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House of Commons Justice Committee Crown Dependencies Eighth Report of Session 2009–10 Volume II Oral and written evidence Ordered by The House of Commons to be printed 23 March 2010 HC 56–II Published on 30 March 2010 by authority of the House of Commons London: The Stationery Office Limited £0.00 The Justice Committee The Justice Committee is appointed by the House of Commons to examine the expenditure, administration and policy of the Ministry of Justice and its associated public bodies (including the work of staff provided for the administrative work of courts and tribunals, but excluding consideration of individual cases and appointments, and excluding the work of the Scotland and Wales Offices and of the Advocate General for Scotland); and administration and expenditure of the Attorney General's Office, the Treasury Solicitor's Department, the Crown Prosecution Service and the Serious Fraud Office (but excluding individual cases and appointments and advice given within government by Law Officers). Current membership Rt Hon Sir Alan Beith MP (Liberal Democrat, Berwick-upon-Tweed) (Chair) Rosie Cooper (West Lancashire Labour) David Heath MP (Liberal Democrat, Somerton and Frome) Rt Hon Douglas Hogg MP (Conservative, Sleaford and North Hykeham) Siân James MP (Labour, Swansea East) Jessica Morden MP (Labour, Newport East) Julie Morgan MP (Labour, Cardiff North) Rt Hon Alun Michael MP (Labour and Co-operative, Cardiff South and Penarth) Robert Neill MP (Conservative, Bromley and Chislehurst) Dr Nick Palmer MP (Labour, Broxtowe) Linda Riordan MP (Labour and Co-operative, Halifax) Andrew Turner MP (Conservative, Isle of Wight) Andrew Tyrie MP (Conservative, Chichester) Dr Alan Whitehead MP (Labour, Southampton Test) Powers The committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the Internet via www.parliament.uk. Publication The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the internet at www.parliament.uk/justicecom Committee staff The current staff of the Committee are Fergus Reid (Clerk); Dr Sarah Thatcher (Second Clerk); Gemma Buckland (Committee Specialist); Hannah Stewart (Committee Legal Specialist); Ana Ferreira (Senior Committee Assistant); Sonia Draper (Committee Assistant); Henry Ayi-Hyde (Committee Support Assistant); and Jessica Bridges-Palmer (Committee Media Officer). Contacts Correspondence should be addressed to the Clerk of the Justice Committee, House of Commons, 7 Millbank, London SW1P 3JA. The telephone number for general enquiries is 020 7219 8196 and the email address is [email protected] Witnesses Tuesday 15 December 2009 Page Professor Alistair Sutton, White and Case Ev 1 Tuesday 2 February 2010 Mr Patrick Bourke, Deputy Director, International Division and Mr Karl Banister, Assistant Director, Constitutional Law, Ministry of Justice and Mr Steven Effingham, Leader of the International Tax Team, HM Treasury Ev 11 Tuesday 2 March 2010 Lord Bach, Parliamentary Under-Secretary of State, Mr Patrick Bourke, Deputy Director, International Division and Ms Farida Eden, Constitutional Ev 19 Law Specialist, Ministry of Justice List of written evidence 1 Joseph and Micheline Angela Ev 28 2 ATTAC France and ATTAC Saint-Malo Committee Ev 29 3 Attac Jersey and the Tax Justice Network Ev 34 4 Sir David and Sir Frederick Barclay Ev 37 5 Paul Carney Ev 42 6 Chief Minister, States of Jersey Ev 44 7 Combined Isle of Man Ex-Service Associations Ev 48 8 Crown Appointments in the Bailiwick of Guernsey Ev 49 9 Deputy St Martin, States of Jersey, States Assembly Ev 50 10 Michael Dun, Jersey Ev 56 11 Health Food Manufacturers’ Association Ev 61 12 Isle of Man Government Ev 68 13 Isle of Man Pensioners Association Ev 72 14 Kaupthing Singer & Friedlander Isle of Man Depositors Action Group Ev 73 15 Landsbanki Guernsey Depositors Action Group (The Association) Ev 81 16 Ministry of Justice Ev 82, 83, 86 17 National Association of Health Stores Ev 90 18 Policy Council of the States of Guernsey Ev 92 19 Policy and Finance Committee States of Alderney Ev 96 20 Positive Action Group, Isle of Man Ev 97 21 Edward John Power Ev 101 22 Seneschal of Sark Ev 102 23 Sark General Purposes and Advisory Committee Ev 103 24 Tomaž Slivnik Ev 104 25 Tax Justice Network Ev 107 26 Lord Wallace of Saltaire Ev 125 Reports from the Justice Committee since Session 2008–09 The reference number of the Government’s response to each Report is printed in brackets after the HC printing number. Session 2009–10 First Report Cutting crime: the case for justice reinvestment HC 94 (Cm 7819) Second Report Work of the Committee in 2008-09 HC 233 (n/a) Third Report Appointment of HM CPS Chief Inspector HC 244 Fourth Report Appointment