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Immigration (EU Withdrawal) (Commencement) (Jersey) Order 2020

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 December 2020:

2020MINISTERIAL DECISION REFERENCE: MD-HA-2020-0084

Decision Date:    16 December 2020      

DECISION SUMMARY TITLE:

Immigration (EU Withdrawal) (Commencement) (Jersey) Order 2020

 

DECISION SUMMARY AUTHOR:

Senior Manager Immigration and Nationality

 

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)

Public

REPORT TITLE: Immigration (EU Withdrawal) (Commencement) (Jersey) Order 2020

 

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)

Senior Manager Immigration and Nationality

 

IS THE REPORT PUBLIC OR EXEMPT (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)

Public

DECISION AND REASON FOR THE DECISION:

 

The Minister for Home Affairs has decided to make the Immigration (EU Withdrawal) (Commencement) (Jersey) Order 2020 (“Commencement Order”). 

 

The purpose of the Commencement Order is to bring into force the Order in Council which extends to Jersey certain provisions of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (“2020 Act”).  The Order in Council was registered by the Royal Court on 18 December 2020, having been approved by the States on 04 November 2020 [P.140/2020] and made by Her Majesty in Council on 16 December 2020.  The relevant provisions of the 2020 Act, as extended to Jersey –

 

(i)     repeal s.7 of the Immigration Act 1988 relating to free movement of EEA citizens;

(ii)    protect the status of Irish citizens in Jersey immigration law once their EU free movement rights end;

(iii)  confer power on the Minister for Home Affairs to amend, by Order, legislation in consequence of, or in connection with the ending of free movement.

 

The Commencement Order ensures that the extended provisions above take effect in Jersey in tandem with equivalent provisions taking effect in the remainder of the Common Travel Area.

RESOURCE IMPLICATIONS:  None as a consequence of this decision.

 

ACTION REQUIRED: The Minister for Home Affairs to sign and seal the Order and the Private Secretary to return the document to the States Greffe immediately. The Greffier of the States to be requested to arrange for the States Assembly to be notified once the commencement Order has been made.

 

SIGNATURE:

 

 

 

POSITION:

 

Connétable Len Norman

Minister for Home Affairs

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION:

 

xx December 2020

xx December 2020

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