2009 LEGISLATION PROGRAMME - BID PRIORITISATION
MINISTER for PLANNING AND ENVIRONMENT |
BID REFERENCE | RATING (E, HD, D) | SUMMARY DESCRIPTION OF BID | BRIEF SUMMARY OF REASONS FOR RATING | SUMMARY OF IMPLEMENTATION COSTS/MANPOWER AND YEAR OF IMPLEMENTATION |
| E | Adoption of EC regulations governing the trade in Bovine Embryo and Ova | AG advises urgently needed to fill the loophole created by changes to the Artificial Insemination law | No additional costs |
| E | Protection of archaeological artefacts | Follows on from the designation of Archaeological sites and is a requirement of an EC Convention | No additional costs |
| E | Implementation of EC Directives associated with the adoption of EC Directive 88/407/EEC | Law officers advise that Jersey must give effect to these Directives which relate to the adoption of EC 88/407 governing the trade in Bovine Semen | No additional costs |
| E | Powers to monitor control and prevent TSE in susceptible animals | Necessary part of completing Jersey’s contingency plans for combating these serious diseases | No additional costs of monitoring. Possible compensation costs of culling if required |
| E | Update the Diseases of Animals Law | Out of date law incapable of dealing properly with the management of notifiable disease | No additional costs |
| E | Fish Health regulations | Jersey must conform to new Directive 2006/88/EC to maintain trade in shellfish | No additional costs |
| E | Revision of the Food and Environmental Protection Order 200- | The Order controls dumping at sea and relies on the UK FEPA act which is about to be subsumed into the UK Marine Bill | No additional costs |
INDICATION OF LEGISLATION LIKELY TO BE BID FOR IN 2010/2011
YEAR OF BID | RATING (E, HD, D) | SUMMARY DESCRIPTION OF BID | BRIEF SUMMARY OF REASONS FOR RATING | SUMMARY OF IMPLEMENTATION COSTS/MANPOWER AND YEAR OF IMPLEMENTATION |
2010/11 | E | Catch up on essential changes to Jersey Law as required to meet our obligations to conform and adopt to EU law as it applies to Agriculture. | Law Officers have advised that this is deficiency needs to be addressed. It makes adoption of more recent Directives that refer back almost impossible. | Very large but cannot be quantified at this stage pending more detailed research. |
2010/11 | E | Catch up on essential changes to Jersey Law as required to meet our obligations to conform and adopt to EU law as it applies to Veterinary | Law Officers have advised that this is deficiency needs to be addressed. It makes adoption of more recent Directives that refer back almost impossible. | Very large but cannot be quantified at this stage pending more detailed research |
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Please place all bids in the Minister’s order of priority.
SIGNED and DATED………………………………………………….Chief Officer
SIGNED and DATED………………………………………………….Minister
2009 LEGISLATION PROGRAMME - REQUEST
Please see accompanying notes about how to answer the questions.
Bids which do not contain all of the information requested may be marked down in the prioritisation process.
MINISTER – Planning and Environment |
SUMMARY DESCRIPTION OF BID Adoption of EC regulations governing the trade in Embryo and Ova |
BID REFERENCE (to be added by CMD - you will be notified of number assigned) |
OBJECTIVES |
1 What problem is to be resolved by, or benefit conferred by, the proposed legislation? The European Communities Legislation (implementation)(Bovine Semen)(Jersey) Regulation 200- will be presented in March 2008 for consideration by the States. The adoption of this Regulation which modifies the Artificial Insemination of Domestic Animals (Jersey) law 1952 will have the side effect of creating a lacuna with regards to controls on the trade in cattle embryo and ova. Thus adoption of the EC directives that govern intra-Community trade in and importation from third countries of embryos and ova of domestic animals of the bovine species is essential to ensure the health status of the Islands cattle and other domestic animals is maintained. |
2 How does the proposed legislation link to key objectives in the strategic plan It underpins 1.2 and 4.1 by ensuring a sustainable and productive dairy industry. |
3 How will the legislation benefit Jersey as a whole? Governs the trade in embryos and ova so that only those of the appropriate health (disease) status enter Jersey. This is essential as it protects the Islands cattle and other animals from potential devastating diseases. |
4 Must the legislation be in force by a particular date? If so, why? ASAP as explained in (1) there will be a period of a lack of controls until the legislation is adopted. |
SUPPORT |
5 Has the States approved the principle of what is proposed? If not, is the proposal politically contentious? Possible contentious as might be linked to the importation of Semen by those that oppose it. |
6 Is there any known support for, or opposition to, the policy? Supported by the majority of the dairy industry, and its representatives – the RJA&HS and the Jersey Milk Marketing Board. |
STATE OF DEVELOPMENT OF THE POLICY |
7 What consultation has there been on the policy? Consulted with the dairy industry representatives – the RJA&HS |
8 Does the proposal give rise to human rights, customary law or other legal issues? If so, have you obtained advice from the Law Officers that resolves these issues? NO. It makes Jersey protocol 3 complaint for this issue. |
IMPLEMENTATION |
9 How much will it cost the States to implement the legislation and in what year(s) do you expect these costs to arise? Can the costs be met from existing resources? If not, have you bid for and obtained additional funding? Minimal cost to omplement. Met from existing resources. |
10 Will implementing the legislation result in an increase in/ reduction of States’ manpower? If an increase, has this been identified in your budget manpower levels in the annual business plan? NO |
11 What will be the legislation cost the public and on whom will the cost fall? Consideration will be given to a small licensing charge to the importers and exporters of ova and embryo to cover vet time. |
THE LEGISLATION |
12 Do you think that the proposed legislation will be a new Law/ an amendment to an existing Law/ new subordinate legislation/ an amendment to existing legislation? Please identify all of the existing legislation that you think is affected and summarise all of the new legislation that you think will be needed Will need a new EC legislation (implementation) regulation which will modify the Artificial Insemination of Domestic Animals (Jersey) law 1952 to allow the minister to make an order that controls the trade in and practice of using embryo and ova. A separate order under the 1952 law will then need to be made that implements the necessary council directive(s) – mainly 89/556/EEC. |
13 Please outline what you think the legislation will contain 1. Implement into Jersey law Directive 89/556/EEC as amended by Council Directive 93/52/EEC and Commission Decision 94/113/EC. The Directive governs intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species; 2 Adoption of minor parts of Council Directive 92/65/EEC regarding controls of ova which references Annex A Chapter 1 of Council Directive 90/425/EEC. 3 regulate the collection and production of embryos destined for the domestic market or exports to third countries; 4 regulate the transfer of bovine embryos into recipients. |
