Leave to Enter (EEA and Swiss Nationals) Directions 2019

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 10 April 2019:

MINISTERIAL DECISION REFERENCE: MD-HA-2019-0047
Decision Date: 9th April 2019
DECISION SUMMARY TITLE: Leave to Enter (EEA and Swiss Nationals) Directions
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: Leave to Enter (EEA and Swiss Nationals) Directions
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)		Public
DECISION AND REASON FOR THE DECISION: The Minister for Home Affairs decided to make the Leave to Enter (EEA and Swiss Nationals) Directions 2019 (“the Directions”). The Directions are needed, so as to make the same provision in Jersey as Part 2, Chapter 1, of the Immigration (European Economic Area Nationals) (EU Exit) Order 2019 (“the 2019 Order”) has made in the UK concerning EEA and Swiss nationals, and their having automatic leave to enter the UK once free movement has ended. Under Paragraph 3(1), EEA and Swiss nationals will automatically be given leave to enter Jersey. Under paragraph 6, EEA and Swiss nationals will automatically be given leave to enter Jersey for 3 months. Under paragraph 4, this automatic leave to enter Jersey is subject to certain exceptions. The Directions will come into force when the UK Immigration (European Economic Area) Regulations 2016 are revoked.
RESOURCE IMPLICATIONS: There are no financial or manpower implications arising from this decision.
ACTION REQUIRED: The Minister to sign the Directions; and the Leave to Enter (EEA and Swiss Nationals) Directions 2019 to be made available on gov.je once they have come into force.
SIGNATURE:			POSITION: Connétable Len Norman Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION:

Leave to Enter (EEA and Swiss Nationals) Directions 2019

LEAVE TO ENTER (EEA AND SWISS NATIONALS) DIRECTIONS 2019

Further draft Directions are required to make the same provision in Jersey that Part 2, Chapter 1, of the Immigration (European Economic Area Nationals) (EU Exit) Order 2019 (“the 2019 Order”) has made in the UK concerning EEA and Swiss nationals, and their having automatic leave to enter the UK once free movement has ended. Simply put, if the arrival of day-trippers from St. Malo is not to cause massive queues at the Harbour once free movement has ended, EEA/Swiss nationals need to be able to pass through immigration with no more let or hindrance than at present. The draft Directions are intended to achieve that objective.

Background

Free movement, which exists by virtue of s. 7 of the Immigration Act 1988, will not end until the provisions in the Immigration and Social Security Co-ordination (EU Withdrawal) Bill concerning s. 7 become law.

Therefore, even if the UK were to leave the EU by the end of this week, the 2019 Order would still only come into force after the Bill had received Royal Assent and the UK Immigration (European Economic Area) Regulations 2016 – which currently implement free movement in UK law – had been revoked (hence this part of the 2019 Order has been expressed not to come into force until the 2016 Regulations have been revoked). Even without the present uncertainty surrounding the UK government’s negotiations with the EU, several weeks if not months have yet to pass before the 2016 Regulations will have been revoked.

Of course if and when free movement does end, EEA nationals will require leave to enter in the same way as nationals of any other country. The purpose the 2019 Order in this respect is to provide that EEA nationals/Swiss will automatically be given leave to enter the UK for three months after free movement ends.

The draft Directions would make exactly the same provision as regards leave to enter Jersey viz –

paragraph 3(1): “A person to whom this paragraph applies has leave to enter Jersey.” and
paragraph 6: “Leave by virtue of paragraph 3 is given for a period of three months.”

There are exceptions to this right of automatic leave to enter, obviously. Paragraph 4 of the draft Directions excludes persons subject deportation or exclusion orders, and the like.

Whilst the need for the Minister to issue the attached Directions is not immediate, it may be thought desirable to do so now, in order that Jersey is seen to be fully prepared (along with the UK) for handling arrivals efficiently once free movement ends. The draft Directions are expressed to come into force when the UK Regulations [as defined] are revoked. In other words they would be triggered when the UK counterpart is triggered by the revocation of the Immigration (European Economic Area) Regulations 2016 in the UK (i.e. the moment at which free movement ends).