Order Paper 2nd May 2000

STATES OF JERSEY ORDER PAPER

Tuesday, 2nd May 2000

1. C OMMUNICATIONSBYTHEBAILIFF
2. T ABLINGOFSUBORDINATELEGISLATION
3. M  ATTERSRELATINGTOCOMMITTEEMEMBERSHIP
4. P RESENTATIONOFPAPERS

1. Papersforinformation

Matters presented under Standing Order 6A(1)(a)

Report by the Government Actuary on the financial condition of the Social Security Fund as at

31st December 1997.             R  .C . 1 9 /2  0 0 0        Employment and Social Security Committee.

Mrs. C.A. Glazebrook: g' category housing consent (P.56/2000) - report.   P.56/2000

Housing Committee.           R  p t.          

States of Jersey Police: annual report 1999. Home Affairs Committee.

Driver and Vehicle Standards Department: annual report 1999. Home Affairs Committee.

Matters presented under Standing Order 6A(1)(b) Presented on 25th April 2000

Television licence fees: rebate for senior citizens (P.53/2000) - comments.  P.53/2000 Finance and Economics Committee.         C  o  m .    

2. Notification ofStanding Order decisions

Decisions under delegated functions. Finance and Economics Committee.

3. Notification ofacceptanceoftenders
4. Paperstobelodged "au Greffe" under Standing Order17A(1)(a)

Draft Road Traffic (No. 51) (Jersey) Regulations 200  (P.40/2000): second amendments.   P.62/2000

Home Affairs Committee.

Draft Honorary Police (Amendment) (Jersey) Regulations 200 .P.63/2000 Home Affairs Committee.

Draft Fire Service (Amendment No. 4) (Jersey) Law 200  .P.64/2000 Home Affairs Committee.

5. Notification ofPaperslodged "au Greffe" under Standing Order17A(1)(b) Lodged on 18th April 2000

States members income support and expense allowance: annual increases.  P.57/2000

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

Public  Employees  Contributory  Retirement  Scheme:  Committee  of  Management - membership. P. 58/2000

Human Resources Committee.

Lodged on 25th April 2000

Motor fuel duty.           P. 5 9 /2 0 0 0         Senator L. Norman.

Clinique Pinel: approval of drawings.

Health and Social Services Committee.       P.  6 0 /2 0 0 0  

Draft Financial Services (Extension) (Jersey) Law 200 (P.55/2000): amendment.  P.61/2000 Finance and Economics Committee.

6. Papersforconsiderationby the States in CommitteeunderStanding Order 38A

5. S TATEMENTS AND PROPOSITIONS RELATING TO THE ARRANGEMENT OF PUBLIC BUSINESSATTHISORANYSUBSEQUENTMEETING

THE STATES are asked to agree that the following matters lodged "au Greffe" will be considered at the present meeting -

Public  Employees  Contributory  Retirement  Scheme:  Committee  of  Management - membership. P. 58/2000

Lodged: 18th April 2000.

Human Resources Committee.

THE STATES are asked to note that consideration of the matters below, that were set down for the present meeting, has been deferred to a later date -

Draft Piercing and Tattooing (Jersey) Law 200  .   P. 5 2 /2 0 00 Lodged: 11th April 2000.

Health and Social Services Committee.

Draft Diseases of Animals (Amendment No. 5) (Jersey) Law 200  .P.54/2000 Lodged: 11th April 2000.

Agriculture and Fisheries Committee.

THE STATES are asked to agree that the following matters lodged "au Greffe" will be considered at the next meeting on 16th May 2000 -

Draft Road Traffic (No. 51) (Jersey) Regulations 200  . P.  40/2000 Lodged: 28th March 2000.

Home Affairs Committee.

Draft Road Traffic (No. 51) (Jersey) Regulations 200 (P.40/2000): amendment. P. 43/2000 Lodged: 4th April 2000.

Deputy G.C.L. Baudains of St. Clement .

Draft Road Traffic (No. 51) (Jersey) Regulations 200  (P.40/2000): amendments (P.43/2000)- report.   P. 4 3/2000

Presented: 11th April 2000.          R p t.         Home Affairs Committee.

Draft Road Traffic (No. 51) (Jersey) Regulations 200  (P.40/2000): second amendments.   P.62/2000

Lodged: 2nd May 2000.

Home Affairs Committee.