DEPARTMENTAL RESOURCES |
14 Please identify the officer who will be responsible for the drafting instructions Chris Newton |
15 Can you confirm that the officer will have the resources to - · deliver the instructions in 2009 - · if so, when · review drafts and answer the draftsman’s queries on the instructions without delay yes by early 2009. |
SIGNED and DATED…………………………………………………………………CHIEF OFFICER |
2009 LEGISLATION PROGRAMME - REQUEST
Please see accompanying notes about how to answer the questions.
Bids which do not contain all of the information requested may be marked down in the prioritisation process.
MINISTER Planning and Environment |
SUMMARY DESCRIPTION OF BID Legislation to provide protection and management for artefacts of archaeological or other historic significance (including treasure, portable antiquities and human remains). |
BID REFERENCE (to be added by CMD - you will be notified of number assigned) |
OBJECTIVES |
1 What problem is to be resolved by, or benefit conferred by, the proposed legislation? The proposed legislation would provide a legislative framework for the protection and management of artefacts of archaeological or other historical significance, which is presently absent. Consequently, there are aspects of the Island’s heritage which remain unprotected and vulnerable to loss and damage, and which potentially render the Island in contravention of obligations under international convention. |
2 How does the proposed legislation link to key objectives in the strategic plan It will contribute towards the objectives of: 4.5: by ensuring that the Island’s heritage is sympathetically protected and managed; 5.2: by ensuring that Jersey is adhering to the international conventions which apply to it. (i.e European Convention on the Protection of the Archaeological Heritage (1992) extended to Jersey in 2000) |
3 How will the legislation benefit Jersey as a whole? a) it will provide protection and a clear management regime for artefacts of archaeological or other historical significance, including treasure, portable antiquities and human remains, which is presently lacking; b) it will assist with compliance with Article (iii) of the European Convention on the Protection of the Archaeological Heritage (1992), which was extended to Jersey in 2000 |
4 Must the legislation be in force by a particular date? If so, why? Without the provision of an adequate legal framework for the protection of archaeological or other historical significance there is a risk that: a) artefacts of value to the whole community will be without adequate protection, and potentially lost b) Jersey will continue to be in breach of the European Convention on the Protection of the Archaeological Heritage (1992). The extent of risk is heightened by the designation of the sites of archaeological interest (in Feb 2008) which has heightened the prospect of archaeological finds being made through the development control process. |
SUPPORT |
5 Has the States approved the principle of what is proposed? If not, is the proposal politically contentious? The proposal has received the support of the Planning and Environment Committee (B4, 29 August 2002). The matter has not been considered by the States. It is not believed to be politically contentious. |
6 Is there any known support for, or opposition to, the policy? Support for the legislation has been previously expressed by Jersey Heritage Trust, Societe Jersiaise, Jersey Metal Detecting Society and HM Receiver General. The need for the provision of such a legislative framework has been recognised by HM Solicitor General (see attached and at http://www.jerseylegalinfo.je/Publications/jerseylawreview/feb01/treasure_trove.aspx) . There is no known opposition to the policy. |
STATE OF DEVELOPMENT OF THE POLICY |
7 What consultation has there been on the policy? The proposal to revise existing and to secure new legislation on this matter emerged from a public forum. The proposal was the subject of a wider consultation on supplementary planning guidance in Archaeology and Planning in 2006. The need for the provision of such a legislative framework has been recognised by HM Solicitor General (see attached and at http://www.jerseylegalinfo.je/Publications/jerseylawreview/feb01/treasure_trove.aspx) . |
8 Does the proposal give rise to human rights, customary law or other legal issues? If so, have you obtained advice from the Law Officers that resolves these issues? The application of customary law to the treatment of finds remains unclear and untested. Opinion has been offered by HM Solicitor General (see attached and at http://www.jerseylegalinfo.je/Publications/jerseylawreview/feb01/treasure_trove.aspx) |
IMPLEMENTATION |
9 How much will it cost the States to implement the legislation and in what year(s) do you expect these costs to arise? Can the costs be met from existing resources? If not, have you bid for and obtained additional funding? Costs of administering the legislation are not considered to be onerous because of the relative infrequency of finds and any such costs would be met from existing resources. Costs arising for the management of finds associated with the development control process would fall to be borne by developers. |
10 Will implementing the legislation result in an increase in/ reduction of States’ manpower? If an increase, has this been identified in your budget manpower levels in the annual business plan? Implementing the legislation would not, of itself, result in any change to States manpower levels. |
11 What will be the legislation cost the public and on whom will the cost fall? The construction and development industry are most likely to bear the cost associated with implications of implementing this legislation as finds are most likely to arise as a result of development activity. |
THE LEGISLATION |
12 Do you think that the proposed legislation will be a new Law/ an amendment to an existing Law/ new subordinate legislation/ an amendment to existing legislation? Please identify all of the existing legislation that you think is affected and summarise all of the new legislation that you think will be needed A single item of legislation |
13 Please outline what you think the legislation will contain Definitions (of treasure etc); searching, reporting and treatment of archaeological and historic artefacts (including human remans); responsibility for determining whether item is Treasure Trove and resolution of claims; acquisition of finds; valuation of finds; rewards; powers of entry and investigation; and new offences |
DEPARTMENTAL RESOURCES |
14 Please identify the officer who will be responsible for the drafting instructions Kevin Pilley |
15 Can you confirm that the officer will have the resources to - · deliver the instructions in 2009 - · if so, when · review drafts and answer the draftsman’s queries on the instructions without delay Yes |
SIGNED and DATED………………………………………………………………CHIEF OFFICER |
2009 LEGISLATION PROGRAMME - REQUEST
Please see accompanying notes about how to answer the questions.
