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STATES OF JERSEY ORDER PAPER
Tuesday 28th September 2004
- COMMUNICATIONS BYTHE BAILIFF
- TABLING OF SUBORDINATE LEGISLATION
(Explanatory note attached)
Banking Business (General Provisions) (Amendment) (Jersey) Order R&O 100/2004. 2004
Economic Development Committee.
Road Racing (Motor Vehicle Rally) (Jersey) Order 2004. R&O 101/2004. Home Affairs Committee.
Education (Removal of Governing Body) (Jersey) Order 2004. R&O 104/2004. Education, Sport and Culture Committee.
Extradition (Time Limits) (Jersey) Order 2004. R&O 105/2004. Home Affairs Committee.
Extradition Rules 2004. R&O 106/2004. Superior Number of the Royal Court.
Criminal Proceedings (Computation of Sentences) (Amendment No. R&O 107/2004. 2) (Jersey) Rules 2004.
Superior Number of the Royal Court.
- MATTERS RELATING TO COMMITTEE MEMBERSHIP
Election of President of the Environment and Public Services Committee: question period.
Deputy R.G. Le Hérissier of St. Saviour .
(attached).
Election of President of the Environment and Public Services Committee.
- PRESENTATION OF PAPERS
- Papers for information
Matters presented under Standing Order 6A(1)(a)
Fields 519, 520, 521, 524, 527 and 528, Trinity – rescindment of P.74/2004. planning permit (P.74/2004) – comments. Com. Health and Social Services Committee.
Draft States of Jersey Law 200- (P.124/2004): comments. P.124/2004. Finance and Economics Committee. Com.
Channel Islands Lottery: allocation of profits (P.136/2004) – P.136/2004. comments. Com. Finance and Economics Committee.
Le Marais, St. Clement : redevelopment of low rise Phase I P.145/2004. (P.145/2004) – comments. Com. Finance and Economics Committee.
Car Parking Charges: allocation of additional income to the funding of P.147/2004. transport initiatives (P.147/2004) – comments. Com. Finance and Economics Committee.
Area of land, St. Brelade, adjacent to L53, L53A and L65 Garage site, P.149/2004. L'Avenue de la Commune, St. Peter: transfer of administration Com. (P.149/2004) – comments.
Finance and Economics Committee.
States Members' parking: withdrawal of provision (P.152/2004) – P.152/2004. comments.
Privileges and Procedures Committee.
Matters presented under Standing Order 6A(1)(b)
- Notification of Standing Order decisions
16th September 2004
Committee decisions.
Finance and Economics Committee.
16th September 2004
Decisions under delegated functions. Finance and Economics Committee.
- Notification of acceptance of tenders
- Papers to be lodged "au Greffe" under Standing Order 17A(1)(a)
Sunday Trading (P.107/2004): second amendments. P.107/2004. Connétable of St. Helier. Amd.(2)
Draft Education (Revocation of Provided School) (Jersey) Regulations P.161/2004. 200-.
Education, Sport and Culture Committee.
Draft The Law Society of Jersey Law 200-. P.162/2004. Legislation Committee.
Shadow Public Accounts Committee: appointment of member. P.163/2004 Deputy S.C. Ferguson of St. Brelade.
- Notification of Papers lodged "au Greffe" under Standing Order 17A(1)(b)
- Papers for consideration by the States in Committee under Standing Order 38A
- STATEMENTS AND PROPOSITIONS RELATING TO THE ARRANGEMENT OF PUBLIC BUSINESS AT THIS OR ANY SUBSEQUENT MEETING
In accordance with Standing Order 22(3), the President of the Legislation Committee has instructed the Greffier of the States to withdraw the draft The Law Society of Jersey Law 200-, (P.154/2003 lodged "au Greffe" on 11th November 2003), the Committee having lodged a revised proposition at the present meeting.
Deputy A. Breckon of St. Saviour will ask the States to agree to defer consideration of the following matter set down for consideration at the present meeting –
Court and Case Costs: investigation. P.138/2004. Lodged: 20th July 2004.
Deputy A. Breckon of St. Saviour.
THE STATES are asked to agree that the following matters lodged "au Greffe" be considered at their next meeting on 12th October 2004 -
Speed Limits: revised policy. P.1/2004. Lodged: 20th January 2004.
