Order Paper 29th April 2003

STATES OF JERSEY ORDER PAPER

Tuesday 29th April 2003

1. COMMUNICATIONS BYTHE BAILIFF
2. TABLING OF SUBORDINATE LEGISLATION

(Explanatory note attached)

Maintenance Orders (Facilities for Enforcement) Rules 2003. R&O 28/2003. Superior Number of the Royal Court.

Road Traffic (Public Parking Places) (Jersey) Order 2003. R&O 30/2003. Environment and Public Services Committee.

Road Traffic (Public Parking Places – Charges) (Jersey) Order 2003. R&O 31/2003. Environment and Public Services Committee.

Insurance Business (General Provisions) (Amendment No.  3) (Jersey) R&O 32/2003. Order 2003.

Finance and Economics Committee.

Island  Planning  (Tree  Preservation)  (Saint  Helier)  (Jersey)  Order R&O 33/2003. 2003.

Environment and Public Services Committee.

Island  Planning  (Tree  Preservation)  (Saint  Brelade)  (Jersey)  Order R&O 34/2003. 2003.

Environment and Public Services Committee.

3. MATTERS RELATING TO COMMITTEE MEMBERSHIP

Resignation of Deputy J.B. Fox of St. Helier from the Environment and Public Services Committee.

4. PRESENTATION OF PAPERS

1. Papers for information

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

Jersey Police Complaints Authority: report for 2002. R.C.20/2003. Home Affairs Committee.

Former Gorey Youth Centre, La Chèvre Rue, Grouville : proposed sale P.36/2003. Com. (P.36/2003) – comments.

Finance and Economics Committee.

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

Presented on 15th April 2003

Proposed Translation Policy. Policy and Resources Committee.

States  Members' remuneration:  establishment  of  an  independent P.26/2003. Com.

review body (P.26/2003) – comments. Privileges and Procedures Committee.

Presented on 22nd April 2003

Commission Amicale: report for 2002. R.C.19/2003. Commission Amicale.

Code of Conduct for elected Members of the States (P.32/2003): P.32/2003. Com. comments.

Policy and Resources Committee.

2. Notification of Standing Order decisions

9th and 23rd April 2003

Decisions under delegated functions. Finance and Economics Committee.

3. Notification of acceptance of tenders

23rd April 2003

Incinerator plant fly ash separation streams Nos. 1 and 2: conversion from pneumatic to conventional conveyor belt system.

Environment and Public Services Committee.

4. Papers to be lodged "au Greffe" under Standing Order 17A(1)(a)

Draft Police Force (Amendment No.  9) (Jersey) Law 200-. P.47/2003. Home Affairs Committee.

Draft Motor Traffic (Third Party Insurance) (Amendment No.  11) P.48/2003. (Jersey) Law 200-.

Home Affairs Committee.

Draft Motor Vehicle Registration (Amendment No. 2) (Jersey) Law P.49/2003. 200-.

Home Affairs Committee.

H.M. Prison, La Moye: reception and accommodation block – P.50/2003. approval of drawings.

Home Affairs Committee.

No.  2 La Croix Crescent, La Rue à Don, Grouville : removal of P.51/2003. restrictive covenant.

Home Affairs Committee.

No.  1 Oxford Road, St.  Helier: proposed sale. P.52/2003. Health and Social Services Committee.

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

Lodged on 8th April 2003

Rent Control Tribunal: appointment of members. P.37/2003.

Housing Committee.

Data Protection Tribunal: appointment of members. P.38/2003. Policy and Resources Committee.

European  Convention  for  the  Protection  of  Human  Rights  and P.39/2003. Fundamental Freedoms: extension of Protocol 13.

Policy and Resources Committee.

Lodged on 15th April 2003

Population policy: provision of information and alternatives. P.40/2003. Senator S. Syvret.

Draft Amendment (No.  24) of the Standing Orders of the States of P.41/2003. Jersey.

Telecommunications Board.

Ferryspeed  (C.I.)  Limited,  New  North  Quay,  St.  Helier:  lease  of P.42/2003. warehouse.

Harbours and Airport Committee.

Lodged on 22nd April 2003

Draft Maintenance Orders (Facilities for Enforcement) (Jersey) Law P.43/2003. 2000 (Appointed Day) Act 200-.

Legislation Committee.

Draft Maintenance Orders (Facilities for Enforcement – Convention P.44/2003. Countries) (Jersey) Act 200-.

Legislation Committee.

Draft Maintenance Orders (Facilities for Enforcement – Hague P.45/2003. Convention Countries) (Jersey) Act 200-.

Legislation Committee.

Draft Employers' Liability (Compulsory Insurance) (Authorised P.46/2003. Insurer) (Jersey) Regulations 200-.

