States Minutes 10th September 2002

THE STATES assembled on Tuesday, 10th September 2002 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 Terence Augustine Le Sueur - out of the Island

I m ogen Stephanie Nicholls, Deputy of Grouville - out of the Island

T e rence John Le Main, Deputy of St. Helier - out of the Island

K e nneth William Syvret, M.B.E., Deputy of St. Ouen - out of the Island C e lia Joyce Scott Warr en, Deputy of St. Saviour - out of the Island

Prayers read by the Bailiff

Subordinate legislation tabled

The following enactments were laid before the States, namely -

Tourism (General Provisions) (Amendment No.  9) (Jersey) Order 2002. R & O 70/2002. Places of Refreshment (Registration) (Fees) (Jersey) Order 2002. R & O 71/2002.

G o r ey Fête (Jersey) Order 2002. R & O 72/2002.

R o a d Traffic (Public Parking Places) (No. 2) (Jersey) Order 2002. R & O 73/2002.

C o m panies (General Provisions) (Jersey) Order 2002. R & O 74/2002.

C o m panies (Fees) (Jersey) Order 2002. R & O 75/2002.

C o m panies (Subsidiaries) (Transitional Provisions) (Jersey) Order 2002. R & O 76/2002.

C o m panies (Standard Table) (Amendment) (Jersey) Order 2002. R & O 77/2002.

C o n trol of Borrowing (Amendment No.  11) (Jersey) Order 2002. R & O 78/2002.

Community Customs (Wine and Spirits) (Amendment) (Jersey) Order 2002. R & O 79/2002. States of Jersey (Declaration by Candidate) Order 2002. R & O 80/2002.

Community Provisions (Zimbabwe - Restrictive Measures) (No.  2) (Jersey) Order 2002.  R & O 81/2002. Education (Discretionary Grants) (Amendment) (Jersey) Order 2002. R & O 83/2002.

F ir e Precautions (Fees) (Jersey) Order 2002. R &  O 84/2002.

R o a d Traffic ( Trinity ) (Amendment No.  4) (Jersey) Order 2002. R & O 85/2002.

R o a d Traffic (Saint Brelade) (Amendment No.  12) (Jersey) Order 2002. R & O 86/2002. Tourism Committee - resignation of member and constitution

THE STATES noted the resignation of Deputy Michael Edward Vibert of St. Brelade from the Tourism Committee.

THE STATES, in accordance with Article 28(2)(b) of the States of Jersey Law 1966, and on the proposition of Senator Jean Amy Le Maistre, member of the Tourism Committee, determined that the Tourism Committee should consist of the President and four other members of the States.

Agriculture and Fisheries Committee - resignation of member and constitution

THE STATES noted the resignation of Deputy Roy George Le Hérissier of St.  Saviour from the Agriculture and Fisheries Committee.

THE STATES, in accordance with Article 28(2)(b) of the States of Jersey Law 1966, and on the proposition of Senator Jean Amy Le Maistre, President of the Agriculture and Fisheries Committee, determined that the Agriculture and Fisheries Committee should consist of the President and four other members of the States.

Health and Social Services Committee - appointment of member

THE STATES appointed Mr. Kenneth Alan Le Brun, Connétable of St. Mary , as a member of the Health and Social Services Committee.

Matters presented

The following matters were presented to the States -

Committee of Inquiry into Building Costs: final report - R.C.32/2002. P r esented by the Committee of Inquiry into Building Costs.

Financial assistance for the cost of ophthalmic and dental care for persons aged over 65: extension of scheme (P.131/2002) - comments - P.131/2002 Com.

P r esented by the Finance and Economics Committee.

States Resource Plan 2002 (P.132/2002): amendment (P.132/2002 Amd.) - comments - P.132/2002. Amd. Com. P r esented by the Finance and Economics Committee.

Haut de la Garenne: Incorporation of Trust, appointment of original Trustees, and lease of property to the Trust

(P.147/2002) - comments - P.147/2002. Com.

P r esented by the Finance and Economics Committee.

The Jersey Law Commission Report No. 3: the Law of Tutelles. P r esented by the Legislation Committee.

States Resource Plan 2002 (P.132/2002): amendment (P.132/2002 Amd.) – comments - P.132/2002 Amd.Com.(2) P r esented by the Policy and Resources Committee.

States Resource Plan 2002 (P.132/2002): amendment (P.132/2002 Amd) - amendment (P.132/2002 Amd.Amd.) - comments - P.132/2002 Amd.Amd.Com.

P r esented by the Policy and Resources Committee.

States Resource Plan 2002 (P.132/2002): second amendment (P.132/2002 Amd. (2)) – comments - P.132/2002 Amd.(2) Com.

