This Is Guernsey

By Simon Tostevin

FAILURE to reform the roles of the Seigneur and Seneschal could see the Privy Council threatened with another judicial review. The latest edition of Sark News, released with the approval of Brecqhou owners Sir David and Sir Frederick Barclay, suggests that if Lord Chancellor Jack Straw gives approval for the proposed Reform Law to obtain Royal Assent without addressing the position of the Seigneur and Seneschal, such a review is ‘once more likely’.

But Minister of State at the Ministry of Justice Michael Wills, who is scheduled to visit Sark today, said that now was not the time to address those positions.

He said a judicial review was a matter for Sir David and Sir Frederick to consider and he could not comment except that Privy Council’s position had always been that the legislature of Sark should be considered first.

‘When that is done the democratic chamber should consider other aspects of the island’s constitution.

‘The Reform Law should proceed first because we are aware that there are elections at the end of the year and we are keen for these to take place under the new arrangement so it’s a fully-elected democratic chamber. That will then be the time to look at other issues.’

The Privy Council was threatened with similar action at the beginning of the year if it did not release information of a counter petition to the Barclays’ petition opposing the Reform Law.

Sir David and Sir Frederick are known to be unhappy about the powers the reforms still leave the Seigneur and Seneschal.

Last month Mr Straw told Sark it must elect a democratic legislature with no seats reserved for land-owning tenants.

He rejected Chief Pleas’ proposals for a House with 12 of the 28 seats reserved for tenants.

And although Mr Straw had serious concerns about references in the law to the functions of the Seigneur and the Seneschal, he said these were matters to be debated at a later date and not part of the legislation he would be prepared to recommend for Royal Assent.

A petition submitted by Sir David and Sir Frederick to the Privy Council in November questioned an unelected Seigneur retaining the right to sit and speak in Chief Pleas, the temporary power to veto any ordinance and the annual stipend of £28,000.

The petition also said the dual role retained by the Seneschal as judge of Sark’s court and president of Chief Pleas was incompatible with human rights.

‘I want to explain to them why we have taken the view we have and we very much hope that Sark will push forward with its constitutional change programme at the next Chief Pleas meeting on 21 February.

‘It’s not our position to meddle with the island’s affairs but we are responsible for the island’s compliance with international obligations.

‘We are responsible for the good governance of the Crown Dependencies and we did not feel with the way the law was proposed to us that it was appropriate for a modern democracy.’

Mr Wills has appointments with Chief Pleas and the Seigneur today but said that, on his second visit to the island, he wanted to make himself as available as possible to the people.

He added that Mr Straw was also eager to visit Sark and rejected claims that the Privy Council was secretive and not open or transparent enough.

‘We don’t recognise that description of the process. The Privy Council procedure is not secret. Much of the information is available on the website after the meeting.’

* Mr Wills’s responsibilities include the Crown Dependencies, constitutional renewal, review of voting systems, democratic engagement, human rights and electoral policy including electoral modernisation.