Sark ‘will change when it chooses’
Thursday 3rd December 2009, 2:29PM GMT.

The Telegraph and The Guardian reporting yesterday on Sir David and Sir Frederick Barclay’s defeat in the Supreme Court over the extent of Sark’s government reforms. (Picture by Peter Frankland, 0881589)
SARK looks unlikely to voluntarily reform the unelected roles of the Seigneur and Seneschal any time soon.
Sir David and Sir Frederick Barclay’s legal team are preparing a case for the European Court of Human Rights in Strasbourg after losing a Supreme Court challenge.
They have six months to make a submission, which could take up to a year to be addressed by the court.
While the Supreme Court on Tuesday dismissed their case that these roles breached article three of the European Convention on Human Rights, more than a year ago the Court of Appeal had ruled the Seneschal’s dual role was not human rights compatible.
‘Given the success of Sir David and Sir Frederick at Court of Appeal level as to the fact that combining the role of speaker with judge was a breach of article six of the convention [right to a fair trial], Sark will now have to amend its legislation to separate those powers in any event,’ said their local advocate Gordon Dawes.
‘There is no reason why Sark should not voluntarily make further amendments as to the role of the Seigneur and Seneschal to make Chief Pleas fully democratic, which is Sir David and Sir Frederick’s goal.’
Sark conseiller Paul Armorgie was heavily involved in the island’s political reforms as it moved from 450 years of feudalism. He was not surprised by the Supreme Court’s ruling and cast doubt on the desire for any further change within Sark.
‘If the roles are to be considered, that desire will come from the people of Sark. Once enough say “it’s time to change”, we will review. But that will be on the agenda from within Sark, not without.’
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