External Relations Minister Sir Philip Bailhache has lodged a draft law which, if approved, would streamline decision-making processes as the Island prepares to update swathes of legislation to remove EU laws ahead of Brexit.
It is thought that as many as 12,000 EU regulations were adopted in the UK and need to be transferred into British law before Brexit. In Jersey the adoption of EU law has been more limited but still applies heavily in certain areas such as Customs, agricultural trade and fisheries practices.
Senator Bailhache’s proposals would grant ministers the ability to ‘correct deficiencies’ in the Island’s law caused by Brexit, without having to bring the matter before the States Assembly. They would also allow the States to decide which EU laws should continue to apply in the Island.
A statement released by the External Relations Department says ministers’ new powers would be ‘expressly limited’ so that they could not be used to impose or increase taxation, create serious criminal offences or interfere with human rights legislation.
Senator Bailhache said that his proposals are an ‘essential step’ in ensuring that the Island’s legislation is ready in time for Brexit day on 29 March 2019.
‘It is crucial that the government and the States Assembly are equipped to make the necessary corrections to Jersey law to ensure a smooth transition for the Island from its current relationship with the EU to its new relationship in March 2019,’ he said.
‘The States Assembly can make regulations and ministers can make orders much more quickly than laws can be enacted. If we attempted to make all the necessary changes without these powers, then the volume of laws required would lead to a procedural traffic-jam for the government, States Assembly and Privy Council.’
He added that Jersey was taking a ‘substantially different approach’ to the United Kingdom as it would deal with different areas of EU law on a case-by-case basis.
‘While the UK is implementing all existing EU legislation which applies to it in one law, we are creating the ability for the Island to carefully select which pieces of EU legislation it wishes to keep,’ he said.
‘The Law Officers and other government departments are working closely together to identify those pieces of legislation which are essential to ensure that the Island’s relationship with the EU operates properly when Protocol 3 [Jersey’s trade agreement with the EU] falls away on Brexit day.’
The draft law is due to be debated on 6 March.