Draft Police Force (Amendment No. 8) (Jersey) Law 200  .P.42/2000 Lodged: 4th April 2000.

Home Affairs Committee.

Projet de Loi (No. 6) (200 ) concernant la charge de Juge d'Instruction. P. 4 7/2000 Logé au Greffe: le 11 Avril 2000.

Comité de Législation.

Draft Petty Debts Court (Miscellaneous Provisions) (Jersey) Law 200 . P. 4 8/2000 Lodged: 11th April 2000.

Legislation Committee.

Television licence fees: rebate for senior citizens. P.  5 3 /2 000 Lodged 11th April 2000.

Senator C. Stein.

Television licence fees: rebate for senior citizens (P.53/2000) - comments. P.53/2000

Presented: 25th April 2000.         C o m  .         Finance and Economics Committee.

Draft Financial Services (Extension) (Jersey) Law 200 .  P.55/2000 Lodged: 11th April 2000.

Finance and Economics Committee.

Draft Financial Services (Extension) (Jersey) Law 200 (P.55/2000): amendment.  P.61/2000 Lodged: 25th April 2000.

Finance and Economics Committee.

States members income support and expense allowance: annual increases.  P.57/2000 Lodged: 18th April 2000.

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

Clinique Pinel: approval of drawings. P. 6 0 /2 0 0 0 Lodged: 25th April 2000.

Health and Social Services Committee.

Draft Honorary Police (Amendment) (Jersey) Regulations 200 .P.63/2000 Lodged: 2nd May 2000.

Home Affairs Committee.

Draft Fire Service (Amendment No. 4) (Jersey) Law 200  .P.64/2000 Lodged: 2nd May 2000.

Home Affairs Committee.

The President of the Home Affairs Committee will seek leave to withdraw the Draft Fire Service (Amendment No. 4) (Jersey) Law 200 (P.27/2000 lodged "au Greffe" on 7th March 2000), the Committee having lodged a revised proposition at the present meeting.

6. P RESENTATIONOFPETITIONS

St. Helier Waterfront Hotel: petition. Senator S. Syvret.

At the time of presenting the petition Senator Syvret will present and lodge "au Greffe" a proposition relative thereto (P.65/2000).

7. Q UESTIONS

The Connétable of Trinity will ask a question of the President of the Planning and Environment Committee about two recent decisions of the Committee.

The Deputy of St. John will ask questions of the President of the Planning and Environment Committee about the preparation of a design brief for the St. Helier Waterfront.

The Deputy of St. John will ask a question of the President of the Education Committee about expenditure on maintenance.

The Deputy of St. John will ask a question of the President of the Housing Committee about the development of the Berkshire Hotel site.

Senator C.G.P. Lakeman will ask a question of the President of the Agriculture and Fisheries Committee about an Audit Committee report into the operation of the agricultural loans scheme.

8. M ATTERSOFPRIVILEGE
9. P E RSONALSTATEMENTS

10. C OMMITTEESTATEMENTS

The President of the Finance and Economics Committee will make a statement about the presentation of the annual accounts.

11. P UBLICBUSINESS

Mont Nicolle School, St. Brelade: approval of drawings. Education Committee.

States Audit Commission: terms of reference and appointment of Chairman. Finance and Economics Committee.

Minimising material and social deprivation: low income support. P.44/2000 Lodged: 4th April 2000.

Employment and Social Security Committee.

Commission Amicale: membership.       P.  4 5 /2 0 0 0     Lodged: 4th April 2000.

Policy and Resources Committee.

Draft Act amending the Act of the States dated the 27th day of April 1999 establishing a scheme to make child care more available for low income families. P. 5 0 /2 0 0 0 Lodged: 11th April 2000.

Employment and Social Security Committee.

Draft Food and Drugs (Amendment No. 3) (Jersey) Law 200  .  P.51/2000 Lodged: 11th April 2000.

Health and Social Services Committee.

Mrs. C.A. Glazebrook: g' category housing consent. P. 5 6 /2 0 00 Lodged: 11th April 2000.

Senator J.A. Le Maistre.

Mrs. C.A. Glazebrook: g' category housing consent (P.56/2000) - report. P.56/2000

Presented: 2nd May 2000.            R p t.           Housing Committee.

