Lt-Governor could approve laws rather than the Queen

A States report to the House of Commons Justice Committee, states that ‘this will allow greater flexibility on timing and will better reflect how the constitutional relationship works in practice’.

The current set up is that a local law must first pass through several stages in the States, and then it must be submitted to the Monarch for Royal Assent.

However Guernsey is looking to mimic the Isle of Man, so that the Lt-Governor, as the Queen’s representative in the island, would approve domestic laws.

It follows concerns about a loss of competitive edge over the length of time it sometimes takes to obtain sanction by Her Majesty.

The change would mean that laws receiving Royal Sanction would not be tied to the monthly schedule of Privy Council meetings, which are not held in late summer or during UK general elections, and it would underline the Bailiwick’s legislative autonomy.

If approved, this would happen for all laws apart from reserved matters such as those affecting the Royal prerogative or the rights of the Sovereign in their private capacity.

Alderney and Sark’s lead committees have agreed that the idea should be considered in all three islands’ parliaments.

The island’s constitutional position was threatened when the UK government inserted a clause to legislate for it on fishing.

The way the Crown Dependencies represent themselves internationally is also changing, with greater use of so-called letters of entrustment.

The House of Commons Justice Committee was asked to note that Guernsey was keen to negotiate directly with the relevant authorities of sovereign states on certain topics and in certain circumstances.

‘These have been used in relation to tax since 2003, but, in 2020, Guernsey agreed a social security agreement directly with Latvia, the first social security agreement negotiated under entrustment.

‘Guernsey continues to seek opportunities where it would be appropriate to negotiate agreements directly,’ the report stated.