Sunday 30 June 2024
Select a region
News

Bid for parliament to take precedence over the courts

Bid for parliament to take precedence over the courts

Tuesday 04 June 2024

Bid for parliament to take precedence over the courts

Tuesday 04 June 2024


Reforms could give the island’s parliament an unquestionable place to do business while also laying the groundwork for executive government in the future, but the political petition doesn’t include plans to remove the Bailiff and his deputy from the role of Presiding Officer of government meetings.

A Requête has been submitted seeking investigations into creating a “special parliamentary body” to oversee the island’s government – the States of Deliberation – in line with recommendations made by the Commonwealth Parliamentary Association

If approved by deputies it would also designate the States’ chamber, also known as Court 3, as a parliamentary facility alongside the neighbouring Royal Court library to be used first and foremost for States business.  

Court business, the States of Election, and civil ceremonies would still be possible in the grand room, but those occasions would fall down the pecking order, with Policy & Resources and the States Assembly & Constitution Committee asked to make new arrangements with the judiciary. 

The petition is being led by Deputy Gavin St Pier, supported by an unlikely group of requerants; Deputies Peter Ferbrache, Sasha Kazantseva-Miller, Sue Aldwell, Andrea Dudley-Owen, Adrian Gabriel and Jonathan Le Tocq. 

But plans touted earlier in the year to remove the Presiding Officer – presently either the Chief Judge or his deputy – and replace them with an elected speaker have been shelved for now. 

Deputy St Pier said the matter has been considered, and while it is favoured by the signatories, they are considering a separate motion to achieve this later this year.  

bailiff

Pictured: Plans to remove the Bailiff as Presiding Officer of the States have been excluded from this petition. 

“At the moment, the Assembly is effectively subservient to the Royal Court, sitting only when it’s convenient to the courts,” Deputy St Pier said. 

“In practical terms this won’t change the building’s day-to-day use and therefore there are no cost implications, but it will change the relationship of the Assembly with the Royal Court. It doesn’t change our system of government but if we ever want to move to a more executive system, then these kind of reforms are foundations that will be needed for that kind of system.” 

Deputy Ferbrache said this matter isn’t high on the island’s agenda but is an important operational point which should be addressed, particularly in a vacuum of machinery of government reforms which have been canned until the next political term. 

It is important that we don’t give up,” he said. “We should make the evolutionary changes that we can agree on. From moment one, this has been about building consensus, so I am delighted to have worked with Deputy St Pier on this and colleagues from all sides of the Assembly. 

“The legislature’s own requirements to enable the more effective delivery of its role in the system of government will, unsurprisingly, never be seen as a priority for the public. That’s why we’ve done the work ourselves, so as not to draw officers away from other priorities.” 

“As a parliamentary-led initiative to strengthen parliament’s authority, this Requête is the most appropriate, efficient and effective route. 

queen tribute peter ferbrache

Pictured: Deputy Peter Ferbrache, the former Policy & Resources President.  

The new parliamentary body could see a distinct identity developed for the political side of the States with support staff being directly employed by it rather than employed by the States of Guernsey.  

The group also note that for over two decades the need for dedicated parliamentary has been identified through several overhauls of the Royal Court complex, but no changes have been advanced in that period.  

Use of Court 6, the former Greffe’s office on the bottom floor of the building, could also be used as parliamentary offices if the Requête is backed. It’s noted as being the least used and least suitable for judicial proceedings. 

There are no costs involved with the changes proposed, with it also floated that revenue could be raised through guided tours of the building and the sale of merchandise as it’s done in the Isle of Man. 

The Requête will be debated in July, and if approved SACC must report back by June 2026 with recommendations for a parliamentary body.  

Sign up to newsletter

 

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.

You have landed on the Bailiwick Express website, however it appears you are based in . Would you like to stay on the site, or visit the site?