Barclays’ Sark case puts Bailiff’s role in spotlight
Wednesday 3rd December 2008, 2:30PM GMT.
Guernsey’s Bailiff, Geoffrey Rowland. The role has been challenged by a Court of Appeal ruling.
THE Bailiff’s dual role has been called into question by a Court of Appeal ruling in London yesterday.
Sir David and Sir Frederick Barclay achieved some success in their challenge to Sark’s political reforms, with judges finding that the dual role of the Seneschal as senior judge and ex officio president of the island’s government, Chief Pleas, breached the ‘fair trial’ provisions of the European Convention on Human Rights.
While Guernsey’s Bailiff also holds a dual role, since a ruling of the European Court of Human Rights in 2000 the job has become increasingly distanced from politics. Another important distinction is the role the Jurats play in Guernsey’s courts.
But there will still be pressure from those keen for a perception of greater independence.
‘It is inevitable that some will say this judgment has significance for the role of Bailiff in both Guernsey and Jersey, but there are distinctions,’ said Sir David and Sir Frederick’s advocate, Gordon Dawes.
‘After the McGonnell [housing] case, changes were made to the office of Bailiff. The Bailiff no longer sat on States of Deliberation committees and he became an increasingly apolitical figure.’
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If we are honest with ourselves far to many people in power have too many entitlements. The majority have conflicts of interest and this goes a long way towards clouding issues which should be simple to work out!
Locals that see things as black or white tend to look and be allowed to get away with grey matter. Our dictatorship is finally being challenged! Good!
This Island is desperate for reform! Maybe this is the start?
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Why does it take this to put the Bailiff’s role in the spotlight? It’s been obvious for years that heading the legislature and the judiciary is wrong.
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As a former States Member I can say that in the past questioning the role of the Bailiff, Jurats, Law 0fficers,etc.,was something not really done because it was wrongly seen as questioning the integrity of those holding such offices or questioning Guernsey’s independent system.
I have had the priviledge of serving the public when some people of exceptional quality have held the office of Bailiff, Deputy Bailiff, Crown Officer appointments and indeed Jurats.
It is in no way disloyal to Guernsey’s special status and independence to examine our current structures and see what reforms, if any, need to be brought in.
We also need to bear in mind that whilst in the UK they have largely brought about the separation of powers, they are in no way immune from criticism themselves.
You could also argue that in political democratic terms, there are many aspects of our system that are more democratic than the UK’s. We do not, for instance, have a House of Lords and our system of electing our Deputies, whilst stile needing more improvement, is more democratic than their system of electing MP’s.
Our States does have Members who can act as Speaker in the absence of the Bailiff and Deputy Bailiff and when they have been called to do so, they have done a good job.
It is time that our Speakers were modelled on those of the UK Parliament and other democratic institutions. The legal and political officers who sit in the States to assist the States should only serve the States and not have other legal responsibilities, because this is not a proper separation of powers. There must be a sensible and logical way of addressing this issue.
In respect of our Jurats, we are indeed fortunate that they are elected into their positions by the States of Election, but they are precluded from presiding over some cases.
It would only be right to see whether we should bring in a Jury system here.
My point about all of this is that we should not be afraid of open discussion on all these matters and if we do this, we will only benefit in the long run, even if our pace of change and evolvement is slow and cautious.
Tony Webber
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i could not agree more
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I’d like to see the law written in clear concise language, not legal gobbledegook for the benefit of lawyers. If we cannot understand the law, how is it reasonable for the common man to be ruled by it?
Jurats appointed by Deputies is a clear conflict of interest. Bring on juries.
The Bailiffs dual role is a quaint anachronism. the Bailiff should be democratically elected.
The Governor role is an invisible job with no job discription and has no productive output. The role needs a 100% budget cut.
And island wide voting is a must. The Parish system is defunct.
Yes we’re miles behind and have much to modernise as the above shows. An inditement that Guernsey has a foot dragging establishment fearful to let go of its corrupt cling on islanders lives. Democracy rules (or should do)
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“The other man’s grass…”..?
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