P r esented by the Policy and Resources Committee.

The following matters were presented on 30th July 2002 -

Report by the Government Actuary on the financial condition of the Health Insurance Fund as at 31st December

1997 - R.C.27/2002.

P r esented by the Employment and Social Security Committee.

Employment relations legislation - R.C.28/2002.

Presented by the Employment and Social Security Committee.

The following matters were presented on 6th August 2002 -

Cottage Homes Committee: transfer of functions to Housing Committee (P.104/2002) - comments - P.104/2002. Com.(2)

P r esented by the Human Resources Committee.

Draft Public Records (Jersey) Law 200- (P.107/2002): comments - P.104/2002. Com. P r esented by the Human Resources Committee.

The following matter was presented on 13th August 2002 -

General Reserve: grant of additional funds to 30th June 2002 - R.C.29/2002.

Presented by the Finance and Economics Committee.

The following matter was presented on 20th August 2002 -

Haut de la Garenne, St. Martin: approval of drawings (P.57/2002) - comments - P.57/2002 Com. P r esented by the Finance and Economics Committee.

The following matters were presented on 3rd September 2002 -

Competition Law: progress report- R.C.30/2002. P r esented by the Industries Committee.

"Review of Consumer Protection in Jersey" report: response - R.C.31/2002. P r esented by the Industries 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 2nd September 2002 recording the following decisions of the Treasurer of the States under delegated powers, in pursuance of Standing Orders relating to certain transactions in land -

(a ) as recommended by the Housing Committee, the sale to Mr. Andrew Alistair Colquhoun and

Mrs. Margaret Kennedy Colquhoun, née Guild, of an area of land (measuring approximately 930 squar feet) at the Bashford Housing Estate, St. Saviour (located within the garden of the property known as Ruxley, Longueville Road, St. Saviour), for a nominal consideration of£10, on the basis that Mr. and Mrs. Colquhoun would be responsible for both parties' legal costs arising from this transaction;

( b ) as recommended by the Public Services Committee, the purchase from Mr. Philip Cowan Sinel and Mrs.

Iva de Jesus Sinel, née Camacho, of Field No. 1167a, St. Ouen (measuring 4,980 square feet), for th purpose of constructing an underground pumping station referred to as Bas du Marais Foul Sewer Extension (as shown on Public Services Department Drawing No. 768/004 dated July 2001), for a total consideration of £4,980, on the basis that the Committee would be responsible for both parties' reasonable legal fees arising from this transaction;

 ( c ) as recommended by the Health and Social Services Committee, the lease from Laprom Properties

Limited of the undermentioned units of accommodation at No.  37A David Place, St.  Helier, required fo occupation by nursing staff, for a period of five years and 15  days from 17th August 2002 (until 31st August 2007), on the basis of rental payments being monthly in advance -

(i ) F l at 1 - at an annual rent of £9,360, subject to annual revision in line with the Jersey Retail Price

Index; and

(i i ) F l ats 2, 3 and 4 - at an annual rent for each of £8,320, subject to annual revision in line with the

Jersey Retail Price Index;

w  it h e a c h party to be responsible for the payment of its own legal costs in relation to this transaction

and on the basis that no deposits were to be paid;

( d ) as recommended by the Health and Social Services Committee, a three-year internal repairing lease from

Mr.  Wayne Robert Meenagh and Mrs.  Rani Ann Meenagh, née Vivian, of the property known as Swis Cottage, Savile Street, St.  Helier, from 1st July 2002 at an annual rent of£17,000 (representing a rate of £326.92 a week) payable monthly in advance, subject to review in line with the Jersey Retail Price Index as at 1st July each year. All other terms and conditions were to remain as contained in the existing lease, with each party to be responsible for its own legal costs arising from the transaction and no deposits were to be paid;

( e ) as recommended by the Housing Committee, the sale to Mr.  Roy Albert Anquetil and Mrs.  Dilys Joan

Anquetil, née Le Cornu, of a roadway (measuring five feet in width) which adjoined their property known as Le Petit Nicolais, Le Mont Millais, St.  Helier, from the north-west, for a consideration of £2,500. It was recognised that the Committee administered the roadway, which served as a pedestrian access to Mr. and Mrs. Anquetil's property, as part of the Orchid Court Housing Estate. However, the roadway served no benefit to the public and it had been agreed that the public would be party to a contract  which would rectify a  number  of  minor  encroachments on  the  northern  boundary  of  the property and the necessary service rights. Mr. and Mrs. Anquetil were to be responsible for both parties' legal costs arising from this transaction.

