States Minutes 16th March 2005

THE STATES assembled on Wednesday 16th March 2005, at 9.30 a.m. under

the Presidency of the Bailiff ,

Sir Philip Bailhache .

All members were present with the exception of –

S enat or Richard Joseph Shenton – ill

J ohn B audains Germain, Connétable of St. Martin – ill

T hom as John du Feu, Connétable of St. Peter – out of the Island

G e offrey William Fisher, Connétable of St. Lawrence – out of the Island Maur ice François Dubras, Deputy of St. Lawrence – out of the Island

J er emy Laurence Dorey, Deputy of St. Helier – ill

C e lia Joyce Scott Warr en, Deputy of St. Saviour–  out of the Island

L yndon J ohn Farnham , Deputy of St. Saviour – out of the Island

S ar ah Craig Ferguson, Deputy of St. Brelade – out of the Island

Prayers

Jersey Tourism: relocation and lease of new office accommodation – P.22/2005 Comments; SR3/2005

THE STATES resumed consideration of a proposition of Senator Edward Philip Vibert that the proposition of the Economic Development Committee concerning Jersey Tourism: relocation and lease of new office accommodation, (P.22/2005 lodged "au Greffe" on 1st March 2005), be referred back.

THE STATES, following consideration, rejected the proposition.

Members present voted as follows –

POUR: 17 CONTRE: 24 ABSTAIN: 0

Senator J.A. Le Maistre Senator S. Syvret

Senator W. Kinnard

Senator P.V.F. Le Claire Senator E.P. Vibert

Deputy R.C. Duhamel (S) Deputy A. Breckon (S) Deputy of St. Martin Deputy G.C.L. Baudains (C) Deputy P.N. Troy (B) 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) Deputy G.W.J de Faye (H)

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 Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Mary Connétable of St. Clement Connétable of St. Helier Connétable of Trinity Connétable of Grouville Deputy of Trinity

Deputy J.J. Huet (H)

Deputy T.J. Le Main (H) Deputy F.G. Voisin (L) Deputy R.G. Le Hérissier (S) Deputy J-A. Bridge (H) Deputy of St. Mary

Deputy of St. Ouen

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

THE STATES, following further consideration of the proposition of the Economic Development Committee concerning Jersey Tourism: relocation and lease of new office accommodation, rejected a proposition of the Deputy of St. Peter that, in accordance with Standing Order 26A(1), the question be now put, the Bailiff having exercised his casting vote, in accordance with convention, against the proposition in view of there being an equality of votes.

Members present voted as follows –

POUR: 19 CONTRE: 19 ABSTAIN: 1

Senator W. Kinnard Senator L. Norman Senator P.V.F. Le Claire Senator E.P. Vibert Senator F.H. Walker

Connétable of St. Saviour Senator T.A. Le Sueur

Connétable of St. Brelade Senator P.F. Routier

Connétable of St. Mary Senator M.E. Vibert

Connétable of St. Clement Senator P.F.C. Ozouf

Connétable of Trinity Deputy R.C. Duhamel (S)

Connétable of Grouville Deputy A. Breckon (S)

Connétable of St. John Deputy J.J. Huet (H)

Deputy of Trinity Deputy T.J. Le Main (H)

Deputy of St. Martin Deputy F.G. Voisin (L)

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

Deputy G.C.L. Baudains (C) Deputy J.A. Martin (H)

Deputy P.N. Troy (B) Deputy G.P. Southern (H)

Deputy R.G. Le Hérissier (S)   Deputy J.A. Bernstein (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 of Grouville

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

THE STATES, following further consideration of the proposition of the Economic Development Committee concerning Jersey Tourism; relocation and lease of new office accommodation, adopted a proposition of the Deputy of St. John that, in accordance with Standing Order 26A(1), the question be now put.

Members present voted as follows –

POUR: 22 CONTRE: 13 ABSTAIN: 1

Senator W. Kinnard Senator S. Syvret Senator P.V.F. Le Claire Senator T.A. Le Sueur Senator L. Norman

Senator E.P. Vibert Senator F.H. Walker

Connétable of St. Brelade Senator P.F. Routier

Connétable of St. Clement Senator M.E. Vibert

Connétable of Trinity Senator P.F.C. Ozouf

Connétable of Grouville Deputy A. Breckon (S)

Connétable of St. John Deputy T.J. Le Main (H)

Deputy of Trinity Deputy G.C.L. Baudains (C)

