Jersey's Bailiff--- The Times are a Changing

States Members have just spent over a day debating the future role of the Bailiff. It could be said that the matter is an old chestnut but has been too hot to handle because people’s fingers would be burnt if they picked it up. This was proven to be the case as Connetable Crowcroft and fellow States Members discovered yesterday.

Connetable Crowcroft had lodged his proposition P160/2013 last December and asked the States “to agree that from the date of retirement of Sir Michael Birt as Bailiff of Jersey, Recommendation 2 of the Review of the Roles of the Crown Officers (the ‘Carswell Review’), namely that “2. 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” should be implemented.

The current Bailiff is to retire at the end of this year and Connetable Crowcroft obviously thought it would be a good time to bring about change, however the Proposition was doomed from the outset and completely wrecked by the lodging of amendments by Senator Bailhache and Deputy le Herissier relating to a referendum to be held during the October Elections.

It was back in 2000 when Sir Cecil Clothier’s Machinery of Government Panel recommended that the Bailiff should cease to act as president of the States or to take any political part in the Island’s government and the States should also elect their own Speaker. The Panel made no recommendation as to who the Speaker should be.

It was also recommended that the Chief Minister should be the direct link to the Home Office in London. And the office of Bailiff should continue to be the highest in the Island. Apart from an unsuccessful proposition lodged by former Deputy Shona Pitman a few years back the matter has not been addressed.

Because of my concerns about the lack of the Crown Officer’s accountability and the States having no appetite to address the issue of the Bailiff’s dual role I lodged P 5/2009 which asked the States to agree that an independent review be conducted into the current roles of the unelected members of the States, namely the Bailiff, the Lieutenant-Governor, the Attorney General, the Solicitor General and the Dean. Very importantly I also requested that the means of achieving that goal should be via the Council of Ministers and Privileges and Procedures Committee (PPC).

This was approved and eventually led to the Carswell Review which again reported that the Bailiff’s dual role was untenable.

In his report Connetable Crowcroft stated that the Privileges and Procedures Committee, of which he once was its chairman, had been working on the matter, but because the present Bailiff was retiring at the end of 2014 he thought it would be a good time to address the matter. I believe the Connetable was being unrealistic because not only was the time scale too short but so was his report too short of detail which was a matter shrewdly picked up by Senator Bailhache.

As mentioned above Senator Bailhache lodged an amendment which stated that if the Crowcroft proposition was approved the matter should be included in a referendum to be held at the same time as the elections on 15^th October. The public would be asked if they wanted the Bailiff’s role as President of the States to end. Deputy le Herissier’s amendment made the result of the referendum binding.

It soon became evident that if the amendments were approved there would be insufficient time for PPC to draft the necessary legislation before the October election. Also if the public was to be asked for their view then surely they needed to be consulted but who would be responsible particularly as time was so short.

I listened to parts of the debate and it became evident that sentiment over logic became the order of the day. I heard one Connetable state that if it’s not broke why fix it and parishioners were asking why the Bailiff was being kicked out of the States. The comment was certainly an own goal because one the reasons why Connetables claim their role in the States is so important is because they are the direct Parish link to the States. If that is so, how many Connetables arranged Parish meetings to discuss the proposition or other propositions for the matter? I stand to be corrected but I doubt whether any parish meetings were held to discuss the matter.

Senator Bailhache whose main election platform is supposed to be States reform which seems anomalous given his support for Connetables remaining in the States, quickly reminded Members how important the Bailiff’s role was at Liberation Services, other civic occasions and meeting dignitaries but steered well clear of explaining the Bailiff’s lack of accountability or that in other democracies (apart from Guernsey) the Speaker is subservient to the House.

It was left to the likes of Deputy Sam Mezec and Senator Ozouf in excellent speeches to remind Members that what the Bailiff does outside the Chamber is one thing but what he does in the Chamber is another and has no place in the 21^st century. Unfortunately the wise words went unheeded. The world is changing and so too in Jersey which is not as it is once was but some die hards are hanging onto the belief that pomp and ceremony can over ride the need for democracy and accountability.

The late Sir Cecil Clothier wrote “Change can be uncomfortable but it is inevitable. The proper attitude to change is not to resist it but to try control its direction.” These are wise words which should not be ignored.

Sir Cecil Clothier rightly stated that the Bailiff’s role should not be political, with this I concur because the Bailiff’s role as President of the States is political. It is he who approves or rejects propositions submitted by Members and also their amendments and questions. The Bailiff as Speaker has a critical role in deciding when a Member is called to speak during a debate or ask supplementary questions.

The Bailiff is appointed by the Crown and his office is high and honourable and ancient. In ancient times Bailiffs played a significant part in government but this was when there were no parliaments, no elections and no appreciation of accountability. Speakers must be accountable to their Parliament and that should be the case for Jersey.

Surely no one should hold or exercise political power or influence unless elected by the people to do so. Who has elected the Bailiff and for that matter the Dean, Attorney and Solicitor Generals? None of them are entirely non political and all have the right to speak in the States. The Bailiff as Speaker should be a servant of the Assembly but can’t be unless he is elected to that post?  Also as he is appointed by the Queen’s Letters Patent to the high and ancient office how can he hold an office to which he should be subservient to the States?

Connetable Crowcroft’s proposition was lodged on quicksand and soon began to sink. To his credit he correctly realised that his proposition was wrecked and even he could not support it as amended so when the States resumed yesterday morning he sought support to with draw it. However Members rejected his request which was then confirmed by 27 votes to 23 when put to the vote. This led to a full morning and early afternoon being spent on recycled speeches which did nothing for Member's credibility. When finally the vote was taken on the proposition as amended, it was heavily defeated.

