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External relations of Jersey

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Jersey is a self-governing parliamentary democracy under a constitutional monarchy, with its own financial, legal and judicial systems,[1] and the power of self-determination,[2] which has relations with other countries, territories and international organisations.

Although diplomatic representation is reserved to the Crown, Jersey has been developing its own international identity over recent years. It negotiates directly with foreign governments on matters within the competence of the States of Jersey. Jersey maintains the Bureau de Jersey in Caen, France, a permanent non-diplomatic representation, with a branch office in Rennes. A similar office, the Maison de Normandie in St. Helier, represents the Conseil général of Manche and the Regional Council of Lower Normandy. It also houses the Consulate of France. In July 2009, a Channel Islands Tunnel was proposed to connect Jersey with Lower Normandy.[3]

Jersey is a member of the British-Irish Council, the Commonwealth Parliamentary Association and the Assemblée parlementaire de la Francophonie. Jersey wants to become a full member of the Commonwealth in its own right.[4]

International identity

In 2007, the Chief Minister and the UK Lord Chancellor signed an agreement[5] that established a framework for the development of the international identity of Jersey. The agreement stated that:

  • the UK has no democratic accountability in and for Jersey;
  • the UK will not act internationally on behalf of Jersey without prior consultation;
  • Jersey has an international identity that is different from that of the UK;
  • the UK recognises that the interests of Jersey may differ from those of the UK, and the UK will seek to represent any differing interests when acting in an international capacity; and
  • the UK and Jersey will work together to resolve or clarify any differences that may arise between their respective interests.

The preamble to the States of Jersey Law 2005 declares that 'it is recognized that Jersey has autonomous capacity in domestic affairs' and 'it is further recognized that there is an increasing need for Jersey to participate in matters of international affairs'.

In January 2011, the Chief Minister designated one of his assistant ministers as having responsibility for external relations; he is now often described as the island's 'foreign minister'.[6] In 2013 the Chief Minister proposed converting the post of assistant minister with responsibility for external relations to a full ministerial post.[7]

Tax information exchange agreements (TIEAs) have been signed directly by the island with several countries, including: the United States of America (2002); the Netherlands (2007); Denmark, the Faroes, Finland, Greenland, Iceland, Sweden and Norway (2008); the United Kingdom, France, Australia and New Zealand (2009); Portugal (2010); People's Republic of China, Turkey, Mexico, Canada, Indonesia, Czech Republic, South Africa, Argentina, and India (2011);[8] Brazil and Latvia (2013).[9]

Relations with Guernsey

In September 2010 a Channel Islands Brussels Office was set up jointly by the two Bailiwicks to develop the Channel Islands' influence with the EU, to advise the Channel Islands' governments on European matters, and to promote economic links with the EU.[10]

On 24 January 2013 Jersey signed double taxation agreements with Guernsey (updating the existing agreement) and with the Isle of Man.[11] This was the first time all three Crown dependencies had established such mutual agreements which also included provision for exchange of tax information equivalent to TIEAs.[12]

Relations with the United Kingdom

The relationship between the Crown dependencies and the UK is "one of mutual respect and support, ie, a partnership".[13]

Until 2001, responsibility for the UK government's relationships with the Crown dependencies rested with the Home Office, but it was then transferred first to the Lord Chancellor's Department, then to the Department for Constitutional Affairs, and finally to the Ministry of Justice. In 2010 the Ministry of Justice stated that relationships with the Crown dependencies are the responsibility of the United Kingdom Government as a whole, with the Ministry of Justice holding responsibility for the constitutional relationship and other ministries engaging with their opposite numbers in the Crown dependencies according to their respective policy areas.[14]

Since 2011 the government of Jersey has sent representatives to the main party conferences of the United Kingdom, its "most significant economic partner", as part of a commitment to enhancing political engagement with the UK. In 2012 the Assistant Chief Minister attended the conference of the UK Liberal Democrats, the Chief Minister attended the UK Labour Party conference, and the Deputy Chief Minister and Treasury and Resources Minister were announced to attend the UK Conservative Party conference.[15] Guernsey's Deputy Chief Minister and Jersey's Assistant Chief Minister travelled to Dublin in September 2012 as a first step in a more coordinated approach to international relations. The purpose of the visit was to meet Ireland's Minister for European Affairs for mutual discussions ahead of Ireland's assumption of the European Union presidency in 2013.[16]

