States Minutes 22nd June 2004

THE STATES assembled on Tuesday, 22nd June 2004 at 9.30 a.m. under the Presidency of the Bailiff ,

Sir Philip Bailhache .

All members were present with the exception of –

G e rard Clifford Lemmens Baudains, Deputy of St.  Clement – ill G e offrey John Grime, Deputy of St.  Mary – ill.

Prayers

Subordinate legislation tabled

The following enactments were laid before the States, namely –

Road Racing (Hill Climbs and Sprint) (No.  2) (Jersey) Order 2004. R&O 58/2004. Community Provisions (Burma/Myanmar Sanctions) (Jersey) Order 2004. R&O 59/2004. Water Pollution (Code of Good Agricultural Practice) (Jersey) Order 2004. R&O 60/2004.

Matters presented

The following matters were presented to the States –

Public and private sector construction workflow projections. R.C.29/2004. Presented by the Economic Development Committee.

Public Sector Manpower Report: December 2003. R.C.30/2004. Presented by the Finance and Economics Committee.

States Strategic Plan 2005 to 2010 (P.81/2004): comments. P.81/2004. Com. Finance and Economics Committee.

States Strategic Plan 2005 to 2010 (P.81/2004): amendment (P.81/2004  Amd.) – P.81/2004. comments. Amd.Com. Presented by the Policy and Resources Committee.

States Strategic Plan 2005 to 2010 (P.81/2004): second amendment P.81/2004. Amd. (P.81/2004  Amd.(2)) – comments. (2)Com. Presented by the Policy and Resources Committee.

States Strategic Plan 2005 to 2010 (P.81/2004): third amendment P.81/2004. Amd. (P.81/2004  Amd.(3)) – comments. (3)Com. Policy and Resources Committee.

States Strategic Plan 2005 to 2010 (P.81/2004): third amendment P.81/2004. Amd. (P.81/2004  Amd.(3)) – comments. (3)Com.(2) Presented by the Finance and Economics Committee.

States Strategic Plan 2005 to 2010 (P.81/2004): fourth amendment P.81/2004. Amd. (P.81/2004  Amd.(4)) – comments. (4)Com. Presented by the Policy and Resources Committee.

Lord Coutanche Court, Seaton Place, St.  Helier: Seaton Lane – proposed sale P.93/2004. Com. (P.93/2004) – comments. (2). Presented by the Environment and Public Services Committee.

Licensing Law: purchase of alcohol for persons under 18 (P.95/2004) – P.95/2004. Com. comments.

Presented by the Economic Development Committee.

St.  Aubin's Harbour, St.  Brelade: lease of an area of land to Alcora Limited P.108/2004. (P.108/2004) – comments. Com. Presented by the Harbours and Airport Committee.

The following matters were presented on 15th June 2004 –

Jersey Dental Scheme: Annual Report for the year ended 31st December 2003. R.C.26/2004. Presented by the Employment and Social Security Committee.

Working Group on 14 – 19 Curriculum: Interim Report. R.C.27/2004. Presented by the Education, Sport and Culture Committee.

Ecology Fund: report for 2003. R.C.28/2004. Presented by the Environment and Public Services 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 10th June 2004, showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

( a ) as recommended by the Health and Social Services Committee, the lease to Jersey Telecom Limited of

part of the Five Oaks Central Stores Warehouse, St.  Saviour, for the balance of a period of nine years deemed to have commenced from 4th January 2000, at an annual rent of £40,000 subject to three-yearly open market rent reviews, (namely, from 4th January 2003, at an annual rent of £40,500 as from that review date), on an internal repairing basis, with the tenant retaining the right to utilise adjoining WC facilities and having the use of the adjoining open yard and storage area, (which had hitherto been used on the basis of a monthly licence), and with each party to bear its own legal and professional costs arising from the transaction;

( b ) as recommended by the Housing Committee, the sale to Mrs.  Elizabeth Pauline Barlow, née Butler, of a

parcel of land, (measuring 6.75  square metres), to the north-west of No.  1 La Place Le Boutillier Le  Clos D'Avoine, St.  Brelade, for a consideration of£2,500, on the basis that Mrs.  Barlow would be responsible  for  the  reinstatement  of  the  curb,  and  for  both  parties' legal  costs,  as  well  as  the administration costs of the Department of Property Services and Law Officers' Department amounting to £700, arising from the transaction, with the future use of the land to be regulated by means of a restrictive building covenant; and,

( c ) as recommended by the Housing Committee, the lease to the Jersey Electricity Company Limited of an

area of land in respect of Electricity Substation No.  181, situated at Le  Bel D'Enton, Mont Les Vaux, St.  Brelade, for a period of 99 years deemed to have commenced on 25th December 2003, for an annua rent of £10 payable in total at the commencement of the lease, with each party to be responsible for its

own legal costs arising from the transaction.

