Management and Maintenance of the Havre des Pas Site (P.94/2025): amendment (P.94/2025 Amd.) – amendment

STATES OF JERSEY

MANAGEMENT AND MAINTENANCE OF THE HAVRE DES PAS SITE (P.94/2025): AMENDMENT (P.94/2025 AMD.) – AMENDMENT

Lodged au Greffe on 20th November 2025 by Deputy D.J. Warr of St. Helier South Earliest date for debate: 25th November 2025

STATES GREFFE

2025   P.94 Amd. Amd.

MANAGEMENT AND MAINTENANCE OF THE HAVRE DES PAS SITE (P.94/2025): AMENDMENT (P.94/2025 AMD.) – AMENDMENT ____________

1  PAGE 2, PARAGRAPH 3 –

Substitute the words "seek vacant possession of the site in accordance with the notice that has been duly served under the Loi (1919) sur la Location de Bien- Fonds" with the words "extend the licence of the current commercial tenant".

Delete the second set of words "seek vacant possession of the site". 2 PAGE 2, PARAGRAPH 4 –

After the words "as part of any future lease", insert the words ", or alternative management model,".

After the  words  "at least  £60,000", insert the  words  ",  but  not more  than £170,000".

 DEPUTY D.J. WARR OF ST. HELIER SOUTH

Note:  After this amendment, the amendment would read as follows –

1  PAGE 2 –

For the words "end of January 2026" substitute "25th December 2025". 2  PAGE 2, PARAGRAPH (a) –

For the words "terminate all ongoing negotiations and any associated tender processes" substitute "receive the report and findings of the independent review which has been commenced into the Expressions of Interest Process for the lease".

Delete the words "relating to the management, occupation or letting".

After the words "Havre des Pas Bathing Pool" insert "and Café".

Delete the words ", including the current process for a proposed nine-year lease".

3  PAGE 2, PARAGRAPH (b) –

For the words "transfer of" substitute "report to be presented to the States and, based on its findings, either confirm a lease for the".

After the words "Havre des Pas Bathing Pool" insert "and Café".  For the words "to the future charitable body Love Our Lido' (the charity)" substitute "in accordance with R.158/2025".

After the words "community-led model for the site" insert ", or extend the licence of the current commercial tenant whilst any issues raised in the findings of the report are addressed and resolved, or seek vacant possession of the site whilst the expressions of interest process recommences afresh, and to present a report to the States explaining the action that is to be taken".

4 PAGE 2, PARAGRAPH (c) –

  Before the words "implement a formal management and funding agreement"

insert "as part of any future lease, or alternative management model, with any party for the Bathing Pool and Café,".

  In sub-paragraph (ii), for the word "Charity" substitute "lessee".

In sub-paragraph (iii), for the word "underwrite" substitute "ensure".

In sub-paragraph (iii), for the word "£170,000" substitute "at least £60,000, but not more than £170,000".

In sub-paragraph (iii), for the words "apportioned across the relevant departments that  benefit  from  or  interact  with  the  site,  including  infrastructure,  Visitor Economy, Sport, Arts & Culture, and Health, with" substitute "provided from within the Infrastructure Head of Expenditure, with any additional annual public funding to be agreed prior to a lease being signed, and to permit".

In sub-paragraph (iii), after the words "and improvement funding" insert "for the site to be".

In sub-paragraph (iii), for the words "the charity" substitute "a charity or other body as part of the lease agreement".

5 PAGE 2, PARAGRAPH (d) –

For the word "Charity" substitute "lessee".

After the words "to include regular reporting to the" delete "publicly elected".