Separation debate

The question of an independent Jersey has been discussed from time to time in the Assembly of the States of Jersey. In 2005–2008, a working group of the States of Jersey examined the options for independence, concluding that Jersey "is equipped to face the challenges of independence" but making no recommendations.[17] Proposals for Jersey independence continue to be discussed outside the States.[18]

In July 2005, the Policy and Resources Committee of the States of Jersey established the Constitutional Review Group, chaired by Sir Philip Bailhache, with terms of reference "to conduct a review and evaluation of the potential advantages and disadvantages for Jersey in seeking independence from the United Kingdom or other incremental change in the constitutional relationship, while retaining the Queen as Head of State". The Group's Second Interim Report was presented to the States by the Council of Ministers in June 2008.[19]

In October 2012 the Council of Ministers issued a "Common policy for external relations"[2] that noted "that it is not Government policy to seek independence from the United Kingdom, but rather to ensure that Jersey is prepared if it were in the best interests of Islanders to do so". On the basis of the established principles the Council of Ministers decided to "ensure that Jersey is prepared for external change that may affect the Island’s formal relationship with the United Kingdom and/or European Union".

Relations with the Commonwealth

Jersey is not a member of the Commonwealth of Nations in its own right, but through its association with the United Kingdom. It participates in various Commonwealth institutions in its own right: for example, the Commonwealth Parliamentary Association and the Commonwealth Games.

Jersey regards the existing situation as unsatisfactory and has lobbied for change. The States of Jersey have called on the UK Foreign Secretary to request that the Commonwealth Heads of Government "consider granting associate membership to Jersey and the other Crown Dependencies as well as any other territories at a similarly advanced stage of autonomy". Jersey has proposed that it be accorded "self-representation in all Commonwealth meetings; full participation in debates and procedures, with a right to speak where relevant and the opportunity to enter into discussions with those who are full members; and no right to vote in the Ministerial or Heads of Government meetings, which is reserved for full members".[20]

Relations with the European Union

See also: Special member state territories and the European Union

Jersey is neither a Member State nor an Associate Member of the European Union. However, that is not to say that it is outside the European Communities or the European Union in the sense that it is excluded. As Jersey was a European territory for whose external relations the United Kingdom was responsible, in 1972, it fell within the definition of a Community Territory when the Act of Accession was negotiated. The relationship between Jersey and the European Communities was negotiated as a modified extension of the existing relationship with the United Kingdom by Sir Geoffrey Rippon, as he was then. The only European Territories under United Kingdom responsibility which were excluded were the Sovereign Base Territories in Cyprus. Had the Special relationship not been negotiated, then Jersey would have been included within the Communities in the same way as Gibraltar. The Island's relationship with the EC and the EU is governed by article 26(3) of the Act of Accession, amending article 227 of the then EEC Treaty, now Article 355(5)(c) TFEU. That article acts together with Protocol 3 to the UK's Treaty of Accession in 1972 which was incorporated into the Treaties, by article 158 of the Act of Accession. On Cyprus' Accession, the exclusion of the Cyprus Base Territories was reversed, and the resulting article 355(5)(b) no longer contains the term excluded. For Jersey to be outside the EU and the EC, the term excluded would have had to have been employed. The Treaties therefore apply, but only to the extent necessary to give effect to the arrangements in the Protocol. [21] Protocol 3 and other relevant treaty provisions are made part of Jersey Law by the European Communities (Jersey) Law 1973.[22] Hence the inclusion of provisions of Community law and judgements of the CJEU within the laws of the Island through those provisions, in a similar manner as in the United Kingdom. The relationship between the Channel Islands and the EU cannot be changed without the unanimous agreement of all Member States and Island authorities.[23]

Under Protocol 3, Jersey is part of the European Union Customs Union of the European Community. The common customs tariff, levies and other agricultural import measures apply to trade between the island and non-Member States. There is free movement of goods and trade between the island and Member States. EU rules on freedom of movement for workers do not apply in Jersey.[24] However, for the time that the UK is an EU member, Jersey is required to apply the same rules to EU nationals as it does to UK nationals, who can move to Jersey by virtue of the Common Travel Area.[25] Nor is Jersey part of the single market in financial services. It is not required to implement EU Directives on such matters as movement of capital, company law or money laundering. Jersey plans to incorporate such measures where appropriate, with particular regard to the island's commitment to meeting international standards of financial regulation and countering money laundering and terrorist financing. Hence the working parallel with the prior constitutional relationship with the United Kingdom. Note however the CJEU in Pereira held that article 4 of the Third Protocol required the Island's authorities to give same treatment to all legal and natural persons of the Communities applied in any area where the Treaties would be applicable in a territory in which they were fully applicable. That implies that the Treaties in those areas are applicable in principle, but through the article 4 threshold.

