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Jersey had to defend itself against a charge of ‘cakeism’ in the wood-panelled halls of Westminster recently – the suggestion that the Island, along with the other Crown Dependencies, wants to have its cake and eat it.
External Relations Minister Ian Gorst, who was attending the Justice Committee hearing with his opposite number from Guernsey, Jonathan Le Tocq, and Isle of Man Chief Minister Howard Quayle, didn't agree.
But Hammersmith Labour MP Andy Slaughter, who like the rest of his committee scrutinises the UK Government’s Justice Department, which has oversight of the Crown Dependencies, proposed that, perhaps, the Islands wished to preserve an “exceptionalism” in its dealings with the UK – happily prepared to accept vaccines and warships but playing the independence card when it suited.
Pictured: The three Crown Dependencies gave evidence at a hearing of the Justice Committee last week.
This suggestion was, unsurprisingly, rejected by the three islands, each one pointing to a long constitutional relationship, typified by loyalty, sacrifice and creating UK jobs.
“I think sometimes there can be a misunderstanding and a belief that the Crown Dependencies can look like former UK colonies; but that is not the case,” said Senator Gorst.
“Jersey and Guernsey were part of Normandy, and we have that centuries-old history which has evolved over time. I think our relationship is mutually beneficial; the things we do in our economy give value into the UK’s economy.
“If those services provided in Jersey, Guernsey and the Isle of Man weren’t being provided there, they would be provided in a less-well regulated environment, meeting lower standards somewhere else in the world.
“We think the benefit that we give to the UK economy should not be under-stated and it is a very positive relationship that we have, but it is built on domestic and fiscal autonomy in the islands.”
Pictured: Jersey and Guernsey fought alongside William the Conqueror in 1066, which our political leaders are keen to remind the UK.
Guernsey’s external relations lead Jonathan Le Tocq made the obligatory reference to the Channel Islands being on the ‘winning’ side in 1066:
“I can understand how [the situation] might seem as you describe [as ‘cakeism’], but the islands, over many, many years, have developed their own culture, not being a colony of the UK. I often jokingly say that if there was any colonisation going on, as my ancestors were on William the Conqueror’s side, it is the other way around.
“There is a symbiotic benefit to that, but there are costs as well. If you want all the services that you can get in a large city, you won’t live in the Channel Islands because it is impossible to do that because of the economies of scale, and the cost of living is inevitably higher.
“But there are some benefits and those benefits need to be protected because they come as a result of the fact that we couldn’t defend ourselves [during the Second World War]. My parents lived through the Occupation and were very grateful on Liberation Day when the British came.
“But there are all sorts of vulnerabilities in living in a smaller place, where you need a relationship.”
He continued: “There is a small island off the coast of Brittany the same size of Guernsey but it has one hundredth of the population because they are not providing those sorts of services. It costs us more, but we choose to do that and we do it in our own way. We achieve the same objectives by going about things slightly differently.
“If we had a one-size-fits all - on regulation, for example - we wouldn’t find the people to manage or enforce that operation. You have to ask, how can we achieve the same objective, but do it in a slightly different way? And we manage to do that.”
Pictured: The UK added a clause to its Fisheries Bill last year allowing its government to enact legislation there without Jersey or Guernsey's permission.
The UK/Crown Dependencies relationship, however, has not always been straightforward and the islands still bear the marks of two bruising encounters: the pressure put on them in 2019 to follow the UK and introduce a public registry of beneficial ownership, and the addition of a ‘Permissive Extent Clause’ in last year’s UK Fisheries Bill.
Isle of Man chief Howard Quayle called the former pressure from the UK“a disappointing part of our history” while Deputy Le Tocq described the latter as “totally unnecessary”.
Senator Gorst also revealed that another unwanted ‘PEC’ was to be added to the Armed Forces Bill currently going through parliament.
He added, however, that many PECs attached to other UK laws were welcome and sometimes requested by the Crown Dependencies.
The Justice Committee hearing last week was not a hostile environment. On the contrary, the backbenchers – despite their party lines – usually stand up for the Crown Dependencies, as they did when the beneficial ownership bill was successfully amended to allow the islands to plot their own courses on sharing the names of the ultimate owners and beneficiaries of trusts.
The cordial relationship meant that even the charge of cakeism was delivered with a large dollop of cream on the side.
However, the two-hour hearing did expose the quirky relationship that the Crown Dependencies have with the UK.
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