Sailing close to the wind

NEXT week the States will meet for the last time before the general election. Over two days they have no fewer than 24 items to discuss, as well as the usual periods of questions. These items will be debated and voted on by at least ten States Members who have already announced that they are not standing for re-election. This is a poor reflection on democracy – the decisions that will be taken will have been rushed through and other important matters may just run out of time and be left hanging for the next couple of months.

One of the propositions that is due to be debated relates to a new Code of Practice to govern the relationship between ministers and scrutiny panels. The code includes a commitment by ministers that they will not publish major policies or laws in the six-month period leading up to a general election. Had this already been agreed, the current unseemly rush would have been avoided.

One of the retiring Members is Senator Sir Philip Bailhache. Sir Philip has had a long and distinguished career and his legal knowledge and insight will be missed in the next Assembly. He has never been afraid to be controversial and to speak his mind. As a member of the Council of Ministers he has also shown himself to be independent.

Most recently, he sought to oppose part of the Chief Minister’s proposition to transfer more powers to the centre. Senator Gorst published his proposals in early January and they were debated in March, less than six months before the election. The importance of this timing becomes particularly pertinent if the voting numbers are analysed. Sir Philip’s amendment was defeated by just two votes. Of the 24 Members who opposed his ideas, nine Gorst supporters are not standing again. Supporting Senator Bailhache, there were 22 Members, of whom just three are retiring. Excluding retiring members, the Senator would have comfortably won his amendment by 19 votes to 15 and perhaps would have been persuaded to stand again himself.

There are two important lessons to note here – the States must never again allow important decisions to be taken so close to an election. The new Code of Practice should be adopted and then followed rigorously. The States should also review the ability to pass major legislation on a simple majority. Most parliaments require a stronger majority (often set at two-thirds) to pass constitutional changes.