A FORMER Bailiff believes that the role should not be touched unless the public votes for change in a referendum.
Deputy Sir Philip Bailhache said it was “almost indecent” to remove the Bailiff from the historic role as President of the States “on the basis of such an insubstantial report”.
A renewed move to have an elected Speaker preside over the States Assembly will be debated next month after more than a third of the 49 States Members supported Infrastructure Minister Andy Jehan’s proposition.
If approved, his proposals 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.
Several ministers – Deputies Rob Ward, Sam Mézec and Lyndsay Feltham – as well as Assistant Chief Ministers Simon Crowcroft and Carina Alves, plus former Chief Minister Kristina Moore, signed the proposition which vouches for change on the basis of democracy, accountability and efficiency.
With 17 supporters so far, including all ten Reform Jersey representatives in the Assembly, it would require support from only another eight Members to be enacted.
But Deputy Bailhache, who served as Bailiff from 1995 to 2009, believes that none of the proposed changes should be made unless the majority of the people voting in a referendum respond “no” to the question: “Should the Bailiff remain the President of the States?”.
Sir Timothy himself stated at a Chamber of Commerce lunch in April that changing the role would alter Jersey’s constitution so fundamentally that the decision needs a referendum.
Deputy Bailhache took aim at Mr Jehan’s one-and-a-half-page report which he said was a “pale shadow” in comparison to the “fully reasoned report” accompanying a similar proposition in 2017.
He said: “To remove the Bailiff from the presidency of the States, and to change over 500 years of history on the basis of such an insubstantial report seems almost indecent.”
Deputy Bailhache continued: “If it were merely a political issue, it could be argued that the replacement of the Bailiff as Presiding Officer by an elected Speaker was something for the Assembly itself to determine. But it is not a purely political issue. It affects the constitution of the States.
“On constitutional issues, the opinion of the people is important and should not be brushed aside as being of no significance.”
He referred to changes in the composition of the States Assembly, which were put to referendums in 2013 and 2014.
“To attempt to rush through fundamental constitutional change on the back of the Bailiff’s retirement without any consultation with the public is hardly a good example of representative democracy,” he said.
One of his overriding arguments was that there had been “no popular clamour for change”, “little public discussion outside the bubble of the States Assembly”, and “little indication from comments in the media that the public is really engaged”.
He noted that a referendum would involve costs to print ballot papers and the requisite media campaign “which should not exceed £20,000 in total”.
The costs could be much lower if it was held at the same time as a General Election, he said.