Employment and Social Security 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 -

Rent Control Tribunal: appointment of members. P.37/2003. L o d g ed: 8th April 2003.

H o u s ing Committee.

D a ta Protection Tribunal: appointment of members. P.38/2003. L o d g ed: 8th April 2003.

P o li c y and Resources Committee.

D r a ft Amendment (No.  24) of the Standing Orders of the States P.41/2003.

of Jersey.

L o d g ed: 15th April 2003.

T e le c ommunications Board.

F e r ry speed (C.I.) Limited, New North Quay, St.  Helier: lease P.42/2003.

of warehouse. (re-issue) L o d g ed: 15th April 2003.

H a r b ours and Airport Committee.

THE  STATES  are  asked  to  agree  that  the  following  matters  lodged "au  Greffe" be considered at their next meeting on 13th May 2003 -

S ta t e s Members' remuneration: establishment of an P.26/2003. independent   re v i e w body.

L o d g ed  : 18th March 2003.

S en a t or E.P. Vibert .

 S t a tes  Members' remuneration:  establishment  of  an P.26/2003.

independent review body (P.26/2003) – comments. Com. P re s e nted: 15th April 2003.

P r iv i leges and Procedures Committee.

F o rm  er Gorey Youth Centre, La Chèvre Rue, Grouville : P.36/2003.

proposed sale. (re-issue) L o d g ed: 1st April 2003.

E n v ir onment and Public Services Committee.

F o rm  er Gorey Youth Centre, La Chèvre Rue, Grouville : P.36/2003.

proposed sale (P.36/2003) – comments. Com. P re s e nted: 29th April 2003.

F in a n ce and Economics Committee.

E u r o pean Convention for the Protection of Human Rights and P.39/2003.

Fundamental Freedoms: extension of Protocol 13.

L o d g ed: 8th April 2003.

P o li c y and Resources Committee.

D r a ft Maintenance Orders (Facilities for Enforcement) (Jersey) P.43/2003.

Law 2000 (Appointed Day) Act 200-.

L o d g ed: 22nd April 2003.

L e g is lation Committee.

D r a ft Maintenance Orders (Facilities for Enforcement – P.44/2003.

Convention Countries) (Jersey) Act 200-.

L o d g ed: 22nd April 2003.

L e g is lation Committee.

D r a ft Maintenance Orders (Facilities for Enforcement – Hague P.45/2003.

Convention Countries) (Jersey) Act 200-.

L o d g ed: 22nd April 2003.

L e g is lation Committee.

D r a ft Employers' Liability (Compulsory Insurance) P.46/2003.

(Authorised Insurer) (Jersey) Regulations 200-.

L o d g ed: 22nd April 2003.

E m p l oyment and Social Security Committee.

D r a ft Police Force (Amendment No.  9) (Jersey) Law 200-. P.47/2003. L o d g ed: 29th April 2003.

H o m e Affairs Committee.

D r a ft Motor Traffic (Third Party Insurance) (Amendment P.48/2003. No.  11) (J e r se y) Law 200-.

L o d g ed: 29th April 2003.

H o m e Affairs Committee.

D r a ft Motor Vehicle Registration (Amendment No. 2) (Jersey) P.49/2003. Law   2 0 0 -.

L o d g ed: 29th April 2003.

H o m e Affairs Committee.

H . M . Prison, La Moye: reception and accommodation block – P.50/2003. ap p r o val of drawings.

L o d g ed: 29th April 2003.

H o m e Affairs Committee.

N o .  2 La Croix Crescent, La Rue à Don, Grouville : removal of P.51/2003. re s tr i ctive covenant.

L o d g ed: 29th April 2003.

H o m e Affairs Committee.

N o .  1 Oxford Road, St.  Helier: proposed sale. P.52/2003. L o d g ed: 29th April 2003.

H e a lt h and Social Services Committee.

6. PRESENTATION OF PETITIONS
7. QUESTIONS

Senator E.P. Vibert will ask a question of the President of the Policy and Resources Committee regarding trust accounts.

Deputy R.G. Le Hérissier of St. Saviour will ask a question of the President of the Policy and Resources Committee regarding the formulation of international affairs policy.

Deputy C.J. Scott Warr en of St. Saviour will ask a question of the President of the Finance and Economics Committee regarding the estimates of States income for 2004, 2005 and 2006.

Senator E.P. Vibert will ask a question of the President of the Finance and Economics Committee regarding inflation.

Senator P.V.F. Le Claire will ask a question of the President of the Harbours and Airport Committee regarding ferry operators on the Jersey-St.Malo route.

The Deputy of St. John will ask a question of the President of the Housing Committee regarding a Standing Order Land Transaction at the Waterfront Housing Development.

Deputy R.G. Le Hérissier of St. Saviour will ask a question of the President of the Health and Social Services Committee regarding a Health and Social Services Audit Committee report.

