Sark: the Chief Pleas and the 2008 reform

Background

In 1565 Elizabeth I granted Sark by letters patent to Helier de Carteret, Seigneur of St Ouen in Jersey, on condition that he keep the island occupied by at least forty men to deter pirates. He divided it into forty tenements, and the holders of these tenements, with the Seigneur and the Seneschal, formed the island's legislature, the Chief Pleas. Elected deputies of the people were later added, but before 2008 the assembly was dominated by landholders and the hereditary Seigneur, and the Seneschal combined the roles of presiding officer and chief judge. Sark is a dependency of the Crown within the Bailiwick of Guernsey, not part of the United Kingdom.

Pressure for change came from the European Convention on Human Rights, which the UK applies to the Crown Dependencies, and from the Barclay brothers, who had bought the neighbouring islet of Brecqhou in 1993 and challenged Sark's feudal rules in courts. Inheritance rules were changed in 1999 to give women equal rights, and in 2006 a property transfer tax replaced the treizième, a feudal levy of one-thirteenth of the purchase price paid to the Seigneur.

How it is governed

• Reform (Sark) Law 2008. Approved by the Chief Pleas in early 2008 and

by the Privy Council in April 2008, the law replaced tenant membership with 28 conseillers elected by all registered residents. The first election was held on 10 December 2008. The number of conseillers was later reduced to 18, with half elected every two years for four-year terms.

• Seigneur. The hereditary Seigneur keeps a seat in Chief Pleas and some

ceremonial and limited powers but does not vote.

• Presiding officer and courts. After the Court of Appeal found in 2008

that the Seneschal's combined judicial and legislative roles were incompatible with the right to a fair trial, the roles were separated; Chief Pleas has elected its own presiding officer since 2013, and the Seneschal is a judge only.

• Relationship with Guernsey. Sark legislates for itself in most matters,

but criminal law-making is delegated to the States of Guernsey, and Guernsey's courts hear appeals. Laws are approved by the Privy Council.

• Committees. With no professional civil service of any size, Chief Pleas

works through committees of conseillers who also oversee day-to-day administration.

Economy and public goods

Sark has about 500 residents, no cars, no income tax and no public debt. Its revenue comes from a personal capital tax, property transfer tax and fees. Tourism (day visitors from Guernsey), agriculture and small businesses form the economy. Infrastructure is minimal: the harbour, a narrow road network for tractors, a school and a doctor's practice. Utilities are privately supplied, and disputes over electricity prices led Chief Pleas to legislate for price control. The island's dark night skies have been recognised by the International Dark-Sky Association.

Conflict and disputes

The Barclays argued that the reform did not go far enough, because the unelected Seigneur and Seneschal kept seats. The UK Supreme Court rejected their challenge on 1 December 2009, finding that the non-voting membership of the Seigneur and the Seneschal fell well within the margin of appreciation allowed by the right to free elections. After none of the candidates they favoured won a seat in the December 2008 election, the Barclays announced the closure of their hotels, shops and other businesses on the island and suspended building work, which deepened a bitter local conflict over the brothers' influence. Disputes over planning, the electricity supply and the island's tiny administrative capacity have continued.

Outcomes

Sark completed a transition from Europe's last feudal legislature to an elected assembly in a few years and without violence. The reform responded to international human-rights standards and to litigation by wealthy outsiders, which shows how a micro-polity can be pushed to change by actors with resources far greater than its own. Low turnout, uncontested seats and the strain of governing with volunteers are continuing weaknesses.

Lessons for institution design

• Human-rights law can drive democratisation of traditional institutions

in small jurisdictions.

• Separation of judicial and legislative roles is a minimum requirement,

even for tiny polities.

• Size limits capacity: governing with unpaid conseillers and few staff

makes complex regulation hard.

• Concentrated private wealth can dominate a micro-polity's politics.

Further reading

• [R (Barclay) v Secretary of State for Justice [2009] UKSC 9](https://caselaw.nationalarchives.gov.uk/uksc/2009/9)
• [R (Barclay) v Secretary of State for Justice [2008] EWCA Civ 1319](https://caselaw.nationalarchives.gov.uk/ewca/civ/2008/1319)
• Government of Sark