Recommendations & Conclusions
11 items
2
Conclusion
Second Report - The constitutional rela…
Accepted
The Ministry of Justice Crown Dependencies team has a substantial workload which is likely to increase in the coming years. We believe that the team is under pressure as a result and there is a risk that their work, which is currently extremely good, could suffer as a result. While …
Government response. The government has introduced an additional Grade 7 official to the Crown Dependencies team, creating two sub-teams to manage workload, but stated any further staffing increases would depend on other priorities. They will also explore the feasibility of work placements …
Ministry of Justice
3
Conclusion
Second Report - The constitutional rela…
Accepted
We believe there is a good understanding of the constitutional relationship across Whitehall as a result of the Ministry of Justice’s awareness-raising work. Nevertheless, to take account of turnover among officials and Ministers, the Ministry of Justice must ensure that these efforts are ongoing. Ahead of the general election, the …
Government response. The government is developing a comprehensive education program for civil servants on the UK's constitutional relationship with Crown Dependencies, including new resources and exploring a learning module. The Lord Chancellor will also write to Cabinet colleagues after the general election …
Ministry of Justice
5
Conclusion
Second Report - The constitutional rela…
Accepted
Working relationships between UK Government departments and the Crown Dependencies should be underpinned by early and regular engagement and consultation. This will ensure that they can properly consider what action they may need to take and have time to follow their own democratic processes. The Ministry of Justice should update …
Government response. The government agreed that working relationships should be underpinned by early and regular engagement and consultation, and committed to reviewing and updating the Ministry of Justice's 'How-To-Notes' to reflect this emphasis.
Ministry of Justice
9
Conclusion
Second Report - The constitutional rela…
Accepted
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) was unusual in that the UK was joining an existing trade agreement and had to comply with an existing text. This had implications for the negotiation process and the outcome it was possible to achieve for the Crown Dependencies. However, the …
Government response. The government notes the importance of engagement and states that the Department for Business and Trade already has well-established processes, including regular consultation with Crown Dependencies, engagement with negotiators, and routine sharing of draft UK negotiating texts.
Ministry of Justice
10
Conclusion
Second Report - The constitutional rela…
Accepted
We acknowledge that, given their economies and ambitions, it was a disappointing outcome for the Crown Dependencies not to be covered by the Service and Investment chapters of the CPTPP from the outset. The UK Government’s aim for all future trade agreements should be for the Crown Dependencies to be …
Government response. The government acknowledges its duty to represent Crown Dependency interests and details existing processes, including dedicated officials and a central hub within the Department for Business and Trade, to ensure their interests are considered and consulted upon during trade negotiations.
Ministry of Justice
11
Recommendation
Second Report - The constitutional rela…
Accepted
We are very conscious that trade negotiations are complex, often extremely fast paced and, as Minister Hands pointed out, require the Department for Business and Trade to operate “in a corridor of what is deliverable and negotiable”. Nonetheless, improvements to the process for the Crown Dependencies can and should be …
Government response. The government notes the recommendation and states that it already has well-established processes for regular and timely consultation with the Crown Dependencies, including sharing draft negotiating texts to ensure their interests are considered. They do not commit to identifying new …
Ministry of Justice
12
Recommendation
Second Report - The constitutional rela…
Accepted
Overall, we believe that the Crown Dependencies should be represented during negotiations by specifically designated officials either from the UK Government or the Crown Dependencies.
Government response. The government states that its current free trade agreement negotiation teams already include specified officials with an understanding of the Crown Dependencies' interests, who lead on territorial application and consult with CD officials, alongside established processes to ensure engagement.
Ministry of Justice
14
Recommendation
Second Report - The constitutional rela…
Accepted
The Department for Business and Trade’s approach to the Crown Dependencies’ compliance with international obligations appears to be different at Ministerial and at official level. The position outlined by Minister Hands that “they must be compliant with the international treaty” is correct. The Department for Business and Trade should review …
Government response. The government states that the Department for Business and Trade is open to Crown Dependencies demonstrating compliance in any effective way, not necessarily mirroring UK legislation, and will continue to engage on different approaches. They also state that comprehensive feedback …
Ministry of Justice
16
Recommendation
Second Report - The constitutional rela…
Accepted
Aware that time is often of the essence when negotiating international agreements, we recommend that the Ministry of Justice and the Crown Dependencies work together to identify how the entrustment process could be streamlined, speeded up and improved, and adapt their ways of working where necessary to achieve this, with …
Government response. The government accepts the recommendation, committing the Ministry of Justice to work with Crown Dependencies and across Whitehall to streamline the entrustment process, raise awareness, and provide clear guidance. Specifically, they will produce a new ‘How-To-Note’ on entrustments and include …
Ministry of Justice
20
Recommendation
Second Report - The constitutional rela…
Accepted
We note the concerns raised in the evidence about the extent of the Home Office’s consultation with the Government of Guernsey on the Illegal Migration Bill. The Ministry of Justice’s Crown Dependency team should initiate a dialogue as soon as possible between the relevant officials in the Home Office and …
Government response. The government agrees on the importance of ongoing consultation and commits to updating the Ministry of Justice’s “How-To-Note” guidance to emphasize that departments must keep Crown Dependencies informed throughout the passage of a bill.
Ministry of Justice
21
Recommendation
Second Report - The constitutional rela…
Accepted
We also recommend that the Parliamentary Business and Legislation Cabinet Committee and its Chair, the Leader of the House, should include, as part of its regular scrutiny of bills before their introduction to Parliament, consideration of the extent to which UK legislation would impact the Crown Dependencies, as is already …
Government response. The government notes the recommendation and states that existing Cabinet Office guidance already requires departments to consider and consult on legislative implications for Crown Dependencies. The Ministry of Justice will re-emphasise adherence to this guidance across government.
Ministry of Justice