Matters lodged

The following matters were lodged "au Greffe" –

Modernisation of Jersey's Gambling Legislation (P.62/2004): amendments. P.62/2004. Amd. Presented by Senator E.P.   Vibert .

Fiscal Strategy (P.106/2004) – amendments. P.106/2004. Presented by Deputy G.P. Southern of St.  Helier. Amd.

Mr.  William  Richmond-Pickering:  acceptance  of  bequest  and  establishment  of P.117/2004. Rivington Travelling scholarship.

Presented by the Education, Sport and Culture Committee.

Commissioners of Appeal for Income Tax: appointment. P.118/2004. Presented by the Finance and Economics Committee.

Sale of properties. P.119/2004. Presented by the Housing Committee, and referred to the Environment and Public

Services Committee.

Draft Jersey Association for Mental Health and Jersey Schizophrenia Fellowship P.120/2004. (Integration with Jersey Focus on Mental Health) (Jersey) Law 2003 (Appointed

Day) Act 200-.

Presented by the Health and Social Services Committee.

Public and political access to economic models. P.121/2004. Presented by Senator S. Syvret.

Draft Taxation (Implementation) (Jersey) Law 200-. P.122/2004. Presented by the Policy and Resources Committee.

Modernisation of Jersey's Gambling Legislation: gaming devices. P.123/2004. Presented by Senator E.P.   Vibert .

The following matters were lodged on 15th June 2004 –

Bus Service Tendering Process: Committee of Inquiry – terms of reference and P.99/2004. Amd. membership (P.99/2004) – amendment.

Presented by Deputy R.G. Le  Hérissier of St.  Saviour.

Composition and Election of the States Assembly. P.115/2004. Presented by Deputy of St. Martin.

Shadow Public Accounts Committee: revised membership. P.116/2004. Presented by the Privileges and Procedures Committee.

Jersey  Competition  Regulatory  Authority:  appointment  of  member  and  Chairman  (P.63/2004) – withdrawn

THE STATES noted that, in accordance with Standing Order 22(3), the President of the Economic Development Committee had instructed the Greffier of the States to withdraw the proposition regarding the Jersey Competition Regulatory Authority: appointment of member and Chairman, (P.63/2004 lodged "au Greffe" on 20th April 2004).

Bus Service Tendering Process: Committee of Inquiry – terms of reference and membership  (P.99/2004) – withdrawal of paragraphs (a) and (b)

THE STATES noted that, in accordance with Standing Order 22(3), the President of the Policy and Resources Committee had instructed the Greffier of the States to withdraw paragraphs (a) and (b) of the proposition regarding the Bus Service Tendering Process: Committee of Inquiry – terms of reference and membership, (P.99/2004 lodged "au Greffe" on 25th May 2004), and set down for consideration at the present meeting.

Arrangement of public business for the present meeting

THE STATES acceded to a request of the President of the Policy and Resources Committee that the following item, set down for consideration at the present meeting, be taken as the first item of public business –

Model Agreements on taxation of savings income. P.97/2004. Lodged: 18th May 2004.

Policy and Resources Committee.

THE STATES acceded to a request of the President of the Finance and Economics Committee that the following items, set down for consideration at the present meeting, be taken as the last items of public business –

Draft Stamp Duties and Fees (No.  3) (Jersey) Regulations 200-. P.53/2004. Lodged: 6th April 2004.

Finance and Economics Committee.

Draft Stamp Duties and Fees (No.  3) (Jersey) Regulations 200- (P.53/2004): P.53/2004. Amd. amendment.

Lodged: 8th June 2004.

Finance and Economics Committee.

Draft Data Protection (Jersey) Law 200-. P.70/2004. Lodged: 20th April 2004.

Finance and Economics Committee.

Draft Data Protection (Jersey) Law 200- (P.70/2004): amendments. P.70/2004. Amd. Lodged: 11th May 2004.

