Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Animal Health (Jersey) Law 2016 & Subordinate Orders: Amendments: Law drafting instructions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 6 August 2019

Decision Reference: MD-PE-2019-0073

Decision Summary

Title :

 

Amendments to the Animal Health (Jersey) Law 2016 and subordinate Orders.

Date of Decision Summary:

2 August 2019

Decision Summary Author:

States Veterinary Officer

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title:

Amendments to the Animal Health (Jersey) Law 2016 and subordinate Orders.

Date of Written

Report:

2 August 2019

Written Report  Author:

States Veterinary Officer

Written Report :

Public or Exempt?

Public

Subject:  

Animal Health (Jersey) Law 2016 and subordinate Orders.

Decision(s):

The Assistant Minister –

(1) Agreed that the owners/persons in charge of bovines which have aborted or calved early should be required to notify the fact to the Minister; and

(2) Decided to make four diseases notifiable; and

(3) Decided to make it a requirement to licence the import of bovine semen from the rest of the British Islands

Reason(s) for decision:

To comply with EU Directive in intra community trade in bovine animals and enable Jersey to export cattle to EU Member States and Third Countries. To make certain disease notifiable to comply with EU legislation for trade.

Resource Implications:

There are no financial or manpower resource implications.

Action required:  

States Veterinary Assistant to request the Principal Legislative Drafter to prepare a revised draft Order for consideration by the Minister.

Signature: 

 

 

 

 

Deputy G Guida

Position:

 

 

 

 

Assistant Minister for the Environment

Date Signed:

 

Date of Decision (If different from date signed):

 

Animal Health (Jersey) Law 2016 & Subordinate Orders: Amendments: Law drafting instructions

Growth, Housing, Environment – Natural Environment

 Amendments to the Animal Health (Jersey) Law 2016 and subordinate Orders.

 

Purpose of the Report

To comply with EU Directive in intra community trade in bovine animals and enable Jersey to export cattle to UK, EU Member States and Third Countries. To make four diseases notifiable to comply with various EU legislation and some minor amendments to the import controls for bovine semen from the rest of the British Islands.

Background

Brucellosis is a notifiable disease of cattle which causes major economic losses and is also zoonotic, causing Undulant Fever in man. It was commonly known as Contagious abortion and although this terminology is rarely used now, it is descriptive of the clinical manifestation in cattle.

The EU require member States to make certain diseases notifiable because some are zoonotic and most are of major economic importance and are needed to facilitate trade.

      Rinderpest virus was a notifiable disease up until 2016 when it was removed. In 2017 Rinderpest virus was made a notifiable specified pathogen in the Animal Health (Jersey) Law 2016 when enacted. The World Organisation for Animal Health (OIE) reports the world was officially free from Cattle Plague also known as Rinderpest infection in May 2011. The last outbreak in Great Britain was in 1877. For trade to the UK and EU the requirement to notify the Minister must be maintained.

 

      Trichinellosis is a disease caused by the larvae of a small parasitic worm which can affect both animals and humans. People become infected by eating raw, undercooked or processed meat from pigs, wild boar, horses or game animals that contain the parasite.

 

      Teschen disease was a notifiable disease up until 2016 when it was removed. In 2017 Teschen disease was made a notifiable specified pathogen in the Animal Health (Jersey) Law 2016 when it was enacted.  It is a disease that affects pigs at all ages. The early clinical signs are; fever, loss of appetite, lack of energy and lack of coordination. Pigs may also grind their teeth. The disease affects pigs suddenly. It is often fatal, though mildly affected animals may survive.

 

      Psittacosis/Ornithosis was a notifiable disease up until 2017 when it was removed. It is a disease of some classes of poultry and pet birds and causes respiratory disease in humans. It would need controlling in the event of an outbreak. It is necessary to be included as it required to be notifiable in EU legislation for the movement of zoo birds under the Balai Directive. For trade to the UK and EU the requirement to notify the Minister must be maintained.

 

 

To enable the States Veterinary Officer to control the import of semen from the other British Islands, and protect our high health status, it is necessary to reintroduce a licence requirement for bovine semen. Jersey is the only part of the British Islands to have EU official freedom for Infectious Bovine Rhinotracheitis. It would mean that in the case of a disease outbreak in the British Islands the Minister could withdraw or amend the licence to deal with any threat to our official freedom of diseases. 

Discussion

The UK is recognised as Officially Brucellosis Free by the EU and the Government of Jersey has a program of testing in place to test all the island herds with the aim of gaining Official Brucellosis Freedom from the EU. One of the conditions of compliance is a statutory requirement to notify bovine abortion to the Minister, who has powers to investigate. The requirement to notify has not been present in Jersey legislation since 2017, therefore, the Minister could be vulnerable if this came to light when exports to the UK, EU and beyond take place.

The Government of Jersey need to make four diseases notifiable and ensure it has in place the correct mechanisms to regulate the import of semen from the British Islands so as to meet its obligations with the EU to permit trade off the island. 

Conclusion

The Animal Health (Surveillance) (Jersey) Order 2017 should be amended to require the notification of abortion and early calving to ensure compliance with EU Directives on trade in bovine animals and to assist disease surveillance. The Animal Health (Jersey) Law 2016 should be amended to include the four diseases and necessary amendments made to the relevant animal health Orders. The Artificial Insemination of Domestic Animal (Bovine Semen) (Jersey) Order 2008 should be amended to require bovine semen imports to be licenced by the Minister.

The proposed changes are proportionate and will allow by Order the necessary amendments to be made to affected legislation to ensure that controls and with that, export access, are maintained.

Recommendation

 

The addition to the Animal Health (Surveillance) (Jersey) Order 2017 of the requirement to notify abortion and early calving. The addition to the Animal health (Jersey) Law 2016 of the requirement to make four diseases notifiable and amend relevant animal health Orders to ensure controls are in place. The addition to the Artificial Insemination of Domestic Animal (Bovine Semen) (Jersey) Order 2008 of the requirement to require bovine semen imports to be licenced.

 

2 August 2019

 

Written by:

States Veterinary Assistant 

 

 

Approved by: 

Director – Natural Environment

 

 

 

 

Ministerial Decision Case: MD-PE-2019-0073

 

Page 1 of 2

 

Back to top
rating button