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States Greffe: Scrutiny

Lisa Springate Chair Institute of Directors, Jersey

By Email

21st January 2021

Dear Ms. Springate,

Migration and Population Review Panel

Review of Migration Control Policy (Phase 1)

The Migration and Population Review Panel is reviewing the Government of Jersey’s proposed changes to the Island’s Migration Control Policy (P.137/2020). The first phase of this review will focus on the proposed amendments to the Control of Housing and Work (Jersey) Law 2012 against the findings of the Migration Policy Development Board and the 2019 review of Population and Migration undertaken by the Corporate Services Scrutiny Panel.

The Proposition asks the States to decide whether they are of opinion

a. that action should be taken to provide more responsive controls in the number of migrants who acquire the right to settle permanently in Jersey and to remove the automatic ‘graduation’ for one Control of Housing and Work permission to another.

b. that the Chief Minister bring forward amendments to the States of Jersey Law 2005 to require the Council of Ministers to develop a common policy on population.

c. that the Chief Minister bring forward amendments to the Control of Housing and Work (Jersey) Law 2012 which:

i. introduce a 9-month CHWL permission that does not lead to permanent residential status. ii. introduce a 4-year CHWL permission that does not lead to permanent residential status. iii. introduce a 10-year CHWL permission that may lead to permanent residential status. iv. introduce a long-term CHWL permission that does provide permanent residential status. v. introduce enhanced identity requirements for all CHWL cards issued to new residents. vi. establish an independent, statutory, expert panel to research and advise on population matters; and vii. provide for a Committee of States Members to determine applications under the CHW law that fall outside formal guidelines.

We are currently gathering evidence relating to our phase 1 review on the proposed amendments to the Control of Housing and Work (Jersey) Law 2012 which is highlighted above, and I am writing to invite you to make a written submission. We would particularly like to hear your views on the following:

• Whether you agree with the rationale underpinning the proposed amendments to the Control of Housing and Work (Jersey) Law 2012; • Whether you believe the proposed amendments are fair and equitable; • Whether you believe that the proposed amendments will succeed in structuring migration in Jersey against clear strategic priorities; • Whether you agree with these priorities; and • What key concerns you may have regarding the proposed amendments.

If you are interested in providing a written submission, we would be grateful to receive a response by Wednesday 3rd February 2021. Whilst I understand that this is an unnaturally short timeframe, it is necessary that we complete phase 1 of our review in time for the States Assembly to debate these proposed amendments on Tuesday 2 March 2021.

If you would like to make a submission, please email our Panel Officer at [email protected], or use our online feedback form.

I have attached a copy of the Panel’s Terms of Reference for your information. We would value your participation and look forward to receiving your contribution.

Yours sincerely

Senator Steve Pallett Chair, Migration and Population Review Panel

Appendix 1 – Terms of Reference

Migration and Population Review Panel

P.137/2020 Migration Control Policy Review - Phase 1

Terms of Reference

The Phase 1* review by the Review Panel will provide a high-level assessment of P.137/2020 - Migration Control Policy (Part C) which specifically relate to the proposed amendments to the Control of Housing and Work (Jersey) Law 2012. The Panel will:

1. Examine the rationale underpinning the proposed amendments to the Control of Housing and Work (Jersey) Law 2012.

2. Assess if the proposed amendments to the Control of Housing and Work (Jersey) Law 2012 succeed in structuring migration in Jersey against clear strategic priorities.

3. Evaluate if the proposed amendments to the Control of Housing and Work (Jersey) Law 2012 are fair and equitable. (*Phase 1 correlates to the timeline associated with P137/2020. Subsequent phases will invariably be guided by the timeframes for Government action on the separate parts of the Proposition. This enables the Review Panel to examine the detail of each part through targeted reviews.)