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THE STATES assembled on Wednesday, 13th July 2005, 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 –
S enat or Michael Edward Vibert – out of the Island
S enat or Edward Philip Vibert – ill
S enat or Richard Joseph Shenton – ill
A l an Breckon, Deputy of St. Saviour – ill
Maur ice François Dubras, Deputy of St. Lawrence – out of the Island.
Prayers read by the Deputy Greffier of the States.
Deputy John Gollop, States of Guernsey – welcome
THE STATES welcomed Deputy John Gollop, States of Guernsey, to the Chamber, who was visiting the Island.
Arrangement of public business for the next meeting on 19th July 2005
THE STATES confirmed that the following matter lodged "au Greffe" would be considered at the next meeting on 19th July 2005 –
Field 571, La Rue du Puits Mahaut, Grouville : petition. P.147/2005 Lodged : 12th July 2005.
Deputy of Grouville .
Solid Waste Strategy – P.95/2005 Amendments and comments
THE STATES resumed consideration of the amendments of Deputy Robert Charles Duhamel of St. Saviour to a proposition of the Environment and Public Services Committee concerning a Solid Waste Strategy, and, following consideration, adopted, in paragraph (1) of the amendments, that inparagraph (a)(i), after the words "be charged", the subsequent words be renumbered as new sub-paragraph (A) and in that new sub-paragraph there be deleted the words "PET" and "and to achieve the recycling aims stated in the report".
Members present voted as follows –
POUR: 48 CONTRE: 0 ABSTAIN: 0
Senator J.A. Le Maistre Senator S. Syvret
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 P.F.C. Ozouf 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 J.J. Huet (H)
Deputy of St. Martin
Deputy of St. John
Deputy T.J. Le Main (H) Deputy G.C.L. Baudains (C) Deputy J.L. Dorey (H)
Deputy P.N. Troy (B)
Deputy F.G. Voisin (L)
Deputy C.J. Scott Warr en (S) Deputy L.J. Farnham (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. 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 G.W.J. de Faye (H)
THE STATES adopted, in paragraph (1) of the amendments of Deputy Robert Charles Duhamel of St. Saviour that after the new sub-paragraph (A) above, there be inserted the following new sub-paragraph in paragraph (a) (i) –
" ( B) t o investigate the commercial opportunities afforded by European and international recycling companies in tendering for the construction and/or operation of the recycling centre as set out in sub-paragraph (A) above;"
Members present voted as follows –
POUR: 48 CONTRE: 0 ABSTAIN: 0
Senator J.A. Le Maistre Senator S. Syvret 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 P.F.C. Ozouf 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 J.J. Huet (H)
Deputy of St. Martin
Deputy of St. John
Deputy T.J. Le Main (H) Deputy G.C.L. Baudains (C) Deputy J.L. Dorey (H)
Deputy P.N. Troy (B)
Deputy F.G. Voisin (L)
Deputy C.J. Scott Warr en (S) Deputy L.J. Farnham (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. 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 G.W.J. de Faye (H)
THE STATES rejected, in paragraph (1) of the amendments of Deputy Robert Charles Duhamel of St. Saviour that after the new sub-paragraph (B) above, there be inserted the following new sub-paragraph in paragraph (a) (i) –
" ( C) to instigate recycling schemes and systems in order to put Jersey in the top 5% of worldwide best practice in respect of the composting and recycling of "non inert" solid waste over the lifetime of the strategy and to set baseline recycling targets for specific commodities as set out in the report of Deputy R.C. Duhamel of St. Saviour dated 21st June 2005, and to keep such targets under active review;"
Members present voted as follows –
POUR: 21 CONTRE: 27 ABSTAIN: 0
Senator J.A. Le Maistre Senator F.H. Walker Senator S. Syvret Senator T.A. Le Sueur Senator L. Norman Senator P.F. Routier Senator W. Kinnard Senator P.F.C. Ozouf Senator P.V.F. Le Claire Connétable of St. Martin Connétable of St. Mary Connétable of St. Ouen Deputy R.C. Duhamel (S) Connétable of St. Saviour Deputy of St. Martin Connétable of St. Brelade
Deputy of St. John
Deputy G.C.L. Baudains (C) Deputy P.N. Troy (B)
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 of Grouville
Deputy of St. Peter
Deputy J.A. Hilton (H)
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 J.J. Huet (H) Deputy T.J. Le Main (H) Deputy J.L. Dorey (H) Deputy F.G. Voisin (L) Deputy L.J. Farnham (S) 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 G.W.J. de Faye (H)
THE STATES adopted, in paragraph (1) of the amendments of Deputy Robert Charles Duhamel of St. Saviour that after the new sub-paragraph (C) above, there be inserted the following new sub-paragraph in paragraph (a) (i) –
" ( D) to take active steps to promote waste minimisation and recycling throughout the community and to encourage all States Departments to lead by example."