Bids which do not contain all of the information requested may be marked down in the prioritisation process.
MINISTER Planning and Environment Minister |
SUMMARY DESCRIPTION OF BID Implementation of associated directives to European Communities Legislation (implementation)(Bovine Semen)(Jersey) Regulation 200- |
BID REFERENCE (to be added by CMD - you will be notified of number assigned) |
OBJECTIVES |
1 What problem is to be resolved by, or benefit conferred by, the proposed legislation? The European Communities Legislation (implementation)(Bovine Semen)(Jersey) Regulation 200- will be presented in March 2008 for consideration by the States. This regulation implements EC directive 88/407/EEC and refers and depends upon other EC directives (such as 64/432/EEC). Richard Whitehead refers to the outstanding items in his email of 20 November 2007 to Clive Borrowman and that they need to be dealt with to be fully compliant. |
2 How does the proposed legislation link to key objectives in the strategic plan It underpins 1.2 and 4.1 by ensuring a sustainable and productive dairy industry and protects the health stratus of other animals in Jersey. |
3 How will the legislation benefit Jersey as a whole? Makes sure that we are fully compliant with the requirements of Protocol 3 in respect of Bovine Semen. This is important as the regulation(s) govern the trade in semen so that it only enters and leaves Jersey if it is of the appropriate health (disease) status. This is essential as it protects the Islands cattle and other animals from potential devastating diseases. |
4 Must the legislation be in force by a particular date? If so, why? As soon as possible as the European Communities Legislation (implementation)(Bovine Semen)(Jersey) Regulation 200- will be already be in force. |
SUPPORT |
5 Has the States approved the principle of what is proposed? If not, is the proposal politically contentious? NO – R&P for European Communities Legislation (implementation)(Bovine Semen)(Jersey) Regulation 200- will be debated by the States in March/April 2008. |
6 Is there any known support for, or opposition to, the policy? N/A – If the R&P on European Communities Legislation (implementation)(Bovine Semen)(Jersey) Regulation 200- is successful then these just flow from it. |
STATE OF DEVELOPMENT OF THE POLICY |
7 What consultation has there been on the policy? Richard Whitehead and the Attorney General has indicated the need for this work as explained in (1). For example please refer to the email from Richard Whitehead on 20 November 2007 to Clive Borrowman and the memo from the Attorney General to Chris Newton on 13 December 2007 (point 32 and 41) |
8 Does the proposal give rise to human rights, customary law or other legal issues? If so, have you obtained advice from the Law Officers that resolves these issues? No. it will make Jersey more compliant with its obligations under Protocol 3 |
IMPLEMENTATION |
9 How much will it cost the States to implement the legislation and in what year(s) do you expect these costs to arise? Can the costs be met from existing resources? If not, have you bid for and obtained additional funding? Legislation flows from the European Communities Legislation (implementation)(Bovine Semen)(Jersey) Regulation 200- and costs will be met from existing resources. |
10 Will implementing the legislation result in an increase in/ reduction of States’ manpower? If an increase, has this been identified in your budget manpower levels in the annual business plan? NO. |
11 What will be the legislation cost the public and on whom will the cost fall? If any charges are brought in they will be applicable to the industry rather than the public. |
THE LEGISLATION |
12 Do you think that the proposed legislation will be a new Law/ an amendment to an existing Law/ new subordinate legislation/ an amendment to existing legislation? Please identify all of the existing legislation that you think is affected and summarise all of the new legislation that you think will be needed Implementing Legislation and subsequent subordinate legislation will be need. See (13) below for list to be implemented. Possible that some might be incorporated in to the Diseases of Animals law. |
13 Please outline what you think the legislation will contain The following are referred to in the Draft European Communities Legislation (implementation)(Bovine Semen)(Jersey) Regulation 200- and will need to be brought into force by way of implementing legislation in Jersey. 1. Council Directive 64/432/EEC of 26th June 1967 on animal health problems affecting intra-Community trade in bovine animals and swine; and Other Issues flowing from the Directive. The following are mentioned in the Directive and will need to be brought into force by way of implementing legislation in order to ensure that Jersey meets the requirement set out therein: 2. Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine; 3. Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries; 4. Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries; 5. Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market; and Please note - Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species is also linked and is the subject of a separate drafting resource bid. |
DEPARTMENTAL RESOURCES |
14 Please identify the officer who will be responsible for the drafting instructions Chris Newton – Director of the Environment |
15 Can you confirm that the officer will have the resources to - · deliver the instructions in 2009 - · if so, when · review drafts and answer the draftsman’s queries on the instructions without delay Yes – Early 2008 |
SIGNED and DATED…………………………………………………………………CHIEF OFFICER |
2009 LEGISLATION PROGRAMME - REQUEST
Please see accompanying notes about how to answer the questions.