Matters noted - acceptance of tender

THE STATES noted an Act of the Finance and Economics Committee dated 7th August 2002, showing that, in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that the Public Services Committee, by Act dated 8th July 2002, had accepted the lowest tender for the proposed foul sewer extension to Thistlegrove, St. Lawrence, namely that submitted by P. Trant (Jersey) Limited in the sum of £865,538.40 in a contract period of 30 weeks.

Matters lodged

The following matters were lodged "au Greffe" -

Draft Police Procedures and Criminal Evidence (Jersey) Law 200- (P.89/2002): amendment - P.89/2002. Amd. P r esented by the Home Affairs Committee.

Machinery of Government: freedom of representation (P.142/2002) – amendment - P.142/2002. Amd. P r esented by the Policy and Resources Committee.

Draft Licensing (Licence Fees) (Jersey) Regulations 200- P.150/200. P r esented by the Tourism Committee.

Health and Social Care Modernisation Fund - P.151/2002. P r esented by the Health and Social Services Committee.

Draft States Reform: Reorganization of Committees (Transitional Arrangements) (Jersey) Act 200- P.152/2002. P r esented by the Privileges and Procedures Committee.

Draft Public Finances (Administration) (Amendment No.  11) (Jersey) Law 200-. P.153/2002. P r esented by the Finance and Economics Committee.

Draft Health and Safety at Work (Construction) (Personal Protective Equipment) (Jersey) Regulations 200- P.154/2002.

P r esented by the Employment and Social Security Committee.

Draft Motor Traffic (No. 9) (Jersey) Regulations 200- P.155/2002. P r esented by the Home Affairs Committee.

Draft Rehabilitation of Offenders (Jersey) Law 2001 (Appointed Day) Act 200- P.156/2002. P r esented by the Legislation Committee.

Draft Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 200-  P.157/2002. P r esented by the Legislation Committee.

Projet de Loi (200-) concernant les serments des Connétable s et des Centeniers - P.158/2002. P r esenté par le Comité de Législation.

Draft Honorary Police (Amendment No.  2) (Jersey) Regulations 200- P.159/2002. P r esented by the Legislation Committee.

Draft Copyright (Jersey) Law 200- - P.160/2002. P r esented by the Industries Committee.

The following matters were lodged on 13th August 2002 -

States Resource Plan 2002 - P.132/2002.

Presented by the Policy and Resources Committee.

Draft Amendment (No.  11) of Standing Orders Relating to certain Transactions in Land- P.133/2002.

Presented by the Privileges and Procedures Committee.

Draft Jersey Advisory and Conciliation (Jersey) Law 200- P.134/200. P r esented by the Employment and Social Security Committee.

The following matters were lodged on 20th August 2002 -

Public Employees Contributory Retirement Scheme: Committee of Management - appointment of member - P.135/2002.

P r esented by the Human Resources Committee.

Draft Public Holidays and Bank Holidays (Amendment No.  2) (Jersey) Law 200- P.136/2002. P r esented by the Finance and Economics Committee.

Royde House, 21 Midvale Road, St. Helier: lease of accommodation - P.137/2002. P r esented by the Health and Social Services Committee.

Draft Criminal Justice (Evidence of Children) (Amendment) (Jersey) Law 200- P.138/2002. P r esented by the Legislation Committee.

Committee of Inquiry: procedures for allocation of residential property by Housing Trusts - P.139/2002. P r esented by Deputy S.M. Baudains of St. Helier.

The following matters were lodged on 27th August 2002 -

States Resource Plan 2002 (P.132/2002): amendment - P.132/2002 Amd. P r esented by the Human Resources Committee.

Draft Nursing and Residential Homes (Amendment) (Jersey) Law 200- P.140/2002. P r esented by the Health and Social Services Committee.

Mains Drain Extension Scheme: Thistle Grove, St. Lawrence andSt. John- P.141/2002. P r esented by the Deputy of St. John.

Machinery of Government: freedom of representation - P.142/2002. P r esented by Senator S. Syvret.

Planning and Building Core Service: strategy for future funding - P.143.2002. P r esented by the Planning and Environment Committee.

The following matters were lodged on 3rd September 2002 -

Draft Boats and Surf-Riding (Control) (Amendment No. 23) (Jersey) Regulations 200- P.144/2002.

Presented by the Harbours and Airport Committee.

Draft Pilotage (General Provisions) (Amendment No.  8) (Jersey) Regulations 200- P.145/2002. P r esented by the Harbours and Airport Committee.

D r a ft Harbours (Amendment No.  34) (Jersey) Regulations 200- P.146/2002.

Presented by the Harbours and Airport Committee.

H a ut de la Garenne: Incorporation of Trust, appointment of original Trustees, and lease of property to the

Trust - P.147/2002.

