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THE STATES assembled on Tuesday, 30th October 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 e nator Stuart Syvret - out of the Island
S e nator Frank Harris on Walker - ill
J o hn Baudains Germain, Connétable of St. Martin - out of the Island S t anley John Le Cornu, Connétable of St. Clement - out of the Island D e rek Ryder Maltwood, Deputy of St. Mary - out of the Island
A l astair John Layzell, Deputy of St. Brelade - out of the Island
P h ilip John Rondel, Deputy of St. John - out of the Island
T e rence John Le Main, Deputy of St. Helier - ill
M ichael Edward Vibert , Deputy of St. Brelade - out of the Island
R o y George Le Hérissier, Deputy of St. Saviour - out of the Island
Prayers
Subordinate legislation tabled
The following enactments were laid before the States, namely -
F i r earms (General Provisions) (Jersey) Order 2001. R & O 146/2001.
F i r earms (Excepted Air Weapons) (Jersey) Order 2001. R & O 147/2001.
So c ial Security (Earnings Limit) (Jersey) Order 2001. R & O 148/2001.
So c ial Security (Collection of Contributions) (Jersey) Order 2001. R & O 149/2001.
So c ial Security (Contributions) (Amendment No. 7) (Jersey) Order 2001. R & O 150/2001.
D is eases of Animals (Foot and Mouth - Restrictions No. 1E) (Jersey) Order 2001. R & O 151/2001. R o yal Court (Amendment No. 17) Rules 2001. R & O 152/2001.
Matters presented
The following matters were presented to the States -
St . Helier ring road: deferment of works (P.115/2001) - report - P.115/2001 Rpt. P r esented by the Planning and Environment Committee.
Union Street, St. Helier : purchase of land (P.139/2001): - comments - P.139/2001 Com.
Presented by the Planning and Environment Committee.
P r o jet de Loi (200-) (Amendement) sur la Voirie (P.90/2001): rapport - P.90/2001 Rpt. P r ésenté par le Comité des Services Publics.
THE STATES ordered that the said reports be printed and distributed. Matters noted - acceptance of tender
THE STATES noted an Act of the Finance and Economics Committee dated 24th October 2001, showing that, in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that the Education Committee had accepted the lowest priced tender for the Trinity School extension, namely that submitted by J.P. Mauger Limited in the revised sum of £555,341.00.
Matters lodged
The following matters were lodged "au Greffe" -
D r a ft Fishing Vessels (Safety Training) (Jersey) Regulations 200- (P.140/2001): amendment - P.140/2001 Amd. P r esented by Deputy G.C.L. Baudains of St. Clement.
D r a ft Disability Transport Allowance (Jersey) Regulations 200- P .163/2001. P r esented by the Employment and Social Security Committee.
U nit 6, La Rue Grellier, La Rue des Près Trading Estate: sub-lease of warehouse - P.164/2001. P r esented by the Telecommunications Board.
D r a ft Island Planning (Amendment No. 7) (Jersey) Law 200-P.165/2001. P r esented by the Planning and Environment Committee.
Arrangement of public business for the next meeting on 13th November 2001 -
THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 13th November 2001 -
S t . Helier ring-road: deferment of works - P.115/2001. L o dged: 17th July 2001.
D e puty G.C.L. Baudains of St. Clement .
S t . Helier ring road: deferment of works (P.115/2001) - report - P.115/2001 Rpt. P r esented: 30th October 2001.
P l anning and Environment Committee.
F u nding of Welfare - P.135/2001. L o dged: 11th September 2001.
C o nnétable of Grouville .
F u nding of Welfare (P.135/2001): comments - P.135/2001 Com. P r esented: 23rd October 2001.
H u man Resources Committee.
U n ion Street, St. Helier: purchase of land - P.139/2001. P u blic Services Committee.
U n ion Street, St. Helier: purchase of land (P.139/2001) - comments - P.139/2001 Com. P l anning and Environment Committee.