Environment and Public Services Committee.
Draft Public Holidays and Bank Holidays (Jersey) Act 200-. P.56/2004. Lodged: 20th April 2004.
Legislation Committee.
Court and Case Costs: investigation. P.138/2004. Lodged: 20th July 2004.
Deputy A. Breckon of St. Saviour.
Area of land, St. Brelade, adjacent to L53, L53a and L65 Garage site, P.149/2004. L'Avenue de la Commune, St. Peter: transfer of administration.
Lodged: 7th September 2004.
Harbours and Airport Committee.
Area of land, St. Brelade, adjacent to L53, L53A and L65 Garage site, P.149/2004. L'Avenue de la Commune, St. Peter: transfer of administration Com. (P.149/2004) – comments.
Presented: 28th September 2004.
Finance and Economics Committee.
Bus Service: rescindment of decisions relating to concessionary fares P.150/2004. and adult fares after 8.00 p.m.
Lodged: 14th September 2004.
Deputy R.G. Le Hérissier of St. Saviour .
Field 812A, Bagot Manor Farm, St. Saviour: rezoning. P.155/2004. Lodged: 14th September 2004.
Environment and Public Services Committee.
Shadow Public Accounts Committee: appointment of member. P.163/2004 Lodged: 28th September 2004.
Deputy S.C. Ferguson of St. Brelade.
In accordance with Standing Order 17(6), the following paper is deemed to have been withdrawn -
Income Tax: introduction of higher rate. P.131/2003. Lodged: 9th September 2003.
Deputy G.P. Southern of St. Helier.
Income Tax: introduction of higher rate (P.131/2003) – comments. P.131/2003. Presented: 11th November 2003. Com. Finance and Economics Committee.
- PRESENTATION OF PETITIONS
- QUESTIONS
- Written Questions
The President of the Economic Development Committee will table an answer to a question asked by Deputy T.J. Le Main of St. Helier regarding matters relating to the potato industry.
The President of the Economic Development Committee will table an answer to a question asked by the Deputy of St. John regarding the Jersey Fishing Fleet.
The President of the Finance and Economics Committee will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding certain transactions under Article 134A of the Income Tax Law.
The President of the Education, Sport and Culture Committee will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding class size across the school curriculum for years 10 to 13.
The President of the Employment and Social Security Committee will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the Employment Relations Law.
- Oral Questions
- MATTERS OF PRIVILEGE
- PERSONAL STATEMENTS
- COMMITTEE STATEMENTS
- PUBLIC BUSINESS
Health Insurance (Medical Benefit) (Amendment No. 59) (Jersey) P.157/2004. Regulations 200-.
Lodged: 14th September 2004.
Employment and Social Security Committee.
Le Marais, St. Clement – redevelopment of low rise Phase I. P.145/2004. Lodged: 31st August 2004.
Housing Committee.
Le Marais, St. Clement : redevelopment of low rise Phase I P.145/2004. (P.145/2004) – comments. Com. Presented: 28th September 2004.
Finance and Economics Committee.
Channel Islands Lottery: allocation of profits. P.136/2004. Lodged: 20th July 2004.
Economic Development Committee.
Channel Islands Lottery: allocation of profits (P.136/2004) – P.136/2004. comments. Com. Presented: 28th September 2004.
Finance and Economics Committee.
Fields 519, 520, 521, 524, 527 and 528, Trinity – rescindment of P.74/2004. planning permit. (re-issue) Lodged: 20th April 2004.
Senator P.V.F. Le Claire.
Fields 519, 520, 521, 524, 527 and 528, Trinity – rescindment of P.74/2004. planning permit (P.74/2004) – comments. Com. Presented: 28th September 2004.
Health and Social Services Committee.
Fields 519, 520, 521, 524, 527 and 528, Trinity : Committee of Inquiry. P.156/2004. Lodged: 14th September 2004.
Senator E.P. Vibert .
Draft Fire Precautions (Designated Premises) (Amendment No. 2) P.142/2004. (Jersey) Regulations 200-.
Lodged: 17th August 2004.
Home Affairs Committee.
Assemblée Parlementaire de la Francophonie Executive Committee: P.140/2004. membership.
