External relations of Jersey
The external relations of the Bailiwick of Jersey are conducted by the External Relations department of the Government of Jersey. Jersey is not an independent state; it is a British Crown dependency, so internationally the United Kingdom is responsible for protecting the island and for consulting Jersey on international trade agreements but it is not a British territory.
Jersey is a self-governing parliamentary democracy under a constitutional monarchy, with its own financial, legal and judicial systems, and the power of self-determination, which has relations with other countries, territories and international organisations.
Diplomatic representation is officially reserved to the Crown and relations are conducted by Her Majesty's Government on behalf of the island. Jersey, with exceptions, cannot sign up to international agreements under its own authority. Despite this, Jersey has its distinct international identity and its interests may differ from those of the UK.
Jersey informally negotiates directly with foreign governments on various matters. 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 la Normandie in St. Helier, represents the Conseil général of Manche and the Regional Council of Normandy. It also houses the Consulate of France.
In July 2009, a Channel Islands Tunnel was proposed to connect Jersey with Lower Normandy.
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.
Constitutional situation
In 2007, the Chief Minister and the UK Lord Chancellor signed an agreement 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.
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'. There has since been officially established a Minister for External Relations, a post held by Senator Ian Gorst.
Relations with the United Kingdom
The relationship between the Crown dependencies and the UK is "one of mutual respect and support, ie, a partnership".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.
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. 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.
Jersey's economic relationship with the UK is part of the framework of the United Kingdom–Crown Dependencies Customs Union, of which Jersey is a part. There is a common external tariff, and the UK negotiates free trade agreements for Jersey on behalf of its government.
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. Proposals for Jersey independence have been discussed outside the States.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.
In June 2012, Sir Philip Bailhache said the island should be ready to become independent after a number of regulatory clampdowns and political attacks on the Channel Islands' "controversial" financial industry. He called the island's relationship with the UK "a raw deal" and "not fair" and that is "very plain" that Jersey's interests were not always aligned with the UK's. Lord McNally, the Minister responsible for the Channel Islands at the time said it would be "ill-advised" of the islands to seek independence. A Guardian editorial at the time stated the islands would be unable to successfully achieve independence and maintain their finance industry, citing the fact that when the Bahamas declared independence from the UK in 1973, its finance industry largely moved to the Cayman Islands. Jersey's economy is highly reliant on finance: in June 2020, it was reported that there were 13,450 jobs within this sector.
In October 2012, the Council of Ministers issued a "Common Policy for External Relations" 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".
In June 2018, during the UK's Brexit negotiations, former External Relations Minister Sir Philip Bailhache said Jersey was not faced by the decision of independence right now and "We are a long way from that at the present time", but that depending on the outcome of Brexit for Jersey, Independence from the UK 'may be the only option' left to the island. He states the "Island should be prepared to go it alone and to become an independent state."
In November 2019, the Government stated that although it had contingency plans in the event of separation, "it is not Government policy to seek independence from the United Kingdom".
Relations with other British Isles
Jersey has a very close relationship with the other Channel Islands, with several shared institutions, as well as a common geography, heritage, culture and constitutional relationship. There have often been calls for a confederation of the Channel Islands, including a conference in 2012 on the matter. Senator Gorst, the External Relations minister said in 2019, ‘A confederation would make the islands stronger when working together on issues that affect us all... This would be a combined Channel Island committee with elected members from each parliament, and those parliaments would decide which issues to send up to that committee.'In 1998 Guernsey and Jersey electricity companies formed the Channel Islands Electricity Grid to operate and manage the submarine cables between Europe and the Channel Islands. A fishing dispute relating to fishing within the Guernsey 12 mile limit surfaced again in 2015.
During the 2020 COVID-19 Pandemic, over differences in the way the islands responded to the pandemic, Guernsey Deputy Peter Ferbrache called Jersey's government 'a bunch of bumbling idiots' and said that his island was a 'much, much, much better run bailiwick' and Jersey businesses might regret setting up the island. He was later that year elected as Guernsey's Chief Minister.
In September 2010 a Channel Islands Brussels Office was set up jointly by both Jersey and Guernsey 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.
A Guernsey-Jersey double taxation agreement was first signed in 1956. On 24 January 2013 Jersey signed double taxation agreements with Guernsey and with the Isle of Man. 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.