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Order Paper 24th September 2002

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STATES OF JERSEY ORDER PAPER

Tuesday, 24th September 2002

  1. COMMUNICATIONSBYTHEBAILIFF
  2. TABLING OF SUBORDINATE LEGISLATION

(Explanatory note attached)

Medicines (General Sale List) (Amendment No. 5) (Jersey) Order 2002. R & O 91/2002.

Health and Social Services Committee.

Medicines (Aristolochia, Mu Tong and Fangji) (Prohibition) (Jersey) Order 2002. R & O 92/2002. Health and Social Services Committee.

Medicines (Sale and Supply) (Miscellaneous Provisions) (Amendment No. 4) (Jersey) Order 2002. R

& O 93/2002.

Health and Social Services Committee.

Medicines (Prescription Only) (Amendment No. 4) (Jersey) Order 2002. R & O 94/2002.

Health and Social Services Committee.

Banking Business (General Provisions) (Jersey) Order 2002. R & O 95/2002.

Finance and Economics Committee.

Social Security (Earnings Limit) (Jersey) Order 2002. R

& O 96/2002.

Employment and Social Security Committee.

  1. MATTERS RELATING TO COMMITTEE MEMBERSHIP

Resignation of the President of the Committee of Inquiry into Building Costs.

  1. PRESENTATIONOFPAPERS
  1. Papersforinformation

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

United Nations International Covenant R.C.34/2002. on Economic, Social and Cultural

Rights (ICESCR): concluding

observations of the Committee on

Economic, Social and Cultural Rights.

Policy and Resources Committee.

International  Conventions  and R.C.35/2002. Agreements:  progress  report  for  the

period 1st April 2001 to 31st March

2002.

Policy and Resources Committee.

States of Jersey Law 1966, as amended: delegation of functions - prison - remission of sentence.

Home Affairs Committee.

Draft Planning and Building (Amendment) (Jersey) Law 200- (P.56/2002): comments.

Finance and Economics Committee.

Machinery of Government: freedom of representation (P.142/2002) - comments.

Policy and Resources Committee.


R.C.36/2002.

P.56/2002. Com.

P.142/2002. Com.

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

Presented on 17th September 2002

Criminal Injuries Compensation Board: R.C.33/2002. report and accounts for 2001.

Home Affairs Committee.

  1. Notification ofStanding Order decisions 18th September 2002

Decisions under delegated functions. Finance and Economics Committee.

  1. Notification ofacceptanceoftenders
  2. Papers to  be lodged "au  Greffe" under Standing Order17A(1)(a)

Draft  Misuse  of  Drugs  (Amendment P.164/2002. No. 3) (Jersey) Law 200-.

Health and Social Services Committee.

Draft Community Provisions Dual-Use P.165/2002. items  (Export  Control)  (Amendment)

(Jersey) Regulations 200-.

Finance and Economics Committee.

  1. Notification  of Papers lodged "au  Greffe" under Standing Order17A(1)(b)

Lodged on 17th September 2002

Elizabeth  Harbour,  St.  Helier: P.161/2002. Commodore  Shipping  (Jersey)

Limited -  variation  and  assignment  of

lease.

Harbours and Airport Committee.

Draft Insurance Business (Amendment P.162/2002. No. 4) (Jersey) Law 200-.

Finance and Economics Committee.

New North Quay, St. Helier: erection of P.163/2002. fencing - review.

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

  1. Papers for consideration by the States in Committee underStandingOrder38A
  1. STATEMENTS AND PROPOSITIONS RELATING TO THE ARRANGEMENT OF PUBLIC BUSINESS AT THIS OR ANY SUBSEQUENTMEETING

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

Royde House, 21 Midvale Road, St. P.137/2002. Helier: lease of accommodation.

Lodged: 20th August 2002.

Health and Social Services Committee.

Draft Nursing and Residential Homes P.140/2002. (Amendment) (Jersey) Law 200-.

Lodged: 27th August 2002.

Health and Social Services Committee.

Draft Licensing (Licence Fees) (Jersey) P.150/2002. Regulations 200-.

Lodged: 10th September 2002.

Tourism Committee.

The  President  of  the  Planning  and  Environment Committee  will  seek  leave  to  defer  consideration  of Planning and Building Core Service: strategy for future funding  (P.143/2002  lodged "au  Greffe" on  27th August  2002)  from  the  present  meeting  to  the  next meeting to be held on 1st October 2002.

