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ISLAND OF SARK

EASTER MEETING of the CHIEF PLEAS to be held on WEDNESDAY 22nd APRIL 2009 at 10.00 AM in the ASSEMBLY ROOM

AGENDA

1. To APPROVE the MINUTES of the CHRISTMAS MEETING held on the 21st January

2009 (already distributed).

2. QUESTIONS Not Related to the Business of the Day.

3. To CONSIDER a Report from the GENERAL PURPOSES and ADVISORY COMMITTEE and to APPROVE the Projet de Loi entitled “The Charities and Non Profit Organisations (Investigatory Powers) (Bailiwick of Guernsey) Law, 2008 (copies enclosed).

4. To CONSIDER a Report from the SEA FISHERIES COMMITTEE entitled “Assistant

Constable Sea Fisheries” and to APPROVE the Ordinance entitled “The Fishing (Sark) (Amendment) Ordinance, 2009” (copies enclosed).

5. To CONSIDER a Report from the GENERAL PURPOSES and ADVISORY

COMMITTEE and to APPROVE the amended Rules of Procedure (copies enclosed). 6. To CONSIDER a Report from the GENERAL PURPOSES and ADVISORY

COMMITTEE and to APPROVE the amended Constitution and Operation of Chief Pleas Committees (copies enclosed).

7. To CONSIDER a Report from the FINANCE and COMMERCE COMMITTEE entitled

“Financial Statements” (copy enclosed). 8. To RECIEVE a Verbal Report from the FINANCE and COMMERCE COMMITTEE on

Membership of the Tax Tribunal.

9. To CONSIDER a Report from the HARBOURS and PILOTAGE COMMITTEE entitled “The Alderney and Sark (Licensing of Vessels) Law, 1951” (copy enclosed).

10. To CONSIDER a Report from the SHIPPING COMMITTEE on Isle of Sark Shipping

Directors’ Indemnity and Isle of Sark Shipping Directors (copy enclosed).

11. To CONSIDER a Report from the DOUZAINE – Public Works sub Committee dispute with Isle of Sark Shipping Company Limited (copy enclosed)

12. To CONSIDER a Report from the EDUCATION COMMITTEE on School Brochure, Open Morning and Parents Representative (copies enclosed).

13. To CONSIDER a Report from the HARBOURS and PILOTAGE COMMITTEE on Maseline Harbour, Repair and Maintenance for 2009, Harbour Regulations and Pilotage (copy enclosed)

14. To CONSIDER a Report from the GENERAL PURPOSES and ADVISORY entitled “Memoranda of Understanding” (copy enclosed).

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15. PUBLIC HEALTH COMMITTEE: To note the resignation of Conseiller E. Baker from the

Committee and to ELECT a new member to the Committee.

16. EMERGENCY SERVICES COMMITTEE: To note the resignation of Conseiller Dunks from the Committee and to ELECT a new Member to the Committee.

17. To CONSIDER a Report from the GENERAL PURPOSES and ADVISORY COMMITTEE entitled “Renewable Energy from Tidal Streams” (copy enclosed).

18. To CONSIDER a Report with Proposition of Conseillers J. Hunt and H. Plummer entitled “2009 Liberation Day Public Vin D’Honneur (copy enclosed).

19. To CONSIDER an Information Report from the DOUZAINE entitled “Sark School and Community Centre” (copy enclosed).

20. To CONSIDER an Information Report from the EMERGENCY SERVICES COMMITTEE entitled “The Emergency Services Scale of Charges” (copy enclosed).

25th March 2009 Lt Col RJ Guille MBE Seneschal

Anyone wishing to see any of the Reports may do so at the Committee Offices, Monday – Friday, between 2.30pm and 5.00pm and at other times when the offices are open. Copies may be purchased at a cost of 15p per sheet.

