Select committee: Justice Committee
Recommendation 16
Second Report - The constitutional relationship with the Crown Dependencies
Published 28 Mar 2024
Paragraph 60
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)
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.
From: Justice Committee, Second Report - The constitutional relationship with the Crown Dependencies (HC 30), paragraph 60, 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.