UK Parliament Publishes Briefing On Overseas Territories

The UK House of Commons Library on Tuesday February 7, 2023 published a briefing on representing the Overseas Territories in the UK parliament and Government.

In a summary which covers the division of responsibility within the UK Government, the Commons Library Briefing refers to the 14 UK overseas territories, including Montserrat, with their population as British citizens forming the same undivided realm with the UK where King Charles 3rd is sovereign and both the UK parliament and Privy Council having unlimited power to legislate for them.

The Commons briefing points out however that in practice, elected Territory governments have substantial autonomy in domestic affairs, and that UK legislation relating to them is rare and often controversial with Territory governments.

The Commons Library briefing states that an introduction and relations with the UK, provides an overview of the Territories and the UK’s responsibility for them.

This briefing sets out UK ministerial responsibility for the OTs, debates on their representation in the UK Parliament, challenges raised, and proposals to strengthen OT scrutiny on legislation relating to the Territories in the UK.

Under the governance structure, the Commons Library briefing outlines that each Territory has its own constitution and system of Government…..emphasizing that for the larger Territories, their constitutions are based on the Westminster system with a ministerial system of government, elected parliaments or assemblies, a cabinet, and chief minister/premier.

It points out that all the Territories have a UK-appointed Governor, who generally holds responsibility for managing the Territory’s external affairs, defence and internal security like the police, and often the power to make or veto laws.

It says that aside from St Helena, Tristan da Cunha, Montserrat, and Pitcairn, the Territories are largely ineligible for UK aid and are instead economically self-sufficient.

Being separate governments, the UK does not bear liability for their debts and taxation is a Territory matter.

According to the briefing, as a matter of constitutional law, the UK Parliament has unlimited power to legislate for the Territories. However, passing legislation for the Territories is rare.

The most recent example was that in 2018 when the requirement to maintain registers of beneficial ownership was extended to the Territories.

The UK Government acknowledged the “ill-feeling” created over what many OTs felt was an “overreach” by the UK Parliament. Many Territories called for strengthened protections from such moves in the future.

The Foreign Affairs Committee is primarily responsible for scrutinizing UK Governors and the Government’s work with the OTs—its most recent report was published in 2019. The Committee is also sent draft Territory constitutions before they come into force to enable parliamentary scrutiny.

In May 2022, the Commons Speaker, Sir Lindsay Hoyle, hosted a conference of Speakers and officials from six Territories including Montserrat. The resulting communiqué included an undertaking to explore direct scrutiny by OTs within the committee system on issues relating to them and strengthening parliamentary democracies.

As it pertains to direct representation at Westminster, The Commons briefing states that many OT Governments and successive UK Governments have opposed representation in the UK Parliament.