Lodged: 3rd August 2004.
Connétable of St. Ouen.
Draft Extradition (Jersey) Law 2004 (Appointed Day) Act 200-. P.153/2004. Lodged: 14th September 2004.
Policy and Resources Committee.
Draft Extradition (Designated Territories) (Jersey) Regulations 200-. P.154/2004. Lodged: 14th September 2004.
Policy and Resources Committee.
Draft Postal Services (Jersey) Law 2004 (Appointed Day) Act 200-. P.159/2004. Lodged:14th September 2004.
Economic Development Committee.
Draft Mental Health (Amendment) (Jersey) Law 2004 (Appointed P.148/2004. Day) Act 200-.
Lodged: 7th September 2004.
Health and Social Services Committee.
M.N. DE LA HAYE Greffier of the States
23rd September 2004.
Explanatory Note regarding subordinate legislation tabled at this meeting.
R&O 100/2004.
The object of this Order is to recast the fees for applications for registration under the Banking Business (Jersey) Law 1991 so that the fee will reflect the income of the applicant.
The fee will continue to contain components relating to the applicant's business structure overseas (though in the future without a ceiling on this component) and to whether an application is effectively a first application or renewal application.
The Order was made on 14th September 2004, and comes into force 1st October 2004. R&O 101/2004.
This Order allows the Jersey Motor Cycle and Light Car Club to hold motor races on public roads in the Parishes of St. Saviour, St. Martin, Trinity , St. John, St. Helier, St. Lawrence, St. Peter , St. Ouen and St. Mary, on Friday, 15th October 2004 and Saturday, 16th October 2004.
The road, and the dates and times for which they may be closed for those purposes, are specified in the Schedule to the Order.
This Order was made by the Home Affairs Committee on 14th September 2004, after consultation with the Environment and Public Services Committee.
R&O - 104/2004.
Article 1 amends Schedule 4 to the Education (Jersey) Law 1999 so that there ceases to be a governing body for Les Chênes Residential School.
Article 2 specifies how this Order may be referred to and that it shall come into force 7 days after it is made. This Order was made on 17th September 2004, and comes into force 7 days after that date.
R&O – 105/2004.
Article 11(10) of the Extradition (Jersey) Law 2004 requires that if –
- a personis arrested on a provisional warrantunder the Law;and
- t heMagistrate does not receive within the period to which that Article refers theformal request for extradition and the Attorney General's certificate that the request ismade in the approved way,
the person must be discharged.
That period is ordinarily 45 days, commencing on the date of the person's arrest. However, the Home Affairs Committee may specify longer periods in the case of particular territories.
This Order provides, accordingly, that in the case of any territory specified in the first column of the Schedule to the Order, the period shall be that shown in the second column in respect of that territory.
The Order, which was made by the Home Affairs Committee on 22nd September 2004, will come into force on the same day as the Law.
R&O – 106/2004. These Rules specify –
- t hemannerinwhichanappealunder the Extradition (Jersey)Law 2004 mustbe initiated;
- t heperiod within which such an appealmustbeheardby the RoyalCourt;
- t hemannerinwhich a personmayconsenttohisor her extradition.
These Rules were made on 22nd September 2004, and come into force on the same day as Article 120(4) of the Extradition (Jersey) Law 2004.
R&O – 107/2004.
Rule 1(1) of the 1968 Rules, as amended, provided that, as a general rule, the length of a sentence of imprisonment shall be treated as reduced by any period during which the offender was in custody on remand in connection with the proceedings relating to that offence. However, such period spent on remand is to be disregarded where an offender subject to a probation order or a community service order in relation to that offence breaches the terms of probation or the community service order, as the case may be, and is then sentenced to imprisonment.
The Rule has been amended to add a further provision so that time spend in custody on remand before a person receives a suspended prison sentence is likewise disregarded if the suspended sentence is subsequently activated.
The Rules were made on 22nd September 2004, and come into force on 1st October 2004.
16th September 2004
A s re commended by the Environment and Public Services Committee, the sale to the National Trust for
Jersey of an area of woodland at the rear of the properties known as Les Burons and La Cache, Le Chemin des Maltières, Grouville (as shown on Planning Department Drawing No. 15/388/1), for a nominal consideration of £10, on the basis that each party would be responsible for its own legal costs arising from the transaction.
