States Minutes 10th December 2004

THE STATES assembled on Friday,

10th December 2004, at 9.30 a.m. under

the Presidency of Mr. Michael Nelson de la Haye, Greffier of the States.

All members were present with the exception of –

J acq  ueline Jeannette Huet, Deputy of St. Helier – out of the Island Maur  ice François Dubras, Deputy of St. Lawrence – out of the Island R o y George Le Hérissier, Deputy of St. Saviour–  out of the Island.

Prayers

Budget 2005

Amendments and Comments

THE STATES allowed the Treasurer of the States to be present in the Chamber during the consideration of the Budget.

THE STATES resumed consideration of the Budget 2005, and, having considered the estimates of revenue expenditure and income of the following Committees, decided to allow the said estimates as detailed in the undermentioned pages of the Budget as follows –

H a rbours and Airport Committee – La Collette Reclamation Scheme – page 58 L egi  slation Committee – page 58

T R  ADING COMMITTEES

H a rbours and Airport Committee:

H ar bour  s – pages 60 to 63

A i rpor t – pages 64 to 66

C o mmittee for Postal Administration – pages 67 to 68

P ubl  ic Services Committee Car Parks Trading Account – pages 69 to 70.

THE STATES noted a credit of revenue expenditure for each of the undermentioned Committees as shown on page 4 of the Budget –

£ P ol i c y and Resources Committee 6,280,600 P ri vi l eges and Procedures Committee 5,233,400 F inance  and Economics Committee 55,943,400

E nvi r onment and Public Services Committee

P l ann ing and Environment 5,720,000 P u bl ic S e rvices 21,245,900

E con omic Development Committee 15,665,200 H eal t h and Social Services Committee 121,315,400 E duc ation, Sport and Culture Committee 87,254,200 H om e Affairs Committee 37,696,900 E m pl oyment and Social Security Committee 82,727,100 H ous ing Committee 497,100 L egi s lation Committee 48,200 O ver seas Aid Committee 5,524,000 H ar b ours and Airport Committee – La Collette (136,000)

Reclamation Scheme

THE STATES, referring to the summary of income and revenue expenditure appearing on page 76, agreed the total  revenue  expenditure  in  the  sum  of £602,441,300,  being £67,348,900  from  trading  committees, £501,592,400 from non-trading committees and £33,500,000 repayment of capital debt; the total income, excluding transfers from the Capital Fund, in the sum of £167,620,100, being £77,543,100 from trading committees, £89,586,700 from non-trading committees, and £490,300 interest received on capital debt; and, having allowed for the total other income in the sum £18,980,000, the estimated transfer to the trading funds of the trading committees of £9,781,500, and the net return from trading committees of £412,700, agreed the amount to be transferred to the General Reserve in the sum of £11,794,300.

THE  STATES  noted  that  on  the  basis  of  levels  of  taxation  proposed  by  the  Finance  and  Economics Committee, the deficit balance on the revenue account to be transferred from the Capital Fund, amounted to (£9,028,296).

Having allowed for a balance of £28,343,495 to be brought forward at 1st January 2005, and taking into account the capital repayments and receipts of £34,551,800, and transfer to the income of the revenue account of (£9,028,296), the States noted that there would be available in the capital fund the sum of £53,866,999. No transfer to the Strategic Reserve was to be made.

THE  STATES  commenced  consideration  of  the  estimates  of  capital  expenditure  in  the  total  sum  of £37,567,000 recommended by the Finance and Economics Committee, and allowed the estimates as follows –

N  O  N-TRADING COMMITTEES

t h e estimate of the capital expenditure of the Finance and Economics Committee appearing on page 72 of

the Budget;

t he estimate of the capital expenditure of the Housing Committee appearing on page 72 of the Budget;

t he  estimate of the capital expenditure of the Policy and Resources Committee appearing on page 72 of

the Budget;

t he  estimate of the capital expenditure of the Environment and Public Services Committee appearing on

page 72 of the Budget;

t he estimate of the capital expenditure of the Health and Social Services Committee appearing on page 72

of the Budget;

t he  estimate of the capital expenditure of the Education, Sport and Culture Committee appearing on

page 73 of the Budget; and,

t he  estimate of the capital expenditure of the Home Affairs Committee appearing on page 73 of the

Budget.

