On the 8th of July 2013 I made a submission to the Ministry of Justice Select Committee as did others to include Deputy Mike Higgins which was published
HERE and former Deputy Trevor Pitman which was published
HERE. The then Deputy Pitman's submission would only get to see the light of day on his own Blog as with mine it was not accepted by the Select Committee or published on its website.
The three submissions, taken together, provide ample evidence of a
BREAKDOWN IN THE RULE OF LAW and good governance in the Crown Dependency of Jersey yet the UK government continue to fail in its obligation to intervene.
The UK Justice Select Committee's Report has now been published (minus a number of submissions and redacted submissions) which can be viewed
HERE. Needless to say everything is pretty rosy in Jersey according to the Report.
Here is my submission.
To Ministry of Justice Select Committee on Crown
Dependencies developments since 2010.
Following the Committee’s recent visit to Jersey I am
motivated to make this submission being very disappointed that the Committee
Members have not met with the general public and the Committee chose to meet
with government officials almost exclusively.
There is a great deal of discontent on the island that the
Committee will only be aware of by meeting with members of the public,
especially since there is so little public awareness of the Committee’s task or
Terms of Reference.
Most importantly my strongly held view is that there should
be MORE intervention and supervision of Jersey Government and administration by
outside bodies such as the Privy Council. This especially applies to the
administration of justice, the legal system and the lack of impartial tribunals
in Jersey.
There are many specific individual cases such as, what many
see as the “illegal” suspension of the former Chief Police Officer, Graham
Power QPM who’s force was investigating the Haut de la Garenne Child Abuse
atrocities. Mr. Power’s suspension has, by the evidence been shown as a
political coup in order to discredit him and his Deputy Chief Officer, Lenny
Harper, to cover up the atrocities of paedophilia/Child Abuse that were able to
go un challenged for decades on this island.
Subsequent to the alleged illegal suspension of Mr. Power,
former Health Minister and Senator Stuart Syvret, (opposition politician) has
been persecuted over the years for trying to address child protection failures
of the State. His injustice, and persecution, continues to this day. This
includes “secret” court cases.
Currently Deputies Trevor and Shona Pitman (opposition
politicians) face financial ruin as a result of a court case in which the
alleged conflicts of a Jurat were not revealed. The same Jurat’s deficiencies
were referred to in “The Sharp Report” on Sex abuse at Victoria College where
he sought to protect the dignity of a paedophile and refused to look at
evidence against the said paedophile, a senior teacher at the college, where
the Jurat was also employed.
I have cited, only three instances here to indicate that
injustice occurs at senior levels in Jersey’s administration, but I must stress
that there are many more instances at all levels in Jersey society where
justice is denied. The reasons are many, and include, conflict of interest by
those in authority, especially the Crown Officers, obscurity of the laws, lack
of adequate legal and political representation.
The Jersey government has embarked on a programme to achieve
greater independence from the UK government and UK institutions. This might
suit the narrow interest of a few but will definitely NOT be in the interest of
the majority of Jersey residents.
Over the centuries islanders have taken their grievances to
such bodies as the Privy Council and this facility must be preserved and
enhanced. The reliance on the Jersey institutions has proved to be inadequate.
In my view substantial reforms are needed so that the Jersey
public have an easier, and more direct access to bodies, such as the Privy
Council, and that much clearer guidelines be established to set the parameters
for UK supervision and oversight. The Select Committee might not be the body,
but there should be established an outside agency more willing to review
individual cases that are often termed as “internal matters”
Regarding more general reforms the UK Government should
accept, more readily, its responsibility for the good governance of the Crown
Dependencies. In Jersey, reforms such as, separation of the Bailiff’s powers,
more clearly defined appointment and supervision of all Crown Officers, modernisation
of the legal system, abolition of Jurats, removing the monopoly of Jersey
lawyers, creation of an adequate Legal Aid system, greater accessibility to
independent tribunals and the establishment of a truly democratic States
Assembly are all urgently needed. Such reforms seem to be beyond the ability,
or outside the current constitutional limits of the prevailing Jersey
administration. They will ONLY be achieved following outside intervention.
It is my, strongly held view that the UK is failing in its
obligation to ensure good governance and the rule of law in Jersey. Indeed I
would go as far as to say the UK is turning a blind eye to, what looks to be
political and judicial corruption. The UK has shown it has the power to
intervene as it has in Sark and the Turks and Caicos Islands.
08/07/13
(END)
In Part Two I will publish the subsequent e-mail exchange between myself and the Select Committee Clerk who didn't even acknowledge receipt of my submission for FIVE MONTHS which made it
impossible for the submission to be accepted.
Deputy Mike Higgins'
SUBMISSION.
Former Deputy Trevor Pitman's
SUBMISSION.
The Uk government stepped into the Turks and Caicos for far less.
