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European Union (United Kingdom Exit - Animal Health and Welfare) (Jersey) Regulations 201-: Law drafting instructions

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.

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A decision made on 20 February 2019

Decision Reference:  MD-PE-2019-0022

Decision Summary Title :

Approval to request legislative drafting under the European Union (United Kingdom Exit – Animal Health and Welfare) (Jersey) Regulations 201-

Date of Decision Summary:

19 February 2019

Decision Summary Author:

States Veterinary Assistant

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 :

Proposal to draft Orders under the European Union (United Kingdom Exit – Animal Health and Welfare) (Jersey) Regulations 201-

Date of Written Report:

19 February 2019

Written Report Author:

States Veterinary Assistant

Written Report :

Public or Exempt? (State clauses from Code of Practice booklet)

Public

Subject:

Approval to request legislative drafting under the European Union (United Kingdom Exit – Animal Health and Welfare) (Jersey) Regulations 201-

Decision(s): The Minister requested legislative drafting of a number of Orders to deal with the consequences of Brexit changes to existing EU schemes under the European Union (United Kingdom Exit – Animal Health and Welfare) (Jersey) Regulations 201-

Reason(s) for Decision:

To ensure compliance after Brexit to control the risk of spreading serious diseases and to maintain trade in animals and animal products.

Resource Implications: There are no financial or manpower resource implications.

Action required:

Principal Legislative Drafter to be requested to draft legislation under the European Union (United Kingdom Exit – Animal Health and Welfare) (Jersey) Regulations 201-.

Signature:

 

 

 

 

Deputy John Young

Position:

 

 

 

 

Minister for the Environment

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

Hide report
European Union (United Kingdom Exit - Animal Health and Welfare) (Jersey) Regulations 201-

Growth, Housing, Environment – Natural Environment

 Proposal to draft Orders under the

European Union (United Kingdom Exit – Animal Health and Welfare) (Jersey) Regulations 201-

 

Purpose of the Report

It is proposed that the Minister for the Environment make a number of Orders to deal with the consequences of Brexit changes to existing EU schemes under the European Union (United Kingdom Exit – Animal Health and Welfare) (Jersey) Regulations 201-

Background

The UK is scheduled to leave the European Union on 30th March 2019. With that, directly applicable EU instruments with fall away. Furthermore, a significant amount of Jersey’s relevant domestic legislation will no longer have its desired powers of effect. Of course, a deal could be negotiated between the EU and the UK that mitigates against this. However, Jersey needs to ensure it is ready for Brexit, with or without a deal, and even if a deal is agreed at the last minute, it may not effectively and immediately cover the relevant areas.

Without amendments to Jersey’s affected legislation the veterinary services would no longer be able to enforce a range of fundamental controls, including import/export health controls for animals, semen, and animal products. Controls on animal welfare during transport would also cease to have effect.

This has a range of consequences:

-          Impaired ability to restrict the import of animals of lower health status, or from regions where certain serious diseases are present which are not present in Jersey and which we strive to keep out.

-          Impaired ability to enforce or enable appropriate welfare standards during transport.

-          As our Official Sanitary Controls for animal health status and our import controls are undermined they will lose credibility and fail to meet international standards. Due to concerns about health status, and the possible knock-on trade effects of accepting low health status imports, other countries, including the UK, may then no longer accept from Jersey animals, such as cattle, pets and horses, or animal products, such as dairy products and shellfish.

Discussion

These Orders are required as a result of Brexit. They are needed as the general Brexit timetable including the uncertainty, and last minute nature of the Brexit negotiations requires changes to be made rapidly. This is compounded by the large number of legal instruments that are affected and need to be amended before 30th March 2019 (one Law, and approximately nine Regulations and eight Orders).

 

Conclusion

The proposed changes are proportionate and will allow by Order the necessary amendments to be made to affected legislation to ensure that controls and with that, export access, are maintained.

Recommendation

 

The Minister is recommended to make the necessary Orders to deal with deficiencies arising from the withdrawal of UK from EU in the:

  • Animal Health (Jersey) Law 2016, its subordinate Regulations and Orders and any Regulations made under Article 2, 5A or 5B of the European Union Legislation (Implementation) (Jersey) Law 2014
  • EU Legislation (Aquatic Animal Health) (Jersey) Regulations 2016; and
  • Community Provisions (Welfare of Animals During Transport) (Jersey) Regulations 2013

 

19 February 2019

 

Written by:

States Veterinary Assistant 

 

 

Approved by: 

Director – Natural Environment

 

 

 

 

Ministerial Decision Case: MD-PE-2019-0022

 

 

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