Guernsey waters down its bid for a quicker, more independent law making process

Tuesday 04 April 2023

Opposition from the UK Government has led to Policy & Resources watering down proposals to gain more independence on law making.

In 2016, the States backed a new process for approving major law changes as one of the steps to marking out the Island’s autonomy.

Currently, primary legislation, known as projets, which enact many of the decisions of the States, is sent to a body in the UK called the Privy Council where Royal Assent is needed before the law can go live.

That has historically led to delays and in some cases there have been fears it was weaponised by the UK Government to influence the island’s position on other matters.

Seven years ago the States backed a special committee’s recommendations to bring much of the process on island, with the Lieutenant-Governor given power to grant or withhold Royal Assent instead, apart from in limited circumstances like defence.

A key part of the new process it agreed to was a six-week time limit for the UK, through the Lord Chancellor, to lodge any objections to a new law. That has proven to be a step too far.

“The Ministry of Justice has indicated its support for the adoption of an alternative process based on that of the Isle of Man, at least in part because established procedures could be adapted to apply to projets,’ Policy & Resources latest States report on the issue says.

“However, the Ministry of Justice does not support the adoption of the CIC [Guernsey’s Constitutional Investigation Committee] process because it is untested and, due to the demurral procedure, the presumption would arise that the Lieutenant-Governor could decide whether to grant Royal Assent if no response was received from the Lord Chancellor within the time limit, even if this was contrary to the Lord Chancellor’s final considered conclusion.

"The Committee therefore recommends that the Isle of Man process be modified for Guernsey and the wider Bailiwick."

The main concern with the Isle of Man model, where for 40 years the Lt-Governor has in most cases been responsible for the final approval of laws, was that it would lead to little change in how long it took to get legislation approved.

This is because the same administrative and legal process would be undertaken by the Ministry of Justice and the Lord Chancellor as currently happens.

Its limited advantage only comes during the periods the Privy Council does not meet - August and September and during the UK General Election.

P&R still believes it has enough advantages over the current set up to recommend the change.

“The approval of projets in the Bailiwick is a constitutional change which underlines the islands’ domestic autonomy,” said P&R President Peter Ferbrache.

“It is an important step in further developing our international identity, this was an area identified by the Assembly in 2016 which is now delivered following close working with the UK Government and the Privy Council.”

Alderney and Sark also need to back the change.

Nigel Vooght, Chair of Alderney Policy & Finance Committee said: “This work has progressed successfully due to the close collaboration between the islands in developing a modernised process tailored for the Bailiwick. It is particularly fitting that this change comes in the same year as the Coronation of King Charles III, marking a new chapter in the Monarchy, the Bailiwick having reasserted our allegiance to the Crown during the accession last September.”

Sark’s Policy & Finance Committee chair Conseiller John Guille said: “The faster process and more convenient deadlines should better suit Bailiwick legislative priorities, particularly when urgent Projets need to be approved. This helps assert Sark’s status as a self-governing jurisdiction and to promote our own constitutional resilience.”

Jersey will not be moving away from the current Privy Council process.