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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 28 July 2020

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0047

Decision Date:   13 July 2020

DECISION SUMMARY TITLE:

Amendments to the Work Permit Policy: General Agreement on Trade in Services

 

DECISION SUMMARY AUTHOR:

Acting Director, Immigration & 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: Work Permit Policy (General Agreement on Trade in Services: Mode 4)

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

Acting Director, Immigration & 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 approved amendments to the Work Permit Policy (“the Policy”) in relation to the employment of persons engaged in the supply of goods and services. 

 

The need to make amendments to the Policy arises because Jersey will be covered by the UK’s World Trade Organisation (“WTO”) membership from the end of the Brexit transition period. The General Agreement on Trade in Services (“GATS”) is a treaty of the WTO and Mode 4 relates to the supply of a service by a service supplier of a WTO member, through the presence of natural persons of a WTO member in the territory of any other member.  Note that Mode 4 covers only temporary entry and stay in a member’s territory to supply services; it doesn’t cover access to the labour market or measures regarding citizenship, residence or employment on a permanent basis. This means that once WTO membership applies to Jersey, at the end of the transition period, the Policy will need to be consistent with the UK’s WTO Mode 4 commitments in relation to the following:  

 

  • Contractual service suppliers

This refers to persons employed by a company with no commercial presence in the EU under a contract to supply services in Jersey as set out in the GATS or a similar trade agreement; and the detailed criteria (which are the same as in the UK) are shown in the attached report.

  • Independent professionals

This refers to self-employed persons with no commercial presence in the EU under a contract to supply services in Jersey as set out in the EU - CARIFORUM economic partnership agreement or a similar trade agreement; and again the detailed criteria (which are the same as in the UK) are shown in the attached report.

RESOURCE IMPLICATIONS:  None as a consequence of this decision.

ACTION REQUIRED: Customs and Immigration Service to make the appropriate amendments to the Work Permit Policy referred to in the attached report and to come into effect on the day the Ministerial Decision is signed.

 

In addition, information in relation to contractual service suppliers and independent professionals to be made available on gov.je.

SIGNATURE:

 

 

 

POSITION:

 

Connétable Len Norman

Minister for Home Affairs

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION:

 

 

 

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