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British MPs hear of frustration in OTs over lack of consultation

The House of Commons in London, England

British MPs heard yesterday how shortfalls in consultation had caused frustration in the Overseas Territories.

As part of inquiries into the territorial constitution, the Commons Procedure Committee heard evidence from experts about Britain’s relationship with its territories and Crown Dependencies.

Karen Bradley, chair of the Procedure Committee, said the inquiry was started before the pandemic to consider decision-making in the wake of Brexit, but discussions highlighted the impact decisions in Britain can have on Overseas Territories.

“What we have identified is that what we do in Westminster can have quite a significant impact on Overseas Territories, but I am not sure we have always been cognisant in Parliament of what that impact is when we make our decisions,” she said.

Peter Clegg, dean of social sciences at the University of the West of England, said that the OTs are concerned about decisions being made that could have an impact on them, while they accept the British Parliament as the “sovereign parliament”.

He also noted that Britain’s OTs are very different from one another and feel they should not be painted with the same broad brush.

“I think there is a great resentment, if you can call it that, when legislation is imposed in a rather non-discriminatory way,” Mr Clegg said.

John Davies, chief executive of the Commonwealth Parliamentary Association UK, agreed while adding that opinions differ within territories as well as between them.

“You are going to get different views on each subject and on the general principle,” he said.

“I completely agree with Peter on consultation. As with any of us, if something is being done to you, you feel an inevitable impulse to want to have some input into that.”

He added that the CPA works with the various legislatures of the OTs, each of which feels a duty to the people it represents.

“Sometimes they genuinely feel that they are not able to discharge that responsibility because they don’t have a way of inputting into that legislation,” Mr Davies said.

Mr Clegg said the balance was “just about right” given the present constitutional arrangement and that the Foreign and Commonwealth Office was aware of the importance of consent and not extending Britain’s authority too far.

However, he noted that conflicts have arisen, citing the 2018 passage of anti-money-laundering legislation by the British Parliament, which sparked a strong response including discussions on independence.

“Independence is used quite loosely by most OT leaders because it can sort of strengthen their domestic base, so I don’t think much thought has necessarily been put into independence or indeed greater autonomy,” Mr Clegg said.

“But it is necessarily used and does worsen the relationship between the territories and the UK for a time, and there have been other examples of that in the past, although that case in 2018 was quite exceptional because it came through legislation from the UK Parliament.”

He said that Bermuda has the greatest level of autonomy among the OTs and some other territories have suggested moving towards the island’s example.

“The British Government has historically said no,” he said.

“I think that is an interesting issue in terms of where they are right now and where the further autonomy or further change could be given, and the British Government feel that because they have ultimate responsibility for the territories, they need the levers of power in control just to make sure things are going well.”

Asked how much awareness he thought there was in Parliament about the interests of the OTs, Mr Clegg said there were a “small number of very committed” MPs and Lords who are aware and engage significantly, although many do not.

“There could be some kind of an exercise to just talk more to parliamentarians about the OTs, about the Crown Dependencies, about their differences, about their relationships, what the UK Parliament could do and can’t do,” he said.

“That would be quite a concerted and long-term project, but the greater the knowledge, the greater the understanding, the easier it would be in some cases for the territories to influence and make their arguments and representations.”

Mr Clegg said that Gibraltar had expressed interest in having an MP. However, such a change would usually lead to greater oversight by Britain.

Asked about the possibility of non-voting representatives, as used by the United States and its territories, Mr Clegg said: “If you want a representative, you really want a full representative rather than one that is somewhat constrained.”

Mr Davies added that the Dutch island of Bonaire had voiced frustration with such a set-up under the Netherlands.

“It actually was more frustrating in that, yes, in theory you have this representation but you can’t actually do anything useful with it, so you potentially have the worst of both worlds,” he said.

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Published October 17, 2023 at 7:58 am (Updated October 17, 2023 at 7:48 am)

British MPs hear of frustration in OTs over lack of consultation

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