States Minutes 23rd October 2002

THE STATES assembled on Wednesday, 23rd October 2002 at 9.30 a.m. under the Presidency of the Bailiff ,

Sir Philip Bailhache .

All members were present with the exception of -

John Baudains Germain, Connétable of St. Martin - out of the Island Alan Breckon, Deputy of St. Saviour - ill

Imogen Stephanie Nicholls, Deputy of Grouville - ill

Prayers

Connétable of Trinity - retirement

The Bailiff referred to the impending retirement of the Connétable of Trinity , Mr. Philip Roy Cabot, and thanked him on behalf of the States for his services to the Assembly.

Draft States Reform: Reorganization of Committees (Transitional Arrangements) (Jersey) Act 200- P.152/2002

THE STATES, in pursuance of Article 29 of the States of Jersey Law 1966 made an Act entitled the States Reform: Reorganization of Committees (Transitional Arrangements) (Jersey) Act 2002.

Draft Amendment (No. 23) of the Standing Orders of the States ofJersey - P.177/2002

THE STATES, in pursuance of Article 27 of the States of Jersey Law 1966, as amended, made a Standing Order entitled the Amendment (No.  23) of the Standing Orders of the States of Jersey.

Draft Public Finances (Administration) (Amendment No.  11) (Jersey) Law 200- P.153/2002

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Public Finances (Administration) (Amendment No.  11) (Jersey) Law 2002.

Draft Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 200- P.157/2002

THE STATES, in pursuance of Articles 8(5), 10(3) and 11(4) of the Rehabilitation of Offenders (Jersey) Law 2001, made Regulations entitled the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002.

Draft Rehabilitation of Offenders (Jersey) Law 2001 (Appointed Day) Act 200-  P.156/2002

THE STATES, in pursuance of Article  12 of the Rehabilitation of Offenders (Jersey) Law 2001 made an Act entitled the Rehabilitation of Offenders (Jersey) Law 2001 (Appointed Day) Act 2002.

Draft Honorary Police (Amendment No.  2) (Jersey) Regulations 200- P.159/2002 THE STATES, in pursuance of Article 4 of the Police Force (Jersey) Law 1974, as amended, made Regulations entitled the Honorary Police (Amendment No.  2) (Jersey) Regulations 2002.

Elizabeth Harbour, St. Helier: Commodore Shipping (Jersey) Limited - variation and assignment of lease - P.161/2002

THE STATES, adopting a proposition of the Harbours and Airport Committee, referred to their Act dated 12th October 1993 in which they approved the lease to Commodore Shipping (Jersey) Limited of 20,000 square feet of land situated in Elizabeth Harbour, St.  Helier, shown on Plan  405/1, for a period of 42 years commencing 1 November 1993, at 80 pence a square foot, subject to review every five years, to enable the said company to construct and maintain the second Elizabeth Harbour warehouse/transit shed at its own expense; noted that the area stated in the lease on completion of the construction of the warehouse/transit shed was 21,390  square feet, and that the lease commenced on 2nd September 1994, and agreed -

( a ) to vary the terms of the lease to the said company to increase, with effect from 2nd September 1994, the

actual area occupied by the said company from 21,390  square feet to 21,702  square feet, as shown on drawing No.  P54901;

( b ) to vary the terms of the lease to the said company, with effect from 1st January 2001, to include the area

of land surrounding the building, measuring 49,857  square feet, shown on Drawing No.  P54902, at an annual rent of 50  pence a square foot, subject to review every fiveyears;

( c ) to authorise the Greffier of the States to sign the said drawings on behalf of the States;

 ( d ) to permit the assignment of the lease from Commodore Shipping (Jersey) Limited to Commodore

Properties Limited, with effect from 1st January 2001;

( e ) to authorise the Attorney General and the Greffier of the States to pass the necessary contracts on behalf

of the public;

( f )  to authorise the Treasurer of the States to receive the additional rental due in paragraphs (a) and (b)

above.

Draft Insurance Business (Amendment No.  4) (Jersey) Law 200- P.162/2002

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Insurance Business (Amendment No.  4) (Jersey) Law 2002.

Draft Misuse of Drugs (Amendment No.  3) (Jersey) Law 200-P.164/2002

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Misuse of Drugs (Amendment No.  3) (Jersey) Law 2002.

