Select committee: Justice Committee
Conclusion 3
Second Report - The constitutional relationship with the Crown Dependencies
Published 28 Mar 2024
Paragraph 20
Addressed to Ministry of Justice
Justice Committee The constitutional relationship with the Crown Dependencies All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Conclusion (the committee's words)
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.
From: Justice Committee, Second Report - The constitutional relationship with the Crown Dependencies (HC 30), paragraph 20, 28 March 2024
Government response
The government responded to the whole report on 19 December 2024 (deadline 28 May 2024).
Summary written by Accountability Index from the government's response. It is not the government's own words.The government agrees with the Committee that the relationship with the Crown Dependencies "remains strong and valuable" and responds to each of its recommendations in turn, with agreement on some, notes on others and disagreement on the Permissive Extent Clause in the Fisheries Act 2020.
- On senior contact, the government "notes" the recommendation that the Permanent Secretary meet her counterparts twice a year, but does not think seniority "should be the decisive factor"; meetings should occur "as needed".
- On a formal framework, the government says codifying the relationship "could risk undermining the flexibility and adaptability" that has benefited it, but the Ministry of Justice "will carefully consider" a framework and seek the Crown Dependencies' views.
- On the Permissive Extent Clause in the Fisheries Act 2020, the government "do[es] not agree" it was contrary to the constitutional relationship, while agreeing it should consult the Crown Dependencies in advance of including a PEC in legislation that may affect them.
- The government "accepts" the recommendation for a new How-To-Note on entrustments, and will review its guidance on extending UK legislation and emphasise the need for early and ongoing consultation.