ITEM 3

GENERAL PURPOSES & ADVISORY COMMITTEE Report with proposition to Easter Chief Pleas, 22nd April 2009

THE CHARITIES AND NON PROFIT ORGANISATIONS

(INVESTIGATORY POWERS) (BAILIWICK OF GUERNSEY) LAW, 2008

Some of you will remember that the previous Chief Pleas did not approve the Projet de Loi, entitled “The Charities and Non Profit Organisations (Enabling Provisions) (Bailiwick of Guernsey) Law, 2008” at an Extraordinary Meeting of Chief Pleas held on 2nd July, 2008. The Projet de Loi before you to-day is not the same piece of legislation, with a different title. “The Charities and Non Profit Organisations (Investigatory Powers) (Bailiwick of Guernsey) Law, 2008” creates powers enabling Her Majesty’s Procureur to investigate the affairs of any non profit organisation, including those of any charity, in the Bailiwick. Those powers, however, are only exercisable in cases of suspected (a) “unlawful conduct” (which in broad terms means criminal conduct as defined in the Law) or (b) other conduct which is the subject of an investigation by a “competent authority” (which is another defined expression in the Law and which would include, for example, organisations such as the Financial Services Authority, the Law Society, and the Charity Commission in England). The powers which may be exercised are broadly similar to those which may be exercised by Her Majesty’s Procureur under the Criminal Justice (Fraud Investigation) (Bailiwick of Guernsey) Law, 1991 in cases of serious or complex fraud. It is anticipated that once the Law is in force the powers would be used, if needed, primarily for the purposes of investigations into criminal activity. However, it is possible that the powers could be exercised, for example, in connection with investigations into irregularities concerning an organisation such as a charity that, whilst not involving allegations of any criminal conduct, could involve a breach of professional conduct by a professional advisor for which a non-criminal penalty might be imposed. The Law is regarded as being of particular importance in demonstrating the Bailiwick’s continuing commitment to better implementing the recommendations of the Financial Action Task Force relating to the development and promotion of national and international policies to combat money laundering and terrorist financing. As the Law is not wholly related to matters of criminal justice it (or at least those provisions of the Law which do not relate exclusively to matters of criminal justice) cannot have effect in Sark unless approved by Chief Pleas Proposition – That Chief Pleas approve the Projet de Loi entitled “The Charities & Non Profit Organisations (Investigatory Powers) (Bailiwick of Guernsey) Law, 2008” Conseiller Richard Dewe Chairman, General Purposes & Advisory Committee

ITEM 4

SEA FISHERIES COMMITTEE Report with propositions to Easter Chief Pleas, 22nd April 2009

ASSISTANT CONSTABLE SEA FISHERIES

AMENDMENT TO ORDINANCE The Committee wish to bring The Fishing (Sark) Ordinance, 1996 up to date by amending the definition of Constable to include Assistant Constable (Sea Fisheries) and is requesting Chief Pleas to approve an amendment (shown in red below) to the interpretation shown in Section 22.(1) of that Ordinance and to include the Assistant Constable (Sea Fisheries) as follows – In this Ordinance, except where the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say:- “the Constable” includes the Vingtenier, Assistant Constable(s) (Sea Fisheries) and any duly authorised member of the salaried police force of the Island of Guernsey. The Committee therefore recommend to Chief Pleas that the attached Ordinance entitled “The Fishing (Sark) (Amendment) Ordinance, 2009” be approved as giving effect to the required change. Proposition 1 – That Chief Pleas approve The Fishing (Sark) (Amendment) Ordinance, 2009.

APPOINTMENT OF ASSISTANT CONSTABLE SEA FISHERIES The probationary period for Mr. Simon Higgins (Assistant Constable Sea Fisheries) has reached the end of the six month period. As a Committee, and in consultation with others involved in the work of the Assistant Constable, it has been decided not to make his appointment permanent. Mr. Peter Stisted has agreed to carry on until a replacement is found. The post has been re-advertised and a verbal report will be brought to the meeting. The Committee wishes to thank Mr. Higgins for applying for the post and his work during his probationary period. Proposition 2 – That Chief Pleas agree to terminate the probationary period of Mr. Higgins as Assistant Constable (Sea Fisheries). Conseiller David Cocksedge Chairman, Sea Fisheries Committee

ORDINANCE OF THE CHIEF PLEAS

ENTITLED

The Fishing (Sark) (Amendment) Ordinance, 2009

THE CHIEF PLEAS OF SARK, in pursuance of their Resolution of the 22nd

April, 2009 hereby order:-

Amendment to the Fishing (Sark) Ordinance, 1996.

1. In Section 22(1) (interpretation) of the Fishing (Sark) Ordinance, 1996

in the definition of "the Constable", immediately after "Vingtenier," insert "Assistant

Constable(s) (Sea Fisheries),".

Citation.

2. This Ordinance may be cited as the Fishing (Sark) (Amendment)

Ordinance, 2009.

