Spending commitments to Alderney and Sark under review

Spending commitments to Alderney and Sark under review
  • An independent panel, the Bailiwick Commission, established by Guernsey, Alderney, and Sark.
  • The Commission will review constitutional, economic, and working relationships between the three jurisdictions.
  • Five external experts have been appointed as Commissioners, with Sir Robert Neill as Chair.
  • The Commission is expected to gather evidence over 12-18 months and will publish its final report by September 2027.
  • The public will be asked to contribute feedback and ideas.

The governments of Guernsey, Alderney, and Sark have jointly announced the establishment of the Bailiwick Commission, an independent panel tasked with reviewing the constitutional, economic, and working relationships among the three jurisdictions.

This initiative aims to ensure that the relationships are suitable for addressing current and future challenges.

The Commission will operate independently from the governments of the islands, which cooperated to establish the terms of reference, constitutional framework, and appointment of Commissioners.

Scope of the Commission

During its inquiry, the Commission will determine how best to ensure that the interests of all three jurisdictions are protected, balanced and advanced, and make recommendations following review of the areas in scope.

Constitutional relationships

• Review the existing constitutional and governance arrangements within the Bailiwick and consider how these impact upon inter-island relations and cooperation.

• Consider the strategic, policy, administrative and operational support that is, and might be, provided to the governments and legislatures of the islands.

• Review the adequacy of current mechanisms for cooperation and whether existing governance structures support effective working and accountability for all islands.

• Consider how to ensure that the islands’ governments and machineries of government are equipped to:

  • Achieve and maintain modern democratic norms;
  • Set and meet regulatory standards to protect the interests of the economy, business and the public;
  • Provide services within their communities;
  • Meet respective international obligations.

• Consider the Dispute Resolution Mechanism (which is currently a draft framework for resolving disputes between the jurisdictions but needs to be finalised).

• Review the management and operation of external affairs and engagement, which is currently generally led by Guernsey (and undertaken on behalf of the Bailiwick when appropriate).

• Identify and address any areas of confusion or misunderstanding in the complex inter-island relationships: with a view to ensuring clear oversight, processes and accountability for decision making and service provision.

• Make recommendations as to how the constitutional and governance arrangements might work in the future.

Legislative and Judicial Framework in the three jurisdictions and between the islands

• Examine the legislative processes for enacting civil and criminal legislation across the Bailiwick to consider if they are fit for purpose.

• Consider the links between the judicial systems of the three Bailiwick jurisdictions.

• Make any observations on the functions of the Law Officers of the Crown in relation to intra-Bailiwick matters and in support of each island’s legislative process and specific needs.

Economic Relationships

• Consider the economic, trade, investment and business links with a view to future economic sustainability.

International Agreements

• Consider the manner in which international agreements are extended across the Bailiwick and the effectiveness of current arrangements.

Service Provision

• Review how services are provided by the States of Guernsey to residents of the other Bailiwick islands under various formal and informal arrangements and how those services are funded.

For Guernsey and Alderney:

• Review the existing relationship.

• Review the 1948 Agreement between Alderney and Guernsey, as amended, which makes provision for transferred services by Guernsey for Alderney residents and includes the payment of Guernsey income tax by Alderney residents. It also enables Guernsey to legislate for Alderney in relation to the transferred services without consent and provides for two Alderney representatives to be members of Guernsey’s parliament.

• Consider the current financial arrangements, including revenue raising, taxation and public spending responsibilities.

• Consider whether the 1948 Agreement remains fit for purpose now and in the future, and whether there is any new arrangement which could be adopted by Alderney and Guernsey instead.

• Review whether the Alderney Liaison Group is an appropriate forum for discussions regarding Alderney and Guernsey issues.

• Consider whether to recommend any changes to the relationship.

For Guernsey and Sark:

• Review the existing relationship.

• Review and consider the delivery of services between Guernsey and Sark.

• Review whether the Sark Liaison Group is an appropriate forum for discussions regarding Sark and Guernsey issues.

• Consider whether to recommend any changes to the relationship.

For Alderney and Sark:

• Review the existing relationship.

• Review and consider whether to recommend any changes to the relationship.

Guernsey has committed £500,000 to fund the project, Alderney £15,000 and Sark will consider “in kind contributions”.

The Commission comprises five independent experts: Sir Robert Neill KC (Chair), Dr Lisa Cameron, Lord Carwyn Jones, Professor Caroline Morris, and Philip Rycroft.

Policy & Resources President Deputy Lindsay de Sausmarez said: “The Bailiwick Commission will consider how to ensure that the relationships between the Bailiwick islands are fit for purpose so that we can best meet the challenges and opportunities ahead in our increasingly complex world.”

The Commission is expected to operate for a period of 12-18 months. It will assess current relationships and encourage engagement from the Bailiwick community.

Alderney States Member Jeannie Cameron highlighted the importance of local involvement, stating that the independence of an external commission ensures that its work is effective. She pointed out that one significant aspect of the relationships involves the 1948 Agreement, which is approaching its 80-year mark. A review of this agreement is part of the Commission’s deliberations.

Alderney residents pay Guernsey income tax. Guernsey funds services including education, the hospital and Alderney Airport.

The final report, which will include recommendations to be considered by the governments of the islands, is projected to be completed by the end of September 2027.

The establishment of the Bailiwick Commission has received legislative support from both Guernsey and Sark parliaments, while the matter will be discussed by the States of Alderney in March.

Conseiller John Guille, Chair of the Chief Pleas Policy and Finance Committee in Sark, welcomed the establishment of the Commission.

He emphasised that it provides an opportunity for meaningful community dialogue on pressing challenges, such as healthcare access and service delivery, stressing the necessity of community input for the success of the initiative.

The full terms of reference can be accessed at gov.gg/BailiwickCommissionEstablished.