D r aft Piercing and Tattooing (Jersey) Law 200- P.144/2001. L o dged: 9th October 2001.
H e alth and Social Services Committee.
6 Plaisance Terrace, La Route du Fort, St. Saviour: transfer of administration- P.159/2001. L o dged: 23rd October 2001.
H e alth and Social Services Committee.
H o tel Cristina, Mont Félard, St. Lawrence: development in the Green Zone - P.161/2001. L o dged: 23rd October 2001.
P l anning and Environment Committee.
D r aft Island Planning (Amendment No. 7) (Jersey) Law 200- P .165/2001. L o dged: 30th October 2001.
P l anning and Environment Committee.
Arrangement of public business for the meeting to be held on 20th November 2001 -
THE STATES agreed in principal that the following matter lodged "au Greffe" would be considered at the meeting on 20th November 2001 -
I n troduction of work permits - P.107/2000. L o dged: 4th July 2000.
S e nator P.V.F. Le Claire.
I n troduction of work permits (P.107/2000): comments - P.107/2000. Com. P r esented: 9th October 2001.
P o licy and Resources Committee.
D r aft Disability Transport Allowance (Jersey) Regulations 200- P .163/2001. L o dged: 30th October 2001.
E m ployment and Social Security Committee.
U n it 6, La Rue Grellier, La Rue des Près Trading Estate: sub-lease of warehouse - P.164/2001. L o dged 30th October 2001.
T e lecommunications Board.
Application for housing units - questions and answers (Tape No. 689)
The Deputy of St. Peter asked Senator Nigel Lewis Quérée, President of the Planning and Environment Committee, the following questions -
" 1 . Would the President advise the Assembly -
(a ) h ow many applications for the development of housing units have been rejected by the Committee
so far during 2001?
(b ) w hat was the total number of housing units involved?
(c ) h o w many were rejected on grounds of lack of amenity space?
2 . W ould the President state clearly and succinctly whether or not the Committee's policies as expressed in Planning Policy Note No. 3- Parking Guidelines issued in September 1988, and Planning Policy Note
No. 6 - Minimum Standards in New Housing Developments (in relation to amenity space) issued in 1994, are
flexible, and how many exceptions to policy have been granted during the same period?"
The President of the Planning and Environment Committee replied as follows -
" 1 . The Committee rejected 88 applications for housing between 1st January and 30th September 2001.
T h e p r oposed number of homes involved was 478.
O f th e 88 applications, 18 included (among other reasons) the inadequacy of amenity open space as a
reason for refusal. The predominant reasons for refusal were the overdevelopment of the sites, the impact the development would have on adjoining properties, or that the sites were located in an area the States has decided is unsuitable for development (i.e. - Green Zone or Agricultural Priority Zone).
2 . B oth Policy Notes remain in force for the time being, and will be reviewed following States' approval of
the Island Plan.
T h e y a re applied flexibly where circumstances justify, and in particular for housing in the central area of
St. Helier where, as a result of the Housing Forum, we have sought in recent years to achieve higher housing yields. However, flexibility does not mean that we forego the purpose of the guidelines and standards, which are designed to ensure the residents of completed developments have adequate parking facilities and private or communal amenity open space.
I a m u nable to say how many exceptions or variations have been made from the guidelines. The Planning
Department does not have sufficient resources to analyse applications in this way."
Air routes to the United Kingdom - questions and answers (Tape No 689)
Senator Paul Vincent Francis Le Claire asked the Deputy of St. Peter, member of the Jersey Transport Authority, the following questions -
" 1 . Has the Authority taken any steps to encourage airlines to utilise the Stansted route when it is the fastest growing airport in Britain?
2 . H as the Authority taken any steps to encourage airlines, and in particular, low cost airline companies, to
address the downturn in passenger numbers since the closure of the Heathrow route, and if so, would the President inform members what these are and what outcomes they have achieved? Is the Authority aware of any steps taken by other Committees to address this matter?"
