Crown Dependencies

Philip Hollobone Excerpts

Thursday 16th January 2014 Westminster Hall

[Sir Alan Beith]

I very much welcome the help that I had from the right hon. Gentleman in working on this report and the particular perspective that he brought to it. He is entirely right, and he makes a point that I did not have time to make in my statement. Letters of entrustment are one indication in the Government’s response that they are willing to enable the islands to reach international agreements that fit within the framework of their responsibilities. It is a necessary process, because the islands have trading links around the world. Given that so many of the United Kingdom’s trading links are now through the European Union, of which the islands are not members, it is often necessary for new treaties to be put together and agreed, and letters of entrustment are a way to achieve that.

[Mr Philip Hollobone (Kettering) (Con)]

Can my right hon. Friend confirm that the Crown dependencies are not members of the European Union, and therefore clarify their relationship, in justice matters, with the Europe convention on human rights and the European Court of Justice?

[Sir Alan Beith]

I can indeed confirm that they are not members of the European Union. That is a decision that each has made separately. It is quite a complicated situation in some ways, because so many of their links are with the United Kingdom, which is in the EU. They are signatories to the European convention on human rights and subject to it. One of the United Kingdom Government’s responsibilities is to ensure that the treaties are complied with. In the case of Sark, of course, that led to significant constitutional changes that derived from responsibilities under the European convention on human rights.

--- Later in debate ---

[Mr Peter Bone (in the Chair)]

I apologise for not saying earlier that we have an advantage in Westminster Hall in that if any hon. Member wants a second go, they may do so.

[Mr Hollobone]

I am grateful for the chance to remind the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) that, although he gave a good answer to the first part of my question, it was so detailed that he forgot the answer to the second part about the relationship between the Crown dependencies and the European Court of Justice.

[Sir Alan Beith]

I would need notice before giving a definitive legal answer, on which I would probably have to take expensive legal advice from people such as the hon. Member for Cities of London and Westminster (Mark Field). However, because the dependencies engage in significant trade with the European Union, they may sometimes come up against issues that have been subject to litigation in the European Court of Justice. To facilitate relations with the EU generally, the dependencies have been opening offices in Brussels, which by general consent has helped. If the hon. Member for Kettering (Mr Hollobone) needs to know more about the potential of the European Court of Justice to be involved in their affairs, I would have to look further.