The Commission's position on the relationship was stated clearly in a reply by Commissioner Prodi in 2003 to a European Parliamentary question. He confirmed that Jersey was within the European Union to the extent that the United Kingdom was responsible for its external relationships, and evoked the Treaties and the arrangements within the Protocol. The European Council mandated the Commission in 2013 to initiate negotiations with European States and Territories outside the Communities on their implementation of the amendments to the EC Savings Directive. Jersey was not on that list, as it is not outside the Communities or the Union, but has a special relationship within these.

British citizens who only have a bloodline connection to Jersey, and not with the United Kingdom or another Member state of the European Union, were not considered to be European Union citizens within the sphere of the freedom of movement of persons.[26] They have 'Islander status' and their Jersey-issued British passports are endorsed with the words the holder is not entitled to benefit from EU provisions relating to employment or establishment.[27]

Jersey residents do not have a right to vote in elections for the European Parliament. Jersey and Guernsey jointly opened an office in Brussels in 2010 to promote their common interests with European Union institutions.[28] Jersey is particularly concerned about European Union legislation and reforms that may affect its trading partners in international financial centres round the world.

Group meetings

Trilateral Crown dependency

The three crown dependencies, while independent, share a relatively similar position with respect to the United Kingdom and with international bodies such as the EU or the OECD. As a result, the crown dependencies work together on areas of mutual interest. For example, in 2000, the three states cooperated on development of common policies for offshore banking.[29] In 2003, they developed a joint approach to certain EU activities around tax information.[30][31] The heads of government of the crown dependencies, including Isle of Man, Guernsey, Alderney, Sark, and Jersey, meet at an annual inter-island summit, to discuss matters of common concern, such as financial regulation and relations with the UK.[32][33][34] [35]

British–Irish Council

Jersey has formed part of the British–Irish Council since it was formed in 1999, as does the Isle of Man. Meetings take place twice a year, in 2002, 2009 and 2013[36] the meetings have taken place in Jersey. Its stated aim is to "promote the harmonious and mutually beneficial development of the totality of relationships among the peoples of these islands".

Jersey is leading the Creative Industries discussions.[37]

