Work Permit Policy: Seasonal Hospitality Workers: Amendment

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 March 2019:

MINISTERIAL DECISION REFERENCE: MD-HA-2019-0025
Decision Date: 05 March 2019
DECISION SUMMARY TITLE: Amendment to Work Permit Policy: Seasonal Hospitality Workers
DECISION SUMMARY AUTHOR:	Private Secretary to the Minister for Home Affairs	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: Review of Work Permit Policy: Seasonal Hospitality Workers
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Acting Assistant Director, Immigration and Nationality	IS THE REPORT PUBLIC OR EXEMPT?		Public
DECISION AND REASON FOR THE DECISION: The Minister for Home Affairs decided to amend the Jersey Immigration Work Permit Policy to allow, subject to satisfactory applications, the employment of up to 150 non-EEA seasonal hospitality workers (in accordance with the requirements detailed in the attached report) for a period not exceeding 9 months. These work permits will be available in 2019 and 2020 as part of a 2 year trial. Any person in receipt of a work permit under this decision will be required to have a period of at least 3 months absence from the Island (once the 9 month limit has been reached) before they are allowed to return under the permit. The Minister is satisfied that a detailed business case has been set out by the Jersey Hospitality Association outlining the need for the industry to be able to recruit additional workers from outside the EEA. The Minister recognises the key economic role of the industry and the likely adverse impact of not being able to recruit sufficient seasonal workers. It should be noted that this decision does not impact on the number of licences available to local businesses under the Control of Housing and Work (Jersey) Law 2012. The Minister further decided to review this amendment in policy at the conclusion of the 2 year trial period.
RESOURCE IMPLICATIONS: There will be an increase in work permit applications as a result of this decision which will require allocation of resources within the Customs and Immigration Service to process and assess the applications.
ACTION REQUIRED: The Jersey Hospitality Association to be notified and the Jersey Work Permit Policy to be amended accordingly.
SIGNATURE:			POSITION: Connétable Len Norman Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION: