Select committee: Justice Committee
Recommendation 11
Second Report - The constitutional relationship with the Crown Dependencies
Published 28 Mar 2024
Paragraph 46
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 ↗
Recommendation (the committee's words)
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.
From: Justice Committee, Second Report - The constitutional relationship with the Crown Dependencies (HC 30), paragraph 46, 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.