enumerator within the next week requiring the return of a completed form and informing them of the penalty for failure to do so.

T h e Committee has been delighted with the co-operation of Islanders and expresses the hope that the small

minority of householders who have so far failed to respond will do so to avoid further action.

M  e mbers will also wish to know that the huge task of processing the census forms is now well under way

and the first indicative population figure will be available in the Autumn."

Bus Strategy - statement

The President of the Public Services Committee made a statement in the following terms -

" I n view of the recent lobbying of States' Members by Jersey Bus representatives, including a number of statements about the Public Services Committee's preparation of its Bus Strategy, as well as the threat of industrial action expressed in the media, I would like to make the following statement.

F i rst of all I should point out that Jersey Bus has not communicated its comments to the Committee or to the

Department, nor invited the Committee to attend meetings convened with other States' Members.

T h e Public Services Committee met on Monday 16th July to hold separate meetings with Jersey Bus and the

Transport and General Workers' Union. The purpose of these meetings was to have further discussions following on from the meetings held with the same two parties on 9th July 2001.

T h e Committee stressed to both Jersey Bus and the Transport and General Workers' Union that the prime

objective of the Bus Strategy, which is to be considered in the States on 31st July 2001, is to put the public bus services in Jersey onto a secure basis for the long term future. This would involve going through a competitive tendering process to select a preferred operator to provide bus services for a period of seven years, or possibly longer. This in turn would enable the appropriate States' financial subsidy necessary to provide the required level of service, to be identified and provided, in the full knowledge that it was providing value for money.

A  t the meeting on 9th July 2001, Jersey Bus tabled an alternative proposal that would have required the

Committee to abandon the Strategy for competitive tendering for at least seven years. This was unacceptable to the Committee as it is strongly of the opinion that having the Strategy debated and approved by the States is essential to obtain the necessary States' support and to ensure that transparency is obtained in the use of taxpayers' money for public transport provision.

T h e Committee held a second meeting yesterday at which it accepted that there would be merit in relaxing the

timetable outlined in the Bus Strategy, by deferring until the autumn of next year the introduction of a new operator selected by competitive tendering. The Committee was of the view that this would provide a greater degree of job security for the staff of Jersey Bus, as the company would be able to submit an application to continue to operate the bus services for a further 12  month period from September this year. A longer lead-in period for the selection of a new operator would also give more time to the Committee in running the selection process.

A  t the meeting held yesterday afternoon, Jersey Bus indicated that it was not prepared to accept this proposal

and that it was seeking the deferment of competitive tendering as set out in the Bus Strategy for at least five years. The Committee is of the view that there is little prospect of being able to obtain the investment of public funds in the bus service - which is essential if an enhanced bus service is to be provided to the public, and if long-term security is to be enjoyed by employees in this sector - without using the competitive tender process, for it must be shown that best value is being provided by the private sector operation.

F o llowing the meeting with Jersey Bus the Committee met with representatives of the Transport and General

Workers' Union at which the Union expressed their wish to hold a meeting with all three parties present. Accordingly a meeting has been scheduled for the afternoon of Wednesday 18th July 2001. Whilst the Committee and the Transport and General Workers' Union are willing to attend that meeting, the decision of Jersey Bus as to attend or not is awaited."

Jersey Police Authority - statement

The President of the Home Affairs Committee made a statement in the following terms -

" I t is with considerable regret that the Home Affairs Committee has received the resignation of Mr.  Robin Rumboll from the position of Chairman of the Jersey Police Authority.

M  r.  Rumboll brought to this important role considerable enthusiasm and commitment and the Committee is

extremely grateful to him for his contribution to the early life of the Authority.

A  s the appointment of the Jersey Police Authority was made pursuant to a resolution of this Assembly, the

Home Affairs Committee will shortly be advertising for persons interested in serving as the Chairman of the Authority and for additional members. In due course it will present a report and proposition to the States and, at the same time, will give an update on the work of the Authority.

I n the interim, I am pleased to inform members that Senator C.G.P. Lakeman, a member of the Authority,

will act as Chairman, to ensure the Authority's work can continue."

Island Games in the Isle of Man - statement

T h e President of the Sport, Leisure and Recreation Committee made a statement in the following terms -

" I wish to take this opportunity to publicly congratulate and to put on record my, and I am sure, all States' members' and the Island's thanks to Team Jersey', those 300 competitors, officials and supporters of the Island Games Association of Jersey team, who performed so magnificently in the 9th NatWest Island Games held in the Isle of Man last week.

I w as fortunate enough to visit every sport in the Isle of Man and witness at first hand the results of the hard

work and dedication that our sportsmen and women have applied over the past two years in preparation for the Games. The managers, coaches and trainers have combined with the athletes to produce a team which performed exceptionally well to return with an unprecedented 129  medals, 50 gold medals, 41  silver an 38  bronze.

