Draft Harbours (Inshore Safety) (Jersey) Amendment Regulations 202- (P.3/2025): addendum
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STATES OF JERSEY
DRAFT HARBOURS (INSHORE SAFETY) AMENDMENTS REGULATIONS 202- (P.3/2025) – ADDENDUM
Presented to the States on 20th October 2025
by the Minister for Sustainable Economic Development
STATES GREFFE
2025 P.3 Add.(2)
ADDENDUM
P.3/2025 (Draft Harbours (Inshore Safety) Amendments Regulations)
This document provides an addendum to, and should be read in conjunction with, the lodging Report relating to the Harbours (Inshore Safety) Amendments Regulations (P.3/2025), ahead of the propositions debate on 21st October 2025.
This addendum provides additional information relating to the amendments which may assist in understanding their function and how they will be enforced, and includes responses to the recent review undertaken by the Economic and International Affairs Panel.
Economic and International Affairs Panel Review
I am grateful to the Economic and International Affairs Panel for their thorough and comprehensive review of the proposition. Through public and private hearings, and several pieces of correspondence between the Panel and both myself and Ports of Jersey, the Panel has been provided with a high level of engagement.
Most recently, the Panel has published a comments paper in response to the proposition, which contains several findings and recommendations.
I am pleased the Panel's review has concluded that the introduction of mandatory breathalysing (when there is cause for suspicion) is a positive step in enhancing safety at sea, and has not requested any further amendments to the proposition at this time. I welcome the Panel's subsequent findings and recommendations and have set out my responses to each of these below.
Following the completion of the EIA Panel's review, I am pleased to include (in Annex 1) the signed MoU between Ports of Jersey and the States of Jersey Police which details the enforcement roles and responsibilities of both parties during the course of a maritime investigation.
Background
As the Report to P.3/2025 sets out, the amendments will make Jersey's territorial waters safer for all who use Jersey's waters, by strengthening our maritime legal framework and increasing user accountability.
This improvement will be delivered through the introduction of new offences relating to dangerous and careless operation of a vessel (including aggravated offences when drink or drugs has been involved) and new powers for the Harbour Master and Police to breathalyze those suspected of careless operation or serious harm.
The new offences have largely been modelled on those detailed within the Road Traffic (Jersey) Law 1956, to ensure consistency and proportionality across our legal frameworks. The proposition has been developed closely alongside Ports of Jersey and in consultation with the Justice & Home Affairs Department.
Panel's Recommendations
- The Minister for Sustainable Economic Development should ensure that the Memorandum of Understanding between the States of Jersey Police and Ports of Jersey is updated in line with the changes proposed in the Panel's comments.
The Ports of Jersey / States of Jersey Police Memorandum of Understanding has been finalised and signed and included as an annex to this addendum.
The content of MoU will be kept under review, including in relation to the suggested changes outlines in the Panel's comments. As per the agreement, the MoU must be reviewed by both parties at least every 3 years, however the MoU can be negotiated at any time at either Parties' request.
- The Minister for Sustainable Economic Development should ensure that the Memorandum of Understanding between the States of Jersey Police and Ports of Jersey is either published or, at a minimum, circulated to all States Members ahead of the debate, so that Members have the opportunity to review it in advance.
The MoU has now been provided via this Addendum.
- Should the draft Regulations be adopted, the Minister for Sustainable Economic Development should ensure that the Ports of Jersey Enforcement Policy is appropriately updated to reflect and incorporate the new offences as well as clear definitions to ensure consistent interpretation and application.
The Enforcement Policy was drafted with the Draft Regulations in mind to ensure compatibility. This notwithstanding, the policy is a living document and can be reviewed if required. The effectiveness of the policy will be continuously monitored by Ports of Jersey and Government officers.
- The Minister for Sustainable Economic Development should provide a confirmed timeline for the delivery of the training that Ports of Jersey will be receiving. Robust oversight mechanisms should be established to ensure consistency and quality of investigative practices across agencies enforcing the draft Regulations.