Senator P.V.F. Le Claire will ask a question of the President of the Housing Committee

regarding residential housing qualifications.

Senator E.P. Vibert will ask a question of the President of the Education, Sport and Culture Committee regarding the future of Fort Regent.

Senator P.V.F. Le Claire will ask a question of the President of the Policy and Resources Committee regarding the terms of the Island's commitment to the EU tax package.

The Deputy of St. John will ask a question of the President of the Policy and Resources Committee regarding the Public Employees' Contributory Retirement Scheme.

Senator E.P. Vibert will ask a question of the President of the Policy and Resources Committee regarding the Waterfront Enterprise Board Limited.

Senator E.P.   Vibert  will  ask  a  question  of  the  President  of  the  Housing  Committee regarding toxic ash on the Waterfront site and the sale of homes.

Senator P.V.F. Le Claire will ask a question of the President of the Policy and Resources Committee regarding the number of persons in Jersey on work permits.

The Deputy of St. John will ask a question of the President of the Environment and Public Services Committee regarding the refurbishment of Royal Court House/States Building.

The Deputy of St. John will ask a question of the President of the Economic Development Committee regarding woodchip/mulch.

8. MATTERS OF PRIVILEGE
9. PERSONAL STATEMENTS
10. COMMITTEE STATEMENTS
11. PUBLIC BUSINESS

Draft Water (Amendment No.  2) (Jersey) Law 200-. P.24/2003. Lodged: 4th March 2003.

Environment and Public Services Committee.

Code of Conduct for elected Members of the States. P.32/2003. Lodged: 25th March 2003.

Privileges and Procedures Committee.

Code of Conduct for elected Members of the States (P.32/2003): P.32/2003. comments. Com. Presented: 22nd April 2003.

Policy and Resources Committee.

Draft Motor Traffic (No.  10) (Jersey) Regulations 200-. P.35/2003. Lodged: 1st April 2003.

Home Affairs Committee.

Subject to E –

Rent Control Tribunal: appointment of members. P.37/2003. Lodged: 8th April 2003.

Housing Committee.

Data Protection Tribunal: appointment of members. P.38/2003. Lodged: 8th April 2003.

Policy and Resources Committee.

Draft Amendment (No.  24) of the Standing Orders of the States of P.41/2003. Jersey.

Lodged: 15th April 2003.

Telecommunications Board.

Ferryspeed  (C.I.)  Limited,  New  North  Quay,  St.  Helier:  lease  of P.42/2003. warehouse. (re-issue) Lodged: 15th April 2003.

Harbours and Airport Committee.

M.N. DE LA HAYE Greffier of the States

24th April 2003

Explanatory Note regarding subordinate legislation tabled at this meeting.

R&O 28/2003

The  Maintenance  Orders  (Facilities  for  Enforcement)  (Jersey)  Law  2000  replaced  the  Maintenance  Orders (Facilities for Enforcement) (Jersey) Law 1953 with new provisions for obtaining and enforcing maintenance orders between Jersey and Commonwealth jurisdictions.  In addition to its application within the Commonwealth, the new Law enables the extension to Jersey of –

1. t he United Nations Convention on the  Recovery Abroad of Maintenance 1956 ("the  U.N. Convention") which provides a mechanism for dealing with claims formaintenanceagainstabsent defendants;and
2. th e HagueConventionon the EnforcementofDecisions Relating toMaintenanceObligations1973 ("the HagueConvention") whichdeals with the enforcement of existing ordersandempowers the States to extend the provisions applicable to a Commonwealth country to any other country.

The new Law covers four categories of countries –

1. Commonwealth member states  and  their  dependencies, whether or not reciprocal  powers are available;
2. Convention  countries, i.e. countries  party to  the  U.N. Convention  and  which are, therefore, reciprocating countries for the purpose ofmakingclaimsformaintenanceagainstabsentdefendants;
3. H  ague Convention countries, i.e. countries party tothe 1973 Hague Convention and whichare, therefore, reciprocating countries for the purpose of enforcementofmaintenanceorders;
4. N  on-Commonwealth countries not party to either Convention,towhich the same provisions asthose applying toCommonwealth countries can be applied byActof the States.

The Superior Number of the Royal Court is empowered to make Rules of Court prescribing the practice and procedure under the Law.  These draft Rules are intended to make the necessary provisions.

The draft Rules consist of six Parts and seven Schedules.

Part 1 consists only of Rule 1 making provision as to interpretation.

Part 2 consists of Rules 2 to 13 relating to procedures for the enforcement of maintenance orders made in the Island and in Commonwealth countries.

Rule 2 provides for authentication of documents.

Rule 3 provides for the manner of transmission of documents to Commonwealth countries.

Rule 4 provides for the mode of transmission for registration in a Commonwealth country of a maintenance order made in the Island.

