Immigration Control of Entry through Ireland (Jersey) Order 2018: Amendments

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 27 March 2019

MINISTERIAL DECISION REFERENCE: MD-HA-2019-0036
Decision Date: 26th March 2019
DECISION SUMMARY TITLE: Changes to the Immigration Control of Entry Through Ireland (Jersey) Order 2018
DECISION SUMMARY AUTHOR:	Private Secretary to the Minister for Home Affairs	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Changes to the Immigration Control of Entry Through Ireland (Jersey) Order 2018
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Private Secretary to the Minister for Home Affairs	IS THE REPORT PUBLIC OR EXEMPT (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Oral report
DECISION AND REASON FOR THE DECISION: The Minister for Home Affairs decided to amend the Immigration (Control of Entry Through Republic of Ireland) (Jersey) Order 2018 in order to remain consistent with changes that were made to the UK’s Immigration (Control of Entry through Republic of Ireland) Order 1972 and which are contained within Part 2 of the Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (SI 2019 No. 468 http://www.legislation.gov.uk/uksi/2019/468/pdfs/uksi_20190468_en.pdf). The amendments are required in order to – (a) ensure that an individual who is excluded under international obligations – i.e. who is an excluded person for the purposes of section 8B of the Immigration Act 1971, as extended to Jersey – is not entitled to enter Jersey from Ireland without leave under common travel area legislation; (b) ensure that a person who has, or may be granted, leave to enter or remain in Jersey by virtue of Appendix EU(J) to the Jersey immigration rules is not subject to the restrictions and conditions on remaining in Jersey set out Article 4 of the 2018 Order. The Minister further requested drafting commence to make the necessary amendments to the Order. The Order should be drafted so that the Order comes into effect on the day that the United Kingdom withdraws from the European Union.
RESOURCE IMPLICATIONS: There are no financial or manpower implications arising from this decision.
ACTION REQUIRED: The Law Officers’ Department will send this Decision to the Legislative Drafting Office, noting that a drafting brief for an amending Order has already been forwarded.
SIGNATURE:			POSITION: Connétable Len Norman Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION: