Aviation Security Regulation: Transfer of functions to Chief Minister and amendment of functions of the Director of Civil Aviation

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A decision made 21 December 2011:

Decision Reference: MD-C-2011-0152

Decision Summary Title :

Aviation security regulation - transfer of functions to CM and amendment of functions of DCA

Date of Decision Summary:

15 December 2011

Decision Summary Author:

International Relations

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 :

Aviation security regulation – transfer of functions and implementation

Date of Written Report:

15 December 2011

Written Report Author:

International Relations

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Aviation security regulation – transfer of functions to the Chief Minister and amendment of the functions of the Director of Civil Aviation

Decision(s):

The Chief Minister approved two reports, as attached, related to the following legislation and decided to lodge au Greffe –

the States of Jersey (Transfer of Functions no.5) (Economic Development to Chief Minister) (Jersey) Regulations 201-
the Civil Aviation (Amendment of Law) ( Jersey) Regulations 201-.

The Chief Minister proposed that these should both be debated by the States on Tuesday 21 February 2012.

Reason(s) for Decision:

The independent regulation of civil aviation security is a requirement of international organisations (ICAO), the European Union and the UK Department for Transport Security and Contingency Directorate (Transec).

The establishment of an independent aviation regulator has the following benefits:

Creation of a designated regulatory entity which meets the requirements of international organisations;
Effective separation of operator and regulator interests through separate Ministerial accountabilities;
Simplified and clearer definition of responsibilities for the airport operator, airlines and other regulated service providers;
Clearer accountability of government for ensuring the security of the travelling public;
Greater resilience / back-up of skills within the office of the Director of Civil Aviation;
Consistent and simplified implementation of aviation security standards for operators across the Channel Islands (with potential reduced bureaucracy and operator costs).

It is proposed to bring together the regulation of both aviation safety and aviation security in a single office for quality assurance and oversight, i.e. the office of the Director of Civil Aviation, in collaboration with Guernsey.

To implement these arrangements it is necessary to –

Transfer the functions under the Aviation Security (Jersey) Order 1993 from the Minister for Economic Development to the Chief Minister
Amend the Civil Aviation (Jersey) Law 2008, by Regulations under Article 10, to insert additional functions of the Director of Civil Aviation with regard to aviation security.

An Aviation Security Regulator has been appointed, in collaboration with Guernsey, to take up the responsibilities of the aviation security functions with effect from 27 February 2012.

Resource Implications:

There are no direct manpower or revenue implications arising from the transfer of function from the Minister for Economic Development to the Chief Minister.

The estimated 2012 cost for aviation security functions assigned to the office of the Director of Civil Aviation for Jersey will be -

Contracted part-cost for Aviation Security Regulator shared with Guernsey (includes employer's overheads, pension, social security etc)	£27,000
Annual security oversight audit (currently funded by Jersey airport)	£8,000
Miscellaneous travel / accommodation costs etc	£4,000
Total	£39,000.00

The costs of aviation security regulation are included in the annual aerodrome licence fee which funds the Directorate of Civil Aviation for Jersey.

Action required:

Chief Minister’s Department shall:

Forward the signed MD to the Greffe;
Forward–

(a) the draft States of Jersey (Transfer of Functions no.5) (Economic Development to Chief Minister) (Jersey) Regulations 201- and

(b) the Civil Aviation (Amendment of Law) ( Jersey) Regulations 201-,

with their respective reports, to the Greffe to be lodged before 10 January 2012, and to request the date for a States debate on 21 February 2012.

Signature:

Position:

Senator B.I. Le Marquand, Deputy Chief Minister

Date Signed:

Date of Decision (If different from Date Signed):

Aviation Security Regulation: Transfer of functions to Chief Minister and amendment of functions of the Director of Civil Aviation

Decision Summary

REPORT 1

States of Jersey (Transfer of Functions no.5) (Economic Development to Chief Minister) (Jersey) Regulations 201-

Summary

This report outlines the arrangements for the establishment of an independent regulator for aviation security by the transfer of responsibility for this function from the Minister for Economic Development to the Chief Minister.

Present situation

Duties and powers for ensuring aviation security are currently set out under the Aviation Security (Jersey) Order 1993, which extends to Jersey with appropriate adaptations and modifications the provisions of the UK Aviation Security Act 1982.

Under this Order, as construed in accordance with the States of Jersey (Amendments and Construction Provisions No.10) (Jersey) Regulations 2005, authority for ensuring aviation security standards are met currently rests with the Minister for Economic Development. At present the relevant arrangements are implemented and compliance monitored by the Jersey airport administration.

Reasons for establishing an independent regulator for aviation security

The independent regulation of aviation security is a fundamental requirement of the International Civil Aviation Organisation. Operators (aerodromes, airlines and other regulated service providers) are required to have in place effective security management systems, whilst there should be an independent body to monitor their compliance with international standards and provide regulatory oversight.

Standards for aviation security have been set by the European Union under Regulation (EC) 300/2008 on common rules in the field of civil aviation security, together with detailed implementing rules which require the establishment of a regulatory function for aviation security. It is essential for the unhindered movement of passengers and cargo between the Channel Islands and UK/Europe that Jersey meets these standards.

Jersey and the UK Department for Transport have agreed an Aviation Security memorandum of understanding which sets out their respective obligations, including a commitment by Jersey Airport to comply with the standards of the UK National Aviation Security Programme. Compliance with the UK programme requires the establishment of an independent aviation security regulator for Jersey.

The current arrangements, by which Jersey airport acts as both the regulated operator and has responsibility for regulating its own compliance, may lead to a potential conflict of interests and clearly fails to satisfy international standards for independent and impartial regulation.

Transfer of functions

To establish independence from the Airport operator, the responsibility for regulation of aviation security for Jersey would be established under the Chief Minister’s Department, in line with the responsibility for monitoring compliance with the relevant international conventions (e.g. the Convention on International Civil Aviation, 1944).

Those regulatory elements that are currently managed within Jersey Airport would then be assigned to an independent regulator – the Channel Islands Director of Civil Aviation – who is responsible to the Chief Minister (although operational implementation would remain the responsibility of Jersey airport, airlines and other regulated services).

Manpower and resources

There are no direct manpower or resource implications arising from this transfer of functions.

Conclusion

The establishment of an independent aviation security regulator under the Chief Minister has the following benefits:

Creation of a designated regulatory entity which meets the requirements of international organisations;
Effective separation of operator and regulator interests through separate Ministerial accountabilities;
Simplified and clearer definition of responsibilities for the airport operator, airlines and other regulated service providers;
Clearer accountability of government for ensuring the security of the travelling public.

Aviation security is a matter of public interest in view if the potential risk from terrorist activity. The public of Jersey will be reassured that their aviation security is treated as a priority by government, and there are structures in place to ensure their protection in compliance with international standards.

The States of Jersey (Transfer of Functions no.5) (Economic Development to Chief Minister) (Jersey) Regulations 201- will give effect to the independence of the aviation security regulator from the regulated airport operations in Jersey.