Jersey's appalling human rights record again...but who cares?

We tried to post this on the SSTAG - Social Security and Tenants Action Group - blog but Google seems to have played around yet again with the password.
If anybody knows how to communicate with Google or how to rectify the problem please make contact....

So we are looking at the European Social Charter of the Council of Europe which almost every other place in Europe has signed up to....
but not Jersey of course....
and we doubt if any of the current COM have ever heard of it or care to find out.....

Council of Europe Social Charter….

A recent Daily Mail headline predictably screamed against the Council of Europe
“Double your dole, Eurocrats tell UK”.

For the average reader it would have been just another poke at the EU – but in fact the Council of Europe is not the EU at all but another organisation entirely.

Not that this would bother the Daily Mail too much with its insular view of the world and its policy to oppose any progressive trends – especially those that seek to improve the lives of ordinary working people…

So this latest rant was aimed to ridicule the most recent report from the Council of Europe arising under the European Social Charter which was signed up to by the UK in 1962.

The Charter is the companion document to the European Convention on Human Rights so that alone is reason for the Daily Mail to reach for the reject button.

Unfortunately, the paper is popular in Jersey so many thousands of the local electorate devour its contents and absorb its prejudices along with those so readily published by the JEP.

It was the Anti-Torture Committee from the Council of Europe that visited La Moye Prison a few years ago and issued a report that required Jersey to improve some conditions and practices which potentially caused “human rights violations.”

It’s easy to guess what the Daily Mail might have written about that sort of interference because the violation of rights is just an everyday journalistic tool at the Mail and other “National rags” – as the Press Inquiry and current court cases have revealed…

But unlike the Convention against Torture - Jersey has not even signed up for the European Social Charter – so the latest criticisms against the UK do not apply here.

This does not mean that similar conclusions might not be made about Jersey’s social policies – it’s just that, yet again - nobody is submitting them for independent examination and scrutiny in accordance with international standards.

Of course, there is no “dole” in Jersey just a weird system of “Income support” – but so far as the UK is concerned the Council report said that “Jobseekers Allowance” (for example) should be increased by £71 per week and many other allowances and pensions should be increased by similar amounts too because they are “manifestly inadequate.”

So how would Jersey fare if examined by these “Eurocrats”?

The UK has signed-up for 60 of the 72 articles of the Social Charter and submitted 32 Reports to the relevant Council of Europe Committee since 1962.

These deal with such matters as;

Children and family protection,

The protection of children from sexual exploitation,

Employment and labour rights,

Trades Unions,

Non-discrimination

Education, training and equal opportunities,

Health and Social Security provision

Maternity,

Migrant workers,

Etc.

The whole document is hugely important but like the Convention on Human Rights, is not popular with the current UK Government or other regressive institutions such as the Daily Mail. They would like to scrap any legislation or obligations that interfere with the capitalist priority of making profit.

In Jersey, as already indicated, the European Social Charter has not even been ratified.

It is unlikely that CM Gorst has ever heard of its existence and the Jersey Scrutiny system is incapable of submitting social policies to critical examination.

The Jersey Scrutiny System simply does not have an international obligations dimension – nobody routinely asks if human rights are being complied with!

How might such a complacent attitude be challenged?  Shall any of the candidates in the current St Helier By-Elections or in the whole Island elections in the autumn be proposing to change things for the better?

Portacabins for Jersey's first time buyers...?

Sir Philip Bailhache speaks out at the Senatorial hustings in October 2011 against the sub-standard living accommodation for the "non-qualified" population of Jersey.

Chief Minister Ian Gorst speaks out at the Senatorial hustings in October 2011 against the sub-standard living accommodation for the "non-qualified" population of Jersey.

Some portacabins in Jersey in 2013 - the sort of sub-standard living accommodation for the "non-qualified" population of Jersey that Chief Minister Senator Gorst and Assistant Chief Minister Senator Bailhache spoke out so strongly against in October 2011...

Sometime back in 2000 or even earlier about 20 “portacabins” were erected at Haut de l’Orme Farm, Trinity as staff accommodation and toilets. They are situated at the rear of the complex of buildings now often referred to as Rondels’ Farm Shop etc.

The Planning (and Environment) Office file is a bit vague on the precise number of portacabins or even if they were formally granted a “planning Permit” under Reference 7389/I. There is no copy of a permit in the Planning Office file and repeated requests at the office seeking clarification of the matter have been ignored or left unanswered.

During March 2006 under Ref P0182/B a retrospective permission was granted (in the name of Rondel Farms Ltd) to reposition 2 units and the siting of a third.

The conditions on the permit issued then included that “the approval relates solely to the three additional portakabins as shown on approved drawing No P/2006/0182B” and that “the accommodation shall comply with the Dept of Health Code of Practice on Staff Accommodation and Lodging Houses standards.”

During the autumn 2011 elections I spoke with candidate Richard Rondel on several occasions asking him for an interview regarding the portacabins but he declined whilst assuring me that the occupiers were perfectly content.

He was duly elected as a St Helier Deputy and now serves in the States in that capacity.

I spoke with him about the portacabins again this week. He advised that they are all rented out to the Jersey Royals potato growing company along with the fields etc.