Subject to E

Public Employees Contributory Retirement Scheme: Committee of Management - membership. P.58/2000

Lodged: 18th April 2000.

Human Resources Committee.

G.H.C. COPPOCK Greffier of the States

27th April 2000

NOTIFICATION OF STANDING ORDER DECISIONS - FINANCE AND ECONOMICS COMMITTEE

(delegated functions)

17th April 2000

1. a s recommended by the Finance and Economics Committee, the lease from Mr. George Arthur Le Gros and Mrs. Dany Alexine Le Gros, née Gouedart, of the agricultural shed at La Recompense, La Rouge Cul, St. Lawrence , for use by the Probation Board as a Community Services Workshop, for a period of three years from 1st May 2000, at an annual rent of £12,000, subject to the lessee being responsible for the repair and maintenance of the interior of the premises, with the lessee also to be allowed use of the surrounding yard area, on the basis that each party would be responsible for its own legal costs arising from this transaction;
2. a s recommended by the Public Services Committee, the non-exclusive lease to the Channel Islands Co-Operative Society of an area of land situated at Georgetown on La Route du Fort, St. Saviour (also known as the Georgetown Car Park), for a period of nine years with effect from 28th September 1999, at an annual rent of £8,334.98 payable annually in advance (the rent being based 0 25 per cent of the maximum income achievable from the car park), with the remaining terms and conditions being the same as the existing lease which terminated on 27th September 1999, and on the basis that each party would be responsible for its own legal costs arising from this transaction;
3. a s recommended by the Public Services Committee, the sale to OBY Consultants Limited of an area of land lying immediately to the north of the western extremity of the premises known as the Portofino Restaurant, St. Aubin, St. Brelade, and running up to the main road known as Mont Les Vaux to the north, for a consideration of £10,000, and on terms and conditions as set out in a letter dated 12th January 2000 from the Director of Property Services, and with the purchaser to be responsible for all legal fees arising from this transaction.

(See Item G)

The Connétable of Trinity will ask the following question of the President of the Planning and Environment Committee -

"On two recent occasions the Planning and Environment Committee has taken decisions which have been contrary to a specific request from the States following consideration of a report and proposition. The first concerned the Grouville Bay Hotel site and the second related to an application in respect of Field 921, St. Mary .

Would the President explain to members the precise reasons why the Committee ignored the wishes of this Assembly?" The Deputy of St. John will ask the following questions of the President of the Planning and Environment Committee -

"1.  Would the President inform the Assembly whether the professional fees of Haworth and Tomkins, who have been engaged to prepare a design framework for the Waterfront, are being met by the Waterfront Enterprise Board Limited or by the Planning and Environment Committee?

2. Wo uld the President explain why the Committee did not request the preparation of a design brief for the Waterfront earlier, in view of the fact that the Committee has been in office for nearly four years?
3. Wo uld the President inform the Assembly how many Committee members were present at the meeting that approved the plans for the Waterfront hotel?"

The Deputy of St. John will ask the following question of the President of the Education Committee -

"Would the President inform the Assembly what percentage of the Committee's budget was spent on the maintenance of education property in 1999 and how does this compare with the previous five years?"

The Deputy of St. John will ask the following question of the President of the Housing Committee -

"Would the President inform the Assembly -

1. h ow many units of accommodation are being developed on the site of the former Berkshire Hotel?
2. of the proposed categories of persons (for example young people, elderly persons, single persons) who will be accommodated in the flats currently under development?"

Senator C.G.P. Lakeman will ask the following question of the President of the Agriculture and Fisheries Committee -

"Would the President confirm whether his Committee has had an opportunity to consider the Report prepared by the Agriculture and Fisheries Audit Committee dated 15th July 1997 relating to the scheme established under the Agricultural Loans and Guarantees (Jersey) Law 1974, and indicate which of the recommendations of the Report have been implemented and which have not, in each case specifying the recommendation made."

MONT NICOLLE SCHOOL, ST. BRELADE: APPROVAL OF DRAWINGS.

THE STATES are asked to decide whether they are of opinion -

  (a )       to   approve drawings Nos.  3001/19A, 26A to 29A, 37, 37A, 38, 39, 40A, 41A, 47A, 51 and 52 showing the

proposed extension and remodelling of Mont Nicolle School, St. Brelade ;

(b ) to authorise the Greffier of the States to sign the said drawings on behalf of the States.