Deputy J.L. Dorey of St.  Helier.

Arrangement of public business for the next meeting on 6th July 2004

THE STATES rejected a proposition of Senator Stuart Syvret that the proposition of the Finance and Economics Committee concerning the Fiscal Strategy, (P.106/2004 lodged "au Greffe" on 1st June 2004), be not considered on 6th July 2004.

Members present voted as follows –

POUR: 20 CONTRE: 28 ABSTAIN: 0

Senator J.A. Le  Maistre Senator L. Norman Senator S. Syvret Senator F.H. Walker Senator W. Kinnard Senator T.A. Le  Sueur

Senator P.V.F. Le  Claire Senator E.P.   Vibert Senator R.J. Shenton Connétable of St. Martin Connétable of St. Mary Deputy R.C. Duhamel (S) Deputy A. Breckon (S) Deputy J.J. Huet (H) Deputy of St.  John Deputy P.N. Troy (B) Deputy J-A. Bridge (H) Deputy G.P. Southern (H) Deputy J.A. Bernstein (B) Deputy of Grouville Deputy of St.  Peter Deputy J.A. Hilton (H) Deputy G.W.J de Faye (H)

Senator P.F. Routier

Senator M.E.   Vibert

Senator P.F.C. Ozouf 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 St. Lawrence Connétable of Grouville Connétable of St. John

Deputy of Trinity

Deputy of St.  Martin

Deputy T.J. Le  Main (H) Deputy M.F. Dubras (L) Deputy J.L. Dorey (H)

Deputy F.G. Voisin (L)

Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy S.C. Ferguson (B) Deputy of St.  Ouen

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

THE STATES adopted a proposition of Senator Philip Francis Cyril Ozouf that the proposition of the Housing Committee concerning the Sale of Properties, (P.119/2004 lodged "au Greffe" on 22nd June 2004), be not considered on 6th July 2004.

Members present voted as follows –

POUR: 28 CONTRE: 20 ABSTAIN: 0

Senator J.A. Le  Maistre Senator S. Syvret

Senator L. Norman Senator W. Kinnard Senator P.V.F. Le  Claire 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. Mary Connétable of St. Helier

Connétable of Trinity Connétable of St. Lawrence Connétable of St. John Deputy A. Breckon (S) Deputy of St.  Martin Deputy P.N. Troy (B) Deputy F.G. Voisin (L)

Senator F.H. Walker

Senator T.A. Le  Sueur Senator P.F. Routier Connétable of St. Martin Connétable of St. Peter Connétable of St. Clement Connétable of Grouville Deputy of Trinity

Deputy R.C. Duhamel (S) Deputy J.J. Huet (H)

Deputy of St.  John

Deputy T.J. Le Main (H) Deputy M.F. Dubras (L) Deputy J.L. Dorey (H) Deputy R.G. Le Hérissier (S)

Deputy J.B. Fox (H)

Deputy J-A. Bridge (H) Deputy of St.  Ouen

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

Deputy G.P. Southern (H) Deputy J.A. Bernstein (B) Deputy S.C. Ferguson (B) Deputy of Grouville Deputy of St.  Peter Deputy J.A. Hilton (H) Deputy G.W.J de Faye (H)

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 6th July 2004 –

St.  Aubin's Harbour, St.  Brelade: lease of an area of land to Alcora Limited. P.108/2004. Lodged: 1st June 2004.

Deputy of St.  John.

St.  Aubin's Harbour, St.  Brelade: lease of an area of land to Alcora Limited P.108/2004. (P.108/2004) – comments. Com. Presented: 22nd June 2004.

Presented by the Harbours and Airport Committee.

Taxation policies: a transparent enquiry. P.41/2004. Lodged: 9th March 2004.

Senator S. Syvret.

Taxation policies: a transparent enquiry (P.41/2004) – comments. P.41/2004. Com. Presented: 1st June 2004.

Finance and Economics Committee.

Taxation policies: a transparent enquiry (P.41/2004) – comments. P.41/2004. Com. Presented: 8th June 2004. (2) Policy and Resources Committee.

Modernisation of Jersey's Gambling Legislation. P.62/2004. Lodged: 20th April 2004. (re-issue) Economic Development Committee.

Modernisation of Jersey's Gambling Legislation (P.62/2004): amendments. P.62/2004. Amd. Lodged: 22nd June 2004.

Senator E.P.   Vibert .

