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Policy & Resources remains on a collision course with the UK Government after Parliament approved a controversial amendment that it is feared the UK may use to try and legislate for us without our consent while negotiating a fishing deal with Europe post-Brexit.
The UK Government only introduced an amendment on 9 October to insert a Permissive Extent Clause in the UK’s Fisheries Bill, however it was then approved by the House of Commons just four days later.
The UK Fisheries Bill is making its way through its final stages of political ratification and was considered again in the House of Lords yesterday afternoon.
Whilst the debate is ostensibly about fisheries, P&R's lead on External Affairs, Deputy Jonathan Le Tocq, said there is a much wider issue at stake that threatens the UK's constitutional relationship with the Channel Islands.
“Guernsey’s government has been disappointed that the UK Government considered it necessary to push forward with this amendment," he said. "We remain of the view that the clause is not necessary and not appropriate."
Pictured: Deputy Jonathan Le Tocq was Guernsey's political lead on external affairs last term and has remained in that position since his re-election.
"The Policy & Resources Committee is pleased to note that the UK Government has acknowledged that the islands take their international obligations extremely seriously and confirmed that the UK Government does not intend to use the PEC to extend the Fisheries Act, when it is given Royal Assent, unless all other options have been exhausted.
"That reinforces the point that the clause it is unnecessary and not anticipated to be used. However, should any future Government seek to extend this Act without our consent, or make any attempt to legislate without our consent, that would be contrary to our important and historic constitutional relationship with the Crown and would offend democratic principles."
Following a change to Guernsey’s legislation, brought forward by the former P&R Committee in 2019, the PEC would have to be referred to the States of Deliberation for approval and consent before it could take effect.
However, the UK Government's creation of such a tool is unprecedented and concerns remain about how such a mechanism could be used and whether government could seek to press ahead regardless of Guernsey or Jersey's prior agreement.
Pictured: P&R say that the UK's use of a Permissive Extent Clause would require ratification from the States and Guernsey's Royal Court.
It emerged last month that the UK was looking into ways to achieve its own ambition to become an independent coastal state and may be willing to sacrifice Channel Island fishing quotas in order to do so.
"The Committee will continue to consider what further steps might be required for Guernsey, and the wider Bailiwick, to safeguard our legislative autonomy and to continue to develop our own international identity," said Deputy Le Tocq.
"It is for Guernsey, and the Bailiwick, to decide which international agreements are extended to it and as a result the islands are best placed to fulfil these international obligations effectively using their own policies and domestic legislation. We have a demonstrable track record of meeting international obligations and can move swiftly to address and resolve international situations if needed, as we have in the past.”
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