Order concerning persons who enter Jersey from the Republic of Ireland: Drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 5 December 2014:

Decision Reference: MD-HA-2014-0067
Decision Summary Title :	Order concerning persons who enter Jersey from the Republic of Ireland under section 9 of the Immigration Act, 1971, as extended		Date of Decision Summary:	12 November 2014
Decision Summary Author:	Director, Legal Status and Revenue, Customs and Immigration Service		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 :	Order concerning persons who enter Jersey from the Republic of Ireland under section 9 of the Immigration Act, 1971, as extended		Date of Written Report:	12 November 2014
Written Report Author:	Director, Legal Status and Revenue, Customs and Immigration Service		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Law drafting request - Order concerning persons who enter Jersey from the Republic of Ireland under section 9 of the Immigration Act, 1971, as extended.
Decision(s): The Minister authorised the Director, Legal Status and Revenue, to liaise with the Law Draftsman and arrange for the relevant Order to be drafted.
Reason(s) for Decision: Unlike both the UK and Guernsey, Jersey does not have an Order in place which replicates the effect of The Immigration (Control of Entry through Republic of Ireland) Order 1972 as amended. As a member of the Common Travel Area it is important that the Island’s Immigration legislation is aligned to that of the UK.
Resource Implications: None.
Action required: The Director, Legal Status and Revenue to liaise with the Law Draftsman and arrange for the Order to be drafted.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):