Modernisation of Jersey's Gambling Legislation (P.62/2004): comments. P.62/2004. Com. Presented: 11th May 2004.

Finance and Economics Committee.

Modernisation of Jersey's Gambling Legislation: gaming devices and P.123/2004. establishment of a Gaming Trust Fund.

Lodged: 22nd June 2004.

Senator E.P.   Vibert .

Draft Transfer of Functions (Environment and Public Services Committee) (Jersey) P.100/2004. Act 200-.

Lodged: 25th May 2004.

Environment and Public Services Committee.

Fiscal Strategy. P.106/2004. Lodged: 1st June 2004.

Finance and Economics Committee.

Fiscal Strategy (P.106/2004) – amendments. P.106/2004. Lodged: 22nd June 2004. Amd. Deputy G.P. Southern of St. Helier.

Draft Sea Fisheries (Minimum Size Limits) (Amendment No.  2) (Jersey) P.113/2004. Regulations 200-.

Lodged: 8th June 2004.

Economic Development Committee.

Shadow Public Accounts Committee: revised membership. P.116/2004. Lodged: 15th June 2004.

Privileges and Procedures Committee.

Commissioners of Appeal for Income Tax: appointment. P.118/2004. Lodged: 22nd June 2004.

Finance and Economics Committee.

Public and political access to economic models. P.121/2004. Lodged: 22nd June 2004.

Senator S. Syvret.

Draft Taxation (Implementation) (Jersey) Law 200-. P.122/2004. Lodged: 22nd June 2004.

Presented by the Policy and Resources Committee.

Employment of public relations consultants – question and answer (Tape No.  926)

Senator Paul Vincent Francis Le Claire tabled the following written question of Senator Frank Harris on Walker , President of the Policy and Resources Committee –

" W  ould the President –

( a ) inform members whether the Committee is still employing public relations consultants and if so, would

he name the companies or individuals so employed by the Committee?

( b ) confirm the fees charged to the Committee by the consultants and the amounts paid to them in the last 12

months?"

The President of the Policy and Resources Committee tabled the following written answer –

" ( a)  Yes; the Policy and Resources Committee is still employing public relations consultants.

A s n o ted in the response to the question in the States from Senator E.P. Vibert on 9th September 2003,

the Committee is currently employing Mrs.  Katie Le  Quesne as a Communications Consultant on contract basis.

T h e C ommittee has also been employing a London based firm, Quiller Consultants' to monitor and

promote Jersey's international finance interests under a long-standing contract arrangement which has been terminated from September 2004.

T h e  Committee  also  employs  Mr.  Philip   Jeune  of PJ  News  and  Publishing' to  co-ordinate  the

publication of the Changing States' newsletter, which is published four or five times a year and is circulated to all States employees.

( b ) The fees charged to the Committee by the consultants for this work in the last 12 months, together with

the amounts paid to them, are as follows –

M r s . K a tie Le Quesne is receiving a fee of£55,000, and there are no further expenses in this

connection.

T h e fe e s c harged by Quiller Consultants are £135,000, with no additional expenses.

T h e f e es paid to PJ News and Publishing amount to £2,096.15 in respect of work carried out on the

last four issues of Changing States.

T h e to tal amount paid for public relations consultants over the last 12 months therefore amounts to

£192,096.15. It should be noted that this amount is expected to decrease very significantly from 2004 onwards with the expiry of the contract with Quiller Consultants."

Employment of public relations consultants – question and answer (Tape No. 926)

Senator Paul Vincent Francis Le  Claire tabled the following written question of Senator Terence Augustine Le  Sueur, President of the Finance and Economics Committee –

" W ould the President –

( a ) inform members whether the Committee is still employing public relations consultants and if so, would

he name the companies or individuals so employed by the Committee?

( b ) confirm the fees charged to the Committee by the consultants and the amounts paid to them in the last 12

months?"

The President of the Finance and Economics Committee tabled the following written answer –

" ( a) Yes; the Finance and Economics Committee is employing the public relations consultants Unlimited Exposure'.

( b ) The fees charged by Unlimited Exposure' in the last 12 months were £5,760, which is the same as the

amount paid to them."

Employment of public relations consultants – question and answer (Tape No. 926)

Senator Paul Vincent Francis Le  Claire tabled the following written question of Deputy Francis Gerald Voisin of St.  Lawrence, President of the Economic Development Committee –

" W ould the President –

( a ) inform members whether the Committee is still employing public relations consultants and if so, would

he name the companies or individuals so employed by the Committee?

