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Information and public services for the Island of Jersey

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

Ash (Fraxinus) trees, plants or logs: Prohibition of Importation

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 12 November 2012:

Decision Reference:   

Decision Summary Title:

Prohibition of the import of Ash (Fraxinus) trees to Jersey

 

Date of Decision Summary:

7th November 2012

Decision Summary Author:

Plant Pathologist & laboratory Manager

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

 Oral

Person Giving

Oral Report:

S. Thomson

Written Report

Title:

 

Date of Written Report:

 

Written Report Author:

 

Written Report :

Public or Exempt?

 

 

Subject:  Prohibition of the import of Ash trees to Jersey

Decision(s):

On 26th October 2012, and via Ministerial Decision MD-PE-2012-0113, the Minister decided to prohibit the import of Ash (Fraxinus) trees, plants and logs with immediate effect and for an unspecified period. Since the 26th October, and following consultation with the U.K. Food and Environment Research Agency, it has been established that the risk of importation of Chalara fraxinea via logs for firewood is negligible. Importation of Ash logs from which all foliage has been removed is therefore permitted with immediate effect. The prohibition on the importation of Ash plants remains in place. 

 

This action is taken to avoid or reduce the risk of importation and establishment of Chalara dieback of ash caused by the pathogenic fungus Chalara fraxinea.

 

Provision exists within Plant Health (Jersey) Law 2003 Article 5 (1) (a) – The Minister may make Orders regulating or prohibiting for the purposes of this Law- (a) the import, export, movement, sale and keeping of plants, and of plant pests and other significant things;

 

And Article 5 (2) – An Order may, for the purposes of this Law, authorise the taking of action, or the giving of orders to take action, to reduce or avoid the dangers posed by plant pests and other significant things.– Approvals. The Minister may give his or her approval in relation to a pesticide of any description.

 

This Ministerial Decision will be enacted with immediate effect and be reviewed periodically by the Head of Plant Health for the Minister.

 

 

 

Reason(s) for Decision:

This action is taken to avoid or reduce the risk of importation and establishment of Chalara dieback of ash caused by the pathogenic fungus Chalara fraxinea.

Resource Implications:

Few. The Plant Health Inspectorate are already informing and inspecting importers.

Action required:

All actions will be performed by the Plant Health Laboratory and Inspectorate unless an outbreak is confirmed.  In this case inter-departmental cooperation may be required.

Signature:

 

 

Position:

Minister

 

Date Signed:

 

Ass Dir Initials

Date of Decision (If different from Date Signed):

 

 

CEO Initials

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