UK fishing powers 'trample' on Crown dependencies

The States of Guernsey say the UK government has "no right" to legislate its waters

The UK government has received approval from the House of Lords to negotiate over fishing rights in Crown dependency waters without their consent.

Proposing the amendment, Lord John Gardiner said the clause would be used "as a last resort" after Brexit.

Opponents said the government would be "trampling" on the constitutional rights of the islands.

The amended UK Fisheries Bill will now go for Royal Assent before becoming law for which no date has been set.

The proposed legislation currently includes a permissive extent clause, which could allow the UK to impose new fishing rules on Jersey, Guernsey, and the Isle of Man after Brexit.

Each island is a self-governing state, with the power to debate and make its own laws.

'Offend democratic principles'

An amendment requiring the UK government to get consent before extending any fishing rules was withdrawn on Thursday after lengthy debate.

Baroness Jenny Jones said the trust and long relationship with the Crown dependencies would be undermined if these powers were approved.

Lord David Pannick supported the argument and said any attempt to force legislation on Jersey, Guernsey, or the Isle of Man would be "trampling" on their constitutional rights.

Guernsey's External Relations Minister Jonathan Le Tocq said the States of Guernsey were "disappointed" by the UK government's decision, adding that the clause was "not necessary and not appropriate".

"Should any future government seek to extend this act without our consent, or make any attempt to legislate without our consent, that would be contrary to our important and historic constitutional relationship with the Crown and would offend democratic principles," he said.

Deputy Le Tocq added that the States would consider "further steps" to "safeguard our legislative autonomy".

Jersey's Minister for External Relations Senator Ian Gorst said any extension of the UK Fisheries Bill would require States Assembly approval.

"Jersey therefore retains full control of its fisheries legislation and territorial waters," he said.

A UK government spokesperson said it "is constitutionally responsible for the international relations of the Crown dependencies".

They added: "The permissive extent clause in the Fisheries Bill would only ever be used in exceptional circumstances following full consultation.

"We respect the long and proud tradition that the Crown dependencies are responsible for their own territorial waters."