( b ) confirm the fees charged to the Committee by the consultants and the amounts paid to them in the last 12

months?"

The President of the Economic Development Committee tabled the following written answer –

" ( a) The Committee employs a number of public relations consultants and agents as detailed below, mainly to promote Jersey as a tourist destination; this is a vital part of the work undertaken by the department,

and is consistent with business practice employed by most marketing organisations who will always bring in

specialist expertise particularly in overseas markets where local knowledge is essential. The Committee does not employ consultants to manage the relationship between itself and the local media.

C  airns and Associates, Promote Jersey Royal potatoes by, for example –

  ru n n ing a proactive press office from January to June;

cr e a ting and issuing fact sheets about the history of the Jersey Royal;

ta r g eting food pages of nationals, regional and consumer magazines with Jersey Royal recipes;

  m o n itoring trade titles and provide information for all relevant features;

ru n n ing a reactive press office from July to November, responding to media enquiries;

co n d ucting all necessary account management for the smooth running of the account; and,

t o en s u r e optimum coverage in 2005 start planning this year as some of the monthly titles have

copy lead times of around a year and there is only have a short period of time when the potatoes are in harvest.

 L  ingo Publication Relations, Lingo PR & Marketing offers a fully operational press office service for

Jersey Tourism. Its principal has worked for the Island since 1997 and she and her team know the Island very well. Lingo offer all assistance in media visits and have a large selection of copy should ready written pieces be required.

À D e u x Comme. In France, À Deux Comme offers a fully operational press office service for Jersey

Tourism. Its principal has specialised in tourism and lifestyle for the past 10 years and offers personal assistance to journalists to suit their requirements, arranging press visits with itineraries to include all useful contacts and appointments specific to their desired subjects. Other services provided to the media include handling general queries, distributing press releases about activities and events on-Island, press packs, arranging press conferences and interviews, attending exhibitions and press functions and managing a video and image library.

E x pert PR and HWM Communications Gmbh in Germany is the representative for Public Relations,

Advertising and Marketing in the German Market and has extensive knowledge about the Island of Jersey, its countryside, history and its fascinating culture. For example Expert PR and HWM assist in organised research trips for journalists and television crews and the dispatch of information, slides and film material.

H o l la n d – BrouwerBetist. The agency has acted as Jersey Tourism's Marketing and PR-representative

in the Netherlands since January 2003. All activities are focused on both Jersey and Guernsey, being positioned as the joint destination Channel Islands' on the Dutch market. Services to the press include: handling of press requests, production and distribution of press releases and bulletins, organisation of press trips, assistance with press workshops and supply of images and videos. The agency can also be contacted for travel trade campaigns, joint promotions, promotional activities and all other options to promote the Channel Islands.

B e l g iu m – Commsultants Benelux, Commsultants has been Jersey Tourism's Market representative

since 1995 and during those years has maintained a direct relationship with the press in both Belgium and Luxembourg. Commsultants supply news about Jersey on a regular basis based upon subjects that come available either from input from Jersey or through its own initiative with subjects particularly interesting to different niche audiences. It manages a hard copy info-centre which allows journalists to browse through and view historic data, current news and expected future highlights. As Jersey Tourism's representative Commsultants participate in activities from partner organizations such as the BTA which in turn increases the number of contacts with the press.

U SA – AMPR. AMPR is Jersey Tourism's Public Relations consultant in North America. AMPR has

offices in New York and Los Angeles and has represented Jersey for six years. AMPR offer a wealth of experience and insight to the media wishing any support from the Island.

S w i t ze rland – CPS Communications. CPS Communications has acted for Jersey Tourism since 1996,

as PR-professionals CPS assist the media to organise individual and group press trips. Through press releases in German and French CPS supplies news about Jersey on a regular basis based upon subjects that become available.

I r el a n d – Project PR. Jersey Tourism has had a Press & Public Information Office serving the Irish

market since 1994. Services provided to the media include: handling general queries, distributing relevant information about activities and events on-Island, organising press visits, managing a video and image library, and arranging support activities such as competitions and promotions.

A d d  en dum Media promote all training programmes and initiatives for the Training and Employment

Partnership.