Rule 5 and Schedule 1 provide for the form of a request for such registration.

Rule 6 and Schedules 2 and 3 provide for the form of a request for confirmation in a Commonwealth country of a provisional order for maintenance.

Rule 7 provides for the manner of giving notice of proceedings in respect of such an order.

Rule 8 provides for the manner of taking evidence for the purposes of proceedings in a Commonwealth country.

Rule 9 provides for the mode of sending to a court in a Commonwealth country a request for the taking or provision of evidence.

Rule 10 provides for the mode of giving notice of variation, revocation, or confirmation by a court in Jersey of a maintenance order or the setting aside of registration thereof.

Rule 11 provides for the Judicial Greffier to give notice to a payer of maintenance of registration in the Island of a maintenance order made in a Commonwealth country.

Rule  12  requires  the  Judicial  Greffier  to  proceed  in  his  or  her  own  name  for  the  recovery  of  arrears  of

maintenance under a registered maintenance order where the amount in arrears equals four times the sum payable weekly under the order (unless it appears to the Greffier that it is unreasonable in the circumstances to do so).

Rule  13  provides  for  the  sending  of  written  notice  to  the  Lieutenant  Governor  when  the  registration  of  a maintenance order made in a Commonwealth country (including a provisional order) has been cancelled.

Part 3 consists of Rules 14 to 19 governing procedure for enforcement of claims for the recovery of maintenance under the U.N. Convention.

Rule 14 provides for applications by persons in the Island to be made through the Judicial Greffier.

Rule 15 provides for applications by persons in Convention countries for recovery of maintenance in the Island received by the Lieutenant Governor to be sent to the Judicial Greffier.

Rule 16 provides for the giving of written notice to the Lieutenant Governor of a decision of the Royal Court to dismiss an application for maintenance (or variation of maintenance) and a statement of the Court's reasons.

Rule 17 requires the Judicial Greffier to proceed in his or her own name for the recovery of sums due under a maintenance order covered by the United Nations Convention.  As with Rule 12 above, the arrears would have to be four times the sum payable weekly under the order and the Greffier would be able to desist from taking action if the Greffier thought it unreasonable in the circumstances to proceed.

Rule  18 and Schedule  4 provide  for  the  form  of  notice  of  an application for  variation  or  revocation  of  a maintenance order in the case of the defendant residing in a convention country.

Rule 19 provides for the manner of taking evidence in the Island at the request of a court in Convention country.

Part 4 consists of Rules 20 to 28 relating to proceedings for enforcement of maintenance orders under the Hague Convention.

Rule 20 and Schedule 5 set out the form of a request for enforcement of a maintenance order pursuant to the Hague Convention.

Rule 21 and Schedule 6 set out the form of notice to be given of an application when an application is made to a court in the Island for the variation or revocation of a maintenance order.  Notice of the date fixed for the hearing has to be given.

Rule 22 and Schedule 7 set out the form of notice to be given of any eventual order of the court varying or revoking the maintenance order.

Rule 23 provides for giving notice to the Lieutenant Governor (and to the payer) of the registration in the Island of a maintenance order made in a Hague Convention country.

Rule 24 requires the Greffier to give written notice to the Lieutenant Governor of any refusal to register such an order and of the grounds for not doing so.

Rule 25 requires the Greffier to give written notice to the Lieutenant Governor of the setting aside of such an order or of an application to do so.

Rule 26 requires for the Greffier to give written notice to the payer of any appeal against a refusal to register such an order.

Rule 27 requires the Greffier to proceed for recovery of arrears of maintenance in the same way as under Rules 12 and 17 above.

Rule 28 provides for the manner of taking evidence in the Island for the purpose of proceedings in a Hague Convention country.

Part 5 consists only of Rule 29 which makes it clear that, in the enforcement in the Island of any maintenance order under the new Law, the Viscount is to take such steps as he is empowered to take for enforcing a maintenance order under the Maintenance Orders (Enforcement) (Jersey) Law 1999, i.e. by way of an ordre provisoire if need be.

Part 6 consists only of Rule 30 which is the usual citation and commencement provision.

The Legislation Committee is shortly to lodge an Appointed Day Act in relation to the Maintenance Orders (Facilities for Enforcement) (Jersey) Law 2000 and these Rules are expressed to come into force as the same day as Article 44 of that Law, being the Article under which these Rules are made.

This Order regulates parking in public parking places. It varies from the Order it replaces in that –

1. a parking place at Bechetès Cats onLaRuedes Platons, Trinity has been prescribed as a parking place where parking cannotexceed12hours in any periodof24hours;
2. t hedescriptionof the parking places in Fort Regenthas been amended;
3. t henames of the Committeesmentioned in the Orderhavebeenupdated.