(delegated functions)
16th September 2004
- A s recommendedby the Harbours and AirportCommittee, the renewalof the lease to George Troy and Sons LimitedofVehicleWorkshopaccommodation(LettingNo. A43B - measuring 1,380 square feet), Albert Pier, St. Helier , for a periodofthreeyears from 1st July 2004, at an annual rent of £8,280, subject to annual review in line with the Jersey Retail Price Index;
- as recommendedby the HarboursandAirportCommittee, the renewalof the lease to BlueWater Supplies Limited of the Old Lifeboat Station (Letting No. A30A - measuring140 square feet), Albert Pier,St. Helier, for a period of three years from 1stJune2004,atanannualrentof£2,044, subject to annual review in line withthe Jersey Retail Price Index;
- a s recommended by the Harbours and Airport Committee, the renewal of lease and/or lease to the undermentioned of the specified marineworkshops situated atLaFolie, St. Helierfor a period of nine years from 1st March 2004 -
( i) Compass Marine Services (Letting No. LF9A - measuring 1,266 square feet) at an annual rent of
£7,659.30;
(i i ) Dave Warn Marine Limited (Letting No. LF9B - measuring 1,156 square feet) at an annual rent of
£6,993.80;
( ii i) Bill Keating Marine Engineering Limited (Letting No. LF9C - measuring 898 square feet) at an
annual rent of £5,432,90; and
(i v ) Fox Marine Services Limited (Letting No. LF9D - measuring 1,524 square feet) at an annual rent of
£9,220.20;
- a s recommendedby the Environmentand Public ServicesCommittee, the lease to Mrs. Alison Claire Crabtree, née Rogers, of the one-bedroom flat with garageandgarden forming part oftheMaison St. Louis Observatory,HighlandsLane, St. Saviour, for an initial periodof12monthsatanannualrentof £7,200, to be subject thereafter to annual review in line with theJersey Retail Price Index, with the agreement to be terminable by either partyupononemonth's notice, on the basis that the tenant wouldbe responsible for occupiers rates, an appropriate share of the water and heating costs, together with electricity and telephonecharges, both ofwhichwere separately metered at the flat;
- a s recommendedby the HealthandSocial Services Committee,the lease to Jersey Telecom Limitedof a Services Distribution (or CAB)RoomatSandybrook Hospital, St.Lawrence (in orderto formalise the lease agreementfollowingthe incorporatisation of the Telecommunications Board), for a periodof99 years, deemedto have commenced from 3rd April 2000, foran initial capital sum of £9,000 andnominal annual rent of £10 without review thereafter, on the basisof the HeadsofTerms outlined in theoriginal report, dated2ndDecember 1999, and as approved by the Directorof Property Services, (the Committee accordingly rescinded its ActNo. A2(a)of 12th November2003);
- a s recommendedby the Education, Sport and Culture Committee, the formalisation of a groundlease to Jersey Telecom Limited (following the incorporatisation oftheTelecommunicationsBoard) for the siting of a Services Distribution Room at Snow Hill, St. Helier for a period of99 years from 25th March2002, (the date whenoccupationof the sitehad been takenunderan original agreement between the then Sport, Leisure andRecreationCommitteeandtheTelecommunications Board), for an initial capital sum of £17,500and a nominal annual rent of £10 without review thereafter, onthebasisof the originalheadsof terms (the Committee accordinglyrescinded its ActNo. A2(b)of 8th January 2004);
- a s recommendedbytheEconomicDevelopmentCommittee, the lease toBelValFarmLimited(Mr. Colin de laHaye)of Fields Nos. 445,447 and 448, St.Martin(measuring 6.02, 2.13 and3.07 vergée respectively), for a periodof3½ years from 1stAugust 2004, atanannual rent of £550 without rent review, on the basis that the Landlord retains the right to give six months written notice at any time during thelease to terminate theagreementin respect ofFieldNo. 445only,and with eachpartytobe responsible for its ownlegalcosts arising from the transaction;
- a s recommendedby the HousingCommittee, the grantof a ground lease to Jersey Telecom Limited in respect of a Service Distribution Room at the Hue Court basementcarpark,Hue Street, St. Helier , for a period of99years from 2nd July 2001, for an initial capital paymentof £10,000 and a nominalannual rent thereafter of £10 without rent review, on the basisofterms and conditions approved by the Director of Property Services;