References

  1. ^ "Jersey Facts and Figures". Retrieved 6 November 2011.
  2. ^ a b "COMMON POLICY FOR EXTERNAL RELATIONS" (PDF). States of Jersey. Retrieved 8 December 2012.
  3. ^ "Jersey-France tunnel plan talks". BBC News. 14 July 2009. Retrieved 13 August 2013.
  4. ^ Jersey Evening Post, 23 September 2006
  5. ^ "Framework for developing the international identity of Jersey" (PDF). Retrieved 2013-03-23.
  6. ^ 'Meet our new foreign minister', Jersey Evening Post, 14 January 2011 "Archived copy". Archived from the original on 2011-01-17. Retrieved 2013-09-12.{{cite web}}: CS1 maint: archived copy as title (link); Editorial, 'A new role of great importance', Jersey Evening Post, 17 January 2011 "Archived copy". Archived from the original on 2011-01-22. Retrieved 2013-09-12.{{cite web}}: CS1 maint: archived copy as title (link)
  7. ^ "Backbenchers question the need for Foreign Minister". Channel Television. 9 January 2013. Retrieved 14 January 2013.
  8. ^ "TAX INFORMATION EXCHANGE AGREEMENTS (TIEAs)" (PDF). Retrieved 6 November 2011.
  9. ^ "Tax agreements signed with Brazil and Latvia". Retrieved 29 January 2013.
  10. ^ "Guernsey and Jersey begin recruiting for senior Brussels positions" (PDF). Retrieved 2012-10-04.
  11. ^ "Double Tax Agreements with Guernsey and Isle of Man". 24 January 2013. Retrieved 24 January 2013.
  12. ^ "Guernsey, Jersey and Isle of Man sign taxation agreement". BBC. 24 January 2013. Retrieved 24 January 2013.
  13. ^ The Committee Office, House of Commons (2010-03-30). "Royal Commission on the Constitution 1969-73; re-affirmed in the Framework for developing the international identity of Guernsey, signed in December 2008". Publications.parliament.uk. Retrieved 2013-03-23.
  14. ^ "Government Response to the Justice Select Committee's report: Crown Dependencies" (PDF). Retrieved 2013-03-23.
  15. ^ "Jersey represented at Lib Dems conference". States of Jersey. Retrieved 4 October 2012.
  16. ^ "Channel Island Ministers to meet with Irish Government". States of Guernsey. Retrieved 4 October 2012.
  17. ^ "Second Interim Report of the Constitution Review Group". Statesassembly.gov.je. Archived from the original on 11 May 2011. Retrieved 31 May 2011.
  18. ^ Editorial, 'Legal ideas of political importance', Jersey Evening Post, 21 September 2010 "Archived copy". Archived from the original on 2011-07-02. Retrieved 2013-09-12.{{cite web}}: CS1 maint: archived copy as title (link); Andy Sibcy, 'Sovereignty or dependency on agenda at conference', Jersey Evening Post, 17 September 2010 "Archived copy". Archived from the original on 2011-07-02. Retrieved 2013-09-12.{{cite web}}: CS1 maint: archived copy as title (link)
  19. ^ Second Interim Report of the Constitution Review Group (States Greffe, Jersey) http://www.statesassembly.gov.je/display_result.asp?url=\documents\reports\46527-24954-2762008.htm[permanent dead link‍]
  20. ^ "Written evidence from States of Jersey". Chief Minister of Jersey. Retrieved 18 March 2013.
  21. ^ Treaty on the Functioning of the European Union: Article 355(5)(c) states that "the Treaties shall apply to the Channel Islands and the Isle of Man only to the extent necessary to ensure the implementation of the arrangements for those islands set out in the Treaty concerning the accession of new Member States to the European Economic Community and to the European Atomic Energy Community signed on 22 January 1972".
  22. ^ "European Communities (Jersey) Law 1973". Archived from the original on 12 January 2012. Retrieved 23 December 2011.
  23. ^ See Sutton, Alastair (2005), "Jersey's changing constitutional relationship with Europe", Jersey and Guernsey Law Review, 9 (1), archived from the original on 2012-12-09, retrieved 2013-01-14
  24. ^ Rui Alberto Pereira Roque v His Excellency the Lieutenant Governor of Jersey, Case C-171/96 (European Court of Justice) http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?isOldUri=true&uri=CELEX:61996CJ0171
  25. ^ States of Jersey Brexit Report, 31 January 2017, p. 7 https://statesassembly.gov.je/assemblypropositions/2017/p.7-2017.pdf
  26. ^ {{cite web However, given that there is no qualification to the concept in the TFEU, it is possible that "Channel Islanders" can benefit from the article 20 (1 and 2 (a) TFEU right of residence as British citizens, independently of the freedom of movement of persons. Protocol 3 only excludes certain Treaty advantages. The right to residence as a Union citizen is a fundamental TFEU right, in a separate chapter to the freedom of movement of persons. Were this to be the case, Channel Islanders would also have a right to petition the European Parliament, despite being otherwise excluded from the European democratic process which can otherwise affect them. | last = States of Jersey | title = Status of Channel Islands in the European Union | date = 4 February 2008 | url = http://www.statesassembly.gov.je/AssemblyReports/2008/45051-30164-1222008.pdf | accessdate =20 December 2011}}
  27. ^ States of Jersey. "Islander status". Retrieved 23 August 2011.
  28. ^ "Channel Islands appoint representative in Brussels", BBC News, 25 January 2011
  29. ^ "Crown Dependencies Join Forces On Money Laundering With New "Know Your Customer" Principles". Tax-News.com. 20 December 2000.
  30. ^ "Channel Isles And IoM Discuss Joint Approach To EU Tax Directive". Tax-News.com. 2 September 2003.
  31. ^ "JOINT APPROACH NEEDED TO EU". Isle of Man Today. 1 Sep 2003. Archived from the original on 12 June 2013. Retrieved 13 September 2016.
  32. ^ "'Positive' meeting at Inter-Island conference". Isle of Man Newspapers. 7 Sep 2007.
  33. ^ "Inter-island crown dependencies meeting". IFCFeed.com. 28 September 2009.
  34. ^ "Crown Dependencies Summit Held". Tax-News.com. 30 May 2012.
  35. ^ "Crown Dependencies e-Government meeting further strengthens working relationships". gov.im. 30 March 2015.
  36. ^ "21st BIC Summit". BIC.
  37. ^ "Creative Industries Ministerial Meeting held in Jersey today". BIC. 30 October 2015.
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