States Minutes 9th March 2004

THE STATES assembled on Tuesday, 9th March 2004 at 9.30 a.m. under the Presidency of the Bailiff ,

Sir Philip Bailhache .

All members were present with the exception of –

J a cqueline Jeannette Huet, Deputy of St.  Helier – out of the Island.

Prayers

Meeting on 30th March 2004 – request by Jersey Heritage Trust to film

THE STATES agreed to a request by the Jersey Heritage Trust to film the opening procession and prayers of the meeting to be held on 30th March 2004, for the purpose of contributing to the production of a film to accompany the 1204-2004 celebrations.

Subordinate legislation tabled

The following enactments was laid before the States, namely –

Community Provisions (Restrictive measures in respect of Sudan) (Jersey) Order R&O 13/2004. 2004.

Housing Committee – appointment of member

THE STATES appointed the Connétable of St.  Peter as a member of the Housing Committee.

Matters presented

The following matters were presented to the States –

States of Jersey Law 1966, as amended: delegation of functions – Environment R.C.9/2004. Department.

Presented by the Economic Development Committee.

Public Lotteries: report for 2003. R.C.10/2004. Presented by the Economic Development Committee.

Public and private sector construction workflow projections. R.C.11/2004. Presented by the Economic Development Committee.

Draft  Animal  Welfare  (Jersey)  Law  200- (P.126/2003):  amendments P.126/2003. (P.126/2003  Amd.) – comments. Amd.Com.(2) Economic Development Committee.

Bus Service tendering process: Committee of Inquiry (P.31/2004) – comments. P.31/2004. Presented by the Finance and Economics Committee. Com. Committee of Inquiry: construction of 76 houses at Jambart Lane, St.  Clement; and P.33/2004. public consultation procedures (P.33/2004) – comments. Com. Presented by the Finance and Economics 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 1st March 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  renewal  of  the  lease  from

Mr.  Edward  Gordon  Weekes  of  the  three-bedroom  (j)  category  property  known  as  16  Magnolia Gardens, La Route de St.  Aubin, St.  Lawrence, required to accommodate Locum Consultants and thei families,  for  a  period  of  one  year  from  1st  February  2004,  at  a  reduced  annual  rent  of £17,000 (representing a rate of £326.92 a week), on the same terms and conditions as contained in the existing lease, and with each party to be responsible for its own legal fees arising from the transaction;

 ( b ) as recommended by the Environment and Public Services Committee, the renewal of the lease to

Mrs.  Julia Helen Roff, née Crewdson of the property known as St.  Aubin's Café, La Neuve Route, St.  Brelade, for a period of nine years deemed to have commenced on 1st January 2002, at an annual rent of £6,000 with a rent review in the third and sixth year of the lease, on the same terms and conditions as contained in the existing lease, and with each party to be responsible for its own legal fees arising from the transaction; and,

( c ) as recommended by the Environment and Public Services Committee, the assignment of the lease of

Colleens Café, Greve de Lecq, St.  Ouen from Mrs. Gillian Geraldine Hidrio, née Carré, to Mr.  John William Eagle and Mrs.  Viviane Christine Eagle, née Le  Tiec (to trade as Starfish Limited), from a dat to be agreed between the parties, on the same terms and conditions as contained in the existing lease, and with each party to be responsible for its own legal fees arising from the transaction.

Matters lodged

The following matters were lodged "au Greffe" –

Draft Competition (Jersey) Law 200-. P.37/2004. Presented by the Economic Development Committee. (re-issue)

Jersey Financial Services Commission: appointment of Commissioners. P.38/2004. Presented by the Economic Development Committee.

Draft Extradition (Jersey) Law 200-. P.39/2004. Presented by the Policy and Resources Committee.

Machinery of Government: relationship between the Parishes and the Executive. P.40/2004. Presented by the Policy and Resources Committee.

Taxation policies: a transparent enquiry. P.41/2004. Presented by Senator S. Syvret and referred to the Policy and Resources and

Finance and Economics Committees.

Arrangement of public business for the next meeting on 16th March 2004

THE STATES confirmed that the following matter lodged "au Greffe" would be considered at the next meeting on 16th March 2004, in addition to the matters agreed on 2nd March 2004 –

Draft Terms of Employment (Jersey) Regulations 200-. P.36/2004. Lodged: 2nd March 2004.

Employment and Social Security Committee.

Draft European Communities (Treaty of Athens) (Jersey) Regulations 200- P.7/2004

THE STATES, in pursuance of Article  1 of the European Communities (Jersey) Law 1973, made Regulations entitled the European Communities (Treaty of Athens) (Jersey) Regulations 2004.