EDUCATION COMMITTEE NOTES:

  1 . T h e Planning and Environment Committee approved these drawings under Development Permit No. 119/G

dated 7th February 2000.

2 . T h e Finance and Economics Committee supports this proposition.

Mont Nicolle School currently has 216 pupils arranged into 10 class groups and accommodates these pupils in eight permanent and two temporary classrooms. The number of pupils attending this school is due to rise to around 250 from 2001/2 to take account of the Lesquende and other smaller developments, but over the medium to long term the number is expected to slowly drop again to 200 or less. However, given the excessive period during which the temporary classrooms will be needed, the Committee plans to replace these temporary structures with permanent buildings which will be utilised as single classrooms for the next few years, but after which, may be utilised as key stage resource and shared activity areas.

The existing school building is on a multilevel site and its internal layout was established during the time when open plan but relatively inflexible spaces were considered appropriate for a primary school. Such a layout is now somewhat dated and is considered unsuitable for the delivery of today's curriculum and modern learning methods. In addition, the internal multilevel and complex circulation and shared activity spaces need to be rationalised to make the best use of the space available and the Committee therefore not only intends to extend the school but also to remodel a major part of its interior to provide modern and safe accommodation for children and staff.

In addition to the above, parts of the school buildings are reaching the end of their useful life and need to be replaced or upgraded. In particular the external fabric of the building is tired and needs to be renovated. There exist a large number of flat roofs giving chronic problems of water ingress, many composite in-fill wall panels and windows which require constant repair, and other minor but extensive structural problems such as down pipes and gutters, which need to be resolved. It is therefore planned that this renovation and replacement work, to bring the school up to modern standards, will be carried out at the same time as the extensions to make efficient and effective use of resources and to minimise the disruption to the school.

Finally, as with other schools the Committee plans to construct a new 30 place nursery class within the final phase of this project to provide not only a much needed expansion in the early years provisions to the west of the Island, but also to take advantage of economies of carrying out such work as part of a much larger scheme.

STATES AUDIT COMMISSION: TERMS OF REFERENCE AND APPOINTMENT OF CHAIRMAN THE STATES are asked to decide whether they are of opinion -

  to r e f er to their Act dated 13th May 1997 in which they approved the terms of reference of the States Audit

Commission and -

  (i ) to amend the terms of reference of the Commission to enable the Chairman to be appointed by the States, on the recommendation of the Finance and Economics Committee, for a period of up to three years;

  (ii ) to appoint Mr. Timothy Dunningham as Chairman of the States Audit Commission for a period of 12 months

with effect from 13th May 2000.

FINANCE AND ECONOMICS COMMITTEE

The States will recall that at the meeting held on 30th November 1999, they were informed by the President of the Finance and Economics Committee that, due to the resignation of Advocate Christopher Lakeman on his election as Senator, Mr. Timothy Dunningham had been appointed by the Audit Commissioners as Chairman of the States Audit Commission for the remainder of the term of office, which expires on 13th May 2000.

The terms of reference for the States Audit Commission provide for the Chairman to be appointed by the States for a three year period. Therefore, if a chairman is to be appointed for any other period than three years, it will be necessary for the States to specifically agree to change the current terms of reference.

The Strategic Review of Audit Arrangements within the States of Jersey, recently undertaken by Mr. Noel Hepworth, Chairman of the Institute of Public Finance, recommended fundamental changes to the way in which audit will be provided in the future, and in particular that the responsibility for value for money audit, currently conferred on the States Audit Commission, be assigned to a new Auditor General. The review also recommends a change in role for the Audit Commission which would, if accepted, result in substantial changes to its terms of reference. The Hepworth report has been forwarded to the Clothier Committee, which is reviewing the machinery of government in Jersey, for its consideration.

The situation is similar to that of the external auditor. The States will recall that at their meeting on 4th April 2000 it agreed to recommend a one year extension to Price waterhouseCoopers contract to provide external audit, until the situation regarding the proposed Auditor General post had been clarified.

The States are therefore requested to agree a similar arrangement for the Chairman of the Audit Commission to enable any proposed changes to be agreed before an appointment is made for the longer term.

STATES MEMBERS LUNCHEON

No.3 Committee Room

I will require lunch at today's meeting.

Signed................................................... Name..................................................

Please hand this slip to an usher before 10.00 a.m. today