Scrutiny concerns over new maritime legislation

A scrutiny panel in Jersey has raised concerns after it reviewed proposed regulations aimed at strengthening maritime legislation on the island.

The Economic and International Affairs Scrutiny Panel said new proposed legislation did not include "sufficient provisions to deter operators of ships navigating while under the influence of alcohol or drugs".

It said under the proposed changes, law enforcement would only be permitted to test for alcohol or drugs if a vessel had operated in a careless way or where it had resulted in the serious injury or death of another person.

The panel said the new proposed legislation was not being "taken seriously enough". The proposition will be debated later.

"The panel believes this sends a very mixed message from the Government about what is acceptable when operating a vessel and is at odds with what is expected of road users," it said.

In its comments paper, the panel recommended the minister for Sustainable Economic Development should analyse the data of all maritime accidents and call outs of the coastguard on a quarterly basis to establish if there had been an increase in cases that involved drugs or alcohol.

If there was, the panel suggested the minister should consider updating the regulations to include provisions for breathalysing ship operators on suspicion of alcohol or drug consumption.

Deputy Montfort Tadier, the chair of the panel said while evidence suggested the number of incidents involving drugs or alcohol in the island's water was "relatively low", the figures were likely to only reflect occasions when they were tested for.

He said: "What concerns the panel is that incidents involving drugs or alcohol may be missed as they do not meet the thresholds of dangerous or careless operation of a vessel or have not resulted in the death or serious injury of another person.

"The panel recognises that it is not necessarily appropriate to apply the rules of the road to the sea, but we do recognise that like cars, vans and trucks, boats can be very dangerous too, when operated incorrectly.

"The panel therefore cannot accept that the proposed regulations fully meet their intended purpose and will be considering its next steps."

The proposition is due to be debated by the States Assembly on Tuesday.

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