There's a need for speed in legislative change

It may sound dry, but laws reflect and shape the society.

For the Channel Islands, the legislative process has been a particular source of tension in the past.

All main laws need Privy Council approval – notionally the Queen signs them off, but in practice it is a much more political affair.

It has been used as a lever to drive through changes the UK wants, it has also been something that just got bogged down in bureaucracy.

Since the UK's Justice Select Committee first looked at how the government handles the relationship with the Crown Dependencies in 2010, there has been an impetus for change.

That initially has manifested itself in much more reliance being placed on the insular Crown Officers and their legal opinion rather than MoJ advisors about whether new laws meet international obligations such as European human rights.

This has speeded the whole process up, something highlighted by the islands and the committee as part of the latest follow-up report.

But the need for speed will hopefully not end there.

Look north-west to the Isle of Man and a very different process is followed for approving laws – one that the Channel Islands are showing increasing interest in.

In his first interviews after taking office, Chief Minister Jonathan Le Tocq expressed some support for adopting what happens across the water.

The Manx Lt-Governor deals with 'most' of the legislation that goes through Tynwald under powers granted in 1981 – this excludes only those that deal with defence, international relations, nationality and citizenship, the powers and pay of the governor or the constitutional relationship.

The Lt-Governor has to consult the MoJ about whether a bill should be reserved for the Privy Council to deal with instead, but the IoM said that in practice the majority are signed by the Lt-Governor on behalf of the Queen.

'What this means in practice is that the process of granting Royal Assent has been to a large extent "domesticated" and that the Isle of Man submits its legislation to the MoJ for confirmation that the Lt-Governor may assent on behalf of the Crown,' it stated in evidence to the Justice Committee.

Recently it has meant that the island can turn around laws, once they are approved locally, in five weeks.

Talks have taken place between the Ministry of Justice, Jersey and Guernsey about this more streamlined system.

Jersey, in its evidence to the Select Committee, said it was the MoJ that had informally suggested that there should be a reassessment of the need to submit legislation which addresses areas of localised interest, for example the name of a school.

Jersey set up a working party on the issue.

In Guernsey, the Constitutional Investigation Committee was set up in September.

It has a mandate to review Guernsey's relationship with the UK government, including how royal sanction is granted to primary legislation.

This committee's work is crucial to the island.

It is clearly perverse to allow one Crown Dependency to have more power than the others and anything that saves MoJ time and money will no doubt have some attractions.

And it would help eliminate the time lag caused by periods when the Privy Council, which gathers just nine times a year anyway, is meeting infrequently in the winter and summer.

It should also, though, put the focus back on the political scrutiny of legislation before it gets to the stage of needing Royal Assent.

There appears to be a much greater level in the Isle of Man than there ever has been locally.

There is provision for first, second and third readings and bills being considered clause by clause.

In Guernsey there is a proof-reading exercise by the Legislation Select Committee and 99% of the time when primary legislation returns to the States, it is dealt with on the nod as members rush through to get to debating policy, which they obviously see as much more fun.