My initial enquiries at the Planning Offices with Officer Townshend, commenced at about the same time as the States’ elections (Autumn 2011). I asked him when they were granted permission and more general questions about the supposed “temporary” nature of such accommodation and how permissions are only supposed to be granted in “exceptional circumstances” in accordance with Planning Policy No 8 etc.

Also, that these units are supposed to be “carefully and continuously monitored.”

I asked if the Planning Office kept a list of such permits, and if so, might I see it and how these properties are monitored (for continued need and standards etc).

Having received no response from Officer Townshend I was referred to Simone Glen-Dewar (Planning Technician) and followed up with an emailed reminder on 11 October.

She replied in November (c.c. to Townshend) that she would be absent for the next 2 weeks and “unfortunately the exercise has proven more complex than originally thought and I feel it needs to have time spent on it to ensure that there is no reason for recourse….I will therefore return to you once I have completed all my investigative work.”

I reminded her again by email in December and then learned that the matter had been passed on to senior planner Peter Le Gresley for his attention…

In the meantime Sir Philip Bailhache had been elected as a Senator in the autumn elections and, since he had expressed some critical views about “farm workers accommodation” during the hustings, I contacted him by email on 5 January 2012 seeking his help and inviting him to bring a relevant proposition.

I pointed out that some of these “temporary” structures were a “blot” on Jersey’s social landscape and how this was an “all Island matter etc.”

Senator Bailhache replied on 9 January 2012;

“I am not sure that I spoke several times about housing but I did certainly answer a question of yours expressing my view that portacabins were not appropriate accommodation for anyone. As you may know, I am now a member of the government with responsibility for external affairs and I do not think that it is open to me to bring a proposition criticizing the performance of any government department.

However, if you would care to come and see me with evidence of these “blots,” I am certainly prepared to take the matter up privately with the relevant Minister.

Perhaps you would let me know if you wish to do that, or if you would prefer to find a member without departmental responsibilities to advance the cause.”

I responded on 12 January…

”If you are prepared to take on this matter I leave it up to you how you do it. I am currently awaiting the Planners’ response with regard to one particular portakabin settlement and their official explanation of the general policy defects already referred to. As soon as this comes through I will be pleased to meet you and give whatever “evidence” I have collected.”

On 3 February 2012 I updated Senator Bailhache that the Planning Office now claimed to have mislaid my request for further clarification but that I was assured it was now receiving attention.

Unfortunately nothing transpired so I wrote to Deputy Duhamel, the Planning Minister on 29 June and complained that “I have now reached the point where it must be a deliberate attempt to withhold this information and it seems that the issue rests with Peter Le Gresley although others were originally supposedly researching the matter etc” and sought his “urgent intervention.”

Still nothing transpired.

I wrote again to Senator Bailhache on 31 August advising that I had again just contacted the Planning Office and been fobbed off…”It seems that both officers who might have some vague knowledge are “on leave” (viz Peter le Gresley and Lawrence Davies) and Derek Smith – the Duty Officer – does not want to “jeopardise” any action that might be taken although he has no knowledge of the matter.”

I pointed out that Deputy Duhamel had not responded and reminded the Senator that “since this is about all Island issues, I would suggest that the time has arrived for you to make some enquiries of your own.”

Unfortunately, the Senator responded that he was now too busy to assist further until after the Electoral Commission (for which he was chairman), had reported…

At “Sandhurst,” St Ouen during July 2011, the Jersey Royal Company was also encountering “planning resistance”. The company, which claimed to farm about one third of Jersey’s total land area (then) employed 550 potato workers Island-wide under 11 categories of seniority.  This one business was responsible for two-thirds of Jersey’s rural economy and owned 96 vans to transport its workers from one site to another yet the Planning Office was still refusing to grant permission for the construction of twelve units of accommodation for “senior” staff on Field 189, in the western area where they farmed 3,000 vergees of land.

Thus on 25 July, I was enabled to attend a Complaints Board hearing brought by Jersey Royal (Potato Marketing) Ltd against the Planning Department, held at St Ouen’s Parish Hall and on the relevant, nearby site.

But the negative decision was confirmed by the Board – inspite of the fact that the powerful supermarket customers laid down strict minimum standards for staff accommodation and there was a substantial shortage of this in Jersey and five units had previously been approved (but not built) on the site. The potato company’s pleas had been in vain and their attempts to build high quality staff accommodation denied.

For some strange reason, the Island appeared to be happier to house people in portacabins rather than in proper, modern houses!

Now, in February 2013, the Jersey Royal Company has re-applied to reposition the five units already agreed and this planning application is currently pending.

I wrote to Senator Bailhache on 21 February 2013 that “I intend to renew my efforts re portakabins and other shocking forms of sub-standard housing accommodation. We have exchanged previous emails on the subject – are you yet in a position to help?”

I await his response…but understand that he is currently in Paris promoting Jersey potatoes and other things to the French.

Deputy Richard Rondel recently signed off the Scrutiny Report on the new Control of Housing and Work (Jersey) Law which found that enforcement of existing “immigration” controls had been ineffective over 40 years. This is the legislation that I petitioned the Privy Council against in July 2011 causing some delays and amendments on Human Rights grounds to be initiated.