Presented by the Planning and Environment Committee.

D r a ft Law granting an Act of Incorporation to the Association called "The Haut de la Garenne Trust" -

P.148/2002.

Presented by the Planning and Environment Committee.

Ma chinery of Government: election and removal of ministers and votes of no confidence in ministers -

P.149/2002.

Presented by Senator S. Svyret.

Arrangement of public business for the present meeting

THE STATES granted leave to Deputy Alan Breckon of St. Saviour to defer consideration of the proposition regarding the Office of Fair Trading: establishment (P.97/2002 lodged "au Greffe" on 11th June 2002) from the present meeting to a later date.

Abattoir, La Collette, St. Helier: transfer of administration (P.109/2002) - withdrawn

THE STATES noted that the President of the Agriculture and Fisheries Committee had instructed the Greffier of the States to withdraw the proposition concerning the Abattoir, La Collette, St. Helier: transfer of administration (P.109/2002) lodged "au Greffe" on 25th June 2002.

Arrangement of public business for the present meeting

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the present meeting -

S t ates Resource Plan 2002 - P.132/2002. L o dged: 13th August 2002.

Policy and Resources Committee.

S t ates Resource Plan 2002 (P.132/2002): amendment - P.132/2002 Amd. L o dged: 27th August 2002.

H  u  man Resources Committee.

S t ates Resource Plan 2002 (P.132/2002): amendment (P.132/2002 Amd.) comments - P.132/2002 Amd.Com. P r esented: 10th September 2002.

F i nance and Economics Committee.

H a ut de la Garenne, St. Martin: approval of drawings - P.57/2002. L o dged: 23rd April 2002.

P l anning and Environment Committee.

H a ut de la Garenne, St.  Martin: approval of drawings (P.57/2002) - comments - P.57/2002 Com. P r esented on 20th August 2002.

F i nance and Economics Committee.

P u blic Employees Contributory Retirement Scheme: Committee of Management - appointment of member -

P.135/2002.

L o dged: 20th August 2002.

H  u  man Resources Committee.

Draft Criminal Justice (Evidence of Children) (Amendment) (Jersey) Law 200- P.138/2002. L o dged: 20th August 2002.

L e gislation Committee.

Arrangement of public business for the next meeting on 24th September 2002

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 24th September 2002 -

D r aft Planning and Building (Amendment) (Jersey) Law 200- - P.56/2002. L o dged: 23rd April 2002.

P l anning and Environment Committee.

D r aft Police Procedures and Criminal Evidence (Jersey) Law 200- P.89/2002. L o dged: 28th May 2002.

H  o  me Affairs Committee.

D r aft Police Procedures and Criminal Evidence (Jersey) Law 200- (P.89/2002): comments - P.89/2002 Com.

P r esented: 11th June 2002.

H  u  man Resources Committee.

D raft Police Procedures and Criminal Evidence (Jersey) Law 200- (P.89/2002): comments - P.89/2002 Com.

(2).

P r esented: 11th June 2002.

F i nance and Economics Committee.

D r aft Crime (Going Equipped) (Jersey) Law 200- P.96/2002. L o dged: 11th June 2002.

L e gislation Committee.

E u ropean Convention for the Protection of Human Rights and Fundamental Freedoms: Individual Right to

Petition - P.110/2002.

L o dged: 25th June 2002.

P o licy and Resources Committee.

D r aft Civil Evidence (Jersey) Law 200- P.111/2002. L o dged: 2nd July 2002.

L e gislation Committee.

M eetings of the States in 2003: suspension of Standing Order 4(1) - P.124/2002. L o dged: 23rd July 2002.

P r ivileges and Procedures Committee.

D r aft Law Reform (Miscellaneous Provisions) (Jersey) Law 200- P.130/2002. L o dged: 23rd July 2002.

L e gislation Committee.

P l anning and Building Core Service: strategy for future funding - P.143/2002. L o dged: 27th August 2002.

P l anning and Environment Committee.

T  HE STATES agreed that Planning and Building Core Service: strategy for future funding (P.143/2002

lodged au Greffe on 27th August 2002)) be considered immediately after the draft Planning and Building (Amendment) (Jersey) Law 200- (P.56/2002).

THE STATES noted that in accordance with Standing Order 22(3) Senator S. Syvret had instructed the Greffie of the States to withdraw the proposition regarding Machinery of Government: freedom of representation (P.25/2002 lodged "au Greffe" on 26th February 2002), having lodged "au Greffe" a revised proposition (P.142/2002) on 27th August 2002.

Additional meeting of the States

THE STATES agreed that an additional meeting of the States should be held on Tuesday, 1st October 2002.

