Source · Select Committees · Justice Committee
Second Report - The constitutional relationship with the Crown Dependencies
Justice Committee
HC 30
Published 28 March 2024
Recommendations
4
Acknowledged
Initiate secondments for DfBT and Treasury officials to Crown Dependencies before general election
Recommendation
The advent of direct engagement between Crown Dependencies and other UK Government departments is a very positive step. It underlines the importance of the Ministry of Justice’s work in raising awareness across Whitehall of the constitutional relationship. To help reinforce …
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Government Response Summary
The government believes intergovernmental placements are valuable and has established an intergovernmental placement working group in 2023 to address barriers and unlock benefits, but did not commit to specific secondments or a timeline.
Ministry of Justice
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7
Deferred
Para 30
Evaluate Cabinet Office role in facilitating urgent multi-departmental Crown Dependency engagement
Recommendation
We recommend that the UK Government consider whether the Cabinet Office could potentially have a role, alongside the Ministry of Justice, in facilitating engagement on urgent matters requiring the involvement of several UK Government departments.
Government Response Summary
The government will carefully consider developing a formal framework for the relationship with Crown Dependencies and seek their views, expressing caution about codifying it, but does not directly commit to a Cabinet Office role for urgent matters.
Ministry of Justice
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11
Accepted
Para 46
Establish principles for effective Crown Dependency engagement in future trade agreement negotiations
Recommendation
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 …
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Government Response Summary
The government notes the recommendation and states that it already has well-established processes for regular and timely consultation with the Crown Dependencies, including sharing draft negotiating texts to ensure their interests are considered. They do not commit to identifying new guiding principles or placing officials in the room as conduits.
Ministry of Justice
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12
Accepted
Para 47
Appoint designated officials to represent Crown Dependencies during international negotiations
Recommendation
Overall, we believe that the Crown Dependencies should be represented during negotiations by specifically designated officials either from the UK Government or the Crown Dependencies.
Government Response Summary
The government states that its current free trade agreement negotiation teams already include specified officials with an understanding of the Crown Dependencies' interests, who lead on territorial application and consult with CD officials, alongside established processes to ensure engagement.
Ministry of Justice
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14
Accepted
Para 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” …
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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.
Ministry of Justice
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16
Accepted
Streamline the entrustment process for international agreements by publishing MoJ guidance and training.
Recommendation
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 …
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Government Response Summary
The government accepts the recommendation, committing the Ministry of Justice to work with Crown Dependencies and across Whitehall to streamline the entrustment process, raise awareness, and provide clear guidance. Specifically, they will produce a new ‘How-To-Note’ on entrustments and include the topic in training for government departments.
Ministry of Justice
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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 …
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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.
Ministry of Justice
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18
Deferred
Para 65
Explore options with Government of Jersey to streamline Royal Assent process for legislation.
Recommendation
We are pleased to hear that the process by which Royal Assent is granted to primary legislation from Guernsey is being streamlined, similar to that which already operates for the Isle of Man, and anticipate that, once implemented, it will …
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Government Response Summary
The government provided a general statement about the Ministry of Justice's role in coordinating cross-departmental issues affecting Crown Dependencies, entirely unrelated to the recommendation about streamlining Jersey's Royal Assent process.
Ministry of Justice
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19
Accepted in Part
Para 71
Mandate consultation and consent for all future Permissive Extent Clauses impacting Crown Dependencies.
Recommendation
The inclusion of a Permissive Extent Clause (PEC) in the Fisheries Bill was extremely regrettable and contrary to the constitutional relationship. We do not agree with the Government’s assertion that it was a “legitimate act” and “soundly within the constitutional …
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Government Response Summary
The government agrees that consultation with Crown Dependencies should occur before including a Permissive Extent Clause (PEC) in legislation. However, they reject the Committee's criticism of the PEC in the Fisheries Act 2020 and maintain that PECs do not constitute legislating for Crown Dependencies, reserving the right to use them in exceptional circumstances, particularly for international obligations, without prior agreement.
Ministry of Justice
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20
Accepted
Para 74
Review Ministry of Justice guidance, emphasising ongoing consultation throughout UK legislation affecting Crown Dependencies.
Recommendation
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 …
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Government Response Summary
The government agrees on the importance of ongoing consultation and commits to updating the Ministry of Justice’s “How-To-Note” guidance to emphasize that departments must keep Crown Dependencies informed throughout the passage of a bill.
Ministry of Justice
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21
Accepted
Include consideration of UK legislation's impact on Crown Dependencies in committee scrutiny.
Recommendation
We also recommend that the Parliamentary Business and Legislation Cabinet Committee and its Chair, the Leader of the House, should include, as part of its regular scrutiny of bills before their introduction to Parliament, consideration of the extent to which …
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Government Response Summary
The government notes the recommendation and states that existing Cabinet Office guidance already requires departments to consider and consult on legislative implications for Crown Dependencies. The Ministry of Justice will re-emphasise adherence to this guidance across government.
Ministry of Justice
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22
Acknowledged
Assess Crown Dependencies' economic contribution to UK trade and strategically promote their role.