Draft Community Provisions Dual-Use items (Export Control) (Amendment) (Jersey) Regulations 200- P.165/2002

THE STATES, in pursuance of Article  2 of the European Communities Legislation (Implementation) (Jersey) Law 1996, as amended, made Regulations entitled the Community Provisions Dual-Use items (Export Control) (Amendment) (Jersey) Regulations 2002.

Draft European Communities Legislation (Implementation) (Cattle Identification) (Jersey) Regulations

200- P.168/2002

THE STATES, in exercise of their powers under Article 2 of the European Communities Legislation (Implementation) (Jersey) Law 1996, as amended, made Regulations entitled the European Communities Legislation (Implementation) (Cattle Identification) (Jersey) Regulations 2002.

St. Helier Street Life programme - P.170/2002 Amendment and second amendments

THE STATES commenced consideration of a proposition of the Planning and Environment Committee concerning St. Helier Street Life Programme, as amended by an amendment presented by the Committee and adopted the second amendment presented by Senator Paul Vincent Francis Le Claire that after paragraph (b) of the proposition there be inserted the following new paragraph (c) -

" (c ) to agree that, following consultations with residents, traders, the Parish of St.  Helier, and all other Committees concerned, the Planning and Environment and Public Services Committees should take steps as soon as possible to improve facilities for pedestrians in the following locations in the vicinity of Val Plaisant, St.  Helier -

1. the east side ofValPlaisantbetween Victoria Street and Winchester Street;
2. Val Plaisantat its junction with Devonshire Place; and
3. the west side of New Street betweenNo. 60A New Street and52New Street (the premises known asJason'sBarber'sShop')."

Members present voted as follows -

"Pour" (39)

Senators

Le  Maistre, Stein, Quérée, Bailhache , Kinnard, Le  Sueur, Le  Claire.

Connétable s

Grouville , Trinity , St.  Saviour, St.  Brelade, St.  Mary, St.  John, St.  Peter, St. Clement, St.  Helier. Deputies

H.  Baudains(C), Trinity , Duhamel(S), Routier(H), Layzell(B), Huet(H), St.  Martin, St.  John, Le  Main(H Vibert (B), St.  Peter, Dubras(L), St.  Ouen, Dorey(H), Troy (B), Voisin(L), Scott   Warr en(S), Le  Hérissi (S), Ozouf (H), Fox(H), Bridge(H), Martin(H), Southern (H).

"Contre" (1)

Deputy

7. Baudains(C.

THE STATES resumed consideration of the proposition as amended and after discussion, Deputy Geoffrey Peter Southern of St. Helier sought leave to propose that the proposition be referred back to the Committee which leave was refused by the Bailiff .

THE STATES, adopting a proposition of the Planning and Environment Committee, as amended, received the traffic management and road space change proposals contained within the St. HelierStreet Life Programme and set out in the report dated 19th September 2002 of the Planning and Environment Committee, as amended in the manner set out in the Appendix to the report of the Committee dated 9th October 2002 and, in particular, the St. Helier Town Centre Traffic Plan (drawing No. 3-02), the St. Helier Town Centre (East) Traffic Plan (drawing number 4-02) as detailed in Appendix 2, and the St. Helier Town Centre (West) Traffic Plan (drawing number 5- 02), as detailed in Appendix 2, subject to the provisions set out in the report at sections 4, 5 and 6; and -

( a ) approved the implementation of the programme of works Traffic Section Minor Highways Works 2002-

2003', as detailed in appendix three and shown on drawing number 6-02 subject to the provisions set out in the report at sections 4 and 5;

 ( b ) approved the implementation of the pedestrian and servicing improvement proposals as detailed in

appendix four and subject to the provisions set out in the report at sections 4 and 5.

(c ) agreed that, following consultations with residents, traders, the Parish of St. Helier, and all other

Committees concerned, the Planning and Environment and Public Services Committees should take steps as soon as possible to improve facilities for pedestrians in the following locations in the vicinity of Val Plaisant, St.  Helier-

1. the east side ofValPlaisantbetween Victoria Street and Winchester Street;
2. Val Plaisantat its junction with Devonshire Place; and
3. the west side ofNew Street betweenNo. 60A NewStreetand52NewStreet (the premises known asJason'sBarber'sShop').

