Video: UK Committee On Overseas Territories

October 17, 2023

The House of Commons Procedure Committee held a hearing about the relationship with the British Overseas Territories, covering legislation, the possibility of representation for the Overseas Territories in the UK Parliament and more.

The official website said, “The Committee has been asked by the Speaker to examine options for Overseas Territories representation with the House of Commons Committee mechanism and proceedings more generally.

“The UK has 14 Overseas Territories [OTs]. Ten of these are permanently inhabited by British nationals. Each inhabited territory has its own executive and legislatives branches as well as a UK-appointed Governor. The Committee is reopening its inquiry into the House of Commons and the territorial constitution and specifically seeks written evidence on:

  • The role of the UK Parliament in creating legislation that extends to British Overseas Territories and whether Overseas Territories are sufficiently represented in this process
  • Whether the House of Commons committee system offers a vehicle for joint working between the UK Parliament and the Overseas Territories
  • What level of representation for the Overseas Territories in the UK Parliament would be most effective
  • The procedural steps required to allow for a degree of Overseas Territories representation in UK parliamentary proceedings
  • How the arrangements for Overseas Territories compare with those of the Crown Dependencies, and whether there are any lessons to be learnt.”

Professor Peter Clegg, Dean of Social Sciences, University of the West of England, and Jon Davies, Chief Executive, Commonwealth Parliamentary Association UK spoke at the meeting.

When asked about the way Overseas Territories view having legislation made at Westminster extended to them, Professor Clegg said, “I think they are very cautious about it. They are concerned about how decisions are made and the way in which legislation that might have a significant impact on them is framed.

“They believe that, yes, the UK Parliament is the sovereign Parliament in relation to the Overseas Territories, but that, if at all possible, there should be consent and discussion about how any legislation, made either through the UK Parliament itself or through Orders in Council, is implemented. I think that is very important.

“Also, there is a recognition that they are quite different. There are 14 Overseas Territories, four uninhabited, I think, and 10 inhabited. They have different economic profiles, different populations and different geographies, so there is great resentment—I think you could call it that—when legislation is imposed in a rather non-discriminatory way.”

When asked by an MP if he “detected any appetite for a copy of the US model, where a number of their territories have non-voting representatives within the House of Representatives, such as Puerto Rico, Guam, American Samoa and so on,” Professor Clegg replied, “My sense is that if you want a representative, you really want a full representative, rather than one that is somewhat constrained.

“In the written evidence, I think there were suggestions that, well, we only look at issues that are germane to us. So I think it is probably an unsatisfactory halfway house, which wouldn’t fundamentally change the dynamic of the relationship between the UK, on the one hand, and in particular the OT on the other. That is of course about whether you give them all representation, or do you give them a couple of seats and they share them between themselves? Again, there are practical issues as well there.”

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