Comment of the Chief Minister in response to Amendment to P37/2011 lodged by Deputy Power
Achieving the Assembly’s immigration targets, protecting local jobs, and controlling the ability of migrants to work in the Island has to be managed with due care and attention. While these decisions are inherently difficult, they are made with fairness and the overall needs of the Island community in mind.
However, we do need a new Law which removes the weaknesses of the Regulation of Undertakings Law and the complexities of the Housing Law. A new law that radically improves our enforcement powers and that provides much more information to identity and address non compliance. At the same time, the new Law will also reduce costs by reducing red tape.
As to comparisons between jurisdictions, Jersey, Guernsey and the Isle of Man all control the ability of individual businesses to engage migrant labour while exempting very short term workers, and each permits British and European Economic Area nationals to live in the Island without any permission (although Jersey and Guernsey restrict access to housing). Indeed, the Islands have experienced similar levels of population growth over recent years.[1] The lessons that can be gained by observing our neighbouring islands are that each Island faces similar difficulties, and no solution fits all. As to Jersey, our immediate task is to considerably improve what we have, in the most cost effective manner.
As to who is responsible for these decisions, in 2005 the Assembly overwhelmingly approved a proposition directing that the Chief Minister should be responsible, having firmly rejected alternative propositions to appoint the Housing Minister and Economic Development Minister (and Committees). The reasons were simple; decisions should not be directed by any single need alone, whether the economy, housing, or any other matter, rather, the balanced needs of the Island as a whole should prevail. This is best done by the Chief Minister, as elected by the Assembly, on the basis that he or she will have to follow the States immigration and population targets as set by the Strategic Plan. Indeed, it is one of the functions of the Assembly to hold the Chief Minister to account.
By way of comparison, it is questionable whether the Housing Minister should be making decisions on every application from business for staff, or whether the Economic Development or Social Security Minister should determine housing categories. Instead, the Law proposes that an Assistant Minister should focus on these matters by chairing an advisory group, supported by the Housing and Economic Development Ministers, and other nominated persons. This will provide an expert lead politician who will benefit from a wide range of advice and scrutiny when making decisions to achieve States’ objectives. In this way, a decision making process is in a place which will have to take a balanced view of all States policies.
As to when a person needs to register, all persons who start work of any kind will need to register under the Law, thus capturing migrants who come to obtain jobs. As for people who do not work, they have 3 months to register. This means that it is clear that short term visitors are not captured, and we keep the Register up to date. I appreciate the concerns of some Members over short-term immigrant labour. However by introducing a 7 day rule, we simply create more uncertainty, more enquiries, more administration, and more non compliance, and for very limited apparent benefit.
Members are recommended to reject this amendment.
Comment of the Chief Minister in response to Amendment by the Corporate Services Panel to the Amendment to P37/2011 as lodged by Deputy Power
It is true that the operational links between the Social Security Department and the Population Office will grow considerably should the new Law be approved. However, the core objectives of the Social Security Minister and his or her Department are not directed toward managing population and immigration, or the availability of housing.
In future, the Social Security Department will be registering new arrivals, issuing registration cards, and de-registering leavers on behalf of the Population Office. There will also continue to be high levels of co-ordination to ensure that locally qualified people, and in particular, unemployed people, obtain work and training in preference to new migrants, with due consideration to the needs of employers. However, many responsibilities under the new Law will not overlap, for example, the allocation of residential status and the categorisation of housing. One therefore has to be careful about expanding the operational span and size of individual Departments, especially when the Social Security Department already has substantial responsibilities in other areas. Instead, the Population Office and Social Security Department can continue to work together effectively and in a “fleet of foot” manner without being joined together.
As to political direction, it is a well rehearsed decision that the Assembly in 2005 voted overwhelmingly that responsibility should be with the Chief Minister, because decisions should not be directed by any single need, but with a view to the overall best interests of the Island, with reference to immigration and population, and the availability of housing and work. In the Law, these responsibilities will be supported by an advisory group, on which Social Security has an important political role, but this is not the same as considerably expanding the remit of the Social Security Minister such that he or she directs immigration and population and housing matters.
Comment of the Chief Minister to Amendment to P38/2011 lodged by Deputy Power
The draft Register of Names and Addresses (Jersey) Law 201- places a duty on the Chief Minister to establish a register of individuals in accordance with the terms of the Law.
The Register is intended to be a central database of name and address information which can be shared by public authorities in accordance with the Law, and as explained in P38/2011.
As a central resource, it is believed that ministerial responsibility is properly attributable to the Chief Minister. Indeed, the IT systems that support the Register will be controlled and managed by the Information Services Department, which is a under the auspices of the Chief Minister. This is consistent with Article 5(6) of the Law, which clearly states that:
“A public authority must not use registrable facts from the Register unless the Minister is satisfied that the authority has adequate systems in place for securing the confidentiality and integrity of those facts”.
The Chief Minister is best placed to secure this.
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