Crown Dependencies - Relationship With The UK

Relationship With The UK

The relationship between the Crown dependencies and the UK is "one of mutual respect and support, ie, a partnership".

Until 2001, responsibility for the UK government's relationships with the Crown dependencies rested with the Home Office, but was then transferred first to the Lord Chancellor's Department, then to the Department for Constitutional Affairs, and finally to the Ministry of Justice. In 2010 the Ministry of Justice stated that relationships with the Crown dependencies are the responsibility of the United Kingdom Government as a whole, with the Ministry of Justice holding responsibility for the constitutional relationship and other ministries engaging with their opposite numbers in the Crown dependencies according to their respective policy areas.

The British Government is solely responsible for defence and international representation (although, in accordance with 2007 framework agreements, the UK has undertaken not to act internationally on behalf of the Crown dependencies without prior consultation). Each Crown dependency has responsibility for its own customs and immigration services.

Acts of the British Parliament do not usually apply to the Channel Islands and the Isle of Man, unless explicitly stated. UK legislation does not ordinarily extend to them without their consent. For a UK Act to extend otherwise than by an Order in Council is now very unusual. When deemed advisable, Acts of Parliament may be extended to the Islands by means of an Order in Council (thus giving the UK Government some responsibility for good governance in the islands). An example of this was the Television Act 1954, which was extended to the Channel Islands, so as to create a local ITV franchise, known as Channel Television. By constitutional convention this is only done at the request of the Insular Authorities, and has become a rare option (thus giving the Insular Authorities themselves the responsibility for good governance in the islands), the islands usually preferring nowadays to pass localised versions of laws giving effect to international treaties.

Westminster retains the right to legislate for the Islands against their will as a last resort, but this is also rarely exercised, and may, according to legal opinion from the Attorney-General of Jersey, have fallen into desuetude — although this argument was not accepted by the Department for Constitutional Affairs. (The Marine, Etc., Broadcasting (Offences) Act 1967 was one recent piece of legislation extended to the Isle of Man against the wishes of the Manx Parliament).

The States of Jersey Law 2005 established that all Acts of the United Kingdom and Orders in Council were to be referred to the States, thus giving greater freedom of action to Jersey in international affairs.

Matters reserved to the Crown (i.e. acting through the United Kingdom Government) are limited to defence, citizenship, and diplomatic representation. The islands are not bound by treaties concluded by the United Kingdom (unless they so request) and may separately conclude treaties with foreign governments (except concerning matters reserved to the Crown). The United Kingdom conceded at the end of the 20th century that the islands may establish direct political (non-diplomatic) contacts with foreign governments to avoid the situation whereby British embassies were obliged to pass on communications from the governments that were in conflict with United Kingdom government policy. In recent years, with the development of finance industries and the increasing interdependence of the modern world, the Islands have been more active in international relations, concluding treaties and signing conventions with other states separately from the UK. Such treaties typically concern matters such as tax, finance, environment and trade, and other matters not relating directly to defence and international representation. The UK has in recent years, however, agreed to the Channel Islands negotiating directly with the French government on topics such as French nuclear activities in the region, as this is a matter on which the UK government holds views so at odds with those of the governments of the Bailiwicks that it feels unable to continue to represent the Islands itself.

The constitutional and cultural proximity of the Islands to the UK means that there are shared institutions and organisations. The BBC, for example, has local radio stations in the Channel Islands, and also a website run by a team based in the Isle of Man (which is included in BBC North West). While the Islands now assume responsibility for their own post and telecommunications, they continue to participate in the UK telephone numbering plan, and they have adapted their postcode systems to be compatible with that of the UK.

The Crown dependencies, together with the United Kingdom, are collectively known as the British Islands. Since the British Nationality Act 1981 came into effect, they have been treated as part of the United Kingdom for British nationality law purposes. However, each Crown dependency maintains local controls over housing and employment, with special rules applying to British citizens without specified connections to that Crown dependency (as well as to non-British citizens).