Bids which do not contain all of the information requested may be marked down in the prioritisation process.
MINISTER Planning and Environment |
SUMMARY DESCRIPTION OF BID Provide powers to monitor, control and prevent Transmissible Spongiform Encephalopathies in cattle sheep and goats by implementing EU Regulation 999/2001 |
BID REFERENCE (to be added by CMD - you will be notified of number assigned) |
OBJECTIVES |
1 What problem is to be resolved by, or benefit conferred by, the proposed legislation? Current legislation does not provide powers to implement fully the rules e.g. identify and cull cohorts of BSE cases. Such measures are important for animal disease control and consumer assurance. Implementation of the EU legislation is incumbent upon Jersey as part of Protocol 3 for trade in animals and animal products. Exports of animals and animal products e.g. dairy products, could be prohibited as Jersey would be identified as non compliant with EU regulatory measures. |
2 How does the proposed legislation link to key objectives in the strategic plan 1.2.1 improved animal and public health is necessary for economic growth of existing and emerging sectors of the economy 1.2.3 implementation of animal health and welfare EU directives and regulations in compliance with Protocol 3 is a prerequisite for development of trade links with France and other EU Member States 1.5.6 high health status livestock and consumer confidence in animal products is fundamental to implementation of the Rural Economy Strategy 2.2.2 monitoring and controlling Transmissible Spongiform Encephalopathies are part of implementing a health improvement strategy 4.1.1 Identification and treatment of Specified Risk Materials produced at the abattoir will be controlled by this legislation 4.5.1 contribute to a vibrant, working countryside by underpinning and promoting high health status of livestock |
3 How will the legislation benefit Jersey as a whole? Will enable exercise of controls to limit the risk of transmission of BSE and Scrapie to ruminants and to human food chain. Jersey’s international reputation will be upheld by providing these powers to prevent and control animal diseases with public health implications. |
4 Must the legislation be in force by a particular date? If so, why? As soon as possible. EU measures have been implemented in UK and other Member States for several years. |
SUPPORT |
5 Has the States approved the principle of what is proposed? No.
If not, is the proposal politically contentious? No |
6 Is there any known support for, or opposition to, the policy? No. |
STATE OF DEVELOPMENT OF THE POLICY |
7 What consultation has there been on the policy? None |
8 Does the proposal give rise to human rights, customary law or other legal issues? If so, have you obtained advice from the Law Officers that resolves these issues? None I am aware of. |
IMPLEMENTATION |
9 How much will it cost the States to implement the legislation and in what year(s) do you expect these costs to arise? Can the costs be met from existing resources? If not, have you bid for and obtained additional funding? Costs of compensation to livestock owners if culling of cohorts is required. No fund identified for compensation. T&TS processes in abattoir take account of the legislation although enforcement powers are lacking. SVO will respond to suspect disease reports, monitor SRM procedures in abattoir and agriculture inspectors audit business records as part of routine duties. |
10 Will implementing the legislation result in an increase in/ reduction of States’ manpower? If an increase, has this been identified in your budget manpower levels in the annual business plan? No. . |
11 What will be the legislation cost the public and on whom will the cost fall? Transport and Technical Services as abattoir operator, cattle, sheep and goat farmers. Approximately 40 farmers. Businesses will only be affected if an animal with TSE is identified. Although numbers are small the impact of failure to identify affected animals and control disease will be considerable in terms of consumer confidence and potentially in exports of dairy products. |
THE LEGISLATION |
12 Do you think that the proposed legislation will be a new Law/ an amendment to an existing Law/ new subordinate legislation/ an amendment to existing legislation? Please identify all of the existing legislation that you think is affected and summarise all of the new legislation that you think will be needed New legislation under European Communities Legislation |
13 Please outline what you think the legislation will contain Control of 4 main areas : 1. Specified Risk Material. Those tissues most likely to contain infectivity if an animal is infected. 2. Feedingstuffs. Prohibits the feeding to ruminants of processed animal protein and mammalian protein, other than specified products such as milk. Also prohibits the feeding of most processed animal protein to non-ruminants. 3. Surveillance. Requires the testing of certain fallen stock to provide information on disease incidence. 4. Eradication measures. Specifies the measures to be taken when disease is suspected or confirmed. |
DEPARTMENTAL RESOURCES |
14 Please identify the officer who will be responsible for the drafting instructions States Veterinary Officer (Linda Lowseck) |
15 Can you confirm that the officer will have the resources to - · deliver the instructions in 2009 - dependant on demand lead work · if so, when March 2009 · review drafts and answer the draftsman’s queries on the instructions without delay Yes |
SIGNED and DATED…………………………………………………………………CHIEF OFFICER |
2009 LEGISLATION PROGRAMME - REQUEST
Please see accompanying notes about how to answer the questions.
