Gas company staff who fail to report safety risks or withhold crucial information could face up to seven years in prison, if law changes are approved.
The Home Affairs Minister has today lodged updates to the Jersey Gas Company (Jersey) Law 1989, which would strengthen government oversight of the island’s gas supply.
If approved, the new legislation would require Jersey Gas Company Limited – which trades as Island Energy – to immediately notify the government about events that could threaten public safety, gas supply, financial stability or ownership changes.
It comes “following events involving gas in recent years”, with the Emergencies Council noting the “need for a timely flow of relevant information” from Island Energy to government.
Unlike other countries, Jersey doesn’t have a licensing system that forces gas suppliers to share safety or operational data. This new law aims to fill that gap so authorities can act faster in emergencies or if problems arise, according to the proposition.
The proposed legislation was initially lodged in March but was revised after feedback from Scrutiny, Island Energy and the Health and Safety Inspectorate to add clearer reporting rules, consultation requirements and new safeguards against self-incrimination and unfair prosecution.
If approved, the amendment would also allow the Home Affairs Minister to request data or reports related to gas safety, supply security or Island Energy’s financial health.
It would also introduce strict criminal offences, including penalties for failing to notify authorities of public safety threats.
Company officials who provide false information, destroy records or obstruct inspections could face up to seven years in prison and fines.
Meanwhile, failure to notify or disclose information could result in up to five years in prison and fines.
Since the initial version in March, a “due diligence” defence has been added to the proposed law after concerns were raised about fairness and proportionality of criminal penalties. This defence allows the company or its officers to prove they took all reasonable precautions to comply.
The proposed penalty levels have also been reviewed and confirmed as proportionate by the Law Officers since the law was proposed in March. However, an explanatory note has now been added to clarify that penalties are maximum sentences, and any prosecution would depend on the Attorney General’s assessment of public interest.
Under the new law, the Minister or an authorised official would also be allowed to enter premises (excluding private homes), examine documents and require a person to answer questions and provide information.
Since March, a protection against self-incrimination has been added to the law, which means that statements made under questioning can’t be used against the person in criminal proceedings.
Some information would remain exempt from disclosure under the updated legislation, such as legally privileged documents.
Information could only be shared with government departments, regulators or emergency services, and only for specific purposes like risk assessment, emergency planning and financial monitoring.
The update would also allow the States Assembly to quickly amend the law in response to urgent safety or supply issues.