Committee for Home Affairs - P.2016/56
The States are asked to decide:-
Whether, after consideration of 'The Population Management (Guernsey) Law, 2016 Proposals to Regulate the Residential Status of Individuals in Specific Circumstances' dated 17 October 2016, they are of the opinion:-
1. To agree to treat any period during which a minor is accommodated under a fostering arrangement in Guernsey in accordance with the provisions of the Children (Guernsey and Alderney) Law, 2008, as ordinary residence in Guernsey;
2. To agree to treat any period of residence during which a minor is accommodated under a pre-adoptive arrangement in Guernsey in accordance with the provisions of the Children (Guernsey and Alderney) Law, 2008, as ordinary residence in Guernsey;
3. To agree to treat a minor being accommodated in a fostering or pre-adoptive arrangement in Guernsey in accordance with the provisions of the Children (Guernsey and Alderney) Law, 2008, as being lawfully accommodated by the householder without the need to hold a Discretionary Resident Permit for the duration of that arrangement;
4. To agree to treat any period of time spent by a minor in a fostering or pre-adoptive arrangement outside Guernsey in accordance with the provisions of the Children (Guernsey and Alderney) Law, 2008, as ordinary residence in Guernsey;
5. To agree that students from the other islands of the Bailiwick being accommodated in accordance with the term-time host scheme coordinated by the Committee for Health and Social Care's Children & Family Community Services, remain ordinarily resident elsewhere than in Guernsey during the period over which they are being educated in Guernsey;
6. To agree that students from the other islands of the Bailiwick being accommodated in accordance with the term-time host scheme operated by the Committee for Health and Social Care's Children & Family Community Services are lawfully accommodated by the householder without the need to hold a Discretionary Resident Permit for the duration of that arrangement;
7. To agree to treat a period of time spent receiving treatment/care elsewhere than in Guernsey as ordinary residence in Guernsey so long as the person concerned:
i. was ordinarily resident in Guernsey immediately prior to the commencement of that treatment/care; and
ii.can demonstrate that, were it not for their need for treatment/care, they could reasonably expect to be ordinarily resident in Guernsey;
8. To agree that (subject to Recommendation 9) time spent in prison in Guernsey (or elsewhere at the behest of a court in Guernsey), either on remand or as the result of a custodial sentence, should be:
i. treated as lawful residence in Guernsey without the person concerned being required to hold a Certificate or Permit;
ii. removed from a person's overall qualification period (so that the impact of the period of remand or imprisonment insofar as a person's ability to gain residential qualifications is concerned, is entirely neutral), and
9. To agree that, where a person is detained on remand in circumstances that do not lead to a conviction, the Administrator should be required to ask him to elect on his release whether the time during which he was detained on remand should be treated as ordinary residence, or deemed to be time away from Guernsey; and if no such election is made, the Administrator should treat the person's period on remand, for the purposes of the Law, in such a way as appears to the Administrator to be most advantageous to that person; and
10. To direct the preparation of one or more Ordinances in accordance with the provisions of sections 78(9) and (10) of the Population Management (Guernsey) Law, 2016, to give effect to Recommendations 1 - 9 above, including any necessary consequential and incidental provision.
The above Propositions have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1) of the Rules of Procedure of the States of Deliberation and their Committees.
