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Immigration, Asylum and Nationality Act 2006 & Immigration Act 2014: Extension of Section of Acts of United Kingdom to Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 June 2015:

Ministerial decision reference    MD-C-2015-0070

Decision summary title Immigration, Asylum and Nationality Act 2006, and Immigration Act 2014: Extension of Certain Sections to Jersey

Decision summary author

External Relations

Is the decision summary public or exempt?  

Public

Report title Immigration, Asylum and Nationality Act 2006, and Immigration Act 2014: Extension of Certain Sections to Jersey

Report author or name of person giving report

Customs and Immigration Service

Is the report public or exempt?

Public

Decision and reason for the decision

The Chief Minister decided to lodge a Report and Proposition entitled ‘Immigration, Asylum and Nationality Act 2006, and Immigration Act 2014: Extension of Certain Sections to Jersey’, to request the States to consider whether to agree to the extension to Jersey of certain provisions of the following Acts of the United Kingdom:

  • the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”);
  • the Immigration Act 2014 of the United Kingdom (“the 2014 Act”).

The main purpose of the proposed Order is to widen powers in Jersey to implement embarkation controls.  The legislation will introduce powers to enable carrier and port operator staff to play a role in carrying out these checks on passengers departing to places outside of the Common Travel Area (“CTA”).  The CTA consists of the United Kingdom, Channel Islands, the Isle of Man and Republic of Ireland.  This will help develop an efficient exit checks system to protect the public from crime, terrorism and illegal immigration, but causes the least possible disruption to legitimate passenger traffic.

Resource implications

There are no resource implications arising from this legislation.

Action required

External Relations shall inform the Assistant Greffier of the States and the States Greffe Publications Editor, and request the Greffier of the States to arrange for the Report and Proposition to be lodged.

Signature

 

 

 

Position

Senator I J Gorst

Chief Minister

 

 

 

Date signed

 

Effective date of the decision

 

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