Order Paper 7th June 2005

STATES OF JERSEY ORDER PAPER

Tuesday 7th June 2005

1. COMMUNICATIONS BYTHE BAILIFF
2. TABLING OF SUBORDINATE LEGISLATION

(Explanatory note attached)

Shipping (Fees) (Jersey) Order 2005. R & O 53/2005 Harbours and Airport Committee.

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

1. Papers for information

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

Migration: monitoring and regulation (P.25/2005) - Shadow Scrutiny S.R.5/2005 Panel Report.

Deputy G.P. Southern of St. Helier.

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

31st May 2005

Draft Waste Management Strategy (S.R.4/2005): response of the S.R.4/2005. Res. Environment and Public Services Committee.

Environment and Public Services Committee.

2. Notification of Standing Order decisions

2nd June 2005

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)

Public Employees Contributory Retirement Scheme Committee of P.102/2005. Management: appointment of Chairman.

Finance and Economics Committee.

Draft Taxation (Agreements with European Union Member States) P.103/2005. (Jersey) Regulations 200-.

Policy and Resources Committee.

Units 1 and 2, L'Avenue Le Bas, La Rue des Pres Trading Estate: re- P.104/2005. assignment of leases.

Committee for Postal Administration.

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

31st May 2005

Public Employees Contributory Retirement Scheme Committee of P.100/2005. Management: membership.

Policy and Resources Committee.

States Members' Remuneration Review Body: amended terms of P.101/2005. reference.

Privileges and Procedures 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 their next meeting on 21st June 2005 –

Migration: monitoring and regulation. P.25/2005. Lodged: 8th February 2005.

Policy and Resources Committee.

Migration: monitoring and regulation (P.25/2005) – comments. P.25/2005. Presented: 5th April 2005. Com. Finance and Economics Committee.

Freedom of Information: proposed legislation. P.72/2005. Lodged: 19th April 2005.

Privileges and Procedures Committee.

Island Plan 2002: changes to Built-up Area boundary. P.77/2005. Lodged: 19th April 2005.

Environment and Public Services Committee.

Island Plan 2002: changes to Built-up Area boundary (P.77/2005) – P.77/2005. amendments. Amd. Lodged: 3rd May 2005.

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

Island Plan 2002: changes to Built-up Area boundary (P.77/2005) – P.77/2005. second amendments. Amd.(2). Lodged: 3rd May 2005.

Senator L. Norman.

Island Plan 2002: changes to Built-up Area boundary (P.77/2005) – P.77/2005. third amendments. Amd.(3) Lodged: 10th May 2005.

Deputy J.A. Hilton of St. Helier .

Income Support System. P.86/2005. Lodged: 26th April 2005.

Employment and Social Security Committee.

Jersey Employment Tribunal: appointment of members. P.97/2005.

Lodged: 24th May 2005.

Employment and Social Security Committee.

Draft States of Jersey (Amendment No.  2) Law 200-. P.98/2005. Lodged: 24th May 2005.

Privileges and Procedures Committee.

Public Employees Contributory Retirement Scheme Committee of P.100/2005. Management: membership.

Lodged: 31st May 2005.

Policy and Resources Committee.

States Members' Remuneration Review Body: amended terms of P.101/2005. reference.

Lodged: 31st May 2005.

Privileges and Procedures Committee.

Public Employees Contributory Retirement Scheme Committee of P.102/2005. Management: appointment of Chairman.

Lodged: 7th June 2005.

Finance and Economics Committee.

Draft Taxation (Agreements with European Union Member States) P.103/2005. (Jersey) Regulations 200-.

Lodged: 7th June 2005.

Policy and Resources Committee.

Units 1 and 2, L'Avenue Le Bas, La Rue des Pres Trading Estate: re- P.104/2005. assignment of leases.

Lodged  : 7th June 2005.

Committee for Postal Administration.

6. PRESENTATION OF PETITIONS
7. QUESTIONS

1. Written Questions

The President of the Environment and Public Services Committee will table an answer to a question asked by the Deputy of St. Martin regarding The Quarry', Gorey Pier.

The President of the Policy and Resources Committee will table an answer to a question asked by the Deputy of St. John regarding States employees' contracts of employment.

The President of the Environment and Public Services Committee will table answers to question asked by Deputy G.C.L. Baudains of St. Clement regarding planning matters in the Parish of St. Clement.

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 LTIA.

H.M. Attorney General will table an answer to a question asked by Deputy J-A. Bridge of St. Helier regarding access to decisions.

