Order Paper 21st January 2003

STATES OF JERSEY ORDER PAPER

Tuesday 21st January 2003 at 10.15 a.m.

1. COMMUNICATIONS BYTHE BAILIFF
2. TABLING OF SUBORDINATE LEGISLATION

(Explanatory note attached)

Data Protection (General Provisions) (Amendment No.  3) (Jersey) Order 2003. R&O 1/2003.

Finance and Economics Committee.

3. MATTERS RELATING TO COMMITTEE MEMBERSHIP
4. PRESENTATION OF PAPERS

1. Papers for information

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

States  of  Jersey  Law  1966,  as  amended:  delegation  of  functions - R.C.1/2003. administration of public finances.

Finance and Economics Committee.

Fields  761  and  762,  St.  Peter:  exchange  of  land  (P.239/2002) - P.239/2002. comments. Com. Finance and Economics Committee.

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

2. Notification of Standing Order decisions

15th January 2003

Decisions under delegated functions. Finance and Economics Committee.

3. Notification of acceptance of tenders
4. Papers to be lodged "au Greffe" under Standing Order 17A(1)(a)

States members' remuneration (P.238/2002): amendment. P.238/2002. Deputy T.J. Le Main of St. Helier . Amd.

Bailiff 's Consultative Panel - membership. P.2/2003. Senator J.A. Le Maistre

5. Notification of Papers lodged "au Greffe" under Standing Order 17A(1)(b)

Lodged on 31st December 2002.

Fields 761 and 762, St. Peter : exchange of land. P.239/2002. Harbours and Airport Committee.

Field 790, L'Avenue de la Reine Elizabeth II, St. Peter . P.240/2002. Deputy of St. John.

Lodged on 14th January 2003.

Draft Plant Health (Jersey) Law 200-. P.1/2003. Economic Development Committee.

6. Papers for consideration by the States in Committee under Standing Order 38A

5. STATEMENTS  AND PROPOSITIONS  RELATING  TO THE ARRANGEMENT  OF  PUBLIC  BUSINESS  AT  THIS  OR  ANY SUBSEQUENT MEETING

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

Draft Advocates and Solicitors (Amendment No.  3) (Jersey) Law 200-. P.233/2002. Lodged: 3rd December 2002.

Legislation Committee.

Draft Public Elections (Amendment) (Jersey) Law 200-. P.234/2002. Lodged: 10th December 2002.

Legislation Committee.

Projet de Loi (200-) (Amendement) au sujet des Centeniers et officiers P.235/2002. de police.

Lodged: 10th December 2002.

Comité de Législation.

THE  STATES  are  asked  to  agree  that  the  following  matters  lodged "au  Greffe" be considered at their next meeting on 4th February 2003 -

Jersey Heritage Trust: amendments to constitution. P.37/2002. Lodged: 19th March 2002.

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

Draft Customs and Excise (Amendment) (Jersey) Law 200-. P.230/2002. Lodged: 26th November 2002.

Home Affairs Committee.

In  accordance  with  Standing  Order  22(3)   Deputy  Alan  Breckon  of  St.  Saviour  has instructed  the  Greffier  of  the  States  to  withdraw  the  proposition  regarding  Jersey Consumer  Council;  transfer of responsibility  (P.167/2001  lodged "au  Greffe" on  6th November 2001).

6. PRESENTATION OF PETITIONS
7. QUESTIONS

Deputy  G.C.L.  Baudains of St. Clement  will  ask a  question  of  the  President of the Harbours and Airport Committee regarding the breakdown of the Elizabeth Marina gates.

Deputy G.P. Southern of St. Helier will ask a question of the President of the Housing Committee regarding the monitoring of policies on the level of private sector rentals.

Deputy G.P. Southern of St. Helier will ask a question of the President of the Housing Committee regarding rent increases and rent abatement for States tenants.

Deputy M.F. Dubras of St. Lawrence will ask a question of the President of the Health and Social Services Committee regarding the Health Funding Review.

8. MATTERS OF PRIVILEGE
9. PERSONAL STATEMENTS
10. COMMITTEE STATEMENTS

The  President  of  the  Privileges  and  Procedures  Committee  will  make  a  statement regarding the progress of the work of that Committee.