of HM Chief Inspector of Prisons HC354 Fifth Report Constitutional processes following a general election HC396 Sixth Report Draft Civil Law Reform Bill: pre-legislative scrutiny HC 300 Seventh Report Justice Issues in Europe HC162 Session 2008–09 First Report Crown Dependencies: evidence taken HC 67 (HC 323) Second Report Coroners and Justice Bill HC 185 (HC 322) Third Report The work of the Information Commissioner: appointment of a new HC 146 (HC 424) Commissioner Fourth Report Work of the Committee in 2007–08 HC 321 (n/a) Fifth Report Devolution: a decade on HC 529 (Cm 7687) Sixth Report Sentencing guidelines and Parliament: building a bridge HC 715 (Cm 7716) Seventh Report Constitutional reform and renewal: Parliamentary Standards Bill HC 791 (HC 1017) Eight Report Family legal aid reform HC 714 (HC 1018, and HC 161, Session 2009–10) Ninth Report The Crown Prosecution Service: gatekeeper of the criminal justice HC 186 (HC 244, system Session 2009–10) Tenth Report Draft sentencing guideline: overarching principles—sentencing HC 497 (n/a) youths Eleventh Report Constitutional reform and renewal HC 923 (HC 1017) Twelfth Report Role of the prison officer HC 361 (Cm 7783) Processed: 26-03-2010 20:03:45 Page Layout: COENEW [SO] PPSysB Job: 443746 Unit: PAG1 Justice Committee: Evidence Ev 1 Oral evidence Taken before the Justice Committee on Tuesday 15 December 2009 Members present: Sir Alan Beith, in the Chair Mr Douglas Hogg Mr Andrew Tyrie Alun Michael Dr Alan Whitehead Julie Morgan Witness: Professor Alastair Sutton, White & Case, gave evidence. Q1 Chairman: Professor Sutton, welcome. You have constitutional law is sometimes diYcult to draw. an impressive list of university chairs dotted about Sometimes, I think, judicial clarification is needed to the world, but we have got you in front of us today establish where the dividing line comes between because we think you can help us with some of the convention and law and I think the concept of good background to the inquiry we are just beginning on government, or good governance, is one such the Crown Dependencies, though I understand that concept; it is an abstract concept. If you were to ask you have an interest which you want to declare me, “Be more specific, Professor Sutton, and tell me before we invite you to give evidence. what you think it means”, I think it probably means, Professor Sutton: Yes, indeed. First of all, thank you not merely eVective, eYcient government, or for inviting me today. It is a subject which I find governance, as that term is very often used these interesting politically, legally and institutionally, and days at all levels, but in the case of the Crown it gets more interesting, I think, by the day with Dependencies what it has come to mean is that the international developments. I was with the intervention by the United Kingdom should only be European Commission for 20 years. When I left to where good governance ceases to exist, and that practise law, one of my first clients was the States of would be where there is really a breakdown in the Jersey, and they were followed later by the States of system of law and order, or civil governance, to the Guernsey and the Isle of Man. I should make it quite point where outside intervention becomes necessary. clear, these are not my only clients—I am a partner in the firm of White & Case—but they are a significant part of my work. If I may continue for Q4 Chairman: There would have to be rioting in the one minute on that theme, I would say that I think streets, do you think, before good governance would the reason why I was asked to help them back in 1989 be activated? had to do with my previous job, which was as a Professor Sutton: When I have thought about this Member of Cabinet for Lord Cockfield when he concept I have come to it, in a sense, from the other came to Brussels in 1985 when Jacques Delors end, because I think anything more unlikely than launched the single market, quite successfully really. rioting in the streets is hard to imagine in Jersey, It led to their seeking advice in Brussels. That was Guernsey and the Isle of Man. I am not going to the point. make comparisons with other jurisdictions, but it is absolutely clear that the Crown Dependencies over Q2 Chairman: Do we understand that you still have the last ten years or more have been subjected to a contractual relationship, because the islands are independent objective external scrutiny, amongst your clients in respect of their European interests? others, by the OECD, by the IMF and, more Professor Sutton: I do not have a contractual recently, in the Foot Report—all those reports, by relationship with them.
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