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Scrutiny to review plans to introduce new offences aimed at strengthening Jersey’s maritime laws

Scrutiny

12 May 2025

The Economic and International Affairs Scrutiny Panel has launched a review into proposals to introduce penalties for individuals found guilty of harming other people while using Jersey’s territorial waters.

A proposition has been lodged by the Minister for Sustainable Economic Development after recent court cases highlighted it as an area that required improvement within the maritime legislation framework.

The proposed change to the Harbours (Inshore Safety) Regulations would introduce new offences relating to the dangerous or careless operation of a ship and for causing serious injury or death in such circumstances. It also aims to introduce aggravated offences for those in charge of a vessel who cause death or serious injury while under the influence of drugs or alcohol.

The Panel wants to examine the introduction of aggravated offences and explore if they are a sufficient deterrent, or if a separate offence should be introduced for those found to be under the influence of drugs and alcohol. The Panel will also consider if the provision for testing is sufficient to ensure the proposition meet the purpose of making Jersey’s territorial waters safer for everyone.

The Chair of the Panel, Deputy Montfort Tadier, said: ‘Many locals and visitors to Jersey enjoy spending time in or on the water, whether it is for sailing, swimming or because they run a business that is based around what the sea has to offer. Therefore, it’s important that the laws which govern our territorial waters enable the authorities to properly deal with any incidents that might occur, especially in cases where external factors such as drugs or alcohol may be an issue. These proposals, if approved, would give the Police and the Harbour Master the authority to carry out breath tests if they suspect an incident has occurred because of this. This review will investigate whether what has been proposed goes far enough or if more could be done to ensure it meets the aim, which is to make Jersey’s water safer for everyone.’

The Panel will question the Ministers for Sustainable Economic Development and Justice and Home Affairs about the proposals in an upcoming public hearing. The Panel also wants people who use Jersey’s waters either for business or for pleasure to email scrutiny@gov.je with their views.

The Panel will present its findings and recommendations to the States Assembly ahead of a debate on the proposition which is currently due to take place in July.