Swimming pool facilities - questions and answers (Tape No. 770)

The Deputy of St. John asked Deputy Michael Edward Vibert of St. Brelade, President of the Sport, Leisure and Recreation Committee, the following questions -

" 1 . Will the President inform the Assembly whether the Committee is aware of the number of meetings held between the new operator of the Waterfront Pool and the Jersey Swimming Club and, if so, would he give details of such meetings and advise the Assembly whether members of the Committee were in

attendance?

2 . Assurances were given to the Assembly that the future of aquatics would be secure if Fort Regent's

swimming pool was closed. Would the President confirm the assurance he gave at that time that there would be continuity in providing proper swimming pool facilities in the light of a letter to him from the Jersey Swimming Club dated 9th August 2002 and signed by the President and both Vice-Presidents of the Club which expresses extreme concern regarding future swimming pool provision?

3 .  Will the President indicate whether or not Les Quennevais pool will be used for major swimming events

in future and if the answer is in the affirmative, give details and dates when proper spectator seating will be provided at that pool?"

The President of the Sport, Leisure and Recreation Committee replied as follows -

" 1 . I am aware that there have been a number of meetings between swimming clubs, WEB and the architects of the Waterfront pool since the States decision to include a 25 metre, six lane pool in the design. I am also aware that the new operator, Serco, has met with Jersey Swimming Club representatives at least once and that I was not present nor was any member of my Committee present at those meetings. In the light of concerns expressed by clubs a meeting was held with JASA on 4th September 2001. Further meetings have been arranged.

2 .  I can confirm that assurance.

3 .  Yes, in partnership with the Jersey Amateur Swimming Association discussions have taken place on

which swimming galas will be held at Les Quennevais. A total of 164 proper spectator seats were provided for in the original building. The Sport, Leisure and Recreation Committee has recently obtained Planning Permission to install a further 238 seats poolside for galas. JASA has assured the Committee that this will be sufficient. Work will begin on this project in the near future."

Bus passes - question and answer (Tape No. 770)

Senator Corrie Stein asked the Deputy of St. Peter, President of the Public Services Committee, the following question -

" W  ould the President inform members whether the contract entered into with the new bus operator, Connex Bus U.K. Limited, includes provision for the continuation of free bus passes for those people of pensionable age and the disabled when it begins operating on the first of October this year?"

The President of the Public Services Committee replied as follows -

" T he short answer is yes. The new operator, Connex, will continue to honour the free bus travel passes issued by Jersey Bus, for senior citizen and Health Insurance Exemption recipients. Contrary to what is implied in Senator Stein's question, persons who have a disability do not have entitlement to free bus travel unless they qualify as a senior citizen or HIE pass holder.

I n due course, hopefully by the end of this year, Connex will introduce a new, advanced pass system to

replace the current passes."

School bus service - question and answer (Tape No. 770)

The Deputy of St. John asked the Deputy of St. Peter, President of the Public Services Committee, the following question -

"A  t the last States Meeting on 26th July 2002, the President of the Public Services Committee gave members

an assurance that the school bus service problems had been resolved for all secondary schools and stated that a

revised timetable would be produced in the next few weeks. What the President failed to tell members was that it would be at the expense of two primary school routes, namely St. Martin and Trinity . Will the President explain the Committee's rationale for removing school transport from primary States' schools and state whether parents from Trinity , St. Martin's and FCJ schools were consulted about stopping this service?"

The President of the Public Services Committee replied as follows -

"My statement on 26th July concerning the resolution of the school bus service for secondary schools was entirely correct. I was not aware that the service to the two primary schools and to FCJ could be in jeopardy. The service to FCJ and Trinity and St. Martin Schools was dependent upon detailed negotiations between Tantivy Blue Coach and Public Services Department's officers that had not at that time been completed.

Trinity and St. Martin schools had been informed before Christmas 2001 that the service was becoming non-viable. The information was communicated by the schools to parents either individually or by inclusion in the school newsletter. Only one objection to the service's removal was notified to PSd officers.

The pending improvements at Grainville School and the planning conditions attached thereto makes operation of a bus service to FCJ extremely difficult. Safe operation requires much increased supervision at the school, supervision that the former head teacher was not prepared to offer. Circumstances also changed at the Beaulieu end of FCJ operations. A request made by Tantivy Blue Coach for increased supervision at Beaulieu received a similar reaction. Under such circumstances, the service became increasingly hard to sustain.

Unfortunately, these difficulties were not communicated by the school to either the Board of Governors, the incoming head teacher or to parents for comment. When that situation became apparent, further discussions took place and as announced on 29th August, agreement has now been reached between the FCJ Board of Governors, Tantivy Blue Coach and the Public Services Department on supervision arrangements.

