For centuries, the Bailiff has acted as speaker of the States Chamber. However, concerns have been raised about whether this is compatible with his role as the head of the Island’s judiciary.
Today the States were due to make a decision on whether to remove the Bailiff from the Assembly and replace him with an elected speaker.
The Bailiff’s position has been under increased scrutiny following recommendations made by the Independent Jersey Care Inquiry in the summer to reconsider two reports – the Clothier and Carswell reviews – which both called for an end to the dual role.
There is a growing sense that the dual role of the Bailiff may come to an end, with the proposals, lodged by Chief Minister Ian Gorst, gaining some support from both sides of the Chamber. However, there are a number of Members who wish to preserve the Bailiff’s historic office.
If approved, the proposition would remove the Bailiff from the States following the general election in May. The dual role of the Bailiff was first established in 1618, following disputes between the then Governor, Sir John Payton, and the Bailiff, Jean Hérault. The Privy Council ruled that the Bailiff would take the ‘seat of precedence’ in both the court and the Chamber.
The speaker would instead come either from among the elected Members of the Assembly, or by appointing a person who is not a Member of the Assembly but who would be eligible for election to the Assembly.
In his proposition, Senator Gorst said that the Island was not meeting ‘modern democratic principles’ by having an unelected speaker of the law-making States who is also the head of the law-interpreting courts.
A string of amendments have been lodged to the proposals, one of which could see the matter become the subject of an Islandwide referendum.
External Relations Minister Sir Philip Bailhache – who is a former Bailiff and brother of the current Bailiff Sir William – said that the matter should be a decision for the people of Jersey, as it was a constitutional, and not a political, matter.
And Senator Philip Ozouf has lodged a proposition which states that if a referendum is put in place, then the results would be null and void if there is not a majority of registered voters taking part.
Meanwhile, the Privileges and Procedures Committee want the introduction of an elected speaker postponed until 2019, rather than immediately after the next general election in May, as they say they need more time to bring forward the required legislation, if the Bailiff is replaced.
