British Nationality Act 1981 (HM Armed Forces Exemption) Bill: Extension to Jersey

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A decision made 21 June 2013:

Decision Reference: MD-C-2013-0059
Decision Summary Title :	British Nationality Act 1981 (HM Armed Forces Exemption) Act – extension to Jersey		Date of Decision Summary:	21st June 2013
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	British Nationality Act 1981 (HM Armed Forces Exemption) Act – extension to Jersey		Date of Written Report:	12th June 2013
Written Report Author:	International Relations		Written Report : Public or Exempt?	Public
Subject: Extension to Jersey of the British Nationality Act 1981 (HM Armed Forces Exemption) Bill.
Decision(s): The Deputy Chief Minister decided – to lodge a Proposition to the States in accordance with Article 31 of the States of Jersey Law, in order that the States may signify their views on the extension to Jersey of the British Nationality Act 1981 (HM Armed Forces Exemption) Bill .
Reason(s) for Decision: The United Kingdom Government intends to amend the British Nationality Act 1981 to ensure compliance with the Armed Forces Covenant, so that British armed forces are not disadvantaged by military service overseas. The 1981 Act extends to the Crown Dependencies and the British Overseas Territories. The Act provides the criteria for acquiring or qualifying for British nationality. It applies to Jersey as if it was part of the United Kingdom. It is therefore proposed that the provisions of the Bill should extend to Jersey. The Customs and Immigration Department and Law Officers have indicated they are content in principle with the proposal. Article 31(1) of the States of Jersey Law 2005 states that: Duty to refer certain matters to the States (1) Where it is proposed – (a) that any provision of a draft Act of the Parliament of the United Kingdom should apply directly to Jersey; … the Chief Minister shall lodge the proposal in order that the States may signify their views on it. Accordingly, it is proposed that the Chief Minister should lodge the attached Proposition so that the States may signify their view on the matter.
Resource Implications: There will be no manpower, revenue or capital requirements arising.
Action required: International Relations to inform the Greffier of the States of the Proposition to be lodged for debate as soon as possible.
Signature:		Position: Deputy Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

British Nationality Act 1981 (HM Armed Forces Exemption) Bill: Extension to Jersey

DRAFT

STATES OF JERSEY

British Nationality Act (HM Armed Forces Exemption) Bill: extension to Jersey

Lodged au Greffe on ….. 2013 by the Chief Minister

STATES GREFFE

PROPOSITION

THE STATES are asked to decide, pursuant to Article 31(1)(a) of the States of Jersey Law 2005, whether they are of the opinion –

that the provisions of the British Nationality Act 1981 (HM Armed Forces Exemption) Bill of the United Kingdom Parliament should, when the Act comes into force, extend to Jersey as proposed in the report of the Chief Minister dated 12 June 2013.

CHIEF MINISTER

REPORT

Executive Summary

The purpose of this Proposition is to request the States to signify their view regarding extension to Jersey of the British Nationality Act 1981 (HM Armed Forces Exemption) Bill.

The intention of the Bill is to ensure compliance with the Armed Forces Covenant, so that British armed forces are not disadvantaged by military service overseas.

The Bill would amend the British Nationality Act 1981, which already extends to Jersey and to the other Crown Dependencies, as well as the United Kingdom. It is therefore proposed that the provisions of the Bill should extend to Jersey.Iin particular this would enable the Secretary of State to delegate to His Excellency the Lieutenant Governor the ability, in appropriate circumstances, to exercise in Jersey the same discretion for the purposes of naturalisation as may be exercised by the Secretary of State in the United Kingdom.

Background

The British Nationality Act 1981 includes a requirement that anyone who wishes to be naturalised as a British Citizen must be in the UK on the first day of the five year residential qualifying period for naturalisation. Currently anyone serving overseas in ‘Crown Service’ can apply for naturalisation without meeting the residence requirements. This would cover foreign personnel in the Forces. However, they must be overseas at the time they make their application and must still be in the forces. This therefore does not cover former foreign soldiers who have remained in the UK or those stationed in the UK.

The amendment proposed broadens this existing exemption so it covers those who have since left the forces and those who are in the UK.

The amendment responds to calls from the service welfare organisations (such as the Royal British Legion, Army Families’ Federation and Veterans Aid) to remedy this issue.

The provision will apply retrospectively to those currently serving who have already completed part of their 5 year residency requirement.

Advantages

The British Nationality Act 1981 includes a provision for the Secretary of State, in the case of certain of his functions under the Act, relating for example to naturalisation as British citizens, to arrange for those functions to be exercised on his or her behalf by HE the Lieutenant-Governor of Jersey.

The amendment will enable the naturalisation requirements to be applied in the same way to members or former of the armed forces in Jersey as in the United Kingdom and enable His Excellency if authorised to do so, in appropriate circumstances, to exercise the same discretion for the purposes of naturalisation in Jersey as exercised by the Secretary of State, for example with regard to former HM armed forces personnel who were overseas at the start of the 5 year residency period and may be resident in Jersey.

The measure will benefit a small group of individuals and in certain cases will make a significant difference to them – e.g. it could result in them being able to apply for citizenship some months earlier than would otherwise have been the case.

Resource implications

There are no manpower or resource implications for Jersey.

Proposal

Article 31(1) of the States of Jersey Law 2005 states that:

Duty to refer certain matters to the States

(1) Where it is proposed –

(a) that any provision of a draft Act of the Parliament of the United Kingdom should apply directly to Jersey; …

the Chief Minister shall lodge the proposal in order that the States may signify their views on it.

Accordingly, the States are being asked to signify their views on extension of the Bill to Jersey.

Manpower and resource implications

There will be no additional manpower, revenue or capital requirements arising for Jersey.

12 June 2013

DRAFT CLAUSES

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