Statement by the Minister for the Environment in response to Complaints Board findings (R.131/2025)

STATEMENT TO BE MADE BY THE MINISTER FOR THE ENVIRONMENT ON TUESDAY 25th NOVEMBER 2025

Response to States of Jersey Complaints Board Findings, R.131/2025

I stand to present two important documents to this Assembly. The first is my Ministerial Response to the Complaints Board's report R.131/2025. The second is the Regulation Directorate's Statutory Nuisance Report on vibration and resonance.

These matters have attracted considerable attention, and rightly so. They concern the interpretation and application of the Statutory Nuisances (Jersey) Law 1999, and the handling of a complaint that has caused significant distress to an Islander. I want to start by acknowledging that distress. I am genuinely sorry for the suffering experienced by the complainant. While I consider that the Directorate acted within the legal framework, I accept that we could have handled this case better. We will learn from this and improve.

Members will note that I have serious concerns about aspects of the Complaints Board's findings and its interpretation of the law. My position is clear: decisions must be grounded in the statute. Article 5 of the Law is unambiguous. The Minister must act when satisfied that a statutory nuisance exists. That requires credible evidence, not assumptions. To date, there has not been sufficient evidence that a statutory nuisance exists.

I agree with the Board on a key point: the Law needs review. I have consistently advocated for a review of the Statutory Nuisances Law, and I welcome the recommendation to make this a priority. However, Members are all too aware of the competing demands on the legislative pipeline. This has not been possible in the current term. I urge the next Government to make this a strategic priority, because Islanders deserve a framework that is clear, modern, and fit for purpose.

While I stand by the Department's legal position, I accept that our communication could have been clearer. Expectations were not managed as well as they should have been. We will address this. I have instructed officers to review and update our processes within the next 6 months, including:

• Publishing clear guidance on statutory nuisance investigations,

• Improving the nuisance diary format including questionnaire,

• Ensuring transparency at every stage, and

• Strengthening customer service training.

These steps will help complainants understand what can and cannot be achieved under the law, and ensure consistency in how cases are handled.

I also agree with the Board's recommendation to offer the complainant a reassessment of the case, which has been outlined in the second report I table today. I believe with independent facilitation during the reassessment we can restore confidence and engagement with the complainant. I have already reached out to the concerned Islander with an offer to meet.

Although I have concerns with the interpretation of the Law by the Board, I have accepted all four recommendations.

Finally, I want to address my non-attendance at the hearing. This was not out of disregard for the process or the complainant. It was a decision taken with great care and for one reason only: I have real concerns about the way hearings are conducted. However, I remain committed to constructive engagement. I am ready to meet with the Panel at any time and await their invitation so that we can move forward collaboratively and focus on solutions.

Members, these steps reflect my commitment to protecting public health, acting lawfully, and improving service delivery. I welcome your support in ensuring that Islanders have confidence in our statutory nuisance framework.