Deputy Gavin St Pier raised the issue after asking how much the island’s jurats were paid each year. They receive no formal salary, but do get a small fee for their work in the conveyancing court.
He claimed the court had little practical purpose in the 21st century, and existed only for tradition.
‘The process is a ceremonial inconvenience for the public most of the time and neither is it the best use of resources, either in terms of people or space, given both are limited,' he said.
The custom is thought to date from a time when much of the local population was illiterate and documents were read aloud in full before the parties were asked whether they consented to the transaction.
Swoffers director Andre Austin said he rather liked it. ‘I think there’s something quite nice about going to the court. It’s a big deal for people,' he said.
Talking to people in the UK had convinced him the island’s system was the better one. ‘The thing I’ve heard is how torturous it is. For whatever reason it takes aeons to do and nobody knows when they’re going to complete.’
He doubted clients would save much if the court was scrapped, since administrative charges would remain. ‘For me I think there’s something quaint and unique about it and most of the time we know where we stand in terms of completing.’
Cooper Brouard chief executive Matt Brouard, an estate agent for 40 years, said buyers and sellers saw the court as an integral and somewhat traditional part of the property sale business.
‘We don’t often hear it referred to as a nuisance or inconvenience. For first-time buyers it is a new and exciting experience which islanders almost see as a rite of passage. Parties can give a power of attorney if they do not wish to appear in person.
‘Conveyance documents ratified by the Royal Court and recorded at the Greffe confer indisputable proof of ownership. Meddling with the system has the potential for introducing unforeseen delays and doubts about when ownership is legally transferred,' he said.
Any change would need a States debate, led by Policy & Resources unless a member brought a requete. P&R president Deputy Lindsay de Sausmarez said it was not something the committee had considered, ‘but we’d obviously be happy to discuss it with any member who felt it was work that should be prioritised during this political term’.
Forward Guernsey could push for court reform
Forward Guernsey is considering bringing a requete to reform the Contract Court, having concluded that the States is unlikely to look at it otherwise.
The idea was raised by party leader Deputy Gavin St Pier in questions he sent to Policy & Resources regarding jurats’ pay.
The party said it accepted that reform would probably never be a priority as things stood.
‘That makes it unlikely to find its way into any government or committee work plan,’ it said in a statement. ‘With that in mind, it’s exactly the kind of topic which is suitable to be dealt with by requete.’
It described the court as an example of ‘an embedded inefficiency which continues largely because “it’s always been done this way”’, but said long-standing practice did not put any part of the public service beyond sensible reform.
Before deciding whether to lodge a requete, the Forward Guernsey will consult interested parties on their views, including on what any reform might look like.
‘Forward Guernsey intends to do that work over the months ahead, alongside of course
progressing our manifesto commitments,' it said.