The Deputy of St. Peter, member of the Jersey Transport Authority, replied as follows-
" 1 . The Jersey Transport Authority, as a matter of course, maintains regular contact with airlines serving Jersey. When KLMUk gave notice that it would discontinue its Stansted service, the Authority approached a number of airlines, including low-fares airlines, to find out if they would be interested in providing a replacement service. These approaches were unsuccessful in that no applications for a permit have subsequently been received.
A n o ff icer group, representing the Authority, Jersey Tourism, the Harbours and the Airport, has been set
up to examine ways in which the number of people travelling to Jersey can be increased. A meeting was held recently with executives of Ryanair to discuss the possibility of a single daily service to and from Stansted. No application has yet been received from Ryanair.
T h e A uthority would welcome an operator on the Stansted route, not only to provide an alternative
destination for London-bound passengers but also to re-establish a connection with counties like Cambridgeshire, Norfolk and Suffolk, which are difficult to reach from Gatwick and London City.
2 . A s I have said in answer to the first question, the Authority is currently working with the Tourism and
Harbours and Airport Committees, together with industry representatives, generally to try to find ways to increase passenger traffic between the UK and Jersey, and also specifically in respect of Ryanair. Of course, the Authority has ex-officio members from the Tourism, Harbours and Airport, and Agriculture and Fisheries Committees and one of its other members is the Vice-President of the Industries Committee.
T h e A uthority has carefully monitored the effects of the withdrawal of British Airways from the
Heathrow-Jersey route. It has encouraged increased capacity on the Gatwick route and readily licensed a daily, year-round service to London City. However, the potential intervention of low-fares airlines into the market is not as straightforward as many have suggested.
M e m b ers will recall that, in 1997, the Authority granted a permit to Easyjet to operate a scheduled
service from Luton. This service was never started. In the case of Ryanair, its executives are seeking a very substantial reduction in airport landing fees and passenger charges. This raises the issue of equity among other carriers.
T h e A uthority hopes, in due course, to promote a debate about whether low-fare airlines should be
subsidised in order to secure their services to Jersey and, if so, by whom. I would repeat that, as yet, there has been no application from Ryanair."
Concessions on the payment of tax by financial institutions and banks - question and answer (Tape No. 689)
Senator Paul Vincent Francis Le Claire asked Deputy Paul Francis Routier of St. Helier, member of the Finance and Economics Committee, the following question -
" I n his reply to the Connétable of St. Helier's question on 9th October 2001, the President stated that extra- statutory concessions on income tax rates had been available to companies in the finance sector in the past, and that this facility had been replaced by the International Business Company which was enshrined in statute and found at Article 123B of the Income Tax (Jersey) Law 1961, as amended.
W ould the President advise members how many financial institutions and banks take advantage of the above
facility and therefore pay less than 20 per cent tax in Jersey?"
Deputy Routier, member of the Finance and Economics Committee replied as follows -
" T h e re are currently 167 International Business Companies in existence. Of those, 26 could be termed as financial institutions and banks, many of which attract substantial amounts of international business to the Island."
Direct aid to the dairy industry - statement
The President of the Agriculture and Fisheries Committee made a statement in the following terms -
" O n 9th October 2001 I was asked additional questions by the Deputy of St. Peter about the distribution of financial aid to the dairy industry.
T h e Deputy had asked about direct aid paid to farmers and growers in 3 farm size categories:
( i) 5 0 vergées and below; ( ii ) 5 1 -200 vergées;
( ii i) 2 0 1 vergées and above
I t was not possible to provide information at the time about direct aid to the dairy industry paid in the form of a Seasonality Subsidy - because Jersey Milk, who make the payments, did not have readily available the
cumulative amounts paid to each milk producer.