I t is also a good marker, or performance indicator, on the return of the States' investment in sports facilities

and the Grant Aid system applied by the Sport, Leisure and Recreation Committee to support sportsmen and women in their performance, coaching and development.

B  ut sport is not all about winning medals, it is about taking part, doing your best for the team and having

pride in representing your Island. It is also about making friends. Sport fosters and maintains friendships and some competitors have taken part in every Games since they began in 1985.

T eam Jersey' were excellent ambassadors for the Island during the Games and we, States' members, and the public of the Island have good reason to be proud of the Island Games Association of Jersey's team performance in the Isle of Man.

T he Island Games are known as the Friendly Games' and the Isle of Man is to be congratulated in

maintaining that theme in their organisation of the 2001 Games, as is the Jersey Team's considerable contribution to ensuring the Island Games remain the Friendly Games' ".

Draft Companies (Amendment No. 6) (Jersey) Law 200- P.84/2001 (re-issue) (P.84/2001): amendment

THE STATES commenced consideration of the draft Companies (Amendment No. 6) (Jersey) Law 200- and adopted an amendment of the Finance and Economics Committee that there be inserted after Article 82 the following new Article -

"ARTICLE 83

I n Article 181(2)(b) of the principal Law, for the words the belief referred to in Article 56' substitute the words the appropriate belief referred to in Article 55' ".

and that the subsequent Articles be renumbered accordingly.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Companies (Amendment No. 6) (Jersey) Law 200-.

Appointments made by the States: review of procedures - P.85/2001

THE STATES, adopting a proposition of Deputy R.G. Le Hérissier of St. Saviour, requested the House Committee, in consultation with any other Committee involved, to review all current procedures relating to appointments made by the States and to report to the States with recommendations for change including, if appropriate, the need for different procedures to be adopted for different types of appointment.

Field 1418, St. Saviour, Trinity : development in the Green Zone - P.86/2001

THE STATES commenced consideration of a proposition of the Planning and Environment Committee concerning Field 1418, St. Saviour/ Trinity : development in the Green Zone. After discussion the Deputy o St. John sought leave to propose that the matter be referred back to the Committee. The Bailiff ruled that, in accordance with Standing Order 26(1) the effect of such a proposition would be to negative the question and it was therefore disallowed.

THE STATES resumed consideration of the proposition and, rejecting the proposition, decided that they did not support the intention of the Planning and Environment Committee to grant planning permission to allow the Jersey New Waterworks Company Limited to build a store for pipes and fittings on Field 1418, St. Saviour/ Trinity , above Grands Vaux Reservoir (as shown on drawing No. 659) the land being situated within an area designated as Green Zone on the Island Map, as amended 1-87.

Members present voted as follows -

"Pour" (19)

Senators

Quérée, Bailhache , Norman.

Connétable s

St. Martin , Trinity , St. Saviour , St. Clement, St. Brelade , St. Lawrence, St. John.

Deputies

Layzell(B), St. Martin, St. John, Crowcroft (H), St.  Peter, Dubras(L), Dorey(H), Voisin(L), Ozouf (H).

"Contre" (26)

Senators

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

Grouville , St. Helier , St. Ouen, St. Mary , St. Peter.

Deputies

H.  Baudains(C), Duhamel(S), Routier(H), Breckon(S), Huet(H), Le Main(H), Vibert (B), St. Ouen

7. Baudains(C), Troy (B), Scott Warr en(S), Farnham (S),Le Hérissier(S), Martin(H).

One member abstained from voting. Change of Presidency

THE STATES resumed after the lunch adjournment under the Presidency of the Deputy Bailiff , Mr. Michael Cameron St. John Birt, during consideration of the proposition of the Planning and Environment Committee concerning Field  1418, St.  Saviour/ Trinity : development in the Green Zone.

Draft Royal Bank of Canada (Jersey) Law 2000 (Appointed Day) Act 200- P.91/2001

THE STATES, in pursuance of Article  1 of the Royal Bank of Canada (Jersey) Law 2000 made an Act entitled the Royal Bank of Canada (Jersey) Law 2000 (Appointed Day) Act 2001.

States Audit Commission: appointment of Chairman - P.92/2001

THE STATES, adopting a proposition of the Finance and Economics Committee, re-appointed Mr. Timothy Dunningham as Chairman of the States Audit Commission for a further period of two years.

Nos. 8, 12 and 12A Lemprière Street, St. Helier: proposed sale to CTJ Trust - P.93/2001 THE STATES, adopting a proposition of the Housing Committee -

(a )   approved the sale of Nos.  8, 12 and 12A Lempriere Street, St.  Helier to the Christians Together in

Jersey Housing Trust for the sum of £400,000;

(b ) a uthorised the Attorney General and the Greffier of the States to pass the necessary contracts; (c ) a uthorised the Treasurer of the States to receive the said sum when it becomes due.

Senator Terence Augustine Le Sueur declared an interest and withdrew from the Chamber prior to the consideration of this matter.