Bids which do not contain all of the information requested may be marked down in the prioritisation process.
MINISTER Planning and Environment |
SUMMARY DESCRIPTION OF BID Update Diseases of Animals Law 1956 to provide adequate powers to identify, control and eradicate notifiable diseases to recognised international standards. |
BID REFERENCE (to be added by CMD - you will be notified of number assigned) |
OBJECTIVES |
1 What problem is to be resolved by, or benefit conferred by, the proposed legislation? There are insufficient powers in the1956 legislation to restrict animal movements island wide on suspicion of disease. Obligation to report suspicion needs widened to encompass any person and prescribed fee to veterinary surgeons for reporting should be removed. The definition and scope of disease to be updated. Terminology is old fashioned hence unclear in some cases. Definition does not extend to all diseases which are notifiable internationally and within the EU,. Subordinate legislation e.g. (Importation of Miscellaneous Goods) (Jersey) Order 1958 requires change to implement current EU policy for example, on trade in meat and meat products. |
2 How does the proposed legislation link to key objectives in the strategic plan Will support 1.1.2 to strengthen trade links 1.5.6 the rural economy 2.2.2 human health improvement strategy 4.1. and 4.5.1 for diverse working countryside and 5.2.8 meet international standards by ensuring adequate mechanisms are in place to identify, control and eradicate disease |
3 How will the legislation benefit Jersey as a whole? Ensure adequate measures can be taken to identify, control and eradicate if there is an incursion of notifiable disease in livestock or pets. Healthy animals contribute to Jersey’s rural economy, minimise the risk of zoonoses and contribute to Jersey’s international reputation. |
4 Must the legislation be in force by a particular date? If so, why? No. |
SUPPORT |
5 Has the States approved the principle of what is proposed? If not, is the proposal politically contentious? No and no. |
6 Is there any known support for, or opposition to, the policy? No. |
STATE OF DEVELOPMENT OF THE POLICY |
7 What consultation has there been on the policy? None |
8 Does the proposal give rise to human rights, customary law or other legal issues? If so, have you obtained advice from the Law Officers that resolves these issues? None identified. |
IMPLEMENTATION |
9 How much will it cost the States to implement the legislation and in what year(s) do you expect these costs to arise? Can the costs be met from existing resources? If not, have you bid for and obtained additional funding? No cost to implement. Non implementation may incur high cost due to inability to respond promptly and appropriately to disease. |
10 Will implementing the legislation result in an increase in/ reduction of States’ manpower? If an increase, has this been identified in your budget manpower levels in the annual business plan? No |
11 What will be the legislation cost the public and on whom will the cost fall? No cost to public |
THE LEGISLATION |
12 Do you think that the proposed legislation will be a new Law/ an amendment to an existing Law/ new subordinate legislation/ an amendment to existing legislation? Please identify all of the existing legislation that you think is affected and summarise all of the new legislation that you think will be needed Diseases of Animals Law and all subordinate Orders. |
13 Please outline what you think the legislation will contain Requirement to report suspicion of disease, power to enter premises, to take samples, to mark animals, to control movement of livestock, people, vehicles and things, to slaughter animals, to stipulate required cleaning and disinfection of premises and things, to close roads and footpaths, to investigate disease. |
DEPARTMENTAL RESOURCES |
14 Please identify the officer who will be responsible for the drafting instructions States Veterinary Officer |
15 Can you confirm that the officer will have the resources to - · deliver the instructions in 2009 - dependant on demand led work and whether other bids for Fish Health legislation and Transmissible Spongiform Encephalopathy Regulations are successful · if so, when · review drafts and answer the draftsman’s queries on the instructions without delay Yes, unless off island or on leave. |
SIGNED and DATED…………………………………………………………………CHIEF OFFICER |
2009 LEGISLATION PROGRAMME - REQUEST
Please see accompanying notes about how to answer the questions.
Bids which do not contain all of the information requested may be marked down in the prioritisation process.