( b ) The Committee is reluctant to publish details of fees and costs paid to consultants for the following

reasons –

(i ) th e information is commercial, in confidence and might jeopardise the competitive position of the

consultants and the Committee;

(i i) th e release of the information constitutes a breach of confidence because the contracts entered into

between the department and the above consultants were  on the understanding that they would remain confidential; and,

(i ii )  t he release of such information would jeopardise the Committee's competitive position in sourcing fee proposals, especially at this time when some contracts are about to be renewed.

T h e Committee paid a total of £9,000 to Jersey based, and £314,970 to off-Island PR consultants and

agencies over the last 12 months."

Tidal ball, Elizabeth Marina – question and answer (Tape No. 926)

The Deputy of St.  John tabled the following written question of Senator Leonard Norman, President of the Harbours and Airport Committee –

" W ould the President advise members –

( a ) when the tidal ball, at the entrance to Elizabeth Marina, will be operational?

( b ) why the tidal ball has failed regularly since it was installed? and,

( c ) the cost of repairs to date, including the estimated cost for the current repairs?" The President of the Harbours and Airport Committee tabled the following written answer –

" T he Deputy 's question has been forwarded to the Honorary Secretary of the Jersey Sculpture Trust which has ownership and responsibility for the sculpture referred to. When a reply is received a copy will be passed to the Deputy ."

Oral questions (Tape No.  926)

Deputy Roy George Le  Hérissier of St.  Saviour asked the following question of the President of the Environment and Public Services Committee –

" W ould the President confirm whether the statement made by Committee member Deputy de Faye

during the debate on the need for an Inquiry into the Jambart Lane development, namely that in ball

park figures it's going to cost us £100,000, give or take £50,000', represented the Committee's view, and, if so, how this estimate was arrived at?"

Senator Edward Philip   Vibert will asked following question of the President of the Policy and Resources Committee –

" W ould the President advise members whether he told the TGWU, on 24th May 2004, that there would be no redundancies during the five years of the visioning process', and, if so, why the Committee's rapporteur, the following day, told the Assembly that after three years the Parishes would be able to transfer maintenance of parks etc. to private enterprise?"

Senator Edward Philip   Vibert asked following question of the President of the Economic Development Committee –

" I s the Committee aware of any large sums of money being invested in Jersey to escape moves in the U.K. to stop the use of U.K. limited partnerships used by pension funds and insurers to avoid paying stamp duty on property sales, and, if so, whether the Committee will consider closing off this apparent tax avoidance scheme?"

Deputy Roy George Le  Hérissier of St.  Saviour asked the following question of the President of the Health and Social Services Committee –

" W ould the President list, in descending order, the top ten operations subject to the longest waits, giving the average wait and steps contemplated to reduce these waits?"

The Deputy of St.  John asked the following question of the President of the Policy and Resources Committee (in his capacity as Vice-Chairman of the Emergencies Council) –

" (a) With the progressive introduction of centralised warehousing off-Island by local food wholesalers, what is the Emergencies Council's current policy on the provision of emergency food supplies and over what period does this provide for?

( b ) When will a new Emergency Measures Plan be produced and will it be submitted to the States

for consideration?"

Deputy Geoffrey Peter Southern of St.  Helier asked the following question of the President of the Finance and Economics Committee –

" I s the Committee considering taking action to prevent large multi-national companies using off- shore Jersey based companies to avoid the payment of tax in countries where they trade, particularly in developing countries as has recently come to light involving a large coffee trader?"

Change in Presidency

The Bailiff retired from the Chair during oral questions and the meeting continued under the presidency of Mr.  Michael Nelson de la Haye, Greffier of the States.

Jersey Competition Regulatory Authority – statement

Deputy Francis Gerald Voisin of St.  Lawrence, President of the Economic Development Committee made a statement in the following terms –

" T he Economic Development Committee has considered the appointment of the Chairman of the Jersey

Competition Regulatory Authority (JCRA) for some months. In considering this appointment the Committee

consulted with the Appointments Commission as it is required to do and the Commission agreed that the existing Chairman could be reappointed without advertising the post if we were satisfied with his performance.

A proposition to reappoint the Chairman of the JCRA, P.63/2004 was lodged on 20th April 2004, and it was

intended to debate this proposition before the term of office expired on 16th May 2004.