The President of the Special Committee on the Composition and Election of the States Assembly will make a statement regarding the progress of the work of that Committee.

11. PUBLIC BUSINESS

States Building refurbishment Phase 2: approval of drawings. Environment and Public Services Committee.

(attached)

Draft Health Insurance (Amendment No.  13) (Jersey) Law 200-. P.222/2002. Lodged: 26th November 2002.

Employment and Social Security Committee.

Draft Family Allowances (Amendment No.  6) (Jersey) Law 200-. P.223/2002. Lodged: 26th November 2002.

Employment and Social Security Committee.

Subject to E -

Draft Advocates and Solicitors (Amendment No.  3) (Jersey) Law 200-. P.233/2002. Lodged: 3rd December 2002.

Legislation Committee.

Draft Public Elections (Amendment) (Jersey) Law 200-. P.234/2002. Lodged: 10th December 2002.

Legislation Committee.

Projet de Loi (200-) (Amendement) au sujet des Centeniers et officiers P.235/2002. de police.

Lodged: 10th December 2002.

Comité de Législation.

M.N. DE LA HAYE Greffier of the States

Members are reminded that the Service of Dedication in the Parish Church of St. Helier will take place at 9.30 a.m. prior to the States' meeting.

16th January 2003

Explanatory Note regarding subordinate legislation tabled at this meeting.

R & O 1/2003

The purpose of this Order is to amend the Data Protection (General Provisions) (Jersey) Order 1990 to increase the fees charged by the Data Protection Registrar for the registration of data users and of persons carrying on computer bureaux and for the renewal of that registration. These fees were last increased in 1991.

The Order was made on 15th January 2003 and comes into force 7 days after it was made.

NOTIFICATION OF STANDING ORDER DECISIONS - FINANCE AND ECONOMICS COMMITTEE

(delegated functions)

15th January 2003

1. a s recommended by the Education, Sport and Culture Committee, the entering into of a Deed of Arrangement with Mr. Alan O'Prey and Mrs. ElizabethO'Prey, née McNamara in order to provide access rights to service thetwodwellingswhichweretobe constructed on the siteof the existing (but tobedemolished) Springfield Cottage, Springfield Lane, St. Helier , on the basis that the developmentof the said site would not have a detrimental effect on the Committee'sproperty and that such development would be restricted to the construction of two semi-detached dwellings of approximately 1,250 square feet per property, with two car parking spaces per unit. Vehicular and pedestrian access would be permitted to the northern boundary of the site in order to serve the two units. In consideration ofthe rights to be granted the beneficiaries wouldpayto the public a sum of £5,000 upon completionof the deed,and all reasonable legal and professional fees incurredby the public in relation tothepreparation of the necessary Deedof Arrangement;
2. a s recommendedby the Health and SocialServicesCommittee, the lease from Mr.JohnSteven Warr en andMrs. Katherine Grace Warr en,néeMelly,ofNo. 8 Devon Avenue,Green Road, St. Clement , required for accommodationforLocumConsultants, for a period ofthree years from 11th November 2002, onaninternal repairing basisat a commencingannual rent of£19,000, payable quarterly in advance, subject toannual rent increases in line with the Jersey Retail Price Index asat 11th Novembereach year, with anoption to renew the leasefor a further three-year period. Each party would be responsible for its ownlegalcosts in relation to this transaction;
3. a s recommendedby the Health and Social ServicesCommittee,thelease from Mr.RoyHuelin Vibert ofNo. 5 Baycroft Close,InnerRoad, St. Clement, required foraccommodation for Locum Consultants, for a period of five years from 15th November2002,onan internal repairing basisat a commencingannual rent of £13,324.48, payable quarterly in advance, subject to annual rent increases in line with the Jersey Retail Price Indexasat 1st July each year (in ordertocoincide with the other properties leased bythe Committee at Baycroft Close), with an option to renew the lease for a further five-year period. Eachparty would beresponsible for its ownlegalcostsin relation to this transaction;
4. a s recommendedby the Education,Sport and Culture Committee, the leaseto the Jersey Society for the Provision of a Children'sResourceCentreofbasementandground floor, first floor and external areas (shownhatchedon plans Nos.4151/28, 4151/29 and 4151/30) of the Farewell Wing of the former Jersey CollegeforGirlspremises,LaPouquelaye, St. Helier , for a period of 21 years commencing from the date ofcompletionof the proposedrefurbishment works which were being undertaken onbehalfofthe lessor by the EducationDepartment.The use of the gymnasiumwas to be subject tojoint use until2003 once the Langford Sports Centre had been completed. Theannual rent payable by the lessee wouldbeat the nominal sum of £10 payable at that rate throughout the term of the lease. Each party would bear its respective legal and professional costs incurred in connexion with the granting of this lease. The lessor would undertake to insurethe building fabric against the usual perils under the States block insurance policy;
5. a s recommended by the Finance and Economics Committee, the entering into of a Deed of Arrangementwith the Parish ofSt. Helier in respect of anexchangeandcounter-exchangeof land in order to re-define the boundary between the site of the Cyril LeMarquandHousecar park (being the site of the proposed Magistrates Court development) and the site of the formerParish Yard, Lempriere Street, St. Helier (immediately to the north). The parcels of land to be exchanged (shown hatched and cross-hatched on Public Services Department Drawing No. 2749/B10 dated November2000) were of similar proportions (measuring approximately ten square metres) andeachparty would pay the sum of £10 to acquire the areas of land concerned.