The President of the Environment and Public Services Committee will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding show flats.

The President of the Environment and Public Services Committee will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement regarding the Priory Inn'.

2. Oral Questions

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

The  President  of  the  Privileges  and  Procedures  Committee  will  make  a  statement regarding shadow scrutiny.

11. PUBLIC BUSINESS

Draft States of Jersey (Amendment) Law 200-. P.83/2005. Lodged: 26th April 2005. (re-issue) Policy and Resources Committee.

Draft States of Jersey (Amendment) Law 200- (P.83/2005): P.83/2005. amendment. Amd. Lodged: 10th May 2005. (re-issue) Senator S. Syvret.

Draft Employers' Liability (Compulsory Insurance) (Exemption) P.84/2005. (Amendment No.  2) (Jersey) Regulations 200-.

Lodged: 26th April 2005.

Employment and Social Security Committee.

Draft Employers' Liability (Compulsory Insurance) (General) P.85/2005. (Amendment No.  2) (Jersey) Regulations 200-.

Lodged: 26th April 2005.

Employment and Social Security Committee.

States of Jersey Property Holdings: establishment. P.93/2005. Lodged: 3rd May 2005.

Policy and Resources Committee.

M.N. DE LA HAYE Greffier of the States

2nd June 2005 Note –

In accordance with a decision of the States on 16th November 2004, this meeting will continue, if necessary, on Wednesday 8th June 2005.

Explanatory Note regarding subordinate legislation tabled at this meeting.

R&O 53/2005

This Order prescribes the fees to be paid under the Shipping (Jersey) Law  2002. The Order was made on 1st June 2005 and comes into force on 8th June 2005.

NOTIFICATION OF STANDING ORDER DECISIONS -

FINANCE AND ECONOMICS COMMITTEE (delegated functions)

2nd June 2005

1. as recommended by the Home Affairs Committee, the renewalof the lease from DubrasHoldings Limited of office  space (measuring  385  square feet) and one car parking  space utilised by the Police Complaints Authority atNos. 5-7 Great Union Road, St. Helier , for a periodofthreeyearsdeemed to have commenced on 22nd October 2004 at an annual rent of £9,500 (which sum reflected a reduction from the pre-existing annual rent of £9,734)which was inclusive of utility costs incurred in occupying the premises. A tenant's break option had been agreed with the landlord to be effective upon the anniversaryofthecommencement date upon the service ofthreemonthsprior notice, in the event that this facility were to re-locatetoan alternative site. Eachpartywastoberesponsiblefor its own legal and professionalcosts arising from the transaction;
2. as  recommended by the  Housing Committee, the  lease to the  Jersey Electricity  Company Limited  of Electricity Substation No. 79 situated at LeClosGosset,St. Saviour (as indicated on Plan 11/919/1)for a period of 99years from 1st June2005,atanannual rent of £10 payable in full uponcompletion of contract, on the basis that eachparty would beresponsible for its ownlegalcosts arising from the transaction;
3. as recommended by the Harbours and Airport Committee, the renewal of the lease to Mr. David Neil Cowburnofaccommodation (designated STC5)at St. Catherine's Tunnels, St. Martin, for a period of five years from 1st January 2005, at an annual rent of £3,400.54tobereviewedannuallyin line with the Jersey Retail Price Index;
4. as recommendedby the Harboursand Airport Committee, the leasetoMr.RobertVezierofaccommodation (designated V26A)atVictoria Pier, St. HelierHarbour, for a period of three years from 1st January 2005, at an annual rent of £596.20 to bereviewedannually in line with the Jersey Retail Price Index;
5. as recommended by the Harbours and  Airport Committee, the lease to the Jersey  Canoe Club of the accommodation(designatedSTC14)at St. Catherine's,St. Martin, for a periodof three years from 1st September2004, at an annual fixed rent of £1,000;
6. as recommended by the Health and SocialServicesCommittee, the lease toMr.DarrenPaulPaton and Mrs. Tracy AnnPaton,néeBochat,of Flat No. 2 Claremont, Bagatelle Road, St. Saviour , for a period ofthree years deemed to have commencedon 1st January 2005, at an annual rent of £8,636.04tobe increased annually in line with the Jersey Retail Price Index,on the basis that the lessee would beresponsible for the internal repairingof the property and all occupier costs, with each party to beresponsiblefor its own legal costs arising from the transaction;
7. as recommendedby the EconomicDevelopmentCommittee, the addendum to the lease from LeMasuriers (Oxford Road)Limited of Lock-Up Storage Unit No. 3', Le Masuriers,Oxford Road, St. Helier so as to incorporate Lock-UpStorage Unit No. 2' (measuring approximately438 square feet), for use by the Trading Standards Departmentfor storage of a specialist equipment trailer, for a period of four years and seven months from 1st February 2005, at a fixedannual rent of £2,628 (representing a rateof £6 a squarefoot) payable quarterlyinadvance,onthebasisof the same terms and conditions as the existing lease;
8. as recommendedby the Housing andEnvironmentandPublicServicesCommittees, the entering into of a Deed ofArrangement with "2Le Geyt Terrace Association" in order to transfer to the public the western half of the oldTownBrookordouetin consideration of the grantby the public to the Associationof a pedestrian right ofwayover the footpath to come to and from the existing gate giving access onto the rear garden of the Association's property, with theAssociationbeingrequiredto contribute its just proportion of the costsof maintenance andupkeepofthefootpath.Inaddition, the publicwould ratify the existingboundary line to the north ofgaragesforming part of the Association'sproperty; and wouldalso ratify the rightofway exercised