I n 2003, the Economic Development Committee asked the Internal Audit department to carry out an Audit of

the JCRA and at the end of April 2004 we received a draft report, which revealed significant weaknesses in the governance of the JCRA. Several weeks were allowed for the Authority to respond to this draft report but the final Internal Audit report still identified significant weaknesses.

T h e Economic Development Committee has now decided to withdraw the report and proposition and will not

be proposing the re-appointment of the former Chairman whose contract has now expired.

F urthermore, I have involved the Chairmen of the Shadow Public Accounts Committee, who will be

proposing to issue two reports, one into the issues raised by the internal Audit Report relating to the JCRA and  a  second  relating  to  corporate governance  and  value  for  money  issues  where  the  States  establish independent organisations similar to the JCRA.

A  s a result of withdrawing P.63/2004, the JCRA is without a Chairman, but the Committee has been advised

that this does not affect the operation of the Authority.

H  owever, as members will be aware, the Economic Development Committee is currently recruiting a new

member  of  the  Authority  to  be  Executive  Director  and  two  other  new  members  to  be  non  Executive Directors. Before they are appointed, and hopefully in July 2004, the Economic Development Committee will be recommending to the States the name of a person to be appointed as Chairman in accordance with the 2001 Law."

Draft Aerodromes (Amendment No.  6) (Jersey) Regulations 200- P.91/2004

THE STATES, in pursuance of Article 4 of the Aerodromes (Administration) (Jersey) Law 1952, made Regulations entitled the Aerodromes (Amendment No.  6) (Jersey) Regulations 2004.

Lord Coutanche Court, Seaton Place, St. Helier: Seaton Lane – proposed sale – P.93/2004 Comments

THE STATES, adopting a proposition of the Housing Committee –

( a ) approved the sale of the road known as Seaton Lane, Seaton Place, St.  Helier as shown on Drawing

No.  991/03/67 to Spectrum (Jersey) Limited for a sum of£6,000 with each party responsible for its respective legal costs;

( b ) agreed that Spectrum (Jersey) Limited would pay compensation to the public in the sum of £10,000

following the relocation of the Town Brook and adjacent wall at the rear of Lord Coutanche Court;

( c ) authorised the Greffier of the States to sign the said drawing on behalf of the States, and the Attorney

General and the Greffier of the States to pass, on behalf of the public, any such contracts as may be necessary; and,

( d ) authorised the Treasurer of the States to receive any payment to the public as it becomes due.

Licensing Law: purchase of alcohol for persons under 18 – P.95/2004 Comments

THE STATES commenced consideration of a proposition of the Deputy of St. Martin concerning the Licensing Law: purchase of alcohol for persons under 18, (P.95/2004 lodged "au Greffe" on 18th May 2004), and adopted a proposition of Senator Michael Edward Vibert that the States, in pursuance of Standing Order 27(1), move to the consideration of the next item on the Order Paper.

Members present voted as follows –

POUR: 31 CONTRE: 18 ABSTAIN: 0

Senator L. Norman

Senator F.H. Walker

Senator T.A. Le  Sueur

Senator P.F. Routier

Senator M.E.   Vibert

Senator P.F.C. Ozouf

Senator E.P.   Vibert Connétable of St. Martin Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Mary Connétable of Trinity Connétable of St. Lawrence Connétable of Grouville Connétable of St. John

Deputy R.C. Duhamel (S) Deputy J.J. Huet (H)

Deputy of St.  John

Deputy T.J. Le Main (H) Deputy M.F. Dubras (L) Deputy C.J. Scott - Warr en (S) Deputy R.G. Le Hérissier (S) Deputy J-A. Bridge (H)

Deputy J.A. Bernstein (B) Deputy of St.  Ouen

Deputy M.A. Taylor (C) Deputy of Grouville

Deputy of St.  Peter

Deputy J.A. Hilton (H)

Deputy G.W.J de Faye (H)

Senator J.A. Le  Maistre Senator S. Syvret

Senator W. Kinnard Senator P.V.F. Le  Claire Senator R.J. Shenton Connétable of St. Clement Connétable of St. Helier Deputy A. Breckon (S) Deputy of St.  Martin Deputy J.L. Dorey (H) Deputy P.N. Troy (B) Deputy F.G. Voisin (L) Deputy L.J. Farnham (S) Deputy J.B. Fox (H) Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy S.C. Ferguson (B) Deputy P.J.D. Ryan (H)

THE STATES further agreed that the proposition should be referred to the Home Affairs Committee and the Comité des Connétable s, and re-referred to the Economic Development Committee.

