Pilotage (Jersey) Law 200-.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (19/12/2007) regarding: Pilotage (Jersey) Law 200-.

Decision Reference: MD-E-2007-0227
Decision Summary Title :	Pilotage (Jersey) Law 200-		Date of Decision Summary:
Decision Summary Author:	Piers Baker – Maritime Compliance Manager		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 :	Pilotage (Jersey) Law 200- Report		Date of Written Report:	14 November 2007
Written Report Author:	Piers Baker – Maritime Compliance Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Pilotage (Jersey) Law 200-
Decision(s): The Minister has agreed the draft Pilotage (Jersey) Law 200- and accompanying report
Reason(s) for Decision: The drafting and consultation is now complete. These changes are necessary so that pilotage legislation may be put on a more up-to-date footing. It will address the reduction in the requirements for the service, allowing non-British persons to qualify as pilots as well as approving a Chief Mate for his/her Pilotage Exemption Certificate. The latter will be especially valuable in providing greater flexibility for shipping companies and reducing the pressure on the local pilots. Where appropriate, political processes such as the making of Regulations and Orders will be replaced by professional designations by the Harbour Master. The Service will become the responsibility of the Harbour Master, instead of that of individual pilots. Aspects of the existing legislation must be replaced in the light of the demise of the Company of Town Pilots. Without the new Law there would not be the legal basis for the long-term security of pilotage services in the Island.
Resource Implications: There are no new financial, ITC, property or human resources issues arising.
Action required: Following the Ministerial Decision, the draft Law will be lodged for debate at the earliest opportunity.
Signature: Senator P.F.C.Ozouf		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Pilotage (Jersey) Law 200-.

Pilotage (Jersey) Law 200-

REPORT

The States are asked to consider and if appropriate approve, a new Law to maintain and improve the provision of the pilotage service for ships in Jersey’s pilotage waters.

The Core Requirements

The current Law has served Jersey well for seventeen years from 1988 to 2005. However it assumes a private service requiring the pilots themselves to maintain and operate two vessels as well as contribute to their own separate pension scheme.

The pilotage service in Jersey has shrunk over the years, partly due to the fact that fewer but larger ships now use the port than in the past. Over the years a parallel reduction occurred in the number of pilots until a point was reached that the service was no longer capable of being self-supporting.

Jersey Harbours has adopted a strategy to ensure the core service is maintained. This included employing Assistant Harbour Masters as pilots when required and taking on the last remaining pilot from the Company of Town Pilots, the company being wound up in 2005. It is unlikely that a completely private service will ever again be self-sustaining. Article 4 of the draft Law thus ensures that States employees are recognised as legitimate providers of the service. Crucially, however, the form of words adopted allows for self employed pilots as well should the need arise.

The pilot cutters have been subsumed into Jersey Harbours and are now used more effectively in a multi-role capacity. This is formalised in Article 2 which ensures the Harbour Master will have responsibility for the service and not individual pilots.

Such measures have also been taken in similar situations in UK ports such as Poole.

Another aspect of the strategy is to seek recognition to the expertise of Chief Mates of ships so that they, as well as Ship Masters, may act as pilots qualified to carry out pilotage for their particular ships. Chief Mates of commercial ships entering Jersey are professionally qualified and capable of taking over command of their vessel should the need arise. There is every good reason for allowing them to qualify and this practice is already established in other jurisdictions, such as the United Kingdom. This change is achieved by Article 6(2).

Taken together these measures provide a platform on which to secure the long-term provision of pilotage services in Jersey.

Penalties

The current Law is also out-of-date in its use of fixed fine penalties, rather than making use of the Jersey Standard Scale of Fines. This is addressed by changing the penalties in accordance with advice from the Attorney General.

Simplifying the legislation

The setting out of the qualifications required to become a pilot and the process of examination to obtain a licence have previously been contained in States Regulations.

The current Regulations dictate that a pilot must have British nationality and hold a specific medical certificate that in fact is no longer available. Such rules are clearly not tenable.

The geographical areas in which a ship must carry a pilot have also been set by Regulation. They include the approaches to the old and now redundant Ronez quarry jetty at Sorel. The type and size of ship requiring pilots are also dictated by law and cannot be changed easily to reflect changing circumstances.

These are all professional, rather than political, matters and are subject to change as new international standards are set. It is therefore more appropriate if they are set and managed directly by the Harbour Master after he has consulted and taken the professional advice of those involved.

The current Law requires an Order to be made for pilotage fees. It is proposed that a better approach is to allow the responsibility to rest with the Harbour Master, providing the charges are reasonable and specifically relate to the service provided. Such a change fits the already established position that Jersey Harbours is a Trading Operation responsible for its own administration (Public Finances (Transitional Provisions – States Trading Operations) (Jersey) Regulations 2005, Regulation 3).

The draft Law replaces the need for Regulations and Orders to cover these matters by a process of designation and direction clearly spelled out in the primary law itself.

Control Mechanisms

Granting more direct responsibility to the professional team at Jersey Harbours is balanced by the Harbour Master having the legal duty to consult and then to publish the relevant determinations and directions. Decisions must always be reasonable in law.

The determination of qualifications, the examination and licensing processes as well as new pilotage directions will all be published before the Law is enacted.

Appeals against decisions to refuse, suspend or revoke a licence can be made direct to the Royal Court.

The Finance Minister remains (as now) able to make Orders to prescribe any necessary financial controls to be observed and may issue Financial Directions in respect of the financial control and administration of States trading operations, (Public Finance (Jersey) Law 2005, Article 26(3) and (4)).

Pension Regulations

The current Regulations were designed to ensure a provision was made for those employed in the old Company of Town Pilots. This is no longer applicable as there are no longer such employees. The Regulations will therefore fall on the repeal of the 1988 Law.

However, the draft law retains (at Article 17) the possibility of making new Regulations should the need ever arise. This avoids closing the door completely on employing private persons.

Consultation

Jersey Harbours has consulted closely with the existing general pilots and is in close contact with port users and those Special Pilots who, as Masters, currently pilot their own ships into and out of Jersey ports.

Resource Implications

There are no new financial, manpower, ICT or property implications for the States of Jersey as a result of this draft Law.

Human Rights Compliance

In accordance with the provisions of Article 16 of the Human Rights (Jersey) Law 2000, the Minister for Economic Development has made the following statement –

“In the view of the Minister for Economic Development the provisions of the Draft Pilotage (Jersey) Law 200- are compatible with the Convention Rights”.

14 November 2007

END