Members present voted as follows –
POUR: 48 CONTRE: 0 ABSTAIN: 0
Senator J.A. Le Maistre Senator S. Syvret
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 P.F.C. Ozouf 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 J.J. Huet (H) Deputy of St. Martin Deputy of St. John
Deputy T.J. Le Main (H) Deputy G.C.L. Baudains (C) Deputy J.L. Dorey (H) Deputy P.N. Troy (B)
Deputy F.G. Voisin (L)
Deputy C.J. Scott Warr en (S) Deputy L.J. Farnham (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. 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 G.W.J. de Faye (H)
THE STATES rejected paragraph (2) of the amendments of Deputy Robert Charles Duhamel of St. Saviour that in paragraph (a)(ii), for the words"composting facility for recycling of garden and green waste, by 2007" there be substituted the words "facility or facilities for recycling garden waste, green waste and household kitchen waste to form compost or soil improvers, which can be applied to the land or exported, before the end of 2006".
Members present voted as follows –
POUR: 12 CONTRE: 36 ABSTAIN: 0
Senator J.A. Le Maistre Senator P.V.F. Le Claire Connétable of St. Mary Deputy R.C. Duhamel (S) Deputy of St. Martin Deputy of St. John
Deputy G.C.L. Baudains (C) Deputy P.N. Troy (B) Deputy J-A. Bridge (H) Deputy G.P. Southern (H) Deputy J.A. Bernstein (B) Deputy of St. Peter
Senator S. Syvret
Senator L. Norman
Senator F.H. Walker
Senator W. Kinnard
Senator T.A. Le Sueur
Senator P.F. Routier
Senator P.F.C. Ozouf Connétable of St. Martin 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 J.J. Huet (H)
Deputy T.J. Le Main (H) Deputy J.L. Dorey (H)
Deputy F.G. Voisin (L) Deputy C.J. Scott Warr en (S)
Deputy L.J. Farnham (S) Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (B)
Deputy J.A. Martin (H) 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 J.A. Hilton (H) Deputy G.W.J. de Faye (H)
THE STATES rejected paragraph (3) of the amendments of Deputy Robert Charles Duhamel of St. Saviour that in paragraph (a)(iii), for the words "a pilot scheme for a coordinated collection system for recyclables (including paper, aluminium, glass and PET plastics)", there be substituted the words "a kerbside collection scheme which is capable of collecting segregated biodegradable material and dry recyclates separately by the end of 2006 with any additional or one-off costs arising from this scheme to be borne by the States of Jersey".
Members present voted as follows –
POUR: 16 CONTRE: 32 ABSTAIN: 0
Senator J.A. Le Maistre Senator P.V.F. Le Claire Deputy R.C. Duhamel (S) Deputy of St. Martin
Deputy of St. John
Deputy G.C.L. Baudains (C) Deputy P.N. Troy (B)
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 of Grouville
Deputy of St. Peter
Senator S. Syvret
Senator L. Norman
Senator F.H. Walker Senator W. Kinnard
Senator T.A. Le Sueur Senator P.F. Routier Senator P.F.C. Ozouf 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 J.J. Huet (H) Deputy T.J. Le Main (H) Deputy J.L. Dorey (H) Deputy F.G. Voisin (L) Deputy L.J. Farnham (S) 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 J.A. Hilton (H) Deputy G.W.J. de Faye (H)
THE STATES commenced consideration of an amendment of the Connétable of St. Ouen that at the end of paragraph (a)(iii), there be added the words"but that kerbside collections should only be introduced if the bring bank' system is not successful in increasing recycling". After discussion, the amendment was lodged "au Greffe" by the Deputy of St. John.
