This Is Guernsey

By Joel de Woolfson

GUERNSEY has not signed up to new UK legislation designed to protect surrounding seas because it believed the island’s own laws were sufficient.

The States was consulted last year about the provisions of the Marine and Coastal Access Bill.

It is hoped the legislation will ensure clean, healthy, safe, productive and biologically diverse oceans and seas by putting in place better systems for delivering sustainable development of marine and coastal environment.

After consideration by the States, it was decided that there was no need for the Bill to include a ‘permissive extent clause’ which would allow the extension of certain provisions to apply locally.

It was felt that the subject matter could be dealt with by local legislation.

When the issue was raised in debate in the House of Lords, Lord Wallace of Saltaire questioned why certain Crown Dependencies, such as Jersey, were listed on the Bill, but others, like Guernsey, were not.

Government spokesman Lord Hunt (pictured) confirmed the constitutional relationship of the Crown Dependencies and Overseas Territories.

He said the UK respected the Crown Dependencies’ right to autonomy in their domestic affairs and it would be contrary to constitutional convention to exercise the power to legislate for the islands in all but the most exceptional circumstances.

Chief Minister Lyndon Trott reacted positively to that.

‘We welcome Lord Hunt’s comments, which confirm that Guernsey is a fully-functioning parliamentary democracy,’ he said.

‘Where the UK enters into international agreements, it recognises that it is appropriate to ask the island whether it wishes to have the measure extended to it.

‘This is done through consultation and, by convention, the UK would not apply or extend an international measure to Guernsey without its consent.

‘There was nothing untoward or unexpected in the debate.’

Article posted on 6th July, 2009 - 2.29pm