Dual Role of Bailiff

[Jeremy Strickland]

At the time of writing the debate on Deputy Pitman's proposition has come to a temporary halt for lunch. (resumes 14:15)

I am surprised by which States Members are in accord with the principal of ceasing the dual role. Senators Walker, Ouzouf, and Shenton all agree.

The way the debate is swinging is contre Deputy Pitman's proposition on the grounds of personal attack, and lack of investigation into the consequences of cessation.

What I would like to see is the dismissal of Deputy Pitman's proposition, and another in it's place that charged the relevant bodies to investigate the consequences of change, and to report to the new Assembly in December. I believe there was such a proposition by, I think, Deputy Le Fondre, but it appears to have been withdrawn.

My forecast is a resounding 'contre' to Deputy Pitman's proposition (32:5).

[Jeremy Strickland]

As predicted the vote swung largely against Deputy Pitman's proposition. I think the count was 47 contre and 5 pour with one abstention. In other words every member turned up on appalled and voted.
To correct my earlier post it was Deputy Paul Le Claire that raised the other projet, and not Le Fondre as suggested.

I do feel that PPC and related bodies should investigate the consequences of rescinding the Bailiff's role as president of the States in the name of impartiality. It could be argued that this would put the cart before the horse in that we would need Members' agreement on ceasing the dual role first, before investigating the consequent changes needed. Either way I feel the death knell has sounded for the last time and we can finally move forward to the clear perception of a separation of powers between the executive, and judicial bodies as laid down by article 6 of the European Convention on Human Rights.

[Bea]

Think this will be one issue that can't be swept under the carpet anymore.
We the electorate,realise the implications of the dual role,and now will demand change in that area.
Think prior to recent events,we just accepted the situation as a quaint old Jersey tradition.

[dimples]

"the independence of the court from political interference was one of the pillars of democracy. "

- Sir Philip Bailhache 15th September 2008

[uylenspieghel]

Sept 21, 2008 7:25:16 GMT dimples said:

"the independence of the court from political interference was one of the pillars of democracy. "

- Sir Philip Bailhache 15th September 2008

Yep, that one quote jumped out at me as well. You just can't believe that the bailiff himself would have the nerve to stress this, can you ? This guy is so unreal!

[Jeremy Strickland]

Sir Philip Bailhache has just announced his intent to retire from the post of Bailiff in June 2009. He has HM the Queen's consent.

Usually it is the Deputy Bailiff that takes up the ermine of Bailiff - in this case Micheal Birt.

Hopefully by June the dual role will have been split


Has the Queen never given her consent ?