ITEM 5

GENERAL PURPOSES & ADVISORY COMMITTEE Report with proposition to Easter Chief Pleas, 22nd April 2009

AMENDED CHIEF PLEAS’ RULES OF PROCEDURE

Due to the Implementation of The Reform (Sark) Law, 2008 and the required change of title for Chief Pleas Members from Tenant and Deputy to Conseiller and from President to Chairman for the presiding committee person, there is a need to amend The Chief Pleas Rules of Procedure. There has been no fundamental change, other than to take account of the title changes and to clarify the position on electronic devices etc. Proposition - That Chief Pleas approve the amended Chief Pleas’ Rules of Procedure. Conseiller Richard Dewe Chairman, General Purposes & Advisory Committee

ITEM 6

GENERAL PURPOSES & ADVISORY COMMITTEE Report with proposition to Easter Chief Pleas, 22nd April 2009

AMENDED CONSTITUTION & OPERATION OF CHIEF PLEAS COMMITTEES

Due to the Implementation of The Reform (Sark) Law, 2008 and the required change of title for the presiding committee person from President to Chairman, there is a need to amend The Constitution & Operation of Chief Pleas Committees. Other minor changes have been made to take account of The Reform (Sark) Law, 2008 and clarification of some sections. Proposition - That Chief Pleas approve the Constitution & Operation of Chief Pleas Committees as amended. Conseiller Richard Dewe Chairman, General Purposes & Advisory Committee

ITEM 7

FINANCE & COMMERCE COMMITTEE Report with Proposition to Easter Chief Pleas, 22nd April 2009

2008 FINANCIAL STATEMENTS

The Committee presents the Financial Statements of the Island for the year ended 31st December 2008. This report is accompanied by schedules showing variances between budget and actual income and expense for the year (Appendix 1), and a schedule showing the differences between the reported figures for 2007 and 2008 (Appendix 2). Brief explanations for significant differences are shown. Total income for 2008 was some £122,000 over the budget. Income included two items which were not included in the 2008 budget - £46,000 in respect of Treizième and Property Transfer Tax collected during the year, and £12,000 in respect of import duties refunded to Sark by the Guernsey States. Investment income was some £21,000 over budget due to careful investment of surplus funds. Income of the Public Works department was £17,000 over budget but that surplus was offset by increased costs. The Committee is pleased to report that spending committees have generally been diligent in containing their expenditure within budget. The significant “overspends” were:

• £35,000 on salaries and stipend, being a combination of the salary increase for the Committee Secretary agreed by Chief Pleas after the 2008 budget was prepared, and the stipend of the Seigneur which is offset by the receipts of Treizième and Property Transfer Tax.

• £20,000 Public Works expenses – arising from higher charges for waste disposal in

Guernsey. £17,000 of that increase was recovered in increased charges to users.

• £64,000 Harbours – £75,000 costs of the special repairs to the Maseline Harbour, less a saving of £11,000 on routine maintenance. Chief Pleas agreed that the expenditure on the Maseline project would be recouped from the Harbour budget in future years.

The net surplus of £166,000 has been added to reserves. The Island needs to retain a substantial amount in reserve in the event of funds being required for such items as extraordinary repairs to Island properties, capital expenditure to provide services or facilities for the community. Since the end of the Financial Year Chief Pleas has committed up to £200,000 in support of Isle of Sark Shipping Company. Proposition – That the Financial Statements of the Island for the year ended 31st December 2008 be approved.

continues/-

2009 FINANCES

When the 2009 budget was prepared in August 2009 Chief Pleas was receiving interest in excess of 5% on surplus funds and it was anticipated that investment income of £45,000 would be received in the year 2009. Chief Pleas is now receiving interest at substantially lower rates and it is unlikely that investment income for 2009 will exceed £10,000, this shortfall making substantial inroads into the Provision for Unforeseen Expenditure of £60,000. Spending Committees and Island officers are asked to bear these facts in mind if and when considering non-essential expenditure during the remainder of 2009. Conseiller Ann Atkinson Chairman, Finance and Commerce Committee

Comparison of the 2008 Revenue Account with the 2008 budget

Actual Budget + or2008 2008 ( -)

£'000 £'000 £'000RevenueDirect tax 490 480 10 More tax payers than anticipatedImpot 225 230 (5)Poll tax 48 50 (2) Fewer visitors than anticipatedTreizieme and PTT 46 - 46 Not included in budgetPublic Works 75 58 17 Offset by increased costs Crane receipts 31 32 (1)Investment income 61 40 21 More surplus funds to hold on depositMiscellaneous income 50 30 20Constables income 23 20 3Harbour income 44 31 13