Enforcement powers have always been a responsibility which falls under the remit of Ports of Jersey, however it must be noted that Ports of Jersey staff exercising enforcement powers are not the same as police officers. They are trained specifically for their statutory duties, much like HSI Inspectors or Fisheries Officers.
In relation to these Regulations, Ports of Jersey has confirmed that the appropriate training to properly enforce the new offences has been secured and will be completed to ensure their operations will be compliant as soon as the Regulations come into force.
- The Minister for Sustainable Economic Development should monitor the implementation of these draft Regulations should they be adopted on an
annual basis including any incidents where consumption of alcohol or drugs are likely to have been a factor.
This process is in place and the Harbour Authority will continue to record all maritime incidents in Jersey's territorial waters. These are compiled into the Harbour Authority Annual Report and provided to the Minister for Sustainable Economic Development for oversight and review.
Should the Regulations be adopted, data on maritime incidents will also be provided to the Harbours and Airport Committee, to ensure comprehensive monitoring of incidents, including those involving alcohol and/or drugs. The Committee meets with the Minister to provide updates on a quarterly basis.
Further, going forward, the Annual Coastguard report will include enforcement statistics, to provide a transparent view of the implementation of the Regulations.
- The Minister for Sustainable Economic Development should consider introducing a standalone drink driving' offence in the future.
I will closely monitor the need for a standalone drink driving offence, via the review of enforcement statistics and close engagement with Ports of Jersey, pending the adoption of the regulations.
Given the sparser density of water traffic in Jersey's waters, a low level of alcohol consumption by non-commercial seafarers does not present as high a risk to safety as, for example, it does among road vehicle users.
Instead, P.3/25 introduces a bespoke offence for "operating carelessly whilst under the influence". This will provide the Harbour Master with the power to conduct breath tests if there is suspicion of careless operation (such as speeding or running the harbour lights).
The aim is to avoid penalising responsible operators. Given that only 3% of maritime incidents over the past three years were alcohol-related, there's little evidence of a consistent problem in Jersey of people dangerously operating vessels while under the influence.
The proposed amendments mirror the UK model where agencies like the MCA, Police, and local harbour authorities act based on reports or suspicion of careless operation rather than random testing. Jersey's approach seeks to balance international compliance with practical local appropriate enforcement.
This represents a measured and proportionate approach, which is supported by Ports of Jersey. While our waters are not currently deemed unsafe, these amendments will provide much-needed clarity on acceptable and unacceptable conduct, helping to prevent incidents before they occur.
- The Minister for Sustainable Economic Development should clarify why the equivalent offences for dangerous operation' whilst under the influence of alcohol or drugs were not considered necessary for inclusion in the draft Regulations.
The majority of the offences included in the proposition mirror Jersey's Road Traffic (Jersey) Law 1956, including the associated penalties, ensuring consistency and proportionality across our legal frameworks.
The proposition contains two separate maritime offences of varying severity: "dangerous operation" (the more serious charge) and "careless operation" (the less serious charge), which involve a lack of due care or consideration. Both offences can be aggravated by causing serious injury or death. However, the less serious "careless operation" charge can be further aggravated if it results in serious injury or death and the operator was under the influence of drink or drugs. This allows the Harbour Master to breathalyse simply on the suspicion of careless operation, without requiring proof of a serious accident, injury, or fatality.
- The Minister for Sustainable Economic Development should undertake a consultation with the boating community to explore effective approaches for enhancing knowledge and education related to ship operation and to reassess the minimum requirements for individuals operating ships.
Ports of Jersey has prepared an educational campaign regarding the new regulations, which will launch once the associated offences are confirmed and introduced into law. Ports of Jersey prioritises an education-first approach to maritime offences, which is evident from the very low reoffending rate within Jersey's waters (1.8%).
Further, Ports of Jersey frequently reviews the minimum requirements for individuals operating a ship in Jersey's waters, including monitoring other jurisdictions requirements, such as the UK and Red Ensign Group, to ensure Jersey's standards are balanced with international counterparts.
Annex 1: MoU between Ports of Jersey and the States of Jersey Police