THE STATES are asked to agree that the following matters lodged "au Greffe"  be considered at their next meeting to be held on 1st October 2002 -

Machinery of Government: freedom of P.142/2002. representation.

Lodged: 27th August 2002.

Senator S. Syvret.

Machinery of Government: freedom of P.142/2002. representation  (P.142/2002) - Com. comments.

Presented: 24th September 2002.

Policy and Resources Committee.

Machinery of Government: freedom of P.142/2002. representation  (P.142/2002) Amd. amendment.

Lodged: 10th September 2002.

Policy and Resources Committee.

Draft Boats and Surf-Riding (Control) P.144/2002. (Amendment  No.  23)  (Jersey)

Regulations 200-.

Lodged: 3rd September 2002.

Harbours and Airport Committee.

Draft  Pilotage  (General  Provisions) P.145/2002. (Amendment  No. 8)  (Jersey)

Regulations 200-.

Lodged: 3rd September 2002.

Harbours and Airport Committee.

Draft  Harbours  (Amendment  No.  34) P.146/2002. (Jersey) Regulations 200-.

Lodged: 3rd September 2002.

Harbours and Airport Committee.

New North Quay, St. Helier: erection of P.163/2002. fencing - review.

Lodged: 17th September 2002.

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

In  accordance  with  Standing  Order  17(6)  the following matter is deemed to be withdrawn -

Funding of Welfare. P.135/2001. Lodged: 11th September 2001.

Connétable of Grouville .

Funding  of  Welfare  (P.135/2001): P.135/2001 comments. Com. Presented: 23rd October 2001.

Human Resources Committee.

In accordance with Standing Order 22(3) the President of the Legislation Committee has instructed the Greffier of the States to withdraw the following propositions, the Committee  having  lodged "au  Greffe"  revised proposition  (P.156/2002  and  P.157/2002)  on  10th September 2002 -

Draft  Rehabilitation  of  Offenders P.63/2002. (Jersey)  Law  2001  (Appointed  Day)

Act 200-.

Lodged: 30th April 2002.

Legislation Committee.

Draft  Rehabilitation  of  Offenders P.64/2002. (Exceptions) (Jersey) Regulations 200-.

Lodged: 30th April 2002.

Legislation Committee.

  1. PRESENTATIONOFPETITIONS
  2. QUESTIONS

Deputy G.P. Southern of St. Helier will ask questions of the President of the Finance and Economics Committee regarding  income  tax  exemptions  and  personal allowances.

The   Deputy  of  St.  John  will  ask  a  question  of  the President of the Agriculture and Fisheries Committee regarding leachate pollution at Beauport.

Deputy  G.C.L.  Baudains  of  St.  Clement  will  ask questions  of  the  President  of  the  Planning  and Environment Committee regarding the St. Helier Street Life  Programme  and  the  practice  of  photographing properties.

The Deputy of St. Martin will ask a question of the President of the Home Affairs Committee regarding the preparation of legislation relating to the confiscation of alcohol.

The   Deputy  of  St.  John will  ask  questions  of  the President  of  the  Home  Affairs  Committee  regarding driver theory tests.

Deputy  G.C.L.  Baudains  of  St.  Clement  will  ask  a question  of  the  President  of  the  Agriculture  and Fisheries Committee regarding ormer fishing.

Deputy G.P. Southern of St. Helier will ask questions of the  President  of  the  Planning  and  Environment Committee  regarding  the  possible  designation  of  the Odeon Cinema, Bath Street as a Site of Special Interest.

  1. MATTERSOFPRIVILEGE
  2. PERSONALSTATEMENTS
  3. COMMITTEESTATEMENTS

The  President  of  the  Planning  and  Environment Committee  will  make  a  statement  regarding  the photographing of properties.

  1. PUBLICBUSINESS

Draft  Planning  and  Building P.56/2002. (Amendment) (Jersey) Law 200-.

Lodged: 23rd April 2002.

Planning and Environment Committee

Draft Planning and Building P.56/2002. (Amendment) (Jersey) Law 200- Com. (P.56/2002): comments.

Finance and Economics Committee.

Draft  Police  Procedures  and  Criminal P.89/2002. Evidence (Jersey) Law 200-.