J e rsey Milk have now calculated and provided that information and this has enabled the following to be
established for the year 2000:
1-50 vergées 51-200 200 and over Totals/average
Number of holdings
Total support payments
Average payment per holding
Average cows per holding
Average payment per cow
Range (payment per cow)
Average payment per litre
Average yield per cow
10 22 £20,974 £266,875 £2,097 £12,131 12 63
£179 £189 92-223 121-224 4.99p 4.88p 3585 litres 3877 litres
18 50 £611,835 £899,684 £33,991 £17993 158 87
£214 £207 175-249
4.87p 4.88p 4395 litres 4241 litres
I t can be seen that
( 1 ) T he Seasonality Subsidy has been paid predominantly to the larger, higher yielding herds.
( 2 ) T he payments are closely correlated with total milk production (see yield per cow and herd size).
( 3 ) T he payments are not correlated with success achieved in matching seasonal production with the
seasonal milk prices (see the average payments per litre).
I t can be concluded that the payments are rewarding higher production, rather than success in matching
seasonal production to Jersey Milk's seasonal milk prices.
M embers of the Assembly should note that this information about the distribution of this subsidy to producers
has only recently become available.
I would also like to remind Members of the Assembly that the Policy Report 2001 proposes to discontinue
this subsidy and to replace it with headage payments, which would be totally transparent. Another purpose of the proposed policy change, however, is to decouple' direct aid for dairy farmers from production, thereby removing any incentive from the States to produce more milk. It is proposed that the decoupling' will be achieved without disadvantaging those producers that currently have the more productive herds."
Stabilisation of Property Price s and the Provision of Affordable Residential Accommodation - P.68/2001 Comments - P.68/2001 Com.
Comments - P.68/2001 Com.(2)
THE STATES commenced consideration of a proposition concerning stabilisation of Property Price s and the provision of Affordable Residential Accommodation (P.68/2001), and considered, in principle, whether positive action should be taken to encourage home ownership in the Island and the stabilisation of residential and commercial property prices and rentals, and rejected paragraph (a)(i) -
( a ) that the Finance and Economics Committee be requested -
( i) t o investigate the introduction of taxation on any capital gain received on the sale of land,
residential or commercial property within 20 years of its purchase to discourage the sale of such property within a short period of time; and
Le Maistre, Stein, Kinnard, Le Claire. Connétable s
St. Peter .
Deputies
S. Baudains(H), Duhamel(S), Breckon(S), Huet(H), St. Martin, St. Peter, G. Baudains(C), Martin(H). "Contre" (29)
Senators
Horsfall, Quérée, Bailhache , Norman, Le Sueur, Lakeman.
Connétable s
Grouville , St. Helier, St. Ouen, Trinity , St. Saviour, St. Brelade, St. Lawrence, St. Mary, St. John. Deputies
H. Baudains(C), Trinity , Routier(H), Crowcroft (H), Dubras(L), St. Ouen, Dorey(H), Troy (B), Voisin(L) Scott Warr en(S), Farnham (S), Ozouf (H), Fox(H), Bridge(H).
THE STATES rejected paragraph (a)(ii) -
( a ) that the Finance and Economics Committee be requested -
(i i ) to bring forward for approval legislation to provide that mortgage interest relief should only be
granted in respect of residential property which is owner-occupied and which is the owner's principal place of residence and that such relief should be limited to the first £260,000 of any mortgage on that property;
Members present voted as follows on paragraph (a)(ii) -
"Pour" (18)
Senators
Bailhache , Kinnard, Le Claire.
Connétable s
St. Helier , Trinity , St. Mary, St. John, St. Peter. Deputies
H. Baudains(C), S. Baudains(H), Duhamel(S), Breckon(S), Huet(H), St. Martin, G. Baudains(C Scott Warr en(S), Bridge(H), Martin(H).
"Contre" (24)
Senators
Horsfall, Le Maistre, Stein, Quérée, Norman, Le Sueur, Lakeman. Connétable s
Grouville , St. Ouen, St. Saviour, St. Brelade, St. Lawrence. Deputies
Trinity , Routier(H), Crowcroft (H), St. Peter, Dubras(L), St. Ouen, Dorey(H), Troy (B), Voisin(L) Farnham (S), Ozouf (H), Fox(H).
