Historic debate over Bailiff's role to be delayed

Monday 11 September 2017

A debate over whether the Bailiff should continue to have both a judicial and political role, due to happen tomorrow, is to be delayed for around five weeks.

Deputy Montfort Tadier, who originally submitted the proposition, explained that it had been delayed and not withdrawn.

The divisive proposal, which placed the island’s two most senior politicians at loggerheads, will now be removed from the agenda of the first States Sitting after the two-month summer recess.

Deputy Tadier explained that the move would allow politicians time to fully consider the findings of a special panel – himself, Senator Philip Ozouf and Deputy Simon Bree – who have been considering how the idea would work in practice.

Pictured: The three members of the specialist panel tasked with considering the scrapping of the Bailiff's dual role.

He commented: “The issues of separation of powers and delivering on the Care Inquiry recommendations to that we have a fit for purpose democratic and social system fit for the 21st century should be goals that transcend partisan politics. Jersey stands at a crossroads between going forward and embracing long overdue, basic democratic reforms or going backwards. 

“With this in mind, I have been keen to allow ‘cross bench’ work to take place on the issue, and to work closely with the Chief Minister on this particular issue, which we both now see as urgent. I am convinced that this change is a matter or when not if and I remain hopeful that States Members will have the courage of their convictions to make the right decision once they have heard all of the arguments.”

The issue of whether the Bailiff - currently Sir William Bailhache, the brother of the Minister of External Relations – should continue as Chief Judge and ‘Speaker’ of the States is an issue that has raged on for many years. 

Pictured: Senator Sir Philip Bailhache's counterproposal for a referendum on the Bailiff's role.

It was recently reignited after the £23million Care Inquiry into child abuse from 1945 to the present date in the island suggested that it would be a step forward.

The Chief Minister is on record as supporting the change, and Express understands that he has written to the Bailiff to tell him that it would help address the public’s negative perception of ‘The Jersey Way’.

But that view has placed him in direct conflict with key political ally and Minister for External Relations Senator Sir Philip Bailhache. Sir Philip has suggested that the role should be put to a referendum to be conducted at the same time as elections at an additional cost of £20,000 to taxpayers.