From Reg Jeune.
YOUR excellent leader (JEP, 8 December) entitled Who Else Will Take on This Role? is exactly my summing up of an unconvincing report.

In my judgment it gives us no compelling reasons why we should make haste to change a system which continues to run smoothly in a small jurisdiction such as ours.

It leaves many questions unanswered, and it appears to me that if ever there was a situation which can be described as ‘if it ain’t broke, don’t fix it’,  then surely this is it.

We are given no compelling reasons, especially if you compare it with 800 years of this Island’s history, and the reality of the situation to a great extend based on the steadying influence of successive Bailiffs, for whom the Crown and the Island have had considerable respect.

As the panel acknowledge, it is difficult to find any criticism of the manner in which successive Bailiffs have served that office.

I was a member of the States Assembly for 35 years and I cannot recall one single occasion when I considered that the Bailiff had exceeded his powers or tried to influence any debate.

Over the years I have attended many conferences of the Commonwealth Parliamentary Association and either formally or informally I have never heard the position of the Bailiff, in relation to the States Assembly being questioned or discussed.

Former powerful reports, like the Privy Council Commission after the last war and the Royal Commission under Lord Kilbrandon, were cited to the panel. However, it appears to me that the panel concentrated on the worldwide image of today, which could be described as an issue of ‘perception’.

Our sister Island of Guernsey has a Bailiff occupying the same position, and the matter was considered by a Guernsey panel similar to that which produced the Clothier Report.

In that report the duality of the role is discussed and particular reference is made to the European Court of Human Rights, and the McGonnell case which had come before it.

The judgment of the European Court of Human Rights affirmed, and I quote, ‘there is no legal basis for contending that there should be a separation of the judicial and parliamentary roles of the Bailiff’ and it goes on to say ‘the panel notes that following the judgment in the McGonnell case that concern is no longer an issue’.

Surely, Mr Editor, if this matter is taken any further by the States of Jersey it should be only after discussions have taken place with our sister island.

If the States were to agree a change, the question arises as to who would take over the role.

The most obvious is an elected member of the States, but the available pool of States Members with adequate experience of proceedings of the States is likely to be comparatively small, and there may be a lack of willingness on the part of the more able States Members to accept such office as an alternative to a ministerial role.

Although it might run smoothly under the experienced hand of the Bailiff or Deputy Bailiff, the role can be quite demanding, and left in the hands of a Member of little experience, the result could be chaotic.

The suggestion that an outsider could be appointed is, I would consider, completely unacceptable, and I do not believe that this has been adopted by any other Parliamentary Assembly in the British Commonwealth.

The Island, at this time of recession, must also consider the cost of setting up a new speaker’s department. It would require not only a speaker, but one or more deputy speakers, and possibly a small staff, including someone with legal experience.

The Lord Carswell Report encouraging the separation of powers indicates that the Bailiff could continue as both judge and chief citizen.

When I questioned this unusual combination, Lord Carswell did appear to agree with me. It seems to me that it would not be long before difficulties could arise between the Chief Minister and the Bailiff.

If the States were so misguided as to want to change, I trust that they would give the opportunity for the Island to have its say by way of a referendum. In no other way should we throw out 800 years of history and good governance.