at present by the Association over a roadway from Springfield Road to the garages to the rear of the Association's

property, with the Association being required to contribute its just proportion of the costs of maintenance and upkeep, repair and replacement of the same. The public and the Association would agree reciprocal drainage and service rights to cover for the eventuality of any service pipes and cables and drainage which might lie under the respective properties. Each party would be responsible for its own legal costs arising from the transaction;

9. as recommendedbytheHousingCommittee, the entering into a Deed ofArrangement with Mr.Michael Richard Talbot and Mrs. Wendy Elizabeth Talbot, née Michel, so as to agree a boundary line between the dwelling knownas"Cherissy", Le Clos de laMare, St. ClementandLeMaraisHousing Estate, St. Clement; and alsotopermit the ownersof Cherissy to connect a temporary land drainto an existing surface water drain atLeMaraisand, when inthefutureLeMaraiswasredeveloped, to make a permanentconnectionto the new surface watersystem,onthebasis of a report dated2ndDecember2004preparedby the Directorof Property Services, onthe basis ofnocharge for the grantingof the abovementioned right, but with eachparty to beresponsible for its ownlegalcosts arising from the transaction;
10. as recommended by the Education, Sport and Culture Committee, the renewal of the lease from The Reverend John Patrick Harkin, Rectorof St. Ouen,andMessrs.GuyMichaelGaryHamiltonandDouglas Albert Jenkins - ChurchwardensofSt.George'sChurchin St. Ouen , Trustees for andinthenameof the Membersofthe Congregation oftheChurch,ofFieldNo. 789,St.Ouen (adjoining Les LandesSchool) for use by Les LandesSchool for a periodof nine years from 29th October2002,atanannual rent of £300 payable a yearinadvance, with rent reviews on the third and sixth anniversaries of the lease, on the basisof a reportdated24thJanuary2005preparedby the Directorof Property Services;
11. as recommendedby the Environment and Public ServicesCommittee, the sale to Mr. Stephane Michael Fosse, ownerof Neville Holt Cottage, adjoining thesouth-western corner ofLaRue de la Croix au Maîstre, St. Martin , of part of a grassverge(measuringninesquaremetres)and associated roadsidewall lying on the south-west side of the road and adjoining the north-east roadside wall of Neville Holt Cottage, for a consideration of £90 (representing a rate of £1 a square foot), in order to clarify the boundary between Neville Holt Cottage and LaRuedela Croix au Maîstre following certain road improvementworksinclose proximity of the junctionofLaRuedelaCroixauMaîstreandLeRond Collas andbordering Neville Holt Cottage, and tograntMr.Fosseaccessrights on to the pavement for the purposes ofbuilding, maintaining or renewing theroadsidewall,subject to reasonable notice beinggiven.TheCommitteewouldberesponsible for both parties' reasonable legal fees arising from this transaction. (The Committee accordingly rescinded sub-paragraph (j) of its ActNo. A2of 14th April2005);
12. as recommendedbytheEnvironment and Public ServicesCommittee, the lease to the Jersey Motor Cycle and Light Car Club of an areaof land withinFieldNo. 30,Sorel Point, St. John (as indicated on Plan No. 15/1679/1), for useasan off-road motorcycle course during daylight hoursonpreviously agreed training and competition days, for a period of nine years from 1st January 2007, at anannual rent of £250 to be reviewedeverythreeyearsandincreased in line with the Jersey Retail Price Index, subject totermsand conditions set out in a reportdated 7th January 2005 preparedby the Director of Property Services, with each party to beresponsible for its ownlegalcosts arising from the transaction;
13. as recommended by the Environment and Public Services Committee, the entering into of a Deed of Arrangement with Rex (Jersey) Limited fortheundermentioned land exchange andcounter-exchange in respect oftheRexHotelsite,Pleasant Street, St. Helier –