Each party would also bear its respective legal costs in connexion with this transaction;

6. a s recommendedbytheHarbours and AirportCommittee,the sale to the Jersey RugbyFootball Club LimitedofFieldNo. 790,St.Peterfor the sum of£11,000for use as a practice pitch, on the basis that theClubwouldberesponsible for undertaking all works toconvertthe field and that a restrictive covenantwouldbe placed on the land, in perpetuity, inorderto prevent any form of development, other than that associated with its permitted use. Access rights would be granted to allow the maintenanceof the boundary to thenorthof the field and a new fence was to bebuiltby the publicalong the western boundary;
7. a s recommendedby the Environment and PublicServicesCommittee, the lease toMr.Robert Edward Furness of the bunkerattheLe Braye Slipway, St. Brelade for a period ofnineyears from 25th December 2001, at anannual rent of£218.47, subject toannual increases in line with the Jersey Retail Price Index. Each party wouldbe responsible for its ownlegal costs in relation to this transaction andnodeposits were to bepaid;and,
8. as recommended by the Environment and Public Services Committee, the purchase from Clerwood Limitedofan area of land (measuring 470 square feet) adjacent to Sandycroft,La Grande Route des Sablons, Grouville (required to facilitate the constructionof a pavement),for a consideration of £470 (representing a rate of£1 a squarefoot),on the basis that the Committee would beresponsible for the cost of the construction works involved and for bothparties' legal costs associated withthe transaction, and that the Planning and Environment Committee would be responsible for the cost of the accommodation works required.

NOTIFICATION OF ACCEPTANCE OF TENDER UNDER RULE 5 OF THE PUBLIC FINANCES (GENERAL) (JERSEY) RULES 1967, AS AMENDED -

FINANCE AND ECONOMICS COMMITTEE

15th January 2003

The Health and Social Services Committee has accepted the preferred tender for the contract to replace the CT Scanner, namely that submitted by G.E. Medical Systems in the amended contract sum of £784,079.

The Committee noted that the other amended tenders received were as follows -

C o n tractor:     C  o rr e c te d te n d e r t o ta l :  

P h il ips       £ 7 7 8 ,2 1 8     S ie m  ens     £ 8 6 4 , 1 1 8    

QUESTION PAPER (See Item G)

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

With regard to the breakdown of the Elizabeth marina gates, would the President advise members -

(a )  why notices were not immediately put in a conspicuous position (such as at the top of

the ramp') to advise boat owners of the problem and how long the delay was before they were so put?

(b )  whether a comprehensive set of most likely needed spares is kept for the gates and if

not, why not?

