Proposals to amend the Asbestos (Licensing)(Jersey) Regulations 1997.

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (23/10/2007) regarding: Proposals to amend the Asbestos (Licensing)(Jersey) Regulations 1997.

Decision Reference: MD-S-2007-0071
Decision Summary Title :	Proposals to amend the Asbestos (Licensing)(Jersey) Regulations 1997		Date of Decision Summary:	12-10-07
Decision Summary Author:	Mrs Tammy Fage Health and Safety Inspector		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Proposals to amend the Asbestos (Licensing)(Jersey) Regulations 1997		Date of Written Report:	12-10-07
Written Report Author:	Mrs Tammy Fage Health and Safety Inspector		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Proposals to amend the Asbestos (Licensing)(Jersey) Regulations 1997
Decision(s): The Minister agreed the wording of the draft Regulations and accompanying report and instructed that they be lodged ‘au Greffe’
Reason(s) for Decision: To amend the existing Regulations to ensure that the requirement for work with asbestos materials to be restricted to licensed contractors is proportionate and reflects current practice
Resource Implications: There are no implications for the financial or manpower resources of the States
Action required: The Director of Health and Safety to arrange with the Law Drafting Department and States Greffe for the draft Regulations to be lodged ‘au Greffe’ for debate by the States
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Proposals to amend the Asbestos (Licensing)(Jersey) Regulations 1997.

Proposals to amend the Asbestos (Licensing)(Jersey) Regulations 1997

Introduction

On 15 June 2007 the Minister agreed the proposals for amending the Asbestos (Licensing)(Jersey) Regulations 1997, decision reference MD-S-2007-0041, and requested that the drafting instructions be forwarded to the Law Draftsman.

Because the present Regulations are short, and the proposed amendments affect a fairly substantial part of them, the Law Draftsman suggested that the existing Regulations be revoked and replaced by new proposed Regulations. This approach is supported by the Health and Safety Inspectorate.

The Law Draftsman has prepared a set of draft Regulations, the wording of which has been agreed by the Health and Safety Inspectorate as meeting the Law Drafting brief.

Proposed Health and Safety at Work (Asbestos-Licensing)(Jersey) Regulations 200-

The proposed Regulations will replace the Asbestos (Licensing)(Jersey) Regulations 1997, without substantial amendment. The amendments involve:-

1. The removal of a licensable product from the licensing regime

At present ‘asbestos coating’ covers any surface coating which contains asbestos. Scientific research has shown that the risks associated from thin textured decorative coatings such as ‘artex’ (TCs), which fall under the definition of a surface coating, are far less than that for other licensed products. Removing TCs from the licensing regime will ensure that the licensing regime is risk based, proportionate and reflect current evidence.

2. Changes to certain definitions

The definition of ‘asbestos insulation board’ has been amended to ensure all such materials are subject to the Regulations, irrespective of its intended use.

The definition of ‘asbestos cement’ has been amended to reflect new test methods.

3. Removal of the exemption for employers using their own workforces on their own premises from the Regulations

This exemption originates from the time when there was still some manufacturing of asbestos containing materials, and is no longer appropriate.

Recommendation

The Minister is requested to agree the wording of the new Regulations and instruct that the States Greffe arrange for them to be lodged ‘au Greffe’.

Social Security: 12th October 2007

File No. 3/16

Tammy Fage