Wednesday, May 28, 2008

When feudalism and corporatism clash

A civil cold war is raging among the residents of the sleepy Crown protectorate, the last outpost of feudalism in Europe.

Just the other day the Queen gave her Royal Assent to a new constitution. After nearly 450 years, Sark's feudal parliament, known as the Chief Pleas, and mainly comprising unelected island landowners, was scrapped by Britain's Privy Council.

In its place will be a new parliament of 28 elected members, and the first election will be in December. So has democracy finally arrived? Don't hold your breath.

For arguably, the new constitution makes the governance of Sark more of an anachronism and an abuse of democracy than ever.

Critics of the new constitution argue that Britain's Privy Council and Minister for Justice Jack Straw, who implemented the changes, have squandered a wonderful opportunity to bring Sark into the 21st century.

For it does nothing to remove former aero engineer Michael Beaumont from his lucrative feudal position as Seigneur of Sark - its overlord.

Mr Beaumont, 80, lives in an official residence, the Seigneury, a fine house where official visitors, including the Queen, sometimes call when visiting the Channel Islands.

Until now, Mr Beaumont had a historical right to take a personal commission of one thirteenth of the value of every property on the island every time it was sold. Instead of being used to improve facilities on Sark, the money went straight into his pocket.

This has been scrapped, but in its place he will receive an annual £28,000, index-linked, a perk he can pass on through his heirs in perpetuity.

Nor does the new constitution replace the Seneschal, Lt Colonel Reginald Guille, 66, who is appointed by the Seigneur. He is the island's sole judge and Speaker of the parliament.

[ ... ]

The chances are that the democracy-dispute would never have erupted, with Seigneur Michael Beaumont's ancient feudal powers continuing uninterrupted, had the billionaire Barclay twins, Sir David and Sir Frederick, owners of The Ritz hotel and Telegraph newspapers, not bought Sark's tiny offshore island of Brecqhou.

The enigmatic brothers set about building a home with castellated battlements and walls 4ft thick, rising above the cliffs.

Brecqhou is governed by Sark's ancient laws, which included primogeniture - under which all property must be left to the eldest son. The Barclays have four children and wanted to leave the island in trust for them all. After a lengthy legal battle, they won and the law was changed.

Undoubtedly, having to fight for what they saw as a natural right motivated the Barclays to try to dismantle a feudal system that is clearly undemocratic.

They are seeking a judicial review of the latest changes, which they say have not gone far enough. And Jack Straw himself admits the new constitution is "inconsistent with modern democratic principles".

~ From: The last feudal baron: New laws to bring the island of Sark into the 21st century ~

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