From Peter Davis.
DURING a recent holiday in France I heard the news item on the impending retirement of the Bailiff in 2009.

Predictably, a number of politicians and others used the occasion to call for a review of the role of the Bailiff as both a judge of the Royal Court and president of the States Assembly.

Clearly this is potentially a major change to our constitution, whether written or not, and, I would maintain, one that is too serious to entrust to mere politicians. I would therefore hope that, as we were able to vote in a recent referendum on the relatively insignificant theme of remaining with British or changing to Central Europeal Time, a referendum would be the only appropriate way to decide this matter if change was thought to be desirable.

My own view is that apart from a minor change to Standing Orders no change is necessary. Imagine a politician being elected speaker. What might we get? Someone perhaps of the likes of Senator Walker or even worse his nemesis, Senator Syvret? Or perhaps someone of the standing of Westminster’s current incumbent who has been accused on occasion of being blatantly partisan. No, a politician will not do.

Apart from other considerations we could effectively lose the services of a potential able minister or tie the hands of the one who is best suited to asking the awkward questions. A judge on the other hand has a working knowlege of law, is appointed and trusted to be both fair and impartial in a court of law and is able to bring a certain gravitas to what are, after all, supposed to be important proceedings.

An Assembly president other than the Bailiff would not only need an appropriate salary but would no doubt require the creation of yet another expensive department to support the post. If the Bailiff is over worked would it not be a lot cheaper to appoint an assistant Bailiff, perhaps from the ranks of the Jurats?

The only real difficulty that may concern some people is that a non-elected person has a casting vote in the States. No problem. A simple change to standing orders could remove that vote and put into permament usage the historically recent practice of maintaining the status quo in the event of a tied vote. Food for thought – but whatever we do let us make haste slowly so that we may not regret at leisure.
Le Douaire,
Route des Côtes du Nord,
Trinity.