Members should recognise that the bus service to Victoria College and the Jersey College for Girls in particular is, by necessity, not designed for use by children of primary school age. It is however, now available to FCJ pupils following negotiated supervision agreements for a shuttle bus transfer from and to Beaulieu. However, in order to keep within the available budget, loadings on the school bus service are much tighter than ever before and no guarantee of a place (or priority) can be given to these primary school children. In normal circumstances, if a school bus is full, the alternative option is to catch a following scheduled bus to the Weighbridge and use a shuttle bus or walk to school. This is not a suitable, safe, or secure procedure for primary school aged children to undertake. It is incumbent, therefore, on parents of children of primary school age to make arrangements for transporting their children to and from school when school buses are full."

School bus service - question and answer (Tape No. 770)

Deputy Roy George Le Hérissier of St. Saviour asked the Deputy of St. Peter, President of the Public Service Committee, the following question -

"W  ould the President outline the public consultation process which will precede the granting of bus licences to the new operator?"

The President of the Public Services Committee replied as follows -

" T he Motor Traffic (Jersey) Law 1935, as amended, makes provision for the Committee to grant omnibus

service licences, either on the basis of a tendering exercise or in response to an application from an operator for a

licence.

W  here licences are granted as the result of a tender process, then no public consultation is provided for in the

Law. However, I would expect the Committee to invite comment and consult widely prior to inviting tenders.

I n the case of applications to operate bus services, the Law sets out processes for notification and consultation

and for appeals. The process for notice and consultation will depend to an extent on the nature of the application but the Committee must in all such cases consider any representations on or objections to applications and respond to them.

A  s Connex has been selected following a competitive tender process, no further public consultation process is

involved.

S h ould Connex in the future wish to apply for an omnibus service licence to operate a new service, they will

have to make an application to the Committee and the Committee will apply the processes for notification and consultation set out in the Law."

Appointment of police officers - question and answer (Tape No. 770)

The Deputy of St. John asked Deputy Alastair John Layzell of St. Brelade, President of the Home Affair Committee, the following question -

" W ill the President -

( a ) confirm that the two recently appointed Superintendents who have come over from the United kingdom

are on employed on a contract basis?

( b ) advise members of the terms of the contracts and whether or not a rent allowance of approximately

£25,000 per annum per officer has been agreed?

( c ) confirm that 10 police constables have been recruited from the United Kingdom? If the answer is in the

affirmative, would he -

(i )  gi ve details of the length of term of their contracts;

(i i) co nfirm that these officers will be entitled to rent allowances;

(i ii ) in dicate the amount per officer per annum of any rent allowances?

( d ) advise whether the Committee is likely to assist any these officers to purchase homes within the Island

prior to their 10 years' contract having been completed and prior to them having gained housing qualifications?

( e ) advise whether rent allowances are available to local officers and if not, would the President explain the

rationale behind the Committee's thinking?

( f ) explain whether the Committee has considered that if no allowance is available to local officers, how

they will avoid creating a divide within the States Police Force?"

The President of the Home Affairs Committee replied as follows -

" ( a) Yes.

( b ) Five years and three years with no rent allowance.

( c ), (d), (e) and (f)

N o p o lice constables have been recruited from the United Kingdom."

Photographing of properties in the parish of Trinity - question and answer (Tape No.  770)

The Connétable of Trinity asked Senator Nigel Lewis Quérée, President of the Planning and Environment Committee, the following question -

" W ould the President inform members -

( a ) if he is aware that members of his Department are photographing properties in the Parish of Trinity to

be able to compare with photographs taken several years ago';

( b ) if all properties are to be photographed and if not, why not? ( c ) of the purpose of these photographs?

( d ) should current photographs reveal changes have been made to a property without planning permission

having been granted, will the Committee be referring the cases to the Attorney General for consideration?

( e ) the cost of this exercise?"

The President of the Planning and Environment Committee replied as follows -

" ( a) Officers of the Department are routinely involved in visiting and photographing sites and properties throughout the Island in fulfilment of the Committee's statutory duties. This does include the Parish of Trinity .

( b ) Some of the properties which are subject to the Committee's statutory responsibilities are presently

being photographed where this is considered helpful and necessary for the Committee's purposes.

( c ) Photographs do provide an important record for the purposes of assisting the Committee perform its

statutory duties.

( d ) The Committee's usual procedures for unauthorised development would apply. These include - removal

of the unauthorised works by agreement, inviting and determining a retrospective application, serving compliance notices and as a last resort, authorising enforcement. Papers may also be referred to the Attorney General if there are grounds for doing so.

