Jersey risks passing control of its borders to the UK unless a loophole in proposed legislation is closed, a former Bailiff has said.
Deputy Sir Philip Bailhache has said that an extension of section 75 to the Nationality and Borders Act 2022 to Jersey – which is due to be debated next week – would “authorise a substantial delegation of power by the Minister to the Secretary of State and UK officials”.
Under proposals from Chief Minister Lyndon Farnham, Jersey would tighten its border checks with the introduction of a £10 Electronic Travel Authorisation scheme. Section 75 outlines the use of electronic travel authorisations phased in by the UK over the past two years.
An ETA costs £10 and permits 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 – whichever is sooner.
However, Deputy Bailhache has said the proposition, as currently worded, poses a threat to the island’s autonomy over its borders.
In an amendment, the St Clement Deputy, who has previously served as Bailiff, said: “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.”
Deputy Bailhache added that he had brought the amendment on “constitutional grounds” and that the “important factor is that the island has, and should continue to have, control over its own immigration processes”.
“This amendment would maintain constitutional proprieties and prevent the formal delegation of functions to the Secretary of State in the United Kingdom,” he said.
Earlier this year, politicians voted in favour of extending an initiative that allows French nationals to travel to Jersey for day trips using only their national identity cards.