The Order was made on 14th April 2003, and comes into force on 28th April 2003.

R&O 31/2003

This Order specifies parking charges. It does not increase the existing charges but merely specifies more accurately where excess parking charges are to be paid.

The Order was made on 14th April 2003, and came into force on the seventh day after it is made. R&O 32/2003

This Order requires an actuary appointed by a permit holder under the Insurance Business (Jersey) Law to prepare a yearly valuation of liabilities relating to the permit holder's long term business and endorse the valuation basis and calculation of the permit holder's solvency position. There are also changes in the conditions applicable to category B permits in that the appointment but not resignation of an auditor will need the approval of the Jersey Financial Services Commission, the financial statements to be furnished to the Commission must be prepared in accordance with certain accounting standards and the permit holder must provide the Commission with a 5-year rolling business plan including appropriate explanations of variances and amendments from year to year.

The Order was made on 23rd April 2003, and comes into force on 1st June  2003.

This Order prevents the cutting down or destruction of certain trees at the former Jersey College for Girls, Rouge Bouillon, St. Helier, Gloster Terrace, Rouge Bouillon, St. Helier, the Ambulance Station, Rouge Bouillon St. Helier and at Sacré Coeur, Rouge Bouillon, St. Helier.

The Order was made on 23rd April 2003, and came into force on the day it was made.

R&O 34/2003

This Order prevents the cutting down or destruction of four trees at Le Mont de la Rocque, St. Aubin. The Order was made on 23rd April 2003, and came into force on the day it was made.

NOTIFICATION OF STANDING ORDER DECISIONS - FINANCE AND ECONOMICS COMMITTEE

(delegated functions)

9th April 2003

1. a s recommended by the Environment and Public Services Committee, the lease to CTS Computing Limited ofgroundfloor office accommodation (measuring 1,660 square feet) at Broadcasting House, Rouge Bouillon,St.Heliertogetherwith six associated car parking spaces, for a periodoffouryears from 25th March 2003 on full repairing andinsuringtermsat an initial annual rent of£30,320, subject to a rent review after two yearsto the higherof Jersey Retail Price IndexorOpenMarketRental value, tobe guaranteed byMessrs.GeoffreyMichael Vibert , Ian EdmundsonandDavid Patrick Creavy, who were to be jointly and severally liable, on the basis that each party would beresponsible for its own respective legal costs arising from this transaction;
2. a s recommendedbytheHousingCommittee, the entering into of a DeedofArrangement with Dandara Jersey Limitedin relation to the rear boundary wall atLordCoutancheCourt, Seaton Place,St. Helier, whereby Menos Limited, on behalf ofDandara, would pay tothepublic£10,000 in exchange for an agreement allowing the areashownonDrawingNo. 11/991/1 JN 125 prepared by the Department o Property Services to be hoarded and the wall removed, with the town brook then to be moved by engineers of the PublicServicesDepartment and the wall replaced byDandarainaccordance with the agreement, not more than six months from the signing of the agreement, on the basis that MenosLimited would be responsible for bothparties' legal costs arising from this transaction;
3. a s recommendedby the Environment and Public Services Committee,therenewal of the lease from Dr. John Thomas Renouf , junior, of the 4/5 bedroom (j)' category propertyknown as MaisonPetitPort,La Route du Petit Port,St. Brelade, required in ordertoaccommodate a Senior Planner of the Planning and Building Services Department, for a period of two years from 1stApril 2002, at a commencingannual rent of £19,999.96, to be revised on 1st April 2003, in line with OpenMarketValue,on the basis that eachparty would beresponsible for its ownlegalcosts arising from the transaction;
4. a s recommendedbytheEconomicDevelopmentCommittee, the entering into of a DeedofArrangement with Mr. Michael John Engleman and Mrs. Eileen AliceEngleman,née Sherwood, in respect of the construction of a granite wall along the access driveof the propertyknownasLeRondin Farm, La Route de laTrinité, Trinity , so as to protect the public'sinterestas the proposed wall would beconstructed on public land administeredby the Departmentof Agriculture and Fisheries, onthebasis that Mr.andMrs. Engleman wouldbe responsible forthepayment of all reasonable legalfeesincurredby the public arising from this transaction;
5. a s recommendedby the Environmentand Public ServicesCommittee, the purchase from Mr. Paul Hugo Fisher of the property Llandaff, LaValléedeSt. Pierre, St. Lawrence,ofanareaof land (measuring 420 square feet), required for roadwideningpurposes,for a consideration of£420 (representing a rate of £1 a squarefoot)and with a paymentof a further £11,744.57 by the public for the construction of the boundary wall and related remedialwork(atotalpayment of £12,164.57), on the basis that each party would be responsible for its own legal costs arising from this transaction;
6. a s recommended by the Harbours and Airport Committee, in respect of offices (N18A - measuring 490 square feet), NewNorth Quay, St. Helier Harbour -

