THE complexities of Guernsey law are said to be hindering legislative process. Advocate Gordon Dawes, a leading authority on the topic, said the five-year delay in enacting human rights legislation was a case in point.
‘Many fine words were uttered back in 2000 in the Billet and the corresponding States debate with our politicians convincing us how long overdue this law was,’ he said.
But a date has yet to be confirmed for its enactment.
‘It’s just wrong that these basic rights are still absent,’ said Advocate Dawes, author of the definitive modern textbook on Guernsey law.
A Policy Council spokesman explained what had been happening.
‘The delay in implementing the law has resulted from the need to ensure that States departments, committees and other public authorities in Guernsey, Alderney and Sark have taken all reasonable steps to ensure that the legislation, policies and practices for which they are responsible are broadly compliant with the requirements of the European Court of Human Rights.’
As a consequence of these internal reviews, it was noted that some new areas of legislation were required.
‘Not all aspects of Guernsey or Sark legislation or administration can be guaranteed to be compliant.
‘Known areas of non-compliance will be subject to legislative reforms proposed to the States in early course.’
But Advocate Dawes said all the important requirements, such as police and bail law, should be in place already.
‘While they are worrying about reforming obscure aspects of Guernsey law, such as inheritance, they overlook much more important failures such as the inaccessibility of the law to the public.’
He said by contrast, Jersey law was far easier to understand.
‘In Guernsey there is no law reporting. Legislation is very hard to come by. It’s not consolidated when amended, making it very difficult to read and understand. And Guernsey’s only law journal is five years out of date,’ he said.
‘It’s absurd to worry about the finer points of detail when the picture as a whole is a mystery to the man in the street.’
Article posted on 5th April, 2006 - 12.00am
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