Lodged: 28th May 2002.

Home Affairs Committee.

Draft  Police  Procedures  and  Criminal P.89/2002. Evidence  (Jersey)  Law  200- Com. (P.89/2002): comments.

Presented: 11th June 2002.

Human Resources Committee.

Draft  Police  Procedures  and  Criminal P.89/2002. Evidence  (Jersey)  Law  200- Com.(2) (P.89/2002): comments.

Presented: 11th June 2002.

Finance and Economics Committee.

Draft  Police  Procedures  and  Criminal P.89/2002. Evidence  (Jersey)  Law  200- Amd. (P.89/2002): amendment.

Lodged: 10th September 2002.

Home Affairs Committee.

Draft Crime (Going Equipped) (Jersey) P.96/2002. Law 200-.

Lodged: 11th June 2002.

Legislation Committee.

European Convention for the Protection P.110/2002. of  Human  Rights  and  Fundamental

Freedoms: Individual Right to Petition.

Lodged: 25th June 2002.

Policy and Resources Committee.

Draft Civil Evidence (Jersey) Law 200-. P.111/2002. Lodged: 2nd July 2002.

Legislation Committee.

Meetings  of  the  States  in  2003: P.124/2002. suspension of Standing Order 4(1).

Lodged: 23rd July 2002.

Privileges and Procedures Committee.

Draft  Law  Reform  (Miscellaneous P.130/2002. Provisions) (Jersey) Law 200-.

Lodged: 23rd July 2002.

Legislation Committee.

Financial  assistance  for  the  cost  of P.131/2002. ophthalmic and dental care for persons

aged over 65: extension of scheme.

Lodged: 23rd July 2002.

Employment  and  Social  Security

Committee.

Financial  assistance  for  the  cost  of ophthalmic and dental care for persons aged  over  65:  extension  of  scheme P.131/2002) amendment.

Connétable of Grouville .

Attached.

Financial  assistance  for  the  cost  of P.131/2002. ophthalmic and dental care for persons Com. aged  over  65:  extension  of  scheme

(P.131/2002) - comments.

Presented: 10th September 2002.

Finance and Economics Committee.

Subject to E -

Royde  House,  21  Midvale  Road,  St. P.137/2002. Helier: lease of accommodation.

Lodged: 20th August 2002.

Health and Social Services Committee.

Draft  Nursing  and  Residential  Homes P.140/2002.

(Amendment) (Jersey) Law 200-. Lodged: 27th August 2002.

Health and Social Services Committee.

Draft Licensing (Licence Fees) (Jersey) P.150/2002. Regulations 200-.

Lodged: 10th September 2002.

Tourism Committee.

C.M. NEWCOMBE Greffier of the States

19th September 2002

Explanatory Note regarding subordinate legislation tabled at this meeting.

R & O 91/2002

This Order amends the Medicines (General Sale List) (Jersey) Order  1997, which specifies medicinal products that may be supplied otherwise than under the supervision of a pharmacist.

The effect of the amendment is to permit the supply of sodium picosulphate from premises other than pharmacies, if it is in the form of gel-filled capsules in a strength not exceeding 2.5 mg, and it is indicated for administration to persons aged not less than 10 years, with a maximum dose and a maximum daily dose of 15 mg.

The amending Order should be read in conjunction with the Medicines (Sale and Supply) (Miscellaneous Provisions) (Amendment No. 4) (Jersey) Order 2002, which limits the number of capsules that may be sold in a pack.

The Order was made by the Health and Social Services Committee on 16th September 2002, after consultation with the Medicines Advisory Council, and will come into force on 1st October 2002.

R & O 92/2002

The effect of this Order, which will come into force on 16th December 2002, is to prohibit permanently the sale, supply and importation, for human use, of any medicinal product that consists of or contains any of the following plants -

  (a ) a plant belonging to a species of the genus Aristolochia or belonging to any of the following species, namely

Akebia quinata, Akebia trifoliata, Clematis armandii, Clematis montana, Cocculus laurifolius, Cocculus orbiculatus, Cocculus trilobus, and Stephania tetrandra, or an extract from such a plant; or

(b ) a plant that is presented as consisting of or containing Mu Tong or Fangji, a plant belonging to any of the

species Akebia quinata, Akebia trifoliata, Clematis armandii, Clematis montana, Cocculus laurifolius, Cocculus orbiculatus, Cocculus trilobus and Stephania tetrandra, or an extract from such a plant.

