Repeal of Article 4(4) and the Second Schedule of the Customs and Excise (Jersey) Law, 1999.

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A decision made (20/12/2006) regarding Repeal of Article 4 (4) and the Second Schedule of the Customs and Excise (Jersey) Law, 1999.

Subject:	Repeal of Article 4 (4) and the Second Schedule of the Customs and Excise (Jersey) Law, 1999
Decision Reference:	MD-HA-2006-0082		Exempt clause(s):	Non Exempt
Type of Report: (oral or written)			Person Giving Report (if oral):
Telephone or e-mail Meeting?			Report File ref:
Written report – Title	Repeal of Article 4(4) and the Second Schedule of the Customs and Excise (Jersey) Law, 1999.
Written report – Author (name and job title)	Steven Le Marquand, Director, Customs Enforcement
Decision(s): The Minister agreed to repeal the requirement for all officers appointed to the Customs and Immigration Service to have to take an oath before the Royal Court.
Reason(s) for decision: In 2004 the Policy and Resources Committee initiated a review of departmental legislation/regulations. The team appointed to undertake the review for the Customs and Immigration Service recommended that there should not be a need for officers to swear an oath before the Royal Court as per Article (4) of the Customs and Excise (Jersey) Law, 1999. The Customs and Immigration management team supported this recommendation. The repeal of the Second Schedule of the law which relates to Oaths of Office follows from the repeal of Article 4(4), to which it refers.
Action required: Director, Customs Enforcement to liaise with the Law Draftsman’s Office and arrange for the drafting of the legislation to repeal the relevant article/schedule.
Signature: (Minister/ Assistant Minister)		Date of Decision: 20 December 2006

Repeal of Article 4(4) and the Second Schedule of the Customs and Excise (Jersey) Law, 1999.

Customs & Immigration Service

Repeal of Article 4 (4) and the Second Schedule of the Customs and Excise ( Jersey ) Law, 1999

Introduction

This paper relates to the former Policy and Resources Committee proposition (P134/2004) which proposed that each committee undertake an audit of legislation for which it had responsibility with a view to reducing the burden of legislation.

Background

Under Proposition 134/2004 it was proposed that each Committee would establish a small working group comprising one or more officers from the relevant department plus two other people who would represent the general public.

In the case of the Customs and Immigration Service this team consisted of Ed Sallis, Principal, Highlands College, Jim Rigby, Centenier in St. Saviour, John Noel, Director, Immigration and Nationality and Steven Le Marquand, Director, Customs Enforcement. All the legislation in relation to Customs and Immigration was reviewed.

Article 4(4) states that “Every officer appointed under this article shall, before the officer begins to act in execution of this Law, take oath before the Royal Court in the form set out in Schedule 2 appropriate to the office to which the officer has been appointed”.

At this stage, the role of the Customs Officer was very much related to the collection of duties and other prohibitions such as drugs were never encountered. The purpose of swearing an oath was to ensure Officers did not compromise their position by becoming involved in related trade. As the emphasis has changed to more of an enforcement role, Officers must sign the Official Secrets Law and cannot be involved in any other employment without the approval of the Agent of Impots. The need for swearing an oath has been removed.

As a consequence of this review it was recommended by the group that there should no longer be a need for officers to swear an oath before the Royal Court as per Article 4 (4) of the Customs and Excise (Jersey) Law, 1999.

It followed that if this article were to be repealed then the Second Schedule of the legislation which relates to Oaths of officers would also require repealing.

At a subsequent Customs and Immigration management team meeting support for this recommendation was approved.

Recommendation

It is recommended that the Director, Customs, Enforcement is requested to liaise with the Law Draftsman and arrange for the relevant article/schedule to be repealed.

Steven Le Marquand

Director, Customs Enforcement

27th October 2006