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Jersey's Chief Minister says he does not want to see any changes made to the centuries-old Bailiff's role after his fellow Ministers launched a bid to boot him from the States Chamber – and told Express that the public, rather than politicians, should have the final vote on such a fundamental change.
But Infrastructure Minister Andy Jehan and Housing Minister Sam Mézec argue there is no need for the matter to be put to public vote, with the latter arguing that the matter of who chairs States Assembly meetings is "a serious item of interest to virtually no one" apart from those taking part in them.
Due to be debated in December, Constable Jehan's proposition seeks to create 'Speaker' and 'Deputy Speaker' positions that could be implemented once the current Bailiff, Sir Timothy Le Cocq, retires in October 2025.
Though the Bailiff would remain as the civic head of Jersey, the speaker – chosen either from the ranks of the States' elected Members or by appointing someone who would otherwise be eligible for election to the Assembly – would take on "all the functions of the presiding officer".
While the proposal was put forward in the name of Constable Jehan, he is backed by a diverse group of 16 politicians – including Assistant Chief Minister Simon Crowcroft, former Chief Minister Kristina Moore, and Housing Minister and Reform Jersey Leader Sam Mézec, and the nine other members of his party.
While not named as one of the group, External Relations Minister Ian Gorst has also previously made pushes to split the Bailiff's dual role. When he was Chief Minister in 2017, the then-Senator Gorst made a strong call for constitutional change, arguing that unless the Bailiff is removed from the States, the island will not be able to rebut allegations of "the Jersey Way" in a move that set him against his then-External Relations Minister Philip Bailhache, a former Bailiff himself.
Deputy Bailhache himself has argued at several points over the years that the idea ought to be put to a referendum – an idea backed by his brother Sir William Bailhache, also a former Bailiff, and the incumbent, Sir Timothy Le Cocq – which he previously estimated would cost around £20,000.
Among the arguments supporting this move is the question of whether one individual should serve as head of both the island's legislative body and its judiciary system, as the Bailiff currently also presides over proceedings in the Royal Court.
Pictured: Sir Timothy will retire towards the end of 2025 after six years in the role.
As well as creating a "clear separation" between these roles, Constable Jehan's proposition argues the move will improve the "efficiency" of both systems and "enhance our democratic reputation and culture by creating a dedicated role to engage in public outreach and promotion of democracy in our community".
But should it be up to the public to decide if they agree with that argument? Asked by Express whether he would be in favour of a referendum, Deputy Mézec said: "There is no public interest argument in support of a referendum.
"[Reform Jersey] said in our manifesto that we would support this change. So we have a mandate to vote that way, without a public vote necessary to confirm it."
Pictured: Reform Jersey leader Deputy Sam Mézec said that there was "no public interest argument" in support of a referendum on the matter.
Deputy Mézec also argued that "the issue of who chairs States meetings is a matter for States Members".
"The presiding officer needs to be someone we have chosen and who serves to facilitate the business of the States Assembly. It’s not a public mandate-based role," he continued.
"The proposition also doesn’t propose changing any of the powers of the States or the Court. The powers stay exactly the same, it’s just a role will be split between two people instead of one. So it’s not drastic enough to justify one."
He contended that there were many other matters, such as assisted dying, that the public would "prioritise" for referendums.
"Not the matter of who chairs our meetings, which is a serious item of interest to virtually no one apart from those who have to work in this system on a daily basis."
Constable Jehan said he agreed with Deputy Mézec, reiterating that the group was "not looking to change the civic head of the island" but rather "looking to elect our chairperson".
He continued: "Who chairs our meetings should only be of interest to those in the meetings.
"This is about democracy and being able to be truly democratic."
Pictured: Infrastructure Minister Andy Jehan said those behind the proposition were essentially "looking to elect our chairperson".
Mr Jehan added that the timing of the proposition was "quite purposeful" on the basis that Sir Timothy's retirement in October 2025 allowed time for the new process to be implemented and the right speaker to be selected beforehand.
He also reiterated that the current format, under which the Bailiff splits his time overseeing proceedings in the Royal Court with presiding over sittings of the States Assembly, was "not a good use of resources".
However, the idea is not backed by the island's most senior politician.
Chief Minister Lyndon Farnham has opposed changes to the role of the Bailiff at several points over the years when the debate has reared its head.
He told Express that "any change in the makeup of Assembly should be put to the public in a referendum".
He said: "And if we are ever to make a change, that change needs to be proven to be better than what we have now – and I do not believe that the proposition on the table will be an improvement on the current system.
“What we have now works exceptionally well for our jurisdiction and has done for generations."
Pictured: Chief Minister Lyndon Farnham said the current system had worked well for "generations".
Deputy Farnham continued: "We have seen continuous reform of our States Assembly and machinery of government over the years, but one constant we have had throughout is the role of the Bailiff which has served us well."
But he acknowledged that "these issues are a free vote for all Assembly Members".
"I make no criticism of the Constable for bringing the proposition, as is his right, and States Members will also have the opportunity to express their views on this subject.
“That said, I hope the debate does not take Members’ focus away from more pressing matters – such as the government’s proposed Budget.”
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