Guernsey Press

Centuries-old court must be left in the past

THE Church of England bowed to the inevitable yesterday and accepted that it could no longer defend the Ecclesiastical Court.

Published

Outside of a few cloistered halls it has long been accepted that the court is an anachronism, clinging on by its fingernails to an authority that exists solely out of respect for history.

Transparency further loosened that grip, as islanders were able to see and understand for the first time the huge sums involved.

The Dean of Guernsey has been rightly praised for his role in opening the shutters and exposing the court to the cleansing light of public scrutiny.

On his arrival in the island he quickly realised that the Church cannot exist in a bubble outside of society. People in the 21st century have a justifiable expectation of a clear legal process.

They also have none of their ancestors’ innate deference to authority.

In that world it was intolerable that the Ecclesiastical Court should continue in its medieval ways, forcing islanders of faith and no faith to abide by its rules and restrictions.

What it was not about, as the president of Policy & Resources said yesterday, was the quality or speed of service provided, nor the friendly, accommodating manner in which the court does its work.

It was not even about whether it could be done more cheaply.

It was about whether a religious body should administer a secular, legal authority.

The question now is how to move away from that model without destroying what is of value.

Deputy St Pier’s statement yesterday indicated a compromise is afoot.

The surplus money, after paying the wages of advocates and clerks, will go to general revenue.

The office itself is to be modernised ‘while maintaining the levels of service currently provided at reasonable cost’.

The Registrar will not become a States employee and his team stay intact.

In short, islanders using the service will see little difference.

Such an outcome will not be easy and a deal clearly needs to be hammered out.

That deal must fully satisfy the public’s desire to break with the past.

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