Lease of accommodation at Jersey Airport Freight Terminal to Hi-Speed Freight Limited - P.94/2001

THE STATES, adopting a proposition of the Harbours and Airport Committee -

(a ) approved the lease to Hi-Speed Freight Limited of a total of 4,292  square feet of accommodation in

the Freight Terminal at Jersey Airport for a period of three years commencing on 1st April 2001 at an annual rent

of £23,898.90, subject to annual review on 1st April 2002 and 1st April 2003;

(b ) a uthorised the Greffier of the States to sign the necessary agreement;

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

Langford Sports Centre, St. Saviour: approval of drawings - P.95/2001 THE STATES, adopting a proposition of the Education Committee -

( a) approved drawings Nos. 9722/100, 109, 200-205, 211, 220, 221, 240, 241, 300 - 305, 400 - 402,

showing the construction of a new sports centre, swimming pool and associated parking at the Langford site, Mont Millais, St.  Saviour;

(b ) a uthorised the Greffier of the States to sign the said drawings on behalf of the States. Field 764, St. Peter: - purchase - P.96/2001

THE STATES commenced consideration of a proposition of the Harbours and Airport Committee concerning the purchase of Field  764, St.  Peter.

THE STATES rejected a proposition of the Connétable of St. Peter proposed that the matter be referred back to that Committee for further consideration and information.

Members present voted as follows -

"Pour" (16) Senators

Le Maistre, Stein, Quérée, Syvret, Kinnard, Le Claire. Connétable s

St. Helier , St. Saviour , St. Peter.

Deputies

Breckon(S), Crowcroft (H), St.  Peter, St.  Ouen, G.  Baudains(C), Scott Warr en(S), Ozouf (H).

"Contre" (27)

Senators

Horsfall, Bailhache , Norman, Le Sueur.

Connétable s

Grouville , St. Martin , St. Ouen, Trinity , St. Brelade, St. Lawrence, St. John. Deputies

8. Baudains(C), St.  Mary, Trinity , Routier(H), Layzell(B), Huet(H), St. John,LeMain(H), Vibert (B) Dubras(L), Dorey(H), Troy (B), Voisin(L), Farnham (S),Le Hérissier(S), Martin(H).

THE STATES resumed consideration of the proposition and rejected a proposition of Deputy Maurice François

Dubras, of St.  Lawrence that the States adjourn. Members present voted as follows -

"Pour" (20)

Senators

Horsfall, Le Maistre, Stein, Bailhache , Kinnard, Le Sueur, Le Claire. Connétable s

St. Helier , St. Ouen, St. Lawrence, St. Peter .

Deputies

Trinity , Layzell(B), Breckon(S), Crowcroft (H), St.  Peter, Dubras(L), St.  Ouen, Scott Warr en(S), Ozou (H).

"Contre" (21)

Senators

Quérée, Syvret, Norman.

Connétable s

St. Martin , Trinity , St. Saviour , St. Brelade , St. John. Deputies

H.  Baudains(C), St.  Mary, Routier(H), Huet(H), St. John, Le Main(H), Vibert (B), Dorey(H), Troy (B) Voisin(L), Farnham (S), Le Hérissier(S), Martin(H).

THE STATES, adopting a proposition of the Harbours and Airport Committee -

(a ) a pproved the purchase from Mrs.  Sylvia Mary Fennessy, née Egré, of Field  764, St.  Peter, measurin

4½ vergées as shown on drawing No. 1639/01/27, required to form part of Jersey Airport, for the sum of £50,000, with the public being responsible for the payment of Mrs. Fennessy's reasonable legal costs and expenses;

(b ) approved the purchase from Mr.  Richard John Egré of an area of land situated north of Field  764

St. Peter, measuring 10 perch 12 feet as shown on drawing No. 1639/01/27, required to form part Jersey Airport, for the sum of £2,780, with the public being responsible for the payment of all Mr. Egré's legal costs;

(c ) a pproved the payment of compensation to Mr.  Edward Egré, the tenant of Field  764, St.  Peter, in th

sum of £12,500;

(d ) authorised the Attorney General and the Greffier of the States to pass on behalf of the public any

contracts which might be found necessary to pass in connection with the said property referred to in paragraphs  (a), (b), (c), above and of all interests therein;

(e ) a uthorised the payment or discharge of the expenses incurred in connection with the acquisition of the

said property and in all interests therein referred to in paragraphs  (a), (b) and (c) above from the Committee's Trading Fund.

Members present voted as follows -

"Pour" (29)

Senators

Horsfall, Le Maistre, Bailhache , Norman.

Connétable s

Grouville , St. Martin , St. Ouen, Trinity , St. Brelade, St. Lawrence, St. John. Deputies

H.  Baudains(C), St. Mary, Trinity , Routier(H), Layzell(B), Huet(H), St. John, Le Main(H), Vibert (B) Dubras(L), St. Ouen, Dorey(H), Troy (B), Voisin(L), Scott Warr en(S), Farnham (S), Le Hérissier(S), Martin(H).