By Ben Shenton
WE live in the Bailiwick of Jersey, a unique place with immense natural beauty, increasingly being destroyed by the actions of man. We are a bailiwick – proud of our independence, stability and heritage – a beacon in an increasingly dysfunctional world. Long live the Bailiwick of Jersey.
But what exactly is a bailiwick? A bailiwick refers to a jurisdiction of a Bailiff. The Bailiff of Jersey has several roles including:
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Chief judge.
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President of the States Assembly, carrying out functions of a presiding officer.
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Civic head of the Bailiwick of Jersey.
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Guardian of the constitution.
The position of Bailiff was created shortly after the Treaty of Paris in 1259 in which the king of England, Henry III, gave up claim to all of the Duchy of Normandy but the Channel Islands. In 1290, separate Bailiffs for Jersey and Guernsey were appointed.
As the States Assembly is a legislature it makes sense for the chief judge, someone who has expertise in law and legislation, to sit as independent chair of the Assembly. The impartiality is taken as read – to be chief judge impartiality and an understanding of the law are essential qualities.
I sat in the States Assembly for six years and not once did I encounter even the slightest partiality or unprofessionalism from the Bailiff. When I was rebuked for speaking out of turn, or using unparliamentary language, it was always with justification. The understanding of standing orders and legislation allowed debates to be managed professionally and kept on track.
The Bailiff had no vote – this power was purely held by the elected representatives, ensuring no overlap in responsibilities.
Like many ancient Jersey traditions, it works well. Unfortunately, anything that works well puts us out of step with the UK, where very little works well. For selfish reasons, some local politicians would prefer a John Bercow-type character in the chair rather than a measured expert in law. John Bercow was Speaker of the House of Commons from 2009 to 2019 – when he resigned under a cloud. In 2020, a BBC news story reported that: “John Bercow was a “serial bully” while House of Commons Speaker, and would be banned from getting a parliamentary pass, a report has said. The Independent Expert Panel said “his behaviour fell very far below that which the public has a right to expect” from an MP. It also said his evidence showed he had been “a serial liar”.
The truth is that there is a group of local politicians who are unhappy that the Bailiff is the effective head of state, as you would expect in a Bailiwick. For the left, it is probably a class thing – why shouldn’t a working-class person be chair.
For others it is about position. If royalty or dignitaries visit, they are greeted by the Bailiff, as head of the bailiwick, rather than the Chief Minister and their merry band of followers. Some think the Chief Minister being head of state would be the better way. These individuals want to rush through a vote in self-interest, giving the public little time to have a voice.
The main protagonists appear to be the lefties in Reform and the bitter Better Way.
If the proposed change is all about democracy, I would suggest that instead of destroying our heritage and history they start by changing the system so the people actually have a voice at the ballot box.
At present we do not vote for the government (only the ministers and assistant ministers form the government). We do not vote for the Chief Minister. All we do is vote for the candidates, and we let the politicians elect the government.
The public did not vote to elect or remove former Chief Minister Kristina Moore, and we did not elect Deputy Farnham as Chief Minister.
When the government fell last year, we did not have a new election, as would happen in most jurisdictions, it was just sorted out within. Where else does the fall of a government not lead to the public having a voice?
Where else would a left-wing party, with a tiny percentage of the total vote and a love of anglicisation, be able to have members in government and, simultaneously in opposition, Scrutiny, being paid to scrutinise themselves?
While it may be lovely for a few to have a John Bercow-type in the chair if you are a socialist believing in the common-man philosophy, or you want to be head of state as Chief Minister when the King visits, these are selfish sentiments.
The proposal throws out not only the baby with the bathwater, but also hundreds of years of our heritage and tradition, and alters our DNA.
I cannot think of one politician who would have more gravitas as speaker than the Bailiff. We could end up with Deputy Southern or Deputy Mézec greeting world leaders and important dignitaries. Which current politician do you think would do a better job as head of state, and presiding officer of the States Assembly, than the Bailiff?
Maybe Constable Andy Jehan, who has brought the proposition, thinks that he has the qualities to anglicise our island and be Speaker. He wants to erode nearly eight centuries of tradition based on a one-and-a-half-page proposition, which is so short it could have been written while sitting on the toilet.
After his performance in respect of the Havre des Pas swimming pool debacle, where he told the media the Lido landlord had not paid rent, when he knew the landlord had simply withheld rent on legal advice as the landlord (his Property Services Department) had refused to undertake important repairs, I would question his credentials. But on second thoughts, maybe he sees himself as Jersey’s John Bercow.
I sometimes think politicians live in a bubble, and have absolutely no comprehension of what the important issues are. This is the wrong proposition, at the wrong time, brought for the wrong reasons.
There are serious issues that need to be dealt with now – I cannot think of a time during my life when the Island was in a more perilous state. People are struggling and ministers in this government think the removal of the Bailiff as the Speaker, because of perceived conflicts rather than actual conflicts they can evidence, is the most important issue. You could not make it up.
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Ben Shenton is a senior investment director. He is a former politician, Senator, who held positions such as minister, chair of Public Accounts Committee, and chair of Scrutiny. He also assists a number of local charities on an honorary basis.