Deputy R.C. Duhamel (S) Deputy J.A. Martin (H)

Deputy of St. Martin Deputy G.P. Southern (H)

Deputy of St. John Deputy P.J.D. Ryan (H

Deputy P.N. Troy (B) Deputy G.W.J de Faye (H)

Deputy F.G. Voisin (L)

Deputy R.G. Le Hérissier (S)

Deputy J-A. Bridge (H)

Deputy J.A. Bernstein (B)

Deputy of St. Mary

Deputy of St. Ouen

Deputy M.A. Taylor (C)

Deputy of St. Peter

Deputy J.A. Hilton (H)

THE STATES adopted a proposition of the President of the Economic Development Committee, that, in accordance with Standing Order 46(1), strangers do withdraw, in order that conclusion of the consideration of the proposition of the Economic Development Committee concerning Jersey Tourism: relocation and lease of new office accommodation, be conducted in camera.

THE STATES, having concluded consideration of the proposition in camera, proceeded to vote in public assembly, and adopting a proposition of the Economic Development Committee –

( a ) approved the lease by the public from Islands Development Limited of a newly constructed office

building on a site near the junction of The Esplanade and Castle Street, St. Helier (shown for identification purposes on Drawing No. 101 Rev. B), comprising approximately 6,650 square feet office space; with the lease to be concluded upon completion of the fitting-out and for a period of 21 years, on a tenant's full repairing and insuring basis; at a commencing rental of £109,300.00 per annum subject to review at a level of 2.5% per annum after 3 and 6 years, with open market reviews after 9 years and every 3 years thereafter, on condition that the public would be entitled to break th lease after 9 years to coincide with the initial open market rent review; with the relocation of Jersey Tourism into the new offices to be carried out at nil expense to the Public with each party being responsible for their respective legal and professional costs in connection with the proposed letting;

( b ) authorised the Attorney General and the Greffier of the States to pass the necessary contract in

connection with the lease; and,

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

POUR: 31 CONTRE: 10 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 Connétable of St. Ouen

Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Mary Connétable of St. Clement Connétable of St. Helier Connétable of Trinity Connétable of Grouville Connétable of St. John Deputy of Trinity

Deputy J.J. Huet (H) Deputy of St. Martin Deputy of St. John Deputy T.J. Le Main (H) Deputy P.N. Troy (B) Deputy F.G. Voisin (L) Deputy J-A. Bridge (H) Deputy J.A. Bernstein (B) Deputy of St. Mary Deputy of St. Ouen

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

Senator S. Syvret

Senator P.V.F. Le Claire Senator E.P. Vibert

Deputy R.C. Duhamel (S) Deputy A. Breckon (S) Deputy G.C.L. Baudains (C) Deputy R.G. Le Hérissier (S)

Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy J.A. Hilton (H)

Deputy of Grouville Deputy of St. Peter Deputy G.W.J de Faye (H)

Change in Presidency

The Bailiff retired from the Chair during consideration of the proposition of the Economic Development Committee concerning Jersey Tourism: relocation and lease of new office accommodation, (P.22/2005 lodged "au Greffe" on 1st March 2005), and the meeting continued under the presidency of Mr. Michael Nelson de l Haye, Greffier of the States.

Draft Jersey Overseas Aid Commission (Jersey) Law 200- P .14/2005 Comments and Amendments

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Jersey Overseas Aid Commission (Jersey) Law 200-, as amended by the following amendments to the Schedules detailed below presented by the Overseas Aid Committee, (P.14/2004 Amd. lodged "au Greffe" on 1st March 2005) –

SCHEDULE 1, CLAUSE 5 –

O m i t clause 5.1 and substitute the following –

"5.1 The Commission shall consist of – (a ) a Chairman;

(b ) 2 S tates Commissioners; and (c ) 3 N on-States Commissioners.

2. A person shall not be appointed as –

(a ) t he Chairman or a States Commissioner unless he or she is an elected member of the States;

or

(b ) a N on-States Commissioner unless he or she is not an elected member of the States.

3. A person shall not be appointed as a Commissioner if –

1. he or she is an employee or agent of the Commission; or
2. he or she holds an honorary office with the Commission.".

R enum ber the existing clauses 5.2, 5.3 and 5.4 accordingly. SCHEDULE 1, CLAUSE 6.4 –

Ins  er  t after paragraph (e) the following –

"(f) if he or she becomes an employee or agent of the Commission or becomes the holder of an

honorary office with the Commission;".

