Passports (False Statements and Forgery) (Jersey) Law 201-: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 March 2014:

Decision Reference: MD-HA-2014-0019
Decision Summary Title :	Amendments to draft Passports (False Statements and Forgery) (Jersey) Law 201-		Date of Decision Summary:	25 March 2014
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 :	Passports (False Statements and Forgery) (Jersey) Law 201- Amendments to draft Law		Date of Written Report:	24 March 2014
Written Report Author:	Executive Officer Home Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Law drafting request - Amendments to draft Passports (False Statements and Forgery) (Jersey) Law 201-.
Decision(s): The Minister decided to request the Assistant Law Draftsman to draft some amendments to the Amendments to draft Passports (False Statements and Forgery) (Jersey) Law 201- as set out in the attached law drafting instructions.
Reason(s) for Decision: At a public scrutiny hearing on 24 March 2014, the Minister agreed to make some changes to the draft Law.
Resource Implications: Nil.
Action required: The Executive Officer, Home Affairs, to forward the law drafting request to the Assistant Law Draftsman.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Passports (False Statements and Forgery) (Jersey) Law 201-: Amendments

Passports (False Statements and Forgery) (Jersey) Law 201-

Amendments to the draft Law

The Passports (False Statements and Forgery) (Jersey) Law 201- had been lodged for debate by the States on 1 April 2014 as P.14/2014. On 24 March 2014 the Minister attended a Public Hearing with the Education and Home Affairs Scrutiny Panel and as a result of that hearing would like to make a number of amendments to the draft Law.

On the basis that an amendment to a Proposition that has a 6 week lodging period has to be lodged for 2 weeks, the Greffe will be requested to move P.14/2014 from the Order Paper for 1 April to the next sitting on 29 April.

The amendments required are as follows:

Article 1 – Interpretation

Please remove the definition of police officer from this Article. ‘Police officer’ is defined in the Schedule to the Interpretation (Jersey) Law 1954 as meaning a member of the Honorary Police or a member of the States of Jersey Police Force. It is intended that any police officer, whether Honorary or States of Jersey Police will have powers under the Law.

Please remove the definition of “senior officer” from Article 6(5) of the draft Law and include it in Article 1.

Article 2 – Offence of false application for a passport

It is intended that the Law should not only apply to the person who is applying for a passport, but also to any person who makes a false or misleading statement in relation to the application. This would include, for example, the countersignatory.

Article 2(2) refers to ‘the person’, which is taken to mean the applicant. We feel that if this were to be altered to read ‘any person’, this could have the desired effect.

We would also like to remove the words ‘or recklessly’ from paragraphs (2)(a) and (2)(c). The rationale for this is to protect somebody who is asked to be a countersignatory for a passport application and although they have known the person for the requisite amount of time in order to act as the countersignatory, they don’t know the person particularly well but have taken what the applicant has said at face value.

Please note that we are happy for the words ‘or recklessly’ to remain within Article 3(1)(b) and 3(1)(c).

Article 6 – Entry and search without warrant: powers of immigration officer

As detailed in the amendment to Article 1, above, please remove the definition of ‘senior officer’ from this Article and place it in Article 1.

Executive Officer

Home Affairs

24 March 2014