1,093 971 122 ExpenditureEducation 160 164 4Constables 116 139 23Procureur 42 72 30Shipping support 21 65 44 Loan repaid in the yearSalaries and stipend 110 75 (35)Repairs/maintenance -Depreciation 27 32 5 Budget over-estimatedOther 16 23 7

Tourism 50 62 12 Budget over-estimatedPublic Works 80 60 (20)Harbours 119 55 (64)Legal expenses 30 31 1Health services 32 24 (8) Recruitment of new doctorInsurance and rents 20 21 1Grants, subsidies, etc 13 18 5 Agricultural grants not applied forPolice, etc 17 19 2Crane expenses 23 22 (1)Miscellaneous 51 80 29

927 962 35

Surplus 166 9 157

APPENDIX 1

Report of the Finance and Commerce CommitteeEaster Chief Pleas, 22nd April 2009

Mostly offset by increased income

Explanation of significant differences

Lower consumption of tobacco products

£6k rent increases, £12k import duties

£10k harbour services re Brecqhou Warrior

Maseline repair project

£3k office expenses overspend, £4k Emergency Services overspend, £10k cost of Lt. Seneschal, offset saving £45k on unforeseen

£16k Island workmen under budgetExpenditure lower than anticipated

Seigneur stipend £28k, Committee Clerk £7k

Budget re-allocated to capital on school house improvements

Comparison of the figures in the 2008 Revenue Account with those for 2007

Actual Actual + or2008 2007 ( -)

£'000 £'000 £'000RevenueDirect tax 490 437 53 Increased tax rates & tax payersImpot 225 237 (12)Poll tax 48 52 (4) Reduced number of visitorsTreizieme and PTT 46 29 17 Full year's transactions in 2008Public Works 75 62 13 Matched by increased costsCrane receipts 31 38 (7) Reduced use of craneInvestment income 61 55 6 Increased reserves on depositMiscellaneous income 50 35 15 Increased rents and import dutiesConstables income 23 22 1Harbour income 44 34 10 £10k dues re Brecqhou Warrior

1,093 1,001 92 ExpenditureEducation 160 141 (19)Constables 116 97 (19) 2007 work programme £12k under budgetProcureur 42 50 8Shipping support 21 34 13 Loan repaid during 2008Salaries and stipend 110 88 (22)

Repairs/maintenance -Depreciation 27 28 1Other 16 27 11

Tourism 50 59 9 Spending well controlled in 2008Public Works 80 62 (18)Harbours 119 47 (72) Maseline Harbour projectLegal expenses 30 30 0Health services 32 19 (13) Recruitment £8k, increase in locum allowanceInsurance and rents 20 19 (1)Grants, subsidies, etc 13 18 5 Agriculture grants not claimed in 2008Police, etc 17 20 3Crane expenses 23 18 (5)Miscellaneous 51 31 (20)

927 788 (139)

Surplus 166 213 (47)

2008 included £11k recruitment

reduction in number of parish recipients

£3k additional office expenses, £4k Emergency Services overspend, £10k cost of Lt. Seneschal

APPENDIX 2

Report of the Finance and Commerce CommitteeEaster Chief Pleas, 22nd April 2009

2008 includes a full year's stipend to the Seigneur, 2007 only 4 months

Budget re-allocated to capital on school house improvements

Matched by increased income

Explanation of significant differences

Reduced consumption

ITEM 9

SHIPPING COMMITTEE HARBOURS & PILOTAGE COMMITTEE

Report with proposition to Easter Chief Pleas, 22nd April 2009

THE ALDERNEY AND SARK (LICENSING OF VESSELS) LAW, 1951

The Spencer Review (November 2007) of shipping between Sark and Guernsey recommended that The Alderney and Sark (Licensing of Vessels) Law, 1951 be reviewed; this was reported to Christmas Chief Pleas 16th January 2008. The key change envisaged by Dr Spencer was for the Licensing Authority in respect of shipping between this island and Guernsey to be taken from the office of His Excellency the Lt. Governor and passed to the Chief Pleas of Sark (and for the parallel change with respect to Alderney). The Law Officers of the Crown at St James’ Chambers have now begun to draft the new law, which will follow Dr Spencer’s recommendations. The new law is not likely to be in place before 2010. Under the current 1951 Law, our own Isle of Sark Shipping (IoSS) Company has a monopoly on carrying cargo between Guernsey and Sark, a position that was closely examined and confirmed as being in the best interests of the people of Sark by Dr Spencer in his Review in November 2007. Only our IoSS Company has vessels licensed to do this. Members may be aware of the events of last year:

o in January 2008, the then Shipping Committee wrote to Sark Estate Management stating that it had no objection to them bringing cargos to Sark in the freight ship Brecqhou Warrior.

o at the Easter meeting of Chief Pleas, in March 2008, a Proposition was passed which

repudiated this unauthorised letter. However, no further action was taken and cargo has continued to be carried to Sark on the Brecqhou Warrior up to the present.