Model Agreements on taxation of savings income – P.97-2004

THE STATES, adopting a proposition of the Policy and Resources Committee –

( a ) approved the 2 Model Agreements, as set out in the Appendix to the report of the Policy and Resources

Committee dated 14th May 2004, as the basis for bilateral agreements on taxation of savings income to be entered into with each of the 25 Member States of the European Union;

( b ) authorised the President of the Policy and Resources Committee to sign these bilateral agreements or any

documents ancillary thereto on behalf of the Island; and

( c ) charged the Policy and Resources Committee to prepare the necessary legislative changes to enable the

implementation of these Agreements for consideration by the States.

Members present voted as follows –

POUR: 49 CONTRE: 0 ABSTAIN: 0

Senator J.A. Le  Maistre Senator L. Norman

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. Martin Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Brelade 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 J.J. Huet (H)

Deputy of St.  Martin

Deputy of St.  John

Deputy T.J. Le  Main (H) Deputy M.F. Dubras (L) Deputy J.L. Dorey (H)

Deputy P.N. Troy (B)

Deputy F.G. Voisin (L)

Deputy C.J. Scott - Warr en (S) Deputy R.G. Le Hérissier (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 S.C. Ferguson (B) 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 G.W.J de Faye (H)

Jersey Airport, St. Peter: Alpha Taxiway – transfer of administration – P.101/2004 THE STATES, adopting a proposition of the Environment and Public Services Committee –

( a ) authorised, for the purpose of administration of land following the construction of Alpha Taxiway,

Jersey Airport as shown cross-hatched on Drawing No. 674_LAND 4(3), the transfer from th Environment and Public Services Committee to the Harbours and Airport Committee, as follows –

(i ) t h e land occupied by the airport aeration pond and reed bed located to the south of L'Avenue de la

Reine Elizabeth II;

( ii ) th e land to the north of the relocated L'Avenue de la Reine Elizabeth II where the road was

formally located;

( ii i) t he land to the west of the airport roundabout and L'Avenue de la Commune where the road

previously was located;

( b ) authorised the Greffier of the States to sign the said drawing on behalf of the States.

Jersey Airport, St. Peter: Alpha Taxiway – transfer of administration – P.102/2004 THE STATES, adopting a proposition of the Harbours and Airport Committee –

(a )  authorised the transfer of administration of land in connection with the realignment of the Alpha

Taxiway, Jersey Airport as shown shaded on drawing No.  674_LAND  4(2) from the Harbours and Airport Committee to the Environment and Public Services Committee, as follows –

(i ) t h e area to the road side face of the low level post and rail fence to include the cycle track running

along the south perimeter of Jersey Airport, to the north of L'Avenue de la Reine Elizabeth II and adjacent to the Aero Club premises;

(i i) th e area to the road side face of the low level post and rail fence to include the cycle track running

along the south east perimeter of Jersey Airport, north west of the airport approach road;

(i ii )  t he area to the road side face of the low level post and rail fence to include the cycle track running

along the east perimeter of Jersey Airport, to the east of L'Avenue de la Commune, between the Air Cargo terminal and the airport roundabout;

(i v )  t he land occupied by the re-located L'Avenue de la Reine Elizabeth II and associated banks where

the road has been realigned to join with the repositioned airport roundabout;

( b ) authorised the Greffier of the States to sign the said drawing on behalf of the States. States Members' Remuneration Review Body: appointment of members – P.105/2004

THE STATES, adopting a proposition of the Privileges and Procedures Committee, referred to their Act dated 13th May 2003, in which they agreed that an independent States Members' Remuneration Review Body comprising persons who were not members of the States should be established, and to their Act dated 25th November 2003, in which they approved detailed terms of reference for the Body, and –

( a ) appointed the following 5 persons as members of the Body for an initial period of 2 years, and varied

their Act dated 13th May 2003, in which they agreed that the Body should consist of a Chairman and only 3 members –

M r .  Julian Rogers (Chairman);

M r .  Philip Barber (Vice Chairman); M r .  Matthew Braid;

M r .  Brian Bullock;

M r .  Robert Gaiger;

( b ) agreed that the Body should present its recommendations on the appropriate level of remuneration for

elected members for the year 2005 to the Privileges and Procedures Committee no later than 31st October 2004, and varied the Act dated 25th November 2003, accordingly.