Case Explained: Bid to scale back “disproportionate” prison sentences in proposed gas law – Legal Perspective

A late bid has been launched to scale back the threat of long jail sentences in Jersey’s new gas law as States Members are due to debate the proposals.

An amendment lodged 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 currently 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.

Deputy Warr also argued that the original penalties are disproportionate and bear no resemblance to similar offences elsewhere in Jersey law.

“These are not health and safety offences,” he stated in his report. “They do not relate to a failure on the part of Jersey Gas Company Limited to comply with its duties in respect of public safety, causing harm to people or property, or a failure to supply gas.”

Instead, the offences relate solely to the provision of information to the Minister for Justice and Home Affairs.

Deputy Warr noted that genuine safety failures are already covered by existing legislation and customary law, with their own penalties.

“The penalties should be proportionate with equivalent offences under other enactments concerning the provision of information to a minister or public authority,” he added.

“There is no principled basis upon which such a significant difference in potential sanctions can be justified.”

The amendment echoes concerns raised by Island Energy chief executive Graeme Millar, who branded the proposed sentences “disproportionate and incongruent with equivalent offences”.

He also warned that the proposed sentences would “substantially affect” Island Energy’s ability to attract skilled professionals, adding that any regulation “should apply to all companies who operate in Jersey in the business of the supply and storage of hazardous substances”.

Deputy Warr 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”.

Island Energy and three of its former employees are to be tried in September for charges connected with the Haut du Mont explosion, which killed ten islanders in December 2022.

Three former utility company staff members – Neil Armstrong (56), Lee Ward (57) and John Wright (59) – pleaded not guilty to ten counts of gross negligence manslaughter.

And Mr Millar denied two charges under the Health and Safety Law on behalf of Island Energy.

Politicians are due to debate the proposed new gas legislation during this week’s States sitting.

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