Members will not need to be persuaded of the absolute necessity of safeguarding the financial viability of our IoSS Company - it is our lifeline service. The use of the unlicensed Brecqhou Warrior, or any other unlicensed vessel, must represent a significant loss of freight charges to the IoSS Company. If the House approves the proposition below, the Committees will write to Brecqhou Developments Ltd, the operators of the Brecqhou Warrior, informing them that after the 31st May 2009 no unlicensed vessels will be permitted to unload cargo from Guernsey in Sark, and inviting them to communicate with IoSS to make other arrangements for their cargo. Proposition - That Chief Pleas directs the Shipping and Harbours & Pilotage Committees to take action to uphold The Alderney and Sark (Licensing of Vessels) Law, 1951 and so safeguard the revenue of Isle of Sark Shipping Company.

Conseiller Peter Cole Chairman, Shipping Committee

Conseiller Jan Guy Chairman, Harbours & Pilotage Committee

ITEM 10

SHIPPING COMMITTEE Report with propositions to Easter Chief Pleas, 22nd April 2009

IOSS DIRECTORS’ INDEMNITY

At an Extraordinary Meeting in July1992, Chief Pleas resolved that: “Chief Pleas do not hold the Sark Directors of the Isle of Sark Shipping Company Limited personally liable for any actions they may or may not take on behalf of Chief Pleas and Chief Pleas shall indemnify such Sark Directors for any personal liability they may incur.” The Proposition was phrased in that way so as to exclude Mr Drake who was at the time a Director of the Company. Now, however, none of the Directors is a part-owner or an employee of IoSS. The Committee therefore recommends to the House proposition 1 below, which gives protection to the Directors who are working purely on our behalf, for no personal gain. The Company does already hold Director Liability Insurance which could be expected to provide cover for any foreseeable circumstances; this resolution is Sark’s guarantee of protection for the Directors of its Company. Proposition 1 – That Chief Pleas resolve that the Directors of the Isle of Sark Shipping Company shall be fully indemnified by the Chief Pleas in respect of any personal liabilities they may incur as Directors. No release exclusion or indemnity in respect of a Director’s liability shall cover his actual fraud or recklessness.

IOSS DIRECTORS There are at present only two active Directors of IoSS - Robert Taylour and Julie Mann. Appointing another Director will help to relieve their heavy workload, and so Mr Colin Smith has been invited to join the Board of Directors. Mr Smith is a Guernsey resident with a long term interest in Sark and he and his wife Dorothy are frequent visitors. He is an accountant, recently retired from Guernsey Electricity Company, and will bring much valuable experience to the company. Proposition 2 – That Chief Pleas approve the appointment of Colin Smith to the Board of Isle of Sark Shipping Company. Conseiller Peter Cole Chairman, Shipping Committee

ITEM 11

DOUZAINE Report with propositions to Easter Chief Pleas, 22nd April 2009

PUBLIC WORKS SUB-COMMITTEE OF THE DOUZAINE (“PUBLIC WORKS”) DISPUTE WITH ISLE OF SARK SHIPPING COMPANY LIMITED (“IoSS”)

This report seeks to advise you of the financial position that has been forced upon a sub committee of Chief Pleas, Public Works. On 14th January 2009 Public Works was notified in a letter from IoSS that skips containing waste carried to Guernsey and returning empty from Guernsey would be charged at a rate of £100 per skip per return journey. Prior to the receipt of that letter there had been a small levy of £5 on skips of tin and paper only, that charge having been based on the mistaken belief that such waste generated a financial return. All other skips were carried free of freight charge. Public Works paid the Guernsey cranage charge by way of an account from IoSS. The letter of 14th January informed Public Works that the new charge would be invoiced in respect of all skips carried during the whole of 2008 and would then be invoiced monthly from January 2009. The letter also asked Public Works to agree to the charge. Public Works replied on 15th January and advised IoSS that it would not agree to the application of the new charge until after 1st May 2009 for the following reasons:-

1. Public Works has the permission of Chief Pleas to increase the annual standing charge in respect of refuse collections in accordance with Guernsey RPI. Public Works is unable to make any other increases without the authority of Chief Pleas and this meeting is the first opportunity to bring this matter to Chief Pleas.