Recommendation
We wish to emphasise that the UK’s taking responsibility for its own international trade policy affords a real and very significant opportunity to make the most of the 34 The constitutional relationship with the Crown Dependencies economic relationship with the …
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Government Response Summary
The Department for Business and Trade highlights data limitations hindering a formal assessment of the Crown Dependencies' contribution, and will only *consider* whether publishing additional information in strategic approaches would support trade negotiation objectives.
Ministry of Justice
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Conclusions (10)
1
Conclusion
Rejected
Para 18
There is a very positive working relationship between the Crown Dependencies and the Ministry of Justice. Engagement has clearly improved in recent years with both planned and spontaneous contact and communications taking place much more frequently between officials, the Minister and the Lord Chancellor. More regular contact should be established …
Government Response Summary
The government rejected the recommendation for more regular, proactively offered meetings between senior Ministry of Justice officials and their Crown Dependency counterparts, stating that meeting attendance should be based on relevance and need rather than seniority.
2
Conclusion
Accepted
Para 19
The Ministry of Justice Crown Dependencies team has a substantial workload which is likely to increase in the coming years. We believe that the team is under pressure as a result and there is a risk that their work, which is currently extremely good, could suffer as a result. While …
Government Response Summary
The government has introduced an additional Grade 7 official to the Crown Dependencies team, creating two sub-teams to manage workload, but stated any further staffing increases would depend on other priorities. They will also explore the feasibility of work placements for officials.
3
Conclusion
Accepted
We believe there is a good understanding of the constitutional relationship across Whitehall as a result of the Ministry of Justice’s awareness-raising work. Nevertheless, to take account of turnover among officials and Ministers, the Ministry of Justice must ensure that these efforts are ongoing. Ahead of the general election, the …
Government Response Summary
The government is developing a comprehensive education program for civil servants on the UK's constitutional relationship with Crown Dependencies, including new resources and exploring a learning module. The Lord Chancellor will also write to Cabinet colleagues after the general election to remind them of their responsibilities.
5
Conclusion
Accepted
Para 26
Working relationships between UK Government departments and the Crown Dependencies should be underpinned by early and regular engagement and consultation. This will ensure that they can properly consider what action they may need to take and have time to follow their own democratic processes. The Ministry of Justice should update …
Government Response Summary
The government agreed that working relationships should be underpinned by early and regular engagement and consultation, and committed to reviewing and updating the Ministry of Justice's 'How-To-Notes' to reflect this emphasis.
6
Conclusion
Acknowledged
Para 28
The advent of direct engagement between the Crown Dependencies and UK Government departments raises the question of the Ministry of Justice’s role in the event of a disconnect or dispute arising between a Crown Dependency and a department. We agree with Minister Freer that the Ministry of Justice’s role is …
Government Response Summary
The government acknowledges that the Ministry of Justice normally coordinates cross-departmental issues affecting Crown Dependencies and will continue to work to ensure their interests are represented across Whitehall.
8
Conclusion
Deferred
The active consideration being given by the Lord Chancellor and Minister Freer to the framework for the relationship between the Ministry of Justice and the Crown Dependencies is welcome. The Ministry of Justice should consult the Crown Dependencies on the feasibility of formalising such a framework and what it could …
Government Response Summary
The government responded by discussing the importance of services to Crown Dependency economies and its commitment to continue seeking extension mechanisms in free trade agreements, completely sidestepping the recommendation on formalising a framework for the MoJ-CD relationship.
9
Conclusion
Accepted
Para 40
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) was unusual in that the UK was joining an existing trade agreement and had to comply with an existing text. This had implications for the negotiation process and the outcome it was possible to achieve for the Crown Dependencies. However, the …
Government Response Summary
The government notes the importance of engagement and states that the Department for Business and Trade already has well-established processes, including regular consultation with Crown Dependencies, engagement with negotiators, and routine sharing of draft UK negotiating texts.
10
Conclusion
Accepted
Para 41
We acknowledge that, given their economies and ambitions, it was a disappointing outcome for the Crown Dependencies not to be covered by the Service and Investment chapters of the CPTPP from the outset. The UK Government’s aim for all future trade agreements should be for the Crown Dependencies to be …
Government Response Summary
The government acknowledges its duty to represent Crown Dependency interests and details existing processes, including dedicated officials and a central hub within the Department for Business and Trade, to ensure their interests are considered and consulted upon during trade negotiations.
13
Conclusion
Deferred
Para 49
Representation of the interests of the Crown Dependencies in international relations is not optional, according to whether or not their interests are in line with those of the UK: it is the UK Government’s duty. In cases of conflict, the Ministry of Justice must endeavour to find a mechanism for …
Government Response Summary
The government merely acknowledged the Committee's recognition of positive direct engagement, without addressing its duty to represent Crown Dependency interests in cases of conflict or the proposal for specifically designated officials.
15
Conclusion
Deferred
Para 54
Extension mechanisms in several free trade agreements, including the CPTPP, have already been obtained by the UK Government. It is important to proceed with activating these mechanisms so that the approach can be tested and, if necessary, refined and improved. This should happen as soon as possible and the Department …
Government Response Summary
The government responded by agreeing on the importance of early and regular engagement between departments and Crown Dependencies for UK policymaking, entirely failing to address the recommendation to activate existing extension mechanisms promptly.