Splitting the Bailiff's dual role would need public vote, says Bailiff

Tuesday 23 April 2024

Changing the role of the Bailiff would change Jersey's constitution so fundamentally that it would need to go to a referendum, the current Bailiff has said - but he sees no problem with keeping the status quo for the controversial dual role.

This comes as questions around the role have been raised in Guernsey, with a group of Deputies including two former Chief Ministers currently working on proposals for the States Assembly to be chaired by a speaker.

Speaking at a Chamber of Commerce lunch event this afternoon, Sir Timothy – who has held the role since 2019 – spoke about much-debated role of the Bailiff as both the Chief Justice and the Presiding Officer of the States Assembly.

The position has come under intense scrutiny over the last two decades, with critics suggesting that the Bailiff should not be head of both the legislative body and the judiciary.

The 2000 Clothier Report into the machinery of government, the 2009 Carswell report into the roles of Crown officers, and the Independent Jersey Care Inquiry in 2017 argued that the role should be split.

A number of politicians over the past 25 years have attempted to split the role.

Speaking at the lunch at the Royal Yacht, Sir Timothy said: "It will not surprise you to hear that I think that there are a number of advantages to maintaining the status quo and I do not personally see a conflict between the Bailiff's roles. 

"But questions such as this are matters of a constitutional nature and ultimately they're matters to be decided by the Assembly, subject of course to the approval of his Majesty and counsel. If the Bailiff were to be removed [as speaker of the States], however, careful consideration will be needed to be given to who will replace him or her."

He said that a States Member becoming speaker would take out a "skilled politician" from a small parliament, and that they would bring political baggage.

He added: "I can see some theoretical justifications for a change. And I can equally see theoretical justifications for maintaining the status quo.

"In my own view, however, as indeed the Assembly has resolved in the past, if there is to be a change, then this is a matter of such fundamental constitutional nature, carrying a very possible effect on the civic headship, amongst other things, that it probably should be ratified by a referendum so the people of Jersey can have their final say."

The idea of a referendum was actually backed by States Members in 2019.

Politicians narrowly voted to give islanders the final say over whether the Bailiff should continue to preside over the States Assembly, if major changes to the centuries-old role were agreed that week – but they weren't.

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Pictured - top: The Bailiff, Sir Timothy Le Cocq, spoke to the Chamber of Commerce on Tuesday 23 April. (Jon Guegan)