(c )  whether boat owners with contracts will be reimbursed for the period normal facilities

were denied them?

Deputy G.P. Southern of St. Helier will ask the following question of the President of the Housing Committee -

The report accompanying the Housing Committee's Strategic Policy Report (P.2/2002), paragraph. 3.1.1 (vi) - monitoring the effects of policy - states that other information such as the price of homes, for sale and rent, should also be recorded accurately and on a regular basis' (to help guide policy).

Would the President inform members what steps have been taken to monitor the effects of his policies on the level of rentals in the private sector?

Deputy G.P. Southern of St. Helier will ask the following question of the President of the Housing Committee -

1. Will the PresidentofHousing inform memberswhatlevelof rent increase for States tenants is under consideration by the Committee for implementation in April 2003?
2. Last year the rent abatement application form contained a new section where tenants were asked to declare all benefitsreceived. Tenants were assured atthetime that these benefits were to be disregarded (not taken into account when calculating the level of abatement). Would the President assure members that such benefits will continue tobedisregardedin 2003?

Deputy M.F. Dubras of St. Lawrence will ask the following question of the President of the Health and Social Services Committee -

1. Would the President indicate whenmembers will be receiving an unabridgedversionof the Health Care FundingReview?
2. Would the President explain whymembers have notreceived a copy of this reportgiven that it wasquotedduring the Budget debate?

PROPOSITION

STATES BUILDING REFURBISHMENT PHASE 2: APPROVAL OF DRAWINGS

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

to refer to their Act dated 19th July 2000, in which they approved drawings showing Phase One and Phase Two of the proposed refurbishment of the Royal Court/States Building, and –

1. to approve revised drawings Nos. 2980/13 (B)and102(D)showingPhaseTwooftherefurbishmentof the States Building, Royal Square, St. Helier , to provide improvedaccommodation for States membersas agreed with the Privileges andProceduresCommittee;
2. to authorisetheGreffierof the States to sign thesaid drawings on behalf of the States; and
3. to agree that the commencementofPhaseTwoof the refurbishmentworks should bebrought forward to coincide with the completion ofworksbeingundertakenas part ofPhaseOne.

ENVIRONMENT AND PUBLIC SERVICES COMMITTEE.

Note:  The Finance and Economics Committee is prepared to sanction the proposed Phase II refurbishment

works on the basis that the total cost would be contained within a maximum sum of £1 million. The Committee agrees to transfer a maximum sum of £1 million from the Capital Reserve Vote (C0070) in order that the Environment and Public Services Committee may fund the works to be undertaken.

Report

Introduction

On 19th July 2000, the States adopted the Public Services Committee proposition as amended -

"(a) to approve drawings Nos. 2980/13, 21(A), 22(A), 24(A), 25(A), 101(C), 102(L), 103(B), 104(A), 105(B), 201(D), 202(F), 300(A) showing Phase One and Phase Two of the proposed refurbishment of the Royal Court/States Building excepting that the proposed usage and allocation of space described with the drawings should not be fixed until the needs of the legislature could be assessed in the light of the recommendations of the Machinery of Government, and approved drawings Nos. 105(E), 600, 601 and 602 (A) illustrating the proposed alterations to the existing caretaker's flat; and,

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

Although approval of the drawings by the States made reference to Phase Two of the works, the funds were only sufficient to carry out Phase One. This was clearly highlighted in the previous Report under "Programme" where the Phase Two works were anticipated to commence in August 2004, ie., the first available year for funding a Capital Project at that time.

Background

Following receipt of competitive tenders, Stansell QVC Limited were awarded the contract for Phase One in the sum of £5,690,900. The work has progressed well in spite of numerous unforeseen circumstances, including substantial amounts of hidden asbestos, and an increase in the scheduled number of States Meetings. The

extended contract completion date is scheduled for 20th January 2003 and it is anticipated the final account will be within the contract sum excluding the cost of fluctuations (estimated at £250,000), the provision of IT

infrastructure in the States Chamber funded by JISC (£21,000), and the additional security measures requested (£20,000 as part of the contract).

