Source · Select Committees · Justice Committee
Recommendation 17
17
Acknowledged
Extend general entrustments to Crown Dependencies for broader international agreement types.
Recommendation
In line with another of our predecessors’ conclusions, we strongly support the increased use of Letters of Entrustment so that Crown Dependencies can enter into their own international agreements and further develop their international personalities. In particular, we recommend the extension of general entrustments to other types of international agreements. We understand that there are legal complexities in doing so but are not persuaded that they are significant enough to act as a barrier to issuing further general entrustments, especially when there are already two in existence. (Paragraph 61) Legislation
Government Response Summary
The government notes the recommendation and will continue to consider the use of general entrustments on a case-by-case basis, balancing flexibility for Crown Dependencies with UK responsibilities and ongoing complexities, maintaining dialogue on the issue.
Government Response
Acknowledged
HM Government
Acknowledged
48. The Government notes the Committee’s recommendation. General entrustments are those that authorise the Crown Dependencies to negotiate and conclude multiple agreements in certain specified categories, and with specified organisations or countries. Individual entrustments are those that authorise the Crown Dependencies to negotiate and conclude a specific one-off agreement with a specified organisation or country. 49. We recognise that general entrustments can provide greater flexibility and autonomy for the Crown Dependencies to pursue their own interests on the international stage, as demonstrated by the existing general entrustments for certain tax agreements. However, we must balance this with consideration of the UK’s responsibilities for the international relations of the Crown Dependencies, and for the Crown Dependencies’ compliance with those of the UK’s international legal obligations that have been extended to them. We are also mindful that entrustments are a complex and sensitive matter that involve consultation and coordination with relevant Government departments, depending on the policy area, and require consideration of potential implications for the UK. 50. We will continue to consider the use of general entrustments on a case-by-case basis, taking into account the needs of the Crown Dependencies as well as the wider context and impact of each proposal. The Ministry of Justice will maintain dialogue with the Crown Dependencies on this issue as part of its engagement on entrustment matters.