THE STATES commenced consideration of an amendment, as amended, of Deputy Robert Charles Duhamel of St. Saviour, that in paragraph (a)(v), for the words "to implement the replacement of the Bellozanne incinerator with a modern Energy from Waste facility, subject to an environmental and health impact assessment and planning approval, to enable it to be commissioned in 2009, and procured according to section 5.4 of the attached report", there be substituted the words, "to investigate fully alternative and conventional technologies to provide the final disposal route for the residual waste remaining following the implementation of the systems and facilities as set out in paragraphs (a)(i)(A), (a)(ii) and (a)(iii) above, and to recommend a preferred solution for a replacement of the Bellozanne incinerator to the States with an accompanying cost/benefit analysis, environmental and health impact assessment no later than December 2008", and the President of the Environment and Public Services Committee made a statement concerning the amendment in the following terms –
" T his debate has shown that Members are rightly concerned to fully understand the details and to ensure that it is the States who take the final decision. I agree wholeheartedly with that and that was always the intention.
B e cause of that the amendment and our original proposition both mean the same and achieve what the
States want.
D e puty Duhamel's report makes a correct and also incorrect statement:
T he i ncorrect statement is to suggest that our proposition would result in a decision without further
reference to the States. Not true; we would always have taken the final tendered proposal to the States and we would have done so with a full analysis of the 50 alternative solutions that we have already evaluated.
T he co rrect statement is that the amendment seeks not to delay a decision. The Island cannot suffer any
delay with the possibility of having no waste disposal facility.
T her efore, given these comments it is clear to me that our position and the amendment have exactly the
same result. The Committee therefore intends to proceed on the following basis –
(a ) it will undertake a full and open tender process in line with the OJEC requirements. Let me be
clear that a tender process does not commit the States to accepting the final tender, that will be a States decision;
(b ) al ongside the tender process it will prepare a full detailed report of the 50 alternatives that we
have already evaluated plus any other technologies which arise during the period;
(c ) it will bring an analysis of the preferred supplier from the tender process, together with the full
evaluation of the alternatives to the States;
(d ) t he States will make the final decision on how to proceed in the light of all the information
required in the amendment.
On the basis that the States fully accept the way that the Committee intends to proceed, the Committee is happy to accept the amendment."
THE STATES, following consideration, adopted the amendment of Deputy Robert Charles Duhamel of St. Saviour.
Members present voted as follows –
POUR: 45 CONTRE: 0 ABSTAIN: 0
Senator J.A. Le Maistre Senator S. Syvret 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 P.F.C. Ozouf Connétable of St. Martin
Deputy of Trinity
Deputy R.C. Duhamel (S) Deputy of St. Martin
Deputy of St. John
Deputy T.J. Le Main (H) Deputy G.C.L. Baudains (C) Deputy J.L. Dorey (H)
Deputy P.N. Troy (B)
Deputy C.J. Scott Warr en (S) Deputy L.J. Farnham (S) Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)
Deputy J-A. Bridge (H)
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 Grouville
Deputy of St. Peter
Deputy J.A. Hilton (H)
Deputy G.W.J. de Faye (H)
THE STATES adopted an amendment of Deputy Robert Charles Duhamel of St. Saviour that in paragraph (a) (vi), for the words "keep under review the option of a joint Channel Islands waste facility, located in Jersey, in conjunction with the States of Guernsey, subject to the approval by the States of any such proposals" there be substituted the words "take active steps to seek co-operation from the States of Guernsey on any measures from which joint benefit, financial or otherwise, can be derived in any area of waste management, and to report to the States thereon at regular intervals".
Members present voted as follows –
POUR: 45 CONTRE: 0 ABSTAIN: 0
Senator J.A. Le Maistre Senator S. Syvret
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 P.F.C. Ozouf Connétable of St. Martin 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 R.C. Duhamel (S) Deputy of St. Martin
Deputy of St. John
Deputy T.J. Le Main (H) Deputy G.C.L. Baudains (C) Deputy J.L. Dorey (H)
Deputy P.N. Troy (B)
Deputy C.J. Scott Warr en (S) Deputy L.J. Farnham (S) Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)
Deputy J-A. Bridge (H)
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 Grouville
Deputy of St. Peter
Deputy J.A. Hilton (H)
Deputy G.W.J. de Faye (H)
THE STATES commenced consideration of amendments, as amended, of Deputy John Benjamin Fox of St. Helier that –
( 1 ) in paragraph (a)(v), after the words"replacement of the Bellozanne incinerator to the States", there
be inserted the words "to be located at La Collette, St. Helier"; and,
( 2 ) at the end of paragraph (a)(v), after the words"December 2008" there be inserted the words "and to
agree that until the commissioning of the new Plant, the Committee should, through the Health Protection Unit of the Health and Social Services Committee, introduce with immediate effect a screen testing programme on volunteer residents within the emissions zone of the current Plant, similar to the screen testing that is currently carried out on staff at the Plant".
