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The Lord Chancellor has offered an assurance that the UK "should not" legislate for us without our consent, as the Government considers "unprecedented" action towards the Channel Islands in order to secure its desired post-Brexit fishing arrangements.
A speech by Victoria Prentis, The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs, in the House of Commons yesterday was the first public mention of a 'Permissive Extent Clause' that will enable the UK Government to legislate for the Crown dependencies "if needed".
It has been strongly suggested that the UK is willing to sacrifice Channel Island fishing quotas in order to achieve its own ambition to become an independent coastal state, which would automatically bar EU fishing boats from its waters unless licensed.
Debate on fisheries will continue today, with island leaders adamant that the Permissive Extent Clause "cannot be used to legislate for the islands without consent" - the UK Government's position is that it can be used to do so "as a last resort".
Pictured: Deputy Gavin St Pier's P&R Committee say the Permissive Extent Clause "cannot be used to legislate for the islands without consent."
Policy & Resources has quoted an extract from an exchange of letters between the UK Lord Chancellor Robert Buckland and Guernsey's Chief Minister Gavin St Pier, which is in response to P&R's concerns last month about the UK's Internal Market Bill. P&R says the reply "comes at an important stage in the EU negotiations" and that its receipt "coincided" with the insertion of a Permissive Extent Clause in the UK's Fisheries Bill.
“I can assure you of the UK Government’s support for the longstanding constitutional position that the UK Parliament should not legislate for the Crown Dependencies on domestic matters without the Crown Dependencies’ consent," said Mr Buckland.
Deputy St Pier said: “I raised various concerns directly with the Lord Chancellor and have now received strong and helpful reassurances from him. That includes the UK’s understanding of the specific circumstances of the Bailiwick and acknowledgement that the Bailiwick’s proposed involvement in the UK-EU future relationship agreement would be a matter for consideration by the Bailiwick’s legislatures after negotiations have concluded.
Pictured: It has been reported that the UK could look to hand exemptions to EU fishing boats operating around the Channel Islands.
“One of the important aspects of my committee’s work in recent years has been to defend against various threats to Guernsey’s autonomy, from wherever they may come, and to strengthen Guernsey’s constitutional resilience wherever possible.”
His committee is also taking steps to strengthen Guernsey’s constitutional resilience. "One of those work streams is pursuing a change to Royal Assent for the Bailiwick’s legislation so that, generally, approval for legislation will take place in the islands. Work is underway to present proposals on that to the States of Deliberation following Resolutions on the Constitutional Investigation Committee’s report in 2016."
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