A BID to water down proposed punishments in Jersey’s draft gas law has been lodged as States Members are due to debate sweeping new powers over the Island’s sole gas supplier.
An amendment brought by Deputy David Warr would slash the toughest penalties in the Draft Jersey Gas Company Amendment Law, replacing multi-year prison sentences with fines or short custodial terms.
As originally drafted, the law would allow ministers to demand information from Jersey Gas Company Limited – trading as Island Energy – and punish failures to comply with up to five or seven years in prison, depending on the offence.
But Deputy Warr’s amendment would instead limit one offence to a Level 3 fine, and cut the most serious proposed sentence from seven years imprisonment to just six months.
“The concern is that the proposed sentencing regime will substantially affect Jersey Gas Company Limited’s ability to retain and appoint capable directors, officers and employees with the necessary expertise to support Jersey Gas Company Limited,” he explained.
“The penalties should be proportionate with equivalent offences under other
enactments concerning the provision of information to a minister or public authority.
“There is no principled basis upon which such a significant difference in potential sanctions can be justified.”
It comes after criticism from Island Energy chief executive Graeme Millar, who previously branded the proposed sentences “disproportionate and incongruent” and warned they could damage recruitment.
Deputy Warr has also echoed Mr Millar’s questions around the timing of the debate, cautioning that it could be “prejudicial” to upcoming court cases relating to the Haut du Mont explosion.
“Further facts may come to light from the court case that might require further
legislation,” he said, adding that it is “better to do it all together”.
States Members are due to debate both the legislation during this week’s States sitting.
