British Nationality Act 1981 (HM Armed Forces Exemption) Bill: Extension to Jersey

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 June 2013:

Decision Reference: MD-C-2013-0059
Decision Summary Title :	British Nationality Act 1981 (HM Armed Forces Exemption) Act – extension to Jersey		Date of Decision Summary:	21st June 2013
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	British Nationality Act 1981 (HM Armed Forces Exemption) Act – extension to Jersey		Date of Written Report:	12th June 2013
Written Report Author:	International Relations		Written Report : Public or Exempt?	Public
Subject: Extension to Jersey of the British Nationality Act 1981 (HM Armed Forces Exemption) Bill.
Decision(s): The Deputy Chief Minister decided – to lodge a Proposition to the States in accordance with Article 31 of the States of Jersey Law, in order that the States may signify their views on the extension to Jersey of the British Nationality Act 1981 (HM Armed Forces Exemption) Bill .
Reason(s) for Decision: The United Kingdom Government intends to amend the British Nationality Act 1981 to ensure compliance with the Armed Forces Covenant, so that British armed forces are not disadvantaged by military service overseas. The 1981 Act extends to the Crown Dependencies and the British Overseas Territories. The Act provides the criteria for acquiring or qualifying for British nationality. It applies to Jersey as if it was part of the United Kingdom. It is therefore proposed that the provisions of the Bill should extend to Jersey. The Customs and Immigration Department and Law Officers have indicated they are content in principle with the proposal. Article 31(1) of the States of Jersey Law 2005 states that: Duty to refer certain matters to the States (1) Where it is proposed – (a) that any provision of a draft Act of the Parliament of the United Kingdom should apply directly to Jersey; … the Chief Minister shall lodge the proposal in order that the States may signify their views on it. Accordingly, it is proposed that the Chief Minister should lodge the attached Proposition so that the States may signify their view on the matter.
Resource Implications: There will be no manpower, revenue or capital requirements arising.
Action required: International Relations to inform the Greffier of the States of the Proposition to be lodged for debate as soon as possible.
Signature:		Position: Deputy Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):