Customs and Excise (Jersey) Law 1999: Amendment: Law drafting instructions

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

Decision Reference: MD-HA-2017-0012
Decision Summary Title :	Minor law amendment to Articles 24 and 34 of the Customs and Excise (Jersey) Law 1999.		Date of Decision Summary:	14 February 2017
Decision Summary Author:	Director, Law Enforcement. Customs and Immigration Service		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Minor law amendment to Articles 24 and 34 of the Customs and Excise (Jersey) Law 1999.		Date of Written Report:	14 February 2017
Written Report Author:	Director, Law Enforcement. Customs and Immigration Service		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Minor law amendment to Articles 24 and 34 of the Customs and Excise (Jersey) Law 1999. Both these Articles relate to the reporting of passenger and crew information for Customs purposes.
Decision(s): The Assistant Minister is to authorise JCIS to liaise with the Law Draftsman and arrange for the relevant amendment to be made.
Reason(s) for Decision: A minor amendment to the Customs & Excise (Jersey) Law 1999 is required to make provision for passenger and crew information to be provided in advance of a ship or aircraft’s arrival or departure.
Resource Implications: None
Action required: The Assistant Minister is asked to authorise JCIS to liaise with the Law Draftsman and arrange for the relevant amendment to be made.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Probate (Jersey) Law 1998: Amendment: Law drafting instructions

Decision Summary Report

Community and Constitutional Affairs

Customs and Immigration Service

To: Assistant Minister for Home Affairs

Submitted by: Steven Le Marquand, Director, Law Enforcement. Customs & Immigration Service

Date: 14 February 2017

Subject: Minor law amendment to Articles 24 and 34 of the Customs and Excise (Jersey) Law 1999.

Background

Articles 24 and 34 and of the Customs and Excise (Jersey) Law 1999 provide for statutory directions to be made by the Agent of the Impôts in respect of the inward and outward entry and reporting of ships and aircraft, including goods, crew, passenger and voyage details.

Information is currently provided by carriers under Articles 24 and 34 so that Customs Officers can, inter alia, monitor the movements of known and suspected criminals or persons of interest in and out of the Island, leading to the identification of those who may be involved in the smuggling of prohibited, restricted or dutiable goods.

A project is now seeking to standardise and automate the way the Customs and Immigration Service (‘JCIS’) conducts this work, with an aim to require carriers to submit passenger and journey information electronically in advance of arrival and departure. Detailed requirements will be contained within new Directions to be made by the Agent of the Impôts in due course.

The relevant sections of Article 24 and 34 of the 1999 Law currently read as follows:

Article 24 (1)

Report shall be made to the Agent of the Impôts in such form and manner and containing such particulars as the Agent may direct of every ship and aircraft which arrives in Jersey from a port or place outside Jersey.

Article 34 (1)

Report shall be made to the Agent of the Impôts in such form and manner and containing such particulars as the Agent may direct of every ship and aircraft which departs from Jersey to a port or place outside Jersey.

Similar legislative provisions are in place in the United Kingdom but advice received by JCIS has identified the need to make a minor amendment to Articles 24 and 34, so as to be able to require inward and outward reporting ‘in advance’ of a ship or aircraft’s arrival or departure, and not just ‘on arrival’.

Recommendation

The Assistant Minister is asked to authorise JCIS to liaise with the Law Draftsman and arrange for the relevant amendments to be made.

Official