( e ) There is no exercise' - there is no extra cost. The taking of photographs is part of the normal duties of

departmental staff when visiting sites in connexion with matters such as applications, recording historic buildings, environmental impact, complaints, bye-laws, policy and projects, enforcement etc. Photographs do allow economic use of staff and Committee time by reducing repeat visits."

Jersey Milk Marketing Board - questions and answers (Tape No. 770)

The Deputy of St. John asked Senator Jean Amy Le Maistre, President of the Agriculture and Fisheries Committee, the following questions -

" 1 . In the Jersey Milk Marketing Board (JMMB) Annual Report, a loss of £566,000 is reported for 2002 with a further loss of £227,000 for 2001. Will the President confirm whether or not the Committee was

aware of the most recent losses when the Committee recommended to the Finance and Economics Committee that

two large sums of money were required by the JMMB to carry out its exit strategy for cattle farmers?

2 .  On 19th March 2002, the President advised the Assembly -

T h e to t a l amount of aid provided to the dairy industry in the calendar year 2001 was £1,914,538, comprising  Direct  Aid  amounting  to £917,966  and  Indirect  Aid  amounting  to  approximately £996,572. With regard to indirect aid, there is a degree of estimation, because some services are shared between the dairy industry and the crop production sectors.'

W  o u ld the President give members details of the aid paid to the JMMB for 2001 and 2002 to date, both

direct and indirect, including the exit strategy payments?"

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

" 1 . When, in February 2002, the Agriculture and Fisheries Committee supported the first request from the JMMB for funding to enable the Dairy Industry Restructuring Scheme the Committee was aware of the loss reported by the Board for 2001. It was also aware of the very difficult trading circumstances for Jersey Milk and of the deteriorating profitability for individual dairy farmers. It is fair to say that a crisis situation existed and the Committee therefore supported the request for emergency funding. At that time the Committee was not, of course, aware of the loss for 2002; the extent of the loss was not known until it was published in August 2002.

T h e S  econd Restructuring Scheme, for which the Finance and Economics Committee agreed funding in

July, will, if fully subscribed, achieve its objective of reducing the total amount of milk license by a further 1.8m litres. The second scheme is a key element in reducing the level of milk production in the island to the level that Jersey Milk considers necessary in order to restore the industry to profitability.

2 .  I confirm that the figures quoted on 19th March 2002 for the calendar year 2001 are correct.

 T h e question appears to assume that direct aid, indirect aid and the restructuring payments are paid to the

JMMB. This is not correct. There is no States aid for the JMMB. Direct aid is paid entirely to individual dairy farmers; for administrative efficiency the payments are administered by Jersey Milk. There is no direct aid for the JMMB. Indirect aid comprises a range of services provided for individual dairy farmers. There is no indirect aid for the JMMB. Payments in connection with the Restructuring Scheme were made to individual dairy farmers. There were no payments to the JMMB.

H a v in g made this clear, the figures requested for 2001 and 2002 are as follows -

2001  2002 (full year) (to 30th June)

Direct aid 917,966 420,049 Indirect aid 996,572 495,249

First Restructuring nil 392,700 Scheme

Second Restructuring nil 350,000 Scheme

(budget)

Fencing on the New North Quay - questions and answers (Tape No.  770)

Deputy Gerard Clifford Lemmens Baudains of St.  Clement, asked the Deputy of St.  Mary, President of th Harbours and Airport Committee, the following questions -

" 1 . On 18th June 2002 members adopted the following proposition by 26 votes to 12 -

 N  e w N  o rt h Quay, St.  Helier: erection of fencing (P.88/2002) requested the Committee to

reconsider its decision to restrict access to parts of the New North Quay, St.  Helier, through the erection of fencing, and to request the Committee to replace the fencing, if necessary, with fencing in a location that meets the needs of all port users including pleasure boat owners'.

W  o u ld the President explain what progress the Committee has made on this matter in the interim and

would he give details of the various options the Committee has considered together with the conclusions it has reached?

2 .  On 23rd July 2002 I asked the President three questions. In 1(b) I asked (in relation to the New North

Quay fencing) what decisions the Committee had made as a result of P.88/2002 and the timetable involved'. He replied A number of legal aspects required confirmation by the Attorney General and we are awaiting his responses'.

A s t h e Committee was being asked to re-site, not remove the fencing, would the President give details of

the legal aspects requiring confirmation and whether that advice has now been received and would he further advise members whether the Attorney General's advice was sought before the present fencing was erected and if not, why not?

3 .  In question 1(c) of the same date, I asked the President to give details of what alternative parking

arrangements, if any, the Committee will implement in the short term to replace those lost by the present fence?'