THE STATES rejected paragraph (b) -
t h a t a ll Committees of the States shall henceforth ensure that the rent review clause in any new
agreement for the leasing of property, entered into by the public, either as lessor or lessee, or the renewal of any such agreement, specifies that annual rent increases shall be limited to a maximum of 2.5% and shall not be linked to the increase in the Jersey Retail Price Index;
Members present voted as follows on paragraph (b) -
"Pour" (12)
Senators
Bailhache , Kinnard, Le Claire. Connétable s
Trinity , St. Mary, St. Peter . Deputies
S. Baudains(H), Breckon(S), Huet(H), G. Baudains(C), Fox(H), Martin(H). "Contre" (30)
Senators
Horsfall, Le Maistre, Stein, Quérée, Norman, Le Sueur, Lakeman.
Connétable s
Grouville , St. Helier, St. Ouen, St. Saviour, St. Brelade, St. Lawrence, St. John. Deputies
H. Baudains(C), Trinity , Duhamel(S), Routier(H), St. Martin, Crowcroft (H), St. Peter, Dubras(L St. Ouen, Dorey(H), Troy (B), Voisin(L), Scott Warr en(S), Farnham (S), Ozouf (H), Bridge(H).
THE STATES adopted paragraph (c) and requested the Planning and Environment Committee, in conjunction with the Policy and Resources, Industries and Housing Committees, to compile, and publish on a regular basis, statistics on the number of new dwellings completed in the Island;
THE STATES rejected paragraph (d)(i) -
( d ) to request the Housing Committee -
(i ) to review the Committee's policy on the level of maximum or fair rents for States accommodation
and the operation of the private sector rent rebate system to ensure that the maximum payable in rent by tenants is no more than fifteen per cent of the Island's average earnings index;
Bailhache , Kinnard, Le Claire. Deputies
S. Baudains(H), Duhamel(S), Breckon(S), Voisin(L), Fox(H). "Contre" (33)
Senators
Horsfall, Le Maistre, Stein, Quérée, Norman, Le Sueur, Lakeman. Connétable s
Grouville , St. Helier, St. Ouen, Trinity , St. Saviour, St. Brelade, St. Lawrence, St. Mary , St. John, S Peter.
Deputies
H. Baudains(C), Trinity , Routier(H), Huet(H), St. Martin, Crowcroft (H), St. Peter, Dubras(L), St. Oue
- Baudains(C), Dorey(H), Troy (B), Scott Warr en(S), Farnham (S), Ozouf (H),Bridge(H).
One member abstained from voting. THE STATES rejected paragraphs (d)(ii-iv) - ( d ) to request the Housing Committee -
(i i) to review the operation of the Rent Control Tribunal and bring forward for approval legislation to
grant the Tribunal powers to give due consideration to Jersey's average earnings index and the levels of real income and pensions when determining actual rental levels;
(i ii ) t o review the current methods of registration and regulation of lodging houses and, in particular, to
consider the introduction of legislation to regulate the prices charged by lodging house owners or their agents;
( iv ) to identify, and maintain a register of, all unoccupied residential property and consider the
introduction of a method of financially penalising owners who allow residential property to remain vacant for more than one year;
THE STATES adopted paragraph (e) and requested the Industries Committee to give due consideration to the provision of more affordable homes for sale and rental when considering applications under Part III of the Regulation of Undertakings and Development (Jersey) Law 1973, as amended.
Members present voted as follows on paragraph (e) -
"Pour" (33)
Senators
Horsfall, Le Maistre, Stein, Quérée, Bailhache , Kinnard, Le Sueur, Le Claire. Connétable s
Grouville , St. Helier, Trinity , St. Mary, St. John, St. Peter.
Deputies
- Baudains(C), S. Baudains(H), Duhamel(S), Routier(H), Breckon(S), Huet(H), St. Martin,Crowcro (H), St. Peter,Dubras(L),St. Ouen, Dorey(H), Troy (B), Scott Warr en(S), Farnham (S), Ozouf (H), Fox(H Bridge(H), Martin(H).
