Source · Select Committees · Justice Committee
Recommendation 14
14
Accepted
Paragraph: 52
Review Department for Business and Trade's approach to ensure consistent compliance with international obligations.
Recommendation
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.
Government Response 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 and promptly provided through presentations and detailed written responses.
Paragraph Reference:
52
Government Response
Accepted
HM Government
Accepted
The Government welcomes the Committee’s consideration of the Crown Dependencies’ compliance with international treaty obligations. The Department for Business and Trade remains open to the Crown Dependencies demonstrating compliance with treaty obligations in any effective way. 39. Crown Dependencies may choose to mirror UK legislation or seek extension of UK legislation to become compliant with specific treaty provisions. There are also other approaches available to the Crown Dependencies including the introduction of bespoke measures through their legislatures where necessary. The Department for Business and Trade will continue to engage with the Crown Dependencies on the different approaches to obligations across UK free trade agreements. 40. The Department for Business and Trade routinely provides feedback to the Crown Dependencies having assessed the evidence of their compliance. This includes presentations from policy officials and detailed written responses which can include independent legal advice.