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Concerns remain over content of key document required to enforce proposed new maritime laws

Scrutiny

11 November 2025

The Economic and International Affairs Scrutiny Panel is still concerned by the lack of detail contained within a key document that outlines who, between the Ports of Jersey and the States of Jersey Police, would be responsible for policing and enforcing new maritime laws which have been presented to the States Assembly for debate.

The Panel has been reviewing the proposals to introduce new penalties for individuals found guilty of harming other people while using Jersey’s territorial waters. The proposals also include new aggravated offences in cases where alcohol or drugs are suspected to be involved.

The Panel had previously raised concerns that the Memorandum of Understanding (MoU), which was published in October, did not include detail regarding financial arrangements, reporting requirements, codes of practice and timelines. The Panel subsequently wrote to the Minister for Sustainable Economic Development to highlight its ongoing concerns and requested that the MoU be updated to reflect its recommendations.

Following the Minister’s official response the Panel notes that while some of its queries highlighting administrative errors have been addressed, the majority of the concerns raised are not due to be incorporated through in any further updates to the MoU. This includes definitions in relation to serious crimes, the use of ambiguous terms, and the support available to bereaved families.

Deputy Montfort Tadier, Chair of the Panel, said: ‘The proposed regulations aim to give the States of Jersey Police and Ports of Jersey the ability to better address serious incidents which may happen in Jersey’s waters. That is why it is important that there is clarity regarding the roles and responsibilities that each enforcement agency is expected to undertake. We feel that the current MoU contains some significant gaps in this regard, and, despite several requests, we are disappointed to see that they are yet to be addressed. The States Assembly will now need to decide if the information that has been provided is sufficient enough for it to adopt the proposals being presented, or if it feels more work is needed on them.’

The proposals will be debated during the next States Meeting which will begin at 9:30am on Tuesday 11 November.