Will this week see the end of Bailiff's dual role?

Monday 14 November 2016

This week could see the historic role of the Bailiff as head of the States and the Courts being split up - and on the eve of that major debate, a leading UK judge has been back in the Island to brief States members.

In 2010 Lord Carswell was asked to carry out a review of Jersey’s Crown Officers – the Bailiff, Deputy-Bailiff, Attorney General, and Solicitor General - and one of his conclusions was the Bailiff's role in charge of the judiciary and the legislature should be separated.

His 88-page report made 12 broad recommendations, seven of which dealt with the Bailiff. They included: “...the Bailiff and Deputy Bailiff should continue to carry out judicial work in the Royal Court.”

And more radically: “...the Bailiff should cease to act as President of the States, and the States should elect their own President, either from within or from without the ranks of their members.”

Many of his findings reiterated recommendations made in another independent investigation – the Clothier Report – back in 2000.

But nothing has happened. St Brelade Deputy Montfort Tadier is hoping all that's about to change.

He's lodged a proposition, which will be debated tomorrow,  to split the Bailiff's judicial and legislative roles.  On Friday, In the lead up to the debate, he invited Lord Carswell over to brief members and to give them the chance to quiz him.

Lord Carswell still believes the role should be split and was able to explain to members why. Those who attended say it was a useful meeting. Few though were willing to say if it's made them change their opinions.

It's likely to be a long - and most members believe - closely fought battle.