T h e P  resident replied The spaces referred to by Deputy Baudains do in fact require, and have for some

years, port parking permits. These permits are issued to shipping and freight staff working in the area. Thus in times when restriction was not necessary, these spaces were customarily used (evenings and weekends) by boat owners. The customary practice of allowing port parking spaces outside of the restricted area to be used by boat owners will continue. Thus boat owners will not be disadvantaged .'

( a) W  ill the President confirm that approximately 22  parking spaces at the southern end of the quay

were not restricted to permit holders at weekends and Bank Holidays and will he therefore agree that the first sentence of his answer is misleading?

( b ) W  ith regard to the second sentence of his reply, will the President agree that whilst permits are

issued to shipping and freight staff, they are also issued to Marine Traders and others who are now denied access?

( c ) T  he  fencing  has  made  around  50  parking  spaces  (to  which  boatowners  had  previous  access) unavailable. On 3rd March the President wrote to the Deputy Harbourmaster To the south of these

gates there are 47  car parking spaces. Parking for boat owners is very limited around the harbour. Where are we

going to replace these 47  spaces?'

I n l ig ht of the above, would the President explain his statement Thus boatowners will not be

disadvantaged'.

( d ) During the debate on P.88/2002, the President stated in a couple of months the two old warehouses next

to the Sailors Rest will be demolished ..will be removed shortly and that area retained for parking for boatowners, the museum '.

T h e d e bate was three months ago and still there is no sign of demolition. Will the President explain why

and also explain why the trolleys promised for the area have not arrived?

4 . Will the President confirm that -

(a ) t h e gates to the New North Quay are now padlocked at night and at weekends, despite my asking in

the debate that they would not be made operational until all the options had been properly evaluated by the Committee, and would he also confirm that some boatowners have found themselves trapped on the quay by this exercise?

 ( b ) the gates of the boat park at La Collette have recently been padlocked shut at weekends, and will he

explain what he is hoping to achieve by this inconvenience to boatowners and will he also give details of those the Department forewarned of this closure?

 ( c ) three old cranes that had been parked on the New North Quay for many years were recently

scrapped, and advise who undertook this work, how much it cost and how much the scrap realised?"

The President of the Harbours and Airport Committee replied as follows -

" 1 . Safety and security are the direct responsibility of the Harbourmaster as part of his operational duties and he has considered every possible option available to achieve adequate protection for the public and property, whilst maintaining the operational capability of the New North Quay. The Committee's responsibility is to ensure that the Harbourmaster has, in the execution of his duties, adequately balanced the needs of the different users of the harbour and the public. This the Committee has done.

2 . There are a number of laws that are relevant, namely - H ar b o u r s ( Administration) (Jersey) Law 1961;

H  ea l th a n d Safety at Work (Jersey) Law 1989;

M  a ri t im  e S ecurity (Jersey) Law 1996;

A p p ro v e d Code of Practice for Health and Safety in the Port of St. Helier, Jersey dated 27th May

1999;

U  .K . M a r in e Port Safety Code.

T h e D epartment was confident that it was complying with all of the relevant regulations and laws, but

sought the confirmation that this was indeed the case in the light of the Deputy 's proposition. The advice was not sought prior to the erection of the fencing because, as I previously stated, the Department was confident that it was complying with the law.

3 . (a) M  y statement was certainly not intended to be misleading but factual. The 17  spaces at the south end

of the New North Quay were able to be used by boat owners at weekends and on bank holidays,

although they were only able to be used by holders of port parking permits during the working week.

( b ) Port parking permits are issued to the organisations which operate within the port area. They are also

issued  to  marine  related  businesses,  who  require  access  to  the  marinas  and  quays,  but  on  the understanding that they are not abused.

( c ) As stated in my reply to (a), these spaces are primarily for the use of those people who work on the quay.

It is only those spaces at the extreme south end of the quay that have been allowed to be used by boat owners on weekends and bank holidays. These particular spaces are the ones that will be replaced by the area  freed  up  for  boat  owners  around  the  small  warehouse  area.  My  reference  to  47  spaces  was misleading as, at that time, I did not fully appreciate the difference between the different sorts of parking areas and, of course, the majority being for the employees of Ferryspeed and Huelin Renouf will not have to be replaced.

( d ) The lease of the remaining tenants in the small warehouse ends at the end of December. I admit that the

word couple' was unintentionally an understatement, for which I apologise. Demolition cannot take place until the site is vacated and agreement has been reached with the Planning and Environment Committee as to its eventual use. As soon as I received notification of these questions, I went to the New North Quay where I saw the trolleys in position as promised.