Select committee: Justice Committee
Recommendation 20
Second Report - The constitutional relationship with the Crown Dependencies
Published 28 Mar 2024
Paragraph 74
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 note the concerns raised in the evidence about the extent of the Home Office’s consultation with the Government of Guernsey on the Illegal Migration Bill. The Ministry of Justice’s Crown Dependency team should initiate a dialogue as soon as possible between the relevant officials in the Home Office and the Government of Guernsey so that concerns can be discussed and addressed for the future. The Ministry of Justice should review its guidance on the extension of UK legislation to the Crown Dependencies with a view to ensuring that sufficient emphasis is placed on the need for ongoing consultation—or, as the Minister said, to “remain in touch”—throughout the passage of a bill and as new versions and draft clauses are published.
From: Justice Committee, Second Report - The constitutional relationship with the Crown Dependencies (HC 30), paragraph 74, 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.