St Brelade Deputy Montfort Tadier has lodged a proposition calling for the Bailiff, who acts as both the Island’s chief judge and President of the States, to be replaced in his Assembly role by an elected Member.
The dual role of the Bailiff has been under the spotlight for a number of years.
Critics say the Bailiff holds too much power and should not sit in both the law-making States and law-interpreting courts.
Both the Clothier Report, spearheaded by UK parliamentary commissioner Sir Cecil Clothier in 2000, and the Carswell Review, led by Lord Carswell in 2010, recommended that the Bailiff should be removed from the Chamber.
In its report published last week, the Independent Jersey Care Inquiry recommended that consideration should be given to implementing the Clothier and Carswell reviews.
The panel, chaired by Frances Oldham QC, said that the separation of powers would help ease the ‘fear factor and lack of trust’ that has become part of the ‘Jersey Way’.
In the proposition, Deputy Tadier said: ‘The case for the Bailiff to cease being President of the States Assembly and for the States to elect its own speaker from within the ranks of the elected membership are well-rehearsed and increasingly compelling.’
The States debated a similar proposition from Deputy Tadier in November last year, which was rejected by 31 votes to 13. Many of those voting against the proposal argued that it lacked detail on how the role of an elected speaker would work in practice.
