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Guernsey’s medicinal cannabis regulator has no clear terms of reference, a situation similar to that in Jersey.
On 6 January, the Economic and International Affairs Scrutiny Panel in Jersey created a report outlining regulations and recommendations that should be taken forward while developing its medicinal cannabis industry.
The document outlined the island’s approach to regulating the industry and granting licences to businesses intending to cultivate, process and export medicinal cannabis.
In a Rule 14 question, Deputy Gavin St Pier asked the Committee for Health and Social Care, whether Guernsey’s government has taken note of the report and whether any of the recommendations could be applicable here.
Following the signing of a Memorandum of Understanding (MoU) with the UK Home Office, Guernsey developed the Bailiwick of Guernsey Cannabis Agency (BGCA). This government body is responsible for assessing applications from businesses wanting to set up medicinal cannabis enterprises.
The President of HSC, Deputy Al Brouard, responded to Deputy St Pier: “The Committee for Health & Social Care (‘CfHSC’) considered the key findings and recommendations of the report soon after its publication as a bench marking exercise as it strives to uphold good governance standards in this relatively new industry.
“The CfHSC was encouraged to read that the model and operation of the Bailiwick of Guernsey Cannabis Agency (‘BGCA’) has been highlighted by the Government of Jersey’s Scrutiny Panel as a recommended format to follow.
“While the Minister for Health and Social Services is the sole member of the Jersey Cannabis Agency, the cross- Committee approach already taken by the BGCA has negated some of the recommendations provided.”
Pictured: “Lessons can always be taken from reviews of this nature and CfHSC is grateful for the opportunity to compare our systems with those of other jurisdictions,” said Deputy Brouard.
In the table of recommendations, the Jersey panel said:
“The Jersey Cannabis Agency does not have clearly defined Terms of Reference and is reliant solely on the Memorandum of Understanding (MoU) currently in place with the Government of Jersey (with the Minister for Health and Social Services as the sole representative of the GoJ) and the UK Home Office.”
Terms of reference define a committee or agency’s purpose and structure. At the moment the JCA is only defined through its MoU and not through a Jersey government framework.
HSC, in responding to Deputy St Pier’s questions, has revealed that the situation in Guernsey is much the same.
“The BGCA does not have specific Terms of Reference with CfHSC,” said Deputy Brouard.
“Legislation clearly states the legal framework and scope within which the Licensing Authority (and thus also the BGCA) can operate.
“When constituted, the role of the BGCA was defined. BGCA officers have specific legal authorisations and this defines and limits the activities that can be undertaken.
“Regular Committee briefings and feedback have defined the reporting process between BGCA and the Committee. It is acknowledged that there may be some merit in formalising Terms of Reference between BGCA and the Committee although this is not considered a matter of necessity.”
Pictured: “I’m encouraged that the Committee have so swiftly given consideration to any lessons that can be taken from the Scrutiny Panel’s substantial report in Jersey,” said Deputy St Pier.
In his response to the answers given by HSC, Deputy St Pier said the lack of terms of reference is something he will continue to pay attention to as the industry progresses.
“In an earlier question, I had ascertained from the response, that the Bailiwick of Guernsey Cannabis Agency has no terms of reference set for it,” said Deputy St Pier
“It was interesting to note that the same observation was made by the Scrutiny Panel in relation to the Jersey Cannabis Agency.
“The Committee have now said that there ‘may be some merit’ in formalising terms of reference and this is perhaps one area that I will keep an eye on.”
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