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Question

Was the Attorney General involved in the recent appointment of the new Solicitor General and, if so, in what way

Published on: 23 February 2010

Question type: Oral

Asked by: Roy Le Hérissier

Answered by: H.M. Attorney General

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2.15   Deputy R.G. Le Hérissier of H.M. Attorney General regarding the recent appointment of the new Solicitor General:

Was the Attorney General involved in the recent appointment of the new Solicitor General and, if so, in what way?

[11:45]

Mr. T.J. Le Cocq Q.C., H.M. Attorney General:

The Attorney General has no responsibilities in and about the appointment of a Solicitor General. I was, however, consulted on that appointment as were a number of other persons and to that extent was involved in it.

  1. Deputy R.G. Le Hérissier:

Until I get my briefing, given that this process has the appearance of that used in the selection of the pope, would the Attorney General acknowledge whether he made a representation as to the degree of expertise required, for example, in Jersey customary law and the period of practice that should be required at both the Jersey and the English bar?

The Attorney General:

I am not aware that there was white smoke or black smoke involved in the process.

[Laughter]  However, no, I made no such representations. There is a job description

and a set of criteria which are issued to anyone on application and the individual candidates were measured against that.

  1. Deputy R.G. Le Hérissier:

Given that job descriptions sometimes and  indeed perhaps necessarily are elastic documents, would he not acknowledge that it seems very strange that the issue, for example, of Jersey customary law and the period of practice at the local bar would not be significant issues in the selection of such a person?

The Attorney General:

To be a Law Officer, you have to be qualified in Jersey law and that presupposes a minimum level of expertise in both customary law and, of course, experience in Jersey because you cannot qualify in any other way. I think the most important thing to be taken into consideration in the appointment of a Solicitor General is the very best candidate is appointed from among those who apply.

The Deputy Bailiff :

Can I remind you, Deputy , that the Attorney General does not have responsibility for the appointment of the Solicitor General?

  1. Deputy R.G. Le Hérissier:

No, I totally accept that and I think obviously this issue will be of great interest.  Does the Attorney General, from his highly esteemed position, believe that even though he lacks responsibility he would like to make recommendations to improve the process so it could hopefully be more open and transparent?

The Attorney General:

At this point I have no intention of making any particular recommendations to change the process. I believe, in fact, that it is as transparent as it reasonably can be.