Note:  After this amendment, the proposition would read as follows –

THE STATES are asked to decide whether they are of opinion

to request the Minister for Infrastructure, in consultation with the Council of Ministers, and before 25th December 2025, to –

1. receive the report and findings of the independent review which has been commenced into the Expressions of Interest process for the lease of the Havre des Pas Bathing Pool and Café;
2. arrange for the report to be presented to the States and, based on its findings, either confirm a lease for the management and maintenance for the Havre des Pas Bathing Pool and Café site in accordance with R.158/2025, acting on behalf of the public of the Island of Jersey, to deliver a sustainable, community-led model for the site, or extend the licence of the current commercial tenant whilst any issues raised in the findings of the report are addressed and resolved, or seek vacant possession of the site whilst the expressions of interest process recommences afresh, and to present a report to the States explaining the action that is to be taken;
3. as part of any future lease, or alternative management model, with any party for the Bathing Pool and Café, implement a formal management and funding agreement to include the following terms –

1. the Government of Jersey shall retain full ownership of the superstructure and insure it accordingly;
2. the lessee shall assume full responsibility for site management, operations, safety, and day-to-day maintenance;
3. the  Government  shall  ensure  an  index-linked  baseline contribution of at least £60,000, but not more than £170,000 per annum, to be provided from within the Infrastructure Head of Expenditure, with any additional annual public funding to be agreed prior to a lease being signed, and to permit any additional enhancement, event, and improvement funding for the site to be raised independently by a Charity or other body

as part of the lease agreement; and

4. establish an operational partnership framework between Government and the lessee to include regular reporting to the 'Lido Steering Group', and inclusion  of  community  and  user-group  representation  in  all  major decisions.

REPORT

I entered politics due to my frustration with politicians who forgot about the importance of small businesses to our economy when the COVID shutdown took place. My first- hand experience was that not one politician or government official made any attempt to contact us the day before shutdown occurred and as a result we were forced to give away £1,000's of pounds of fresh produce that we had anticipated selling.

History is repeating itself at the Havre des Pas pool and café. The Minister makes no reference on the economic impact that his actions to delay this debate further will have on the current tenant and his staff. This is why I have brought an amendment to his amendment. I understand what it's like as a small business owner to be under threat from the actions of big Government. I want us to show some respect to the existing tenant and his team, and I trust members will support me on this matter.

I recognise that the time required for an independent review of the tender process will take longer than  originally envisaged. As  a  result, the  debate  on my proposition (P.94/2025) would need to be delayed further. The Minister's amendment seeks to make major changes to my original proposition and whilst I respect the need for further delay, I am also alive to the fact that this may well have a detrimental effect on the ability of the café to remain open whilst the outcome of the review is awaited.

I think we can all agree that the last thing the community wants is for the café to have to shut its doors whilst we await the outcome of the review, no matter what is ultimately decided.

Not only does it affect the people who use the pool facility it will also be catastrophic for the business owners as well as the staff who will need to be made redundant ahead of the Christmas period. With this in mind I have requested a change to the original wording of the amendment to read as follows –

"extend the licence of the current commercial tenant whilst any issues raised in the findings of the report are addressed and resolved".

Since my proposition was originally lodged the Assembly refused to accept my short lodging period, because members believed that the Proposition would be debated on the sitting of the 25th November. In their report to my Proposition the Government state – "It is of course the right of Members to set aside that process should they so wish, but the result would be more delay, wasted costs and stagnation".

Despite my attempts to get this matter debated in the normal course of business the result of the latest amendment is to cause further delay, and that is why I feel it is appropriate  to  request  members  to  accept  my  amendment  to  the  Government's amendment.

My two further changes are more minor. I consider that we should be looking at the La Vallette model in Guernsey which is different to the lease model the Government is putting forward and I believe it is important that we leave that option on the table.

Finally, I have included the £170,000 figure to remind members that Love our Lido was not requesting a "grant" per se rather a "back stop" given the lack of clarity over the true annual costs of maintaining the infrastructure of the Havre de Pas pool and café.

I ask that members support my amendment.

Financial and staffing implications

There are no financial and staffing implications other than those already identified in the original proposition and amendment.

Children's Rights Impact Assessment

I consider that this amendment has no direct or indirect impact on children and that the duty to have due regard to the UN Convention on the Rights of the Child does not arise. Accordingly, a Children's Rights Impact Assessment is not required under the Children (Convention Rights) (Jersey) Law 2022.