States Minutes 1st July 2003

THE STATES assembled on Tuesday, 1st July 2003 at 9.30 a.m. under the Presidency of the Greffier of the States Michael Nelson de la Haye, Esquire.

All members were present with the exception of –

S e nator Leonard Norman – out of the Island

S e nator Christopher Gerard Pellow Lakeman – ill

S e nator Michael Edward Vibert – out of the Island

F r ancis Herbert Amy, Connétable of Grouville – ill

M  ichael John Touzel, Connétable of St. John – ill

J e nnifer-Anne Bridge, Deputy of St. Helier – out of the Island.

Prayers

Matters presented

The following matters were presented to the States –

Housing Regulations: reductions in qualifying periods (P.73/2003) - comments. P.73/2003. Presented by the Housing Committee. Com.

Benefits paid by the Housing and the Employment and Social Security

Committees: protection (P.75/2003) - comments. P.75/2003 Presented by the Employment and Social Security Committee. Com.

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

Matters lodged

The following matters were lodged "au Greffe" –

Machinery of Government: establishment of Scrutiny Panels and Public Accounts P.79/2003. Amd. Committee (P.79/2003) – second amendments. (2). Presented by Deputy J.L. Dorey of St. Helier .

Waterfront Shop Units, Albert Pier, St.  Helier: sale. P.92/2003. Presented by the Housing Committee.

Appointments Commission: re-appointment of member. P.93/2003. Presented by the Policy and Resources Committee.

Draft Mental Health (Amendment) (Jersey) Law 200-. P.94/2003. Presented by the Health and Social Services Committee.

Arrangement of public business for the present meeting

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

Philips House, Victoria Street, St. Helier: sale to Les Vaux Housing Trust. P.77/2003. Lodged: 10th June 2003.

Housing Committee.

THE STATES agreed to defer consideration of the proposition of the Legislation Committee concerning the draft Criminal Justice (Suspension of Prison Sentences) (Jersey) Law 200-, (P.66/2003 lodged "au Greffe" on 20th May 2003), until the next meeting to be held on 8th July 2003.

Arrangement of public business for the next meeting on 8th July 2003

THE STATES adopted a proposition of Senator Frank Harris on Walker that the proposition of Deputy Geoffrey Peter Southern of St. Helier concerning the protection of benefits paid by the Housing and Employment and Social Security Committees, (P.75/2003 lodged "au Greffe" on 10th June 2003), be not considered on 8th July 2003.

Members present voted as follows –

"Pour" (37)

Senators

Le Maistre, Walker , Kinnard, Le Sueur, Le Claire, Routier, Ozouf , E. Vibert .

Connétable s

St. Martin , St. Ouen, St. Saviour , St. Brelade, St. Mary, St. Peter, St. Clement , Trinity , St.  Lawrence. Deputies

Trinity , Duhamel(S), Huet(H), St. Martin, Le Main(H), Dubras(L), Dorey(H), Troy (B), Le Hérissier(S), Fox(H), Bernstein(B), Ferguson(B), St. Mary , St. Ouen , Ryan(H), Taylor (C), Grouville , St. Peter, Hilton (H), De Faye(H).

"Contre" (7)

Senator

Syvret.

Deputies

Breckon(S), St. John, Baudains(C), Scott Warr en(S), Martin(H), Southern (H).

Amy's House, La Route de Ste. Catherine, St. Martin: proposed sale – P.68/2003 Comments – P.68/2003. Com.

THE STATES commenced consideration of a proposition of the Housing Committee concerning the sale of the property known as Amy's House, La Route de Ste. Catherine, St. Martin, and, after discussion, rejected a proposition of Deputy Alan Breckon of St. Saviour that the matter be referred back to the Housing Committee.

Senators

Le Maistre, Kinnard, E. Vibert . Connétable

St. Mary .

Deputies

Duhamel(S), Breckon(S), St. Martin, Baudains(C), Troy (B), Scott Warr en(S), Le Hérissier(S), Martin(H), Southern (H), St.  Peter.

"Contre" (29)

Senators

Syvret, Walker , Le Sueur, Le Claire, Routier, Ozouf .

Connétable s

St. Martin , St. Ouen, St. Saviour , St. Brelade, St. Peter, St. Clement, St. Helier, Trinity , St. Lawrence. Deputies

Trinity , Huet(H), Le Main(H), Dubras(L), Dorey(H), Fox(H), Bernstein(B), Ferguson(B), St. Mary, St. Ouen, Ryan(H), Grouville , Hilton(H), De Faye(H).

THE STATES resumed consideration and rejected the proposition of the Housing Committee requesting them to –

( a ) approve the sale of the property known as Amy's House, La Route de St.  Catherine, St.  Martin as shown

on Drawing No. 1465/02/39 to Mr. Joseph Peter Bracken and Mrs. Jane Dympna Bracken, née May, h wife, jointly, for a sum of £275,000 with each party being responsible for its respective legal costs;

( b ) authorise the Attorney General and the Greffier of the States to pass the necessary contract; and ( c ) authorise the Treasurer of the States to receive the amount connected with the above transaction.

Senators

Walker , Le Sueur, Routier.

