Bailiff’s role: Senator lodges referendum amendment again

External Relations Minister Philip Bailhache – who is a former Bailiff and brother of the current Bailiff – has lodged an amendment to Senator Ian Gorst’s proposition calling for an elected speaker to preside over States sittings.

In his amendment, Senator Bailhache says that the matter should be a decision for the people of Jersey, as it is a constitutional, and not a political, matter.

‘One of the fundamental flaws of the Chief Minister’s proposition is that the appointment of an elected Speaker and Deputy Speaker of the States Assembly is presented as a political issue rather than as a constitutional issue,’ the report accompanying the Senator’s amendment says.

‘If it were merely a political issue, it could be argued that the replacement of the Bailiff as presiding officer by an elected Speaker was something for the Assembly itself to determine. But it is not a purely political issue.

‘It affects the constitution of the States. On constitutional issues, the opinion of the people is important and should not be brushed aside as being of no significance.’

In 2014, Senator Bailhache was criticised after he lodged a similar amendment to Constable Simon Crowcroft’s proposition to replace the Bailiff with an elected speaker. His amendment was approved by 32 votes to 18, but many politicians claimed it was a ‘wrecking’ move which ruined the Constable’s proposal. Reluctant for another referendum to be held, the majority of States Members voted against the amended proposition, which was defeated by 45 votes to five with four abstentions.

Current Members who support Mr Crowcroft’s proposal at the time were Constable Len Norman and Deputy Judy Martin.

Two amendments have already been lodged in respect of the Chief Minister’s current proposition, which is due to be debated on 14 November. The Privileges and Procedures Committee want the introduction of an elected speaker postponed until 2019, rather than immediately after the next general election in May, as they say they need more time to bring forward the required legislation, if the Bailiff is replaced.

Senator Philip Ozouf has tabled a second amendment calling for the PPC to set up a specialised Scrutiny panel to examine the legislation, if the proposition is approved.

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