Ministry clamps down on island’s lawmaking power

Friday 6th February 2009, 2:29PM GMT.

gav21.jpgTHE UK Government has stepped in to restrain Guernsey’s lawmaking powers.

Several pieces of legislation have been waiting for approval by the Queen while a debate went on about how far Guernsey can go when it writes and implements laws.

Talks between the Ministry of Justice, which acts as a watchdog for the Bailiwick’s constitutional affairs, and local lawmakers have come to a head because of UK fears that Guernsey was giving itself too much power to change legislation after it had received royal assent.

There were four areas of Guernsey’s lawmaking that concerned the ministry – which it claimed could create risks for its responsibility for Guernsey’s good government:

  • Laws that enabled the States by ordinance to legislate unrestrictedly in and for an entire area.
  • Laws empowering the States by ordinance to amend or disapply UK legislation.
  • Laws empowering the States by ordinance to amend the law itself or any other law.
  • Laws empowering the States by ordinance to create criminal offences.

HM Procureur Nik van Leuven said discussions on the MOJ’s concerns had been going on since the beginning of 2007. The issue had resulted in a backlog of 26 laws awaiting royal assent.


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