OVER the centuries, islanders have relied on the public spirit of their fellows to help Guernsey function through the voluntary service better known as the parish system.

Douzeniers and constables and other parochial officials are a familiar and cherished part of local life and heritage and, while recent government changes have threatened it, it appeared in reasonably robust good health.

Until now.

A court ruling has, in the view of the advocate defending the matter, placed the entire parochial administrative system at risk.

The reason is that the Petty Debt Court agreed that the Castel’s junior constable could be actioned in person rather than it being the constables and douzaine of the Castel who should be sued.

Quite why the complainant – who was seeking compensation for his vehicle having been moved – would want to go after junior constable Barry Paint in person rather than the douzaine in general when the objective was to get money for the damage caused has not been explained.

Nevertheless, leaving aside the legal niceties, most islanders will see this as a pretty black and white affair.

The van was a wreck and filled with rubbish. It had been moved on once before. Having been so instructed by the senior constable, Deputy Paint set about having it removed and a bit fell off.

Would he have got involved other than because of his parochial responsibilities? No. Now, however, every parish official – and there are more than 120 of them – faces a personal risk of litigation every time they carry out their legal duties on behalf of the parish.

Is that the state of affairs centuries of custom and practice intended? Absolutely not. Yet the Petty Debt Court held that it was not the function of any court to grant immunity to elected officials where none had been provided by legislation.

And as a result, this is going to have to go to the the States with all the delays and damage to the parochial system until legislation is enacted, legislation that has not been needed since at least the 1300s.

The court’s ruling might be a sound judgement – but islanders won’t see that it makes any sense.