Chief Minister pushes for compromise on Bailiff's role

Wednesday 01 May 2019

The Chief Minister has put forward proposals to establish an elected Speaker for the States Assembly – without actually getting rid of the Bailiff.

Senator John Le Fondré is suggesting that the States Assembly elect a Speaker from its members – but that person will only get to preside over States Assembly meetings when the Bailiff and Deputy Bailiff aren't available.

The Chief Minister’s proposition follows the suggestions of the Bailiff, Sir William Bailhache, which were outlined in a letter circulated to all Members.

He described his suggestion as a "softer solution" to an issue that has been brought up in the States many times.

Pictured: The Bailiff Sir William Bailhache suggested a softer solution to the debate about his role.

The Chief Minister noted the “compromise” proposed by the Bailiff would not require a constitutional change by retaining the Bailiff as Presiding Officer. 

He said it would also bring “far greater clarity” in addressing conflict of interests where the Bailiff – who is also the Head of Judiciary - sits in the Assembly while legislation is being debated. 

Senator Le Fondré said a number of Members were supportive of the principles behind the Bailiff’s proposal, but felt that someone “more senior” should facilitate their debate by the Assembly. “I have agreed to take on this role,” he added.

Pictured: The Chief Minister is "hugely supportive" of the role of the Bailiff. 

In the report accompanying his proposition, the Chief Minister said he was “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,” he wrote.

He went on to say that the Bailiff’s role had been “pivotal” in guiding the island and its residents through “hugely tumultuous times in history, and steering the course towards the Island of today, with its democratic ideals and multicultural society, whilst protecting, enhancing and nurturing its constitutional position.”

Pictured: States members will be debating a proposition to select a speaker for the Assembly today.

He concluded his report saying that any change to the role of the Bailiff should be through “an evolutionary approach” rather than a revolution that would “cast down nearly 800 years of Island history, possibly on the balance of one or two votes, and potentially without any recourse to the public.”

Senator Le Fondré’s proposition comes as the Assembly is due to debate proposals put forward by Senator Sam Mézec - calling for the States Assembly to select a Speaker, either from elected members, or by appointing a person who is not an elected but who would be eligible for election to the Assembly, and its Deputy Speaker from amongst the elected members - today.