THE STATES allowed the amount to be voted from the Capital Fund of £37,567,000. Members present voted as follows –

POUR: 31 CONTRE: 4 ABSTAIN: 0

Senator S. Syvret

Senator L. Norman

Senator W. Kinnard

Senator T.A. Le Sueur

Senator P.F. Routier

Senator M.E. Vibert

Senator P.F.C. Ozouf

Senator R.J. Shenton Connétable of St. Martin Connétable of St. Saviour Connétable of St. Mary Connétable of St. Peter Connétable of St. Clement Connétable of Trinity Connétable of St. John

Deputy of Trinity

Deputy A. Breckon (S)

Deputy of St. Martin

Deputy T.J. Le Main (H) Deputy J.L. Dorey (H)

Deputy C.J. Scott Warr en (S) Deputy J.B. Fox (H)

Deputy J.A. Bernstein (B) Deputy S.C. Ferguson (B) Deputy of St. Mary

Deputy of St. Ouen

Deputy P.J.D. Ryan (H) Deputy M.A. Taylor (C) Deputy of Grouville

Deputy of St. Peter

Deputy J.A. Hilton (H)

Deputy of St. John

Deputy G.C.L. Baudains (C) Deputy G.P. Southern (H) Deputy G.W.J. de Faye (H)

THE STATES noted the Loan Sanction Repayments in the amount of (£5,000,000) for Hautlieu School, appearing on page 73 of the Budget.

THE STATES then proceeded to consider the estimates of capital expenditure to be financed from the Trading Funds appearing on page 74 of the Budget and allowed –

the estimate of the capital expenditure of the Harbours and Airport Committee in respect of the Harbours; the estimate of the capital expenditure of the Harbours and Airport Committee in respect of the Airport; the estimate of the capital expenditure of the Committee for Postal Administration; and,

the estimate of the Environment and Public Services Committee in respect of the Public Services Car Parks Trading Fund.

THE STATES approved the said estimates totalling £17,268,000.

THE STATES, having noted the estimated transactions of the Trading Funds in 2005, decided to allow the said estimates as detailed in the undermentioned pages of the Budget as follows –

TRADING FUNDS

Harbours and Airport Committee in respect of Harbours – page 63 Harbours and Airport Committee in respect of Airport – page 66 Committee for Postal Administration – page 68

Public Services Committee Car Parks Trading Account – page 70.

THE STATES, having noted the exit of the Treasurer of the States from the Chamber, allowed the Comptroller of Income Tax and the Deputy Agent of the Impôts to be present in the Chamber during the remaining consideration of the Budget.

THE STATES commenced consideration of the estimates of income to be produced from direct and indirect taxation appearing on page 2 of the Budget and rejected an amendment of Senator Michael Edward Vibert , (P.203/2004 lodged "au Greffe on 16th November 2004), that, on page 2 of the Budget, the estimates of income from Indirect Taxation be increased by adding the following amounts to the Impôts –

(i ) £ 153,0 00 to Impôts on Spirits, so that the income rose from £4,361,000 to £4,514,000; (i i) £ 1 81,000 to Wines, so that the income rose from £5,170,000 to £5,351,000;

(i ii )  £ 17,000 to Cider, so that the income rose from £493,000 to £510,000; and,

(i v ) £ 170,0 00 to Beer, so that the income rose from £4,851,000 to £5,021,000.

