Written Evidence from the Ministry of Justice
Executive Summary
1. The Ministry of Justice is responsible for managing the constitutional relationship with the Crown Dependencies. All UK Government Departments have a responsibility to engage directly with the Crown Dependencies on their policy areas.
2. It is for the Crown Dependencies to provide their perspective on the opportunities and challenges posed by the UK leaving the EU. The UK Government has committed to ensure that the Crown Dependencies are kept informed and offered the opportunity to contribute where it is relevant and appropriate to do so.
3. The referendum result has not changed the constitutional relationship between the United Kingdom and the Crown Dependencies. Protocol 3, which sets out the Crown Dependencies’ relationship with the European Union, will fall away when the UK exits the EU.
4. The Crown Dependencies policy team at the Ministry of Justice maintains regular contact with each jurisdiction on a range of policy and constitutional issues.
5. The first in a series of quarterly meetings at Ministerial level between the Crown Dependencies and Department for Exiting the EU has taken place. In addition, a range of meetings between different UK Government Departments and Crown Dependency officials is under way to explore in more detail the policy areas affected by EU exit where the Crown Dependencies have a direct interest.
Introduction
6. The Crown, acting through the Privy Council, is ultimately responsible for the good government of the Crown Dependencies. The Lord Chancellor is the Privy Counsellor with primary responsibility for the Crown Dependencies.
7. The Ministry of Justice is responsible for managing the constitutional relationship with the Crown Dependencies, which involves a variety of different responsibilities including involvement in key Crown Appointments and processing Crown Dependency legislation for Royal Assent. However, all UK Government Departments have a responsibility to engage directly with the Crown Dependencies on their policy areas. This is outlined in the Justice Select Committee’s Report ‘Crown Dependencies: developments since 2010’, which was published in 2014.
What opportunities and risks does Brexit create for the Crown Dependencies, and from the perspective of the Dependencies what should the UK Government prioritise in its negotiations with the EU over its terms of exit?
8. We welcome the analysis produced to date by the Crown Dependencies on the implications for them of UK’s withdrawal from the EU. Whilst it is for the Crown Dependencies to provide their perspective on the opportunities and challenges posed by the UK leaving the EU, the UK Government has committed to ensure that the Crown Dependencies are kept informed and offered the opportunity to contribute where it is relevant and appropriate to do so.
How will the constitutional position of the Crown Dependencies be affected by the UK’s departure from the EU?
9. The referendum result has not changed the constitutional relationship between the United Kingdom and the Crown Dependencies, which includes a United Kingdom Government responsibility to represent the Crown Dependencies internationally.
10. The Crown Dependencies’ relationship with the European Union is set out under Protocol 3 to the UK’s Treaty of Accession to the European Community. Should the UK trigger Article 50 of the Lisbon Treaty, Protocol 3 will fall away at the conclusion of the subsequent negotiations.
11. Under Protocol 3 the Crown Dependencies are part of the customs territory of the Union and therefore Union customs matters, the common customs tariff, levies, quantitative restrictions and any measures having equivalent effect apply. There is free movement of agricultural goods and derived products between the Islands and the Union. Also included are measures relating to the trade in agricultural goods and derived products with third countries.
12. However, other EU rules do not apply to the Crown Dependencies. Implementation of the provisions on the free movement of persons, services and capital is therefore not required, and the Islands are not eligible for assistance from the structural funds or under the support measures for agricultural markets. EU tax instruments do not apply, nor do the developing justice and home affairs initiatives or the Schengen acquis, although the Islands support improved judicial co-operation within Europe and have also voluntarily applied for recognised equivalent status in a number of key law and policy areas.
13. In 2007-2008, the then-Secretary of State for Constitutional Affairs signed agreements with the Chief Ministers of each of the Crown Dependencies stating that the UK would not act internationally on their behalf without prior consultation. These agreements recognised that in international matters, particularly in relation to the EU, UK and Crown Dependency interests may differ (and that the UK will seek to represent any differing interests when acting in an international capacity). These agreements should not however be mistaken for guarantees that the UK will always be in a position to represent Crown Dependency views internationally where those views diverge from the UK’s own interests. Please see the factsheet at Annex A for more information on the constitutional relationship between the UK and the Crown Dependencies.
How effectively is the UK Government, and particularly the Ministry of Justice, engaging with the Crown Dependencies on Brexit?
14. The Prime Minister has confirmed that as the UK Government prepares for a new negotiation with the EU it will engage the Crown Dependency Governments and will seek to ensure their interests are taken properly into account.
15. Sir Oliver Heald, Minister of State in the Ministry of Justice, is responsible for the conduct of Islands' business within Whitehall. Mr Robin Walker, Parliamentary Under Secretary of State at the Department for Exiting the European Union, has responsibility within his department for ensuring that the interests of the Crown Dependencies are understood and taken into account.
16. The Crown Dependencies policy team at the Ministry of Justice has day to day responsibility for managing the UK’s relationship with the Crown Dependencies and the team maintains regular contact with each jurisdiction on a range of policy and constitutional issues.
17. The first formal meeting between the Crown Dependencies and Mr Walker took place on 2 November, and was attended by the Chief Ministers of Jersey, Guernsey and the Isle of Man taking part. It was agreed the meeting would be first of quarterly ministerial engagements to understand the challenges and opportunities that will arise for the Crown Dependencies. UK Ministers also engage with the Chief Ministers on exit related matters at the British Irish Council.
18. The Second Permanent Secretary in the Cabinet Office responsible for UK Governance has held meetings with representatives of Jersey, Guernsey and the Isle of Man on the impact of EU exit on the Crown Dependencies. A Cabinet Office official has been tasked with liaising with the Crown Dependencies over EU exit related matters.
19. A range of meetings between different UK Government Departments and Crown Dependency officials is under way to explore in more detail the policy areas affected by EU exit where the Crown Dependencies have a direct interest. The Ministry of Justice is facilitating constructive engagement between UK Government departments and the Crown Dependencies, in line with its constitutional responsibilities.
20. The UK Government has asked that the three jurisdictions within the Bailiwick of Guernsey jointly consider how their interests can best be collectively represented. The States of Guernsey has taken a lead in this engagement meaning Bailiwick wide positions have been provided where possible and that it remains open for differing views within the Bailiwick to be communicated.
18 November 2016