Immigration (Control of Entry through Republic of Ireland) (Jersey) Order 2015

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 May 2015:

Decision Reference: MD-HA-2015-0034
Decision Summary Title :	Immigration (Control of Entry through Republic of Ireland) (Jersey) Order 2015		Date of Decision Summary:	27 April 2015
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Immigration (Control of Entry through Republic of Ireland) (Jersey) Order 2015		Date of Written Report:	27 April 2015
Written Report Author:	Executive Officer Home Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Immigration (Control of Entry through Republic of Ireland) (Jersey) Order 2015
Decision(s): The Minister made the Immigration (Control of Entry through Republic of Ireland) (Jersey) Order 2015.
Reason(s) for Decision: It is very important that as a member of the Common Travel Area, the Island’s immigration legislation reflects that of the UK. Unlike the UK and also Guernsey, there is currently no equivalent to the UK Immigration (Control of Entry through Republic of Ireland) Order 1972. The Immigration (Control of Entry through Republic of Ireland) (Jersey) Order 2015 is the equivalent of the 1972 UK Order, as amended.
Resource Implications: None.
Action required: The Executive Officer, Home Affairs, to notify the Publications Editor at the States Greffe that the Order has been made and to request the Greffier of the States to arrange for the making of the Order to be notified to the States.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Immigration (Control of Entry through Republic of Ireland) (Jersey) Order 2015

Report for the Minister for Home Affairs

Immigration (Control of Entry through Republic of Ireland) (Jersey) Order 2015

Jersey, together with the other Crown Dependencies, the UK and the Republic of Ireland form the Common Travel Area (“CTA”). Part 1, section 1(3) of the Immigration Act 1971, as extended to Jersey by the Immigration (Jersey) Order 1993, makes reference to the CTA and states that the arrival in and departure from Jersey on a local journey from or to the UK, Guernsey, the Isle of Man or the Republic of Ireland shall not be subject to control except in so far as section 9(6) of the Act allows.

Section 9(6) of the 1971 Act empowers the Secretary of State by Order to exclude the Republic of Ireland from the provisions of section 1(3) for certain purposes and imposes restrictions as to the period for which people may remain and the right to take employment. In 1972 the UK made such an Order - the Immigration (Control of Entry through Republic of Ireland) Order 1972 (‘the 1972 UK Order’) which has since been amended, most recently by the Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014.

Jersey (unlike Guernsey and the Isle of Man) has no equivalent of the 1972 UK Order. Hence, arrivals from within the CTA are not subject to control of any sort under the 1971 Act, and leave to enter is not required. This ought not to be the case for certain categories of person, notably persons who arrive on flights from the Republic of Ireland if they entered the Republic in the course of a journey to Jersey which began outside the CTA and were not given leave to land in the Republic. It ought not to apply either to certain persons arriving from the Republic of Ireland who have no valid entry visa; have entered that Republic/the UK or other Islands unlawfully from outside the CTA, or are subject to exclusion orders.

It should be noted as well that the 1972 UK Order applies restrictions on certain persons who do not have a right of abode in the UK; such restrictions relate to the period such a person is able to remain in the UK and his or her right to take up employment.

It is important that as a member of the CTA, the provisions that are applied by Jersey to movement within the component parts of the CTA are consistent with the provisions that are applied by the other members. The power to make an Order in Jersey equivalent to the 1972 UK Order vests partly in the Lieutenant-Governor (for immigration matters) and partly in the Minister for Home Affairs (essentially for work permit purposes).

The Immigration (Control of Entry through Republic of Ireland) (Jersey) Order 2015 is the equivalent of the 1972 UK Order, as amended, and would address the issues described above.

Recommendation

It is recommended that the Minister makes the Immigration (Control of Entry through Republic of Ireland) (Jersey) Order 2015 insofar as it is within her power to do so, and that both she and the Lieutenant Governor sign the Order.

Executive Officer, Home Affairs

April 2015