When, not if, on Bailiff role change

Tuesday 21st December 2010, 2:43PM GMT.

WHEN Jersey decided to take a look at the roles of the Crown Officers and, in particular, that of the Bailiff, it commissioned an expert panel under Lord Carswell, which took 12 months to sift a mountain of material before concluding that Jersey’s Bailiff should cease to act as president of the States.

Guernsey’s States Assembly and Constitutional Committee, by contrast, has taken just a handful of days to dismiss the report in its entirety.

That is not surprising from a house-keeping committee that unsuccessfully tried to stop the use of smartphones in the States chamber – but it is an opportunity missed.

While most islanders are completely happy with the office of Bailiff encompassing  first citizen, head of judiciary and presiding officer of its elected, political Assembly – and there are many reasons why they should be – it is not a system that can continue unchanged.

All the incremental reforms of the island’s system of government have, at their heart, the aim of separating the Royal Court, the former seat of government, from the current administrative arrangements.

No matter how well it has served the island over the centuries, Guernsey’s development as a maturing democracy, its pursuit of its own international personality, and changing external perceptions mean that it is no longer appropriate for a head of judiciary also to sit as speaker of an elected parliament.

It is exactly those changing circumstances that led to Sark being forced to amend its own very similar situation with the dual role of the Seneschal.

Similarly, given the emasculated introduction of the Harwood machinery of government reforms here in 2004, there has been no mature debate on how the modern office of an elected chief minister can or should operate alongside an ancient and unelected office of civic head.

These may be difficult areas, for all that the discussion is about roles and not individuals, but it is vital that consideration is given to it.

Unfortunately, the Assembly and Constitution Committee has funked out of taking control of change that, whenever it comes, is inevitable.


  1. 1
    Paul Moed

    Are ‘most islanders completely (really) happy that the Bailiff is first citizen, head of judiciary and presiding officer of its elected, political Assembly?’

    It might perhaps be relevant to not forget that The Bailiff of Guernsey is also ex-officio President of the Guernsey Court of Appeal and was until recently the Provincial Grand Master of the Guernsey Freemasons.

    Happy? I don’t think so!

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  2. 2
    Ray

    Sounds like Paul has had a bad experience?

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