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Aviation Security (Jersey) (Amendment) Direction 2018

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 29 November 2018:

MINISTERIAL DECISION REFERENCE:    MD-ER-2018-0045

DECISION SUMMARY TITLE:   The Aviation Security (Jersey) (Amendment) Direction 2018

DECISION SUMMARY AUTHOR:

Head of International Compliance

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:     The Aviation Security (Jersey) (Amendment) Direction 2018

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: 

Law Draftsman

IS THE REPORT PUBLIC OR EXEMPT? 

Public

DECISION AND REASON FOR THE DECISION:

The Minister for External Relations, in pursuance of Regulations 3(2) and 7 of the States of Jersey (Minister for External Relations) (Jersey) Regulations 2013 in exercise of the powers conferred on his office by sections  12(1), 13(1), 13A(1), 14(1A), 17(1), 24A and 38(6) of the Aviation Security Act 1982, as extended to Jersey by the Aviation Security (Jersey) Order 1993, and all other powers enabling him in that behalf, made the Aviation Security (Jersey) (Amendment) Direction 2018.

The Aviation Security (Jersey) (Amendment) Direction 2018 updates the measures to be taken to ensure aviation security standards are equivalent to the latest applied to the UK and in Europe. The effective regulation of aviation security is important to assure the safety of air passengers and staff, to satisfy the security requirements of air operators and to maintain recognition of equivalent security standards in Jersey by authorities in the UK and Europe.

RESOURCE IMPLICATIONS:    There are no resource implications arising from this legislation.

ACTION REQUIRED:  The Director of Civil Aviation shall –

 

Notify relevant persons of the Aviation Security (Jersey) (Amendment) Direction 2018, as appropriate.

SIGNATURE:

 

 

SENATOR IAN GORST

POSITION:

 

 

MINISTER FOR EXTERNAL RELATIONS

 

 

DATE SIGNED

EFFECTIVE DATE OF THE DECISION

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Aviation Security (Jersey) (Amendment) Direction 2018

 

Aviation Security (Jersey) (Amendment) Direction 2018

Written Report

 

Introduction

The Channel Island Civil Aviation Security Programme (CICASP) was finalised in September 2012 when the Chief Minister in Jersey and the Commerce and Employment Board in Guernsey approved the Aviation Security (Bailiwick of Guernsey) Direction 2012. The Direction sets out the equivalent security measures to the EU and UK which ensures that flights from the Bailiwicks of Jersey and Guernsey continue to be treated as “recognised flights” and not subjected to further security measures.

Since then both Islands have approved amendments to the Direction on a regular basis to take account of the changes made to the EU and UK regulations, thus maintaining equivalency.

Briefing Paper

The Aviation Security (Jersey) Direction, 2012, as amended, consists of five Annexes which are of a technical nature and detail the measures with which airports, airlines and freight companies must comply with to enable them to operate without further measures being applied to flights, passengers and cargo. Currently the fifth Annex has no content as it is for specific Channel Island measures, of which there are currently none in force.

Due to the very nature of aviation security there have been a number of changes since the last Amendment Direction in 2017, both in the UK and Europe, and it has become necessary to issue a further amendment in the form of The Aviation Security (Jersey) (Amendment) Direction 2018 to take account of the changes and maintain equivalent standards in the Bailiwick.

A parallel Direction is to be approved by the Committee for Economic Development in Guernsey, thus maintaining consistency, as agreed by the two Bailiwicks.

The 2018 Direction formalises the procedures that are currently applied and will have no impact on passengers.

Two of the Annexes (C and D) are classified due to the nature of their content. Copies of Annexes C and D should not be printed to comply with the confidential nature of the documents which are also subject to EU Confidentiality requirements.

Details of consultation with Jersey Law Officers and other Relevant Stakeholders

The DCA’s Office maintains ongoing dialogue with the Jersey Law Officers and is advised by Advocate Victoria C. Bell and Advocate Gregory White, who have reviewed the Aviation Security Direction. The airport, as the main stakeholder, is advised of any changes to regulations by the office of the DCA. The UK DfT and CAA and meets regularly with the Aviation Security Regulator.

Summary

The Aviation Security (Jersey) (Amendment) Direction, 2018 updates the previous Direction, to take account of changes in the regulations to maintain equivalency with the UK and EU regulations.

 

Recommendations

The Minister is asked to approve The Aviation Security (Jersey) (Amendment) Direction 2018.

Appendices

Annex A: Channel Islands Common Basic Standards

Annex B: Channel Islands Detailed Measures Supplemental to Annex A

Annex C: Channel Islands Restricted Detailed Measures Supplemental to Annex A (Not for Publication)

Annex D: Channel Islands Restricted More Stringent Measures (Not for Publication).

 

 

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