Scrutiny has more questions about key documents published as part of proposed new maritime law
Scrutiny
27 October 2025
The Economic and International Affairs Scrutiny Panel has welcomed the decision to defer a debate on proposed new maritime laws after raising concerns about how the new offences will be policed and enforced.The Panel had previously raised concerns about the lack of clarity around who, between the Ports of Jersey and States of Jersey Police, would be responsible for enforcing and carrying out breathalysing tests in cases where alcohol was suspected of being an aggravating factor in an incident which resulted in the death or serious injury of another person, as outlined by the proposed Regulations.
As part of the Scrutiny process, a draft Memorandum of Understanding (MoU) was presented in confidence to the Panel detailing how the policing will be divided up between the States of Jersey Police and the Ports of Jersey. The document was also presented to the Panel’s adviser, Professor Claire de Than, to review.
In its recently published Comments, the Panel raised concerns that the document had not been presented to States Members ahead of the proposed debate. The Panel was also concerned by the lack of detail contained within the document regarding financial arrangements, reporting requirements, codes of practice and timelines. It requested that the Minister for Sustainable Economic Development update the document to reflect these elements and issue it to Members prior to the debate.
Following the publication of the MoU, the Panel noted that its comments had not been reflected in the updated document and requested that the debate be deferred so that the Minister could give them the appropriate consideration. The Minister agreed to defer the debate until the next States Meeting.
Deputy Montfort Tadier, Chair of the Panel, said: ‘It is important that there is clarity regarding the roles and responsibilities that our enforcement agencies are expected to undertake in the types of cases covered by the proposed Regulations. We know States of Jersey Police and the Harbour Master are both facing a number of pressures on their resources. Ensuring that each agency knows what is expected of it will help to ensure that pressure can be appropriately managed. The MoU is not a legally binding contract; however, it is vital in defining working relationships between agencies. The Panel feels the published MoU still lacks the detail that would be expected of it. We thank the Minister for delaying the debate to that our concerns can be appropriately addressed.’
The Panel’s review has also highlighted the need for a cultural shift to ensure that the proposals meet their aim of making Jersey’s waters safer and suggests that further education may be needed to support this, especially around the consumption of alcohol at sea.
