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 …
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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 we welcome the recruitment of a new grade seven official to the Crown Dependency team, the Ministry of Justice should increase staffing yet further to manage the increase in work associated with trade deals. This would also enable team officials to undertake regular work placements in Crown Dependency governments, with reciprocal arrangements in place enabling Crown Dependency officials to spend time in UK Government departments.
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Government response AI summary
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 for officials.
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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 …
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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 Ministry of Justice should prepare a programme of education, guidance and awareness-raising on the constitutional relationship in case there is a new administration. The Lord Chancellor should write to each Minister in each UK government department as soon as possible after the general election to remind them of their responsibilities towards the Crown Dependencies. (Paragraph 20) Relationship between other UK Government departments and the Crown Dependencies
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Government response AI summary
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 to remind them of their …
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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 …
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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 its existing ‘How To Notes’ to include a specific emphasis of the need for UK Government departments to take the approach to engagement that we have just outlined.
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Government response AI summary
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.
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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 …
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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 CPTPP negotiation process provides lessons for how the Crown Dependencies could be more effectively involved in negotiations in the future.
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Government response AI summary
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.
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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 …
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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 covered by services as well as goods chapters from the outset. Where this does not prove possible, extension mechanisms should routinely be sought.
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Government response AI summary
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.
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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 …
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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 made. 32 The constitutional relationship with the Crown Dependencies Therefore, we recommend that for future trade agreement negotiations the Crown Dependencies, Ministry of Justice and Department for Business and Trade should work together to identify a set of principles to guide effective engagement during the negotiation process. We recommend that they should include early and comprehensive engagement from the outset to conclusion; early sight of relevant documents; real time updates; and reasonable timeframes for provision of responses and information. During particularly time-pressured periods, we recommend that there should be officials in the room acting as a conduit for information to and from the Crown Dependencies in real time.
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Government response AI summary
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 guiding principles or placing officials …
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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 AI summary
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.
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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 …
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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 the approach its officials are taking to ensure consistency with this. Measures taken by the Crown Dependencies to comply with international obligations are not required to mirror UK legislation but should instead reflect their unique characteristics. Furthermore, the Department for Business and Trade must ensure that comprehensive feedback on compliance assessments completed by Crown Dependencies is routinely and promptly provided so that they can take steps to become compliant, if need be.
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Government response AI summary
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 on compliance assessments is routinely …
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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 …
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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 the objective of achieving a signed off letter within an ambitious timeframe. A useful first step in helping to speed things up would be to improve understanding of the process across Whitehall and, to this end, we recommend the Ministry of Justice publishes a ‘How To Note’ on entrustment, accompanied by awareness-raising training for UK Government departments on the topic. (Paragraph 60) The constitutional relationship with the Crown Dependencies 33
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Government response AI summary
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 the topic in training for …
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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 …
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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 the Government of Guernsey so that concerns can be discussed and addressed for the future. The Ministry of Justice should review its guidance on the extension of UK legislation to the Crown Dependencies with a view to ensuring that sufficient emphasis is placed on the need for ongoing consultation—or, as the Minister said, to “remain in touch”—throughout the passage of a bill and as new versions and draft clauses are published.
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Government response AI summary
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.
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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 …
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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 done in relation to the Devolved Administrations. (Paragraph 75) Conclusion: The future of the relationship
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Government response AI summary
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.
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Ministry of Justice