Connétable s

St. Martin , St. Ouen, St. Saviour , St. Brelade, St. Peter, St. Lawrence. Deputies

Trinity , Huet(H), Le Main(H), Dubras(L), Dorey(H), Le Hérissier(S), Fox(H), Bernstein(B), St. Mary , St. Ouen, Ryan(H), De Faye(H).

"Contre" (22) Senators

Le Maistre, Syvret, Kinnard, Le Claire, E. Vibert . Connétable s

St. Mary , St. Clement, St. Helier , Trinity .

Deputies

Duhamel(S), Breckon(S), St. Martin, St. John, Baudains(C), Troy (B), Scott Warr en(S), Martin(H), Southern (H), Ferguson(B), Grouville , St. Peter, Hilton(H).

Les Amarrages, Grève d'Azette, St. Clement: deed of arrangements – P.71/2003 Comments – P.71/2003. Com.

THE STATES, adopting a proposition of the Environment and Public Services Committee –

( a ) authorised the entering into of a Deed of Arrangement between the public and East Lodge Limited in

relation to the encroachment on the sea-wall by approximately one foot to the south west by the residential development owned by the said company known as Les Amarrages, Grève d'Azette, St. Clement (as shown on Drawing No. 15/Gen/03/57) owned by East Lodge Limited, with East Lodge Limited to make a payment of £65,000 to the public and to be responsible for all legal fees;

( b ) requested the Greffier of the States to sign the said drawings and authorised the Attorney General and the

Greffier of the States to pass the necessary contracts in connection with the proposed transactions; and

( c ) authorised the Treasurer of the States to receive any payment to the public as it became due. Members present voted as follows –

"Pour" (32)

Senators

Le Maistre, Syvret, Kinnard, Le Sueur, Le Claire, Routier, Ozouf . Connétable s

St. Ouen , St. Saviour, St. Brelade , St. Mary, St. Peter, St. Clement, St. Helier , Trinity , St. Lawrence.

Deputies

Duhamel(S), Breckon(S), Huet(H), Le Main(H), Dubras(L), Dorey(H), Troy (B), Scott Warr en(S), Le Hérissier(S), Bernstein(B), Ferguson(B), St. Mary, Ryan(H), Grouville , St. Peter , Hilton(H).

"Contre" (3)

Deputies

St. John, Fox(H), De Faye(H). Change of Presidency

The meeting resumed after the lunch adjournment under the Presidency of the Deputy Bailiff , Mr. Michael Cameron St. John Birt.

Draft Act annulling the Medicines (Kava-kava) (Prohibitions) (Jersey) Order 2003 – P.69/2003 Comments – P.69/2003. Com.

THE STATES rejected a proposition of Deputy Guy William John de Faye of St. Helier requesting them to adopt to adopt an Act annulling the Medicines (Kava-kava) (Prohibition) (Jersey) Order 2003.

Members present voted as follows –

"Pour" (17)

Senators

Le Claire, E. Vibert . Connétable s

St. Martin , St. Lawrence. Deputies

Trinity , Duhamel(S), Huet(H), St. John, Baudains(C), Dorey(H), Voisin(L), Farnham (S), Le Hérissier(S), Southern (H), Taylor (C), Grouville , De Faye(H).

"Contre" (24)

Senators

Le Maistre, Syvret, Kinnard, Le Sueur, Routier.

Connétable s

St. Saviour , St. Brelade , St. Mary, St. Peter , St. Clement, St. Helier . Deputies

St. Martin, Le Main(H), Troy (B), Scott Warr en(S), Fox(H), Martin(H), Bernstein(B), Ferguson(B), St. Mary, St. Ouen, Ryan(H), St. Peter, Hilton(H).

Ecology Fund: appointment of Chairman – P.72/2003

THE STATES, adopting a proposition of the Environment and Public Services Committee, referred to their Act dated 26th March 1991, approving the establishment of an Ecology Fund, and to their Act dated 28th March 1995, agreeing that the chairman of the trustees should be a member of the States appointed by the States on the recommendation of the Planning and Environment Committee; and appointed Deputy Jacqueline Ann Hilton of St. Helier as chairman of the Trustees of the Fund.

Philips House, Victoria Street, St. Helier: sale to Les Vaux Housing Trust – P.77/2003 THE STATES, adopting a proposition of the Housing Committee –

(a) approved the sale of the property known as Philips House, Victoria Street, St. Helier , to the Les Vaux Housing Trust for a nominal sum to be agreed by the Finance and Economics Committee, and otherwise on such terms and conditions as might be agreed by the Finance and Economics Committee with the approval of the Housing Committee for the purposes of redeveloping the site to construct fifteen one- bedroomed and three two-bedroomed flats for social rented accommodation, with associated car parking and amenity space;

( b ) authorised the Attorney General and the Greffier of the States to pass the necessary contracts on behalf

of the public.

Draft Matrimonial Causes (Amendment No. 11) (Jersey) Law 200- P.65/2003

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Matrimonial Causes (Amendment No. 11) (Jersey) Law 200-.

THE STATES rose at 5.15 p.m.

A.H. HARRIS Deputy Greffier of the States.