- a s r ecommendedby the Health and Social ServicesCommittee, the renewal ofthelease from Mrs.Joan Annie Perrée, néeSwift,ofthetwo-bedroom (j) category property (including one parking space)known as Flat 2,Hazlegrove,73RougeBouillon,St. Helier, for a period of two years from 1st July 2004, with an option toextend for a further oneyear,atanannual rent of£10,400 (representing a rate of £200 a week)fixedfor the two-year period, after which - if the option to extendtheagreementistaken - the rent would beincreased in line with the Jersey Retail Price Index.Allotherterms and conditions were to remain the same as the existing lease and eachpartywasto be responsible for its ownlegal costs arising from the transaction;
- a s r ecommendedby the HousingCommittee, the leaseto the Jersey NewWaterworksCompany Limited of anareaof land atLe Clos Orange Estate, LaRuede la Moye,St. Brelade (required to facilitate the provision of a NetworkMonitoring Cubicle - as shown on DrawingNo. 11/1730 (01)), for a period o nine years from the date of passing of the contract, for a one-off initial paymentof £450 for the nine-year period, with theCompanyalsotobe granted rights to lay a buried pipe from its water main to the Cubicle and rights to access the Cubicle for monitoring purposes, on the basis that each party was to be responsible for its ownlegalcosts arising from the transaction;
- a s recommendedby the Education, Sport and Culture Committee, the lease to The National Society for the Prevention of Cruelty to Children, NSPCC Trading Company Limited of a bungalowknownasLe Squez Bungalow, Le Squez School, St. Clement(requiredforusesolelyand exclusively in relation to the NSPCC Pathways Initiative), for a period of nine years from a date tobe agreed, with an option to renew the leaseon the sameterms and conditions save as to the optiontorenew,toberent-free, on the basis that the Lessee was to be responsible for undertaking all refurbishmentworkson the premisesinaccordance with an approved plan and, thereafter, to beresponsible for interior repair, maintenance and decoration, and also for all costs and charges in relation to utilities and all othercosts associated with theoccupancy of the premises. Each partywas to beresponsiblefor its own legal and professional costs arising from this transaction;
- as recommended by the Environment and Public Services Committee, the lease to the Jersey New Waterworks Company Limited of an area of land at La Route des Genets, St. Brelade (required to facilitate the provisionof a NetworkMonitoringCubicle - as shownonDrawingNo. 15/621 (01)), fo period of nine years from the date ofpassingof the contract, for a one-off initial payment of £450 for the nine-year period, with the Companyalsotobe granted rights to lay a buried pipe from its watermain to the Cubicleand rights toaccesstheCubicleformonitoringpurposes,on the basis that each party wasto be responsiblefor its own legal costs arising from the transaction;
- a s recommendedby the Environment and Public Services Committee,theassignmentofleasebyHargay Limited to Miss Gayna Flanagan in respect of Unit 63-65 Central Market, St. Helier (following a partnership restructuring), with effect from the date of passing the contract; and,
- a s recommended by the Environment and Public Services Committee, the assignment of lease by Coleman and Watts to Mr. Shane Kennedy in respectofUnit17-19 and 91Central Market, St. Helier
(following a partnership restructuring), with effect from the date of passing the contract.
WRITTEN QUESTION PAPER (See Item G)
The President of the Economic Development Committee will table an answer to the following question asked by Deputy T.J. Le Main of St. Helier -
" W ould the President inform members –
( a ) of the total amount of expenditure that has so far been granted to the proposed vodka manufacturing
project, both in the form of direct payment and indirect support via the Jersey Potato Export Marketing Board?
( b ) whether the vodka manufacturing project has received the support of the potato growing industry, and, if
so, whether a contract for potato supply has been arranged; if not, how feasible is the project in the absence of such a contract for the supply of potatoes?
( c ) of the total amount of expenditure so far on the creation and maintenance of both the Jersey Potato
Export Marketing Board and the Jersey Potato Export Marketing Scheme together with the cost, to date, of defending the scheme in Court, if any?