The total budget currently allocated to Phase One of £7,320,700 is likely to be exceeded by the estimated cost of fluctuations, and a balancing figure for asbestos removal. These costs are legitimate claims against the Fluctuations and Risk Reserve held by Treasury and additional funds will be requested when the final figures are ascertained.

A review of States Members accommodation needs was undertaken by the recently created Privileges and Procedures Committee. The conclusion reached was that the originally proposed conversion of the Land Registry to provide three meeting rooms, a library and a common room supplemented by the use of the gallery to the former library would provide sufficient shared space for States Members.

Negotiations were entered into with Stansell QVC Limited on the basis that they had submitted the lowest tender for Phase One, they were familiar with the building and in principle were prepared to apply the same competitive rates to Phase Two. Stansell QVC Limited were requested to submit two quotations, one on the basis of continuing straight on with Phase Two after completion of Phase One and an alternative for including a substantial gap between the two phases. The cost difference identified between the quotations was in the order of £140,000 (excluding fees). The most cost effective option being the one which continued straight on with Phase Two.

As no funds had been allocated to Phase Two of the refurbishment at this time the Privileges and Procedures Committee with the agreement of the Public Services Committee, decided to meet with the Finance and Economics Committee in a final effort to convince members of that Committee that the figure negotiated with the contractor, Stansell QVC Limited, did represent value for money and the saving identified of £140,000 (excluding fees) by continuing straight on with Phase Two was worth pursuing.

On 29th November 2002, the Finance and Economics Committee received the Presidents and Officers of the Privileges and Procedures and Public Services Committees. It was agreed that the proposal was a sensible way to

proceed and that the Treasurer would ascertain the most appropriate funding route. The Public Services Committee were requested to endeavour to reduce the figure negotiated with Stansell QVC by a target of 20%.

Scope of Phase Two Work

Alterations and improvements to existing accommodation including the following:

• Conversion of the existing ground floor members' room to provide a third Committee Room.

• Conversion of existing Land Registry to provide facilities for States Members, including a library, common room, three interview rooms and a small kitchen.

• Decoration of the existing Members Room at first floor.

• Provision of a media interview room.

• Provision of the necessary mechanical and electrical services associated with the works in Phase Two.

• Provision of facilities for electronic voting.

• Conversion of the gallery of the former library for States Members use.

Budget

The original budget submitted by Stansell QVC Limited in the sum of £877,539 included only £400,000 of building cost and upgrading the existing lift car.  Following discussions with Stansell QVC Limited a total of £80,000  was  taken  out  of  this  element  of  their  tender ie.,  20%.  A  further £24,451  was  taken  out  of  the Mechanical and Electrical works following receipt of quotations from the two nominated sub-contractors.  In summary the contract costs for Phase Two would be as follows:

Stansell QVC Original Quotation £877,539 Reduction in Stansell QVC works (20%) (£80,000) Reductions to Mechanical & Electrical (£24,451) Revised Quotation £773,088 Other Costs Furniture (provisional) 50,000

Temporary security (6 months) 12,000

Temporary Court Costs and Bus 7,500 Asbestos (provisional) 5,000 Ushers Overtime (provisional) 5,000 Professional Fees 90,000

£942,588 TOTAL

The relocation of the Courts and associated costs are still budgeted in Phase One.

Funding/Manpower

There is no approved funding for Phase Two of the project within the current capital allocation or forward programme to 2005 contained in the Resource Plan 2002 as approved by the States.

The Finance and Economics Committee, having noted the significant financial and non-financial advantages to be obtained by continuing the works into Phase Two with the existing contractor, agreed that the proposed course of action was in the best interests of the States.

The Finance and Economics Committee considered that the unallocated sum contained in the Capital Reserve Vote was the most suitable source of funding as it would not impact on the previously agreed capital programme. The use of the Capital Reserve for this purpose must be considered as exceptional and should not be seen as a precedent for circumventing the capital allocation process.

There are no manpower implications for the States. Programme

Phase One Contract Completion extended to 20th January 2003 Phase Two Anticipated Commencement 21st January 2003 Anticipated Completion 25th July 2003