THE STATES, after consideration, granted leave to Deputy John Benjamin Fox of St. Helier to withdraw the amendments, as amended.
THE STATES, adopting a proposition, as amended, of the Environment and Public Services Committee, referred to their Act dated 29th June 2004, in which they approved the States Strategic Plan 2005 to 2010 and agreed, inter alia, that the States would introduce a comprehensive liquid and solid waste policy, and,
( a ) approved a new strategy for the prevention, minimisation, recycling/composting and disposal of, and
energy recovery from, the Island's solid waste, as laid out in the report of the Environment and Public Services Committee dated 10th May 2005, and to agree –
(i ) t hat the Environment and Public Services Committee be charged –
(A ) to pr o vide a recycling centre for the reception and recycling of paper, aluminium, glass
and plastic and other materials, before the end of 2006; and,
( B ) t o inves tigate the commercial opportunities afforded by European and international
recycling companies in tendering for the construction and/or operation of the recycling centre as set out in sub-paragraph (A) above; and,
( C ) t o take active steps to promote waste minimisation and recycling throughout the
community and to encourage all States Departments to lead by example.
(i i) that the Committee be charged to provide a modern composting facility for recycling of garden
and green waste, by 2007;
(i ii ) t hat the Connétable s be charged to work with the Committee to introduce a pilot scheme for a
coordinated collection system for recyclables (including paper, aluminium, glass and PET plastics);
( iv ) t hat the Committee be charged to work with the Parish of St. Helier to undertake further
research and bring forward for consideration proposals for the resolution of the present covenant on the Bellozanne site;
(v ) t hat the Committee be charged to investigate fully alternative and conventional technologies to
provide the final disposal route for the residual waste remaining following the implementation of the systems and facilities as set out in paragraphs (a)(i)(A), (a)(ii) and (a)(iii) above, and to recommend a preferred solution for a replacement of the Bellozanne incinerator to the States with an accompanying cost/benefit analysis, environmental and health impact assessment no later that December 2008;
(vi ) t hat the Committee be charged to take active steps to seek co-operation from the States of
Guernsey on any measures from which joint benefit, financial or otherwise, could be derived in any area of waste management, and to report to the States thereon at regular intervals;
( vi i ) that the Committee be charged, working with the Finance and Economics Committee, to
undertake further research and bring forward for consideration proposals for financial mechanisms for the purpose of meeting future environmental objectives, with detailed arrangements for the introduction of any associated charges;
(v i i i) that the Committee be charged to develop improved aggregate recycling facilities and bring
forward for the approval of the States proposals for a future inert waste disposal site;
( b ) to agree that the Policy and Resources Committee be charged to propose the inclusion of a funding
strategy for the capital projects identified in (a) (i), (ii) and (v) within the States Business Plan 2006- 2010 by, if necessary, re-prioritising or deleting existing projects, or identifying additional sources of funds;
( c ) agreed that the Finance and Economics Committee be charged to take States decisions under (a) above
into consideration when proposing the allocation of revenue funds in the resource allocation and budget processes 2006-2010.
Members present voted as follows –
POUR: 40 CONTRE: 2 ABSTAIN: 0
Senator J.A. Le Maistre Senator S. Syvret 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 P.F.C. Ozouf
Deputy G.C.L. Baudains (C) Deputy G.P. Southern (H)
Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Peter Connétable of St. Clement Connétable of St. Helier Connétable of St. John
Deputy of Trinity
Deputy R.C. Duhamel (S) Deputy J.J. Huet (H)
Deputy of St. Martin
Deputy of St. John
Deputy T.J. Le Main (H) Deputy J.L. Dorey (H)
Deputy P.N. Troy (B)
Deputy F.G. Voisin (L)
Deputy C.J. Scott Warr en (S) Deputy L.J. Farnham (S) Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)
Deputy J-A. Bridge (H)
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)
Changes in Presidency
The Deputy Bailiff assumed the Presidency during consideration of the amendment of the Connétable of St. Ouen concerning a Solid Waste Strategy, (P.95/2005 Amd.(4) lodged"au Greffe" by the Deputy of St. John at the present meeting), and retired from the Chair prior to members voting on the proposition, as amended, of the Environment and Public Services Committee concerning a Solid Waste Strategy, (P.95/2005 lodged "au Greffe" on 10th May 2005), and the meeting continued, thereafter, under the Presidency of Mr. Michael Nelson de la Haye, Greffier of the States.
THE STATES rose at 6.05 p.m.
A.H. HARRIS Deputy Greffier of the States.