Last week, Senator Sam Mézec withdrew his proposition to remove the Bailiff as ex-officio President of the States and replace him with an elected speaker after it was heavily amended.
The Senator described the amendment – brought by Constable John Le Maistre, who called for a referendum – a ‘wrecking’ motion.
In withdrawing the proposition, the amended proposal fell away, meaning there will be no changes to the Bailiff’s role.
Several high-level reports on the composition of the States Chamber – including the Clothier and Carswell reviews – have recommended that the Bailiff should not act as both head of the law-making States and the law-interpreting courts.
And, the 2017 Independent Jersey Care Inquiry report suggested that further consideration be given to the reform recommendations in order to counteract the negative perceptions of the ‘Jersey Way’.
The panel’s report said: ‘Throughout the course of our work we heard the term the “Jersey Way”. While this was, on occasions, used with pride to describe a strong culture of community and voluntary involvement, it was more often used to describe a perceived system whereby serious issues are swept under the carpet and people avoid being held to account for abuses that have been perpetrated.
‘We are of the opinion that this matter cannot be addressed without further consideration of the recommendations made in the Clothier and Carswell Reports.’
Senator Mézec believes that the failure of the States to support meaningful change could make the States commitment to the inquiry report seem like ‘empty words’.
He said: ‘The proposition was subverted by a wrecking amendment supported mostly by unelected Members who don’t understand Jersey’s constitution and don’t care whether Islanders can benefit from an independent court system.
‘It made no sense to go ahead with it and waste potentially over £100,000 on a referendum when we are told we face a deficit and there is no money to pay teachers a fair wage. The Island needs to wake up and smell the coffee. This issue isn’t going to go away. We will continue to be criticised for the lack of separation of powers.
‘I took the lead on this and have done everything I can to support it [the inquiry’s report]. But, it does undermine the commitment of the States as a whole to implement the recommendation, and risks making it seem like empty words.’
He added that a last-minute proposition from Chief Minister John Le Fondré, lodged just days before the States had been due to debate his proposition, had ‘fudged the issue’ and ‘failed to deal with the fundamental democratic deficit’.
Senator Le Fondré will ask Members to support his ‘compromise’ approach which would retain the Bailiff as States President but elect a speaker from within the Assembly to chair meetings in the event that the Bailiff and Deputy Bailiff were unavailable.
Current States practice in the event of such absences is for the States Greffier or Deputy Greffier to step in, but an elected Member could also be asked to chair the meeting.
The Bailiff, Sir William Bailhache, is due to stand down in October and be replaced by Deputy Bailiff Tim Le Cocq.
Senator Le Fondré’s proposition is due to be debated on Tuesday 4 June.
