Select a region
In Connect magazine this month, local Advocate Olaf Blakeley focusses on a phrase which has gained notoriety in recent months, following the publication of the report of the Independent Jersey Care Inquiry: "the Jersey Way..."
"Words and their interpretations differ from time to time and from person to person. A few years ago you could type ‘Olaf Jersey’ into Google and you’d find me; nowadays, when you type that, you get a list of pages showing children’s jumpers with a snowman on the front, who likes warm hugs.
"The problem with the negative interpretation of ‘The Jersey Way’ is that it is based on beliefs which cannot stand up to logical assessment. The words, negatively used, imply there is a corruption that exists between cliques and clans to keep things secret which should be public. Well, what things? And how? Secret meetings between those in power who huddle together and plot? Really?
"If people believe it’s the States - our politicians - who do this, where do they do it? It can’t be in the open debates where propositions are passed in front of the glare of the public. That’s not secret. If people believe it’s the judiciary how is that possible when court sittings are in public? I’ve tried and failed to have private court hearings, with judges rejecting my submissions for a private hearing on the basis that they must be open to the public.
"To be frank, I’m a little fed up with people moaning and asserting there is a ‘Jersey Way,’ applying a negative definition. It makes no sense. I would never try to deny that it’s possible that some people may have a little sway here and there where others may not: a parking ticket ‘overlooked’ or, more seriously, a planning application passed, which ought not to be. But to label this the ‘Jersey Way’ insinuates that if it exists, it only exists in Jersey. Get a grip. Do people honestly think the UK, France, Germany or Spain are all absent of such possible practices? It’s absurd.
"The most recent criticism of the phrase has come from the Independent Jersey Care Inquiry. The Inquiry heard the term used frequently by those appearing before it and, oddly, seemed to latch onto it. I am very surprised. I’m very surprised that an intelligent chair of the Inquiry allowed a recommendation to be made that in order to dispel or remove the perception of the Jersey Way there should be a separation of powers between the political and the judicial sectors. There is already.
"The politicians who make up the States Assembly are not our judges. True, some used to be lawyers but none of the politicians make judicial decisions. The only common parties are the Bailiff and/or the Deputy Bailiff. But, with the greatest respect to both of those office holders, they do nothing in the States. Of course, they have a role, but they don’t make decisions or even influence decisions. How on earth could an intelligent committee come to such a conclusion applying logic? Applying sensible reasoning, how on earth could the replacement of the Bailiff and Deputy Bailiff in the States suddenly signal the death of the Jersey Way (if ever it lived)?
"I honestly believe that those who believe that secret handshakes exist between those in power have never either properly thought about the issue, or stepped foot in either the States or our Island courts. I have. Both. I have been in numerous court hearings in which judges have declared at the onset possible conflicts between their roles and the subject matter to be adjudicated. I have been called into judges’ chambers where a judge has explained to me he/she cannot sit on the forthcoming matter because of a possible conflict. I have attended the Bailiff in his chambers on urgent legal matters which have either been audio recorded, or conducted in front of the Judicial Greffe, for record keeping purposes.
Pictured: The Care Inquiry called for the Bailiff to be removed from the States.
"Perhaps the cynical will think I’m part of the ‘Jersey Way’ group and therefore trying to influence its survival. Let me assure you I’m not. I actually am in favour of the Bailiff and Deputy Bailiff relinquishing their States’ roles. But I’m in favour because courts are too busy and we need these people in court, and not sat in the States Chamber for days on end, while people are waiting extraordinary long times for their civil or criminal matters to be heard or ruled upon. Either do this, or get more judges and more court rooms.
"I say in closing, if you really are one of those who believe in the Jersey Way, stop and think and use your intelligence, instead of letting your imagination run away on a conspiracy theory. Logic will tell you it cannot exist in the way it is rumoured to exist and, if it exists in small pockets to a small degree, this is not a unique practice to Jersey."
Comments
Comments on this story express the views of the commentator only, not Bailiwick Publishing. We are unable to guarantee the accuracy of any of those comments.