Sark challenged over new laws

Friday 5th October 2007, 12:00AM BST.

SARK’S new constitutional reform law is facing two challenges in front of the Privy Council. Sir David and Sir Frederick Barclay and a Sark resident have petitioned against

the legislation passed by Chief Pleas as the island attempts to move towards full democracy.

The Brecqhou owners are known to be unhappy about the power the reforms still leave the Seigneur and that tenants will not be compensated for losing their automatic right to sit on Chief Pleas.

The UK will be keen to ensure the reform law is not open to human-rights challenges as it could be put in the position of defending any action in Europe.

Seneschal Reg Guille updated Chief Pleas on the reform law and new property tax law.

‘The property transfer tax and the reform law have been petitioned by Sir David and Sir Frederick Barclay,’ said Mr Guille.

‘A counter petition has been lodged with the Privy Council in that regard. I can also confirm having had contact with the Ministry of Justice that the Sir David and Sir Frederick petition was submitted quite late. However, we were trying to get this through the Privy Council on Monday.’

Because consideration is needed on the petition, counter petition and the one lodged by the Sark resident it means the laws will be addressed later than that.

‘It is likely to go before the Privy Council in November,’ said Mr Guille.

Sark’s move away from feudalism has been dogged by difficulties. The constitutional reforms have gone for a staged approach, first moving to a house consisting of elected tenants and deputies. A referendum would then decide whether to move to full democracy.

But it is the unelected Seigneur’s position that appears to have caused disquiet. Under the proposals, he retains certain feudal powers, such as the temporary power of veto of ordinances and the right to speak in Chief Pleas.


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