Scrutiny seeks clarification on enforcement of maritime safety legislation
Scrutiny
24 July 2025
A Scrutiny Panel has written to the Minister for Sustainable Economic Development to better understand who will be responsible for enforcing and policing proposed new offences outlined in a proposal aimed at making Jersey’s waters safer.The Economic and International Affairs Scrutiny Panel requested the referral of the draft Regulations for further scrutiny during the States Meeting held on 8 July 2025 after raising concerns that the proposals did not include sufficient provisions to deter operators from navigating ships while under the influence of alcohol or drugs.
During a public hearing held as part of the review, the Panel noted there was a lack of clarity around who, between the Harbour Master and States of Jersey Police, would be responsible for enforcing and carrying out breathalysing tests in cases where alcohol was suspected as being an aggravating factor in an incident which resulted in the death or serious injury of another person.
The Panel understands that a Memorandum of Understanding is due to be established regarding this matter but that this work has not yet been completed. The Panel would like to see a copy the agreement so it can better understand the impact on the resources available.
The Panel has also requested further details regarding the current legislation, penalties and enforcement that is in place for commercial vessels relating to their careless or dangerous operation and in relation to being under the influence of drugs or alcohol.
Deputy Montfort Tadier, the Chair of the Panel, said: ‘Evidence presented to the Panel suggests there is a lack of clarity as to how the proposed regulations will be policed, and where the different responsibilities will fall. The Panel is aware that budget constraints mean the States of Jersey are having to carefully consider how their resources are used. The Panel has already made it clear that we are concerned that a specific offence relating to the operation of a vessel while intoxicated has not been included in the draft regulations. Before we make any further recommendations or amendments to the proposition, we need to better understand how the current proposals would impact existing resources and what any further changes could mean for the Police or Harbour Master.’
The Panel is also keen to hear from people who use Jersey’s waters either for business or for pleasure, and from the public, regarding the proposals. Submissions can be emailed to [email protected].
The Panel will present its findings and recommendations to the States Assembly ahead of further debate on the draft Regulations which is due to take place in October.
