Jersey aims for Brexit ‘pick and mix’

Wednesday 24 January 2018

Whether they're about bananas or balloons, States Members have made moves to allow Jersey to ‘pick and mix’ which EU laws the island will keep, once Brexit kicks in.

The first in a series of measures for when the UK formally leaves the EU was published yesterday – a draft law, which aims to pave the way for how Jersey will react when the exit is complete in 2019.

The proposals were put forward by Senator Sir Philip Bailhache, Minister for External Relations. He described them as an “essential first step.”

Under the plans, which will first have to be approved by the States Assembly, the States would be allowed to decide if any of the rules and regulations applied by the EU should be kept.

That could mean that, if States Members wish, they could keep hold of the EU’s infamous banana regulation 404/93 – the law that shuns abnormally curved pieces of the yellow fruit as sub-standard. They might also opt to hold onto 2006/126/EC, which says that diabetic people needing regular insulin treatment should only be granted a driving licence in “exceptional” cases. 

Pictured: The EU’s paper ‘The common organisation of the market in bananas’, which was published in 1993.

On the other hand, States Members could choose to repeal 2009/48, which says that balloon makers – if there are any on the island – must warn children under eight against blowing up balloons to avoid “fatal accidents.” 

It would also allow Ministers to plug any ‘gaps’ left in Jersey’s legal framework once the UK leaves the EU – but without actually having to consult their fellow politicians.

However, the new law makes the provision that such a power could not be used to put up taxes, decide on “serious” new criminal offences or pose a risk to islanders’ human rights.

Senator Bailhache said that the plan to circumvent the States Assembly in this case had been suggested to avoid a “procedural traffic jam for the Government, States Assembly and Privy Council” as the volume of new laws would be so large.

He added that Jersey’s approach was “substantially different” to that of the UK government, which has decided to implement all existing EU legislation as it stands. 

Pictured: Minister for External Relations, Senator Sir Philip Bailhache.

“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… 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 falls away on Brexit day,” Sir Philip commented.

The first of Jersey’s Brexit laws will be debated in the States Chamber on 6 March.