PFAS campaigners have accused the States Assembly of “failure dressed up as procedure” after a move to set reduced legal limits of forever-chemicals in mains water was shelved until after the election.
Environment Minister Steve Luce said he was “bitterly disappointed”, having asked the States Assembly to agree that the Island’s Water Law be updated to make it a legal requirement that the total sum of four types of PFAS should not exceed four nanograms per litre within five years.
But when it was debated yesterday, chair of the Environment, Housing and Infrastructure Scrutiny Panel, Deputy Hilary Jeune announced the intention to call in the proposition.
States Greffier Lisa Hart confirmed to the JEP that because the debate would not be completed by the end of the current meeting, the final one before the 7 June election, “it will be deemed to have been withdrawn”.
Reacting to the move by the Scrutiny Panel, St Ouen’s Bay resident Sarah Simon – who has long campaigned for the government to take action on PFAS – described it as a “failure” on behalf of the government.
This decision by the panel means “at least for another political term, and likely years of beyond” Islanders would continue drinking water that is contaminated with the forever chemical used at the airport, she added.
Ms Simon said that rather than it being a matter of governance, it is a “failure dressed up as procedure” and “proof that political and commercial interests have been placed over the health of every child on the Island”.
Also reacting, Paul Le Claire, chair of the campaign group Water Awareness Jersey said that the States Assembly “spend more time debating” whether or not to “censor themselves” and their “lunch breaks” than they do on this important health matter.
If there are to now be long delays to the this recommendation of the PFAS panel being implemented, he added the government should focus on introducing filtration systems in schools to protect the health of children, something his group has been petitioning for.
Speaking during the debate on the principles of the new legislation, known as the first reading, Deputy Jeune highlighted the background to her panel’s decision.
“While we support the direction of travel, the panel has taken considerable time and care before reaching the conclusion that we must call in this proposition,” she said.
“Our role as scrutineers is to ensure that the Assembly is making decisions based on clear, robust and shared evidence base, [but] it is clear that a number of key issues remain unresolved, highlighted in the amendments from different ministers that take the standard and timeline in different directions.
“Given the significance of this issue and the very late point in the political cycle, the panel does not consider it possible to provide the Assembly with clear assurances, either in support or against the minister’s proposition.”
The unresolved questions covered a wide range of areas, Deputy Jeune added. These included the figure for the limit of PFAS chosen by the scientific panel, the technology required to achieve it, the timeframe, the amount of funding required and where the money would come from, plus the evident lack of alignment among ministers.
Deputy Luce said his draft regulations would introduce a standard for water supplied to the public by Jersey Water.
“If we fail to set a limit, we are effectively sending out the message we are not taking PFAS seriously,” he said. “It’s my view that we need to get moving on this – action is needed to safeguard the health of Islanders and provide them with long-term assurance.
“We cannot be in a position, surely, where an increased risk to health has been identified, where we have an expert panel making recommendations on how best to proceed, and where we then fail to put forward measures to safeguard Islanders, many of whom are very worried.”
By calling in the topic for further scrutiny, the regulations were effectively being “put in the shredder”, Deputy Luce added, saying he was “bitterly disappointed” by this move, which he described as “unnecessary and a backward step”.
“This sends the wrong signals when PFAS is shown to cause serious health outcomes,” he said. “It’s a sad day when the Assembly does not follow the scientific evidence before it.”
Deputy Jonathan Renouf said the topic had become “a political hot mess”, with the Environment Minister conceding that he had “bounced” ministerial colleagues and other States Members, as well as Jersey Water and members of the public, into the proposals about the PFAS limit and the timetable for reaching it.
The principles of the new legislation were passed by 40 votes to four, prior to Deputy Jeune’s confirmation about the scrutiny move – this, she said, should not be the end of the matter as she hoped it would be brought back as soon as possible after the election.
Meanwhile, Jersey Water – having welcomed the new proposed limit but also pointed out that taxpayer funds would be needed to implement it – stated that the panel’s decision “allows time for the full evidence to be gathered and considered before new legislation is brought forward”.
The firm’s chief executive Helier Smith said: “Given that Jersey’s drinking water is safe today, decisions on future water quality regulations need to be taken with the right technical, financial and delivery information.”
This delay, he said, allowed “essential work” that is necessary to determine “what is technically achievable, how it would be funded, any impact on customer bills and what realistic timescales look like” as well as “extensive consultation”.
“Today’s development does not affect the pace or direction of our work to reduce the trace levels of PFAS in mains water,” he added. “This work continues at full speed with pilot treatment trials starting next month, to identify the most effective and affordable solutions for Jersey.
“We remain committed to working constructively with the government to ensure that future legislation is evidence‑led, transparent and builds public confidence in the Island’s water supply.”
Per- and polyfluoroalkyl substances are a group of man-made chemicals that have been used widely in industrial processes and consumer products. They have been manufactured and used globally for several decades and are now present in the environment worldwide, including Jersey
PFAS have been used in products designed to resist heat, oil, stains and water. Common applications include clothing, furniture, adhesives, food packaging, heat-resistant non-stick cooking surfaces and the insulation of electrical wiring.
Known as ‘forever chemicals’, they are extremely difficult to break down or secrete, and have been linked in humans to such conditions as cancer, low immunity and infertility.
In Jersey, PFOS was an ingredient of firefighting foam sprayed for years at the Airport. High concentrations have been found in water, including boreholes, streams and ponds, around the aerodrome.
It has also been found at high levels in people’s blood.
The 4 ng/l limit was recommended by a panel of scientists appointed by the government to advise it. Jersey Water has said it is committed to achieving this standard and will invest nearly £2m in the next two years to cover interim treatments and trial long-term treatment solutions.
The current sum of PFOS, PFOA, PFNA and PFHxS, according to the latest water quality report by the utility is 12 ng/l.