2. Public Works do not consider that, in all fairness, the increased charges should be made for

2008 as there was no warning and consequently no ability to recoup the costs during that year. The same reasoning is also behind the refusal to agree to the new charge for the first 4 months of 2009.

A further letter from IoSS dated 19th January 2009 indicated that the company would continue with its plan to charge from 1st January 2008 but it would discount the 2008 charge by £6 to £94 per skip per return journey. Mr Robert Taylour, Director of IoSS, was invited to attend an emergency meeting of the Douzaine on 26th January 2009. Although there was lengthy discussion at that meeting there was no resolution of the dispute. In due course an account for £20,398 was received – being £18,518 for the year 2008 and £1,880 for the month of January 2009. Public Works estimated that the amount that would have been payable had the previous terms applied and been increased in line with RPI was £1,150. That sum was paid to IoSS leaving a disputed balance of £19,248 which has been withheld. Public Works, which does not operate at a profit, does not have the funds to cover the disputed amount and, in any event, would not make the payment without the agreement of Chief Pleas. At the time of writing this report the account for February, £1,500, has been received and remains unpaid.

Public Works may be forced to accept that new charges have to be applied, but do warn that these additional costs, together with large disposal costs from Guernsey, may well create undesirable alternative methods of disposal within Sark, and, in due course, further legislation to prevent such action. There is evidence that the temptation to dispose of waste in undesirable, and potentially dangerous ways, increases greatly as disposal charges are raised. One example of the effect of the £100 skip charge will be on the provision of the waste paper disposal container in the Avenue. The service has been run at no direct cost to residents but the charge calls into question the whole idea of re-cycling paper. Public Works and the Douzaine would welcome all comments on this matter and in particular the views of the Finance and Shipping Committees on the withholding of a large figure from a service-provider. The Committees hope that the debate on this Report will indicate a clear way forward to bringing this matter to an acceptable conclusion and ask for your support of the following: Propositions - 1. That Chief Pleas grants authority to Public Works to increase the quarterly rubbish disposal

rate by 15% to offset the increases in freight charges. This increase to commence 1st May 2009 and to have no effect on the agreement already in place to increase the charges annually in line with RPI.

2. That Chief Pleas accept and endorse the actions of Public Works in withholding payments to

IoSS in respect of additional charges from 1 January 2008 to 30 April 2009. Conseiller D Melling Deputy Chairman, The Douzaine

ITEM 12

EDUCATION COMMITTEE Report with proposition to Easter Chief Pleas, 22nd April 2009

SCHOOL BROCHURE and OPEN MORNING

The Committee is pleased to enclose with this report a copy of the school brochure which it is hoped Conseillers will find interesting and informative and also take this opportunity to extend an invitation to all Conseillers to come and visit the school on the morning of Thursday 14th May to see what life is like on a typical school morning.

PARENTS REPRESENTATIVE

It has become the custom to have a parent of a child currently attending Sark School co-opted onto the Education Committee. The intention is that this individual, the “parents’ representative”, is chosen by the other parents from those that volunteer and then is put forward for approval by Chief Pleas. With the change in the format of Chief Pleas it has been necessary to ask for new volunteers for this post. No other individuals volunteered and the Committee is very pleased therefore that Simon Elmont, who has previously acted as the Parents Representative, has agreed to continue in this capacity. He worked extremely well with the previous Education Committee providing a useful link and a voice for parents. The Committee hope and intend to rotate this post after each Chief Pleas Election. Proposition - That Chief Pleas approve the co-option of Simon Elmont onto the Education Committee as a non-Chief Pleas member until the next Chief Pleas election. Conseiller Helen Magell Chairman, Education Committee

The School Brochure can be viewed on line at – www.sarkschool.com/brochure

ITEM 13

HARBOURS AND PILOTAGE COMMITTEE Report with proposition to Easter Chief Pleas, 22nd April 2009