Members present voted as follows -

"Pour" (42)

Senators

Horsfall, Le  Maistre, Stein, Quérée, Norman, Walker , Kinnard, Le  Sueur, Le  Claire.

Connétable s

Grouville , Trinity , St.  Saviour, St.  Brelade, St.  Mary, St.  John, St.  Peter, St. Clement, St.  Helier. Deputies

8. Baudains(C), St.  Mary, Trinity , Duhamel(S), Routier(H), Layzell(B), Huet(H), St.  Martin, Le Ma (H), Vibert (B), St.  Peter, Dubras(L),St. Ouen, Dorey(H), Troy (B), Voisin(L), Scott   Warr en(S), Farnham (S), Le Hérissier(S), Ozouf (H),Fox(H),Bridge(H), Martin(H), Southern (H).

"Contre" (2)

Deputies

St. John, G.  Baudains(C). Change in 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 the St.  Helier Street Life Programme and the meeting continued under his Presidency.

Kew Gardens, Valley Road, St. Helier: approval of drawings - P.175/2002 Comments P.175/2002 Com.

THE STATES, adopting a Proposition of the Housing Committee approved Drawings Nos. 1599/01A - 08A inclusive, and Nos.  1599/9, 1599/11A, 1599/12 and 1599/13, showing the refurbishment of Kew Gardens, Valley Road, St.  Helier, and authorised the Greffier of the States to sign the said drawings on behalf of the States.

Draft Parish Rate (Jersey) Law 200- P.176/2002

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Parish Rate (Jersey) Law 2002.

Jersey Overseas Aid Committee: funding - P.179/2002

THE STATES, adopting a proposition of the Overseas Aid Committee, referred to their Act dated 3rd November 1998 in which they approved a funding mechanism for the Overseas Aid Committee for the years 1999 to 2003 and -

(a )  confirmed  their  long-term  policy  objective  that  the  annual  level  of  funding  to  the  Overseas  Aid

Committee should be 2.4 per cent of the States of Jersey total taxation revenue;

( b ) agreed to reach this objective as soon as possible after 2008;

( c ) agreed that funding for Overseas Aid should be increased as follows -

Year Percentage of taxation

revenue

2004 1.25 per cent 2005 1.30 per cent 2006 1.35 per cent 2007 1.40 per cent 2008 1.45 per cent

(d ) a greed the level of funding to overseas aid should be further reviewed in 2008. Jersey Financial Services Commission: appointment of commissioners - P.181/2002

The Deputy Bailiff , in pursuance of paragraph  (1A) of Article  3 of the Financial Services Commission (Jersey Law 1998, as amended, and in accordance with Standing Order 46(2), ordered the withdrawal of strangers and the closing of the doors of the Chamber in order that the appointment of the Commissioners of the Jersey Financial Services Commission be considered in camera.

THE STATES, having deliberated thereon in camera, proceeded to vote in public assembly and, adopting a proposition of the Finance and Economics Committee, and in pursuance of Article  3 of the Financial Services Commission (Jersey) Law 1998, as  amended,  approved as Commissioners of  the Jersey Financial Services Commission with effect from 1st December 2002 for a period of three years -

( a ) the re-appointment of Jurat John Claude Tibbo, Mr.  Andrew Winckler and Mr. Scott Jamieson Dobbie,

CBE; and

( b ) the appointment of Advocate Michael Henry Clapham. Greffier of the States - retirement

The Deputy Bailiff referred to the impending retirement of the Greffier of the States, Miss Catherine Mary Newcombe, and informed members that the Bailiff had received a letter in the following terms from Miss Newcombe -

" D ear Sir Philip,

P l ease convey my sincere appreciation to all Members of the States for their beautiful gift and for enjoying

my retirement dinner as much as I did.

W  ithout doubt I have had the most interesting and rewarding job, made so by all the people I have worked

with over many years. I shall continue to take a keen interest whilst reconnecting with the world!"

The Deputy Bailiff , on behalf of all members, thanked the Greffier of the States for her service to the States and wished her well for her retirement.

THE STATES rose at 5.41 p.m.

C.M. NEWCOMBE Greffier of the States.