Members present voted as follows –

POUR: 17 CONTRE: 30 ABSTAIN: 0

Senator J.A. Le Maistre Senator S. Syvret

Senator W. Kinnard

Senator T.A. Le Sueur

Senator P.F. Routier

Senator M.E. Vibert

Senator P.F.C. Ozouf

Senator R.J. Shenton Connétable of St. Ouen Connétable of St. Brelade Deputy J.L. Dorey (H)

Deputy P.N. Troy (B)

Deputy C.J. Scott Warr en (S) Deputy J.B Fox (H)

Deputy J-A. Bridge (H)

Deputy G.P. Southern (H) Deputy of Grouville

Senator L. Norman

Senator F.H. Walker Senator E.P. Vibert Connétable of St. Mary Connétable of St. Peter Connétable of St. Clement Connétable of St. Helier Connétable of Trinity Connétable of St. Lawrence Connétable of Grouville Connétable of St. John Deputy of Trinity

Deputy R.C. Duhamel (S) Deputy A. Breckon (S) Deputy of St. Martin Deputy of St. John

Deputy T.J. Le Main (H) Deputy G.C.L. Baudains (C) Deputy F.G. Voisin (L) Deputy L.J. Farnham (S) Deputy J.A. Martin (H) Deputy J.A. Bernstein (B) Deputy S.C. Ferguson (B) Deputy of St. Mary

Deputy of St. Ouen

Deputy P.J.D. Ryan (H) Deputy M.A. Taylor (C) Deputy of St. Peter

Deputy J.A. Hilton (H) Deputy G.W.J. de Faye (H)

THE STATES commenced consideration of an amendment of Deputy Peter Nicholas Troy of St. Brelade, (P.224/2004 – Budget 2005: 10th amendments), that on page 2 of the Budget, the estimates of income from Indirect Taxation be increased by adding the following amounts to Impôts –

 (i ) i ncr ease Spirits by £92,000 from £4,361,000 to £4,453,000;

 (i i) i nc rease Wine by £108,000 from £5,170,000 to £5,278,000; and,

 (i ii ) i ncr  ease Beer by £102,000 from £4,851,000 to £4,953,000.

THE STATES, following consideration, adopted a proposition of Deputy Gerard Clifford Lemmens Baudains of St. Clement that, in accordance with Standing Order No. 27, the States move to the consideration of the next item on the order paper.

THE STATES adopted an amendment of Senator Richard Joseph Shenton that on page 2 of the Budget, the estimate of income from Indirect Taxation be increased in order to fund the establishment of a Countryside Renewal (agri-environment) Scheme, by adding the following amount to the Impôts –

£600 ,000 to Impôts on tobacco, so that the income rose from £14,595,000 to £15,195,000.

Members present voted as follows –

POUR: 41 CONTRE: 1 ABSTAIN: 0 Senator J.A. Le Maistre Deputy G.W.J. de Faye (H)

Senator S. Syvret

Senator F.H. Walker

Senator W. Kinnard

Senator T.A. Le Sueur

Senator P.V.F. Le Claire

Senator P.F. Routier

Senator M.E. Vibert

Senator P.F.C. Ozouf

Senator E.P. Vibert

Senator R.J. Shenton

Connétable of St. Ouen

Connétable of St. Saviour

Connétable of St. Brelade

Connétable of St. Peter

Connétable of St. Clement

Connétable of St. Helier

Connétable of Trinity

Connétable of Grouville

Connétable of St. John

Deputy of Trinity

Deputy R.C. Duhamel (S)

Deputy A. Breckon (S)

Deputy of St. Martin

Deputy of St. John

Deputy T.J. Le Main (H)

Deputy G.C.L. Baudains (C)

Deputy P.N. Troy (B)

Deputy F.G. Voisin (L)

Deputy C.J. Scott Warr en (S)

Deputy J.B. Fox (H)

Deputy J-A. Bridge (H)

Deputy J.A. Martin (H)

Deputy G.P. Southern (H)

Deputy J.A. Bernstein (B)

Deputy of St. Mary

Deputy P.J.D. Ryan (H)