Le  Squez and part of Le  Marais Estate, St.  Clement: redevelopmen–t P.19/2004 Comments – P.19/2004 comments

THE STATES commenced consideration of a proposition of the Housing Committee concerning the redevelopment of Le Squez and part of Le Marais Estate, St. Clement, and, after discussion, Deputy Ala Breckon of St. Saviour sought leave to propose that the matter be referred back to the Committee. The Bailiff ruled that, in accordance with Standing Order 26(1), the effect of such a proposition would be to negative the question and it was therefore disallowed.

THE STATES, adopting a proposition of the Housing Committee –

( a ) authorised the sale to Housing Committee tenants of certain properties at –

(i ) L e  Squez Estate, St.  Clement within the area identified in hatching on Drawing No.  3; and, (i i) L e  Marais Estate, St.  Clement within the area identified in hatching on Drawing No.  4;

a t p ri c es to be agreed with the Finance and Economics Committee, and with the resultant income to be

utilised in the redevelopment programme for both estates;

( b ) (i) a u thorised the Greffier of the States to sign the said drawings on behalf of the States; and,

(i i) a uthorised the Attorney General and the Greffier of the States to pass on behalf of the Public any

contract that might be necessary to pass in connection with the sale of certain properties referred to in paragraph  (a) above.

( c ) authorised the Treasurer of the States to receive these payments as they became due. Members present voted as follows –

"Pour" (37)

Senators

Le  Maistre, Norman, Walker , Le  Sueur, Routier, M.   Vibert , Ozouf , E.   Vibert . Connétable s

St.  Martin, St.  Ouen, St.  Saviour, St.  Brelade, St.  Peter, St.  Clement, St.  Helier, Trinity , St.  Lawre Grouville , St.  John.

Trinity , St. John, Le Main(H), Dubras(L), Baudains(C), Dorey(H), Voisin(L), Farnham (S), Fox(H) Bridge(H), Bernstein(B), Ferguson(B), St. Mary, Ryan(H), Taylor (C), Grouville , St. Peter, Hilton(H).

"Contre" (12)

Senators

Syvret, Le  Claire. Connétable

St.  Mary.

Deputies

Duhamel(S), Breckon(S), St.  Martin, Troy (B), Scott   Warr en(S), Le  Hérissier(S), Martin(H), Southern (H De  Faye(H).

Fairtrade Island – P.20/2004 Comments – P.20/2004 comments

THE STATES, adopting a proposition of Senator Jean Amy Le  Maistre –

( a ) supported all possible initiatives to enable the Island to be recognised by the Fairtrade Foundation as a

Fairtrade Island and, in particular, agreed that –

( i) F a irtrade coffee and tea should be served at meetings of the States and of Committees of the

States;

(i i) th e States should promote awareness of Fairtrade on a regular basis on the States of Jersey website

and in publications produced, or sponsored, by the States, where appropriate;

( ii i) t he Environment and Public Services Committee be requested, in partnership with the Jersey Fairtrade Island group, to ensure continued commitment to the Fairtrade initiative;

(i v )  s treet signs should be erected declaring Jersey as a Fairtrade Island if this status was obtained; and,

( b ) requested all Committees and Departments of the States to take all appropriate steps to support Fairtrade

products in their purchasing policies.

Members present voted as follows –

"Pour" (46)

Senators

Le  Maistre, Syvret, Norman, Kinnard, Le  Sueur, Le  Claire, Routier, M.   Vibert , Ozouf , E.   Vibert . Connétable s

St. Martin, St. Ouen, St. Saviour, St. Brelade, St. Mary, St. Peter, St. Clement, St. Helier, Tri St. Lawrence, Grouville , St. John.

Deputies

Trinity , Duhamel(S), Breckon(S), St.  Martin, St.  John, Le  Main(H), Dubras(L), Baudains(C), Dorey(H

Troy (B), Scott   Warr en(S), Le  Hérissier(S), Fox(H), Bridge(H), Martin(H), Southern (H), Bernstein(B) St.  Mary, St.  Ouen, Ryan(H), Taylor (C), Grouville , St. Peter, Hilton(H).

"Contre" (2)

Deputies

Ferguson(B), De  Faye(H). Change in Presidency

The Bailiff retired from the Chamber during the consideration of the proposition of Senator Jean Amy Le Maistre concerning Fairtrade Island and the meeting continued under the Presidency of the Deputy Bailiff , Mr.  Michael Cameron St.  John Birt.

