Policy & Resources Committee - P.2021/122
The States are asked to decide:-
Whether, after consideration of the Policy Letter entitled "Consideration of Guernsey's Participation in International Agreements" dated 1st November, 2021, they are of the opinion:-
1. To rescind the Resolutions of 25th February, 1987, relating to the Policy Letter entitled "International Conventions and Agreements", dated 23rd January, 1987.
2. Subject to Resolution 3 and any resolution of the States to the contrary -
i. to agree that Guernsey's participation in any international agreement should meet Guernsey's needs, whilst respecting the constitutional relationship with the UK through the Crown and Guernsey's domestic autonomy;
ii. to endorse the process and approach set out in Paragraphs 6.5-6.10 of this Policy Letter regarding Guernsey's participation in international agreements;
iii. to direct the Policy & Resources Committee to maintain efforts to ensure that Guernsey's interests and, subject to the necessary authorisations from Alderney and Sark, the interests of either of those islands or, as the case may be, the Bailiwick's interests continue to be represented to the UK in respect of international agreements;
iv. provided there has been consultation with or a request from any other committee whose mandate is engaged by an international agreement, to authorise the Policy & Resources Committee to agree to Guernsey's participation and, subject to the necessary authorisations from Alderney and Sark, the participation of either of those islands or, as the case may be, the Bailiwick's participation in international agreements, whether in whole or in part or with reservations, or to decline the same, and signal that agreement, or rejection, to HM Government.
3. By way of exception to Resolution 2, to direct the Policy & Resources Committee, or, if applicable, other committees of the States, to refer questions relating to participation in international agreements, together with its or, if applicable, their recommendations, to the States of Deliberation for debate and decision in cases where -
i. save in cases of urgency, the terms of any international agreement appear to the Policy & Resources Committee to involve questions of human rights and fundamental freedoms, or matters which, in the opinion of the Policy & Resources Committee are likely to be considered controversial;
ii. Policy & Resources Committee and any other committee of the States whose mandate is engaged by an international agreement do not agree on questions relating to participation in an international agreement;
iii. the Policy & Resources Committee otherwise considers it to be necessary or expedient to refer a question relating to participation in an international agreement to the States of Deliberation.
4. To direct the Policy & Resources Committee, in cases where the exception detailed in paragraph i) of Resolution 3 is engaged but the matter is not referred to the States of Deliberation because of urgency, to refer such matters to the States of Deliberation as soon as possible after the exercise of its delegated authority so such decisions can be debated and noted.
5. To direct the Policy & Resources Committee to submit periodically a report setting out all international agreements for which participation has been or is being considered for Guernsey within the reporting period (whatever the status or outcome), and work undertaken in respect of the same, for inclusion as an appendix to a Billet d'État.