MINISTER Planning and Environment |
SUMMARY DESCRIPTION OF BID To regulate the health of Jersey’s fresh water fish, marine fish and wild and cultivated shellfish populations in fresh water and marine environments, fish farms and ornamental ponds. |
BID REFERENCE (to be added by CMD - you will be notified of number assigned) |
OBJECTIVES |
1 What problem is to be resolved by, or benefit conferred by, the proposed legislation? Current EU legislation governing aquatic trade are about to be superseded by Directive 2006/88/EC to which Jersey will have to conform to continue supporting its ornamental, fish and shellfish farming industries and protect local marine habitats by allowing free movement for trade between areas of equal health status |
2 How does the proposed legislation link to key objectives in the strategic plan Environment 1.1.2 – Maintain overall biodiversity of Jersey by protecting aquatic species from exotic disease incursion EDD 1.2.1 – Support the economy by enabling the commercial shellfish, fresh water fisheries and ornamental industries to trade EDD 1.4.1 – Economic growth through existing businesses by enabling the commercial shellfish, fresh water fisheries and ornamental industries to trade. |
3 How will the legislation benefit Jersey as a whole? The continuance and growth of trade with EU and UK while maintaining Jersey’s disease free status and protecting Jersey’s valuable marine environment. Continued recognition of Jersey’s disease free status will enable the fish farming industry to benefit by being able to export their shellfish for relaying to any parts of the EU. The Fishing industry grosses about £6m pa and the fish farming sector a further £1m The general public will benefit from having no diseased marine organisms or cold water fish brought to the island which might infect local stocks and damage the general marine habitat or fresh water courses. |
4 Must the legislation be in force by a particular date? If so, why? Timetable for coming into force of new EU Regulations which it is proposed are given effect locally, is autumn 2008. Jersey should follow as soon as possible thereafter. |
SUPPORT |
5 Has the States approved the principle of what is proposed? Supported previous legislation therefore support for this updated legislation is anticipated. If not, is the proposal politically contentious? |
6 Is there any known support for, or opposition to, the policy? No |
STATE OF DEVELOPMENT OF THE POLICY |
7 What consultation has there been on the policy? Officers have consulted colleagues in CEFAS (Centre for Environment, Fisheries & Aquaculture Science). Officers will consult with Defra colleagues on 6 March 2008 and follow with consultation to local businesses which are likely to be affected. |
8 Does the proposal give rise to human rights, customary law or other legal issues? No. If so, have you obtained advice from the Law Officers that resolves these issues? |
IMPLEMENTATION |
9 How much will it cost the States to implement the legislation and in what year(s) do you expect these costs to arise? No additional costs envisaged. Implementation will be by the Veterinary and Fisheries Teams, of the Environment Department who have officers trained for this work.
Can the costs be met from existing resources? Yes.
If not, have you bid for and obtained additional funding?
|
10 Will implementing the legislation result in an increase in/ reduction of States’ manpower? Unlikely.
If an increase, has this been identified in your budget manpower levels in the annual business plan? N/A |
11 What will be the legislation cost the public and on whom will the cost fall? N/A |
THE LEGISLATION |
12 Do you think that the proposed legislation will be a new Law/ an amendment to an existing Law/ new subordinate legislation/ an amendment to existing legislation? Please identify all of the existing legislation that you think is affected and summarise all of the new legislation that you think will be needed The current ‘Fish Health (Jersey) Regulations 1999 implement EU Directives 91/67/EEC and 93/53/EEC and others referred to in the Jersey Regulations. The EU Directives are about to be superseded by a new Directive to which Jersey will have to conform to continue supporting its ornamental, fish and shellfish farming industries and protect local marine habitats. It is expected that the new regulations will be a re-write of the current regulations. The regulations would again rely heavily on the EU Directive. |
13 Please outline what you think the legislation will contain New features additional to the current legislation · Official authorisation of aquaculture businesses including suppliers of aquatic animals · The potential for authorisation to be removed in the event of significant non-compliance · More transparent regulation and control systems, including a public register of authorised businesses · At the minimum, registration of a responsible person for stocked fisheries · A risk-based approach, notably for official surveillance for disease · Less stringent controls on movement of potential vector and non-susceptible species
Retained form the current legislation · Compulsory notification of certain diseases · Compulsory eradication of certain exotic diseases · Freedom, eradication or containment for certain non-exotic diseases · Trade regime within the EU based on health status |
DEPARTMENTAL RESOURCES |
14 Please identify the officer who will be responsible for the drafting instructions Linda Lowseck |
15 Can you confirm that the officer will have the resources to - · deliver the instructions in 2009 - Yes · if so, when January 2009 · review drafts and answer the draftsman’s queries on the instructions without delay Yes |
SIGNED and DATED…………………………………………………………………CHIEF OFFICER |
CHIEF MINISTER’S DEPARTMENT
LEGISLATION PROGRAMME
Legislation Request Questionnaire
SPONSORING DEPARTMENT :- BID FOR YEAR :- 2009
CONTACT OFFICER :- REF NO :-
A. GENERAL DETAILS AND PURPOSE |
1 | PROPOSED TITLE OF LEGISLATION Food and Environmental Protection Act (Jersey) Order 200- |
2 | NATURE OF LEGISLATION (Law, Regulation, Order etc) Order |
3 | PLEASE PROVIDE A SHORT SUMMARY OF THE AIM OF THIS LEGISLATION (MAXIMUM OF 50 WORDS). This Order regulates the dumping or placing into the sea any material i.e. bodies for burial, marine constructions and dumping/land reclamation operations. |
4 | IS THE REQUEST FOR NEW, OR FOR THE AMENDMENT OF EXISTING LEGISLATION? Re-write of existing 1987 regulation to take account of UK legislation on which it depends. |
