Power to grant Royal Assent may be given to Lt-Governor

At the moment, only the UK’s Privy Council can provide royal sanction, which is the final stage of the approval process before a new law is registered with the Royal Court and becomes effective.

If the proposals are approved by deputies, the Lt-Governor will be able to grant new royal assent on behalf of the Privy Council to new laws, or projets de loi, with some exceptions.

These exceptions would require the Lt-Governor to consult the UK’s Lord Chancellor to assess whether certain projets need to follow the traditional route and be reserved for the Privy Council.

Topics that could follow this reserved path include defence, international relations, nationality and citizenship, the powers and remuneration of the Lt-Governor, and the constitutional relationship.

The Lt-Governor would have delegated authority to grant royal assent to any projet that does not have to be referred to the UK.

For these powers to come into effect, the Privy Council needs to make an Order in Council.

This order would also allow a deputy Lt-Governor to grant assent if there was no Lt-Governor in post or if the incumbent was unavailable.

P&R said that it should help speed up the processing of legislation without having to rely on the Privy Council schedule, which does not include meetings in August or September.

‘[This process] would also underline the Bailiwick’s domestic legislative autonomy and international identity,’ said P&R.

It added that the States of Alderney would be asked to back the same proposal ‘as a matter of constitutional importance’.