RENEWED moves to have an elected Speaker preside over the States Assembly, ending the historic but controversial presiding role fulfilled by the Bailiff, will be debated next month.
More than a third of the 49 States Members have already signed up to support a proposition by Infrastructure Minister Andy Jehan which would see the election of a Speaker and Deputy Speaker, who would take office when the current Bailiff, Sir Timothy Le Cocq, retires next October.
Mr Jehan’s move has been supported by ministerial colleagues Rob Ward (Education), Sam Mézec (Housing) and Lyndsay Feltham (Social Security), as well as Assistant Chief Ministers Simon Crowcroft and Carina Alves, plus former Chief Minister Kristina Moore.
With 17 supporters so far, including all ten Reform Jersey representatives in the Assembly, the proposition would require support from another eight Members to be enacted.
Moves to end the dual role of the Bailiff in heading the law-making Assembly and the law-interpreting courts have surfaced regularly in recent years, including in 2018 when triggered by news of the impending retirement of Sir William Bailhache.
Mr Jehan spells out three primary grounds behind the proposition in the accompanying report:
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“Democracy: Electing a dedicated Speaker for the States Assembly will enhance our democratic reputation and culture by creating a dedicated role to engage in public outreach and promotion of democracy in our community.
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“Accountability: By establishing a clear separation between the States Assembly and the Royal Court, there is a greater chance that conflicts of interest (whether perceived or actual) can be avoided.
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“Efficiency: By relieving the Bailiff of his duties in the States Assembly, the Island’s top lawyer will be able to dedicate their time and energy to their role as chief judge, where their expertise are more relied upon.”
In a statement signed by all 17 signatories, Sir Timothy is thanked sincerely for his service since taking on the role in October 2019.
“He is warmly regarded by all States Members because of the way he has carried out his duties, and this proposition is not a comment on his performance or that of any potential successor,” the statement adds. “Rather, it reflects our shared belief in the need to modernise our constitutional arrangements.
“Multiple reviews over the last few decades have concluded that it is in our Island’s best interest to introduce a separation of powers between our Assembly and the court. We believe that the retirement of the current Bailiff provides an opportunity for a seamless transition.”
Deputy Mézec lodged a similar proposition in 2019, but subsequently withdrew it after Members supported an amendment which would have made the issue the subject of a referendum.
A subsequent compromise proposal from then Chief Minister John Le Fondré, criticised as “a typical Jersey fudge” by Deputy Mézec, was rejected by 31 votes to 16 in July 2019.
Mr Crowcroft has been another long-standing supporter of the move, pledging during this most recent debate that “we will keep coming back to the States until we are a mature democracy and choose to have an elected speaker”.
P.83.2024 – Supporters
Constables Andy Jehan (proposer) and Simon Crowcroft. Deputies Steve Ahier, Carina Alves, Max Andrews, Tom Coles, Alex Curtis, Catherine Curtis, Lyndsay Feltham, Raluca Kovacs, Sam Mézec, Kristina Moore, Beatriz Porée, Jonathan Renouf, Geoff Southern, Montfort Tadier and Rob Ward.