5 | (A) STATE THE ISSUE OR PROBLEM TO BE RESOLVED The current Order depends on the UK FEPA Act. This Act is about to be subsumed into the UK Marine Bill and when it does our own legislation will stand alone under old nonexistent legislation. While it may continue to do so under permissive extent powers it is an unsatisfactory position to be in. (B) STATE THE EXPECTED BENEFIT OF THE MEASURE A re-write of the legislation will allow modifications to take account of new practices and local control changes thus allowing the States of Jersey to properly control marine dumping and construction. |
6 | HOW IS THIS LEGISLATION LINKED TO KEY OBJECTIVES IN THE STRATEGIC PLAN? This links directly with the first States Strategic objective 1.1 “Conservation and enhancement of biological diversity” (also 1.1.1 and 1.1.2) and 4.5 Jersey’s natural heritage is sympathetically managed. |
7 | WHAT WOULD HAPPEN IF NO ACTION WERE TAKEN? WHAT RISK WOULD BE RUN AND HOW GREAT WOULD IT BE? There would be much less control of Marine dumping. |
8. | IS THE LEGISLATION LIKELY TO BE LONG AND/OR COMPLEX? As irt is are-write the legislation should not be too complex however the current order runs to 40 pages and the Order is likely to be similar in length. |
9 | IS THIS A PREVIOUSLY UNIDENTIFIED/URGENT REQUEST? IF SO, PLEASE PROVIDE AN EXPLANATION? This was previously unidentified as Jersey was only informed of the new Marine Bill in mid 2007. |
B. EXTENT OF DEVELOPMENT OF POLICY |
10 | HAS THE REQUEST RECEIVED THE “IN PRINCIPLE” APPROVAL OF THE STATES OR ANY OTHER RELEVANT BODIES? No because the Order will be a re-write of the old Order to refer to the new marine Bill. |
11 | ARE THE PROPOSALS LIKELY TO BE LEGALLY CONTENTIOUS? (IF SO, HAS THE ADVICE OF THE LAW OFFICERS BEEN SOUGHT?) No |
12 | IS THERE LIKELY TO BE ANY EXPRESS OPPOSITION TO WHAT IS PROPOSED AND HOW MIGHT THIS MANIFEST ITSELF? No |
13 | HAS THERE BEEN CONSULTATION UPON THE PROPOSALS? (Describe the level of consultation generally, indicating organizations consulted, time allowed for consultation and whether or not responses to consultation were in favour of the proposal ) The Fisheries and Marine Resources will be consulted and their agreement in principle anticipated. |
C. THE EFFECT ON BUSINESS |
14 | BUSINESS SECTORS AFFECTED (Please state the business sectors or types of businesses likely to be affected and estimate the number of businesses involved) Few businesses build or dump in the sea. It will be other states departments that will be primarily effected. |
15 | COMPLIANCE COSTS FOR A TYPICAL BUSINESS (Please summarise the total estimated compliance costs regarding a measure for a “typical” business in each concerned sector or the type of business most likely to be affected in terms of recurring and non-recurring costs) N/A |
16 | HOW DO THE COMPLIANCE COSTS OF OTHER OPTIONS COMPARE? N/A |
17 | TOTAL COMPLIANCE COSTS (Summarise the total estimated compliance costs for all specific sectors or types of business/individuals likely to be affected) N/A |
18 | EFFECTS ON INTERNATIONAL COMPETITIVENESS (Describe how any additional costs arising from the measure may affect the competitive position of the Island) Our international competitiveness will not be effected but our standing in the International community would certainly be lowered if we did not regulate dumping in the sea to the highest possible standard. |
D. THE EFFECT ON INDIVIDUALS & GROUPS |
19 | WHAT COSTS, IF ANY MIGHT BE INCURRED TO OTHERS (E.G. ISLAND RESIDENTS) AS A RESULT FROM THE LEGISLATION? There is no cost for a burial at sea licence. The costs incurred would be from States departments wishing to dump or build in the sea. |
20 | WHO WILL PRIMARILY BENEFIT FROM THE PROPOSAL AND IN WHAT WAY? (FINANCIAL, LIFESTYLE, FREEDOM TO ACT) The General public will benefit by have the marine environment properly protected from over ambitious or polluting building and dumping projects. |
21 | IF THE MEASURE IS PROPOSED TO BENEFIT A SPECIFIC GROUP OR SECTION OF THE POPULATION, IS ANYONE LIKELY TO BE OTHERWISE ADVERSELY AFFECTED OR DISADVANTAGED IN EITHER FINANCIAL OR OTHER TERMS AND IN WHAT WAY? States development in the sea may be slowed or regulated in more detail. |
E. THE EFFECT ON GOVERNMENT RESOURCES |
22 | a) HOW WILL THE PROPOSED LEGISLATION BE IMPLEMENTED, ADMINISTERED, AND ENFORCED? It will be administered and enforced by the Department that enforces the current regulation ,namely the Environment Department. |
| b) WHAT ARE THE RESOURCE CONSEQUENCES OF EACH OF THESE PHASES, AND HAVE THESE BEEN ACCEPTED BY THE RESOURCE DEPARTMENTS? (Please refer to all resources including ongoing revenue costs, and manpower costs in terms of number of posts (FTE) and actual headcount expected.) There should be few resource consequences. |
| c) WHAT, IF ANY, ARE THE SAVINGS ACHIEVED BY THE PROPOSED LEGISLATION? NONE |
23 | WHAT ARE THE POTENTIAL KNOCK-ON EFFECTS TO OTHER DEPARTMENTS OF THIS PROPOSED LEGISLATION IN RESOURCE TERMS? (Please include details of those departments consulted.) Other Departments already must apply for a licence to dump. They will need to apply on a different form and the fees may alter slightly. |
F. INSTRUCTING THE LAW DRAFTSMAN v (See Law Draftsman’s handbook, “Making New Laws”) |
24 | WHEN WILL COMPREHENSIVE DRAFTING INSTRUCTIONS BE AVAILABLE? As soon as the Marine Bill is finalised and becomes an Act, this should be in late 2008. |
25 | WILL ANY ASSISTANCE BE REQUIRED FROM OUTSIDE THE STATES TO ENABLE THE PREPARATION OF DRAFTING INSTRUCTIONS - IF SO – No (a) WHAT ARRANGEMENTS HAVE BEEN MADE TO SOURCE THE ASSISTANCE? N/A (b) ARE FINANCIAL RESOURCES AVAILABLE FOR THIS PURPOSE? Yes |
26 | (a) GIVE THE NAME OF THE INSTRUCTING OFFICER (AND PROVIDE DETAILS OF THE ASSISTANCE FROM OUTSIDE THE STATES, IF ANY, THAT IS TO BE USED) Simon Bossy / Greg Morel (b) CONFIRM THAT THE INSTRUCTING OFFICER WILL BE ABLE TO CONSIDER DRAFTS SUBMITTED BY THE LAW DRAFTSMAN’S OFFICE, AND REQUESTS FOR FURTHER INSTRUCTIONS, FULLY AND WITHOUT DELAY Yes |
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Signature: ....................................................... | Designation : ....................................................... |
Date: ....................................................... | Chief Executive : ....................................................... |
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2010 LEGISLATION PROGRAMME - REQUEST
Please see accompanying notes about how to answer the questions.
