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Potential Alteration in Law May Relinquish Jersey's Authority over Border Management

Jersey potentially surrenders border control authority to the UK unless a loophole in the proposed Nationality and Borders Act extension is addressed, asserts former Bailiff Sir Philip Bailhache. The this loophole is set to be discussed next week.

Potential alteration in law might lead to Jersey relinquishing border authority
Potential alteration in law might lead to Jersey relinquishing border authority

Potential Alteration in Law May Relinquish Jersey's Authority over Border Management

Jersey, the largest of the Channel Islands, is set to debate an amendment next week that aims to maintain control over its borders and immigration processes. The proposed amendment is in response to concerns that Jersey may lose control due to an extension of Section 75 of the Nationality and Borders Act 2022.

The amendment, suggested by Deputy Bailhache, seeks to prevent the formal delegation of functions related to immigration to the UK's Secretary of State. This move is driven by the need for Jersey to maintain control over its own immigration processes, ensuring constitutional propriety.

The current proposition, however, has raised concerns among some, including the former Bailiff of Jersey, Deputy Sir Philip Bailhache, who fears Jersey may lose its autonomy over its borders. Deputy Bailhache believes the amendment's current wording could potentially delegate the entire ETA process, including exemptions, to UK officials.

The ETA scheme, costing £10, allows multiple visits to the Common Travel Area for stays of up to six months at a time, over two years, or until the holder's passport expires. The amendment addresses the reservations of the UK regarding the arrangements for French citizens entering Jersey with national identity cards.

The amendment also aims to ensure that the ETA process, including exemptions, remains within Jersey's control. It is important to note that the search results do not provide information about who will introduce the amendment to prevent the delegation of functions to the Secretary of State in the UK.

Chief Minister, Lyndon Farnham, has proposed tightening border checks with an ETA scheme, but the debate surrounding the amendment underscores the complexities and sensitivities involved in maintaining control over borders and immigration processes. The outcome of the debate next week will be closely watched as it could shape Jersey's future in these areas.

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