1. the acquisition by the public of a strip of land (measuring approximately 70.66 square metres - as shown on drawing No. PHT 678 01) along the lengthofthesiteandborderingPleasantStreet in order t facilitate the creation by the companyat its cost of a two metre-widepavement to the satisfaction of the Public ServicesDepartment,includingmakinggoodthecarriageway surface asrequiredadjacent to the new pavement(whilst maintaining a fourmetre-wide carriageway), for a consideration of £10;
2. the acquisitionby the companyof a parcel of land to the rearofNo. 35 St. Saviour 's Road (adjoining Pleasant Street - measuringapproximately28.78 squaremetres,asshownon drawing No. PHT 678 01

for a consideration of £10.

Rex (Jersey) Limited would be responsible for both parties' legal costs arising from the transaction. (The Committee accordingly rescinded sub-paragraph (e) of its Act No. A2 of 25th November 2004);

14. as recommendedby the HousingCommittee, the releaseof Classic Carpets ( St. Helier ) Limited from the existing lease ofNo. 76Colomberie, St. Helier(which lease had been granted for a period ofnineyears from 1st November2001),with effect from 1st March 2005,on the basisofthecompany'sunder-performanceand the ill health of the owner,Mr.R.Roche;
15. as recommendedby the HousingCommittee, the entering into a Deed ofTransaction with Mr.PaulAndrew Cowieson andMrs.DawnCowieson,néeReeves(ownersof the property known as "Peel Glen", La Rue de la Moye, St. Brelade), and Mr. William McIntosh and Mrs. Elizabeth RosemaryCarmenMcIntosh,née Pearce (ownersofthepropertyknown as "TuesdayCottage", La Rue delaMoye, St. Brelade ), soas to establish that the existing drainage right toconnectthe foul drain from a dwelling on the site, previously known as "Ker Maria", to the Le Clos Orangepublicsewerwould be effectively extended to thesecond house now on that site. Mr. and Mrs.Cowieson and Mr. and MrsMcIntosh were to beresponsible for the payment to the publicof £2,000 for the grantingof the enhanceddrainage right, and also for bothparties' legal costs arising from the transaction;
16. as recommendedby the EnvironmentandPublicServicesCommittee, the saletoOld Station House Limited of a plot of land (measuring 6,867 squarefeet)adjacenttothe south-western boundary of the Old Station House, Corbière, St. Brelade, for a consideration of £15,000, on thebasis that the future useof the land would be restricted with nobuildingsbeingpermitted,perimeter fencing tobeno more than onemetrein height, and a driveway foraccess purposes allowed (subjectto the necessary planning permission). Each party would beresponsible for its ownprofessionalcosts arising from the transaction;
17. as recommended by the Housing Committee, the sale to Jersey Telecom Limited of an area of land (measuring approximately 360 square feet) at the site of Hodge Nurseries Phase II, required for th construction of a telecommunication service distribution room, for a consideration of £6,000 inclusive of any cable wayleavesorencroachments, with all costs associated with thescheme to bemetby the company, together with both parties' legal and surveyorsfees arising from the transaction;
18. as recommended by the Health and Social ServicesCommittee, the renewalof the lease from Mr.Edward GordonWeekesof the three-bedroom (j) category property known as16 Magnolia gardens,LaRoutede St. Aubin, St. Lawrence,required to accommodateLocum Consultants and their families, for a period ofone year from 1st February 2005,atanannual rent of £20,000,on the sameterms and conditions ascontainedin the existing lease, and with the Committee to beresponsiblefor both parties' legal fees arising from the transaction;
19. as recommendedby the Education, Sport and Culture Committee,theentering into of a Deed of Arrangement with Mr.MichaelPaulSimonGreenwood and Mrs. Judith LouiseGreenwood,néeLeSueur,ownersof the property knownasLes Favieres, LaGrande Route deMont à l'Abbé,St. Helier, inorder to formalise the grant ofperpetualdrainage rights to LesFavieres to drain its foul water into a drainflowing from the house/school boundary to the drainagesystemofHaute Vallée School (drawing No. 1236(D1)and the Public Services Department'sdrainage plan refer), on the basis that Mr.andMrs.Greenwoodwouldbe responsible for bothparties' legal fees arising from the transaction.

