This Is Guernsey

By Nick Mann

GUERNSEY will sign off an international identity framework document with the UK.

Chief Minister Lyndon Trott (pictured) had been poised to put pen to paper on the agreement before the Policy Council acceded to a letter from 26 members that it should first be debated.

Leading advocates had raised concerns that the document was a weakening of the island’s position, but this was firmly rejected by Deputy Trott.

There was little dissent, with only two members voting against it. In his longest speech to the Assembly in eight years, Deputy Trott said the document was a positive step.

‘Why? Because it expressly recognises that this Assembly, comprising directly-elected representatives of the people of Guernsey, is a “responsible, stable and mature democracy with our own broad policy interests” – policy interests that are delegated to departments and committees of the States with some functions delegated directly to the Policy Council by this Assembly,’ he said.

‘But what does this recognition mean? Well, that recognition underscores that we can think for ourselves and act responsibly in representing our citizens. The document confirms and clarifies a number of principles that will, when taken forward, serve us all in developing our collective desire to enhance Guernsey’s international stature.’

It makes it clear Guernsey is different from the UK, he added.

The real usefulness of the document would come when dealing with other countries and international organisations, he said.

‘If there is any concern on their part as to the propriety of dealing directly with Guernsey, this document can be produced as evidence of the UK’s support for us to take more responsibility for our international affairs.’

Jersey and the Isle of Man signed off the agreement 18 months ago, but Guernsey had been prevented from doing so until Sark’s political reforms had been agreed.

Deputy Trott stressed the document changed nothing in the constitutional relationship.

Those against signing off had argued the document dropped the need for Guernsey to consent to the UK acting internationally on its behalf – something referred to in a 1999 OECD anti-bribery report. But an OECD report in March 2005 refers to the need only to consult.

‘By conducting this fuller analysis of the OECD reports, I suggest it demonstrates the fallacy of any argument that the political practice, or constitutional convention if members prefer that label, of the UK engaging us in consultation before acting internationally on our behalf was somehow replaced in 1999 or 2000 by a new requirement for consent,’ said Deputy Trott.

‘It was not. Consultation occurs prior to a response being made by Guernsey’s authorities. Where the response is negative, it has been, and still is, the practice for that rejection by Guernsey to be respected.’

Failure by the UK to respect the convention that it did not act internationally on our behalf without our consent would precipitate a constitutional crisis, he added.

‘We rely on everyone’s good sense not to go down that particular avenue.’

Only deputies Mary Lowe and Gloria Dudley-Owen voted against. Both Alderney representatives abstained. Deputies Sam Maindonald, Jack Honeybill, Scott Ogier and Francis Quin were absent for the vote.

Article posted on 1st December, 2008 - 11.30am