MASELINE HARBOUR

The major project is now complete and final cost was £75,996. This is £996 over the £75 thousand pounds budgeted but well inside the additional £15 thousand contingency sum. In consultation with Mr Christopher Rang, the Committee was made aware that the fendering mentioned in the Christmas report was not part of the original costing. This is being completed now without the considerable expense of fendering strip as it has been possible to cut and recycle some of the greenheart, bracket this to the pillars with custom made brackets and then replace with a slightly better arrangement of tyres. The solution will work as well or better, is considerably cheaper but not quite as ‘pretty’ as the tracking would have been. Focus on the Maseline project meant that there was an underspend on general maintenance in 2008 so the fendering is within budget. As much of the wood as possible and some of the metal which was removed, has been recycled for island projects. As agreed by the pre-January 2009 Committee, some greenheart has been given to Sark Estate Management in return for assistance with accommodation for those working and advising on the project. The Committee would like to thank Mr Chris Rang and the many people who helped and co-operated while the work was being done, not least the Harbourmasters, crane driver, carters, Isle of Sark Shipping management and crews, and residents of Sark.

REPAIR AND MAINTENANCE FOR 2009

Conseiller Prevel has carried out an extensive survey of both Creux Harbour and Havre Gosselin. There is concern that there is some erosion beneath the apron around the Creux and the Committee is looking at several possible options to infill under the slabs. There is also a small amount of pointing needed around one large keystone. Work on Havre Gosselin is long overdue. Maintenance and repair work on the jetty and surrounding rails will be put out to tender. The ‘fishermen’s ladder’ is in a very poor state of repair but replacement of this facility would be very costly. It is used by very few people and the ultimate solution may simply be to remove it. Further discussion is necessary. As always, the Committee will attempt to do as much as the budget allows.

HARBOUR REGULATIONS

The Harbourmasters work very hard to maintain high standards of operations, cleanliness and tidiness at the harbours. The Committee will do their utmost to back their efforts to make sure that harbour regulations are upheld. The Committee will be tightening up on ensuring that boat owners have adequate third party indemnity insurance.

PILOTAGE

The Committee wish to raise the pilotage examination and renewal fee from £6.00 to £10.00. This can be carried out by Resolution of Chief Pleas under the provisions of The Sark Pilotage Ordinance, 1992, Section 4. The Committee recommend that Chief Pleas approve the following proposition. Proposition – That the Sark Pilotage and Examination fee is increased from £6.00 to £10.00, with immediate effect. Conseiller Jan Guy Chairman, Harbours & Pilotage Committee

ITEM 14

GENERAL PURPOSES & ADVISORY COMMITTEE Report with proposition to Easter Chief Pleas, 22nd April 2009

MEMORANDA OF UNDERSTANDING

Chief Pleas Committees are increasingly being asked to sign Memoranda of Understanding (MoU) on behalf of Chief Pleas. They are not enforceable in law, but they show good faith to other jurisdictions. There is the possibility that the GP&A Committee will be requested to sign a MoU on the subject of Wire Transfers in the near future. Obviously any MoU should be brought to Chief Pleas for approval, before being signed off. Proposition - Chief Pleas approve this report and agree in principle to Chief Pleas Committees being able to sign Memoranda of Understanding with Chief Pleas’ approval. Conseiller Richard Dewe Chairman, General Purposes & Advisory Committee

ITEM 17

GENERAL PURPOSES & ADVISORY COMMITTEE Information Report to Easter Chief Pleas, 22nd April 2009

RENEWABLE ENERGY FROM TIDAL STREAMS

Since Christmas Chief Pleas, the Committee has arranged two public meetings with presentations being made by the interested companies that wish to develop renewable energy from the tidal streams around Sark. The first, given by Chris Bale, of Ocean Electric Power, was well attended by both Chief Pleas’ Members and the public. The second, the most recent, by Stuart Trought and colleagues, of Sark Renewable Energy, was not so well attended, with only eight Chief Pleas’ Members and not many more from the public. Both presentations gave a good indication on how they thought the industry would develop and how Sark would benefit at no cost to the Treasury. The Committee has had an informative meeting with the Guernsey Shadow Renewable Energy Commissioners, which has resulted in a very good working relationship and the Chairman of the GP&A Committee has been invited to attend their Forums. This is one sphere where each island can share information, for the mutual benefit of each, while still retaining their own authority over their territorial waters. The Committee has received a draft Projet de Loi, entitled “The Renewable Energy (Sark) Law, 2009” from the Law Officers and are in the process of studying this document, to see if meets Sark requirements. It should be in a position to inform Chief Pleas at its Mid-Summer Meeting whether to proceed with a project to harness Sark’s tidal currents as a renewable energy resource and - o bring the Projet de Loi, entitled “The Renewable Energy (Sark) Law, 2009” for approval; o specify their preferred developer and why; o produce a likely forecast on the annual revenue that could be expected to accrue to the

