“Learn to live with it” - Bailiff defends his role

Friday 01 June 2018

Jersey's Bailiff has told the new States that a proposed referendum on the future of the post should be held and should be binding.

In a strongly-worded address at the swearing in of the new States this morning, Sir William Bailhache told politicians: “I [don’t] wish the Bailiff to be removed from the States, but frankly it is time the issue was put to bed."

He went on to say that the proposed referendum should be held later this year and that “whatever the percentage turnout”, should be binding.

He continued: “If the outcome is that the Bailiff leaves the States then so be it. If the outcome is that the Bailiff should stay in the States then those who don’t like it should, if I may say so with the greatest respect, learn to live with it."

Video: Excited States members head for the Royal Court to be sworn-in. 

Many independent reports have concluded the role of Bailiff is conflicted – he’s both the island’s top judge and in effect the speaker of the house who overseas debates in the States. Despite much criticism others have defended the role denying claims of any conflict and saying the role is historic and should be cherished as a unique aspect of the island’s heritage.

St. Brelade's No 2 Deputy Montfort Tadier blasted the Bailiff's speech as "highly political, writing it was "an outrageous and egregious breach of protocol."

Out outrageous & egregious breach of protocol with a highly political speech from the Bailiff at today’s swearing in, on the role dual role. Will he be telling us how to vote on everything? Exactly why change is necessary #SeparationofPowers. #JerseyCI @StatesAssembly @Ian_Gorst

— Montfort Tadier (@DeputyTadier) June 1, 2018

Last November Senator Ian Gorst tried to get the States to scrap the Bailiff’s dual role but an amendment from former Bailiff, and brother of the current Bailiff, Sir Philip Bailhache put those plans on hold. He convinced the States there should be a referendum.

It’s now in the hands of the new States. They’ll be discussing it on 26 June. They’re being asked to give the referendum the go ahead, to agree the wording, to fix the date – Saturday 20 October – and to approve the cost – an estimated £70,000.