SPLITTING the dual role of the Bailiff would alter Jersey’s constitution so fundamentally that such a decision would probably need to go to a referendum, according to Sir Timothy Le Cocq, who has held the office since 2019.
Speaking at a Chamber of Commerce lunch event yesterday, Sir Timothy spoke about the much-debated role of the Bailiff as both the Chief Justice and the Presiding Officer of the States Assembly.
The position has come under intense scrutiny over the past two decades, with critics suggesting that the Bailiff should not be head of both the law-making States and the law-interpreting courts.
The 2000 Clothier Report into the machinery of government and the Independent Jersey Care Inquiry in 2017 argued that the role should be split.
And there have been attempts by politicians to make this change.
In 2013, a proposition by St Helier Constable Simon Crowcroft suggested that the States should elect its own President, but this failed. This was followed in 2017 by a more detailed proposition brought forward by then-Chief Minister Ian Gorst, which was successfully amended to include a public referendum. This commitment was later overturned.
In 2019, Reform Jersey leader Deputy Sam Mézec brought a similar proposition. He withdrew it after the States supported an amendment that would have put the matter to a referendum.
Speaking at the lunch at the Royal Yacht, Sir Timothy said: “It will not surprise you to hear that I think that there are a number of advantages to maintaining the status quo and I do not personally see a conflict between the Bailiff’s roles. But questions such as this are matters of a constitutional nature and, ultimately, they’re matters to be decided by the Assembly, subject of course to the approval of his Majesty and counsel.
“If the Bailiff were to be removed [as speaker of the States], however, careful consideration will be needed to be given to who will replace him or her.”
He said that a States Member becoming speaker would take out a “skilled politician” from a small parliament, and that they would bring political baggage.
He added: “I can see some theoretical justifications for a change. And I can equally see theoretical justifications for maintaining the status quo.
“In my own view, however, as indeed the Assembly has resolved in the past, if there is to be a change, then this is a matter of such fundamental constitutional nature, carrying a very possible effect on the civic headship, amongst other things, that it probably should be ratified by a referendum so the people of Jersey can have their final say.”
In his speech, Sir Timothy shared anecdotes about the role – including how “a touch of rivalry” with the Deputy Bailiff had led them to learn parts of their speeches to visiting diplomats in foreign languages.
Asked about the lack of women in the role – which has always been held by a man – he argued that it was “absolutely time that we have a female Bailiff”. However, Sir Timothy explained that there were no women candidates currently in the “pipeline”, with occupants traditionally rising through the ranks of Solicitor-General, Attorney-General and Deputy Bailiff.
He added: “As a proud Jerseyman who has made law his career, I hold, in my mind, the best job in the world.”
