Copyright jerseyeveningpost
PROPOSED updates to Jersey’s gas law have been revised to introduce clearer reporting rules, new consultation requirements, and stronger legal safeguards following feedback on an earlier version lodged in March. Home Affairs Minister Mary Le Hegarat yesterday lodged updates to the Jersey Gas Company (Jersey) Law 1989, which would strengthen government oversight of the Island’s gas supply. Unlike other countries, Jersey doesn’t have a licensing system that forces gas suppliers to share safety or operational data. This new law aims to fill that gap so authorities can act faster in emergencies or if problems arise, according to the proposition. The proposed legislation was initially lodged in March but was revised after feedback from Scrutiny, Island Energy and the Health and Safety Inspectorate to add clearer reporting rules, consultation requirements and new safeguards against self-incrimination and unfair prosecution. If approved, the legislation would require Jersey Gas Company Limited – which trades as Island Energy – to notify the government about any event that could threaten public safety, the gas supply, financial stability, or ownership of the company. It would also allow the minister to request data or reports relating to gas safety, supply security, or Island Energy’s financial position. The updates come “following events involving gas in recent years,” with the Emergencies Council highlighting the need for a more “timely flow of relevant information” between Island Energy and the government. Since March, the draft law has been amended to include a “due diligence” defence after concerns were raised about fairness and proportionality of criminal penalties. This defence allows the company or its officers to prove they took all reasonable precautions to comply. A protection against self-incrimination has also been added, meaning statements made under questioning cannot be used against a person in criminal proceedings. Penalties have been reviewed by the Law Officers and confirmed as proportionate, with clarification that they represent maximum sentences and prosecutions would depend on the Attorney General’s assessment of public interest. The revised law also clarifies that legally privileged information remains exempt from disclosure, and limits how shared information can be used – restricting it to government departments, regulators, or emergency services for safety and emergency planning purposes.
