Pressure on an old relationship

Currently, the most satisfactory answer to this question must be that it would be foolish in the extreme to upset the status quo – unless, that is, such a dramatic change were forced upon us by unacceptable threats to our political, judicial or fiscal autonomy.

However, in spite of the manifest benefits of a situation which couples the protection offered by the ancient direct link with the Crown and freedom to march to the beat of our own drum in matters of taxation, public administration and the rule of law, two separate and inimical sets of forces have begun to push constitutional change and independence higher up the agenda – as described in the six-part News Focus series which begins today on these pages.

The investigation into child abuse at Haut de la Garenne has given those at home and abroad who object to the Island’s already high level of independence a new line of attack. Their insistence that UK judges and prosecutors must officiate when abuse cases come to court strikes at the heart of our right to operate an independent judicial system and therefore at one of the foundations of our constitutional position.

But if critics of autonomous Jersey are attempting to push the Island into the arms of the UK, others believe that constitutional realignment as far as full independence might eventually be necessary to protect not only ancient freedoms but also our ability to make a living. It is argued that if the UK government were to try to force fiscal changes fatal to the finance industry – perhaps to secure favour with its fellow EU states – the Island would be compelled to go it alone.

It is further argued that the increasing extent to which our government relates directly to other governments and international agencies without UK mediation shows that we are already extending our autonomy.

Moreover, although the idea of a break with the UK – even while retaining the Queen as Head of State – has in the recent past been seen as far-fetched, influential voices at the highest levels are now saying that impediments to full independence would be few and anything but insurmountable. It is also pointed out that, in the opinion of many authorities, the UK would not stand in the way of a constitutional separation.

The second interim report of the Constitution Review Group, chaired by the Bailiff, Sir Philip Bailhache, spelled out very clearly that an independent Jersey is no mere pipe dream. It remains to be seen whether the picture of the future that, by implication, this groundbreaking report described ultimately becomes reality.