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An erosion of civil liberties
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The proposed regulations, still at the consultation stage, have no doubt been drafted in good faith, with intention of allowing inspectors access to premises to determine whether they meet acceptable standards. Indeed, the implication is that the proposed new powers would compel unscrupulous landlords to improve substandard accommodation, making it fit for purpose.
Unfortunately, the proposals that have been drafted are too heavy-handed. They appear to confer rights which would enable officialdom to ride rough shod over a time-honoured principle – that the Jerseyman’s home is his castle. Bad landlords might be the prime target, but there is nothing in the consultation paper to suggest that owner-occupier properties would be exempt from inspection at 24 hours’ notice.
There can be no doubt that there is too much suspect rental accommodation in the Island that requires upgrading. It is also true that inspectors should be granted the means to establish where improvements must be made and to enforce improvement orders. However, the blanket powers described in the proposed legislation go too far – even if that was never the underlying intention.
The idea that agents of the state, if necessary with the backing of the police, could enter any citizen’s property to check that health and safety rules are being obeyed is unacceptable. There might well be a case for extending powers that are currently available for the protection of tenants, but there is no case for allowing random intrusion into private homes.
The Constable of St John, Phil Rondel, is leading opposition to these ‘health police’ proposals, describing them as ‘draconian’ and the worst draft law that he has seen during 16 years in the States. He also says that Jersey does not need another layer of bureaucracy based on UK practice.
Few would disagree with the idea that tenants’ rights must be safeguarded, but, as Mr Rondel suggests, the measures now on the table for discussion need to be looked at very carefully and critically. Without major modification they would represent a significant erosion of civil liberties.
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