(i )  the annulment of the existing lease to Jersey Cruising School (JCS Yachting (1992) Limited); and

(i i) the lease to Freeport Marine Limited, for a period of nine years from 1st April 2003, at an annual rent

of £9,459.28 (representing a rate of £19.30 a square foot), subject to annual review in line with the Jersey Retail Price Index;

7. a s recommendedby the HarboursandAirportCommittee, the leaseto Jersey HatcheryandFisheries Limited, or to his company, the Bunker (V32B - measuring410 square feet), Victoria Pier, St. Helier Harbour, forthepurposeofestablishing a lobster and/orscallop/ormernursery, for a period of three years from 1st April2003, at an annual rent of £1,705.60 (representing a rateof £4.16 a square foot), subject to annual review on 1st Augusteachyear;
8. a s recommendedby the Harbours and AirportCommittee,theleasetoAqua-MarFisheries Limited, first floor warehousepremises(V125 - measuring 2,888  square feet), VictoriaPier, St. Helier Harbour, for the period 1stApril 2003, to 30th June 2004, at anannual rent of £12,014.08 (representing a rateof £4.16  a square foot), subject to review on 1st January 2004;
9. a s r ecommendedbytheHousingCommittee, the entering into of a DeedofArrangement with Mr. Cyril SnowdonAmyandMrs.Margaret Marie, née Thérin, in respect of the large granite party-ownedwall which separated theformer "SunshineHotel" site, Marett Road, St.Helieron its southern side from Mr. and Mrs. Amy'spropertyknown as "3 ThePebbles", on the basis that the public wouldberesponsible for the paymentof both parties' reasonable legalfees arisng from this transaction;
10. a s recommended by the Housing Committee, the entering into of a Deed of Arrangement with the Belgravia ApartmentsAssociation, owner of the property knownas Nos.  1 and 2 Belgravia, in respect of the rectification of a number of insignificant encroachments affecting The Avenue, off LaGrande Route de la Côte, St.Clement,on the basisof the paymentby the Associationof £2,000 andthepublic's legal fees arising from this transaction;
11. a s recommended by the Harbours and Airport Committee, the lease to GP Express Limitedofwarehouse accommodation known as Airport Lettings Nos. B120 and B121, Freight Terminal Building, Jersey Airport  for  a  period of three  years from  1st  January  2003,  at an initial  annual rent  of £13,655 (representing a rate of £4.72  a square foot) subject to review on1st January 2004, and 1st January 2005, in line with the Jersey Retail Price Index; and,
12. a s r ecommendedby (i) the HousingCommitteeand (ii) the former Public ServicesCommittee, the lease to the Shelter Trust of (i) Nos. 35KensingtonPlace,25 and 27 St. James' Street, 63New Street, St. Helier and (ii) 29 St. James' Street, St. Helier, for a periodof nine years from 1stJanuary2003, at a nominal rent of £10 per property payable as a lump sum upon completionof the lease documentation,on the basis that each party wouldberesponsiblefor its ownlegalcosts arising from this transaction.

23rd April 2003

1. a s recommendedbytheEnvironment and PublicServicesCommittee,in respect of the Café Casino, GrèvedeLecq, St. Ouen, -

(i )  the renewal of the ground lease of the property to Mrs. Sheila Fagan, née Needham, for a period of

nine years from 25th December 2003, at an annual rent of £7,250 subject to increase on the third and sixth anniversaries of the commencement of the agreement in line with the Jersey Retail Price Index, with all other terms and conditions remaining the same as per the agreement dated 9th August 1999; and

( ii ) the assignment, in accordance with Clause  7.30, of the said lease to Mr. Eugene Peter Adolph

Lohmaier and Mrs. Jean Angela Lohmaier, née Watt, on a date to be agreed between the parties;

o n t h e basis that each party was to be responsible for its own legal costs arising from this transaction;

2. a s  recommended by the Education, Sport  and Culture  Committee, the  sub-lease from  First Island Properties  Limited  of the ground floor  offices  (measuring  1,004 square feet) at premises known as Woodford House,Peter Street, St. Helier, for use by the JerseyBusinessSchool as seminarrooms,an office, reception and toilet facilities to provideaneducational training facility inthecentreofSt. Helier,

for a period of three years from 28th April 2003, on an internal repairing basis, at an annual rent of £20,000, with

First Island Properties Limited to undertake the fitting-out of the accommodation to an agreed specification at nil cost to the public, and with each party to be responsible for its own legal costs arising from this transaction; and,

3. a s recommendedby the Environmentand Public ServicesCommittee, the renewalof the lease from Mr. John HenryCurwoodof the property comprising a certain stable building andyardatNo. 46Rouge Bouillon, St. Helierfor a periodof nine years from 9th July 2002, at anannual rent of £5,000 subject to increase in line with the Jersey Retail Price Index on the third and sixth anniversaries of the commencementof the agreement, with all otherterms and conditions toremainthesameas per the existing agreement dated 28th April 1996, and with eachpartytoberesponsible for its ownlegalcosts arising from this transaction.

