TV licence fee law 'does not technically exist'

THE island's TV licensing fees are collected under a historic legal loophole rather than an official Guernsey law. The BBC licensing authority maintains that islanders' fees are collected under the Communications (Bailiwick of Guernsey) Order, 2004, which binds the Bailiwick to the UK's Communications Act 2003.

But technically, such a law does not exist.

This order was brought before the Privy Council in 2003 but never went before the States for discussion.

Guernsey instead comes under a completely legal agreement between Channel Island and UK Government officials dating back to 1949 as an extension of the Broadcasting Act.

Deputy Dave Jones said while the current means of collection was legal and valid, he was campaigning to see it rationalised as a proper Guernsey law.

'Any charge that is levied against our local people should be sanctioned by the proper democratic process of the States of Deliberation,' he said.

'My wish is to at a future date bring this matter before the States in order that it becomes a local law rather than one that was done in the mists of time by council in the UK.'

But he said the Law Officers need not prioritise it.

TV Licensing is often criticised locally for imposing a UK tax outside its jurisdiction.

Deputy Jones clarified the situation. 'My position is clear in that we are not subject to UK taxes, but in this case we receive services from the UK in terms of BBC television, for which a charge can legitimately be made,' he said.

The historic TV licensing agreement was introduced to Guernsey by an order in council.

'We were dealing with very different times. Television was a very new concept,' said Deputy Jones.

He said that during the Occupation there was no real civil government and in the immediate aftermath it was commonplace for extensions of acts to be dealt with in such a way.

'It is something that has been continued more for historic reasons than anything else, but that doesn't mean the current law is not valid.'

He said he was working closely with the Law Officers to see if there was a mechanism whereby this issue could be brought to the States.

'It is clear that this is more complicated than at first indicated,' he said.

'Because of the large workload the Law Officers have at the moment, I have indicated that it is not a priority. They are under far more pressure over more important issues.'

HM Greffier administrative assistant David Jehan said the office had fielded a number of enquiries regarding the supposed Communications (Bailiwick of Guernsey) Order, 2004.