( d ) of the current status with regard to the Jersey Royal Potato Export Scheme, and the level of acceptance
of it by the industry, and what, if any, the effects will be both on the industry and the tax-payer in the event that the States wins the forthcoming Court case, or loses it? and,
( e ) whether the majority of potato exports will be classed illegal in the event that the States win the Court
case, and what the likely legal bill will be in the event that the State loses it, and what steps are being taken to minimise any further expenditure relating to this matter?"
The President of the Economic Development Committee will table an answer to the following question asked by the Deputy of St. John -
" W ould the President inform members –
( a ) whether the ongoing matter of the Jersey Fishing fleet, who have applied to fish in Guernsey waters, has
been resolved, thereby enabling Jersey Fishermen to fish in Guernsey waters, and, if not, would he advise what actions the Committee is taking to progress matters, and, in particular, to pursue the legal action if necessary? and,
( b ) whether the fishing industry is to receive any aid to cover losses of earnings?"
The Vice-President of the Finance and Economics Committee will table an answer to the following question asked by Deputy G.P. Southern of St. Helier -
" F urther to questions asked on 11th May 2004, regarding the ability of the Comptroller of Income Tax to rule on cases of tax avoidance under Article 134A of the Income Tax Law for the full year to April 2004, would the President inform members –
( a ) what types of transaction were wholly or partly counteracted under the Article?
( b ) if all the transactions had been wholly counteracted, how much extra tax would have been collected, and
how much extra tax was actually collected?
( c ) why the distinction is made between total value and profits?
( d ) what proportion, if any, involved roll-up funds or similar revenue-to-capital transfers?
( e ) what proportion of these transactions and of their value involved financial service companies, private
individuals and single director/shareholder companies? and,
( f) what factors distinguish those which were counteracted from those allowed?"
The President of the Education, Sport and Culture Committee will table an answer to the following question asked by Deputy G.P. Southern of St. Helier -
" W ill the President provide members with figures relating to current class size across the curriculum for years 10 to 13 for Hautlieu School, Victoria College and JCG and confirm that the Department's commitment to maintaining "front-line services" continues to be met in the face of the rise in the number of students at Hautlieu?"
The President of the Employment and Social Security Committee will table an answer to the following question asked by Deputy G.P. Southern of St. Helier -
" ( a) The Employment Forum has recently sent out a consultation document on the codes of practice to be created under the proposed Employment Relations Law. Will the President publish the full list of consultees initially contacted?
( b ) Is the Committee satisfied that the proposed Law complies with the requirements of Article 3 of the ILO
Convention Number 87 on Freedom of Association, and of Article 8(1)(d) of the International Covenant on Economic and Social Rights of the United Nations, which states that parties to the Covenant undertake to ensure "the right to strike, provided it is exercised in conformity with the laws of the particular country"?
( c ) Is the Committee prepared to make a reference to the ILO Committee of Experts to seek the view of the
ILO before the proposed Law is introduced, and what assurance can the President give to employees and their representatives on the Island over the protection of their current rights?"
PROPOSITION
THE STATES are asked to decide whether they are of opinion -
to a g ree that during the election of the President of the Environment and Public Services Committee on
28th September 2004 members of the States shall be permitted to ask questions of each candidate nominated for the position for a period not exceeding fifteen minutes for each candidate once the candidate concerned has, in accordance with the provisions of Standing Order 41(1B), addressed the States for no more than five minutes setting out the manner in which he or she would propose to discharge his responsibilities as President.
DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR
Report
Members will recall that during the election of the President of the Policy and Resources Committee in December 2002 a period of questioning took place after the 5 minute speech given by each of the 3 candidates. The trial was deemed to be a success, particularly as it enabled members to raise matters in questioning that the candidates themselves had not addressed.
Recent events have shown that the election of the President of the Environment and Public Services Committee will be an extremely important decision for the States with the many difficult and controversial issues facing the Committee at the present time. I therefore believe that it would be helpful to repeat the experiment used in 2002. If it proves to be successful again I will suggest to the PPC that a permanent change should be made to Standing Orders so that the question period can be used for any election of a Committee President before the start of the ministerial system in December 2005.
There are no financial or manpower implications arising out of this amendment.