ONE of Sark’s conseillers takes us to task on this page for our critical editorial comments about the dual role of the island’s Seneschal on the grounds that they lose credibility because we are not campaigning for a separation of the similar roles of the office of Bailiff.

It is a reasonable point – but not entirely parallel. The combination of judicial and parliamentary duties has been tested by the European Court of Human Rights and, in the McGonnell case judgement, a technical violation was evident.

That, however, was 10 years ago and work-arounds have been put in place – not without cost – that have not seriously been challenged since.

The Sark problem with the Seneschal has more recently been considered by the UK Court of Appeal, has less room for manoeuvre, and the UK has no intention of trying to defend the indefensible should it go to Strasbourg.

In other words, different times require different solutions.

Does that mean all is comfortable with the various roles of the office of Bailiff as president of the States of Guernsey, chief justice and first citizen? No, clearly not. There are issues of independence with any individual presiding over legislature and judiciary, as the Court of Human Rights acknowledged, and while the system may have been ideal when introduced in 1948, the world is now very different.

In particular, any modern, democratic society with elected leaders but a civic head holding office at Her Majesty’s pleasure is going to look unusual, particularly to outsiders.

In many respects, it is a difficult conversation to have. Islanders, and this newspaper, have a deep regard for the office of Bailiff and the islands have been well served by a long line of distinguished incumbents.

Rather like Sark, there is no clamour for change but, perhaps unlike Sark, there is a growing appreciation in Frossard House that the current model will have to change before long.

Islanders, even if they have no strong feelings either way, would prefer to be masters of their own change and not bounced into something by external forces.