This Is Guernsey

By Juliet Pouteaux

ALDERNEY’S smoking ban law has been approved in the UK – even though Guernsey’s Law Officers said it should not have been submitted.

Several other Bailiwick laws are being redrafted because of UK concerns over so-called ‘Henry VIII clauses’. These wide-ranging ordinance powers would mean laws could be revised locally without having to go back to the Privy Council – the UK legal body which must approve all local primary law.

While Alderney’s smoking legislation has these problematic clauses, it is identical to Guernsey legislation already approved.

‘The problem was the concerns that our secondary legislative powers were stronger than the Ministry of Justice’s primary powers,’ said Alderney representative Richard Willmott (pictured).

The Alderney States voted for its smoking law to go to the Privy Council to be approved earlier this year.

The Guernsey Law Officers did not believe it would get through.

‘They advised us that our smoking legislation would not be passed unless we withdrew it and amended it to remove the Henry VIII lines,’ said Mr Willmott.

‘We refused to amend it again and insisted it be passed without further delay. We just dug in our heels and decided to be stubborn.’

The Law Officers were unavailable for comment yesterday.

The legislation will go before the Royal Court in November, before being submitted to the Alderney States for final approval.

Mr Willmott believed Alderney had done the right thing.

‘I think, perversely, our robust attitude has improved our relations with the Ministry of Justice and it means we will have better communication in the future,’ he said.

‘However, we will not be using these Henry VIII ordinances in the future.’

Mr Willmott, a member of Guernsey’s Health and Social Services Department, hoped the new smoking law would come into effect next summer.

‘This means the health of young people will be protected and improved,’ he said.

‘Just the health benefits alone are enough to justify this legislation. We will not be the ashtray of the Channel Islands.’

Guernsey’s deputy medical officer of health, Dr Brian Parkin, said it was good that Alderney was following Guernsey’s lead and banning smoking in enclosed public places.

‘Nearly every civilised country is taking steps to protect non-smokers from passive smoking,’ he said.

‘I am pleased the Alderney population will soon share the same protection as those in Guernsey.

‘This is something that will make a real difference with very little cost.’

Article posted on 30th October, 2009 - 2.29pm