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Customs and Immigration Officers - extension of articles of the PPCE

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (15.02.07) to extend relevant articles of the PPCE to Officers of the Customs and Immigration Service.

 

-

Subject:

Drafting of Order to extend relevant articles of Part 5 PPCE to Officers of the Customs and Immigration Service

Decision Reference:

MD-HA-2007-0021

Exempt clause(s):

Non Exempt

Type of Report:

(oral or written)

Written

Person Giving Report (if oral):

 

Telephone or

e-mail Meeting?

 

Report

File ref:

 

Written report – Title

The drafting of an Order to extend the relevant articles of Part 5 of the Police Procedures and Criminal Evidence (Jersey) Law, 2003 (PPCE) to Officers of the Customs and Immigration Service.

Written report – Author

(name and job title)

Steven Le Marquand, Director, Law Enforcement

Decision(s):

The Minister re-confirmed the previous decision of the Home Affairs Committee on 24th April 2003 requesting that the Law Draftsman prepare the necessary legislation to extend the relevant Articles of the PPCE to Officers of the Customs and Immigration Service.

Reason(s) for decision:

Part 5 of PPCE is likely to be implemented in the near future. When this happens it will be necessary to arrange for the relevant articles to be extended to Officers of the Customs and Immigration Service by virtue of an Order under Article 107 of PPCE.

When the previous parts of the law were implemented an Order was prepared by the Law Draftsman based on a decision of the then Home Affairs Committee. This decision was dated 24th April 2003.

The introduction of Part 5 will require the drafting of an additional Order, the first one under this legislation since the move to Ministerial Government. After consultation with the Chief Officer, Home Affairs it was felt appropriate that the Minister should approve the drafting of a new Order in relation to Part 5 of the Law.

Action required:

Director, Law Enforcement to request the Law Draftsman’s Office to prepare the necessary legislation to extend the relevant Articles of Part 5 of PPCE, to officers of the Customs and Immigration Service.

Signature:

(Minister/ Assistant Minister)

Date of Decision:

 

 

 

 

 

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