Electronic Cigarettes: Regulation: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 5 April 2018:

Decision Reference: MD-HSS-2018-0015
Decision Summary Title :	Electronic cigarette regulation		Date of Decision Summary:	28 March 2018
Decision Summary Author:	Director of Public Health Policy		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Drafting of regulations for electronic cigarette regulation		Date of Written Report:	28 March 2018
Written Report Author:	Medical Officer of Health		Written Report : Public or Exempt?	Public
Subject: Drafting of regulations for electronic cigarette regulation.
Decision(s): The Minister directed officers to submit law drafting instructions to the Law Draftsman for the preparation of new regulations that will require electronic cigarette products to be regulated in accordance with the EU Tobacco Products Directive.
Reason(s) for Decision: The minister, in line with the States of Jersey tobacco strategy commitments, has agreed that it is a priority for Jersey to proceed with bringing into force regulations on electronic cigarettes. This will ensure improvements in quality, efficacy and safety of these products through measures addressing consistency and delivery of ingredients, the provision of clear and consistent messages and safety information to consumers, and restrictions on promotion and advertisement to avoid promotion to non-smokers, children and young people.
Resource Implications: None
Action required: Officers to submit law drafting instructions on electronic cigarette regulation to the Law Draftsman.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):

Electronic Cigarettes: Regulation: Law drafting instructions

States of Jersey

Strategic Public Health Unit, Community and Constitutional Affairs Department

Ministerial Decision: Drafting of regulations for electronic cigarette regulation

Background: Around 140 people in Jersey die prematurely every year from tobacco related disease and many more face the risks of smoking-related illness. Emerging evidence suggests that e-cigarettes may have a role in helping smokers to quit, and are becoming a popular method for this purpose. Evidence concerning their harms and potential benefits is constantly evolving and there have been concerns raised around the variation in quality and ingredients used, and the increased uncertainty as to the impact this has on health. However, overall current evidence suggests that vaping is significantly less harmful than smoking. It is vital that these products are made available and promoted to those you want to stop smoking, but also to ensure consistency and safety of product formulation and restrictions on promotion and advertisement to, non-smoker, and particularly children and young people.

Recommendation: For the Health Minister to instruct officers to proceed with law drafting instructions that ensures electronic cigarette products available in Jersey are regulated in terms of their promotion and advertisement, their constituent ingredients, safety and consumer information.

28 March 2018