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Guernsey cements autonomy with new law approval process

Guernsey cements autonomy with new law approval process

Tuesday 27 February 2024

Guernsey cements autonomy with new law approval process

Tuesday 27 February 2024


The King has officially signed off on changes to the way new laws will be enacted in Guernsey in a move that’s hoped to bolster the Bailiwick's international identity and speed up the implementation of legislation.

Meanwhile, consultation on the topic has been ongoing for several months with between Government of Jersey and the Ministry of Justice.

All British laws passed by parliaments need to be given Royal Assent by the monarch through the UK’s Privy Council, who acts as the King-in-Council.

But the States of Guernsey last year agreed to ask the Council to delegate that power to the island's Lieutenant-Governor for local laws.  

The Privy Council last week approved an Order for the new arrangement to commence from 29 February, with the first legislation likely to land on Guernsey's Lt-Governor's desk after the next States of Guernsey meeting in March. 

However, some major and non-domestic legislation will continue to be approved by the Kingincluding matters of national security, defence, or the Royal Prerogative. 

Alderney and Sark’s government also supported the changes, while consultation has been ongoing for several months with the Government of Jersey and the Ministry of Justice.  

Guernsey’s top politician, Deputy Lyndon Trott said: “This new process is not only of practical importance, it also reflects our identity as a jurisdiction through our direct relationship with the Crown, distinct from the UK."

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Pictured: The Lt-Governor, Lt-General Richard Cripwell CB CBE will be the monarch's first Bailiwick representative to personally give assent to laws. 

Work to uncouple local law approval from the Privy Council has been ongoing for around a decade, with a special committee looking into constitutional affairs led by former Deputy Roger Perrot recommending the changes. 

But numerous delays and competing priorities had prevented that work being seen through, until last May when a policy letter was finally put forward by Guernsey's Policy & Resources Committee.  

Deputy Trott sat on that committee, something he described as an “honour”. 

Following years of work, and noting the benefits of an expedited process, I am pleased this change has now been agreed," he added.

It’s hoped the islands can be more dynamic and reactive in passing laws in response to external events as the respective parliaments will no longer rely on set schedules of the Privy Council.  

The Isle of Man has operated a similar system successfully for over 40 years and tweaks have been made for the Bailiwick in consultation with Jersey, the Ministry of Justice, and local law officers. 

The States of Guernsey also agreed last May that local people should sit on the Council to better represent the islands’ interests and constitutional position to the UK, but it’s unclear how far this work has progressed. 

Guernsey's Policy & Resources committee are also bound to review the effectiveness of the new system in two years' time 

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