R enum ber the existing sub-clauses (f) and (g) accordingly. SCHEDULE 1, CLAUSE 7 –

O m i t clause 7.2 and substitute the following –

"7.2 If the office of a States Commissioner becomes vacant the States shall, on the recommendation of

the Chairman, appoint a person as a States Commissioner.".

SCHEDULE 1, CLAUSE 7 –

O m i t clause 7.4 and substitute the following –

" 7.4 If the office of a Non-States Commissioner becomes vacant because the term of the office has expired, the States shall, on the recommendation of the Chairman, appoint as a Non-States Commissioner a person who has nominated himself or herself for appointment to the office.".

SCHEDULE 1, CLAUSE 7 –

O m i t clause 7.6 and substitute the following –

" 7.6 If the office of a Non-States Commissioner becomes vacant otherwise than because the term of the office has expired, the States shall, on the recommendation of the Chairman, appoint as a Non- States Commissioner a person who has nominated himself or herself for appointment to the office.".

SCHEDULE 1, CLAUSE 9.2 –

O m i t the words "unless he or she is an employee or agent of the Commission". SCHEDULE 1, CLAUSE 10 –

Subs titute the following clause –

 "10   Appointment and remuneration of staff, agents and honorary officers

1. The Commission may employ the persons, and appoint the agents and honorary officers, that it considers necessary for carrying out its objects.
2. The Commission may make the arrangements it thinks fit concerning the remuneration, expenses, pensions and other conditions of the employees, agents and honorary officers of the Commission.".

SCHEDULE 2, PARAGRAPH 2 –

A ft er  sub-paragraph (3) insert the following sub-paragraph –

" (4 ) A person shall not be appointed under sub-paragraph (2) or (3) as the Chairman Designate of the Commission or a Commissioner if at the time of the appointment he or she is an employee or agent of, or holds an honorary office with, the Overseas Aid Committee.".

R enum ber the existing sub-paragraphs (4), (5), (6), (7) and (8), and alter the cross-reference in sub-

paragraph (8), accordingly.

Social Security Tribunal: appointment of members – P.31/2005

THE STATES, adopting a proposition of the Employment and Social Security Committee

ap pointed, in accordance with the provisions of Article 1 and Schedule 4 of the Social Security (Jersey

Law 1974, as amended, the following persons as Chairman and members of the Social Security Tribunal, for the period ending 31st December 2007 –

A dvoc ate Charles Malcolm Bedford Thacker, Chairman A dvoc ate Marion Whittaker

A dvoc ate Michael Clapham

M r s . E lizabeth Hambly

M r s . M  argaret Le Marquand

M r . N icholas Joseph Corbel.

Family Allowances Tribunal: appointment of members – P.32/2005

THE STATES, adopting a proposition of the Employment and Social Security Committee, appointed, in accordance with the provisions of Article 1 and Schedule 1 of the Family Allowances (Jersey) Law 1972, a amended, the following persons as Chairman and members of the Social Security Tribunal, for the period ending 31st December 2007 –

A dvoc ate Alan Richard Binnington, Chairman A dvoc ate Marion Whittaker

A dvoc ate Michael Clapham

M r s . E lizabeth Hambly

M r s . M  argaret Le Marquand

M r . N icholas Joseph Corbel.

Control of Public Entertainment Panel: appointment of Chairman – P.35/2005

THE STATES, adopting a proposition of the Education, Sport and Culture Committee, appointed Mrs. Susan Bone as Chairman of the Panel for the Control of Public Entertainment.

Adjournment

THE STATES then adjourned, having agreed to reconvene on Tuesday 22nd March 2005, in order to resume consideration of the outstanding matters of public business, and agreed that the following matter would be taken as the first item of public business –

Draft Employment Relations (Jersey) Law 200-. P.19/2005. Lodged: 1st February 2005.

Employment and Social Security Committee.

Draft Employment Relations (Jersey) Law 200- (P.19/2005): comments. P.19/2005. Com. Presented: 8th March 2005.

Finance and Economics Committee.

Draft Employment Relations (Jersey) Law 200- (P.19/2005): amendments. P.19/2005. Lodged: 1st March 2005. Amd. Deputy G.P. Southern of St. Helier.

Draft Employment Relations (Jersey) Law 200- (P.19/2005): amendments P.19/2005. (P.19/2005 Amd.) – comments. Amd.Com. Presented: 15th March 2005.

Employment and Social Security Committee.

THE STATES rose at 5.30 p.m.

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