This Scrutiny panel, under Deputy Power’s chairing has now recommended further repressive measures such as photos on ID cards and immigration inspectors to “blow the whistle on unauthorised “white van man” etc.

Deputy Rondel currently also sits on the Scrutiny Panel looking at the joint Housing and Treasury Ministers’ proposal to introduce a short term (max 6 months) trial “deposit loan” scheme. This absurd scheme is designed to assist no more than about 60 applicants to purchase overpriced, largely unaffordable and non-existent properties whereas it will do absolutely nothing to help eliminate the disgraceful portacabins of Jersey or the dreadful accommodation endured by so many of the other 10,000 of the 98,000 residents of Jersey who do not even have “housing qualifications.”

Adieu Adriana - a seasonal Jersey tale...

Adriana interviewed shortly before leaving Jersey just before Xmas

A previous interview, recorded in May 2012, soon after her arrival was posted on this blog in June. Unfortunately, this machine won't let me re-post it here as intended...but you can refer to it there.

oo-oo

We have been following Adriana’s brief career in Jersey since she arrived from Romania in May seeking work and published a blog and interview on 13 June. 

Adriana has now left Jersey and returned to Romania. Her experience here was not a very happy one and we have not delved deeply into her private circumstance, in this posting.

Although thousands of shoe-boxes filled with toys and Xmas treats are sent from Jersey for the poor children of Romania each year – Adriana will be returning empty handed to her family.

She had no money for gifts but as a final insult, her over 20 kgs of baggage meant a hasty offloading of clothes and tin of sweets at Jersey airport (or find an impossible £120).

She is pleased to be heading back to snowy Bucharest.

Like the millions of migrant workers who trawl the world seeking any employment, Adriana had worked in Germany, Greece and Spain since the 1990s but never experienced such shortages of opportunities as in Jersey now. Of course it will get worse here and across the world and the new Jersey Population, Work and Housing controls, will make matters so much worse locally. Next year, the Jersey States will have yet another “population debate.”

The promised clampdown on the issuing or renewal of “licences”, the compilation and use of the residents “Register”, ID and “Residents” cards and fees, will act as a further discouragement to those seeking to settle here to work or just to trade.

Many in government want even more repressive controls on immigrants and greater punishments imposed on those who transgress the rules.

Blaming immigrants for society’s ills is nothing new or unique to this Island but the latent xenophobia that exists here, still unchecked by any anti-discrimination laws or regulations, already  makes life potentially impossible for so many who might otherwise find useful employment and a home here.

Unfortunately whilst realising that it is the immigrants who enable the Jersey economy to thrive, there is still a never ending inability to properly accommodate them, either in the “housing “or more fully integrated sense.

It is a great shame and loss because the varied talents and potential of so many keen workers coupled with their potential entrepreneurial ambitions and varied skills, are being so miserably overlooked or wasted. Besides which they are a potential conduit for new business and tourism links with other countries and locations.

Ironically, in an Island full of contradictions, Chief Minister Ian Gorst is himself a recent Tory accountant immigrant from Lancashire who moved to Jersey only after meeting his Jersey-born wife then training as a nurse in the UK.

No restrictions then on Mr and Mrs Gorst - but in an Island of nearly 100,000 people (of all ages) there are 10,000 working adults (immigrants often with children)) who do not even have the right to occupy or own proper, private housing accommodation (by virtue of the 1949 Housing Law and Regulations). The number of people without the “right to work” and to claim social security benefits (under the 5 years residence rule) is not currently known.

Yet another 20,000 adults who have full housing qualifications besides the right to work in Jersey do not even live in the Island.

Such is the perverse result of decades or discriminatory interference in the natural housing and employment markets – all in the name of giving some vague preference towards “Jersey born” people.

Soon all residents will have their details entered onto a central register with dubious data protection safeguards in place and be required to carry ID cards – a requirement unknown since wartime Occupation by the Nazis.

The recent “Plemont” debate afforded the nationalist and discriminatory lobby to vent many and extreme “anti-population increase” views whilst linking unlikely arms with environmentalists and liberals. Yet the one-vote defeat in favour of free market capitalist land development promoters exposed the fragility and uncertainly of Jersey’s whole political structures….

Such concerns are of little interest to Adriana and the thousands who have tried or will try to settle in Jersey in the near future. They seek only somewhere to earn a living, to provide for themselves and their families and live their lives in peace. It is a familiar tale with a sadly seasonal edge…

JEC FRENCH LINK GUARANTEED SAFE - CM Gorst says

Chief Minister Senator Gorst issued a PR statement today to re-assure the public of Jersey that the JEC link to France is guaranteed safe and that in the extraordinarily remote possibility of any fault in the system that the public of Jersey would not have to pick up the bill or pay more for their electricty.
Signed Asst Minister Phil  "I'm as much in the dark as you" Bailhache.

We take this opportunity to publish this video-recorded election promise from CM Gorst on this and related matters.

We are so fortunate to have politicians of such integrity and foresight.