Alderney ‘will not be the ashtray of the Channel Islands’

By Juliet Pouteaux

Richard Wilmott 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.

Article posted on 30th October, 2009 - 2.29pm

2 Article Comments

Neil Inder

| November 2, 2009 at 5:59 pm

This is actually quite an interesting article. Again, little old Alderney leads the way. If it’s not e-gaming or tidal energy it now seems to be in dealings with the MOJ.

There are two lessons here. How small government can make decisions faster and how being firm with the MOJ can get results.
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Ex Fag Ash Lil

| November 13, 2009 at 2:02 pm

Is a smoking ban for Alderney really necessary and is the legislative time and money justified?

The only ‘public’ spaces where I’ve come across smoking are the pubs (not all of them).

I’m a reformed smoker and would rather people didn’t smoke but I have a choice and really I think they should too.

As for ‘ashtray of the Channel Islands’ – who made that rather over emotive headline up? People did indeed go for ’smoking’ holidays to Amsterdam but I doubt a fag with a pint in Alderney will attract too many of that crowd.
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