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Head of Customs and Immigration Service: Appointment

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 30 October 2013:

Decision Reference:  MD-HA-2013-0060

Decision Summary Title :

Head of Jersey Customs and Immigration Service

Date of Decision Summary:

23 October 2013

Decision Summary Author:

Executive Officer

Home Affairs

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Report and Proposition

Date of Written Report:

23 October 2013

Written Report Author:

Executive Officer

Home Affairs

Written Report :

Public or Exempt?

Public

Subject:  Head of the Jersey Customs and Immigration Service.

 

Decision(s): The Minister decided to propose the appointment of Mr David Nurse as Head of the Jersey Customs and Immigration Service and approved a Report and Proposition recommending to the States his appointment as Agent of the Impôts.

 

Reason(s) for Decision: The current Head of the Jersey Customs and Immigration Service is due to retire at the end of 2013.  Following a rigorous interview and assessment process comprising the Chairman of the Appointments Commission; the Chief Officer, Home Affairs; the Treasurer of the States; the Deputy Director of HR and the Regional Director (South) UK Border Agency, the position was offered to Mr David Nurse.  The Head of Jersey Customs and Immigration Service is both the Chief Officer of Immigration and the Agent of the Impôts.  In accordance with Article 4 of the Customs and Excise (Jersey) Law 1999, it is the States who must make the decision in relation to the appointment of the Agent of the Impôts. 

 

Resource Implications: There are no additional financial or manpower implications arising from this proposition.

Action required: The Executive Officer, Home Affairs, to request the Greffier of the States to arrange for the attached Report and Proposition to be lodged ‘au Greffe’ for consideration by the States on 3 December 2013.

Signature:

 

 

Position:

Minister for Home Affairs

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Head of Customs and Immigration Service: Appointment

PROPOSITION

 

THE STATES are asked to decide whether they are of opinion -

 

In accordance with Article 4 of the Customs and Excise (Jersey) Law 1999, to appoint Mr David Austin John Nurse as Agent of the Impôts with effect from 1 January 2014.

 

 

 

 

Senator B I Le Marquand

Minister for Home Affairs


REPORT

 

I am pleased to propose the appointment of Mr David Nurse to the position of Head of the Jersey Customs and Immigration Service.  

 

The process for the recruitment of the Head of the Customs and Immigration Service has been managed by the States Human Resources Department with the full involvement of the Appointments Commission.  The Appointments Commission agreed that the post should be advertised internally within the States of Jersey.  The selection board comprised Brian Curtis. Chairman of the Appointments Commission; Steven Austin-Vautier, Chief Officer of the Home Affairs Department; Laura Rowley, Treasurer of the States; Richard Stevens, Deputy Director of HR and Carole Upshall Regional Director (South) UK Border Agency.

 

Following a rigorous interview and assessment process, involving some excellent candidates, the decision of the selection board was to recommend the appointment of Mr Nurse as the Head of the Customs and Immigration Service.  Mr Nurse is currently one of the Directors of the Jersey Customs and Immigration Service and since 2012 has been the Director responsible for all Customs and Immigration law enforcement activities.  A brief résumé is attached to this Proposition.

 

The Head of the Jersey Customs and Immigration Service is both the Chief Officer of Immigration and the Agent of the Impôts.  Whilst the Home Affairs Department has the authority to appoint Mr Nurse to the post of Chief Officer of Immigration, the States must make the decision in respect of the appointment to Agent of the Impôts, in accordance with Article 4 of the Customs and Excise (Jersey) Law 1999.  

 

Article 4, paragraphs (1) and (2) of the Law read as follows:

 

(1)         Subject to paragraph (2), there shall be appointed a person to be Agent of the Impôts and such number of officers of the Impôts (all of whom shall be States’ employees within the meaning of Article 2 of the Employment of States of Jersey Employees (Jersey) Law 2005) including Deputy Agents of the Impôts, as may be necessary to assist the Agent of the Impôts in the exercise of the Agent’s functions under this Law.

 

(2)         The appointment of the Agent of the Impôts shall be subject to the approval of the States, who shall first deliberate on the subject in camera and shall then vote in public assembly by ballot, the votes of an absolute majority of the members present and voting being necessary for such approval.

 

 

The current incumbent, Mr Michael Robinson, retires on 31 December 2013.  The post therefore falls vacant from 1 January 2014.

 

There are no additional financial or manpower implications arising from this appointment.

 

 

Senator B I Le Marquand

Minister for Home Affairs

Mr David Austin John Nurse

 

 

David Nurse was born in Birmingham, but moved to Jersey with his parents at the age of seven.  He was educated at Victoria College Preparatory School, Victoria College and Highlands College.  He is married with two children: a daughter aged 28 and a 24 year-old son.

 

In 1975 he commenced employment with the States of Jersey in the Immigration and Nationality Department.  He joined the Customs and Excise Department as a uniformed officer in 1978.

 

In 1989 he was promoted to Senior Officer and was initially with the Joint Financial Crimes Unit, leading a customs border team.  He subsequently led the Customs Investigation Unit until finally leading the customs team responsible for revenue and goods control.

 

In 1999 he was promoted to the equivalent rank of Assistant Director and initially co-managed the Joint Intelligence Bureau.  He subsequently managed the customs investigation and border teams and finally, prior to the full merger of the Customs and Immigration departments, managed the immigration frontier teams and casework section.

 

He was promoted to Director in 2006 and had responsibility for revenue and goods control at first specifically ensuring that all the appropriate measures were in place to allow for the collection of GST on imported goods.  On the retirement of the Immigration Director, he accepted the additional responsibility for pre- and post-entry immigration control of foreign nationals.

 

Since 2012 he has been the Director responsible for all Customs and Immigration law enforcement activities.

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