"Contre" (9)
Senators
Norman, Lakeman.
Connétable s
St. Ouen , St. Saviour, St. Brelade , St. Lawrence. Deputies
Trinity , G. Baudains(C), Voisin(L).
THE STATES, adopting a proposition of Deputy Alan Breckon of St. Saviour -
( a ) requested the Planning and Environment Committee, in conjunction with the Policy and Resources,
Industries and Housing Committees, to compile, and publish on a regular basis, statistics on the number of new dwellings completed in the Island;
( b ) requested the Industries Committee to give due consideration to the provision of more affordable homes
for sale and rental when considering applications under Part III of the Regulation of Undertakings and Development (Jersey) Law 1973, as amended.
Meetings of the States of Jersey in 2002: suspension of Standing Order 4(1) - P.149/2001
THE STATES, adopting a proposition of the House Committee, suspended Standing Order No. 4(1) to enable the States to meet on the days fixed for the holding of meetings in ordinary session in 2002.
Projet d'Acte (200-) mettant en vigueur la Loi (2001) (Amendement No. 8) réglant la procédure criminelle P.151/2001
THE STATES, in pursuance of Article 21 of the Loi (2001) (Amendement No. 8) réglant la procédure made an Act entitled the Acte (200-) mettant en vigueur la Loi (2001) (Amendement No. 8) réglant la procédure criminelle.
Draft Law Reform (Disclosure and Conduct Before Action) (Jersey) Law 1999 (Appointed Day) Act 200-
THE STATES, in pursuance of Article 6 of the Law Reform (Disclosure and Conduct before Action) (Jersey) Law 1999, made an Act entitled the Law Reform (Disclosure and Conduct Before Action) (Jersey) Law 1999 (Appointed Day) Act 2001.
Draft Criminal Justice (International Co-operation) (Jersey) Law 2001 (Appointed Day) Act 200- P.153/2001
THE STATES, in pursuance of Article 10 of the Criminal Justice (International Co-operation) (Jersey) Law 2001, made an Act entitled the Criminal Justice (International Co-operation) (Jersey) Law 2001 (Appointed Day) Act 2001.
Draft Criminal Justice (International Co-operation) (Jersey) Regulations 200- P.154/2001
THE STATES, in pursuance of Article 7 of the Criminal Justice (International Co-operation) (Jersey) Law 2001, made Regulations entitled the Criminal Justice (International Co-operation) (Jersey) Regulations 2001.
Draft Collective Investment Funds (Amendment No. 3) (Jersey) Law 200- P.155/2001
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Collective Investment Funds (Amendment No. 3) (Jersey) Law 200-.
Draft Banking Business (Amendment No. 3) (Jersey) Law 200- P.156/2001
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Banking Business (Amendment No. 3) (Jersey) Law 200-.
Draft Insurance Business (Amendment No. 3) (Jersey) Law 200- P.157/2001
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Insurance Business (Amendment No. 3) (Jersey) Law 200-.
Draft Financial Services (Amendment) (Jersey) Law 200- P.158/2001
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Financial Services (Amendment) (Jersey) Law 200-.
Arrangement of business for the present meeting
THE STATES agreed to defer consideration of the draft Gambling (Betting) (Amendment No. 11) (Jersey) Regulations (P.150/2001 lodged "au Greffe" on 16th October 2001) and to consider it as the first item of business at their next meeting on 13th November 2001.
Changes in Presidency
The Bailiff retired from the chair during consideration of the Stabilisation of Property Price s and the Provision of Affordable Residential Accommodation (P.68/2001) and Miss Catherine Mary Newcombe, Greffier of the States, took over the Presidency. The Bailiff resumed the Presidency at the conclusion of that matter.
THE STATES rose at 5.52 p.m.
C.M. NEWCOMBE Greffier of the States.