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Immigration (Amendment) (Jersey) Order 2017: Extension to Jersey by Order in Council

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 31 March 2017:

MINISTERIAL DECISION REFERENCE:   MD-C-2017-0031

DECISION SUMMARY TITLE:  Extension of Orders in Council – Immigration (Amendment) (Jersey) Order 201- lodging of report and proposition and presentation of separate Report

DECISION SUMMARY AUTHOR:

Policy Officer, Community and Constitutional Affairs

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:  Extension of Orders in Council – Immigration (Amendment) (Jersey) Order 201- lodging of report and proposition and presentation of separate Report

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:

Senior Legal Adviser, Law Officers’ Department

IS THE REPORT PUBLIC OR EXEMPT 

Public

DECISION AND REASON FOR THE DECISION:

In accordance with Article 31 (1) of the States of Jersey Law 2005, the Chief Minister approved for lodging ‘au Greffe’ a draft report and proposition seeking the States’ approval that a request be made to the Privy Council for the making of an Order in Council that would amend:

(i)                  the Immigration (Jersey) Order 1993;

(ii)                 the Immigration and Asylum Act 1999 (Jersey) Order 2003;

(iii)               the Immigration (Jersey) Order 2012; and

(iv)               the Immigration (Jersey) Order 2015,

so that the functions under the Immigration Acts discharged in the UK by the Secretary of State (the Home Secretary) would be discharged in Jersey by the Minister for Home Affairs.

The draft Order in Council would also amend any pre-2005 references to ‘the Committee’ so that there are consistent references throughout Jersey’s immigration legislation to ‘the Minister’.

Furthermore, the draft Order in Council would re-extend section 25 (5) of The UK Immigration Act 1971 to Jersey so that the offence of illegally assisting entry applies to things done whether inside or outside of Jersey irrespective of the nationality of the person who does them.

The Chief Minister also agreed to simultaneously present a Report to the States Assembly providing a consolidation of the UK Immigration Acts, as extended to Jersey by Order in Council, as they would appear upon the entry into force of the Immigration (Amendment) (Jersey) Order 2017.

RESOURCE IMPLICATIONS:

None as a consequence of this Ministerial Decision.

 

 

 

ACTION REQUIRED:

The Policy Officer to request the Greffier of the States to lodge the draft report and proposition ‘au Greffe’ in order that the States may signify their views on it, as provided for in Article 31 (1) of the States of Jersey Law 2005.

The Policy Officer to also request the Greffier of the States to present to the Assembly as a separate Report the attached document outlining the various legislative changes which would come into force as a consequence of the Immigration (Amendment) (Jersey) Order 2017.

SIGNATURE:

 

 

 

 

POSITION:

 

Senator Ian Gorst

Chief Minister

 

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION:

 

 

 

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