Treasury; o give information on the possible areas suitable for the production of tidal power; o request permission to sign a Memorandum of Understanding (MoU), on behalf of Chief

Pleas with the preferred developer. There are no propositions in this Report; however a vote of acceptance that the Committee is proceeding along the right lines would be welcome. Conseiller Richard Dewe Chairman, General Purposes and Advisory Committee

ITEM 18

CONSEILLERS J. HUNT and H. PLUMMER Report with proposition to Easter Chief Pleas, 22nd April 2009

2009 LIBERATION DAY PUBLIC VIN D'HONNEUR The Committee of the Sark Branch of the Royal British Legion would like to bring to Chief Pleas’ attention that this year’s visit by the Chelsea Pensioners on the 10th May will include General the Lord Walker, the Governor of the Royal Hospital and Lady Walker, accompanied by the Lieutenant Governor and Lady Malbon along with the Lieutenant Governor’s ADC. Lord Walker has never attended one of these events before and has made a point of attending this year as it is his last opportunity before retiring as Governor. It is believed that he is the first Governor of the Royal Hospital to visit on Sark’s Liberation Day. With such esteemed visitors attending Sark’s Liberation Day the Legion Committee considered it would be in Chief Pleas’ interest to support and fund a Public Vin D’Honneur at the Island Hall. This year, Liberation Day falls on a Sunday. The plan is that the Chelsea Pensioners are met by members of the British Legion at La Collinette and then escorted directly to Sark School to meet the children. Then between 12pm & 1.00pm attend the Vin D’Honneur before continuing with their programme hosted by the Legion. Proposition - That Chief Pleas agrees to and funds a Public Vin D'Honneur on 10th May (Liberation Day) at Sark Island Hall between 12pm & 1.00pm. Conseiller John Hunt Conseiller Helen Plummer

ITEM 19

DOUZAINE Information report to Easter Chief Pleas, 22nd April 2009

SARK SCHOOL and COMMUNITY CENTRE

The Douzaine wishes to Inform Chief Pleas that it is the Committee with responsibility for arranging the Island’s insurance and it has been informed of major problems at the Sark School and Community Centre, which is covered by Island policies. It is understood that in late January the main inlet pipe bringing water to the buildings failed. Investigations to ascertain for how long the water was escaping have been carried out and it is now clear that a large amount of water accumulated under the buildings. Our insurers (Norwich Union) were informed and there have been two meetings on site with their loss adjuster. The second of those meetings was also attended by a mainland representative of Norwich Union and an expert advisor on the problems involved in drying out buildings which have suffered such damage. The insurance claim will be high. The concrete pad on which the hall sits needs to be dried out, and in order for this to be done all floor coverings, flooring and under-floor insulation need to be removed and, once the concrete pad is dry, replaced to the original standard. From the insurance point of view matters are progressing and great effort is being applied to meet the needs of the users of the building while giving urgent attention to the problem. The Douzaine will continue to monitor the insurance claim on behalf of Chief Pleas and will report back in due course. Conseiller D Melling Deputy Chairman, The Douzaine

ITEM 20

EMERGENCY SERVICES COMMITTEE Information Report to Easter Chief Pleas, 22nd April 2009

THE EMERGENCY SERVICES SCALE OF CHARGES

Conseiller Helen Plummer Chairman, Emergency Services Committee

The Committee would remind Chief Pleas of the charges for the following services -

FIRE SERVICE Emergency Fire Call Free of charge

Non emergency calls/rescue calls/assistance to other Emergency Services hourly rates:

Fire Fighter £15.00 Officer In Charge £20.00

Water Deliveries Essential Water £17.00 per 600 Gallons Swimming Pools £20.00 per 600 Gallons

AMBULANCE SERVICE Emergency Calls £40.00 for the first 90 minutes

(£15.00 per person hour thereafter) Taxi Link-Box or [new] Trailer £15.00 Taxi Ambulance [non emergency] £25.00

(These charges are in addition to any charges levied by the doctor)

ADDITIONAL Sea Fisheries RIB for all calls by Emergency Services £15.00 per person hour

Plus fuel at cost