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

FINANCE AND ECONOMICS COMMITTEE

23rd April 2003

The Environment and Public Services Committee has accepted the sole tender submitted by Jakob Stiefel Gmbh for the conversion of the incinerator plant fly ash separation streams numbers one and two from pneumatic to conventional conveyor belt system in the sum of £217,320.

There was no other tender invited for the contract due to its specialised nature.

QUESTION PAPER (See Item G)

Senator E.P. Vibert will ask the following question of the President of the Policy and Resources Committee -

" ( a) Is the President aware that the Irish Taxation authorities (Irish Revenue) through their Revenue Offshore Assets Group is investigating more than 400 people for tax evasion through trust accounts set up in Jersey by The Bank of Ireland Trust Company (Jersey) Limited, and, if so, what assistance is being offered to the Irish Revenue by Jersey's financial authorities?

( b ) Would the President advise the Assembly how it was possible for these trust accounts set up in

Jersey, bearing in mind the strict controls in place administered by the Jersey Financial Commission, and whether it is still possible for such accounts to be set up in the Island?

(c ) Would the President inform members whether or not this activity places the Bank of Ireland Trust

Company (Jersey) Limited's banking licence at risk, bearing in mind that tax evasion is a criminal offence, and would he agree that international exposure of this type of activity could be extremely damaging to the Island's quest to be regarded as a "squeaky clean" international finance centre?"

Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the President of the Policy and Resources Committee -

" W  o uld the President clarify the actual means by which members will, in future, be involved in the formulation of international affairs policy?"

Deputy C.J. Scott Warr en of St. Saviour will ask the following question of the President of the Finance and Economics Committee -

" W  o uld the President inform members of the criteria used in order to provide the estimates of States Income for 2004, 2005 and 2006?"

Senator E.P. Vibert will ask the following question of the President of the Finance and Economics Committee -

"( a ) Would the President confirm that the rate of inflation for the March quarter of 4.9% would only have

been 4.3% had it not been for the last budget which raised many prices for Islanders?

(b ) In view of the fact that the previous President of the Finance and Economics Committee had stated

that despite the increases, his Budget would not be inflationary, could the President inform the Assembly if he is being advised on inflation by the same advisers who advised the previous President?

(c ) W ould the President also advise members if he intends to present a policy paper on tackling inflation

for debate by the Assembly in the near future?"

Senator P.V.F. Le Claire will ask the following question of the President of the Harbours and Airport Committee -

"I n re sponse to a question by the Deputy of St. John on 1st April 2003, the President stated However, it is

also my understanding that Condor Ferries have supplied information on route viability, but Emeraude Lines have not. I cannot speculate on the reasons for this.'

(a ) Would the President confirm that Emeraude Lines offered the information that would be required to

understand the viability of the route or otherwise and indeed extended invitations to the Committee and others to view it?

(b ) I f the answer to (a) is in the affirmative, why was it not sought?"

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

" O n 18th March 2003, the States were notified of a Standing Order decision under delegated functions to the Finance and Economics Committee, as follows -

a s r e c om mended by the Housing Committee, the sale of a strip of land running through the

underground area immediately under the Jubilee Promenade (adjacent to the Albert Pier Housing car park, at the Waterfront, St. Helier), in order that it might be incorporated into the comprehensive sale of the Waterfront Housing Development, so as to enable the sale of the apartments to be completed whilst retaining the Jubilee Promenade in public ownership, for a nominal consideration of £10, on the basis that the Committee would be responsible for all reasonable legal costs arising from this transaction.'

W o u ld the President explain where the a strip of land running through the underground area

immediately under the Jubilee Promenade (adjacent to the Albert Pier Housing car park, at the Waterfront, St. Helier ), is, and give details of the purchaser?"

Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the President of the Health and Social Services Committee -

" W o uld the President identify if any action has been taken as a result of the Health and Social Services Audit Committee's report entitled Review of Health Services for Older People' dated July 2002, and, if not, the reasons for this?"

Senator P.V.F. Le Claire will ask the following question of the President of the Housing Committee -

" (a ) Does the Committee intend to ask the States to reduce further the residential qualification period in Jersey and, if so, when does the Committee plan to bring the draft Regulations to the States and by how many years will it be recommending that the period is reduced?

(b  ) Does the Committee possess analysis which accurately depicts how a reduction in a year by year

basis on housing qualifications would impact the housing market in Jersey and, if so, would the President supply members with its up-to-date projections?"