These prohibitions do not apply where -

  (a ) th e sale or supply is to a person exercising functions in relation to the enforcement of food or medicines

legislation;

(b ) th e importation is made by or on behalf of such a person; or

( c ) th e product is the subject of a product licence, marketing authorization or homeopathic certificate of

registration under the law of the United Kingdom.

The Order was made by the Health and Social Services Committee on  16th September 2002  after consultation with th Medicines Advisory Council.

R & O 93/2002

This Order increases from 16 to 28 the number of enteric-coated, 75 milligram tablets of non-effervescent aspirin that may be sold or supplied by retail elsewhere than at a pharmacy.

It also provides that where sodium picosulphate is sold or supplied in the form of gel-filled capsules, the pack size must not exceed 24 capsules.

The Order, which was made by the Health and Social Services Committee on 16th September 2002 after consultation with the Medicines Advisory Council, will come into force on 1st October 2002.

This Order amends the Medicines (Prescription Only) (Jersey) Order 1997, which specifies medicinal products that may only be sold or supplied on prescription and also contains exemptions from that restriction.

The amending Order has the following effect -

  ( a ) T he substances Atorvastatin Calcium, Benserazide, Carbasalate Calcium; Cefdinir, Cerivastatin Sodium,

Dolasetron Mesilate, Donepezil Hydrochloride, Fexofenadine Hydrochloride, Flutrimazole, Formoterol Fumarate, Gadolinium, Latanaprost, Levofloxacin Hemihydrate, Mercaptamine Bitartrate, Modafinil, Ondansetron, Pramipexole Dihydrochloride, Reboxetine Mesilate, Ropinorole Hydrochloride, Sertindole, Sibutramine Hydrochloride, Sumatriptan and Temocapril Hydrochloride are added to the list of medicinal products that may only be sold or supplied on prescription.

( b ) T he circumstances in which Azelastine Hydrochloride, Fluconazole, Hydrocortisone Acetate, Stannous

Fluoride and Terbinafine Hydrochloride may be sold or supplied without prescription are extended.

( c ) Clobetasone Butyrate, Fenticonazole Nitrate, Fluticasone Propionate, Prochlorperazine Maleate and

Terbinafine become products that may in certain circumstances be sold or supplied without prescription.

The Order, which was made by the Health and Social Services Committee on 16th September 2002 after consultation with the Medicines Advisory Council, will come into force on 1st October 2002.

The purpose of this Order is to increase registration fees.

The opportunity has been taken to consolidate in one Order the 1991 Order and its subsequent amending Orders, without substantial amendments.

The Order was made on 18th September 2002 and comes into force on 1st October 2002. R & O 96/2002

The purpose of this Order is to increase the earnings limit above which a Class 1 insured person's earnings shall be disregarded in calculating his or her Class 1 contributions to £2754 a month.

The Order was made on 19th September 2002 and comes into force on 1st  January 2003.

NOTIFICATION OF STANDING ORDER DECISIONS - FINANCE AND ECONOMICS COMMITTEE

(delegated functions)

16th September 2002

  1. as recommended by the Health and Social Services Committee, the lease from Mr. Derek Horsfall and Mrs. Eileen Doris Horsfall, née Chapron, of the property known as Holley Tree House, La Grande Route deSt. Jean, Trinity , for a further period of two years from 1st August 2002 at a revised annual rent of £19,200 (representing £369.23 a week), payable quarterly in advance, subject to a rental increase in line with the Jersey Retail Price Index as at 1st August. Each party would be responsible for its own legal costs arising from this transaction and no deposits were to be paid;
  2. as recommended by the Public Services Committee, and in accordance with terms and conditions which had been agreed with the Bosdet Foundation, the owner of Field No. 50, La Ville des Quennevais, St. Brelade (known as Les Ormes Golf Links), which area had been identified as being the most suitable position for the Ville es Quennevais Foul Sewer Extension Pumping Station -
  1. th e purchase from the Bosdet Foundation of an area of land (measuring 1,364 square feet) required for the construction of a pumping station for a consideration of £1,364;
  2. th e payment to the Bosdet Foundation of a sum of £3,636 for the use of additional land required for a working area in order to construct the pumping station;
  3. th e sale to the Bosdet Foundation of the car park situated in Field No. 15, St. Brelade for a consideration of £10,000;
  4. th e sale to the Bosdet Foundation of the remaining agricultural area of Field No. 15, St. Brelade for a consideration of £10,000;

on the basis that each party will be responsible for its own legal costs arising from these transactions;

