MISC 61: Letter to the Second Clerk of the Committee from the

Parliamentary Relations Team, Foreign and Commonwealth Office

 

 

CROWN DEPENDENCIES

 

Your letter of 18 March asked if the Foreign and Commonwealth Office (FCO) considers itself to have any responsibilities in relation to the Crown Dependencies.

 

The general position is that the Crown Dependencies are territories over which the UK has sovereignty under international law, and that the UK is therefore responsible for their international relations. This can involve FCO in a number of ways (though as you note, the Ministry of Justice is the lead Government Department responsible for the UK Government's relationship with the Crown Dependencies). Some examples of ways in which FCO's responsibilities arise are as follows, though it is not possible to be comprehensive.

 

The treaty process: FCO are responsible for notifying the treaty depositary of any extension of treaties to the Dependencies, when so requested by the Ministry of Justice. We would also assist in the drafting of any reservations or other statements at the time of extension, should these be necessary. FCO Treaty Section also assists the Dependencies with queries about treaties extended to the Dependencies, from information on their database.

 

Sanctions imposed by the United Nations Security Council: FCO inform the Ministry of Justice, and thus the Dependencies, when such sanctions are adopted, so that they can be implemented in the Dependencies in accordance with the UK's international obligations.

 

Human rights: the FCO's legal advisers act as Agents for the Government for cases against the UK brought before the European Court of Human Rights in Strasbourg, including cases arising in any of the Crown Dependencies.

 

In respect of services provided by FCO posts, our overseas missions would provide consular assistance appropriate to the nationality of persons from the Crown Dependencies.

 

Under UK Trade and Investment Eligibility guidelines, companies from, or based in Crown Dependencies are exempted from the usual range of UK Trade and Investment promotion activity, but where a request is made for assistance in liaising with a foreign government, the case should be examined on its merits.

 

We would also expect our officials overseas to offer a briefing on the local political scene, should a senior delegation from the Crown Dependencies request such assistance whilst travelling overseas.

 

21 April 2008