WRITTEN QUESTION PAPER (See Item G)

The President of the Environment and Public Services Committee will table an answer to the following question asked by the Deputy of St. Martin –

" W ould the President inform members of the current position regarding the proposed assignment of the lease for the site known as The Quarry', Gorey Pier, details of which were presented to the States on 19th October 2004 in the list of Standing Order Transactions?"

The President of the Policy and Resources Committee will table an answer to the following question asked by the Deputy of St. John –

" W ould the President advise members whether all States employees have contracts of employment, and, if not, would he give the reasons why and explain what action the Committee is taking, if any, to provide all States employees with employment contracts?"

The President of the Environment and Public Services Committee will table answers to the following questions asked by Deputy G.C.L. Baudains of St. Clement –

"1. Would the President explain, in relation to the following issues affecting the Parish of St. Clement -

( a ) w hen the Committee intends meeting with Parish residents to discuss the Westhill-type' road

alterations that have been sanctioned for Rue de Jambart?

(b )  w h ether he will withdraw the answer he gave in response to an oral question about those alterations;

and,

(c )  w h y a query by Senator L. Norman two months ago relating to the abovementioned answer being

incompatible with the Parish's position has not yet been answered?

2 . W hy, following a request by the Parish for plans of the application to redevelop St. Lukes shops at the

corner of Green Road so that the Parish could make comment if necessary, the plans did not arrive until 26th April 2005, coinciding with the same day the Committee approved the development?

3 . W hether, recent Committee decisions not to send a Committee member or Departmental officer to attend

Parish meetings called especially to discuss particular developments is now policy, and, if so, would he further explain how parishioners are expected to be fully informed of all issues pertaining to planned developments if this continues in view of the existing acrimonious feelings among some parishioners regarding planning issues?"

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 –

" W ould the President inform members –

( a ) whether the eligibility criteria for Long Term Incapacity Allowance (LTIA) has been amended in any

way to eliminate disguised retirement and unemployment' referred to in his answer to my question on 24th May 2005, and if not, would he explain his statement that the assumption that existing and future LTIA recipients would all have been eligible for Invalidity Benefit is erroneous'?

( b ) whether the Committee is to change the eligibility criteria for LTIA so as to reduce the number in receipt

of this benefit in the future, and if so how does he propose to do this? and,

( c ) with regards to the figures presented in my question of 24th May 2005, what proportion, if any, of

current recipients of LTIA would have been eligible for Invalidity Benefit under the previous system and whether, in the majority of cases, their payments have been reduced in comparison with the previous system, thus reducing the level of overall payments?"

H.M. Attorney General will table an answer to a question asked by Deputy J-A. Bridge of St. Helier -

" O n 2nd June 1987, the then Attorney General gave an opinion to the States that a member has a clear right of access to Committee minutes and papers in the custody of the Greffier'. As a result all members are currently able to view all Part A and Part B Minutes at the States Greffe.

O  n 10th May 2005, the President of the Policy and Resources Committee, in answer to a question from

Deputy J.L. Dorey, explained that, in the ministerial system, the record of a ministerial decision will be prepared by individual States departments for signature by the minister who is legally responsible for such decisions and will then be forwarded on to the States Greffe'.

W ould the Attorney General advise members whether the same legal considerations on members' access to

papers in the custody of the Greffier that currently apply to Committee minutes will apply to the minutes of the Council of Ministers and records of ministerial decisions at the States Greffe? If not, would the Attorney General advise whether members could be prevented from accessing these records held by the Greffier and, if that is the case, would he confirm that the States are competent to adopt a proposition to ensure that members have access to these records even if some are exempt from public access?

The President of the Environment and Public Services Committee will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement –

" I s the President aware of allegations that show flats built by certain developers have specially made furniture to create an impression of more space than there actually is and, if so, will the Committee agree to undertake an urgent review of minimum sizes for such accommodation?"

The President of the Environment and Public Services Committee will table an answer to a question asked by Deputy G.C.L. Baudains of St. Clement –

" W ould the President inform members whether the listed property being renovated as part of the Priory Inn redevelopment has been altered in any way that might contravene the original listing, and, for purposes of clarification, would he outline the details of preservation that apply to that building?"