  1. as recommended by the Public Services Committee, the entering into of a Deed of Arrangement with La Phare Holdings Limited in respect of Corbière Phare, St. Brelade, which bordered public land administered by the Harbours and Airport Committee, in order to ratify an uncertain boundary, on the following terms -
  1. L a Phare Holdings Limited would acquire from the public two parcels of land (Areas "A" and "B" - measuring 1,410 square feet and 1,058 square feet respectively), for a nominal consideration of £5 each, and in turn the public would acquire from La Phare Holdings Limited one parcel of land (Area "C" - measuring

543 square feet) for a nominal consideration of£10';

  1. a n ew boundary line was to be created between Corbière Phare and the public land, and the public's right of way over Corbière Phare was to be cancelled;
  2. n e w service clauses were to be implemented to cover all existing mains services, including drains, serving both properties. Access rights were to be provided, on the usual terms and conditions, for both parties, and there was to be a contractual obligation for each party to contribute its fair proportion of the costsof the maintenance, upkeep and repair, etc. of those parts of the mains services which were to serve both properties in common. Any parts of the mains services that were to serve one property independently would be the sole responsibility of the relevant party;
  3. L a Phare Holdings Limited was to be granted access rights, on the normal terms and conditions, on to the necessary parts only of the adjoining public land in order to repair and maintain, etc. all enclosures separating its property from the public land. those access rights were to be exercised with due consideration of the Site of Special Interest designation of the public land;
  4. th e existing enclosure clause referred to in a 1955 Deed was to be cancelled in its entirety;
  5. th e existing pedestrian entrance in the southern boundary of the company's property would be permitted to remain. No pedestrian rights of way would be granted to the company over the public land, though the entrance would be used for exercising the company's access rights;
  6. th e cost of the production of the boundary drawings by professional Hi-Tech Services Limited (£2,855) was to be shared equally between the public and Corbière Hotels Limited ((the former owner of Corbière Phare). The Harbours and Airport Committee and the Public services Committee would each be required to pay a quarter of the costs (£713.75 each);

(viii)  each party was to be responsible for the payment of its

own legal expenses incurred in relation to the proposed transaction;

  1. as recommended by the Sport, Leisure and Recreation Committee, the entering into of a Deed of Arrangement with Mr. Alan O'Prey and Mrs. Elizabeth O'Prey, née McNamara, as owners of the property known as Springfield Cottage, Springfield Lane, St. Helier , to provide the required access rights to service two dwellings which were to be constructed on the site of the existing Springfield Cottage which was itself to be demolished. It was noted that terms and conditions had been agreed, as follows -
  1. th a t a covenant be contained in the Deed in order to restrict the development of the Springfield Cottage site to the construction of two semi-detached dwellings of

approximately 1,250 square feet per property, with two car

parking spaces to be allocated per unit;

  1. th at the Deed would require the development to be undertaken strictly in accordance with the planning permission and building regulation approval;
  2. th at the Deed would allow vehicular and pedestrian access to the northern boundary of the site in order to serve the two units;
  3. that in consideration of the rights granted, the beneficiaries would pay to the public a sum of £5,000 upon completion of the Deed and all reasonable legal and other professional fees incurred by the public in relation to the preparation of the necessary Deed of Arrangement;
  4. th at the Deed would provide all necessary rights of access onto the "Springfield Stadium" premises in order to repair and maintain the relevant boundary enclosures (subject to the usual terms and conditions); and
  5. that during the course of the proposed demolition/redevelopment works a full indemnity to the public would be provided with regard to any claims, costs, damages or injuries arising directly or indirectly from the works concerned. Such indemnity was required to be supported by a formal Public Liability Insurance Policy with a minimum level of cover of £2 million sterling, which was to be enforced from the commencement of the works, until such time as practical completion had been achieved.

