COMPENSATION for Sark tenants who lose their right to sit as members of Chief Pleas is back on the agenda. An extraordinary general meeting of the assembly has been called to discuss amendments to the proposed reform law that sets out the path away from feudalism to democracy.

But it has been leapt on as an opportunity to have the concerns of Sir David and Sir Frederick Barclay debated.

The Brecqhou owners will object to the law when it goes for royal assent unless various issues, including the Seigneur’s powers, are addressed.

Tenant John Donnelly has proposed submission of both The Reform (Sark) Law, 2007, and The Real Property Law be postponed until legal advice has been taken and there has been a debate on Sir David and Sir Fredrick’s concerns.

‘I just think Chief Pleas should be given another look at these matters,’ he said.

It is questionable how much appetite the assembly will have to debate the issue, with many of the points having been considered already.

Attached to the proposal is a draft of the Brecqhou owners’ petition.

It sets out their concerns, saying that the law suffers from ‘manifest defects’.

The Seigneur’s membership of Chief Pleas has not been addressed, it added.

‘Your petitioners question the appropriateness of the Seigneur having the unrestricted right to speak at meetings of Chief Pleas, albeit without the right to vote, as well as power to veto any ordinances made by Chief Pleas.’

In the draft petition, the brothers say the Seneschal should be either judge or president of Chief Pleas, not both.

They also address the issue of tenants being deprived of the right to Chief Pleas membership without compensation. Under the reforms, Sark’s government will be formed from deputies and elected tenants for the next term.

The Brecqhou owners argue that the right of tenants to sit in Chief Pleas is one of property and, except in emergencies, compulsory acquisition of property without full compensation is contrary to accepted legal principles. They believe the reform law should outline the relationship between Sark and the UK.

Sir David and Sir Frederick’s draft submission also looks at what they see as problems with The Real Property (Transfer Tax, Charging and Related Provisions) (Sark) Law, 2007.

Among the issues are what happens when the property transaction is a lease being granted.

The pair are the subject of reports that they are securing several tenements in Sark on a long lease, then paying a peppercorn rate which would avoid paying treizieme, the current property transfer tax, to the Seigneur

Chief Pleas meets on 29 August.

The Ministry of Justice is responsible for the Crown Dependencies’ constitutional relationship with the UK.

A spokesman said its position remained that constitutional reform on Sark was a matter for decision by Chief Pleas.

‘We will consider the draft legislation in the usual way when in due course it is submitted to us for royal assent,’ said the spokesman.

‘It would be premature and inappropriate for the Ministry of Justice to take any decision on the ECHR-compliance of the proposed solution until we have sight of the legislation as passed by Chief Pleas, together with the advice of the Guernsey Law Officers and Ministry of Justice lawyers.’