Senator E.P. Vibert will ask the following question of the President of the Education, Sport and Culture Committee -

" (a ) In view of the fact that the States of Jersey, on 11th April 2000, adopted P.181/1999 – Fort Regent redevelopment, which supported the in principle redevelopment of Fort Regent into a modern community health and sports centre, would the President explain to the Assembly how the Committee considers that it is within its remit to carry out a new feasibility study at further public expense and which is contrary to P.181/1999, for the purpose of redeveloping Fort Regent by private enterprise and re-locating all sporting activity from Fort Regent to other places around the Island?

(b ) W ould the President further inform members why the Committee has chosen to spend the majority of

the feasibility study budget on studying the opportunities for the redevelopment at Fort Regent in the first instance

before researching whether or not the sporting activities currently being carried out there can be successfully catered for elsewhere?

(c ) W ould the President agree that if these sporting activities cannot be relocated, and if the Environment

and Public Services Committee does not approve the development of a new sports facility at the Le Rocquier site, a feasibility study into redeveloping Fort Regent through private enterprise will not be possible, and, if so, will the President assure members that before committing any more public funds to another feasibility study the Education, Sport and Culture Committee will bring a proposition to the Assembly to rescind the States' decision in support of P.181/1999?"

Senator P.V.F. Le Claire will ask the following question of the President of the Policy and Resources Committee -

" I t h as been announced publicly that Guernsey has decided to opt for a withholding tax instead of exchange of information in connection with the European tax package. Would the President inform members –

(a ) w hat consultation process with representatives of the finance industry has occurred in order to arrive

at the current understanding of an industry preference for exchange of information over a withholding tax and is the Committee satisfied that this option has the support of the vast majority of the industry?

(b ) what difficulties will arise for companies operating in both Guernsey and Jersey, if the two Islands

adopt different approaches to this issue?

(c ) whether it is possible for Jersey to adopt an either/or' approach to this issue thereby allowing some

companies to exchange information and some to opt for a withholding tax, thus retaining as much business as possible and, if not, would he explain the reasons for the Island being unable to do so?

(d ) whether the Committee intends to present a proposition to the Assembly so that the final options and

their implementation relating to this matter may be debated and agreed by all States members?"

The Deputy of St. John will ask the following question of the President of the Policy and Resources Committee -

" W il l the President give details of the sum of the current deficit in the Public Employees' Contributory Retirement Fund (PECRS) for –

(a ) t he Telecommunications Board employees?

(b ) t he employees of the Committee for Postal Administration?

( c ) for all States employees across all States' departments and where possible, broken down by

Committee?"

Senator E.P. Vibert will ask the following question of the President of the Policy and Resources Committee -

" (a ) Would the President inform members what action the Committee has taken to discover the source of alleged leaked information from the Waterfront Enterprise Board, (WEB), to Dandara Jersey Limited regarding the tendering process for the proposed Island site, as alleged by WEB's lawyers in correspondence with Dandara's lawyers dated 28th February 2003, and which was circulated to States members last month, and, if applicable, the outcome of these enquiries, or if not yet pursued, the reasons for the delay?

( b ) Would the President agree that the alleged leak of information is a very serious matter and

undermines public confidence in the tendering process itself given that any such process, by its nature, is confidential?"

Senator E.P. Vibert will ask the following question of the President of the Housing Committee -

" In v iew of the recent publicity regarding contamination on the Waterfront site from toxic ash dumped there during the reclamation process and the possible adverse reaction by lending institutions in this regard, will the Committee be prepared to insert a clause into the contract of sale of the flats which guarantees to purchasers that in the event of the value of their property falling in the future as a direct result of problems with the toxic ash issue, the States will re-purchase the properties from them at the current market value?"

Senator P.V.F Le Claire will ask the following question of the President of the Policy and Resources Committee -

I n the Assembly on 1st April 2003, in response to a supplementary question on the number of persons in

Jersey on work permits who would be able to enjoy full rights should the Island employ a residence scheme for immigration and population control, the President stated -

" that figure clearly does not include those that have left in the same period - there is no suggestion that we have an additional 2,846 people in the Island than we did 24 months ago and that, if I may say so, is a grossly misleading suggestion, to put out into the public arena. It is s im ply not the case"

Is th e President able to justify and substantiate the statement he made?

The Deputy of St. John will ask the following question of the President of the Environment and Public Services Committee -

"( a ) In P.119/2000 entitled Royal Court House/States Building: approval of drawings,' the three new lifts

are stated as being accessible by wheelchairs. Therefore, would the President inform members why the lift located near the Old Library/Royal Court has a step between its access and that of the Court, and what, if anything, the Committee intends to do to rectify this?

(b ) Would the President inform members why there are no tactile warning strips fitted to the top of each