The matter will not go away but it needs more than a back bencher to address it. However unless there is a will and leadership from the Council of Ministers supported by a genuine desire from all States Members to bring Jersey into the 21st Century the Bailiff's dual role will be untenable and if change does not come from within it will be imposed upon us from outside the Island. 

Connetable of St Helier Proposition P160/2013

Privileges and Procedure Committee Comments

Senator Bailhache Amendment

Deputy Le Herissier Amendment

Deputy of St Martin P/5/2009 re review of role of Unelected Members of the States.

A Reflection on 2013

During 2013 I published 33 blogs and in common with other Bloggers have seen an increased readership. Whilst a large proportion of my posting have been in relation to the Dean's handling of HG's complaint I have covered other topics. I shall devote this blog looking back on some of them and will also take the opportunity of updating readers.

In January drug dealer Curtis Warren was still very much in the news and so he remained throughout the year as the Authorities were determined to make his life as difficult as possible. I have no time for drug dealers but it appears that every possible step was taken to ensure that Curtis Warren remained behind bars for as long as the Authorities could justifiably do so.

There was an ongoing battle to either get some of his ill gotten gains or to keep him locked up. He was due to be released this month but was ordered to pay back almost £200m or face a further period behind bars. Following the Court's ruling a statement from Jersey's Law Officers' Department read; 

"The Royal Court of Jersey has today ordered that £198m be confiscated from Curtis Warren. It is believed to be one of the largest ever confiscation orders made in the British Isles and Europe.

"The confiscation proceedings are the result of several years of extensive investigation into the criminal career and financial affairs of one of Europe's most notorious organised criminals." 

I did not attend any of the Hearings but from reports I have read it was reported that during the Hearing it was alleged that Warren was laundering £10m to £15m a week from smuggling drugs. It was also revealed that from his cell at Jersey's La Moye prison while awaiting trial between 2007 and 2009, Warren was alleged to have used several illicit mobile phones to contact a network of associates in an attempt to continue his drug trafficking empire. Some 35,000 calls across 41 countries between March 2008 and October 2009 involving Warren's mobile phones were analysed during the investigation.

If the above occurred one wonders who knew about it, why was it permitted, how many people have been arrested and if none, why not? When one also considers the controversy over the way evidence was obtained to convict Warren where no drugs came into police hands nor the drug supplier arrested, it ‘s not surprising that he has lodged another appeal. He might well be asking who guards the guardians or who watches the watchman?

Interestingly one the judges involved with one of the earlier appeal Hearings was certain Dame Heather Steel.

In February I published a blog about a film company called Canbedone Productions who having originally asked for £2m settled for £200k to film in Jersey. The Blog has received a considerable number of visits throughout the year and I am sure that readers will be looking with interest as to whether the promised filming actually gets under way later this month.

I am much saddened every time I pass St Martin’s School’s former playing field which is very much a building site because of the construction of the new school.The new parish Deputy, Steve Luce was a leading light in support of building the school on its field rather than on its existing site. I had hoped Deputy Rob Duhamel would have remembered that he is also Minister for Environment as well as Planning and would have saved the field but it was not to be. It is therefore amusing to read that Steve Luce lodged a proposition claiming that he has no confidence in Deputy Duhamel. It is said that one has no friends in politics.

I posted a Blog reporting on the lot of many of the Island’s immigrants who have little protection in respect of the deposits they are required to leave with land lords. The promised legislation still has not been lodged but I am informed that it should be lodged in the near future.

The States continued to make a pig’s ear of Reform and as long as it remains in Member’s hands, apart from the odd tweaking nothing substantial will be forthcoming. The one regret I have is that I voted in favour of Ministerial Government way back in 2001. I believed that reform in line with Clothier would immediately follow but it certainly has not been the case.

It was my proposition that established the Carswell Review into the role of the unelected Members of States. These include the Bailiff, the Deputy, the Attorney and Solicitor Generals, the Dean and the Lt. Governor. One of the recommendations to come from the Review was that the Bailiff’s dual role should end.

Connetable Crowcroft has lodged a proposition requesting the States to agree that 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.  I have always been relaxed in relation as to who presides at States Sittings but my main concern is that who ever it is, that person should be accountable and there should be a right of appeal against decisions made by that person in relation to the lodging of propositions and questions from States Members.

I devoted three blogs in which the former Bailiff was able to able to act in a partial and conflicted manner and yet not be accountable to anyone.

The debate on the Bailiff is due on 4th February and it seems ironic that a Connetable is lodging a proposition to remove the Bailiff from the States in line with the Clothier recommendation yet the Connetables are totally ignoring Clothier's recommendation to remove them selves from the States.  

In March it will be 3 years since the States agreed to establish a Committee of Inquiry into Jersey’s Historic Child Abuse. I published a couple of Blogs relating to that topic but it this Blog on Jimmy Savile published in 2012 which is still receiving a large number of visits. I am looking forward to the Committee actually getting under-way.

As mentioned above I have devoted a considerable amount of time to the Dean’s handling of HG’s complaint. As is so often the case it is not what was done at the time but what was not done that leads to problems. This could be said in the Dean’s case where sadly his handling of the complaint has caused a tremendous amount of distress not only to him and his wife but to HG which was also life changing.

Much time and expense has been given to investigating the matter and it is already evident that there will be no winners. The two Reports are due to be published some time in the near future but I doubt whether either will really put an end to the affair and will probably pose more questions than answers, but Bloggers will ensure that questions are asked.

Finally may I wish all readers a safe and healthy 2014 and ask that if you are minded to make a New Year's resolution you might consider one I made at the millennium and still keep. When ever possible use the stairs rather than the lift. Its good for your heart and spirit, try it even for a month and see if it makes a difference, I am sure it will.