Sark Changes To Be Challenged

by GD on Thu 10 Apr 2008, 6:47 pm

Sir David and Sir Frederick Barclay are challenging major changes to Sark's Government that were approved by the Queen only yesterday.

The brothers claim the existing position of Seigneur and Seneschal in the island threaten full democracy and human rights compliance for Sark.

They plan to challenge the Royal Assent in the High Court, but not everyone in Sark is convinced it's necessary.

Yesterday morning, a sunny day in Sark appeared different to no other, but hundreds of miles away in Windsor Castle, an historic decision was being made for the island in the presence of the Queen. A decision that would see sark's old Feudal system of the Chief Pleas abolished - replaced with a new government of 28 members, each elected by the people.

The change will see a new elected house but the unelected position of Seigneur and Seneschal will remain unchanged. The seigneur is the civic head of the island, it''s a position that's been in place since 1565. The Senschal is Judge and Magistrate of the island and presides over Sark's Government. Both positions are unelected. For some that's not a problem, where as others like the Barclays believe without further reform Sark can never claim to have a democracy and that brings with it issues surrounding human rights compliance.

Paul Armorgie, the President of the 2007 constitution committee said:
"It's as far as we can go for the time being quite frankly. We've had to bear in mind the views of a very broad cross-section of people and this process has been going on for ten years and therefore what we've arrived at now is still very much a transitionary period in terms of moving from the unique form of feudalism that Sark has enjoyed for almost four hundred years to a democratically elected assembly and there's a lot more work to do yet, but this is a very important milestone, very much an important cornerstone in building for that full democracy, but there is still a lot of work to be done yet let's not pretend we are in anyway where we want to be. It's the start of a fledgling democracy."

Dave Melling, Peoples Deputy:
"Everyone's entitled to an opinion. Let's just say that I accept the position of Seneschal as it has been, but I also have to accept that it has to change."

Colonel Reg Guille, Seneschal of Sark:
"The current law which has been approved has a house of 28 fully elected consigners, elected by universal suffrage and that represents the will of the majority of the people in Sark."

Roger Olsen, People's Deputy:
"I don't see a fundamental problem with having expertise to help inform the house when legal questions arise. If you have a lay person trained to legislate, the opportunity for so many things to come back as being incorrect is just enormous."

The Barclays plan to challenge the lawfulness of the decisions to grant the Royal Assent. They claim the reform legislation failed to address the positions of Seignuer and Seneschal. If their high court challenge is successful, Sark's government could be reformed yet again by the start of 2009 and the start of Sark's new government.

Dave Melling, Peoples Deputy:
"I think the island should be quite a happy place today now that it has been given the Royal ascent and I just hope the courtesy is given to the island and its administration to be able to put the law together with the bits that have to hang off the now accepted law, such as I've mentioned already, just give us the time and the grace to do that please." (from CI.TV)

Seems to me like the Barclay Bros just want to "Own" Sark...