An historic vote: Goodbye to the Bailiff?

Tuesday 14 November 2017

Centuries of tradition could come crashing down later today if the island's politicians vote to permanently oust the Bailiff as the 'speaker' of the States.

The role of the Bailiff was created in 1259 – the fruit of 100 years of bitter battle ended by Henry III giving up his claim to the Channel Islands. A Warden – the equivalent of the the Lieutenant Governor – and the Bailiff were subsequently appointed to run the island on the King’s behalf instead.

Centuries passed, and in the 1700s it was agreed that all laws should be passed by the States. It was from this point the Bailiff became the ‘President of the States'.

These days, he’s responsible for ruling over whether politicians’ questions and proposals should be allowed in the States Chamber where he sits on high – seven inches above the Lieutenant Governor, in fact – but he cannot vote.

Video: Current Bailiff Sir William Bailhache shares his thoughts on his role.

Many regard his continued presence as a quaint quirk of Jersey – a nod to the island’s past – but a series of damning reports over the years have chipped away at this perception. For some, the lack of separation between the judiciary and government is at best outdated, and at worst, an assault on true, modern democracy.

The issue has bubbled up occasionally over the years, but tended to be sidelined or voted down. But the Council of Ministers’ dedication to implementing the recommendations of the Care Inquiry, which appeared to support removing the Bailiff from the States, has seen it put back on the agenda.

A proposal championed by the Chief Minister Senator Ian Gorst, with the support of Deputy Montfort Tadier, could finally mean the end for the Bailiff’s dual role by next year’s elections.

If States Members agree, they’ll instead be presided over by an elected speaker. They could be either a States Member or a member of the public. The Bailiff, meanwhile, would be allowed to keep his ceremonial role, but that would be the extent of his political involvement.

Pictured: Could the island be set to get its own John Bercow, the House of Commons speaker? (PA)

Nonetheless, several politicians have suggested changes to the idea. External Relations Minister Sir Philip Bailhache - who has previously been Bailiff himself, and whose brother, Sir William, currently holds the role – suggests a referendum on the subject.

If the move to oust the Bailiff succeeds, the Privileges and Procedures Committee say that he should instead step down in 2019, not following the May elections, to allow them more time to scrutinise the necessary law changes.

Senator Philip Ozouf wants to see a new Scrutiny Panel set up to carefully examine the change. However, the Chairmen’s Committee – composed of all panel leaders – say they can already do an adequate job. 

While he has no say on the issue, the Bailiff would like to keep things as they are, and wrote to the Chief Minister stating that such a move was "illogical and unnecessary."

The ultimate irony would be a tied vote. Up until 2005, the Bailiff would have had a casting vote. Now a tied vote means that any changes are blocked from going through – a win-win for Sir William.

Nonetheless, it is likely he'll be asked to leave the Chamber during the debate, and will have to listen in from the States’ tearoom as his fate is decided.