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2007 Law Drafting Programme.

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A decision made (21/04/2006) regarding Law Drafting Programme 2007: Bids for inclusion.

Subject:

Law Drafting Programme 2007: Bids for inclusion

Decision Reference:

MD-HA-2006-0040

Exempt clause(s):

 

Type of Report (oral or written):

Written

Person Giving Report (if oral):

 

Telephone or

e-mail Meeting?

 

Report

File ref:

HAD/DPT 9

Written Report –

Title:

2007 Law Drafting Programme

Written report – Author:

Karen Slack

Executive Officer

Decision(s):

To agree that the following bids of the 2007 Law Drafting Programme (in priority order) should be forwarded to the Council of Ministers for their consideration:

· Young Offenders (Jersey) Law 1994 - amendment

· Police Procedures and Criminal Evidence (Jersey) Law - amendment

· Terrorism Law – amendment

· Firearms Law - amendment

· Civil Asset recovery of Proceeds of Crime Law

· Fire Precautions (Fixed Fire fighting Systems) Regulations

To approve the submission of a form to the Council of Ministers which indicates whether the above bids should be regarded as ‘essential’ or ‘desirable’; notes whether there are any items that can be dropped from the 2006 programme, or from work in progress; and provides an indicative list of items that are likely to be submitted for the 2008 and 2009 programme.

To seek the rescindment of Decision MD-HA-2006-0029.

Reason(s) for decision:

The Chief Minister’s Department requires a prioritised list of bids for law drafting time from each Department for inclusion in the annual Resource Plan.

Decision MD-HA-2006-0029 was taken before the bid for law drafting time to amend the Firearms Law was identified.

Action required:

The Executive Officer, Home Affairs, to send the completed law drafting questionnaires, the bid summary form and written confirmation of the decision to Jean-Marc Blanchet, the Administration and Project officer at the Chief Minister’s Department, so that they may be collated and submitted to the Council of Ministers for their consideration; and to request the Greffe to rescind decision MD-HA-2006-0029.

Signature:

(Minister/ Assistant Minister)

Date of Decision:

21 April 2006

Hide report
2007 Law Drafting Programme.

BRIEF FOR THE MINISTER

2007 LAW DRAFTING PROGRAMME

Introduction

As in previous years, the Chief Minister’s Department is preparing a draft law drafting programme for inclusion in the annual Resource Plan.

A slightly different approach is, however, being taken this year in respect of the prioritisation of bids for law drafting time, and the Corporate Management Board will be asked to prepare a draft prioritised list of legislation for the 2007 programme. This list will then be discussed by the Council of Ministers and, subject to approval by the Council, forwarded on to the States for consideration as part of the 2007 Business Plan.

As much information as possible has been requested in respect of each bid in terms of the impact of the proposed legislation on both the public and private sector, and clear links to objectives in the Strategic Plan are to be demonstrated.

Departments are asked to assess each bid, and decide whether it is an essential item, or an item for which law drafting time is desirable, and to place the bids in priority order. They are also asked to identify any items of work in progress and items included in the 2006 law drafting programme for which instructions have not yet been delivered that will not now (for whatever reason) be taken forward, and can therefore be dropped from the current programme. They are also asked to give an indication of the bids that they are likely to be making in 2008 and 2009.

Since Ministerial Decision MD-HA-2006-0029, relating to the items for inclusion in the law drafting programme for 2007, was taken by the Assistant Minister on the 4th April 2006, an additional item, relating to the Firearms Law has been identified. This item requires law drafting time in the 2007 programme, and the Minister is therefore requested to approve a new priority order for the bids, and to seek the rescindment of the previous decision.

Bids received

A total of six bids have been received in respect of the 2007 programme. They are summarised below in the order of priority which they have provisionally been allocated:

  1. Amendment to the Young Offenders ( Jersey ) Law 1994

This amendment would allow the Criminal Courts to sentence children between the ages of 12 and school leaving age to a period of secure custody where previous sanctions have not worked and/or the offending is too serious for community based sentences. This is particularly relevant in relation to the new secure Greenfields unit.

The proposed amendment has received approval from the Corporate Parent (the Ministers for Health and Social Services, Education, Sport and Culture and Home Affairs and the Probation Board); and the Courts (Deputy Bailiff, Magistrate and members of the Youth Panel) have been involved in discussions.

  1. Police Procedures and Criminal Evidence ( Jersey ) Law - amendment

This draft Law would amend the Police Procedures and Criminal Evidence (Jersey) Law 2003 (“PPCE”) and thereby mirror changes made to equivalent legislation in the United Kingdom, inter alia, enabling Police officers to remove for sorting material taken under a search warrant; to enable granting of ‘all premises’ search warrants; for granting of ‘street bail’; review of police detention over the telephone; taking of x-rays and ultrasound scans in relation to drug offences; to allow for the video recording of police interviews; for the taking of fingerprints without consent; for the taking of footwear impressions; for the taking of non-intimate samples without consent, and for drug testing where the person in custody is over 14 years of age.

  1. Terrorism Law – amendment

The UK is due to introduce significant new anti-terrorism measures to strengthen the Terrorism Act 2000 and the purpose of the amendment to the Law is to allow for some of these to be reflected in local legislation insofar as they are appropriate or relevant for Jersey.

Without this amendment, Jersey would be out of line with the UK in relation to dealing with terrorism and may be perceived as not being able to participate fully in the fight against international terrorism.

  1. Firearms ( Jersey ) Law - amendment

This amendment seeks to address the anomaly in the Firearms (Jersey) Law 2000, whereby a Connétable is the only person who can consider his or her own application for a firearms certificate, and exercise associated powers in relation to it, such as the power to revoke or impose conditions. The proposed amendment would allow for applications by the Connétables themselves, or their close relatives, to be made to the Minister for Home Affairs. The Minister would also be able to exercise the associated powers.

5. Civil Asset Recovery of the Proceeds of Crime (Jersey) Law

The current Proceeds of Crime Law only deals with the criminal confiscation of the Proceeds of Crime. No powers exist to allow for the civil confiscation of criminal assets. The UK, Ireland, US and other jurisdictions currently utilise civil asset recovery powers to trace, identify and confiscate the proceeds of crime.

This legislation would enable Jersey to assist overseas jurisdictions seeking to trace, seize and confiscate the proceeds of crime using civil recovery powers.

6. Fire Precautions (Fixed Firefighting Systems) Regulations

These regulations would introduce the requirement for automatic fixed fire extinguishing systems into all new or refurbished buildings having any compartment or storey which exceeds 5000 cubic metres.

The concern is that current Regulations do not take into account the relatively small firefighting resources available in Jersey, and allow the construction of large structures which, if they were to become involved in fire, may be beyond the operational capacity of the Island’s Fire & Rescue Service to extinguish or control.

Items included in the 2006 programme, which will now not be taken forward

All of the items that are included in the 2006 programme have been reviewed, and are all considered necessary.

Likely bids for 2008 and 2009

The States of Jersey Fire & Rescue Service have indicated that they will be bidding for further time in 2008 for a complete revision to the current Fire Precautions (Jersey) Law 1977.

There is also likely to be a bid for time in the 2008 programme for a complete review of all legislation relating to sexual offences.

Recommendation

I recommend that the Minister

1. agrees the priority order set out above

2. notifies the Chief Minister’s Department of the bids and the priority order by means of a Ministerial Decision

3. requests the rescindment of Ministerial Decision MD-HA-2006-0029.

Karen Slack

Executive Officer, Home Affairs

 

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