Draft Health Insurance (Medical Benefit) (Amendment No.  58) (Jersey) Regulations 200- P.29/2004 Comments – P.29/2004 comments

THE STATES, in pursuance of Articles 18 and 46 of the Health Insurance (Jersey) Law 1967, made Regulations entitled Health Insurance (Medical Benefit) (Amendment No. 58) (Jersey) Regulations 2004.

Le Coin Flats, Ann Street, St. Helier: sale to the Jersey Homes Trust– P.27/2004 THE STATES, adopting a proposition of the Housing Committee –

( a ) approved the sale of Le  Coin Flats, Ann Street, St.  Helier to the Jersey Homes Trust for the nominal sum

of £10, and otherwise on such terms and conditions as might be agreed by the Finance and Economics Committee, for the redevelopment of 7 x one-bedroomed, 14 x 2-bedroomed and 2 x 3-bedroomed flats, with associated parking and amenity facilities; and,

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

of the Public of the Island.

Members present voted as follows –

"Pour" (34)

Senators

Le  Maistre, Norman, Walker , Le  Claire, Routier, M.   Vibert , Ozouf , E.   Vibert . Connétable s

St. Martin, St. Ouen, St. Saviour, St. Brelade, St. Mary, St. Peter, St. Clement, St. Helier, Tri St. Lawrence, Grouville , St. John.

Deputies

Trinity , St.  John, Le Main(H), Dubras(L), Baudains(C), Dorey(H), Troy (B), Fox(H), Bridge(H), Ferguson (B), St.  Ouen, Ryan(H), Taylor (C), St.  Peter.

"Contre" (10)

Senators

Syvret, Kinnard.

Duhamel(S), Breckon(S), St.  Martin, Scott   Warr en(S), Le  Hérissier(S), Martin(H), Southern (H), De  Fa (H).

Changes in Presidency

The Bailiff returned to the Chamber during consideration of the proposition of the Housing Committee concerning the sale of Le Coin Flats, Anne Street, St. Helier to the Jersey Homes Trust, and the meeting continued under his presidency.

Draft Customs and Excise (Amendment No.  2) (Jersey) Law 200- P .10/2004

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Customs and Excise (Amendment No. 2) (Jersey) Law 200-.

Bus Service tendering process: Committee of Inquiry – P.31/2004

THE STATES, adopting a proposition of the Policy and Resources Committee referred to their Act dated 31st July 2001, in which they approved the Bus Strategy (P.104/2001), as amended, and –

( a ) in accordance with Article  36B of the States of Jersey Law 1966, as amended, approved the appointment

of a Committee of Inquiry to investigate fully the relevant circumstances surrounding the tender process and the award of the contract for the provision of a bus service in Jersey, and report its findings to the States; and,

(b ) charged the Policy and Resources Committee to recommend to the States the constitution of the

Committee of Inquiry, together with terms of reference.

Members present voted as follows –

"Pour" (37)

Senators

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

St. Martin, St. Ouen, St. Saviour, St. Brelade, St. Mary, St. Peter, St. Clement, St. Helier, Tri St. Lawrence, Grouville , St. John.

Deputies

Duhamel(S), Breckon(S), Dubras(L), Dorey(H), Troy (B), Scott Warr en(S), Le Hérissier(S), Fox(H) Bridge(H), Martin(H), Southern (H), Ferguson(B), St. Ouen, Ryan(H), Taylor (C), St. Peter, Hilton(H) De Faye(H).

Jersey Dental Scheme: appointment of Chairman – P.32/2004

THE STATES, adopting a proposition of the Employment and Social Security Committee, and in accordance with Article 5 of the Act of the States of 18th June 1991 establishing a scheme to subsidise certain dental care, appointed Mr. Michael John Touzel as Chairman of the Board of Management, for a period not exceeding 3 year with effect from 1st April 2004.

Rent Control Tribunal: appointment of members – P.35/2004

THE STATES, adopting a proposition of the Housing Committee, in pursuance of Article 3(1) of the Dwelling Houses (Rent Control) (Jersey) Law 1946, as amended, re-appointed the following persons to act as Chairman and Members of the Rent Control Tribunal for the period ending on 12th April 2005, namely –

M r .  Terence Lavery – Chairman M r s . Mary Margaret Gaiger

M r .  Ronald Peter Welling

M r .  Christopher John Sheehan.

THE STATES rose at 5.30 p.m.

M.N. DE LA HAYE Greffier of the States.