QUESTION PAPER (See Item G)

Deputy G.P. Southern of St. Helier will ask the following questions of the President of the Finance and Economics Committee -

"1. Income tax exemptions and personal allowances have been

frozen' (not adjusted for inflation) since 1999. The President has indicated the Committee's intention to freeze allowances again in the 2003 budget. Would the President indicate -

(a ) what net increase in tax revenue has been

produced by this measure over the three year period 2000 - 2002?

( i) f r o m marginal tax?

( ii ) f ro m standard rate tax?

(b ) how many persons have been brought into taxation

over that three year period?

(c ) what return is forecast on this year's tax revenue?

  1. Will the President confirm that, apart from the year 1999, income tax exemptions and allowances have remained at the same level since 1990 and indicate -

( a ) th e total increase in revenue? ( i) th ro ugh marginal tax? ( ii ) f ro m standard rate?

( b ) th e total number of additional earners brought

into tax over this 12 year period?

  1. Does the President agree that the figures above confirm the regressive nature of freezing allowances and exemptions in disproportionately affecting the less well off?
  2. Will the President reconsider his proposal to freeze allowances in the 2003 budget and raise the sum indicated in his answer to 1(c) through some more progressive mechanism?"

The Deputy of St. John will ask the following question of the President of the Agriculture and Fisheries Committee -

"In 1992 many tons of potatoes were buried at Beauport which caused leachate pollution. Would the President -

( a )  c onfirm that leachate is still being removed from that

site and give details of the volume removed since dumping began until and including August this year?

( b )  g ive the volume broken down on an annual basis?

( c )  e stimate how much longer leachate will have to be

collected?

( d )  g ive the total cost to the taxpayer to date of collecting

and transporting leachate?"

Deputy G.C.L. Baudains of St. Clement will ask the following questions of the President of the Planning and Environment Committee -

"1. Will the President explain why the St. Helier Street Life

Programme (P.120/2002), stated in July to be of the utmost urgency, has still not been set down for debate, and will he advise when he intends to ask the Assembly to consider the matter?

2. With regard to photographs recently alleged to have been taken of private property by Planning Officers, would the President advise members -

( a ) whether records are kept of properties

photographed indicating when photographs were taken and by whom?

( b )  h ow many private properties his officers have

photographed in the last three years other than in connexion with a planning application or a complaint?

( c ) w hether all occupiers/owners were notified prior

to those photographs being taken and, if not, how many owner/occupiers were not notified in advance?

( d )  d uring the last three years, for what purposes

photographs have been taken and would the President supply numbers for each category?

( e ) w hether the photographs concerned were taken

with digital cameras and whether the images so captured were downloaded onto computers?"

The Deputy of St. Martin will ask the following question of the President of the Home Affairs Committee -

"On 21st May this year the States, in adopting the proposition regarding Confiscation of alcohol: introduction of Legislation (P.46/2002) approved in principle the introduction of legislation to permit police officers to confiscate alcohol in certain circumstances and charged the Committee to prepare and present to the Assembly the necessary draft legislation to give effect to the proposals.

Will the President inform the States of the steps the Committee has taken to comply with the States decision and in particular

(a ) how many times the matter has been discussed at

Committee meetings?

( b ) w hen will briefing instructions be submitted to the

Law Draftsman?

( c ) w hen does the Committee intend to present the draft

legislation to the States for approval?"

The Deputy of St. John will ask the following questions of the President of the Home Affairs Committee -

"1. Would the President explain why it was necessary for the

Department to place a series of advertisements on theory testing for learner drivers, measuring 11" x 7", and containing no more than 60 words, in the Jersey Evening Post and give the cost of these advertisements?

2. As electronic driver theory tests have been installed at an approximate cost of £30,000 and with an average of 3,500 tests per annum, will the President advise whether or not the equipment has far greater capacity than we require and would a different package have been more cost effective?"

Deputy G.C.L. Baudains of St. Clement will ask the following question of the President of the Agriculture and Fisheries Committee -

"During the recent debate on ormers, the Committee rapporteur stated that the population of these shellfish was greater around the Island's coast than compared with our offshore reefs. It is not unusual for the number of French people fishing for ormers at Les Minquiers to outnumber locals on large spring tides and often recently turned stones are visible at a depth that only divers could reach.

Given the above and the fact that divers could work this area just as easily, if not more so, at neap tides, will the President –

( a )  g ive details of the number of occasions and the dates

on which the Department has monitored the Minquiers reef this year for ormer fishing?