Bids which do not contain all of the information requested may be marked down in the prioritisation process.
MINISTER Economic Development Minister, Planning and Environment Minister |
SUMMARY DESCRIPTION OF BID Implementation of Agricultural EC directives and changes to existing agricultural law to obtain relevant compliance with Protocol 3. To be derived from research in 2009. |
BID REFERENCE (to be added by CMD - you will be notified of number assigned) |
OBJECTIVES |
1 What problem is to be resolved by, or benefit conferred by, the proposed legislation? Need to ensure Jersey adopts a standardised procedure for implementing EU directives which affect agricultural trade. There was been little attempt in the last 30 years to review the current laws and assess the EC directives that we need to and should adopt. We are currently working on adoption of some EC directive (eg 88/407 ) but as they refer to others then they cannot be treated as an island. We are clear, and the Attorney General concurs, that a large research project should be carried out to ascertain the agricultural EC legislation that should be adopted and Jersey agricultural legislation changed to obtain the necessary compliance with protocol 3. |
2 How does the proposed legislation link to key objectives in the strategic plan Underpins 1.2.1 and 4.1. A successful rural economy depends on trade and we are ware that there are deficiencies in our implementation on EC trade requirements under protocol 3. |
3 How will the legislation benefit Jersey as a whole? Ensure Jersey is compliant with EU trade directives and thus be able to continue trade of agricultural products within the EU. |
4 Must the legislation be in force by a particular date? If so, why? Need to adopt current EU legislation and directives to ensure agricultural trade is unaffected |
SUPPORT |
5 Has the States approved the principle of what is proposed? If not, is the proposal politically contentious? No because Jersey has obligations under Protocol 3 and other regulations in order to trade with the EU |
6 Is there any known support for, or opposition to, the policy? N/A |
STATE OF DEVELOPMENT OF THE POLICY |
7 What consultation has there been on the policy? The attorney general has indicated the need for this work. Due to the work done on for example, the importation of bovine semen, there is work that needs to be done to implement other EC directives. We are clear with the Attorney General that a large research project needs to be done to ascertain the extent of regulation that should or needs to be adopted. This work is being commissioned currently. Once this is done the exact quantum of work can be establish and prioritise. For example there are 336 regulations, 22 directives and 235 decisions which relate to milk. |
8 Does the proposal give rise to human rights, customary law or other legal issues? If so, have you obtained advice from the Law Officers that resolves these issues? No. it will make Jersey more compliant with its obligations under Protocol 3 |
IMPLEMENTATION |
9 How much will it cost the States to implement the legislation and in what year(s) do you expect these costs to arise? Can the costs be met from existing resources? If not, have you bid for and obtained additional funding? This will be dependent on the results of ongoing review of current EU directives which need to be implemented and their subsequent effect |
11 Will implementing the legislation result in an increase in/ reduction of States’ manpower? If an increase, has this been identified in your budget manpower levels in the annual business plan? Unknown at the current time. |
11 What will be the legislation cost the public and on whom will the cost fall? Not yet clear as will be dependent upon review. Likely that if any charges are brought in they will be applicable to the industry rather than the public. |
THE LEGISLATION |
12 Do you think that the proposed legislation will be a new Law/ an amendment to an existing Law/ new subordinate legislation/ an amendment to existing legislation? Please identify all of the existing legislation that you think is affected and summarise all of the new legislation that you think will be needed It is likely to require Primary Legislation and subsequent subordinate legislation. It will also potentially affect current Agricultural laws, acts and order. Eg the Artificial Insemination of Domestic Animals (Jersey) law 1952 and the Agricultural Marketing (Jersey) Law 1953 amongst others. |
13 Please outline what you think the legislation will contain The Attorney General has indicated that these issues will arise following the amendment of existing legislation and the adoption of new legislation to ensure compatibility with Protocol 3. It will need to take into account a range of EEC directives such as 76/895/EEC, 90/642/EEC, 92/33/EEC, 92/34/EEC and 93/51/EEC, etc. |
DEPARTMENTAL RESOURCES |
14 Please identify the officer who will be responsible for the drafting instructions Chris Newton – Director of the Environment |
15 Can you confirm that the officer will have the resources to - · deliver the instructions in 2009 - · if so, when · review drafts and answer the draftsman’s queries on the instructions without delay |
SIGNED and DATED…………………………………………………………………CHIEF OFFICER |
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