Extension of Section 75 (Electronic Travel Authorisations) of the Nationality and Borders Act 2022 to Jersey (P.58/2025): amendment

STATES OF JERSEY

EXTENSION OF SECTION 75 (ELECTRONIC TRAVEL AUTHORISATIONS) OF THE NATIONALITY AND BORDERS ACT 2022 TO JERSEY (P.58/2025): AMENDMENT

Lodged au Greffe on 2nd September 2025 by Deputy Sir P.M. Bailhache of St. Clement Earliest date for debate: 9th September 2025

STATES GREFFE

2025  P.58 Amd.

EXTENSION OF SECTION 75 (ELECTRONIC TRAVEL AUTHORISATIONS) OF THE NATIONALITY AND BORDERS ACT 2022 TO JERSEY (P.58/2025): AMENDMENT

____________

1  PAGE 2, PARAGRAPH (b) –

After the word "Proposition" insert the words "save that paragraph 3 of Schedule 1 and paragraphs (1) to (5) of Section 11E in Schedule 2 shall be omitted".

DEPUTY SIR P.M. BAILHACHE OF ST. CLEMENT

Note:  After this amendment, the proposition would read as follows –

THE STATES are asked to decide whether they are of opinion

1. to signify, pursuant to Article 31 of the States of Jersey Law 2005, that they agree that a request be made to His Majesty in Council for the making of an Order In Council to extend with appropriate modifications, section 75 of the Nationality and Borders Act 2022 to Jersey; and
2. to signify their agreement to the proposed Order in Council entitled "The Immigration  (Electronic  Travel  Authorisation)  (Jersey)  Order  2025  in Appendix 1 to this Proposition save that paragraph 3 of Schedule 1 and paragraphs (1) to (5) of Section 11E in Schedule 2 shall be omitted.

REPORT

1. This amendment is brought on constitutional grounds. Jersey has autonomous capacity in domestic affairs which includes the right to decide who is entitled to receive leave to enter the Island. Consequently, the Island has its own immigration law albeit that it is closely linked to the law of the United Kingdom. The same can be said of the immigration laws of Guernsey, the Isle of Man and the Republic of Ireland, all of which, together with the United Kingdom, form the Common Travel Area (CTA). Parts of the Immigration Act 1971, and other relevant UK statutes, have  accordingly  been  extended  to  Jersey  by  Order  in  Council,  modified  as necessary to take account of local policy aims and domestic law and practices.
2. The important factor is that the Island has, and should continue to have, control of its own immigration processes. The Order in Council which the Assembly is asked to approve would extend a modified version of Section 75 of the Nationality and Borders Act 2022 to Jersey. Section 75 inserts new sections into the Immigration Act 1971 to give legal effect to the Electronic Travel Authorisation scheme (the ETA). It is necessary to extend those sections to Jersey, so that the rules relating to the ETA scheme will apply to the Island. The relevant sections are Sections 11C and 11D which can be found in the modified form in which they will apply to Jersey in Schedule 2 to the draft Order in Council.
3. Section 11E is different. It is not a necessary part to the legal process for extending the ETA scheme to Jersey. It reflects a sub-section of the Nationality and Borders Act 2022 which provides that "The Secretary of State may, when requested to do so by any of the Islands, carry out functions on behalf of that island in relation to the authorisations in electronic form to travel to that island". It is not known whether  that  sub-section  was  inserted  in  the  UK  Act  at  the  request  of  the Government of Jersey, or not. Be that as it may, Section 11E sets out a procedure whereby the Minister may "request the Secretary of State to carry out any function in relation to the granting of ETAs conferred on the Minister or any other person". This would authorise a substantial delegation of power by the Minister to the Secretary of State and UK officials. Indeed, the whole ETA process, including exemptions from the electronic authorisation, could be assigned to UK officials. Bearing in mind the reservations that exist on the part of the UK in relation to the arrangements to allow French citizens to enter Jersey on production of an Identity Card, that does not seem wise, even if the relevant exemption is currently to be found in the Immigration Rules made by the Minister.
4. It does not appear to be necessary to contemplate this delegation of power to enable the ETA scheme to work smoothly. The Legislation Advisory Panel was told at a presentation by Immigration Department officials that one or more Memoranda of Understanding would be drawn up to enable some aspects of the process to be dealt with in the UK and some parts in Jersey. That all seems very sensible. It does not, however, require a wholesale formal delegation of power from one Government to another in the context of the ETA process. Many administrative arrangements to ensure  that  inter-governmental  processes  work  smoothly  are  set  up  by Memorandum of Understanding or other informal agreement. They do not require a statutory base.
5. The purpose of this amendment is therefore to omit Section 11E from the Order in Council. This would not affect the operation of the ETA scheme in Jersey. The

Page - 3

P.58/2025 Amd.

ETA scheme is bought into force by Sections 11C and 11D. This amendment would maintain constitutional proprieties and prevent the formal delegation of functions to the Secretary of State in the United Kingdom.

Financial and staffing implications

There are no financial or staffing implications.

Children's Rights Impact Assessment

I consider that this Amendment does not have a direct or indirect impact on children and that the duty to have due regard to the Convention on the Rights of the Child does not therefore arise. No Children's Rights Impact Assessment has accordingly been prepared.