(b ) state the number of occasions his officers have

likewise monitored Jersey's coast?

( c) state whether the Committee intends increasing

monitoring of Les Ecréhous and Minquiers' reefs, given its awareness that the reefs are under performing compared with Jersey's coast?

 ( d )   s tate the number of hours, on average, our fishery

protection vessel spends at sea each week."

Deputy G.P. Southern of St. Helier will ask the following questions of the President of the Planning and Environment Committee -

"1. To what extent does the President accept the findings of the

report of the Halpern Partnership (August 2002) into the proposal to designate the Odeon building as a Site of Special Interest (SSI) and in particular -

(a ) th e conclusions set out on page 50 of that

report that -

th  e c in e m  a b u il d ing  does not  have

any special architectural features';

th e in te rio r h a s been completely

altered';

th e O d eo n C i ne m a.. is of no

historical interest'; and

th e O d eo n C i ne m a does not have

special cultural interest attached to it';

(b ) th e re is no realistic alternative use when the

cinema closes';

the Odeon Cinema's designation would blight the site and its surrounding area.'

2. Would the President advise members –

  1. w h e ther the Committee has given due consideration to securing the ongoing upkeep and maintenance of the building, and if so, will these costs fall to the taxpayer?
  1. w h e ther the Committee accepts that the closure of the Odeon opens up the opportunity to co-ordinate appropriate development in keeping with the Town Park project?
  2. w h e ther the Committee will now reconsider the proposal for SSI designation?"

FINANCIAL ASSISTANCE FOR THE COST OF OPHTHALMIC AND DENTAL CARE FOR PERSONS AGED OVER 65: EXTENSION OF SCHEME (P.131/2002) - AMENDMENT.

Before paragraph (a) of the proposition insert a new paragraph (a)

"(a) to   a pprove the extension of the scheme for the remainder of the trial period to include those persons over

the age of 65 years in receipt of HIE and who meet the criteria for eligibility set out in their Act dated 24th April 2001;"

re-number the existing-paragraphs accordingly. CONNÉTABLE OF GROUVILLE

Report

The Finance and Economics Committee, in response to a proposition regarding concessionary television licences for the over 75's, allocated £530,000 for such a scheme. However, a vote of members of the Senior Citizens Association supported funds earmarked for the provision of free television licences to the over-75's being directed towards better chiropody, dental and eye services. The Health and Social Services Committee had allocated £150,000 from its 2001 budget for improving basic health care for senior citizens. These two votes were then amalgamated to provide a fund which has been used to finance the ophthalmic and dental care scheme for persons aged over 65.

The Health and Social Services Committee, Employment and Social Security Committee and Senior Citizens Association formulated proposals for the ophthalmic and dental care scheme. In view of the limited funds and the unknown number of claims that might be received, the scheme was limited to those below tax thresholds but above HIE level and covered only ophthalmic and dental benefits [chiropody was omitted]. The Connétable s were asked to fund ophthalmic and dental benefits to those on HIE, estimated to be 350 people, who would not be covered by the States scheme. The Connétable s were of the view that heath care for the elderly should apply to all the elderly above welfare level and not to certain sections only. However, the Connétable s agreed in principle to meet the costs of ophthalmic and dental benefits for those on HIE but expressed the hope that the States scheme could be extended to cover those on HIE once the actual numbers were assessed.

In its report, the Employment and Social Security Committee says that it has discussed a number of possible ways to amend the scheme to encourage greater take-up of the benefits available and to subsidise other essential healthcare costs. Whilst

proposing an extension of and increase in benefits from 1st July 2002, that Committee gives no commitment to extending the scheme to cover those in receipt of HIE. The Connétable s consider the first priority is to extend the scheme to cover all those over the age of 65 years and who meet the qualifying criteria of residence, savings etc before increasing and extending the benefits payable under the scheme.

A total of 65 persons in receipt of HIE have been assisted by the Parishes and the total cost of claims, for the period 1st September 2001-30th April 2002, is just under £8,000. Of this £4,136 is in respect of claims by persons not born in the Island and the cost has therefore been met by the Employment and Social Security Committee through its welfare vote. The numbers and total cost of those in receipt of HIE assisted by the Parishes is small and should be met from the States funds prior to altering the benefits payable.