The Bailiff has the right, if he and the Deputy Bailiff are unable to preside over the States, to nominate a Member or Officer of the States to act for him. This does not happen very frequently because in a non-party Chamber most Members wish to speak in all but the most routine of debates, and the President of the House has only a casting vote which, by custom, he uses in order to enable the States to debate the matter again during another sitting
Philip Rondel tells me he remembers both Dick Shenton and Jean le Maistre have taken the Chair in the past - he has a better memory than me! Another correction - Ed Le Quesne tells me Jersey now relates to the UK through the Justice Department, not the Home Office, since Jack Straw split that off as a separate department.
The Ancient Role Of The Bailiffs Of Guernsey And
By Peter Crill (1992)
The Presiding Officers of the States in the
A different path to democracy.
The Channel Islands of Jersey and Guernsey, however, whilst within the British Isles but outside the
The States evolved from the much more ancient
That symbol of parliamentary sovereignty, the Mace, given by the House of Commons to several early fledgling Parliaments in the Commonwealth, has been carried before the Bailiffs of
Royal connections
It may be helpful, before examining the Bailiff's role as Presiding Officer of the States, briefly to outline some salient parts of the
The Islands consist of two Bailiwicks, Guernsey and
Originally the Crown exercised its legislative powers in the
On the statute books
An interesting résumé of the origins of the laws of Jersey in particular is to be found in an English case of a debtor (reported at 1980 2 All E.R. Chancery Division) as regards the Royal prerogative in the
Council for the debtor emphasised the reference to the Crown's sovereignty in right of
Officers in the States
After the loss of continental
Since 1495, the Bailiffs have been appointed by the Crown. In the time of King John there came into being the office of Jurat - the nearest modern equivalent approximates to a Justice of the Peace, but the analogy must not be pressed too far. As was states in a recent judgement in the Jersey Court of Appeal: "The Jurats number on only twelve and they are chosen to administer justice in this island on the basis that they will bring knowledge, experience and independence to their important office". The Jurats declared, sometimes with the King's Justices in Eyre, what the common law was. The Jurats, with the Bailiff and eventually with the Rectors and Constables of the twelve ancient
The final change (is there ever any final change in political evolution?) came in 1948 when the Jurats and Rectors were removed from the States, partly by their own votes, and the States of Jersey now consists of twelve island-elected Senators, twelve Constables and twenty-nine Deputies, together with the Dean, the Attorney-General and the Solicitor-General, all three of whom have the right to speak but not to vote.
It is over this body that the Bailiff now presides as his predecessors did over earlier bodies for many years. Thus the office and its functions are well understood and accepted by the Islanders.
Differences in the Chamber
The Bailiff, therefore, as Presiding Officer over the States, is nominated and not elected, but he presides over the Assembly, acting partly under standing orders and partly, where they do not cover a particular situation, by his own judgement and intuition. Erskine May [Treatise on the Law, Privileges, Proceedings and Usage of Parliament] is available and consulted, but the vast body of rulings by the Speaker of the House of Commons is too large for all his or her rulings to be applicable to a small Chamber consisting of fifty-three
Unlike the House of Commons, prayers in the States are said in public, and also the roll call is taken in public. Again in contrast with most Legislatures, the Bailiff remains seated throughout, except for prayers and when reading, for example, a Royal communication or rising to obtain order when exhortations have failed.
The Crown's executive powers are retained in the veto over matters affecting the Crown's interests - of the Lieutenant-Governor who has a seat in the States but no vote and, traditionally, speaks only on his retirement. As a result of earlier squabbles over jurisdiction between Governor and Bailiff, the Bailiff's seat in the States Chamber and in the
Role of the Bailiff
The Bailiff has a right of dissent under an Order-in-Council of 1786 but since given statutory recognition. It suspends the operation of measures which the Bailiff considers the States are not empowered to pass until the Crown in Council has considered and allowed them.
The Bailiff has the right, if he and the Deputy Bailiff are unable to preside over the States, to nominate a Member or Officer of the States to act for him. This does not happen very frequently because in a non-party Chamber most Members wish to speak in all but the most routine of debates, and the President of the House has only a casting vote which, by custom, he uses in order to enable the States to debate the matter again during another sitting
The Bailiff is available to any Member to assist in drawing up propositions, or advising on procedure. Sometimes he chairs a meeting of senior Members on general matters arising out of earlier debates, such as the Order Paper for the next sitting. He is the channel of communication between the insular authorities and the Lieutenant-Governor who, in turn, transmits the official views of the States to the Home Office. In addition to his duties as Presiding Officer, the Bailiff is called upon as civil head of the Island to represent it at a number of official functions in both the Island and the
His position in relation to his dual functions - judicial and legislative, but not administrative - was examined by two Royal Commissions, firstly in 1946, and then the one I have mentioned, the Crowther Commission, in 1969: no recommendations were made for any change, mainly because there had been no representations to that end by the States or people in the
Thus the Bailiff, qua Speaker, has extensive powers, but he must be careful to exercise them constitutionally and in accordance with the well-established constraints of his office.
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