Deputy M.A. Taylor (C)

Deputy of Grouville

Deputy of St. Peter

Deputy J.A. Hilton (H)

THE STATES, following discussion, agreed the estimates of income, as amended, to be produced from indirect taxation appearing on page 2 of the Budget as follows –

Impôts on spirits

Impôts on wines

Impôts on cider

Impôts on beer

Impôts on tobacco Impôts on motor fuel Impôts on goods imported Vehicle Registration Duty

£4,361,000 £5,170,000 £493,000 £4,851,000 £15,195,000 £19,148,000 £100,000 £3,848,000

£53,166,000

THE STATES, following consideration, agreed the estimate of income to be produced from Stamp Duty appearing on page 2 of the Budget in the sum of £16,000,000.

THE STATES agreed to leave over further consideration of the Budget 2005 until Tuesday 14th December 2004, when it would be considered before the commencement of the meeting scheduled for that day.

Draft Harbours (Amendment No. 38) (Jersey) Regulations 200- P.183/2004 Comments

THE STATES, in pursuance of Article 4 of the Harbours (Administration) (Jersey) Law 1961, made Regulations entitled the Harbours (Amendment No. 38) (Jersey) Regulations 2004.

Draft Amendment (No. 29) to the Tariff of Harbour and Light Dues – P.185/2004 Comments

THE STATES, adopting a proposition of the Harbours and Airport Committee, in accordance with Article 6 of the Harbour and Light Dues (Jersey) Law 1947, as amended, approved the draft Amendment (No. 29) to the Tariff of Harbour and Light Dues as set out in the Appendix to the Report of the Harbours and Airport Committee dated 26th October 2004.

Senator Frank Harris on Walker , the Deputy of St. John and Deputy Gerard Clifford Lemmens Baudains of St. Clement all declared an interest and withdrew from the Chamber prior to the consideration of this matter.

Draft Family Allowances (Jersey) Regulations 200- P. 188/2004

THE STATES, in pursuance of Article 7 of the Family Allowances (Jersey) Law 1972, made Regulations entitled the Family Allowances (Jersey) Regulations 2004.

Arrangement of public business for the present meeting

THE STATES agreed to defer consideration of the following matter set down for consideration at the present meeting to the next meeting on 14th December 2004, at which it would be considered as the first item of public business –

States Members' parking. P.199/2004. Lodged: 11th November 2004.

Environment and Public Services Committee.

States Members' parking (P.199/2004): comments. P.199/2004. Presented: 7th December 2004. Com. Privileges and Procedures Committee.

States Members' parking (P.199/2004): amendment. P.199/2004. Lodged: 16th November 2004. Amd. Senator J.A. Le Maistre.

States Members' parking (P.199/2004): amendment (P.199/2004 Amd.) – comments. P.199/2004. Presented: 23rd November 2004. Amd.Com. Environment and Public Services Committee.

Arrangement of public business for the next meeting on 14th December 2004

THE STATES agreed to defer consideration of the following matters set down for consideration at the next meeting on 14th December 2004, to a later date –

Sites of Special Interest and Buildings of Local Interest: financial implications. P.166/2004 Lodged: 28th September 2004.

Deputy of St. John.

Sites of Special Interest and Buildings of Local Interest: financial implications P.166/2004. (P.166/2004) – comments. Com. Presented: 23rd November 2004.

Environment and Public Services Committee.

Maritime House, La Route du Port Elizabeth, St. Helier: transfer of administration. P.201/2004. Lodged: 16th November 2004.

Policy and Resources Committee.

Share transfer property: stamp duty. P.211/2004. Lodged: 23rd November 2004.

Deputy of St. Martin.

Adjournment

THE STATES then adjourned, having agreed to consider outstanding matters relating to the Budget 2005, on Tuesday 14th December 2004, together with outstanding matters of public business.

THE STATES rose at 5.10 p.m.

D.C.G. FILIPPONI Acting Greffier of the States.