During the week that the States are due to begin debating Senator Sam Mézec’s plans to remove the Bailiff as President of the States, replacing the post with an elected Speaker, Senator John Le Fondré has lodged a ‘compromise’ proposition which, if approved, would essentially retain the historic dual role.
And, while Senator Mézec’s proposals will still be debated during this sitting, the Chief Minister is set to ask Members to throw out Senator Mézec’s proposals.
Instead, Senator Le Fondré will invite Members to retain the Bailiff as ex-officio States President but elect a Speaker from within the Assembly to chair meetings in the event the Bailiff and Deputy Bailiff are unavailable.
Currently, when the Bailiff and Deputy Bailiff are either unavailable or opt not to chair a debate due to the topic being discussed, they can invite either the States Greffier, Deputy States Greffier or an elected Member to oversee proceedings. Conventionally, it would fall to the Greffier to chair the meeting in such absences.
The Chief Minister argues the plans would ‘bring far greater clarity in addressing the perception over whether there is a conflict with the Bailiff presiding when legislation is debated’.
A number of reports published during the past two decades into the constitution of the Assembly have called for the dual role to be split, with critics arguing that the Bailiff should not preside over both the law-making States and law-interpreting courts.
Senator Le Fondré’s proposal largely echoes suggestions put forward by the Bailiff, Sir William Bailhache, in a letter he wrote to States Members earlier this year.
Senator Le Fondré said: ‘I am hugely supportive of the present role of Bailiff in the Assembly. I believe we have been exceptionally well served by all of the Bailiffs I have ever had personal experience of during my political life.
‘The fact that the first record that we have of someone holding the position of Bailiff is in 1277 shows the huge cultural and historical impact the role has had during the centuries, and whilst not everyone will agree with style, approach or decisions made by Bailiffs in the past (or present), it is clear that the role has been pivotal in guiding the Island and its residents through hugely tumultuous times in history.’
He added that changing the 800-year-old role of the Bailiff should be done using an ‘evolutionary approach’.
‘Constitutional change is important and should not be treated lightly,’ Senator Le Fondré said. ‘This proposition addresses the substance of any critical perception, but as previously noted, would not be a change in the constitution of this Assembly and how it represents the public of this Island.
‘This is why I have made this proposition, to give Members a choice, towards a compromise – an evolution in the role of our most ancient and historic Member.’
Sir William is due to stand down as Bailiff in October and be replaced by the current Deputy Bailiff, Tim Le Cocq.
Senator Le Fondré’s proposition is due to be debated on Tuesday 4 June.
