UK LORD Chancellor Jack Straw is being challenged on transparency over Sark’s proposed shift towards democracy. This has led to a delay in draft laws going before the Privy Council which would move the island away from feudalism.
The Ministry of Justice said it has received a letter from Sir David and Sir Frederick Barclay’s solicitors seeking ‘disclosure of matters relating to consideration of the proposed law’.
At least two petitions have also been submitted on the island’s reform law, one from the Brecqhou owners and another from an unknown Sark resident.
Mr Straw is the Lord Chancellor and Secretary of State for Justice. He has seen the law and petitions because he is the senior member of the Committee for Affairs of Jersey and Guernsey, a committee of the Privy Council and the islands’ link with the Crown.
‘The Lord Chancellor has identified an issue around the extent to which petitions should be shared between interested parties and he has requested further advice on this and other points,’ said a ministry spokesman yesterday. ‘This advice will not be available in time to enable the Privy Council’s consideration of the laws to go ahead today.’
The spokesman added that it would be ‘inappropriate’ to disclose details of the correspondence received from individuals without their consent.
It is not known when the issue will now go before the council.
‘This will depend on the advice which the Lord Chancellor has requested.’
The council’s meeting are traditionally held behind closed doors.
Sir David and Sir Frederick’s petition against the reform law’s introduction cites issues including the powers retained by the Seigneur.
And it says there are defects in the constitution submitted by Sark.
It also argues that changes are also needed to the proposed new property tax law.
‘As Your Most Excellent Majesty’s Privy Council will recognise, this humble petition raises constitutional issues of the most fundamental importance,’ it says.
‘Your Petitioners, therefore, invite Your Most Excellent Majesty’s Privy Council, should you not immediately decline to give Royal Sanction to the proposed Reform and Tax Laws, to hold a hearing at which Your Petitioners arguments can be orally presented, having supplied Your Petitioners in advance with the preliminary views of Your Majesty’s Privy Council.’
* Sark’s Chief Pleas have gone for a staged approach to constitutional reforms, first moving to a house consisting of elected tenants and deputies.
A referendum would then decide whether to move to full democracy.
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