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Alderney to challenge Ministry of Justice over smoking laws

Richard Willmott launched a scathing attack on the Ministry of Justice at last night's Alderney States meeting.

Policy and Finance Committee chairman Mr Willmott said lawyers in the Ministry of Justice would cause a constitutional crisis of "nuclear proportions" if they failed to submit Alderney's enabling legislation to ban smoking in public places for Royal Assent.

The States originally attempted to pass the law in 2007 but since then have twice been thwarted by the Ministry of Justice due to the wording of the respective Bills ? despite the fact the original law was identical to one already passed in Guernsey.

Mr Willmott said: "We find ourselves in the middle of an extraordinary and shocking situation.

"The UK has responsibility for good government in the island ? that's all. For London to hold the Channel Islands to ransom is totally shocking and we must resist it at all costs.

"This is causing political embarrassment, while damaging the public's health and our island's tourism industry."

Mr Willmott said the time had come for the President to request that the Law Officers submit Alderney's amended law, which was passed by the States in 2008, for Royal Assent without delay.

Mr Willmott said: "I believe we will receive Royal Assent ? for London to do otherwise would be a farce and cause a constitutional crisis of nuclear proportions."

The States had two options at its meeting ? it could either back Mr Willmott's stance and defy the Ministry of Justice's request, or amend the legislation for a second time.

Bill Walden agreed with Mr Willmott and said Alderney must not be bullied on this issue or any others.

Peter Allen disagreed with Mr Willmott and Mr Walden. He said Crown Dependencies were currently under a lot of scrutiny and that Alderney shouldn't challenge the UK at the present time.

Colin Williams said it was up to the Bailiwick as a whole to challenge the Ministry of Justice ? not Alderney on its own.

In the end the States narrowly backed Mr Willmott's plea, by five votes to four. John Beaman, Geoffrey Sargent, Ian Tugby and Mr Walden were the members who voted in favour.

However, Mr Tugby had earlier called for the item to be deferred but his proposal for an amendment was rejected. And, when voting, he said he had only backed Mr Willmott's stance on the basis he thought it would fail and, as a result, further delay legislation he didn't vote in favour of in the first place.

The States also agreed to purchase a replacement sewer cart at the meeting, which was attended by Lieutenant Governor Sir Fabian Malbon, and not annul a number of road traffic regulations which were introduced by the General Services Committee earlier this year.

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