Thursday, 27 April 2017

States of Jersey puts out ragwort fake news.

The States of Jersey has put out fake news i.e. false and inaccurate information on its own laws.

They have told people that there is a legal obligation to control ragwort when there is not.

They put out a tweet directing people to a website with the following false information on it.,

Land occupier obligation and the law

Ragwort is specified as an Injurious Weed under the Weeds (Jersey) Law 1961 which requires occupiers to prevent it from spreading.
Land occupier co-operation is required to control this weed and prevent it from maturing, seeding and ultimately spreading throughout the island. This is a legal requirement if you are the occupier of the land upon which the weed is growing.

This is not true.

There is a law on Jersey called the Weeds (Jersey) Law1961
 It does not say what that website says. It is basically a copy of the UK's Weeds Act, It says :-

The Minister, if satisfied that there are injurious weeds to which this Law applies growing upon any land, may cause to be served on the occupier of the land a notice in writing requiring him or her, within the time specified in the https://www.foe.co.uk/blog/ragwort-poisonous-ragwort-mythbusternotice, to take such action as may be necessary to prevent the injurious weeds from spreading.
To use an analogy. In the UK there are Curfew Orders which allow authorities to tell parents to keep their children off the streets in problem areas. This doesn't mean that there is a universal requirement on parents to keep their children inside all the time. Just like with ragwort orders can be made to deal with specific problems.


When there were additions to the  Weeds Act in the UK. In the form of the oddly named Ragwort Control Act ( It only creates a Code of Practice and doesn't oblige control) It was originally planned to make it force control but this was decided against. Claims from firms making statements like this in the UK have been stopped after action by the Advertising Standards Authority.


There is also the issue that it has been repeated by the BBC!

Further information can be obtained from these documents from  Friends of the Earth. They cover the legal position in the UK, but as I said the Jersey law is just a copy of the UK one.

https://www.foe.co.uk/blog/ragwort-poisonous-ragwort-mythbuster

and

 https://www.foe.co.uk/sites/default/files/downloads/friends-earth-ragwort-briefing-november-2016-101965.pdf

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